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2000-02-22 CC Agenda PacketALBERTVILLE CITY COUNCIL AGENDA February 22, 2000 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES ❑ January 22, 2000, regular City Council Meeting 3. CITIZEN FORUM - Rio Minute Limit) 4. CONSENT AGENDA a. Approve payment of Check #'s 12747 —12794 b. Approve 3.2 Liquor License for the Albertville Jaycees on March 25, 2000, at St. Albert's Parish Center c. Schedule Board of Review hearing for Wednesday, May 17, 2000, at 7:00 PM 5. DEPARTMENT BUSINESS a. Public Works (1) Street and Parks Department Report (2) Water and Wastewater Department Reports b. Planning & Zoning (1) Kollville Estates — Request to Table • Preliminary Plat • CUP/PUD (2) Mooney Addition • Final Plat c. Engineering (1) Snow Guards on Fire Hall roof (2) Review Fire Hall Change Orders #10 & #11 (tabled from last meeting) d. Legal (1) Park Dedication Fee for Savitski property e. Administration (1) Request from STMA Ice Arena Board to continue to plow parking lot (2) Requests for Sign Ordinance revisions (3) Strategic Planning Session items for discussion (4) Invitation to tour Liberty on the Lakes, a neighborhood development in Stillwater, MN, on Saturday, February 26 starting at 8:00 AM (5) Schedule joint meeting with the City of Otsego for Thursday, March 9th at 7:00 PM 6. ADJOURNMENT ALBERTVILLE CITY COUNCIL o2wo February 7, 2000 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Gary McCormack, Keith Franklin , and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, and City Administrator -Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 5e(4) — Park Shelter Tables • Add Item 5e(5) — Strategic Planning meeting Gundersen made a motion to approve the agenda as amended. Franklin seconded the motion. All voted aye. The minutes of the January 18, 2000, were amended on Page 2 to indicate that the Council requires berming in the park area of the Albertville Villas project to separate the park from the residential lots. Franklin made a motion to approve the minutes as amended. McCormack seconded the motion. All voted aye. Mayor Olson asked if anyone present wished to address the Council. Bill Dwinnel asked the Council about building a garage on a lot he may purchase in the Greenhaven Estates Addition. The Council advised Dwinnel to meet with staff to discuss the rules regarding accessory buildings. Gundersen made a motion to approve payment of Check #'s 12696 — 12724 and Check #'s 12726 - 12737 as presented. McCormack seconded the motion. All voted aye. Gundersen made a motion to adopt RESOLUTION #2000-6 titled A RESOLUTION APPROVING A ONE DAY, OFF -SITE GAMBLING LICENSE FOR THE ALBERTVILLE LIONS. McCormack seconded the motion. All voted aye. The Council reviewed the proposal from Safety Train, Inc., for providing safety training, a safety walk-through and a written safety manual for the City of Albertville at a cost of $1,223 for each of the first two years of the program. Susan Pearson, representing Safety Train, answered several questions from the Council regarding the ALBERTVILLE CITY COUNCIL February 7, 2000 Page 2 of 4 program. Administrator Goeb explained each department has budgeted funds for training that will cover the cost of the program. Franklin made a motion to accept the proposal from Safety Train, Inc. to provide training, walk-through and safety manual for the City of Albertville at a cost of $1,223 per year for two years. Vetsch seconded the motion. All voted aye. The Council reviewed the planning reports and the Planning Commission's Findings of Fact relating to the Kollville Estates. The proposed development consists of 131 townhomes on the 22.44 acres located in the northerly part of the Sylvester Kolles property. A CUP/PUD will be necessary to allow flexibility from the strict provisions of the Zoning Ordinance related to setbacks and building separation. The developer requested that if he is required to provide equipment for the two tot lots required by the Planning Commission, that credit be given toward his park dedication requirement for that expense. No central office is planned on the site. Rather, an off -site management company will be hired. The Council discussed the 20' setbacks that were approved by the Planning Commission. The Council concurred that the building should be setback further than the 20' minimum. The Council also asked to see a revised plat showing greater setbacks. The developer indicated that they may be unable to redesign the plat if they are forced to meet the 35' setback requirement. Gundersen made a motion to request staff prepare Findings of Fact for denial of the preliminary plat and CUP/PUD for the Council to consider at the next meeting. McCormack seconded the motion. All voted aye. City Engineer Pete Carlson reported that a 3' gravel shoulder was designed and constructed on the County Road 19 project. Wright County reviewed the plans prior to construction but did not notice that only 3' shoulders were being planned. County State Aid Highway standards require an 8' shoulder. The shoulder must be widened to meet the standard. Carlson did not have an estimate of the additional costs at this time, but he will keep the Council informed. City Attorney Couri reviewed the potential tax revenues from development of two lots on the City -owned industrial land north of the outlet mall. It is the consensus of the Council that the City will not have offer the property for sale and will not authorize an appraisal of the property. ALBERTVILLE CITY COUNCIL February 7, 2000 Page 3 of 4 The Council revisited the decision made at the last Council meeting to have City staff plow the Ice Arena's parking lot. After discussing the situation, Gundersen made a motion not to allow City personnel and equipment to plow the Ice Arena's parking lot. McCormack seconded the motion. Gundersen, McCormack and Olson voted aye. Franklin and Vetsch voted no. The motion carried. The Council reviewed the Change Orders for the fire hall building. Gundersen made a motion to table action on Change Order # 10 (extend water service as required by design change at an additional cost of $2,873.15) until the engineer/architect could provide more information at the next meeting on why the change was made. McCormack seconded the motion. All voted aye. Gundersen made a motion to table action on Change Order # 11 (extend completion date by 14 days due to delayed startup at an additional cost of $1,741.02) until more information is provided by the engineer/architect. McCormack seconded the motion. All voted aye. Vetsch made a motion to approve Change Order # 12 (addition of railing pipes on stairs for child safety at an additional cost of $5,524.87). Olson seconded the motion. All voted aye. Franklin made a motion to approve Change Order # 13 (Delete toilet partitions and add privacy locks for a deduct of $1,380.00). Gundersen seconded the motion. All voted aye. Franklin made a motion to approve Change Order 414 (Relocate main service transformer from front of building to side of building at an additional cost of $734.20). Gundersen seconded the motion. All voted aye/ The Council concurred to meet with the City of Otsego's full Council rather than on a committee basis to discuss joint issues and proposed a meeting date of March 7th. The administrator will contact Otsego regarding the meeting. The Council ordered an inventory of the number and condition of tables at the park shelter and directed the administrator to hold park damage deposit checks for 15 days after park rentals. The Council agreed to schedule a Strategic Planning meeting on Tuesday, February 291h at 7:00 PM. ALBERTVILLE CITY COUNCIL February 7, 2000 Page 4 of 4 McCormack made a motion to approve Check # 12725 as presented. Franklin seconded the motion. All voted aye. Franklin made a motion to adjourn at 9:50 PM. McCormack seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator CLAIMS FOR PAYMENT February 22, 2000 Check No. Vendor Purpose Amount 12747 Affordable Sanitation City Park $ 72.11 12748 Albertville Body & Fender Repair Tailgate $ 24.00 12749 Albertville Fire Relief Assoc. Final 1999 Contribution $ 2,493.00 12750 Allina Medical Group F. D. Physicals $ 584.00 12751 Aramark Uniform Service $ 104.88 12752 Buffalo Bituminous CR 19 Improvement Project $ 2,750.00 12753 CarQuest Monthly Charges $ 138.12 12754 Couri & MacArthur Legal Service $ 2,392.50 12755 Crow River Farm Equipment Tubing $ 28.76 12756 Davies Water Equipment Repair Clamp $ 236.43 12757 DJ's Total Home Care Monthly Charges $ 579.56 12758 Eggen's Gas & Supplies $ 270.65 12759 Electric Pump Roto Floats $ 124.40 12760 Federated Propane Propane for WWTF $ 568.52 12761 Fehn Excavating 57th Street Improvement $ 32,656.14 12762 Firstar Trust 1989 GO Refunding Bond $ 2,302.50 12763 Fraser Steel Tax Increment Return $ 20,913.03 12764 Goeb, Linda Mileage to Website Seminar $ 26.10 12765 Gopher State Locates $ 21.00 12766 Hardware Hank Supplies $ 10.21 12767 Harper Brooms FD & WWTF Supplies $ 337.11 12768 Jeff Hoglund Sign Lettering on FD Truck #6 $ 300.00 12769 Kennedy & Graven Legal Service - TIF #10 $ 1,287.00 12770 LMC Safety Workshop Registration $ 40.00 12771 Lierman, Kenneth FD Telephone Installation $ 1,440.00 12772 Medica Group Insurance $ 3,684.50 12773 MFAPC FD Membership Renewal $ 35.00 12774 Monticello Animal Control January $ 36.00 12775 NSP Monthly Service $ 5,225.47 12776 Northern Tool Supplies $ 59.59 CLAIMS FOR PAYMENT February 22, 2000 12777 NAC, Inc. Planning Services $ 5,567.35 12778 Olson & Sons Electric Repairs to Lift Station $ 466.47 12779 Pat's 66 Monthly Charges $ 194.87 12780 Pitney Bowes Postage Machine Lease $ 337.45 12781 Plaisted Companies Ice Control Sand $ 138.51 12782 Rogers Radiator Repair Hydraulic Sludge Pump $ 318.32 12783 Safety Train Training Services $ 1,223.00 12784 Sentry Systems Service Call - Park Shelter $ 35.00 12785 Shingobee Builders Pay Request #5 $ 90,841.57 12786 Sprint Long Distance Charges $ 49.46 12787 Sprint-UTS WWTF Telephone $ 29.17 12788 Stahl Construction Refund for Overpayments $ 1,718.20 12789 Superior Service Monthly Service $ 194.58 12790 US Bank 1993C Refunding Bond $ 22,410.00 12791 USA Blue Book Flags for locating $ 28.15 12792 USF - Eden Prairie Break Off Kits for Hydrants $ 551.36 12793 Vetsch Custom Cabinets Tax Increment Return $ 4,215.32 12794 Weber Oil Diesel Fuel $ 68.47 Total Bills $ 207,127.83 a N6 (612) 497-3384 Fax: (612) 497-3210 APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE 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: Rl„C�c'r✓�4 j L, 2. Name and Address of President and Secretary of Applicant: C'A�cIl A`aC.r.a /(acl T,Lt 3. Purpose for which funds' derived will be used: 4. Date of activity: 5. Premises from which non-intoxicating malt liquor will be dispensed on said date: h�zRc�r�z P4,e--r5L, 6. Hours of operation: cuAt2, � Ia.�U�A 7. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: /4956y-Gati� 5 i "O . A Date: �2// Signature Appl,' ant(s) p`)NTY 0. GERALD E. KRITZECK C Wright County Assessor m Wright County Government Center 00 O 10 2nd Street NW, Room 240 16, W Oh Buffalo, MN 55313-1183 dy Phone: (612) 682-7367 / (612) 682-7368 ?B55 FAX.- (612) 682-6178 February 3, 2000 David Lund Albertville City Administrator 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301 RE: 2000 Local Board of Review Dear Mr. Lund: The 2000 Albertville Board of Review has been tentatively set for Wednesday, May 17, 2000, at 7:00 p.m.. If this date will not work for you please let me know before February 15, 2000. 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 City of Albertville MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works DATE: February 18, 2000 SUBJECT: PUBLIC WORKS DEPARTMENT REPORT ♦ Public Works We received a long list of suggestions from Susan Pearson of Safety Train, Inc. to correct throughout the City. We have begun working on the list of items. ♦ Building I have been getting quotes for some new doors and openers for the Maintenance Bldg. We will work on them once the Fire Department moves to the new Fire and Recreation Bldg. ♦ Waste Water Things have been going well with John and the Treatment Plant. Ken and I have helped him when he needed it. ♦ Parks The skating rink is still open. We have been flooding it regularly. There still has been some vandalism to the warming house. On Saturday, February 5 the door was broken off its hinges. I have ordered some signs for the park that say "Smile — you're being video taped" as this has helped to stop vandalism in other cities. TG:bmm \\Second\network\My Documents\Public Works Repon\memo-PWorks 02-I8-OO.doc City of Albertville MEMORANDUM TO: Mayor and City Council FROM: John Middendorf, Water Department DATE: February 18, 2000 SUBJECT: WASTEWATER TREATMENT PLANT REPORT The locks have been changed on all lift stations. We installed Hasps - with locks on hatches on DJ's Lift. We installed Hasp and lock on main disconnection electric box at Industrial Park Lift. I started pumping Pond No. 3 at 23 gallons/minute on December 20, 1999. Two water main breaks occurred: ♦ one on 54th Street and Main Avenue ♦ one on 53`d Street and Main Avenue by a fire hydrant. Had two alarm calls on DJ's Lift Station: ♦ one on February 6 at night ♦ one on February 7 in the morning Had Olson's replace starter contacts on Pump No.2. Regarding the Stand-by pump: fixed the radiator, changed the oil and filter, changed fuel filter, overall clean-up to make sure everything in working condition. Working on the ice problem in clarifier. Installed heat lamps over scum box - have not had an alarm since. Installed metal plate in scum box for scums arm to ride over and not get caught. Test run generator, inspected overall condition of engine, generator and controls - looks good. Had a problem with the floats in Main Lift Station. Cleaned the floats, organized cord and chains, installed hooks for chains, the old hooks rusted off. Had three (3) meetings with Bob Sullentrop on the new WWTP. Weekly duties: inspect pond levels, odors, aerators working properly, purge bubblier at Industrial Park Lift Stations, add bacto-doce to DJ's Lift (for grease problem). Daily duties: Water and sewer locations, meter readings, check pump, check chemical feed rates, daily reading on pond(s) - gallons influent and effluent. 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O M O Q w Nd �c o a W. 3 nt o w w ad i I a ��IININY���IINWNI n�nu��nu ��uuni� o■i��iuuuun11111111111IF111111111111111 Big to rn F90M FAX NO. : 6126829492 Feb. 18 2001 MEYER ROHLIN, INC. 0 O ENGINEERS -LAND SURVEYORS 1111 Hwy, 25 N., 9uffa b, Minn. 55313 Fax 612-682-9492 Phone 612LSW-1781 1 ,600.5F3-1 T81 February 18, 200C City of Albertville Attn: Linda Goeb 5975 Main Avenue Albertville, MN 55301 Re: Kollville Estates Dear Linda, The developers of the above referenced project,: hereby request that the review of the project by the City Council be tabled at this time. We are in process of possibly amending the project as it is currently proposed. We will be contacting you in the near future to schedule a meeting with staff to review any amendments. If you have any questions or comments, please do not hesitate to contact me. Sincerely, MEYER-ROHLIN, INC. ��� a Scott Dahlke Professional Engineer cc: Ralph Munsterteiger Mike Leuer Chris Froelich Thore P. Mayer, Professional Engineer Robert Rohlln, Licensed Land Surveyor I NORTHWEST ASSOCIATED COI INC COMMUNITY PLANNING - DESIGN - MARK PLANNING REPORT TO: Albertville Mayor and City Council FROM: Deb Garross DATE: 16 February 2000 RE: Albertville - Mooney Addition Final Plat FILE NO: 163.06 — 00.03 BACKGROUND The application before the City Council is to consider the final plat of Mooney Addition submitted by Mooney Development Corporation. The preliminary plat of Mooney Addition was approved by the City Council on December 6, 1999. The final plat of Mooney Addition will result in the creation of two commercial lots located at the northwest corner of the County Road 19 (LaBeaux Avenue) and County Road 37 (65tn Street) intersection. A Conditional Use Permit (CUP) and Building Site Plans have already been approved for a Holiday Station Store/car wash to be located on Lot 1. The City has also received a CUP and Site Plan application for a Burger King fast food franchise to be located on Lot 2. Attachments: Exhibit A — Site Location Map Exhibit B — Draft Findings of Fact and Decision 6,w, 7.c4,,�� s�,,,M-P Exhibit C — Final Plat '- , ' - EXECUTIVE SUMMARY The applicant requests approval for the final plat of Mooney Addition. The requested approval requires that the City Council consider the application in relation to established Subdivision Ordinance review criteria and the approved preliminary plat. The decision to approve or deny the requested final plat is viewed as a policy decision to be made by the City Council. In the event that the plans are found to be acceptable by the City Council, it is recommended that the following conditions be imposed. 1. All grading, drainage, and utility plans are subject to review and approval of the City Engineer. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 E-MAIL NAC@ WINTERNET.COM 2. The NSP overhead utility lines shall be relocated prior to a building permit being issued for either Lot 1 or Lot 2. 3. The applicant enters into a development agreement with the City, indicating that the lot owner is responsible for parking lot restoration in the event the parking lot is disturbed as a result of utility improvements, maintenance, or repair. This agreement shall be subject to the review and approval of the City Attorney and shall be recorded with the property. 4. All requirements of the City Engineer regarding easement location, configuration and size, grading and drainage and utility plans are satisfied. 5. Park dedication requirements are satisfied and a required (10) foot trail is accommodated via construction within the right-of-way of CSAH 19, pursuant to approval of the City Engineer and Wright County. The bituminous trail shall be constructed to City standards and installed at the time the final layer of asphalt is laid over other parking/site areas. Any remaining park dedication is to be paid to the City as a cash dedication. 6. The developer shall submit a cost estimate for installation of the trail. Information consisting of a current appraisal or recent selling price of the subject site shall be submitted to the City for the purpose of determining the fair market value of the land and to calculate the park dedication fees for Mooney Addition. 7. All required driveway, utility, trail and other permits required by Wright County shall be obtained by the applicant. 8. The appropriate shared access (ingress/egress) agreements and/or easements are provided subject to review and acceptance by the City Attorney. 9. The final plat is amended to show the location of the 66-foot, public utility easement that exists in the right-of-way area of former 65th Street. 8. A current title opinion or commitment of title insurance shall be submitted acceptable to the City Attorney. 9. The developer shall provide the City with a reproducible copy of the recorded final plat, either chronoflex or its equivalent, and two (2) prints prior to issuance of a building permit for either lot. 10. All fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 11. The developer shall provide financial security for all applicable site improvements, acceptable to the City Engineer and City Attorney. 2 12. The final plat, developer's agreement and all pertinent documents must be filed with Wright County within 120 days from the date of City Council approval of the final plat. Failure to record the documents by June 21, 2000 will render the final plat null and void. 13. Any other conditions of the Planning Commission, City Council, City Attorney, City Engineer and/or other applicable agencies. Final Plat The final plat has been reviewed according to the requirements of the Subdivision Ordinance and the approved preliminary plat. The primary issues associated with the final plat concern drainage and utility easements. One of the conditions of preliminary plat was that the developer be responsible for relocating the overhead powerline located in the northern part of Lot 2. To assure that this condition is satisfied and to provide for the building envelope on Lot 2, this item has been identified as a condition to be satisfied prior to issuance of a building permit for either lot. A second issue concerning drainage and utility easements concerns the utilities located in the right-of-way area of former 65th Street. At the time the re -alignment of CSAH 37 was negotiated through the Darkenwald property, the City vacated 65th Street but retained an easement for utility purposes. The City is in the process of completing the documentation with Wright County associated with the utility easement. As a condition of final plat, the easement area is recommended to be shown on the final plat. A third drainage and utility issue concerns the drainage plan over Lot 2. The preliminary plat of Mooney Addition was approved with a concept plan for a fast food restaurant on Lot 2 and the drainage and utility easements were shown based upon the conceptual layout. Since the time of preliminary plat approval, Burger King has submitted a specific site plan that contemplates a different building footprint and parking lot -drive thru arrangement. The drainage and utility easements shown on Lot 2 have been revised from the preliminary plat to address the Burger King site plan. A secondary issue is that the future development of Lot 2 will likely show part of the parking lot extending within the City's drainage and utility easement. Buildings may not be constructed within utility easements, however, driveways and parking lots may extend into easements. It is important that there be an established agreement for Lot 2 indicating that improvements within drainage and utility easements are at risk of the property owner. In the event the parking lot is disturbed as a result of utility improvements, maintenance, or repair, the restoration of the parking lot and any other improvements will be the responsibility of the landowner. As a condition of final plat approval, it is recommended that an agreement concerning improvements within the City drainage and utility easement be incorporated into the development agreement and recorded with the property. Park Dedication: The final plat shows a 10-foot trail to be constructed within the right- of-way of CSAH 19. It is recommended that the developer install the trail at the same 3 time as the final layer of asphalt is installed for the site parking lot(s). The cost of the trail will be credited against the park dedication requirement (10% of fair market value of the land). It is recommended that the remaining park dedication be taken in the form of a cash dedication. RECOMMENDATION The final plat of Mooney Addition is in substantial compliance with the approved preliminary plat and as such is recommended for approval subject to the conditions outlined herein and in the draft Findings of Fact and Decision attached as Exhibit B. ACTION REQUESTED: A motion to approve, deny or conditionally approve the final plat. In the event that the City Council approves the final plat with conditions other than those identified herein, Staff should be directed to amend the Findings of Fact and Decision accordingly. PC Linda Goeb Pete Carlson Mike Couri Denise Johnson Alan Nations Mark Mooney Ell Am Zmii �- - W., a CITY OF ALBERTVILLE 2-22-00 City Council Findings of Fact & Decision Final Plat Applicant's Name: Mooney Development Corporation — Mooney Addition Final Plat Request: Mooney Development Corporation has submitted a final plat for a two lot commercial subdivision to be known as Mooney Addition. The subject site is a 2.49-acre parcel located northwest of the intersection of County Roads 19 and 37. A Conditional Use Permit and site plan have been approved for the development of a Holiday Station Store/Car Wash on Lot 1, Block 1, Mooney Addition. City Council Meeting Date: 22 February 2000 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is attached as Exhibit A. B. The final plat of Mooney Addition is in substantial compliance with the preliminary plat, which was approved on December 6, 1999. Decision: Based on the foregoing considerations and applicable ordinances, the final plat Mooney Addition is approved based on the most current plans and information received to date, subject to the following conditions: 1. All grading, drainage, and utility plans are subject to review and approval of the City Engineer. EXHIBIT B 1 Mooney Addition Final Plat Findings of Fact & Decision E 1 � 2. The NSP overhead utility lines shall be relocated prior to a building permit being issued for either Lot 1 or Lot 2. 3. The applicant enters into a development agreement with the City, indicating that the lot owner is responsible for parking lot restoration in the event the parking lot is disturbed as a result of utility improvements, maintenance, or repair. This agreement shall be subject to the review and approval of the City Attorney and shall be recorded with the property. 4. All requirements of the City Engineer regarding easement location, configuration and size, grading and drainage and utility plans are satisfied. 5. Park dedication requirements are satisfied and a required (10) foot trail is accommodated via construction within the right-of-way of CSAH 19, pursuant to approval of the City Engineer and Wright County. The bituminous trail shall be constructed to City standards and installed at the time the final layer of asphalt is laid over other parking/site areas. Any remaining park dedication is to be paid to the City as a cash dedication. 6. The developer shall submit a cost estimate for installation of the trail. Information consisting of a current appraisal or recent selling price of the subject site shall be submitted to the City for the purpose of determining the fair market value of the land and to calculate the park dedication fees for Mooney Addition. 7. All required driveway, utility, trail and other permits required by Wright County shall be obtained by the applicant. 8. The appropriate shared access (ingress/egress) agreements and/or easements are provided subject to review and acceptance by the City Attorney. 9. The final plat is amended to show the location of the 66-foot, public utility easement that exists in the right-of-way area of former 65th Street. 8. A current title opinion or commitment of title insurance shall be submitted acceptable to the City Attorney. 9. The developer shall provide the City with a reproducible copy of the recorded final plat, either chronoflex or its equivalent, and two (2) prints prior to issuance of a building permit for either lot. 10. All fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 11. The developer shall provide financial security for all applicable site improvements, acceptable to the City Engineer and City Attorney. 2 Mooney Addition Final Plat Findings of Fact & Decision 12. The final plat, developer's agreement and all pertinent documents must be filed with Wright County within 120 days from the date of City Council approval of the final plat. Failure to record the documents by June 21, 2000 will render the final plat null and void. 13. Any other conditions of the Planning Commission, City Council, City Attorney, City Engineer and/or other applicable agencies. Adopted by the Albertville City Council this 22nd day of February 2000. Attest: 0 City of Albertville A-- Linda Goeb, City Administrator John A. Olson, Mayor pc: Linda Goeb, Mike Couri, Pete Carlson, Kevin Mealhouse, Alan Nations, Mark Mooney 3 Mooney Addition Final Plat Findings of Fad & Decision EXHIBIT A LEGAL DESCRIPTION The Southeast Quarter of Section 35, Township 121, Range 24, Wright County, Minnesota, lying south of the south right of way line of the Burlington Northern Railroad and northeasterly of Wright County Highway Right of Way Plat No. 30, and northerly and westerly of Wright County Highway Right of Way Plat No. 34, according to the recorded plats thereof. 4 Mooney Addition Final Plat Findings of Fact & Decision mR O • \\ n°Z»O O o'a $ ao.3 g \ 33 o 31< ° o s-' a l�lt\ og o /\ 3 o ° iii.%iy AV iili r� ns n3 �� ,7 •9 , 3 / r` �4 CAI S00'16-24`E OS Z' \J� 2�-109.29 21L02 37 .Gi O r-- ' lee so �'.. 00 `6SC� �$ — — — — — — soo+0000c rlooroo 0o w f O ram/ /fig' /< b-3aAV 3 L ___1oa.ta_ it 8� / 11,ztf----SOO'o0-0o'91 W q 1 1 ,yam =06'g7'37" ROIT of WAY 190.80 PAAa max3i R=1374.65 NOt°03.1—WE 1/4 1if»)1/\I IT /\/\I IAIT\/ / 11/\I 'I" A \/ _ -_ — rrh1\Jrl1— \.iV VIv I I rL\Jr1 rrn I�»S:V Iles r..of t SE g. 4 RIGHT \J vw A\/ [)I AT — — — — Sea 35, AMP. 1Y7, Rqs. 2f RIGH VI At A 1 1 1. 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IrC. -uJ o N A O � p w cc ` z0 0 ist� M 4 xp�� Rq�S-of zyt zy � z " z zy j v i z� gip&s yz�.1p� $gS R7� oS _g Zn 9 d N S --ii -• C i �, .0 Z 13• ° n5' °i Z F �I Zi p(1�N.- ogppgg �OT,]. ! �J•C I ■ i v"Y» �1 (NO� 9 Q1PS O on mz >oO CA nmO•l�S"f l ,n • n Z m 0 ?A 3ZnH dm° Tl q- ° -I �J , r;<n noo,a sIlm Q.. rem $i sn zyi ny on R=»a3 n o ' oo ovv °cg °nas�'nore 3 Q 5� ;i 3'Y PE �o iS"p•3 .°.. �o �X a •'tu°p ° i I j aIl °a Sw idNo 3°i ^ �" 0 3° 8,�mn aSS" o' l qq o.. 39 ° -O ;o q "Q �° of on°� °o• o ? 4^ x�t� i o ni 0•1 S C] �o >3� �n qnq»i:t� C3 0o C'a Il 3'$ uxozo e 3 yC: ^� `°Cd l , �� A j' p J" p O n •I w ` J (off n o " a " g QS rr on $n_x �� o o �= ozjxooS°v"' iw] 3 bs Sn r ,_ F� xFm. i Q e ' l 3• z _ s n n o> vZ x-to� In n 3• n - I o o a. ° o a, •°. 3 d „ico ;c2QiEj- �F o 3c Sx w9:oa �.Q S w` °_ 5� jo pO' �i .�T t>o w o i?I m ir NON n" c3 so 9 ;Iv you ol y a rt '� 9� z o RO Y C o s o m N = �• N r X O NS T O � � e DATE: PROJECT NO. r ev ceRrrn nwT mms n.w, �rear�Cwnw DPA BY: JANUARY 21. 2000 I M 99348M ^ ni �monrws wssw.[n sr ue a� uae� "r Dicer I / \ •,scrrneioH, w.o nwri,w�p"r uuna®rrse�wora BURGER KING RESTAURANT 6110 m"'�u , ° "" "�" ""'°`"`""`°""'°'" ° BURGER KING NBK sa e, Playtand �., . 3" ° CORPORATION Aibertvllle, Minneoda ( ) PRELIMINARY ►.s: (°e 23 N3-i-0IU i UTILITY PLAN GTE e 14 ► o improvement of Highways 37 and 19, DJ testified under oath before the condemnation commissioners that he had "purchased" the car wash lot (that area west of the stub street) consisting of 56,628 square feet from his father for $205,000, or $3.62 per square foot. DJ also testified that he paid his father an additional $30,000 in services in kind for the stub street land, which consisted of 9,528 square feet, or $3.14 per square foot. This translates to an average of $3.55 per square foot. The entire Lot 1, Block 1 consists of approximately 97,000 square feet (this is an estimate), which would equate to a value of approximately $344,350 for the existing Lot 1, Block 1 at $3.55 per square foot. This value may be slightly overstated since the corner lot which sold for $3.62 per square foot is probably more valuable than the portion of the lot east of the stub street. However, it does provide one measure of value of the property. Park dedication under this valuation would be $34,435. 3. Appraisal valuations —Andy Savitski had recently appealed the special assessments the City levied against his property for the Highway 19/37 improvements. Although the case ultimately settled, Savitski had an appraisal performed on his property prior to the settlement. Savitski's appraiser valued Lot 1, Block 1 at $296,000 (land only). Park dedication under this valuation would be $29,600. Savitski's attorney had originally requested that the City justify how its 10% park dedication fee is related to the park impacts caused by the development of Savitski's property. This would require a fairly detailed study by the City as to how development of commercial land impacts parks and therefore justifies park dedication fees at the 10% level. In an attempt to settle this matter before a lot of time and expense is incurred by either side, Andy is now willing to pay 10% of the assessed valuation, or $5,520. The Council must now determine whether it believes that $5,520 represents 10% of the actual value of the land being platted. If the Council believes that some other figure better reflects the actual valuation of the property, we would seek to come to some agreement with Andy Savitski as to the amount of park dedication which should be paid. If no agreement can be reached, the City would likely not approve the plat for failure to pay park dedication fees, in which case Savitski could take the matter to Court. Once in Court, the City would likely have to demonstrate a relationship between the platting of commercial property and the level of park dedication fees, and demonstrate the value of the Savitski property. Ultimately, the Court would then determine the amount of park dedication due from the platting of the property. Cc: Mr. Igor S. Lenzner, Attorney for Andy Savitski Ms. Deb Garross, City Planner 2 E-S97A St. Michael - Albertville Arena PO Box 193 - Albertville, MN 55301 - USA Phone (612) 497-6749 - Fax (612) 497-6761 February 15, 2000 Albertville City Council 5875 Main Ave. NE Albertville, MN 55301 5C (/) Dear Albertville City Council Members: It is our understanding that the city council has voted against snow plowing the STMA Arena for certain reasons. This is understood by our Board, however, we are still in need of snow plowing for the remainder of the winter. We respectfully request the City of Albertville to continue with snow removal at our facility. In return, we are asking the City to bill the arena for this service. If this agreement is acceptable, please inform us of your rate. We would like to thank you for the fine snow plowing we recieved earlier this year, and look forward to hearing from you. Thank you for your time in considering this proposal. Sincerely, Members of the Saint Michael - Albertville Joint Powers Arena Board PO Box 193 Albertville, MN 55301 (612)497-6749 ( N , DJ's Heating & Air Conditioning 6060 LaBeaux Avenue Albertville, MN 55301 (612) 497-2661 (612) 497-2695 - Fax February 4, 2000 City of Albertville 5975 Main Ave. Albertville, MN 55301 Re: Temporary signs Dear Council Members: Last spring I purchased a 6'x10' sign with changeable letters. I used it to inform people that my car wash was now open. It was very effective in bringing in new business. My daily car wash count doubled and continued to increase a few a day. I then received a letter from the city that I had to remove my sign because it was not legal. Needless to say, my car count fell off drastically. I know these signs are allowed in many other cities. You see them all the time. I would like to request the city to review this part of its ordinance to allow a very effective way of drawing in new business. Please contact me with the necessary steps we need to take to allow these signs. ce ly, C yr't Don Savitiski February 7, 2000 City of Albertville 5975 Main Ave. Albertville, MN 55301 Dear City of Albertville: We are writing about the small portable sign we had up last year. We had it up for several months and were very pleased at how well it worked. After several months, the city sent us a letter telling us to remove it. We want the city to allow this type of sign. Enclosed is an article from the Elk River Star News. We need to be able to promote our businesses by using these effective signs. Please direct this letter to the proper people so we can put our sign back up. You may contact Cindy or myself at (612) 497-4401. Thank you, Pat Meyer at www.erstarnews.com - Wednesday, January 5, 2000/ Elk River Star News /5 • Elk River Business owners say sign ordinance is too stringent by Jim Boyle Staff writer Business at Dairy Queen booms in the summer, especial- ly when the temperatures soar into the 70s and 80s. In the winter, when tempera- tures drop into the teens and single digits — it needs a boost. "People seem to forget about us on nights like this," Scott Mitchell, the owner of the Elk River Dairy Queen, told mem- bers of the Elk River City Council on a recent wintery night. Mitchell has found a sign out front of his store with specials listed on it gives his business just the boost it needs. Charlie Houle, owner of Houle Oil, struggles to find applicants for his gas station and conve- nience store. Ahelp wanted sign out front brings them in and he's able to stay on top of the employee turnover that comes with his business. The only problem for these two businessmen with their signs is the city's sign ordinance prohibits them from using the signs the way they would like W. They have in the past, but the city is enforcing the city's temporary sign ordinance now that it has the resources to investigate violators. The city has also worked with sign com- panies to make the cities ordi- nances clear to them so they don't mislead their customers. The temporary sign ordinance limits the size of temporary signs to 4-by-8-feet or 32-square feet as well as the length of time they can be up. The matter was before the Elk River City Council on Dec. 20, and it now will be worked through the Elk River Planning Charlie Houle of Houle Oil in Elk River posts this sign to attract help at his gas station and convenience store. An ordinance lim- its the size of the sign and the how often it's up. Commission starting with a workshop in February to which Mitchell, Houle and other busi- ness owners will be invited to take part in. Michele McPherson, the direc- tor of planning, says she is not opposed to making some revi- sions to the sign ordinance, but she doesn't want the purpose of a sign ordinance lost in the shuffle. The sign ordinance exists to prevent visual blight and to pro- tect safety concerns raised when vision is obstructed by signs, she said. As the city has grown, the number of temporary signs has grown. With the crackdown on the ordinance, McPherson said the city will keep the city from looking cluttered. "Drive to the Wisconsin Dells and the reason for the ordi- nance becomes obvious," McPherson said, noting that there is no sign ordinance there. "Part of it is what do you want your city to be remembered for — a mess of portable signs or a great downtown and tasteful development?" McPherson asked. Safety is another reason for the ordinance. If the city starts allowing businesses to park signs in rights of way, there are going to be safety hazards for motorists and pedestrians, not to mention problems with signs being in the way of utility work, McPherson said. City Council Member Paul Motin agrees that its one thing to have some signs around town. But once you start having a line of businesses with them out all the time, he would start to have a problem with it. McPherson says it's crucial to be consistent and to avoid hav- ing to constantly deal with vari- ance requests. Mayor Stephanie Klinzing said the city must inject com- mon sense into the matter, and look at variance requests when they arise.