2005-06-06 CC Minutes
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ALBERTVILLE CITY COUNCIL
June 6, 2005
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members John Vetsch, Ron Klecker, LeRoy Berning
and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark Kasma, City
Administrator Larry Kruse, and City Clerk Bridget Miller
Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
ADOPT AGENDA
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
agenda as amended. Motion carried unanimously.
Amend the Consent Agenda
Pulled item to be discussed at the June 20,2005 Council meeting
7.c.t. Engineering - Edina Development Albert Villas Wetland Mitigation
Deric Deuschle (S.E.H.)
Move item
7.f.3. STMA Soccer Funding to 7. Department Business
Add item
7.c.lO. Albert Villas Wetland Mitigation Update from Deric Deuschle (S.E.H.)
MINUTES
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
May 16, 2005 regular City Council and May 17, 2005 City Council Workshop minutes as
presented. Motion carried unanimously.
CITIZEN FORUM
Mayor Peterson asked if there was anyone present to address the Council regarding items not on the
agenda.
There was no one present.
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CONSENT AGENDA
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
consent agenda pulling item e. Motion carried unanimously.
a. Approve payment of claims check numbers 021455 - 021506
b. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Kollville
Estates 3rd from $140,000 to no less than $46,720
c. Accept a donation of Gambling Funds from the Albertville Lions in the amount of $4,000
and make a donation to the Albertville Friendly City Days Committee in the amount of
$4,000
d. Approve transfer of Liquor License from Gary Vetsch to Twin Star Food & Beverage Co.,
Inc. effective June, 2005 (Smackdown's)
1. On-Sale Liquor License
2. Off-Sale Liquor License
3. Special Sunday Liquor License
4. 2 AM Closing License
e. Tobacco Free Park Policy Resolution No. 2005-20
f. Parks and Recreation Committee Rules and Guidelines Resolution No. 2005-19
ACTION ON PULLED CONSENT ITEMS
Mayor Peterson wanted to pull item e. Tobacco Free Park Policy until the Parks and Recreation
Committee has had a chance to review the surveys being distributed to the residents.
DEPARTMENT BUSINESS
STMA SOCCER FUNDING REQUEST
STMA Girls and Boys High School Soccer Program requested funding to updating the old high
school football field at Community Ed. to be used as the new home of STMA Soccer. As of May
2nd the school board passed our request for bleachers, a clock, a P A system and half the cost to
power the field with lights. Unfortunately the cost to light the Community Education Field is
$60,000. We have already received over $17,000 in donations from various organizations including
STMA Soccer Club, Boys and Girls Varsity Booster Club, and Hanover Athletic Association. Most
recently the City of St. Michael pledged $7,000 to this project and we were hopeful for a similar
contribution from the City of Albertville.
MOTION BY Mayor Peterson, seconded by Council member Klecker to approve $3,000 pledge to
the STMA Soccer Program for the purpose to update the old football complex amending the
donation budget to reflect the donation. Motion carried unanimously.
W ASTEW ATER TREATMENT PLANT DEPARTMENT
City Administrator Kruse reported the mail lift station has one of three pumps in for maintenance
and staff continues to work on some recent lift station problems.
MOTION BY Council member Berning, seconded by Council member Fay to approve the
Wastewater Treatment Plant Department monthly report. Motion carried unanimously.
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PLANNING
Anderson Detached Garage - Conditional Use Permit
City Planner Brixius reported the subject property is zoned "R-l", Residential Single-Family. A
conditional use permit is required for more than one (1) detached or attached private garage for each
single-family dwelling. The applicant is seeking to add a detached garage to his property. The
detached garage will be used as storage space and will be located directly behind the existing house
measuring six hundred (600) square feet in area. The applicant's existing two hundred (200)
square foot attached garage will remain and be converted into bedroom living space.
City Planner Brixius stated the applicant has indicated that the side yard setbacks will be thirty-five
(35) feet to the west property line and thirty-five (35) feet to the east property line.
City Planner Brixius concluded that according to the Zoning Ordinance for accessory buildings, the
rear setback shall not be less than ten (10) feet. The submitted application has not indicated
dimension of the rear setback. With the exception ofthe rear setback, the proposal appears to meet
the City's requirements for garage construction.
Action Requested. Following a public hearing, the Planning Commission may consider one of the
following actions:
1. Approval of the CUP, based on a finding that the proposed garage is consistent with the
requirements of the zoning ordinance, subject to compliance with the setback standards.
2. Denial of the CUP, based on a finding that the proposed location is inconsistent with the zoning
requirements for setback.
RECOMMENDATION
Planning staff recommends approval of the CUP. The garage appears to be consistent with the
City's regulations relating to such structures. This recommendation would include the following
conditions:
1. Location of the garage meets the zoning standards for setbacks and does not interfere with septic
drain field.
2. Garage construction is consistent with the architecture and materials of the existing home.
3. Garage will not be used for business or home occupation.
City Planner Brixius presented the Findings of Fact looking for the City Council's recommendation
and approval of the Anderson Conditional Use Permit for the addition of a detached garage.
Findings of Fact: Based on the review of the application and documentation received, the City
Council presents the following findings of fact:
A. The property is located at 11808 50th Street NE and is zoned "R-l", Residential Single-family.
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B. The planning report dated May 5,2005 from Northwest Associated Consultants, along with the
engineering report dated April 8, 2005 from SEH were reviewed and presented to the Planning
Commission.
C. The Planning Commission reviewed the application of a public hearing and recommended that
the City Council approve the application with the condition outlined in the Planner's
May 5,2005 report.
D. The property is zoned "R-1 ", Residential Single-family, which requires a CUP for more than
one (1) attached or detached garage per single-family lot.
E. The proposed use can be accommodated with existing public services and will not overburden
the City's service capacity.
F. Traffic generated by the proposed use is within capabilities of streets serving the property as
proposed.
G. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to
proposed plans.
H. The proposed actions have been considered in relation to the specific policies and provisions of
and have been found to be consistent with the Comprehensive Plan.
I. The proposed development will be compatible with present and future land uses of the area.
J. The proposed use conforms to all applicable Zoning Ordinance performance standards.
K. The proposed use will not tend to or actually depreciate the area in which it is proposed.
Decision: The City Council moves to approve the CUP based on the above information and
detailed plans submitted by the applicant to date subject to the following conditions:
1. Garage meets setbacks required by the R-1 district.
2. The garage will not be used for business or home occupation.
3. The driveway grading shall be subject to the City Engineer's review and comments.
4. Additional comments from City staff, Planning Commission, and City Council.
City Planner Brixius informed the Council the applicant was present to answer any questions they
may have.
Mr. Anderson stated it is a narrow Y4 of an acre right off of 50th Street NE; a full acre abutting the Y4
acre.
Council asked if it is a shared driveway with the owners to the east.
Mr. Anderson confirmed it is a shared driveway with the owners. Mr. Anderson has been inquiring
with the landowners to the southwest. It is a couple that resides in Iowa. They want to give it to
their children as a future vacation spot up north.
MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the
Anderson Detached Garage - Conditional Use Permit as presented. Motion carried.
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Albertville Crossings 3rd LaBeaux Station - Commercial Conditional Use PermitIPlanned Unit
Development - Site and Building Plan Review - Preliminary Plat
City Planner Brixius informed the City Council that Cascade II Land Company, LLC has submitted
an application for Preliminary Plat and Conditional Use Permit / Planned Unit Development for the
development of Outlot A, Park View Place. The site is located north of 57th Street NE and
immediately east of Albertville Crossings 3rd Addition. The area is currently zoned B-2.
The property area consists of 8.17 acres. The proposal involves developing the area to include a
pharmacy with drive-thru, office space, and five restaurants, which include traditional sit-down
restaurants and fast-food restaurants. A CUP/PUD is necessary to accommodate having multiple
commercial buildings on a lot and shared access and parking facilities.
Access to the development will occur off of 5ih Street NE via an extension of Lachman Avenue
NE in the center of the building, as well as the northern curb cut for Lot 1, Block 1. Lachman
Avenue NE is considered a commercial street and was required to align with Coborn's to the south,
which it does. A service drive on the western portion of Block 1 is also identified and a shared
access easement will be required for that area. A new curb cut is proposed for access to Lot 2,
Block 2.
City Planner Brixius stated the applicant has submitted a plan that identifies truck traffic and vehicle
traffic circulation throughout the site. As a condition of approval, the signage must direct truck
traffic deliveries off of Lachman Avenue. One-way truck maneuverability works around the north
side of Lot 1, however, the truck turning radius for Lots 2,3, and 4 are inadequate. Below are
review comments for each lot and block within the development.
Lot 2, Block 1. Access to this lot will be accommodated via the extension of Lachman Avenue NE.
Staff would recommend that three northernmost parking stalls located immediately north of the
building be limited so as to not conflict with the drive aisle further north. Instead of parking stalls,
the applicant should provide a raised landscaped island within that area.
Lot 1, Block 2. Access to this lot will be accommodated via Lachman Avenue NE. The
drive-isles are between 20 and 22 feet and therefore; do not meet the minimum requirements
of the Ordinance. All stripped areas identified within this site should be raised and curbed.
The overall area must be redesigned to accommodate truck traffic within the site for
deliveries and trash removal.
Lot 2, Block 2. Access to this lot will be accommodated via a curb cut off of 57th Street NE. A
trash enclosure and loading zone is proposed east of the curb cut, however, this location will not
accommodate a sufficient turning radius for larger trucks, as shown on the plan. To accommodate
larger deliveries, the loading and trash enclosure should be located on the northern portion ofthe
site. Like the other lots, the drive aisle does not conform to the minimum requirements of the
Zoning Ordinance. The drive aisle within this area is 22 feet.
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City Planner Brixius reported after review ofthe applicant's submittal, staff would recommend
approval of the CUPIPUD subject to the conditions outlined herein. The plan offers a mix of retail,
office, and restaurant opportunities and will be designed to reflect other uses within the City.
City Planner Brixius noted the overall parking that the applicant is proposing exceeds the minimum
requirements for parking, however, the design of the parking area will be problematic dueto limited
drive isles and parking off of proposed access roads within Block 1.
There are 80 parking stalls identified within Lot 1, Block 1 and 93 parking stalls located within Lot
2, Block 1. Traffic maneuverability issues exist within this area as several parking stalls are
planned adjacent to the service drive in the center of the block. Vehicles backing out from parking
stalls will interrupt traffic from that drive isle.
City Planner Brixius stated the Findings of Fact is based on review of the application and evidence
received; the City Council now makes the following finding of fact and decision:
A. The property is located north of 57th Street NE and immediately east of Albertville Crossings
3rd Addition.
B. The planning report dated May 5, 2005 from Northwest Associated Consultants as well
as the engineering report dated May 4, 2005 from Bolton & Menk, Inc. were reviewed
and presented to the Planning Commission.
C. The Planning Commission held a public hearing and reviewed the application. Upon
completion of their review, the Planning Commission has recommended to the City
Council approval of the application subject to the conditions outlined in these findings.
D. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
E. Traffic generated by the proposed use is within capabilities of streets serving the
property as proposed.
F. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to
proposed plans.
G. The proposed actions have been considered in relation to the specific policies and
provisions of and have been found to be consistent with the Comprehensive Plan.
H. The proposed development will be compatible with present and future land uses of the
area.
1. The proposed use conforms to all applicable Zoning Ordinance performance standards.
J. The proposed use will not tend to or actually depreciate the area in which it is proposed.
Decision: Based on the foregoing information and applicable ordinances, the City Council
APPROVES the Preliminary Plat and PUD/CUP based on the most current plans and information
received to date subject to the following conditions:
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Preliminary Plat
1. The north end of Lachman Avenue NE be flared to the east to accommodate the alignment
of this street with Lachman Avenue NE at 60th Street NE. The City Engineer will identify
the specific street right-of-way alignment.
2. Lot 1, Block 2 be enlarged to increase the amount of on-site parking for the restaurant.
3. Ten foot drainage and utility easements shall be required along the perimeter of the plat.
4. Developer and City will enter into a development agreement that allows parking over the
City's sanitary sewer easement with the understanding that the City may disrupt the parking
area to maintain or repair this utility. All parking lot repair or replacement shall be the
property owner's responsibility and expense.
5. The applicant shall establish recordable easements separate from the preliminary plat for
shared access and parking across the lots. Said easements shall be subject to review and
approval of the City Attorney.
6. The plat shall pay the required parkland dedication of$7,500 per acre with the final plat.
The City Council shall decide if some land dedication will be required in addition to a cash
contribution.
7. The applicant shall extend a sidewalk along the north side of 5ih Street NE and the west
side of Lachman Avenue NE. All sidewalks shall also link into the parking lots and
pedestrian ways within the site.
Planned Unit Development
1. Establish cross access and parking easements across the plat.
2. Parking/circulation.
a. All parking areas shall have stalls 20 feet in length, nine feet in width, and a drive aisle
width of 22 feet. Additional driveway width may be required for truck routes.
b. The site design shall be modified to accommodate semi-truck service through Lots 2,
3, and 4 without interfering with parking stalls, curb islands, and buildings.
c. Parking for Lot 1, Block 1 will be calculated using the shopping center parking ratio of
5.5 stalls per 1,000, requiring 72 parking stalls. Lot 2, Block 1 shall be required to
provide 74 parking stalls. The excess parking supply shall be eliminated to increase
green space, additional landscape islands, and improve truck circulation patterns.
d. Additional disability parking stalls in Lot 2, Block 1.
e. All striped areas in the parking lots shall be parking islands with raised curb.
4. Drive- Thru Lane
a. All drive-thru lanes shall provide 120 feet of automobile stacking. Stacking lanes shall
be separate from other traffic lanes. This may eliminate one ofthe drive lanes on Lot
1, Block 1.
b. The drive-thru lanes shall illustrate location of menu boards.
c. Landscaping screening shall be required along the west lot line of Lot 2, Block 1 to
screen the back of the building and the drive-thru lane.
5. Trash Enclosure
a. The loading and trash enclosure identified within Lot 2, Block 2 shall be relocated to
the north of the building.
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6. Grading and Utility
a. The grading, drainage, and utility plan shall be subject to the conditions outlined
within the City Engineer's report dated May 4,2005.
b. All issues related to on site wetlands, including delineation and mitigation will be
subject to approval by the Wright County Soil and Water Conservation District.
7. Landscaping
a. The landscaping plan shall be revised to include additional trees and shrubs throughout
the site area.
b. Fruit bearing trees will be prohibited within all landscaped islands. The applicant shall
submit landscaped island details that show all trees and the light pole fixtures.
c. Financial securities to guarantee the installation and survivability of the improvements
shall be provided as required by Ordinance.
7. Additional Conditions
a. Outdoor storage within the site area shall be prohibited.
b. Individual sign permits shall be required for all proposed signage within the site area
consistent with the approved comprehensive sign plan.
1. Wall signage shall not exceed 64 square feet or 15% whichever is less per tenant
bay.
2. Approval of the pylon sign 29 feet high and 212 square feet in area.
3. Monument signage shall not exceed 12 feet high or 73 square feet in area.
4. Window signage shall not exceed 10% ofthe tenant bay windows.
5. The applicant shall provide to the City all proposed traffic control and directional
sign plans for review and approval.
c. A development agreement shall be required and prepared by the City Attorney.
d. Pedestrian access into the site from public sidewalks.
After the City Council meeting, Council member Berning asked Mr. Brixius to check if it may be
appropriate for the City to request a parkland dedication from the LaBeaux Station plat.
The northeast comer of the LaBeaux Station plat contains a limited amount of non-wetland property
that abuts the City's park and fire station. This appears to be a logical extension of the existing park
and is not intended to be developed through the LaBeaux Station development. The size of the
upland area is roughly 9,300:!: square feet. Field inspection reveals that this land has a rolling
topography that slopes to wetlands to the south and west. The size and physical condition of the
property will limit its use.
The City Council should provide the staff direction as to whether this land dedication is wanted. If
the land is taken, we must establish a land value that would be credited against the applicant's park
cash contribution.
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City Planner Brixius stated the Dan Green is present to address any questions or concerns the
Council has regarding this site.
Council asked Mr. Green about the sidewalk placement.
Mr. Green informed the Council a 5-foot sidewalk will be placed along Lachman Avenue NE and
57th Street NE.
Mr. Green then reported the signage within the parking lot will be re-configured to allow for the
trucks circulation.
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
Albertville Crossings 3rd LaBeaux Station - Commercial Conditional Use PermitIPlanned Unit
Development - Site and Building Plan Review - Preliminary Plat as amended. Motion carried
unanimously.
Westwind Third Addition-Bri~gs Properties - Planned Unit Development (PUD)-Concept Plan
City Planner Brixius reported in January ofthis year, Briggs Properties approached the City to
inquire if the remaining vacant 4.25-acre parcel of the Westwind PUD was available for the
development of a high-density apartment project. In response to their inquiry, we sent them
documentation of the site's history. This history reveals that in 1996, the City approved a
Comprehensive Plan amendment changing the land use for the site from high density residential to
medium density residential.
City staff informed the applicant this change in the Land Use Plan was precipitated by a
development request by Kornovich Development Company Inc. that proposed 40 town home units
for the site. The City Council agreed with the reduction in density and approved the
Comprehensive Plan change.
Currently, the site remains zoned PUD and in consideration of a development request, the City
would be guided by the medium density residential land use of the Comprehensive Plan, the R-5,
Medium Density Residential District density standards, and the general town home performance
standards of the Albertville Zoning Ordinance.
Staff indicated that the City would not be interested in additional high density residential
development unless the product was different than the existing high density residential rental
product current in the City. Staff suggested that there is a need for market rate luxury apartments
that offer building security and amenities not offered by the existing Albertville housing market.
The land use change required to accommodate apartment development on the remaining Westwind
PUD site is a policy decision for the Planning Commission and City Council. Briggs Properties has
applied for PUD concept plan review to solicit Planning Commission and Council opinion as to
what type of land use, site design, building design and level of amenities may be appropriate for the
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site. Through the concept plan review, the developer may receive City input before investing
significantly in construction drawings.
In consideration of a concept plan, the City is not giving a development approval; rather it is only
providing input related to land use and site design that may make a project more appealing.
In 1996, the City determined that the appropriate land use for the proposed site was medium density
residential. In recent years, the City has not been satisfied with type and quality of the multiple
family development that has taken place. The change in land use will be contingent on the
applicant's ability to satisfy the City's expectations for quality market rate luxury apartments.
Council recommended guidelines to prevent this development from losing the luxuries as it passed
from one property owner to the next. Council does not want the responsibility to police the area in
the future.
Mayor Peterson and Council members Vetsch and Berning all concur it needs to meet the city's
expectations.
Council informed staff to continue working with the applicant.
Hunter's Pass Estates - Final Plat - Developer's Agreement (Legal)
Minnesota Development Agency LLC has filed application for final plat for a subdivision entitled
Hunter's Pass Estates. The City approved Hunter's Pass Estates preliminary plat and planned unit
development in October 2004. The preliminary plat encompassed 76.6 acres in the northeast comer
of Albertville. The preliminary plat was approved with 95 lots in a coved subdivision design. A
planned unit development was approved for flexibility in lot size, front yard setbacks, side yard
setbacks, and street design.
The final plat encompasses the entire 76.6 acre site, but only 65 lots are to be platted with the
balance of the land being platted into three outlots and a park.
Based on our review, we find that the final plat is consistent with the approved preliminary plat and
planned unit development. We recommend approval subject to the following conditions:
1. The developer shall submit a directory of lots illustrating the applicable setbacks for each
lot. Setbacks shall be consistent with the PUD approved setbacks outlined in this report and
illustrated on Exhibit C.
2. The final plat shall illustrate a 70-foot right-of-way dedication along 70th Street NE for the
full length ofthe final plat.
3. The developer shall agree to pay the City $283,674.00 for improvements of 70th Street NE
and MacIver Avenue NE.
4. Parking shall be restricted on one side of all local streets. The developer shall install
appropriate signage.
5. A blacktop trail connection from 69th Circle NE to 70th Street NE and over to Lakewood
Drive NE shall be provided.
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6. Sidewalks shall be extended to the street at the comers of LaSalle Circle NE and 69th Circle
NE; and LaSalle Circle NE and 67th Street NE. Disability curb ramps shall be installed.
7. Separate trail easements shall be recorded for all off right-of-way trails.
8. The homeowners association shall be responsible for sidewalk and trail maintenance.
9. The developer shall improve the park per plans approved by the Albertville Park Committee.
10. Drainage and utility easements must be shown over the outlots containing wetlands and
ponding areas on the final plat. The size and location of all easements shall be approved by
the City Engineer.
11. The developer or assigns shall be responsible for removal of erosion control measures at the
completion of the subdivision development.
12. The developer shall install wetland buffer markers.
13. The landscape plan shall be revised to include:
a. Additional landscaping on the north and east edge of the plat, locations specified in
this report.
b. The developer shall install two trees per lot (two inch caliper).
c. The homeowners association shall maintain cul-de-sac island landscaping.
14. The developer shall incorporate the architectural guidelines into the homeowner association
bylaws and further define "significant brick or stone."
15. The developer shall enter into a development agreement with the City.
16. Subject to the City Engineer's comments on the utility plans.
City Planner Brixius stated the base zoning on the property is R-l, Low Density Residential District
and S, Shoreland Overlay District. The average lot size is 13,837 square feet of buildable land.
This average lot size exceeds the R-IA required buildable lot area exclusive of wetlands.
City Planner Brixius explained that through the coved subdivision, all house pads shall be set back
from the street a distance that provides an 80- foot lot width at the front building line.
The applicant shall provide a directory of setbacks for each individual lot in the subdivision. This
directory shall show the following:
1. The variable front yard setbacks of 30+ feet that results in a lot width of 80 feet at the front
building line.
2. Other Setbacks:
· Side Yard Setback: 5 feet garage side
· Side Yard Setback: 10 feet living space
· Side Yard Setback: 30 feet on comer
. Rear Yard Setback: 30 feet minimum
· Wetland Setback: No building deck or other structure shall encroach into the 30 foot
wetland setback
· No rear or side yard setback variances shall be approved
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3. The rear lot line shall be considered the southeast lot line for all flag lots (Lots 13, 14, Block
3; Lots 8, 9 of Block 1).
City Planner Brixius confirmed that erosion control shall be installed in accordance with the
approved grading plan. The developer shall be responsible for removal of erosion control devices
with complete build out ofthe subdivision.
Council asked why there are islands in the center ofthe cul-de-sacs. Would it be difficult to plow
around and would it be a safety issue?
Matt Froelich, the developer, stated the homeowner association shall be responsible for the
landscaping and maintenance of all cul-de-sacs and islands.
Council wanted to make sure the spacing of the streetlights is consistent to the south part of
Albertville. They do not want them similar to the Towne Lakes Development.
Council asked the status of the Valerius property located within the site.
Mr. Froelich informed the Council it has been purchased and included in the Hunter's Pass Estates
Development.
Council addressed the Hunter's Mud Lake Crossing and Hunter's Lift Station.
City Attorney Couri stated these are City projects; therefore the developer would not be responsible
for construction.
Council asked if there was anything noted or documented in regards to rental property.
Staff confirmed there was nothing noted in the Developer's Agreement.
City Attorney Couri informed the Council that the Developer shall pay the City $283,674.00 for road
improvements necessitated by the Development, including the improvement of 70th Street NE, which
the City intends to improve pursuant to an anticipated future agreement between the City and the City
of Otsego. Developer agrees that its properties in the Development may be specially assessed in the
amount of said $283,674.00, with said special assessment payable over a three year period, provided
however, that ifthe City enters into a contract for the construction of 70th Street NE, the Developer will
pay $141,837.00 within 30 days of the City's request for payment and upon such payment, the City
shall reduce the initial $283,674.00 special assessment by $141,837.00. Developer agrees to waive its
right to appeal the special assessments authorized in this paragraph to the Wright County District Court
pursuant to Minn. Stat. 429.081 on any grounds, including any statutory or constitutional grounds that
otherwise may have been available to Developer. Developer agrees to waive any procedural
irregularities in the special assessment proceedings.
Mayor Peterson would not agree to the Special Assessment to be carried over five (5) years. He would
support a Special Assessment over three (3) years.
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MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Hunter's
Pass Estates - Final Plat - Developer's Agreement as amended. Motion carried unanimously.
Downtown Parking Study Proposal
City Planner Brixius reviewed the Downtown Parking Study Proposal that as in the case of most
Historic Central Business Districts, Albertville's downtown businesses have been developed on
very small lots along its main street. This development pattern is reliant on on-street parking to
meet the business parking needs. As the community ages, the downtown businesses turn over,
traffic patterns change and parking needs have become an issue for downtown business.
City Planner Brixius stated the following work program outlines the steps necessary for this study:
WORK PROGRAM
Step 1 - Inventory
In this step NAC will identify the following existing conditions related to property ownership and
land use:
a. Parcel ownership patterns
b. Parcel size
c. Current land use, business type and size of building
d. Available vacant land
e. Existing parking lots and parking stall count
To conduct this inventory, NAC will be reliant on City GIS information, tax information, air photos
and a field inspection of the downtown.
Step 2 - Identifying Parking Demand
Based on the inventory ofland use, building sizes and types of businesses, NAC will estimate
parking demand using the City Parking Standards. The existing parking supply (both off-street and
on-street) will be subtracted from the demand to illustrate any parking shortage that may exist.
Step 3 - Identifying Potential Public Parking Lot Locations
NAC will identify potential sites (undeveloped sites or redevelopment sites) that may offer locations
for public parking lots that would address any parking shortages within the downtown study area.
The following criteria will be used to evaluate the potential sites:
a. Undeveloped land areas
b. Parcel size and configuration to provide parking lots that meet City standards
c. Proximity to businesses where parking shortages may exist
d. Property ownership patterns
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The intent of Step 3 is to identify potential parking sites that could benefit the existing businesses
without being disruptive and offer sites that can provide attractive parking lot design.
Conceptual parking lot plans will be provided for preferred public parking lot sites.
Step 4 - Estimated Construction Costs
NAC will forward the parking lot options to the City Engineer, requesting an estimate of parking lot
construction cost. This cost may vary based on the size and number of lots that may be proposed.
We will ask for an average cost per parking stall to allow the City to discuss the potential
apportionment of costs to businesses that may benefit from the public lots.
Step 5 - Planning Commission/City Council Workshop
Presentation of the parking study at a joint workshop will be conducted to solicit input on the study
and discuss various options for parking lot locations, design, and apportionment of costs.
Step 6 - Presentation of Parking Options to Downtown Businesses
A presentation of the parking study to the downtown businesses shall occur following the City
workshop. This study shall be conducted to gain opinions on parking needs and to determine which
parking sites and strategy for implementation may be most supported.
Step 7 - Finalize Study
Following the presentation ofthe study to downtown businesses, NAC will finalize the study and
report back to the City Council with recommendations. The City Council will determine if it wishes
to proceed with any downtown parking options.
BUDGET
Based on the aforementioned work program, we estimate that the time and materials to complete the
work program will not exceed $3,960.00.
We believe that we could undertake and complete the work program within 60 days of City
authorization. This time frame will be dependent on City meeting availability.
Council asked where the funds for this study would come from.
City Administrator Kruse informed the Council the funds could come out of the General Fund and
assess the cost back to the businesses to reimburse the General Fund. Otherwise the Council could
approve the expenses to come out of the General Fund if you do not want to assess it back to the
businesses.
MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve the Downtown
Parking Study Proposal as presented with the cost coming out of the General Fund. Motion carried
unanimously.
Ordinance Amendment - Section 1000.7. Landscaping-Ground Cover
Our staff has been directed to draft an amendment to Section 1000.7 ofthe Zoning
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Ordinance pertaining to required landscaping.
Bob Moberg asked about seeding or even hydro seeding in the wetland area.
City Planner Brixius stated that is why the City would require an "As Built" Certificate of Survey
and PW Supervisor Guimont to inspect the area prior to refunding ofthe escrow.
MOTION BY Council member Vetsch, seconded by Council member Berning to approve the
Ordinance Amendment - Section 1000.7, Landscaping-Ground Cover as amended. Motion carried
unanimously.
ENGINEERING
Hunter's Pass Estates - Mud Lake WM Crossing - Final Plans & Specifications
City Engineer Kasma reported the plans and specifications for Hunter's Pass Estates - Mud Lake
water main crossing project are included in the packet for your review for approval and allow to
advertise for bids to construct.
MOTION BY Council member Fay, seconded by Council member Klecker to approve the Hunter's
Pass Estates - Mud Lake Water Main Crossing - Final Plans & Specifications as presented and
advertise for bids. Motion carried unanimously.
Hunter's Pass Estates - Lift Station - Final Plans & Specifications
City Engineer Kasma reviewed the plans and specifications for the Hunter's Pass Estates - Lift
Station have been completed. City Engineer Kasma looked for direction and approval from Council
of the Plans and Specs and advertise for bids to begin construction on the lift station.
MOTION BY Mayor Peterson, seconded by Council member Klecker to approve the Hunter's Pass
Estates - Lift Station - Final Plans & Specifications as presented and to advertise for bids. Motion
carried unanimously.
Lachman Avenue NE Feasibilitv Report
City Engineer Kasma reported that per the Council request, we have prepared a feasibility study for
the Lachman Avenue NE extension. The following provides a summary of the information
contained within the report and conclusions drawn from the information:
1. All improvements addressed within the report are feasible from a technical standpoint. In
addition, the improvements are necessary to provide adequate transportation facilities and
municipal services to the project area, and represent cost effective solutions for doing so.
2. The proposed project consists of constructing a bituminous street, watermain and storm sewer
facilities from existing Lachman Avenue NE at 60th Street NE southerly to the north plat line of
the proposed LaBeaux Station Plat.
3. The proposed extension will be across private property, platted as Barthel Commercial Park
Second Addition, on which no right-of-way currently exists. There is an existing 60-foot wide
utility easement running southerly from the intersection of 60th Street NE and Lachman Avenue
NE to 57th Street NE centered on a 12-inch sanitary sewer line.
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4. The total estimated project costs are apportioned as follows:
ITEM TOTAL PROJECT COST
Street Construction $304,600
Storm Sewer $ 28,300
Watermain $ 48.000
Total Estimated Project Costs
$380,900
City Engineer Kasma stated that as part of this report, the wetland that would be impacted by the
extension of Lachman Avenue NE was delineated and surveyed. While this recent wetland
delineation conforms closely with that done in 1997, there is now an area of fill immediately south
of 60th Street NE, along the alignment of the proposed Lachman Avenue NE extension. The fill
area extends south approximately 120-feet and is about 9 feet above natural grade at its high point.
The wetland edge is approximately ISO-feet south of 60th Street NE and extends southerly onto the
proposed LaBeaux Station plat.
City Engineer Kasma proceed to report as a part of the required geotechnical data obtained for the
proposed LaBeaux Station plat, an additional soil boring was taken midway between this north plat
line and 60th Street NE within the wetland. The results of this soil boring indicated poor soils to a
depth of 14 feet. The soils consultant is recommending sub-cutting through the wetland and
backfilling with a minimum of 2.5 feet of sand over a geotextile fabric.
City Engineer Kasma recommended that the City purchase wetland credits through the Minnesota
Board of Water and Soil Resources, rather than purchasing upland for the required mitigation. The
current purchase price of wetland credits through the BWSR is $4,930 per acre to Public
Transportation Authorities.
Council questioned how do we handle the costs for this street project? How do we fund the project?
Staff reported the need for more research on how to fund or handle costs for the Lachman Avenue
NE Street Improvements.
It was questioned if there was any disturbance to the land when sanitary sewer was started and
would the proj ect be considered grandfathered in or not.
Staff would require more researching to find some aerial photos from Wright County.
Deric Deuschle with S.E.H. had looked in this area within the past couple of years. There was some
wetland disturbance, but not to add much to the pre-existing wetland condition.
City Attorney Couri reported on the funding for the project. He was not sure whether 20% could be
assessed. There is always the option to bond for the project.
Council recommended staff update and research the area then report back at a future meeting.
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52nd Street NE Feasibility Report Update
City Engineer Kasma prepared a feasibility study for 52nd Street NE Improvements. The report and
conclusions drawn from the information:
1. All improvements addressed within this report are feasible from a technical standpoint. In
addition, the improvements are necessary to provide adequate transportation facilities and
municipal services to the project area, and represent cost effective solutions for doing so.
2. The proposed project consists of constructing a bituminous street, sanitary sewer, watermain
and storm sewer facilities on 52nd Street NE from approximately 500-feet east of Barthel
Industrial Drive NE to Marlowe Avenue NE.
3. As of this writing, it is our understanding that no improvements are planned within the
MacKenzie Avenue NE right-of-way, and that Lots 12 and 13, Block 2 will receive access and
utility service from Lot 6 and Marlow Avenue NE respectively. As such, Lots 12 and 13 are not
included in the cost apportionment discussed in this report.
4. Several possible funding sources are available for this project, including but not limited to,
Chapter 429 Improvement Bonds, Revenue Bonds and Ad Valorem Taxes.
5. The cost apportionment method is based on the "Buildable" area per benefiting lot.
6. The total project costs are apportioned as follows:
Sanitary Sewer
Total Project Cost
City of Albertville
Non-City Lots
Watermain
Total Project Cost
City of Albertville
Non-City Lots
Storm Sewer
Total Project Cost
City of Albertville
Non-City Lots
Street Construction
Total Project Cost
City of Albertville
Non-City Lots
Total Proiect Costs
Total Project Cost
City of Albertville
Non-City Lots
$ 97,108.20
$ 76,745.42
$ 24,362.78
$116,482.80
$ 92,057.33
$ 24,425.47
$144,471.60
$114,177.11
$ 30,294.49
$420,778.39
$332,544.68
$ 88,233.71
$778,840.99
$615,524.55
$163,316.44
Council questioned what is the proposed width of the street.
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The construction of 52nd Street NE would be of a 42-foot wide street, which would widen the
existing gravel surface, resulting in potential wetland fill.
City Administrator Kruse recommended Council have a workshop to discuss the construction of
52nd Street NE. That would allow staff more time to check with the current landowner to find out if
they would be interested in connecting to municipal utilities.
MacIver Avenue NE Street and Utility Proposal
Tabled until June 20, 2005
Sewer Access Charges / Water Access Charges - Space Aliens Grill & Bar
Pursuant to your request, we have computed the SAC and WAC charges for the above referenced
building. It is our understanding that the City of Albertville follows the Metropolitan Council's
Reserve Capacity Charge Manual in determining equivalent residential units (ERUs). Considering
this, the SAC and WAC charges are computed as follows:
Dining Room and Lounge Area:
Number of Seats (1 seat / 15 sf):
3618 sf
241.2 seats
Sewer Access Charge:
241.2 seats / 8 seats per ERU
30.15 ERU x $4600.00/ERU
= 30.15 ERU
= $138,690.00
Water Access Charge (Joint Powers Portion):
241.2 seats / 8 seats per ERU = 30.15 ERU
30.15 ERU x $1668.00 = $50,290.20
Water Access Charge (City Portion):
241.2 seats / 8 seats per ERU
30.15 ERU x $950.00
= 30.15 ERU
= $28,642.50
Total WAC Charges:
Total SAC and WAC Charges:
= $ 78,932.70
= $217,622.70
Council would consider special assessment over a 3-year period, but the City cannot assess the Joint
Powers Water Board portion of the Water Access Charges.
Accept 2005 Street Overlay Bid
City Engineer Kasma held a bid opening on May 26, 2005 for the 2005 Street Overlay
Improvements. We received four (4) bids ranging from $94,713 to $118,462. I would recommend
awarding the low bid to Universal Enterprises in the amount of$94,713.
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MOTION BY Council member Klecker, seconded by Council member Berning to award the 2005
Street Overlay Bid of $94,713 to Universal Enterprises of Mid-Minnesota, Inc. Motion carried
unanimously.
Accept 2005 Street Sealcoat Bid
City Engineer Kasma held a bid opening on May 26,2005 for the 2005 Street Sealcoat Project. We
received three (3) bids ranging from $14,414 to $24,833. I recommend awarding the low bid to
Pearson Brothers, Inc. in the amount of $14,414.40.
MOTION BY Council member Klecker, seconded by Council member Berning to award the 2005
Street Overlay Bid of$14,414.40 to Pearson Brothers, Inc. Motion carried unanimously.
Albert Villas Wetland Mitigation Update from Deric Deuschle
Deric Deuschle with S.E.H. reported that there has been some wetland mitigation improvements
completed in the Albert Villas area but still requires a considerable amount more work. Staking has
been done to some of the mitigation areas, which has prompted a number of homeowners to contact
the City offices and be present at tonight's meeting.
Mr. Dueschle stated it requires City Council approval to acquire the necessary easement and
mitigations.
Mr. Dueschle will be meeting with members of Wright County. Following the meeting he will
report back to staff to put a resolution together for the next City Council meeting. These issues
need to be resolved on or before June 29, 2005 to stay within the 120-day time frame.
On Monday, June 6th Mr. Dueschle was inspecting the Albert Villas 4th and 6th, and reports that the
buffer areas are not in place. Anyone who has lots in the 4th or 6th development, this will poise a
sticking point as they may be loosing a considerable amount of land use.
Mr. Dueschle wanted the Council to know this is an ongoing process. When Albert Villas was
being developed the TEP Panel was focusing on Albert Villas 1 - 2 - and 3.
Mr. Dueschle suggested a special session inviting the homeowners so they would better understand
what is going on in their neighborhood.
Mr. Dueschle reported as we go through to assess the buffer areas and notify the homeowners as an
area is complete. Informing the owners of what area should or should not be affected.
Mayor Peterson advised staff to get some kind of direct mailing to the residents going over the
history of the development and what is currently happening and how it is proposed to be corrected
or addressed. He wants to head off any wrong information, that it was not the City's fault, nor any
staff members. We trusted a developer to follow through with the site, grading and construction as
submitted.
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LEGAL
Parkside Commercial- Developer's Agreement
City Attorney Couri reviewed the Parkside Second Commercial Developer's Agreement as
presented in the packet. There was nothing too much out of the ordinary. 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 contract shall be performed.
A fee for City administration of this project shall be paid prior to the City executing this Agreement.
As well as the CIC (Common Interest Community) Agreements be submitted to the City Attorney
for review.
MOTION BY Council member Vetsch, seconded by Council member Berning to approve the
Parkside Commercial Developer's Agreement as amended. Mayor Peterson, Council members
Berning, Vetsch, and Klecker voted aye. Council member Fay opposed.
Agreement to Reallocate Special Assessments - Resolution No. 2005-16 entitled A Resolution
Redirecting Assessments (Welcome Furniture - Darkenwald)
City Attorney Couri stated Welcome Furniture & Appliance, Inc. ("Welcome") and Darkenwald
Real Estate, Ltd. ("Darkenwald") have requested that the City reallocate special assessments among
properties owned by Welcome and Darkenwald. The City shall reallocate the special assessments
in the amount of$71,078.44 among the properties and in the manner as requested by Welcome and
Darkenwald.
Lot 2, Block 1, Albertville Business Park
Lot 3, Block 1, Albertville Business Park
Lot 4, Block 1, Albertville Business Park
PID 101-088-001020
PID 101-088-001030
PID 101-088-001040
$17,769.61 (25% of balance)
$17,078.44 (25% of balance)
$35,539.22 (50% of balance)
MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve Resolution No.
2005-16 entitled A Resolution Redirecting Assessments (Welcome Furniture-Darkenwald) as
presented. Motion carried unanimously.
Amendment to Towne Lakes 3rd Addition Developer's Agreement
City Attorney Couri reported the Developer and the City have entered into an agreement titled City of
Albertville Master Planned Unit Development Agreement Towne Lakes Third Addition ("Master
Agreement"), dated October 3, 2003 and recorded in the office ofthe Wright County Recorder,
Wright County, Minnesota, as document number 894487. Developer and City desire to amend the
Master Agreement relating to the configuration of the preliminary plat of Towne Lakes Phase II and to
provide for the construction and funding of a street to be built for the benefit of the development.
City Attorney Couri brought to the Council's attention Paragraph 1, Subparagraph B and Exhibit B
of the Master Agreement are hereby amended as follows:
The preliminary plat of Towne Lakes Phase II attached as Exhibit B to the Master
Agreement is hereby modified by the attached Exhibit R. It is the intent of the parties that
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Exhibit B and Exhibit R are to be read together with Exhibit R superseding Exhibit B in
those areas where the Exhibits are inconsistent. Those areas of Exhibit B not superceded by
Exhibit R remain in full force and effect. The City acknowledges and agrees that the
modification ofthe preliminary plat as set forth in Exhibit R results in a three-lot increase in
the number of approved detached single-family lots.
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
Amendment to Towne Lakes 3rd Addition Developer's Agreement as amended. Motion carried
unanimously.
Albertville Crossing 3rd Addition Developer's Agreement (Bank of Long Lake)
City Attorney Couri reviewed the Developer's Agreement stating the Developer is the fee owner of the
real property described in the attached Exhibit A, which real property is proposed to be subdivided and
platted for development, and which subdivision, which is the subject ofthis Agreement, is intended to
bear the name "Albertville Crossing 3rd Addition" and shall hereinafter be referred to in its entirety as
"Said Plat" or "Subject Property".
City Attorney Couri went on to report the City has given preliminary and final plat approval of Said
Plat contingent upon compliance with certain City requirements including, but not limited to, matters
set forth herein. The City requires that certain public improvements including, but not limited to
trail(s), grading, sanitary sewer, municipal water, storm sewer (hereafter "Municipal Improvements")
be installed to serve the Development and other properties affected by the development of Developer's
land, to be installed and fmanced by Developer.
MOTION BY Council member Berning, seconded by Council memb~r Klecker to approve the
Albertville Crossings 3rd Addition Developer's Agreement (State Bank of Long Lake) as amended.
Motion carried unanimously.
FINANCE DEPARTMENT
Written Report
Total accounts receivable billed through May 31, 2005 since the City of Albertville has set up the
billing/invoicing system software is $1,596,194.83. Ofthat amount, staffhas collected $965,389.71
as of May 31, 2005. The remaining amount collectable outstanding is $354,564.28.
The percentage of the total due based on the aging report is as follows:
0-30 days outstanding
30-60 days outstanding
60-90 days outstanding
Over 90 days outstanding
$31,615.72
$ 8,829.77
$10,373.05
$303,799.85
9%
2%
3%
86%
The main outstanding receivables that are overdue are Edina Development.
Outstanding accounts more than 30 days out less Edina are $21,080.39 or 6%.
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ADMINISTRATION
Written Report
Reported continuing to work with representatives of Direct TV regarding their interest in
purchasing our Public Works Facility.
City Administrator Kruse reported working with Mark Forbes on suggested City Hall changes from
our last meeting.
The consensus of the City Council was to proceed with the four office cubicles with isles flanking
each side. Elimination ofthe janitorial and storage space on the west end ofthe building and
shortening the vestibule/hallway on the northwest entrance. Staffwas directed to try to absorb the
space being cut into the existing space. The Council postponed a decision to eliminate concrete
planking on the expansion area and change to steel until cost differentials are known.
Resolution No. 2005-18 entitled No Fault Sewer Back-up Insurance
Tabled to the June 20, 2005 City Council meeting.
Wright County Highway Dept - All-way Stop Request at Main Ave. NE & 57th Street NE
Tabled to the June 20, 2005 City Council meeting.
Update City Benchmark Maps
The City Council discussed whether S.E.H. or BMI should complete the survey update and related
mapping of Benchmarks at a cost of$1O,500.
MOTION BY Mayor Peterson, seconded by Council member Vetsch to authorize S.E.H. to
complete the Benchmark mapping at a cost not to exceed $10,500 and to amend the general fund
engineering budget to reflect this added project. Motion carried unanimously.
Pelican Lake Restoration Proiect
City Administrator informed the Council he attended a meeting with the DNR, MPCA, Wright
County SWCD, St. Michael, Ducks Unlimited and a host of other agencies to study options to drain
or lower Pelican Lake. Another meeting of stakeholders is scheduled for June 8th from 10:00 a.m.
to 2:00 p.m. at Timothy's Riverwood Conference Center.
It appears the Mississippi option may be very expensive and from a constructability standpoint, the
St. Michael! Albertville option may be the most viable option. Both St. Michael and Albertville
expressed cautious optimism referencing the problems with the recent floods. They want an
Albertville representative to be involved in the study and evaluation of the options. City
Administrator Kruse will continue to attend and represent the City's interest through the study
period.
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1-94 Funding Workshop. Wastewater Treatment Proiect Financing and City Hall Building Proiect
Financing Workshop (suggest Mondav. June 13.2005. at 6:00 p.m.)
Tabled a suggested June 13th date to review financing issues to June 13,2005.
Council Comments:
Mayor Peterson brought to staffs attention the land behind the Coffee Cubby is not being mowed.
He was under the impression this matter was under control. He directed staff to contact the owners
to address this issue.
ADJOURNMENT
MOTION BY Council member Berning, seconded by Council member Vetsch to adjourn at
11 :25 p.m. Motion carried unanimously.
~
Don Peterson, Mayor
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