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2021-10-04 City Council Agenda Packet A,lbertvill-c city of Albertville Council Agenda Small Town Wing.619 We. Monday, October 4, 2021 City Council Chambers 7p 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 Pages 3. Recognitions—Presentations -Introductions 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. Items pulled will be approved by a separate motion. A. Approve the September 20, 2021, regular City Council Meeting minutes as presented. 3-7 B. Authorize the Monday, October 4, 2021, payment of claims as presented, except bills 8 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 City Hall upon request. C. Accept Accounts Receivable Report. 9-10 D. Accept 3rd Quarter Budget to Actual Report. 11-13 7. Public Hearing—None 8. Wright County Sheriff's Office— Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc) B. Building—None C. City Clerk—None D. Finance—None E. Fire—None City of Albertville City Council Agenda Monday, October 4, 2021 Page 2 of 2 F. Planning and Zoning 1. Kingston Crossing (Previously Huering Meadows Commons) Final Plat,And 14-129 PUD Final Stage (Motion to adopt Resolution No. 2021-040 approving the request ofKuepers Inc. for a PUD amendment to the previously approved Huering Meadows Commons PUD;final plat, and PUD final stage for the project entitled Kingston Crossing). G. Public Works/Engineering 1. Approve Purchase of Bobcat Small Loader 130-135 (Motion approve the purchase of a new Bobcat L28 Small Articulated Loader and attachments in the amount of$45,296). H. Legal—None L Administration 1. Adopt Amendments to Title 9, Chapter 4, Private Sewage Disposal Systems 136-150 and Transfer Authority of Subsurface Sewer Treatment Systems to Wright County (Motion to adopt Ordinance No. 2021-12 amending Albertville City Code Title 9, Chapter 4 relating to Private Sewage Disposal Systems and authorize the publication of a summary ordinance). (Motion to adopt Resolution No. 2021-041 transferring jurisdiction of Subsurface Sewer Treatment Systems (SSTS) in the City ofAlbertville to Wright County). 10. Announcements and/or Upcoming Meetings October 11 STMA Arena Board, 6 pm October 12 Planning Commission, 7 pm October 18 City Council, 7 pm October 25 Joint Powers Water Board, 6 pm Parks Committee, 7 pm November 1 City Council, 7 pm November 2 Election Day for STMA Operating Levy, 7 am to 8 pm 11. Adjournment lb£rtvill Sn-1 Town Wing.ft Oty Ws. ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES September 20, 2021 — 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7 pm. 2. Pledge of Allegiance— Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski Staff Present: City Administrator Nafstad, City Planner Brixius, Chief Bullen, City Attorney Couri, Finance Director Lannes and City Clerk Luedke. 3. Recognitions —Presentations—Introductions —None 4. Public Forum There was no one present for the public forum. 5. Amendments to the Agenda MOTION made by Councilmember Olson, seconded by Councilmember Cocking to approve the September 20, 2021, agenda as presented. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. Absent: Hudson. The motion carried. 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. Items pulled will be approved by a separate motion. A. Approve the August 30, 2021, Joint Governance Meeting minutes as presented. B. Approve the September 7, 2021, regular City Council Meeting minutes as presented. C. Authorize the Monday, September 20, 2021, 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 City Hall upon request. D. Approve the Church of St. Albert Lawful Gambling Exempt Permit Application for a raffle to be held on December 19, 2021, at the St. Albert Parish Center located at 11458 57th Street NE,Albertville. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the September 20, 2021, Consent Agenda as presented. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hudson. The motion carried. 7. Public Hearing—None 8. Wright County Sheriff's Office—Updates, reports, etc. There were no updates from the Wright Countv Sheriff's Qffice. en a age City Council Meeting Draft Minutes Page 2 Regular Meeting of September 20,2021 9. Department Business A. City Council 1. I-94 Project Update City Administrator Nafstad provided an update on the I-94 project which included information on the history of the pond, restoration of Large Avenue, the County State Aid Highway (CSAH) 19 Bridge status, east bound turn lane onto the new eastbound on-ramp at CSAH 19, the use of public streets and the old park and ride site. City Administrator Nafstad first provided on update on the status of the ponds and the unknown timing on plans for restoration of Large Ave. There was discussion on the City's multiple requests of MnDOT to pursue other alternatives that would allow the pond site to be developed. It was noted all City approvals, including municipal consent,project layout, and conveyance of city land to the state, was approved with the condition that MnDOT would work to preserve as much of the ponding site as possible for development. There was also extensive discussion on the multiple offers the City agreed to pay to MnDOT to preserve the site for development. City Administrator Nafstad next provided the status of the CSAH 19 westbound bridge and said the east bound bridge was generally complete, but the west bound ramp would not be constructed as part of the current project. It is understood MnDOT removed the westbound bridge from the project due to budget and project schedule. Mr. Nafstad said MnDOT plans to complete the westbound bridge as part of the Gap project or as a standalone project in the future. Mr. Nafstad said it is his understanding MnDOT plans to complete the westbound bridge in the next 3 to 7 years. City Administrator Nafstad next presented on the new east bound on-ramp at CSAH 19 which does not include a right turn lane off of CSAH 19. He reviewed previous MnDOT documents which included the turn lane and also explained that Albertville was required to include a turn lane at the same location when the City was designing the interchange improvements. Mr. Nafstad showed the MnDOT staff approved layout which included the turn lane, but not the turn lane taper and explained that MnDOT removed a portion of the turn lane from the project to avoid having to work with the railroad and potentially delaying the project. He also discussed the county's funding policy has it related to future turn lane construction and the future railroad crossing. There was lengthy Council discussion regarding the lack of the turn lane, safety concerns, and this being the only major intersection on CSAH 19 in the city without a turn lane. City Administrator Nafstad reported on the use of the City streets and said MnDOT had authorized some City streets to be designated as haul road and they are being used as more than haul roads. Nafstad presented pictures showing city roads and boulevards being used as staging areas, contractor parking areas, and for material and equipment storage which has been frustrating to local businesses and nearby residents. Regarding Mackenzie Avenue,he said the City received notice from MnDOT it would be designated as a haul road but the City rejected the designation for multiple reasons. He said MnDOT said okay but began using it as a haul road anyway. He added that neither the City nor the residents received notification of the use. He said one of the conditions of PCI's zoning permit was to not use Mackenzie Avenue as a haul road. City Administrator Nafstad also provided information on the park and ride site and said the City has been told by MnDOT that restoration or removal of the parking lot is not part of the project. The City is waiting to hear back from MnDOT as to what their plan is for the site. There was further Council discussion regarding ponds and the CSAH 19 turn lane. The Council reiterated its frustration regarding MnDOT's failure to coordinate with the City on the pond, as well as, the City's concern of the lack of a turn lane ou CS�A> 19 it the new eastbound ramp. gena age City Council Meeting Draft Minutes Page 3 Regular Meeting of September 20,2021 1. I-94 Project Update - continued MnDOT Deputy Commissioner/Chief Engineer Daubenberger and MnDOT District 3 Engineer Ginnaty were in attendance. City Attorney Couri answered questions from Council regarding the public road use as haul roads and said the City could revoke the PCI permit. Deputy Commissioner/Chief Engineer Daubenberger commented on how projects are reviewed and approved by MnDOT staff and also acknowledged the need for improved communication. The Deputy Commissioner also noted it was not unusual to not have a turn lane. MnDOT Engineer Ginnaty answered questions from Council regarding the turn lane and said the requirement to build turn lanes was dependent on the traffic volume. He said he would check to see why the turn lane was not built per the approved layout. Mr. Ginnaty also said MnDOT would work with the City to relocate the ponds. Mr. Ginnaty explained his decision at the time not to sell the land back to the City was because MnDOT may need it in the future. He also answered questions from Council regarding the haul roads and Mackenzie Road and said he would review the issues presented tonight because he had not been aware of them before the meeting. The Council thanked MnDOT Deputy Commissioner/Chief Engineer Daubenberger and District 3 Engineer Ginnaty for attending the Council meeting. 2. Committee Updates (STMA Ice Arena,Planning, JPWB,Parks, Fire Board, FYCC) Councilmember Olson provided an update from the biannual Albertville-Otsego Joint Fire Advisory meeting which included a budget and fire department response calls discussion. Councilmember Cocking provided an update from the special STMA Ice Arena Board meeting with the Youth Hockey Association in which there was a discussion regarding the possible development of dry land area above where Hat Trick Hockey will be located. He discussed the Hat Trick Hockey lease agreement and answered questions from the other Councilmembers. Councilmember Hudson added additional information regarding the lease agreement terms with Hat Trick Hockey. Councilmember Zagorski provided an update for the Planning Commission meeting which included information on the public hearing that was held to consider the amendments to Huering Meadows Commons Planned Unit Development. He said the project was now called Kingston Crossing. City Planner Brixius said the Kingston Crossing development would come before the Council for approval at their October 4 Council meeting. City Administrator Nafstad provided additional information on the new development. B. Building—None C. City Clerk 1. Set Council Workshop with Wright County Sheriff Deringer City Clerk Luedke said the Wright County Sheriff's department contacted the City with a request to set up a workshop with the Council to discuss contracting and a possible future increases. She asked if the Council preferred to meet before or immediately following the October 18 Council meeting. City Administrator Nafstad and Fire Chief Bullen answered questions from Council regarding the possible workshop. Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of September 20,2021 1. Set Council Workshop with Wright County- continued There was Council discussion and the consensus was to have Sheriff Deringer discuss the items during the October 18 Council meeting under the Wright County Sheriff's office update section. D. Finance 1. Decertify Fraser Steel Tax Increment Financing District No. 14 Finance Director Lannes presented the staff report with included the background information on the Fraser Steel Tax Increment Financing District. She answered questions from Council. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to adopt Resolution No. 2021-039 decertifying Fraser Steel Tax Increment Financing District No. 14 of the City of Albertville. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. E. Fire—None F. Planning and Zoning—None G. Public Works/Engineering—None H. Legal—None I. Administration 1. Ice Arena Maintenance and Shift Supervisor Offer City Administrator Nafstad said the City had made a conditional offer to Daniel Jerpseth for the open Ice Arena Maintenance and Shift Supervisor position. MOTION made by Councilmember Olson, seconded by Councilmember Hudson to appoint Daniel Jerpseth to the full-time position of Ice Arena Shift Supervisor, at a beginning wage of$23.22 per hour (Step 2)with a one-step increase upon passing the probationary period performance review. The appointment to the position is conditioned on successful completion of a background check. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 2. City of Administrator's Update City Administrator Nafstad said City staff met with Scherer Brothers to discuss the possible purchase of the City owned lot located on 67th Street behind the Premium Outlets. He indicated Scherer Brothers appeared to be interested in moving forward with the purchase and said if so, the City would work with them through the TIF process. He also provided information on other City owned lots. City Planner Brixius said Scherer Brothers may submit an application in November and detailed the process needed to re-zoned the lot. He answered questions for Council. The Council stated they would like to move forward with the revocation of the zoning permit for PCI. City Attorney Couri answered questions from Council regarding the process and the authority the City has over the road. He also provided information on the citation process that could be used if PCI did not adhere to the revocation. City Administrator Nafstad said that staff would move forward with the revocation. Agenda Page 6 City Council Meeting Draft Minutes Page 5 Regular Meeting of September 20,2021 Announcements and/or Upcoming Meetings October 4 City Council, 7 pm October 11 STMA Arena Board, 6 pm October 12 Planning Commission, 7 pm October 18 City Council, 7 pm October 25 Joint Powers Water Board, 6 pm Parks Committee, 7pm 10. Adjournment MOTION made by Councilmember Hudson, second by Councilmember Cocking to adjourn the meeting at 9:04 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk Agenda Page 7 �lbcrtviljc Mayor and Council Request for Action If October 4, 2021 SUBJECT: CONSENT—FINANCE—PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, October 4, 2021, payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at 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 with 810 are STMA Arena ExpensesNendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: 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) Agenda Page 8 1b£rfVlll£ Mayor and Council Communication SmoH T...Lm.g.f7 CW Ulu. October 4, 2021 SUBJECT: CONSENT-FINANCE—ACCOUNTS RECEIVABLE REPORT ACCOUNTS RECEIVABLE: Total accounts receivable outstanding through September 23, 2021 is $47,064.20. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $21,355.59 45.38% 30-60 days outstanding $ 9,691.91 20.59% 60-90 days outstanding $ 5,503.67 11.69% Over 90 days outstanding $10,513.03 22.34% PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review quarterly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Accounts Receivable Report Agenda Page 9 Mayor and Council Communication-October 4, 2021 Finance-Accounts Receivable Report Page 2 of 2 Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days & Over 21st Century Bank $302.50 $2.50 $300.00 Albertville Phase III, LLC $250.00 $250.00 Anchors Properties Inc $252.09 $2.09 $250.00 Capital Land Investments LLC $1,242.21 $162.55 $161.30 $155.01 $763.35 City Insurance &Financial $2,070.00 $2,070.00 City of St. Michael $6,948.87 $2,443.63 $4,505.24 Frances Diedrich $453.75 $3.75 $450.00 Lawrence Einberger $1,331.01 $11.01 $1,320.00 Lisa Erickson $453.75 $3.75 $450.00 Jordan Fabel $200.00 $200.00 Mitchell Greig $1,242.21 $162.55 $161.30 $155.01 $763.35 Ryan Heyer $927.67 $7.67 $920.00 Kevin Hofmeister $250.00 $250.00 Integrate Properties $1,352.80 $1,352.80 JKZ Holding, LLC $622.97 $5.15 $617.82 Wallace Johnson $575.00 $575.00 Richard Kmett $400.00 $400.00 Lake Central Ins-Maple Lake $996.34 $8.17 $8.17 $980.00 Landform Professional $5,731.30 $5,585.50 $145.80 Neighbors Bar& Grill $46.14 $0.38 $0.38 $0.38 $45.00 Omann Brothers $5,830.12 $44.88 $44.88 $44.88 $5,695.48 Progressive Insurance $3,672.07 $1,908.89 $694.09 $579.09 $490.00 Razor Sharp Hockey $1,771.69 $1,771.69 Red and Black League $908.02 $7.39 $7.39 $7.39 $885.85 Showcase Hockey $5,315.06 $5,315.06 State of Minnesota-Tax Forfeit $502.09 $2.09 $250.00 $250.00 STMA United Soccer Club $2,772.87 $2,350.00 $422.87 Matt Taus $66.40 $66.40 Andrew &Maria Tilbury $75.00 $75.00 USAA Casualty Insurance $502.27 $4.09 $4.09 $4.09 $490.00 Total $47,064.20 $21,355.59 $9,691.91 $5,503.67 $10,513.03 Current 0-30 days $21,355.59 45.38% 30-60 days $9,691.91 20.59% 60-90 days $5,503.67 11.690o over 90 day $10,513.03 22.34% Agenda Page 10 �lbcrtvillc Mayor and Council Communication October 4, 2021 SUBJECT: CONSENT-FINANCE—3RD QUARTER BUDGET TO ACTUAL REPORT—UN-AUDITED 3rd QUARTER BUDGET TO ACTUAL: Attached are the 3rd Quarter 2021 un-audited General Fund summaries of revenues and expenditures. Revenues are expected be at 66%. Expenses are expected to be at 72%. This summary shows operating revenues are at 66.01% and operating expenses are at 72.61%. VARIANCES: Revenue: • Fire Aid—Not received until October • Police Aid—Not received until October • LGA—Not received until December • Building Permits—More activity than expected • Engineering As Built Fee—More activity than expected • Licenses &Permits—Rental renewals are collected 4th quarter Expenses: • Assessor services completed April 2021 Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • 2021 Budget to Actual Agenda Page 11 Mayor and Council Communication —October 4, 2021 Finance—Yd Quarter Report Page 2 of 3 2021 Council Update General Fund Operations 2021 Actual Ytd% General Fund Revenue: 2021 Budget 09/28/21 Budget 31010 Current Ad Valorem Taxes 2,247,305 $1,236,085 55.00% 32100 Licenses&Permits 27,000 $2,183 8.09% 32110 Liquor Licenses 0 $2,030 32150 Sign Permits 500 $2,415 483.00% 32210 1 Building Permits 100,000 $327,183 327.18% 32240 Animal Licenses 1,200 -$195 -16.25% 33401 LGA Revenue expected 115,635 $57,626 49.83% 33405 Police Aid 41,000 $0 0.00% 33406 Fire Aid 64,000 $0 0.00% 33422 Other State Aid Grants 700 $0 0.00% 33423 Municipal Maint Aid 11,000 $11,535 104.86% 34000 Charges for Services 15,000 $11,716 78.11% 34005 Engineering As Built Fee 3,000 $7,500 250.00% 34101 Leases-City Property 30,000 $26,282 87.61% 34103 Zoning&Subdivision Fees 2,500 $3,500 0.00% 34104 Plan Check Fee 65,000 $145,164 223.33% 34107 Title Searches 2,500 $3,765 150.60% 34113 Franchise Fee-Cable 74,000 $46,519 62.86% 34202 Fire Protection Contract Charges 433,974 $325,481 75.00% 34780 Rental Fees 15,000 $5,639 37.59% 34950 Other Revenues 15,000 $7,994 53.30% 34110 Arena 13,813 $9,208 66.67% 34112 Electric Franchise Fee 125,000 $63,712 50.97% 36210 Interest Earnings 25,000 $7,067 28.27% General Fund Reserves 30,000 0.00% Total Revenues 3,458,127 2,302,409 66.01% Agenda Page 12 Mayor and Council Communication —October 4, 2021 Finance—Yd Quarter Report Page 3 of 3 2021 2021 Actual Ytd % General Fund Department Expenditures: Budget 09/28/21 Budget 41000 General Government 40,000 $34,579 86.45% 41100 Council 47,274 $34,512 73.01% 41300 Combined Administrator/Engineer 164,350 $109,881 66.86% 41400 City Clerk 136,221 $103,141 75.72% 41410 Elections 25,000 $1,037 4.15% 41500 Finance 116,050 $73,676 63.49% 41550 City Assessor 40,100 $42,424 105.80% 41600 City Attomey 40,000 $20,830 52.08% 41700 City Engineer 25,000 $13,959 55.83% 41800 Economic Development 50,000 $19,296 38.59% 41910 Planning&Zoning 56,507 $39,045 69.10% 41940 City Hall 147,108 $135,620 92.19% 42000 Fire Department 557,947 $405,500 72.68% 42110 Police 835,485 $626,614 75.00% 42400 Building Inspection 252,724 $181,911 71.98% 42700 Animal Control 9,000 $6,790 75.44% 43100 Public Works-Streets 364,876 $252,599 69.23% 45000 Culture&Recreation 81,521 $62,247 76.36% 45100 Parks&Recreation 377,798 $291,748 77.22% 43160 Electric street lights 91,166 $55,461 60.83% Total Expenditures 3,458,127 2,510,866 72.61% 2021 Council Update Capital Fund 2021 Actual Ytd% Capital Reserve Fund Revenues 2021 Budget 09/28/21 Bud et 31010 Current Ad Valorem Taxes 1,324,744 $1,079,986 81.52% 2021 Council Update Capital Fund 2021 Actual Ytd% Capital Reserve Fund Expenditures 2021 Bud et 09/28/21 Budget 300 Professional Services 1,324,744 $1,037,449 78.31% Agenda Page 13 �lbcrtvillc Small Town Wag.ffig CN Lft. Mayor and Council Request for Action October 4, 2021 SUBJECT: KINGSTON CROSSING(PREVIOUSLY HUERING MEADOWS COMMONS) FINAL PLAT,AND PUD FINAL STAGE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: adopt Resolution No. 2021-040 approving the request of Kuepers Inc. for a PUD amendment to the previously approved Huering Meadows Commons PUD; final plat, and PUD final stage for the project entitled Kingston Crossing. BACKGROUND: On March 16, 2020, the Albertville City Council approved PUD Zoning, PUD Final Stage Plans and Final plat for Heuring Meadow Commons, a commercial,high density residential and medium density residential land use development on an 11.8-acre site entitled Outlot A, Heuring Meadows. Said site is located at the Northwest quadrant of the County Road 19/53rd Street intersection. This Huering Meadows Commons PUD development consists of 26 townhomes, 159-unit apartment building, and a 10,427 square foot daycare facility. The commercial day care element of the project has been developed. Kuepers Inc. has taken over the residential portion of the project and wishes to amend the approved PUD to split the approved apartment building into two separate buildings and add a community club house and pool as a site amenity. The townhome portion of the project proposes larger units with high end amenities. The overall unit count with this amendment has been lower from 185 units to 174 units over the entire site. The past approval established the PUD zoning, land use and density for this site. The requested amendment is consistent with the original approval. The requested PUD amendment changes the housing product and site plan for the apartment complex. These changes, in Staff's opinion, improve the housing products and site design over the original approval. 1. Final Plat. The applicant is requesting approval of a revised final plat creating three lots for the residential portion of the project. Lot 1, townhomes, ponding and play area; Lot 2,west apartment building parking lot, clubhouse and pool; Lot 3 east apartment building. 2. Easement Vacation. Vacation all the easements overlaying the original Huering Meadows Common Final Plat. New easements will be established with the approval of the new Kingston Crossing Final Plat. 3. PUD Final Stage. Applicant is requesting approval of the revised Kingston Crossing building and site construction plans. City Staff has reviewed the submitted application and plan sets; Development plans August 17, 2021, Apartment Building plans June 17, 2021; Townhome plans September 8, 2021 and Club house/pool plans July 2, 2021 and prepared the planning report dated September 8, 2021. Agenda Page 14 Mayor and Council Request for Action —October 4, 2021 Planning—Kings Crossing PUD Amendment Page 2 of 3 KEY ISSUES: In review of the Kingston Crossing plan sets against the previous approved Huering Meadows Commons PUD,the following key issues are presented. 1. The proposed Kingston Crossing project, the site layout, land use and overall density is consistent with the previously approved Huering Meadows Commons PUD. The overall housing unit count has been reduced by 11 units. 2. Two separate apartment buildings, allows for separate financing for each building and a phased development. The new apartment design also allows for a freestanding Clubhouse and pool, an amenity not available in the original PUD. 3. The townhomes shall be constructed before or simultaneously will the construction of the apartment building. 4. Site access remains the same as the original PUD and carries the same street improvements (right-in/right out access via CR 19, improvements and signalization of the CR.19/53rd Street intersection)to be borne by this project. 5. The CR. 19/53 rd Street intersection improvements and signalization will be constructed simultaneously with the townhome and apartment construction. No occupancy permits shall be issued for either the townhomes or apartments until the intersection improvements and signalization are completed. 6. The private streets, shared driveways and shared parking will require easement separate from the final plat to be established and record simultaneously to the final plat. 7. A maintenance agreement outlined on-going maintenance and repair of shared private street, parking, driveways, play area, dog park and clubhouse/pool must be recorded with the final plat. 8. With the new housing product, the new building setbacks have been recommended. 9. The new housing products meet the City Standards for unit size, garage size and exterior finishes. 10. The site will be under single ownership and management. The site will have an on-site manager. 11. The site has incorporated landscaping required by the original PUD to screen the site and to discourage trespassing. 12. Project phasing will be as follows. Townhomes 2021-2022 West Apartment Building 2021-2022 Clubhouse and pool 2023-2024 East Apartment Building 2023-2024 POLICY/PRACTICES CONSIDERATIONS: In review of the submitted Final plat and the PUD Final Stage plans, Staff finds that they are consistent with the approved 2020 original Huering Meadow Commons PUD and the conditions of approval. Agenda Page 15 Mayor and Council Request for Action —October 4, 2021 Planning—Kings Crossing PUD Amendment Page 3 of 3 FINANCIAL CONSIDERATIONS: The project will expand the local tax base,will generate city fees related to utilities, drainage and park dedication. The Site improvement shall be the responsibility of the developer. The Development shall be responsible for the CR19 street improvements and the signalization of the CR.19/53rd Street intersection. These financial considerations shall be outlined in the project development agreement prepared by the City Attorney. LEGAL CONSIDERATIONS: In accordance with Council procedures,the Mayor and City Council have the authority to consider land use and zoning changes, and subdivisions. Department/Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2021-040 • Kingston Crossing PUD Agreement • Planning Report dated September 8, 2021 • Planning Report Exhibits Agenda Page 16 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-040 RESOLUTION APPROVING A REQUEST FOR AN AMENDMENT TO THE HUERING MEADOWS COMMONS APPROVED PLANNED UNIT DEVELOPMENT; A FINAL PLAT AND A PUD FINAL STAGE PLANS FOR A 148 UNIT RESIDENTIAL APARTMENTS AND 26 TOWNHOMES FOR A PROJECT ENTITLED KINGSTON CROSSING WITHIN THE CITY OF ALBERTVILLE WHEREAS, Kuepers Inc. have filed an application and submitted plans requesting a final plat and an amendment to the 2020 approved Huering Meadow Commons PUD for the development of 148 apartment units, 26 townhomes, and common amenities including a play area, dog park, clubhouse, and pool on three lots currently legally described at lot 2, Block 1 Huering Meadows Commons. Said site 9.8 acres, located at the northwest corner of 53rd Street and County Road 19 ("Property"). This multiple family development is intended to be under single ownership and single management offering residential rental options with the City of Albertville. To facilitate the development proposal the following development applications were requested, 1. An amendment to the approved 2020 Huering Meadows Commons Final Stage PUD. The PUD amendment is to allow for a change from the original approved Huering Meadows Commons PUD with regard to final plat design and site layout offering larger townhomes, two separate apartment buildings, private street, private playground and private clubhouse/ pool. 2. Vacation of easements established with the original Huering Meadows Commons Final plat to be replaced with the approval of the new Kingston Crossing Final plat. 3. Final Plat, subdividing the development site (Lot 2, Block 1 Huering Meadows Commons) into three lots. WHEREAS,the Albertville City Council approved the Huering Meadows Commons PUD zoning and site development plans on March 16, 2020 establishing the land use, density and site design for the subject site; and WHEREAS,Kuepers Inc have filed an application and submitted plans pursuing approval of a final plat and PUD final stage for the 148 apartment units and 26 townhomes, within a subdivision entitled Kingston Crossing; and WHEREAS, City staff has reviewed submitted final plat and PUD development plans dated August 17, 2021, easement vacation exhibit dated August 16, 2021, and building plans and prepared a planning report dated September 8, 2021; and Agenda Page 17 City of Albertville,MN Resolution No.2021-040 Meeting of October 4,2021 Page 2 WHEREAS,the Albertville Planning Commission conducted a public hearing at their September 13, 2021 meeting, to review the Kingston Crossing application,plans, the September 8, 2021 Planning Report and to solicit public input on the requested final plat and PUD amendment; and WHEREAS,upon closing the public hearing,the Planning Commission recommended approval of the final plat, easement vacation and the Kingston Crossing PUD amendment subject to the conditions outlined in the September 8, 2021 Planning Report; and WHEREAS,the Albertville City Council met on October 4, 2021, to consider the Kingston Crossings Final plat and PUD; and WHEREAS,the Albertville City Council will conduct a public hearing on the easement vacation at its October 18, 2021,to consider vacation of easements established with the original Huering Meadows Commons Final plat to be replaced with the approval of the new Kingston Crossing Final plat; and WHEREAS,the Albertville City Council has received the Kingston Crossing application materials, final plat and PUD Final Stage construction plans, staff review documents and recommendation, and agrees with the findings and recommendation of the Albertville Planning Commission. NOW,THEREFORE BE IT RESOLVED,that the City Council of Albertville, Minnesota hereby approves the Kuepers Inc. request for an amendment to the Huering Meadows Common PUD, the Kingston Crossing final plat and the Kingston Crossing PUD final stage plans with on the following conditions. Final Plat: The Kingston Crossing final plat dated August 17, 2021 is approved with the following conditions. 1. The submission of Documents that outline the responsibilities for the maintenance and upkeep of the shared facilities (i.e., street, clubhouse, pool, play area, parking area, pond) applicable to each lot. Said documents shall be subject to the review and approval of the City Attorney. 2. Separate from the final plat, applicant must provide a shared access easement for all of the private drives. The easement shall run to all lots within the subdivision and include the property exception in the northeast corner of the plat and the day care lot. 3. Separate from the final plat, the applicant must provide cross access and parking easements that will join Lot 2 and 3 to share the parking and driveways into the sites. The drive way along the south edge of Lots 2 and 3 shall be contained in a cross access easement that includes the day care to the south. 4. The plat abuts County Road 19 and is subject to County review and approval. Applicant shall secure County approval and abide by County conditions of approval. Agenda Page 18 City of Albertville,MN Resolution No.2021-040 Meeting of October 4,2021 Page 3 5. Subject to the City Engineer's review of all lot line easements and easement width over the ponding area and utility corridors. 6. Subject to City Engineer review and approval of the site grading, drainage, storm water management and utilities plans. 7. The applicant shall enter into a development contract with the City outlining responsibility for required improvements and financing of improvements. The Developer shall be responsible for the cost of all off-site improvements to County Road 19 and the 53rd Street/County Road 19 intersection including signalization. 8. The Applicant shall pay a parkland contribution based on City standards for multiple family development associated with the approved final plat. PUD Final Stage: The City approves the Kingston Crossing PUD final stage plans dated August 17,2021, apartment plans dated June 17,2021,townhome plans dated September 8,2021 and clubhouse/pool plans dated July 2,2021 with the following PUD conditions. 1. No occupancy permits shall be issued for the apartments or townhomes without construction of the 53rd Street/CR19 improvements and signalization being completed. Cost of these improvements shall be the responsibility of the developer. 2. The townhome construction shall precede or be simultaneous to the construction of the apartment buildings. 3. Applicant shall provide a detail development plan for the play area and dog park for city approval. Said play area and dog park shall be constructed with the phase 1 development. 4. County approval of the County road access and 53rd Street/CR19 intersection improvements. 5. Private street shall be constructed to City design standards. The private street shall be signed"No Parking." 6. The private street shall be named in accordance with the County's street naming grid. 7. Applicant shall provide documents that outline long-term maintenance and cost sharing for the private street. Said document shall allow the City to inspect and require street repairs if the private street falls into disrepair. 8. All parking stalls throughout the site shall be sized 9 feet wide by 20 feet deep except stall being 9 feet wide and 18 feet deep are acceptable where a 2 foot curb overhang is provided and approved by the City Engineer.. 9. The apartment parking lot shall provide a designated delivery area at the entrance of each apartment building. The designated delivery area shall be designed to accommodate standard size delivery vehicle and the parking lot design shall demonstrate drive aisle widths and turning radii for larger delivering vehicle and move-in trucks. Agenda Page 19 City of Albertville,MN Resolution No.2021-040 Meeting of October 4,2021 Page 4 10. The townhome development shall be redesign to provide a minimum of 30 foot building setback from the west lot line and 15 foot building setback from the private street. 11. The townhomes shall be designed with garages having a minimum floor area of 480 sq. ft. 12. The apartment site plan shall be revised to provide a minimum 30 foot setback from the private street on the west side of the building. 13. The club house and pool design will be reviewed in greater detail with the submission of a building permit application related to emergence access, gate and fence design and pool drainage. 14. Landscape plan to include: a. The trees along the west lot line are to be retained. Applicant will outline tree preservation measures that will be put in place at time of site grading. Inspection of existing trees, removal and replacement of any diseased, damaged, or dead trees. Replacement trees shall be 6+ foot coniferous to provide year round screening. b. The Coniferous trees proposed along the west lot line shall be 6+feet in height at time of planting. c. All areas disrupted will be sodded or seeded. d. The landscape plan illustrates traffic visiability triangles that the private street intersection with public streets. These traffic visibility triangles follow the street curb line. This is not correct. By Code,the traffic visibility triangles must follow the lot and right-of way lines rather than the street curb. The landscape plan and sign placement must be revised to illustrate the correct traffic visibility location and dimensions. The landscape plan shall be adjusted to avoid any visibility obstructions in these triangles. 15. The Site lighting plan dated August 10, 2021. Applicant shall address the following item. a. With the development of the play area and dog park, addition lighting is appropriate for security and safety. The light location and fixture design shall be submitted for City approval. 16. Applicant shall relocate the proposed freestanding sign outside the traffic visibility triangle. The plans must identify if a second sign is proposed for the 53rd Street entrance. 17. The construction plans are subject to the City Engineer's review and approval of the Agenda Page 20 City of Albertville,MN Resolution No.2021-040 Meeting of October 4,2021 Page 5 grading, drainage, storm water management and utility plans. 18. Applicant shall enter into a Development/PUD agreement with the City. Adopted by the City Council of the City of Albertville this 4th day of October, 2021. Jillian Hendrickson,Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 21 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT Kingston Crossings THIS AGREEMENT, entered into this day of October, 2021 by and between Kuepers, Inc., a Minnesota Corporation referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of the real property described in Exhibit A ("Said Plat"), attached hereto and incorporated herein by reference, which real property is proposed to be subdivided and platted for development and which real property is subject to the provisions of this Agreement; and WHEREAS,Developer is proposing to subdivide Lot 2 of the plat of Heuring Meadows Commons, Wright County, Minnesota, into 3 lots with the intention of constructing 26 townhomes on Lot 1 of Said Plat, a 74-unit apartment building and club house on Lot 2 of Said Plat and a 74-unit apartment building on Lot 3 of Said Plat. Said subdivision which is to be governed by this Agreement is intended to bear the name "Kingston Crossings" and shall be hereinafter referred to in its entirety as "Said Plat"or"Subject Property''; and WHEREAS,the City has given final approval of Developer's plat of Kingston Crossings(attached hereto as Exhibit B)contingent upon compliance with certain City requirements including,but not limited to, matters set forth herein; and WHEREAS,the City requires that certain public improvements including, but not limited to, stop lights at the intersection of CSAH 19 and 53rd Street, improvements to CSAH 19 and 53rd Street, sanitary sewer, municipal water, moving of the existing trail, street signs, traffic signs and drainage pond (hereafter 1 Agenda Page 22 "Municipal Improvements")be installed to serve the Development, to be financed by Developer; and WHEREAS,the City further requires that certain on- and off-site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, Private Drive, storm sewer, top soil and sod, grading control per lot, bituminous or concrete driveways, drainage swales,berming, street signs, street lights, street cleanup during project development, erosion control, landscaping, and other site-related items; and WHEREAS,this agreement is intended to replace that Developer's Agreement titled"City of Albertville, Planned Unit Development Agreement, Heuring Meadows Commons, Lot 2"recorded as document number A1426666 at the Wright County Recorder's Office, Wright County, Minnesota; and WHEREAS,this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Planned Unit Development. The Development is hereby allowed to be developed as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to selected items detailed in this paragraph: A. The uses on Said Plat shall be restricted as follows: 1) The uses on Lot 1 of Said Plat shall be limited to 26 residential townhome units in the configuration shown on the attached Exhibits C and D, including the construction and operation of the playground and dog run areas and the parking lot shown on Exhibit C. 2) Uses on Lot 2 of Said Plat shall be limited to a 74-unit residential apartment building constructed substantially as shown on the attached Exhibits C and E, along with a pool, club house and parking lot, all as shown on attached Exhibit C. 3) Uses on Lot 3 of Said Plat shall be limited to a 74-unit residential apartment building constructed substantially as shown on the attached Exhibits C and E. 2 Agenda Page 23 B. Setbacks on Lots 1, 2 and 3 shall be as shown on the attached Exhibit C. C. Lots 1,2 and 3 of Said Plat shall be subject to an easement agreement which shall include provisions substantially accomplishing the following objectives: 1) Lots 1, 2 and 3 of Said Plat shall have full use of the private drive and parking areas on Said Plat extending from 53rd Street to CSAH 19 as shown on the attached Exhibit C (collectively, "Private Drive"), including a shared cross-parking easement for Lot 3 of Said Plat to use the parking lot to be built on Lot 2 of Said Plat. In addition, in the event the City Council deems it necessary, Developer shall allow Lot 1 of Heuring Meadows Commons to also use said Private Drive for ingress and egress, provided that said shall be made in the location shown on the attached Exhibit F. At such time as Lot 1 of Heuring Meadows Commons connects to the Private Drive, said Lot 1 of Heuring Meadows Commons and the lots on Said Plat shall share the costs of maintaining the Private Drive. The Private Drive shall be maintained by the Developer in good repair at all times similar to the manner in which the City maintains its residential streets. 2) At the time the final plat is recorded,Developer shall record an easement agreement at the Wright County Recorder's Office that shall be binding upon Lots 1, 2 and 3 of Said Plat. Such easement agreement shall meet the approval of the City Attorney and the City Engineer, shall provide for access to the Private Drive by Lot 1 of Heuring Meadows Commons at such time as may be required by the City, and shall require the maintenance of said Private Drive in good repair at all times similar to the manner in which the City maintains its residential streets. Said Private Drive shall not be maintained by the City and shall remain a private road. D. The Private Drive shall be constructed by the Developer and shall be signed "no parking" at all times except in the designated parking areas shown on the attached Exhibit C. In the event the Private Drive is not maintained in good repair at all times, the City may, but shall not be required to, maintain said Private Drive and parking areas adjacent to the Private Drive. In such event, the owners of Lots 1, 2 and 3 of Said Plat agree to pay all costs of such City maintenance within 30 days of the mailing of an invoice by the City. If said Owners fail to so timely pay said invoice the City may certify said costs to the County Auditor for collection with the real estate taxes for said Lots on Said Plat pursuant to Minn. Stat. 366.012. If at such time Lot 1 is using the Private Drive,the City shall apportion such costs between the 3 Agenda Page 24 lots according to the relative percentage of their square footage to the total square footage of all lots on Said Plat and Lot 1, Heuring Meadows Commons. E. All storm water from Said Plat shall be conveyed to and drain into the pond to be constructed on Lot 1 as shown on the attached Exhibit G. The owners of Lots 1, 2 and 3 of Said Plat shall maintain said pond at said owner's expense in accordance with all requirements of federal law,Minnesota State law, City ordinance and the reasonable requirements of the City Engineer. The owners of Lots 1, 2 and 3 of Said Plat shall also maintain the storm sewer system in proper functioning order at all times. Developer shall enter into the Stormwater Agreement attached as Exhibit H and shall comply with said agreement at all times. F. Trees, shrubs,berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit I, at such times set forth below: 1) The landscaping abutting the single family residential lots in Block 3 of Heuring Meadows shall be installed within 30 days of completion of final mass subdivision grading,weather permitting; 2) Any other landscaping shown on Exhibit I shall be installed no later than 60 days after issuance of occupancy permits for the buildings closest to such landscaping, weather permitting. 3) Developer shall replace trees and plantings shown on the landscaping plan attached as Exhibit I that become diseased or die from time to time and shall maintain such landscaping screen in good repair at all times. G. Required lot line,road and building setbacks for the lots shall be as shown on the attached Exhibit C. H. Developer agrees that the two 74-unit apartment buildings and the 26 townhome units to be constructed on Said Plat will create a dangerous traffic situation at the intersection of 53rd Street and CSAH 19 unless a stoplight and turn lane improvements are installed at said intersection. Accordingly, to avoid the occurrence of such a dangerous situation, Developer agrees that no occupancy permits shall be issued for any residential units on Said Plat until stoplights are installed at the intersection of CSAH 19 and 53rd Street and the accompanying street improvements recommended in the traffic study conducted by SRF dated December 2, 2019 and on file with the City Clerk (collectively, "Stoplight Improvements") are installed. Developer shall be responsible for the cost of the installation of such Stoplight Improvements. Developer shall provide 4 Agenda Page 25 the City with a letter of credit securing the payment of the cost of said Stoplight Improvements as required by paragraph 4 of this Agreement. The City shall construct said Stoplight Improvements so long as adequate funds to pay for the Stoplight Improvements have been provided in the letter of credit and remain available in Developer's letter of credit required by paragraph 4 of this Agreement. Developer has requested that the City construct the Stoplight Improvements which the City may determine not to construct if the Developer has not first provided the City with a letter of credit in at least the amount of the estimated cost of installing the Stoplight Improvements as estimated by the City Engineer. Nothing in this Agreement shall prevent the City from installing the Stoplight Improvements at any time(regardless of whether Developer has applied for a building permit and provided the required letter of credit) and special assessing some or all of such costs to the benefitting properties in accordance with Minnesota Statutes Chapter 429, which may include all lots on Said Plat. In such event,the Developer shall be bound by the Waiver of Objection to Special Assessment attached hereto as Exhibit K. L Developer may commence construction on the apartment building on either Lot 2 or Lot 3 of Said Plat upon issuance of a building permit for such construction, provided, however, that no occupancy permit shall be issued for any units in said apartment buildings until all 26 townhome units are constructed and occupancy permits have been issued for all 26 townhome units. J. Developer shall, at Developer's expense, construct the pool and clubhouse in the locations shown on Exhibit C. All such construction shall be completed prior to the issuance of an occupancy permit for the second 74- unit apartment building to be constructed on Said Plat. Developer shall maintain the clubhouse and pool in proper working order. K. Developer shall, at Developer's expense, construct a playground and dog park in the location shown on the attached Exhibit C and with the equipment shown on the attached Exhibit L. Said playground and dog park shall be constructed prior to the issuance of occupancy permits for any residential units on Said Plat. Both the playground and dog park shall be maintained in proper working order by the Developer and shall be open to all tenants residing on Said Plat. L. In the event the ownership of Lots 1, 2 or 3 is ever split between more than one owner (i.e. with one party owning one lot and another party owning another lot), prior to the splitting of such ownership the Developer shall 5 Agenda Page 26 execute and record a cross-easement agreement granting the access to the dog park, the playground, the pool and the club house to all residents of Lots 1, 2 and 3, and providing for the division of maintenance costs of such facilities between the owners of Lots 1, 2 and 3. Any such cross-easement agreement shall be subject to the review and approval of the City Attorney and shall be recorded at the Wright County Recorder's Office. M. For a period of two years from the date of approval of Said Plat any modifications to the City's Official Controls shall not apply to Said Plat. At the end of said two-year period, any such modifications to the City's Official Controls shall apply to Said Plat in accordance with Minnesota law. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Kingston Crossings, as prepared by Civil Engineering Site Design dated . 2020 and on file with the City Clerk, said improvements to include installation of water mains, sanitary sewer, right turn lane on CSAH 19 (at the intersection of the Private Drive and CSAH 19), moving of the existing trail, stop lights,street signs and traffic signs. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed prior to the issuance of an occupancy permit for any of the residential units on Said Plat. B. The Developer shall provide the City with record drawings for all Municipal Improvements,consistent with City requirements and subject to review and approval of the City Engineer. Record drawings shall be certified by a registered land surveyor or engineer that all ponds, swales, emergency overflows, and Municipal Improvements have been constructed on public easements. The Developer shall provide such record drawings in both paper and electronic format as required by the City Engineer. C. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. Acceptance shall be by City Council motion or resolution. 6 Agenda Page 27 D. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said Municipal Improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety after providing Developer with 30 days written notice and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. E. The City shall, at its option,have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements and for erosion control work. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off-Site Improvements. A. Developer shall construct all on- and off-site improvements including installation of yard top soil, sod and seed in all yards, landscaping, grading control per lot, bituminous or concrete driveways and parking areas, Private Drive, storm sewer, storm water ponding, drainage swales, berming, parking lot striping, Private Drive and parking lot lighting and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance and this Agreement, and in accordance with the plans submitted by the Developer and approved by the City. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. Said on- and off-site improvements shall be installed prior to the issuance of an occupancy permit for any structure on Said Plat, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. B. Developer shall, at its own expense, be responsible to ensure the following items are installed within the development, all such items to be installed underground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; 7 Agenda Page 28 ii. Natural gas supply, to be provided by Center Point Energy or other such carrier; ill. Telephone service, to be provided by Century Link Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause streetlights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. The Developer shall be responsible for streetlight operational expense for all street lights installed on Said Plat, and said street lights shall be maintained in good repair at all times. C. Developer shall grade Said Plat consistent with the Grading, Drainage and Erosion Control Plan attached as Exhibit J. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan attached as Exhibit J shall be strictly complied with. Developer shall maintain erosion control measures in accordance with MPCA's Best Management Practices at all times during the development of Said Plat D. Developer shall install a storm water retention/water quality pond upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit J. Developer shall provide the City with a perpetual drainage and utility easement over such pond. Said retention pond shall be installed prior to the installation of utilities. Said pond shall be maintained by the Developer of Said Plat. In the event the Developer does not maintain said pond as may be required by law or City ordinance, the City may, but shall not be required to, maintain said pond, in which event the City may certify all such costs incurred in maintaining said pond to the Wright County Auditor for collection with the property taxes for the lots on Said Plat. In such event, the Developer agrees not to contest the certification of said costs to the lots on Said Plat. E. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said On- and Off-Site Improvements and for erosion control work. 8 Agenda Page 29 Developer agrees to pay for all costs incurred by the City during said inspections. 4. Suretv Requirements. A. Prior to the release of the final plat for Said Plat, 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 related to Said Plat under this contract shall be performed. Said letter of credit or surety shall be in the amount of the sum of $ ,representing the following costs: 1) 100% of the estimated cost of the Municipal Improvements ($ ), 2) 100% of the estimated cost of installing the Stoplight Improvements ($300,000), 3) $1,500 per acre for erosion control and off-site improvements on Said Plat($14,880), 3) 50% of the cost of installing the storm sewer and ponding on Said Plat ($ ), 4) 150% of the estimated cost for installing landscaping/screening materials on Said Plat($ ), and 5) 100% of the cost of installing the Private Drive ($ ). B. Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank(the issuing bank must be an FDIC insured bank located within 100 miles of the City of Albertville), and must be available in its entirety to fulfill the obligations of the Developer under this Agreement. The letter of credit to the City shall contain language requiring its automatic renewal prior to December 31 of each calendar year, unless cancellation of the letter of credit is specifically approved in writing by the City. C. The City may draw on said letter of credit or surety after required written notice to complete work not performed by Developer (including but not limited to on- and off-site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred by the City related to the installation of Stoplight Improvements, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this Agreement. Said letter of credit must be maintained by Developer at all times at the level 9 Agenda Page 30 provided in paragraph 4A above or a lesser amount authorized by the City Council pursuant to paragraph 5B below. D. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer shall pay within thirty (30) days of the mailing of said billing said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. E. Developer hereby agrees to allow the City to specially assess Developer's property for any and all reasonable costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. F. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. G. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. H. In the event the Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not 10 Agenda Page 31 dismissed within 60 days, or in the event a court appoints a receiver for the Developer, the City may draw on its letter of credit or surety in its full amount to secure its surety position. The City shall then release the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement. 5. Suretv Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or on- and off-site Improvements, and/or landscaping improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements and on- and off-site improvements and landscaping improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty(30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on- and off-site improvements have been installed,the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. ill. When all or a portion of the landscaping improvements have been installed pursuant to the Landscaping Plan attached as Exhibit I, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of such landscaping improvements installed, except the City shall retain the letter of 11 Agenda Page 32 credit or surety in the amount of 25% of the estimated Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. ill. As to all requests brought under this paragraph,the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. Upon 1) installation of all Stoplight Improvements; and 2)the City has been fully reimbursed by Developer for the cost of installing the Stoplight Improvements, the City shall reduce the letter of credit by 100% of the estimated cost of the Stoplight Improvements as set forth in paragraph 4.A of this Agreement. D. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty(30) days of billing. 6. Abandonment of Proiect- Costs and Expenses. In the event Developer should abandon the proposed development of Said Plat, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to in this paragraph. 7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional 12 Agenda Page 33 costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat. In addition, Developer shall reimburse the City for all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting the improvements required to be installed on Said Plat, as well as any costs of enforcing this Agreement as it pertains to Said Plat, including the City's court costs and reasonable attorney's fees. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 8. Sanitary Sewer Trunk Line, Water Trunk Line, and Storm Water Connection Fees. A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay $2,055.00 per acre and $1,925.00 per acre respectively, upon development of said Plat. There are 9.92 acres in Said Plat to which the Trunk Charges apply, which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for Said Plat are $39,481.60 ($20,385.60 in sanitary sewer trunk line fees calculated as $2,055.00 x 9.92 acres and $19,096.00 in water fees calculated as $1,925.00 x 9.92 acres). Said fees shall be due prior to the release of the final Plat by the City. B. Developer agrees that the City's Storm Water Connection ordinance currently requires the Developer to pay a storm water connection charge of$1,500 per acre and shall be due prior to the release of the final Plat by the City. That charge shall be $14,880, calculated based on 9.92 acres times $1,500 per acre. 9. Erosion and Sediment Control. Developer shall implement all erosion control measures on Said Plat detailed in the Storm Water Pollution Prevention Plan("SWPPP") and on the Grading and Drainage plan(including construction of all temporary and permanent ponds) in the order required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City Engineer, and shall abide by all erosion control requirements contained in the Albertville Subdivision ordinance and as required by the NPDES Construction Stormwater Permit for the project. The parties recognize that 13 Agenda Page 34 time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and/or the requirements of the NPDES Construction Stormwater Permit, the City may take such action as it deems appropriate to control erosion, and the landowner hereby grants the City permission to enter upon Said Plat and take such necessary erosion control actions. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs or may specially assess the lots in Said Plat for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the development is in full compliance with the erosion control requirements. 10. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Said Plat may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 11. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage or repairs which may occur to public property including but not limited to streets, street sub- base,base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the construction activity which takes place during the development of Said Plat, including the initial construction of townhomes or the apartment buildings on Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of said construction that takes place in on Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. 14 Agenda Page 35 If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up,repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty(30) days, then the City may specially assess such costs against the lots in Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorney's fees incurred by the City as a result of such legal action. 12. Temporary Easement Rights. Developer shall provide access to Said Plat at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land, shall be recorded against the title to Said Plat and shall bind future owners of the lots in Said Plat. 15 Agenda Page 36 F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work on Said Plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on Said Plat, Developer shall provide the City with evidence of good and marketable title to all of Said Plat. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. L The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. J. Developer shall obtain all required driveway, utility and other permits as required by the City Engineer, Wright County and/or the State of Minnesota for the construction of the Municipal Improvements and the On- and Off-Site Improvements. 14. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty(30) days mailed notice thereof(via certified mail), and if such default is not cured within said thirty(30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty(30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without 16 Agenda Page 37 notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 14(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent,reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good-faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 14A of this section shall not apply to any acts or rights of the City under the preceding paragraph 4G, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 15. Shared Private Drive and Access to Wright County Highway No. 19. A. Developer shall permit the owner of the property abutting on the north and east property lines of Said Plat and currently assigned Wright County Property Identification Number 101500024100 ("North Property") to use the Private Drive for ingress to the North Property provided that: 1. The City requires that Developer provide access to the North Property via said Private Drive. 2. The owner of the North Property agrees that the costs of 17 Agenda Page 38 maintenance and repair of that portion of the Private Drive shown on the attached Exhibit L which is located on Lot 1 of Said Plat shall be shared between the owner of the North Property and the Developer (and the owner of Lot 1, Heuring Meadows Commons if such lot accesses the Private Drive as shown on Exhibit F) on the basis of the relative percentage of the square feet of the North Property to the sum of the entire square footage of Said Plat and the North Property(and including the square footage of Lot 1 of Heuring Meadows Commons if such lot accesses the Private Drive as shown on Exhibit F). The Developer and the owner of the North Property may alter this cost sharing formula by mutual written agreement. 3. The owner of the North Property agrees it will not prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Private Drive nor shall any other conduct, passive or active, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the shared Private Drive for the purposes permitted herein. However, in no event shall the North Property owner allow any construction- related traffic that will cause damage to the shared driveway to utilize the shared driveway, nor shall any owner allow traffic to use said shared driveway which has a weight rating which exceeds the weight rating for which said shared driveway was designed and constructed. 4. The Developer shall enter into an easement agreement with the owner of the North Property in substantially the same form and substantially the same terms as shown on the attached Exhibit N, provided the owner of the North Property agrees to enter into said easement, and provided that the Developer and the owner of the North Property may enter into a different easement agreement, provided such agreement provides full, unrestricted access to the North Property from CSAH 19. B. In the event the City requires that that Developer provide access to the North Property via said Private Drive, the City shall determine at which point or points shown on Exhibit M such access shall be granted. 16. Dedications to the City. 18 Agenda Page 39 A. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to Said Plat, and upon completion of all construction work and certification of completion by the City Engineer,shall dedicate the pond and all sanitary sewers and water mains that are located in a drainage and utility easement as shown on Said Plat to the City. Upon acceptance of dedication,Developer shall provide to the City"As-Builts"of all sewers and water mains and the pond. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. The Developer shall be required to maintain the storm water pond as required by paragraph 1.E above. B. Park Dedication. Developer shall satisfy its park dedication requirement for Said Plat under the City's subdivision ordinance with the payment of$574,200.00 in park dedication fees, calculated as 174 residential units times $3,300 per unit. Park dedication shall be paid prior to the release of the final plat by the City. 17. Administrative Fee. A fee for City administration of this project shall be paid prior to the release of the final plat by the City. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements within the Plat. The administrative fee for this Plat is $ , calculated as 3.5% x $ estimated Municipal Improvement cost as of the date of this Agreement. 18. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 19. Assignment of Contract. The Developer can assign the obligations of the Developer under this Contract. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 20. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 21. Professional Fees. The Developer will pay all reasonable professional fees 19 Agenda Page 40 incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorneys and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither parry is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Kuepers, Inc. 25. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, 20 Agenda Page 41 By Jillian Hendrickson Its Mayor By Kimberly A. Hodena Its Clerk KUEPERS, INC. By Its STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of October, 2021, by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of October, 2021,by Kimberly Hodena, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 21 Agenda Page 42 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of October, 2021, by , as of Kuepers, Inc. Notary Public DRAFTED BY: Couri & Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 763 497-1930 22 Agenda Page 43 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lots 1, 2 and 3, Block 1, Kingston Crossings, City of Albertville, County of Wright, State of Minnesota. 23 Agenda Page 44 EXHIBIT B Final Plat EXHIBIT C Site Plan EXHIBIT D Townhome Plans EXHIBIT E Apartment Plans EXHIBIT F Connection to the Private Drive from Day Care Property EXHIBIT G Storm Sewer Utility Plan EXHIBIT H Storm Water Agreement EXHIBIT I Landscape Plan EXHIBIT J Grading, Drainage and Erosion Control Plan EXHIBIT K Assessment Waiver EXHIBIT L Playground Equipment 24 Agenda Page 45 EXHIBIT M Portion of Private Drive Subject to Shared Costs with North Property EXHIBIT N Easement Agreement with North Property 25 Agenda Page 46 js a � a 8 �.E.E R �, x � a a fi � � -sm 23, i au z 0.0 10, 0) (n o Ilu 12lo z 0 d8 3. IN— :2 Z ] NryN s� LL. 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I se �K(NGEIKNGSTON LANEo a t • saz •• ^P o r�-- -- � �" • m I I mo ' II oS _ IIo V IINM s\ _ zII I O -^ J P.m tq SII gri II S� m61J _ _ .. �n I m+ri 'll II c i-➢ N m8 Ilii li ! eN ___mu 2 „^�/ a� Il yey a A:t om m`6,`SHS ��:', •u ;t � u - mO !nII u xe�• 8=z=_,- xll og I n g - V ! — gzz�z� I IBE' ➢� I 15a li 3 li -- .a I n o- �NVa v 191- o � I I d ZI / o o� a mmmmma - ------------- ---- ��e --- � cn _ - t egeoeas anti 1. 01 _ •v 0� m�N-t IIII eSF y "'_ o =ax m I , I o �3mm I IIS q _ - =mH f— �`> ggm go`r`dHmx - am a l— dog' S mmHv�mg II - Mf=F =m$ m ----L—� fi —96z -- - - — „�-gV> SSS &m 't x. s, I x° ga ra'Rrr mm;o_ CSAH 19 - (LaBeaux Ave.) co -- --- - - - - - - -- �m777 - D - y m C - D O O vmi O v T o�A Gm �o N - - oA - - 1 c o -M A ^ m 08/17/21 REwsroRs nere+ '/v mw etia N++.wLvmn°r•spare a1E w��%..•°.,a*. •a as }Y�. - � l 11 � �^° ^°•° KINGSTON CROSSINGS RESIDENTIAL DEVELOPMENT PROJECT aRawR er SD 3 / , O mrc: na/aa/soul pp Ra, ,3 y� \_/�1 m PRFP,wm Br: CIVIL aNCIN66RINC Albertville, Mi--t. O F A pE<nu�n BY SD SITEDESICN =-'' -aO l �trimRr succrmn suisM ?a oa s s� PUD AMENDMENT [nECI(Ea 9Y SD eo `eor e s STORM SEWER UTILITY PLAN 30 A en�la°f�a°°e 54 EXHIBIT H (Reserved for Recording Data) STORMWATER MANAGEMENT AGREEMENT This AGREEMENT made this day of April, 2020, by and between the CITY OF ALBERTVILLE, a Minnesota municipal corporation (hereinafter referred to as the "City") and Kuepers, Inc., a Minnesota corporation, (hereinafter referred to as the "Developer"). WHEREAS, the Developer is the fee owner of certain real property situated in the City of Albertville, County of Wright, State of Minnesota legally described as: Lots 1, 2, and 3, Block 1, Kingston Crossings, Wright County, Minnesota. (hereinafter referred to as the "Subject Property")which the Developer has obtained the approval of the City for the development thereof; and WHEREAS, the City has required that the Developer make provision for the construction, maintenance and repair of the Pond ("Stormwater Pond") located within the boundaries of the Subject Property as shown on Exhibit"A" attached hereto, as the same is described and depicted in those certain construction plans drawn by Civil Engineering Site Design, ("Plans"). WHEREAS, the City and Developer desire to set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Pond and the responsibility relating to the costs of the repair and maintenance of the Stormwater Pond. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction and Maintenance of Stormwater Pond. The Developer agrees to construct the Stormwater Pond according to the Plans and repair and maintain the Stormwater Pond at its sole cost and expense. Maintenance of the Stormwater Pond shall mean (i) monthly inspections of the Stormwater Pond and, if necessary, removal of all litter and debris, and replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy 1 Agenda Page 55 functioning plant life therein; and (ii) an annual inspection, and certification, by a qualified individual or company acceptable to the City that the Stormwater Pond is functioning in accordance with the approved plans and have maintained the proper operation of the stormwater treatment as a Stormwater Pond according to the City Standards. If, as a result of an inspection by a qualified individual or company acceptable to the City or City staff, it is determined that the Stormwater Pond (1) has not been maintained; or(2) is not functioning as originally designed and intended; or(3) is in need of repair, the Developer agrees to restore the Stormwater Pond so that it functions as it was designed and intended. The Developer further agrees that they will not use the Stormwater Pond for snow storage and will inform its snow removal contractors of this provision of the Agreement. Developer shall be solely responsible for the repair and maintenance of the Stormwater Pond. 2. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, following at least thirty (30) days prior written notice and Developer's failure to cure such default within such time-frame, except in an emergency as determined by the City, the City may, at its option, perform the work and the Developer shall promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse the City for any reasonable out-of-pocket expense incurred by the City. This Agreement is a license for the City to act when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court order for permission to enter the Subject Property. When the City does any such work, the City may, in addition to its other remedies, assess the reasonable out- of-pocket cost in whole or in part to Said Lot 2, Block 1, Heuring Meadows Commons to be collected with the property taxes of said lot. Developer shall not object to said assessment provided the City assesses only such costs as the City actually incurred in maintaining said pond. 3. Terms and Conditions. This Agreement shall run with the land and shall be binding upon Developer's successors and assigns with respect to the Subject Property. The terms and conditions of this Agreement shall be binding upon, and shall insure to the benefit of, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. CITY OF ALBERTVILLE Jillian Hendrickson, Mayor Kris Luedke, City Clerk 2 Agenda Page 56 KUEPERS, INC.: BY: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2021, by Jillian Hendrickson, the Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2021, by , the City Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2021, by the of Kuepers, Inc. NOTARY PUBLIC 3 Agenda Page 57 Drafted by: Mike Couri Couri & Ruppe Law Office P.O. Box 369 St. Michael, MN 55376 763-497-1930 4 Agenda Page 58 EXHIBIT "A" Attach Drawing of Stormwater Pond s Agenda Page 59 r mn I I I I I I '-�a�� II;' —.��!J ai� I o I 1 � _ �il= Ig r� � ��� � ,�i Ixo � �� A o� °•a I e I � / d /j — Ii '=2q W "ia 3 ' m n CSAH 19 — � ,w�, (LaBeaux Ave.) -- I I i _ _ �iai _ O IS co A ozfn zs°a '=I i`=ffl� X a i Z o O m X w O yy q $ aA� �rlatg�l'1;:"rxsp° ejga5 ,,,fe� pr;E 7";Py; s IIPa czi➢NA���y S° -1. vi1 R„ap?,z,`..°i?y` :$: - _ pm mmz>= �N e =9a'i;i.s;€i's1� € ,•1;,'s € ; '��=s ash s i'sgg_-i4� t - - - _- a � - ` Da; o` T— NW c 1` 5 SIiF 4i -- s dz�5 n$5 a Lu- 08/17/21 o ^ o "•' KINGSTON CROSSINGS �-.... a \ 1 aenum er SD e RESIDENTIAL DEVELOPMENT PROJECT - �y a1_ o aa�: naio9izoz, a,�.az,. ea3 c H� \f`/\ m PIRPMOt BY' CIVIL ENCINEERINC48 Afi-Hieft,A$—f. N ➢£SIGNED BY SO SITE D-- —3 Q ` A rig vo e°.Sse PUD AMENDMENT _ r j cnEc er SD /aNrzoNru sr ' vExncaE scar ' ”" ""'° s s' LANDSCAPE PLAN r�; eo ' A enda63aye 60 1SITE TREE PLANTINGS — — — _ -- —ss,= x0 II \I x0 � m mz sss . +53 � p KINGSTON LANE 9N _0 �o bNGSTON LANE Z y I I E r IPANATE oaNE) r � FIVA E�FNE) � m i yGJ F I \ v 6 vs spun 9 ➢ ,._. I 4 ems/ { � _.+�oiwb � z. psi 0 APARTMENT BUILDING 74 UNITS WITH UNDERGROUND 1 \I o PARKING o oe\ 1 1 `\ �/ � I I sm� G a n O mil � 2 Kyler -- --, my psi --�— r/. Avenue �S m Q N e oo= , I g ti 0 / N 11 N\ y I — A — — — (a r � I u I _ \ I APARTMENT BUILDING — o II h V 74 UNITS WITH UNDERGROUND PARKING _ E \ _ 18 RCP W�, CSAH 19 v PLAT N0. 5� v ' (LaBeaux Ave.) m v m m m z G) 0o m m Z X J m _ D z N yrD m z z z a coo D m r m o$ p O m a= z m D Ra D z (nzn a o o z -- x z N N m ` 08/17/41 o ^ o "•' KINGSTON CROSSINGS �-.... a \ � oanum er m d Saro.�na RESIDENTIAL DEVELOPMENT PROJECT 24348 c H� \f`/\ m PIRPMm BY' CIVIL ENCINEERINCAIb.Hft.A$Hro80}d N t!£S�GNED Br SO SITE D6SICN —3 N ore".ss= s= - PUD LANDSCAPE PLAN r j cncc er SD 'aRrzoNru scar v&encaL scar LANDSCAPE PLAN e r s ooa n A endiPii a 61 POUNDATION SHRUB PLANTINGS v� S F o a _ , o o F �z v \II x0 iii 6• I m0� I x0 xo x IINSGEo NEN °���� z > i . ti�f—14NGSTON LANE (PRIVATE (".,E-VE) N� — «. 74 UNITS WITH (,JIB �� �,I� _ 9 �� O UNDERGROUND - PARKING O gam D ��(_ 1 III �9I ANG) 96 3 ori z ati o i 10 �- �z — — — — 1 / — — — Z x I APARTMENT BUILDING W-o 74 UNITS WITH \ UNDERGROUND \ PARKING O �s uO 18"ftCP —- _ �rz. ------ C Z W= CSAH. 19 -- z o z (LaBeaux Ave.) o 0 D D O OD V) O m m z 00 X wv Z w O T mw- �� xoti - co n r aA- o n D D cDoz _ r o m z D�j5 m z D m m z Qa z 59 z N - 08/17/41 `.o+ , `d,.�m ` o��em x o ^ o "•' KINGSTON CROSSINGS �-.... a \ � oanum er m d Saro.Jna RESIDENTIAL DEVELOPMENT PROJECT \f`/\ m PIRPMtD BY' CIVIL ENCINEERINC48 Afi-H}M.,116--}d N t)£SLGNED BY SO SITE D6SICN —3 O A -M voNeo.sss ss 3 E-------- Pw AMENDMENT r� 'amrzoNru scarncaL scar — e— CnEC F9 Br SD LANDSCAPE PLAN b ket ket FOUNDATION SHRUB PLANTINGS A enda63�'a°�e 62 —_— III P_ I — TO KINGSN LANEaNGsTON I Z N ryaNaiE oaNH I I o I ��'° ^ _ •° � "D LEOF - Z �~ o S,- / le aEFE-96 BLOC F sem\ EE=95z77 GAR=955.E0 01 T,° \ "S, GA �e a� g° , KY ler '" x m\ } N a Avenue II �a" Z � I gy (� - w II al e — (D g o�" PROPOSED BLDG / /\ EEE-9LL NI GAR-955 55.7 I II �- sq a�— -- --- -- - - --- — __— 17/ \` �✓ow",✓ai J,�\ �f, xu-svz -WRI, CSAH 19 1 PLA,NO. s (LaBeaux Ave.) m- - AVE N. lore sj 0 - c T m _ moo-- < 3` - 3 -_- _ - - - D ^�D N - - - - - m D a - 5mj 1 = - _ _ m G - 33� 3 - Z - _ - - - - Gni 59 E a cA N C a— 08/17/2, g KINGSTON CROSSINGS r aeAum�, So d Sd.�7.tAa RESIDENTIAL DEVELOPMENT PROJECT - O !D PIRPMm�' CIVIL ENCINEERINC48 AlbertWb.M$Hro80}d �1 `b O' N C££GNED BY SO SITE D6SICN --� ' A NCRIZONT SCALEI1CAL SCALE Po eo.Sss PUD AMENDMENT - r� CnECNEO Br SD ORAOM®DfUMAGE PLAN CB• s ` ` A enda�' a°'e 63 b� ----— 0 0 0 I STOATE NANE MNGSTON LANE m di "" P lo - C� I i 18 RCP 9ca i z a _ CSAH 19 - - --- - - - - - (LaBeaux Ave.) -- __ 2 K Q m W -_ o m m74 �v 3s m _ a caA G - 33� N� _ aur 0ei17i21 g KINGSTON CROSSINGS r RESIDENTIAL DEVELOPMENT PROJECT O m PIRPMm�' CIVIL ENCINEERINC48 AlbertWb.M$Hro80}d ' N t!££GNED BY SO SITE D6SICN -� N o eo.sss — 'amrzoNru scarncaL scar PUD AMENDMENT r � cncc�er SD � MB rN e ooa 5 2 GRADING a DRAINAGE PLAN r+�. s ` ` A enda�'�a°a 64 1b� EXHIBIT K AGREEMENT FOR WAIVER OF OBJECTION TO SPECIAL ASSESSMENT ASSOCIATED WITH THE CONSTRUCTION OF A STOPLIGHT AT CSAH 19 AND 53P-D STREET WHEREAS, Kuepers, Inc., the owner ("Owner") of parcels of property known as Lots 1, 2, and 3, Block 1, Kingston Crossings, within the City of Albertville, Minnesota ("Property") is required to pay 100% of the cost to install stop lights and associated street improvements at the intersection of Wright County Highway No. 19 and 53rd Street in Albertville ("Improvements")prior to the issuance of a building permit for the Property; and WHEREAS, the parties desire to address a situation where the City may desire to install said Improvements pursuant to Minn. Stat. Chapter 429 prior to the Owner applying for a building permit on the Property; and WHEREAS, Owner recognizes that the installation of the Improvements will improve the flow of traffic to and from the Property and benefit the Property. NOW, THEREFORE,the City of Albertville and Owner agree as follows: 1. In the event the Owner applies for a building permit for any residential unit or units on the Property, and provides the City with a letter of credit acceptable to the City in the amount of the City Engineer's estimated cost of the Improvements, the City shall construct the petitioned for Improvements pursuant to the plans and specifications prepared by the City Engineer for the Improvements. 2. In the event the City desires to install the Improvements before the Owner applies for a building permit for any residential unit or units on the Property, the City may install such Improvements pursuant to Minn. Stat. Chapter 429 and special assess the costs of such Improvements to the benefitting properties. In such event, Owner agrees to the following: 1 Agenda Page 65 a. Owner hereby knowingly and voluntarily waives any objection to said assessment levied against the Property in an amount up to $108,000. Specifically, Owner acknowledges that the Improvements will specially benefit the Property in an amount at least equal to $108,000 and hereby waives any right to appeal or challenge an assessment in the amount up to $108,000 pursuant to Minn. Stat. §429.081, or any other statutory, common law, or Constitutional provision. b. In the event that the special assessment levied against the Property exceeds $300,000, Owner shall have the right to appeal from the difference between $300,000 and the actual assessment amount levied against the Property. 3. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. Dated: , 2021 CITY OF ALBERTVILLE KUEPERS, INC. Jillian Hendrickson Kuepers, Inc. Mayor By: Its: Kris Luedke City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2021, by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 2 Agenda Page 66 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2021, by Kris Luedke, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) s.s. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2021, by as of Kuepers, Inc. SIGNATURE OF NOTARY This instrument was drafted by: Couri & Ruppe, P.L.L.P. P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 3 Agenda Page 67 EXHIBIT L .y=ryn�,11 T N N W 1 X r A l V J 'Q �.1 n J •7 ty N n o 111 p a �!!! Ell Mal eel N �J b V 2i fit it I s o Agenda Page 68 EXHIBIT L h�S i� Agenda Page 69 EXHIBIT M LOCATED IN THE PLAT OF HEURING MEADOWS COMMONS CITY OF ALBERTVILLE, WRIGHT COUNTY, MN SHEET 1 OF 2 SHEETS rr �- fb8.b8•- + `-AN EASTMY LIW i' OF for 2. BLOCK I I i Lfr r .— — ----{ �g H�D'f10�SIC. (� -�Ot�SED L�15E►bM, '''� � � A NOR11E,lSIERLY r FOarT'A�" / amat Or Lot 2. a 1 i qN i ti• r ++ w i5-(19'20'15' Ir I 4 90'00'00"N+ •252.06-- -- i ` r I W, I -- --- -' \ -N 91700170"C` \ •`' ! -YOSI-CiISfCRLY(AIC^. ,DF o;f'BI.00t +-, 2 ALiO llC$t[%Y LWE or AVE" I q . fl :> ~ ' Lori to f I LQ L�I s°'ir)'rr[Z5r BLOCK oofb�i or LOT c , , W3235*e� _� 144.bo�- L S"LM or LOT 2.BLOCK I r ir-t .`)tn f/'l A fr- n r-\ Ar^ t l ,J\;7 r V f er in L..i v v v 0 150 300 DATE: 04/14/2020 RAWN BY: c�tio U • pFILF-IVO.20IA09�+ate GRAPH/C SG4LE IN FEET e I hereby certify (hot this survey, pion, or report was prepared by me or under my direct supervision and that I am a Licensed Land Surveyor under the la++s of the State I/ �LtsJZrL � of Minnesato. 1 LAND a RVICH8 - Date 04/14/2020 L 708 167 Av6NVg Nf3.01 Trace C. McCoy Qu"A..o.MN8 1831 s License No. 4453t PN 7453.68$.1781 vVwW.PARYEERRON4N.COM Agenda Page 70 EXHIBIT M LOCATED IN THE PLAT OF HEURING MEADOWS COMMONS CITY OF ALBERTVILLE, WRIGHT COUNTY, MN SHEET 2 OF 2 SHEETS PROPOSED EASEMENT A 30.00 foot wide easement over that part of Lot 2, Block 1, HEURING MEADOWS COMMONS, according to the recorded plat thereof, Wright County, Minnesota. The centerline of said easement is described as follows: Commencing at the southwest corner of sold Lot 2. thence North 89 degrees 32 minutes 55 seconds East, plot bearing, a distance of 144.00 feet to the point of beginning of the centerline to be described; thence North 00 degrees 00 minutes 00 seconds East, along said centerline, also hereinafter referred to as line A a distance of 902.87 feet to a point hereinafter referred to as 'Point A', thence continue North 00 degrees 00 minutes 00 seconds East, a distance of 142.00 feet to the point of termination of said line A'; thence North 90 degrees 00 minutes 00 seconds East, a distance of 168.68 feet to an easterly line of said Lot 2 and terminating thereat. The side lines of said easement shall be lengthened or shortened to terminate at the boundaries of said Lot 2. and A 30.00 foot wide easement over that port of Lot 2, Block 1, HEURING MEADOWS COMMONS, according to the recorded plot thereof, Wright County, Minnesota. The centerline of said easement is described as follows: Beginning at said 'Point A . thence North 90 degrees 00 minutes 00 seconds East, a distance of 167.04 feet to an easterly fine of said Lot 2 and terminating thereof. Except (hot part lying within 15.00 feet of sold line A'. The side lines of said easement shall be lengthened or shortened to terminate at the boundaries of said Lot 2. and An easement over that part of Lot 2, Block 1, HEURING MEADOWS COMMONS, according to the recorded plot thereof, Wright County, Minnesota, described as follows: Commencing of the northeast corner of Lot 1, Block i of said HEURING MEADOWS COMMONS; thence North 00 degrees 39 minutes 42 seconds East, plat bearing, along the most easterly line of said Lot 2, also being the westerly line of Labeoux Avenue N.E., o distance of 458.58 feet to the point of beginning of the easement being described; thence continue North 00 degrees 39 minutes 42 seconds East, along the most easterly line of said Lot 2, a distance of 40.83 feet to a northeasterly corner of said Lot 2: thence South 89 degrees 20 minutes 15 seconds West along a northerly line of said Lot 2, o distance of 232.06 feet to o corner of said Lot 2: thence South 00 degrees 39 minutes 02 seconds West, a distance of 8.14 feet: thence South 90 degrees 00 minutes 00 seconds West, a distance of 150.13 feet to a line parallel with and 15.00 feet east of said line A . thence South 00 degrees 00 minutes 00 seconds East, o distance of 30.00 feet to a line bearing South 90 degrees 00 minutes 00 seconds West from the point of beginning; thence North 90 degrees 00 minutes 00 seconds East, a distance of 381.80 feet to the point of beginning. NO TE: As of the dote on this drawing, the proposed plot of HEURING MEADOWS COMMONS has not yet been recorded. The above description will not be valid until the plot is recorded. DATB: 04/14/2020 DRAWN BY:AAN FILE NO.20108 I hereby certify that this survey, plan, or report prepared by or under my direct supervision and that I am o Licensed r Land Surveyor under the laws of the State f/ of Minnesota. LANG SEPI V IGES Date 04/10020 7001 R AvxNuQ NE,01 Trace C. McCoy BUI-FAL.O,MN 613313 PH.763.682.1781 vvvnW.M6YQRR0HUN.00i,I License No. 44531 Agenda Page 71 EXHIBIT N (Proposed) EASEMENT AND MAINTENANCE AGREEMENT This Easement and Maintenance Agreement is conveyed effective this day of 20 ,by and between[insert owner of Lot 21(the"Grantor")to and insert owner of North Parcell (the"Grantee"). RECITALS RI. Grantor is the fee owner of the Property legally described as Lot 2, Block 1, HEURING MEADOWS COMMONS,Wright County,Minnesota(the"Burdened Property"); R2. Grantor desires to grant and convey a non-exclusive easement for use and access as a private roadway over,across and upon portions of the Burdened Property for the benefit of the owners and occupants of that property legally described on Exhibit A, attached hereto (the"Benefitted Property"),subject to the terms and conditions set forth herein; NOW,THEREFORE, for good and valuable consideration, receipt of which is acknowledged,Grantor and Grantee agree as follows: 1. Grant of Casement. Grantor does hereby grant and convey to Grantee the following perpetual,appurtenant easement over,across and through the Burdened Property(the "Easement"): A non-exclusive easement for vehicular and pedestrian access, ingress and egress over and across the private roadway(the"Private Roadway"),now or hereafter constructed and subsequently improved and maintained for such use on that portion of the Burdened Property legally described and depicted on the attached Exhibit B(the "Private Roadway Easement Area") in favor and for the benefit of the owners and occupants of the Benefitted Property. 2. Installation of Improvements. Grantor shall install and construct the Private Roadway within the Private Roadway Easement Area subject to,and in accordance with,all applicable codes and ordinances. 3. Maintenance of Improve encs. The Grantor shall be responsible for the maintenance, repair and replacement("Maintenance")of all improvements within the Private Roadway Easement Area,to the extent deemed necessary and desirable by the Grantor,or upon receipt of written notice to complete specified maintenance,from the City of Albertville. "Maintenance"shall include,without limitation,patching and resurfacing,parking lot striping, private street lighting,and removal of ice and snow. The Grantor shall(i) perform its obligations hereunder in a good and workmanlike manner using materials and construction methods that are of a quality and character consistent with or better than the original construction of said improvements;(ii)maintain and operate the Private Roadway in serviceable condition;and(iii)comply with all laws,rules,orders, 1 Agenda Page 72 ordinances, regulations and requirements now or hereafter enacted or promulgated by any federal, state,or local or other governmental body or agency having jurisdiction with respect thereto. 4. Liability Insurance. The Grantor shall obtain and maintain comprehensive public liability insurance covering the use,operation and Maintenance of the Private Roadway, in form and amounts deemed appropriate by the Grantor. Any such policy shall name the owners of the Connected Lots(defined below)as additional insureds. The cost of any such insurance coverage shall be included in the"Shared Costs", set forth below. S. Additional Benefitted Pro ert . Grantor and Grantee herby acknowledge that Declaration and Grant of Easements, filed with the Wright County Recorder as Document No. , which grants casement rights for vehicular and pedestrian access, ingress and egress over and across a portion of the Private Roadway Easement Area, to Lot f, Block 1, Heuring Meadows Commons, Wright County, Minnesota("Lot I"). (following paragraph to be included only if the Lot 1 Access has not yet been completed at the time of recording of this easement) 6. Lot I Access. The City of Albertville Planned Unit Development Agreement, Heuring Meadows Commons, for Lot I and Lot 2 require that, upon receipt of written notice from the City of Albertville, the Owner of Lot I ("Lot I Owner") shall construct a private drive on Lot I that provides vehicular access directly from Lot 1 to the Private Roadway (the"Lot I Access"), at the sole cost and expense of the Lot l Owner. Construction of the Lot 1 Access shall be deemed completed upon issuance of a certificate of completion or similar documentation by the City of Albertville. Upon completion of construction of the Lot 1 Access, Lot l shall be considered a"Connected Lot". 7. Shared Costs. a. The Grantor,the Lot I Owner and the Grantee,as applicable, shall be solely responsible for any damage to the Private Roadway that is caused by the act or omission of such owner,or such owner's tenants,licensees, guests or invitees. b. For purposes of sections 7 and 8, herein, the Benefitted Property shall be considered a"Connected Lot." [Alternate language to be used ifthe Lot 1 Access has already been completed: For purposes of sections 6 and 7, herein,the Benefitted Property and Lot I shall each be considered a"Connected Lot."] c. The costs of Maintenance and liability insurance of the Private Roadway ("Shared Costs") shall be allocated among Grantor and a Connected Lot based on the relative percentage of square footage of Lot 2 and each Connected Lot to the total square footage of Lot 2 and each Connected Lot. 8. Assessments for Shared Costs/Lien. a. Within thirty(30)days after recording of this Easement and Maintenance Agreement,and annually thereafter,the Grantor shall prepare a budget of estimated Shared Costs for the subsequent year, together with an accounting of 2 Agenda Page 73 the actual Shared Costs incurred during the preceding calendar year(if applicable). The Grantor shall make appropriate adjustments for differences between estimated and actual Shared Costs from the prior year,and shall then allocate the Shared Costs for the subsequent year among the Connected Lots according to Section [TBD], above. A Connected Lot's share of the Shared Costs shall be referred to as an "Assessment". b. The Grantor shall levy an Assessment by mailing notice to the owner of the Connected Lot of its total annual Assessment, at least thirty(30)days prior to the beginning of the year when Assessment shall be due. The failure of the Grantor to timely levy an annual Assessment shall not relieve the owner(s)of a Connected Lot of the owner's obligation to continue paying Assessment installments in the amount currently levied, as well as any increases in an Assessment that is subsequently levied. c. The entire annual Assessment shall be due and payable in full in advance,on the first day of the year, but,at the discretion of the Grantor, may be paid in monthly, quarterly, or semi-annual installments. d. '[-he owner at the time an Assessment is levied with respect to a Connected Lot shall be personally liable for the Assessment. Such liability shall be joint and several where there are multiple owners of a Connected Lot. e. The Grantor shall have a lien on a Connected Lot for any Assessment levied against such Connected Lot (the "Assessment Lien") from the time the Assessment is levied. If an Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment thereof becomes due. Recording of this Easement and Maintenance Agreement constitutes record notice and perfection of any Assessment Lien under this Section, and no further recordation of any notice of or claim for the Assessment Lien is required. f. An Assessment Lien that is not paid when due may be foreclosed against a Connected Lot in accordance with the procedure for a foreclosure of a mortgage under the laws of the State of Minnesota(i)by action,or(ii) by advertisement as a lien under a mortgage containing a power of sale. The Grantor, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Connected Lot which is the subject of the foreclosure (the "Foreclosed Connected Lot"). The owner and any other person claiming an interest in the Foreclosed Connected Lot,by the acceptance or assertion of any interest in said Connected Lot, grants to The Grantor a power of sale and full authority to conduct and complete the foreclosure of the Assessment Lien. The Grantor shall, in addition, have the right to pursue any other remedy at law or in equity against any owner of a Connected Lot who fails to pay any Assessment against the Connected Lot. g. The Assessment lien under this Section is prior to all other liens and encumbrances on a Connected Lot except(i)liens and encumbrances recorded before this Easement and Maintenance Agreement, (ii)any first mortgage on the Connected Lot,and (iii) liens for real estate taxes and other governmental assessments or charges against the Connected Lot. Notwithstanding the foregoing, if a first mortgage on a Connected Lot is foreclosed, and the first mortgage was recorded on or after the date hereof, and no owner redeems during 3 Agenda Page 74 the owner's period of redemption provided by Chapters 580, 581, or 582 as applicable,then the holder of the sheriff's certificate of sale from the foreclosure of the First mortgage or any person who acquires the title to the Connected Lot by redemption as a junior creditor shall take title to the Connected Lot subject to an Assessment Lien in favor of the Grantor for the unpaid Assessments for Shared Costs which became due, without acceleration, during the six months immediately preceding the first day following the end of the owner's period of redemption. h. Reasonable fees and interest for delinquent payment of Assessments may be added to an Assessment,as well as reasonable attorneys' fees and other costs incurred by the Grantor in connection with the collection of Assessments, including without limitation the foreclosure of an Assessment Lien. 9. Indemnification and Hold Harmless. The Grantor and Grantee shall indemnify and hold each other, and their respective heirs and assigns, harmless from any and all claims, damages,costs and expenses, including reasonable attorney fees and other costs of defense and investigation arising out of or resulting from the use of the Private Roadway Easement or breach of this Easement and Maintenance Agreement by such owner, its tenants, licensees, guests or invitees. 10. Improvements Restricted. No person shall construct or allow the construction or installation of any improvements or the storage or placement of any materials or personal property on or within the Private Roadway Easement Area that would in any way interfere with or otherwise impede the rights herein granted with respect to the Easement. Notwithstanding the above, the Grantor,and its agents, may temporarily store and place materials and personal property within the Private Roadway Easement Area to the extent reasonably necessary to complete the construction and provide Maintenance of the Private Roadway. The Grantor shall have authority to remove any unauthorized improvements, materials or personal property on or within the Private Roadway Easement Area,and to undertake action, legal or otherwise, to enforce the conditions and restrictions contained in this Easement and Maintenance Agreement. 11. Non-Interference. The Grantee agrees it will not prevent,restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Private Roadway Easement Area nor shall any other conduct, passive or active, including but not limited to the parking or storage of vehicles,be permitted which would in any manner restrict the rights of the respective owners of the Burdened Property or Lot 1, their tenants, invitees and licensees to fully utilize the shared Private Roadway for the purposes permitted herein. In no event shall any the Grantee allow any construction-related traffic that will cause damage to the shared driveway to utilize the shared driveway, nor shall any owner allow traffic to use said shared driveway which has a weight rating which exceeds the weight rating for which said shared driveway was designed and constructed. 12. Use Restrictions. The use of the Private Roadway Easement Area shall be expressly limited to the purposes specified herein. Except for temporary and reasonable activities required in connection with Maintenance, no obstruction which would prevent,restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Private 4 Agenda Page 75 Roadway shall be erected,condoned or permitted, nor shall any other conduct, passive or affirmative, including but not limited to the parking or storage of vehicles,be permitted which would in any manner restrict the rights of the respective owners of the Burdened Property or Benefited Property, their tenants, invitees, guests and licensees to fully utilize the Private Roadway for the purposes permitted herein. In no event shall any owner allow any construction-related traffic that will cause damage to the Private Roadway to utilize the Privatc Roadway, nor shall any owner allow traffic to use said Private Roadway which has a weight rating which exceeds the weight rating for which said Private Roadway was designed and constructed. 13. Waiver. No person or entity having or acquiring any interest in the Burdened Property or the Benefitted Property,shall have the right to contest or challenge the Easements,or other restrictions, covenants and conditions set forth in this Easement and Maintenance Agreement on the basis of the passage of time. All such persons and entities,by their assertion or acceptance of any interest in the Burdened Property or the Benefitted Property,are hereby estopped from asserting and shall be deemed to have waived any claim that any provision of this Easement and Maintenance Agreement is invalid or unenforceable in whole or in part due to the passage of time whether such claim arises or is brought forth under Minnesota Statutes Section 500.20, Minnesota Statutes Section 541.023, or any other statute or law heretofore or hereafter enacted. 14. Construction and Binding Effect. The Easements and each and all of the covenants, rights, obligations and restrictions granted,conveyed or established by or under this Casement and Maintenance Agreement are affirmative and negative covenants which shall run with the land and shall be interpreted and construed as integral,essential and non-severable parts of this Easement and Maintenance Agreement. This Easement and Maintenance Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns,and any other persons having or acquiring an interest in the Benefitted Property or the Burdened Property. 15. Applicable Law. This Easement and Maintenance Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. If any portion of this Easement and Maintenance Agreement is unenforceable under Minnesota law, the balance of the Easement and Maintenance Agreement shall remain in full force and effect if enforcement of the remainder of the Easement and Maintenance Agreement is reasonably practicable. 16. NQ Dedication. Nothing herein contained shall be deemed a gift or dedication of any portion of the Private Roadway Easement Area or the Burdened Property to the general public. 17. Non- Merger. The Easement and the covenants and conditions contained in this Agreement shall not terminate or be deemed to have merged into any estate by virtue of any owner, now or hereafter,owning or acquiring title to all or part of both the Benefitted Property and the Burdened Property. 5 Agenda Page 76 18. Duration/Amendment. Except as otherwise specifically provided above, Easements, covenants,restrictions and obligations established hereby shall be effective upon the recording of this Easement and Maintenance Agreement in the appropriate recording office of Wright County,and shall be perpetual unless terminated or modified by an amendment. This Agreement may be amended only with the approval of the owners of the Burdened Property and the Benefitted Property. The amendment shall be reduced to writing, signed by the approving parties and recorded in the same county recording office in which this Easement and Maintenance Agreement is recorded. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement and Maintenance Agreement on the day set forth above. GRANTOR: STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this^day of , 2020, by ,Grantor. Notary Public GRANTEE: STATE OF MINNESOTA } ss. COUNTY OF } 'fhc foregoing instrument was acknowledged before me this_day of , 2020, by ,Grantee. Notary Public 6 Agenda Page 77 EXHIBIT A TO EASEMENT AND MAINTENANCE AGREEMENT LEGAL DESCRIPTION OF BENEFITTED PROPERTY The East 307 feet of the North 355 feet of the Northeast K of the Southeast X of Section 2, Township 120, Range 24, Wright County, Minnesota. Agenda Page 78 EXHIBIT B LEGAL DESCRIPTION AND DEPICTION OF PRIVATE ROADWAY EASEMENT AREA LOCATED IN THE PLAT OF HEURING MEADOWS COMMONS CITY OF ALBERTVILLE, WRIGHT COUNTY, MN SHEET 1 OF 2 SHEETS Emnu LK am I ``• LtgJEM I .lOfit1Y7t7•E 1 r i 1�A11�s1m. \— RAR Ef OF LN 7. W .t r. Sow •'I; :ands . g I C\ I _-130.1,-_�--.TT T, x I om,L 'I �j-�� 1� > e I '1 11061 Usm 110.-, I 1 OF lWLN= 1. 11 2 ALM IIESIEJS►!lE , % IAXAQ VERA w I OF Lm 1.R°°`1 I 5 SaalaEs7 caro I 7, OF LS z aaal 1 MrN of OF LU Lam 1- •L)In r/` . AI-A FN!-,5.r!'^ I !JV 0 t$0 300 OA7C 04/13/2020 DRAWN OV:AN ri�MC 5�£ 111 FEET Fila NO.201 06 1 hmby Certify that 1!1(3 miry. pkm. or report Aal' ole or Udder my 7lrpV dlreerviston fioR aa nd that ! am O Ll[n+fed land Surveyor under Me laro of the 51oty of Alkneaoto. �- 'll LA&4D GURVECE9 � , Date 04/13/202070a tsrAVWJVUKME.a1 Tmce C. McCoy OUpFALO.MN 515313 P—763.602.1761 --r.[ays.R w—coM iicwe H0. 44 1 8 Agenda Page 79 LOCATED IN THE PLAT OF HEURING MEADOWS COMMONS CITY OF ALBERTVILLE, WRIGHT COUNTY, MN SHEET 2 OF 2 SHEETS PROPOSED EASEMENT (EXHIBIT A) A 30.00 foot wide easement over that part of Lot 2. Block I. HEURING MEADOWS COMMONS, according to the retarded plot thereof, Wright County, Minnesota. The centerline of sold eosement Is described as follows: Commencing at the southwest corner of said Lot 2; thence North 89 degrees 32 minutes 55 seconds East, plot bearing, a distance of 144.00 feat to the point of beginning of the centarline to be described; thence Nath 00 degrees 00 minutes 00 seconds East, along said centertino, also hereinafter referred to as Zine A', o distance of 902.87 feet to a point hereinafter referred to as 'Point A . thence continue North 00 degrees 00 minutes 00 seconds East, a distance of 142.00 feet to the point of termination of said Une A'• thence North 90 degrees 00 minutes 00 seconds East, a distance of 168.88 feet to on easterly fine of said Lot 2 and terminating thereat. The side linea of sold easement shelf be lengthened or shortened to terminate at the boundaries of said Lot 2. and A 30.00 foot wide easement over that port of Lot 2, Block 1, HEURING MEADOWS COMMONS, according to the recorded plat thereof, Wright County, Minnesota. The centerfine of said easement is described as follows: Beginning at sold Taint A . thence North 90 degrees 00 minutes 00 seconds East, a distance of 167.04 feet to an easterly line of sold Lot 2 and terminating Ihereot. Except that port lying within 15.00 feet of sold 'Line A' The side lines of sold easement shall be lengthened or shortened to terminate at the boundaries of said Lot Z and An easement over that part of Lot 2, Block I, HEURiNG MEADOWS COWUONS, according to the recorded plat thereof, Wright County, Minnesoto, described as follows: Commencing at the northeast corner of Lot 1, Block I of said HEURING MEADOWS COMMONS; (hence North 00 degrees 39 minutes 42 seconds East, plat bearing, along the most ecsterly fine of sold Lot 2, also being the westerly fine of Lobeaux Avenue N.E., a distance of 458.58 feet to the point of beginning of the easement being described. thence continue North 00 degrees 39 minutes 42 seconds East, along the most easterly fine of said Lot 2, a distance of 40.83 feet to a northeasterly comer of said Lot 2; thence South 89 degrees 20 minutes 15 seconds West along a northerly line of said Lot 2, a distance of 232.06 feet to a comer of sold Lot 2; thence South 00 degrees 39 minutes 02 seconds West, a distance of 8.14 feet; thence South 90 degrees 00 minutes 00 seconds West, a distance of 150.13 feet to o fine parallel with and 15,00 feet east of sold Zine A'; thence South DO degrees 00 minutes 00 seconds East, a distance of 30.00 feet to a line bearing South 90 degrees 00 minutes 00 seconds West from the point of beginning; thence North 90 degrees 00 minutes 00 seconds East, a distonce of 381.80 teat to the paint of beginning. NOTE: As of the date on this drawing, the proposed plot of HEURING MEADOWS COMMONS has not yet been recorded. The above description will not be vadld until the plat is recorded. DATe 04/13/2020 DRAWN BY,AAN FILE NO.,SCO 108 f hereby certify that this survey, pion, or report was prepared by me or under my drect supervfs+on and that 1 am o licensed Land Surveyor under the laws of the State of hihnasoto. t:Bu Date 04/13/2020708 t err AveWunNE.01 Trace C. McCoy //AW?.MN E6113 Pm.7b.9.0W 82-1781 WW.MKTURROMWN.COM License No. 44531 9 Agenda Page 80 NORTHWEST ASSOCIATED CONSULTANTS, MC% 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: September 8, 2021 RE: Albertville — Kingston Crossing PUD Amendment / Final Plat FILE NO: 163.06 — 21.07 BACKGROUND On March 16, 2020, the Albertville City Council approved PUD Zoning, PUD Final Stage Plans and Final plat for Heuring Meadow Commons, a commercial, high density residential and medium density residential land use development on an 11.8-acre site entitled Outlot A, Heuring Meadows. Said site is located at the Northwest quadrant of the County Road 19 / 53rd Street intersection. This Huering Meadows Commons PUD development consists of 26 townhomes, 159-unit apartment building, and a 10,427 square foot daycare facility. (See Exhibit A) The commercial day care element of the project has been developed. Kuepers Inc. has taken over the residential portion of the project and wishes to amend the approved PUD to split the approved apartment building into two separate buildings and add a community club house and pool as a site amenity. The townhome portion of the project proposes larger units with high end amenities. The overall unit count with this amendment has been lower from 185 units to 174 units over the entire site. Attachments: Exhibit A Huering Meadows Commons Approved PUD Site Plan Exhibit B Kingston Crossing Project Narrative Exhibit C Kingston Crossing Site Plan Exhibit D Kingston Crossing Grading Plans Exhibit E Kingston Crossing Utility Plans Exhibit F Kingston Crossing Landscape Plan Exhibit G Apartment Floor Plans Exhibit H Apartment Elevations Agenda Page 81 Exhibit I Apartment Perspective Exhibit J Townhome Floor Plans Exhibit K Townhome Elevations Exhibit L Townhome Perspective Exhibit M Clubhouse Floor Plan Exhibit N Club house Elevations Exhibit O Clubhouse Perspective Exhibit P Kingston Crossing Exterior Lighting Plan Exhibit Q Kingston Crossing Final Plat Exhibit R Easement Vacation exhibit Exhibit S Revised Townhome Plans and Perspective. ISSUES AND ANALYSIS Zoning: With the March 2020, Final plat approval the City Council established a PUD zoning district for the development site. The land uses and site design for the site are defined by the approved Huering Meadows Commons PUD Final Stage Civil Engineering plans, Site plan, and landscape plan dated 02/04/2020. (See Exhibit A) In review of the proposed PUD amendment, City staff finds that the current submittal is consistent with the original approvals with regard to land use and density. In fact the new proposal results in an overall lower dwelling unit count, high quality buildings and the clubhouse pool amenity not offered in the original PUD approval. Final Plat The applicant is proposing to replat the parcel as Kingston Crossing into three lots. (See Exhibit Q) Area Land Use Lot 1 5.69 Acres 26 townhomes, ponding, play area and dog park Lot 2 2.87 Acres 74 Unit Apartment, Club House, Pool, Parking lots and Private Drive Lot 3 1.25 Acres 74 Unit Apartment The PUD is necessary to allow lot access/frontage on a private street. In review the final the following requirements shall be included in the development agreement and satisfied prior to recording the final plat.: 1. The submission of Association Documents that outline the responsibilities for the maintenance and upkeep of the shared facilities (i.e. street, Tot Lot, parking area, Agenda Page 82 pond, clubhouse and pool). 2. Separate from the final plat, applicant must provide a shared access easement for all of the private drive. The easement shall run to all properties within the subdivision and include the day care lot and the lot under separate ownership located at the northeast corner of the plat. 3. Separate from the final plat the applicant must provide Cross access and parking easement that will join Lots 2 and 3 documenting the shared the parking and driveways into the sites. The drive way along the south edge of Lots 2 and 3 shall be contained in a cross access easement that includes the day care to the south. 4. The plat abuts County Road 19 and is subject to County review and approval. Applicant shall secure County approval and abide by County conditions of approval. 5. The name of the private street within the plat shall comply with the County street naming grid. 6. The applicant is requesting the vacation of easements established in the Huering Meadows Commons Final Plat to allow the new site design. (See Exhibit R) New drainage and utility easements will be established with the approval and recording of the Kingston Crossing Final plat. The vacation and establishment on new drainage and utility easement shall be subject to the City Engineer's review and approval of all lot line easements and easements over the ponding area and utility corridors. 7. The applicant shall enter into a development contract with the City outlining responsibility for required improvements and financing of improvements. Planned Unit Development The approved Huering Meadow PUD zoning district allows for a mix of commercial, townhome and apartment within a coordinated master site plan. (See Exhibit A) This master plan establishes the land use pattern and densities that are allow in the PUD zoning district. The Kingston Crossing site plan (See Exhibit C) is consistent with the original PUD district approval with regard to land use pattern and density. Density The applicant is proposing 148 apartment units and 26 townhome units over 9.8 acres, for a density of 15.1 units per acre. This is a reduction in density from the original PUD approval. The unit count in the Kingston Crossing PUD will have 11 units less than the original 159 unit apartment buildings. Agenda Page 83 Setbacks In the Huering Commons PUD, all the buildings proposed exceed the required setback around the perimeter of the site abutting adjoining properties on public streets. The townhome setbacks ranged from 38 to 45 feet from the west lot line. Within the project site, all proposed buildings meet the PUD setback of 15 feet from back of curb of street. All proposed buildings meet setbacks between buildings within the project site. With the Kingston Crossing PUD amendment, the applicant is proposing larger town homes resulting in smaller setbacks along the west lot line (25 to 32 feet) and along the private street (11 feet). Within these setbacks the site plan shows a 6 foot patio. The edge of the patio is only 5 feet from the private street curb. The street side setback of the 15 feet is a PUD Standard and will require a variance. City Staff is recommending a minimum 30 foot rear yard setback be met along the west lot line and the townhomes meet required 15 foot street side setback. In discussion with the Applicant, we stressed the need to comply with the aforementioned minimum setbacks. They have indicated that the townhome plans will be revised to meet the City setback requirements. Roadways The proposed project site will have two connections to public streets. 1. A right in/right out street connection is proposed at the northeast corner of the site from CR19. The design and permitting of this curb cut shall be subject to the review and approval of Wright County. Applicant shall be responsible for all costs associated with turn lanes and curb cuts. 2. A second 53rd Street curb cut is proposed onto 53rd Street to serve as the primary access to the residential development. The SRF Traffic Study evaluated the previous Huering Meadows Common project density and street layout and noted that development of this site will create the need for improvements on 53rd Street and the signalization of the 53rd Street/CR19 intersection. These improvements will be needed regardless of the proposed project is approved or if the site builds out as commercial. Traffic forecasts indicate that the proposed project will generate less traffic on a daily basis than a future commercial build out of the site. The traffic study also indicates that with the 53rd Street/CR19 improvements; there will not be significant impacts on Kalland Avenue. Consistent with the original PUD approval; the Kingston Crossing project will enter into a development contract and post securities that make this project responsible for costs of the 53rd Street/ CR 19 improvements and Agenda Page 84 signalization. A private street is proposed within the project site. This street has a 24-foot drive surface. In considering the private drive, the following conditions apply: 1. The street shall meet the construction standards of City public streets with regard to subsurface, paving and curbing. 2. The private street shall be covered with a separate access easement that runs to each lot in the project site and to the off-site lot located to northeast of the project site. 3. The private street shall be signed "No Parking", except where parking area are built into the street north of the pool and at the play area. 4. Applicant shall provide a long-term maintenance agreement for the private street outlining street maintenance and costs responsibilities to each lot. Said agreement shall allow the City to inspect and require street improvements if street conditions decline. 5. The street name shall be consistent with the Wright County Street name Grid. Townhomes The site plan has a row of townhomes along the west lot line. The depth of the townhome lots is 140 feet, similar to the lot depth of the homes to the west. The Kingston Crossing townhomes (84' x 72") are larger than the townhomes approved for Huering Meadows Commons (66' X 62') resulting in setback issues. The following table compares the Kingston Crossing townhome setbacks with the approved Huering Meadows Commons townhome setbacks: Setback: Huering Meadows Kingston Commons Crossings North property line: 89 ft., 88 ft. West property line: 38 —45 ft. 25-38 ft. Between townhomes (garage face to garage face): 70 ft. 70 ft. 15 feet from townhome to private street: 16 ft. 11 ft. In review of the Townhome setbacks, City Staff recommends that the townhome maintain a minimum setback of 30 feet from the west line and 15 feet from the private street. These setbacks are minimums for the standard R-5 Medium Density Multiple family district and the 15 setback from the private street is a PUD requirement. The Applicant is agreeable to making revisions to the Townhome plans to meet these minimum City Setbacks. The Applicant's revised townhome plans (See Exhibits S) are dimensioned as Agenda Page 85 (72' x 72'). The reduction of 12 feet in length will allow these townhome models to meet the aforementioned Staff recommended townhome setbacks. The Kingston townhomes are proposed to be two-story, three-bedroom units. In review of the townhome layout, we offer the following comments: 1. The revised townhomes meet the floor area, width and building height requirements of the Albertville zoning code. 2. Each unit has a two-car garage (484 sq. ft. in floor area 22' x 22'). The separation between buildings provides for parking in front of the garage doors without encumbering the access drive. In total, each unit has four parking spaces. In discussion with the Applicant the reduced townhome size will not result in a reduced garage size. 3. The drive aisle between the townhomes is 24 feet in width, which meets code. 4. The City requires townhomes to have a mix of exterior materials with 25% being brick, stone, or an equivalent approved by Council. The applicants building elevations and perspectives (Exhibits N and O) show a mix of materials and variable textures. Predominate exterior finish is fiber cement siding and trim; (59.3% on the building fronts and 76.9% on the ends) in various colors and textures. Window and doors compose 36.8% of the building fronts and 16% of the ends. A simulated stone veneer is provided at the base of the townhomes comprising 3.9 % of the building fronts and 7.1% of the ends. The City considers cement fiber siding as an equivalent to stone and brick. 5. Each unit will have separate utility connections. 6. The applicant's narrative indicates that the townhome rents will range from $2,695 to $2,005 per month. The townhomes provide a transitional land use that separates the single-family neighborhood to the west from the apartments and commercial property. The side of the townhomes will face the single-family lots. Apartments The original Huering Meadow Commons PUD was approved with a 159-unit apartment building is located in the center of the project site. This building was proposed to be three stories with under building parking. The current Kingston Crossing PUD amendment is proposing to replace the original 159 unit apartment with two 74 unit apartment buildings and a 2600 sq. ft. community clubhouse and adjoining pool that will be available for both the apartment and townhome residents. The propose change reduces the unit count from 159 unit to 148 units and introduces a quality site amenity that will contribute to the overall project site. Agenda Page 86 1. Building Height. The City's high-density zoning district limits building height to three stories or thirty -five feet. Where the building first floor is on grade, the building height is 42 feet. The building height from the underground parking floor is ranges from 38 to 48 feet where parking structure is above grade. The Kingston Apartment Building height is consistent with the building height approved for Huering Meadow Commons. 2. Apartment Setbacks. The Kingston Crossing site design divides the apartment between two buildings and provides the community club house between the buildings. This changes the site layout and building location affecting the apartment building setbacks. The following table compares the Huering Meadows Commons apartment setbacks to the new Kingston Crossing setbacks. Heuring Meadow Kingston Crossing Commons North along the private street. 27 ft. 25 ft. West along the private street. 34 ft. 26 ft. South along the private street. 29 ft. 27 ft. Setback from parking lot. 23/11 ft. 22/16 ft. East along County Road 13. 42 ft. 32 ft. The PUD amendment requests consideration of revised apartment setbacks. The proposed apartment building has an undulating building face and it should be noted that the aforementioned setbacks are the minimum setbacks at the closes location to the street. In staff review, the overall site plan and the building amenities are superior to the original Huering Meadows Common's plan. With the exception of the east lot line setback, the impacts of the building location will be internal to the site and not impact adjoining properties. In review of the apartment setbacks, City Staff recommends reducing the building setbacks to the parking lot to provide a 30 foot setback to the private street on the west. 3. Apartment units. The apartment buildings will be comprised of 1 and 2 bedroom units, ranging in size to 501 sq. ft. Studio units up to 1166 sq. ft. 2 bedroom units.(Exhibit G) The apartment unit sizes meet the City's minimum size standards. Each unit will have in unit washer and dryers, individual central air, granite counter tops, 9 foot ceilings and controlled entries. Each unit will be assigned one under building parking stall. The building will also offers a secure main entrance, large two story lobby and centralize elevator. The proposed rents range from $895 to $1795 per month. 4. The applicant has provided a building elevations and building perspectives (Exhibits H and 1) that illustrate the appearance of the proposed apartment buildings. The building exterior provides a variety of materials, textures and colors. The exterior materials include decorative brick veneers at the building base, corner treatments and wall treatments. The Stone veneer on average covers 36% of the Agenda Page 87 building exterior walls. Lap and board and button fiber cement siding are used for an average of 50% of the apartment building exterior walls. The balance of the building exterior is comprised of windows and doors, 14% The roof is asphalt shingle. In review of the building we note that the combination of materials comply with City standards. The architecture and material presents an attractive and durable building appearance. Clubhouse and Pool. The Kingston Crossing PUD Amendment introduces a freestanding community clubhouse and pool between the two apartment buildings. The clubhouse and pool will be available to all residents of both the apartments and townhomes. The clubhouse is approximate 2600 sq. ft. in floor area and will include Club / Party room, Fitness Center and staff office for on-site management. (See Exhibit M) The pool and deck area is approximately 2750 sq. ft. in area; The pool will be elevated above the street and enclosed with a 5 ft. aluminum fence. All access to the pool will be through the clubhouse. The location of the pool meets all the required setbacks for a multiple family commercial pool. (See Exhibit N and O). The pool design will be reviewed in greater detail with the building permit to insure it meets code related to emergency access, gate design and pool drainage. The Clubhouse is designed with the same exterior materials of the apartment building meeting the City's architectural requirements and providing an attractive building. The landscape plan and the clubhouse / pool location provide an attractive entrance to the Kingston Crossing neighborhood. Play Area / Dog Park. The site plan shows a proposed play area and dog park located at the center of the project site consistent with the previous approved Huering Meadows Commons PUD. The Applicant has not provided any details pertaining to the play area or dog park. The City will require the Applicant provide development plans for the play area and dog park for city approval. The City will require the play area / dog park to be constructed with the townhome development. Parking. The City requires apartment buildings to provide at least two parking stalls per unit, one of which must be enclosed. The site plan provides 74 underground parking stalls in each apartment building, The Site plan provides 109 parking stall between the apartment building and an additional 40 surface parking stalls west of the day care, for a total of 297 parking stalls. Eight of the parking stalls are disability parking stalls. The proposed layout meets the City standards for amounts of parking. The City requires parking lot dimensions of parking stalls 9 feet wide by 20 feet long, with a 24-foot-wide drive aisle. In review of the site plan, we note: Agenda Page 88 1. The parking lot west of Goddard day care does not meet the stall length requirement. These stalls shall be revised to 20-foot depth. 2. The dimensioned plan that illustrates that the underground parking meets City dimension standards. 3. The site plan must be revised to provide a designated location for delivery vehicles at the apartment entrances. (Mail truck, UPS, Amazon, moving vehicles, etc.) The delivery area must be designed to accommodate a standard vehicle size of the aforementioned vehicles. For larger moving vehicles the parking lot must demonstrate driveway widths and turning radius to allow a larger vehicle to access and egress the parking lot. Trash Handling Equipment The apartment basement plan illustrates indoor storage of trash handling equipment. The site plan illustrates a concrete pad for dumpsters to be rolled to for garbage pickup. The locations at the south end of the building will not interfere with traffic entering or exiting the building. Landscape Plan The applicant has submitted a landscape plan for the entire PUD. In review of the landscape plan, we offer the following comments: 1. Review of the plan materials and sizes, we find that they meet the City minimum standards. . 2. The applicant is proposing to retain existing trees along the west lot line. Staff recommends that the tree line be inspected and any damaged, diseased, or dead trees be replaced. 3. Landscape plan shows the addition of a combination of coniferous trees and shade trees west of the townhomes to further screen the project site. The plant schedule indicates that the coniferous trees will be 3-4 feet in height. While this meet the city standards, City staff recommends that the coniferous trees being planted along the west lot line to screen the townhomes be 6+ feet in height with the initial planting 4. Shade trees are proposed around the apartment building. This mixture of trees will provide some vertical screening of the taller apartment building. 5. The landscape plan also provides for perimeter building landscaping of shrubs and ornamental trees at the base of the apartments and townhomes. 6. As a condition of the Huering Commons PUD approval the landscape plan was Agenda Page 89 required to provide a dense landscape barrier along the share property line with the properties to the northeast, north and northwest corner to screen these properties and to discourage trespassing onto these properties. The Kingston Crossing landscape plan address this condition double stagger row of Shrub Roses and Junipers planted 5 feet on center and 3 feet on center, front to back. This screening hedge satisfies this condition. 7. The landscape plan provides understory shrub plantings (Scandia Juniper and Prairie Petite Lilacs) along the west side of the parking lot west of the daycare. These shrubs will screen headlight glare onto the private street and properties to the west. 8. The landscape plan states that all landscaping and grass areas shall be irrigated with an underground automatic irrigation system. 9. All areas disrupted will be sodded or seeded. 10.The landscape plan illustrates traffic visiability triangles that the private street intersection with public streets. These traffic visibility triangles follow the street curb line. This is not correct. By Code the traffic visibility triangles must follow the lot and right-of way lines rather than the street curb. The landscape plan and sign placement must be revised to illustrate the correct traffic visibility location and dimensions. Overall the landscape plan is generous in the number and location of plantings. The plan addresses previous concerns with regard to adjoining properties. The resulting site landscaping will enhance the site and complement the residential buildings. Site Lighting The Kingston Crossing lighting plans illustrates the proposed exterior lighting within the site. The proposed lighting consists of the following. 1. The lighting along the private street and within the parking lot consists of 90 degree cutoff light fixtures mounted on 20 foot tall decorative light poles. These fixtures meet the city stands for height and down lighting design. 2. Along the sidewalk on east and south side of the private street decorative pedestrian lights are proposed. These lights will have a shallow glass lens to prevent glare to adjoin residential units. 3. LED Wall packs (Topaz) are proposed on the both the apartment buildings, community clubhouse and townhomes. The detail on these fixtures show an adjustable housing; the City will require that these be installed as 90 degree cutoff lights to avoid light glare to adjoining housing units. 4. The pool will be illuminated with LED Surface Mount Disk lights. The pool area is Agenda Page 90 located between the two apartment buildings. The pool lighting will be screened from the adjoining residential properties and public streets. The photometric plan show light levels across the site and at the shared property lines that meet the City maximum light level standards. In review of the lighting plan Staff ask the applicant to address the following items. 1. Is any exterior lighting proposed for the Townhome patios at the ends of the buildings? If light is anticipated for these locations, it must be designed as 90 degree cutoff light fixture with a shielded light source to avoid glare issues for adjoining properties. 2. With the development of the play area and dog park, addition lighting is appropriate for security and safety. The light location and fixture design shall be submitted for city approval. Signs. The Applicant has submitted a plan for a monument sign for Kingston Crossing. The plan (Exhibit S) illustrates the sign having 28 sq. ft. in area and 6 feet in height. This sign meets the City Sign Code standards for a freestanding sign for a multiple family development. In review of the site plan we offer the following comments related to the sign location. 1. The Sign located at the County Road 19 entrance must not be located in the traffic visibility triangle measured at the property lines. This will require the proposed sign location to be moved. 2. Applicant shall identify if a Kingston Crossing Sign is proposed at the 53rd street site access. 3. The sign permit must be obtained prior to the installation of the proposed signs. Project Phasing. The applicant is proposing the following phasing of the project buildout. Townhomes 2021-2022 West Apartment Building 2021-2022 Clubhouse and pool 2021-2022 East Apartment Building 2023-2024 With the approval of the original Huering Meadows Commons PUD, the City Council mandated that the townhome portion of the project precede the apartment construction. Agenda Page 91 CONCLUSION/RECOMMENDATIONS The City Council approved a comprehensive plan amendment and zoning map amendment changing the zoning to planned unit development / high density residential housing for this site in March 2020. Through this action the land use and density for this site has been established. The Kingston Crossing PUD amendment is pursuing site development consistent with the original land use and density, but their site design has changes that separate the original apartment building into two buildings, enlarging the townhomes, and adding a clubhouse and pool amenities not previously offered with the original PUD proposal. The applicant is requesting approval of their development plans. Based on staff review, the proposed project is an up-grade over the original Huering Meadows Commons PUD in building architecture and site amenities. In this regard, City Staff recommends approval of the Kingston Crossing Final plat, easement vacation and PUD amendment with the following conditions. Final Plat. 1. The submission of Documents that outline the responsibilities for the maintenance and upkeep of the shared facilities (i.e., street, clubhouse, pool, play area, parking area, pond) applicable to each lot. Said documents shall be subject to the review and approval of the City Attorney. 2. Separate from the final plat, applicant must provide a shared access easement for all of the private drives. The easement shall run to all lots within the subdivision and include the property exception in the northeast corner of the plat and the day care lot. 3. Separate from the final plat the applicant must provide Cross access and parking easement the will join Lot 2 and 3 to share the parking and driveways into the sites. The drive way along the south edge of Lots 2 and 3 shall be contained in a cross access easement that includes the day care to the south. 4. The plat abuts County Road 19 and is subject to County review and approval. Applicant shall secure County approval and abide by County conditions of approval. 5. Subject to the City Engineer's review of all lot line easements and easement width over the ponding area and utility corridors. 6. Subject to City Engineer review and approval of the site grading, drainage, storm water management and utilities plans. 7. The applicant shall enter into a development contract with the City outlining responsibility for required improvements and financing of improvements. The Agenda Page 92 Developer shall be responsible for the cost of all off-site improvement to County Road 19 and the 53rd Street / County Road 19 intersection including signalization. 8. The Applicant shall pay a parkland contribution based on City standards for multiple Family development associated with the approved final plat. EASEMENT VACATION. City staff recommends the vacation of the easements in Huering Meadow Common per the vacation Exhibit R with the following conditions. 1. The vacation shall become effective with the recording of the Kingston Crossing Final Plat. 2. The City Engineer approval of the size, configuration and location of the easements illustrated on the Kingston Crossing Final Plat. PUD —Amendment. The City approves the Development plans dated 08/17/2021, architectural plans for the apartment dated 06/17/2021, Townhome plans dated 09/08/2021 clubhouse /pool dated 07/02/2021 1. No construction of the apartments or townhomes without construction of the 53rd Street/ CR19 improvements and signalization. Cost of these improvements shall be the responsibility of the developer. 2. The Townhome construction shall precede or be simultaneous to the construction of the apartment buildings. 3. Applicant shall provide a detail development plan for the play area and dog park for city approval. Said play area and dog park shall be constructed with the phase 1 development. 4. County approval of the County road access and 53rd Street/CR19 intersection improvements. 5. Private street shall be constructed to City design standards. The private street shall be signed "No Parking." 6. The private street shall be named in accordance with the County's street naming grid. 7. Applicant shall provide documents that outline long-term maintenance and cost sharing for the private street. Said document shall allow the City to inspect and require street repairs if the private street falls into disrepair. 8. All parking stalls throughout the site shall be sized 9 feet wide by 20 feet deep. 9. The apartment parking lot shall provide a designated delivery area at the entrance Agenda Page 93 of each apartment building. The designated delivery area shall be designed to accommodate standard size delivery vehicle and the parking lot design shall demonstrate drive aisle widths and turning radii for larger delivering vehicle and move-in trucks. 10.The townhome development shall be redesign to provide a minimum of 30 foot building setback from the west lot line and 15 foot building setback from the private street. 11.The townhomes shall be design with garages having a minimum floor area of 480 sq. ft. 12.The apartment site plan shall be revised to provide a minimum 30 foot setback from the private street on the west side of the building. 13.The Club house and pool design will be reviewed in greater detail with the submission of a building permit application related to emergence access, gate and fence design and pool drainage. 14. Landscape plan to include: a. The trees along the west lot line are to be retained. Applicant will outline tree preservation measures that will be put in place at time of site grading. Inspection of existing trees, removal and replacement of any diseased, damaged, or dead trees. Replacement trees shall be 6+ foot coniferous to provide year round screening. b. The Coniferous trees proposed along the west lot line shall be 6+ feet in height at time of planting. c. All areas disrupted will be sodded or seeded. d. The landscape plan illustrates traffic visiability triangles that the private street intersection with public streets. These traffic visibility triangles follow the street curb line. This is not correct. By Code the traffic visibility triangles must follow the lot and right-of way lines rather than the street curb. The landscape plan and sign placement must be revised to illustrate the correct traffic visibility location and dimensions. The landscape plan shall be adjusted to avoid any visibility obstructions in these triangles. 15. The Site lighting plan dated 08/10/2021. Applicant shall address the following item. a. With the development of the play area and dog park, addition lighting is appropriate for security and safety. The light location and fixture design shall be submitted for city approval. Agenda Page 94 16. Applicant shall relocate the proposed freestanding sign outside the traffic visibility triangle. The plans must identify is a second sign is propose for the 53rd Street entrance. 17.The construction plans are subject to the City Engineer's review and approval of the grading, drainage, storm water management and utility plans. 18.Applicant shall enter into a development /PUD agreement with the City. Cc: Adam Nafstad Mike Couri Maeghan Becker Kris Luedke. Steve Kuepers Chris Raimann Scott Dahlke Agenda Page 95 E rel p w� a I� rr`J EXISTING P.I.C. S{I r01-9�9-000-OIU QZ� Y . _ APPROXIMATE GROSS ARTA ��o MU, r,-no A1;REs Z 0 PRDP05EO ZONING ¢V !nP 3 Pug_NNEJ III DEVELOPMENT W _ e + l-_ f � �� _ RF510 NTLq lIV175 6 FLEX—TC— 'At OM€5 SLOG IID 6 UNRS 85 UN _ Lo1 2 1_ — 29U,T45 sI I� 6.67 oc RES'DENTIAL PAR%INC DATA ■ APARTMENT REQUIRED PARKING. iII'i?3 ...s� r z srxls PER u-r V COVERED) a € I?fet 9 r - - III AYARSMENIS 59 ITS 2 318 Iy 1`fdfl _ ® —MSURFACE EARNING $a3 v I' STANDARD PARKINC SPACES 153 5 ACCESSsUNC_ES. a gF� L y� DOTAL SURFACE SPACES: Ifii UNDERGROUND PARKING: Its 11 —DARD PARKING SPACES: 1575 _ ACCESSIBLE HC SPACES: 6 x � +j TOPAL JND:RGROUND SPACES: 159 I� a=A�OI +DIAL AF—ENTlPAIR59 NNG PRCVILED 15, �WN—£REDUIRED PARKING: _ _ z srALlS PER'JNR(t cD4EPE.) ��- TCWNUDMES'. 26 UNfS a 2= 52 � r2 CARACE 2 pRNEWAY PACES 12 WiC PER PERU UN.B: soT DTCAe- AKUC P—DEO,ill Ig _ 3 B �+� e ICTAL RESIDE AL PARKING FRCVGED; y I , 320-ir]=437 - COMMERCIAL BUILDING n u 1� I 6-L9I G SIZE to.azT sF a q COMfBERCIAL EARRING OATH ill eeRdlll � PRDPGSEO SURFACE PARKING: —RD RARKNG SPACES: 6C BG68) ' ACCESSIBLE C SPACES: 3 M-SURFACE SPACES: 63 COVE sne wwi EXHIBIT A Agenda Page 96 PF- ihP6P4-n4 K U E R rSc EP AkCHIIECTS & BUILDERS August ti71h, 2021 City of Albertville Building Department E959 Main Avenin Nr €lbertville, MN 55301 Subject' Project Narrative far Proposed °Kingston Crossings' Attention: Alan Bdxius City Planner We are requesting a PUD Amendment to the previously approved PUCE referred to as 1-leurang )Meadows. The nein project wall be referenced as Kingston Crossings and will be a market rate multifamily housing development comprised.1 two 74-unit apartment buildings.,five 4-plex townhomes and ona 6-plea tvwnhome building with Shared site amenities.We have improved the architectural design, reduced the scale of the apartment bulldings, created larder townhome units, and created a luxury clubhouse with a property management affice.exercise facility, community room and outdoor pool. The apartment dwelling unit mix consists of 1 and 2 bedroorr units that range in size from 501 SF (Studio Unit)to 1,116 SF (2 Bedroom Unit). Each apartment dwelling unit will have in-unit washers and dryers, Individual Gentmi air, granite countertops, 9'ceilings and controlled entries. Dental rates will range from $895 to$1,795 per month. Unit rents include heat and one assigned heated) pa0dng stall. Each apartment building has shared interior amenity spaces that consist of a secure main entrance, large twa-story lobby: restroonrs and a centralized elevator. —he townhame unit sues range fram 1,688 sf to 1,P67 sf and each has double stall garagewith on area of 494 SF. Townhome rents will range frvrn$2.69.r to$2,995 per month. All tenants will have,access to shared community spaces that consist of an outdoor pool with a large pool deck and clubhouse, play area for children, picnic areas and walking paths. The property will be professionally managed by Prairie Lakes Management. Prairie Lakes Management currently manages over 20 developments throughout Minnesota. You can visit their website at ,V. for a full overview of their portfolio. The project will also be staffed with an onsite management team. The entire Keepers and Prairie Lakes Management team has developed overtwo dozen multi-family projects throughout Minnesota. We pride ourselves on finding great locations and offering an amenity and unit package that fats the community we are building in, We also believe in building and managing a product that the City can be proud of too. Afe are pleased to present this development opportunity to the City of AIhertviIIP Thank you, Christopher Raimann,AIA Senior Architect, Kuepers Architects &Builders EXHIBIT B Agenda Page 97 r:iN i i, V'10 2%`e q A O LiLP ^� LEGEND suR>.Er Dara PROJECT LOCATION z o < 5 w _ p E%ISTING PID NUMBER ® �Z3 — --- - E%ISTINGLEGAL DESC N RIPTIO � LOT 2 i. BLOCK _ PROPOSED LEGAL DESCRIPTION g. € URI €fig PPROOPOSEDZZONNG €aifi J �I L$Ea DFIXSING FARCEL EaN �. - �� — •6 , AREA DF PROPDSED LOTS RESIDENTIAL DENSITY s 9' ? PRO.IECTPHASING' � E INDEX OF CML SITE DRAWINGS: ==4XC1.0 Agenda Page 98l EXHIBIT C 1 vacr urour. ` e�,z xm�sron cxossmrs MATCH LINE C31(03.2 � OFA1gx"''""-I-F•u'P ..: - E{ e'� •� Bar, 8 ". IEGENQ. Za j IsY SURVEY DATA I-i a r1 '•a t ` K I rpt W.V. ;j" i�3 -3- - - • ate" ra.....,. $$j E It �pS`1°'�IaF. (13 6 U) EOIII hill,41— € e �• --r -- - INDEX OFCIVIL SiE DRAWINGS: ---+ m,-- -- 53rd Street _- --+ C3.1 Agenda Page 99 EXHIBIT D � PACF IAYOIfI: - _ - � KA'GSION CROSSINGS YCS.1 Andre — a0 SURVEY DATA �< � a 0a jC[S I zu?� •� I $ E L 4 E 0 s r i i V) cur�caw fl + f 9 y .If !I INOEX UFCIYIL SITE�DAAWLN -32 D6, I P MATCH LINE C3.1/C3.2 s� fAeCi10H FN6 ia1°'°"s - Ovd'rg&Omirsape Agenda Page 100 EXHIBIT D MATCH UNE C4.17C4.2 au;e=urour: cron saaso � ,•..e„�a� ` —asci� '.:I I -� caz ��xxA+rvaxas{sw. os a �- &11RVEY DATA LEGEND cn I F TOWNHOhFE AP—ENT-1-1N. "TORY vvrrH I GAA=967.W Uonm UNDERGROUND www e.e uwr O _ J' GENERAL IfTILf71'NOTES �a ..Re L PARNlNG 159UNUFS - -- FEE 957.77 — - FFE-967.77 .9 GAR=955.70 L i - - I .r s€� p m 0pq�PeQS\P GODDARo SCHOOL Q ro FFE=957.50 - a; cn m i U J UTILITY NOTES: t �i A 53rd Street INDL9coFcrva snEORAwwGs: -- - Y C'4.1 EXHIBIT E Agenda Page 101 vncr=urrour: C43 Y.IfAGSFGV CItOSSMG3 OFAL9EATVbLE,r.,V C4.1 amou..wa xww 1 I r sIAMIIATA LEGEND a � p M" GENEPAL UTILITY NOTES 2 w TdMIHRME F. r TGKNHDII.IE C+NL-86l.a I [�R-96!93 n� �� � 9uu wm.mm xu,rrffc�a wu� V'2 ¢ h vao-.�a.w ie64on :61 11 . m -1 m xgsi�m MVA pt}mwic oM -- # S ees a 1 I. t f i,`„Ia3tA: 5 > . �I °fes, q*F i Q.n - = X 14 I ,I,. �TOWHHONE' _ r= � � ' rs,.x xurerm sxr.uw.nwrswe�a �d FFE=967.70 qV�e nMw �INDEX OFCIVIL SITE DRAWINGS : MATCH LINE C4.ljC4.2 3� acc,vm� Sonibry aM WaM - IJfihb•"'Ian EXHIBIT E Agmda Page 102 1 - 1A op ae joll ke F �,p y`ao`� �...6 -� - VII 3 � .:.'..w��w�......®..+.a�+me. - -• - --_�__ -_ �1 3 INDEX OF CIVIL SITE CRAININGS: LANDSCAPE PLAN INDEX:77 v�ux -- s-- •. ws wu1oa�wx were Honors - �7.l ¢ - - Lo�asxace a Agenda Page 103 EXHIBIT IF DD CC SB AA Z Y X W V U T SR 0O M M L k J I li G F E D C B A g . slEa 2 3 rmmw roam sl 577 z � ae er ea b x ar b ss I� �) -- -- - - -- -- - - — - - - — — - - - -- — - - — -- - - -- -- - - -- -- - - - -- -- - - — -- - -- -- — -- -- LJ/ IIP 31 30I-d xi I x6 12b b Ya' 19 I1� IT 1615 1413 11 - ea,s+cai g g sir 91 ' 12 In n 13 m Z _•las O � ap N Z Q r DD CC BB AA Z V T W V U T SR QPr O N M L I( J I H G F E D C e A W� w ~ X w m rP a o ewc _ °L E 1sn x10-+w - - �c z1x1e xae c ew s1e.� 4 n _ _ y 0 ue - xn 7 U a iA 19 i2 13 Kuepers Inc. omr s ILI— ab>ma, x l ff fbv A1.1 Agentla Page 104 Overall Floor Plan `EXHIBIT G -'" DO cc BB-AA Z M x IN v u s R C,p 0 N M L K .I H G F E D C B A z i.ma wazB s,at� a+BxB11 E _ _ d hR 8 Q 3 10 a 91 3 W On Q m twao�2rmern W m Z m aE N Q DE DB cc BB AA Z Y x w VU T SR OP 0 N M L K J I H G F E D C B A X V 4 m W 3 3 i< a a - Q m os-a,ER wo-13 ws2R a,c - 4s2s �2-tom <tsas N - - - - - - 7 C Bed `I IUPIDR 4a}TB � 10 11 13 Kuepers Inc. am,rrmr A1.2 OVArall Flnnr Plan Agmda Page 105 EXHIBIT G -`" //f''��\ ASPINLTSwN(.YES ---.-.- - - -------.-.-.-. --.- - - ----------------- -- --- 9HANE3 BFiBER CEMBFM IrvEq.xs IRIMBO. 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Its- Ilk t ^� I « Ilk rV . . >y ~ | �� K [PERS � � EXHIBIT, 5 rr rr // ■■ gas �, I<UEPERS EXHIBIT I Agenda Page 108 —----—------------- —— i—————-------------------- ———. - ® i — i II i i 'i i z LJP (V b aace o Y¢e F W LLI I i r I �L § a I I I c mY y I Ll 'I U I I i alae ti Kue ers Inc. L ------ ------ --—--—-- ---- ——-- --—----- —-- ----.—J P o A1.1 9 Wri.ls6', Overall Floor Plan � a� EXHIBIT J ; P�Wpll" ------ -- — Ff _ -��. _ — =tee ---- - — — -cu a,I MMEGMq.A G6, FreERc�Enr s°IMcv,wM-ew s.F.gcax, R�.m�,rsarx°r,w.n=:ws,�.ne.s%r Z 2 V�J w o m --FIN.:FAbCIAd9— P e°PR°a Bl�i'iEry-F18Ex°Eh1E,R LU m V s�3k - - 5C%e WMI°°W TRIM.FIBERIFMEIR �N iAV SIpNG-FlBFR CBIEM r ' ' hW- L r— nNoeaiBCYhi SB�ER�M�ENTS®I�N✓IRIM-�, m � = ott°°°Rs-RgsiN.M2=n.asF jW3A1 d FIRRY DOORS=425F.[J.M] � u � N U 0 m c Y �� Kuepers Inc. - _ - ova-o'er' FacaoErscw,�s: •"�^'°Acpc.�rocc oacarz, SNfJEc�Mslo�r�q rre AM Building Elevation ^da Page 111 EXHIBIT K `�sYa Pp- . . PCNL SavgNG 1N33HOCRON3'. PMPFo COwq�IE POOL OEGI( AOOMP Ei£O651GIi NO INSTKLLATION �IHPP dYP ��M PWL FM:tOSIR�fENCE � POOLOEPTH 3.5 & PVBLN'.SW MMNO POOL +w.wnw. "azr IN Z,-1".11—OM Hone[ �z cniELa K SxoOx11711 PfW�W1HVWNiE. HICLVOEOtINC HN4f>➢WAIEAGxCUNE WILL I�W O \/ n Z e9 TE�Bo ENI = Ly m G1✓fAIERTNRN nslNgffs ❑- _ - D - _ - _ - _ -- ❑ m WONIN 1e 1xgESOP rHE Z laecxuxlsM e __ 1 r } 4S � cwuem Poxes li'� w W~ X o o V Z a nAF'at�-Y o . o 0 �PGN� o sN Kuepers Inc. o o - A1.1 Overall Floor Plan Ag„da Page 113 EXHIBIT M s NorEE MH OF,Y E.neWETNE NOCS SutEnCE1WEE'INSE%,ENIOB VEXING 90BFL556E N— 2 PDUNESS WI—BEB—,BE INSTW.I.F111Na S,aM1L E9TCIBLFWiGE5YWLBE III:IMIHpIEOPCJI S�IELOCATIWB FFR®C CCOE SOI.R IBC I9IIG1 Nx I�NNEc�oNl MNsieE LocniEOAi THE ocoN —IDE—B---1 SINL-BESaI£TY GI/J NGFvtdSCR°BB�0. AIETaL NOOF I.FTaLRCfF V 12 P_ _—_A TIW-FBER—E. _ � SMI SIONEYENEER FlaEn ��. — GRiIE r y n _ 1 • m z CLs g Q _ W w ~ X Bar1IN-"_BGEMEIIF "' CO m m � � �_ - _ —_—_ Q FOD a m v :.` FnElrl�FascNa soEFrt y saxerraSrF exam-aaER— �+ C) 01M - mi A i w.oi El�cx,asaNrEN A' c O C - Kuepers Inc. v mi�_,�a ^m°'o,zsnw mmarme, EacnnE��norvs. s.F:�zxy —LE—B,sV— B A3.2 "'I°0OA6,wsE.�°rx� Building Elevations AgBnda Page 114 EXH1131T N p NLEMENT ----------- © FI- FAIE2�ate.FIEEN CEMENT - EFn5HF9 MTL FASCIA ANOSOFflr — e�P=te— - ---------------------- m�cii3-x]m—- TKKJS GB<ENALNOlESe cvarvc=°s sSF�.�ssl ATAwxoFlzneovNE�TNEwoo Is ELIrE ��/■/-1/�} O FBER CEMEM 51ol9.iecmal M=5.935.F.y69.9K1AmNE55 NUA®Ef&SWL'�eE INSegNF➢IwA C_ q d.'TILNFMIBLCOCE_o1.2 p, m AooNEs su;E acrN[azocEoa nN nNAVF 13 If� wcanon INsrAUEoaN W m a.wArLNFl_owAw�Ms�M�isE Z 4 A o�LFwu�swueElLLww OFEa 0—. : GSNµ'G _mWl M'OFTN�E OFADLMt I I I'j X V 4 Dm m = w o _ _—_—_—_—_—___—_—_— ¢ m U N 2-ff Best. - - - ---___—_---_— _—_—_— C N _ _ _ _ __ _ _ _ _ _ _ _ _ _ O _ _ C O N �1 teb s � Kuepers.Inc. I cuAnoNs -ilos mMaeozi cawN--tis F.Isab1 aB.l�zt FlBFx rf�.NrslolNcnwM=ax s[.IUKI A3.1 Building Elevations Agmda Page �` EXHIBIT N i EXHIBIT 0 Agenda Page 116 t EXHIBIT • I �� .ons- ,mars ,-oars ..urs wns sa+ 2z ° - - - nuns .doors '_ _ a - Y csm M .w W V Agenda Page 778 EXHIBIT P U _ 2 K7 �ntzr,11 ;. ,¢ :; „�� .Z";; , . .;�, '�, .v� vl Win;.-ti �.�r•:�:�.,��.-�,� , ..,, ,.,. � .o .o 0 a I L�.,�.�li `., •"-"'1�`;:,. �,. it ,,. ., � J 7 — — — EXHIBIT P U ti U WJ Q' 3 W F a� Z bilkAgenda Page 120 EXHIBIT P KINGSTON CROSSINGS DRAFT FOR CITY SUBMITTAL-OB/17/2021 ..,c _ _ f v r n.z� - .,:C�i�"r r..-- I a s.n a ^'^"'s"b".�•n w.eer...LLv.,w.�m ne.e eui+a.�m.a.�=+«oo.a w.rw+s a,®er r•m^n.nvm.m.u,.s r"- ------� _�• V Vrl "' �`"�� I � _..ew^^w�..e�.�,aru,�¢.. e,4.r�nm.rk w+��..swrcwa•es..*x..e�,.sm,.>,rmw 7 �+ .a+.o.rr 1 ®.^...-i®o,�m.�as•v. ,re..sa uw m.o..a e.s..ter.m s wm+w a. ..xn arms A,�,�n r.e.w wr kill 11 • x -_' •gI� :.-®e5,� ...� _?� •°-7 ��� I �.��..m���.....� «a m .a„a�r�,.r®,.z..�,..r..e.-,�..,�..ur. is z>16, o t, n ��1 evwm- -�.I I� VICINITY MAP- SITE EXHIBIT Q Agenda Page 121 EASEMENT VACATION EXHIBIT LOCATED IN THE PLAT OF HEURING MEADOWS COMMONS WRIGHT COUNTY, MN VJ�LGL/_/�fGf� DENOTES EASEMENT DEDICATED IN n THE PLAT OF HEURING MEADOWS COMMONS. (TO BE VACATED) DENOTES EASEMENT DEDICATED IN THE PLAT OF HEURING MEADOWS. (TO BE VACATED) c' ' 3 C� < t F, L C c � <C i 7 L�� LJ ? ILI -Z u 4ra J%I I � Cf I I C71 IF11\ I r n A r- A r—<r1 I A/ r L_ lJ I I V 7 I V I L1_/'1 L� lJ V V 1 0 iso Sao EASEMENTS TO BE VACATED Vacate all drainage and utility easements lying within Lot 2, Block 1 HEURING MEADOWS COMMONS, which GRAPHIC SCALE IN FEET have been dedicated in HEURING MEADOWS and HEURING MEADOWS COMMONS, according to the recorded plats thereof, Wright County Minnesota. DA`L'E: 08i 1 622021 DRAWN BY:AAN FILE NO.21 339 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a Licensed L_A�6:flM Land Surveyor under the laws of the State of Minnesota. 708 1 s7 AVENUE NE,U 1 BUFFALO,MN 55313 0811612021 PH.763.682.1781 WWW.MF-YERROHLIN.COM Date Trace C. McCoy License No. 44531 EXHIBIT R Agenda Page 122 'Coloris approximate and forplacemen t ons as each computer monitor may display color differently.Please refer to actual material samples for precise colorrepresentations ( 031 KINGSTON CROSSINGS I SCALE: 1"=V-0" REVISED: O ELEMENTS,1NC.2021 THIS DESIGN IS THE PROPERTY OF T#OF PROPOSAL: ELEMENTS,INC.AND MAY NOT BE / SIGNED APPROVAL: REPRODUCED WITHOUT WRITTEN Elements,Inc.-70044 Flanders CTNF,#100•Minneapalls M1RN 53449 J 1-800-223-2788-(763)210-7747 FAX(763)210-7750•elementsinccom PERMISSION. EXHIBIT S 3t IGFIJTIFY.ATILN SiCNI TO IWLLA l�rfCAVY 0'-vTt FF!W7"JtPER AW TTC Tr DY APR 6ATION�A WrAT6�4� Z!3N5TPLFR SIbN LLLNWTI§N E"V MMLW�FLWaUff LLVIK41� EAO SM RA15 L�YINO��9�NLU S"ITLW%kTM�L TO 60W�l ATE THE TTlNWTk'N LVIN TTE PR EP 1"-E NO 1"�1101 MAY E��ff�6�OF LLIWIINAI M IT TFE L8€ LAW6ffE WqW—%E WS SC-FV 9 TO DE LMUa'APEP WIM SMAL aV4JFS A MIN GF 0 RdAES N _fr AT PLANT[N TO PRLNOF eZNTki`f.el.5 6&RMWN5 a BASE L*Pk,"N6 TO EXIEW A Q,I FFET 19Z.T SIEM BAS ON ALL SZ za� f �a < LANP5�/ LEWE pp 00 Agmda Page 124 EXHIBIT S I i ® � O a o s � f -------------- Lu � Z LLJ qo AT �pti, m m� 53 C3 U D y I rn - pao Kuepers Inc. t A1.1 mise=;a' Floor Plan Level 1 - Agenda Page 125 EXHIBIT S _- oa QQo � � I _ _ IN _ —� -AmD--- -aE--- - - k Q L Imo! lF' O wN E oaa I' wan ® <EW m Z G OLL LgM I 2y ®'^ (� X y Z JE1 W m v ai U w �v -�- ® — -- - - - - �m -na � wic, t. - ® it Q m n< e C _ N + C Y Kuepers Inc. r�013iHd5 °� bBIR21 A1.2 ; Floor Pian Level 2 Ayenaa Paye lz6 EXHIBIT S PoIX£VENF FSPWITSMNGIES PREEN.MIL FR54M850FFR PoOGE YEM mx1mM RBER CEMEFITN]PRDeaRT1EN .X4-. TIaM �� SYX<RWRTPoM 2Nrpa arra SIM.STUNE 4BEER FAC]DECALCuunal5: �f O-W ad 3N6'=1L' = Sgp.B%1 RN.x[�=1XSF�,s.axl 7 eEreRu warts. MRERCEM sIoiNmwS M�=ava sF lEa_s%1 W m E XTPMN.aF,r Ra,E�RN�T=MRF�EVNE E,RPTpNsws,.FRMIN�� eE os �;P�®�N N P EDNP W PRGaN W < ;Z sM�uNES�FET.�NGPEN�z,as.,. R�R�E,�NT D_ m o- a� o PIOGE,�FNI PoRGE,,,=NEN a m Q U N Kuepers Inc. � � FPCILfiE CPLCUUTItNS yaM2,-11Po RET CJR TOiPL iJ�A=gi415F A3.1 f OVA- --- ��� z R:u,oRs=msFr.Exi Building Elevations FlBER CELEiJTSQbNGRRIM=6585F,56.8%� Age da Page 127 "P EXI BITS ° a eeFF,rM2F. so i Maga­ jFla��MEMr�>aaM� 9 _ N _ i tse9Fan W= N t= FRni CEMEIvr9MttCUIRMI- Z O LU' � o ' J I �+�+w x Z \y m C J y Q `tom a m o C a asp--g 6. ---- ��— Kueperslnc. FACLflE 64lCIYL6A(NS Kngem CeoaYgv roraaeu�,v t.Fs6sF r'a.z,-„a mma »tr=ta� t+naxc=„zsF�aex, sFnzxi F19ER CEAIEaF51CkHGlIPoM=t,3,65F�81,2%� A3.2 Building Elevations Agenda Page 128 EXHIBITS— A r lb�rtvi��� Mayor and Council Request for Action Smell Town living.Big City lift. October 4, 2021 SUBJECT: PUBLIC WoRKs—APPROVE PURCHASE OF BOBCAT SMALL LOADER RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Approve the purchase of a new Bobcat L28 Small Articulated Loader and attachments in the amount of$45,296. BACKGROUND: Public Works would like to purchase the articulated loader for sidewalk snow removal as well as street and park projects. KEY ISSUES: • The Public Works department has grown and so has the City's needs. • The new utility vehicle will be used for a variety of public work tasks throughout the City. • The price is based on Minnesota State Contract Pricing. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve equipment purchases. FINANCIAL CONSIDERATIONS: The cost associated with the loader and accessories are a budgeted expenditure and will be funded through a combination of funds including enterprise capital reserve funds and public works equipment reserves. Responsible Person/Title: Tim Guimont, Public Works Supervisor Submitted Through: Adam Nafstad, City Administrator-PWD Attached: • Bobcat equipment quotes Agenda Page 130 Product Quotation _��*Pk Quotation Number: 32739D032848 60 Bobcat Date:2021-07-30 09:01:47 Customer Name/Address: Bobcat Delivering Dealer CITY OF ALBERTVILLE Lano Equipment, Inc., Attn: JOHN MIDDENDORF Dave Underwood 5959 MAIN AVE NE Corcoran, MN PO BOX 9 23580 HIGHWAY 55 ALBERTVILLE, MN 55301 CORCORAN MN 55357 Phone: (763) 497-0179 Phone: (763) 479-8200 Fax: (763) 497-0774 Fax: (763) 479-8201 Email: LOCATES@CI.ALBERTVILLE.M N.US Description Part No Qty Price Ea. Total Bobcat L28 Small Articulated Loader M1403 1 $27,231.56 $27,231.56 24.8 HP Tier 4 Diesel Engine, Telescopic Lift Arm (24" extension),Auxiliary Hydraulics: Variable Flow 12 GPM, Articulation Lock Bar, Backup Alarm, Bob- Tach Operator Interlock Control System - Integrated in Left Arm Rest, Controls: Forward & Reverse foot pedals with joystick controlled workgroup functions, Engine/Hydraulic Systems Shutdown, Glow Plugs (Automatically Activated), Horn, Instrumentation: Engine Temperature & Fuel Gauges, Hourmeter, RPM and Warning Lights & Lift Arm Support Device, LED Work Lights, 2-Front& 1- RearOperator Canopy work lights;Includes: Cup holder, Adjustable Suspension Seat, Retractable Seat Belt, Roll Over Protective Structure (ROPS) meets ISO 3471&gt;Falling Object Protective Structure (FOPS) meets ISO 3449, Level I Parking Brake: Spring Applied, Pressure Released (SAPR)Tires: 23-10.50 x12 Turf(47"wide) Warranty: 1 years, or Unlimited hours whichever occurs first Heated Cab Comfort Package M1403-M-0O2 1 $2,247.32 $2,247.32 Heated enclosed cab heated suspension seat wiper/washer block heater Power Bob-Tach M1403-R06-0O2 1 $835.24 $835.24 26X12.00-12 TURF M1403-R09-0O3 1 $440.80 $440.80 Radio M1403-R26-CO2 1 $405.08 $405.08 Traction Assist M1403-R60-CO2 1 $682.48 $682.48 Engine Block Heater Kit 6720808 1 $91.03 $91.03 Add On Counterweight Kit 7362520 1 $1,000.19 $1,000.19 Articulation Limit Kit 7353248 1 $83.23 $83.23 Attachment Control Kit 7352044 1 $321.95 $321.95 Fender Flare Kit 7362517 1 $546.34 $546.34 Strobe Kit 7352416 1 $248.21 $248.21 54" SAL Utility Bucket 7387673 1 $519.08 $519.08 --- Bolt-On Edge 7387886 1 $95.64 $95.64 SB150 Snowblower-48"Width M7008 1 $3,632.00 $3,632.00 --- Snowblower Hose Kit 7408947 1 $128.24 $128.24 Pallet Fork Frame 6809716 1 $305.52 $305.52 --- 36" Pallet Fork Teeth 6540184 1 $208.24 $208.24 Agenda Page 131 Total of Items Quoted $39,022.15 Dealer Assembly Charges $793.75 Quote Total - US dollars $39,815.90 Notes: *Prices per the Minnesota Contract# 185720 L-331(5) *Must be a Coop Member to purchase off contract *Terms Net 60 Days. Credit cards accepted. *FOB Destination within the 48 Contiguous States. *Delivery: 60 to 90 days from ARO. *State Sales Taxes apply. Tax Exempt Certificate required with all purchases *TID#38-0425350 Prices&Specifications are subject to change. Please call before placing an order.Applies to factory ordered units only. ORDER ACCEPTED BY: SIGNATURE � DATED PRINT NAME AND TITLE PURCHASE ORDER# SHIP TO ADDRESS: BILL TO ADDRESS (if different than Ship To): Agenda Page 132 ATTACHMENTS Deep drifts are no match for the Bobcat° snowblower. Blow snow off driveways and parking lots or tight spaces like sidewalks. The rotating chute and deflector bank snow high or throw it far. Adjust the deflector up or down and point snow in almost any direction — wherever you want the snow to be placed. It's perfect for tossing the snow in places you can't reach with your machine: in the middle of a lawn or in a wooded area beside a path. HROW AND BLOW THE SNOW Y. i C .9 1 ++ .P F. I X f � r ❑ � 0 s CHAIN-AND-SPROCKET SYSTEM SKID SHOES • Rather than cables,a chain-and-sprocket system rotates Adjustable, set them to scrape the chute, eliminating loose,tangled and frozen cables and the pavement clean or move them L providing maximum uptime protection. higher to remove snow from Scan the code to see DIRECT-DRIVE HYDRAULIC MOTOR gravel lots and driveways. the snowblower Delivers necessary operating power while reducing overall OPTIONS AND ACCESSORIES in action. maintenance costs, extending the life of the attachment and • Truck Loading Chute Available for high-flow models,the eliminating the need for high-wear items such as gear boxes, truck loading chute allows the snowblower to place snow chains, sprockets and sheer pins. high in the truck for easier removal and hauling. ROTATING CHUTE AND DEFLECTOR • High-Flow Models Utilize the extra hydraulic horsepower Chute rotates up to 276 degrees and deflector adjusts up or in your high-flow Bobcat loader to power through the heavy down as needed. Point and place the snow wherever you want. snowfalls or the deepest drifts—and throw snow farther. REPLACEABLE CUTTING EDGE Protects your uptime and reduces operating costs. Bobcato g Agenda Page 133 , , information/ , Bobcaf°',the Bobcat logo,and the colors of Bobcat i machines are trademarks of Bobcat Company. ATTACHMENTS • � t Truck loading chute and clear a c can O D AA FAA 2,�i.1 ath. B G C A Fs'-pecifications Sill Sill SB200 x rl SB200 x 66 SB201lII x 78 Sill SB240x84 SBX240x72I Width(A) 39 4 in. 514 in. 62.5 in. 68.5 in. 74.5 in. 80 5 in, 74.5 in. 86.5 in. 74 5 in, 86.5 in. (1,000 mm) (1,306 mm) (1,587 mm) (1,740 mm) (1,893 mm) (2,045 mm) (1,892 mm) (2,197 mm) (1,892 mm) (2,197 mm) Height(B) 50.4 in. 50.4 in. 61.0 in. 61.0 in. 61.0 in. 61.0 in. 65.5 in. 65.5 in. 65.5 in. 65.5 in. (1,280 mm) (1,280mm) (1,549 mm) (1,549 mm) (1,549 mm) (1,549 mm) (1,664mm) (1,664mm) (1,664mm) (1,664 mm) Length(C) 37.0 in. 37.0 in. 38.5 in. 38.5 in. 38.5 in. 38.5 in. 43.3 in. 43.3 in. 43.3 in. 43.3 in. (940 mm) (940 mm) (978 mm) (978 mm) (978 mm) (978 mm) (1,099 mm) (1,099 mm) (1,099 mm) (1,099 mm) Intake(D) 23.0 in. 23.0 in. 25.0 in. 25.0 in. 25.0 in. 25.0 in. 34.5 in. 34.5 in. 34.5 in. 34.5 in. (584 mm) (584 mm) (635 mm) (635 mm) (635 mm) (635 mm) (876 mm) (876 mm) (876 mm) (876 mm) Operating Weight 42811). 465 lb. 785 Ih. 81011). 835 h. 860 lb. 1,010 lb. 1,070 1h. 1,045 h. 1,105 h. (194 kg) (211 kg) 356 kg) (367 kg) (379 kg) (390 kg) (458 kg) (485 kg) (474 kg) (501 kg) Fan Diameter 15.0 in. 15.0 in. 20.0 in. 20.0 in. 20.0 in. 20.0 in. 24.0 in. 24.0 in. 24.0 in. 24.0 in. (381 mm) (381 mm) (508 mm) (508 mm) (508 mm) (508 mm) (610 mm) (610 mm) (610 mm) (610 mm) Auger Diameter 14.0 in. 14.0 in. 14.0 in. 14.0 in. 14.0 in. 14.0 in. 18.0 in. 18.0 in. 18.5 in. 18.5 in. (356 mm) (356 mm) (356 mm) (356 mm) (356 mm) (356 mm) (457 mm) (457 mm) (457 mm) (457 mm) Chute Rotation 276 deg. 276 deg. 270 deg. 270 deg. 270 deg. 270 deg. 270 deg. 270 deg. 270 deg. 270 deg. Deflector Control Hydraulic Hydraulic Hydraulic Hydraulic Hydraulic Hydraulic Hydraulic Hydraulic Hydraulic Hydraulic Throw Distance Up to 25 it. Up to 25 it. Up to 40 it. Up to 40 it. Up to 40 ft. Up to 40 ft. Up to 40 it. Up to 40 ft. Up to 45 it. Up to 45 it. (8 m) (8 m) (12 m) (12 m) (12 m) (12 m) (12 m) (12 m) (14 m) (14 m) Cutting Edge 0.38x3.0 in. 0.38x3.0 in. 0.5 x3.0 in. 0.5 x3.0 in. 0.5 x3.0 in. 0.5 x3.0 in. 0.5 x3.0 in. 0.5 x3.0 in. 0.5 x3.0 in. 0.5 x3.0 in. (9x76 mm) (9x76 mm) (13x102mm) (13x102mm) (13x102mm) If 3x 102 mm) If 3x 102 mm) (13x102 mm) If 3x 102 mm) (13x102mm) i Approved Machines:Skid-Steer Loader,Compact Track Loader,All-Wheel Steer Loader,Mini Track Loader, Toolcat'"Utility Work Machine,VersaHANDLER°TTC Agenda Page 134 Bobcats Bobcat®,the Bobcat and the colors of Bobcat Bobcat.comISnowhlower machines are trademarksarks of Bobcat Company. + QUOTE - DO NOT PAY Laino Quote: 03-144655 PO: 3021 W 133rd St•Shakopee,MN 55379.952-445-6310 Date: 7/30/2021 Custld: CITYALBERT 6140 Hwy 10 NW•Anoka,MN 55303.763-323-1720 23580 Hwy 55•Loretto,MN 55357.763-479-8200 www.lanoequip.com•www.lanoeq.com•www.lanogardengear.com Cust Email: kmoseng@ci.albertville.mn.us Phone: (763)497-3384 Salesperson: Dave.0 User: Dave.0 Bill To: Ship To: CITY OF ALBERTVILLE CITY OF ALBERTVILLE 5959 MAIN AVENUE NE PO BOX 9 ALBERTVILLE, MN 55301 MINNESOTA STATE BID PRICING CONTRACT NUMBER 191996 CONTRACT RELEASE T-632 Item Type Description Qty Tax Price Discount Net Price BLADE-SBV60 QU VIRNIG BLADE-SBV60 1.0000 $5,480.00 OTH-VIRNIG 60"SNOW V-BLADE Total BLADE-SBV60 $5,480.00 Total: $5,480.00 Totals Sub Total: $5,480.00 Total Tax: $0.00 Invoice Total: $5,480.00 Signature: Quote is Valid for 30 days,programs and discounts subject to change without notice Agenda Page 135 �lbcrtvillc Mayor and Council Request for Action If October 4, 2021 SUBJECT: ADMINISTRATION-AMENDMENTS TO TITLE 9,CHAPTER 4,PRIVATE SEWAGE DISPOSAL SYSTEMS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Adopt Ordinance No. 2021-12 amending Albertville City Code Title 9, Chapter 4 relating to Private Sewage Disposal Systems and authorize the publication of a summary ordinance. MOTION TO: Adopt Resolution No. 2021-041 transferring jurisdiction of Subsurface Sewer Treatment Systems (SSTS) in the City of Albertville to Wright County. BACKGROUND: The City uses Wright County for SSTS reviews, permitting and inspections. In doing so the Minnesota Pollution Control Agency has advised the City to amend its ordinances related to SSTS and to formally transfer oversight jurisdiction to Wright County. KEY ISSUES: • The City currently has the regulating authority for Subsurface Sewage Treatment Systems within the City's limits. • The City wishes to transfer jurisdiction overregulation and enforcement of SSTS to Wright County. • Albertville has a limited number of residential and commercial properties without city sanitary sewer access. LEGAL ISSUES: The Mayor and City Council have the authority to adopt amendments to the Albertville City Code. Submitted by: Adam Nafstad, City Administrator-PWD Attachments: • Title 9, Chapter 4 Private Sewage Disposal Systems underline/overstruck • Ordinance No. 2021-12 amending the Albertville City Code relating to Private Sewage Disposal Systems • Summary Ordinance No. 2021-12 • Resolution No. 2021-041 transferring jurisdiction of Subsurface Sewer Treatment Systems to Wright County Agenda Page 136 CHAPTER 4 PRIVATE SEWAGE DISPOSAL SYSTEMS SECTION: 9-4-1: Scope 9-4-2: Subsurface Sewage Treatment Systems (SSTS) 9 n 2: Stme n,,,.,doers Adopted. Amendments 9 n 3: Stand,,-a O Site System r „tier And ries;,.ff n c. Seta, e1-c--, n ra -Plae,,,..,, i 1 d i f i, Se ,,,, -9 4 6- Per-mit Re"ir-emefAs 9-4-3 9 4-7: Sewage Removal And Discharge 9-4-4 9 4 12: Administration And Enforcement Officials 9-4-5 9 4-13: Misdemeanor Violation 9-4-6 -9 4-1-5: Liability For Sewage System Notes 1 1. See also appendix A, sections 1000.16 and 4905.8213 of this code. 9-4-1: SCOPE: This chapter shall apply to all eper-a4iN,e, on site sewage disposal systems in the city as of the effective date hereof and to all subsequently constructed sewage disposal systems. Sewer installation shall be regulated by all requirements of this chapter. All individual sewage disposal systems installed subsequent to the effective date hereof and all alterations, extensions and repairs to individual sewage disposal systems, irrespective of the date of original installation, shall be regulated in accordance with all of the requirements of this chapter. Any individual sewage disposal system or pertinent part thereof,regardless of the date of original installation,which is not located,constructed, installed or functioning in accordance with this chapter shall be so relocated,reconstructed,reinstalled or repaired as to comply with the requirements hereof. 9-4-2: SUBSURFACE SEWAGE TREATMENT SYSTEMS (SSTS) A. Where a public sewer is not available under the provision of 9-4-3,the house or building sewer shall be connected to a Subsurface Sewage Treatment System(SSTS,) complying with the provision of this section. The provisions of Minnesota Rules Chapter 7080-7083, Subsurface Sewage Treatment Systems Program, as is may be amended, are hereby, i�rporated in this Code by reference and shall constitute the minimum standards under which an individual SSTS may be installed, operated and maintained. B. Prior to commencement of construction of an SSTS of the house or building,the owner shall first obtain a written permit signed by the City's authorized representative. C. The type, capacities, location, and layout of an SSTS shall comply with all requirement of Minnesota Rules Chapter 7080, and applicable Chapter of this Code. D. The owner of the house or buildingshall hall operate and maintain the SSTS in a sanitary manner at all times and at no expense to the City, E.Nothing in this section shall be construed to replace or supersede any additional requirements that may be imposed by the Minnesota Pollution Control Agency,the State Department of Health, or the other responsible federal, state, or local governmental authorities. Agenda Page 137 City Code: Private Sewage Disposal System Page 2 O_A_'f. STATE REGULATIONS Ai OPT- D; AM-E- DT- iTiNTC. sewage 4ea4ment and disposal systems shall eomply wi+h the tHiiiitntifn standar-ds set fafth in ehap 7080. pai4 7080.0020 shall a-pply� (Ofd. 1993 7, 6 15 1993; affid. 2005 Gade) slo e f d.,,.. .Ety (tin) „4„s pef e +hose systetns eotntnenly knowii as seepage beds,tfeiiehes, dr-ainfields, disposal fields, a 1.3.3 Building offieial: the eity of Alhe4#;,411e budding offieial, &H -authoff-i-i-ed agent of that offiee the- ty employee appointed by .,l„4;.,,, . f the ty ..;1 9 A 2. STANDARD ON SITE CVCTEA4 LOCATION A TION AND illi CT!'N1 A. allowed to iiistall an individttal sewage disposal systetn. 2. Site Evaltta4ioii� All pr-oposed sites fef iiidivi"al sewage disposal systetns shall be evaltta4ed by-a Mimiesotft pollti4ioi4 eofttfol ageney eei4ified site evaltta4of. Pefeela4ien tests, soil tests, and bar-44gs shall be eefidtteted by eei4ified site e3valtiatefs, and da4a ffE)tn+hese tests shall be sub-M-itted-to the building offieial for-appr-oval prior-to issi-i-anlee of a sewage disposal andlo+ B. Design ,.haptef 7040 ;+h+he f llo ifig ,,dditioi4a i4•1s• A M-in-iffl-tHnof two (7) 1,000 gallon soptie tanks m st be,used for-all systems. d(1,000) s"afe fee*efdr-Ai4iAel will be fe"ir-ed for-all #mdar-d 4e .t, sl t„i4vs andto the first ,a-,.r of ,a;s4ibti4ioR bo, e. Eaeh iiew bttilding site tnttst have spaee available for-a pfitn-..y 1-11tte .,stem and cffi +1 ey , Ply*44 Al1 ,.4Rf P of 11;s ,.liaple 2. Of Designers: The sewage disposal S�'Stl_affl_M-4-414 desiped by a designer-who -h--A,-; G. heeatioii Pfehibitians� Standafd a.. site e. systems shall be pr-ohibited w4hiii the fallowing 1, a4 s Agenda Page 138 City Code: Private Sewage Disposal System Page 3 > d-.,;,,1 t-A d A:p d *L,-, 4 11.,.1.;,, .• 1. Aiiy watef smapply well, E)f btified watef sttetiaii pipe� Fifty feet (50'). . PfeFeft�, liiies�Ten feet 4. Btffr a pipe ,a;s.,-ibt4iiig. ,,,tmandef . : Twenty feet(20') 5 ree drainage systems s'aE field file liiies. Fifty Get/fir 6. Sffffa"merge-systetns s'aEhas-apeii dite T� feet(30'). 7. Shalk)�,N,welk Wells less than fifty feet (50') iii depth and iiet eiieettf4efing a4 least teii feet(10'� of impefvietts tnatefial shall be leeated at least e*e httndr-ed fifty feet i disposal field, E. Disehar-ge Of Sewage: Raw sewage, septie tank effluent, or- seepage f+Offl- -aso-il _Abso any well E)f othef eEeftVatieii iii t4e gfemand whieh does fiat eetnply with the feEftlifeffiefits Of this ehapter, This feq-ttir-etnet4 shall i4et"ply to the disposal of �ofdamnee ,N,44 a pr-E)eess 9 4 4; T TTi'RN A TT47E SYSTEMS: A. 14old4ig T„+iys• as e, for- sewage disposal for-. ies whei4 staiidafd 4eattneiit systetns eafiditiefts fe"ir-e the shaft tefm muse of a holdifig ta*k as aft individttal sewage disposal systefn. aeeefdamnee with Mimieseta f+tles ehapter-7080. All-plans fef altefnative systetns shall be feviewed b�, toe pe,-mit F .,l b ,t4e ,.;lam, effg4iteatearr41.,,1.,,4,7;,1,.a ffi.;.,1 9 4 51 SETBACKS AND PLACEMENT OF BUILDING SEWERS1 (20') f+om any ate- supply well 11,,,-;0.7 1 ..,to,- 'S ,CE-ti ,, and the;,flet to t1.„ s ptie tank and shall pr-evide a gfade E)f not less than eiie eighth ineh (1/8")pef feet fef fniffitHmam gfades as feeetntneiided by the state pollmation eentfol ageney. The teii feet(10') E)f sewer-immediate* jpfeeediiit the septie tank shall iiet slope tnefe than ene fatH4h iiieh(1/4")per-feet. NE) fight migle Agenda Page 139 City Code: Private Sewage Disposal System Page 4 0 line,)tums 4AII be pe+mit4ed in any sewer- 0 Req+lif-ed: NO Per-SOO, f4+M OF eOI-7POr--A*i A-!-A- shal I in-stall, alter-, make F-epair-s or-extend a-By r the eifie ;„stall,4;.,,, alter-at] v, axte n;"v, The appliea4ion- sh-all be signed by the applieant and- shall be *A- the eity elef4k. 2. Legal Peser-iPtion-An-d-N-1-mm-ea, Of Eaeh appliemion for-a Pe;-4-:"--i* sh-all OVA-BA-ain-thea, P-offeet eEpir-a4ioii date-. afid to seale site plan, said plan to be pr-epafed, a4 the disefetioii of the bttilding offieial, by - b. Of!he eA �tY1�Qefk1=16 CeF S"Ply fffeilTCTIT T--Lme I A-P-Mipffln--A4-4-d-Aff-d-inaly high 3A,atpff--P-A--Ad--c of str-eams, !a-kes and ponds within- hun tanks, soil 4ea4tnent systetns,water- s"ply wells, and btffied pipes a-Rd ti4ility • g. Te v,1„„ f 4otffn n4 h,.E) feet X7'1 iiitefy l n h. The loea4ieii of all soil tr-ea4tneftt systems mid wa4ef s"ply wells oi4 adjoii4iiig lots within one hti*dr-ed fifty feet(150') of 41,x,r e soil 4 "n4.v est n .stern 4. Good-ition-'s—D-A*-A- Eaeh applieaioff for-a permit 4AII Also ine-111de, i4464444ation A44* b. Pept4rto thehighest 1",•,•T r e-Alettla4ed and ` ateF 4cc�c vrvedrroekc. CI44: ,,,,,. ...4ef 400,7;,.,. „b&bi1;4„ F ., 100 �efffSIO+.v design, size ai4d loea4ioii of all pcti4s of the iiidividttal sewage disposal systetn, ai4d 3A4iel+ disposal system,the design for-the sewage disposal system shall be appr-oved prior-to the Applie-At;.,,, D,-.,.,0.7,,,-0x• Agenda Page 140 City Code: Private Sewage Disposal System Page 5 ift&�idttffl Sewage disposal System as feq-ttifed by this ehaptef. The bttildifft AA�PiFll WFH' iff hiS affieial shall make a r-eeemmendation to the eity elef-k ,N,ithin fifteen (15) days after-the bttilding bt-a *A- -Aff allefRa4e SySteM PFOPE)Sai Wi4--i4a ffiffteaefi (15) days after-the eit�, engineer aRA 4. Offieial's Right T-E) Rejeet Appliea4iew The bttilding effieial shall have the fight to .,J*"" eaftnot et the r its of this ,.i.apte, sew o disposal system. appeal before the eity eettneil. —P. A-aiRmit Fee: All applie-Ation-s :-Pff-An- sewage disposal system pei-4-4-4-4 sh-All bea aeeE)MpaffjeA by� ae� ifl- 3 -1 s c���. T--P�1 3 -204-74 (ti) ri, nths f,.r.. the da4e of isstte ofthe pe,— F. Exemption Ffem Pei:fnit� The pe tent does Hot "ply to meaStffifig OF Ptt Pifig PeffO as system maintefla-nee —.-,-..-d by this ehaptef. system shall eenstit�d4e any wftfr-an4y of gttffat4ee of eper-a4ioff of the system. 9-4-3 1-4-7: SEWAGE REMOVAL AND DISCHARGE: A. Unregulated Discharge Prohibited: No person shall discharge the contents of any privy,privy box, vault, sink, septic tank or cesspool anywhere in the city or into any other outdoor sewer installation or at any dump or any sanitary landfill, except at the locations approved by the Minnesota pollution control agency,under the terms and conditions set forth herein and in accordance with this section. B. Transporting Sewage: No part of the contents of any sanitary sewage facility shall be transported into the city,nor shall the contents of any such facility be transported within or through the city unless it is removed and transported by means of an airtight apparatus,pneumatic or otherwise, so as to prevent the contents from being agitated or exposed to open air in the process of removal or transportation. C. Tanks: Any tank,vehicle or other apparatus used in transporting the contents from any such facility must be maintained and operated in such a manner as to avoid the emission of offensive fumes or the spilling or loss of any unsanitary or offensive substance. 9 n Q. iNSFECTIONS2 A. iRspeetions uo,.,,;,-ed; Foo• Agenda Page 141 City Code: Private Sewage Disposal System Page 6 for-eaeh ins. es tte e r er--thi s eetteH.-(Or-d. 291:7 011 3 20 system,4th Salu+da-ys, Sundays and legal holidays being exempted f+om the eomptitation. G. Right Of Aeeess� it shall be the dt" of the E)�,N%er-E)r-oee"a-nt of the ive the bttildi the installer-shall fitmish to the eily a final desefiptieii E)f the systetn as installed. The deser-ipfieff shall the pefmit appfoval, building offieial shall give the deser-ibil4g the fioneomplianee. The , deffl-ain-ded,to en4er--A4-;-,-A be A-M-4-ted to any lands mid pr-ope+4y in the e4y for-the p*Tose of this by eei4iffiedd 4-i-ni-Ail *P-4-;- (10) days iff -Advainee A44--e iffspeelieff -fi-;4-:4h-e-,i4fl-divi"al seWffge diSPOSRI SySleffl. iffl-di-A.4-d4affill se-wage disposal syslem deIea;_4RA_4A_ead_*A- be i,-A- of the+:e"if:eMei4ts AfflRe F*4e F l l o ii4g measwesi 2. Gessa4ieft Of Use� Cease mid desist ffE)tn t4e tise of the iiidividttal sewage disposal systetn. Agenda Page 142 City Code: Private Sewage Disposal System Page 7 pf�oofofPumping. D. Failtffe T-E) Gemply� Failtffe to eetnply ,N,ith these tneastffes within iiii4e�y (90) days shall ee*stitti4e a e4efeemeiit E)f this seetion shall be that E)f the pfopei4y ownef. The pfepei4y E)�,N%ef shall feimbtff s-e the eity for- said eests or-shall be sttbjeet to cffi assesstneiit against the jpr- 3r-daiiee ,N,ith 9 4 101 REMOVAL OF ABANDONED, NONFUNCTIONAL SYST-1EA i4ifie ;„stalleiii dffnee with this ,.i.apte,- r_-easideaifftial system�A44ei4 t4e sysleiffi-is 4-;-A-*4-1sead fef a period of 1we (2)yeaf s of mofe a4-;-d is ii; A ;*A* to ffsewefFdRieipaIste c_ J2r-Ar,1aAI e Faf Remavffl- Removal of aRy 44divi"al sewage disposal system s4all be plar4milad ii; Etf -Arce-Aff-d-Alflee with the pr-oeess oti4lin-ed-in-this sub-seetio-in. The fellowing steps shall be Walcen-in-r_-effl_ 2. E�Eea-,�a4e and femove ffny holding, ster-age of other-type of taiik if said tank is Stf+tettffftIIY 4. Reseive any tors-;ikOd *i,o ,i, OXW, .,*;,,,, 7 Seedwith ..,a e 4;1.1„with the ., „ftp e p„bi;, P TiA4[a 9A4:R P444RATAI ISIA iIAdiA'id4IAI sewage disposal syslem 4hall be Abaiidoiied until Aind imless 4e May 1. 9 4 442 MA INTEi lir A NC R QUIREi AiiTi NTS.2 A. G+ean-earr-al ReEmir-eme+its: To enswe the, -an-d-effieient oper---ation- of 4ndividual sewage systems,the of pcR4 7090 n i 3 n „t pcR4 5(A). weeks; _11.,.x.;,,..the da4e . f inspeetio Agenda Page 143 City Code: Private Sewage Disposal System Page 8 of any SettleA. box 4AII aFfange for-the opening (44e box And 4e r-emPATAI made eight (8)to �welve (12)hE)tff s after-the first meastifemeH4, dtffing w4ieh time ne li"id shall disehafged into the seepage pit. if-, as a festilt of the seeend meastffemefit, it is fe�d thm the li"id level in the pit has not lewefed a4 least twe feet(2') Affing the indiemed pefied of time, an aeeeptable soil abs . I* I I n shall be pr-E)3vided within niiiely (90) days of the da4e of iiispeeti r-eear-dsfor- ily inspeetion. of this seetion,the ei e meastffes for-inspeetion afid maintenanee of said system. The elefk shall notify the e3v�%er-by eei4ified mail ten (10) days in a&a-nee of any aetion by the eity. T- ownef of said system shall be fespensible fef all eests asseeimed with the -.4, ii-speetien and eests. The &*%er- shall feimbtff se the eity for- said eests of shall be sttbj eet to an assess oft is eh"tef. 9-4-4 0 4-L:: ADMINISTRATION AND ENFORCEMENT OFFICIALS: A. City Clerk: The city clerk shall be responsible for the administration and issuance of orders required by this chapter. The clerk shall be empowered to cooperate with local and state personnel in the enforcement of this chapter and state regulations,rules and requirements relating to sewage disposal. B. Building Official: The building official shall be responsible for the enforcement of the provisions of this chapter,including performance of investigation review, site and system inspection, compliance with chapter requirements,permit review and system design analysis on all systems. The building official may refer any design to the city engineer for analysis if,in the building official's discretion, such analysis is required. C. Delegation Of Duties: The city council may delegate all provisions for administration and enforcement activities to other units of government where it is determined that funding and staffing are marginally adequate to ensure adherence to the requirements of this chapter and all other applicable rules and regulations. 9-4-5 1-4-13: MISDEMEANOR VIOLATION: Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and,upon conviction thereof, shall be punished pursuant to section 1-4-1 of this code. Each day that any violation is continued shall constitute a separate offense. 9-4-6 9 4-141 APPEALS: Appeals from the building official's decision and requests for variances as to any provisions of this chapter may be made to the city. The city council may grant a variance to the strict terns or requirements of this chapter as it affects specific tracts of land if it finds: Agenda Page 144 City Code:Private Sewage Disposal System Page 9 A. It is shown by reason of topography or other physical conditions that strict compliance with requirements of this chapter could cause an exceptional and undue hardship to the enjoyment of a substantial property right. B. By the granting of the variance,the spirit and intent of this chapter will not be adversely affected. C. That the variance will not be injurious to the health and/or general welfare of 1. The users of the system for which the variance is sought; 2. The adjacent property owners; and 3. The general community as a whole. D. That the establishment,maintenance, or operation of the system as permitted by the variance will not be detrimental to or endanger the public health, safety or general welfare,and is not contrary to established standards,regulations, or ordinances of other governmental agencies. 9-4-7 9 4-15: LIABILITY FOR SEWAGE SYSTEM: This chapter shall not relieve or lessen the responsibility or liability of any person owning, operating, controlling, or installing any sewage disposal system, or disposing of bulk sewage, for damage to persons or property or any other injury occasioned thereby. The city assumes no responsibility for the proper, safe, and efficient functioning and performance of sewage disposal systems installed,renovated, or maintained pursuant to the requirements contained herein. Agenda Page 145 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021-12 AN ORDINANCE AMENDING TITLE 9, CHAPTER 4 OF THE ALBERTVILLE CITY CODE RELATING TO PRIVATE SEWAGE DISPOSAL SYSTEMS The City Council of the City of Albertville,Minnesota hereby ordains: Section 1. Chapter 9, Title 4 of the Albertville City Code is hereby amended to read as follows: 9-4-1: SCOPE: This chapter shall apply to all on-site sewage disposal systems in the City as of the effective date hereof and to all subsequently constructed sewage disposal systems. Sewer installation shall be regulated by all requirements of this chapter. All individual sewage disposal systems installed subsequent to the effective date hereof and all alterations, extensions and repairs to individual sewage disposal systems, irrespective of the date of original installation, shall be regulated in accordance with all of the requirements of this chapter. Any individual sewage disposal system or pertinent part thereof, regardless of the date of original installation, which is not located, constructed, installed or functioning in accordance with this chapter shall be so relocated, reconstructed, reinstalled or repaired as to comply with the requirements hereof. 9-4-2: SUBSURFACE SEWAGE TREATMENT SYSTEMS (SSTS) A. Where a public sewer is not available under the provision of 9-3-4, the house or building sewer shall be connected to a Subsurface Sewage Treatment System (SSTS) complying with the provision of this section. The provisions of Minnesota Rules Chapter 7080-7083, Subsurface Sewage Treatment Systems Program, as is may be amended, are hereby incorporated in this Code by reference and shall constitute the minimum standards under which an individual SSTS may be installed, operated and maintained. B. Prior to commencement of construction of an SSTS of the house or building, the owner shall first obtain a written permit signed by the City's authorized representative. C. The type, capacities,location, and layout of an SSTS shall comply with all requirement of Minnesota Rules Chapter 7080, and applicable Chapter of this Code. D.The owner of the house or building shall operate and maintain the SSTS in a sanitary manner at all times and at no expense to the City. E. Nothing in this section shall be construed to replace or supersede any additional requirements that may be imposed by the Minnesota Pollution Control Agency, the State Department of Health, or the other responsible federal, state, or local governmental authorities. 9-4-3: SEWAGE REMOVAL AND DISCHARGE: A. Unregulated Discharge Prohibited: No person shall discharge the contents of any privy, privy box,vault, sink, septic tank or cesspool anywhere in the City or into any other outdoor sewer installation or at any dump or any sanitary landfill, except at the locations approved by the Minnesota pollution control agency,under the terms and conditions set forth herein and in accordance with this section. Agenda Page 146 City of Albertville Ordinance No. 2021-12 Meeting of October 4,2021 Page 2 B. Transporting Sewage: No part of the contents of any sanitary sewage facility shall be transported into the City,nor shall the contents of any such facility be transported within or through the City unless it is removed and transported by means of an airtight apparatus, pneumatic or otherwise, so as to prevent the contents from being agitated or exposed to open air in the process of removal or transportation. C. Tanks: Any tank, vehicle or other apparatus used in transporting the contents from any such facility must be maintained and operated in such a manner as to avoid the emission of offensive fumes or the spilling or loss of any unsanitary or offensive substance. 9-4-4: ADMINISTRATION AND ENFORCEMENT OFFICIALS: A. City Clerk: The City Clerk shall be responsible for the administration and issuance of orders required by this chapter. The Clerk shall be empowered to cooperate with local and state personnel in the enforcement of this chapter and state regulations,rules and requirements relating to sewage disposal. B. Building Official: The Building Official shall be responsible for the enforcement of the provisions of this chapter, including performance of investigation review, site and system inspection, compliance with chapter requirements, permit review and system design analysis on all systems. The Building Official may refer any design to the City Engineer for analysis if, in the building official's discretion, such analysis is required. C. Delegation Of Duties: The City Council may delegate all provisions for administration and enforcement activities to other units of government where it is determined that funding and staffing are marginally adequate to ensure adherence to the requirements of this chapter and all other applicable rules and regulations. 9-4-5: MISDEMEANOR VIOLATION: Any person,firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished pursuant to section 1-4-1 of this code. Each day that any violation is continued shall constitute a separate offense. 9-4-6 APPEALS Appeals from the building official's decision and requests for variances as to any provisions of this chapter may be made to the city. The city council may grant a variance to the strict terms or requirements of this chapter as it affects specific tracts of land if it finds: A. It is shown by reason of topography or other physical conditions that strict compliance with requirements of this chapter could cause an exceptional and undue hardship to the enjoyment of a substantial property right. B. By the granting of the variance,the spirit and intent of this chapter will not be adversely affected. C. That the variance will not be injurious to the health and/or general welfare of: 1. The users of the system for which the variance is sought; 2. The adjacent property owners; and 3. The general community as a whole. D. That the establishment, maintenance, or operation of the system as permitted by the variance will not be detrimental to or endanger the public health, safety or general welfare, and is not contrary to established standards, regulations, or ordinances of other governmental agencies. Agenda Page 147 City of Albertville Ordinance No. 2021-12 Meeting of October 4,2021 Page 3 9-4-7: LIABILITY FOR SEWAGE SYSTEM: This chapter shall not relieve or lessen the responsibility or liability of any person owning, operating, controlling, or installing any sewage disposal system, or disposing of bulk sewage, for damage to persons or property or any other injury occasioned thereby. The City assumes no responsibility for the proper, safe, and efficient functioning and performance of sewage disposal systems installed, renovated, or maintained pursuant to the requirements contained herein. Section 2. This Ordinance shall be effective upon it passage and publication according to law. Adopted by the City Council of the City of Albertville this 4th day of October, 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 148 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY ORDINANCE NO. 2021-12 AN ORDINANCE AMENDING TITLE 9, CHAPTER 4 OF THE ALBERTVILLE CITY CODE RELATING TO PRIVATE SEWAGE DISPOSAL SYSTEMS NOTICE IS HEREBY GIVEN that on October 4, 2021, Ordinance 2021-12 was adopted by the City Council of the City of Albertville. This ordinance regulates private sewage disposal systems in the City of Albertville. NOTICE IS FURTHER GIVEN that due to the lengthy nature lengthy nature of Ordinance 2021-12, the following summary of the ordinance has been prepared for publication as authorized by state law. NOTICE IS FURTHER GIVEN that the ordinance amendment adopted by the City Council amends the Albertville City Code as follows: • Amends Title 9, Chapter 4 update the section regarding the Private Sewage Disposal Systems and to transfer authority for permitting, regulating and enforcement of Subsurface Sewage Treatment Systems (SSTS) from the City of Albertville to an authorized user. A printed copy of the full ordinance amendment is available for inspection by any person during the City's regular office hours. Adopted by the City Council of the City of Albertville this 0 day of October, 2021. ATTEST: Kristine A. Luedke Albertville City Clerk Published in the Crow River News: Agenda Page 149 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2021-041 A RESOLUTION TO TRANSFER JURISDICTION OF SUBSURFACE SEWER TREATMENT SYSTEMS IN THE CITY OF ALBERTVILLE TO WRIGHT COUNTY WHEREAS,the City of Albertville has provided standards for regulating Subsurface Sewage Treatment Systems (SSTS)in efforts to provide safe means of sewage treatment and disposal; and WHEREAS,the City of Albertville has been the regulating authority for Subsurface Sewage Treatment Systems within the City's limits; and WHEREAS,the City wishes, to turn over the authority for regulating and enforcing Subsurface Sewage Treatment Systems and Wright County take said responsibility. NOW,THEREFORE,BE IT RESOLVED,the City Council of the City of Albertville hereby approves: 1. The City seeks to halt its jurisdiction over the regulation and enforcement of Subsurface Sewage Treatment Systems and transfer such jurisdiction to Wright county effective, October 4, 2021. 2. The City shall cooperate fully in providing all necessary records and documentation to Wright County regarding Subsurface Sewage Treatment Systems within the City of Albertville. 3. The transferring of the responsibility of regulating and enforcing Subsurface Sewage Treatment Systems from the City of Albertville to Wright County is hereby approved. Adopted by the City Council of the City of Albertville this 4" day of October,2021. Jillian Hendrickson,Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 150