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1994-10-20 Jurisdiction Hearing Phone: (612) 296-2428 Fax: (612) 296-9926 Twin Cities TOO: (612) 297-5353 Greater MN TOO: 1-800-627-3529 An Equal Opportunity Employer TO: FROM: DATE: SUBJEcr: STATE OF MINNESOTA MUNICIPAL BOARD 475 McColl Building 366 Jackson Street (5th & Jackson) 51. Paul, Minnesota 55101-1925 MEMORANDUM Parties of Recor~ Terrence A. Merrit~ Executive Director October 20, 1994 D-311 Otsego/A-5384 Albertville (Becker/Roessler Petition) D-312 Otsego/A-5402 Albertville (D'AiglejValerius Petition) Pursuant to concurrent requests, the hearing on the above- referenced matters scheduled for October 26, 1994 has been continued to January 12, 1995 at 10:00 a.m. in the council Chambers of the Otsego City Hall. You may not wish to be at the hearing on October 26th, as I will open the hearing only to take jurisdiction and immediately continue it to January 12, 1995. TAM:sjh An Equal Opportunity Employer Phone: (612) 296-2428 Fax: (612) 296-9926 Twin Cities TOO: (612) 297-5353 Greater MN TOO: 1-800-627-3529 STATE OF MINNESOTA MUNICIPAL BOARD 475 McColl Building 366 Jackson Street (5th & Jackson) St. Paul, Minnesota 55101-1925 September 30, 1994 Dale Powers City Administrator Albertville City Hall P.O. Box 131 Albertville, MN 55301 Re: Preparation for detachment/annexation hearing - D-312 otsego/ A-5402 Albertville Dear Mr. Powers: A hearing will be held by the Municipal Board on the above- proposed boundary adjustment. Minnesota Statutes 414 requires the Municipal Board to consider certain specified factors in arriving at its decision. It is important that you are prepared to present adequate testimony since the evidence you present will be the sole basis for the board's decision. State aids to your governmental unit may be adjusted because of the board's decision and will be based upon the evidence received at the hearing. One example is that the Department of Revenue will adjust the Local Government Aids distribution based on the data you present at the board hearing on the following: (1) population of the territory proposed for detachment/annexation and both cities, (2) the net tax capacity for the property proposed for detachment/annexation and both cities, (3) the tax rate for both cities. The parties involved may jointly stipulate specific facts which will expedite the proceeding. Enclosed is a suggested format for preparing a stipulation that is used for annexation under M.S. 414.031 and which may be helpful even though some parts may have to be modified for detachment/annexation. Please cross out any areas that cannot be stipulated and make any attachments necessary. The stipulation should not be regarded as complete evidence for the proceeding. Its aim is to assist those involved in preparation for the hearing. If complete and accurate evidence is presented, it Dale Powers Page Two September 30, 1994 will facilitate a more expeditious decision. We also call to your attention the Rules of the Minnesota Municipal Board and specifically Rule 6000.1200, which requires the petitioner to notify the board at least seven days prior to the hearing of any personal knowledge of controversy regarding the hearing. We also reauest all parties to alert our office on the number of witnesses and the approximate expected time their testimony will require at the hearinq. Notice may be given either by a letter or phone call to the Municipal Board Off ice. Any request for continuance of a hearing should be submitted to the board 10 days before the hearing. Rules of the Minnesota Municipal Board may be purchased from the Documents Section, 117 University Avenue, st. Paul, Minnesota 55155, (612) 297-3000. The rules are also contained in Minnesota Statutes Annotated immediately following Chapter 414 in the pocket part. If you are going to have legal representation at the hearing, it is strongly recommended that you forward this letter to your attorney. Please contact our office if you have any questions or if additional clarification is needed. Sincerely, MUNICIPAL BOARD ~d(~ Assistant Director PDL:ry Enclosures D-312 otsego/A-5402 Albertville BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Robert J. Ferderer John W. Carey Dorothy E. Kobs Chair Vice Chair Commissioner ---------------- IN THE MATTER OF THE PETITION FOR THE DETACHMENT OF CERTAIN LAND FROM THE CITY OF OTSEGO AND ANNEXATION TO THE CITY OF ALBERTVILLE PURSUANT TO MINNESOTA STATUTES 414. ) ) ) ) ) NOTICE OF HEARING Notice is hereby given that a public hearing will be held pursuant to Minnesota Statutes 414, as amended, before the Minnesota Municipal Board in the above-entitled matter. The hearing will be held on the 26th day of October, 1994 in the Council Chambers of Otsego City Hall, otsego, Minnesota commencing at 10:00 a.m. All persons shall be given an opportunity to be heard orally and to submit written data, statements or arguments concerning the above-entitled matter. The right to testify and the admission of testimony and other evidence shall be governed by the Rules of the Minnesota Municipal Board. [The Rules of the Minnesota Municipal Board may be purchased from the Documents Section, 117 University Avenue, st. Paul, Minnesota 55155, (612) 297-3000.] The property proposed for detachment and annexation is described as follows: Lots 1 and 2, of section 36, Township 121, Range 24, according to United States Government Survey, except that part of Government Lot 1 described as follows: Commencing at the Northwest corner of said Government Lot 1; thence deflect 88 degrees 56 minutes right from ICU5t-E..iL An Equal Opportunity Employer Phone: (612) 296-2428 Fax: (612) 296-9926 Twin Cities TOO: (612) 297-5353 Greater MN TOO: 1-800-627-3529 STATE OF MINNESOTA MUNICIPAL BOARD 475 McColl Building 366 Jackson Street (5th & Jackson) St. Paul, Minnesota 55101-1925 September 30, 1994 Dale Powers City Administrator Albertville City Hall P.O. Box 131 Albertville, MN 55301 Re: Preparation for detachment/annexation hearing - 0-311 otsego/ A-5384 Albertville Dear Mr. Powers: A hearing will be held by the Municipal Board on the above- proposed boundary adjustment. Minnesota Statutes 414 requires the Municipal Board to consider certain specified factors in arriving at its decision. It is important that you are prepared to present adequate testimony since the evidence you present will be the sole basis for the board's decision. State aids to your governmental unit may be adjusted because of the board's decision and will be based upon the evidence received at the hearing. One example is that the Department of Revenue will adjust the Local Government Aids distribution based on the data you present at the board hearing on the following: (1) population of the territory proposed for detachment/annexation and both cities, (2) the net tax capacity for the property proposed for detachment/annexation and both cities, (3) the tax rate for both cities. The parties involved may jointly stipulate specific facts which will expedite the proceeding. Enclosed is a suggested format for preparing a stipulation that is used for annexation under M.S. 414.031 and which may be helpful even though some parts may have to be modified for detachment/annexation. Please cross out any areas that cannot be stipulated and make any attachments necessary. The stipulation should not be regarded as complete evidence for the proceeding. Its aim is to assist those involved in preparation for the hearing. If complete and accurate evidence is presented, it Dale Powers Page Two September 30, 1994 will facilitate a more expeditious decision. We also call to your attention the Rules of the Minnesota Municipal Board and specifically Rule 6000.1200, which requires the petitioner to notify the board at least seven days prior to the hearing of any personal knowledge of controversy regarding the hearing. We also request all parties to alert our office on the number of witnesses and the approximate expected time their testimony will require at the hearinq. Notice may be given either by a letter or phone call to the Municipal Board Office. Any request for continuance of a hearing should be submitted to the board 10 days before the hearing. Rules of the Minnesota Municipal Board may be purchased from the Documents section, 117 University Avenue, st. Paul, Minnesota 55155, (612) 297-3000. The rules are also contained in Minnesota statutes Annotated immediately following Chapter 414 in the pocket part. If you are going to have legal representation at the hearing, it is strongly recommended that you forward this letter to your attorney. Please contact our office if you have any questions or if additional clarification is needed. Sincerely, MUNICIPAL BOARD Patricia D. Lun y Assistant Director PDL:ry Enclosures D-312 otsego/A-5402 Albertville j) #(\CL BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Robert J. Ferderer John W. Carey Dorothy E. Kobs Chair Vice Chair Commissioner ---------------- IN THE MATTER OF THE PETITION FOR THE DETACHMENT OF CERTAIN LAND FROM THE CITY OF OTSEGO AND ANNEXATION TO THE CITY OF ALBERTVILLE PURSUANT TO MINNESOTA STATUTES 414. ) ) ) ) ) NOTICE OF HEARING Notice is hereby given that a public hearing will be held pursuant to Minnesota Statutes 414, as amended, before the Minnesota Municipal Board in the above-entitled matter. The hearing will be held on the 26th day of October, 1994 in the Council Chambers of Otsego City Hall, Otsego, Minnesota commencing at 10:00 a.m. All persons shall be given an opportunity to be heard orally and to submit written data, statements or arguments concerning the above-entitled matter. The right to testify and the admission of testimony and other evidence shall be governed by the Rules of the Minnesota Municipal Board. [The Rules of the Minnesota Municipal Board may be purchased from the Documents Section, 117 University Avenue, st. Paul, Minnesota 55155, (612) 297-3000.] The property proposed for detachment and annexation is described as follows: Lots 1 and 2, of section 36, Township 121, Range 24, according to united States Government Survey, except that part of Government Lot 1 described as follows: Commencing at the Northwest corner of said Government Lot 1i thence deflect 88 degrees 56 minutes right from D-312 otsego/A-5402 Albertville BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Robert J. Ferderer John W. Carey Dorothy E. Kobs Chair vice Chair Commissioner ---------------- IN THE MATTER OF THE PETITION FOR THE DETACHMENT OF CERTAIN LAND FROM THE CITY OF OTSEGO AND ANNEXATION TO THE CITY OF ALBERTVILLE PURSUANT TO MINNESOTA STATUTES 414. ) ) ) ) ) NOTICE OF HEARING Notice is hereby given that a public hearing will be held pursuant to Minnesota Statutes 414, as amended, before the Minnesota Municipal Board in the above-entitled matter. The hearing will be held on the 26th day of October, 1994.in the Council Chambers of otsego City Hall, otsego, Minnesota commencing at 10:00 a.m. All persons shall be given an opportunity to be heard orally and to submit written data, statements or arguments concerning the above-entitled matter. The right to testify and the admission of testimony and other evidence shall be governed by the Rules of the Minnesota Municipal Board. [The Rules of the Minnesota Municipal Board may be purchased from the Documents Section, 117 University Avenue, st. Paul, Minnesota 55155, (612) 297-3000.] The property proposed for detachment and annexation is described as follows: Lots 1 and 2, of section 36, Township 121, Range 24, according to United States Government Survey, except that part of Government Lot 1 described as follows: Commencing at the Northwest corner of said Government Lot 1; thence deflect 88 degrees 56 minutes right from D-311 otsego/A-5384 Albertville BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Robert J. Ferderer John W. Carey Dorothy E. Kobs Chair Vice Chair Commissioner IN THE MATTER OF THE PETITION FOR THE DETACHMENT OF CERTAIN LAND FROM THE CITY OF OTSEGO AND ANNEXATION TO THE CITY OF ALBERTVILLE PURSUANT TO MINNESOTA STATUTES 414. NOTICE OF HEARING Notice is hereby given that a public hearing will be held pursuant to Minnesota Statutes 414, as amended, before the Minnesota Municipal Board in the above-entitled matter. The hearing will be held on the 26th day of October, 1994 in the Council Chambers of Otsego City Hall, Otsego, Minnesota commencing at 10 00 a.m. All persons shall be given an opportunity to be heard or lly and to submit written data, statements or arguments conce ning the above-entitled matter. The right to testify and the dmission of testimony and other evidence shall be governed by the ules lof the Minnesota Municipal Board. [The Rules of the Minnesota Municipal Board may be purchased from the Documents Section, 117 University Avenue, st. Paul, Minnesota 55155, (612) 297-3000.] The property proposed for detachment and annexation is described as follows: West half of SW quarter of Section 35, Township 121 N, Range 24 West, County of Wright. After all testimony is complete and the record is closed, the D-311 otsego/A-5384 Albertville BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Robert J. Ferderer John W. Carey Dorothy E. Kobs Chair Vice Chair Commissioner ------------.---- ----------- IN THE MATTER OF THE PETITION FOR THE DETACHMENT OF CERTAIN LAND FROM THE CITY OF OTSEGO AND ANNEXATION TO THE CITY OF ALBERTVILLE PURSUANT TO MINNESOTA STATUTES 414. ) ) ) ) ) NOTICE OF HEARING ---------------- ----------- Notice is hereby given that a public hearing will be held pursuant to Minnesota Statutes 414, as amended, before the Minnesota Municipal Board in the above-entitled matter. The hearing will be held on the 26th day of October, 1994 in the Council Chambers of Otsego city Hall, Otsego, Minnesota commencing at 10:00 a.m. All persons shall be given an opportunity to be heard orally and to submit written data, statements or arguments concerning the above-entitled matter. The right to testify and the admission of testimony and other evidence shall be governed by the Rules of the Minnesota Municipal Board. [The Rules of the Minnesota Municipal Board may be purchased from the Documents section, 117 University Avenue, st. Paul, Minnesota 55155, (612) 297-3000.] The property proposed for detachment and annexation is described as follows: West half of SW quarter of section 35, Township 121 N, Range 24 West, County of Wright. After all testimony is complete and the record is closed, the 7. Project Magnitude Data Total Project Area (acres) Number of Residential Units Unattached . 89 .. or Length (miles) Attached Commercial/Industrial / Institutional Building Area (gross floor space) Total square feet; - See Attached - Indicate area of specific uses: Office Retail Warehouse Light Industrial Other Commercial (specify) Building HeightCs) 8. Permits and Approvals Required List all known local, state, and federal permits, approvals, and funding required: Unit of Government Type of Application Status MPCA General Storm Water Permit to be acquired MPCA Sewer Extension Permit to be acquired DNR Wetland Mitigation Permit to be acquired Joint Powers.Water System Watermaip..Extension to be acquired MN Dept. of Health WatermaiiiExtension to be acquired Army Corp~ of Engineers Wetland Mitigation to be acquired Wright County C.R. Access Permittd be acquired Final Plat to be acquired \ Manufacturing Other Industrial Institutional Agricultural ( 9. Land Use Describe current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or'abandoned storage tanks. - See Attached - 10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development (before and after totals should be equal): .. Types 2 to 8 Wetlands Wooded/Forest Brush/Grassland Cropland Before 6.8 o 4.1 R4.1 After 6.8 o 3.75 ]3.6 Before Urban/Suburban Lawn 0 Landsc~ping Impervious Surface 0 Other (describe) 0 Park & Sedimentation After 34.3 26.6 9.5 11. Fish, Wildlife, and Ecologically Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. - See attached - 2 " b. Are there any state-listed endangered, threatened, or special-concern species; rare plant commUnities; colonial waterbird nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near the site? 0 Yes 0 No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. - See Attached - 18. Water Ouallty . Surface Water Runoff a. Compare the quantity and quality of site rUnoff before and after the project. Describe methods to be used to manage and/or treat runoff. - See Attached - 'c b. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the TU7Wff 'f/1IlY affect a lake consult "EA W Guidelines" about whether a nutrient budget analysis is needed.) - See Attached 19. Water Quality. Wastewaters. a. Describe sources, quantities, and composition (except for normal domestic sewage) of all sanitary and industrial wastewaters produced or treated at the site. .- \, ......, - See Attached - <-',LJ j b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves on-site sewage systems, discuss the suitability of the site conditions for such systems. Identify receiving waters (including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge 71lIlY affect a lake consult "EA W Guidelines" about whether a nutrient budget analysis is needed.) - See Attached - C. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. - See Attached - 20. Ground Water - Potential for Contamination a. Approximate depth (in feet) to ground water: mmlmum; average. b. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes; shallow limestone formations/karst conditions; soils with high infiltration rates; abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. - See Attached - C. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. - See Attached - 21. Solid Wastesj Hazardous Wastesj Storage Tanks a. Describe the types, amounts, and compositions of solid or hazardous wa~~~. !o oe genera!edl including animal manures, sludges and ashes. Identify the method and location of disposal. For projects generating municipal.solid waste indicate if there will be a source separation plan; list type(s) and how the project will be modified to allow recycling. - See Attached - b. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum products or other materials (except water). ,- r:' - See Attached - 4 -) 22. Traffic Parking spaces added 178 Existing spaces (if project involves expansion) 0 Estimated total Average Daily Traffic (ADn generated 500 Estimated maximum peak hour traffic generated (if known) and its timing: . For each affected road indicate th~ ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. The ADT estimate was achieved by assuming 5 trip counts p~l'_hou~ehold x 89 lots + 12% 23. Vehicle-related air emissions Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If the project involves 500 or more parking spaas, consult "EA W Guidelines" about whether a detailed air quality analysis is needed.) - See Attached - 24. Stationary source air emissions Will the project involve any stationary sources of air emissions (such as boilers or exhaust stacks)? 0 Yes ca No If yes, describe the sources, quantities, and composition of the emissions; the proposed air pollution control devices; the quantities and composition of the emissions after treatment; and the effects on air quality. 25. Will the project generate dust, odors, or noise during construction and/or operation? XI Yes 0 No If yes, describe the. sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. - See Attached - <- 26. Are any of the following resources on or in proximity to the site: a. archeological, historical, or architectural resources? 0 Yes 18I No b. prime or unique farmlands? 0 Yes Ea No c. designated parks, recreation areas, or trails? 0 Yes Eia No d. scenic views and vistas? 0 Yes Ga No e. other unique resources? 0 Yes 6a No < If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. any measures to be taken to minimize or avoid adverse impacts. -- See attached letter for ' 11 Describe 27. Will the project create adverse visual impacts? (Examples include: glare from intense lights; lights visible in wilderness areas; and large visible plumes from cooling towers or exhaust stacks.) 0 Yes KI No If yes, explain. 28. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use. water, or resource management plan of an local, regional, state, or federal agency? 0 Yes 0 No unknown If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no, explain. As of July, 1995, the City of Albertville issued a work order for a Comprehensive Land Use Plan. This project has been reviewed under the same guidelines. 5 6. DESCRIPTION This Project consists of developing residential and business property on a 70 acre parcel of property in the City of Albertville, Minnesota (the "Project"). The planned residential development consists of 89 single family lots with a typical size of 12,500 square feet, and the planned business area consists of two lots with a total area of approximately 11 acres. The remainder of the property, approximately 15 acres, consists of parks and wetland areas. The City of Albertville is included in the Joint Powers Water Board System along with the cities of Hanover, St. Michael, and Frankfort Township. Domestic water and fire protection service will be provided to the Project by the Joint Powers Board Water System. Albertville recently upgraded its municipal wastewater treatment facility, and the wastewater from the Project will be treated at the upgraded facility through an extension of Albertville's sanitary sewer collection system. The sanitary sewer main line installed through the Project will be designed to accommodate the wastewater flow from adjacent properties to the southwest in Albertville that are expected to be developed in the future and for which sanitary sewer service will be required. It is estimated that 360 acres to the southwest of the Project will ultimately be serviced with sanitary sewer from the main lines within the Project. Because the ultimate wastewater flow from the Project and adjacent properties will exceed 50,000 gpd when it is fully developed, this EAW is being prepared. The timing and extent of residential development of the land area to the southwest of the Project is not known. However, the utilities within the Project will be designed so that subsequent extensions to the southwest can be accomplished. Construction activities for developing the Project include typical earthwork operations as necessary for grading of streets, installation of piping for extension of the municipal water and sanitary sewer systems, and minor earthwork operations for the development. MPCA approved erosion control methods such as silt fencing will be used to mitigate potential erosion onto adjacent properties or into drainage ways or wetlands. The timing and duration of the construction is not established. The proposer desires to commence development of the area as expeditiously as possible. The rate of development of the Project is dependent upon timing of approvals as well as the rate at which housing is needed. 7. PROJECT MAGNITUDE DATA The total acreage of the Project is 70.7 acres. The residential area consists of 89 single family lots with a minimum lot size of 12,500 square feet. The area adjacent to County Road 19 consists of two lots with a total area of approximately 11 acres that is zoned as business (B-3). (See Map "D" ) The type of businesses to be developed are not known, but will be required to meet the City's requirements for B-3 zoning. 9. LAND USE The majority of the existing land use is agriculture, with portions of the property existing as wetlands. The estimated acreage of cover types before and after development are identified in the following section. Adjacent land uses include residential, agricultural, and commercial. The proposed development is adjacent to a recently constructed residential development within the city of Albertville. See Map "D". The Project is compatible with adjacent and nearby land uses which consists of recent residential expansions of the city of Albertville. Because adjacent land uses are consistent with the proposed Project, no environmentally negative impacts are anticipated. The majority of the 360 acres to the southwest of the Project are also primarily agricultural with portions of the property existing as wetlands. Future residential development of the acreage to the southwest of the Project is compatible with adjacent and nearby land uses because it abuts the northerly boundary of the city of St. Michael which currently consists of agriculture and residential developments. Also, the Albertville-St. Michael high school is located due east of the future residential development south of the Project. Thus, existing land uses are compatible with the Project and with the land area to the southwest of the Project. There are no known past land uses that would contribute to present environmental concerns in the Project. 11. FISH. WILDLIFE. AND ECOLOGICALLY SENSITIVE RESOURCES (a) & (b) The DNR has determined, as described in the attached letter, that there are no known occurrences of rare species or natural features in an approximate one mile radius of the Project. There are no fish resources on or near the site that could be affected by the Project. The existing land area of the Project will be developed to include only those areas that are currently used for agricultural purposes. The wetland areas, with the exception of approximately 15,000 square feet proposed for street crossings, will not be disturbed by the Project.