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1999-02-16 CC Packeta ALBERTVILLE CITY COUNCIL AGENDA February 16, 1999 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES • February 1, 1999, regular City Council Meeting 3. CITIZEN FORUM- (10 Minute Limit) 4. CONSENT AGENDA (a) Approve payment of Check #'s (b) Approve 3.2 License for the Albertville Jaycees at St. Albert's Parish Center on March 27, 1999, from 6:00 PM to Midnight (c) Approve Application to Conduct Excluded Bingo for the Church of St. Albert on March 14, 1999 (d) Schedule 1999 Board of Review Meeting for Monday, May 10, 1999, at 7:00 PM (e) RESOLUTION #1999-5 (A Resolution Approving the Transfer of the City of Albertville Cable Television Franchise by Cable TV Fund 14-A, Ltd. To Bresnan Telecommunications Company LLC and Waiving the Right of First Refusal to Purchase the Cable Television System) 5. DEPARTMENT BUSINESS a.PuNie-Warks • Report b. Legal • None c. Engineering (1) Oakside Park tennis courts, parking lot and trails — Authorization to bid (2) 57`h Street Plans & Specs (3) JMJ Outlet Mall — Street improvements I t (4) Consider language addressing downstream flooding concerns for the Greenhaven Drainage Agreement d. Planning & Zoning • Final Plat for Center Oaks 4 h Addition e. Administration (1) RESOLUTION #1999-6 (A Resolution Establishing License Fees for Therapeutic Massage Enterprises and Massage Therapists) (2) RESOLUTION #1999-7 (A Resolution Appointing Patricia Gilliam For The Position of Secretary/Deputy Clerk) 6. ADJOURNMENT UPCOMING MEETINGS/IMPORTANT DATES February 22 Joint Powers Water Board Meeting 7:00 PM March 1 Regular City Council Meeting 7:00 PM March 9 Regular Planning & Zoning Commission 7:00 PM March 15 Regular City Council Meeting 7:00 PM March 22 Joint Powers Water Board Meeting 7:00 PM kj'..�F ALBERTVILLE CITY COUNCIL February 1, 1999 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Duane Berning, Patti Stalberger and John Vetsch, City Administrator -Clerk Linda Goeb, Public Works Representative Tim Guimont, City Attorney Mike Couri and City Engineer Peter Carlson Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 5b(3) — Outdoor Ice Rink • Add Item 5c(4) — Project Updates • Add Item 5d(6) — Update on STMA Ice Arena Vetsch made a motion to approve the agenda as amended. Gundersen seconded the motion. All voted aye. Gundersen made a motion to approve the minutes of the January 19, 1999, minutes as presented. Berning seconded the motion. All voted aye. Mayor Olson asked if anyone in the audience wished to address the City Council under Citizen Forum. Cathy Gullickson reported that the street sign at the corner of County Road 37 and Lamont Avenue NE has been rotated and asked that the Public Works department return the sign to its correct position. No one else in the audience chose to address the Council. Gundersen made a motion to approve payment of Check # 11395 —11417 as presented. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve the December Revenue/Expenditure Report as presented. Stalberger seconded the motion. All voted aye. The Council accepted the Public Works Report as presented. Tim Guimont reported on the three 72" front -mount mowers he had tried out. All of the mowers have diesel engines and are 4-wheel drive. Tim feels the ALBERTVILLE CITY COUNCIL February 1, 1999 Page 2 of 4 Toro mower did the best job in cutting and is overall the best of the three mowers. He recommended the Council purchase the Toro mower at a cost of $16,028. Tim further explained the balance of the $20,000 set aside for the mower purchase could be used to purchase a trailer. Stalberger made a motion approving the purchase of the Toro mower at a cost of $16,028, and, further, to authorize Tim to proceed to get prices on a trailer. Gundersen seconded the motion. All voted aye. Tim was directed to contact Rick Patzner of the STMA Youth Hockey Association to discuss week -end opening and closing of the park shelter. City Engineer Pete Carlson explained that the plans and specs for 57t' Street NE are completed and are ready to go out to bid. Cascade II Land Co. has requested that Lambert Avenue be constructed though the Albertville Crossings plat as a 429 pro�ect. The developers also want a six foot concrete sidewalk on the south side of 57 Street vs. a bituminous trail. 57t' Street is designed as a 44-wide, 9-ton collector street. The street widens at the County Road 19 intersection with a concrete median. Estimated cost of the project is $350,000, however that cost could be higher if fill is needed to be hauled in. Berning made a motion to approve the inclusion of Lambert Avenue into the 57"' Street construction project under the 429 statutes as requested by Cascade II Land Company. Stalberger seconded the motion. All voted aye. Carlson presented the first draft of the Greenhaven Drainage Project agreement for the maintenance of the downstream area. The agreement has been drafted between the Cities of Albertville, St. Michael and Otsego rather than with individual property owners. There are a total of 550 acres of land draining through the unnamed ditch, of which 110 acres (about 20%) are in the City of Albertville. Carlson was directed to draft the agreement with a dollar amount limitation on a yearly basis for maintenance of the ditch. He will draft the language for presentation at the next Council meeting. ALBERTVILLE CITY COUNCIL February 1,1999 Page 3 of 4 Carlson reported that the feasibility study for the lift station along County Road 18 has been put on hold at his time because the potential development on the south side of CSAH 18 has been postponed at this time. Vetsch made a motion to approve the addition of a street light at the intersection of Kalland Avenue NE and the private road into the rental units of the Cottages of Albertville. Stalberger seconded the motion. All voted aye. The Council discussed the options for having a design/development document prepared for bidding the construction of the new fire hall. Pete Carlson explained that since the merger of the S.E.H. and RCM firms, the firm has the capacity to prepare the design/development stage plan for the fire hall. The plan would take about one month to complete, depending upon how timely meetings with the fire department can be arranged. The cost would not exceed $9,000. Gundersen made a motion to authorize S.E.H. to prepare design/development stage plans for a new fire hall at a not -to -exceed cost of $9,000. Stalberger seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE #1999-1 titled THE AMENDMENT OF THE ALBERTVILLE ZONING ORDINANCE (ORDINANCE #1998-12). Gundersen seconded the motion. All voted aye. Vetsch made a motion to adopt ORDINANCE #1999-2 titled AN ORDINANCE REGULATING THERAPEUTIC MASSAGE. Gundersen seconded the motion. All voted aye. Vetsch made a motion to approve City membership in the Economic Development Partnership of Wright County at a cost of $500. Gundersen seconded the motion. All voted aye. Councilmember Vetsch reported that the $250,000 Mighty Ducks grant to the STMA Ice Arena has been received. The ice arena is approximately $100,000 short in their fund raising attempts. Costs have been higher than projected due to the upgrading the building, with the addition of the sprinkler system to allow the building to be used year-round and concrete flooring. There were also additional expenditures for drainage. All in all, the arena is approximately $250,000 over budget. ALBERTVILLE CITY COUNCIL February 1,1999 Page 4 of 4 Vetsch made a motion to request the STMA Ice Arena Board repay the $83,000+ short-term loan as originally agreed upon. Gundersen seconded the motion. All voted aye. Mayor Olson adjourned the meeting at 8:35 PM. John A. Olson, Mayor Linda Goeb, Administrator -Clerk i {t } I I I 46 A s (612) 497 3384 Fax: (612) 497-3210 The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany_ this application. 1. Name of Applicant: 4Lazriwzz 2. Name and Add ess of President and Secretary of Applicant: 3. Purpose for which funds derived will be used: ST- 11VrcNA-r-to A� � A:Za IIIAA - ;� ihk h Et &--SS 4. Date of activity: 3�a �/ S5; 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: W acle7 zcF PfF2rsk ,4Lt_ 6. Hours of operation: �6 00Tm Id'�l3n�rskr 7. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: L7 lj,4'w".. .tZct-YL 118'5a 6?"Q s Date: Si gnaur Ap Z cant (s )/"_51^ I c Minnesota Lawful Gambling Application to Conduct Excluded Bingo - LG240B ff your organization has been pcensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Orcanization Information Organization Name Church Of St. Albert Street 11400 57th Street N.E. — P.O. Box 127 City S'tate1zip Albertville, MN 55301 Type of nonprofit organization (check one): ❑ Fraternal ❑ veteran Q Religious ❑ Other nor im* organization Listed in Minnesota Ca h ' Directory Type of proof of nonprofit - atbcn a CM (see M : ❑ Comte of Good Secretary of States Office ❑ Internal Revenue Service Affiliate of Parent nonprofit orgenbration (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? No X Yes If yes, list the dates that bingo was conducted Check one: ® The bingo event will be one of four or fewer bingo events your organization will hold this year. Date(s) of bingo event March 14, 1999 -OR. The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair - Date(s) of bingo evert State Fair Date(s) of bingo evert Civic Celebration - Date(s) of bingoevent Name of the person in charge of the bingo event Daytime Phone Andrew Merges (612 ) 497-2543 Promises Where Excluded Bingo Will Be Conducted Name of Premises St. Albert Parish Center Street Address 11458 57th Street N.E. city County ANC' Township , Albertville Wright Be sure to complete page 2 r-age , of 2/98 I. C Page 2 of 2 .r Application to Conduct Excluded Bingo - LG240B 2M Organization Name Church Of St. Albert • Chi4f Fwacutivra Officer's Sionatura The information provided in this application is complete and accurate to the best of n y knowledge. Chief Executive Officer's srgnarime 4�nr�lGdl � Y�t'r�r��n Name (please print) DateQ// Local Unit of Government Acknowledgment and Approval On behalf of the city, I hereby approve this application for excluded bingo activity at the premises located within the c ity's jurisdiction. Print name of city Signature of city personnel receiving application Tide For the township* On behalf of the township, acknowledge that the organization is applying for excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Signature of township official acknowledging application Tide For the county: On behalf of the county, I hereby approve this application for excluded bingo activity at Print name of county the premises located within the county's jurisdiction. (Signature of county Personnel receiving application) Title Date / / Mjail Annlientinn and Attachment(s) Send the completed applicaWn and a copy of your proof of nonprofit status at least 30 days prior to the activity date to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 56113 If your application is denied by the local unit of government, do not send the application to the Gambling Control Board. kcknowledgment of Gambling control Boars You request to conduct excluded bird has been received and is acknowledged by the Gambling Control Board. Acknowledged by Ucensing Specialist Date / / Questions? Call the Ucensing Section of the Gambling Control Board at (612) 6394000. If you use a m, you Can,Carr the troara by using the Minnesota Relay Service at 14X0.627-3W9 and ask to plane a tali to (612) 639-4000. This form will be made available in alternative format (i.e. large print, Braille) upon request The information requested on this Norm will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. K NTY C� O GERALD E. KRITZECH #dl Wright County Assessor 2 Wright County Government Center m 10 2nd Street N.W. • Room 240 2 Buffalo, Minnesota 55313-1183- 0 Phone: (612) 682-7367 / (612) 682.7368 4y FAX: (612) 682-6178 7$WS February 4, 1999 Garrison L. Hale Albertville City Administrator 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301 RE: 1999 Local Board of Review Dear Mr. Hale: t0 The 1999 Albertville City Board of Review has been tentatively set for Monday, May at 7:00 p.m. If this date will not work for you please let me know before February 15, 1999. If you have any questions, please feel free to contact me. Sincerely, Gerald E. Kritzeck Wright County Assessor GEK/rt Equal Opportunity / Affirmative Action Employer I f J Bresnan Communications 709 Westchester Avenue White Plains, NY 10604-3023 914 993 6600 1 914 993 6601 fax January 29, 1999 Mr. Mark Olsen, Mayor City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301 Dear Mr. Olsen: BRESNAN We are very pleased to inform you that Bresnan Communications Company Limited Partnership ("Bresnan") and Cable TV Fund 14-A doing business as Jones Intercable, Inc. ("Jones") have reached an agreement whereby Bresnan will acquire substantially all of the assets of Jones, including its cable television systems in Minnesota (the "Asset Purchase Transaction'). Bresnan will be internally reorganized and, as a result, its operations will be conducted through its subsidiary, Bresnan Telecommunications Company LLC. A newly formed entity, BCI (USA), LLC, an affiliate of Bresnan will be responsible for the management of the cable television systems currently operated by Bresnan and the cable television systems to be contributed by Jones (collectively the "Systems"). Because Bresnan currently operates in adjacent geographic areas, this combination of Systems will provide the opportunity to maximize service, delivery, and quality to the benefit of the subscribers. Bresnan and Jones are extremely excited about the benefits that this combination will provide to their subscribers, employees, and investors. In today's atmosphere of robust competition, it is vital that cable television operators offer competitive products at fair prices while using the newest technology to deliver the highest quality customer service, enhance customer choice, and improve system reliability. This combination of Systems will create a stronger Bresnan entity with greater access to funding for system improvements and capital expenditures. Bresnan is an industry leader and was founded in 1984 by William J. Bresnan, then president of one of the largest cable operators in the U.S. and an industry pioneer who played a key role in the country's first satellite transmission and first fiber optic communications system Today the cable television and telecommunications company serves some 215,000 customers in some 220 communities in the U.S. Bresnan is deeply committed to ensuring that its subscribers have Mr. Mark Olsen, Mayor January 29, 1999 Page 2 access to advanced technology and programming services with approximately 87% of Bresnan's subscribers being served by hybrid fiber coaxial technology. Affiliates of Bresnan are also active in various international markets and hold interests in partnerships providing cable, telephone, and high-speed data communications services to over a quarter million customers in Poland. As this Asset Purchase Transaction affects the cable system serving your community, we are seeking your consent to the Asset Purchase Transaction and various internal restructurings and have attached a resolution granting the requested consent for your review. (See Exhibit 10.) We have attached the information specified under federal and state law to facilitate your consideration of this request. The closing of this Asset Purchase Transaction is expected to occur during the month of February, 1999. Consequently, we are requesting your prompt attention to this matter and your consent thereto. Should you have any questions or comments, please call Robert Bresnan, Esq. of Bresnan at 914-993-6635 or Jane E. Bremer, Esq. at 612-896-3297. We look forward to working cooperatively with you to address your questions during the transfer process and to insure a smooth transition. Thank you for your assistance and cooperation. Sincerely, Robert Bresnan Vice President and General Counsel cc: Robert Bresnan, Esq. Peter Bernbaum, Esq. Scott O'Donnell, Esq. 0461926.01 RESOLUTION NO. 1999-5 A RESOLUTION APPROVING THE TRANSFER OF THE CITY OF ALBERTVILLE CABLE TELEVISION FRANCHISE BY CABLE TV FUND 14-A, LTD. TO BRESNAN TELECOMMUNICATIONS COMPANY LLC AND WAIVING THE RIGHT OF FIRST REFUSAL TO PURCHASE THE CABLE TELEVISION SYSTEM WHEREAS, the City of Albertville, Minnesota (the "Franchise Authority') granted to Rite Cable Company of Minnesota, Ltd. a cable television franchise/extension, permit to construct, own operate and maintain a cable television system in the City of Albertville (the "Franchise"); and WHEREAS, by Resolution the Franchise Authority authorized the assignment and transfer of the Franchise to Jones Intercable, Inc. ("JIC"), and subsequently, amended the Franchise to include one or more of JIC's controlled affiliates as the "Grantee" under the Franchise; and WHEREAS, JIC transferred the Franchise to its affiliate, Cable TV Fund 14-A, Ltd. (the "Fund"), as the new Grantee; and WHEREAS, the Fund has agreed to sell the cable television system serving the Franchise Authority (the "System'), including the Franchise, to Bresnan Communications Company Limited Partnership {"Bresnan'), and Bresnan has agreed to purchase the System, including the Franchise, from the Fund; and WHEREAS, Bresnan will transfer ownership and control of the System and the Franchise to Bresnan Telecommunications Company, LLC ("BTCLLC') (Transferee'); NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ALBERTVILLE, MINNESOTA: 1. The Franchise Authority hereby consents to the transfer of the Franchise and the System from the Fund to Bresnan and, subsequently, to Bresnan Telecommunications Company LLC (the "Transaction). 2. The Franchise Authority acknowledges that its consent to the Transaction shall be effective upon the closing of the sale of the System by the Fund to Bresnan. Written notice of the closing date shall be given to the Franchise Authority. 3. The Franchise Authority hereby confirms that: (i) the Franchise is currently in full force and effect; (ii) the Fund is in compliance in all material respects with the Franchise; and (iii) no event has occurred or exists which would permit the Franchise Authority to revoke or terminate the Franchise. 4. The Franchise Authority hereby waives any right it may have by statute, l franchise or otherwise to purchase the System in respect of the sale of the System referred to herein. 5. Franchising Authority hereby consents to and approves the assignment, mortgage, pledge or other encumbrance, if any, of the Franchise, System, or assets relating thereto, or the interests in the permitted holder thereof, as collateral for a loan. Adopted by the City of Albertville, Minnesota on . 1999. By: Mayor The undersigned, being the duly appointed, qualified, and acting Clerk of the City of Albertville, hereby certifiesforegoing that the fore oin Resolution No. is a true, correct, and accurate copy of Resolution No. duly and lawfully passed and adopted by the City of Albertvilleon the day of .1999. Clerk 0462230.01 2. TO: City Comwil FROM: Tim Guim+orit DATE: February 11,1999 • The new i:..i lawn mower has re...t ordered. t,.a ► be availatilefor delivery mid- i • The a i to r ice rink has ► e.iiclosed as of ► ► It will be i a to t,_ r weather permits. r i t • The bm-,h fivm the Clreenha:ven project has been hauled ;.a a the compostand burned. +i • The City Hall commons area ul ► Lin(Ws office 1.5s been repamted. • Most .a basins aroundtown e have been cleared of snow and plan to beginsome - {1 f'or rq r:(replacing a ti 1.' exterior1 t boards, to the old city hall building as time permits. ..t in the processof getting prices on 1e conshuction of pole :i. for t ►storage behind the maintenance department addition to kftpmg the • out of elements,the building =a be - ofan eyesoreto the busmesses located adjacent i 0 Page 1 r 02/10/99 18:33 'FAX 13202518760 SEH ST. CLOUD a►; ALBERTVILLE 04 M. SM91 A If Ai. 1r $` : m I N 111K Vs AN- mo I � w rti y s :l �# a I lot i NOW a VAR a" ML . m IM OAK= PARK w u &IERMLL WOMSOTA �+�-.-�.......w - -i W r 02/10/99 10:36 FAX 13202518760 SEH ST. CLOUD 444 ALBERTVILLE,CITY IM003/004 .. ........ j ... 4. I . , is Af Is q *8 KWW COW 0 0 lo I" 11M QAXM PAN AM ftxwffv"mvAwwrA Bra 02/10/99 19:37 FAX 13202518760 a J ' SEH ST. CLOUD a-.- ALBERTVI 1—i � C-L in A, 02i10/99 16:36 FAX 13202518760 SER ST. CLOUD ALBERTVILLE C11 f.f S Cr/ f i In the event there is downstream flooding, the City of AlbwtviHe will cooperaWparticipate in deterraining the causes of the downstreaam flooding. if it is determined that the downstream flooding is caused by excessive storm water flow from the City of Albertville, the City of Albertville will endeavor to reduce the rate of storm water flow. 1 UNNAMED DITCH AGREEMENT THIS AGREEMENT, is entered into on this day, , 1999, by and between the City of Otsego, hereinafter referred to as "Otsego', the City of St. Michael, hereinafter referred to as "St. Michael, and the City of Albertville, hereinafter referred to as "Albertville".: WITNESSETH: WHEREAS, the unnamed ditch flows through and serves as a surface water drainage basin for Albertville, St. Michael, and Otsego; and WHBREAS, It is in the interest of all parties to maintain the unnamed ditch. NOW, THEREFORE, the parties hereto agree as follows: 1. P_umose ad Pam. The purpose of this Agreement is to develop a cooperative procedure for Otsego, St. Michael, and Albertville to prepare and implement a plan for the maintenance of the unnamed ditch from its upstream beginning at the eastern cooperate limits of Albertville situated approximately miles downstream as indicated on the attached map. 2. P1A EM2 t�ion, Within ninety (90) days following the effective date of this Agreement, the unnamed ditch Authority (Authority), as described in paragraph 3, shall prepare a Plan for 1 January 20, 1999 the repairing and maintaining of the unnamed ditching upstream from (the "Creek Plan"), The Plan shall include the following: 2.1 Determine the regulations and extent of repair allowed by applicable regulatory agencies including the DNR, BWMR, Corps. Of Engineers, and SWD. The engineers from all of the cities (the Engineers) will meet jointly with the appropriate regulatory representatives. ` 2.2 On identifyingthe extent of an allowed repair, a field survey of existing conditions shall be completed to determine the necessary clean out and repairs required. The Engineers will provide that survey in their respective cities with concurrence by the other City. Existing structures will be reviewed for hydrologic and structural integrity. 2.3 The hydrology of the watershed will be reviewed to determine flow capacity for Ditch cross sections and profile. Each city shall be responsible for reviewing its portion of the watershed. 2.4 Cost estimates will be included in the Ditch Plan for the repairs and any other associated expenses and identified as common costs. Engineering costs to prepare the Ditch Plan and costs associated with public hearings, preparing plans and specifications for construction services for the trunk repair and clean-up only shall 2 January 20, 1999' be considered common costs. Repairs will be made only to the Ditch unless by mutual agreement of the Authority, other watershed ditch and upgrading of structures are considered necessary for repair. 2.5 Perpetual easements over the unnamed ditch shall be secured by respective members. 3. Plan Ado fjon AggCpmm. and Amendment The Ditch Plan shall be prepared cooperatively by the Engineers; the Engineers must jointly approve the Ditch Plan. Following their approval, the Ditch Plan will be presented to the Authority for review and approval. The Authority shall be composed of one council person from each of the members. The Engineers shall provide assistance to the committee. The Ditch Plan may be amended annually. 4. Perform n= of Work. Following Plan review and adoption, each member of the Authority shall arrange for and administer the implementation of the Ditch Plan. The members shall perform all work necessary in their respective jurisdiction. Contracts for the performance of tasks and improvements shall be noticed and awarded in accordance with applicable statutory requirements as necessary. Work included in the Ditch Plan may be performed by the owners of land tributary to the Ditch and such services shall be subject to reimbursement in accordance with the Ditch Plan. All permits necessary for the performance of the work shall be secured by Authority. 5. in c tion and Review. Any member of the Authority may review and inspect any and all 3 January 20, 1999 work, services, and activities undertaken pursuant to the Plan, and may inspect and audit books and records relating to plan implementation. If any discrepancies or inefficiencies are noted, the Authority shall work out their differences. 6. Cost Allocation: The common casts for preparing and implementing the Ditch Plan, shall be allocated to and paid by the parties on the basis of the following: 6.1 The payment for common costs shall be determined by the use of a hydrological based formula, which determines the proportionate flow contribution to the Ditch volume from all members. 7. C= ReimIxiMMOL Within sixty (60) days following implementation of the Ditch repair program, pursuant to the Ditch Plan, Authority shall transmit a statement to each member detailing the common costs which have been incurred in preparing the repair plan and performing the repair work provided in the Plan. Each members shall pay its portion of the common costs of the project within thirty (30) days following receipt of the statement. 8. Maintenance. An annual inspection of the condition of trunk facilities will be made with a report to the Authority. Annual reports on the developments in the respective areas of the watershed shall be prepared and presented to the Authority. The inspection report and improvement report will be prepared two weeks in advance of the annual meeting of the Authority. Annual Ming date and time should be the last Wednesday in October at 8:00 IM 4 January 20, 1999 9. Denos�. Authority shall establish an account in a state or national bank authorized to receive deposits of public monies to act as a depository for the funds budgeted for the Ditch Plan. The Authority may act to disburse monies from this account on the authorization and signature of one: council member from each member. 10. Qfts: C=ts. or Cats. The Authority within the scope of this Agreement, accept gifts, apply for an use grants or loans or other property from the United States, the State of Minnesota, or its departments or agencies, Wright County, or any person or entity for the purposes described herein The Authority may enter into any reasonable agreement required in connection therewith. The Authority shall comply with all laws and regulations applicable thereto, and may hold, use, and dispose of such money or property in accordance with the terms of the gift, grant, loan, or agreement relating thereto. On or before of each year, the Authority shall submit an accounting of the monies expended from the Ditch Plan fund to the member for review. This report shall include the following: a. The financial condition of the fund; b. The status of all projects and work pursuant to the Ditch Plan; C. The business transacted through the fund and any other matters which affect the interests of the member in the Ditch Plan. 5 January 20, 1999 12. EMjUM. The Authority hereby agrees to use their best efforts to secure Wright County's participation in the Stream Maintenance Program of the Minnesota Department of Natural Resources established pursuant to Minnesota Statutes 103G.701. Any money secured from this program shall be used to reduce the costs of the members of performing the Ditch Plan. 13. Duration and JaMgnation. This Agreement shall remain in force and effect continuously from its effective date until the members formally terminate the Agreement. This Agreement may be terminated only by approval of majority vote of the governing bodies of each of the members hereto, provided that the approvals all occur within a ninety (90) day period. 14. Amepd Amendments to this Agreement. may be made only by written instrument executed by the parties hereto. 15. EffCgfi.ve DM, This Agreement shall be in force and effect following its execution by authorized representatives of all of the members hereto. A certified copy of the Agreement shall be maintained by the City Clerk's of all members. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed. Z January 20, 1999 Approved by the City Council City of Otsego --.1999 By Mayor By Clerk Approved by the City Council City of Albertville ,1999 By Council By Mayor Approved by the City Council City of St. Michael _, 1999 By Council By Mayor ,:VW-*20*-99.VTd 7 January 20, 1999 MA /'% NORTHWEST ASSOCIATED CONSULTANTS MT COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Brad Digre / Daniel Licht DATE: 13 January 1999 RE: Albertville - Center Oaks 4th Addition final Plat FILE: 163.06 - 99.02 BACKGROUND Pilot Land Development Company has requested final plat approval for the subdivision of 33 single family lots. The plat named Center Oaks Fourth Addition, is located immediately south and west of Center Oaks 3rd Addition and is dissected by Kahler Drive. The subdivision constitutes the fourth and last phase of the previously approved Center Oaks preliminaryplat. The original preliminary plat received City Council approval in June of 1997. The subject property has been rezoned from R-1A, Low Density Single Family to Planned Unit Development. Attached for reference: Exhibit A - Site Location Exhibit B - Approved Preliminary Plat Exhibit C - Final Plat ISSUES ANALYSIS Consistency with Preliminary Plat. With two exceptions, the submitted final plat is identical to the previously approved preliminary plat. Specifically the following changes have been made from the previously approved preliminary plat. 1. The side and rear lot lines of Lot 15, Block 4 have been reconfigured. The realignment is more consistent with other lots and meets required setbacks and minimum lot area. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 61 2-595-9636 FAX 61 2-595-9837 E-MAIL NAC: WINTERNET.COM 2. Two lot line adjustments were made in order to provide for two separate trail accesses. The adjustments are each 10 feet wide and are platted as park area. The park area located between Block 1, Lot 6 and Block 2, Lot i was created utilizing 10 feet from Block 2, Lot 1. The park area located between Block 2, Lot 8 and Block 3, Lot 1 was created utilizing 5 feet from each lot. The park areas of each are 1,499 and 1,766 square feet respectively for a total park area of 3,265 square feet. Streets. No changes to the street layout depicted on the approved preliminary plat have been proposed. Lot Area. All lot areas including the modified lots detailed above meet the minimum 15,000 square feet of land. Lot Width. In the originally approved preliminary plat, lots vary in width from 75 feet to 155 feet as measured at the designated (varying) building setback line. The modified lots fall within this pre -approved range. Setbacks. Setbacks have been set as shown on the plat. The altered lots (detailed above) have revised setbacks and pose no concerns for placing a building on the lot. All lots maintain a minimum 30 foot front yard set back which is consistent with preliminary plat approval. Trails. The two trail accesses meet the Subdivision Ordinance Section A-600.3.b requirements for ten (10) foot wide pedestrian rights -of -way. It is suggested that the trails be constructed before the homes so that area residents become aware of the new public access areas. Developers Agreement. As a condition of final plat approval, the applicant will be required to enter into a development agreement with the City and post all the necessary securities required by it. This issue should be subject to further comment by the City Attorney. RECOMMENDATION The proposed Center Oaks 4th Addition final plat is consistent with the approved preliminary plat and conditions of said approval. Based on the preceding review, our office recommends approval of the Center Oaks 4th Addition final plat subject to the following conditions: 1. The applicants enter into a development agreement with the City and post all the necessary securities required by it. This issue should be subject to further comment by the City Attorney. 2. The City Council reserves the right to allocate wastewater treatment plant capacity I. . in a manner it believes to be in the public's best interest. This issue shall be subject to City Attorney review and inclusion within the Development Agreement. 3. Comments of other City staff. pc: Linda Houghton Mike Couri Peter Carbon Don Jensen Scott Dahlke L ' r CITY OF ALBERTVILLE City Council Findings of Fact & Decision Applicants Name: Center Oaks, Pilot Development Company Request: Pilot Development Company has submitted a Final Plat for Center Oaks Fourth Addition. The final plat involves the subdivision of 33 single family lots. The subdivision constitutes the fourth and last phase of the previously approved Center Oaks preliminary plat. The property is zoned Planned Unit Development. City Council Meeting Date: 2 February 1999 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following findings of fact and recommendation: 1. The legal description of the subject property is attached. 2. The Planning Report dated 13 January 1999, prepared by NAC, Inc. is incorporated herein. Recommendation: Based on the foregoing considerations and applicable ordinances, the Center Oaks Fourth Addition Final Plat has been approved based on the most current plans and information received to date, subject to the following conditions: 1. The applicants enter into a development agreement with the City and post all the necessary securities required by it. 2. The City Council reserves the right to allocate wastewater treatment plant capacity in a manner it believes to be in the public's best interest. 3. Comments of other City staff. Adopted by the Albertville Planning Commission this 2nd day of February 1999. City of Albertville By: - Howard Larson, Chair Attest: Linda Goeb, City Clerk PC: Linda Houghton, Mike Couri, Peter Carlson, Don Jensen, Scott Dahlke C-N b Q iI 1ii,4.1 3 A cc 1/1 00 Z/j S OW as vN A—qow 03 14. -A' CL 4 'TP5 . tn Ct till cc w o" L'i L-j cc 2, 10.0 N o- , t t i R N QL I - j CQL: 11-0,) U) pA Jay. -o ,z ik ou T ah 444 4 41 is e3dd R451 -- ------ - ------ --- - : k;; ......... bt ib%k -Nr.-biNG.%Fbf,*Q1%Ak4 3k c,y A 14 It N • �0% % ".6 AN 0 . - -p 7. '41 k F, X1 .6 A. 4, X11— DMIVA 31 1>o IF- PF 'dr im In 1AW ISO, V ev /* 101-3 1 Jf 4k --.00 4kt eq --s 16 0/1 -W a" 00 Vs s ow io ow Isom jr . As. 0 Ar z -S 16 0/1 Ms &W to IA MN -w so out off" TS 4 ell q AV" OMM * WMW o"no-mot V & a x a R 'a of $% p p I 12 IL 6 Cc LJL Ax - ��, g g � 8 i I rt,gg �\ � odd �' nn, � - - - — - :°i� s: �; � '•,--_ — J � ,_ � 1` °° Drnu � Pam'-� �riz�r •�e � :� I W R�, try;�� 41 � ��•••• i 1 rY, �' �, p•••q\U �e��'d�% ��z ►' r �I�rz"1 ,L;'� N'- mii. _ — '� I — i you D�aro !1 -- 1� �?� �,rt�,'4•r bl s�!'• :;(V �� , r ay' - � �� T' _ _ � - ^ I 00 lk ,SAL •• s a1 9 N f r$'� • "r•� o i �" _ h _ of N / �p • .r••• 3 �•_.� a N ol Liz�� No W7 o1 N .00.00i0 N ! Jfl9.o0 K h raw --a r • s• 1 F 655a0 1lPy11111Q I�QIIIII hl 1 �11 r a 88888888888888888 8 88888888888 g 8 WON k�NsaestS�V�rgbbg�da=i:8 aa:gsagaaa88 Sb3cTa$�88bs&s`GSGSGSG'$ 86$ CITY OF ALBERTVILLE RESOLUTION # 1999-6 A RESOLUTION ESTABLISHING LICENSE FEES FOR THERAPUETIC MASSAGE ENTERPRISES AND MASSAGE THERAPISTS WHE AS, the Albertville City Council is desirous of establishing a license fee fo therapeutic massage enterprises and massage therapists, and: WHE AS, the Albertville City Council has determined that the license fee shall be contained herein and in accordance with Ordinance # 1999-2 (An Ordinance Regulating Therapeutic Massage). NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby establishes the license fees follows: LICENSE SCHEDULE Therapeutic Massage Enterprise $300 per year Therapeutic Massage Therapist $ 50 per year ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 16th DAY OF FEBRUARY,1999. John A. Olson, Mayor Linda Goeb, Administri r. v 1 CITY OF ALBERTVILLE RESOLUTION #1999-7 A RESOLUTION APPOINTING PATRICIA GL THE POSITION OF SECRETARY/DEPUTY se (it) fi7 WHEREAS, the City Council of the City of Albertville is (,desirous of hiring a qualified individual for the position of Secretary/Deputy Clerk and WHEREAS, advertisements seeking applicants for the Position of Secretary/Deputy Clerk were placed, all applications were screened,, interviews with seven of the most qualified applicants were conducted, and each candidate was rated. NOW, THEREFORE, BE IT RESOLVED, the City Council) of the City of Albertville hereby approves the hiring of Patricia Gilliam for the position of Secretary/Deputy Clerk effective February 16, 1999, at a starting wag, of $11.00 per hour. ADOPTED BY THE CITY COUNCIL OF THE CITY OF THIS 16TH DAY OF FEBRUARY 1999. John A. Olson, Mayor Linda Goeb Adminis I'ator-Clerk