Loading...
2018-05-07 City Council Agenda Packet - Reduced City of Albertville Council Agenda Monday, May 7, 2017 City Council Chambers 7:00 p.m. PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. 1.Call to Order 2.Pledge of Allegiance –Roll Call 3.Recognitions – Presentations – Introductions A.Royalty Presentation 4.Public Forum – (time reserved 5 minutes) 5.Amendments to the Agenda 6.Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the April 16, 2018 Local Board of Appeal and Equalization meeting minutes (pgs 4-5) as presented B.(pgs 6- Approve the April 16, 2018 regular City Council meeting minutes as presented 10) C. Authorize the Monday, May 7, 2018 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at (pg 11) City Hall upon request D. Approve street closures as indicated for Albertville Friendly City Days and approve Central Park hours to 11:00 p.m. on June 7, 2018 and to 1:30 p.m. on June 8-9, 2018 (pgs 12-14) E. Approve Temporary On-Sale Intoxicating Liquor License for the Knights of Columbus and Foxtailers Snowmobile Club for June 8-10, 2018 at Central Park,5801 Lander (pgs 15-17) Avenue NE F. Approve Temporary On-Sale Intoxicating Liquor Licenses for the Albertville Lions Club and Albertville Fire Relief Association for June 7-10, 2018 at Central Park, 5801 (pgs 18-20) Lander Avenue NE 7.Public Hearings – None P:\\City Council\\Council Agendas\\2018 Agenda Packets\\2018-05-07 City Council Agenda.docx Meeting Date: May 7, 2018 Agenda Page 1 City of Albertville Council Agenda Monday, May 7, 2018 Page 2 of 3 8.Department Business A.City Council 1).Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) B.Planning/Zoning th 1).Karston Cove 5Addition Rezoning and Preliminary Plat (pgs 21-39) (Motion to approve Resolution 2018-013 (Exhibit A) Denying the request for th rezoning of Outlot A Karston Cove 4 Addition to PUD district and denying the th application for Preliminary plat for Karston Cove 5 Addition.) OR (Motion to approve Resolution 2018-013(Exhibit B) and Ordinance 2018-09 th Approving the rezoning of Outlot A Karston Cove 4 Addition and approving the th Preliminary Plat for Karston Cove 5 Addition.) C.Fire 1).Fire Department Update (pg 40) 2).Purchase of Turn Out Gear (pgs 41-42) (Motion to authorize the purchase of 7 sets of turnout gear for the Fire Department.) D.Legal 1).City Attorney Report (pg 43) E.Finance – None F.City Clerk – None G.Public Works/Engineering – None H.Building –None I.Administration 1).Account Clerk/Administrative Assistant Hiring 2).Corridors of Commerce I-94 Funding 3).City Administrator’s Update 9.Announcementsand/or Upcoming Meetings May 8 Planning Commission, CANCELLED May 14STMA Ice Arena Board, 6:00 p.m. May 18 Explore Your Parks Night, 6:00-8:00 p.m., Various parks May 21 City Council, 7:00 p.m. P:\\City Council\\Council Agendas\\2018 Agenda Packets\\2018-05-07 City Council Agenda.docx Meeting Date: May 7, 2018 Agenda Page 2 City of Albertville Council Agenda Monday, May 7, 2018 Page 3 of 3 May 28Memorial Day, City Offices Closed May TBD Joint Powers Water Board, 6:00 p.m. June 4 City Council, 7:000 p.m. June 6-10 AFCD June 11 STMA Ice Arena Board, 6:00 p.m. June 12 Planning Commission, 7:00 p.m. June 18 City Council, 7:00 p.m. June 25 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. JUNE M TuW ThF SaSuM TuW ThF Sa 1234512 CCCCAFCD 7891011123456789 PC IcePCIce 14151617181910111213141516 CC CC 21222324252617181920212223 HJPPKJPPK 2829303124252627282930 10.Adjournment P:\\City Council\\Council Agendas\\2018 Agenda Packets\\2018-05-07 City Council Agenda.docx Meeting Date: May 7, 2018 Agenda Page 3 CITY OF ALBERTVILLE LOCAL BOARD OF APPEAL AND EQUALIZATION CITY HALL –COUNCIL CHAMBERS April 16, 2018 DRAFTMINUTES ROLL CALL PRESENT: Board members John Vetsch, Aaron Cocking, Walter Hudson, and Rob Olson. ABSENT: Mayor Jillian Hendrickson STAFFPRESENT: City Administrator-PWD Adam Nafstad, City Clerk Kimberly Hodena, Albertville Appraiser Brice Nelson, Wright County Assessor Tony Rasmuson OTHERS PRESENT: Mehdi Arradizadeh, Tina Segler, Wendy Merila, Becky Nielsen, John Hawkins, Maritza Pechan, Eduardo del Barrio, Magdear cooper-Kekula, Agatha Sand, Ron Scherer Vetsch called the meeting to order at 6:35 p.m. ASSESSOR’S OPENING STATEMENT Nelson reported that the goal of the Local Board of Appeal and Equalization is the review the 2018 assessment for taxes due and payable in 2019. The board does not have the authority to open any prior year’s assessment for taxes due and payable in 2018. The board also does not have the authority to grant an exemption or to order property to be removed from the tax rolls. Nelson indicated at least a quorum of the board must be present at the meeting with at least one trained and certified member. He alsoindicated State law requires the assessor to value property at 100% market value; however Minnesota Statutes allow the assessor to within a range of 90% to 105% if market value. Nelson reported that overall in Wright County, residential value increased 7.36%, apartments by 5.48%, and commercial for 3.19%. There was a total of $22 million in new construction completed. He stated the sales ratio for qualified sales (non-foreclosure properties) was 92.26%. Vetsch stated if they fall below 90%, the State of Minnesota will address the value. Rasmuson stated that comparable sales data can be found on Wright County Beacon website. Hudson inquired about the process used to evaluate market value and Nelson replied that assessors use amass appraisal approachusing comparable sales data in similar neighborhoods. Arradizadeh, 6750 LaSalle Circle NE, inquired how the City knows if improvements are made to properties and Nelson replied that he looks at building permits. Rasmuson also stated that they verify through sketches. Page 1 Agenda Page 4 City of Albertville Meeting Minutes Local Board of Appeal and Equalization April 16, 2018 Page 2 of 2 Nielson, 6753 LaSalle Circle NE, inquired why their value increased so much. Nelson responded that the home had more square feet and the building materials were a higher grade. He clarified that he is looking only at market valuation and not tax rates. Tax rates are set by the county, city, and school district. His role is to make a recommendation on market valuation to the board, but the board ultimately will make the decision whether to lower the valuation or not. th Merila, 11701 54Street NE, stated that she had difficulty refinancing her home as the appraisal didn’t come in at what the market valuation was at. Rasmuson informed the board and audience that the homestead credit also goes down as valuation goes up. Nafstad inquired if it was possible for the Assessor’s office staff to review the properties of the persons present and reconvene. Rasmuson indicated that a reconvention of the meeting would need to be done by May 2. Nafstad suggested possibly April 30 after the Joint Governance meeting. Motioned by Olson, seconded by Hudson, to reconvene the Local Board of Appeal and Equalization meeting on April 30, 2018 at 7:00 p.m. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Motioned by Cocking, seconded by Olson, to close the meeting at 7:29 p.m. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Respectfully submitted, _______________________________ Kimberly A. Hodena City Clerk Agenda Page 5 ALBERTVILLE CITY COUNCIL Monday, April 16, 2018 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1.CALL TO ORDER - PLEDGE OF ALLEGIANCE Acting Mayor Vetschcalled the meeting to order at 7:34 p.m. 2.ROLL CALL Present: Acting Mayor Vetsch and Council members Cocking, Hudson, and Olson Absent: Mayor Hendrickson StaffPresent: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, Fire Chief Eric Bullen, Public Works Supervisor Tim Guimont, Water/Wastewater Supervisor John Middendorf, and City Clerk Kimberly Hodena Others Present: 3.Recognitions – Presentations – Introductions A.2017 Audit Presentation – ABDO, Andy Berg Berg presented the results of the 2017 audit and said the city received a clean opinion from the firm. He stated there is still a concern regarding the limited segregation of duties, but that is common for cities of the thissize. He reported there was one finding regarding credit cards. He stated that all receipts from online credit card purchases must be submitted in a timely manner, but staff has already addressed the issue and implemented credit card processesinternally. Berg reported that the water and sewer fund receipts are higher than expenditures, including debt. The stormwater fund revenue does not cover debt. The recycling fund essentially breaks even. Vetsch inquired of Berg if he observed anything unusual during the audit process. Berg replied that the city has a good capital outlay plan. The enterprise funds have improved after a software error was corrected. The Prairie Run fund has improved with the increased lot sales. There is also a healthy general fund balance. Olson asked is the city is sitting well with utility rates where they are and Lannesrepliedthey are. The disbursements from those funds will only decrease as debt is paid off. Page 1 Agenda Page 6 Motioned by Hudson, seconded by Olson, to accept 2017 audit report as presented knowing changes to statistical tables for final audit will be changed. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. 4.Public Forum – (time reserved 5 minutes) 5.Amendments to the Agenda There were no amendments to the agenda. 6.Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the April 2, 2018 regular City Council meeting minutes as presented B. Authorize the Monday, April 16, 2018 payment of claims as presented, except bills specifically pulledwhich are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request C. Approve Resolution No. 2018-010 entitled a Resolution Authorizing and Documenting Inter-Fund Loans to Fund Negative Fund balances D. Approve Resolution No. 2018-011 entitled a Resolution to Transfer Funds st E. Accept 2018 1 Quarter Budget to Actual report st F. Motion to accept the 1Quarter Accounts Receivable report G. Approve Resolution 2018-012 approving the Minnesota Lawful Gambling LG230 application to conduct bingo on Saturday, June 9, 2018 during Albertville Friendly City th Days at St. Albert Parish Center, located at 11400 57Street NE Motioned by Hudson, seconded by Olson, to approve the Consent Agenda as presented. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. 7.Public Hearings –None 8.Department Business A.City Council 1).Committee Updates STMA Ice Arena Hudson reported the last meeting was routine; the board reviewed the financials. He reported that Josh Opiola is no longer STMA Youth Hockey president. A replacement has not been identified yet/\\. City Council Meeting MinutesPage 2 Regular Meeting of March 19, 2018 Agenda Page 7 B.Public Works/Engineering 1).Purchase of a Compact Excavator and Accessories Middendorf reportedthe Utilities Department has a need for an excavator for use in reed beds, catch basins, and stormwater ponds and ditches. He added that the excavator will be useful for Public Works and the departments would share. Olson inquired what they do now and Nafstad replied they rent the equipment. He stated the excavator has a brush option too and currently staff does that by hand. Motioned by Cocking, seconded by Olson, to approve the purchase of a Bobcat compact excavator and accessories $53,676.06. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. 2).Purchase of a Portable Pump and Accessories Middendorf reported the Utilities Department currently has a pump but itis aging. They have a need for a bigger pump. Nafstad explained that two lift stations are dependent on the pump for their lift stations, so it becomes a necessity to have an adequate pump. Motioned by Hudson, seconded by Olson, to approve the purchase of a portable pump and accessories for $42,935.73. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. C.Planning/Zoning 1).Planner’s Update th Couri explained he attended the last Planning Commission meeting when the Karston Cove 5 Addition development was presented. The homeowners association (HOA) for the original Karston Cove developments was present and voiced their concern with the proposed plan. He stated that the Planning Commission recommended denial of the application. However, it will be presented to the Council at a future meeting and it is the Council’s discretion whether they approve or deny the application. The City Planner will prepare two findings of fact for both approval and denial for the Council to consider. Couri explained the HOA prefers the original concept from approximately ten th years ago. When the Karston Cove 4 Addition was platted back to an outlot, the city reserved the right to require any new homes to join the HOA. For that to happen, he stated the HOA must modify their covenants prior to the final plat. Vetsch would like to see a one-time payment made to the HOA from the developer and call it good. Nafstad explained the developer has been trying and has held a public meeting for the neighborhood. Cocking stated he could see both sides. He stated it seems as good a plan as presented and was hesitant to wait for concepts that may not even be brought forward. He felt the Planning Commission’s recommendation was based on planning and zoning merits. Nafstad inquired if the Council was interested in holding a workshop before the application is formally presented to Council. Hudson felt that the presentation would cover the same as a workshop; Council decided not to hold a workshop. Cocking would like to see the attorneys for both sides present their case. City Council Meeting MinutesPage 3 Regular Meeting of March 19, 2018 Agenda Page 8 D.City Clerk –None E.Finance –None F.Fire –None G.Building –None H.Legal – None I.Administration 1).City Hall/Central Park Depot Security Cameras Nafstad reported that staff has received quotes for City Hall. Thiswas driven by the need for cameras at the Central Park depot and for security purposes. Motioned by Cocking, seconded by Hudson, to authorize the purchase of security cameras and related equipment for city hall and the new park depot in the amount of $8,775. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRRIED. 2).City Administrator’s Update Nafstad reported the Public Works employees were busy all weekend plowing. He commended the staff for pushing out many vehichles/residents that were stuck in the snow. Most of the sidewalks are completed as well. He reported that Senator Kiffmeyer drafted a bill that includes $7.5 million allocated to the City of Albertville for the Wastewater Treatment Plant improvements that are required. He also expects an announcement on Corridors of Commerce funding soon for I-94 expansion Vetsch would like to see advertisement of the upcoming centennial celebration in 2019, perhaps in utility bills or the newsletter Nafstad reported that the development team working with the Mall of Entertainment informed staff that they expect to submit a development application before or during May, June, or July Nafstad reported he metwithREE Development LLC, the owners of the Cottages of Albertville, regarding rental conditions and issues. He stated REE has pledged to make the correction and Nafstad reported they are seeing the beginnings of that. Vetsch reported the frustration he has heard from residents there and he felt the city needs to make sure the area seniors are taken care of. Nafstad replied that there is new onsite management and Couri added that ownership had not been aware of the issues. Nafstad reported the kickoff meeting for the CSAH 18 improvements was held. 9.Announcements and/or Upcoming Meetings April 23 Joint Powers Water Board, 6:00 p.m. City Council Meeting MinutesPage 4 Regular Meeting of March 19, 2018 Agenda Page 9 Parks Committee, TBD April 30 Joint Governance Meeting, 6:00 p.m., Albertville May 5 Spring Clean-up Day, 7:00 a.m. – 1:00 p.m., St. Michael May 7 City Council, 7:00 p.m. May 14 STMA Ice Arena Board, 6:00 p.m. May 15 Planning Commission, 7:00 p.m. May 18 Explore Your Parks Night, 6:00-8:00 p.m. May 21 City Council, 7:00 p.m. May 28 City Offices Closed, Memorial Day May 29 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. 10.ADJOURNMENT Motioned by Olson, seconded by Cocking, to adjourn the meeting at 9:05 p.m. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Hodena, City Clerk City Council Meeting MinutesPage 5 Regular Meeting of March 19, 2018 Agenda Page 10 Mayor and Council Request for Action May 3, 2018 SUBJECT: C-F–PB ONSENT INANCEAYMENT OF ILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTIONTO: Authorize the Monday, May 7, 2018 payment of the claimsas presented except the bills specifically pulled, which are passed by separate motion.The claims listing hasbeen provided to Council as a separate document. The claims listing is available for public viewingat City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: Account codes starting with810 are STMA Arena Expenses/Vendors (bolded)and key issues will be presented in the claims listingdocument. POLICY/PRACTICESCONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims(under separate cover) .docx P:\\City Council\\Council Packet Information\\2018\\050718\\2018-05-07 Finance Bills Report (RCA) Meeting Date:May 7, 2018 Agenda Page 11 Mayor and Council Request for Action May 3, 2018 SUBJECT: CC-AFCDCSC ITY LERK LBERTVILLE RIENDLY ITY AYS OMMITTEE TREET LOSING PHR AND ARK OURSEQUEST RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following: MOTION TO: Approve the AFCDCommittee request for street closings and modified Central Park hours identified below: StreetClosure RequestedDate(s)TimeActivity 58 th St NE (Main to Lander)June 6-10AlldayCarnival Lander Ave NE (58 th to Mark Barthel’s June 6-10All dayCarnival driveway) Main Ave NE (57 th to 59 th)Fri., June 86:00 p.m. –2:30 a.m.Friday activities Lachman Ave NE (57 th to 60 th)Sat., June 98:00 a.m. –3:00 p.m.Car/Truck Show Lachman Ave NE , Lamont Ave NE, 57thSat., June 910:00a.m. -10:30 a.m.Kiddie Parade St NE Main Ave NE(57 th to 59 th)Sat., June 98:00 a.m.-2:30 a.m.Saturday Activities Main Ave NE (50 th to 60 th),Sun., June 1012:00p.m. -4:00 p.m.Parade th 59St NE (Barthel Ind. Dr to Main) stth Barthel Ind. Dr. (51 to 59) st 51 St NE (Barthel Ind. Dr to Main) th 60St NE (CSAH 37 to Main) Extended Central Park Hours RequestedThursday, June 7, until 11:00 p.m. Friday and Saturday, June 8-9,until 1:30 a.m. BACKGROUND: Friendly City Days will be held Wednesday, June 7 through Sunday, June 11, 2017. The Friendly City Days Committee is requesting the closure of the following streets for the community festival during the dates and times listed above. City Code Section 8-3-2 designates that City parks close at 10:00 p.m. unless special permission is given. The Committee is requesting an extension of park hours in Central Park for Friday, June 9 and Saturday, June 10 until 1:30 a.m. However, in Section 5-5-1, Noise Control, a civic celebration recognized by the City Council is except from the noise provisions. KEY ISSUES: The Committee has requested the same road closures in previous years. The Committee has notified to the Wright County Highway Department for closure of th CSAH 18 (50Street NE) on June 10. The Committee has also submitted a request for assistance from the Wright County Sheriff’s Office for security and traffic control for the event. P:\\City Council\\Council Packet Information\\2018\\050718\\2018-05-07 AFCD Street Closure-Park Hours.docx Meeting Date: May 7, 2018 Agenda Page 12 Mayor and Council Request for Action – May 7, 2018 City Clerk - AFCDCommittee Request Page 2 of 2 The City has received a request from residents in the past who would like the music turned downed prior to 1:00 a.m. In years past, the City has also received noise complaints from th residents along 57Street NE. The bands scheduled for the Friday and Saturday performances are already under contract to perform until 1:00 a.m. POLICY/PRACTICESCONSIDERATIONS: The Mayor and City Council have the authority to approve or deny requests for street closures and the extension of City park hours. The City Council has approved the request as presented in the past. Responsible Person/Department: Kimberly A. Hodena, City Clerk Submitted through: Adam Nafstad,City Administrator-PWD Attachments: Albertville Friendly City Days Committee request letter P:\\City Council\\Council Packet Information\\2018\\050718\\2018-05-07 AFCD Street Closure-Park Hours.docx Meeting Date: May 7, 2018 Agenda Page 13 Agenda Page 14 Mayor and Council Request for Action May 3, 2018 SUBJECT: C–CC–AKC ONSENT ITY LERK LBERTVILLE NIGHTS OF OLUMBUS AND FSCTLL OXTAILERS NOWMOBILE LUB EMPORARY IQUOR ICENSES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve an Intoxicating Temporary On-Sale Liquor License for the Albertville Knights of Columbus and Foxtailers Snowmobile Club for June 8-10, 2018 for the 2018 Friendly City Days festival. BACKGROUND: The Knights of Columbus and Foxtailers Snowmobile Club have submitted applications for an Intoxicating Temporary On-Sale Liquor License for the annual Albertville Friendly City Days (AFCD) festival. KEY ISSUES: The Knights and Foxtailers have submitted the correct applications for the liquor licenses. The Knights have submitted and Relief Association will submit the appropriate liquor liability coverage prior to the event The appropriate fee must still be submitted by both parties. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person/Department: Kimberly Hodena, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Liquor License Application P:\\City Council\\Council Packet Information\\2018\\050718\\2018-05-07 Knights and Foxtailers Liquor.docx Meeting Date May 7, 2018 Agenda Page 15 Agenda Page 16 Agenda Page 17 Mayor and Council Request for Action May 3, 2018 SUBJECT: C –CC–ALAFR ONSENTITY LERK LBERTVILLE IONS AND LBERTVILLE IRE ELIEF ATLL SSOCIATION EMPORARY IQUOR ICENSES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve an Intoxicating Temporary On-Sale Liquor License for the Albertville Lions Club and Albertville Fire Department for June 7-10, 2018 for the 2018 Friendly City Days festival. BACKGROUND: The Albertville Lionsand Albertville Fire Relief Association have submitted applications for aN Intoxication Temporary On-Sale Liquor License for the annual Albertville Friendly City Days (AFCD) festival. KEY ISSUES: The Albertville Lionsand Albertville Fire Relief have submitted the correct applications for the liquor licenses. The Lions and Relief Association will submit the appropriate liquor liability coverage after license approval, but prior to the event The Relief Association has paid the appropriate fee, the Lions payment must still be submitted. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person/Department: Kimberly Hodena, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Liquor License Application P:\\City Council\\Council Packet Information\\2018\\050718\\2018-05-07 Lions AFCD Liquor License.docx Meeting Date May 7, 2018 Agenda Page 18 Agenda Page 19 Agenda Page 20 Mayor and Council Request for Action May 3, 2018 TH SUBJECT: K C5ARPP ARSTON OVE DDITION EZONING AND RELIMINARY LAT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider one of the following resolutions and ordinance. MOTION TO: Approve Resolution 2018-013 (Exhibit A) Denying the request for rezoning of Outlot A Karston th Cove 4Addition to PUD district and denying the application for Preliminary plat for Karston th Cove 5 Addition. OR th Approve Resolution 2018-013 (Exhibit B) Approving the rezoning of Outlot A Karston Cove 4 th Addition and approving the Preliminary Plat for Karston Cove 5 Addition. BACKGROUND: In 2004, the City of Albertville approved Karston Cove CUP/PUD and plat that included 14 thth townhome lots north of 64 Street and 29 lots south of 64Street. This development was covered within the Karston Cove final plat and a planned unit development agreement that outlined development requirements for this townhome subdivision. The 14 townhomes north of thth 64 Street have been developed and sold to individual homeowners. The 29 lots south of 64 Street, while final platted, remain undeveloped. In 2009, the City and developer amended the development agreement giving the developer until October 31, 2010 to complete all public improvements and all private on-site improvements to develop the property. The developer went bankrupt in 2010 and never installed the required improvements. The City drew on the developer’s letter of credit and is holding the money for the improvements. In 2011 Centra Homes purchased the 29 undeveloped lots and the rights to the letter of credit money from the bankrupt developer. In investigating the sites physical conditions i.e. wetlands, wetland buffers, and water table the applicant found that the original townhome development was not practical in its original design. They also stated that the townhome housing has become less popular within the current housing market. th In 2016, the applicant has requested a final plat (Karston Cove 4 Addition) that vacated of the rdth Karston Cove 3 Addition final plat south 64 Street to create an outlot for future development. Centra Homes also submitted a concept plan to change the land use for the property from townhomes to single family lots. Upon the review of the request by the planning commission; P:\\City Council\\Council Packet Information\\2018\\050718\\Karston Cove 5th Addition RCA.docx Meeting Date: May 7, 2018 Agenda Page 21 Mayor and Council Request for Action – (May 7, 2018) th Karston Cove 5 Addition Rezoning and Preliminary Plat Page 2 of 4 th the Albertville City Council approved the Karston Cove 4 Addition with the following conditions: The City retains the option to require the future development on Outlot A Karston Cove 1. thth 4 Addition to join with the existing Karston Cove HOA on the north side of 64Street through a revised PUD development agreement to be recorded against the Outlot A property with the future final plat. Notwithstanding this reservation of rights, the City acknowledges that it may not impose any obligation on the developer to add the future lots to the existing Karston Cove HOA unless the Declaration establishing the HOA has been modified, on or before the time of final plat approval, to allow for the addition of the Outlot A land to the Homeowner’s Association. rd 2.The City finds that the drainage and utility easements dedicated on the Karston Cove 3 Addition plat (but excluding those easements dedicated on the first plat of Karston Cove) are no longer needed for public purposes and that it is in the interest of the public to vacate said drainage and utility easements. rd 3.The City vacates the drainage and utility easements shown on the Karston Cove 3 th Addition plat, provided the 4 Addition final plat is revised to preserve as drainage and utility easements all drainage and utility easements originally dedicated on the first plat of Karston Cove Said easements shall be subject to the review and approval of the City Engineer prior to recording the final plat. The vacation of said easements shall be th effective upon the recording of the Karston Cove 4 Addition plat. th 4.The City approves the preliminary and final plat of Karston Cove 4 Addition, subject to the conditions set forth in the City Planner’s report dated September 8, 2016, including execution of a development agreement as set forth below. 5.The Developer shall be required to install sidewalk per approved plans, boulevard grading and restoration to a turf condition by June 30, 2017 as a condition of final plat approval, unless Developer submits a completed preliminary plat application for the site by June 30, 2017, in which case the June 30, 2017 installation date shall be automatically extended to June 30, 2018. 6.The applicant enters into a development agreement with the City that includes the aforementioned conditions of approval, addresses the issues identified in the RCA for this matter, and meets the approval of the City Attorney. The development agreement shall be recorded against the property with the final plat. 7.Upon execution of the development agreement and recording of the plat, the City shall release the monies it holds in escrow from the proceeds of the letter of credit for Karston rd Cove 3 Addition, except for an amount sufficient to cover 125% of the cost of the installation of sidewalk, boulevard grading and restoration and the anticipated expenses rd of the City Attorney, Planner and Engineer related to Karston Cove 3 Addition and th Karston Cove 4 Addition. The City Engineer shall determine the amount of escrow to P:\\City Council\\Council Packet Information\\2018\\050718\\Karston Cove 5th Addition RCA.docx Meeting Date: Mary 7, 2018 Agenda Page 22 Mayor and Council Request for Action – (May 7, 2018) th Karston Cove 5 Addition Rezoning and Preliminary Plat Page 3 of 4 be held for the installation of such items and the City Finance Director shall determine the remaining amount of escrow to be held to cover anticipated City expenses. th Centra Albertville LLC has now file development applications to subdivide the Karston Cove 4 Addition outlot into 8 single family lots. To accommodate this development they have requested the following applications. 1.Zoning Map Amendment. The property is currently zoned R-5 Medium Density Residential District. This district does not list single family homes as an allowed use. To allow the single family use and to provide some design flexibilities in the plat layout, the applicant has requested a zoning change to PUD Planned Unit Development district. 2.Preliminary Plat. To facilitate the subdivision of the land in to 8 lots the applicant has requested a preliminary plat. On April 10, 2018 the Albertville Planning Commission met and held a public hearing to consider the aforementioned applications of Centra Albertville LLC. Upon consideration of the application materials, the City Staff Reports and public testimony the Planning commission Recommend that both the Rezoning and preliminary plat be denied, finding that the uses was not consistent with the City’s comprehensive plan, incompatible with the surrounding land uses. . The findings are outlined in the Exhibit A resolution KEY ISSUES: The current R-5 zoning district does not allow for single family homes requiring a change in zoning to PUD district. The PUD district is required to allow for the single family homes and to allow for design flexibilities relate to lot area, lot width, lot configuration and setbacks to accommodate the plat design of 8 single family lots. The application will introduce single family uses into an area surrounded by townhomes. The dwelling unit type and density (3.94 units per acre) are not consistent with the Medium Density land use guided for the site. The proposed plat design attempts to work within the buildable area of the outlot preserving the existing wetlands and establishing wetland buffers. Applicant does not believe townhomes fit the Albertville market. The existing Karston Cove Townhome HOA will be impacted by the loss of potential membership if the outlot is developed as single family units. The HOA must amend its documents to allow the inclusion of additional real estate into the current HOA> The utility plan shows multiple street cuts to provide utility service lines into the single family lots. This will impact the street conditions. P:\\City Council\\Council Packet Information\\2018\\050718\\Karston Cove 5th Addition RCA.docx Meeting Date: Mary 7, 2018 Agenda Page 23 Mayor and Council Request for Action – (May 7, 2018) th Karston Cove 5 Addition Rezoning and Preliminary Plat Page 4 of 4 POLICY/PRACTICESCONSIDERATIONS: Any change in land use or zoning is a policy decision the City Council. The Albertville planning commission has offered a recommendation to deny the applications of Centra Albertville LLC th for rezoning and preliminary plat approval of outlot A of the Karston Cove 4 Addition with the findings outlined in Exhibit A. The City Council may accept this recommendation or take alternative action upon review and consideration of the submitted material, the staff reports, public testimony and council findings. FINANCIAL CONSIDERATIONS: If approved the Developer with need to proceed to final plat and shall be required to enter into a development agreement and post securities making them responsible for all development costs associated with this plat. LEGAL CONSIDERATIONS: The City Council has the authority to make land use and zoning decisions in accordance with state statute. Department/Responsible Person: Alan Brixius City Planner Submitted Through: Alan Brixius City Planner Adam Nafstad,City Administrator Attachments: Exhibit A: Resolutionto Deny the Applications Exhibit B: Resolution to Approve the Applications Exhibit C: Zoning Map Amendment April 5, 2018 Planning Memorandum P:\\City Council\\Council Packet Information\\2018\\050718\\Karston Cove 5th Addition RCA.docx Meeting Date: Mary 7, 2018 Agenda Page 24 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018-013 TH RESOLUTION DENYING AREZONING OF OUTLOT AKARSTON COVE 4FROM R-5 MEDIUM DESITY RESIDENTIALTO PLANNED UNIT DEVELOPMENT TH DISTRICT AND A PRELIMINARY PLAT ENTITLED KARSTON COVE 5 ADDITIONWITHIN THE CITY OF ALBERTVILLE WHEREAS, Centra AlbertvilleLLC has submitted application for a rezoning of Outlot A th Karston Cove 4 Addition from R-5 Medium Density Residential District to PUD Planned Unit th Development District,and a preliminary plat, entitled Karston Cove 5 Addition for the same Outlot Aand WHEREAS, City staff has reviewed the submitted applications and submission documents and has prepared a planning report dated April 5, 2018; and WHEREAS, the Planning Commission held a public hearing April 10, 2018 to consider the application, the planning report, and take public testimony; and WHEREAS, upon conducting the public hearing, the Planning Commission considered the application material, the April 5,2018 planning report and public testimony and upon closing the public hearing recommended that the requested rezoning and preliminary plat be denied based on the following findings: 1. The change in land use and zoning is not consistent with the Albertville future land use plan which guides this area for Medium Density Residential land uses. The applicant’s single family lot subdivision does not meet the density or housing types with the medium density land use definition. 2. In previous Visioning workshops the city identified a limited supply of Medium Density Residential land use areas. The loss of this site to a low density development would further limit opportunities for this housing type in the future. 3. The proposed development will introduce low density single family residential uses in an area of Medium density townhomes. The housing type and density is not consistent with surrounding land uses. 4. Alternative medium density housing options may be pursued within the buildable areas of the site that would fit the current zoning and be compatible with the adjoining land uses. 5. The existing Karston Cove Townhome HOA would be limited in expanding membership with the single family subdivision. EXHIBIT A Page 1 Agenda Page 25 City of Albertville Resolution No. 2018-013 Meeting of May 7, 2018 Page 2 WHEREAS, the City Council met on May 7, 2018 to consider the application of Centra Albertville LLC for rezoningandpreliminary plat materials, the Staff reports, the planning commission minutes and recommendations. Upon review of the aforementioned information the council agrees with the findings and recommendations of the planning commission. NOW,THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota hereby denies the Centra Albertville LLC development applications changing the zoning of th outlot A Karston Cove 4 Addition from R-5 to PUD and the Preliminary Plat entitled Karston th Cove 5 based on the planning commission findings outlined in this resolution. th Adopted by the City Council of the City of Albertville this 7 day of May 2018. Jillian Hendrickson, Mayor Kimberly A. Hodena, City Clerk 2 Agenda Page 26 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018-013 TH RESOLUTION APPROVING AREZONING OF OUTLOT AKARSTON COVE 4 FROM R-5 MEDIUM DESITY RESIDENTIALTO PLANNED UNIT DEVELOPMENT TH DISTRICT AND A PRELIMINARY PLAT ENTITLED KARSTON COVE 5 ADDITIONWITHIN THE CITY OF ALBERTVILLE WHEREAS, Centra AlbertvilleLLC has submitted application for a rezoning of Outlot A th Karston Cove 4 Addition from R-5 Medium Density Residential District to PUD Planned Unit th Development District,and a preliminary plat, entitled Karston Cove 5 Addition for the same Outlot Aand WHEREAS, City staff has reviewed the submitted applications and submission documents and has prepared a planning report dated April 5, 2018; and WHEREAS, the Planning Commission held a public hearing April 10, 2018 to consider the application, the planning report, and take public testimony; and WHEREAS, upon conducting the public hearing, the Planning Commission considered the application material, the April 5,2018 planning report and public testimony and upon closing the public hearing recommended that the requested rezoning and preliminary plat be denied based on the following findings: 1. The change in land use and zoning is not consistent with the Albertville future land use plan which guides this area for Medium Density Residential land uses. The applicant’s single family lot subdivision does not meet the density or housing types with the medium density land use definition. 2. In previous Visioning workshops the city identified a limited supply of Medium Density Residential land use areas. The loss of this site to a low density development would further limit opportunities for this housing type in the future. 3. The proposed development will introduce low density single family residential uses in an area of Medium density townhomes. The housing type and density is not consistent with surrounding land uses. 4. Alternative medium density housing options may be pursued within the buildable areas of the site that would fit the current zoning and be compatible with the adjoining land uses. 5. The existing Karston Cove Townhome HOA would be limited in expanding membership with the single family subdivision. EXHIBIT B Page 1 Agenda Page 27 City of Albertville Resolution No. 2018-013 Meeting of May 7, 2018 Page 2 WHEREAS, the City Council met on May 7, 2018 to consider the application of Centra Albertville LLC for rezoningandpreliminary plat materials, the Staff reports, the planning commission minutes and recommendations. Upon review of the aforementioned information they disagree with planning commission findings and recommendations making the following findings: 1. The proposed use is acceptable to the site in light of the physical limitations of the property including wetlands, drainage ways, and highwater table. 2. The use will not negatively impact the site or surrounding land use with regard to compatibility, traffic or utilities. 3. The proposed values of the homes will not negatively impact the values of the surrounding land uses. 4. The proposed development will not overburden public streets, utilities or services. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota hereby approves the Centra Albertville LLC development applications changing the zoning of th outlot A Karston Cove 4 Addition from R-5 to PUD and approves the Preliminary Plat entitled th Karston Cove 5 subject to the following conditions being met: 1.The wetlands and its buffer areas shall be platted as outlots and dedicated along with outlot A to the City. The developer shall install wetland buffer demarcation signs along the outlot boundaries to avoid trespass or alteration of the wetland buffers or wetlands. 2.The final plat shall show the new outlots and new lot configurations for Lot 2 and 3 Block 1. The city grants PUD flexibility for the lot widths and the narrow lot widths for lots 2 and 3 Block resulting from the dedication of the Outlot. 3.The City approves the requested Side and rear yard setbacks. The Front yard setbacks shall be as shown on the approved site plan. Applicant shall provide a lot by lot setback list to the City for reference and application at time of building permit. 4.The Developer shall construct the house design that has been provided and approved with this PUD within this Plat. 5.The Applicant shall comply with the recommendations of the City Engineer regarding grading, drainage, storm water management, utilities and Street restoration. 6.Developer shall locate the water service valves outside the driveways. 2 Agenda Page 28 City of Albertville Resolution No. 2018-013 Meeting of May 7, 2018 Page 3 7.Developer shall construct the sidewalk to city standard for the full length of the plat th along 64Street. 8.Developer shall provide a landscape plan that complies with the city requirements for tree plant on each lot, ground cover restoration, wetland buffer plantings and a graphic plan for the establishment of a landscape screen or fence along the east side of lot 8, Block 1 to screen the park parking lot. 9.The developer shall enter into a development /PUD agreement with the city that outlines the terms of this PUD approval and establishes a financial security for required plat improvements. th 10.The City reserves its right to require the Karston Cove 5 Addition plat to join the Karston Cove Townhome association if the Association documents to allow the addition of real estate are amended on or before the approval of the final plat. The requirement to join the HOA will at the discretion of the Council based on their review of the conditions and terms of membership. th Adopted by the City Council of the City of Albertville this 7 day of May 2018. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Hodena, City Clerk 3 Agenda Page 29 NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM: TO:Adam Nafstad FROM:Alan Brixius DATE:April 5, 2018 th RE:Karston Cove 5Addition Rezoning / Preliminary Plat FILE NO:163.06 18.03 BACKGROUND: In 2004, the City of Albertville approved Karston Cove CUP/PUD and plat that included thth 14 townhome lots north of 64Street and 29 lots south of 64Street. This development was covered within the Karston Cove final plat and a planned unit development agreement that outlined development requirements for this townhome th subdivision. The 14 townhomes north of 64Street have been developed and sold to th individual homeowners. The 29 lots south of 64Street, while final platted, remain undeveloped. In 2009, the City and developer amended the development agreement giving the developer until October 31, 2010 to complete all public improvements and all private on- site improvements to develop the property. The developer went bankrupt in 2010 and never installed the required improvements. The City drew on the developer’s letter of credit and is holding the money for the improvements. In 2011 Centra Homes purchased the 29 undeveloped lots and the rights to the letter of credit money from the bankrupt developer. In investigating the sites physical conditions i.e. wetlands, wetland buffers, and water table the applicant found that the original townhome development was not practical in its original design. They also stated that the townhome housing has become less popular within the current housing market. Agenda Page 30 th In 2016,the applicant has requested a final plat (Karston Cove 4Addition) that rdth vacatedof the Karston Cove 3 Addition final plat south 64Street to create an outlot for futuredevelopment. Centra Homes also submitted a concept plan to change the land use for the property from townhomes to single family lots. Upon the review of the request bythe planning commission; the Albertville City Council approved the Karston th Cove 4Addition with the following conditions: The City retains the option to require the future development on Outlot A Karston 1. th Cove 4Addition to join with the existing Karston Cove HOA on the north side of th 64Street through a revised PUD development agreement to be recorded against the Outlot A property with the future final plat. Notwithstanding this reservation of rights, the Cityacknowledges that it may not impose any obligation on the developer to add the future lots to the existing Karston Cove HOA unless the Declaration establishing the HOA has been modified, on or before the time of final plat approval, to allow for the addition of the Outlot A land to the Homeowner’s Association. 2.The City finds that the drainage and utility easements dedicated on the Karston rd Cove 3Addition plat (but excluding those easements dedicated on the first plat of Karston Cove) areno longer needed for public purposes and that it is in the interest of the public to vacate said drainage and utility easements. 3.The City vacates the drainage and utility easements shown on the Karston Cove rdth 3Addition plat, provided the 4Addition final plat is revised to preserve as drainage and utility easements all drainage and utility easements originally dedicated on the first plat of Karston Cove Said easements shall be subject to the review and approval of the City Engineer prior to recording the final plat. The vacation of said easements shall be effective upon the recording of the Karston th Cove 4Addition plat. th 4.The City approves the preliminary and final plat of Karston Cove 4Addition, subject to the conditions set forth in the City Planner’s report dated September 8, 2016, including execution of a development agreement as set forth below. 5.The Developer shall be required to install sidewalk per approved plans, boulevard grading and restoration to a turf condition by June 30, 2017 as a condition of final plat approval, unless Developer submits a completed preliminary plat application for the site by June 30, 2017, in which case the June 30, 2017 installation date shall be automatically extended to June 30, 2018. 6.The applicant enters into a development agreement with the City that includes the aforementioned conditions of approval, addresses the issues identified in the RCA for this matter, and meets the approval of the City Attorney. The development agreement shallbe recorded against the property with the final plat. 7.Upon execution of the development agreement and recording of the plat, the City shall release the monies it holds in escrow from the proceeds of the letter of 2 Agenda Page 31 rd credit for Karston Cove 3Addition, except for an amount sufficient to cover 125% of the cost of the installation of sidewalk, boulevard grading and restoration and the anticipated expenses of the City Attorney, Planner and Engineer related rdth to Karston Cove 3Addition and Karston Cove 4Addition. The City Engineer shall determine the amount of escrow to be held for the installation of such items and the City Finance Director shall determine the remaining amount of escrow to be held to cover anticipated City expenses. Centra Albertville LLC has now file development applications to subdivide the Karston th Cove 4Addition outlot into 8 single family lots. To accommodate this development theyhave requested the following applications. 1.Zoning Map Amendment. The property is currently zoned R-5 Medium Density Residential District. This district does not list single family homes as an allowed use. To allow the single family use and to provide some design flexibilities in the plat layout, the applicanthas requested a zoning change to PUD Planned Unit Development district. 2.Preliminary Plat. To facilitate the subdivision of the land in to 8 lots the applicant has requested a preliminary plat. Exhibits; Exhibit APreliminary Plat Exhibit BExisting Conditions Exhibit CGrading and Drainage plan Exhibit D Site Plan Exhibit E House Styles Exhibit FCity Attorney’s Comments ANALYSIS Planned Unit Development Zoning Amendment: The proposed development does not fit the current R-5 zoning district which does not allow single family homes as a use. The applicant has requested a change in the site zoning to PUD District. This district will allow single family homes and will a permit certain design flexibilities to accommodatethe preliminary plat design. The design flexibilities will include lot widths and setback standards. In consideration of any change of zoning the following criteria as set out in Section 300 of the Albertville Zoning Code that are to be considered by the Planning Commission and City Council. 3 Agenda Page 32 1. The proposed actionhasbeen considered in relation to the specific policies and provisions of and has be found to be consistent with the official City comprehensive Plan Comment: The Albertville Vision Study guides this area of the city for medium density residential land use, which is defined as 5 to 10 units per acre. The applicant’s plat produces a density of3.94 units per acre. This is slightly below the medium density land use description, however, the plat design is in response to the physical conditions specific to the site including: wetlands, drainage patterns and high water tables which complicate building design, site access, and lot patterns. The plat design is consistent with Comprehensive plan policies that promote housing diversity and the need to integrate subdivision design with the natural features of the property and the need to control and manage stormwater drainage. 2 The proposeduse is or will be compatible with present and future land uses of the area. Comment: The introduction of single family homes into this site brings a different housing styleinto this area of the city. This lowerdensity will not create conflicts with the surrounding townhome neighborhoods. 3. The proposed use conforms with all the performance standards of the Albertville zoning district. Comment: The plat design is unique to the site and the applicant is requesting PUD zoning to allow some design flexibilities to fit the plat within the physical features of the site. The requested flexibilities include lotarea,width, configuration and setbacks within the plat.The plat design will be addressed in greater detail in the preliminary plat review. 4. Theproposed use will not tend to or actually depreciate theareain which it is proposed. Comment: The applicant has submitted house plans to the home to be constructed with in the proposed plat. These plans provide a 2380 sq. ft., four bedroom home with a threecar garage, and variable front facades. The value of these homes will exceed the values of the adjoin townhome units. This property was originally intended to be part of the Karston Cove Townhome th Association along with the 14 existing townhomes to the north of 64Street. Concern exists regarding the financial viability of the 14member HOA. As part of the 2016 th approval of the Karston Cove 4Addition the city retained the option tohave the future development of this outlot join the existing HOA. This issue is discussedlater in this report. 4 Agenda Page 33 5. The proposed use can be accommodated with existing public services and will not overburden the city’s service capacity. Comment: The proposed use reduces the density from the original development. The current proposal will not overburden city services or utilities. 6. Trafficgeneration from the proposed development is within the capabilities of the streets serving the property Comment: The traffic generation from 8 lots will not overburden the adjoining streets. Preliminary Plat: th Outlot A Karston Cove 4Addition is 3.92 grossacres in area. The site contains a number of wetlands and a Drainage way that serves the site and properties to the north. High water tables present issues for the site constructionwith regard to basements, crawl spacesand first floor openings. The applicant is proposing an eight lot single family subdivision with house placements that take advantage of the buildable land within the outlot. They have request the PUD zoning to allow the single family use and allow some design flexibilities relateto lot width, lot configuration and setbacks to fit the development into the property. Outlots: The plat proposesoutlot A over wetland and drainage area in the southern portion ofthe plat. This 70,879 sq. ft. outlot includes the required wetland buffer yards and will be dedicated to the city. Platted as an outlot and dedicated to the city helps to keep adjoining property ownersfrom mowing or altering the wetland and its buffer area. The applicantwill be required to establish wetland demarcation posts at the rear yard of each lot todefine the edge of the outlot to prevent trespass or alteration of the wetland buffer. A wetland is located within Lots 2 and 3 Block 1, this wetland is covered by an easement. In staff review, we are recommending that this wetland and its buffer be platted as an outlot and dedicated to the city. This dedication will not reduce the buildable area of the lots, but will provide added protections to the wetland and its buffer. In creating the outlot, the applicant can vary the buffer width to be sure that these lots have sufficient width to provide a driveway with proper setback from the adjoining lot. The dedication of this outlot will significantly changes the configuration and width of Lots 2 and 3, the new configurationmay be allowed as a PUD flexibility. Lots: The applicant is requesting a PUD zoning district to accommodate the proposed subdivision. The proposed lots do not fit Albertville’s standard single family residential district with regard to lot area, widthand setback. Requiring the wetland in lots 2 and 3 to be platted as an outlot results in the following lot dimensions. 5 Agenda Page 34 Lots Area Width (Sq. ft.) (Feet) 1 10,51765 2 12,77312 3 12,01015 4 11,22250 5 10,781 65 6 10,227 65 7 10,238 65 8 11,128 65 PUD flexibility is required for the reduced lot area, widths and lot configurations of lots 2, 3 and 4. The lot and plat design is responsive to the natural features of the site and the staff recommendation to plat the wetland in lot 2 and 3 as an outlot. Although PUD flexibilityis needed each of the resulting lots still provide building site for a substantial single family home with a three car garage. Staff can support this plat design. Setbacks: The Plat illustrates the following minimum setbacks. Front yard: 30 feet Side yard house:10 feet Side yard garage:5 feet Rear yard: 25 feet The attached site plan (exhibit D) shows that each home will meet these setbacks. However, the site plan illustrates the home sites being staggered with variable front yard setbacks. This house placement provides an attractive street appearance, good access and driveway design, with adequate separation from the proposed wetland buffers. Staff recommends that the in exchange for the PUD flexibility for lot widths and area the applicant adhere to the proposed front yard setbacks as illustrated in the approved site plan. This would impose front yard setbacks for the plat ranging from 45 to 115 feet. With the increased front yard setbacks the proposed side yard (10/5 feet) and the rear yard (25 feet) are acceptable. Applicant shall provide a lot by lot listof setbacks to the city for reference and application to the building permits as they are processed. Housing Styles: The applicant has provided a building model that will fit the proposed lots. This is a slab on grade, four bedroom home with 2380 sq. ft. of living space and 3 car garage. The house offers three different facades to provide a variable appearance between homes. As part of the PUD approval the city will require that this home model be constructed within this plat. Any change in house model will require city approval. 6 Agenda Page 35 Easements: The Plat illustrates that proper drainage and utility easements along the property lines and over the established wetlands, wetland buffers and drainage ways. th Utilities: The site plan illustratesthe location of utility service into each lot from 64 Street. The City Engineer shall comment on the utility plan and street restoration. All water service valves shall be located outside of driveways to avoid future potential damage. Grading and Drainage : The subdivision’s grading, drainage and building pad elevations shall be subject to the review and recommendations of the City Engineer. Landscaping: The following landscape requirements shall apply to new subdivisions; 1.All lots shall have yard areas sodded or seeded to establish ground cover within 30 days of building occupancy. Front yards must be sodded. Rear and side yard may be seeded. 2.The Developer is required to plant one shade tree or evergreen treeper lot that meet the City’s standard for species and size. 3.The plat shall provide a fence or landscape screening along the east lot line of 8 Block 1 to screen the parking lot within the park. This screening rd requirement was part of the original Karston Cove 3Addition PUD and will be applied to this new PUD. Sidewalks: The site plan shows a sidewalk along the full length of Block 1, along the th south side of 64Street. The Applicant shall be responsible for the construction of this sidewalk. Development Agreement : Upon approval of a Final plat the developer shall enter into a development contract and post a financial security for the development of the plat and required improvements. th Home Owners Association: As a condition of the 2016 KarstonCove 4Addition final plat approval the City reserved the right torequire the future development of this site to join the Karston Cove Townhome Association. This provision was contingent on the existing HOA amending itsassociation documents to allow the addition of real estate after its expiration date of 2013. No Change to the association documents has occurred to date. The City Attorney has stated that the City may not impose any obligations on the developer to addfuture lots to the existing HOA unless the declaration establishing the HOA has been modified to allow the addition of real estate on or before the final plat is approved by the city.(See Exhibit F the City Attorney memo). 7 Agenda Page 36 CONCLUSION: Centra Albertville LLC. Has requested consideration of the two development applications; rezoning of the site from R-5 to PUD to allow for the single family subdivision and the preliminary plat. Rezoning: Any land use or zoning change is a policy decision of the planning commission and city council. The proposed development site has development constraints (wetlands, high water table and drainage) that complicate site development and made the original townhome PUD impracticalto construct. The current request moves away from the townhome dwellings and attempts to fit the single family lots with the buildable portions of the site. The planning commission and council must make the determination that the change in use is appropriate for the site. The reduced density will not overburden the city services, utilities, or streets. The proposed housing units will be of a value and design that will not depreciate surrounding properties or create a negative impact on the neighborhood. If the planning commission finds that the proposed single family subdivision is appropriate for the site, a recommendation to approve of the rezoning should be forwarded to the City Council. Preliminary Plat /PUD: If the rezoning is approved staff would recommend that the preliminary plat / PUD be approved with the following conditions. 1.The wetland and its buffer area be platted as an outlot and dedicatedalong with outlot Ato the City. The developershall install wetland buffer demarcation signs along the outlot boundaries to avoid trespass or alteration of the wetland buffers or wetlands. 2.The final plat shall show the new outlots and new lot configurations for Lot 2 and 3 Block 1. The city grants PUD flexibility for the lot widths and the narrow lot widths for lots 2 and 3 Block resulting from the dedication of the Outlot. 3.The City approves the requested Side and rear yard setbacks. The Front yard setbacks shall be as shown on the approved site plan. Applicant shall provide a lot by lot setbacklist to the City for reference and application at time of building permit. 4.The Developer shall construct the house designthat has beenprovided and approved with this PUD within this Plat. 5.The Applicant shall comply with the recommendations of the CityEngineer regarding grading, drainage, storm water management, utilities and Street restoration. 8 Agenda Page 37 6.Developer shall locate the water service valves outside the driveways. 7.Developer shall construct the sidewalk to city standard for the full length of th the plat along 64Street. 8.Developer shall provide a landscape plan that complies with the city requirements for tree plant on each lot, ground cover restoration, wetland buffer plantings and a graphic plan for the establishment of a landscape screen or fence along the east side of lot 8, Block 1 to screen the park parking lot. 9.The developer shall enter into a development /PUD agreement with the city that outlines the terms of this PUD approval and establishes a financial security for required plat improvements. th 10.The City reserves its right to require the Karston Cove 5Addition plat to join the Karston Cove Townhome association if the Association documents to allow the addition of real estate are amended on or before the approval of the final plat. The requirement to join the HOA will at the discretion of the Council based on their review of the conditions and terms of membership. Cc. Maeghan Becker Mike Couri David Pattber Randy Christenson 9 Agenda Page 38 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2017-09 AN ORDINANCE AMENDMENT TO THE ALBERTVILLE CITY ZONING MAP RELATED TO REZONING OF PARCELS WITHIN THE CITY OF ALBERTVILLE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLEORDAINS: Section 1. The Albertville Zoning Map is hereby amended to rezone the following legally described property from R-5 Medium Density ResidentialDistrict to PUD Planned Unit Development District: Legal Description: th Outlot A Karston Cove 4 Addition. THIS MAP AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSANGE AND PUBLICATIONS. Approved by the Albertville City Council May 7, 2018. Jillian HendricksonMayor ATTEST: Kimberly A.Hodena,City Clerk EXHIBIT C Agenda Page 39 Fire DepartmentUpdate th May 7, 2018 GENERAL ADMINISTRATION: Calls for Service: 2018 (Through April 30): 109 o Albertville:56 51.38% Otsego: 47 43.12% St. Michael: 2 1.83% Other: 4 7.14% Hiring Update 4 Applicants o Initial Interviews May 2 o Physical Ability Test May 5 o Final Interviews to be scheduled o GENERAL BUSINESS: Otsego Fire Study Update New Capital Purchase Options: Still reviewing options o In the process of getting specs and pricing on multiple apparatus o Engine 12 Sale Albertville Lion’s Donation $10,000 donation received o Earmarked toward extrication gloves / safety vests / turn-out gear Fire Department Memorial Dedication Ceremony th Tentatively set for Sunday, September 9 o 2018 GRANT UPDATE: 2017 FEMA AFG Grant Program 20 portable radios for the seated positions in all trucks o $60,000 grant request o 5% local match 2018 Wright County Area United Way (WCAUW) Requesting 2 portable radios for drivers’ seats in Engine 11 and Ladder 11 o No set local match Grant awards by the end of May o MN OSHA Safety Grant Program Looking into requesting a 50:50 matching grant o Would partially fund a diesel exhaust removal system for Fire Hall o Total project cost of approximately $25,846 o Fire Department funding would come from Capital Reserves for Fire Hall Agenda Page 40 Mayor and Council Request for Action _____________________________________________________________________________ May 3, 2018 SUBJECT: FD-P7STG IRE EPARTMENTURCHASE OFETS OF URNOUT EAR RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Authorize the purchase of7 sets of turnout gear for the Fire Department. BACKGROUND: The Fire Department’s turnout gear is part of a planned rotation of equipment and budgeted in the Fire Department’s capital plan. A large number of sets of gear are approaching the end of their life cycle and are ready for planned replacement. The Albertville Lions requested to meet with the Fire Department this spring to discuss the possibility of donating money for the purchase of Fire Department equipment. The Fire Department membership and Board of Officers both independently met to discuss the equipment needs of the Department. The greatest needs for personal equipment, identified by both the Department and Board of Officers,wereextrication gloves, safety vests, and turnout gear. As a result of the meeting, the Albertville Lions graciously donated $10,000 towards the purchase of theseitems. The extrication gloves and safety vests have already been purchased. The cost of 7 sets of turnout gear is $18,165. The remaining balance of the Albertville Lions donation is $7,214. The remaining total for the 7 sets of turnout gear ($10,951) will be paid as a planned purchase and will come fromthe FireDepartment’s capital budget. Staff is recommending approval of the purchase of a 7 sets of turnout gearfor the Fire Department. KEY ISSUES: TheFireDepartment Board of Officershasreviewed the purchase and isrecommending Council action. $7, 214 of the purchase will be covered by a generous donation from the Albertville Lions. The remaining $10,951 will come from the Fire Department’s capital budget. The equipment purchase is high on the needs of the Fire Department and will replace old, deteriorating gear. The turnout gear is individually sized to and should have a working life of 10-years. The purchase of turnout gear is a planned replacement and part of the capital plan of the Fire Department. P:\\City Council\\Council Packet Information\\2018\\050718\\2018-05-07 Fire Turnout Gear RCA.doc Meeting Date:May 7, 2018 Agenda Page 41 Mayor and Council Request for Action – May 7, 2018 Purchase of Turnout Gear Page 2 of 2 POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all capital purchases and investments. FINANCIAL CONSIDERATIONS: The cost associated with the turnout gear will be funded through a donation from the Albertville Lions, with the remaining balance coming as a planned purchase and part of the Fire Department’s capital budget. LEGAL CONSIDERATIONS: The City has the authority to purchase equipment under the State of Minnesota contract or by quotes. Responsible Person/Title: EricBullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD P:\\City Council\\Council Packet Information\\2018\\050718\\2018-05-07 Fire Turnout Gear RCA.doc Meeting Date:May 7, 2018 Agenda Page 42 Couri & Ruppe, P.L.L.P. Memo To:Adam Nafstad, City Administrator; Albertville City Council From:Mike Couri Date: May 1, 2018 Re:Attorney Report Below is an update of the projects our office has been working on for the City. I-94 Ramp Easement. The State is asking the City to obtain I-94 ramp easement from Albertville Marketplace using a revised legal description as the State wants clearer language in the deed from the City to the State for the ramp easement. The easement area remains unchanged—the State simply wants its specific language used in the easement document. Adam is trying to reach the owner to get the new deed signed. Charter Cable. Tina and I have finished a draft of a new franchise agreement. I will be forwarding it to Charter Cable for their review. Maeyaert Nuisance Complaint. We have served a summons and complaint on st Charles Maeyaert of 10479 61 street for failure to clean up junk, abandoned cars and other materials strewn about the property, running a business from his house, interfering with the pond easement on his lot, and other ordinance violations. Mr. Maeyaert has ignored Staff’s requests to clean up the property for several years, and now has failed to answer the complaint in court. We are preparing a default motion and will be asking the court to authorize us to enter onto the property and dispose of the cars, appliances and other materials that are stored outside. WWTP Discharge Easements. I am drafting an easement agreement for the sewer discharge line on the Riverwood property in Otsego. Page 1 of 1 Agenda Page 43