2013-08-05 CC Packetib:crtV1 IE'
�ANan UwIns.ft OWe. Mayor and Council Communication
August 1, 2013
SUBJECT: GUARDIAN ANGELS of ALBERTVILLE
Staff has compiled the components of the Guardian Angels proposed development in the
following order:
Land Use and Plat
1. City Planner Verbal Presentation
2. Motion to adopt Resolution No. 2013-026entitled a Resolution approving a
comprehensive land use plan amendment to change the guided land use for portions of
the Guardian Angels of Albertville property located at Kassel Avenue NE and County
Road 18 in the City of Albertville
3. Motion to adopt Ordinance No. 2013-06 entitled an Ordinance amending the official
Zoning Map of the City of Albertville, relating to the Guardian Angels property located
at Kassel Avenue NE and County Road 18 in the City of Albertville
4. Motion to adopt Resolution No. 2013-027 entitled a Resolution approving a
preliminary/final plat entitled Guardian Angels of Albertville, relating to the Guardian
Angels property located at Kassel Avenue NE and County Road 18 in the City of
Albertville
5. Motion to approve Resolution No. 2013-028 entitled a Resolution approving site and
building plans for the Guardian Angels of Albertville property located at Kassel Avenue
NE and County Road 18 in the City of Albertville
Public Hearing on TIF
5. open the Public Hearing on the Modification of Development District No. 1 and
Establishment of TIF District 15
7. Northland Securities Verbal Presentation
S. Take Public Comment and Motion to Close Public Hearing
9. Motion to adopt Resolution No. 2013-029 Modifying Municipal Development District No.
1 and Modifying the Development Program Therefor and Establishing Tax Increment
Financing (Housing) District No. 15 Therein and Approving a Tax Increment Financing
Plan
10. Motion to adopt resolution No. 2013-030 Approving Contract for Private Development
and Awarding the Sale of, and Providing the Form, Terms, Covenants and Directions for
the Issuance of its Tax Increment revenue Note, Series 2013, in the Maximum Principal
Amount of $1,200,000
M:1Public DatalCity Council\Council Packet information1201310505131050513 Guardian Angels Motions.doc
Meeting Date: August 5, 2013
Agenda Page 27
Mayor and Council Communication — August 5, 2013
Guardian Angels of Albertville Page 2 of 2
Interfund Loan
II. Finance Department Verbal Presentation
12. Motion to adopt Resolution No. 2013-031 Authorizing Interfund Loan for Advance of
Certain Costs in Connection with Tax Increment Financing District No. 15
Planned unit Development
13. City Attorney Verbal Presentation
14. Motion to approve a Planned Unit Development Agreement "Guardian Angels of
Albertville " between the City of Albertville, Evans Park, Inc., and Guardian Angels of
Elk River, Inc. dated and subject to Albertville City Attorney approval
Kassel Avenue NE Easement Vacation
15. open the Public Hearing relating to the petition of Evans Park, Inc. and Guardian Angels
of Elk River, Inc. to the City of Albertville for the vacation of a portion of Kassel Avenue
NE
16. City Attorney Verbal Presentation
17. Receive Public Comment and Motion to Close Public Hearing
18. Motion to adopt Resolution No. 2013-032 Vacating a Portion of Kassel Avenue NE
within the City of Albertville
Attachments:
• RCA for Land Use, Zoning, Preliminary & Final Plat, and Site & Building Plans
• Resolution No. 2013-026
• ordinance No. 2013-06
• Resolution No. 2013-027
• Resolution No. 2013-028
• Planning Commission Report
• Memorandum from Northland Securities, Inc.
• Resolution No. 2013-029
• TIF Plan
• Resolution No. 2013-030
• Resolution No. 2013-0-31
• Development Agreement
• PDF — Senior Housing Exhibits
• RCA — Kassel Avenue NE Vacation
• Resolution No. 2013-0-32
M:1Public DatalCity Council\Council Packet information1201310505131050513 Guardian Angels Motions.doc
Meeting Date: August 5, 2013
Agenda Page 28
lberty� ij� Mayor and Council Request for Action
August 1, 2013
SUBJECT: PLANNING — COMPREHENSIVE LAND USE PLAN AMENDMENT, ZONING MAP
AMENDMENT, PRELIMINARY/FINAL PLAN AND SITE AND BUILDING PLANS FOR
GUARDIAN ANGELS PROPERTY
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
MOTION TO: Adopt Resolution Number 2013-026 entitled a Resolution approving a
comprehensive land use plan amendment to change the guided land use for portions of the
Guardian Angels of Albertville property located at Kassel Avenue NE and County Road 18 in
the City of Albertville.
MOTION TO: Adopt Ordinance Number 2013-06 entitled an Ordinance amending the official
Zoning Map of the City of Albertville, relating to the Guardian Angels property located at Kassel
Avenue NE and County Road 18 in the City of Albertville.
MOTION TO: Adopt Resolution Number 2013-027 entitled a Resolution approving a
preliminary/final plat entitled Guardian Angels of Albertville, relating to the Guardian Angels
property located at Kassel Avenue NE and County Road 18 in the City of Albertville.
MOTION TO: Approve Resolution Number 2013-028 entitled a Resolution approving site and
building plans for the Guardian Angels of Albertville property located at Kassel Avenue NE and
County Road 18 in the City of Albertville.
BACKGROUND
The Planning Commission met and held a public hearing on July 8, 2013, to consider a
comprehensive land use plan amendment, rezoning, preliminarylfinal plat, and site/building plan
requests of Guardian Angels of Elk River, Inc.
The parcel is currently in an R-lA, Low Density Single Family District. Guardian Angels is
applying for a rezoning to R-7, Residential Special Purpose, High Density District/Planned Unit
Development to allow for the higher density senior housing use on portions of the site west of
Kassel Avenue NE (Lot 1 and Outlot A). The portion of the site east of Kassel Avenue NE
(Outlot B) is to remain under R-lA zoning.
The proposal is to build a two-story senior housing campus with a German half-timbered
architectural theme titled "Engel Haus ." Phase I of the campus will include a secure wing for 16
memory impaired residents, 14 assisted living apartments, and 30-32 apartments for more
independent seniors. Services will be provided such as housekeeping, meals, social activities,
and medical services. Amenities will include a small bistro cafe, hair salon, and fitness room for
the exclusive use of residents and employees. A future phase will approximately double the
square footage of the campus.
M:1Public DatalCity Council\Council Packet information1201310505131050513 Guardian Angels RCA.doc.docx
Meeting Date: August 5, 2013
Agenda Page 29
Mayor and Council Request for Action — August 5, 2013
Guardian Angels Page 2 of 3
The rezoning will be subject to conditions that mitigate the impact on adjacent residential
properties, allow for flexibility in site design, and provide for future development phases. The
conditions will limit the range of uses within the R-71PUD District to those identified in the
submitted site master plan:
• Housing for seniors over the age of 60 years (age restricted senior housing) and disabled
persons requiring specialized care with apartments for independent living, assisted living
apartments with an enhanced suite of services, and a secure wing for memory care
patients
• Limited commercial use accessory and internal only to the senior housing complex such
as a bistro cafe and hair salon for the exclusive use of residents and employees
Upon review of the staff report and hearing public testimony, the Planning Commission
recommended that the City Council approve the following:
A. Comprehensive land use plan amendment to change the guided land use from low
density to high density residential for Lot 1 and Gutlot A of Block 1 of the "Guardian
Angels of Albertville" outlined in Resolution No. 2013-00x
B . Preliminary/Final Plat of the "Guardian Angels of Albertville" subject to the conditions
outlined in Resolution No. 2013-00x.
C. Rezoning of Lot 1 and outlot A of Block 1 of "Guardian Angels of Albertville" from R-
1 A, Residential Low Density Single Family District, to R-7, Residential Special
Purpose, High Density District/PUD, Planned Unit Development subject to the
conditions outlined in ordinance No. 2013-00x.
D. Site and Building Plans subject to the conditions outlined in Resolution No. 2013-00x.
KEY ISSUES:
• The city has identified senior housing with services as a priority need within the
community as part of an effort to provide a variety of housing options to meet the life
cycle needs of Albertville residents. This project meets a stated goal in the
comprehensive plan.
• The primary use of the site is residential with accessory internal commercial uses for the
exclusive use of the residents and employees of Engel Haus and will be compatible with
surrounding residential uses.
• The project will be subject to the zoning standards for the R-7 Residential Special
Purpose, High Density District. The conditions for approval outlined in the site and
building plan review will ensure that the project meets the performance standards
outlined in the zoning ordinance.
• The site had been disturbed during previous subdivision construction phases and
currently contains large mounds of excavated soil. The Engel Haus proposal will remedy
and improve existing conditions.
M:1Public DatalCity Council\Council Packet information1201310505131050513 Guardian Angels RCA.doc.docx
Meeting Date: August 5, 2013
Agenda Page 30
Mayor and Council Request for Action — August 5, 2013
Guardian Angels Page 3 of 3
• It is not anticipated that the proposed senior housing campus will negatively impact city
services or utilities and will likely result in less traffic than if the site were developed
with single family homes.
• Staff recommends that the Council approve the Comprehensive Land Use Plan
Amendment, Zoning Map Amendment, Preliminary/Final Plat, and Site and Building
Plans.
POLICY CONSIDERATIONS: In accordance with State Law, public notice was published
and a public hearing held by the Planning Commission for the Comprehensive Land Use Plan
Amendment, Preliminary/Final Plat, Zoning Map Amendment and Site and Building Plan. The
Commission recommended that the City Council approve all of the aforementioned applications.
FINANCIAL CONSIDERATIONS: There are no significant financial issues related to the
Comprehensive Land Use Plan Amendment, Preliminary/Final Plat, Zoning Map Amendment or
Site and Building Plans. The applicant is exploring financial assistance options with the City.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and
Council have the authority to amend the Zoning Map, which requires a majority vote of the City
Council and becomes effective upon publication.
Responsible Person/Department: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution No. 2013-026
Ordinance No. 2013-06
Resolution No. 2013-027
Resolution No. 2013-028
Planning Report dated July 3, 2013
M:1Public DatalCity Council\Council Packet information1201310505131050513 Guardian Angels RCA.doc.docx
Meeting Date: August 5, 2013
Agenda Page 31
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION No. 2013-026
RESOLUTION APPROVING A COMPREHENSIVE LAND USE PLAN AMENDMENT
FOR PORTIONS OF THE GUARDIAN ANGELS OF ALBERTVILLE PROPERTY
LOCATED AT KASSEL AVENUE NE AND COUNTY ROAD 18
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Guardian Angels of Elk River, Inc. has submitted an application for a
comprehensive land use plan amendment to change the guided land use from low density to high
density residential on Lot 1 and Gutlot A of Block 1 of "Guardian Angels of Albertville"
located at Kassel Avenue NE and County Road 18; and
WHEREAS, the applicant has also submitted the following applications in conjunction
with the requested comprehensive land use plan amendment:
a. Rezoning of Lot 1 and outlot A of Block 1 from R-1 A, Residential Low Density
Single Family District, to R-7, Residential Special Purpose, High Density
District/PUD, Planned Unit Development;
b. Preliminary/final plat (Guardian Angels of Albertville);
c. Site and building plans; and
WHEREAS, City Staff has reviewed the request for a comprehensive land use plan
amendment and prepared a planning report dated July 3, 2013; and
WHEREAS, the Albertville Planning Commission met and held a public hearing on July
81 2013, to consider the comprehensive land use plan amendment, found it to be consistent with
the Albertville 2030 Vision Plan adopted in 2012, and recommended that the City Council
approve the amendment; and
WHEREAS, Albertville City Council met on August 5, 2013 to consider the Guardian
Angels request for a comprehensive land use plan amendment; and
WHEREAS, the Albertville City Council has received the Guardian Angels request for a
comprehensive land use plan amendment, staff review documents, and the Planning Commission
recommendation, and agrees with the findings and recommendation of the Planning
Commission; and
Agen"ge;pge 32
City of Albertville
Resolution No. 20 3-026
Meeting of August 5, 2013
Page 2
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the comprehensive land use plan amendment subject to the following
Decision.
Decision: Based on the foregoing information and applicable ordinances, the City Council
hereby APPROVES the comprehensive land use plan amendment to change the guided land use
on Lot 1 and Outlot A of Block 1 of "Guardian Angels of Albertville" from low density to high
density age restricted residential.
Adopted by the Albertville City Council this 5th day of August 2013.
Jillian Hendrickson, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 33
CITY OF ALBERTVILLE
COUNT OF WRIGHT
STATE OFMINNESOTA
ORDINANCE No. 2013-06
AN ORDINANCE AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF ALBERTVILLE, RELATING To THE
GUARDIAN ANGELS PROPERTY LOCATED
AT KASSEL AVENUE NE AND COUNTY ROAD 18 IN THE CITY OF ALBERTVILLE
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. The Albertville Zoning Map shall be amended, relating to property legally
described as:
Guardian Angels of Albertville, Lot 1, Block 1 and Gutlot A, Block 1, Wright County,
Minnesota
SECTION 2. The lots shall be rezoned from R-1 A, Residential Low Density Single Family
District, to R-7, Residential Special Purpose, High Density District/PUD, Planned Unit
Development in order for the City to exclusively allow for age -restricted senior housing and
housing for disabled persons requiring specialized care with associated services and provide
flexibility in site design with the following conditions:
1. The development is based on the following restricted uses:
a. Housing for seniors over the age of 60 years (age restricted senior housing) and
disabled persons requiring specialized care with apartments for independent
living, assisted living apartments with an enhanced suite of services, and a secure
wing for memory care patients.
b. Limited commercial use accessory and internal only to the senior housing
complex such as a bistro cafe and hair salon for the exclusive use of residents and
employees.
2. The development reflects the land uses and site and building design illustrated in the plan
prepared by Pope Architects dated June 17, 2013 and engineering documents prepared by
Campion Engineering Services dated June 12, 2013, as may be amended, to address the
needed plan changes outlined in the July 3, 2013 planning report and the July 28, 2013
engineer report.
3. Future uses on Gutlot A comply with the concepts indicated on the submitted master plan
prepared by Pope Architects dated June 17, 2013.
4. Any modifications of use will require an amendment to the PUD.
Page
Agenda Page 34
City of Albertville
Ordinance No. 2013-06
Meeting of August 5, 2013
Page 2
5. Future development on Outlot B will be subject to preliminary and final plat approval.
6. The zero -foot interior west side setback is granted to allow for connection to the future
phase of the senior housing campus.
7. Some proposed assisted living and memory care units fall below the minimum floor area
per dwelling unit in the zoning code; the allowed minimum unit size for memory care and
assisted living units shall be 342 square feet.
8. Subject to the City Engineer recommendations and required changes of his report dated
July 18, 2013.
THIS AMENDMENT SHALL BE IN FILL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this 5th day of August, 2013.
Jillian Hendrickson, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 35
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION No. 2013-027
RESOLUTION APPROVING A PRELIMINARYIFINAL PLAT
ENTITLED GUARDIAN ANGELS OF ALBERTVILLE
FOR THE GUARDIAN ANGELS OF ALBERTVILLE PROPERTY LOCATED AT
KASSEL AVENUE NE AND COUNTY ROAD 18
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Guardian Angels of Elk River, Inc. has submitted an application for a
preliminary/final plat entitled "Guardian Angels of Albertville" which overlays 15.308 acres of
land located at Kassel Avenue NE and County Road 18; and
WHEREAS, the applicant has also submitted the following applications in conjunction with the
requested preliminary/final plat:
a. Comprehensive land use plan amendment to change the guided land use from low
density to high density residential on Lot 1 and Gutlot A of Block 1 of "Guardian
Angels of Albertville";
b . Rezoning of Lot 1 and outlot A of Block 1 from R-1 A, Residential Low Density
Single Family District, to R-7, Residential Special Purpose, High Density
District/PUD, Planned Unit Development;
c. Site and building plans; and
WHEREAS, City Staff has reviewed the submitted preliminary/final plat and prepared a
planning report dated July 3, 2013; and
WHEREAS, the Albertville Planning Commission met and held a public hearing on July 8,
2013, to consider the preliminary/final plat and recommended that the City Council approve the
preliminary/final plat; and
WHEREAS, Albertville City Council met on August 5, 2013 to consider the Guardian Angels
preliminary/final plat application; and
WHEREAS, the Albertville City Council has received the Guardian Angels application,
preliminary/final plat dated June 13, 2013, staff review documents, and the Planning
Commission recommendation, and agrees with the findings and recommendation of the Planning
Commission.
Agen"ge;pge 36
City of Albertville
Resolution No. 20 3-027
Meeting of August 5, 2013
Page 2
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota
hereby approves the "Guardian Angels of Albertville" preliminary/final plat subject to the
following Decision.
Decision: Based on the foregoing information and applicable ordinances, the City Council
hereby APPROVES the preliminary/final plat based on the plat dated June 13, 2013, subject to
the following conditions:
1. Review and approval by the City Engineer of grading, utility and stormwater plans;
review of the location and size of easements and the vacation of five feet on either
side of Kassel Avenue NE.
2. The Kassel Avenue NE entrance onto County Road 18 be designed to incorporate one
right -turn only lane, one combined left -turn and through lane, and one ingress lane.
3. Payment of required park dedication fees .
4. Approval of a development agreement controlling the installation of all required
improvements.
5. Plans for the extension of 51 st Street NE with a cul-de-sac shall be completed for
Phase I. An alternative turn -around design can be approved by the City Engineer and
City Council.
6. The preliminary/final plat shall be recorded within 120 days of approval.
Adopted by the Albertville City Council this 5th day of August 2013.
Jillian Hendrickson, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 37
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION No. 2013-028
RESOLUTION APPROVING SITE AND BUILDING
PLANS FOR THE GUARDIAN ANGELS OF ALBERTVILLE PROPERTY
LOCATED AT KASSEL AVENUE NE AND COUNTY ROAD 18
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Guardian Angels of Elk River, Inc. has submitted an application for a site
and building plan review for various site modifications for the property legally described as
follows:
Guardian Angels of Albertville, Lot 1, Block 1 and Gutlot A, Block 1, Wright County,
Minnesota; and
WHEREAS, the applicants has also submitted the following applications in conjunction
with the requested review of site and building plans:
a. Comprehensive land use plan amendment to change the guided land use from low
density to high density residential on Lot 1 and outlot A of Block 1 of "Guardian
Angels of Albertville";
b . Rezoning of Lot 1 and outlot A of Block 1 from R-1 A, Residential Low Density
Single Family District, to R-7, Residential Special Purpose, High Density
District/PUD, Planned Unit Development;
c. Preliminary/final plat (Guardian Angels of Albertville); and
WHEREAS, City Staff has reviewed submitted plans and prepared a planning report
dated July 3, 2013; and
WHEREAS, the Albertville Planning and Zoning Commission met and held a public
hearing on July 8, 2013, to consider the site and building plans of Guardian Angels and
recommended that the City Council approve the plans; and
WHEREAS, the Albertville City Council met on August 5, 2013 to consider the
Guardian Angels Site and Building Plan Review application; and
WHEREAS, the Albertville City Council has received the Guardian Angels application,
plans dated June 17, 2013, staff review documents, and the Planning Commission
recommendation, and agrees with the findings and recommendation of the Planning
Commission; and
Agen"ge;pge 38
City of Albertville
Resolution No. 2013-028
Meeting of August 5, 2013
Page 2
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the site and building plans of Guardian Angels subject to the
following Decision.
Decision: Based on the foregoing information and applicable ordinances, the City Council
hereby APPROVES the site and building plan based on the plans dated June 17, 2013, subject to
the following conditions:
1. The City approves the comprehensive land use plan amendment.
2. The City approves the requested R-71PUD rezoning application.
3. The City approves the requested Guardian Angels preliminary/final plat application.
4. The zero -foot interior west side setback is granted to allow for connection to the future
phase of the senior housing campus.
5. Some proposed assisted living and memory care units fall below the minimum floor area
per dwelling unit in the zoning code; the allowed minimum unit size for memory care and
assisted living units shall be 342 square feet.
6. The Kassel Avenue NE entrance onto County Road 18 be designed to incorporate one
right -turn only lane, one combined left -turn and through lane, and one ingress lane.
7. The parking lot design shall be revised to provide for 20-foot stall lengths.
8. Approval by the City Engineer of the entrance drive exceeding 24 feet in width.
9. Access into and out of the future parking garage and circulation issues associated with the
extension of drive access from the parking lot to the service road is to be examined as
part of the site and building plan review when this develops.
10. The landscape plan is to be revised to address the following issues:
a. Demonstrate that the proposed plantings are in congruence with the final grading
plan for the swale at the south property line (may require the relocation of at least
one clump of river birch).
b. Document that the screening planting of black hills spruce will not interfere with
the 24-inch HDPE pipe along the property line or its outlet at the pond.
c. Barberry shrubs are to be replaced with anon -invasive alternative.
d. A buffer planting is to be designed along the east edge of the parking lot between
the lot and sidewalk along Kassel Avenue NE that is sufficient to screen
headlights to a height of at least four feet.
e. Provide a fence detail for the memory care courtyard.
Agenda Page 39
City of Albertville
Resolution No. 2013-028
Meeting of August 5, 2013
Page 3
f. A maintenance plan is to be provided for the native planting along the swale at the
southern end of the property.
g. A seeding and maintenance plan is to be provided for Outlot A for interim
conditions after final grading and site improvements.
11. A sidewalk/trail plan is to be submitted for the site that utilizes Lot 1 and outiot A to
provide a looped pedestrian system for passive recreation for residents of Engel Haus.
12. A sign permit is to be obtained for the entrance monument sign.
13. Subject to the recommendations in the July 18, 2013 Engineer's report.
Adopted by the Albertville City Council this 5th day of August 2013.
Jillian Hendrickson, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 40
N 11 TIHWEST ASS ;IATE�D C01ISIISUIIILTANTS, 1 NC.
48,00 0�s �n Memoriall Highway, Sufte 202', Golden V IlIey, M NI 55422'
Telephone- 6 3 . 2 31. 2, 5 5 5 F i s i i ii I: 763.231.25611 p 11 i ni ni , rs @ni i� I i ni n ii ni ., o� i
To: Adam Nafstad
FROM: Alan Brixius I Emily Shively
DATE: July 3, 2013
RE: Albertville — Guardian Angels Rezoning, Preliminary and Final Plat, and Site and
Building Plan Review; Kassel Avenue NE and County Road 18
BACKGROUND
Guardian Angels of Elk River has submitted a request for rezoning, preliminary and final plat
and site plan review for a senior housing complex at the southwest corner Kassel Avenue NE
and County Road 18 (historically referred to as Albert Villas 7t" Addition).
The 15 acre parcel has remained vacant after the completion of the other Albert Villas
additions. The city had identified the parcel as one of several available that could be utilized
for senior housing and plans for senior housing on this site have been under consideration
since 2007. Guardian Angels of Elk River, Inc. was able to acquire the land for a cost that has
enabled their proposed project to move forward at this time.
The proposal is to build a two-story senior housing campus with a German half-timbered
architectural theme titled "Engel Haus." Phase I of the campus will include a secure wing for
16 memory impaired residents, 14 assisted living apartments, and 30 apartments for more
independent seniors. Services will be provided such as housekeeping, meals, social activities,
and medical services. Amenities will include a small bistro restaurant, hair salon, and fitness
room for the exclusive use of residents and employees. A future phase will approximately
double the square footage of the campus.
To enable the proposed project to proceed, the following development applications will be
required:
1. Comprehensive Plan Amendment: Change the land use designation from low density
residential to high density residential.
2. Rezone the property from R-1A to R-7IPUD, Residential Special Purpose, High Density
District/Planned Unit Development District to allow the proposed use and provide
flexibility in design of the campus.
Agenda Page 41
3. Preliminary and final plat (to be considered simultaneously).
4. R-7/Planned Unit Development site and building plan review.
The following exhibits are attached for reference:
Exhibit Al Preliminary and Final Plat for Guardian Angels of Albertville
Exhibit A2 Preliminary and Final Plat for Guardian Angels of Albertville with additional detail
Exhibit B Vacation Description Sketch for Guardian Angels of Albertville (portions of Kassel
Avenue NE)
Exhibit C Proposed Site Plan Rendering
Exhibit D Building Elevations with materials indicated
Exhibit E First Floor Plan
Exhibit F
Second Floor Plan
Exhibit G
Site Plan
Exhibit H
Utility Plan
Exhibit I
Grading Plan
Exhibit J
Stormwater Pollution Prevention Plan
Exhibit K
Kassel Avenue Plan and Profile
Exhibit Ll
Details
Exhibit L2
Details
Exhibit M
Landscape Plan
Exhibit N
Photometric Plan
ISSUES AND ANALYSIS
Zoning
The parcel is currently in an R-1A, Low Density Single Family District. Guardian Angels is
applying for a rezoning to R-7, Residential Special Purpose, High Density District/Planned Unit
Development to allow for the higher density senior housing use on portions of the site west of
Kassel Avenue NE (Lot 1 and Outlot A). The portion of the site east of Kassel Avenue NE
(Outlot B) is to remain under R-1A zoning.
The rezoning will be subject to conditions that mitigate the impact on adjacent residential
properties, allow for flexibility in site design, and provide for future development phases.
The conditions will limit the range of uses to those identified in the submitted site master plan:
• Age restricted' senior housing with apartments for independent living; assisted living
apartments with an enhanced suite of services; and a secure wing for memory care
patients
• Limited commercial use accessory and internal only to the senior housing complex such
as a bistro caf6 and hair salon for the exclusive use of residents and employees
The city restricts occupancy to residents Go years an older
2
Agenda Page 42
In evaluating the requested land use and zoning change, the city shall evaluate the applicable
use based on criteria outlined in section 300.15 of the Zoning Ordinance as follows:
1. The proposed action has been considered in relation to the specific policies and provisions
of and has been found to be consistent with the official city comprehensive plan.
The city has identified senior housing with services as a priority need within the community
as part of an effort to provide a variety of housing options to meet the life cycle needs of
Albertville residents. This is indicated in Residential Goal 2.1 in the Albertville 2030
Visioning Study (p. 42). The specific goal of providing more senior housing with services
was ranked third of thirteen project priorities by the Vision Committee (p. 48). While the
site is currently zoned R-1A, Low Density Single Family District in an area guided for single
family housing in the comprehensive plan, it was specifically identified as a location where
more senior housing is needed in the issues and opportunities analysis in the Visioning
Study.2
2. The proposed use is or will be compatible with present and future land uses of the area.
The site is surrounded by single family homes on three sides and detached townhome units
north of Jason Avenue NE (County Road 18). The proposed development will create a
single, two-story structure with multiple wings. The primary use of the site remains
residential with accessory internal commercial uses for the exclusive use of the residents
and employees of Engel Haus.
According to the project architect, the Engel Haus' two-story building design is intended to
convey a residential character through varying roof lines and articulated facades, and
varying exterior colors and materials. The U-shaped configuration of the building allows the
narrow end of the building to face residential properties to the south. An existing pond on
the south edge of the property and County Ditch 9 on the west edge contribute to an open
space buffer between the site and surrounding residential properties. Phase I and future
development on Outlot A will exceed setbacks to provide a park -like setting and the ability
to create outdoor spaces and walking trails throughout the development.
3. The proposed use conforms with all performance standards contained herein.
The preliminary and final plat and site and building plan review follow in this report. The
plans are in conformance with all performance standards with exceptions noted below.
4. The proposed use will not tend to or actually depreciate the area in which it is proposed.
The project will be subject to the zoning standards for the R-7 Residential Special Purpose,
High Density District. Site plan review will pay particular attention to buffering from
adjacent residential properties to minimize the impacts from traffic and the use of the
service road for deliveries and trash removal; sufficient provision of green space; and high
standards for building materials to ensure that the proposed building complements its
surroundings.
E Notation on the Existing Land Use Draft 2012 map on p.2
3
Agenda Page 43
The site had been disturbed during previous subdivision construction phases and currently
contains large mounds of excavated soil. The Engel Haus proposal will remedy and
improve existing conditions.
5. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
It is not anticipated that the proposed senior housing campus will negatively impact city
services or utilities.
6. Traffic generation by the proposed use is within the capabilities of streets serving the
property.
The proposed density may produce less traffic than if the site were developed with single
family homes. The site is located at the periphery of the Albert Villas neighborhood and
has access to County Road 18 via Kassel Avenue NE without bringing traffic through the
existing neighborhood. Kassel Avenue NE will be improved as part of the project
development. Both Kassel Avenue NE and County Road 18 have sufficient design
capacity to handle additional traffic.
Preliminary and Final Plat
The preliminary and final plat for Guardian Angels of Albertville are being processed
simultaneously. The preliminary plat consists of Block 1 which contains one lot and two outlots
south of Jason Avenue NE (County Road 18). Lot 1 and Outlot A are located west of Kassel
Avenue NE and Outlot B is located east of Kassel Avenue NE for a total net area of 13.786
acres.3
Lot 1, Block 1 is intended for the development of phase I of the Guardian Angels senior
housing campus. A future expansion of the campus is planned for Outlot A immediately to the
west of Lot 1. Lot 1 and Outlots A and B exceed the minimum lot area and lot width
requirements for the R-7 District. There is sufficient area to meet required setbacks.
A permanent roadway easement for Kassel Avenue NE runs through Block 1. A portion of the
roadway easement will be vacated to reduce the overall width of the roadway from 70 feet to
60 feet to conform to standard road right of way widths in the city and match the existing
segment of Kassel Avenue NE at the south property line. Five feet will be vacated on either
side of the roadway to achieve the 60 foot right of way (4,366 square feet).4
The plat shows drainage and utility easements around the periphery of Block 1. A trail
easement is located at the far eastern edge of Outlot B. There is a mitigation area easement
for the existing pond area in the southeast portion of Outlot B (approximately'/2 acre) and also
along a portion of the west edge of Outlot A (approximately 1 acre). An easement for the
3 Gross area = 18.308 acres with the inclusion of the Jason Avenue NE right of way
4 Indicated on the plat and detailed in Exhibit B
4
Agenda Page 44
County Ditch No. 9 runs along the entire western boundary of Block 1 (Outlot A). A 15 foot
NSP utility easement runs along the northern boundary of Block 1 adjacent to Jason Avenue
NE (County Road 18). A temporary Wright County Highway right of way easement extends
26.25 feet into Block 1 parallel to the existing Jason Avenue NE right of way boundary.
Park Dedication. For the purposes of calculating park dedication fees, the city council has
determined that the proposed use for Guardian Angels of Albertville is equivalent to 16 single
family units. Using the base fee of $3,300 per unit, a total fee of $52,800 will assessed.
Site Plan Review
Building Height, Setback and Area Requirements. The height limit in R-7 is 36 feet.
Submitted elevations show a building height of 28 feet 4 inches with a landmark clock tower
feature standing 46 feet four inches in height. The clock tower feature may be allowed to
exceed height requirements per section 11 00.3.B.6.5
The setback requirements for the R-7 and PUD District are as follows:
Required Minimum Proposed
Front yard (north): 35 feet 45 feet
Side yard corner (east): 30 feet 90 feet
Side yard interior (west): 10 feet 0 feet
Rear yard (south): 30 feet 135 feet
The zero lot line setback at the interior side yard (east side of the structure) will be allowed
under PUD standards to provide for connection to a future phase expansion of the senior
housing campus. A proposed future garage on the south side of the property meets side yard
setbacks but will require site and building plan approval prior to construction.
In addition to those setbacks required above, Section 1100.2.B. requires a minimum 20 foot
setback from the ordinary high water level or elevation of wetlands, ponds, or drainageways. A
pond and drainageway is located along the southern boundary of the site. The proposed
building meets these setback requirements.
The structure occupies less than 60 percent of the lot area.
Minimum Lot Area Per Unit. Elderly housing requires a minimum lot area of 1,000 square
feet per unit. The proposed development contains 60 units. The lot area exceeds 60,000
square feet at approximately 1 81 ,000 square feet.
Minimum Floor Area Per Dwelling Unit. Elderly (Senior Citizen) Housing: Living units
classified as elderly (senior citizen) housing units, except as allowed by conditional use permit,
shall have the following minimum floor areas per unit:
5 The clock tower feature could be considered a cupola or dome type feature not containing usable floor space
above the second floor or similar to a belfry and therefore not subject to height limits in R-7.
6 The maximum lot area requirements are also met when the future garage structure is factored in.
5
Agenda Page 45
Efficiency units 440 square feet
I bedroom 520 square feet
Proposed Guardian Angels Engel Hausa:
Memory care: 375 square feet
Assisted living: 375 — 630 square feet
Independent living: 530 — 800 square feet
Some units fall below the minimum floor areas per unit and may be reviewed as part of the
conditions for PU D approval.
Parking Requirements and Design. Elderly (senior citizen) housing. Reservation of area
equal to I space per unit. Initial development is, however, required of only one-half space per
unit, and said number of spaces can continue until such time as the council considers a need
for additional parking spaces has been demonstrated.
Sanitariums, convalescent home, rest home, nursing home or day nurseries. 4 spaces, plus I
for each 3 beds for which accommodations are offered.
Independent living: 30 units 30 spaces
Assisted living: 14 units 9 spaces
Memory care: 16 units 9 spaces
Forty-eight parking spaces are required; 48 parking spaces have been provided.
Stall length does not meet the specified 20 foot design standard for ninety degree parking.
The proposed stall length is 18 feet in the main and service parking areas. All parking stall
lengths must be 20 feet in length.
The rear width of the handicapped parking stalls narrows to 8 feet and the design standards
specify a 9 foot minimum stall width. However, this condition may be allowed given the extra
width provided by adjacent vehicle loading areas.
The curb cut access into Engel Haus exceeds the allowed 24 foot opening and must be
approved by the City Engineer.
All open, residential off street parking areas of five or more spaces shall be screened and
landscaped from adjacent public streets; except, that the height of the screening or
landscaping shall be four feet. The proposed landscape plan only specifies canopy trees in
the area between the parking lot and Kassel Avenue NE. The landscape plan should be
amended to include plantings to screen headlights along Kassel Avenue NE. to a height of four
feet.
A future garage and a driveway connection from the south parking lot to the service road have
been indicated on the site plan. Access into and out of the parking garage and circulation
7 Square footages are approximate.
6
Agenda Page 46
issues associated with the extension of drive access from the parking lot to the service road
should be examined as part of the site and building plan review when this develops.
Landscape Provisions. A fence has been indicated on the site plan to enclose the memory
care courtyard. A fence detail needs to be submitted to ensure compliance with this section.
The buffer of thirteen black hills spruce trees along the southern edge of the property should
be sufficient to screen the service road from adjacent residential properties. However, the
landscape plan does not show final grading or the location of the 24 inch HDPE outlet. A
revised landscape plan should be provided that demonstrates compatibility with final grading
and stormwater management facilities.
The easternmost river birch clump may be located too close to the riprap in the basin of the
proposed drainage Swale. Their location should be adjusted accordingly as needed after
construction of the Swale.
Six `Rose Glow' barberry shrubs have been specified for the entry monument planting. This
species (Berberis thunbergii) has been identified as invasive by the Minnesota Department of
Natural Resources (MnDNR). An alternative from the plant schedule should be specified as a
replacement.
The area south of the service drive has been designated for a M nDOT 33-261 native seed mix.
A maintenance plan should be determined for this area that provides for a more naturalized
aesthetic while ensuring the area does not become weedy and unkempt.
See note regarding parking screening in the parking discussion section.
Lot 1 and outlot A will be re -graded to prepare for the first and future phase of the senior
housing campus. The submitted landscape plan indicates that disturbed areas outside of
property lines should be seeded with M nDOT 26-121 General Roadside Seed Mix. It is our
recommendation that upland areas of outlot A be seeded with MnDOT 36-221 Dry Prairie
General native seed mix to allow for the establishment of a higher quality amenity for the
residents of Engel Haus during the interim between development phases. A maintenance plan
for outlot A should also be submitted prior to final approval.
The landscape plan meets all other requirements of this section except as noted.
Building Type and Construction. The proposed building is designed to recall German half-
timbered architecture and will be finished with a manufactured stone veneer at the front entry,
up to the top of first floor windows on articulated faces, and up to the midpoint of first floor
windows on the remainder of the building. A cream -colored EFIS panel is specified for the
majority of the upper story with a brick -red EFIS panel specified for some articulated faces.
The roofing is asphalt shingle. The city council has determined that EFIS and manufactured
stone veneer are acceptable exterior finishing materials.
Lighting. A photometric plan has been submitted which indicates general compliance with
this section except for foot-candle readings in excess of 0.4 at the edge of the service road on
the south property line and readings in excess of one foot-candle at the main drive entrance
7
Agenda Page 47
and spillover from the light fixtures on the eastern side of the parking lot onto Kassel Avenue
NE. The lighting at the south edge of the property may be mitigated by proposed buffer
plantings and light spillover along Kassel Avenue NE may also be mitigated by proposed tree
plantings. It is our opinion that the excess lighting on the sidewalk adjacent to Kassel Avenue
NE may be considered an asset rather than a detriment and that no adjustments to the lighting
plan are necessary.
Refuse Receptacles; Location and Screening. Trash is proposed to be located within the
building with access from the service road at the rear of the building. This meets the
requirements of this section.
Loading Areas. A service road leads to the rear of the campus to provide access for
deliveries and trash removal. The proposed 16 foot road width at the back of the building will
require backing in of vehicles. Eight parking stalls have been provided at the service entrance.
The service road terminates at the west property line and will become a connection to 61 St St.
NE with the development of a future phase on Outlot A.
Open Space and Recreation Areas. The site appears to have maintained 20 percent of the
land area as usable open space.$ We are recommending that asidewalk/trail system be
developed as part of Phase I to encircle the site (including Outlot A) to provide passive
recreation opportunities for Engel Haus residents. If the recommendations for a native planting
on Outlot A are followed, this area could become a destination for wildlife viewing and provide
additional visual interest along the trail.
Sidewalks will be extended along the west side of Kassel Avenue NE to provide a continuous
pedestrian connection from the Albert Villas residential area to the south up to Jason Avenue
NE (County Road 18). The sidewalk connects to an existing trail that runs along Jason
Avenue NE (County Road 18). Sidewalk connections into the site provide access around the
parking lot to the building entrances.
An enclosed courtyard garden is planned for use by residents of the memory care wing.
Signage. A sign plan has not been submitted for the Engel Haus senior housing campus.
The site plan and elevations indicate a ground sign is to be located at the southwest corner of
Jason Avenue NE (County Road 18) and Kassel Avenue NE. identifying the campus. The
elevations show the sign supports faced with the same manufactured stone veneer as the
principal structure. Sign lighting has not been indicated.
A sign plan should be submitted to show construction materials, sign area, height, illumination
and other details required for the issuance of a sign permit.
S Specific acreages/square feet of usable open space have not been provided.
8
Agenda Page 48
RECOMMENDATIONS 1 CONCLUSIONS
Zoning
The proposed project meets stated goals in the comprehensive plan for the provision of senior
housing with services in the city of Albertville. It is our recommendation that a comprehensive
plan and zoning amendment be approved for rezoning the site to R-7 Residential Special
Purpose, High Density District/ Planned Unit Development to exclusively allow for age -
restricted senior housing with associated services and provide flexibility in site design with the
following conditions:
1 . The development is based on the restricted uses as outlined above:
a. Age restricted senior housing with apartments for independent living; assisted
living apartments with an enhanced suite of services; and a secure wing for
memory care patients.
b. Limited commercial use accessory and internal only to the senior housing
complex such as a bistro caf6 and hair salon for the exclusive use of residents
and employees.
2. Future uses on outlot A comply with the concepts indicated on the submitted master
plan.
3. Any modifications of use will require an amendment to the PUD.
4. Future development on outlot B will be subject to preliminary and final plat approval.
6. The zero foot interior side setback may be granted to allow for connection to the future
phase of the senior housing campus.
6. Allow for flexibility in unit size for assisted living and memory care units that fall below
the recommended square footage with documentation that this is an acceptable industry
standard.
Preliminary and Final Plat
Based on the review of the submitted plat, we believe the proposed Guardian Angels of
Albertville meets the requirements of the R-7 District and Chapter 11 of the Albertville city
code; therefore, we recommend approval of the preliminary plat and final plat with the following
conditions:
Review and approval by the city engineer of grading, utility and stormwater plans;
review of the location and size of easements and the vacation of five feet on either side
511,26 -I_ -1 .i �I
2. Payment of required park dedication fees.
9
Agenda Page 49
3. Approval of a development agreement controlling the installation of all required
improvements.
4. Plans for the extension of 6 1 st Street NE with a cul-de-sac shall be completed for Phase
I. An alternative turn -around design can be approved by the City Engineer and City
Council.
Site and Building Plan Review
In conjunction with PUD zoning approval, it is our recommendation that the site and building
plan be approved with the following changes or conditions:
The zero foot interior side setback may be granted to allow for connection to the future
phase of the senior housing campus.
2. Allow for flexibility in unit size for assisted living and memory care units that fall below
the recommended square footage with documentation that this is an acceptable industry
standard.
3. The parking lot design shall be revised to provide for 20 foot stall lengths.
4. Approval by the city engineer of the entrance drive exceeding 24 feet in width.
6. Access into and out of the future parking garage and circulation issues associated with
the extension of drive access from the parking lot to the service road should be
examined as part of the site and building plan review when this develops.
6. The landscape plan is revised to address the following issues:
a. Demonstrate that the proposed plantings are in congruence with the final grading
plan for the swale at the south property line (may require the relocation of at least
one clump of river birch).
b. Document that the screening planting of black hills spruce will not interfere with
the 24 inch HDPE pipe along the property line or its outlet at the pond.
C. Barberry shrubs are to be replaced with anon -invasive alternative.
d. A buffer planting is designed along the east edge of the parking lot between the
lot and sidewalk along Kassel Avenue NE that is sufficient to screen headlights to
a height of at least four feet.
e. Provide a fence detail for the memory care courtyard.
f. A maintenance plan is to be provided for the native planting along the swale at
the southern end of the property.
g. A seeding and maintenance plan is to be provided for Outlot A for interim
conditions after final grading and site improvements.
7. A sidewalk/trail plan is submitted for the site that utilizes Lot 1 and outlot A to provide a
looped pedestrian system for passive recreation for residents of Engel Haus.
8. A sign permit is obtained for the entrance monument sign.
10
Agenda Page 50
c: Kim Olson
Sue Schwalbe
Mike Couri
Jan Rust
Guardian Angels of Elk River Inc.
508 Freeport Avenue N.W. Suite A
Elk River, MN 55330
11
Agenda Page 51
NORTHLAND
STRATEGIES
Special Projects Group
MEMORANDUM
To: City of Albertville
From: Tammy Omdal
Date: July 31, 2013
Re: Public Hearing for Development District No. 1 and TIF District 15
The purpose of this memorandum is to provide background information to the City for the
establishment of TIF District 15 (the "TIF District") and for approval of the proposed Development
Assistance Contract with Evans Park, Inc. (the "Developer"').
The first part of the memorandum provides background information for the establishment of the TIF
District. I will be attending the August 5 public hearing and will be available to explain the TIF Plan,
answer questions, and outline the remaining steps in the process. The proposed modified
Development Program and TIF Plan is attached to this memorandum and is available for review by
others at City Hall. The proposed resolution for adopting the modification to Municipal
Development District No. 1 and TIF Plan for District No. 15 is also attached.
The second part of the memorandum provides an analysis and evaluation of the public financial
assistance requested by the Developer to assist with the proposed development project.
Establishment of TIF District No. 15
On July 1, 2013, the City Council adopted Resolution No. 2013-020 calling for a public hearing on the
modification of Development District No.1 and establishment of the TIF District and creation of a
TIF Plan.
Notifications
The use of TIF is governed by Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive,
as amended (the "Act"). All notifications required by the TIF Act have been accomplished:
1. The County and the School District received copies of the draft TIF Plan, including
information on its fiscal and economic implications, pursuant to Minnesota Statutes, Section
469.175, Subd. 2 on July 3, 2013.
2. The notice of the public hearing was published on July 18, 2013.
City Council Actions
The City Council will conduct the public hearing. After closing the public hearing, the City Council
may consider and take action on the proposed use of TIF. My recommendation is that the City
Council act to approve the resolution establishing Development District No. 1 and TIF District 15.
Northland Securities, Inc. 45 South 7th Street, Suite 2000, Minneapolis, MN 55402 Tall Free 1-200-851-2920 Main 612-851-5900
www.norffilandsecurities.com
ember IN and S
Agenda Page 6
Public Hearing for Development District No. 1 and TIF District 15
July 31, 2013
Page 2
TIF Plan Summary
A complete copy of the proposed tax increment
financing plan is included as an attachment to this
memorandum. The following table summarizes the key elements of the TIF Plan.
Item Plan Section
Comments
Project Area Article III, Section
TIF District 15 is located within Development District #1.
3.03.2
The Development Program appears in Article II. The
boundaries of the Development District are coterminous
with the boundaries of the City of Albertville, as shown in
Exhibit V on page 18.
Conformance 3.02.2
Section 3.02 of the TIF Plan summarizes the proposed
With City Plans
development and explains how this development is
consistent with local plans and policies. The City has
approved all necessary zoning changes. No other land use
control changes have been requested or are known to be
needed.
District Type 3.03.3
TIF District 15 is a housing district. The District meets the
statutory criteria in that the municipality finds that the
project will satisfy the income requirements for a qualified
residential rental project.
District Boundary 3.03.2
The TIF District includes the following parcel: 101-500-
023401 as shown in Exhibit V on page 18.
Estimated Tax 3.04.1
The projected development is estimated to create annual
Increment
tax increment revenue of $89,707. This amount is based on
the following factors:
• Assumed Estimated Market Value of the parcel after
development of $4,800,000 based on the proposed
project (this includes building and land value).
• Classification of the property as residential non -
homestead.
• The Original Tax Capacity value of the TIF District
based on the current Estimated Market Value of the
property.
• The Local Tax Rate of 153.420%for taxes payable in
2013. (Because the certification of the TIF District will
occur after June 30, the final Local Tax Rate will not be
known until after the County certifies the pay 2014
Local Tax Rate.)
Agenda Page 53
Public Hearing for Development District No. 1 and TIF District 15
July 31, 2013
Page 3
Item Plan Section Comments
The actual Estimated Market Value of the property will be
set by the County Assessor after completion of
construction. Changes in property values and tax rates
will alter the amount of tax increment revenue from year-
to-year.
Uses of TIF 3.04.2 The TIF Plan assumes that the City will retain the first 10%
3.04.3 of annual tax increment revenue. This money can be used
to pay for City administrative expenses.
3.04.4
Tax increment will be used to pay State and County
3.04.5 administrative expense.
3.04.E The remaining tax increment revenue will be used to pay
Public Costs related to redevelopment of property,
improvements of parking facilities, streets, sidewalks, and
public utilities.
The City reserves the right in the Plan to advance monies
to pay for these improvements through issuance of tax
increment financing (TIF) pay-as-you-go (PAYG)
obligations. The tax increments collected from the TIF
District will be used to repay the obligation. The City
reserves the right to use any other legally available
revenues to finance or pay for public costs associated with
the development in the TIF District.
Duration 3.04.7 The TIF Act allows tax increments to be collected from the
TIF District for a period not to exceed twenty-five (25)
years from the date of receipt of the first tax increment. The
City reserves the right to collect tax increments for this
period to undertake additional eligible activities in the TIF
District and the Development District.
Under the current schedule for development, the first tax
increment will be collected in 2015 (construction
substantially completed in 2014) creating the authority to
collect tax increments through 2040. The City expects to
request decertification of the TIF District after
reimbursement of all eligible public costs and
administrative expense but no later than after the final
receipt of taxes payable.
Administration Article IV Following final City approval of the Plan, Northland will
Agenda Page 54
Public Hearing for Development District No. 1 and TIF District 15
July 31, 2013
Page 4
Item Plan Section Comments
request certification of the TIF District by the County.
Northland will also file a copy of the plan with the State.
Approved development agreements will serve as the
guide for the use of tax increment to reimburse the
Developer.
Beginning in 2014, the City will be responsible for
compliance with statutory annual reporting requirements.
Evaluation of Developer Request for Financial Assistance
Developer Request
Northland received a development pro forma from the Developer for a proposed approximate 60
unit assisted senior living apartment facility (the "Project"). The Project will provide housing and
related support services (assisted living). The Project will be called Engel Haul Elderly Housing. It
will be owned and operated by Evans Park, Inc. (the "Developer").
The Developer's total budget for the Project is approximately $11,565,000. The development
operating pro forma for the Project anticipates the Developer will receive tax increment financing
assistance in the amount of $1,200,000. Tax increment financing assistance will be paid on a semi-
annual basis (to the extent tax increment is collected and sufficient) to reimburse the Developer for
eligible project costs. In order to make construction of the project economically feasible, the
Developer is requesting the City to reimburse the Developer for a portion of the actual costs of
acquiring the development property, site improvements and infrastructure costs. The total principal
amount of public development costs subject to reimbursement will not exceed $1,200,000. Public
development costs in excess of the specified total will be the responsibility of the Developer. The
Developer has indicated that without the public assistance the Project will not be financially feasible.
The funding for construction of the Project is proposed to come from the following sources:
$10,000,000 Proceeds from revenue (conduit) bond issued by the City of Otsego
$1,555,000 Equity provided by Guardian Angels
$10,000 Interest earnings
$11,565,000 Total source of funding for construction of the project
Evaluation of Request for Assistance
The evaluation of requested public financial assistance is based on the following:
■ Developer's construction budget and operating pro forma, submitted June 3, 2013 and then a
revised copy submitted July 26, 2013.
■ Proposed draft tax increment financing plan for TIF District No. 15, dated July 3, 2013.
Agenda Page 55
Public Hearing for Development District No. 1 and TIF District 15
July 31, 2013
Page 5
• Draft Contract for Private Development By and Between City of Albertville and Evans Park,
Inc., dated July 17, 2013.
The overall proposed contract between the Developer and the City contains a variety of elements that
are beyond the scope of this memorandum. The evaluation conducted by Northland focuses on the
proposed use of tax increment financing. The proposed use of tax increment consists of the following
elements:
1. The City proposes to establish TIF District 15 (housing district) as the basis for the requested
financial assistance. In order for the City to provide TIF assistance, the proposed housing
project will need to meet required income restrictions required by State Law for a housing
TIF district. Evans Park will be required to lease at least 20% of the units of the proposed two
buildings to persons that income -qualify at 50% of the area -wide median income threshold.
The income restrictions will apply over the life of the TIF District.
2. The estimated taxable property value used in the estimate of tax increment was reviewed by
the Wright County Assessor and was found to be reasonable. The projections assume that
the property will appreciate at an annual rate of 0.5%.
3. The City will use 90% of the semi-annual tax increment revenue from the development
parcel to reimburse the Developer for up to $1,200,000 of actual development costs plus
interest on the outstanding balance at a rate of 3% on a pay -go (semi-annual) basis.
Northland has reviewed the materials provided by the Developer. Northland prepared a modified
version of the development and operating pro forma for the Project that was submitted by the
Developer. The modified pro forma includes estimates for sources of revenue and expense for the
Project based on the proposed agreement for development. The pro forma includes Northlands
estimates for future tax increment revenue, real estate taxes payable, and limitations on rental income
for affordable units. The updated development and operating pro forma were provided to the City.
Based on the information that is available for review and our analysis, we offer the following
findings:
1. The Project meets the statutory criteria for the use of tax increment financing - but for the
proposed financial assistance the Project as proposed would not occur.
2. Without public financial assistance the return on equity (cost) is at a level that will be
difficult, or not possible according to the Developer, to commit the Developer equity. Given
certain assumptions and the proposed terms for an agreement, as well as estimated
development costs and net operating income, the Developer's return on cost (equity) for the
project over a ten year period (which includes the first year of start-up) is estimated to be
11.7% with public finance assistance and 7.9% without assistance.
3. The proposed development is estimated to generate approximately $2,407,000 in tax
increment (or approximately $1,519,000 on a present value basis at a 3% rate) over a 25 year
life of the TIF District based on the estimated minimum assessed market value for the Project.
The estimated tax increment is approximately $703,000 greater than projected to be needed to
Agenda Page 56
Public Hearing for Development District No. 1 and TIF District 15
July 31, 2013
Page 6
pay for project costs (including interest expense). It is estimated that all obligations for the
Project will be met within 22 years or by year 2036. After obligations are met for the Project
the City will have the option to decertify the TIF District early or to keep the District open in
order to pool tax increment for other qualified housing projects. The ability to keep the
District active after the developer TIF note is satisfied is complicated by the fact the
Developer will no longer be contractually required to satisfy the income requirements that
would allow the District to remain active.
4. The Developer will assume the risk that tax increment will be available and sufficient to
repay the developer TIF note ($1,200,000). The City does not have any obligation to provide
other revenues to cure any future shortfalls in projected tax increment revenues.
5. Another factor in the evaluation of public financial assistance for the Project is the
Developer's completion of City requested public infrastructure improvements (i.e., street and
utility improvements) that will benefit the City as a whole, as part of the Project.
Attachments:
1. Resolution establishing the TIF District
2. TIF Plan for TIF District # 15
Agenda Page 57
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY
OF ALBERTVILLE, MINNE SOTA
HELD: August 5, 2013
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Albertville, Albertville County, Minnesota, was duly called and held on the 5th day of August,
2013, at approximately 7:00 p.m.
The following members of the Council were present:
and the following were absent:
Member introduced the following resolution and moved its adoption:
RESOLiTION 2013-029
RESOLUTION FOR MODIFYING MUNICIPAL DEVELOPMENT DISTRICT No. 1
AND MODIFYING THE DEVELOPMENT PROGRAM THEREFOR AND
ESTABLISHING TAX INCREMENT FINANCING (HOUSING)
DISTRICT NO. 15 THEREIN, AND APPROVING A TAX INCREMENT FINANCING
PLAN THEREFOR
WHEREAS:
A. It has been proposed that the City of Albertville, Minnesota (the "City") modify
Municipal Development District No. 1 (the "Development District") and approve a modification
to the Development Program therefor, establish Tax Increment Financing (Housing) District No.
15 (the "TIF District"} therein and approve and accept the proposed Tax Increment Financing
Plan (the "TIF Plan") therefor, pursuant to Minnesota Statutes, Sections 469.124 through
469.134 and Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive, as amended
(the "Act"); and
B. The City Council has investigated the facts and has caused to be prepared a
proposed modification to the Development Program for the Development District, and has
caused to be prepared a proposed TIF Plan for the TIF District; and
C. The City has performed all actions required by law to be performed prior to the
modification of the Development District and TIF District, and the adoption of the proposed
Development Program and TIF Plan therefor, including, but not limited to, notification of Wright
County and St. Michael -Albertville Public Schools (ISD 4885) having taxing jurisdiction over
the property to be included in the TIF District and the holding of a public hearing upon published
and mailed notice as required by law.
Page
Agenda Page 58
City of Albertville
Resolution No. 20 3-029
Meeting of August 5, 2013
Page 2
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Albertville as follows:
1. Municipal Development District No. 1. The Development Program for the
Development District contained in Article II of the TIF Plan for the TIF District is hereby ratified
and affirmed.
2. Tax Increment Financing (Economic Development) District No. 15. The
TIF District is hereby established in the City within the Development District, the initial
boundaries of which are fixed and determined as described in the TIF Plan for the TIF District.
3. Tax Increment Financing Plan. The TIF Plan is adopted as the tax
increment financing plan for the TIF District, and the City Council makes the following findings:
(a) The TIF District is a housing district as defined in Minnesota Statutes,
Section 469.174, Subd. 11, the specific basis for such determination being that the approximately
63 unit multifamily senior rental housing project will provide safe, decent, affordable, sanitary
housing for residents of the city and it will result in the preservation and enhancement of the tax
base of the State..
(b) The proposed development, in the opinion of the City Council, would not
occur solely through private investment. The reasons supporting this finding are that:
(i) The developer, Evans Park, Inc., has represented to the City that private
investment will not finance these development activities because of
prohibitive construction costs relative to rental revenues for low and
moderate income housing units. It is necessary to finance these
development activities through the use of tax increment financing so that
this and other development by private enterprise will occur within the
Development District.
(ii) A comparative analysis of estimated market values both with and without
establishment of the TIF District and the use of tax increments has been
performed as described above. Such analysis is found in Exhibit I of the
TIF Plan, which is hereby incorporated, herein by reference, and indicates
that the increase in estimated market value of the proposed development
(less the indicated subtractions) exceeds the estimated market value of the
site absent the establishment of the TIF District and the use of tax
increments.
(iii) In the opinion of the City Council, the increased market value of the site
that could reasonably be expected to occur without the use of tax
increment financing would be less than the increase in the market value
estimated to result from the proposed development after subtracting the
present value of the projected tax increments for the maximum duration of
the TIF District permitted by the TIF Plan. The reasons supporting this
finding can be found in Exhibit I of the TIF Plan.
Agenda Page 59
City of Albertville
Resolution No. 2013-029
Meeting of August 5, 2013
Page 3
(d) The TIF Plan for the TIF District conforms to the general plan for
development of the City as a whole.
The reasons for supporting this finding are that:
(i) The TIF District is properly zoned; and
(ii) The TIF Plan will generally complement and serve to implement policies
adopted in the City's comprehensive plan.
(e) The TIF Plan will afford maximum opportunity, consistent with the sound
needs of the City as a whole, for the development or redevelopment of the Development
District by private enterprise.
4. Public Purpose. The adoption of the Development Program for the
Development District, and the adoption of the TIF Plan for the TIF District therein conform in all
respects to the requirements of the Act and will help fulfill a need to provide affordable housing
choices, to improve the tax base and to improve the general economy of the State and thereby
serves a public purpose.
5. Certification and Filing. The City Clerk is authorized and directed to
transmit a certified copy of this resolution together with a certified copy of the TIF Plan to the
Auditor of Wright County with a request that the original tax capacity of the property within the
TIF District be certified to the City pursuant to Section 469.177, Subd. 1 of the Act, and to file a
copy of the Development Program and the TIF Plan with the Minnesota Commissioner of
Revenue and State Auditor as required by the Act.
6. Administration. The administration of the Development District and the
TIF District is assigned to the City Administrator who shall from time to time be granted such
powers and duties pursuant to the Act as the City Council may deem appropriate.
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Adopted by the Albertville City Council this 5th day of August 2013.
Jillian Hendrickson, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 60
STATE OF MINNE SOTA
COUNTY OF WRIGHT
CITY OF ALBERTVILLE
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Albertville, Minnesota, Do HEREBY CERTIFY that I have compared the attached and
foregoing extract of minutes with the original thereof on file in my office, and that the same is a
full, true and complete transcript of the minutes of a meeting of the City Council of said City,
duly called and held on the date therein indicated, insofar as such minutes relate to the
modification of Municipal Development District No. 1 and the establishment of Tax Increment
Financing (Housing) District No. 15 therein in the City.
WITNESS my hand this day of August, 2013.
City Clerk
Page 4
Agenda Page 61
CITY OF ALBERTVILLE, MINNESOTA
MODIFICATION TO DEVELOPMENT PROGRAM FOR
MUNICIPAL DEVELOPMENT DISTRICT NO. 1
TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT FINANCING (HOUSING)
DISTRICT NO. 15
(GUARDIAN ANGELS)
PUBLIC HEARING DRAFT DATED: J U LY 29, 2013
SCHEDULED HEARING DATE: AUGUST 5, 2013
PLAN APPROVED DATE: 12013
PLAN CERTIFICATION REQUEST DATE: 12013
PLAN CERTIFIED DATE: 12013
Northland Securities, Inc.
45 South 7th Street, Suite 2000
Minneapolis, MN 55402
(800) 85 -2920
Member NASD and SIP C
Agenda Page 62
IMon] I V] Kole] III k 14 111 k P
ARTICLE I - INTRODUCTION AND DEFINITIOIVS.........................................................1
Section 1.01 Introduction......................................................................................I
Section1.02 Definitions.........................................................................................I
Section 1.03 Plan Preparation...............................................................................I
ARTICLE II - DEVELOPMENT PROGRAM...................................................................... �
Section2.01
Overview...........................................................................................2
Section 2.02
Statement of Objectives...................................................................2
Section 2.03
Boundaries of Development District.............................................3
Section 2.04
Development Activities...................................................................3
Section 2.05
Payment of Public Costs..................................................................4
Section 2.06
Environmental Controls; Land Use Regulations .........................4
Section 2.07
Park and open Space to be Created..............................................4
Section 2.08
Proposed Reuse of Property...........................................................4
Section 2.09
Administration and Maintenance of Development District ......4
Section2.10
Relocation..........................................................................................4
Section2.11
Amendments.....................................................................................5
ARTICLE I I I - TAX I N C R E M ENT FI N A N C I NG PLAN ...................................................... �
Section 3.01
Statutory Authority..........................................................................6
Section 3.02
Planned Development.....................................................................6
3.02.1
Project Description......................................................................................
6
3.02.2
City Plans and Development Program ....................................................
6
3.02.3
Land Acquisition.........................................................................................6
3.02.4
Development Activities.............................................................................. 6
3.02.5
Need for Tax Increment Financing........................................................... 6
Section 3.03
Tax Increment Financing District...................................................7
3.03.1
Designation.................................................................................................. 7
3.03.2
Boundaries of TIF District.......................................................................... 7
3.03.3
Type of District............................................................................................
7
Section 3.04
Plan for Use of Tax Increment........................................................7
3.04.1
Estimated Tax Increment............................................................................
7
3.04.2
Public Costs..................................................................................................8
3.04.3
Estimated Sources and Uses of Funds .....................................................
9
3.04.4
Administrative Expense...........................................................................10
3.04.5
County Road Costs...................................................................................10
3.04.6
Bonded Indebtedness...............................................................................10
3.04.7
Duration of TIF District............................................................................10
3.04.8
Estimated Impact on other Taxing Jurisdictions.................................10
3.04.9
Prior Planned Improvements..................................................................10
Agenda Page 63
ARTICLE IV -ADMINISTERING THE TIF DISTRICT....................................................11
Section 4.01
Filing and Certification..................................................................I
I
Section 4.02
Modifications of the Tax Increment Financing Plan..................II
Section 4.03
4-Year Knockdown Rule................................................................I
I
Section 4.04
Pooling/5-Year Rule........................................................................12
Section 4.05
Financial Reporting and Disclosure Requirements ...................12
Section 4.06
Business Subsidy Compliance......................................................13
EXHIBITS.........................................................................................................................14
Exhibit I - Present Value Analysis..........................................................................14
Exhibit II - Projected Tax Increment......................................................................15
Exhibit III - Impact on other Taxing Jurisdictions .............................................. 1 G
Exhibit Iv - Estimated Tax Increment over Life of District...............................17
Exhibit V - Map of Municipal Development District No. I and TIF 15 ...........18
Agenda Page 64
TAX INCREMENT FINANCING DISTRICT No. 1-15
1_1AlC441=10H:1•]ilI140C010100loil 114JILI11COUP
A*41CO] 0WKII=ILII1:1•]BlI141CO] 0
The City of Albertville proposes to provide tax increment financing assistance to Evans Park,
Inc. for public costs related to the construction of a multifamily senior housing facility in the
City. This document contains the plan for achieving the objectives of the Development Program
for Municipal Development District No. I through the establishment and use of Tax Increment
Financing District No. 15.
SECTION 1.02 DEFINITIONS
For the purposes of this document, the terms below have the meanings given in this section,
unless the context in which they are used indicates a different meaning:
I. "Authority" means the City of Albertville.
2. "City" means the City of Albertville, Minnesota.
3. "City Council" means the City Council of the City.
4. "County" means Wright County, Minnesota.
5. "Developer" means the party undertaking construction in the TIF District, anticipated to be
Evans Park, Inc.
G. "Development District" means Development District No. I in the City, created and
established pursuant to and in accordance with the Development District Act.
7. "Development District Act" means Minnesota Statutes, Sections 469.124 through 469.134, as
amended and supplemented from time to time.
8. "Development Program" means the Development Program for the Development District, as
amended and supplemented from time to time.
9. "Project Area" means the geographic area of the Development District.
10. "School District" means St. Michael -Albertville Public Schools (ISD #885).
11. "State" means the State of Minnesota.
12. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794 as amended, both
inclusive.
13. "TIF District" means Tax Increment Financing (Housing) District No. 15.
14. "TIF Plan" means the tax increment financing plan for the TIF District (this document).
A*41CO] 0WWIX=»_101:JOki Wil901AIce] 0
This document was prepared for the City by Northland Securities, Inc. The document was
reviewed by Kennedy & Graven, Chartered.
PUBLIC HEARING DRAFT 1
Agenda Page 65
TAX INCREMENT FINANCING DISTRICT No. 1-15
0A1N411a11 :k►J41[01�l►114019:J:101c]:flll►1
A:141 CO] 0 Willits•]►J 4:01 ATA
The City established Municipal Development District No. I and the related Development
Program as a tool to achieve the objectives described in Section 2.02. Development District No.
1 was first approved in April, 1951, and has been modified subsequently. The Development
District serves as the "project area" for tax increment financing districts established within its
boundaries. The Development Program describes the City's objectives for the development of
this area and the use of tax increment financing.
Current modifications to the Development Program include budget revisions to coincide with
the TIF Plan relating to Economic Development Tax Increment Financing (TIF) District No. 15.
This modified Development Program is intended to restate and expand on the original
Development Program and all prior amendments hereto, which are incorporated herein by
reference. Nothing in this modification is intended to supersede or alter the activities described
in the original Development Program.
A:141CO] 0WXIS►AWIM94LY,14019101Kel 3l*40k►jV
The modifications of the Development District in the City pursuant to the Development District
Act are necessary and in the best interests of the City and its residents and are necessary to give
the City the ability to meet certain public purpose objectives that would not be obtainable in the
foreseeable future without intervention by the City in the normal development process.
The current Project is consistent with the established "Statement of objectives" documented
by the original Development Program and prior amendments hereto, which are incorporated
herein by reference.
The established "Statement of objectives" for the Development Program provide the City with
the ability to achieve certain public purpose goals not otherwise obtainable in the foreseeable
future without City intervention in the normal development process. The public purpose
goals include: restore and improve the tax base and tax revenue generating capacity of the
Development District; increase employment and housing opportunities; realize comprehensive
planning goals; remove blighted conditions; revitalize the property within the Development
District to create an attractive, comfortable, convenient, and efficient area for industrial,
commercial and related use. The City and Council seek to achieve the following Development
District program objectives:
1. Promote and secure the prompt development of certain property in the Development
District, which property is not now in productive use or in its highest and best use, in a
manner consistent with the City's Comprehensive Plan and with the minimum adverse
impact on the environment, and thereby promote and secure the development of other land
in the City.
2. Promote and secure additional employment and housing opportunities within the
Development District and the City for residents of the City and the surrounding area,
thereby improving living standards, reducing unemployment and the loss of skilled and
unskilled labor and other human resources in the City.
3. Secure the increase of commercial/industrial property subject to taxation by the City, School,
County and other taxing jurisdictions in order to better enable such entities to pay for
governmental services and programs required to be provided by them.
4. Provide for the financing and construction of public improvements in the Development
District necessary for the orderly and beneficial development of the Development District
PUBLIC HEARING DRAFT
Agenda Page 66
TAX INCREMENT FINANCING DISTRICT No. 1-15
and adjacent areas of the City.
5. Promote the concentration of commercial, office, and other appropriate development in the
Development District so as to maintain the area in a manner compatible With its accessibility
and prominence in the City.
G. Encourage local business expansion, improvement, and development, Whenever possible.
7. Create a desirable and unique character Within the Development District thorough quality
land use alternatives and design quality in new and remodeled buildings.
8. Encourage and provide maximum opportunity for private redevelopment of existing areas
and structures that are compatible with the Development Program.
9. Encourage redevelopment of substandard buildings, to improve employment opportunities
in the Development District and the City, where compatible with other planning and
development goals.
The current boundaries of the existing Development District No. I are depicted in Exhibit V.
The boundaries of Development District No. I are coterminous with the boundaries of the City.
Modifications to the Development Program do not modify the current geographic designation
of Development District No. I. The City is not acting to modify the boundaries. Within
Development District No. I, the City of Albertville has previously established TIF Districts No. I
through 14, inclusive.
A:141CO] 0WX1L=1]:k►1411•]:2►►i140kWiNIk►1IIIV
The City will perform or cause to be performed, to the extent permitted by law, all project
activities pursuant to the Development District Act, the Tax Increment Financing Act and other
applicable state laws, and in doing so anticipates that the following may, but are not required,
to be undertaken by the City:
I. The making of studies, planning, and other formal and informal activities relating to the
Development Program.
2. The implementation and administration of the Development Program.
3. The rezoning of land within the Development District.
4. The acquisition of property, or interests in property, by purchase or condemnation, which
acquisition is consistent with the objectives of the Development Program,
5. The preparation of property for use and development in accordance with applicable Land
Use Regulations and the Development Agreement, including demolition of structures,
clearance of sites, placement of fill and grading.
G. The resale of property to private parties.
7. The construction or reconstruction of site improvements to property within a tax increment
financing district.
8. The issuance of Tax Increment Bonds to finance the Public Costs of the Development
Program, and the use of Tax Increments or other funds available to the City to pay or finance
the Public Costs of a tax increment financing plan incurred or to be incurred by it pursuant
to the Development Program.
9. The use of Tax Increments to pay debt service on the Tax Increment Bonds or otherwise pay
or reimburse with interest the Public Costs of a tax increment financing plan.
PUBLIC HEARING DRAFT
Agenda Page 67
TAX INCREMENT FINANCING DISTRICT No. 1-15
�1:141CO] 0W4111m:kYj►Yil40190120Jon] 0Laiic llk
Public Costs and the plan for their payment will be described in the tax increment financing
plans. It is anticipated that the Public Costs of the Development Program will be paid primarily
from Tax Increments. The City reserves the right to utilize other available sources of revenue,
including but not limited to special assessments and user charges, which the City may apply to
pay a portion of the Public Costs.
SECTION 2.06 ENVIRONMENTAL CONTROLS; LAND USE REGULATIONS
All municipal actions, public improvements and private development shall be carried out
in a manner consistent with existing environmental controls and all applicable Land Use
Regulations.
Park and open space within the Development District if created will be created in accordance
with the City's Comprehensive Plan and zoning and subdivision ordinances.
�1:141CO] 0WX11:=:j:10100114oil :1*111Ito] A:j:10]»:AW1
The Development Program does not contemplate that the City will acquire property and
reconvey the same to another entity. Should the Development Program be amended
to authorize land acquisition, the City Council will require the execution of a binding
development agreement with respect thereto and evidence that Tax Increments or other funds
will be available to repay the Public Costs associated with the proposed acquisition. It is the
intent of the City to negotiate the acquisition of property whenever possible. Appropriate
restrictions regarding the reuse and redevelopment of property shall be incorporated into any
Development Agreement to which the City is a party.
SECTION 2.09 ADMINISTRATION AND MAINTENANCE OF DEVELOPMENT
DISTRICT
Maintenance and operation of the Development District will be the responsibility of the
City Administrator who shall serve as administrator of the Development District. Each year
the administrator will submit to the Council the maintenance and operation budget for the
following year.
The administrator will administer the Development District pursuant to the provisions of
Section 469.131 of the Development District Act; provided, however, that such powers may only
be exercised at the direction of the City Council. No action taken by the administrator pursuant
to the above -mentioned powers shall be effective without authorization by the City Council.
SECTION 2.10 RELOCATION
Any person or business that is displaced as a result of the Development Program will be
relocated in accordance with Minnesota Statutes, Section 117.50 to 117.56. The City accepts
its responsibility for providing for relocation assistance pursuant to Section 469.133 of the
Development District Act.
PUBLIC HEARING DRAFT 4
Agenda Page 68
TAX INCREMENT FINANCING DISTRICT NO. 1-15
The City reserves the right to alter and amend the Development Program, subject to the
provisions of state law regulating such action. The City specifically reserves the right to enlarge
or reduce the size of the Development District, the Development Program and the Public Costs
of the Development.
PUBLIC HEARING DRAFT
Agenda Page 69
TAX INCREMENT FINANCING DISTRICT No. 1-15
A *41 CO]. W3111MI M 101 to] ZYNAU1:1•]Oki IWA
TIF District 15 and this TIF Plan are established under the authority of the TIF Act (Minnesota
Statutes 2013). For future reference in administering the TIF Plan, a copy of the TIF Act (2013)
will be included in the TIF record book for TIF District 15.
A*41CO] 0W1311►M»_l01014oil 0:kVJ41101�LY,1401
.3. 02.1 Project Description
The Developer proposes to build an approximate 63-unit assisted senior living apartment
facility. The project Will provide housing and related support services (assisted living). The
project Will be called Engel Haus Elderly Housing. It Will be owned and operated by Evans
Park, Inc. (the "Developer"'). It is anticipated that the project will result in the creation of
approximately Go jobs.
.3.02.2 City Plans and Development Program
In addition to achieving the objectives of the Development Program, the proposed development
is consistent with and works to achieve the development objectives of the City. The TIF Plan for
the TIF District conforms to the general plan for development or redevelopment of the City as a
whole. The Tax Increment Financing Plan for TIF District No. 15 were referred to the Albertville
Planning Commission, which found that it conforms to the general plan for the development of
the City as a whole.
The City has adopted land use controls to guide the use of property. The proposed
development plans for the Project in the TIF District have been reviewed by the Planning
Commission and the City Council. Both bodies have approved a planned unit development for
the Project.
.3.02.3 Land Acquisition
The City does not intend to acquire any property within the TIF District.
.3.02.4 Development Activities
As of the date of approval of this TIF Plan, there are no development activities proposed in this
TIF Plan that are subject to contracts.
.3.02.5 !Need for Tax Increment Financing
In various materials the Developer has demonstrated that the proposed use of tax increment
financing is needed to offset the high construction costs of high -quality low- to moderate -
income senior housing and associated infrastructure, including construction of a cul-de-sac and
improvements to stormwater management facilities required to support the facility. Without
the proposed assistance, these initial up -front costs would make it infeasible for the Developer
to be able to charge the affordable rents required for low- to moderate -income seniors. Thus, it
is the City's opinion that the proposed development would not reasonably be expected to occur
solely through private investment within the foreseeable future and that the increased market
value of the site that could reasonably be expected to occur without the use of tax increment
financing would be less than the increase in the market value estimated to result from the
proposed development after subtracting the present value of the projected tax increments for
the maximum duration of the TIF District permitted by the TIF Plan.
A comparative analysis of estimated market values both with and without establishment of
the TIF District and the use of tax increments has been performed as described above and is
shown in Exhibit I. This analysis indicates that the increase in estimated market value of the
PUBLIC HEARING DRAFT
Agenda Page 70
TAX INCREMENT FINANCING DISTRICT No. 1-15
proposed development (less the present value of the projected tax increments for the maximum
duration permitted by the TIF Plan) exceeds the estimated market value of the site prior to the
establishment of the TIF District.
SECTION 3.03 TAX INCREMENT FINANCING DISTRICT
3.03.1 Designation
This TIF District is designated Tax Increment Financing (Housing) District No. 15 (Guardian
Angels).
3.03.2 Boundaries of TIF District
The TIF District includes a portion of PID No. 101-500-023401, which is currently undergoing an
administrative subdivision and a replatting process. According to the proposed final plat, the
property making up the TIF District will be described as follows:
I that Part of ft E I H a If of -the Sioutheasl Cktarterf the, Southwest Qua a rter, and tM o Ljflhw ost Qu:arter of
the gibes st Quarter, S eeftn 2. `i ownsN.p 1 20,t R tinge 24R W 6ght CQunty, Un r"oba, deGori bad as f I :
ommencAn g at to Southeast corder of sald SoUhwiesl QLmftr of the S(ulthuast Quarter, thence N oft tag,
degrew 06 m inutes, at s Onds East (assurn ed grin afong to Enst Rno of, said 8d), thw t Quarter afthe
Qu#Va, t Qu Ater` a. dunce of 379,35 feet to ft cantehine of . .,A...K No. 18 Qorrnery Wright Court
Higbway No. 1.1 ft thence Northwesterly deflecting 62 degrees, 3T M Inute 30 :9wondLteft along: said centerfine
for a ,Toe of 303,.'78 Feet to the acluO
P6M 0 I n i ng; thence Southwt do-f-i—ectibg 85 degrees D9 nni inutes
Left a distance of 2441, 2 8 f 't hence SOU IhOast d f lectl ng 94 d agrees 51 m hn utes Left a dls twoe of 156.59 fe0p.
thewe Northeast derlecting 85 degrees 09 rrn inutwLefte d*tsnce of 2,49,28feet to the canter], a of . A, F1 LL
18 (for mie.rIY Wright Gm nty Htghway No. 118ya, thence Southea&W along sia id cwtorfina f o a d lubnce of
16,56 ftet to the most Narlhedy com1 'Hewing Additlon; there SculhV degrees 20,rn hnutes,01 ,ends
0 Along the N orthwestedyUna Of SOM.H ewhg Addit n and the Souk estarly exWslon thereof for
dlstaM 0W85 feet:, mQrc or less, to an int edun with the North 11ne of ft�e nth 5.00 Wren of Aa
ru t arter of the Southead Quarter; nce. 8 o uth 89 degrees 10 rn in utm 49 iseconds W es:t a Iong s6d
ordh fine of tl�e South 5.00 wes of the S utl'nkest Quarter of the Smth quart, r for a. d"Mnce of 1024.94
feet„ m om or Imo, to the VV ast ti no, of $mod Southwest 0 umWer of to Swouth sea,[ Qqarter, thence South 00
degrees 07 m i retain 60 secOnftt akng sad West the of said ;southwest: tearer �f tho Soulheact Quarter
1 r a d1stance of 0.17 feet to an intro" ion with te North 11 South ,10 rods of the Hof of to
Southeast. Quiwter of Me Soulest Quaff, t hw,im Sm thi 88 degrees, 33 rn iiin utes, 02 sac onde W 101. r10 ng Najd
North line of the South 10 rods of the lEast Half -of Ole Sm1heast ijrtsr of tf #e 600rl es t Quxter for a dis,tca
of 3431, feet-, more or leas,. to the centerilne of County Uloh N. u r gas shown on the plat of Albert MILos
thenca Northeasterly a a 1 d ton*1 ire of Cimmty DACh N urnbef 9 �as s how n on the plat of X q a5 -to the
most Easterly comer of Albert'Vfts,, therm Smth 62 d r"R' 55 m inure 08 seconds East aWg the can rline
of ,J aaw avenue for a distance of 9 4.93 feet to -the! nt of beglnr ng.
Exhibit V includes a map showing the boundaries of TIF District No. 15.
.3.0.3.3 Type of District
The TIF District is designated as a "housing" district pursuant to Minnesota Statutes Section
469.174, Subd. II. In the Development Agreement, the developer will commit to:
I. Satisfy the income requirements for a qualified residential rental project as defined in
section 142(d) of the Internal Revenue Code. This requirement applies for the duration
of the tax increment financing district. The Fiscal Year 2013 Area Median Income for the
County is $82,300. The developer will commit to provide (a) 20% or more of units (4 units)
for occupancy by persons at 50% or less of area median gross income ($41,150) or (b) (a)
40% or more of units (8 units) for occupancy by persons at 60% or less of area median gross
income ($49,380). These income thresholds may change over the life of the TIF District.
2. No more than 20% of the square footage of buildings that receive assistance from tax
increments consist of commercial, retail, or other nonresidential uses. Revenue derived from
tax increment from a housing district must be used solely to finance the cost of housing
projects as defined in Minnesota Statutes, Section 469.174, subdivision 11. The cost of public
improvements directly related to the housing projects and the allocated administrative
PUBLIC HEARING DRAFT 7
Agenda Page 71
TAX INCREMENT FINANCING DISTRICT No. 1-15
expenses of the Authority may be included in the cost of a housing project.
3. Failure to comply with these income limitations is subject to Minnesota Statutes, Section
469.1771.
A:141CO] .WteL=»A01;101 MZo]aMKIS1014Oki 4LY,140k
.3.04.1 Estimated Tax Increment
The original net tax capacity of value of the TIF District will be set by the County upon request
for certification. For the purposes of this Plan, the estimated original net tax capacity is $1,828.
This amount is estimated based on 33% (1/3) of the most recent published estimated market
value of $438,800 for Parcel 101-500-023401 (the parcel that is subject to an administrative
subdivision and replatting process); with tax capacity value calculated for residential non -
homestead property.
The total tax capacity value of the property after development is estimated to be $60,000. This
amount is based on a total estimated market value of $4,800,000 with property classified as
residential non -homestead. The difference between the total tax capacity value and the original
net tax capacity value is the captured tax capacity value for the creation of tax increment
($58,472).
The total local tax rate for taxes payable in 2013 is 153.420%. The TIF Plan assumes that this
rate will be set as the original Local Tax Rate for the District. At the time of the certification
of the original net tax capacity for the TIF District, the county auditor shall certify the original
local tax rate that applies to the TIF District. The original local tax rate is the sum of all the local
tax rates, excluding that portion of the school rate attributable to the general education levy
under Minnesota Statutes section 126C.13, that apply to a property in the TIF District. The local
tax rate to be certified is the rate in effect for the same taxes payable year applicable to the tax
capacity values certified as the TIF District's original tax capacity. The resulting tax capacity rate
is the original local tax rate for the life of the TIF District.
Under these assumptions, the estimated annual tax increment will be $89, 707. The actual tax
increment will vary according to the certified original tax capacity value and original tax rate,
the actual property value produced by the proposed development and the changes in property
value and State tax policy over the life of the district.
It is the City's intent to retain 100% of the Capture Tax Capacity Value for the life of the TIF
district. Exhibit II contains the projected tax increment over the life of the District.
.3.04.2 Public Costs
The City will use tax increment to reimburse the Developer for project costs in an amount not to
exceed $1,200,000. Costs eligible for reimbursement include site improvements and the cost of
constructing the affordable housing. In addition, the City will pay interest expense (estimated
at ($505,000) at a rate not to exceed 3%. The City will use 90% of the tax increment revenue
collected semi-annually to reimburse the Developer for these expenses.
The City and the Developer will enter into a development agreement that sets the amount to be
reimbursed (not to exceed $1,200,000) and means for verifying costs eligible for reimbursement
and the means of disbursing tax increments collected by the City.
The City reserves the authority to expend tax increment from the TIF District on other housing
projects that meet the criteria for establishing a housing TIF district. The statutes governing the
use of TIF define a housing district consisting of a project, or a portion of a project, intended for
occupancy, in part, by persons or families of low and moderate income (Minnesota Statutes,
Section 469.174, Sub d. 11) . The requirements for the establishment of a housing TIF district are
contained in Minnesota Statutes, Section 469.1761. The primary criteria are income related. The
criteria are different for owned and rental housing.
PUBLIC HEARING DRAFT
Agenda Page 72
TAX INCREMENT FINANCING DISTRICT No. 1-15
The practical application of this authority for the City includes:
• The use of tax increment is not limited by pooling restrictions or the five-year rule.
• The tax increment can be spent on activities outside of the TIF district, but within the
Development District No. 1.
• This authority does not extend the maximum statutory duration of the TIF district.
• The tax increment must be used solely to finance the cost of the "housing project"
as defined by the TIF Act. The cost of public improvements directly related to the
housing project and the allocated administrative expenses of the city may be included
in the cost of a housing project.
• No more than 20% of the square footage of buildings that receive TIF assistance may
consist of commercial, retail, or other nonresidential uses.
Potential applications of this authority include:
• Individual housing projects avoiding the need for a new TIF district.
• Supplementing the revenues of another housing TIF district.
• Assistance for the renovation of existing housing.
• Acquisition of land for housing.
• Assistance to make public improvements more affordable.
The 10% of the annual tax increment retained by the City will be used primarily to pay for
eligible administrative expense.
The City does not expect other revenues will be used to finance or pay for public costs
associated with the development in the TIF District.
3.04.3 Estimated Sources and Uses of Funds
The estimated sources of revenue, along with the estimated public costs of the TIF District,
are itemized in Figure 3-3 that follows. Such costs are eligible for reimbursement from tax
increments, and other listed sources of revenue from the TIF District.
PUBLIC HEARING DRAFT
9
Agenda Page 73
TAX INCREMENT FINANCING DISTRICT No. 1-15
FIGURE 3-2
ESTIMATED SOURCES AND USES OF FUNDS
Total
Estimated Tax Increment Revenues (from tax increment generated by the district)
Tax increment revenues distributed from the county $1,892,000
Interest and investment earnings $0
Sales/lease proceeds $0
Market value homestead credit $0
Total Estimated Tax Increment Revenues $1,892,000
Estimated Project/Financing Costs (to be paid or financed with tax increment)
Project costs
$0
Land/building acquisition
$0
Site improvements/preparation costs
$200,000
Utilities
$0
Other qualifying improvements
$1,000,000
Construction of affordable housing
$0
Small city authorized costs, if not already included above
$0
Administrative costs
$187,000
Estimated Tax Increment Project Costs
$1,387,000
Estimated financing costs
Interest expense
$505,000
Total Estimated Project/Financing Costs to be Paid from Tax Increment
$1,892,000
Estimated Financing
Total amount of bonds to be issued
$1,200,000
The Authority reserves the right to administratively adjust the amount of any of the items listed
above or to incorporate additional eligible items, so long as the total estimated public cost (uses)
is not increased.
.3. 04.4 Administrative Expense
The City will retain ten percent (10%) of annual tax increment revenues, less fees paid to the
State and County. The City will use these monies to pay for and reimburse the City for costs of
administering the TIF district allowed by the TIF Act. Based on current projections, this amount
is estimated to be $187,000. Anticipated administrative expenses of the TIF District include
annual audit of the fund for TIF District, preparation of annual reporting, legal publication of
annual report, and administration of the development agreement.
.3. 04.5 County Road Costs
The proposed development will not substantially increase the use of county roads and
necessitate the need to use tax increments to pay for county road improvements.
PUBLIC HEARING DRAFT
10
Agenda Page 74
TAX INCREMENT FINANCING DISTRICT No. 1-15
.3. 04.6 Bonded Indebtedness
The City does not expect to incur any bonded indebtedness as a result of the TIF Plan. The City
intends to use tax increments on a pay-as-you-go basis pursuant to a development agreement
with the Developer. The amount of the pay-as-you-go obligation will set by the development
agreement, but will not exceed $1,200,000.
.3. 04.7 Duration of TIF District
The TIF Act allows tax increments to be collected from the TIF District for a period not to exceed
25 years from the date of receipt of the first tax increment. The City reserves the right to collect
and spend tax increments on eligible purposes for the maximum 25 years after the date of
receipt of the first tax increment. The City expects to request decertification of the TIF District
after reimbursement of all eligible public costs and administrative expense but no later than
after the final receipt of tax increment. Based on estimates in the TIF Plan, the City expects to
decertify the TIF District by the end of year 2035 but no later than the end of year 2040.
.3.04.8 Estimated Impact on other Taxing Jurisdictions
Exhibit III and IV shows the estimated impact on other taxing jurisdictions if the maximum
projected retained captured net tax capacity of the TIF District was hypothetically available to
the other taxing jurisdictions. The City believes that there will be no adverse impact on other
taxing jurisdictions during the life of the TIF District, since the proposed development would
not have occurred without the establishment of the TIF District and the provision of public
assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is
decertified and the development therein becomes part of the general tax base.
The City anticipates minimal impact of the proposed development on city -provided services.
There will be no borrowing costs to the City for the project. A manageable increase in water and
sewer usage is expected. It is anticipated that there may be a slight but manageable increase in
police and fire protection duties due to the development.
.3.04.9 Prior Planned Improvements
There have been no building permits issued in the last 18 months in conjunction with any of
the properties within the TIF District. The City will include this statement with the request for
certification to the County Auditor. If building permits had been issued during this time period,
then the County Auditor would increase the original net tax capacity of the TIF District by the
net tax capacity of each improvement for which a building permit was issued.
IllAIN1:1i►01111LTiI101&114Oki 10141001:111A1)&11Oki N
A:141Col 0[K'1=91110" l 0 1 IX4 4 A I 19 DFA I Col 0
The filing and certification of the TIF Plan consists of the following steps:
1. Upon adoption of the TIF Plan, the City shall submit a copy of the TIF Plan to the Minnesota
Department of Revenue and the office of the State Auditor.
2. The Authority shall request that the County Auditor certify the original net tax capacity and
net tax capacity rate of the TIF District. To assist the County Auditor in this process, the City
shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting
the TIF Plan, and a listing of any prior planned improvements.
3. The City shall send the County Assessor any assessment agreement establishing the
minimum market value of land and improvements in the TIF District, and shall request that
the County Assessor review and certify this assessment agreement as reasonable.
PUBLIC HEARING DRAFT 11
Agenda Page 75
TAX INCREMENT FINANCING DISTRICT NO. 1-15
SECTION 4.02 MODIFICATIONS OF THE TAX INCREMENT FINANCING PLAN
The City reserves the right to modify the TIF District and the TIF Plan. Under current State
Law, the following actions can only be approved after satisfying all the necessary requirements
for approval of the original TIF Plan (including notifications and public hearing):
■ Reduction or enlargement in the geographic area of the Development District or the TIF
District.
■ Increase in the amount of bonded indebtedness to be incurred.
■ Increase in the amount of capitalized interest.
■ Increase in that portion of the captured net tax capacity to be retained by the City.
■ Increase in the total estimated public costs.
■ Designation of additional property to be acquired by the City.
Other modifications can be made by resolution of the City Council. In addition, the original
approval process does not apply if (1) the only modification is elimination of parcels from the
TIF District and (2) the current net tax capacity of the parcels eliminated equals or exceeds the
net tax capacity of those parcels in the TIF District's original net tax capacity, or the City agrees
that the TIF District's original net tax capacity will be reduced by no more than the current net
tax capacity of the parcels eliminated.
The City must notify the County Auditor of any modification that reduces or enlarges the
geographic area of the TIF District. The geographic area of the TIF District may be reduced but
not enlarged after five years following the date of certification.
�1 : 141 Col 0 [ K*IW,i WA:_1:4 ►4 0101 'L41101TA 01:1111:
Since the TIF District consists of a single parcel, development of the project as planned
prevents any loss of value from the 4-Year Knockdown Rule. This Rule requires that if after
four years from certification of the TIF District no demolition, rehabilitation, renovation or site
improvement, including a qualified improvement of an adjacent street, has commenced on a
parcel located within the TIF District, then that parcel shall be excluded from the TIF District
and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a
street are limited to construction or opening of a new street, relocation of a street, or substantial
reconstruction or rebuilding of an existing street. The City must submit to the County Auditor,
by February 1 of the fifth year, evidence that the required activity has taken place for each parcel
in the TIF District.
If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently
commences any of the above activities, the City shall certify to the County Auditor that such
activity has commenced and the parcel shall once again be included in the TIF District. The
County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the
Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF
District.
SECTION 4.04 POOLING/5-YEAR RULE
At least 75% of the tax increments (net of administrative expenses) from this TIF District (the
"In -District Percentage") must be expended on activities within the TIF District, including
payment on any bonds for which the proceeds were used to finance activities within the
TIF District. Up to 25% of the tax increments from this TIF District may be used to finance
activities outside the TIF District but within the Development District. Assuming the maximum
administrative expense ($239,000), the estimated maximum spending outside of the TIF District,
PUBLIC HEARING DRAFT 12
Agenda Page 76
TAX INCREMENT FINANCING DISTRICT NO. 1-15
net of administrative expense, would be $360,750 over the life of the TIF District.
Tax increments are considered to have been "spent" within the TIF District if such amounts are:
• actually paid to a third party for activities performed within the TIF District within five
years after certification of the district;
• used to pay bonds that were issued and sold to a third party, the proceeds of which are
reasonably expected on the date of issuance to be spent within the later of the five-year
period or a reasonable temporary period or are deposited in a reasonably required reserve
or replacement fund.
• used to make payments or reimbursements to a third party under binding contracts for
activities performed within the TIF District, which were entered into within five years after
certification of the district; or
• used to reimburse a party for payment of eligible costs (including interest) incurred within
five years from certification of the district; or
• in the case of a housing district, used for a housing project, as defined in section 469.174,
subdivision 11.
Beginning with the sixth year after certification of the TIF District, if the tax increments actually
received by the City representing the In -District Percentage exceed the amounts considered
"spent" within the TIF District, the excess must be used or set aside to pay or defease bonds (as
described above) or to make payments under contracts (as described above). The TIF District
must be decertified when the City has received tax increments representing the In -District
Percentage in an amount sufficient to fully pay its in -district obligations (i.e. defease any bonds
and/or fulfill all contractual obligations).
It is anticipated that all tax increments collected in the TIF District will spent or obligated
within this time period. Unless the TIF Plan is modified within this five-year period and
additional expenditures are authorized, tax increments will only be used to pay for authorized
redevelopment costs and administrative expenses.
SECTION 4.05 FINANCIAL REPORTING AND DISCLOSURE REQUIREMENTS
The City will comply with the annual reporting requirements of State Law pursuant to the
guidelines of the office of the State Auditor. Under current law, the City must prepare and
submit a report on the TIF district on or before August I of each year. The City must also
annually publish in a newspaper of general circulation in the City an annual statement for each
tax increment financing district.
The reporting and disclosure requirements outlined in this section begin with the year the
district was certified, and shall end in the year in which both the district has been decertified
and all tax increments have been spent or returned to the county for redistribution. Failure to
meet these requirements, as determined by the State Auditors office, may result in suspension
of distribution of tax increment.
The City is exempt from the business subsidies requirements specified in Minnesota Statutes,
Sections 116J.993 to 116J.995 because the intended subsidy for the project specified in this
document is anticipated to be 100%for housing assistance.
PUBLIC HEARING DRAFT 13
Agenda Page 77
TAX INCREMENT FINANCING DISTRICT No. 1-15
Exhibit I
City of Albertville
Tax Increment Financing District No. 15
Present Value Analysis As Required By
Minnesota Statutes 469.175(3)(2)
Guardian Angels
1 Estimated Future Market Value w/ Tax Increment Financing 5/437/419
2 Payable 2013 Market Value
1461267
3 Market Value Increase (1-2)
5/291/152
4 Present Value of Future Tax Increments
1/519/729
5 Market Value Increase Less PV of Tax Increments
3/771/423
G Estimated Future Market Value w/o Tax Increment Financing
1651690
7 Payable 2013 Market Value
1461267
S Market Value Increase (6-7)
191424
9 Increase in MV From TIF
3/751/999
1 Assume 0.5% annual appreciation over 25 year fife of district.
z Statutory compliance achieved if increase in market value from TIF (Line 9) is
greater than or equal to zero.
PUBLIC HEARING DRAFT
14
Agenda Page 78
TAX INCREMENT FINANCING DISTRICT NO. 1-15
Tax Increment Financing District No. 15
Projected Tax Increment
Guardian Angels
Assumed
100.00%
10.00%
0.36%
A►►ailable
Total
TIF
Taxes
New
Base
Captured
Original
Estimated
State
Net Annual
PV of Net
District Value Payable
Tax
Tax
Tax
Tax
Tax
City
Auditor
Tax
A►►ailable TIF
Year
Year
Year
Capacity,
Capacity
Capacity
Rate
Increment
Admin.
Deduct.
Increment
3.00%
1
2014
2015
15,000
(1,828)
13,172
153.420%
20,208
(2,014)
(73)
18,122
17,159
2
2015
2016
60,300
(1,828)
58,472
153.420%
89,707
(8,938)
(323)
80,446
91,098
3
2016
2017
60,602
(1,828)
58,773
153.420%
90,170
(8,985)
(325)
80,861
163,239
4
2017
2018
60,905
(1,828)
59,076
153.420%
90,635
(9,031)
(326)
81,278
233,623
5
2018
2019
61,209
(1,828)
59,381
153.420%
91,102
(9,077)
(328)
81,697
302,295
6
2019
2020
61,515
(1,828)
59,687
153.420%
91,571
(9,124)
(330)
82,117
369,296
7
2020
2021
61,823
(1,828)
59,994
153.420%
92,043
(9,171)
(331)
82,540
434,666
8
2021
2022
62,132
(1,828)
60,303
153.420%
92,518
(9,218)
(333)
82,966
498,445
9
2022
2023
62,442
(1,828)
60,614
153.420%
92,994
(9,266)
(335)
83,393
567,836
10
2023
2024
62,755
(1,828)
60,926
153.420%
93,473
(9,314)
(337)
83,823
635,538
11
2024
2025
63,068
(1,828)
61,240
153.420%
93,955
(9,362)
(338)
84,255
701,592
12
2025
2026
63,384
(1,828)
61,555
153.420%
94,438
(9,410)
(340)
84,688
766,038
13
2026
2027
63,701
(1,828)
61,872
153.420%
94,925
(9,458)
(342)
85,125
828,916
14
2027
2028
64,019
(1,828)
62,191
153.420%
95,413
(9,507)
(343)
85,563
890,263
15
2028
2029
64,339
(1,828)
62,511
153.420%
95,904
(9,556)
(345)
86,003
950,117
16
2029
2030
64,661
(1,828)
62,833
153.420%
96,398
(9,605)
(347)
86,446
1,008,514
17
2030
2031
64,984
(1,828)
63,156
153.420%
96,894
(9,655)
(349)
86,891
1,065,489
18
2031
2032
65,309
(1,828)
63,481
153.420%
97,392
(9,704)
(351)
87,337
1,121,077
19
2032
2033
65,636
(1,828)
63,807
153.420%
97,893
(9,754)
(352)
87,787
1,175,312
20
2033
2034
65,964
(1,828)
64,136
153.420%
98,397
(9,804)
(354)
88,238
1,228,227
21
2034
2035
66,294
(1,828)
64,465
153.420%
98,903
(9,855)
(356)
88,692
1,279,853
22
2035
2036
66,625
(1,828)
64,797
153.420%
99,411
(9,905)
(358)
89,148
1,330,222
23
2036
2037
66,958
(1,828)
65,130
153.420%
99,922
(9,956)
(360)
89,606
1,379,365
24
2037
2038
67,293
(1,828)
65,465
153.420%
100,436
(10,007)
(362)
90,067
1,427,311
25
2038
2039
67,630
(1,828)
65,801
153.420%
100,952
(10,059)
(363)
90,530
1,474,090
26
2039
2040
67,968
(1,828)
66,139
153.420%
101,471
(10,111)
(365)
90,995
1,519,729
TOTAL =
2,407,125
(239,846)
(8,666)
2,158,613
Key Asssumptions
1 Base value annual growth assumption =
0.50%
assume 50% completed
in 2013
and 100%
completed in
2014
2 Property
Tax rate from Wright County
=
2013
district will not
be certified until after 30-Jun,
actual tax rate
will be based on 2014
3 Base Value =
$146,267
land, non-residential classification, 2013 value
for taxes payable 2014
4 New Value =
$4,800,000
60 units at $80,000/unit
5 Present value is based on semi-annual payments.
6 Schedule shows estimated total tax increment available over
maximum life
of district. City plans to decertify the district
when the developer
note is
satisfied
or 25 years after the first
year of collection, whichever occurs first.
PUBLIC HEARING DRAFT
15
Agenda Page 79
TAX INCREMENT FINANCING DISTRICT No. 1-15
Exhibit III
City of Albertville
Tax Increment Financing District No. 15
Impact on other Taxing Jurisdictions
(Taxes Payable 2013)
Guardian Angels
ANNUAL TAX INCREMENT
Estimated Annual Captured Tax Capacity (Full Development) $66,139
Payable 2013 Local Tax Rate 153.420%
Estimated Annual Tax Increment $101,471
Percent of Tax Base
Net Tax
Captured
Percent of
Capacity
Tax
Total NTC
(NTC)
Capacity
Albertville 6/170/203
661139
1.07%
Wright County 11319431255
661139
0.06%
ISD 885 151188,906
661139
0.44%
Dollar Impact of Affected Taxing Jurisdictions
Net Tax
Tax
Added
Capacity
% of Total
Increment
Local Tax
(NTC)
Share
Rate
Albertville
51.945%
33.858%
341356
0.557%
Wright County
44.280%
28.862%
291287
0.026%
ISD 885
57.195%
37.280%
371828
0.249%
Other
0.000%
0.000%
0
Totals
153.420%
100.000%
1011471
NOTE NO. 1: Assuming that ALL of the captured tax capacity would be available to all taxing jurisdictions
even if the City does not create the Tax Increment District, the creation of the District will reduce tax
capacities and increase the local tax rate as illustrated in the above tables.
NOTE NO. 2: Assuming that NONE of the captured tax capacity would be available to the taxing jurisdiction
if the City did not create the Tax Increment District, then the plan has virtually no initial effect on the tax
capacities of the taxing jurisdictions. However, once the District is established, allowable costs paid from the
increments, and the District is terminated, all taxing jurisdictions will experience an increase in their tax
base.
PUBLIC HEARING DRAFT
16
Agenda Page 80
TAX INCREMENT FINANCING DISTRICT NO. 1-15
TIF
District
Year
Taxes
Payable
Year
Exhibit IV
City of Albertville
Tax Increment Financing District No. 15
Estimated Tax Increments Over Maximum Life of District
Guardian Angels
Based on Pay 2013 Tax Rate = 153.420% 51.945% 44.280%
Estimated City County
New Base Captured Total TIF TIF
Tax Tax Tax Tax Related Related
Capacity Capacity Capacity Increment Share Share
57.195%
School
TIF
Related
Share
0.000%
Other
TIF
Related
Share
1
2015
15,000
(1,828)
13,172
20,208
5,842
5,832
7,534
0
2
2015
50,300
(1,828)
58,472
89,707
30,373
25,891
33,443
0
3
2017
50,502
(1,828)
58,773
90,170
30,530
25,025
33,515
0
4
2018
50,905
(1,828)
59,075
90,535
30,587
25,159
33,789
0
5
2019
51,209
(1,828)
59,381
91,102
30,845
25,294
33,953
0
5
2020
51,515
(1,828)
59,587
91,571
31,004
25,429
34,138
0
7
2021
51,823
(1,828)
59,994
92,043
31,154
25,555
34,314
0
8
2022
52,132
(1,828)
50,303
92,518
31,325
25,702
34,491
0
9
2023
52,442
(1,828)
50,514
92,994
31,485
25,840
34,558
0
10
2024
52,755
(1,828)
50,925
93,473
31,548
25,978
34,847
0
11
2025
53,058
(1,828)
51,240
93,955
31,811
27,117
35,025
0
12
2025
53,384
(1,828)
51,555
94,438
31,975
27,257
35,207
0
13
2027
53,701
(1,828)
51,872
94,925
32,140
27,397
35,388
0
14
2028
54,019
(1,828)
52,191
95,413
32,305
27,538
35,570
0
15
2029
54,339
(1,828)
52,511
95,904
32,471
27,580
35,753
0
15
2030
54,551
(1,828)
52,833
95,398
32,538
27,822
35,937
0
17
2031
54,984
(1,828)
53,155
95,894
32,805
27,955
35,122
0
18
2032
55,309
(1,828)
53,481
97,392
32,975
28,109
35,308
0
19
2033
55,535
(1,828)
53,807
97,893
33,145
28,254
35,495
0
20
2034
55,954
(1,828)
54,135
98,397
33,315
28,399
35,582
0
21
2035
55,294
(1,828)
54,455
98,903
33,487
28,545
35,871
0
22
2035
55,525
(1,828)
54,797
99,411
33,559
28,592
37,051
0
23
2037
55,958
(1,828)
55,130
99,922
33,832
28,840
37,251
0
24
2038
57,293
(1,828)
55,455
100,436
34,005
28,988
37,443
0
25
2039
57,530
(1,828)
55,801
100,952
34,180
29,137
37,535
0
25
2040
57,958
(1,828)
55,139
101,471
34,355
29,287
37,828
0
Total
2,407,125
815,005
694,742
897,379
0
PUBLIC HEARING DRAFT
17
Agenda Page 81
TAX INCREMENT FINANCING DISTRICT NO. 1-15
EXHIBIT V
Boundaries of Municipal District No. 1 and Tax Increment Financing District No. 15
PUBLIC HEARING DRAFT
m
Agenda Page 82
CITY OF ALBERTVILLE
RESOLiTION No. 2013-030
RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT
AND AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS,
COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS TAX INCREMENT
REVENUE NOTE, SERIES 2013; IN THE MAXIMiM PRINCIPAL AMOUNT OF
$11200,000.
BE IT RESOLVED BY the City Council ("Council") of the City of Albertville, Minnesota
(the "City") as follows:
Section 1. Authorization; Award of Sale.
1.01. Authorization. On the date hereof, the City has heretofore approved the
establishment of Tax Increment Financing District No. 15 (the "TIF District") within
Development District No. 1 ("Project"), and has adopted a tax increment financing plan for the
purpose of financing certain improvements within the Project.
Pursuant to Minnesota Statutes, Section 469.178, the City is authorized to issue and sell
its bonds for the purpose of financing a portion of the public development costs of the
Development District. Such bonds are payable from all or any portion of revenues derived from
the TIF District and pledged to the payment of the bonds. The City hereby finds and determines
that it is in the best interests of the City that it issue and sell its Tax Increment Revenue Note,
Series 2013 (the "Note") in the maximum aggregate principal amount of $1,200,000 for the
purpose of financing certain public costs of the Project.
1.02. Agreement Approved; Issuance, Sale, and Terms of the Note. The City hereby
approves the Contract for Private Development (the "Agreement") between the City and Evans
Park, Inc. (the "Owner"), and authorizes the Mayor and City Administrator to execute such
Agreement in substantially the form on file with City, subject to modifications that do not alter
the substance of the transaction and are approved by such officials, provided that execution of
the Agreement by such officials is conclusive evidence of their approval. Pursuant to the
Agreement, the Note shall be sold to the Owner. The Note shall be dated as of the date of
delivery and shall bear interest at the rate of 3% per annum to the earlier of maturity or
prepayment. The City shall receive in exchange for the sale of the Note the payment by the
Owner of the Public Development Costs as defined in the Agreement. The Note will be
delivered in accordance with the terms of Section 3.3 of the Agreement.
Section 2. Form of Note. The Note shall be in substantially the following form, with
the blanks to be properly filled in and the principal amount adjusted as of the date of issue:
Agenda Page 83
428671v1 MNI AL141-59
No. R-1
UNITED STATE OF A MERIC A
STATE OF MINNESOTA
COUNTY OF WRIGHT
CITY OF ALBERTVILLE
TAX INCREMENT REVENUE NOTE
SERIES 2013
Date
Rate of Original Issue
3.0% , 20
The City of Albertville, Minnesota (the "City"), for value received, certifies that it is indebted
and hereby promises to pay to Evans Park, Inc. or registered assigns (the "Owner"), the principal
sum of $ and to pay interest thereon at the rate of three percent (3.0%) per
annum, but solely from the sources and to the extent set forth herein.
1. Payments. Principal and interest ("Payments") shall be paid on August 1, 2015
and each February 1 and August 1 thereafter to and including February 1, 2040 ("Payment
Dates") in the amounts and from the sources set forth in Section 3 herein. Payments shall be
applied first to accrued interest, and then to unpaid principal.
Payments are payable by mail to the address of the Owner or such other address as the
Owner may designate upon 30 days written notice to the City. Payments on this Note are
payable in any coin or currency of the United States of America which, on the Payment Date, is
legal tender for the payment of public and private debts.
2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal,
commencing on the date of original issue. Interest shall be computed on the basis of a 360-day
year consisting of twelve (12) months of thirty (30) days.
3. Available Tax Increment. Payments on this Note are payable on each Payment
Date in the amount of and solely payable from "Available Tax Increment," which shall mean, on
each Payment Date, ninety percent (90%) of the Tax Increment attributable to the Development
Property and paid to the City by Wright County in the six months preceding the Payment Date,
all as such terms are defined in the Contract for Private Development between the City and
Owner dated as of , 2013 (the "Agreement"). Available Tax Increment shall
not include any Tax Increment if, as of any Payment Date, there is an uncured Event of Default
under the Agreement.
The City shall have no obligation to pay principal of and interest on this Note on each
Payment Date from any source other than Available Tax Increment, and the failure of the City to
Agenda Page 84
425671v1 MNI AL141-59 2
pay the entire amount of principal or interest on this Note on any Payment Date shall not
constitute a default hereunder as long as the City pays principal and interest hereon to the extent
of Available Tax Increment. The City shall have no obligation to pay any unpaid balance of
principal or accrued interest that may remain after the final Payment on February 1, 2040.
4. optional Prepayment. The principal sum and all accrued interest payable under
this Note is prepayable in whole or in part at any time by the City without premium or penalty.
No partial prepayment shall affect the amount or timing of any other regular payment otherwise
required to be made under this Note.
5. Termination. At the City's option, this Note shall terminate and the City's
obligation to make any payments under this Note shall be discharged upon the occurrence of an
Event of Default on the part of the Developer as defined in Section 9.1 of the Agreement, but
only if the Event of Default has not been cured in accordance with Section 9.2 of the Agreement.
6. Nature of Obligation. This Note is one of an issue in the total principal amount of
$ all issued to aid in financing certain public development costs and
administrative costs of a Project undertaken by the City pursuant to Minnesota Statutes, Sections
469.124 through 469.134, and is issued pursuant to an authorizing resolution (the "Resolution")
duly adopted by the City on August 5, 2013, and pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174
to 469.179. This Note is a limited obligation of the City which is payable solely from Available
Tax Increment pledged to the payment hereof under the Resolution. This Note and the interest
hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any
political subdivision thereof, including, without limitation, the City. Neither the State of
Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or
interest on this Note or other costs incident hereto except out of Available Tax Increment, and
neither the full faith and credit nor the taxing power of the State of Minnesota or any political
subdivision thereof is pledged to the payment of the principal of or interest on this Note or other
costs incident hereto.
7. Registration and Transfer. This Note is issuable only as a fully registered note
without coupons. As provided in the Resolution, and subject to certain limitations set forth
therein, this Note is transferable upon the books of the City kept for that purpose at the principal
office of the City Administrator, by the owner hereof in person or by such owner's attorney
duly authorized in writing, upon surrender of this Note together with a written instrument of
transfer satisfactory to the City, duly executed by the owner. Upon such transfer or exchange
and the payment by the owner of any tax, fee, or governmental charge required to be paid by the
City with respect to such transfer or exchange, there will be issued in the name of the transferee a
new Note of the same aggregate principal amount, bearing interest at the same rate and maturing
on the same dates.
This Note shall not be transferred to any person other than an affiliate, or other related
entity, of the owner unless the City has been provided with an opinion of counsel or a certificate
of the transferor, in a form satisfactory to the City, that such transfer is exempt from registration
and prospectus delivery requirements of federal and applicable state securities laws.
Agenda Page 85
425671v1 MNI AL141-59 3
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen,
and to be performed in order to make this Note a valid and binding limited obligation of the City
according to its terms, have been done, do exist, have happened, and have been performed in due
form, time and manner as so required.
IN WITNESS WHEREOF, the City Council of the City of Albertville, Minnesota has
caused this Note to be executed with the manual signatures of its Mayor and City Administrator,
all as of the Date of Original Issue specified above.
CITY OF ALBERTVILLE, MINNESOTA
City Administrator
Mayor
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register
of the City Administrator, in the name of the person last listed below.
Date of Signature of
Registration Registered Owner City Administrator
Evans Park, Inc.
Section 3. Terms, Execution and Delivery.
3.01. Denomination, Payment. The Note shall be issued as a single typewritten note
numbered R-1. The Note shall be issuable only in fully registered form. Principal of and interest
on the Note shall be payable by check or draft issued by the Registrar described herein.
3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be
payable by mail to the owner of record thereof as of the close of business on the fifteenth day of
the month preceding the Payment Date, whether or not such day is a business day.
3.03. Registration. The City hereby appoints the City Administrator to perform the
functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of
registration and the rights and duties of the City and the Registrar with respect thereto shall be as
Agenda Page 86
425671v1 MNI AL141-59 4
follows:
(a) Register.. The Registrar shall keep at its office a bond register in which the
Registrar shall provide for the registration of ownership of the Note and the registration of
transfers and exchanges of the Note.
(b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form reasonably
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly
authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, a new Note of alike aggregate principal amount
and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not
be transferred to any person other than an affiliate, or other related entity, of the owner unless
the City has been provided with an opinion of counsel or a certificate of the transferor, in a form
satisfactory to the City, that such transfer is exempt from registration and prospectus delivery
requirements of federal and applicable state securities laws. The Registrar may close the books
for registration of any transfer after the fifteenth day of the month preceding each Payment Date
and until such Payment Date.
(c) Cancellation. The Note surrendered upon any transfer shall be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(d) Improper or Unauthorized Transfer. when the Note is presented to the Registrar
for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement
on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur
no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(e) Persons Deemed owners. The City and the Registrar may treat the person in
whose name the Note is at any time registered in the bond register as the absolute owner of the
Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on such Note and for all other purposes, and all such
payments so made to any such registered owner or upon the owner's order shall be valid and
effectual to satisfy and discharge the liability of the City upon such Note to the extent of the sum
or sums so paid.
(f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the
Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for
any tax, fee, or other governmental charge required to be paid with respect to such transfer or
exchange.
(g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become
mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount,
maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated
Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment
of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case
Agenda Page 87
425671v1 MNI AL141-59 5
of such Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to
it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing
to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory
to it, in which both the City and the Registrar shall be named as obligees. The Note so
surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be
given to the City. If the mutilated, lost, stolen, or destroyed Note has already matured or been
called for redemption in accordance with its terms, it shall not be necessary to issue a new Note
prior to payment.
3.04. Preparation and Delivery. The Note shall be prepared under the direction of the
City Administrator and shall be executed on behalf of the City by the signatures of its Mayor and
City Administrator. In case any officer whose signature shall appear on the Note shall cease to
be such officer before the delivery of the Note, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had remained in office until delivery.
When the Note has been so executed, it shall be delivered by the City Administrator to the
Owner thereof upon satisfaction of the conditions for delivery under the Agreement.
Section 4. Security Provisions.
4.01. Pledge. The City hereby pledges to the payment of the principal of and interest
on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall
be applied to payment of the principal of and interest on the Note in accordance with the terms of
the form of Note set forth in Section 2 of this resolution.
4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal
thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains
unpaid, the City shall maintain a separate and special "Bond Fund" to be used for no purpose
other than the payment of the principal of and interest on the Note. The City irrevocably agrees
to appropriate to the Bond Fund in each year Available Tax Increment. Any Available Tax
Increment remaining in the Bond Fund shall be transferred to the City's account for TIF District
No. 15 upon the payment of all principal and interest to be paid with respect to the Note.
Section 5. Certification of Proceedings.
5.01. Certification of Proceedings. The officers of the City are hereby authorized and
directed to prepare and furnish to the owner of the Note certified copies of all proceedings and
records of the City, and such other affidavits, certificates, and information as may be required to
show the facts relating to the legality and marketability of the Note as the same appear from the
books and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed
representations of the City as to the facts recited therein.
Section 6. Effective Date. This resolution shall be effective upon full execution of the
Agreement.
Agenda Page 88
425671v1 MNI AL141-59 6
Approved by the City Council of the City of Albertville this Sth day of August, 2013.
Mayor
ATTEST:
City Clerk
Agenda Page 89
425671v1 MNI AL141-59 7
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNE SOTA
RESOLiTION No. 2013-031
INTERFiND LOAN RESOLUTION
AUTHORIZING INTERFi ND LOAN FOR ADVANCE OF CERTAIN COSTS
IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 15
BE IT RESOLVED By the City Council of the City of Albertville, Minnesota (the "City"}
as follows:
Section 1. Background
1.01. The City has established Tax Increment Financing District No. 15 (the "TIF
District") within Municipal Development District No. 1 (the "Development District") pursuant to
Minnesota Statutes, Sections 469.174 to 469.1799, as amended (the "TIF Act").
1.02. The City may incur certain costs related to the TIF District which may be
financed on a temporary basis from available City funds.
1.03. Under Section 469.178, Subdivision 7 of the TIF Act, the City is authorized to
advance or loan money from any fund from which such advances may be legally made in order
to finance expenditures that are eligible to be paid with tax increments under the TIF Act.
1.04. The City has determined that it may pay for administrative costs associated with
the establishment of the TIF District (the "Administrative Costs Advance") on a temporary basis
from the General Fund or any other fund from which such advances may be legally made (the
"Fund") as an Interfund Loan pursuant to Minnesota Statutes, Section 469.178, Subd. 7.
1.05. The City hereby designates the Administrative Costs Advance as an interfund
loan in accordance with the terms of this resolution and the TIF Act.
Section 2. Repayment of Interfund Loan.
2.01. The City will reimburse itself for the Administrative Costs Advance in an amount
not to exceed $187,000, together with interest at the rate of 4.0% per annum (the "Interfund
Loan"). Interest accrues on the principal amount from the date of each advance. The interest
rate is no more than the greatest of the rate specified under Minnesota Statutes, Section 270C.40
and Section 549.09, both in effect for calendar year 2013, and will not be adjusted.
2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-
annually on each February 1 and August 1 (each a "Payment Date"), commencing on the first
Payment Date on which the City has Available Tax Increment (defined below), or on any other
Agenda Page 90
City of Albertville
Resolution No. 20 3-03
August 5, 2013
Page 2
dates determined by the City Administrator, through the date of last receipt of tax increment
from the TIF District.
2.03. Payments on the Interfund Loan will be made solely from Available Tax
Increment, defined as 10% of the tax increment from the TIF District received by the City from
Wright County in the six-month period before any Payment Date. Payments shall be applied
first to accrued interest, and then to unpaid principal. Interest accruing from the Loan Date will
be compounded semiannually on February 1 and August 1 of each year and added to principal
until the first Payment Date, unless otherwise specified by the City Administrator. Available
Tax Increment shall be applied to payment on the Interfund Loan and for no other purpose until
the Interfund Loan is fully paid or forgiven as provided in Section 2.06 hereof. Payments on this
Interfund Loan may be subordinated to any outstanding or future bonds, notes, or contracts
secured in whole or in part with available tax increment, and are on a parity with any other
outstanding or future interfund loans secured in whole or in part with available tax increment.
2.04. The principal sum and all accrued interest payable under this resolution is pre-
payable in whole or in part at any time by the City without premium or penalty.
2.05. This resolution is evidence of an internal borrowing by the City in accordance
with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation payable solely
from Available Tax Increment pledged to the payment hereof under this resolution. The
Interfund Loan shall not be deemed to constitute a general obligation of the State of Minnesota
or any political subdivision thereof, including, without limitation, the City. Neither the State of
Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or
interest on the Interfund Loan or other costs incident hereto except out of Available Tax
Increment. The City shall have no obligation to pay any principal amount of the Interfund Loan
or accrued interest thereon, which may remain unpaid after the final Payment Date.
2.06. The City may at any time make a determination to forgive the outstanding
principal amount and accrued interest on the Interfund Loan to the extent permissible under law.
2.07. The City may from time to time amend the terms of this Resolution to the extent
permitted by law, including without limitation amendment to the payment schedule and the
interest rate; provided that the interest rate may not be increased above the maximum specified in
Section 469.178. subd. 7 of the TIF Act.
Section 3. Effective Date. This resolution is effective upon execution in full of the
Contract.
Adopted by the City Council of the City of Albertville this 5th day of August, 2013.
ATTEST:
Kimberly A. Olson, City Clerk Jillian Hendrickson, Mayor
Agenda Page 91
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
GUARDIAN ANGELS OF ALBERTVILLE
THIS AGREEMENT, entered into this day of 12013 by and
between City of Albertville, a municipal corporation existing under the law of the State of
Minnesota, the "City", and Evans Park, Inc., a Minnesota non-profit corporation ("Evans
Park"), and Guardian Angels of Elk River, Inc., a Minnesota non-profit corporation
("Guardian Angels"). Evans Park and Guardian Angels shall collectively be referred to
herein as "Developer";
wITNE S SE TH
WHEREAS, Developer is the fee owner and developer of the real property legally
described on the attached Exhibit A (hereafter referred to as "Real Property"); and
WHEREAS, Developer intends to plat said Real Property as the plat of Guardian
Angels of Albertville ("Said Plat") which shall contain one numbered lot (Lot 1, Block 1)
and two outlots (Outlots A and B) for the purpose of constructing and operating on Lot 1,
Block 1 of Said Plat a senior housing facility consisting of 17 memory impaired residential
units, 16 assisted living units, and 30 residential units for more independent seniors
(collectively, the "Development"); and
WHEREAS, the City has given preliminary approval of Developer's PUD and Site
and Building Plan Review for the Development contingent upon compliance with certain
City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain on- and off --site private improvements
including, but not limited to, bituminous drives, bituminous trails, grading, drainage, traffic
control signs, and other site related improvements, all as more specifically described in this
Agreement, be installed to serve the Real Property and be financed by Developer as a
condition of development approval; and
1
Agenda Page 92
WHEREAS, the City requires that certain public improvements including, but not
limited to, municipal water, sanitary sewer, storm sewer, drainage ponds, ditch cleaning and
bituminous streets (hereafter "Municipal Improvements") shown on the attached Exhibit B,
be installed to serve the Real Property and be financed by Developer as a condition of
development approval; and
WHEREAS, final approval of the Planned Unit Development ("PUD") is required
to allow for the aforementioned Development proposed by Developer; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and covenants of
the parties concerning the development of the Real Property and the conditions imposed
thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
l . Planned Unit Development. The City hereby grants approval of the Development
on Lot 1, Block 1 and outlot A of Guardian Angels of Albertville (hereinafter
referred to as the "Subject Property") as a Planned Unit Development with flexibility
from the strict requirements of the City's Zoning ordinance in relation to set -back
requirements, lot coverage, and structures per base lots. Unless otherwise explicitly
set forth in this Agreement, however, Developer must conform to the requirements
of the R-7 zone (Residential Special Purpose, High Density District) of the
Albertville Zoning ordinance and all other applicable land use regulations.
Developer agrees that the following conditions will be met on a continuing basis:
A. The City and Developer agree that Lot 1, Block 1 is intended to be used only for
a senior housing facility consisting of 17 memory impaired residential units, 16
assisted living units, and 30 residential units for more independent seniors,
along with associated support facilities and limited commercial facilities as set
forth in this Agreement below and as shown in the plans attached as Exhibit C.
i. Residents of the Development shall be limited to the following types
of residents:
1. Residents aged 55 years or older, except that a person younger
than 55 years of age may reside on the premises as the spouse
of a resident who is 55 years or older; or
2
Agenda Page 93
2. Residents who have been diagnosed by a physician licensed by
the State of Minnesota as having a bona fide medical condition
that requires memory care services offered by the
Development, subject to the limitations set forth in 1.A.i.1
below; or
3. Residents who have been diagnosed by a physician licensed by
the State of Minnesota as having a bona fide medical condition
that requires assisted living services offered by the
Development, subject to the limitations set forth in 1.A.i.4
below.
4. A combined total of no more that 20% of the residents of the
facility may be residents under the age of 55 who qualify to
reside in the Development based on the criteria set forth in
paragraphs 1.A.i.2 or 1.A.i.3 above.
ii. No more than one unit may be occupied by an employee of the
operator of the Development who is under the age of 55 provided that
the employee performs substantial duties directly related to the
management or maintenance of the Development.
iii. The operator of the Development must publish and adhere to policies
and procedures that demonstrate an intent to maintain a seniors -only
and bona -fide medical condition development consistent with the
restrictions of this Agreement. Such an intent shall be demonstrated
by the following procedures in a manner acceptable to the City:
1. The manner in which the development is described to
prospective residents.
2. The nature of any advertising designed to attract prospective
residents.
3. Age and/or medical verification procedures
4. Lease provisions.
5. written rules and regulations.
6. Actual practices of the owner or manager in enforcing
relevant lease provisions and relevant rules or regulations.
iv. The Developer must comply with rules issued by the Secretary of
Housing and Urban Development for verification of occupancy by
reliable surveys and affidavits and include examples of the types of
policies and procedures relevant to a determination of compliance with
subparagraph I.A. of this Agreement.
3
Agenda Page 94
v. The Development must contain significant facilities and services
specifically designed to meet the physical or social needs of older
persons. Significant facilities and services may include, but are not
limited to:
1. social and recreational programs
2. continuing education
3. information and counseling
4. recreational, homemaker, outside maintenance and referral
services
5. accessible physical environment
6. emergency and preventative health care of programs
7. congregate dining facilities
8. transportation to facilitate access to social services, and
9. services designed to encourage and assist residents to use the
services and facilities available to them
Significant facilities and services does not include off --site facilities
and services. The operator of the Development shall submit a
Compliance Proposal to the City annually demonstrating the provision
of significant facilities and services specifically designed to meet the
physical or social needs of older persons.
vi. No person under age 18 may stay overnight longer than 14 nights in
any 12-month period with a person over the age of 55 who resides in
the Development.
B. Developer shall be allowed to operate limited commercial accessory uses in the
Development which shall be available exclusively to residents and employees of
the Development. Examples of such limited commercial accessory uses are a
bistro cafe and a hair salon.
C. All structures shall be constructed in the configuration, location, floor plan and
materials as shown on the plans attached as Exhibit C to this Agreement.
D . Setbacks may deviate from the R-7 zoning district and townhome regulations as
follows:
i. Side yard minimum building setback along the west property line of
Lot 1, Block 1 shall be 0 feet.
0
Agenda Page 95
E. The square footage of the residential units in the Development may deviate from
the requirements of the R-7 zoning district's minimum size requirements
provided they are constructed to the sizes as shown on the attached Exhibit C.
F. All grading, drainage, utility, wetland mitigation, and transportation issues that
arise during the Development shall be subject to review and approval by the City
Engineer.
G. Trees, shrubs, berms and screening are to be planted and installed as shown on
the Landscape Plan attached as Exhibit D. Developer shall replace any
Landscape Plan plantings that die with substantially the same or similar
landscape planting shown on the Landscape Plan.
H. Developer shall comply with all water, ponding and wetland related restrictions,
if any, required by the City of Albertville, Wright County Soil and water District
and/or any applicable provisions of State and Federal law. Any and all
dewatering and dewatering operations will be the sole responsibility of the
Developer and shall be performed as required by the City and in accordance with
all applicable county, state, and federal rules and regulations.
I. Developer, its successors or assigns, shall strictly comply with all City weed
control ordinances.
J. Developer shall not stockpile excess or unsuitable earthen material on the
Subject Property without prior approval from the City Council.
K. Outlot A of Said Plat is zoned Planned Unit Development, but its use shall be
limited to an expansion of the senior housing facility that this Agreement
contemplates will be located on Lot 1, Block 1 of Said Plat and shall comply
with the R-7 zoning district standards. However, a structure cannot be placed
on said Outlot A until it is replatted as a numbered lot, at which time
Developer shall apply for a modification to the Planned Unit Development to
accommodate the expansion of the Development.
L. Outlot B of Said Plat shall remain zoned R 1-A and shall be developed in the
future according to the zoning assigned to it at the time of its development. A
structure may not be constructed on said Outlot B until such lot is replatted as a
numbered lot.
2. Construction of Municipal Improvements.
5
Agenda Page 96
A. The Developer shall construct those Municipal Improvements located on and
off the Subject Property as detailed in the Plans and Specifications for
Guardian Angels of Albertville, as prepared by
dated , 2013 and on file with the City Clerk, said
improvements to include installation of water mains, sanitary and storm
sewers, storm water ponding, streets, and the cleaning of County Ditch No. 9
as required elsewhere in this Agreement. All such improvements shall be
constructed according to the standards adopted by the City, along with all
items required by the City Engineer. Unless the City Engineer specifies a
later date, said improvements shall be installed by October 14, 2014.
B . The Developer shall provide the City with record drawings for all Municipal
Improvements, consistent with City requirements and subject to review and
approval of the City Engineer. Record drawings shall be certified by a
registered land surveyor or engineer that all ponds, swales, emergency
overflows, and Municipal Improvements have been constructed on public
easements.
C. The Developer warrants to the City for a period of two years from the date the
City accepts the finished Municipal Improvements that all such improvements
have been constructed to City standards and shall suffer no significant
impairments, either to the structure or to the surface or other usable areas due
to improper construction, said warranty to apply both to poor materials and
faulty workmanship. Acceptance shall be by City Council motion or
resolution.
D. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said improvements on the Subject
Property. Should Developer fail to provide the City with all applicable lien
waivers, the City reserves the right to draw upon Developer's surety after
providing Developer with 30 days written notice and pay any contractors who
performed work on any Municipal Improvements and whom Developer has
failed to fully pay for the performance of said work, subject in all events to
applicable retainag e.
E. The City shall, at its option, have the City Engineer or other representative
present on the Subject Property for inspection purposes at all times (or such
times as the City may deem necessary) during the construction and
installation of said Municipal Improvements. Developer agrees to pay for all
reasonable costs incurred by the City during said inspections.
z
Agenda Page 97
F. The Developer shall construct an extension of 51 't Street from its current
location west of Wright County Ditch No. 9 to a location on outlot A,
terminating in a cul-de-sac in a location acceptable to the City Engineer.
Developer shall extend 51 st Street as required herein upon the earlier of 1)
five years from the issuance of a certificate of occupancy for the
Development on Lot 1, Block 1 of Said Plat; or 2) the issuance of a certificate
of occupancy for any building located on outlot A (following outlot A's
replat into a numbered lot). Prior to constructing the extension of 51 st Street,
Developer shall submit plans and specifications for said extension to the City
Engineer for his approval. Said plans and specifications shall include the
right of way to be dedicated as a public street and the type of culvert used to
cross County Ditch No. 9. Upon approval of the plans and specifications, the
Developer shall cause to be dedicated to the City the right of way approved
by the City Engineer such that the City has rights to use the right of way
unencumbered by the property interests of third parties. If requested by the
City, the Developer shall, immediately prior to the dedication of right of way
for 51 st Street, provide evidence of marketable title to the land proposed to be
dedicated. The form and content of the dedication shall be approved by the
City Attorney.
3. Construction of on- and off --Site Improvements.
A. Developer shall construct all on- and off -site improvements including
installation of paved private streets, driveways and trails, curb and gutter,
boulevards, sidewalks, street signs, traffic signs, yard top soil, sod and seed in
all yards, landscaping, private utilities, grading control, drainage swales,
erosion control, berming, and like items as necessary, street cleanup during
project development, erosion control, and all exterior amenities to be
constructed on the Subject Property as shown on Exhibit E attached to this
Agreement ("on- and off --site Improvements"), all as required by City
ordinance and this Agreement. In all cases permanent turf or grass must be
established over all areas of the Subject Property not covered by a hard or
impervious surface. Said on- and off --site improvements shall be installed no
later October 31, 2014, with the exception of erosion control, drainage swales
and berming, which shall be installed upon initial grading of the Subject
Property, and private utilities, which shall be installed prior to the issuance of
a certificate of occupancy.
B. Developer shall, at its own expense, be responsible to ensure the following
items are installed within the Development, all such items to be installed
7
Agenda Page 98
under ground, within the street right of way or such other location as may be
approved by the City Engineer, in compliance with all applicable state and
local regulations:
i. Electrical power supply, to be provided by Xcel Energy or other such
carrier;
ii. Natural gas supply, to be provided by Reliant Energy or other such
carrier;
iii. Telephone service,
C. Developer shall maintain erosion control measures in accordance with the
Minnesota Pollution Control Agency's NPDES permit and the storm water
pollution prevention plan attached as Exhibit F.
D. Notwithstanding the requirements of 3A above and except as otherwise
provided in this Agreement, the Developer shall be responsible to ensure that
the On- and Off --site Improvements are installed to the City's satisfaction prior
to the date that a certificate of occupancy (temporary or permanent) is issued
by the City for any building located on the Subject Property, unless the
certificate of occupancy is issued after October 1 st and before March 30th in
any given year, in which case a temporary certificate of occupancy shall be
issued with the requirement that the Developer be required to install said On -
and Off --site Improvements by the following June 30th.
4. Surety Requirements.
A. The Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the obligations
of the Developer under this Agreement shall be performed. Said letter of
credit or surety shall be in the amount of $ representing
the sum of 100% of the estimated cost of the Municipal Improvements
($ and 150% of the estimated cost for
landscaping/screening materials related to the Subject Property
($ )and $1,500 per acre for erosion control. Said letter
of credit or surety must meet the approval of the City attorney as to form and
issuing bank (the issuing bank must be an FDIC insured bank located within
100 miles of the City of Albertville), and must be available in its entirety to
fulfill the obligations of the Developer under this Agreement. The letter of
credit to the City shall contain language requiring its automatic renewal prior
n
Agenda Page 99
to December 31 of each calendar year, unless cancellation of the letter of
credit is specifically approved in writing by the City.
B. The City may draw on said letter of credit or surety to complete work not
performed by Developer (including but not limited to Municipal
Improvements described above, erosion control, and other such measures), to
pay liens on the Subject Property, to reimburse itself for reasonable costs
incurred in the drafting, execution, administration or enforcement of this
Agreement, to repair or correct deficiencies or other problems which occur to
the Municipal Improvements during the warranty period, or to otherwise
fulfill the obligations of the Developer under this Agreement. Said letter of
credit must be maintained by Developer at all times at the level provided in
paragraph 4A above or a lesser amount authorized by the City Council
pursuant to paragraph 5B below.
C. In the event that any cash, irrevocable letter of credit, or other surety referred
to herein is ever utilized and found to be deficient in amount to pay or
reimburse the City in total as required herein, Developer agrees that upon
being billed by the City, the Developer will pay within thirty (30) days of the
mailing of said billing, the said deficient amount. If there should be an
overage in the amount of utilized security, the City will, upon making said
determination, refund to the Developer any monies which the City has in its
possession which are in excess of the actual costs of the Development as paid
by the City.
D . Developer hereby agrees to allow the City to specially assess the Subject
Property for any and all reasonable costs incurred by the City in enforcing any
of the terms of this Agreement should the Developer's letter of credit or surety
prove insufficient or should the Developer fail to maintain said letter of credit
or surety in the amount required above within 30 days of mailing of written
request by the City. Should the City assess the Subject Property for said
reasonable costs, the Developer agrees not to contest or appeal such
assessment and waives all statutory rights of appeal under Minnesota Statutes,
including Minnesota Statute 429.081, to the extent of the costs identified in
this Agreement.
E. In the event a surety referred to herein is in the form of an irrevocable letter of
credit, which by its terms may become null and void prior to the time at
which all monetary or other obligations of the Developer are paid or satisfied,
it is agreed that the Developer shall provide the City with a new letter of
credit or other surety, acceptable to the City, at least forty-five (45) days prior
9
Agenda Page 100
to the expiration of the original letter of credit. If a new letter of credit is not
received as required above, the City may without notice to the Developer
declare a default in the terms of this Agreement and thence draw in part or in
total, at the City's discretion, upon the expiring letter of credit to avoid the
loss of surety for the continued obligation. The form of any irrevocable letter
of credit or other surety must be approved by the City Attorney prior to its
issuance.
F. In the event the Developer files bankruptcy or in the event a bankruptcy
proceeding is filed against Developer by others and is not dismissed within 60
days, or in the event a court appoints a receiver for the Developer, the City
may draw on its letter of credit or surety in its full amount to secure its surety
position. The City shall then release the remainder of said letter of credit or
surety to the bankruptcy court or receiver in the same manner that it would be
required to release the letter of credit under this Agreement.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal Improvements, and/or erosion control, and/or
Landscaping Improvements and when it is reasonably prudent, the Developer
may request of the City that the surety be proportionately reduced for that
portion of such improvements which have been fully completed and payment
made therefor. All such decisions shall be at the discretion of the City
Council. The City's reasonable cost for processing reduction request(s) shall
be billed to the Developer. Such cost shall be paid to the City within thirty
(30) days of the date of mailing of the billing.
B. Developer may request of the City a reduction or release of any surety as
follows:
i. When another acceptable letter of credit or surety is furnished to
the City to replace a prior letter of credit or surety.
ii. when all or a portion of the Municipal Improvements have been
installed, that portion of the letter of credit or surety attributable to
the Municipal Improvements may be reduced by the dollar amount
of such Municipal Improvements installed, except that the City
shall retain the letter of credit or surety in the amount of 1 0% of the
estimated construction price of the Municipal Improvements
during the first year of the warranty period and 5 % of the estimated
10
Agenda Page 101
construction price of the Municipal Improvements during the
second year of the warranty period.
iii. when all or a portion of the Landscaping Improvements have been
installed, the letter of credit or surety may be reduced by the dollar
amount attributable to that portion of such Landscaping
Improvements installed, except the City shall retain the letter of
credit or surety in the amount of 25% of the estimated Landscaping
Improvement costs for two years from the time of the installation
of said landscaping materials.
C. The reasonable costs incurred by the City in processing any reduction request
shall be billed to the Developer and paid to the City within thirty (30) days of
billing.
6. Abandonment of Project - Costs and Expenses. In the event Developer should
abandon the Development of the Subject Property, the City's reasonable costs and
expenses related to attorney's fees, professional review, drafting of this Agreement,
preparation of the feasibility report, plans and specifications, and any other expenses
undertaken in reliance upon Developer's various representations shall be paid by
Developer within thirty (30) days after receipt of a bill for such costs from the City.
In addition, in the event Developer abandons the Development, in whole or in part,
ceases substantial field work for more than nine (9) months, fails to provide
sufficient ground -cover to prevent continuing soil erosion from the Subject Property,
or fails to leave the Subject Property in a condition which can be mowed using
conventional lawn mowing equipment, Developer agrees to pay all reasonable costs
the City may incur in taking whatever action is reasonably necessary to provide
ground -cover and otherwise restore the Subject Property to the point where
undeveloped grounds are level and covered with permanent vegetation sufficient to
prevent continuing soil erosion from the Subject Property and to facilitate mowing of
the Subject Property. In the event that said costs are not paid, the City may specially
assess such costs against the Subject Property and/or take necessary legal action to
recover such costs, including reasonable attorneys' fees.
7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the
Developer will reimburse the City for all reasonable administrative, legal, planning,
mapping, engineering and other professional costs incurred in the creation,
administration, enforcement or execution of this Agreement and the approval of
Developer's PUD application, as well as all reasonable engineering expenses
incurred by the City in designing, approving, installing, mapping and inspecting said
Improvements described above. Developer agrees to pay all such costs within 30
11
Agenda Page 102
days of billing by the City. If Developer fails to pay said amounts, then the City may
specially assess such costs against the Subject Property.
8. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit F. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
9. Drainage Requirements. Developer shall comply with all applicable requirements
for drainage into any county ditch or other ditch through which water from the
Subject Property may drain, and shall make any necessary improvements or go
through any necessary procedures to ensure compliance with any federal, state,
county or city drainage requirements, all at Developer's sole expense. In addition,
Developer shall clean and reshape both sides of County Ditch 9 lying adjacent to the
Real Property. Said ditch shall be cleaned and reshaped in accordance with the plans
attached hereto as Exhibit G. and shall be completed by October 31, 2014.
10. Maintain Public Property Dammed or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage which may
occur to public property including but not limited to streets, street sub- base, base,
bituminous surface, curb, utility system including but not limited to watermaln,
sanitary sewer or storm sewer (including ditches) when said damage occurs as a
result of the activity which takes place during the development of the Subject
Property. Developer further agrees to pay all reasonable costs required to repair the
streets, utility systems and other public property damaged or cluttered with debris
when occurring as a direct or indirect result of the construction that takes place on
the Subject Property.
Developer agrees to clean the public streets providing access to the Subject
Property on a daily basis if required by the City. Developer further agrees that any
damage to public property occurring as a result of construction activity on the
Subject Property will be repaired immediately if deemed to be an emergency by
the City. Developer further agrees that any damage to public property as a result
of construction activity on the Subject Property will be repaired within 14 days if
not deemed to be an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public property,
the City may undertake making or causing it to be cleaned up, repaired or
maintained. when the City undertakes such activity, Developer shall reimburse the
12
Agenda Page 103
City for all of its reasonable expenses within thirty (30) days of its billing to the
Developer. If Developer fails to pay said bill within such period, then the City may
specially assess such costs against the Subject Property and/or take necessary legal
action to recover such costs and the Developer agrees that the City shall be entitled to
reasonable attorneys' fees incurred by the City as a result of such legal action.
11. Temporary Easement Rights. Developer shall provide access to the Subject
Property at all reasonable times to the City or its representatives for purposes of
inspection or to accomplish any necessary work pursuant to this Agreement. Upon
expiration of the warranty period and completion of all warranty work, such
temporary easement shall terminate.
12. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement
are items for which Developer is responsible for completing and all work
shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Agreement is for any reason held invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portion of this Agreement.
C. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in
delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors,
materialmen, employees, agents, or third parties.
D. The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Agreement. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by written resolution of
the City Council. The City's failure to promptly take legal action to enforce
this Agreement shall not be a waiver or release.
E. Developer represents to the City that the Subject Property and the proposed
use on the Subject Property complies with all City, County, State and Federal
laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. Developer agrees to
obtain all required federal, state and local permits. If the City reasonably
determines that the Subject Property does not comply, the City may, at its
13
Agenda Page 104
option, refuse to allow construction or development work on the Subject
Property until Developer so complies. Upon the City's demand in such event,
the Developer shall cease work until there is compliance as determined by the
city.
F. Prior to the execution of this Agreement and prior to the start of any
construction on the Subject Property, the Developer shall provide the City
with evidence of good and marketable title to the Subject Property.
Evidence of good and marketable title shall consist of a Title Insurance
Policy or Commitment from a reputable title insurance company, or an
abstract of title updated by an abstract company registered under the laws
of the State of Minnesota.
G. Prior to beginning construction work on the Subject Property, Developer shall
provide the City with a general liability and property damage insurance policy
naming the City and the City's consultants and agents as additional insureds
in the minimum amount of $1.5 million.
H. The Developer shall cause the Final Plat attached hereto as Exhibit H to be
recorded at the office of the Wright County Recorder's office immediately
prior to the recording of this Agreement.
I. Developer shall install exterior lighting consistent with City ordinance and the
Lighting Plan attached hereto as Exhibit I.
J. Developer shall grade the property consistent with the grading plan attached
hereto as Exhibit J.
13. Violation of Agreement.
A. Except as otherwise provided in this Agreement, upon any default by
Developer, its successors or assigns, of any of the covenants and agreements
herein contained, the City shall give the Developer thirty (30) days mailed
notice thereof (via certified mail), and if such default is not cured within said
thirty (30) day period, the City is hereby granted the right and the privilege to
declare any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run from the
date of deposit in the United States Mail. Upon failure to cure by the
Developer, the City may thence immediately and without notice or consent of
the Developer complete the Developer's obligations under this Agreement,
and specially assess the costs thereof against the Subject Property, bring legal
14
Agenda Page 105
action against the Developer to collect any sums due to the City pursuant to
this Agreement, plus all reasonable costs and reasonable attorney's fees
incurred in enforcing this Agreement, draw on the surety provided herein, or
pursue any combination of the above remedies as well as any other remedy
available to the City in law or equity.
B. Notwithstanding the 30-day notice period provided for in paragraph 13A
above, in the event that a default by the Developer will reasonably result in
irreparable harm to the environment or to public property, or result in an
imminent and serious public safety hazard, the City may immediately
exercise all remedies available to it under this Agreement in an effort to
prevent, reduce or otherwise mitigate such irreparable harm or safety hazard,
provided that the City makes good -faith, reasonable efforts to notify the
Developer as soon as is practicable of the default, the projected irreparable
harm or safety hazard, and the intended actions of the City to remedy said
harm.
C. Paragraph 13A of this section shall not apply to any acts or rights of the City
under paragraph 4E above, and no notice need be given to the Developer as a
condition precedent to the City declaring a default or drawing upon the
expiring irrevocable letter of credit as authorized by paragraph 4E . The City
may elect to give notice to the Developer of the City's intent to draw upon the
surety without waiving the City's right to draw upon the surety at a future
time without notice to the Developer.
14. Dedications to the City.
A. Municipal Improvement Dedications: The Developer, upon presentation to the
City of evidence of good and marketable title to the Subject Property, and upon
completion of all construction work and certification of completion by the City
Engineer, shall make the following dedications to the City:
1. Developer shall dedicate drainage easements to the City over,
under and across all drainage ponds located in Said Plat.
2. Developer shall dedicate to the City all roads (except private
roads), road rights -of -way, curbs, gutters, sewers and water
mains and utility easements located within the easements
shown on Said Plat. Prior to the City's acceptance of said
dedications, Developer shall provide to the City "As-Builts"
of all sewers, water mains, and roads. Acceptance by City of
15
Agenda Page 106
any dedication shall occur upon passage of a resolution to
such effect by the City Council.
B. Park Dedication. Developer acknowledges and agrees that in order to satisfy
the City's park dedication requirements for the amount of residential units being
constructed, and after allowing a reduction in the number of units subject to park
dedication as a result of the reduced capacity of the residents of the Development
to use the City's park facilities, Developer shall pay the City a cash payment
totaling $52,800 calculated as 16 residential units times $3,300 per unit. Said
park dedication fees shall be paid prior to the release of the final plat of Said Plat
by the City.
15. Sanitary Sewer and water Trunk Line Fees. Prior to the City releasing Said
Plat, Developer agrees to pay a trunk sanitary sewer charge in the amount of
$ representing $2,055 per acre of Said Plat multiplied by
acres contained in Said Plat (excluding outlots A and B; trunk sanitary sewer
charges shall be due on the outlots when they are replatted into numbered lots).
In addition, prior to release of Said Plat, Developer agrees to pay a trunk water
charge in the amount of $ representing $1,925 per acre of Said
Plat multiplied by acres contained in Said Plat (excluding outlots A and
B; trunk water charges shall be due on the outlots when they are replatted into
numbered lots) less an offset of $7,000 for the difference in cost between
Developer installing a 12-inch watermain required by the City across Lot 1 and
outlot A vs. an 8-inch watermain that would normally be required. Developer
agrees to pay said amounts prior to the City's release of Said Plat.
16. Administrative Fee. A fee for City administration of this project shall be paid
prior to the City executing this Agreement. Said fee shall be 3.5 % of the
estimated construction costs of the Municipal Improvements required herein. The
administrative fee shall be $ and shall be paid prior to the release of
the Final Plat.
17. Indemnity. Developer shall hold the City and its officers and employees harmless
from claims made by Developer or third parties for damages sustained or costs
incurred resulting from the Development. Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses which the City may pay or
incur in consequence of such claims, including reasonable attorney's fees. Third
parties shall have no recourse against the City under this Agreement.
16
Agenda Page 107
18. Assignment of Agreement. The obligations of Developer under this Agreement
cannot be assigned without the express written consent of the City Council through
Council resolution.
19. Limited Approval. Approval of this Agreement and Planned Unit Development
which is the subject of this Agreement by the City Council in no way constitutes
approval of anything other than that which is explicitly specified in this Agreement.
20. Professional Fees. Developer will pay all reasonable professional fees incurred by
the City as a result of City efforts to enforce the terms of this Agreement. Said fees
include attorney's fees, engineer's fees, planner's fees, and any other professional fees
incurred by the City in attempting to enforce the terms of this Agreement. The
Developer will also pay all reasonable attorneys' and professional fees incurred by
the City in the event an action is brought upon a letter of credit or other surety
furnished by the Developer as provided herein.
21. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are
incorporated into this Agreement by reference as they appear. Unless otherwise
specified in this Agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
22. Integration Clause, Modification by Written Agreement only. This Agreement
represents the full and complete understanding of the parties and neither party is
relying on any prior agreement or statement(s), whether oral or written.
Modification of this Agreement may occur only if in writing, approved by the
Albertville City Council and signed by the duly authorized agents of both parties.
23. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed as
follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Guardian Angels of Elk River
508 Freeport Avenue N.W.
Suite A
Evans Park, Inc.
508 Freeport Avenue N.W.
Suite A
Elk River, MN 55330
Telephone (763) 241-4439
Attn: Dan Dixon
17
Agenda Page 108
Elk River, MN 55330
Telephone (763) 241-4439
Attn: Dan Dixon
24. Agreement Effect. This Agreement shall be recorded against the Real Property at
the Wright County Recorder's office, shall run with the land, and be binding upon
and extend to the representatives, heirs, successors and assigns of the parties hereto.
25. Execution of Counterparts. The parties may execute this Agreement in one or
more counterparts, and each fully executed counterpart shall be deemed an original.
CITY of ALBERTVILLE,
By
Its Mayor
By
Its Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 20131 by Jillian Hendrickson as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
STATE of MINNES OTA
ss.
COUNTY of WRIGHT
Notary Public
no
Agenda Page 109
The foregoing instrument was acknowledged before me this day of
, 20131 by Kimberly A. Olson, as Clerk of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
Notary Public
(The pest of this page has been left intentionally blank)
19
Agenda Page 110
EVANS PARK, INC.
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 20131 by as
Park, Inc.
Notary Public
(The pest of this page has been intentionally left blank)
20
day of
of Evans
Agenda Page 'I'I'I
GUARDIAN ANGELS OF ELK RIVER,
INC*
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 20131 by , as
Angels of Elk River, Inc.
DRAFTED BY,
Couri & Ruppe, P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
Notary Public
21
day of
of Guardian
Agenda Page 112
EXHIBIT LIST
EXHIBIT A
The property to which this Agreement applies is legally described as:
Lot 1, Block 1
Outlot A
Outlot B
Guardian Angels of Albertville, according to the plat of record, as on file in the office of
the Wright County Recorder, Wright County, Minnesota.
22
Agenda Page 113
EXHIBIT B
Municipal Improvements
EXHIBIT C
Site Plan & Building Plans
EXHIBIT D
Landscaping
EXHIBIT E
On- and Off --site Improvements
EXHIBIT F
Storm water Pollution Prevention Plan
EXHIBIT G
Ditch Cleaning Specs
EXHIBIT H
Final Plat
EXHIBIT I
Lighting Plan
EXHIBIT J
Grading Plan
23
Agenda Page 114
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1, Tor NUT of FIRE HyrRANT 230' SOUTH OF JASON AVENUE HE ON WE51 Ij tDUSnNG CONDITIONS. tWXUDING WUNDW. HAVE BEEN nELD SURVMD BY
SLOE OF NASSEL AVENIJE HE. SUNDE LAND SURVEYING DATED 05/26/2010.
ELC0TION = 956.24 FEET 2) REFER TO ARCHFTECTUTAL PLANS FOR BUILANC OIIIENWNS
:.Sall!E N r,0%1ER MPE IN THE SOUTHWEST QUADRANT OF JASON AVENUE 3) ALL rNks]99ON5 ARE TD BA:CK OF CURB, UNLESS OTHERWISE NOTED.
AND KASSEL AVENUE NE. f}ALL PARKING LOT STRIPING SHALL BE � WOE UWS. STRIPED USING HI:I & 50 d 5C too f50
rar.�pe
ELEVATION = 960.47 N5elLn WHITE PAtNr. PROVIDE APPROPtiM STRIPING AND PAVEOENT
MARKINGS FOR ALL KANCIC P PARKING ANO ACCESS ASM.
N % CrA ENaINEERNNC3 •LANDPLArvalNG I hereby certify tfiat this plan, spedlleation " HOUSING
,j CAMPUS PROJECT NO:
CAMPION teas Pioneer seek Center• or report has been prepared by me or n �L � � r�� ■ J 1� �
P.O. Ba>e 2b9 under my dirett supervision and tt+ot r � ,SATE PLAN '! 3-022
ENGINEERING P.D. Plain. MN s53ss 1 am a dulyy licensed Professlonal En nser
maple under to a of. the State of Minnesota. 3 ` x'] L7UARDiP'riN1 AN
pt. F'honp; 753-479-5I72 '• '-
Ef[ SERVICES, Er INC. a 17%2D13 DATE. -
No.
I�ATL fYE`CRIF� N Fey- 763-i79 d2+12 s A, SHEET NO. G1 06/12/2013
E-Mai• mcamplvn4earnDionang.CQM #?or{in P. C � ion -Lic. 199G1 Dote! ��� � � IT11111011111
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ALBERTVILLE, MN a 'Liat"'
6-11-2013 j GaMM037162.13057 � A
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6-17-2013 1 tOMPlM.37Zfi2-I3057
EXHIBIT
nda Page 118 4
p-
PROP SED SECOND FLOOR PLAN.'
Engel Haul
ALBERTVIL�E, lUtR!
6717-2013 1 GC7WiN1p37162-13057
EXHIBIT
-Gua.r.di9
n,-
N.� MR.. s Aly I c fE
Age
Pagt 1 5
LandscaDe Plan TN
Scale"' =30'--a'
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z m _ ��
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wi.nrcaw
yam
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vrry 06% .wla
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Ar M mwfr -mL rM m mm NQr e+u.
. g • M PINT 7
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Plant Schedule
KEY ON. DESCRIP'I N TYPE REMARKS
Dvefstw Trees
ASM
5
ACVxflerartM'A11pJerin610W
z.5'B6
F@M AM S+gar Wpie
F'FM
4
Anrsro ltaiva'
2.� as
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5fer•+s Glen 141+pb
SGM
6
Aorr� "SirnrmGOYt2d,s"89
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ONIC
�wb�kdw
SWO
2
umamentur Trees
ITL
� Tyree LUC
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2-Bs
MadmMAC
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xatwm
:^ 9B
�iobr
95C
3
'Sprk
Z' 8B
6-TAY
511-I
6-K G
3 GI3
EWergmi? Trees
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am
is
plbrs$%"Ammft
COB
POP
s
Poedarow rkm
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a BB
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xa
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05 CV&
AWS
10
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fh COML
CAV
3
tesmeum Erao m 'Salty cw4 aw
#5 mrn.
D8H
7
once
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aim
6
10 IMF
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f5 wriL
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su
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GMa
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race
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iagprti
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26
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I8C
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6
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6
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ri CoM.
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e..nrwn.'wt.na.r test
#2 cane.
KFG
34
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ficoft
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g
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SiFi
58
flaaarxr�% �ortM a•oNr
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AL IM
St a0mmodAveetaaAlif
o� my seri�o
TW Plan and Sny reprodudb tie era t
tfta ea4 pup" aE mWw"
Landecepm Inc. and may roc he umW
in whoie ar pert iW arb p<rpars enlroret
the W"m wsmn omit d Mldaeest
Laraieropes,�
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MOTES:
-M Plantbeds tea recW 2-24' St. CbW Granitic Rack OM 6 mil Poly gWeting-
-Rotk maintananca strip to be i-aW SL Claud Granite R,o&mw 6 mil P* Sha in.
-Repair el turf db vrbod during landscape InsWIetkm st no rq mnsre m awrw.
-Commercial Grady Paly 6dgarta be used where nwidr abmtwf- r
-Seed A disturbed cedes outside of property bmswRh MnDOT a,-= Gmtrd Roadside 5eed lr►fG��
Mbt according to WhDOTspeffkAtierts.
-Uadsc*e awmk Carta cFeate Annual Flower beds and irtsnl! aoi1. PImm*q oFAnmAl Flawtrs
to be by Owner.
SWd Ma V{i
M83-241-132D
MnDOT 33-261 Nativo Seed Mix
-anvil �� s. serarr.eramaa� s6nrar �.►.a>�� tar,�-
Annual Flowers s�.r
SKM
ZEN' L I
SKM
t OF I
Lug sa Mr uq)RI
ueel n T d TO
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TYPICAL PLANTILG_EWDDETAe� B.S13 J
EM
Agenda Page 120
1. ALL ERCSVI CONTROL AND SILTATION CONTROL WILL COMPLY WTTH MINNESOTA'S BEST MANAGDAIENF PRACTICES
MANIIAL AND REGULATIONS OF THE CITY.
2. THE CONTRACTOR SHALL BE FAMILIAR WTTH AND FELLOW ALL REQUIREMENTS OF TIIE MIPCJI NPOES PH45E II PERMIT
FOR L'L?NSTRUCTIDN ACTIVITIES VNrLUUING EU1 NOT LIMITED M. WEEKLY ER9514N CCWMUL IN5PECT14NS.
INSP17CTIOW AFTER C !F RAINFALL OR MOIRE AND DOCUMENTATION OF ALL CORRECTIVE LIFJSURES. ETY BFONNING
CONSTRUC7101). THE CONTRACTOR ACRINMEDGES THE TERMS OF THIS PERMIT AM AC'P.EES TO ABIDE W THEM,
3. THE CONTRACTOR ,HALL PERFORM ANI CORRECTIVE MEASURES ORDERED BY THE CITY OR THE MIFCA WTT1-IN 24
HOURS OF NOTIFICATION. ALSO, ADDITIONAL ERO,SKIN CONTROL MEASURES DEEMED NECESSARY BY EITHER THE
GTY OR THE MPCA SHALL BE INSTALLED WITHIN 24 HOURS OF NOTiFICJ1TION.
4- ANr MPOSTING Or SILT OP MLID ON NEW OR ExIyTING PAVEMENT, IN TEMPORARY SEDIME TTATTON BA$INS, OR IN
EXISTING SWALES SHALL BE REYCMED AFTETP EACH RAIN AM AFFFUED AREAS CIfANED"
5, 14E CONIRACIM SHALL ASSUME COLIPI.EfE RESPLNJ BUJTY fDR CONTROLLING ALL SILTATM]FT INCLUDING BUT NOT
UIVFEO TO STAKED STRAW DALES. ROCK ENTRANCi'S AND/OR SILT FENCES, CONTROL $HALL COMMENCE WITH
GRADING AND CRNTTNUE TIAP0UCHCLIT THE PROJECT UNTL ACCEPTANCE OF THE WORK BY THE OWNERS. THE
CE}NTP (.'T0R'5 RESM145IBiLTTY INCLUDES ALL DESIGN ANd WPLEMENTATION AS REWIRED TO PREVENT EP.OSTON
AND THE DEPOSITING OF SILT. THE OWNER MAY, AT HIS/HER OPTION DIRECT THE CO NTRACTO R IN HIS/HER
LT£THODS AS DEEMED FIT TO PROTECT FRt7PERTY AND IMPROVEMENTS,
8. ANY DEF'OVTINC OF SiLT SWALES SHALL BE REIAO%TD AFTER EACH RAIN AND .WFECTED AREAS CLEANED TO THE
SATT77ACTiON OF THE OMER, ALL AT THE EXPENSE Of THE CONTRACTER.
r, IMF SILT FFNCFS SHALL BE PEMTOVED AND THE SILT REMOVED FROM THE PONDING AREAS ST THE CONTRACTOR
AFTER, I H E i URF IS ESTABL.ISHED,
6. TTtE CONTT? 00P. SIIALL BE RESPOVSITTI"E FOR COMPLIANCE WITH AND THE MONRORING REQUIREMENT OF THE
LTPCA GENERAL STORM WATER PERMIT FOR CONSTRUCTION ACTIVITY.
9. ALL DrTVRBEO AREAS. EXCEPT THE RAOAD AND DRIVES $11ALL DC RESTORED WTFH A MINIMUM 4 INCHES TOPSOIL,
SEEPED AND MOU,HED WITHIN 7 DAPS OF OOMPL.ETIOTI OF SITE GRAVING. SEEDiI•JG SI-WLL DE IN AC.C'OF{a a WITH
MNL'-_'.T SGE,:IFI[ATION 2575, MIX, 280 A 50 LBS/ACRE (OR APPROVED TOTAL). DORMANT SFEUING ARfaS SHALL
BE SEEPED ANC' MULf.HEO IN AOCORVANCE MIN M41307 SPECIFICATIONS, STRAW MULCHING QUANTITY SHALL BE
TWO TONS PER ACRE; FERTILIZER (22-5•-70) 5HALL BE APPLIED AT A RATE OF 350 POUNDS PER ACRE.
TO. CDN;TRU `ION SHALL PROCEED T1 THE FOLLOWNG SEOLENCE:
a.G: MfiCTOIT S?0LI_ SCHEDULE A PRE -GONS7RVCTR>N MEETING WITH THE C3TY.
b.!rI.;ALL EROSON CONTROL MEASURES AND ROCK CONSTRIJUCH ENTRANCE.
C.00N7ACT pTT FUR APPROVAL C'F ERO5K;N CONTROL INSTALATw
d.r(PNSIRUCT TEMPE)RARY DRAINAGE DITCHES/SWALES/STORM SEWER.
e.MhINTNN E`3ROW- 1 MEASURE. I.E. ';;LT FEW.F, ROCK CONSTRUCTION ENTRANCE.
F" CC-MPLETF SITE CWDING TOLERMCING"
q,'titiAN I SEFi.I ANP NULC'H ON AREAS 1HAT ARE NDT TO BE HARP SURFACES.
11 ALL STORM SEWEF? INLETS AHU FLARFI) END SECTIONS SHALL BE ADEQUATELY PROTECTED BEFORE AND AFTER
PAWMEIfT CONSTRUCTION UNTIL ALL DISTURBED AREAS ARE STABILiZED, CONTRACTOR SHALL PLACE MIRAFI FABRIC
AND C•F+lWl OVER ALL CATCH PA%- ;P.ATF INIETS UR'1TTL PAVING SURFACES ARE PAYED AND THE SiTE RESTORED.
12. ST(Y.KHT; F AREAS YMCH REMAIN ON FHE STE FOR MORE THAN SEVEN DAYS SHALL BE SEEDED, MULCHED. AND
SURROUNDED BY SILT HENCE.
T3. ALL 5EC':MENT Tti.UV BE REMOVED FROM THE PI)Nfn, AS NECESSARY, PRIOR TO COMPLETiO4 OF THE PROJECT.
14 RID I{IL'S SHALL BE INSTALLED AT PIPE INLETS AND OUTLETS UNTIL RIPRAP IS INSTALLED.
15, INSTALL SILF FENCE AROUND POND Al COMPLETION OF CRADING•
16. THE CCINTRACTOF? AT NO ADOMNAL COMPVNSATION. SWILL BE RESPONSIBLE FOR PR17JI01} THE SWPPP MAILBOX.
17. AIL INSPFC1101,15 AND MAINTEWANCE CONDUCTED DURING CONSTRUCTIO4 MUST HE RECORDED IN 91fftiTING AND
THEE REC1IRL-- MU57 BE RETAINED WITH THE SWPF'P AND WADE AVAILABLE MTIIIN 24 HOURS Or BEING
PEC'JE5TEU. RECCCDS CIF EACH INSPECTION AND MAINTENANCE AC`NTFY SHALL INCLUDE'
o. CATE AND DAE OF INSPECTKA.
b. % M1E i7F PER.1jOH CONDO(" MG INSfEtTOJ.
[. CORRECTIVE ACIION TAN EN (INCLUDiNG DATES, TIMES, AND PARTY COMPLETING MAINTETIAIVCE ACTNRiES).
7.DATE AND ANCUNT OF RAINFALL EVENTS 0`*AIER iRAN 0.5 WlI'HES IN 24 HOURS.
f����---�PPPLLLL����3HD HAROIYOC�p
�•`a. f CV STEEL POSTS A
MIN. 0e- T INTO
cIR[AUvu
rHWSTRY .ApF•R4YLT7
SILT FFIJC'F WOVEN GEOTExTnE
2Y2 HAapwrlaD-
POST (TYPICAL) -1 _
CQPICREYE SIVEW.ALK E
rJ117ER_ Fcl`t E 5" Mi"WO t DEPTH
•r.Ardes
2' MIN (TYPICAL)
EAQ9 GH LON �PpL ',-SILT FENCE
13LnfF:ET�
CURT -? GUTTER LR(GQN CQNTRDL )1TT'OUT SIDEWALL
LNEs' IES.
a'
1. "iST.ALL SILT FENCE PER PLAN SET BDCIRE PFr:1NNING CONSTP.UGTION
.. sT.ALL SILT FENCE AND ER090H CnNTROL BLANKET R3EHM CURB h MTTER A3 SSHOL'Rr
5. REPLACE TORN. OVEREbf?UENED, OR DECOMPOSING SILT FENCE WTHN 24 ROLL
4. TO JOIN SECTIONS OF SILT FENCE. POSITIQN POSTS TO OVERLAP. FABRIC SHOIAO FOLD
ARExJUP EALN -''DST eK FULL TURN
ESTNOTED QUANTiTIE5
SILT FENCE (lr) - 175P
PO:L .TONS RUCTION ENTRANCE 1
INLET PIR TECTION = 10
P.E'MRATIC N (.ACRE5) - 7.5
OWNER:
E>SfSIk[G �� NAME; GUARDIAN ANGELS OF ELK RIVER
CONTACT; DAN DIXON
OVERFLOW IS J5 OF ADDRESS: 500 FREEPDRT AVE NW SUITE A, ELK PRYER, MN 553M
THE C RB BOX Y'• ~••_ ,,mot-+ PHONE NUMBEFc 753-241-4425
HEJ�� ��'� ti ` EROSION CONTROL INSTALLER:
-•x�r GGyy�$. NAME:
CONTACT:
•`� �-� ADDRESS:
PLAN y - �.� PHONE NUMBER'
Hjtn
DEFLECTOR PLACE `� CONTRACTOR;
17. NAME:
O�rI.OW Is R 'OF
'k_` �"� ; %•'r ,, °�f., COiVTACT:
THE CURB BOXt i ' .r ti ADDRESS.
HEIGHT
OrERFLOw ar TOP J - _ �-'�d��� � '�` ;�-� ., .-`�- _..� PHONE NUM9ER:
or FILTER •w.r •.. fy I i:1. "6 ..'� - Y •
CURB '+% ,fir es y. ''� • �.. SIYPPP DF5113NE R:
+ _ NAME: CrAMPK M ENGINEERING SE.RNCES
CONTACT: 14AFW CAi�PION
Y+ �. ADDRESS: IWO PIONEER CREEK CENTERWAALE PLAIN, MN 55359
6AWi •ii; PHONE HUMSM (763)479-5172
srq a{,.I
�� -. •„ CAAA Gil . � �. � l • � .. T� _
FILTER ASSEMBLY .-
sic qV Qog
OIAWETFPON-GRADE
s'c
8" OH -GRADE � � � !` a + � 95
51
to' AT Low POINT •eQ. ,.. ;
HIGH-FLOYI FABRIC sAV_-- {j ! _ t `.,�•
3 RICH FLOW
INLET ❑ PROTECPPO N CLRB RW DRAW 2 AND GUTTER MODEL r ' � �\ •J�rr �'� � � _ •"` ` L _.f- - ~ � � • 4'- � �� ` ��. � � '4 � �,.
OR CITY APPROVED EQUAL
CATCH BASIN INLET EROSION CONTROL
U�'C�OPO �_r.. ,.. :h F•3. f.rF�•'
w 6 r
•Y-e` .''� -.y' ] �' FF'i..r I / ■ I r' t� �f � -ti.� � lP
_ • r .3. ;$ CY T�•rN x71PRAP ' / !r1 •`�•• � � r.• ,+ r �•
. n r RIPrTA7W TO FLEV 9 I { /1■ /~�`_ ✓`a� i r' _ �`-.
ew
S� MINIMUM DEPTH fv I !
.44 ti I ■ f1 �; , sea ,c
1" - 2" WASHED ROCK of f .i f f ' ! ~� ` i // /� f / A p❑ me
tl,1N�N`� `� it ` .�f' • � I r ' I � � •! ' 1 I �' `_ s'
18' MINIMUM CUT OFF BERM r
TO MINIMIZE RUNOFF FROM SITE �, O I
FILTER FA9RIC SHALL 9E PLACED UNDER ROCK
9'9 tiFLOOR- L ■
/ f y.
TO STOP MUD M1GRATTON THROUGH RO>Cli. fi r. ; r T - I. : ^� k
ROCK CONSTRUCTION E RAWE ro r,•
re ' ` r�J. I f r { F' �1. �- .., , - ♦ �y ^S M. 'yF
or
Inrc ' �- '' +' .- ,q r• I ! i i ; ' r� � - tit=``it:� ' -- - .-.-..-. _ "•• ,� .. - •'� '�.
F n s[r�I a i i 1 i• t- ` 9 n 4�• t r. �. -'.P
,SSA r ! °rr1 ' i 1 1 ' r ;y^ f r: ry y ti.
Ins 'r• ,� _Ii.a i • -'`Y ^`titii•'. �4" i'� -� � .... �_ '. `,�xa.. •' • � �, o fn �� _•�e.�
i} �, ` ' I .t� - �� L3yI iT i_I :3• • i M �.-+i. Y I }`i r.^ ., -ITS;
... �� •F � sir ":., � 'fA k n y ;!::�.�-E ,. .� .�• �• M "_".,._ 'l. '� r �' "=��� �Ga^
.i � ti � I '. ` `a� 'c .. `^ ~"4 A_. 4,r .` s y :. L •S �. i�T t: f, p, ! ��-r ... -. .. _ � -� '• r � '�Sy "�. V{-
I:� % �;�-.,...� .�••�t `` + � I ii. •i��•c- .f; - i' r.; ti fin.:
?`' r.r •3 , ' ,; Y '\` i `'gyp '1... ti •.��:---r,iv'er..' ,� .}" �' ; ..J _',.
i ,,ter:,' r! Laprrs WISP a� `• : I , ' �� ��� �: �- � y.w .. �",- � N.
' 15 - 9 y. - - ? it ,,.. - .. a.._,� _. • �c :, .:cam.: _. - �.., # sd3,r , 7 � •'t t i �yl
CA"9, Z,V Y7�ETJ� 1Cfrr•d: -,• .,.a •'' 4,5 •_�iA, '� w. '•J Mi +k ��/
` POM
fr
INLET PROTECTTDN, "Ill l
Aasc Or p7PI t
., --.�+... --..-.'_._•_-_- -.. .•... I` .. �.r .m•-M«.--...w..�...`. w. •.�.y�. ^.��.__�'.�. ,.. .�!,w'"•... _.... _^. .. d'A6r•-.-•+•... ...w-_ F•. .� 6 If
N; CIYILLNIGINEERINO ELAND PLANNING I hereby Cer-hFy that this plan, spe fiicotlon
CAMPION or report riaS Geer prepared by me ar '" . f ENGEL HALOS SENIOR HOUSING CAMPS
1000 Pionw cr"k Center, under my dIlrect supervtslon and that �,r-;4,l �
ENGINEERING P"O. Box 249 1 am a duly licensed Professional Engh"r GUARD
��i�
Mop le Plaira 04 55359 ,' ' ��{����� i7f,i►`lfDF/` N ANGELS -S SENIOR SERVICES
Unda:r the laws ad the State of Minnesota.
SERVICES INC. Phone:703-479-5172 ^�
DESCP.IPTiLIN For: 763-479-4242 6 17 2013 +-t+nn rzr+,"+
PISTON$ E-Nlil: rTwamgTo Q=rrrpionang.rum Mnrlln P. {tin ion =Lk. 19901 DOt9; ALBEIT
EXHIBIT
Agenda Page 121
F
30 4 50 700 r5o
STORM WATER POLLLMON PROJECT NO'
PREVENTION PLAN 13-022
°A EET NO. C4 06/12/2013
STATISTICS
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Agenda Page 122
CALL 46 HOURS KFORE 0104RAG: - - CC
�QPy.F,R_STAM4ki LAU 30 4 SR 100 f3R
TWIT- CI'Z AREA 651-454-0002 ••, t
MN. TOLL FREE 1-500-252-115649
1. 7O%gSTRUk7ON SHALL COMPLY WITH ALL APPLICABLE GOVERNING CODES.
2. HE C1.9y7'40CTDR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVID PROPERTY DAMAGE TO ~-
_- 'ya
AP.PROPERTIES DURING THE CDNSTRl1CTTON PHASES OF THIS PF?DJFGT, THE C-0NiR.4CF412 � '' � ---. - � • "s
1YILL BE HELD SOLELY RESF'ONS1811 FOR JWf DAMAGES TO THE AO•LACENT PROPERTIES OCCURRFICIACENT
OUPIN, THE CONSTRUCTION PHASES OF TFBS PfWECT.
3- THE CONTRACTOR MUST CONTACT ALL AP?RDPRLATE UTUF COMPANIES AT LEAST 49 HOURS
BErVRE ANY EXCAVATION TO REQUESTPACTFIELD LOCATION OF EXISTING UTILITIES. FT SHALL 9E • ��' ; � F' � 'Brti.'�� ti � `�
?HF RESFYki51P1T.ITY OF THE CONTRACTOR TQ RE1-OE:ATE ALL I1TIL1TIES WHICH QONFLICT WITH THE
PPOPOSF.11 IMPROVEMENTS SHOWN ON THE PLANS, THE LOGAnDNS OF WALL UTILITIES SHALL RE
CBTAINED BY THE CONTRACTOR EY CAWNC GOPHER STATE ONE CALL (1-d9O-232-1I6fl- �L : I'# � � �" _
4. SORTIE fiDTiCE TO C4HIRACTPRS: IN AGCOftOANCE WiTH GENCRALLY ACCEPTED COMMUCTION w,r
PRACTICES, THE CONTRACMR WILL BE SOLELY AND COMPLETELY RFSPONS161LE FOR CYINDfT1CNS ON >_ 1. 4 • w � y�
THE JOB SITE, Ih1 WD14G SAFETY or ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE °iL > P.
WORK. THIS REOUIREMENT WiLL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING
H'711R5. THE. DUTY OF THE ENGINEER OR THE OWNER To CCl1DUCf CONSTRUCTION REVIEW OF THE 11 t
t ,
COMPACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF T14F ADEQUACY OF THE r
mar
CONTRA( ;TO.R'S SAFETf MEASURES IN, ON OR NEAR THE CONSTRUCTION SITE. _y as � .+
5. THE CONTRACTOR SHALT. BE RFSPCIMBLF FCR PROVIDING AND WiNTAININ9 TRAAFTiC C04TROL
DEY[CES SUCH AS BARRIMES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO n :': i • -raft�.ti ��_� 2
CONTROL THE MOIrcMETTT 4F TRAFFIC WHERE NECESSARY.TRAFFIC CONTROL DEVICES SHALL vr� r•-, dl 5 ` !I
CiiNFORM TO APPROPRIATE MINNESOTA DEPARTMENT of TRANSPORTATION STANDARDS.
G. 711E CONTRACTOR SHALL RE;TRICT ALL GRADING AND CONSTRUCTION ACTNITIES TD AREAS
PC; IrA07ED ON itIE TiAHS. ACTIVFilE5 PRIDE] 16REP OUTSIDE THE CONSTRUCTION 50UNpARIES
VK. DUT ARE NOT UMITED TO: 57OCKPILING SOILS AND OTHER MATERIAL STORING EOUIPMENi
OR EITHER MACH0,1ERY. ORiVIWr VEHICLES. LEAKING OR SPILLING OF ANY 'WA5HDLTr OR OTHER , �, {`' f � ! I � ��•
TOXAC WTERIALS. f r• / I
7, THE CDNTPAETr]P SMALL BE RE"3'ONiBLE FOR COORDINATING ALL REQUIRED ;TiEL TESTES AiiD _ '' � _ 1 I \� 'k ctp
Ihr:PECTIONS WH THE SOILS E•NCANEER. MI� � � � �F i \\ •. �'=! - �� J �/
8- THE SITE I1A; NOT NEOESSARIL7 DEEM OESIGNELI TO HALAAiC£ THE ON -Siff MATERWLS_ AFTER THE-�•�_ _ I .r,
S17E GRMNG IS COMPLETE_ IF Ek'CTSS SOIL MATERIAL L- 07S. THE CIDNRPACTDR SHALL DISPOSE r", rd J I � ` r �� ` � lr
6F ALL EXCESS 501E MATERIAL OFF -SITE IN A MANNER ACCEfYRABLE TO THE Oft AND THE �" = ' `+ { � � / ! � ` ti �
r r- i
PICURATII`4 ACZ 10ES. i f�• rf \ / J i - y 91. r
9. THE EXISTING TOPSOIL DN THIS SITE VARIES IN DEPTH. IT 5 THE CONTRACTOR'S RESPONSiBUTY ,$ '•.-•""'".^•.,� ' l - ��'�'� � . r � / � 7 l-`i � -i= _ 'ti � y� L
THAT ALL SURFACE VEGETATION AND ANY TOPSUL OR OTHER LDGEE. SOFT OR OTHERWISE [ +
UNSUITABLE UATER1AL BE REMOVED FROM THE BUILDING PAD AREAS PRIOR TO PLACEMENT OF ANY f . i��?'�► r tf � I � ��r j1 T `-.� `� =r »� �t� � ��
EMFA1VMEiTT, j ti 'ers,�ee f I ,/t ' Cf = 2
r, MA7CR1AL NOT PLACED IN THE STREET. STREET RIGHT-OF-WAY OR BUILDING PAD
AREAS SHALL BE LCNP.ACTED IN AGfTfCE WITH THE REPORT OF CEOTECHNIGSL EXPLORATION10, LND4,10 CY CL7V tIPRAP
AND REVIEW PREPARED BY AMERICAN EMGIIJEERING TESTING. INC. kR GFGFELE FABRIC ' / // T ! r ` ri. "•fir �
it. EXCAVATION FOP THE PURPOSE OF REMOVING UNSTABLE OR LNJSUTABLE SOILS SHALL BE "RIP E EV 945
COMPLETED AS REWIRED BY THE SOILS ENGINEER. EMBAHI(MENT MATERIAL PLACED iN THE �� � �%�
BUILDW., PAD AREA SR&L BE COMPACTED AS DIRECTED TiY 7W_ GEOTECHNICAL ENGNE•ER
12, TcrLERANc'i :
a_VT_ S '11'� H APE TO R£GCrVE TOPSOIL SHALL BE GRADED TO WITHIN 0.30 FOOT ABOVE OR
BELOW 'HE REQURED ELEVATION, UNLESS DIRECTED BY THE ENGINEFR. P , a I /I JIJ J TEE 1� r
b. IOPW-L SHALL 13E GRADED O PLUS OR MINUS S INCH OF THE SPEKHFIED THICKNESS. '. �. r' 1 I I 1 rw -S
13. ALL DISTURBED UINSURFACED AREAS ARE TO IMMEDIATELY
MEDELY FECENE SIX INCHES 3 OF TOPSOIL. SEED ` f'. I I I r R
AND MU -CA AND BE WATERLINTEL ED A HEALTW STAND OF ;PASS IS OBTAINED. y
V
14. FR�]P^StL COlfTUR1RS ARE TO F-I'lISIIED SUR>-+CE GRADE OR GUTTERL1NC IF CURB, PLAN GRADE � ��A
!IS TO FINISHEDGAA.AGE FLOOR ELEVATION. EXISTING CONTOURSARE SHIOWN AT 2 FOOT INTERVALS. �r 4:I r.:;
ALL PPOPM CONTOURS ARE SHOWN AT 2 FOOT INTERNALS- 4y�
f J. .. - .. i• ti f •,
f5. GC^ITPA.CTOR SHALL ALAi<JST ANDfrOR O11T EXISTING PAVEMENT !l5 NECESSARY TO ASSURE A rr�� 1� �yr r�,-: ; .- I _ •.,1, _ _ � "" O '• 83•~ j �
5"1 PTRI FIT AND CONTINUOUS GRADE ALON, MATCHING PAVEMENT AREAS AND/OR CURBS
16. THE CONTRACTOR SHALL ASSURE PD51TIVE DRAINAGE AWAY FROM THE BVILDIKSS FOR ALL NATURAL � �7
AND PAVED AREAS. J r �^' '• `•.. '^ S M
17. THE CGd1itACTOR SHALL PROVIDE DfiYATERING AS RE[]UIRiS] TO C4lJPLETE THE SITE ;RADINC ~"
C^NSTRUCTION OR AS DIRECTED BY T'HE SOILS ENGINEER. f�v.:: ,.' fl J F l� C
18. THE CONTRACTOR SHALL CONE UCT TEMPORARY DITCHES TO DRAIN ALL LOW AREAS iN FUTURE � d G�a`' . � : r: � � I /r'r d [F ; R` - � 7ems ■ • a , { /
PHASES OF THE PROJELT. MATERIAL EXCAVATED TO COirSiRUCF TEMPORARY DITCHES SHALL �r � ' S� , I"' i ? r;' +: -` :`�• �
'SIVI'AD IN THE AREA.. IMMEDIATELY ADJACENT TO THE DITCH. THIS MATERIAL WILL BE USED TO FILL
�ii - 1= 4 • .. �:: �`• � y. `- � ~ m '' -:�, _ r
0;1"11E:S WHEN THAT PHASE OF THE PROJECT 5 CONSTRUCTED. ! =•�'r' r i• r 1. 1 r� a• °. •�•--. 7.:.xi;: �-«_ ,•,,---- -�~- !^ L7 •~ MH�^'�y �Pv
`• 9. Ci NTRALTOP SHALL COCFEINATE CLOSING Or KASSEL AVE WiTH CITY OF ALBERTALLE ` V � � . + Y :! r � �� Fe 1 , i ?,' i wAp°e � - ��.._ p - y 1 _ w
2O- r 'ITRAGTCiR 57lALL BE RESPON519LE FOR SUBMITTING TRAFFIC CONTROL/DETOUR PI ATf TO THE y' ! R I _ J. ti .,i t:.•;. _ _ n - - - -
r,;IIY OF .41BERTML.IF •.r K+e,.�' •f. w4 �r-• .r � 3_., ' „•_ +�.� e. .,� j7 vJ
r-• �ti oicrJr i yi f,. • 970".•.�" �" .� ; f� d' �'
2', E !"TING BOLTNDARY ANO TOFCICfiAPHIO INFORMATION PER ALTO _URVFY PREPARED By SONDE LARD r�'^
- 97I' L a •
5LI RbEr1I1G. r t� s+; %. 'y f ? y , f y -= t yZ•, K'_ .. r ..�.. ., .��'--`�� :rs •� H3 i✓ '^ - ! y r : a 'f i�
ti- - � �. � 7 `� � - �f�ri: � �� r��' `�S•, r �. `r;' .�.:•� � ~'`�5a - ititi. , � {ir
o - ■e,.na� T � t '3r. -�� -fir.-r _ �.�. r rlp�.", rt. - ^�.I l�ir'•+..•y ; C. "1
CkMMMr1TF5
HE COM P.ACT6P. 1; SPECIFICALLY CA.1TINED THAT THE LCKATTG?J ANf1rOR ELEVATION OF EATING -_ ";, _ . 1 Ea y't;`•.;: r �� \
SCOMPANIES
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Agenda Page 123 '
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JllNJ
A,1bcrtVi11C
and Council Request for Action
Small "�"> � whi. ru Lh►ing. 019 �.: �;7s r I. e. Mayor1
August 1, 2013
SUBJECT: VACATION OF A PORTION OF KASSEL AVENUE NE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION To: Approve Resolution No. 2013-032, Resolution vacating a portion of Kassel
Avenue NE within the City of Albertville.
BACKGROUND: Evans Park, Inc. and Guardian Angels of Elk River, Inc. have jointly
petitioned the City to vacate five feet on each side of Kassel Avenue NE abutting the future
senior housing site owned by Evans Park, Inc. and the property immediately to the east, owned
by Guardian Angels of Elk River, Inc. The current road right of way has never been platted, but
instead was dedicated by separate easement when Albert Villas 6th Addition was platted. At that
time, the right-of-way was dedicated at a width of 70 feet. The City Engineer and Planner have
determined that only 60 feet of right-of-way is required, which matches the platted right-of-way
in Albert Villas 6th Addition and is consistent with the City's subdivision ordinance. Evans Park,
Inc. and Guardian Angels of Elk River, Inc. propose to plat 60 feet of right-of-way along the
current alignment of Kassel Avenue NE when the Guardian Angels of Albertville plat is filed.
Ownership of the five feet on either side of Kassel Avenue NE will revert back to Guardian
Angels and Evans Park, Inc. once the vacation is effective and will be incorporated into the
development of each lot. The two five-foot parcels proposed to be vacated will be covered by a
utility easement once the plat is filed.
KEY ISSUES:
• The property owners have requested the vacation of the two five-foot strips and have
agreed to pay all of the City's costs related to the vacation.
• The vacation will not be effective until the plat is filed.
• The plat will place a utility easement over the vacated portions of Kassel Avenue NE.
• The two five-foot sections of right-of-way are not needed for road purposes by the City.
POLICYTRACTICES CONSIDERATIONS: The City has routinely granted vacations of
streets and utilities in the past when the easement no longer served a public purpose. It has been
the City's policy to return these parcels to the tax rolls when no longer needed for public
purposes.
FINANCIAL CONSIDERATIONS: The vacation will have no immediate financial impact
upon the City, as Guardian Angels and Evans Park, Inc. will pay all costs of vacating these
easements. over the long run, the two five-foot vacated parcels will return to the tax rolls and
will increase the City's tax base by an insignificant amount.
M:1Public DatalCity Council\Council Packet information1201310505131050513 Kassel Vacation RCA.docx
Meeting Date: August 5, 2013
Agenda Page 124
Mayor and Council Request for Action — August 5, 2013
Vacation of a Portion of Kassel Avenue NE Page 2 of 2
LEGAL CONSIDERATIONS: The City Council has the legal authority to vacate a portion of
road if it determines that the vacation is in the interest of the public.
Responsible Person/Department: Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution 2013-032
M:1Public DatalCity Council\Council Packet information1201310505131050513 Kassel Vacation RCA.docx
Meeting Date: August 5, 2013
Agenda Page 125
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNE SOTA
RESOLiTION No. 2013-032
RESOLUTION VACATING A PORTION OF KAS SEL AVENUE NE
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, the City Council, pursuant to a petition submitted to it by Evans Park,
Inc. and Guardian Angels of Elk River, Inc. under Minnesota Statute §412.851 did hold a
public hearing on August 5, 2013 at 7 p.m. at the Albertville City Hall. At said time and
place the City Council heard all interested parties on whether to vacate that portion of Kassel
Avenue NE described below in this resolution.
WHEREAS, all notice requirements of Minnesota Statute §412.851 have been
satisfied; and
WHEREAS, the City Council finds and determines that it is in the public interest to vacate
that portion of the roadway legally described below as such roadway is no longer required by the
City.
NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville,
Wright County, Minnesota does hereby order as follows:
l . That part of the easterly 5.00 feet and the westerly 5.00 feet of the Permanent
Roadway Easement per Document No. 854994, also known as Kassel Avenue
NE, which lies southerly of the southerly right-of-way line of County State Aid
Highway No. 18 per Wright County Highway Right -of -Way Plat No. 42, within
the City of Albertville, Minnesota shall be vacated upon the filing of the plat
known as Guardian Angels of Albertville with the Wright County Recorders
Office, Wright County, Minnesota.
2. The City Clerk is directed to file a certified copy of this order in the records of
the City and a "Notice of Completion of Proceeding" with the office of the
Wright County Auditor and Recorder.
Adopted by the Albertville City Council on the 5th day of August, 2013.
Kimberly A. Olson, City Clerk
Jillian Hendrickson, Mayor
Agenda Page 126