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1992-05-04 CC Agenda Packet• ALBERTVILLE CITY COUNCIL AGENDA May 4, 1992 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * April 20, 1992 V. APPROVAL OF THE MINUTES * April 20, 1992 - Regular Meeting * April 21, 1992 - MPCA Meeting VI. COMMUNITY FORUM - Andy Savitski: Kadlec removal of pipe from his Property and Kadlec repair of road VII. DEPARTMENT BUSINESS A. MAINTENANCE - Project Updates VIII. B. PLANNING AND ZONING - Tom Haller - Request for Planning Commission to meet with David Licht and request to use his services. - Recommendation to adopt Ordinance Amending City Code Allowing Council to set fees, etc. relating to Various Zoning Requests. - Recommendation to adopt Ordinance Amending City Code Allowing Council to set fees, etc. relating to Various Subdivision Requests. - Recommendation to approve Fehn's zoning change from R-3 to I-2 subject to acreage calculations as submitted by Thore Meyer. - Recommendation to approve Savitski final site plan subject to installation of guard rail and curbs as noted. C. ENGINEERING - Frankfort Township drainage - Project Updates 8:30 Pm D. LEGAL Eiden/Bank Property - John Gries Set closed meeting Project Updates • • • E. ADMINISTRATION * Financial Statement * Approval to pay bills (Check #634 thru #6388) - Old Business: Rugged Road Building Custom Canopy Building - Boy Scout Projects Curb Painting (Paint purchased under Rep/Maint. paved roads) Hydrant Painting (Donation to Boy Scouts?) - Ordinances: Dog Resolution regarding fee schedule - Complaint: Mark Barthel - Ag lime in Park - Discuss snow plow question IX. OTHER BUSINESS X. ADJOURN UPCOMING MEETINGS/IMPORTANT DATES May 5, 1992 Joint meeting with Otsego - 7:30 PM May 11, 1992 Work Meeting - 7:30 PM Wastewater Treatment Expansion 50th Street Improvement May 12, 1992 Planning Commission Meeting - 7:00 PM May 18, 1992 Continuation of Board of Review Meeting - 7:00 PM May 18, 1992 Regular City Council Meeting - 7:30 PM May 26, 1992 Planning Commission Meeting - 7:00 PM • ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS May 4, 1992 III. APPROVAL OF CONSENT AGENDA - Minutes of April 20, 1992 - Regular Meeting - Minutes of April 21, 1992 - MPCA Meeting - Minutes of April 28, 1992 - Board of Review - Financial Statement - Approval to pay bills (CP #6349 thru #6388) • Hearing n. ALBERTVILLE CITY COUNCIL May 4, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor ,Dim Walsh, Councilmen Mike Potter, ]Duane Berning, Donatus Vetsch, and Mark Barthel, City Attorney Bill Radzwill, City Engineer Thore Meyer, City Clerk Linda Houghton Mayor Walsh called the regular meeting ❑f the Albertville City Council to order. The agenda was amended by adding Florence Menzel's request to remove the poplar trees near the water tower under the Maintenance Department business. Potter made a motion to approve the amended agenda. Barthel seconded the motion. All voted aye. The follow ---up sheet from the April 20, 1992, meeting was approved ❑n a motion by Vetsch, seconded by Barthel. Al voted aye. Vetsch made a motion to approve the minutes of the April 20, 1992, Council meeting. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the April 21, 1992, meeting with the representatives from the MPCA. Barthel seconded the motion. All voted aye. Andy Savitski told the Council that Kadlec Excavating of Mora, Inc. is already in the process of removing the pipe from his property and has agreed to repair his damaged road. Mike Rutkowski reported on the following projects: (1) The first discharge from the wastewater treatment plant has been completed. (2) The crack sealing on city streets has been completed. (3) The manhole around the flow meter has been raised as directed. Mike requested permission to store the Ford Snow plow in Laren Becker's garage, as has been done in the past. The Council agreed to rent the garage space from Becker. The Council directed the maintenance department to remove the poplar trees by the water tower. Mike explained that he has not yet backfilled the manholes that were raised in the ditch by Westwind. He will be starting that project later this week. The Council reviewed Mark Barthel's complaint about ag lime being dumped in the wrong place at the City Park. Mike explained '1 ALBERTVILLE CITY COUNCIL May 4, 1992 Page 2 of 5 that he was not ❑n site when the ag lime was delivered but that most of it should be used up within the next week or so. Tom Haller, chairman of the Planning & Zoning Commission, requested that the Commission be allowed to use Dave Licht of Northwest Associated Consultants to view proposals that are presented t❑ the Commission on an as -needed basis. The Council decided that the city clerk will review all plans before they are presented to the Commission with the Corrimission Chairman and will recommend when and if the planner, the engineer, or the attorney is needed. Vetsch made a motion to adopt the following resolution: RESOLUTION #1992-11 The City Council of the City of Albertville hereby adopts ORDINANCE #1992-4 entitled AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE ZONING ORDINANCE, ALLOWING THE CITY T❑ SET FEE, CHARGES AND EXPENSES REQUIRED T❑ BE PAID FOR VARIOUS ZONING -RELATED REQUESTS REQUIRING _ACTION TBY THE CITY COUNCIL, ZONI_NG ADMINISTRATOR AND /QR PLANNING COMMISSION. Berning seconded the motion. All voted aye. Potter made a motion to adopt the following resolution: RESOLUTION #1992-12 The City Council ❑f the City of Albertville hereby adopts ORDINANCE #1992-5 entitled AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE, SUBDIVISION ORDINANCE, ALLOWING THE CITY COUNCIL T❑ SET Fees, -CHARGES AND EXPENSES REQUIRED TO BE PAID FOR VARIOUS SUBDIVISION - RELATED REQUESTS REQUIRING ACTION BY THE CITY COUNCIL. ZONING ADMINISTRATOR AND/OR PLANNING COMMISSION. Barthel seconded the motion. All voted aye. The Council reviewed the Planning and Zoning Commission's April 28, 1992, recommendation to rezone Dennis Fehn's property, described as Lot 9, Block 3, Barthel's Industrial Park, from R-3 to I-2. City Engineer Thore Meyer has calculated the areas involved in the proposed rezoning as requested by the Planning Commission and reported in his letter to the Council dated April 30, 1992, that his calculations show a total combined area of ALBERTVILLE CITY COUNCIL May 4, 1992 Page 3 of 5 5.096689 acres. This calculation includes the portion ❑f Barthel Industrial Drive from the center line of 50th Street to the north line of the exception, extended. Barthel Industrial Drive is a dedicated City street. Fehn stated he does not have access to the street. Based on Thore's calculations and the Planning Commission's recommendation, Barthel made a motion t❑ approve the rezoning of Lot 9, Block 3, Barthel's Industrial Park from R-3 to 1-2. Potter seconded the motion. Barthel, Berning, Potter and Walsh voted aye. Vetsch abstained from voting. The motion carried and the property is rezoned to I-2. Vetsch made a motion to approve the final site plan as presented by Andy Savitski and approved by the Planning Commission on April 28, 1992, subject to 5avitski's installation of a guard rail next to the drainage ditch and installation of curbs on either side of the easterly drive to aid in drainage. The Council will notify Savitski when the rip rap should be installed. Barthel seconded the motion. All voted aye. The Council directed the clerk to contact Burlington Northern Railroad regarding the need to clean the drainage ditch on their property and to install a new culvert under the tracks. Attorney Radzwill informed the Council that Security State Bank can make a request for the City to vacate property. Vacate means that the City gives up the right of public ingress and egress. The City can choose to vacate with restrictions, such as those situations regarding sewer and water lines. The Council directed the clerk to get more information on the Bank's request by discussing the situation with the City planner, engineer, Wright County and the attorney. The Council tabled further discussion on the request. Attorney Radzwill advised the Council to consider a closed meeting to discuss possible litigation. The Council agreed to meet in a closed session by interrupting the regular Council meeting on May 18, 1992. Radzwill reported that the security agreement and the promissory note with Fraser Steel has been signed and completed. Fraser Steel has repaid the City for the $15,448 of expenses incurred by the City. Radzwill's office is in the process of getting the City of Albertville ❑n the Municipal Needs List. A committee meeting has been set for May 13, 1992, to meet with representatives of Frankfort Township to address the I- 94/Frankfort drainage problem. ALBERTVILLE CITY COUNCIL May 4, 1992 Page 4 of 5 Thore reported that the wastewater trunk line is approximately one-half of the way through Psyk's 4th Addition and is progressing as planned. Thore is waiting for clarification from the Corps of Engineers regarding the wetland areas before he prepares the Feasibility Study on Psyk's 5th Addition. Vetsch made a motion to approve the Financial Statement for the period April 16 - April 28, 1992, as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to pay the bills as presented (Check #6349-#6388). Barthel seconded the motion. All voted aye. The Council directed the clerk to send any previous documentation concerning the Rugged Road parcel and the Custom Canopy parcel to the attorney's office to review. Linda reported that the Boy Scouts have agreed to paint the curbs in the City. According to the City's insurance agent, the Boy Scouts will covered for liability under their own plan and the City is at no risk. Councilman Vetsch has volunteered to supervise the Scouts. Barthel made a motion to donate $250 to the Boys Scout troop for doing the curb painting. Potter seconded the motion. All voted aye. Berning made a motion to approve the following resolution: RESOLUTION #1992-13 The City Council of the City of Albertville hereby establishes the following impound fee, boarding fees and fines in accordance with ORDINANCE 1989-5, entitled AN ORDINANCE REGULATING DOGS AND OTHER DOMESTIC ANIMALS, PROVIDING A PENALTY FOR VIOLATIONS, AND REPEALING ORDINANCES NO.'S 1983-2 AND 1988-3. Pick -Up Charge Boarding Fees Fines: 1st pick-up 2nd pick-up 3rd pick-up Additional pick-ups $15.00 $8.00 per day $20.00 $50.00 $100.00 $100.00 Barthel seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL May 4, 1992 Page 5 of 5 Councilman Vetsch reported that Bayer Ford has a 1982 Ford diesel snow plow for sale for approximately $18,000. Wright County was the previous owner of the vehicle. The truck is equipped with everything but a wing. The Council will consider the purchase of of snow plow at a later date. Barthel made a motion to adjourn at 10:15 PM. Potter seconded the motion. All voted aye. 3 s A. Walsh, Mayor L'n a Houghton, clerk/ -I FOLLOW-UP SHEET FROM APRIL 20, 1992, COUNCIL MEETING MAINTENANCE - Raise manhole housing the flow meter and seal DEPT. off the top of the manhole to prevent water from entering. MAINTENANCE - Taper dirt around the manholes that were raised DEPT along County Road 37. LINDA - Contact Arlan Middleton about claim presented by Carl and Rita Swanson ALBERTVILLE CITY COUNCIL April 20, 1992 Albertville City Hall 7:30 PM. PRESENT: Mayor Jim Walsh, Councilmen Michael Potter, Duane Berning, Donatus Vetsch, and Mark Barthel, City Engineer Thore Meyer and Norm Gartner, City Attorneys Bill Radzwill and dike Couri, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended with the following additions: Administration (1) Check #5348 - Minnesota State Treasurer - 1st Qtr. building permit surcharge (2) Request from Otsego City Council to meet in a joint session at 7:00 PM, May 5th to discuss fire protection services (3) Discussion on changing employees work week from Monday through Sunday to Wednesday through Tuesday Maintenance (1) Bob Heuring - Compost Day The arened a nda was approved on a motion by Barthel, seconded by Ve sc . All voted aye. Berning made a motion to approve the follow-up sheet from the April G, 1992, meeting. Potter seconded the motion. All voted aye. Berning made a motion to approve the minutes of the April 5, 1992, regular meeting. Potter seconded the motion. All voted aye. Berning made a motion to approve the minutes off the April 13, 1992, special meeting to consider approval of a liquor license for the 152 Club. Potter seconded the motion. All voted aye. There was no business under Community Forum section. The Council reviewed the memo dated April 15 from Ken Lindsay concerning water in the flow meter manhole. City Engineer Thore Meyer explained that the manhole itself is good and that the water appears to be coming from the top of the manhole itself. The Council directed the maintenance department to raise the manhole housing the flow meter and seal the top of the manhole. The Council also directed the maintenance department to get dirt around the manholes that were raised along County Road 37 and taper the dirt back around the manholes. ,VILLE CITY COUNCIL "1 20, 1992 Page 2 of 5 has offered to that of the brush, Mayor Walsh told the e� �Z� �l with the bexception yngThe the compost mat 7th to use as bedding. take all collects on April 2 that the reed to give Heuring the materials he can use. Council agreed rove Barthel'$ The Council found that the The Council reviewed po al. The to padvised the mini -storage building p platted. The council et been p s property has not y plat must be submitted for taken. A Barthel$ that a preliminary p an the proposal can be drive widths, materials of drives, approval before more action in relation certified site plan detailing elevations of the site and buildings potter mad a landscaping, must also be submitted. & Zoningfor the street, and drainage All voted motion to send Barthel's proposal back to the Planning lat approval. Barthel seconded the motion. preliminary p & Zoning Commission must also consiitt d use aye. The Planning e buildings a perm & Zoning the Zoning Ordinance to make mini was rag for the Planning in a B-3 zone. A public hearing 12 lgg2 at 7:00 amendments for May Commission to Commission to consider zoning Planning & Zoning 1992, at PM. A public hearing plat was set for May 12, consider Barthel s preliminary 7:15 FM. The Council reviewed the Planning & Zoning Commission's the plans for Steffens' Meat Market, recommendation to approve Engineer Thore Meyer has reviewed Steffens' drainage Estated that This proposal uses two culverts for drainage. this drainage proposal will work, but he feels that more urban culvertswould e more drainage methods without Steffens ndi c t d that cos b t factors aesthetically pleasing. Prevent them from any other drainage means. Potter made a motion to approve the plans submitted for Steffens' Meat Market, contingent upon the following: the (1) The city engineer officially approve drainage issues. (2) The Zoning Administrator approve the variance to allow the building to be built at a maximum of 12" below street level. Barthel seconded the motion. All voted aye. City Attorney Mike Couri suggested that the Council consider granting preliminary plat approval for Psyk's 6th Addition, contingent upon MPCA granting the sewer extension necessary. Couri explained that since the Planning & zoning Commission has already granted preliminary plat approval for the 6th Addition, there are time constraints in which the Council in ast act. If certain length e oftime, does not approve the preliminary p the plat must proceed through Planning & Zoning again. Councilman Potter stated he would abstain from voting on the issue because of a possible conflict of interest. Councilman Berning indicated that ALBERTVILLE CITY COUNCIL April 20, 1992 Page 3 ❑f 5 he is opposed to granting preliminary plat approval to Psyk's 6th Addition because the city engineer is als❑ the engineer for Psyk. Mayor Walsh tabled discussion of the issue until all information is available to the Council. Couri explained that a meeting will be set up with Rod Fraser from Fraser Steel as soon as possible to sign documents. All approvals have been received. Couri reported that he has contacted the Brainerd MNDOT to see if there is any funding available for Park & Ride projects. He also discussed the City's desire to have an exit ramp at County Road 19 and Interstate 94. Because the interstate system is federally funded, it is not likely that an exchange will be added. Mayor Walsh announced that a closed meeting to discuss personnel issues was held on April 13th. The Council agreed at that meeting t❑ handle the situation verbally and to take no further action. Engineer Thore Meyer presented the Council with the Feasibility Study for the 1992-IIB Improvement Project (Existing Sewer System Improvements). The Council will review the study and be prepared to discuss it at the next regular meeting. Doug & Beatrice Psyk presented the Council with a Petition For Local Improvement and Agreement To Be Assessed, signed and dated April 20, 1992. Councilman Potter stated he would abstain from voting because of a potential conflict of interest. Vetsch made a motion t❑ approve the following resolution: RESOLUTION 1992-10 BE IT RESOLVED, by the City Council of the City ❑f Albertville, that the Council accepts the Petition For Local Improvement and Agreement To Be Assessed for Psyk's 5th Addition, as presented by Douglas and Beatrice Psyk; and in doing so, find that Douglas and Beatrice Psyk are 100% property owners. FURTHER, BE IT RESOLVED, that the City Council of the City of Albertville, hereby directs the City Engineer to prepare a Feasibility Study for public improvements in the Pyyk's 5th Addition. Barthel seconded the motion. Vetsch, Barthel and Walsh voted aye. Berning voted no. Potter abstained. The resolution was adopted. ALBERTVILLE CITY COUNCIL April 20, 1992 Page 4 of 5 The Council agreed to wait until the next meeting to see if the Frankfort Town Board has taken action to appoint a committee to resolve the I-94 drainage problem before a decision to proceed is made. Potter made a motion to set a work meeting of the Council May 11, 1992, at 7:00 PM to discuss the revised plan and new cost estimates for improving 50th Street and to discuss the 1992-11B Improvement Project. Vetsch seconded the motion. All voted aye. Couri advised the Council to take a wait -and -see approach t❑ the County's request that individual cities become the local governing unit on the Wetlands Act. Berning made a motion to approve the Financial Statement for the period April 4 -- April 15, 1992, as presented. Potter seconded the motion. All voted aye. Berning made a motion to approve payment of the bills as presented (Check #'s 6310-6348). Potter seconded the motion. All voted aye. Vetsch suggested that the City retain one-fourth ❑f the liquor license fees ($300) paid to the City by John Krizek. Barthel made a motion to refund $1,100 of the total $1,200 payment from John Krizek for a liquor license for the proposed Applejax restaurant and bar. The $100 fee will pay for the City's administrative costs. Berning seconded the motion. Barthel, Berning, Potter and Walsh voted aye. Vetsch voted no. The motion carried. Vetsch made a motion to file a claim against the City's Errors and omissions policy in regard to the special assessments that were not removed from the Carl Swanson property after those assessments had been paid in full to the City in 1986. The Swansons were asked to provide the City with a letter detailing their special assessment payments t❑ the County from 1986 through 1992 and their claim of interest owed on these monies during that period. Linda was directed to contact the City's insurance agent and submit this claim. Barthel seconded the motion. All voted aye. By consensus the Council awarded first place in the City's logo contest to the design entered by Lenora L. Cagle and awarded second place to the design entered by Lois and Bill Roden. Potter made a motion to change the employee work week from Monday through Sunday to Wednesday through Tuesday. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL April 20, 1992 Page 5 of 5 Barthel made a motion to set a joint meeting with the ❑tsego City Council on May 5th at the Otsego City Hall at 7,00 PM to discuss fire protection services. Potter seconded the motion. All voted aye. Barthel made a motion to adjourn the meeting at 10:02 PM. Potter seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, Clerk l ALBERTVILLE CITY COUNCIL SPECIAL MEETING April 21, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Patter, Duane Berning, Donatus Vetsch, and Mark Barthel, City Clerk Linda Houghton, City Engineers Thore Meyer and Norm Gartner, City Attorneys Bill Radzwill and Mike Couri, MFCA representatives Tom Holstrom and Faye Sleeper Mayor Walsh called the special meeting to order. The purpose of the meeting is to discuss the City's options for wastewater treatment expansion with the PCA representatives. The Council reviewed the letter dated April 21, 1992, from Gbolahan I. Gbadamosi of the MPCA. The letter corrects the effluent limitations for continuous discharge into Mud Lake that were disclosed in a letter from the MPCA dated November 25, 1991. The engineer and the Council have been working under the erroneous assumption that the City could not meet the effluent limitations for continuous discharge into Mud Lake. Norm Gartner told the Council that with the new discharge limits the City can convert to a continuous discharge without expanding or adding to the existing ponds, without the sand filters that would have been necessary to get continuous discharge into the Crow River, and without the outfall line t❑ the Crow River. The engineers will now work on a design to add aeration to the existing ponds to get continuous discharge to Mud lake. The engineers will evaluate the problem of phosphorous treatment during the winter months and how the non -degradation standards of the receiving lake will be affected. Tom Holstrom of the MPCA told. the Council that the proposal discussed by the engineers (adding aeration to the existing ponds to speed the treatment process to allow continuous discharge) is feasible with the new discharge levels stated in the April 21st letter. He believes this proposal will expand the City's capacity from 115,000 gallons per day to 315,000 gallons per day. The engineers were directed to begin a feasibility study ❑n this proposal and present it to the Council as soon as possible. Holstrom explained that the PCA has a 90-ninety day average turnaround time for approval of plans and specs. If the City attempts to secure an MPCA loan for construction, the process is slowed down and becomes "quite cumbersome". Because the City currently is unable to get additional sewer extensions, Attorney t Radzwill asked Holstrom to personally work with the City in order to speed up the process as much as possible. ❑pon questions from the audience, Holstrom indicated that he would guess that additional sewer extensions could be granted by the MPCA ❑nce it has reviewed the plans and specs for the expansion of the wastewater facility. Vetsch made a motion to adjourn at 8:30 PM. Barthel seconded the motion. All voted aye. Linda Houghton, Clerk MEYER-RCHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 April 30, 1992 Mr. Jeff Kadlec Kadl ec Excavating of Mora Rt . , 5 Box 81 Mora, MN 55051 Re: Sanitary Sewer Trunk Dine Albertville, Minnesota Dear Jeff: The developer of the Sunrise Commercial Park has requested that the streets disrupted during the above -referenced Construction project be restored at this time. Contracts have been awarded by the developer for the completion of the streets by the construction of concrete curb and gutter and bituminous surfacing and the original Class 5 base needs to be returned to its ❑ri.ginal condition. All clay, topsoil and contaminated Class 5 material shall be removed from the entire right-of-way and additional Class 5 material brought in, spread and compacted to provide a base as per the original condition. The pipe and supplies that are presently being stored on the street and private property will also need t❑ be relocated. We would also suggest the final restoration work over the installed pipe line, particularly at the north end of the project, be started. We realize the wet conditions you have had to encounter; however, with the drying conditions the past days, much of the area can now be fully restored. We would also remind you the project completion date is June 15, 1992. Tt would appear that additional equipment may be needed on the job site to facilitate completion in the specified time period. Particularly slow is the back filling procedure, which is requiring some "farming" operation to dry out the backf ill before placement. This completion date was established to allow the new St. Michael/Albertville High School ample time to connect to the system and complete all necessary testing, etc., before school ❑pening. Thore P. Meyer, Professional Engineer Robed Rohlin, Licensed Land Surveyor page 2 .Leff Kadlec If you have any questions, please feel free to contact me at 612-682-1781. Sincerely, MEV4-RO HL IN , INC. Thore Meyer Professional �nlneer cc: City of Albertville � Andy Savi tski a 9--/-� 1-7°O- lid �3 S� boa 3 3oD fJ / 3e. 0 --- PLANNING & ZONING COMMISSION APRIL 28, 1992 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: Tom Haller, LeRoy Berning, Donatus Vetsch, Rick Bishop, City Engineer Thore Meyer, and Secretary Ann Culley. ABSENT: Tim Phillips Chairman Haller called the meeting to order at 7:00 PM. Bishop made a motion to approve the agenda. The motion was seconded by Vetsch. All voted aye. A motion was made by Berning to approve the minutes of the April 14, 1992, meeting as submitted. Haller seconded the motion. All voted aye. At 7:05 PM Vetsch made a motion to open the public hearing for discussion of proposed ordinances: AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE, ZONING ORDINANCE, ALLOWING THE CITY COUNCIL TO SET FEES, CHARGES, AND EXPENSES REQUIRED TO BE PAID FOR VARIOUS ZONING -RELATED REQUESTS REQUIRING ACTION BY THE CITY COUNCIL, ZONING ADMINISTRATOR, AND/OR PLANNING COMMISSION. AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE, SUBDIVISION ORDINANCE, ALLOWING THE CITY COUNCIL TO SET FEES, CHARGES, AND EXPENSES REQUIRED TO BE PAID FOR VARIOUS SUBDIVISION -RELATED REQUESTS REQUIRING ACTION BY THE CITY COUNCIL, ZONING ADMINISTRATOR, AND/OR PLANNING COMMISSION. Berning questioned who was to set the fees and the Commission felt that the fees should be set by Resolution of City Council under advisement by Linda Houghton. Vetsch mentioned that he felt that a Certificate of Occupancy should be required when a business changed owners. Bishop made a motion to recommend that the City Council grant approval of both ordinances as submitted. The motion was seconded. All voted aye. Dennis Fehn addressed the Commission with regard to the office addition he wishes to build. His property is 4.41 acres but the Commission feels that, based on Couri's letter of April. 22, 1992, paragraph 3, if Barthel Industrial Drive is included in the rezoning that the district to be rezoned will then meet the 5 acres required by the City Ordinance for an I-2 district. Thore Meyer is to submit calculations showing total acreage of Fehn`s property, 50th Street, and Barthel Industrial Drive. Said recommendation to be furnished to the Council for the May 4, 1992, meeting. PLANNING COMMISSION - 4/28/92 PAGE 2 Berning made a motion to recommend that the City Council approve Fehn's request for a zoning change from R-3 to I-2 subject to the finding of Meyer's calculations on the properties known as Lot 9, Block 3, Barthel's Industrial Park, Dennis Fehn Exception, Outlot B, 50th Street, and Barthel. Industrial Drive. Vetsch doesn't feel that inclusion of Barthel Industrial Drive is the correct way to depict this zoning district. Bishop seconded the motion. Vetsch voted nay. Haller voted aye. The motion carried. Andy Savitski presented his final site plan for approval. Berning questioned whether or not the site plan depicted the required number of parking spaces. Savitski stated that he had presented this plan to Kevin Mealhouse and that Kevin had no problem with the parking as shown on the plan, but that, the number of parking spaces is to be determined by the use of the property, which is uncertain at this time since there is rental space involved and use will be determined by the tennant. Meyer was concerned about the need for a guard rail by the railroad drainage ditch. Andy stated that he had no problem with having to put one in and that it would be made with posts and cable. Meyer stated that the drainage ditch needs to be upgraded and a new culvert installed. Vetsch said that the Council has discussed this many times in the past but that nothing has been done to correct it thus far. Meyer suggested that if the City is going to require the railroad to correct the problem, that Savitski be allowed to install his rip rap after said work is completed. The Commission agreed that it is the responsibility of the railroad to correct this situation, but that it would probably be very difficult to get the railroad to do anything about it. Berning made a motion to approve the final site plan subject to Savitski's installation of a guard rail next to the drainage ditch and installation of curbs on either side of the easterly drive to aid in drainage. Berning further motioned to recommend that the City Council direct the City to contact the railroad to get the drainage ditch cleaned out and a new culvert installed. Vetsch seconded the motions. All voted aye. The proposed amendment to the Subdivision Ordinance with specific regard to minor subdivisions was addressed. The Commission feels that all minor subdivisions should be reviewed and approved by the Planning Commission, not the Zoning Administrator. The Commission also requests that Mike Couri prepare written recommendations to the Zoning Ordinance with regard to the inclusion of a mini. --storage facility and asked that he address the "primary and accessory use" clauses due to the fact that Barthel's are proposing to build three units on one lot and they propose to do this one unit at a time. PLANNING COMMISSION -- 4/28/92 PAGE 3 The Commission also feels that David Licht should review plans and make his recommendations regarding same prior to the Commission review since he is the one who drew up the Ordinances and he has much expertise in this area. The Commission feels that plan review costs should be passed on to the owner/developer and not the City and that a deposit should be made at the time of submission to the City. Bishop excused himself at 8:30 PM. Berning made a motion to recommend to the Council that David Licht be invited to meet with the Planning Commission to discuss the possibility of his performing site reviewals, Commission expectations and needs, and financial constraints. Vetsch seconded the motion. All voted aye. Haller will address the Council at the May 4, 1992 meeting with regard to this issue. George Yankoupe requested to be placed on the Planning Commission Agenda for the meeting to be held on May 12, 1992 to discuss plat and park issues concerning Westwind 4th addition_ Berning moved to grant Yancoup"s request. Berning made a motion to adjourn the meeting at 8:50 PM. Vetsch seconded the motion. All voted aye. Ann Culley, Secretary CITY OF ALBERTVILLE " ORDINANCE NO. AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE, ZONING ORDINANCE, ALLOWING THE CITY COUNCIL TO SET FEES, CHARGES AND EXPENSES REQUIRED TO BE PAID FOR VARIOUS ZONING -RELATED REQUESTS REQUIRING ACTION BY THE CITY COUNCIL, ZONING ADMINISTRATOR AND/OR PLANNING COMMISSION. The City Council of the City of Albertville hereby ordains: The Albertville Zoning Ordinance, as codified by the City of Albertville, shall be amended by the addition of the following text to the Administration Section of the ordinance: Section 100.10 Fees, Charges and Expenses. (a) Fees and charges, as well as expenses incurred by the City for engineering, planning, attorney and other -services related to the processing of applications shall be established by resolution of the Council and collected by the Zoning Administrator for deposit in the City's accounts. Fees shall be established for building permits, conditional use permits, zoning amendments, variances, planned unit developments, appeals, issuance of a certificate of occupancy, building relocations, home occupations, day care nursery facilities, land filling operations, land excavation/grading, essential services, wind energy systems, communication devices, review of site/building plans, parking plans, loading plans, and such other land -use related procedures as the Council may from time to time establish. The Council may also establish charges for public hearings, special meetings, or other such Council or Planning Commission actions as are necessary to process applications. (b) Such f ees, charges and estimated expenses (as well as a deposit, if so required by the Zoning Administrator) shall be collected prior to City action on any application. All such applications must be accompanied by a written agreement between the City and the applicant/ landowner (when the applicant is not the same person or entity as the landowner, both the landowner and the applicant must sign the agreement) whereby the applicant/ landowner agrees to pay all applicable fees, charges and expenses as set by Council resolution as provided above, and which allows the City to assess the above fees, charges and expenses against the landowner if such monies are not paid within 30 days after a bill is sent to the applicant/landowner. (c) These fees shall be in addition to Sewer Access Charges, Water Access Charges, Building Permit Fees, Inspection Fees, Subdivision Fees, Charges and Expenses and other such fees, charges and expenses currently required by ❑rdinance ❑r which may be established by ordinance in the future. Passed this day of April, 1992. Mayor City Clerk (Seal) J Published in the Crow River News on , 1992. Ali DRAFT CITY OF ALBERTVILLE y ''' No. Date ORDINANCE NO. AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE, SUBDIVISION ORDINANCE, ALLOWING THE CITY COUNCIL TO SET FEES, CHARGES AND EXPENSES REQUIRED TO BE PAID FOR VARIOUS SUBDIVISION - RELATED REQUESTS REQUIRING ACTION BY THE CITY COUNCIL, ZONING ADMINISTRATOR AND/OR PLANNING COMMISSION. The City Council of the City of Albertville hereby ordains: The Albertville Subdivision Ordinance, as codified by the City of Albertville, shall be amended by the addition of the following text to the Administration Section of the ordinance: Sectidn A-900.7 Fees, Charges and Expenses ( a ) Fees and charges, as well as expenses incurred by the City for engineering, planning, attorney and other services related to the processing of applications under this ordinance shall be established by resolution of the Council and collected by the Zoning Administrator for deposit in the City's accounts. Fees shall be established for the processing of requests for platting, major and minor subdivisions, review of plans, and such other subdivision -related procedures as the Council may from time to time establish. The Council may also establish charges for public hearings, special meetings, or other such Council or Planning Commission actions as are necessary to process applications. (b) Such fees, charges and estimated expenses (as well as a deposit, if so required by the Zoning Administrator) shall be collected prior to City action on any application. All such applications must be accompanied by a written agreement between the City and the applicant/landowner (when the applicant is not the same person or entity as the landowner, both the landowner and the applicant must sign the agreement) whereby the applicant/landowner agrees to pay all applicable fees, charges and expenses as set by Council resolution as provided above, and which allows the City to assess the above fees, charges and expenses against the landowner if such monies are not paid within 30 days after a bill is sent to the applicant/landowner. (c) These fees shall be in addition to Sewer Access Charges, Water Access Charges, Building Permit Fees, Inspection Fees, Zoning Fees, Charges, Expenses and other such fees, charges and expenses currently required by ordinance or which may be established by r ordinance in the future. Passed this day ❑f April, 1992. Mayor City Clerk (Seal) Published in the Craw River News on 1992. M YFR-RCHLIN, INC. fC7 LJ ❑ ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612-682-1787 F 7:7 April 30, 1992 City of Albertville c/o Linda Houghton, Clerk P❑ Box 131 Albertville, MN 55301 Re: Dennis Fehn Rezoning Dear Linda: At the request of the Planning Commission, we have calculated the areas involved in the proposed Dennis Fehn rezoning request. These areas are delineated on the attached map. Area A: Lot 3, exception, outlot "B", all to the centerline of 50th Street............ 4.304159 acres Area B: Barthel Industrial Drive from center line of 50th Street to the north line of the exception, extended ............... 0.792530 acres Total combined area..... 5.096689 acres If you have any further questions, please feel free to contact me. Since,rely, ROBLIN, INC. Thore Meyer Professional /EnLineer cc: Dennis Fehn Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor Gn6r�° Ofl (P Q v— , p=R:•a�0 s a S ° zy o o 'p, 0 r �� {� ►,S � s; ti' � � C17 ►a 's 00 640 4'R:34 s3 � C% 3 u M e J �3? �/ hqr �� li7 a o N c_ y FC/ nN � 4 a* SP2 40 Line parallel with the South line of the E l/ of the SE l/ 8 , l 2 41 of Sec � 0 c 7.06 N 87 34 29" W 0107 aB� / 1 374.28 &A lotsti23" M�1 nII n k. 22 1. 99 1 52. 29 — t �9 t \ e�Q � ' N87°34'29 \ a�„-v m T 98.86 CH=98.47 S �' Q 4' o!� `sa ti }� ❑ = 1735' LsUj R=322.1 3 a i CH. BRG=N32'15)4 W t o �, ff 14.85 "'N wo m�.�`�' w 35'29W N "' ExCEPTiaN = �_ ti l 3NCP _� mN mW m 4a SO y" i'E DEEDUj w t nay d C dy I"/ tt Nvs PTI0N +� Q `v q CV" - w 00 South line et V N'` S.E.Corner of tSWhe a y E I/2 of the SE /4 - x* of the /4 10 of Sec.l,Twp.1201 a 7 R.24 33.o I "' M 30'W) o oV 1 1 S N. E:► J^ r ^w ]need-- l �' STREET __ zQ8.7o-- ^�7 .as ay.oa 1 �r� nn of theE — 223.00-431.7a -•-� L ^��*�• "` I/2 —N 87°34'29"W — — — wrightCauntyMan,xne3t1 33WEST of See. l pit- 3G, 191 z. AREA/LOT SUMMARY SET ##3 DENNIS FEHN FROM SEARING/ANGLE DISTANCE TO NORTH EAST ELEV 59 1000.0000 919.9112 59 SW 50 00'00" 33.0312 51 1000.0000 806.8800 51 NW 87 34'29" 431.7000 5Z 1018.Z680 455.5667 52 NE 2 50'14" 417.4100 53 1435.1663 476.ZZ79 53 SE 87 34'Z9" 374.Z611 54 1419.3289 850.1538 PC C. BEARING C. LENGTH PT NORTH EAST ELEV 54 SE 19 10'30" Z40.0189 55 f19z.6Z6Z 9Z8.9887 DELTA ARC RP NORTH EAST ELEV 43 44'45" Z45.5495 57 1207.7897 607.2158 RADIAL PC*RP RADIUS RADIAL RP*PT DEG OF CURVE HID ORD SSE 48 57'08" 322.1300 SE 87 18'07" 17 47'lZ" Z3.1694 TANGENT PC*PI TAN LENGTH TANGENT PI*PT EXTERNAL SE 41 0Z'5z" 1Z5.3188 SW Z 41'53" Z4.5883 55 SW 2 41'S3" 192.8400 59 1000.0000 919.9112 PERIMETER 1695.1918 SO FT 187489.1817 ACRES 4.304159 A `�~ SET #4 TOTAL BOUNDARY FROM BEARING/ANGLE DISTANCE TO NORTH EAST ELEV 50 1000.0000 1000.0000 s0 SW 90 00'00" 113.1200 51 1000.0000 886.8800 51 NW 87 34'29" 431.7000 5Z 1018.2680 4SS.5667 5Z NE Z 50'14" 417.4100 53 1435.1663 476.ZZ79 53 SE 87 34'Z9" 476.0346 60 1415.0Z23 951.8362 PC C. SEARING C. LENGTH PT NORTH EAST ELEV 60 SE 14 09'39" 233.Z498 56 1188.8604 1008.9000 DELTA ARC RP NORTH EAST ELEV 33 43'05" 236.6499 57 1Z07.7897 607.2158 RADIAL PC*RP RADIUS RADIAL RP*PT DEG OF CURVE MID OR❑ SW 58 58'48" 402.1300 SE 87 18'07" 14 14'53" 17.Z831 TANGENT PC*PI TAN LENGTH TANGENT PI*PT EXTERNAL SE 31 01'1Z" 121.86Z4 SW 2 41'53" 18.0592 56 SW 2 41'53" 189.0700 50 1000.0000 1000.0000 PERIMETER SO FT ACRES i 1853.9845 ZZZ011.773 5.096689 T tL 1'1 MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N. Buffalo, Minn.55313 Phone 612- 682-1781 April 22, 1992 City of Albertville c/o Linda Houghton, Clerk PO Box 131 Albertville, MN 55301 Re: 5teffans Meat Plant Honorable Mayor & Council Members: As per your request, we have reviewed the site plan for the above - referenced project and would like to make the following comments. Barthel Industrial Drive, as it fronts the proposed building site, is an urban street utilizing concrete curb and gutter as a drainage conveyance method. The City ordinance requires the floor elevation to be a minimum 18" above the crown of the abutting street (usually the same as top of curb) , allowing the front portion of the site to surface drain onto the street and into the storm drainage system. The proposed site plan for the Steffans Meat Plant establishes a floor elevation one foot lower than the street elevation with site surface drainage directed into a drainage ditch along the rear of the lot and a drainage ditch along Barthel Drive utilizing culverts under the proposed first driveway and future driveways. The building designer has indicated the siting of the building was s❑ done to utilize the anticipated better materials of the old Highway 152 roadbed as a base for the new building. As no soil borings have been done, I might question the suitability of these soils, as historically many of the old highways were never sub --cut. but only gravel placed on the existing lowlands until stability was achieved. What materials will be encountered at footing depth may be questionable. The proposed building elevation and drainage plan will establish a permanent use of culverts under the driveways which becomes a continual maintenance problem for the City and/or property owner. It would appear if the building were located further west on the lot, with possibly a flip -over of the plan to allow building expansion to the east, the existing higher land elevations could be used to minimize the amount of fill required to bring the entire site to an elevation that would not require the culverts. A building elevation of 18 inches above the street could be waived if Thore P. Meyer. Professional Engineer Robert Rohlin, Licensed Land Surveyor all drainage could be shown to be directed to the rear highway ditch. Minimum drainage grades for the parking lot and driveway areas are 0.5% for curb and gutter and 1.0% for bituminous drainage. We would highly recommend a re -study be made of the building location, elevations and drainage patterns. In the event the site plan remains as proposed, the following will be conditions placed upon the site plan approval. 1) Culverts (initial and future installations) shall be of proper length allowing for a 3:1 sideslope from the driveway. Aprons shall be installed and strapped to the culvert pipe. Maximum curb cut width shall be 24 feet. 2) As the culverts are to be installed on private property, the installation costs and full continued maintenance shall be the responsibility of the land owner (Steffan Meat Plant) . This maintenance requirement includes all responsibility and liabil- ity incurred in the event of plugging and flooding, whether by debris and/or freeze-up conditions. 3) All areas not covered by bituminous or concrete shall be immediately seeded or sodded to provide a green area around the building, therefore eliminating any source of erosion runoff into the ditches. This would eliminate the gravel on the proposed future drive -around until such time that the driveway would be properly surfaced and second entrance constructed. 4) Section 1000.7(c) of the Zoning Ordinance addresses landscaping for new income -producing properties and would appear to require a more complete landscaping plan than was proposed with only the planting areas on either side of the entrance door. If you have any questions, please contact me. Sincerely, AMEYE�ROHLIN, INC. ore eye Professi❑al Eaineer cc: Steffan Meat Plant File E-9 2O1-GEN THOMAS A. FOSTER TIMOTHY W. WALDECK PETER E. LINO JOHN R. GRIES ROLF E. SONNESYN BRUCE W. LARSON JEFFREY M. BAUER DAVID J. LENHARDT BYRON M- PETERSON STEVEN E. TOMSCHE GREGORY J. VAN HEEST FOSTER, WALDECK, LIND & GRIES, LTD. ATTORNYcYS AT LAW 2300 LINCOLN CENTRE 333 SOUTH SEVENTH STREET MINNEAPOLIS. MINNESOTA 55402 (612) 375-1550 FAX (612) 375-0647 April 14, 1992 City Clerk City of Albertville 5788 Main Avenue NE Albertville, MN 55301 RE: Eiden/Security Bank Northwest Lots 7, 8, 9, Block 1, NW 1/4 NE1/4 Our File No. 7171.-2040--4 Dear Sir or Madam: I believe you are aware that Security Bank Northwest is proposing to purchase the above property from Daniel and Patricia Eiden. The bank then intends to construct a new banking facility on the property. In order to accommodate the banking facility, it is necessary to acquire part of the vacated Highway No. 37 (formerly Minnesota State Highway No. 152). It is my understanding that the City is willing to vacate any interest which they have in this property. I am enclosing a colored map which shows the part of the old highway which was vacated. Supposedly, what is colored in blue was vacated by the State directly to the City (see Document No. 351233 attached). what is colored in yellow was vacated by the State to Wright County and then supposedly by the County to the City (see Document No. 460569). What is colored in green was, Like the yellow, vacated by the State to the County (see Document No. 360234) . I am enclosing another drawing (drawing number 2) and a legal description for that part of the vacated highway that the bank would like to acquire and use for the new facility. Because there is some confusion as to whether this vacated highway is owned by the County or the City, we are asking that both the County and the City pass a resolution vacating the street and conveying it to the property owner, that is, the bank or Eidens as the owners of Lot 7. This would then attach to the tax parcel that is comprised of Lots 7, 8 and 9. I would ask that you furnish this information to your attorney and put this matter on the agenda and have whatever public or other hearing is necessary to accomplish this request. Let me know if you have any questleps. Ve tr." i 'Y yours, R. GRIES JRG/kls CC.* Mr. Paul Ederer 36. Quit Claim Deed Dated Sept. 17, 1980 R,ec.Oct'. 10, 1980 at 3 Pal Book 297 of Deeds, page 926 File No. 351233 State of Minnesota and Consideration Commissioner of Transportation Signed by Albert H. Quie, Govn.; Spec. Asst Atty. Genl.; Secy. of State. t❑ Ack. Sept. 17, 1980 City of Albertville The State of Minnesota having acquired the real estate hereinafter described for trunk highway purposes, and the Commissioner of Transportation of said State having certified that the same is no longer needed by said State for trunk highway purposes, and has recommended the reconveyance thereof to City of Albertville. Pursuant to M.S. 1978, section 161.16, Subdivision 4, said State of Minnesota, by its Governor, hereby conveys and quit claims to the City of Albertville, for highway purposes, all its interest including any conditions, restrictions, covenants and easements that run with the land together with and including the right of access control as shown in Part of Parcel 37 S. P. 8610 (152=129) 901, Part of Parcel 35 S.P. 8610 (152-129) 901; see exception to access coveyance as described in part of Parcel 35 S.P. 8610 (152=129) 901; except that access to Trunk Highway No. 392, renumbered 94 from the lands herein described shall be restricted as hereinafter set forth in the reservation clause; in and to the real estate situate in the County of Wright, State of Minnesota, described as follows: Description for the turnback of part of trunk highway No. 129 renumbered 152 and part ❑f trunk highway no. 392 renumbered 94 to the City of Albertville: Part of Parcel 37 S.P. 8610 152-129 901 A11 that part of the following described lots: Lots 7 and 8 of Block 1, Subdivision of the Northwest Quarter of the Northeast Quarter of Section 1, Township 120 North, Range 24 West, Wright County, Minnesota; whieb lies northeasterly of a line run parallel with and distant 75 feet southwesterly of Line 1 described b►lov and southwesterly of a line run parallel with and distant 75 feet southveaterlr of Line 2 described below: Line 1. Beginning at a point on the east line of said Section 1, distant 953.A feet north of the east quarter corner thereof; thence run northeasterly at an angle of 57 degrees 57 minutes 00 seconds tram said east section line (measured from north to vest) for 2920.3 feet and there terminating; Line 2. From a point on the east line of said Section 1, distant 972.44 feet north of the east quarter corner thereof, run northwesterly at an angle of 45 degrees 00 minutes 00 seconds from said east section line (measured from north to west) for 1906.27 feet to the point of beginning of Line 2 to be described; thence deflect to the left at an angle of 57 degrees 51 minutes 00 seconds for 104.8 feet; thence deflect to the right an a 05 degree 00 minute Oa second curve (delta angle 40 degrees 24 minutes 00 seconds) for 808 feet; thence on tangent to said curve for 200 feet and there terminating; together with all right of access control, being the right ❑f ingress to and egress from that part of Parcel 37 herein conveyed to the lands adjacent thereto. (And other parcels described). RESERVATIONS CLAUSE: Subject to the following restrictions and reservations: No access shall be permitted to Trunk Highway No. 392 renumbered 944 from herein described and conveyed in Parcels 35 and 38 on S.P. 8610 (152=129) Parcels 334, 434, 335, 435, 435B, 336C, 436C and 437 on S.P. 8680 (94=392) INFORMATION State Deed Tax $2.20 paid the lands 901 and in 901. 45; Resolution Dated May 28, 1985 Rec. Aug. 9, 1989 at 11:48 AM Book 95 of Misc., page 754 File No. 460569 Board of County Commissioners Signed Executive Secy.to the Board (Richard W. Wright County, Minnesota Norman) WHEREAS, it appears to the Wright County Board of Commissioners that the below described portion of County Highway should be revoked, and WHEREAS, the hearing required by Minn. star. 163.11 subd. 5A (1982) was held on March 5, 1984 pursuant to Minn. Star. 163.11, Subd. 5 (1982) the county highway located in the City of Albertville in the County of Wright, State of Minnesota, described as follows, to -wit: A 66.00 foot easement for road purposes over and across the N) of the N4 of Section 1-120-24 and the Si of the SJ of Section 36-121-24, Wright County, Minnesota, the centerline of said easement is described as follows: Beginning at the intersection of the SW-ly right of way line of County State Aid Highway No. 37 (formerly Minnesota State Highway No. 152) and the section line between said Section 1 and said Section 36; thence W-ly, along said section line, to a line 33.00 ft. NE-ly and parallel with the NE-ly right of way line of the Burlington Northern Railroad; thence NW-ly along said parallel line to the E line of the W 302.00 ft. of the S) of the S} of said Section 36; thence N-ly, along said E line to the S-ly right of way line of County State Aid Highway No. 37 and said centerline there terminating. Along with an easement for road purposes over and across that part of the S) of the SIi of said Section 36 that lies W-ly and SW-ly of a 40.00 foot radius circular curve, concave to the NE. The E line of the W 335.00 ft. of the S) of the Sy of said Section 36 and the NE-ly line of a 66.00 foot strip, that lies NE-ly of and adjoins the NE-ly right of way line of said Burlington Northern Railroad are tangent to said curve. The side lines of said 66.00 easement to be lengthened and shortened to terminate at the SW-ly and S-ly right of way lines of said County State Aid Highway No. 37, is hereby revoked. I, Richard W. Norman, duly appointed, qualified, and acting Clerk to the County Board for the County of Wright, State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution or motion with the original minutes of the proceedings of the Board of county Commissioners, Wright County, Minnesota, at their session held on the 28th day of May, 1985, now on file in my office, and have found the same to be true and correct copy thereof. 46. Notice of Federal Tax Lien Dated October 249 1991 Rec. Oct. 29, 1991 at 2:40 PM Book 3 of Federal Liens page 702 File No. 4964B6 District- St. Paul, MN Signed John Hanson Serial Number 419122464 As provided by sections 6321, 6322, and 6323 of the Internal Revenue Code, notice is given that taxes (including interest and penalties) have been assessed agains the following -named taxpayer. Demand for payment of this liability has been made, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interests and costs that may accrue. Name of Taxpayer: Daniel J. 6 Patricia A. Eiden Residence: 5985 Large Av Albertville MN 55301-9795 IMPORTANT RELEASE INFORMATION- With respect to each assessment list below, unless notice of lien is refiled by the date given in column (a), this notice shall. on the day following such date, operate as a certificate of release as definec in IRC 6325(a). Rind of Tax Tax Period Identifying No. Date of Last Day for Unpaid Balance of (a) Ended (b) (c) Assessment (d) refiling (e) Assessment (f) 1040 12/31/90 05/27/91 06/26/01 f6096,46 Total: *6096.46 37. Quit Claim Deed Dated Sept. ?4, 1981 Rec. Oct. '10, :98; at 3 ... Book 300 of Deeds, page 714 File No. 360- 3L State of Minnesota Consideration -• Future maintenance, improvement or reconstruction of such roadways Wit. - - to Signed - State of Minnesota by R..P. Braun, Com. of Transportation Seal County of Wright Ack. Sept. 24, 1981 before Colette R. Prokop, N-1, Ramsey Co., Minn. 9/13186 Form req. Seal The State of Minnesota having affixed acquired the real estate herein- Approved as to form: John C. Jeppesen, Spec. after desc. for trunk highway Asst. Atcy. Cen. purposes, and the Commissioner Approved as to execution: John C. Jeppesen, of Transportation of said State Spec. Asst. Atty. Gen. having determined that the same is no longer needed by said State for trunk highway purposes, :and that the same may be conveyed and quit claimed to the County of Wrighc- Now, Therefore, upon said determin- ation and pursuant to Minnesota Statutes 1980, Sec. 161.16, Sub. 4, said State of Flinn., in consideration of the future maintenance, improvement, or reconstruction by Crantee of such roadways, by Richard P. Braun, its Commissioner of Transportation, Grantor, hereby conveys and quit claims to the County of Wright, Grantee, for highway purposes, all its int. including any conditions, restrictions, covenants and easements chat run with the land together With and including the right of access control as shown herein; see excep:-.Q- to access conveyance as desc. herein; except that access to Trunk Highway No. 39?, re- numbered 94, to Trunk Highway No. 129 renumbered 152 or to Trunk Highway No. 15 from the lands herein desc. shall be restricted as hereinafter set forth in the reservation clause; in and to the real estate, situate in Wright Co., Minn., desc. as fols., Quit Claim: cart of parcel 37 S.P. 8610 (152-129) 901 All that part of the following described lots: Lots 7 and 8 of Block 1, subdivision of the Northwest Quarter of the Northeast Quarter of Section 1, Township 120 North, Range 24 West, Wright County, Minnesota; which lies northeasterly of a line run parallel with and distant 75 feet southwesterly of Line 1 described below: Line 1. From a point on the east line of said Section 1, distant 972.44 feet north of the east quarter corner thereof, run northwesterly at an angle of 45 degrees 00 minutes 00 seconds from said east section line (measured from north to west) for 1906.27 feet to the point of beginning of Line 1 to be described; thence deflect to the left at an angle of 57 degrees 51 minutes 00 seconds for 104.8 feet; thence delect to the right an a 05 degree 00 minute 00 second curve (delta angle 40 degrees 24 minutes 00 seconds) for $08 feet; thence on tangent to said curve for 200 feet and there terminating. RESERVATIONS CLAUSE: Subject to the fol. restriction and reservations: No access shall be permitted to Trunk Highway No. 392 renumbered 94, to Trunk hwv- Na. 129 renumbered 152 or to Trunk Hwy. No. 25 From the lands herein desc. and conveyed Parcel 3 on S.P. 25-23, in Parcel: 6, 8, 8A, 18, 19, 20, 22, 24, 25, 32, 33, 34, 35 , 36, 37, 38, and 39 Rev. on S.P. 152=1?9-21-1, in Parcels 29 and 35 on S.P. 8610 1152-:'.('- 901, in Parcels 329, 335, 337, 429 and 437 on SP. 8680 (94=392) 901, in Parcels 9, 10, 13, 14, 17, 18, 21, 27, 28, 39, 40, 42, 208, 212, 220, 220A, 221, 239 and 32; or, S.P. 8680 (94=392) 902 and Parcels 7A, 9, 12, 14 and 17 on S.P. 8680 (94=392) 903; except that access shall be permitted within a distance of 50 ft. on each side of the fal. desc. line: From a point on the E. line of Sec. 11-121-25, distant 99.8 ft. N- of the SE corner thereof, run NW-ly at an angle of 64056'00" From said E. section line (measure: from N. to W.) for 209.9 ft.; thence deflect to the left at an angle of 10030'00" for 3349.8 fr.; thence deflect to the left at an angle of 77031'00" for 546.5 1:-. :hence deflect to the left at an angle of 8033'00" for 186.2 ft.; thence deflect to the righ: at an angle of 113004100" For 300 fc. to the point of beg. of the line to be thence run SE-ly on the last desc. course For 600 ft. and there shall be permitted along a line run par. with and distant 33 ft. rsterly of Sec. 36-121-?4; also access shall be permitted along the fol. des-- :Er+e: i"ee. at the point of intersection of the S-ly extension of the E. line of Block 13 of :hr i".1, of Blocks A, B and C in Covt. Lot'9 of said Sec. 36 with a line run par. w',.h and 33 Ft. S-ly of the N. line Sec. 1-120•-?4; thence run S-ly to a p,)int dirt n, 7: E--Y (measured at right angles) of the point of termination of Line i desc. brio,, andr:"crc r•e rminat ing; (Continue next page) (37. Continued) Line 1. Beg. at a point on the E. line of said Sec. I, distant 953.8 ft. ti. of the E. t corner thereof; thence run NW-ly at an angle of 57057'00" from said E. section line (measured from N. to W.) for 2338.9 Ft. and there terminating; also access shall be per- mitted along the fol. desc. line: Beg. at a point on a line run par. with and distant 75 ft. S-ly of the N. line of said Sec. 1, distant 100 ft. E-ly of its intersection wish a line run par. with and distant 384 ft. NE-ly of Line 2 desc. below; thence run ,N-ly to a point distant 33 ft. SW-ly (measured at right angles) of a point on Line 3 desc. below, distant 61.7 ft. NW-ly of its point of termination and there terminating; Line 2. Beg. at a point on the E. line of said Sec. 1, distant 97?.44 ft. N. of the E. k cor. thereof; thence run NW-ly at an angle of 45000'00" from said E. section line (measured from N. to W.) for 2688.92 ft.; thence deflect to the left at an angle of 360 24'00" for 669.1 It. and there terminating; Line 3. From the point of termination of Line 2 desc. above, run NE-ly at right angles to said Line 2 for 217 ft. to the point of beg. Qf Line 3 to be desc -; thence deflect to the right at an angle of 90000'00" for 100 ft.; thence deflect to the right on a 2000100" curve (delta angle 8049'00") for 440.8 ft.; thence on tangent to said curve For 1069.4 ft.; thence deflect to the right on a 12000'00" curve (delta angle 49015'00") for 410.4 It. and there terminating; The State of Minn. reserves a perpetual drainage easement, including the installation and maintenance of related drainage structures on that part of the lands herein con.:eye,: in Govt. Lots 7 and 8 of Sec. 7-172-26, which lies within a distance of 25 ft. and 50 ft. SE-ly of Line 4 desc. below: Line 4. From a point on the E. and W. 'c line of Sec. 12-122.2 7, distant ;:. .. of the E. k cor. thereof, run SE-iy at an angle of 36043'00" From said E. and W. (measured from E. to S.) for 727.3 ft.; thence deflect to the right on a (delta angle 16015'00")for 1083.3 ft.; thence on tangent to said curve. fer 335.: the point of beg. of Line 4 to be desc.; thence deflect to the left at a.) angle of fIG 00100" for 231.7 It.; thence deflect to the right on a 38011'50" curve (deltic a:;a,le 660'77100") for 174.0 ft. and there terminating; also the State of Minnesota reserves a perpetual drainage easement, including the :ins a lation and maintenance of related drainage structures on that part of the lands her:ir conveyed in Govt. Lot 3 of Sec. 32-122-25, which lies within a distance of ft 0r va side of Line 5 desc. below: Line 5. From a point on the W. line of Sec. 30-122-25, distant 2036.3 Ft. N. of :he 5v cor. thereof, run SE-ly at an angle of 57o14100" from said W. sec. line (measured fro- 5. LID E.) for 8106.3 ft.; thence deflect to the left on a 0030'00" curve (delta angle :a 1610011) for 453.3 it.; thence on tangent to said curve for 276.7 ft. to the coin_ of be - of E.inc 5 to be desc.; thence deflect to the left at an ;aszglc of 87044100" for 60() f;.. and there terminating. information State I)ecd Tax - - - 38. Mortgage Deed Dated Oct. 2, 1986 Rec. Oct. 7, 1986 at 1:52 PM Book 206 of Mtgs., page 23 File No. 415713 Daniel J. Elden and Patricia Consideration - original principal amount Eiden, husband and wife and Signed properly individually Ack. Oct. 2, 1986 to Security State Bank of St. Michael the full debt, if not paid earlier the yearly rate of 12.0%. Contain required. Mortgage: Lots 7, 8 and 9, Block 1, NWI of NE} of Section 1--120-24, Wright County, Minnesota. To secure $7,974.14 in note dated the same date as this note which provides for monthly payments, with due and payable on Oct. 15, 1989 with interest at s power of sale. Mortgagee's consent to transfer Reg. Tax $12.00 paid 39. Satisfaction of Mortgage. Dated Oct. 16, 1989 and recorded Oct. 24, 1989 at 2:16 PM in Book 92 of Sats., page 876. File No. 464175. Mtg. dated Oct. 2, 1986 and recorded Oct. 7, 1986.in Book 206 of Mtgs., page 23 as file no. 415713 is fully paid and satisfied. 2 GI 7. 12"TR, BIRCH-137.Q9'='� HI 20HZ'.B-tom __ --� -----' H3 W. D 02* 45 k Y 665 O '' � - _. 33 r Y r� 4 R ds 35 rob IL 35 Goy°• .� � i�,". ti ��,� � �� ' � E �+� � '=�^ .--�' :� , • � . FAOV •may , `, � - � � r Ail 13 wt�� (QI� L , ► `; .. L4. .. fir• Y •. ♦ •+ V yam., - �. PK 34 ' t'Z � sQ•_ 't '� PK• EDGE Mq '�t 9pif K \$� P K, EDGE P•. ,; • �' Get �� ;� .rK.•Gry 'C•CESS DP CNIINY LEE 1 • 4� Lots 1-3 bpi) Pf LDts -i- 1 0- � P3. Lost# � 7 Gav Entire Troc New T'H. RI Nieri T HCm R k ♦ �� ti l cad. 44+ LAD t 1 1 4�t• C ► �" "�- R� EQU� ';, `fir f 0 PUrct.i 43.5 6 Curti I Beaujry ,. ft 'a 1 , L_ CITY ❑F ALBERTVILLE FINANCIAL STATEMENT April 16 - April 28, 1992 Beginning Cash Balance April 16, 1992 INCOME (April 16 - April 28, 1992) Building Permits 7,532.67 City Hall Rent 25.00 Dog Licenses 10.00 Fines - Dog Impound Fees 70.❑0 Liquor License 1,200.00 Park Rent 25.00 Reimbur. - Eng. Fees 8,633.75 Sewer Receipts 909.05 Special Assessment 15,999.96 Storm Water Receipts 132.47 Title Search 40.00 TOTAL INCOME EXPENSES (April 16 - April 28) Check Vs 6310 - 6348 17,902.12 (Approved 4/20/92) TOTAL EXPENSES Ending Cash Balance April 28, 1992 INVESTMENTS: CD #150231 (GF) -- matures 6/13/92 @ 4.75% CD #8579 - matures 6/30/92 @ 5.0% CD #8288 Sewer - matures 10/9/92 @ 6.0% CD #8684-Sewer - matures 10/9/92 @ 5.25% 34,577.90 17,902.12 CD #8685 (GF) - matures 10/9/92 @ 5.25% CD #7640 (Lions) - matures 10/16/92 @ 5.25% CD #8286-Sewer - matures 10/10/92 @ 7.25% CD #8289 (GF) - matures 10/10/92 @ 7.25% TOTAL INVESTMENTS $205,378.52 $222,054.30 102,380.39 150,000.00 309,872.88 267,500.00 267,500.00 40,537.19 518,125.00 518.125.00 $2,174,040.46 CITY OF ALBERTVILLE BILLS TO BE PAID May 4, 1992 Check No. Vendor Reason Amount 6349 Barthel, Albert F.D.-Mileage 82.50 6350 Barthel, Mark Apr Council Mtge 127.76 6351 Barthel, Reinhart Temp Labor 27.71 6352 Berning, Duane Apr Council Mtgs 180.08 6353 Cagle, Lenora Logo Contest - 1st 100.00 6354 Culley, Ann PR 5/5 582.84 Mileage 1Q •_7-5- 593,59 6355 Don's Auto Apr. 173.45 6356 Earl Anderson & Assoc Sign repair 873.31 6357 Evergreen Recycling Apr. Services 467.50 6358 Farris, Jim Temp Labor 27.71 6359 Feed -Rite Controls Alum Sulfate 3,440.97 6360 Fehn, Dennis Excavating Ditch cleaning 800.00 6361 Front Line Plus F.D.-Fire Suits 7,525.00 6362 Houghton, Linda PR 5/5 977.07 Mileage 11.25 988.32 6363 I.R.S. PR Taxes 88,89,90 3,971,47 6364 Radlec Excavating 91-2 Pay Rest 79,659.87 6365 Krizek, John Liq. Lic Refund 1,100.00 6366 Latour Constr. - Flow Meter Manhole 5,690.00 6367 Lindsay, Ken PR 5/5 905.57 6368 Minnegasco Apr. Services 138.89 6369 MN Copy Systems Apr. Services 166.59 6370 NSP Apr. Services 2,188.54 6371 P.E.R.A. PR 4/29 395.94 6372 PERA Life Ins. Life Ins 12.00 6373 Petty Cash Reimburse 38.17 6374 Pitney Bowes Postage Meter -Apr 33.00 6375 Potter, Michael April Council 189.32 6376 Radzwill Law afc. Apr. Srvcs. 3,571.00 6377 Roden, Lois & Bill Logo Contest-2nd 50.00 6378 Rutkowski, Mike PR 4/29 681.96 6379 San -Tom Enterprises St. Sweeping 884.00 6380 Saxon Truck Repair 100.00 6381 Security Bank NW PR Taxes 4/29 1,242.57 6382 St. Michale Am. Legion Flag 25.00 6383 United Telephone Apr. Services 233.18 6384 Valerius, Wm. F.D. Mileage 238.00 6385 Vetsch, Donatus April Council 189.32 6386 Walsh, James April Council 249.34 6387 Wright County Hwy Dept Utility Permit Fee 25.00 6388 Wright County Tres 1st half Specials 3,271.82 TOTAL BILLS $120,658.45 ~ CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, �IINNESOTA 55301 PHONE: (fii ) 497-3384 FINES: ANIMAL CONTROL FINES ASSOCIATED WITH ANIMAL PICK UP FEBRUARY 27, 1992 Pick up charge $ 15,00 1st Pink up $ 20•00 2nd Pick up $ 50.00 3rd Pick up $100.00 Any additional pick ups $100.00 The City contracts with Monti,-,ello Animal Control for ,dog catching services. Any animal pick up will be transported t their holding facility and will not be released until all fines and charges are paid. Bearding fees are $8.00 per day and are due and payable at the time of the collecTion of the animal. If you have any questions regarding the Animal tiontrc 1 Ordinance please contact the Cztj Offices during the regular business day. The City cull phone number is 497-3384. A CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 5530I PHONE: 497-3384 COMPLAINT FORM Date of Call Z-l"� 5'-92 Time of Cali Name Of Caller —,r14o , L �lt,�� .c I _, Address Telephone Number Nature of Complaint: �rlt� z rnp ecm fla- r'el l C� r L ii 1 f r are D rl rr c f!1 r e rc0-1011-es C�b rvcLoC:rate Lrft'ari. Action Taken: Action Performed Hy . aRe Our •. . ...... Your Cicy a.' itwi., 04r_ ....:uar J. Business Date