2016-08-15 Preliminary & Final Plat Development Application
Maeghan Becker
From:Adam Nafstad
Sent:Wednesday, September 14, 2016 10:27 AM
To:Alan Brixius; mike@couriruppe.com; Maeghan Becker
Subject:RE: Karston Cove 4th addition
Attachments:Karston Cove3 _Struct_Elev_.pdf; Karston Cove.pdf
Al,
The two memo’s I have in my file are attached. As for pond ownership/maintenance typically it is the city. If the city is
going to maintain a pond 1) I would prefer that the pond be in a outlot owned by the city, and 2) it needs to be
understood that the city will not manicure or routinely mow the pond banks.
I think we need to had this as a discussion item for Monday’s agenda?
Adam
From: Alan Brixius [mailto:abrixius@nacplanning.com]
Sent: Wednesday, September 14, 2016 8:36 AM
To: Adam Nafstad; mike@couriruppe.com; Maeghan Becker
Subject: Karston Cove 4th addition
Last night, Jeff Hampton of the Karston Cove HOA, express concerns over vacating the plat and the impact it would have
on their existing association at the planning commission public hearing. He asked the planning commission to deny the
request until there was some development plan for the site to replace the existing plat. He fears that the with the
vacation of the plat there will be no incentive to develop the site and grow their HOA.
th
Based on public testimony, the planning commission tabled the Karston Cove 4 addition plat, requesting a concept plan
on how the site may be developed in the future. ( Centra homes does not know what they want to do with the property
and a concept plan may put them at odds with the city in the future if things change.) We had a first motion to approve
the per the staff recommendation, however, this fail to receive a second and the motion failed. After the first motion
failed the option were denial or tabling the application. The planning commission felt that some development options
should be proposed prior to vacating the existing plat to provide protections for the existing HOA.
I indicated that the city faces a deadline for the development contract security to lapse and that the city is reluctant to
draw on the security for private street and utilitiy improvements. I indicated that I would check with you determine the
rd
deadline date. If the deadline is October we would take the application to City Council on October 3 for public hearing
and action without a planning commission recommendation. The planning commission agreed with this action.
Mike, could you give me the deadline date on the development contract Security? I need to prepare a public hearing
notice for the council meeting if we are going to act on this issue in October.
Adam, the Karston Cove 14 unit HOA is responsible for the maintenance of the storm water ponds on their common
lot. What is the city maintenance practice for other stormwater ponds in the community, are they maintained by the
neighborhood or the city? Could the city take over maintenance responsibilities of the Karson Cove ponds the serve
area beyond this subdivision?
Adam, Mr. Hampton reference a 2011 Bolten Menk memo that called for the installation of a berm, Sidewalk and street
lighting if the project was not going to proceed. Could you check you file and send me a copy?
1
th
Maeghan, please check the submission date of the Karston Cove 4 addition, I may need to send out a 15.99 letter
extending the application review period.
2
Maeghan Becker
From:Mike Couri <mike@couriruppe.com>
Sent:Wednesday, September 14, 2016 11:03 AM
To:Kim Olson; Alan Brixius; Adam Nafstad; Maeghan Becker
Subject:Re: Karston Cove 4th addition
Any idea why we need another public hearing? If the planning commission held the public hearing last night on the plat, that
will meet the statutory hearing requirement and the Council would not be required to hold another public hearing. The
Council can always allow the public to speak without noticing it as a public hearing.
Michael C. Couri
Couri & Ruppe, P.L.L.P.
705 Central Avenue East
P.O. Box 369
St. Michael, MN 55376
763-497-1930
From: Kim Olson <kolson@ci.albertville.mn.us>
Date: Wednesday, September 14, 2016 at 10:52 AM
To: Mike Couri <mike@couriruppe.com>, Al Brixius <abrixius@nacplanning.com>, Adam Nafstad
<anafstad@ci.albertville.mn.us>, Maeghan Becker <mbecker@ci.albertville.mn.us>
Subject: RE: Karston Cove 4th addition
If we need to act on Oct. 3 and another public hearing must be published, I will need that by noon tomorrow. The public
hearing notice for the easement vacation will be in the paper tomorrow to meet the deadline. Thanks,
Kim
From: Mike Couri [mailto:mike@couriruppe.com]
Sent: Wednesday, September 14, 2016 10:06 AM
To: Alan Brixius; Adam Nafstad; Maeghan Becker
Cc: Kim Olson
Subject: Re: Karston Cove 4th addition
On July 6, 2009, the City and Woodside Karston Cove (the original developer of the property) entered into a modification of
the Developer’s Agreement that extended the date of completion of the municipal improvements and on- and off-site
improvements to October 31, 2010. These improvements were never installed. Under Minnesota law, we have 6 years from
the date a contract claim matures (in this case October 31, 2010, the date that the Developer was supposed to have
completed the improvements but did not) to bring a lawsuit to enforce the claim. If we do not bring a lawsuit by October 31,
2010, the statute of limitations will bar us from enforcing the contract and the plat would stay in place without the necessary
infrastructure being installed.
At this point our choices have been narrowed to three:
1.
Approve the outlot replat and amend the developer’s agreement, with all documents signed and finalized before
October 31st. This means that we will need to get all documents fully executed by no later than October 21st as we
1
will need some time to prepare and serve a complaint in the unlikely event the developer did not get the signed
documents back to us in time (we cannot prepare and serve a complaint with any certainty with only a few days
notice).
2.
Enter into an agreement with the developer to suspend the statute of limitations giving the City more than 6 years to
bring a lawsuit, if necessary. This would give the City more time to process the replat. However, this would require
the cooperation of the developer, and I am not sure that we will get that cooperation.
3.
Sue the developer before October 31, 2016.
I agree that this should be on the October 3rd agenda for action. I can have a developer’s agreement amendment ready for
that agenda packet in the event the Council approved the replat. That would give us plenty of time to get a developer’s
agreement amendment signed and to allow the developer time to get the mylars printed and signed and everything recorded
prior to October 31st.
I think it would be helpful if we met with someone from the Association before the October 3rd Council date to see if we
could address their fears and reiterate that the Council will retain the right to require a future development to join the
Association, provided the Association’s declarations are amended to allow this land to be added (as of right now it cannot be
added per the terms of the current declarations).
I believe any development plan that the developer (or anyone else) comes up with at this stage would be virtually useless
since no one has the slightest idea how this land will be developed in the future. I agree that any development plan proposed
will likely become, at least in some people’s minds, the expected development plan for this property and will only cause
confusion and possibly feelings of “betrayal” among the Association and its members if a different development plan is
ultimately approved by the City.
Michael C. Couri
Couri & Ruppe, P.L.L.P.
705 Central Avenue East
P.O. Box 369
St. Michael, MN 55376
763-497-1930
From: Al Brixius <abrixius@nacplanning.com>
Date: Wednesday, September 14, 2016 at 8:35 AM
To: Adam Nafstad <anafstad@ci.albertville.mn.us>, Mike Couri <mike@couriruppe.com>, "Maeghan Becker
(mbecker@ci.albertville.mn.us)" <mbecker@ci.albertville.mn.us>
Subject: Karston Cove 4th addition
Last night, Jeff Hampton of the Karston Cove HOA, express concerns over vacating the plat and the impact it would have
on their existing association at the planning commission public hearing. He asked the planning commission to deny the
request until there was some development plan for the site to replace the existing plat. He fears that the with the
vacation of the plat there will be no incentive to develop the site and grow their HOA.
th
Based on public testimony, the planning commission tabled the Karston Cove 4 addition plat, requesting a concept plan
on how the site may be developed in the future. ( Centra homes does not know what they want to do with the property
and a concept plan may put them at odds with the city in the future if things change.) We had a first motion to approve
the per the staff recommendation, however, this fail to receive a second and the motion failed. After the first motion
failed the option were denial or tabling the application. The planning commission felt that some development options
should be proposed prior to vacating the existing plat to provide protections for the existing HOA.
2
I indicated that the city faces a deadline for the development contract security to lapse and that the city is reluctant to
draw on the security for private street and utilitiy improvements. I indicated that I would check with you determine the
rd
deadline date. If the deadline is October we would take the application to City Council on October 3 for public hearing
and action without a planning commission recommendation. The planning commission agreed with this action.
Mike, could you give me the deadline date on the development contract Security? I need to prepare a public hearing
notice for the council meeting if we are going to act on this issue in October.
Adam, the Karston Cove 14 unit HOA is responsible for the maintenance of the storm water ponds on their common
lot. What is the city maintenance practice for other stormwater ponds in the community, are they maintained by the
neighborhood or the city? Could the city take over maintenance responsibilities of the Karson Cove ponds the serve
area beyond this subdivision?
Adam, Mr. Hampton reference a 2011 Bolten Menk memo that called for the installation of a berm, Sidewalk and street
lighting if the project was not going to proceed. Could you check you file and send me a copy?
th
Maeghan, please check the submission date of the Karston Cove 4 addition, I may need to send out a 15.99 letter
extending the application review period.
3
Maeghan Becker
From:Maeghan Becker
Sent:Wednesday, September 14, 2016 8:57 AM
To:'Alan Brixius'; Adam Nafstad; mike@couriruppe.com; Kim Olson
Subject:RE: Karston Cove 4th addition
Hello,
The application was received on 8.15.16.
Thanks
Maeghan Becker
Building Permit Tech
Albertville City Hall
mbecker@ci.albertville.mn.us
Phone: 763.497.3384 Ext 103
Fax: 763.497.3210
From: Alan Brixius [mailto:abrixius@nacplanning.com]
Sent: Wednesday, September 14, 2016 8:36 AM
To: Adam Nafstad; mike@couriruppe.com; Maeghan Becker
Subject: Karston Cove 4th addition
Last night, Jeff Hampton of the Karston Cove HOA, express concerns over vacating the plat and the impact it would have
on their existing association at the planning commission public hearing. He asked the planning commission to deny the
request until there was some development plan for the site to replace the existing plat. He fears that the with the
vacation of the plat there will be no incentive to develop the site and grow their HOA.
th
Based on public testimony, the planning commission tabled the Karston Cove 4 addition plat, requesting a concept plan
on how the site may be developed in the future. ( Centra homes does not know what they want to do with the property
and a concept plan may put them at odds with the city in the future if things change.) We had a first motion to approve
the per the staff recommendation, however, this fail to receive a second and the motion failed. After the first motion
failed the option were denial or tabling the application. The planning commission felt that some development options
should be proposed prior to vacating the existing plat to provide protections for the existing HOA.
I indicated that the city faces a deadline for the development contract security to lapse and that the city is reluctant to
draw on the security for private street and utilitiy improvements. I indicated that I would check with you determine the
rd
deadline date. If the deadline is October we would take the application to City Council on October 3 for public hearing
and action without a planning commission recommendation. The planning commission agreed with this action.
Mike, could you give me the deadline date on the development contract Security? I need to prepare a public hearing
notice for the council meeting if we are going to act on this issue in October.
Adam, the Karston Cove 14 unit HOA is responsible for the maintenance of the storm water ponds on their common
lot. What is the city maintenance practice for other stormwater ponds in the community, are they maintained by the
1
neighborhood or the city? Could the city take over maintenance responsibilities of the Karson Cove ponds the serve
area beyond this subdivision?
Adam, Mr. Hampton reference a 2011 Bolten Menk memo that called for the installation of a berm, Sidewalk and street
lighting if the project was not going to proceed. Could you check you file and send me a copy?
th
Maeghan, please check the submission date of the Karston Cove 4 addition, I may need to send out a 15.99 letter
extending the application review period.
2