2000-05-31 CC Findings of Fact Decision Final Plat
5-31-00
CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
- Final Plat
Applicant's Name: Kollville Estates Final Plat. DouQ Psvk.
Request: Leuer-Munstertieger Properties has submitted a final plat for KollvilJe Estates PUD
project. The final plat consists of 73 townhome lots and is consistent with the
approved Kollville Estates preliminary plat.
City Council Meeting Date: 5 June 2000
Findings of Fact: Based on review of the application and evidence received, the City Council
now makes the follo'Ning findings of fact and decision:
1. The legal description of the sUbject property is attached as Exhibit A.
2. The NAC planning report dated 31 May 2000 is incorporated herein.
3. The final plat is consistent with Kollville Estates Preliminary Plat, approved in April of 2000.
Decision: Based on the foregoing considerations and applicable ordinances, the applicant's
request for approval of KollvilJe Estates Final Plat has been approved based on the most current
plans and information received to date, subject to the following conditions:
Conditions of Preliminary Plat and Site Plan Aporoval:
4. The PUD and preliminary must show conformance with the minimum building separation
requirements of Zoning Ordinance 2700.2(n). Building height information must be
submitted to determine whether the spacing is in conformance.
5. The pun and preliminary plat shall be amended to indicate the total area calculation
proposed to be covered by buildings. (The maximum building coverage shall not exceed
50% of the project area.)
6. All townhome unit plans shall incorporate varied architectural elements, alternative unit
styles, and a variety of exterior materials. Exterior building elevations (including front, side
and rear) drawn to scale for each of the four to'v\11home unit styles shall also be submitted.
The building elevation drawings shall indicate the height of all proposed buildings.
7. A sample and list of proposed building materials and colors shall be submitted.
8. The applicant shall submit bUilding floor plans (to scale) indicating the dimensions and
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EXHIBIT A
square foot calculations for each of the four (4) proposed unit types.
10. The landscape plan shall be amended to incorporate the following:
9. The homeowners association agreements should be amended to include language that
a license shall be obtained from the City of Albertville prior to the leasing of any unit.
a. An irrigation system shall be installed to ensure landscape materials survive and
to enhance the project appearance.
b. The private parking lot areas shall be screened from the adjacent residential units
by landscaping and/or vinyl fencing.
c. All areas of the project that are not covered by buildings, hard surfaces or
specifically called out on the landscape plan shall be sodded.
d. The type of foundation plantings proposed for all buildings facing north, should be
modified to shade tolerant species.
e. The landscape plan shall indicate the means to screen equipment such as air
conditioning cooling structures or condensers. The location of such equipment
shall also be shown on the exterior plan elevations and typical unit floor plants.-
8. A property maintenance agreement and property owners association covenants are
prepared by the applicant and submitted to the City Attorney for review and approval
subject to the requirements of Sections 1100 and 2700 of the City Zoning Ordinance. The
agreements, covenants, and restrictions are to be filed with the Wright County Recorders
office as a deed restriction against the title of each unit lot.
9. . A Soil Erosion Control Plan shall be submitted acceptable to the City Engineer, Watershed
District, DNR, and any other agency with review authority clearly illustrating erosion control
measures to be used during construction and as permanent measures.
10. The preliminary plat map shall be amended to indicate the unit type that will be constructed
for each lot within the development.
11. If a subdivision identification sign is desired by the developer to identify Kollville Estates,
a sign plan shall be submitted for review and approval of the City Planner.
12. A detailed lighting plan should be submitted specifying the style, height, strengthlwattage
and distribution of exterior lights proposed on the property and exterior of the buildings.
Exterior lighting shall be provided for all overflow parking lot areas at a minimum. All
exterior lighting on site must be arranged as to deflect light away from public streets. The
source of lights shall be hooded.
13. The storm water management ponds shall be planned and constructed in a manner to be
as aesthetically pleasing as possible (i. e. to hold water and contain natural wetland plant
species along the perimeter of the ponds.)
14. Separate public utility service shall be provided to each subdivided unit lot. All grading,
drainage. street and utility issues shall be subject to review and approval of the City
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Engineer.
15. A complete set of revised PUD and preliminary plat plans (1" - 100' scale and one copy
reduced to 11" x 17") shall be submitted to the City of Albertville, City Planner (NAC Inc.),
City Attorney (Michael Couri), and the City Engineer (S.E.H.), within 30 days of City
Council approval, incorporating all conditions of approval. The PUD will serve as the
guide for all future final plat applications for this project.
16. The park dedication for the project should consist of the .24 acre park lot and cash
dedication of $1,300 dollars per unit. The trail, sidewalk and land dedication shall be
credited pursuant to the provisions of the Subdivision Ordinance.
17. The preliminary plat is revievved and found to be acceptable to the Albertville Fire
Department.
18. The preliminary plat is reviewed by and found to be acceptable by Wright County.
19. A Storm Water Pollution Control Plan and escrow is submitted subject to the approval of
the City Engineer.
20. Any other conditions as set forth by other City Staff, Sherburne County or City Council.
Conditions of Final Plat Approval:
21. All grading, drainage, and utility issues are reviewed and approved by the City Engineer.
22. An approved landscape plan must be implemented by the developer.
23. The developer shall submit a Storm Water Pollution Control Plan and escrow consistent
with the requirements of the Subdivision Ordinance and subject to review and approval of
the City Engineer.
24. All required driveway, utility and other permits required by the City Engineer and/or Wright
County shall be obtained by the applicant.
25. A current title or commitment of title insurance shall be submitted acceptable to the City
Attorney.
26. 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 building permits
for the lots.
27. A developer's agreement is prepared by the City Attomey and signed by the applicant.
26. All fees associated with this project shall be paid prior to the release of the final plat mylars
to the applicant.
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29. The developer shall provide financial security for all applicable site improvements,
acceptable to the City Engineer and City Attorney.
30. 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 within 120 days will render the final plat null and void.
31. The City Council reserves the right to allocate wastewater treatment plant capacity in a
manner it believes to be in the public's best interest.
32. Any other conditions as set forth by the City Council, City staff, City Consultants, or other
agency responsible for review of this application.
Adopted by the Albertville City Council this 5th day of June, 2000.
City of Albertville
By:
Mayor John Olson
Attest:
Linda Goeb, City Clerk
pc: Linda Goeb, Mike Couri, Pete Carlson, Kevin Mealhouse, Scott Dahlke
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EXHIBIT A
LEGAL DESCRIPTION OF KOLLVlLLE ESTATES
That part of the East Half of the Southwest Quarter of Section 35, TOWlship 121, Range 24,
Wright County, Minnesota, lysing south of the Bur1ington Northern Railroad. Except therefrom
that part platted as Fairfield according to the plat thereof on file and of record in the office of the
County Recorder, Wright County, Minnesota.
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TOTAL P.12
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ALBERTVILLE CITY COUNCIL
June 5, 2000
Albertville City Hall
7:00 PM
PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Keith
Franklin, Gary McCormack, and John Vetsch, City Engineer Pete Carlson, City
Attorney Marcus Miller, and City Administrator-Clerk Linda Goeb
order.
Mayor Olson called the regular meeting of the Albertville City Council to
The agenda was amended as follows:
· Delete Items 5a and 5e(2) - Fire Hall
· Add Item 5c(6) - Request from JMJ Properties to reduce amount of Letter of
Credit for the Outlets at Albertville
· Add 5e(5) - Fire Hall
· Add Item 5e(6) - Fire Vehicle
· Add Item 5e(7) - Nuisance Issues
· Add 5c(7) - Update on Parks
· Add Item 5e(8) - Budget
Gundersen made a motion to approve the agenda as amended. McCormack seconded
the motion. All voted aye.
Gundersen made a motion to approve the minutes of the May 15,2000, meeting
with the correction that Councilmember McCormack was present. Franklin seconded
the motion. All voted aye.
Franklin made a motion to approve the minutes of the May 17, 2000, Board of
Review meeting as presented. McCormack seconded the motion. Olson, Franldin,
Vetsch and McCormack voted aye. Gundersen abstained. The motion carried.
Mayor Olson asked if anyone present wished to address the Council under the
Citizen Forum portion of the agenda.
Chris Molesky questioned if the letters regarding the seeding backyards had
been sent. Administrator Goeb stated the letters were mailed last week. He
questioned whether the attorney had sent the letter to the property owner who
constructed a fence on his property. City Attorney Marcus Miller will check the files
to determine if the letter has been sent.
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EXHIBIT
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ALBERTVILLE CITY COUNCIL
June 5, 2000
Page 2 of7
Chris Catlin, representing the Joint Powers Board engineers, requested that the
Council consider allowing the contractor for the water treatment facility to proceed
with the building construction with a temporary building permit. Catlin explained the
engineers had failed to submit the site plan in time for the last Planning & Zoning
meeting and are now scheduled for the June Planning Commission meeting. It was the
consensus of the Council that the proper procedures must be followed before a
building permit will be issued.
Jerry Lehn, representing Sylvester Kolles, requested some information
regarding the grading on the proposed Kollville Estates property. The Council
explained that a Grading Permit has been granted to the developer to begin grading on
the project site.
Franklin made a motion to approve payment of Check #'s 13120-13154 as
presented. Vetsch seconded the motion. All voted aye.
Franklin made a motion to approve a 3.2 License for the Albertville Jaycees
June 9t\ loth, and 11th from 8:00 AM to Midnight at City Park. Vetsch seconded the
motion. All voted aye.
Franklin made a motion to approve a 3.2 License for the Albertville Jaycees
June lOth from 6:00 PM to Midnight at St. Albert's Parish Center. Vetsch seconded
the motion. All voted aye.
Franklin made a motion to approve a 3.2 License for St. Albert's Parish on July
16th from 9:00 AM to 7:00 PM. Vetsch seconded the motion. All voted aye.
City Planner Deb Garross reviewed the final plat for Kollville Estates, which
consists of 73 townhome lots. The preliminary plat was approved by the City Council
in April and is consistent with the proposed final plat.
McCormack rnade a motion to approve the Findings of Fact & Decis~
granting final plat approval to the Kollville Estates development, subject to the I
conditions detailed in the Findings. Franklin seconded the motion. All voted aye. J
Garross reviewed the final plat, the Comp Plan amendment and the rezoning
issues for the Albert Villas plat. The development consists of 170 single family homes
locates south of County Road 18 and north of County Ditch 9. Garross recommends
the Council approve Resolution #2000-13 (A Resolution of the City of Albertville,
Wright County, Minnesota, to amend the Comprehensive Plan to Change the Land Use
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ALBERTVILLE CITY COUNCIL
June 5, 2000
Page 3 of7
Designation of Property Within the Projects Known as Albert Villas), Ordinance
#2000-4 (An Ordinance Amending the Zoning Ordinance of the City of Albertville to
Provide for a Change in Zoning Classification), and the Findings of Fact & Decision
approving the Albert Villas final plat.
Matt Davich requested that Item #15 requiring that Outlots A and B are deleted
and the lot lines of Lot I, Block 1 and Lots I through 9, Block 2 be extended to the
west end of the plat. Davich explained that the developer has control of the adjoining
property located in the City of St. Michael and may wish to replat the outlots into the
development of that property. Staff and the Council explained the property within the
City of Albertville must be platted without consideration given to property outside the
corporate limits.
Vetsch made a motion to table action on all issues with the Albert Villas project
until City Attorney Couri is present to review the issue. There was no second to the
motion.
Franklin made a motion to adopt the Findings of Fact & Decision approving the
Albert Villas final plat, as recommended by the city planner. There was no second to
the motion.
The developer, Edina Development Corporation, stated that he will conform to
the requirements of Item # 15 and eliminate the two outlots.
Franklin made a motion to adopt RESOLUTION #2000-13 titled A
RESOLUTION OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY,
MINNESOTA, TO AMEND THE COMPREHENSIVE PLAN TO CHANGE
THE LAND USE DESIGNATION OF PROPERTY WITmN THE PROJECT
KNOWN AS ALBERT VILLAS. McCormack seconded the motion. Franklin,
McCormack, Gundersen, and Olson voted aye. Vetsch voted no. The motion carried.
Franklin made a motion to adopt ORDINANCE #2000-4 titled AN
ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
ALBERTVILLE TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION. McCormack seconded the motion. Franklin, McCormack,
Gundersen and Olson voted aye. Vetsch voted no. The motion carried.
McCormack made a motion to adopt the Findings of Fact & Decision granting
final plat approval for the Albert Villas project. Franklin seconded the motion.
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ALBERTVILLE CITY COUNCIL
June 5, 2000
Page 4 of7
McCormack, Olson, Gundersen, and Franklin voted aye. Vetsch voted no. The
motion carried.
City Engineer Carlson presented the Feasibility Study for the completion of
Barthel Industrial Drive. Estimated cost of the project if $206,919. There will be no
sewer extension in the project, however, the water main will be extended to complete a
looped system with 50th Street. The street is proposed to be constructed to 9- Ton
standards with concrete curb and gutter. The land had been platted and there will be
no land acquisition costs. The City will need to bond for the costs of the project, since
there will not likely be any property to be assessed.
Gundersen made a motion to accept the Feasibility Study as presented, schedule
a public hearing on the project on July 5, 2000, at 7:30 PM, and authorize the city
engineer to proceed with plans and specs for the Barthel Industrial Drive completion.
Franklin seconded the motion. Gundersen, Franklin, McCormack and Olson voted
aye. Vetsch voted no. The motion carried.
Carlson presented nineteen items from the wastewater treatment facility
expansion project that can be cut from the project at a cost reduction of $212,600.
None of the items will affect the performance of the WWTF plant.
The Council reviewed and discussed the revised debt schedule with the new
SAC fee and the increased collar amount of the bond. The schedule shows the SAC
fund will be approximately $850,000 at end of the life of the bond.
Gundersen made a motion to increase the SAC fee to $4,000 per unit effective
immediately. Vetsch seconded the motion. Vetsch and Gundersen voted aye.
McCormack, Franklin and Olson voted no. The motion failed.
Franklin made a motion to approve the WWTF expansion project with the
reductions as presented. McCormack seconded the motion. Franklin, McCormack,
Olson and Gundersen voted aye. Vetsch voted no. The motion carried.
Carlson presented the plans and specs for the Southwest Lift Station project.
Estimated cost of the project is $244,043, which will be paid by the Trunk Access
Charges collected from benefited acres. There will be no assessments on this project.
Vetsch made a motion to approve the plans and specs for the Southwest Lift
Station Project and authorize advertisement for bids. McCormack seconded the
motion. All voted aye.
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ALBERTVILLE CITY COUNCIL
June 5, 2000
Page 5 of7
Carlson reviewed the 2000 Street Overlay Project consisting of an overlay on
Barthel Industrial Drive and improvements to the pedestrian trail. Estimated costs for
the project are $64,695.
Gundersen made a motion to approve the 2000 Street Overlay project with the
addition of milling on the curve, striping of the pedestrian trail, and paving the street
approximately one and a half feet on the north shoulder, and to authorize the engineer
to advertise for bids for the project. Franklin seconded the motion. All voted aye.
Carlson presented two options for improving the drainage in the City
Park/Central Rivers ditch area. Regrading the ditch on the south side is estimated at
$3,770; grading the ditch and adding piping is estimated to cost $7,670.
Vetsch made a motion to approve Option I (grading only) at an estimated cost
of $3,770. Franklin seconded the motion. All voted aye. Central Rivers will be
contacted regarding cost sharing.
McCormack made a motion to approve a reduction to 10% of the total Letter of
Credit for JMJ Properties for the Outlots at Albertville. Franklin seconded the motion.
All voted aye.
Carlson will present a revised plan for City Park at the next meeting.
McCormack made a motion to approve the Conditional Use/Planned Unit
Development Agreement for the Albert Villas project as revised. Franklin seconded
the motion. McCormack, Franklin, Gundersen and Olson voted aye. Vetsch voted no.
The motion carried.
Franklin made a motion to approve the Developer's Agreement for the Cedar
Creek South 4th Addition as presented. Gundersen seconded the motion. All voted
aye.
Franklin made a motion to approve the Developer's Agreement for the Cedar
Creek North 3rd Addition as presented. McCormack seconded the motion. All voted
aye.
The Council tabled discussion on the house and garage size to the next meeting.
ALBERTVILLE CITY COUNCIL
June 5, 2000
Page 6 of7
The Council discussed constructing sidewalks along 53rd Street to Lambert
Avenue. Council member Franklin stated he is opposed to having the sidewalk
constructed through Psyk's 5th Addition.
Don Peterson, who lives on 53rd Street in Psyk's 5th Addition stated he is
opposed to having a sidewalk on his yard. He would prefer to have the street striped
with a walking path.
Doug Psyk stated he and the most neighbors prefer a concrete sidewalk and
would prefer the sidewalk be constructed immediately behind the curb.
Vetsch made a motion to construct a 4' wide sidewalk immediately behind the
curb on 53rd Street. McCormack seconded the motion. The motion was discussed and
it was questioned whether the City would be responsible for repairs to sprinkler
systems, landscaping, etc. located on the easement. Councilmember Vetsch feels the
City should be responsible. The other councilmembers disagreed with the City being
responsible for the cost of items in the easement.
Mayor Olson called for a vote on the motion on the table. McCormack voted
aye. Gundersen, Olson and Vetsch voted no. Franklin abstained. The motion failed.
Vetsch made a motion to table further discussion of the sidewalk issue. There
was no second to the motion. The motion requiring a 5' sidewalk to be installed on
53rd Street from Main Avenue to one lot past Lachman Avenue is in effect.
The Council discussed the floor of the apparatus bay in the fire hall. The
Contractor is awaiting design drawings from his architect. Those drawings are
expected to be completed mid-week. Gundersen made a motion to authorize Duane
Day and the Fire Department Building Committee to review the plans as soon as they
are available and authorize work to begin if the plans are acceptable. McCormack
seconded the motion. All voted aye.
Assistant Fire Chief Scott Black reported that the Fire Department would like to
purchase the Public Works Department's Chevy pickup when it is due for
replacement. The Fire Department will modify the pickup to use for a grass rig.
Administrator Goeb will check the budget and the reserves to determine if there is
money available to purchase a new vehicle for the Public Works Department at this
time.
The Council will schedule preliminary budget meetings beginning in July.
ALBERTVILLE CITY COUNCIL
June S, 2000
Page 7 of7
Gundersen made a motion to adjourn at 10:25 PM. McCormack seconded the
motion. All voted aye.
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