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1999-12-28 Pilot Plan Approval Issues .J.. ,.,. , -'-", PILOT LAND DEVELOPMENT COMPANY December 2S, 1999 Mr. Mayor & Members of the City Council C/o Ms. Linda Goeb City Clerk\Administrator 5975 Main Avenue NE. Albertville, MN 55301 RE: Plan approval issues south of Hi2hwav 118 for Albert Villas Dear Mr. Mayor, Council Members and Staff: This letter serves to confirm numerous telephone conversations with staff as it relates to proposed work and plan approvals on lands south of Highway 11 S. We have reviewed a copy of the revised plans last dated 12-2-99 and staff reports. We understand that the PC passed a motion for denial, which requires a 4/5 vote to overturn and approve as a PUD. We believe that the issues of cui de sacs, usable park land and density can be solved on the phase two parcel by plan modification or density transfer, similar to how Cedar Creek was treated, if the Council feels that adequate public amenities are created. We agree with the Planning Commission that not enough was created in the phase two design to warrant their approval. We did not receive any benefit from the PC for having large wetland areas to . design around in any of our plats of Parks ide, Center Oaks or Cedar Creek. We were able to incorporate them, as has this plat into larger lot areas, while. still providing usable front and rear yards. . Our tradeoff came from a golf course, which provided an amenity to the City and the surrounding lots. We support the project under the following conditions. 1. It appears that phase one stands alone quite well. We do not understand why staff would encourage a berm to screen views to the golf course from the double fronted lots, since it is due to the golf course that this land has some demand to develop in the first place. We agree with the Planning Commission that any approval for phase two be withheld until a suitable plan is created. Perhaps you can approve phase one and withhold phase two to a future time. It does not appear that NAC has suggested enhancements as recommended tradeoffs for the R-l10t sizes. For Example: If the R-l10t widths were approved, than each smaller lot should have 4 trees, with two as boulevard types in a larger caliper installed before the home building. Regular lots would have the standard 2 trees. This is an added value helping to make the neighborhood something different. 2. That said, we can not support an approval which requires Pilot to cause any of our TH dwelling units to gravity drain to a lift station on the other side of Hwy lIS unless we are not charged any of the additional costs of added depth and capacity for the lift station, additional overhead power, upsized pumps and panels and transformers or road jacking which are over and above those necessary to serve the Cedar Creek design approved with our master plan. A condition to approve must carry the language to dedicate the land for a lift station along with any required waiver of assessments to allow for the construction prior to causing Pilot to change from our approved design. Our approved design would stand until the easement or land is dedicated to Albertville. 3. During our construction process we had to bring 3-phase power to our work site from Highway 19 at a cost of over $30,000. This improvement also provided power and a transformer for our planned lift . station. We previously requested Council to add 3 phase power costs to an area charge for the new land arid rebate Pilot some percentage. A vote to approve would cause a subsidy to new lands that 1 13736 Johnson Street NE . Ham Lake, MN 55304 . 757-9816 . Fax: 757-4094 .. ....^ l. have not paid for the improvement So long as Pilot does not need to pay any additional costs for power to a new lift station location off of our site, we would not object. 4. We have previously asked Council to amend the benefited sewer area map for rebate to Kenco for the trunk sewer constructed under Hwy 19 and through Barthells land to serve Parkside and all the lands west ofHwy 19. At the time the map was created by SEH, a choice to not include the Albert Villas lands was made due to the unlikely development potential within the comprehensive guide plans 10 to 20 year period. So, the map boundary was stopped at Highway lIS. There was a 12-year payback period ofwhich 2.5 years are over. In addition, the City granted rezoning to the Leander Heuring parcel, causing their reconsideration to sell and develop in the short term since they could get more for their land in the future. This may have removed 40 acres from the likely rebate area to Kenco during the 12-year payback period. Since this proposal for 250 acres is on the table, it seems appropriate to amend the boundary, and allow Kenco to be rebated in the spirit of the original document. We again request the City expand the benefited area prior to any final guide plan change and preliminary plats with a rebate to Kenco under the terms of the Parkside 3rd agreement. We do believe that a sewer flow capacity question should be addressed as it relates to flows from these new sites through Cedar Creek, Center Oaks, Parkside 1,2,3,4, Summerfield and across Highway 19. 5. During 1995, the farmers along ditch 9 believed they could not afford to participate in the ditch cleaning, so Pilot land offered to do so. It was discussed with the attorney, the City Administrator at the time, and the Engineer, that Pilot be eligible for a fair share rebate of costs from trunk storm sewer utility fees, since the ditch cleaning benefited the City for the next 20 years and served more than just new development that Pilot was undertaking. Our work cost $25,000 in excavation and $12,000 in engineering. We believe that work done in the area South of Highway liS should be under a substantial rebate if development proceeds, since it clearly benefits their property both for agriculture in the short term and development in the long term, and they have received more than fair compensation for their land. 6. Any engineering costs to design the lift station, site it or bid it should not be Pilot costs since ours would have been built privately. This should be outlined in an approval condition. 7. We have an engineering concern that without a guarantee that the second phase connect to S1. Michael for water looping, that additional water mains may be needed along Highway IS. We would have zero use for any lines along IS and could not participate in any assessment, which would be proposed as part of that need. S. Last, with development approval pending, we wish to hear what the City has discovered regarding joint trail construction within Wright County Highways ROWand the school district as they upgrade the road. These are the most significant planning and financial issues, which we dealt with during our approvals, and we would expect similar consideration and results from this project. ~. ~ ~ Land Development Director Cc: Kent Roessler \\ServerO 1 \don\LANDDEV\LEITERS\PROJECTS\ALBRTVLE\OPERATlO\harstedques.dpc