2013-08-05 CC Packet
City of Albertville Council Agenda
Monday, August 5, 2013
City Council Chambers
7:00 PM
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.
M:\Public Data\City Council\Council Agendas\2013 Agendas\080513 Council Agenda.doc
Meeting Date: August 5, 2013
1. Call to Order
2. Pledge of Allegiance – Roll Call
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.
These items will be approved by a separate motion.
A. Approve the July 15, 2013 regular City Council meeting minutes as presented (pgs 4-7)
B. Approve the July 15, 2013 City Council Workshop meeting minutes as presented (pgs
8-10)
C. Authorize the Monday, August 5, 2013 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 (pg 11)
D. Accept the draft July 8, 2013 STMA Ice Arena Board meeting minutes as presented
(pgs 12-13)
E. Approve the application and permit for 1-Day Temporary Consumption and Display
Permit for the Albertville Fire Department for the Annual Fall Party and Retirement
Dinner to be held on September 14, 2013 (pgs 14)
F. Accept the 2013 2nd Quarter Accounts Receivable Report (pgs 15-17)
G. Accept the 2013 2nd Quarter Budget to Actual Report (pgs 18-19)
H. Approve Resolution No. 2013-025, a Resolution Adjusting Special Assessment For
Gerhardt Knechtl Property For I-94 Collector Distributor Road (pgs 20-22)
7. Department Business
A. City Clerk
1). Willy McCoy’s Liquor License (pgs 23-26)
Agenda Page 1
City of Albertville Council Agenda
Monday, August 5, 2013 Page 2 of 3
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Meeting Date: August 5, 2013
8. Guardian Angels Public Hearings and Proposed Development Items – See Action
Items Page (pg 27)
9. Department Business - Continued
B. Public Works / Engineering
1). Winter Park Gazebo (pg 127)
(Motion to approve purchasing a 20 square foot shelter to be installed at Winter
Park for $15,859.00 plus tax.)
2). Public Works Report (pg 128)
C. City Council
1). Committee Updates (STMA Arena, Planning, JPWB, etc.)
D. Finance
1). Approval of the 2013 Mid-Year Certification of Uncollected Utility Bills (pgs
129-131)
(Motion to Approve Resolution No. 2013-033 entitled a Resolution Certifying the
2013 Mid-Year Uncollected Utility Bills to Wright County for Collection with
Real Estate Taxes.)
E. Planning/Zoning
1). Fence Ordinance Amendment (pgs 132-139)
(Motion to Adopt Ordinance No. 2013-07 approving a fence ordinance
amendment to require fence height as described in Section 1000.6.G Residential
District Fences, Section 1000.5.C Single-Family or Two-Family Dwelling Pools,
and Section 1000.5.D Multiple-Family Dwellings, Clubs And Organization
Pools.)
F. Building - None
G. Legal - None
H. Administration
1). City Administrator’s Update (pgs 140-142)
10. Announcements and/or Upcoming Meetings
August 9 St. Michael Bowling Challenge, 5:30 p.m.
August 12 STMA Ice Arena Board, 6:00 p.m.
City Council Budget Workshop, 7:00 p.m.
August 13 Planning Commission, 7:00 p.m.
August 19 City Council, 7:00 p.m.
Budget Workshop to Follow Regular Meeting
Agenda Page 2
City of Albertville Council Agenda
Monday, August 5, 2013 Page 3 of 3
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Meeting Date: August 5, 2013
August 26 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 7:30 p.m.
September 2 City Offices Closed, Labor Day
September 3 City Council, 7:00 p.m.
September 9 STMA Ice Arena Board, 6:00 p.m.
September 10 Planning Commission, 7:00 p.m.
September 16 City Council, 7:00 p.m.
September 23 Joint Powers Water Board, 6:30 p.m.
AUGUST
SEPTEMBER
Su M Tu W Th F Sa
Su M Tu W Th F Sa
1 2 3
1 H 2 CC 3 4 5 6 7
4 CC 5 6 7 8 9 10
8 Ice 9 PZ 10 11 12 13 14
11 Ice 12 PZ 13 14 15 16 17
15 CC 16 17 18 19 20 21
18 CC 19 20 21 22 23 24
22 JP23 24 25 26 27 28
25 JP26PK 27 28 29 30 31 29 30
11. Adjournment
Agenda Page 3
Page 1
ALBERTVILLE CITY COUNCIL
Monday, July 15, 2013
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:00 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch, and Wagner
Absent: None
Others Present: City Administrator-PWD Adam Nafstad, City Attorney Michael Couri, City
Planner Alan Brixius, Finance Director Tina Lannes, City Clerk Kimberly Olson, Mike Melberg,
and Samara Postuma
3. PUBLIC FORUM
There was no one present to speak at the forum.
4. APPROVAL OF THE AGENDA
Motioned by Wagner, seconded by Olson, to approve the agenda as presented. Ayes:
Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
5. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by City Staff and will be enacted
by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the
Consent Agenda following the approval of the remaining Consent items. These items will be
approved by a separate motion.
A. Approve the July 1, 2013 regular City Council meeting minutes as presented
B. Accept the June 10, 2013 STMA Ice Arena Board meeting minutes as presented
C. Authorize the Monday, July 15, 2013 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
Agenda Page 4
City Council Meeting Minutes Page 2
Regular Meeting of July 15, 2013
D. Approve the Terms and Conditions for Issuance of Conduit Debt Policy
E. Approve Resolution 2013-021 Authorizing Execution of a Joint Powers Agreement With
the City of Otsego and Approving a Joint Public Hearing (Evans Park, Inc. Project)
F. Approve Resolution 2013-022 Authorizing a Joint Powers Agreement with the City of Elk
River and Giving Preliminary Approval to the Issuance by the City of Albertville of
Refunding Revenue Bonds (Evans Park, Inc. Project)
G. Approve the Major Outdoor Music Event Permit for Infit/Anytime Fitness for August 21,
2013 for the hour of 4:30 p.m. to 8:00 p.m. at 6589 Laketowne Place NE in Albertville,
Minnesota
Motioned by Olson, seconded by Sorensen, to approve the consent agenda as presented. Ayes:
Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
6. PUBLIC HEARINGS - None
7. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Ice Arena, Planning Commission, JPWB, Joint Fire Board, and
Parks Committee)
Planning Commission
Olson reported the Planning Commission recommended approval of the Guardian
Angels project, Federated Co-op, Inc. Addition, and the fence height ordinance. The
Commission had two concerns regarding Guardian Angels. They are 51st Street NE
turnabout and if care would be available to those under the age of 60. Brixius stated
someone who would need the type of care and housing Guardian Angels provides
would be eligible. Couri would make sure the proper wording is included in the
developer’s agreement. Nafstad stated he has been in contact with Guardian Angels
about building the cul-de-sac and ditch work outlined in the agreement.
Joint Powers Water Board
Hendrickson stated she cannot attend the next meeting. Wagner volunteered to go to
the meeting.
STMA Ice Arena
Sorensen stated they have mostly discussed the roof issue. Nafstad reported he spoke
with the architect about different options to fix the roof and due to the fluctuation in
the location of the drips, it would be difficult to put in an intermediate fix.
Agenda Page 5
City Council Meeting Minutes Page 3
Regular Meeting of July 15, 2013
B. Planning and Zoning
1). Federated Co-ops, Inc. Property – Preliminary- Final Plat, Zoning Amendment
(From B-3, Highway Commercial to PUD, Planned Unit Development), and
Site and Building Plans
Brixius reported Federated Co-ops, Inc. is seeking a building expansion and will be
replacing the fuel tanks on a property they are purchasing. The agri-business use
does not necessarily fit in the B-3 zone; therefore, they will be rezoning the area to
Planned Unit Development.
Motion to adopt Resolution Number 2013-023 entitled a Resolution approving a
preliminary/final plat entitled Federated Co-ops, Inc. Addition, relating to the
Federated Co-ops Inc. property located at 11229 60th Avenue NE in the City of
Albertville.
Motion to adopt Ordinance Number 2013-005 entitled an Ordinance amending the
official Zoning Map of the City of Albertville, relating to the Federated Co-ops,
Inc. property located at 11229 60th Avenue NE in the City of Albertville.
Motion to approve Resolution Number 2013-024 entitled a Resolution approving
site and building plans for Federated Co-ops, Inc. located at 11229 60th Avenue
NE in the City of Albertville.
C. Finance - None
D. City Clerk - None
E. Public Works and Engineering – None
F. Building – None
G. Legal - None
H. Administration
1). City Administrator’s Update
Nafstad reported he is working with trade companies to see if the improvement costs
for the old Public Works Building will go over the limit set in the agreement with the
Soccer Club and require the bidding process.
Nafstad reported Lannes has done much research regarding the communications
interconnect. He stated wireless options may not be secure or reliable as desired. It
looks like hardwire between the buildings will be the answer and they are working
with the STMA School District on that option.
Agenda Page 6
City Council Meeting Minutes Page 4
Regular Meeting of July 15, 2013
Nafstad reported crews will be working on the I-94 Collector-Distributor road
finishing punch lists items and the exit will be closed for a short time.
Nafstad reminded the Council of the bowling challenge against St. Michael on August
9.
8. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS
A. STMA Trapshooting Team
Coach Scott Berning stated that the number of trapshooting teams has doubled in the last
year and they expect it to increase significantly again in the coming year. The STMA
Trapshooting Team won their conference and went on to win to the State Championship
for a second year in a row. Weather conditions during the championship were difficult this
year. Several members of the team also won individual honors. Berning stated they have
a very dedicated team of coaches and have a great team of kids to work with.
Hendrickson presented Berning and the team a certificate of recognition.
9. ANNOUNCEMENTS and/or UPCOMING MEETINGS
July 22 Joint Powers Water Board, 6:30 p.m.
August 5 City Council, 7:00 p.m.
August 9 St. Michael Bowling Challenge, 5:30 p.m.
August 12 STMA Ice Arena Board, 6:00 p.m.
City Council Budget Workshop, 7:00 p.m.
August 13 Planning Commission, 7:00 p.m.
August 19 City Council, 7:00 p.m.
Budget Workshop to Immediately Follow
August 26 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 8:00 p.m.
10. ADJOURN MEETING
Motioned by Wagner, seconded by Olson, to adjourn the meeting at 7:45 p.m. Ayes:
Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None.
MOTION DECLARED CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
Agenda Page 7
ALBERTVILLE CITY COUNCIL WORKSHOP
ALBERTVILLE CITY HALL
Monday, July 15, 2013
DRAFT MINUTES
1. CALL TO ORDER
The meeting began at 7:48 p.m.
Present: Mayor Jillian Hendrickson and Council members Rob Olson, Larry Sorensen, John
Vetsch and Dan Wagner
Absent: None
Others Present: City Administrator/Engineer-PWD Adam Nafstad, Finance Director Tina
Lannes, City Clerk Kimberly Olson, and Samara Postuma
2. PRELIMINARY BUDGET CALENDAR
Nafstad reviewed the proposed workshop dates of August 12 and 19, stating the preliminary
budget must be adopted at the September 3 City Council meeting.
Sorensen stated the Fire Relief Association would like to come to the first of the upcoming
budget work sessions and confirmed that would be the August 12 meeting.
3. BUDGET DISCUSSION
Lannes provided an overview of the budget process, stating the preliminary budget is due by
September 15 and the general levy can only be decreased, not increased, after that. The final
budget is due by December 15, 2013, so the budget will need City Council approval at the
December 2 City Council meeting.
Vetsch stated stormwater improvements for the recent flooding areas will be a big item to
discuss – he stated he was not aware the flooded area extended as far as it did.
Nafstad suggested they focus on two main infrastructure projects in 2014: stormwater
improvements to 54th Avenue NE and Barthel Industrial Drive NEarea and 57th Street NE street
improvements to coincide with the Church of St. Albert’s improvement plans. Olson inquired
about funding the stormwater improvements and Nafstad replied the stormwater improvement
project will have a significant impact on reserve funds.
Agenda Page 8
City of Albertville Page 2 of 3
City Council Workshop Minutes
Meeting of July 15, 2013
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Lannes reported that Albertville is slated to receive Local Government Aid (LGA) funds this
year and will receive the official notification in August. She stated that staff recommends that
any and all LGA received should pay back the SAC fund. She explained that putting LGA funds
into operations would be a risk to the City if they should not receive the full amount or no longer
receive it in the years to come. She stated they will be looking at the enterprise fund rates this
fall.
Lannes reported the City has a three percent levy limit imposed on them and it is due to the LGA
they will be receiving. She stated that staff is proposing to present Council the three percent
levy limit for operations for the preliminary 2014 budget. The debt levy is in addition to
operations levy and is not part of the levy limit. The City is bound by the debt payment
schedule.
Lannes stated the numbers in her budget are very fluid as she must estimate increases in items
such as fuel, insurance, cost of living increases, and materials. Actual figures for some of these
items will be verified in August.
Clerk Olson reported the City’s voting precinct is beyond recommended capacity. Staff
recommends splitting the City into two voting precincts rather than one. There will be some
additional upfront costs and staff would need to find a suitable location for another precinct, but
there would be much less congestion for voters and would be easier on election judges and staff.
Nafstad reported they are looking at overall room rental policies. He stated the City Hall
building is used heavily by non-profit groups and they consist of about 75% of the rentals. The
City does not gain revenue by its rental fees. The time associated with room rentals is nearly
equivalent to one full-time position. There are equipment replacement needs and costs
associated with upkeep of the room and equipment. Olson stated surrounding cities charge a
fairly nominal fee to their non-profits and Nafstad stated they are not looking to make money,
but to offset the costs associated with having a building and rooms available for rental. Council
suggested coming back with a proposed rental rate schedule.
Nafstad inquired if there were items Council would like to see in the budget.
Hendrickson suggested possible lobbying. Olson would like to have a lobbyist group present
their services to the City Council to see if the Council would like to pursue using those services
Albertville’s community needs.
Nafstad stated they are still researching iPads.
Vetsch inquired about River Rider transportation service. Nafstad replied that Albertville’s
share of the combined multi-city cost is not big enough to warrant adding it as a line item in the
budget.
Sorensen inquired about fiber connections for communications. Nafstad stated there are funds in
the City Hall capital reserves and he would recommend that the STMA Ice Arena fund their
Agenda Page 9
City of Albertville Page 3 of 3
City Council Workshop Minutes
Meeting of July 15, 2013
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portion of the fiber connections to their building. Lannes stated that it could be a loan to help the
STMA Ice Arena budget.
Hendrickson inquired if there was enough for website support and two annual newsletter the City
will produce. Lannes replied she increased the budget for these items. She added that she also
added funds to replace the City’s computers on a regular basis.
4. ADJOURNMENT
Motioned by Sorensen, seconded by Hendrickson, to adjourn the meeting at 9:06 p.m. Ayes:
Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Respectfully submitted,
____________________________________
Kimberly A. Olson, City Clerk
Agenda Page 10
Mayor and Council Request for Action
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Meeting Date: August 5, 2013
July 31, 2013
SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, August 5, 2013 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 Expenses/Vendors (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 11
ST. MICHAEL-ALBERTVILLE ARENA BOARD MINUTES
July 8, 2013
6:00 p.m.
Present: Chairman Jeff Lindquist and Members, Dan Wagner, Chris Schumm, Kevin Kasel, and
Larry Sorensen were present. Member Gayle Weber and Arena Manager Grant Fitch were absent.
Also present: City Administrator/PWD Adam Nafstad, City Finance Director Tina Lannes, Youth
Hockey Association Representatives, Kurt Sjelin, and Matt Mayer from KDV. The meeting was called
to order at 6:03 p.m. by Chairman Lindquist.
Set Agenda
Members Schumm/Sorensen moved to set the agenda as presented. All voted aye.
Approval of Minutes
Members Sorensen/Schumm moved to approve the minutes of the June 10, 2013, as amended, Board
Meeting. All voted aye.
Special Reporting District
Matt Mayer from KDV presented to the board the requirements from the Office of the State Auditor
that the arena should be a special reporting district. He continued to go over the requirements of this
type of district including having separate financial statements that are audited. City staff will work
with the City Attorney on the process going forward with the requirements of the state.
Finance Reports
Finance Director Lannes informed the board that the $10,000 check for 2012 was received from the
school district on July 8th. Chairman Lindquist asked about the expense of $950.00 for the arena z
door repair. Nafstad explained that the doors were heaved and we contracted it out because the risk of
breaking a cooling tube was too great. Members Schumm/Wagner moved to approve the June 2013
list of claims in the amount of $9,173.56 and the June Financial Report as presented. All voted aye.
Arena Manager’s Report
Nafstad updated the board on the roof issues and stated he expects to have the architect present the
design options at the August meeting. Nafstad stated that he is of the impression that the options will
all be a rather significant and unlikely achievable prior to the 2013/14 season. Wagner asked if there
were any options for some type of temporary gutter system or diaper to get us through the season.
Nafstad stated that leaks are being managed very well and that they are slowing down, and it is likely
that we will not notice the dripping once the outdoor temperature falls. The Board stated safety is top
priority and of the most concern. Nafstad stated that the Youth Hockey Association had shared their
concerns with Grant, and they too were concerned about safely, and whether or not it was appropriate
to hold tournaments in the facility. The board directed staff to look at a possible gutter system or tent
systems to redirect the drippings off the ice as a backup plan.
Kurt Sjelin from youth hockey asked the question about how the Board feels the ice will be if they
were to accept the District 5 regional tournament or should they turn it down. His concern is safety
and if the ice will be usable. The board let Sjelin know that it is up to him whether or not to have the
tournament this year.
Old Business
Lannes updated the Board on the transfer of advertising from Franklin Outdoor to Youth Hockey.
Franklin Outdoor wants the Arena Board or Youth Hockey to buy the remaining contracts in the
amount of $5,500. Nafstad stated it would have to be the Board that buys out the contracts and then
Youth Hockey could reimburse the $5,500 and take over the contracts. There was no action needed at
Agenda Page 12
STMA Ice Arena
June 10, 2013 Minutes
Page 2
this time. Staff will continue to work with Youth Hockey and once the agreements are ready they will
be presented to the board.
Lindquist provided an update on the School Board’s meeting in regards to the outdoor sheet of ice.
The Board liked the idea and was in favor of allowing youth hockey to use that land for the outdoor
sheet of ice. There are still details and issues to work out and Youth Hockey will be providing the
School Superintendent with the details and description of the project.
Youth Hockey Association
Sjelin told the Board that the dry land facility is coming along well and they are just waiting on the
building official to confirm what needs to be done with the air exchange system. They hope to open
the facility in August.
Adjourn
Members Wagner/Kasel moved to adjourn at 6:58 p.m. All voted aye.
Attest:
__________________________________
Tina Lannes, City Finance Director
Agenda Page 13
Agenda Page 14
Mayor and Council Communication
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Meeting Date: August 5, 2013
July 24, 2013
SUBJECT: CONSENT - FINANCE - ACCOUNTS RECEIVABLE REPORT
INTRODUCTION: This space on the agenda is reserved for the City Council to consider the
Finance Department Accounts Receivable Report.
ACCOUNTS RECEIVABLE:
Total accounts receivable outstanding through July 24, 2013 is $119,125.34. The percentage of
the total due based on the aging report is as follows:
0-30 days outstanding $112,522.19 94.46%
30-60 days outstanding $ 3,481.87 2.92%
60-90 days outstanding $ 1,747.04 1.47%
Over 90 days outstanding $ 1,374.24 1.15%
POLICY/PRACTICES CONSIDERATIONS: The Mayor and Council review monthly
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 by: Adam Nafstad, City Administrator-PWD
Attachment(s): Accounts Receivable Report
Agenda Page 15
Mayor and Council Communication – August 5, 2013
FINANCE – Accounts Receivable Report Page 2 of 3
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Meeting Date: August 5, 2013
Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days & Over
ALBERTVILLE LLC $320.63 $320.63
ALBERTVILLE PREMIUM OUTLETS $409.65 $367.50 $42.15
ALDRICH, CORLIE $450.00 $450.00
ALPINE CAPITAL $320.63 $320.63
ANDERSON, MIKE & SUSAN $450.00 $450.00
ARNS, NORMAN $450.00 $450.00
AUGER, MURRAY $450.00 $450.00
BANK OF AMERICA $160.32 $160.32
BETHKE, AARON $200.00 $200.00
BROWN, CHRIS & TESA $104.17 $104.17
BURDA, LANCE & LAYLA $384.60 $384.60
CAPITAL LAND INVESTMENTS LL $100.00 $100.00
CASPRAY-SHEPHERD, TANYA $104.17 $104.17
CBS OUTDOOR $75.00 $75.00
CEDERGREN, BRAD $450.00 $450.00
DANIELLE JONES $502.25 $502.25
DOMINIUM DEVELOPMENT $450.00 $450.00
DOMINIUM MGMT SERVICES $450.00 $450.00
DONAHUE, KELLEY $104.17 $104.17
ELAM, TIM & MEGAN $450.00 $450.00
FEDERAL HOME LOAN MORTGAGE
TX $104.17 $104.17
FRANKLIN, KEITH $450.00 $450.00
FRIENDLY CITY DAYS COMMITTEE $450.00 $450.00
GIRLS SUMMER O/H $1,122.17 $1,122.17
HONG THAI $504.17 $504.17
HOUSING URBAN DEVELOPMENT $104.17 $104.17
JOHNSON, CANDACE $450.00 $450.00
JOHNSON, HOLLY $50.83 $50.83
JUDKINS, VICTORIA REV TRUST $450.00 $450.00
KAY JEWELERS $74.11 $74.11
KELM, STACEY $104.17 $104.17
LARSEN, JOSHUA $450.00 $450.00
LAWRENCE, MARK & KARIE $104.17 $104.17
LEARN TO SKATE $1,732.50 $1,732.50
LINDENFELSER, LEROY $450.00 $450.00
LOPEZ, RAINER $450.00 $450.00
LUNDQUIST, CLAY & AMBER $450.00 $450.00
MN ELITES $42.19 $42.19
MN FLAMES $290.00 $290.00
NEIGHBORS BAR & GRILL $504.17 $504.17
Agenda Page 16
Mayor and Council Communication – August 5, 2013
FINANCE – Accounts Receivable Report Page 3 of 3
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Meeting Date: August 5, 2013
PATNODE, AMY $450.00 $450.00
PERKINS $15.00 $15.00
PETERSON, RICHARD $160.32 $160.32
PRAUGHT, BETH $450.00 $450.00
REINBOLD, CULLY $907.51 $907.51
RODEN, PAM $450.00 $450.00
RYKAL, JASON $900.00 $900.00
SAFEGUARD PROPERTIES $320.64 $213.76 $106.88
SCHROEDER, LESLIE $450.00 $450.00
SENTINEL FIELD SERVICES $303.33 $201.66 $101.67
SENTINEL FIELD SERVICES/LIBERT $201.66 $201.66
SIDELINE SPORTS $74.11 $74.11
SPACE ALIENS $45.00 $45.00
STMAYHA $400.00 $400.00
SUMMER HOCKEY DEVELOPMENT $7,237.50 $7,237.50
SYLVERS, STEPHEN & CYNTHIA $450.00 $450.00
TAEGE, JANET $115.05 $115.05
TOLLBERG HOMES $170.00 $170.00
TRANSITION HOCKEY $6,250.00 $6,250.00
TURNER, JODI $450.00 $450.00
WALSH, JUSTIN $450.00 $450.00
WARNER, ROBERT & CAROLYN $450.00 $450.00
WD PARTNERS $145.01 $145.01
WELLS FARGO FINANCIAL MN $104.17 $104.17
WERP, MARKUS $450.00 $450.00
WIGNES, CRAIG $231.14 $231.14
WILHELMSON, MICHAEL & LOANN $100.83 $100.83
WRIGHT COUNTY HIGHWAY DEPT $82,511.34 $82,511.34
ZAWADA, MATT $160.32 $160.32
Total $119,125.34 $112,522.19 $3,481.87 $1,747.04 $1,374.24
Current 0-30 days $112,522.19 94.46%
30-60 days $3,481.87 2.92%
60-90 days $1,747.04 1.47%
over 90 day $1,374.24 1.15%
Agenda Page 17
Mayor and Council Communication
M:\Public Data\City Council\Council Packet information\2013\080513\080513 2nd Qtr Budget to Actual RCA.doc
Meeting Date: August 5, 2013
July 24, 2013
SUBJECT: FINANCE – 2ND QUARTER BUDGET TO ACTUAL REPORT
INTRODUCTION: This space is reserved on the Council agenda for Mayor and Council
review and discussion regarding monthly Finance reports.
2nd QUARTER BUDGET TO ACTUAL:
Below is the 2nd Quarter 2013 un-audited General Fund Summary of Revenues and
Expenditures. Revenues should be at 50% and Expenditures should be at 50%. Revenues are at
48.8% and Expenses are at 40.5%.
2013 Council Update
GENERAL FUND
General Fund Revenue: 2013 2013 Actual % of
Budget 7/23/2013 Budget
31010 Current Ad Valorem Taxes 2,423,781 1,221,901 50.4%
34113 Franchise Fee - Cable 65,000 34,552 53.2%
32100 Business Licenses & Permits 20,000 21,736 108.7%
32110 Liquor Licenses 29,150 26,350 90.4%
32120 3.2 Liquor Licenses 150 100 66.7%
32150 Sign Permits 1,500 865 57.7%
32210 Building Permits 35,000 58,440 167.0%
32240 Animal Licenses 250 810 324.0%
33405 Police Aid 28,000 - 0.0%
33406 Fire Aid 30,000 - 0.0%
33422 Other State Aid Grants 8,200 4,195 51.2%
34000 Charges for Services 2,000 2,833 141.7%
34101 Lease Payments - City Property - 1,140
34001 Administration Fees 125,894 1,250 1.0%
34103 Zoning & Subdivision 1,500 1,950 130.0%
Plan Check fee 15,000 31,321 208.8%
34105 Sale of Maps 50 - 0.0%
34107 Title Searches 546 1,940 355.3%
34202 Fire Protection Contract Charges 154,417 68,281 44.2%
34780 Park/City Hall Rental Fees 5,000 6,745 134.9%
34950 Other Revenues 6,000 14,815 246.9%
35000 Fines & Forfeits - - 0.0%
36210 Interest Earnings 25,000 3 0.0%
34005 Engineer/As builts 750 2,250 300.0%
34110 Arena Administration 11,388 4,729 41.5%
Transfer I-94 Engineer 50,000 - 0.0%
Capital 102 to SAC 50,000 - 0.0%
Total Revenues $ 3,088,576 $ 1,506,206 48.8%
Agenda Page 18
Mayor and Council Communication – August 5, 2013
FINANCE – 2nd Quarter Report
Page 2 of 2
M:\Public Data\City Council\Council Packet information\2013\080513\080513 2nd Qtr Budget to Actual RCA.doc
Meeting Date: August 5, 2013
General Fund Expenditures 2013 2013 Actual % of
Budget 7/23/2013 Budget
41100 Council 41,855 23,756 56.8%
41300 Combined Admin/Engineer/PWD 124,909 54,699 43.8%
41400 City Clerk 121,258 56,746 46.8%
41410 Elections 9,000 567 6.3%
41500 Financial Administration 169,155 95,765 56.6%
41550 City Assessor 28,500 28,195 98.9%
41600 City Attorney 35,000 20,042 57.3%
41700 City Engineer 20,200 1,811 9.0%
41800 Economic Development 18,000 4,817 26.8%
41910 Planning & Zoning 31,507 35,031 111.2%
41940 City Hall 120,855 83,004 68.7%
42000 Fire Department 325,307 102,561 31.5%
42110 Police 530,000 309,155 58.3%
42400 Building Inspection 155,365 67,860 43.7%
42700 Animal Control 4,000 2,821 70.5%
43100 Public Works - Streets 449,995 165,484 36.8%
41750 Add'l consult Admin.Engineer 60,000 - 0.0%
45000 Culture & Recreation 55,843 33,611 60.2%
45100 Parks & Recreation 191,866 95,072 49.6%
Capital Reserves 570,811 41,545 7.3%
41000 Library 25,150 28,347 112.7%
Total Expenditures $ 3,088,576 $ 1,250,890 40.5%
VARIANCES:
Revenue:
o Administration Fees are charged in the 4th Quarter
o Other Revenue includes payments from Fire Grants and reimbursements from Friendly
City Days Committee for expenses the City incurred
Expenses:
o Assessor – The Wright County Assessor completes his evaluations in the first half of the
year
o Library – additional cost share when reviewed budgeted 2012 to actual 2012
Responsible Person - Department: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Agenda Page 19
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Knechtl RCA.docx
Meeting Date: August 5, 2013
August 1, 2013
SUBJECT: CONSENT – LEGAL - REDUCTION TO KNECHTL PROPERTY SPECIAL ASSESSMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve Resolution No. 2013-025, Resolution Adjusting Special Assessment
For Gerhardt Knechtl Property For I-94 Collector Distributor Road.
BACKGROUND: The City Council recently approved a settlement of the Gerhardt Knechtl
special assessment appeal. The settlement agreement called for the City to reduce the Knechtl
special assessment to $67,500. The attached resolution reduces the assessment per the settlement
agreement.
KEY ISSUES:
• This resolution implements the terms of the settlement agreement already agreed to by
the City.
• Once this resolution is transmitted to the County Auditor and once the 2013 special
assessment installment is cleared from Knechtl’s property at the Auditor’s office, Mr.
Knechtl will dismiss his appeal in Wright County District Court.
POLICY/PRACTICES CONSIDERATIONS: This resolution implements the settlement
agreement previously agreed to by the City Council.
FINANCIAL CONSIDERATIONS: The City will pick up the difference between the original
assessment and the reduced assessment. That difference has been previously included in the
project budget.
LEGAL CONSIDERATIONS: Passage of this resolution is necessary to complete the
settlement of this case.
Responsible Person - Department: Mike Couri, City Attorney
Tina Lannes, City Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution 2013-025
Agenda Page 20
Page 1
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-025
RESOLUTION ADJUSTING SPECIAL ASSESSMENT
FOR GERHARDT KNECHTL PROPERTY FOR
I-94 COLLECTOR DISTRIBUTOR ROAD
WHEREAS, On October 15, 2012, the Albertville City Council special assessed property
owned by Gerhard Knechtl (“Knechtl”) and identified as PID 101-500-363200 (“Knechtl
Property”) in the amount of $112,240 for I-94 exit ramp and collector distributor improvements;
and
WHEREAS, Knechtl appealed the amount of the special assessment to the Wright County
District Court in an action currently pending as Wright County Court File No. 86-CV-12-6528
entitled Gerhardt Knechtl v. City of Albertville.
WHEREAS, Pursuant to Court-ordered mediation, the parties have arrived at a settlement
of the dispute and have executed a settlement agreement which requires the City to reduce the
special assessment of the Knechtl Property from $112,240 to $67,500, to defer payment of the
special assessment for a five-year period, and to remove the unpaid special assessment balance that
was due with the 2013 taxes from Knechtl’s Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. The special assessment of $112,240 levied upon PID 101-500-363200 is hereby reduced to
a principal balance of $67,500. Payment of principal and interest on such reduced
assessment shall be deferred for a five-year period, followed by a ten-year amortization
period such that the first payment shall be due with the real estate taxes in the year 2018 and
the last payment due in 2027. Interest shall accrue on the outstanding principal balance at
an annual rate of 3.28% from October 15, 2012 (including during the deferral period) until
all principal is paid in full. All interest accruing during the deferral period shall be due with
the first payment in 2018. To each subsequent installment when due shall be added interest
for one year on all unpaid installments.
2. The owner may pay to the City Finance Director the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such payment
is made. Such payment must be made before November 15 or interest will be charged
through December 31 of the next succeeding year.
3. The City Finance Director shall forward a check to the Wright County Treasurer in an
Agenda Page 21
City of Albertville
Resolution 2013-025
Meeting of August 5, 2013
Page 2
amount necessary to pay the amount of special assessments arising from the City’s October
15, 2012 special assessment levy upon the Knechtl Property that were billed with the 2013
tax statement, plus any interest and penalties attributable solely to the special assessments
appearing on the 2013 tax statement. This payment by the City shall not act to reduce the
$67,500 principal amount levied against the Knechtl property by this resolution, nor shall it
act to pay any interest that accrues on such $67,500 principal amount.
4. The Finance Director shall forthwith transmit a certified duplicate of this assessment
resolution to the County Auditor to be extended on the property tax lists of the County, and
such assessment shall be collected and paid over in the same manner as other taxes.
Adopted by the Albertville City Council this 5th day of August, 2013.
_____________________________
Jillian Hendrickson, Mayor
________________________
Kimberly A. Olson, City Clerk
Agenda Page 22
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Willy McCoy RCA.doc
Meeting Date: August 5, 2013
August 1, 2013
SUBJECT: CITY CLERK – WILLY MCCOYS LIQUOR LICENSE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve On-Sale Intoxicating, Sunday Sale and 2 a.m. Close Liquor Licenses
for Willy McCoys of Albertville LLC, 5651 LaCentre Avenue NE contingent upon: correction of
all outstanding Fire Code violations for the property, payment in full of license fees, proof of
liquor liability insurance, and successful background check by the Wright County Sheriff’s
Office.
BACKGROUND: Tom DeQuattro has submitted a liquor license application for Willy McCoys
to open in the former Pubhouse 19 location. Mr. DeQuattro is seeking an on-sale intoxicating
liquor license, a Sunday sale liquor license and a license through the State of Minnesota to be
open until 2:00 a.m. The establishment will also utilize the outdoor seating area on the property.
A diagram of the outdoor seating area showing the location of music speakers has been
submitted and does not fall under the requirements where a Temporary Outdoor Music Permit
would be necessary. The anticipated opening of the restaurant is mid to late September.
KEY ISSUES:
• Mr. DeQuattro has spoken with the City Fire Inspector regarding the existing Fire Code
violations at the property and understands these must be corrected prior to opening of the
restaurant.
• The proposed use of the property is consistent with the previous use and does not require
any changes to the Conditional Use Permit tied to the property.
• Proof of insurance has been submitted and a background check is being conducted the
Wright County Sheriff’s Office.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to review and approve or deny liquor license applications received by the City of Albertville.
FINANCIAL CONSIDERATIONS: There is financial revenue collected from the applicant for
the liquor license and will be a pro-rata fee in accordance with City Code Section 4-1-8.
Responsible Person - Department: Kimberly A. Olson, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: New Liquor License Application
Agenda Page 23
Agenda Page 24
Agenda Page 25
Agenda Page 26
Mayor and Council Communication
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Guardian Angels Motions.doc
Meeting Date: August 5, 2013
August 1, 2013
SUBJECT: GUARDIAN ANGELS OF ALBERTVILLE
Staff has compiled the components of the Guardian Angels proposed development in the
following order:
Land Use and Plat
1. City Planner Verbal Presentation
2. Motion to adopt Resolution No. 2013-026entitled a Resolution approving a
comprehensive land use plan amendment to change the guided land use for portions of
the Guardian Angels of Albertville property located at Kassel Avenue NE and County
Road 18 in the City of Albertville
3. Motion to adopt Ordinance No. 2013-06 entitled an Ordinance amending the official
Zoning Map of the City of Albertville, relating to the Guardian Angels property located
at Kassel Avenue NE and County Road 18 in the City of Albertville
4. Motion to adopt Resolution No. 2013-027 entitled a Resolution approving a
preliminary/final plat entitled Guardian Angels of Albertville, relating to the Guardian
Angels property located at Kassel Avenue NE and County Road 18 in the City of
Albertville
5. Motion to approve Resolution No. 2013-028 entitled a Resolution approving site and
building plans for the Guardian Angels of Albertville property located at Kassel Avenue
NE and County Road 18 in the City of Albertville
Public Hearing on TIF
6. Open the Public Hearing on the Modification of Development District No. 1 and
Establishment of TIF District 15
7. Northland Securities Verbal Presentation
8. Take Public Comment and Motion to Close Public Hearing
9. Motion to adopt Resolution No. 2013-029 Modifying Municipal Development District No.
1 and Modifying the Development Program Therefor and Establishing Tax Increment
Financing (Housing) District No. 15 Therein and Approving a Tax Increment Financing
Plan
10. Motion to adopt Resolution No. 2013-030 Approving Contract for Private Development
and Awarding the Sale of, and Providing the Form, Terms, Covenants and Directions for
the Issuance of its Tax Increment Revenue Note, Series 2013, in the Maximum Principal
Amount of $1,200,000
Agenda Page 27
Mayor and Council Communication – August 5, 2013
Guardian Angels of Albertville Page 2 of 2
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Guardian Angels Motions.doc
Meeting Date: August 5, 2013
Interfund Loan
11. Finance Department Verbal Presentation
12. Motion to adopt Resolution No. 2013-031 Authorizing Interfund Loan for Advance of
Certain Costs in Connection with Tax Increment Financing District No. 15
Planned Unit Development
13. City Attorney Verbal Presentation
14. Motion to approve a Planned Unit Development Agreement “Guardian Angels of
Albertville” between the City of Albertville, Evans Park, Inc., and Guardian Angels of
Elk River, Inc. dated _____________ and subject to Albertville City Attorney approval
Kassel Avenue NE Easement Vacation
15. Open the Public Hearing relating to the petition of Evans Park, Inc. and Guardian Angels
of Elk River, Inc. to the City of Albertville for the vacation of a portion of Kassel Avenue
NE
16. City Attorney Verbal Presentation
17. Receive Public Comment and Motion to Close Public Hearing
18. Motion to adopt Resolution No. 2013-032 Vacating a Portion of Kassel Avenue NE
within the City of Albertville
Attachments:
• RCA for Land Use, Zoning, Preliminary & Final Plat, and Site & Building Plans
• Resolution No. 2013-026
• Ordinance No. 2013-06
• Resolution No. 2013-027
• Resolution No. 2013-028
• Planning Commission Report
• Memorandum from Northland Securities, Inc.
• Resolution No. 2013-029
• TIF Plan
• Resolution No. 2013-030
• Resolution No. 2013-0-31
• Development Agreement
• PDF – Senior Housing Exhibits
• RCA – Kassel Avenue NE Vacation
• Resolution No. 2013-0-32
Agenda Page 28
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Guardian Angels RCA.doc.docx
Meeting Date: August 5, 2013
August 1, 2013
SUBJECT: PLANNING – COMPREHENSIVE LAND USE PLAN AMENDMENT, ZONING MAP
AMENDMENT, PRELIMINARY/FINAL PLAN AND SITE AND BUILDING PLANS FOR
GUARDIAN ANGELS PROPERTY
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
MOTION TO: Adopt Resolution Number 2013-026 entitled a Resolution approving a
comprehensive land use plan amendment to change the guided land use for portions of the
Guardian Angels of Albertville property located at Kassel Avenue NE and County Road 18 in
the City of Albertville.
MOTION TO: Adopt Ordinance Number 2013-06 entitled an Ordinance amending the official
Zoning Map of the City of Albertville, relating to the Guardian Angels property located at Kassel
Avenue NE and County Road 18 in the City of Albertville.
MOTION TO: Adopt Resolution Number 2013-027 entitled a Resolution approving a
preliminary/final plat entitled Guardian Angels of Albertville, relating to the Guardian Angels
property located at Kassel Avenue NE and County Road 18 in the City of Albertville.
MOTION TO: Approve Resolution Number 2013-028 entitled a Resolution approving site and
building plans for the Guardian Angels of Albertville property located at Kassel Avenue NE and
County Road 18 in the City of Albertville.
BACKGROUND:
The Planning Commission met and held a public hearing on July 8, 2013, to consider a
comprehensive land use plan amendment, rezoning, preliminary/final plat, and site/building plan
requests of Guardian Angels of Elk River, Inc.
The parcel is currently in an R-1A, Low Density Single Family District. Guardian Angels is
applying for a rezoning to R-7, Residential Special Purpose, High Density District/Planned Unit
Development to allow for the higher density senior housing use on portions of the site west of
Kassel Avenue NE (Lot 1 and Outlot A). The portion of the site east of Kassel Avenue NE
(Outlot B) is to remain under R-1A zoning.
The proposal is to build a two-story senior housing campus with a German half-timbered
architectural theme titled “Engel Haus.” Phase I of the campus will include a secure wing for 16
memory impaired residents, 14 assisted living apartments, and 30-32 apartments for more
independent seniors. Services will be provided such as housekeeping, meals, social activities,
and medical services. Amenities will include a small bistro cafe, hair salon, and fitness room for
the exclusive use of residents and employees. A future phase will approximately double the
square footage of the campus.
Agenda Page 29
Mayor and Council Request for Action – August 5, 2013
Guardian Angels Page 2 of 3
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Guardian Angels RCA.doc.docx
Meeting Date: August 5, 2013
The rezoning will be subject to conditions that mitigate the impact on adjacent residential
properties, allow for flexibility in site design, and provide for future development phases. The
conditions will limit the range of uses within the R-7/PUD District to those identified in the
submitted site master plan:
• Housing for seniors over the age of 60 years (age restricted senior housing) and disabled
persons requiring specialized care with apartments for independent living, assisted living
apartments with an enhanced suite of services, and a secure wing for memory care
patients
• Limited commercial use accessory and internal only to the senior housing complex such
as a bistro café and hair salon for the exclusive use of residents and employees
Upon review of the staff report and hearing public testimony, the Planning Commission
recommended that the City Council approve the following:
A. Comprehensive land use plan amendment to change the guided land use from low
density to high density residential for Lot 1 and Outlot A of Block 1 of the “Guardian
Angels of Albertville” outlined in Resolution No. 2013-00x
B. Preliminary/Final Plat of the “Guardian Angels of Albertville” subject to the conditions
outlined in Resolution No. 2013-00x.
C. Rezoning of Lot 1 and Outlot A of Block 1 of “Guardian Angels of Albertville” from R-
1A, Residential Low Density Single Family District, to R-7, Residential Special
Purpose, High Density District/PUD, Planned Unit Development subject to the
conditions outlined in Ordinance No. 2013-00x.
D. Site and Building Plans subject to the conditions outlined in Resolution No. 2013-00x.
KEY ISSUES:
• The city has identified senior housing with services as a priority need within the
community as part of an effort to provide a variety of housing options to meet the life
cycle needs of Albertville residents. This project meets a stated goal in the
comprehensive plan.
• The primary use of the site is residential with accessory internal commercial uses for the
exclusive use of the residents and employees of Engel Haus and will be compatible with
surrounding residential uses.
• The project will be subject to the zoning standards for the R-7 Residential Special
Purpose, High Density District. The conditions for approval outlined in the site and
building plan review will ensure that the project meets the performance standards
outlined in the zoning ordinance.
• The site had been disturbed during previous subdivision construction phases and
currently contains large mounds of excavated soil. The Engel Haus proposal will remedy
and improve existing conditions.
Agenda Page 30
Mayor and Council Request for Action – August 5, 2013
Guardian Angels Page 3 of 3
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Guardian Angels RCA.doc.docx
Meeting Date: August 5, 2013
• It is not anticipated that the proposed senior housing campus will negatively impact city
services or utilities and will likely result in less traffic than if the site were developed
with single family homes.
• Staff recommends that the Council approve the Comprehensive Land Use Plan
Amendment, Zoning Map Amendment, Preliminary/Final Plat, and Site and Building
Plans.
POLICY CONSIDERATIONS: In accordance with State Law, public notice was published
and a public hearing held by the Planning Commission for the Comprehensive Land Use Plan
Amendment, Preliminary/Final Plat, Zoning Map Amendment and Site and Building Plan. The
Commission recommended that the City Council approve all of the aforementioned applications.
FINANCIAL CONSIDERATIONS: There are no significant financial issues related to the
Comprehensive Land Use Plan Amendment, Preliminary/Final Plat, Zoning Map Amendment or
Site and Building Plans. The applicant is exploring financial assistance options with the City.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and
Council have the authority to amend the Zoning Map, which requires a majority vote of the City
Council and becomes effective upon publication.
Responsible Person/Department: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution No. 2013-026
Ordinance No. 2013-06
Resolution No. 2013-027
Resolution No. 2013-028
Planning Report dated July 3, 2013
Agenda Page 31
Page 1
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-026
RESOLUTION APPROVING A COMPREHENSIVE LAND USE PLAN AMENDMENT
FOR PORTIONS OF THE GUARDIAN ANGELS OF ALBERTVILLE PROPERTY
LOCATED AT KASSEL AVENUE NE AND COUNTY ROAD 18
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Guardian Angels of Elk River, Inc. has submitted an application for a
comprehensive land use plan amendment to change the guided land use from low density to high
density residential on Lot 1 and Outlot A of Block 1 of “Guardian Angels of Albertville”
located at Kassel Avenue NE and County Road 18; and
WHEREAS, the applicant has also submitted the following applications in conjunction
with the requested comprehensive land use plan amendment:
a. Rezoning of Lot 1 and Outlot A of Block 1 from R-1A, Residential Low Density
Single Family District, to R-7, Residential Special Purpose, High Density
District/PUD, Planned Unit Development;
b. Preliminary/final plat (Guardian Angels of Albertville);
c. Site and building plans; and
WHEREAS, City Staff has reviewed the request for a comprehensive land use plan
amendment and prepared a planning report dated July 3, 2013; and
WHEREAS, the Albertville Planning Commission met and held a public hearing on July
8, 2013, to consider the comprehensive land use plan amendment, found it to be consistent with
the Albertville 2030 Vision Plan adopted in 2012, and recommended that the City Council
approve the amendment; and
WHEREAS, Albertville City Council met on August 5, 2013 to consider the Guardian
Angels request for a comprehensive land use plan amendment; and
WHEREAS, the Albertville City Council has received the Guardian Angels request for a
comprehensive land use plan amendment, staff review documents, and the Planning Commission
recommendation, and agrees with the findings and recommendation of the Planning
Commission; and
Agenda Page 32
City of Albertville
Resolution No. 2013-026
Meeting of August 5, 2013
Page 2
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the comprehensive land use plan amendment subject to the following
Decision.
Decision: Based on the foregoing information and applicable ordinances, the City Council
hereby APPROVES the comprehensive land use plan amendment to change the guided land use
on Lot 1 and Outlot A of Block 1 of “Guardian Angels of Albertville” from low density to high
density age restricted residential.
Adopted by the Albertville City Council this 5th day of August 2013.
______________________________
Jillian Hendrickson, Mayor
___________________________
Kimberly A. Olson, City Clerk
Agenda Page 33
Page 1
CITY OF ALBERTVILLE
COUNT OF WRIGHT
STATE OFMINNESOTA
ORDINANCE NO. 2013-06
AN ORDINANCE AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF ALBERTVILLE, RELATING TO THE
GUARDIAN ANGELS PROPERTY LOCATED
AT KASSEL AVENUE NE AND COUNTY ROAD 18 IN THE CITY OF ALBERTVILLE
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. The Albertville Zoning Map shall be amended, relating to property legally
described as:
Guardian Angels of Albertville, Lot 1, Block 1 and Outlot A, Block 1, Wright County,
Minnesota
SECTION 2. The lots shall be rezoned from R-1A, Residential Low Density Single Family
District, to R-7, Residential Special Purpose, High Density District/PUD, Planned Unit
Development in order for the City to exclusively allow for age-restricted senior housing and
housing for disabled persons requiring specialized care with associated services and provide
flexibility in site design with the following conditions:
1. The development is based on the following restricted uses:
a. Housing for seniors over the age of 60 years (age restricted senior housing) and
disabled persons requiring specialized care with apartments for independent
living, assisted living apartments with an enhanced suite of services, and a secure
wing for memory care patients.
b. Limited commercial use accessory and internal only to the senior housing
complex such as a bistro café and hair salon for the exclusive use of residents and
employees.
2. The development reflects the land uses and site and building design illustrated in the plan
prepared by Pope Architects dated June 17, 2013 and engineering documents prepared by
Campion Engineering Services dated June 12, 2013, as may be amended, to address the
needed plan changes outlined in the July 3, 2013 planning report and the July 28, 2013
engineer report.
3. Future uses on Outlot A comply with the concepts indicated on the submitted master plan
prepared by Pope Architects dated June 17, 2013.
4. Any modifications of use will require an amendment to the PUD.
Agenda Page 34
City of Albertville
Ordinance No. 2013-06
Meeting of August 5, 2013
Page 2
5. Future development on Outlot B will be subject to preliminary and final plat approval.
6. The zero-foot interior west side setback is granted to allow for connection to the future
phase of the senior housing campus.
7. Some proposed assisted living and memory care units fall below the minimum floor area
per dwelling unit in the zoning code; the allowed minimum unit size for memory care and
assisted living units shall be 342 square feet.
8. Subject to the City Engineer recommendations and required changes of his report dated
July 18, 2013.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this 5th day of August, 2013.
___________________________
Jillian Hendrickson, Mayor
___________________________
Kimberly A. Olson, City Clerk
Agenda Page 35
Page 1
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-027
RESOLUTION APPROVING A PRELIMINARY/FINAL PLAT
ENTITLED GUARDIAN ANGELS OF ALBERTVILLE
FOR THE GUARDIAN ANGELS OF ALBERTVILLE PROPERTY LOCATED AT
KASSEL AVENUE NE AND COUNTY ROAD 18
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Guardian Angels of Elk River, Inc. has submitted an application for a
preliminary/final plat entitled “Guardian Angels of Albertville” which overlays 15.308 acres of
land located at Kassel Avenue NE and County Road 18; and
WHEREAS, the applicant has also submitted the following applications in conjunction with the
requested preliminary/final plat:
a. Comprehensive land use plan amendment to change the guided land use from low
density to high density residential on Lot 1 and Outlot A of Block 1 of “Guardian
Angels of Albertville”;
b. Rezoning of Lot 1 and Outlot A of Block 1 from R-1A, Residential Low Density
Single Family District, to R-7, Residential Special Purpose, High Density
District/PUD, Planned Unit Development;
c. Site and building plans; and
WHEREAS, City Staff has reviewed the submitted preliminary/final plat and prepared a
planning report dated July 3, 2013; and
WHEREAS, the Albertville Planning Commission met and held a public hearing on July 8,
2013, to consider the preliminary/final plat and recommended that the City Council approve the
preliminary/final plat; and
WHEREAS, Albertville City Council met on August 5, 2013 to consider the Guardian Angels
preliminary/final plat application; and
WHEREAS, the Albertville City Council has received the Guardian Angels application,
preliminary/final plat dated June 13, 2013, staff review documents, and the Planning
Commission recommendation, and agrees with the findings and recommendation of the Planning
Commission.
Agenda Page 36
City of Albertville
Resolution No. 2013-027
Meeting of August 5, 2013
Page 2
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota
hereby approves the “Guardian Angels of Albertville” preliminary/final plat subject to the
following Decision.
Decision: Based on the foregoing information and applicable ordinances, the City Council
hereby APPROVES the preliminary/final plat based on the plat dated June 13, 2013, subject to
the following conditions:
1. Review and approval by the City Engineer of grading, utility and stormwater plans;
review of the location and size of easements and the vacation of five feet on either
side of Kassel Avenue NE.
2. The Kassel Avenue NE entrance onto County Road 18 be designed to incorporate one
right-turn only lane, one combined left-turn and through lane, and one ingress lane.
3. Payment of required park dedication fees.
4. Approval of a development agreement controlling the installation of all required
improvements.
5. Plans for the extension of 51st Street NE with a cul-de-sac shall be completed for
Phase I. An alternative turn-around design can be approved by the City Engineer and
City Council.
6. The preliminary/final plat shall be recorded within 120 days of approval.
Adopted by the Albertville City Council this 5th day of August 2013.
___________________________
Jillian Hendrickson, Mayor
___________________________
Kimberly A. Olson, City Clerk
Agenda Page 37
Page 1
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-028
RESOLUTION APPROVING SITE AND BUILDING
PLANS FOR THE GUARDIAN ANGELS OF ALBERTVILLE PROPERTY
LOCATED AT KASSEL AVENUE NE AND COUNTY ROAD 18
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Guardian Angels of Elk River, Inc. has submitted an application for a site
and building plan review for various site modifications for the property legally described as
follows:
Guardian Angels of Albertville, Lot 1, Block 1 and Outlot A, Block 1, Wright County,
Minnesota; and
WHEREAS, the applicants has also submitted the following applications in conjunction
with the requested review of site and building plans:
a. Comprehensive land use plan amendment to change the guided land use from low
density to high density residential on Lot 1 and Outlot A of Block 1 of “Guardian
Angels of Albertville”;
b. Rezoning of Lot 1 and Outlot A of Block 1 from R-1A, Residential Low Density
Single Family District, to R-7, Residential Special Purpose, High Density
District/PUD, Planned Unit Development;
c. Preliminary/final plat (Guardian Angels of Albertville); and
WHEREAS, City Staff has reviewed submitted plans and prepared a planning report
dated July 3, 2013; and
WHEREAS, the Albertville Planning and Zoning Commission met and held a public
hearing on July 8, 2013, to consider the site and building plans of Guardian Angels and
recommended that the City Council approve the plans; and
WHEREAS, the Albertville City Council met on August 5, 2013 to consider the
Guardian Angels Site and Building Plan Review application; and
WHEREAS, the Albertville City Council has received the Guardian Angels application,
plans dated June 17, 2013, staff review documents, and the Planning Commission
recommendation, and agrees with the findings and recommendation of the Planning
Commission; and
Agenda Page 38
City of Albertville
Resolution No. 2013-028
Meeting of August 5, 2013
Page 2
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the site and building plans of Guardian Angels subject to the
following Decision.
Decision: Based on the foregoing information and applicable ordinances, the City Council
hereby APPROVES the site and building plan based on the plans dated June 17, 2013, subject to
the following conditions:
1. The City approves the comprehensive land use plan amendment.
2. The City approves the requested R-7/PUD rezoning application.
3. The City approves the requested Guardian Angels preliminary/final plat application.
4. The zero-foot interior west side setback is granted to allow for connection to the future
phase of the senior housing campus.
5. Some proposed assisted living and memory care units fall below the minimum floor area
per dwelling unit in the zoning code; the allowed minimum unit size for memory care and
assisted living units shall be 342 square feet.
6. The Kassel Avenue NE entrance onto County Road 18 be designed to incorporate one
right-turn only lane, one combined left-turn and through lane, and one ingress lane.
7. The parking lot design shall be revised to provide for 20-foot stall lengths.
8. Approval by the City Engineer of the entrance drive exceeding 24 feet in width.
9. Access into and out of the future parking garage and circulation issues associated with the
extension of drive access from the parking lot to the service road is to be examined as
part of the site and building plan review when this develops.
10. The landscape plan is to be revised to address the following issues:
a. Demonstrate that the proposed plantings are in congruence with the final grading
plan for the swale at the south property line (may require the relocation of at least
one clump of river birch).
b. Document that the screening planting of black hills spruce will not interfere with
the 24-inch HDPE pipe along the property line or its outlet at the pond.
c. Barberry shrubs are to be replaced with a non-invasive alternative.
d. A buffer planting is to be designed along the east edge of the parking lot between
the lot and sidewalk along Kassel Avenue NE that is sufficient to screen
headlights to a height of at least four feet.
e. Provide a fence detail for the memory care courtyard.
Agenda Page 39
City of Albertville
Resolution No. 2013-028
Meeting of August 5, 2013
Page 3
f. A maintenance plan is to be provided for the native planting along the swale at the
southern end of the property.
g. A seeding and maintenance plan is to be provided for Outlot A for interim
conditions after final grading and site improvements.
11. A sidewalk/trail plan is to be submitted for the site that utilizes Lot 1 and Outlot A to
provide a looped pedestrian system for passive recreation for residents of Engel Haus.
12. A sign permit is to be obtained for the entrance monument sign.
13. Subject to the recommendations in the July 18, 2013 Engineer’s report.
Adopted by the Albertville City Council this 5th day of August 2013.
___________________________
Jillian Hendrickson, Mayor
___________________________
Kimberly A. Olson, City Clerk
Agenda Page 40
PLANNING REPORT
TO: Adam Nafstad
FROM: Alan Brixius / Emily Shively
DATE: July 3, 2013
RE: Albertville – Guardian Angels Rezoning, Preliminary and Final Plat, and Site and
Building Plan Review; Kassel Avenue NE and County Road 18
FILE: 163.06 – 13.09
BACKGROUND
Guardian Angels of Elk River has submitted a request for rezoning, preliminary and final plat
and site plan review for a senior housing complex at the southwest corner Kassel Avenue NE
and County Road 18 (historically referred to as Albert Villas 7th Addition).
The 15 acre parcel has remained vacant after the completion of the other Albert Villas
additions. The city had identified the parcel as one of several available that could be utilized
for senior housing and plans for senior housing on this site have been under consideration
since 2007. Guardian Angels of Elk River, Inc. was able to acquire the land for a cost that has
enabled their proposed project to move forward at this time.
The proposal is to build a two-story senior housing campus with a German half-timbered
architectural theme titled “Engel Haus.” Phase I of the campus will include a secure wing for
16 memory impaired residents, 14 assisted living apartments, and 30 apartments for more
independent seniors. Services will be provided such as housekeeping, meals, social activities,
and medical services. Amenities will include a small bistro restaurant, hair salon, and fitness
room for the exclusive use of residents and employees. A future phase will approximately
double the square footage of the campus.
To enable the proposed project to proceed, the following development applications will be
required:
1. Comprehensive Plan Amendment: Change the land use designation from low density
residential to high density residential.
2. Rezone the property from R-1A to R-7/PUD, Residential Special Purpose, High Density
District/Planned Unit Development District to allow the proposed use and provide
flexibility in design of the campus.
Agenda Page 41
2
3. Preliminary and final plat (to be considered simultaneously).
4. R-7/Planned Unit Development site and building plan review.
The following exhibits are attached for reference:
Exhibit A1 Preliminary and Final Plat for Guardian Angels of Albertville
Exhibit A2 Preliminary and Final Plat for Guardian Angels of Albertville with additional detail
Exhibit B Vacation Description Sketch for Guardian Angels of Albertville (portions of Kassel
Avenue NE)
Exhibit C Proposed Site Plan Rendering
Exhibit D Building Elevations with materials indicated
Exhibit E First Floor Plan
Exhibit F Second Floor Plan
Exhibit G Site Plan
Exhibit H Utility Plan
Exhibit I Grading Plan
Exhibit J Stormwater Pollution Prevention Plan
Exhibit K Kassel Avenue Plan and Profile
Exhibit L1 Details
Exhibit L2 Details
Exhibit M Landscape Plan
Exhibit N Photometric Plan
ISSUES AND ANALYSIS
Zoning
The parcel is currently in an R-1A, Low Density Single Family District. Guardian Angels is
applying for a rezoning to R-7, Residential Special Purpose, High Density District/Planned Unit
Development to allow for the higher density senior housing use on portions of the site west of
Kassel Avenue NE (Lot 1 and Outlot A). The portion of the site east of Kassel Avenue NE
(Outlot B) is to remain under R-1A zoning.
The rezoning will be subject to conditions that mitigate the impact on adjacent residential
properties, allow for flexibility in site design, and provide for future development phases.
The conditions will limit the range of uses to those identified in the submitted site master plan:
• Age restricted 1 senior housing with apartments for independent living; assisted living
apartments with an enhanced suite of services; and a secure wing for memory care
patients
• Limited commercial use accessory and internal only to the senior housing complex such
as a bistro café and hair salon for the exclusive use of residents and employees
1 The city restricts occupancy to residents 60 years an older
Agenda Page 42
3
In evaluating the requested land use and zoning change, the city shall evaluate the applicable
use based on criteria outlined in section 300.1.F of the Zoning Ordinance as follows:
1. The proposed action has been considered in relation to the specific policies and provisions
of and has been found to be consistent with the official city comprehensive plan.
The city has identified senior housing with services as a priority need within the community
as part of an effort to provide a variety of housing options to meet the life cycle needs of
Albertville residents. This is indicated in Residential Goal 2.1 in the Albertville 2030
Visioning Study (p. 42). The specific goal of providing more senior housing with services
was ranked third of thirteen project priorities by the Vision Committee (p. 48). While the
site is currently zoned R-1A, Low Density Single Family District in an area guided for single
family housing in the comprehensive plan, it was specifically identified as a location where
more senior housing is needed in the issues and opportunities analysis in the Visioning
Study.2
2. The proposed use is or will be compatible with present and future land uses of the area.
The site is surrounded by single family homes on three sides and detached townhome units
north of Jason Avenue NE (County Road 18). The proposed development will create a
single, two-story structure with multiple wings. The primary use of the site remains
residential with accessory internal commercial uses for the exclusive use of the residents
and employees of Engel Haus.
According to the project architect, the Engel Haus’ two-story building design is intended to
convey a residential character through varying roof lines and articulated facades, and
varying exterior colors and materials. The U-shaped configuration of the building allows the
narrow end of the building to face residential properties to the south. An existing pond on
the south edge of the property and County Ditch 9 on the west edge contribute to an open
space buffer between the site and surrounding residential properties. Phase I and future
development on Outlot A will exceed setbacks to provide a park-like setting and the ability
to create outdoor spaces and walking trails throughout the development.
3. The proposed use conforms with all performance standards contained herein.
The preliminary and final plat and site and building plan review follow in this report. The
plans are in conformance with all performance standards with exceptions noted below.
4. The proposed use will not tend to or actually depreciate the area in which it is proposed.
The project will be subject to the zoning standards for the R-7 Residential Special Purpose,
High Density District. Site plan review will pay particular attention to buffering from
adjacent residential properties to minimize the impacts from traffic and the use of the
service road for deliveries and trash removal; sufficient provision of green space; and high
standards for building materials to ensure that the proposed building complements its
surroundings.
E Notation on the Existing Land Use Draft 2012 map on p.2
Agenda Page 43
4
The site had been disturbed during previous subdivision construction phases and currently
contains large mounds of excavated soil. The Engel Haus proposal will remedy and
improve existing conditions.
5. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
It is not anticipated that the proposed senior housing campus will negatively impact city
services or utilities.
6. Traffic generation by the proposed use is within the capabilities of streets serving the
property.
The proposed density may produce less traffic than if the site were developed with single
family homes. The site is located at the periphery of the Albert Villas neighborhood and
has access to County Road 18 via Kassel Avenue NE without bringing traffic through the
existing neighborhood. Kassel Avenue NE will be improved as part of the project
development. Both Kassel Avenue NE and County Road 18 have sufficient design
capacity to handle additional traffic.
Preliminary and Final Plat
The preliminary and final plat for Guardian Angels of Albertville are being processed
simultaneously. The preliminary plat consists of Block 1 which contains one lot and two outlots
south of Jason Avenue NE (County Road 18). Lot 1 and Outlot A are located west of Kassel
Avenue NE and Outlot B is located east of Kassel Avenue NE for a total net area of 13.786
acres.3
Lot 1, Block 1 is intended for the development of phase I of the Guardian Angels senior
housing campus. A future expansion of the campus is planned for Outlot A immediately to the
west of Lot 1. Lot 1 and Outlots A and B exceed the minimum lot area and lot width
requirements for the R-7 District. There is sufficient area to meet required setbacks.
A permanent roadway easement for Kassel Avenue NE runs through Block 1. A portion of the
roadway easement will be vacated to reduce the overall width of the roadway from 70 feet to
60 feet to conform to standard road right of way widths in the city and match the existing
segment of Kassel Avenue NE at the south property line. Five feet will be vacated on either
side of the roadway to achieve the 60 foot right of way (4,366 square feet).4
The plat shows drainage and utility easements around the periphery of Block 1. A trail
easement is located at the far eastern edge of Outlot B. There is a mitigation area easement
for the existing pond area in the southeast portion of Outlot B (approximately ½ acre) and also
along a portion of the west edge of Outlot A (approximately 1 acre). An easement for the
3 Gross area = 15.308 acres with the inclusion of the Jason Avenue NE right of way 4 Indicated on the plat and detailed in Exhibit B
Agenda Page 44
5
County Ditch No. 9 runs along the entire western boundary of Block 1 (Outlot A). A 15 foot
NSP utility easement runs along the northern boundary of Block 1 adjacent to Jason Avenue
NE (County Road 18). A temporary Wright County Highway right of way easement extends
26.25 feet into Block 1 parallel to the existing Jason Avenue NE right of way boundary.
Park Dedication. For the purposes of calculating park dedication fees, the city council has
determined that the proposed use for Guardian Angels of Albertville is equivalent to 16 single
family units. Using the base fee of $3,300 per unit, a total fee of $52,800 will assessed.
Site Plan Review
Building Height, Setback and Area Requirements. The height limit in R-7 is 35 feet.
Submitted elevations show a building height of 28 feet 4 inches with a landmark clock tower
feature standing 46 feet four inches in height. The clock tower feature may be allowed to
exceed height requirements per section 1100.3.B.5.5
The setback requirements for the R-7 and PUD District are as follows:
Required Minimum Proposed
Front yard (north): 35 feet 45 feet
Side yard corner (east): 30 feet 90 feet
Side yard interior (west): 10 feet 0 feet
Rear yard (south): 30 feet 135 feet
The zero lot line setback at the interior side yard (east side of the structure) will be allowed
under PUD standards to provide for connection to a future phase expansion of the senior
housing campus. A proposed future garage on the south side of the property meets side yard
setbacks but will require site and building plan approval prior to construction.
In addition to those setbacks required above, Section 1100.2.B. requires a minimum 20 foot
setback from the ordinary high water level or elevation of wetlands, ponds, or drainageways. A
pond and drainageway is located along the southern boundary of the site. The proposed
building meets these setback requirements.
The structure occupies less than 60 percent of the lot area.6
Minimum Lot Area Per Unit. Elderly housing requires a minimum lot area of 1,000 square
feet per unit. The proposed development contains 60 units. The lot area exceeds 60,000
square feet at approximately 181,000 square feet.
Minimum Floor Area Per Dwelling Unit. Elderly (Senior Citizen) Housing: Living units
classified as elderly (senior citizen) housing units, except as allowed by conditional use permit,
shall have the following minimum floor areas per unit:
5 The clock tower feature could be considered a cupola or dome type feature not containing usable floor space
above the second floor or similar to a belfry and therefore not subject to height limits in R-7. 6 The maximum lot area requirements are also met when the future garage structure is factored in.
Agenda Page 45
6
Efficiency units 440 square feet
1 bedroom 520 square feet
Proposed Guardian Angels Engel Haus7:
Memory care: 375 square feet
Assisted living: 375 – 630 square feet
Independent living: 530 – 800 square feet
Some units fall below the minimum floor areas per unit and may be reviewed as part of the
conditions for PUD approval.
Parking Requirements and Design. Elderly (senior citizen) housing: Reservation of area
equal to 1 space per unit. Initial development is, however, required of only one-half space per
unit, and said number of spaces can continue until such time as the council considers a need
for additional parking spaces has been demonstrated.
Sanitariums, convalescent home, rest home, nursing home or day nurseries: 4 spaces, plus 1
for each 3 beds for which accommodations are offered.
Independent living: 30 units 30 spaces
Assisted living: 14 units 9 spaces
Memory care: 16 units 9 spaces
Forty-eight parking spaces are required; 48 parking spaces have been provided.
Stall length does not meet the specified 20 foot design standard for ninety degree parking.
The proposed stall length is 18 feet in the main and service parking areas. All parking stall
lengths must be 20 feet in length.
The rear width of the handicapped parking stalls narrows to 8 feet and the design standards
specify a 9 foot minimum stall width. However, this condition may be allowed given the extra
width provided by adjacent vehicle loading areas.
The curb cut access into Engel Haus exceeds the allowed 24 foot opening and must be
approved by the City Engineer.
All open, residential off street parking areas of five or more spaces shall be screened and
landscaped from adjacent public streets; except, that the height of the screening or
landscaping shall be four feet. The proposed landscape plan only specifies canopy trees in
the area between the parking lot and Kassel Avenue NE. The landscape plan should be
amended to include plantings to screen headlights along Kassel Avenue NE. to a height of four
feet.
A future garage and a driveway connection from the south parking lot to the service road have
been indicated on the site plan. Access into and out of the parking garage and circulation
7 Square footages are approximate.
Agenda Page 46
7
issues associated with the extension of drive access from the parking lot to the service road
should be examined as part of the site and building plan review when this develops.
Landscape Provisions. A fence has been indicated on the site plan to enclose the memory
care courtyard. A fence detail needs to be submitted to ensure compliance with this section.
The buffer of thirteen black hills spruce trees along the southern edge of the property should
be sufficient to screen the service road from adjacent residential properties. However, the
landscape plan does not show final grading or the location of the 24 inch HDPE outlet. A
revised landscape plan should be provided that demonstrates compatibility with final grading
and stormwater management facilities.
The easternmost river birch clump may be located too close to the riprap in the basin of the
proposed drainage swale. Their location should be adjusted accordingly as needed after
construction of the swale.
Six ‘Rose Glow’ barberry shrubs have been specified for the entry monument planting. This
species (Berberis thunbergii) has been identified as invasive by the Minnesota Department of
Natural Resources (MnDNR). An alternative from the plant schedule should be specified as a
replacement.
The area south of the service drive has been designated for a MnDOT 33-261 native seed mix.
A maintenance plan should be determined for this area that provides for a more naturalized
aesthetic while ensuring the area does not become weedy and unkempt.
See note regarding parking screening in the parking discussion section.
Lot 1 and Outlot A will be re-graded to prepare for the first and future phase of the senior
housing campus. The submitted landscape plan indicates that disturbed areas outside of
property lines should be seeded with MnDOT 25-121 General Roadside Seed Mix. It is our
recommendation that upland areas of Outlot A be seeded with MnDOT 35-221 Dry Prairie
General native seed mix to allow for the establishment of a higher quality amenity for the
residents of Engel Haus during the interim between development phases. A maintenance plan
for Outlot A should also be submitted prior to final approval.
The landscape plan meets all other requirements of this section except as noted.
Building Type and Construction. The proposed building is designed to recall German half-
timbered architecture and will be finished with a manufactured stone veneer at the front entry,
up to the top of first floor windows on articulated faces, and up to the midpoint of first floor
windows on the remainder of the building. A cream-colored EFIS panel is specified for the
majority of the upper story with a brick-red EFIS panel specified for some articulated faces.
The roofing is asphalt shingle. The city council has determined that EFIS and manufactured
stone veneer are acceptable exterior finishing materials.
Lighting. A photometric plan has been submitted which indicates general compliance with
this section except for foot-candle readings in excess of 0.4 at the edge of the service road on
the south property line and readings in excess of one foot-candle at the main drive entrance
Agenda Page 47
8
and spillover from the light fixtures on the eastern side of the parking lot onto Kassel Avenue
NE. The lighting at the south edge of the property may be mitigated by proposed buffer
plantings and light spillover along Kassel Avenue NE may also be mitigated by proposed tree
plantings. It is our opinion that the excess lighting on the sidewalk adjacent to Kassel Avenue
NE may be considered an asset rather than a detriment and that no adjustments to the lighting
plan are necessary.
Refuse Receptacles; Location and Screening. Trash is proposed to be located within the
building with access from the service road at the rear of the building. This meets the
requirements of this section.
Loading Areas. A service road leads to the rear of the campus to provide access for
deliveries and trash removal. The proposed 16 foot road width at the back of the building will
require backing in of vehicles. Eight parking stalls have been provided at the service entrance.
The service road terminates at the west property line and will become a connection to 51st St.
NE with the development of a future phase on Outlot A.
Open Space and Recreation Areas. The site appears to have maintained 20 percent of the
land area as usable open space.8 We are recommending that a sidewalk/trail system be
developed as part of Phase I to encircle the site (including Outlot A) to provide passive
recreation opportunities for Engel Haus residents. If the recommendations for a native planting
on Outlot A are followed, this area could become a destination for wildlife viewing and provide
additional visual interest along the trail.
Sidewalks will be extended along the west side of Kassel Avenue NE to provide a continuous
pedestrian connection from the Albert Villas residential area to the south up to Jason Avenue
NE (County Road 18). The sidewalk connects to an existing trail that runs along Jason
Avenue NE (County Road 18). Sidewalk connections into the site provide access around the
parking lot to the building entrances.
An enclosed courtyard garden is planned for use by residents of the memory care wing.
Signage. A sign plan has not been submitted for the Engel Haus senior housing campus.
The site plan and elevations indicate a ground sign is to be located at the southwest corner of
Jason Avenue NE (County Road 18) and Kassel Avenue NE. identifying the campus. The
elevations show the sign supports faced with the same manufactured stone veneer as the
principal structure. Sign lighting has not been indicated.
A sign plan should be submitted to show construction materials, sign area, height, illumination
and other details required for the issuance of a sign permit.
8 Specific acreages/square feet of usable open space have not been provided.
Agenda Page 48
9
RECOMMENDATIONS / CONCLUSIONS
Zoning
The proposed project meets stated goals in the comprehensive plan for the provision of senior
housing with services in the city of Albertville. It is our recommendation that a comprehensive
plan and zoning amendment be approved for rezoning the site to R-7 Residential Special
Purpose, High Density District/ Planned Unit Development to exclusively allow for age-
restricted senior housing with associated services and provide flexibility in site design with the
following conditions:
1. The development is based on the restricted uses as outlined above:
a. Age restricted senior housing with apartments for independent living; assisted
living apartments with an enhanced suite of services; and a secure wing for
memory care patients.
b. Limited commercial use accessory and internal only to the senior housing
complex such as a bistro café and hair salon for the exclusive use of residents
and employees.
2. Future uses on Outlot A comply with the concepts indicated on the submitted master
plan.
3. Any modifications of use will require an amendment to the PUD.
4. Future development on Outlot B will be subject to preliminary and final plat approval.
5. The zero foot interior side setback may be granted to allow for connection to the future
phase of the senior housing campus.
6. Allow for flexibility in unit size for assisted living and memory care units that fall below
the recommended square footage with documentation that this is an acceptable industry
standard.
Preliminary and Final Plat
Based on the review of the submitted plat, we believe the proposed Guardian Angels of
Albertville meets the requirements of the R-7 District and Chapter 11 of the Albertville city
code; therefore, we recommend approval of the preliminary plat and final plat with the following
conditions:
1. Review and approval by the city engineer of grading, utility and stormwater plans;
review of the location and size of easements and the vacation of five feet on either side
of Kassel Avenue NE.
2. Payment of required park dedication fees.
Agenda Page 49
10
3. Approval of a development agreement controlling the installation of all required
improvements.
4. Plans for the extension of 51st Street NE with a cul-de-sac shall be completed for Phase
I. An alternative turn-around design can be approved by the City Engineer and City
Council.
Site and Building Plan Review
In conjunction with PUD zoning approval, it is our recommendation that the site and building
plan be approved with the following changes or conditions:
1. The zero foot interior side setback may be granted to allow for connection to the future
phase of the senior housing campus.
2. Allow for flexibility in unit size for assisted living and memory care units that fall below
the recommended square footage with documentation that this is an acceptable industry
standard.
3. The parking lot design shall be revised to provide for 20 foot stall lengths.
4. Approval by the city engineer of the entrance drive exceeding 24 feet in width.
5. Access into and out of the future parking garage and circulation issues associated with
the extension of drive access from the parking lot to the service road should be
examined as part of the site and building plan review when this develops.
6. The landscape plan is revised to address the following issues:
a. Demonstrate that the proposed plantings are in congruence with the final grading
plan for the swale at the south property line (may require the relocation of at least
one clump of river birch).
b. Document that the screening planting of black hills spruce will not interfere with
the 24 inch HDPE pipe along the property line or its outlet at the pond.
c. Barberry shrubs are to be replaced with a non-invasive alternative.
d. A buffer planting is designed along the east edge of the parking lot between the
lot and sidewalk along Kassel Avenue NE that is sufficient to screen headlights to
a height of at least four feet.
e. Provide a fence detail for the memory care courtyard.
f. A maintenance plan is to be provided for the native planting along the swale at
the southern end of the property.
g. A seeding and maintenance plan is to be provided for Outlot A for interim
conditions after final grading and site improvements.
7. A sidewalk/trail plan is submitted for the site that utilizes Lot 1 and Outlot A to provide a
looped pedestrian system for passive recreation for residents of Engel Haus.
8. A sign permit is obtained for the entrance monument sign.
Agenda Page 50
11
c: Kim Olson
Sue Schwalbe
Mike Couri
Jan Rust
Guardian Angels of Elk River Inc.
508 Freeport Avenue N.W. Suite A
Elk River, MN 55330
Agenda Page 51
Northland Securities, Inc. 45 South 7th Street, Suite 2000, Minneapolis, MN 55402 Toll Free 1-200-851-2920 Main 612-851-5900
www.northlandsecurities.com
Member FINRA and SIPC
MEMORANDUM
To: City of Albertville
From: Tammy Omdal
Date: July 31, 2013
Re: Public Hearing for Development District No. 1 and TIF District 15
The purpose of this memorandum is to provide background information to the City for the
establishment of TIF District 15 (the “TIF District”) and for approval of the proposed Development
Assistance Contract with Evans Park, Inc. (the “Developer”).
The first part of the memorandum provides background information for the establishment of the TIF
District. I will be attending the August 5 public hearing and will be available to explain the TIF Plan,
answer questions, and outline the remaining steps in the process. The proposed modified
Development Program and TIF Plan is attached to this memorandum and is available for review by
others at City Hall. The proposed resolution for adopting the modification to Municipal
Development District No. 1 and TIF Plan for District No. 15 is also attached.
The second part of the memorandum provides an analysis and evaluation of the public financial
assistance requested by the Developer to assist with the proposed development project.
Establishment of TIF District No. 15
On July 1, 2013, the City Council adopted Resolution No. 2013-020 calling for a public hearing on the
modification of Development District No. 1 and establishment of the TIF District and creation of a
TIF Plan.
Notifications
The use of TIF is governed by Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive,
as amended (the "Act"). All notifications required by the TIF Act have been accomplished:
1. The County and the School District received copies of the draft TIF Plan, including
information on its fiscal and economic implications, pursuant to Minnesota Statutes, Section
469.175, Subd. 2 on July 3, 2013.
2. The notice of the public hearing was published on July 18, 2013.
City Council Actions
The City Council will conduct the public hearing. After closing the public hearing, the City Council
may consider and take action on the proposed use of TIF. My recommendation is that the City
Council act to approve the resolution establishing Development District No. 1 and TIF District 15.
Agenda Page 52
Public Hearing for Development District No. 1 and TIF District 15
July 31, 2013
Page 2
TIF Plan Summary
A complete copy of the proposed tax increment financing plan is included as an attachment to this
memorandum. The following table summarizes the key elements of the TIF Plan.
Item Plan Section Comments
Project Area Article III, Section
3.03.2
TIF District 15 is located within Development District #1.
The Development Program appears in Article II. The
boundaries of the Development District are coterminous
with the boundaries of the City of Albertville, as shown in
Exhibit V on page 18.
Conformance
With City Plans
3.02.2
Section 3.02 of the TIF Plan summarizes the proposed
development and explains how this development is
consistent with local plans and policies. The City has
approved all necessary zoning changes. No other land use
control changes have been requested or are known to be
needed.
District Type 3.03.3 TIF District 15 is a housing district. The District meets the
statutory criteria in that the municipality finds that the
project will satisfy the income requirements for a qualified
residential rental project.
District Boundary 3.03.2 The TIF District includes the following parcel: 101-500-
023401 as shown in Exhibit V on page 18.
Estimated Tax
Increment
3.04.1 The projected development is estimated to create annual
tax increment revenue of $89,707. This amount is based on
the following factors:
• Assumed Estimated Market Value of the parcel after
development of $4,800,000 based on the proposed
project (this includes building and land value).
• Classification of the property as residential non-
homestead.
• The Original Tax Capacity value of the TIF District
based on the current Estimated Market Value of the
property.
• The Local Tax Rate of 153.420% for taxes payable in
2013. (Because the certification of the TIF District will
occur after June 30, the final Local Tax Rate will not be
known until after the County certifies the pay 2014
Local Tax Rate.)
Agenda Page 53
Public Hearing for Development District No. 1 and TIF District 15
July 31, 2013
Page 3
Item Plan Section Comments
The actual Estimated Market Value of the property will be
set by the County Assessor after completion of
construction. Changes in property values and tax rates
will alter the amount of tax increment revenue from year-
to-year.
Uses of TIF 3.04.2
3.04.3
3.04.4
3.04.5
3.04.6
The TIF Plan assumes that the City will retain the first 10%
of annual tax increment revenue. This money can be used
to pay for City administrative expenses.
Tax increment will be used to pay State and County
administrative expense.
The remaining tax increment revenue will be used to pay
Public Costs related to redevelopment of property,
improvements of parking facilities, streets, sidewalks, and
public utilities.
The City reserves the right in the Plan to advance monies
to pay for these improvements through issuance of tax
increment financing (TIF) pay-as-you-go (PAYG)
obligations. The tax increments collected from the TIF
District will be used to repay the obligation. The City
reserves the right to use any other legally available
revenues to finance or pay for public costs associated with
the development in the TIF District.
Duration 3.04.7 The TIF Act allows tax increments to be collected from the
TIF District for a period not to exceed twenty-five (25)
years from the date of receipt of the first tax increment. The
City reserves the right to collect tax increments for this
period to undertake additional eligible activities in the TIF
District and the Development District.
Under the current schedule for development, the first tax
increment will be collected in 2015 (construction
substantially completed in 2014) creating the authority to
collect tax increments through 2040. The City expects to
request decertification of the TIF District after
reimbursement of all eligible public costs and
administrative expense but no later than after the final
receipt of taxes payable.
Administration Article IV Following final City approval of the Plan, Northland will
Agenda Page 54
Public Hearing for Development District No. 1 and TIF District 15
July 31, 2013
Page 4
Item Plan Section Comments
request certification of the TIF District by the County.
Northland will also file a copy of the plan with the State.
Approved development agreements will serve as the
guide for the use of tax increment to reimburse the
Developer.
Beginning in 2014, the City will be responsible for
compliance with statutory annual reporting requirements.
Evaluation of Developer Request for Financial Assistance
Developer Request
Northland received a development pro forma from the Developer for a proposed approximate 60
unit assisted senior living apartment facility (the “Project”). The Project will provide housing and
related support services (assisted living). The Project will be called Engel Haus Elderly Housing. It
will be owned and operated by Evans Park, Inc. (the “Developer”).
The Developer’s total budget for the Project is approximately $11,565,000. The development
operating pro forma for the Project anticipates the Developer will receive tax increment financing
assistance in the amount of $1,200,000. Tax increment financing assistance will be paid on a semi-
annual basis (to the extent tax increment is collected and sufficient) to reimburse the Developer for
eligible project costs. In order to make construction of the project economically feasible, the
Developer is requesting the City to reimburse the Developer for a portion of the actual costs of
acquiring the development property, site improvements and infrastructure costs. The total principal
amount of public development costs subject to reimbursement will not exceed $1,200,000. Public
development costs in excess of the specified total will be the responsibility of the Developer. The
Developer has indicated that without the public assistance the Project will not be financially feasible.
The funding for construction of the Project is proposed to come from the following sources:
$10,000,000 Proceeds from revenue (conduit) bond issued by the City of Otsego
$1,555,000 Equity provided by Guardian Angels
$10,000 Interest earnings
$11,565,000 Total source of funding for construction of the project
Evaluation of Request for Assistance
The evaluation of requested public financial assistance is based on the following:
• Developer’s construction budget and operating pro forma, submitted June 3, 2013 and then a
revised copy submitted July 26, 2013.
• Proposed draft tax increment financing plan for TIF District No. 15, dated July 3, 2013.
Agenda Page 55
Public Hearing for Development District No. 1 and TIF District 15
July 31, 2013
Page 5
• Draft Contract for Private Development By and Between City of Albertville and Evans Park,
Inc., dated July 17, 2013.
The overall proposed contract between the Developer and the City contains a variety of elements that
are beyond the scope of this memorandum. The evaluation conducted by Northland focuses on the
proposed use of tax increment financing. The proposed use of tax increment consists of the following
elements:
1. The City proposes to establish TIF District 15 (housing district) as the basis for the requested
financial assistance. In order for the City to provide TIF assistance, the proposed housing
project will need to meet required income restrictions required by State Law for a housing
TIF district. Evans Park will be required to lease at least 20% of the units of the proposed two
buildings to persons that income-qualify at 50% of the area-wide median income threshold.
The income restrictions will apply over the life of the TIF District.
2. The estimated taxable property value used in the estimate of tax increment was reviewed by
the Wright County Assessor and was found to be reasonable. The projections assume that
the property will appreciate at an annual rate of 0.5%.
3. The City will use 90% of the semi-annual tax increment revenue from the development
parcel to reimburse the Developer for up to $1,200,000 of actual development costs plus
interest on the outstanding balance at a rate of 3% on a pay-go (semi-annual) basis.
Northland has reviewed the materials provided by the Developer. Northland prepared a modified
version of the development and operating pro forma for the Project that was submitted by the
Developer. The modified pro forma includes estimates for sources of revenue and expense for the
Project based on the proposed agreement for development. The pro forma includes Northland’s
estimates for future tax increment revenue, real estate taxes payable, and limitations on rental income
for affordable units. The updated development and operating pro forma were provided to the City.
Based on the information that is available for review and our analysis, we offer the following
findings:
1. The Project meets the statutory criteria for the use of tax increment financing - but for the
proposed financial assistance the Project as proposed would not occur.
2. Without public financial assistance the return on equity (cost) is at a level that will be
difficult, or not possible according to the Developer, to commit the Developer equity. Given
certain assumptions and the proposed terms for an agreement, as well as estimated
development costs and net operating income, the Developer’s return on cost (equity) for the
project over a ten year period (which includes the first year of start-up) is estimated to be
11.7% with public finance assistance and 7.9% without assistance.
3. The proposed development is estimated to generate approximately $2,407,000 in tax
increment (or approximately $1,519,000 on a present value basis at a 3% rate) over a 25 year
life of the TIF District based on the estimated minimum assessed market value for the Project.
The estimated tax increment is approximately $703,000 greater than projected to be needed to
Agenda Page 56
Public Hearing for Development District No. 1 and TIF District 15
July 31, 2013
Page 6
pay for project costs (including interest expense). It is estimated that all obligations for the
Project will be met within 22 years or by year 2036. After obligations are met for the Project
the City will have the option to decertify the TIF District early or to keep the District open in
order to pool tax increment for other qualified housing projects. The ability to keep the
District active after the developer TIF note is satisfied is complicated by the fact the
Developer will no longer be contractually required to satisfy the income requirements that
would allow the District to remain active.
4. The Developer will assume the risk that tax increment will be available and sufficient to
repay the developer TIF note ($1,200,000). The City does not have any obligation to provide
other revenues to cure any future shortfalls in projected tax increment revenues.
5. Another factor in the evaluation of public financial assistance for the Project is the
Developer’s completion of City requested public infrastructure improvements (i.e., street and
utility improvements) that will benefit the City as a whole, as part of the Project.
Attachments:
1. Resolution establishing the TIF District
2. TIF Plan for TIF District #15
Agenda Page 57
Page 1
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY
OF ALBERTVILLE, MINNESOTA
HELD: August 5, 2013
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Albertville, Albertville County, Minnesota, was duly called and held on the 5th day of August,
2013, at approximately 7:00 p.m.
The following members of the Council were present:
and the following were absent:
Member __________ introduced the following resolution and moved its adoption:
RESOLUTION 2013-029
RESOLUTION FOR MODIFYING MUNICIPAL DEVELOPMENT DISTRICT NO. 1
AND MODIFYING THE DEVELOPMENT PROGRAM THEREFOR AND
ESTABLISHING TAX INCREMENT FINANCING (HOUSING)
DISTRICT NO. 15 THEREIN, AND APPROVING A TAX INCREMENT FINANCING
PLAN THEREFOR
WHEREAS:
A. It has been proposed that the City of Albertville, Minnesota (the "City") modify
Municipal Development District No. 1 (the “Development District”) and approve a modification
to the Development Program therefor, establish Tax Increment Financing (Housing) District No.
15 (the “TIF District”) therein and approve and accept the proposed Tax Increment Financing
Plan (the “TIF Plan”) therefor, pursuant to Minnesota Statutes, Sections 469.124 through
469.134 and Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive, as amended
(the "Act"); and
B. The City Council has investigated the facts and has caused to be prepared a
proposed modification to the Development Program for the Development District, and has
caused to be prepared a proposed TIF Plan for the TIF District; and
C. The City has performed all actions required by law to be performed prior to the
modification of the Development District and TIF District, and the adoption of the proposed
Development Program and TIF Plan therefor, including, but not limited to, notification of Wright
County and St. Michael-Albertville Public Schools (ISD #885) having taxing jurisdiction over
the property to be included in the TIF District and the holding of a public hearing upon published
and mailed notice as required by law.
Agenda Page 58
City of Albertville
Resolution No. 2013-029
Meeting of August 5, 2013
Page 2
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Albertville as follows:
1. Municipal Development District No. 1. The Development Program for the
Development District contained in Article II of the TIF Plan for the TIF District is hereby ratified
and affirmed.
2. Tax Increment Financing (Economic Development) District No. 15. The
TIF District is hereby established in the City within the Development District, the initial
boundaries of which are fixed and determined as described in the TIF Plan for the TIF District.
3. Tax Increment Financing Plan. The TIF Plan is adopted as the tax
increment financing plan for the TIF District, and the City Council makes the following findings:
(a) The TIF District is a housing district as defined in Minnesota Statutes,
Section 469.174, Subd. 11, the specific basis for such determination being that the approximately
63 unit multifamily senior rental housing project will provide safe, decent, affordable, sanitary
housing for residents of the city and it will result in the preservation and enhancement of the tax
base of the State..
(b) The proposed development, in the opinion of the City Council, would not
occur solely through private investment. The reasons supporting this finding are that:
(i) The developer, Evans Park, Inc., has represented to the City that private
investment will not finance these development activities because of
prohibitive construction costs relative to rental revenues for low and
moderate income housing units. It is necessary to finance these
development activities through the use of tax increment financing so that
this and other development by private enterprise will occur within the
Development District.
(ii) A comparative analysis of estimated market values both with and without
establishment of the TIF District and the use of tax increments has been
performed as described above. Such analysis is found in Exhibit I of the
TIF Plan, which is hereby incorporated, herein by reference, and indicates
that the increase in estimated market value of the proposed development
(less the indicated subtractions) exceeds the estimated market value of the
site absent the establishment of the TIF District and the use of tax
increments.
(iii) In the opinion of the City Council, the increased market value of the site
that could reasonably be expected to occur without the use of tax
increment financing would be less than the increase in the market value
estimated to result from the proposed development after subtracting the
present value of the projected tax increments for the maximum duration of
the TIF District permitted by the TIF Plan. The reasons supporting this
finding can be found in Exhibit I of the TIF Plan.
Agenda Page 59
City of Albertville
Resolution No. 2013-029
Meeting of August 5, 2013
Page 3
(d) The TIF Plan for the TIF District conforms to the general plan for
development of the City as a whole.
The reasons for supporting this finding are that:
(i) The TIF District is properly zoned; and
(ii) The TIF Plan will generally complement and serve to implement policies
adopted in the City’s comprehensive plan.
(e) The TIF Plan will afford maximum opportunity, consistent with the sound
needs of the City as a whole, for the development or redevelopment of the Development
District by private enterprise.
4. Public Purpose. The adoption of the Development Program for the
Development District, and the adoption of the TIF Plan for the TIF District therein conform in all
respects to the requirements of the Act and will help fulfill a need to provide affordable housing
choices, to improve the tax base and to improve the general economy of the State and thereby
serves a public purpose.
5. Certification and Filing. The City Clerk is authorized and directed to
transmit a certified copy of this resolution together with a certified copy of the TIF Plan to the
Auditor of Wright County with a request that the original tax capacity of the property within the
TIF District be certified to the City pursuant to Section 469.177, Subd. 1 of the Act, and to file a
copy of the Development Program and the TIF Plan with the Minnesota Commissioner of
Revenue and State Auditor as required by the Act.
6. Administration. The administration of the Development District and the
TIF District is assigned to the City Administrator who shall from time to time be granted such
powers and duties pursuant to the Act as the City Council may deem appropriate.
The motion for the adoption of the foregoing resolution was duly seconded by member
_________and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Adopted by the Albertville City Council this 5th day of August 2013.
___________________________
Jillian Hendrickson, Mayor
___________________________
Kimberly A. Olson, City Clerk
Agenda Page 60
Page 4
STATE OF MINNESOTA
COUNTY OF WRIGHT
CITY OF ALBERTVILLE
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Albertville, Minnesota, DO HEREBY CERTIFY that I have compared the attached and
foregoing extract of minutes with the original thereof on file in my office, and that the same is a
full, true and complete transcript of the minutes of a meeting of the City Council of said City,
duly called and held on the date therein indicated, insofar as such minutes relate to the
modification of Municipal Development District No. 1 and the establishment of Tax Increment
Financing (Housing) District No. 15 therein in the City.
WITNESS my hand this ___ day of August, 2013.
________________________________
City Clerk
Agenda Page 61
CITY OF ALBERTVILLE, MINNESOTA
MODIFICATION TO DEVELOPMENT PROGRAM FOR
MUNICIPAL DEVELOPMENT DISTRICT NO. 1
TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT FINANCING (HOUSING)
DISTRICT NO. 15
(GUARDIAN ANGELS)
PUBLIC HEARING DRAFT DATED: JULY 29, 2013
SCHEDULED HEARING DATE: AUGUST 5, 2013
PLAN APPROVED DATE: _________, 2013
PLAN CERTIFICATION REQUEST DATE: ________, 2013
PLAN CERTIFIED DATE: _______, 2013
Northland Securities, Inc.
45 South 7th Street, Suite 2000
Minneapolis, MN 55402
(800) 851-2920
Member NASD and SIPC
Agenda Page 62
TABLE OF CONTENTS
ARTICLE I ȃ INTRODUCTION AND DEFINITIONS .........................................................1
Section 1.01 Introduction ......................................................................................1
Section 1.02 Defi nitions .........................................................................................1
Section 1.03 Plan Preparation ...............................................................................1
ARTICLE II ǧ DEVELOPMENT PROGRAM ......................................................................2
Section 2.01 Overview ...........................................................................................2
Section 2.02 Statement of Objectives ...................................................................2
Section 2.03 Boundaries of Development District .............................................3
Section 2.04 Development Activities ...................................................................3
Section 2.05 Payment of Public Costs ..................................................................4
Section 2.06 Environmental Controls; Land Use Regulations .........................4
Section 2.07 Park and Open Space to be Created ..............................................4
Section 2.08 Proposed Reuse of Property ...........................................................4
Section 2.09 Administration and Maintenance of Development District ......4
Section 2.10 Relocation ..........................................................................................4
Section 2.11 Amendments .....................................................................................5
ARTICLE III ǧ TAX INCREMENT FINANCING PLAN ......................................................6
Section 3.01 Statutory Authority ..........................................................................6
Section 3.02 Planned Development .....................................................................6
3.02.1 Project Description ......................................................................................6
3.02.2 City Plans and Development Program ....................................................6
3.02.3 Land Acquisition .........................................................................................6
3.02.4 Development Activities ..............................................................................6
3.02.5 Need for Tax Increment Financing ...........................................................6
Section 3.03 Tax Increment Financing District ...................................................7
3.03.1 Designation ..................................................................................................7
3.03.2 Boundaries of TIF District ..........................................................................7
3.03.3 Type of District ............................................................................................7
Section 3.04 Plan for Use of Tax Increment ........................................................7
3.04.1 Estimated Tax Increment............................................................................7
3.04.2 Public Costs ..................................................................................................8
3.04.3 Estimated Sources and Uses of Funds .....................................................9
3.04.4 Administrative Expense ...........................................................................10
3.04.5 County Road Costs ...................................................................................10
3.04.6 Bonded Indebtedness ...............................................................................10
3.04.7 Duration of TIF District ............................................................................10
3.04.8 Estimated Impact on Other Taxing Jurisdictions .................................10
3.04.9 Prior Planned Improvements ..................................................................10
Agenda Page 63
ARTICLE IV ȃ ADMINISTERING THE TIF DISTRICT ....................................................11
Section 4.01 Filing and Certifi cation ..................................................................11
Section 4.02 Modifi cations of the Tax Increment Financing Plan ..................11
Section 4.03 4-Year Knockdown Rule ................................................................11
Section 4.04 Pooling/5-Year Rule........................................................................12
Section 4.05 Financial Reporting and Disclosure Requirements ...................12
Section 4.06 Business Subsidy Compliance ......................................................13
EXHIBITS.........................................................................................................................14
Exhibit I – Present Value Analysis..........................................................................14
Exhibit II – Projected Tax Increment ......................................................................15
Exhibit III – Impact on Other Taxing Jurisdictions ..............................................16
Exhibit IV – Estimated Tax Increment Over Life of District ...............................17
Exhibit V – Map of Municipal Development District No. 1 and TIF 15 ...........18
Agenda Page 64
TAX INCREMENT FINANCING DISTRICT NO. 1-15
PUBLIC HEARING DRAFT 1
ARTICLE I – INTRODUCTION AND DEFINITIONS
SECTION 1.01 INTRODUCTION
The City of Albertville proposes to provide tax increment fi nancing assistance to Evans Park,
Inc. for public costs related to the construction of a multifamily senior housing facility in the
City. This document contains the plan for achieving the objectives of the Development Program
for Municipal Development District No. 1 through the establishment and use of Tax Increment
Financing District No. 15.
SECTION 1.02 DEFINITIONS
For the purposes of this document, the terms below have the meanings given in this section,
unless the context in which they are used indicates a diff erent meaning:
1. “Authority” means the City of Albertville.
2. “City” means the City of Albertville, Minnesota.
3. “City Council” means the City Council of the City.
4. “County” means Wright County, Minnesota.
5. “Developer” means the party undertaking construction in the TIF District, anticipated to be
Evans Park, Inc.
6. “Development District” means Development District No. 1 in the City, created and
established pursuant to and in accordance with the Development District Act.
7. “Development District Act” means Minnesota Statutes, Sections 469.124 through 469.134, as
amended and supplemented from time to time.
8. “Development Program” means the Development Program for the Development District, as
amended and supplemented from time to time.
9. “Project Area” means the geographic area of the Development District.
10. “School District” means St. Michael-Albertville Public Schools (ISD #885).
11. “State” means the State of Minnesota.
12. “TIF Act” means Minnesota Statutes, Sections 469.174 through 469.1794 as amended, both
inclusive.
13. “TIF District” means Tax Increment Financing (Housing) District No. 15.
14. “TIF Plan” means the tax increment fi nancing plan for the TIF District (this document).
SECTION 1.03 PLAN PREPARATION
This document was prepared for the City by Northland Securities, Inc. The document was
reviewed by Kennedy & Graven, Chartered.
Agenda Page 65
TAX INCREMENT FINANCING DISTRICT NO. 1-15
PUBLIC HEARING DRAFT 2
ARTICLE II - DEVELOPMENT PROGRAM
SECTION 2.01 OVERVIEW
The City established Municipal Development District No. 1 and the related Development
Program as a tool to achieve the objectives described in Section 2.02. Development District No.
1 was fi rst approved in April, 1981, and has been modifi ed subsequently. The Development
District serves as the “project area” for tax increment fi nancing districts established within its
boundaries. The Development Program describes the City’s objectives for the development of
this area and the use of tax increment fi nancing.
Current modifi cations to the Development Program include budget revisions to coincide with
the TIF Plan relating to Economic Development Tax Increment Financing (TIF) District No. 15 .
This modifi ed Development Program is intended to restate and expand on the original
Development Program and all prior amendments hereto, which are incorporated herein by
reference. Nothing in this modifi cation is intended to supersede or alter the activities described
in the original Development Program.
SECTION 2.02 STATEMENT OF OBJECTIVES
The modifi cations of the Development District in the City pursuant to the Development District
Act are necessary and in the best interests of the City and its residents and are necessary to give
the City the ability to meet certain public purpose objectives that would not be obtainable in the
foreseeable future without intervention by the City in the normal development process.
The current Project is consistent with the established “Statement of Objectives” documented
by the original Development Program and prior amendments hereto, which are incorporated
herein by reference.
The established “Statement of Objectives” for the Development Program provide the City with
the ability to achieve certain public purpose goals not otherwise obtainable in the foreseeable
future without City intervention in the normal development process. The public purpose
goals include: restore and improve the tax base and tax revenue generating capacity of the
Development District; increase employment and housing opportunities; realize comprehensive
planning goals; remove blighted conditions; revitalize the property within the Development
District to create an aĴ ractive, comfortable, convenient, and effi cient area for industrial,
commercial and related use. The City and Council seek to achieve the following Development
District program objectives:
1. Promote and secure the prompt development of certain property in the Development
District, which property is not now in productive use or in its highest and best use, in a
manner consistent with the City’s Comprehensive Plan and with the minimum adverse
impact on the environment, and thereby promote and secure the development of other land
in the City.
2. Promote and secure additional employment and housing opportunities within the
Development District and the City for residents of the City and the surrounding area,
thereby improving living standards, reducing unemployment and the loss of skilled and
unskilled labor and other human resources in the City.
3. Secure the increase of commercial/industrial property subject to taxation by the City, School,
County and other taxing jurisdictions in order to beĴ er enable such entities to pay for
governmental services and programs required to be provided by them.
4. Provide for the fi nancing and construction of public improvements in the Development
District necessary for the orderly and benefi cial development of the Development District
Agenda Page 66
TAX INCREMENT FINANCING DISTRICT NO. 1-15
PUBLIC HEARING DRAFT 3
and adjacent areas of the City.
5. Promote the concentration of commercial, offi ce, and other appropriate development in the
Development District so as to maintain the area in a manner compatible with its accessibility
and prominence in the City.
6. Encourage local business expansion, improvement, and development, whenever possible.
7. Create a desirable and unique character within the Development District thorough quality
land use alternatives and design quality in new and remodeled buildings.
8. Encourage and provide maximum opportunity for private redevelopment of existing areas
and structures that are compatible with the Development Program.
9. Encourage redevelopment of substandard buildings, to improve employment opportunities
in the Development District and the City, where compatible with other planning and
development goals.
SECTION 2.03 BOUNDARIES OF DEVELOPMENT DISTRICT
The current boundaries of the existing Development District No. 1 are depicted in Exhibit V.
The boundaries of Development District No. 1 are coterminous with the boundaries of the City.
Modifi cations to the Development Program do not modify the current geographic designation
of Development District No. 1. The City is not acting to modify the boundaries. Within
Development District No. 1, the City of Albertville has previously established TIF Districts No. 1
through 14, inclusive.
SECTION 2.04 DEVELOPMENT ACTIVITIES
The City will perform or cause to be performed, to the extent permiĴ ed by law, all project
activities pursuant to the Development District Act, the Tax Increment Financing Act and other
applicable state laws, and in doing so anticipates that the following may, but are not required,
to be undertaken by the City:
1. The making of studies, planning, and other formal and informal activities relating to the
Development Program.
2. The implementation and administration of the Development Program.
3. The rezoning of land within the Development District.
4. The acquisition of property, or interests in property, by purchase or condemnation, which
acquisition is consistent with the objectives of the Development Program,
5. The preparation of property for use and development in accordance with applicable Land
Use Regulations and the Development Agreement, including demolition of structures,
clearance of sites, placement of fi ll and grading.
6. The resale of property to private parties.
7. The construction or reconstruction of site improvements to property within a tax increment
fi nancing district.
8. The issuance of Tax Increment Bonds to fi nance the Public Costs of the Development
Program, and the use of Tax Increments or other funds available to the City to pay or fi nance
the Public Costs of a tax increment fi nancing plan incurred or to be incurred by it pursuant
to the Development Program.
9. The use of Tax Increments to pay debt service on the Tax Increment Bonds or otherwise pay
or reimburse with interest the Public Costs of a tax increment fi nancing plan.
Agenda Page 67
TAX INCREMENT FINANCING DISTRICT NO. 1-15
PUBLIC HEARING DRAFT 4
SECTION 2.05 PAYMENT OF PUBLIC COSTS
Public Costs and the plan for their payment will be described in the tax increment fi nancing
plans. It is anticipated that the Public Costs of the Development Program will be paid primarily
from Tax Increments. The City reserves the right to utilize other available sources of revenue,
including but not limited to special assessments and user charges, which the City may apply to
pay a portion of the Public Costs.
SECTION 2.06 ENVIRONMENTAL CONTROLS; LAND USE REGULATIONS
All municipal actions, public improvements and private development shall be carried out
in a manner consistent with existing environmental controls and all applicable Land Use
Regulations.
SECTION 2.07 PARK AND OPEN SPACE TO BE CREATED
Park and open space within the Development District if created will be created in accordance
with the City’s Comprehensive Plan and zoning and subdivision ordinances.
SECTION 2.08 PROPOSED REUSE OF PROPERTY
The Development Program does not contemplate that the City will acquire property and
reconvey the same to another entity. Should the Development Program be amended
to authorize land acquisition, the City Council will require the execution of a binding
development agreement with respect thereto and evidence that Tax Increments or other funds
will be available to repay the Public Costs associated with the proposed acquisition. It is the
intent of the City to negotiate the acquisition of property whenever possible. Appropriate
restrictions regarding the reuse and redevelopment of property shall be incorporated into any
Development Agreement to which the City is a party.
SECTION 2.09 ADMINISTRATION AND MAINTENANCE OF DEVELOPMENT
DISTRICT
Maintenance and operation of the Development District will be the responsibility of the
City Administrator who shall serve as administrator of the Development District. Each year
the administrator will submit to the Council the maintenance and operation budget for the
following year.
The administrator will administer the Development District pursuant to the provisions of
Section 469.131 of the Development District Act; provided, however, that such powers may only
be exercised at the direction of the City Council. No action taken by the administrator pursuant
to the above-mentioned powers shall be eff ective without authorization by the City Council.
SECTION 2.10 RELOCATION
Any person or business that is displaced as a result of the Development Program will be
relocated in accordance with Minnesota Statutes, Section 117.50 to 117.56. The City accepts
its responsibility for providing for relocation assistance pursuant to Section 469.133 of the
Development District Act.
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PUBLIC HEARING DRAFT 5
SECTION 2.11 AMENDMENTS
The City reserves the right to alter and amend the Development Program, subject to the
provisions of state law regulating such action. The City specifi cally reserves the right to enlarge
or reduce the size of the Development District, the Development Program and the Public Costs
of the Development.
Agenda Page 69
TAX INCREMENT FINANCING DISTRICT NO. 1-15
PUBLIC HEARING DRAFT 6
ARTICLE III - TAX INCREMENT FINANCING PLAN
SECTION 3.01 STATUTORY AUTHORITY
TIF District 15 and this TIF Plan are established under the authority of the TIF Act (Minnesota
Statutes 2013). For future reference in administering the TIF Plan, a copy of the TIF Act (2013)
will be included in the TIF record book for TIF District 15.
SECTION 3.02 PLANNED DEVELOPMENT
3.02.1 Project Description
The Developer proposes to build an approximate 63-unit assisted senior living apartment
facility. The project will provide housing and related support services (assisted living). The
project will be called Engel Haus Elderly Housing. It will be owned and operated by Evans
Park, Inc. (the “Developer”). It is anticipated that the project will result in the creation of
approximately 60 jobs.
3.02.2 City Plans and Development Program
In addition to achieving the objectives of the Development Program, the proposed development
is consistent with and works to achieve the development objectives of the City. The TIF Plan for
the TIF District conforms to the general plan for development or redevelopment of the City as a
whole. The Tax Increment Financing Plan for TIF District No. 15 were referred to the Albertville
Planning Commission, which found that it conforms to the general plan for the development of
the City as a whole.
The City has adopted land use controls to guide the use of property. The proposed
development plans for the Project in the TIF District have been reviewed by the Planning
Commission and the City Council. Both bodies have approved a planned unit development for
the Project.
3.02.3 Land Acquisition
The City does not intend to acquire any property within the TIF District.
3.02.4 Development Activities
As of the date of approval of this TIF Plan, there are no development activities proposed in this
TIF Plan that are subject to contracts.
3.02.5 Need for Tax Increment Financing
In various materials the Developer has demonstrated that the proposed use of tax increment
fi nancing is needed to off set the high construction costs of high-quality low- to moderate-
income senior housing and associated infrastructure, including construction of a cul-de-sac and
improvements to stormwater management facilities required to support the facility. Without
the proposed assistance, these initial up-front costs would make it infeasible for the Developer
to be able to charge the aff ordable rents required for low- to moderate-income seniors. Thus, it
is the City’s opinion that the proposed development would not reasonably be expected to occur
solely through private investment within the foreseeable future and that the increased market
value of the site that could reasonably be expected to occur without the use of tax increment
fi nancing would be less than the increase in the market value estimated to result from the
proposed development after subtracting the present value of the projected tax increments for
the maximum duration of the TIF District permiĴ ed by the TIF Plan.
A comparative analysis of estimated market values both with and without establishment of
the TIF District and the use of tax increments has been performed as described above and is
shown in Exhibit I. This analysis indicates that the increase in estimated market value of the
Agenda Page 70
TAX INCREMENT FINANCING DISTRICT NO. 1-15
PUBLIC HEARING DRAFT 7
proposed development (less the present value of the projected tax increments for the maximum
duration permiĴ ed by the TIF Plan) exceeds the estimated market value of the site prior to the
establishment of the TIF District.
SECTION 3.03 TAX INCREMENT FINANCING DISTRICT
3.03.1 Designation
This TIF District is designated Tax Increment Financing (Housing) District No. 15 (Guardian
Angels).
3.03.2 Boundaries of TIF District
The TIF District includes a portion of PID No. 101-500-023401, which is currently undergoing an
administrative subdivision and a replaĴ ing process. According to the proposed fi nal plat, the
property making up the TIF District will be described as follows:
Exhibit V includes a map showing the boundaries of TIF District No. 15.
3.03.3 Type of District
The TIF District is designated as a “housing” district pursuant to Minnesota Statutes Section
469.174, Subd. 11. In the Development Agreement, the developer will commit to:
1. Satisfy the income requirements for a qualifi ed residential rental project as defi ned in
section 142(d) of the Internal Revenue Code. This requirement applies for the duration
of the tax increment fi nancing district. The Fiscal Year 2013 Area Median Income for the
County is $82,300. The developer will commit to provide (a) 20% or more of units (4 units)
for occupancy by persons at 50% or less of area median gross income ($41,150) or (b) (a)
40% or more of units (8 units) for occupancy by persons at 60% or less of area median gross
income ($49,380). These income thresholds may change over the life of the TIF District.
2. No more than 20% of the square footage of buildings that receive assistance from tax
increments consist of commercial, retail, or other nonresidential uses. Revenue derived from
tax increment from a housing district must be used solely to fi nance the cost of housing
projects as defi ned in Minnesota Statutes, Section 469.174, subdivision 11. The cost of public
improvements directly related to the housing projects and the allocated administrative
Agenda Page 71
TAX INCREMENT FINANCING DISTRICT NO. 1-15
PUBLIC HEARING DRAFT 8
expenses of the Authority may be included in the cost of a housing project.
3. Failure to comply with these income limitations is subject to Minnesota Statutes, Section
469.1771.
SECTION 3.04 PLAN FOR USE OF TAX INCREMENT
3.04.1 Estimated Tax Increment
The original net tax capacity of value of the TIF District will be set by the County upon request
for certifi cation. For the purposes of this Plan, the estimated original net tax capacity is $1,828.
This amount is estimated based on 33% (1/3) of the most recent published estimated market
value of $438,800 for Parcel 101-500-023401 (the parcel that is subject to an administrative
subdivision and replaĴ ing process); with tax capacity value calculated for residential non-
homestead property.
The total tax capacity value of the property after development is estimated to be $60,000. This
amount is based on a total estimated market value of $4,800,000 with property classifi ed as
residential non-homestead. The diff erence between the total tax capacity value and the original
net tax capacity value is the captured tax capacity value for the creation of tax increment
($58,472).
The total local tax rate for taxes payable in 2013 is 153.420%. The TIF Plan assumes that this
rate will be set as the Original Local Tax Rate for the District. At the time of the certifi cation
of the original net tax capacity for the TIF District, the county auditor shall certify the original
local tax rate that applies to the TIF District. The original local tax rate is the sum of all the local
tax rates, excluding that portion of the school rate aĴ ributable to the general education levy
under Minnesota Statutes section 126C.13, that apply to a property in the TIF District. The local
tax rate to be certifi ed is the rate in eff ect for the same taxes payable year applicable to the tax
capacity values certifi ed as the TIF District’s original tax capacity. The resulting tax capacity rate
is the original local tax rate for the life of the TIF District.
Under these assumptions, the estimated annual tax increment will be $89,707. The actual tax
increment will vary according to the certifi ed original tax capacity value and original tax rate,
the actual property value produced by the proposed development and the changes in property
value and State tax policy over the life of the district.
It is the City’s intent to retain 100% of the Capture Tax Capacity Value for the life of the TIF
district. Exhibit II contains the projected tax increment over the life of the District.
3.04.2 Public Costs
The City will use tax increment to reimburse the Developer for project costs in an amount not to
exceed $1,200,000. Costs eligible for reimbursement include site improvements and the cost of
constructing the aff ordable housing. In addition, the City will pay interest expense (estimated
at ($505,000) at a rate not to exceed 3%. The City will use 90% of the tax increment revenue
collected semi-annually to reimburse the Developer for these expenses.
The City and the Developer will enter into a development agreement that sets the amount to be
reimbursed (not to exceed $1,200,000) and means for verifying costs eligible for reimbursement
and the means of disbursing tax increments collected by the City.
The City reserves the authority to expend tax increment from the TIF District on other housing
projects that meet the criteria for establishing a housing TIF district. The statutes governing the
use of TIF defi ne a housing district consisting of a project, or a portion of a project, intended for
occupancy, in part, by persons or families of low and moderate income (Minnesota Statutes,
Section 469.174, Subd. 11). The requirements for the establishment of a housing TIF district are
contained in Minnesota Statutes, Section 469.1761. The primary criteria are income related. The
criteria are diff erent for owned and rental housing.
Agenda Page 72
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PUBLIC HEARING DRAFT 9
The practical application of this authority for the City includes:
• The use of tax increment is not limited by pooling restrictions or the fi ve-year rule.
• The tax increment can be spent on activities outside of the TIF district, but within the
Development District No. 1.
• This authority does not extend the maximum statutory duration of the TIF district.
• The tax increment must be used solely to fi nance the cost of the “housing project”
as defi ned by the TIF Act. The cost of public improvements directly related to the
housing project and the allocated administrative expenses of the city may be included
in the cost of a housing project.
• No more than 20% of the square footage of buildings that receive TIF assistance may
consist of commercial, retail, or other nonresidential uses.
Potential applications of this authority include:
• Individual housing projects avoiding the need for a new TIF district.
• Supplementing the revenues of another housing TIF district.
• Assistance for the renovation of existing housing.
• Acquisition of land for housing.
• Assistance to make public improvements more aff ordable.
The 10% of the annual tax increment retained by the City will be used primarily to pay for
eligible administrative expense.
The City does not expect other revenues will be used to fi nance or pay for public costs
associated with the development in the TIF District.
3.04.3 Estimated Sources and Uses of Funds
The estimated sources of revenue, along with the estimated public costs of the TIF District,
are itemized in Figure 3-3 that follows. Such costs are eligible for reimbursement from tax
increments, and other listed sources of revenue from the TIF District.
Agenda Page 73
TAX INCREMENT FINANCING DISTRICT NO. 1-15
PUBLIC HEARING DRAFT 10
FIGURE 3-2
ESTIMATED SOURCES AND USES OF FUNDS
The Authority reserves the right to administratively adjust the amount of any of the items listed
above or to incorporate additional eligible items, so long as the total estimated public cost (uses)
is not increased.
3.04.4 Administrative Expense
The City will retain ten percent (10%) of annual tax increment revenues, less fees paid to the
State and County. The City will use these monies to pay for and reimburse the City for costs of
administering the TIF district allowed by the TIF Act. Based on current projections, this amount
is estimated to be $187,000. Anticipated administrative expenses of the TIF District include
annual audit of the fund for TIF District, preparation of annual reporting, legal publication of
annual report, and administration of the development agreement.
3.04.5 County Road Costs
The proposed development will not substantially increase the use of county roads and
necessitate the need to use tax increments to pay for county road improvements.
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3.04.6 Bonded Indebtedness
The City does not expect to incur any bonded indebtedness as a result of the TIF Plan. The City
intends to use tax increments on a pay-as-you-go basis pursuant to a development agreement
with the Developer. The amount of the pay-as-you-go obligation will set by the development
agreement, but will not exceed $1,200,000.
3.04.7 Duration of TIF District
The TIF Act allows tax increments to be collected from the TIF District for a period not to exceed
25 years from the date of receipt of the fi rst tax increment. The City reserves the right to collect
and spend tax increments on eligible purposes for the maximum 25 years after the date of
receipt of the fi rst tax increment. The City expects to request decertifi cation of the TIF District
after reimbursement of all eligible public costs and administrative expense but no later than
after the fi nal receipt of tax increment. Based on estimates in the TIF Plan, the City expects to
decertify the TIF District by the end of year 2035 but no later than the end of year 2040.
3.04.8 Estimated Impact on Other Taxing Jurisdictions
Exhibit III and IV shows the estimated impact on other taxing jurisdictions if the maximum
projected retained captured net tax capacity of the TIF District was hypothetically available to
the other taxing jurisdictions. The City believes that there will be no adverse impact on other
taxing jurisdictions during the life of the TIF District, since the proposed development would
not have occurred without the establishment of the TIF District and the provision of public
assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is
decertifi ed and the development therein becomes part of the general tax base.
The City anticipates minimal impact of the proposed development on city-provided services.
There will be no borrowing costs to the City for the project. A manageable increase in water and
sewer usage is expected. It is anticipated that there may be a slight but manageable increase in
police and fi re protection duties due to the development.
3.04.9 Prior Planned Improvements
There have been no building permits issued in the last 18 months in conjunction with any of
the properties within the TIF District. The City will include this statement with the request for
certifi cation to the County Auditor. If building permits had been issued during this time period,
then the County Auditor would increase the original net tax capacity of the TIF District by the
net tax capacity of each improvement for which a building permit was issued.
ARTICLE IV – ADMINISTERING THE TIF DISTRICT
SECTION 4.01 FILING AND CERTIFICATION
The fi ling and certifi cation of the TIF Plan consists of the following steps:
1. Upon adoption of the TIF Plan, the City shall submit a copy of the TIF Plan to the Minnesota
Department of Revenue and the Offi ce of the State Auditor.
2. The Authority shall request that the County Auditor certify the original net tax capacity and
net tax capacity rate of the TIF District. To assist the County Auditor in this process, the City
shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting
the TIF Plan, and a listing of any prior planned improvements.
3. The City shall send the County Assessor any assessment agreement establishing the
minimum market value of land and improvements in the TIF District, and shall request that
the County Assessor review and certify this assessment agreement as reasonable.
Agenda Page 75
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PUBLIC HEARING DRAFT 12
SECTION 4.02 MODIFICATIONS OF THE TAX INCREMENT FINANCING PLAN
The City reserves the right to modify the TIF District and the TIF Plan. Under current State
Law, the following actions can only be approved after satisfying all the necessary requirements
for approval of the original TIF Plan (including notifi cations and public hearing):
Reduction or enlargement in the geographic area of the Development District or the TIF
District.
Increase in the amount of bonded indebtedness to be incurred.
Increase in the amount of capitalized interest.
Increase in that portion of the captured net tax capacity to be retained by the City.
Increase in the total estimated public costs.
Designation of additional property to be acquired by the City.
Other modifi cations can be made by resolution of the City Council. In addition, the original
approval process does not apply if (1) the only modifi cation is elimination of parcels from the
TIF District and (2) the current net tax capacity of the parcels eliminated equals or exceeds the
net tax capacity of those parcels in the TIF District’s original net tax capacity, or the City agrees
that the TIF District’s original net tax capacity will be reduced by no more than the current net
tax capacity of the parcels eliminated.
The City must notify the County Auditor of any modifi cation that reduces or enlarges the
geographic area of the TIF District. The geographic area of the TIF District may be reduced but
not enlarged after fi ve years following the date of certifi cation.
SECTION 4.03 4-YEAR KNOCKDOWN RULE
Since the TIF District consists of a single parcel, development of the project as planned
prevents any loss of value from the 4-Year Knockdown Rule. This Rule requires that if after
four years from certifi cation of the TIF District no demolition, rehabilitation, renovation or site
improvement, including a qualifi ed improvement of an adjacent street, has commenced on a
parcel located within the TIF District, then that parcel shall be excluded from the TIF District
and the original net tax capacity shall be adjusted accordingly. Qualifi ed improvements of a
street are limited to construction or opening of a new street, relocation of a street, or substantial
reconstruction or rebuilding of an existing street. The City must submit to the County Auditor,
by February 1 of the fi fth year, evidence that the required activity has taken place for each parcel
in the TIF District.
If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently
commences any of the above activities, the City shall certify to the County Auditor that such
activity has commenced and the parcel shall once again be included in the TIF District. The
County Auditor shall certify the net tax capacity of the parcel, as most recently certifi ed by the
Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF
District.
SECTION 4.04 POOLING/5-YEAR RULE
At least 75% of the tax increments (net of administrative expenses) from this TIF District (the
“In-District Percentage”) must be expended on activities within the TIF District, including
payment on any bonds for which the proceeds were used to fi nance activities within the
TIF District. Up to 25% of the tax increments from this TIF District may be used to fi nance
activities outside the TIF District but within the Development District. Assuming the maximum
administrative expense ($239,000), the estimated maximum spending outside of the TIF District,
Agenda Page 76
TAX INCREMENT FINANCING DISTRICT NO. 1-15
PUBLIC HEARING DRAFT 13
net of administrative expense, would be $360,750 over the life of the TIF District.
Tax increments are considered to have been “spent” within the TIF District if such amounts are:
• actually paid to a third party for activities performed within the TIF District within fi ve
years after certifi cation of the district;
• used to pay bonds that were issued and sold to a third party, the proceeds of which are
reasonably expected on the date of issuance to be spent within the later of the fi ve-year
period or a reasonable temporary period or are deposited in a reasonably required reserve
or replacement fund.
• used to make payments or reimbursements to a third party under binding contracts for
activities performed within the TIF District, which were entered into within fi ve years after
certifi cation of the district; or
• used to reimburse a party for payment of eligible costs (including interest) incurred within
fi ve years from certifi cation of the district; or
• in the case of a housing district, used for a housing project, as defi ned in section 469.174,
subdivision 11.
Beginning with the sixth year after certifi cation of the TIF District, if the tax increments actually
received by the City representing the In-District Percentage exceed the amounts considered
“spent” within the TIF District, the excess must be used or set aside to pay or defease bonds (as
described above) or to make payments under contracts (as described above). The TIF District
must be decertifi ed when the City has received tax increments representing the In-District
Percentage in an amount suffi cient to fully pay its in-district obligations (i.e. defease any bonds
and/or fulfi ll all contractual obligations).
It is anticipated that all tax increments collected in the TIF District will spent or obligated
within this time period. Unless the TIF Plan is modifi ed within this fi ve-year period and
additional expenditures are authorized, tax increments will only be used to pay for authorized
redevelopment costs and administrative expenses.
SECTION 4.05 FINANCIAL REPORTING AND DISCLOSURE REQUIREMENTS
The City will comply with the annual reporting requirements of State Law pursuant to the
guidelines of the Offi ce of the State Auditor. Under current law, the City must prepare and
submit a report on the TIF district on or before August 1 of each year. The City must also
annually publish in a newspaper of general circulation in the City an annual statement for each
tax increment fi nancing district.
The reporting and disclosure requirements outlined in this section begin with the year the
district was certifi ed, and shall end in the year in which both the district has been decertifi ed
and all tax increments have been spent or returned to the county for redistribution. Failure to
meet these requirements, as determined by the State Auditors Offi ce, may result in suspension
of distribution of tax increment.
SECTION 4.06 BUSINESS SUBSIDY COMPLIANCE
The City is exempt from the business subsidies requirements specifi ed in Minnesota Statutes,
Sections 116J.993 to 116J.995 because the intended subsidy for the project specifi ed in this
document is anticipated to be 100% for housing assistance.
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TAX INCREMENT FINANCING DISTRICT NO. 1-15
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EXHIBIT V
Boundaries of Municipal District No. 1 and Tax Increment Financing District No. 15
Agenda Page 82
1
428671v1 MNI AL141-59
CITY OF ALBERTVILLE
RESOLUTION NO. 2013-030
RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT
AND AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS,
COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS TAX INCREMENT
REVENUE NOTE, SERIES 2013; IN THE MAXIMUM PRINCIPAL AMOUNT OF
$1,200,000.
BE IT RESOLVED BY the City Council (“Council”) of the City of Albertville, Minnesota
(the “City”) as follows:
Section 1. Authorization; Award of Sale.
1.01. Authorization. On the date hereof, the City has heretofore approved the
establishment of Tax Increment Financing District No. 15 (the “TIF District”) within
Development District No. 1 (“Project”), and has adopted a tax increment financing plan for the
purpose of financing certain improvements within the Project.
Pursuant to Minnesota Statutes, Section 469.178, the City is authorized to issue and sell
its bonds for the purpose of financing a portion of the public development costs of the
Development District. Such bonds are payable from all or any portion of revenues derived from
the TIF District and pledged to the payment of the bonds. The City hereby finds and determines
that it is in the best interests of the City that it issue and sell its Tax Increment Revenue Note,
Series 2013 (the “Note”) in the maximum aggregate principal amount of $1,200,000 for the
purpose of financing certain public costs of the Project.
1.02. Agreement Approved; Issuance, Sale, and Terms of the Note. The City hereby
approves the Contract for Private Development (the “Agreement”) between the City and Evans
Park, Inc. (the “Owner”), and authorizes the Mayor and City Administrator to execute such
Agreement in substantially the form on file with City, subject to modifications that do not alter
the substance of the transaction and are approved by such officials, provided that execution of
the Agreement by such officials is conclusive evidence of their approval. Pursuant to the
Agreement, the Note shall be sold to the Owner. The Note shall be dated as of the date of
delivery and shall bear interest at the rate of 3% per annum to the earlier of maturity or
prepayment. The City shall receive in exchange for the sale of the Note the payment by the
Owner of the Public Development Costs as defined in the Agreement. The Note will be
delivered in accordance with the terms of Section 3.3 of the Agreement.
Section 2. Form of Note. The Note shall be in substantially the following form, with
the blanks to be properly filled in and the principal amount adjusted as of the date of issue:
Agenda Page 83
428671v1 MNI AL141-59 2
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF WRIGHT
CITY OF ALBERTVILLE
No. R-1 $____________
TAX INCREMENT REVENUE NOTE
SERIES 2013
Date
Rate of Original Issue
3.0% __________, 20__
The City of Albertville, Minnesota (the “City”), for value received, certifies that it is indebted
and hereby promises to pay to Evans Park, Inc. or registered assigns (the “Owner”), the principal
sum of $_____________ and to pay interest thereon at the rate of three percent (3.0%) per
annum, but solely from the sources and to the extent set forth herein.
1. Payments. Principal and interest (“Payments”) shall be paid on August 1, 2015
and each February 1 and August 1 thereafter to and including February 1, 2040 (“Payment
Dates”) in the amounts and from the sources set forth in Section 3 herein. Payments shall be
applied first to accrued interest, and then to unpaid principal.
Payments are payable by mail to the address of the Owner or such other address as the
Owner may designate upon 30 days written notice to the City. Payments on this Note are
payable in any coin or currency of the United States of America which, on the Payment Date, is
legal tender for the payment of public and private debts.
2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal,
commencing on the date of original issue. Interest shall be computed on the basis of a 360-day
year consisting of twelve (12) months of thirty (30) days.
3. Available Tax Increment. Payments on this Note are payable on each Payment
Date in the amount of and solely payable from “Available Tax Increment,” which shall mean, on
each Payment Date, ninety percent (90%) of the Tax Increment attributable to the Development
Property and paid to the City by Wright County in the six months preceding the Payment Date,
all as such terms are defined in the Contract for Private Development between the City and
Owner dated as of ______________, 2013 (the “Agreement”). Available Tax Increment shall
not include any Tax Increment if, as of any Payment Date, there is an uncured Event of Default
under the Agreement.
The City shall have no obligation to pay principal of and interest on this Note on each
Payment Date from any source other than Available Tax Increment, and the failure of the City to
Agenda Page 84
428671v1 MNI AL141-59 3
pay the entire amount of principal or interest on this Note on any Payment Date shall not
constitute a default hereunder as long as the City pays principal and interest hereon to the extent
of Available Tax Increment. The City shall have no obligation to pay any unpaid balance of
principal or accrued interest that may remain after the final Payment on February 1, 2040.
4. Optional Prepayment. The principal sum and all accrued interest payable under
this Note is prepayable in whole or in part at any time by the City without premium or penalty.
No partial prepayment shall affect the amount or timing of any other regular payment otherwise
required to be made under this Note.
5. Termination. At the City’s option, this Note shall terminate and the City’s
obligation to make any payments under this Note shall be discharged upon the occurrence of an
Event of Default on the part of the Developer as defined in Section 9.1 of the Agreement, but
only if the Event of Default has not been cured in accordance with Section 9.2 of the Agreement.
6. Nature of Obligation. This Note is one of an issue in the total principal amount of
$_____________ all issued to aid in financing certain public development costs and
administrative costs of a Project undertaken by the City pursuant to Minnesota Statutes, Sections
469.124 through 469.134, and is issued pursuant to an authorizing resolution (the “Resolution”)
duly adopted by the City on August 5, 2013, and pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174
to 469.179. This Note is a limited obligation of the City which is payable solely from Available
Tax Increment pledged to the payment hereof under the Resolution. This Note and the interest
hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any
political subdivision thereof, including, without limitation, the City. Neither the State of
Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or
interest on this Note or other costs incident hereto except out of Available Tax Increment, and
neither the full faith and credit nor the taxing power of the State of Minnesota or any political
subdivision thereof is pledged to the payment of the principal of or interest on this Note or other
costs incident hereto.
7. Registration and Transfer. This Note is issuable only as a fully registered note
without coupons. As provided in the Resolution, and subject to certain limitations set forth
therein, this Note is transferable upon the books of the City kept for that purpose at the principal
office of the City Administrator, by the Owner hereof in person or by such Owner’s attorney
duly authorized in writing, upon surrender of this Note together with a written instrument of
transfer satisfactory to the City, duly executed by the Owner. Upon such transfer or exchange
and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the
City with respect to such transfer or exchange, there will be issued in the name of the transferee a
new Note of the same aggregate principal amount, bearing interest at the same rate and maturing
on the same dates.
This Note shall not be transferred to any person other than an affiliate, or other related
entity, of the Owner unless the City has been provided with an opinion of counsel or a certificate
of the transferor, in a form satisfactory to the City, that such transfer is exempt from registration
and prospectus delivery requirements of federal and applicable state securities laws.
Agenda Page 85
428671v1 MNI AL141-59 4
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen,
and to be performed in order to make this Note a valid and binding limited obligation of the City
according to its terms, have been done, do exist, have happened, and have been performed in due
form, time and manner as so required.
IN WITNESS WHEREOF, the City Council of the City of Albertville, Minnesota has
caused this Note to be executed with the manual signatures of its Mayor and City Administrator,
all as of the Date of Original Issue specified above.
CITY OF ALBERTVILLE, MINNESOTA
City Administrator Mayor
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register
of the City Administrator, in the name of the person last listed below.
Date of Signature of
Registration Registered Owner____ City Administrator
Evans Park, Inc.
Section 3. Terms, Execution and Delivery.
3.01. Denomination, Payment. The Note shall be issued as a single typewritten note
numbered R-1. The Note shall be issuable only in fully registered form. Principal of and interest
on the Note shall be payable by check or draft issued by the Registrar described herein.
3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be
payable by mail to the owner of record thereof as of the close of business on the fifteenth day of
the month preceding the Payment Date, whether or not such day is a business day.
3.03. Registration. The City hereby appoints the City Administrator to perform the
functions of registrar, transfer agent and paying agent (the “Registrar”). The effect of
registration and the rights and duties of the City and the Registrar with respect thereto shall be as
Agenda Page 86
428671v1 MNI AL141-59 5
follows:
(a) Register. The Registrar shall keep at its office a bond register in which the
Registrar shall provide for the registration of ownership of the Note and the registration of
transfers and exchanges of the Note.
(b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form reasonably
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly
authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, a new Note of a like aggregate principal amount
and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not
be transferred to any person other than an affiliate, or other related entity, of the Owner unless
the City has been provided with an opinion of counsel or a certificate of the transferor, in a form
satisfactory to the City, that such transfer is exempt from registration and prospectus delivery
requirements of federal and applicable state securities laws. The Registrar may close the books
for registration of any transfer after the fifteenth day of the month preceding each Payment Date
and until such Payment Date.
(c) Cancellation. The Note surrendered upon any transfer shall be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar
for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement
on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur
no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(e) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name the Note is at any time registered in the bond register as the absolute owner of the
Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on such Note and for all other purposes, and all such
payments so made to any such registered owner or upon the owner’s order shall be valid and
effectual to satisfy and discharge the liability of the City upon such Note to the extent of the sum
or sums so paid.
(f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the
Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for
any tax, fee, or other governmental charge required to be paid with respect to such transfer or
exchange.
(g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become
mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount,
maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated
Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment
of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case
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428671v1 MNI AL141-59 6
of such Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to
it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing
to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory
to it, in which both the City and the Registrar shall be named as obligees. The Note so
surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be
given to the City. If the mutilated, lost, stolen, or destroyed Note has already matured or been
called for redemption in accordance with its terms, it shall not be necessary to issue a new Note
prior to payment.
3.04. Preparation and Delivery. The Note shall be prepared under the direction of the
City Administrator and shall be executed on behalf of the City by the signatures of its Mayor and
City Administrator. In case any officer whose signature shall appear on the Note shall cease to
be such officer before the delivery of the Note, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had remained in office until delivery.
When the Note has been so executed, it shall be delivered by the City Administrator to the
Owner thereof upon satisfaction of the conditions for delivery under the Agreement.
Section 4. Security Provisions.
4.01. Pledge. The City hereby pledges to the payment of the principal of and interest
on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall
be applied to payment of the principal of and interest on the Note in accordance with the terms of
the form of Note set forth in Section 2 of this resolution.
4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal
thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains
unpaid, the City shall maintain a separate and special “Bond Fund” to be used for no purpose
other than the payment of the principal of and interest on the Note. The City irrevocably agrees
to appropriate to the Bond Fund in each year Available Tax Increment. Any Available Tax
Increment remaining in the Bond Fund shall be transferred to the City’s account for TIF District
No. 15 upon the payment of all principal and interest to be paid with respect to the Note.
Section 5. Certification of Proceedings.
5.01. Certification of Proceedings. The officers of the City are hereby authorized and
directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and
records of the City, and such other affidavits, certificates, and information as may be required to
show the facts relating to the legality and marketability of the Note as the same appear from the
books and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed
representations of the City as to the facts recited therein.
Section 6. Effective Date. This resolution shall be effective upon full execution of the
Agreement.
Agenda Page 88
428671v1 MNI AL141-59 7
Approved by the City Council of the City of Albertville this 5th day of August, 2013.
Mayor
ATTEST:
City Clerk
Agenda Page 89
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-031
INTERFUND LOAN RESOLUTION
AUTHORIZING INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS
IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 15
BE IT RESOLVED By the City Council of the City of Albertville, Minnesota (the “City”)
as follows:
Section 1. Background.
1.01. The City has established Tax Increment Financing District No. 15 (the “TIF
District”) within Municipal Development District No. 1 (the "Development District") pursuant to
Minnesota Statutes, Sections 469.174 to 469.1799, as amended (the “TIF Act”).
1.02. The City may incur certain costs related to the TIF District which may be
financed on a temporary basis from available City funds.
1.03. Under Section 469.178, Subdivision 7 of the TIF Act, the City is authorized to
advance or loan money from any fund from which such advances may be legally made in order
to finance expenditures that are eligible to be paid with tax increments under the TIF Act.
1.04. The City has determined that it may pay for administrative costs associated with
the establishment of the TIF District (the “Administrative Costs Advance”) on a temporary basis
from the General Fund or any other fund from which such advances may be legally made (the
“Fund”) as an Interfund Loan pursuant to Minnesota Statutes, Section 469.178, Subd. 7.
1.05. The City hereby designates the Administrative Costs Advance as an interfund
loan in accordance with the terms of this resolution and the TIF Act.
Section 2. Repayment of Interfund Loan.
2.01. The City will reimburse itself for the Administrative Costs Advance in an amount
not to exceed $187,000, together with interest at the rate of 4.0% per annum (the “Interfund
Loan”). Interest accrues on the principal amount from the date of each advance. The interest
rate is no more than the greatest of the rate specified under Minnesota Statutes, Section 270C.40
and Section 549.09, both in effect for calendar year 2013, and will not be adjusted.
2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-
annually on each February 1 and August 1 (each a “Payment Date”), commencing on the first
Payment Date on which the City has Available Tax Increment (defined below), or on any other
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City of Albertville
Resolution No. 2013-031
August 5, 2013
Page 2
dates determined by the City Administrator, through the date of last receipt of tax increment
from the TIF District.
2.03. Payments on the Interfund Loan will be made solely from Available Tax
Increment, defined as 10% of the tax increment from the TIF District received by the City from
Wright County in the six-month period before any Payment Date. Payments shall be applied
first to accrued interest, and then to unpaid principal. Interest accruing from the Loan Date will
be compounded semiannually on February 1 and August 1 of each year and added to principal
until the first Payment Date, unless otherwise specified by the City Administrator. Available
Tax Increment shall be applied to payment on the Interfund Loan and for no other purpose until
the Interfund Loan is fully paid or forgiven as provided in Section 2.06 hereof. Payments on this
Interfund Loan may be subordinated to any outstanding or future bonds, notes, or contracts
secured in whole or in part with available tax increment, and are on a parity with any other
outstanding or future interfund loans secured in whole or in part with available tax increment.
2.04. The principal sum and all accrued interest payable under this resolution is pre-
payable in whole or in part at any time by the City without premium or penalty.
2.05. This resolution is evidence of an internal borrowing by the City in accordance
with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation payable solely
from Available Tax Increment pledged to the payment hereof under this resolution. The
Interfund Loan shall not be deemed to constitute a general obligation of the State of Minnesota
or any political subdivision thereof, including, without limitation, the City. Neither the State of
Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or
interest on the Interfund Loan or other costs incident hereto except out of Available Tax
Increment. The City shall have no obligation to pay any principal amount of the Interfund Loan
or accrued interest thereon, which may remain unpaid after the final Payment Date.
2.06. The City may at any time make a determination to forgive the outstanding
principal amount and accrued interest on the Interfund Loan to the extent permissible under law.
2.07. The City may from time to time amend the terms of this Resolution to the extent
permitted by law, including without limitation amendment to the payment schedule and the
interest rate; provided that the interest rate may not be increased above the maximum specified in
Section 469.178. subd. 7 of the TIF Act.
Section 3. Effective Date. This resolution is effective upon execution in full of the
Contract.
Adopted by the City Council of the City of Albertville this 5th day of August, 2013.
ATTEST:
_____________________________ ___________________________
Kimberly A. Olson, City Clerk Jillian Hendrickson, Mayor
Agenda Page 91
1
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
GUARDIAN ANGELS OF ALBERTVILLE
THIS AGREEMENT, entered into this ______ day of ____________, 2013 by and
between City of Albertville, a municipal corporation existing under the law of the State of
Minnesota, the “City”, and Evans Park, Inc., a Minnesota non-profit corporation (“Evans
Park”), and Guardian Angels of Elk River, Inc., a Minnesota non-profit corporation
(“Guardian Angels”). Evans Park and Guardian Angels shall collectively be referred to
herein as “Developer”;
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of the real property legally
described on the attached Exhibit A (hereafter referred to as “Real Property”); and
WHEREAS, Developer intends to plat said Real Property as the plat of Guardian
Angels of Albertville (“Said Plat”) which shall contain one numbered lot (Lot 1, Block 1)
and two outlots (Outlots A and B) for the purpose of constructing and operating on Lot 1,
Block 1 of Said Plat a senior housing facility consisting of 17 memory impaired residential
units, 16 assisted living units, and 30 residential units for more independent seniors
(collectively, the “Development”); and
WHEREAS, the City has given preliminary approval of Developer’s PUD and Site
and Building Plan Review for the Development contingent upon compliance with certain
City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain on- and off-site private improvements
including, but not limited to, bituminous drives, bituminous trails, grading, drainage, traffic
control signs, and other site related improvements, all as more specifically described in this
Agreement, be installed to serve the Real Property and be financed by Developer as a
condition of development approval; and
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2
WHEREAS, the City requires that certain public improvements including, but not
limited to, municipal water, sanitary sewer, storm sewer, drainage ponds, ditch cleaning and
bituminous streets (hereafter “Municipal Improvements”) shown on the attached Exhibit B,
be installed to serve the Real Property and be financed by Developer as a condition of
development approval; and
WHEREAS, final approval of the Planned Unit Development (“PUD”) is required
to allow for the aforementioned Development proposed by Developer; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and covenants of
the parties concerning the development of the Real Property and the conditions imposed
thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1. Planned Unit Development. The City hereby grants approval of the Development
on Lot 1, Block 1 and Outlot A of Guardian Angels of Albertville (hereinafter
referred to as the “Subject Property”) as a Planned Unit Development with flexibility
from the strict requirements of the City’s Zoning Ordinance in relation to set-back
requirements, lot coverage, and structures per base lots. Unless otherwise explicitly
set forth in this Agreement, however, Developer must conform to the requirements
of the R-7 zone (Residential Special Purpose, High Density District) of the
Albertville Zoning Ordinance and all other applicable land use regulations.
Developer agrees that the following conditions will be met on a continuing basis:
A. The City and Developer agree that Lot 1, Block 1 is intended to be used only for
a senior housing facility consisting of 17 memory impaired residential units, 16
assisted living units, and 30 residential units for more independent seniors,
along with associated support facilities and limited commercial facilities as set
forth in this Agreement below and as shown in the plans attached as Exhibit C.
i. Residents of the Development shall be limited to the following types
of residents:
1. Residents aged 55 years or older, except that a person younger
than 55 years of age may reside on the premises as the spouse
of a resident who is 55 years or older; or
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3
2. Residents who have been diagnosed by a physician licensed by
the State of Minnesota as having a bona fide medical condition
that requires memory care services offered by the
Development, subject to the limitations set forth in 1.A.i.1
below; or
3. Residents who have been diagnosed by a physician licensed by
the State of Minnesota as having a bona fide medical condition
that requires assisted living services offered by the
Development, subject to the limitations set forth in 1.A.i.4
below.
4. A combined total of no more that 20% of the residents of the
facility may be residents under the age of 55 who qualify to
reside in the Development based on the criteria set forth in
paragraphs 1.A.i.2 or 1.A.i.3 above.
ii. No more than one unit may be occupied by an employee of the
operator of the Development who is under the age of 55 provided that
the employee performs substantial duties directly related to the
management or maintenance of the Development.
iii. The operator of the Development must publish and adhere to policies
and procedures that demonstrate an intent to maintain a seniors-only
and bona-fide medical condition development consistent with the
restrictions of this Agreement. Such an intent shall be demonstrated
by the following procedures in a manner acceptable to the City:
1. The manner in which the development is described to
prospective residents.
2. The nature of any advertising designed to attract prospective
residents.
3. Age and/or medical verification procedures
4. Lease provisions.
5. Written rules and regulations.
6. Actual practices of the owner or manager in enforcing
relevant lease provisions and relevant rules or regulations.
iv. The Developer must comply with rules issued by the Secretary of
Housing and Urban Development for verification of occupancy by
reliable surveys and affidavits and include examples of the types of
policies and procedures relevant to a determination of compliance with
subparagraph 1.A. of this Agreement.
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4
v. The Development must contain significant facilities and services
specifically designed to meet the physical or social needs of older
persons. Significant facilities and services may include, but are not
limited to:
1. social and recreational programs
2. continuing education
3. information and counseling
4. recreational, homemaker, outside maintenance and referral
services
5. accessible physical environment
6. emergency and preventative health care of programs
7. congregate dining facilities
8. transportation to facilitate access to social services, and
9. services designed to encourage and assist residents to use the
services and facilities available to them
Significant facilities and services does not include off-site facilities
and services. The operator of the Development shall submit a
Compliance Proposal to the City annually demonstrating the provision
of significant facilities and services specifically designed to meet the
physical or social needs of older persons.
vi. No person under age 18 may stay overnight longer than 14 nights in
any 12-month period with a person over the age of 55 who resides in
the Development.
B. Developer shall be allowed to operate limited commercial accessory uses in the
Development which shall be available exclusively to residents and employees of
the Development. Examples of such limited commercial accessory uses are a
bistro café and a hair salon.
C. All structures shall be constructed in the configuration, location, floor plan and
materials as shown on the plans attached as Exhibit C to this Agreement.
D. Setbacks may deviate from the R-7 zoning district and townhome regulations as
follows:
i. Side yard minimum building setback along the west property line of
Lot 1, Block 1 shall be 0 feet.
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5
E. The square footage of the residential units in the Development may deviate from
the requirements of the R-7 zoning district’s minimum size requirements
provided they are constructed to the sizes as shown on the attached Exhibit C.
F. All grading, drainage, utility, wetland mitigation, and transportation issues that
arise during the Development shall be subject to review and approval by the City
Engineer.
G. Trees, shrubs, berms and screening are to be planted and installed as shown on
the Landscape Plan attached as Exhibit D. Developer shall replace any
Landscape Plan plantings that die with substantially the same or similar
landscape planting shown on the Landscape Plan.
H. Developer shall comply with all water, ponding and wetland related restrictions,
if any, required by the City of Albertville, Wright County Soil and Water District
and/or any applicable provisions of State and Federal law. Any and all
dewatering and dewatering operations will be the sole responsibility of the
Developer and shall be performed as required by the City and in accordance with
all applicable county, state, and federal rules and regulations.
I. Developer, its successors or assigns, shall strictly comply with all City weed
control ordinances.
J. Developer shall not stockpile excess or unsuitable earthen material on the
Subject Property without prior approval from the City Council.
K. Outlot A of Said Plat is zoned Planned Unit Development, but its use shall be
limited to an expansion of the senior housing facility that this Agreement
contemplates will be located on Lot 1, Block 1 of Said Plat and shall comply
with the R-7 zoning district standards. However, a structure cannot be placed
on said Outlot A until it is replatted as a numbered lot, at which time
Developer shall apply for a modification to the Planned Unit Development to
accommodate the expansion of the Development.
L. Outlot B of Said Plat shall remain zoned R1-A and shall be developed in the
future according to the zoning assigned to it at the time of its development. A
structure may not be constructed on said Outlot B until such lot is replatted as a
numbered lot.
2. Construction of Municipal Improvements.
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6
A. The Developer shall construct those Municipal Improvements located on and
off the Subject Property as detailed in the Plans and Specifications for
Guardian Angels of Albertville, as prepared by _____________________
dated _________________, 2013 and on file with the City Clerk, said
improvements to include installation of water mains, sanitary and storm
sewers, storm water ponding, streets, and the cleaning of County Ditch No. 9
as required elsewhere in this Agreement. All such improvements shall be
constructed according to the standards adopted by the City, along with all
items required by the City Engineer. Unless the City Engineer specifies a
later date, said improvements shall be installed by October 14, 2014.
B. The Developer shall provide the City with record drawings for all Municipal
Improvements, consistent with City requirements and subject to review and
approval of the City Engineer. Record drawings shall be certified by a
registered land surveyor or engineer that all ponds, swales, emergency
overflows, and Municipal Improvements have been constructed on public
easements.
C. The Developer warrants to the City for a period of two years from the date the
City accepts the finished Municipal Improvements that all such improvements
have been constructed to City standards and shall suffer no significant
impairments, either to the structure or to the surface or other usable areas due
to improper construction, said warranty to apply both to poor materials and
faulty workmanship. Acceptance shall be by City Council motion or
resolution.
D. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said improvements on the Subject
Property. Should Developer fail to provide the City with all applicable lien
waivers, the City reserves the right to draw upon Developer's surety after
providing Developer with 30 days written notice and pay any contractors who
performed work on any Municipal Improvements and whom Developer has
failed to fully pay for the performance of said work, subject in all events to
applicable retainage.
E. The City shall, at its option, have the City Engineer or other representative
present on the Subject Property for inspection purposes at all times (or such
times as the City may deem necessary) during the construction and
installation of said Municipal Improvements. Developer agrees to pay for all
reasonable costs incurred by the City during said inspections.
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7
F. The Developer shall construct an extension of 51st Street from its current
location west of Wright County Ditch No. 9 to a location on Outlot A,
terminating in a cul-de-sac in a location acceptable to the City Engineer.
Developer shall extend 51st Street as required herein upon the earlier of 1)
five years from the issuance of a certificate of occupancy for the
Development on Lot 1, Block 1 of Said Plat; or 2) the issuance of a certificate
of occupancy for any building located on Outlot A (following Outlot A’s
replat into a numbered lot). Prior to constructing the extension of 51st Street,
Developer shall submit plans and specifications for said extension to the City
Engineer for his approval. Said plans and specifications shall include the
right of way to be dedicated as a public street and the type of culvert used to
cross County Ditch No. 9. Upon approval of the plans and specifications, the
Developer shall cause to be dedicated to the City the right of way approved
by the City Engineer such that the City has rights to use the right of way
unencumbered by the property interests of third parties. If requested by the
City, the Developer shall, immediately prior to the dedication of right of way
for 51st Street, provide evidence of marketable title to the land proposed to be
dedicated. The form and content of the dedication shall be approved by the
City Attorney.
3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of paved private streets, driveways and trails, curb and gutter,
boulevards, sidewalks, street signs, traffic signs, yard top soil, sod and seed in
all yards, landscaping, private utilities, grading control, drainage swales,
erosion control, berming, and like items as necessary, street cleanup during
project development, erosion control, and all exterior amenities to be
constructed on the Subject Property as shown on Exhibit E attached to this
Agreement (“On- and Off-site Improvements”), all as required by City
ordinance and this Agreement. In all cases permanent turf or grass must be
established over all areas of the Subject Property not covered by a hard or
impervious surface. Said On- and Off-site improvements shall be installed no
later October 31, 2014, with the exception of erosion control, drainage swales
and berming, which shall be installed upon initial grading of the Subject
Property, and private utilities, which shall be installed prior to the issuance of
a certificate of occupancy.
B. Developer shall, at its own expense, be responsible to ensure the following
items are installed within the Development, all such items to be installed
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8
under ground, within the street right of way or such other location as may be
approved by the City Engineer, in compliance with all applicable state and
local regulations:
i. Electrical power supply, to be provided by Xcel Energy or other such
carrier;
ii. Natural gas supply, to be provided by Reliant Energy or other such
carrier;
iii. Telephone service,
C. Developer shall maintain erosion control measures in accordance with the
Minnesota Pollution Control Agency’s NPDES permit and the storm water
pollution prevention plan attached as Exhibit F.
D. Notwithstanding the requirements of 3A above and except as otherwise
provided in this Agreement, the Developer shall be responsible to ensure that
the On- and Off-site Improvements are installed to the City's satisfaction prior
to the date that a certificate of occupancy (temporary or permanent) is issued
by the City for any building located on the Subject Property, unless the
certificate of occupancy is issued after October 1st and before March 30th in
any given year, in which case a temporary certificate of occupancy shall be
issued with the requirement that the Developer be required to install said On-
and Off-site Improvements by the following June 30th.
4. Surety Requirements.
A. The Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the obligations
of the Developer under this Agreement shall be performed. Said letter of
credit or surety shall be in the amount of $________________ representing
the sum of 100% of the estimated cost of the Municipal Improvements
($_________________) and 150% of the estimated cost for
landscaping/screening materials related to the Subject Property
($_________________) and $1,500 per acre for erosion control. Said letter
of credit or surety must meet the approval of the City attorney as to form and
issuing bank (the issuing bank must be an FDIC insured bank located within
100 miles of the City of Albertville), and must be available in its entirety to
fulfill the obligations of the Developer under this Agreement. The letter of
credit to the City shall contain language requiring its automatic renewal prior
Agenda Page 99
9
to December 31 of each calendar year, unless cancellation of the letter of
credit is specifically approved in writing by the City.
B. The City may draw on said letter of credit or surety to complete work not
performed by Developer (including but not limited to Municipal
Improvements described above, erosion control, and other such measures), to
pay liens on the Subject Property, to reimburse itself for reasonable costs
incurred in the drafting, execution, administration or enforcement of this
Agreement, to repair or correct deficiencies or other problems which occur to
the Municipal Improvements during the warranty period, or to otherwise
fulfill the obligations of the Developer under this Agreement. Said letter of
credit must be maintained by Developer at all times at the level provided in
paragraph 4A above or a lesser amount authorized by the City Council
pursuant to paragraph 5B below.
C. In the event that any cash, irrevocable letter of credit, or other surety referred
to herein is ever utilized and found to be deficient in amount to pay or
reimburse the City in total as required herein, Developer agrees that upon
being billed by the City, the Developer will pay within thirty (30) days of the
mailing of said billing, the said deficient amount. If there should be an
overage in the amount of utilized security, the City will, upon making said
determination, refund to the Developer any monies which the City has in its
possession which are in excess of the actual costs of the Development as paid
by the City.
D. Developer hereby agrees to allow the City to specially assess the Subject
Property for any and all reasonable costs incurred by the City in enforcing any
of the terms of this Agreement should the Developer's letter of credit or surety
prove insufficient or should the Developer fail to maintain said letter of credit
or surety in the amount required above within 30 days of mailing of written
request by the City. Should the City assess the Subject Property for said
reasonable costs, the Developer agrees not to contest or appeal such
assessment and waives all statutory rights of appeal under Minnesota Statutes,
including Minnesota Statute 429.081, to the extent of the costs identified in
this Agreement.
E. In the event a surety referred to herein is in the form of an irrevocable letter of
credit, which by its terms may become null and void prior to the time at
which all monetary or other obligations of the Developer are paid or satisfied,
it is agreed that the Developer shall provide the City with a new letter of
credit or other surety, acceptable to the City, at least forty-five (45) days prior
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to the expiration of the original letter of credit. If a new letter of credit is not
received as required above, the City may without notice to the Developer
declare a default in the terms of this Agreement and thence draw in part or in
total, at the City's discretion, upon the expiring letter of credit to avoid the
loss of surety for the continued obligation. The form of any irrevocable letter
of credit or other surety must be approved by the City Attorney prior to its
issuance.
F. In the event the Developer files bankruptcy or in the event a bankruptcy
proceeding is filed against Developer by others and is not dismissed within 60
days, or in the event a court appoints a receiver for the Developer, the City
may draw on its letter of credit or surety in its full amount to secure its surety
position. The City shall then release the remainder of said letter of credit or
surety to the bankruptcy court or receiver in the same manner that it would be
required to release the letter of credit under this Agreement.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal Improvements, and/or erosion control, and/or
Landscaping Improvements and when it is reasonably prudent, the Developer
may request of the City that the surety be proportionately reduced for that
portion of such improvements which have been fully completed and payment
made therefor. All such decisions shall be at the discretion of the City
Council. The City's reasonable cost for processing reduction request(s) shall
be billed to the Developer. Such cost shall be paid to the City within thirty
(30) days of the date of mailing of the billing.
B. Developer may request of the City a reduction or release of any surety as
follows:
i. When another acceptable letter of credit or surety is furnished to
the City to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements have been
installed, that portion of the letter of credit or surety attributable to
the Municipal Improvements may be reduced by the dollar amount
of such Municipal Improvements installed, except that the City
shall retain the letter of credit or surety in the amount of 10% of the
estimated construction price of the Municipal Improvements
during the first year of the warranty period and 5% of the estimated
Agenda Page 101
11
construction price of the Municipal Improvements during the
second year of the warranty period.
iii. When all or a portion of the Landscaping Improvements have been
installed, the letter of credit or surety may be reduced by the dollar
amount attributable to that portion of such Landscaping
Improvements installed, except the City shall retain the letter of
credit or surety in the amount of 25% of the estimated Landscaping
Improvement costs for two years from the time of the installation
of said landscaping materials.
C. The reasonable costs incurred by the City in processing any reduction request
shall be billed to the Developer and paid to the City within thirty (30) days of
billing.
6. Abandonment of Project - Costs and Expenses. In the event Developer should
abandon the Development of the Subject Property, the City's reasonable costs and
expenses related to attorney's fees, professional review, drafting of this Agreement,
preparation of the feasibility report, plans and specifications, and any other expenses
undertaken in reliance upon Developer's various representations shall be paid by
Developer within thirty (30) days after receipt of a bill for such costs from the City.
In addition, in the event Developer abandons the Development, in whole or in part,
ceases substantial field work for more than nine (9) months, fails to provide
sufficient ground-cover to prevent continuing soil erosion from the Subject Property,
or fails to leave the Subject Property in a condition which can be mowed using
conventional lawn mowing equipment, Developer agrees to pay all reasonable costs
the City may incur in taking whatever action is reasonably necessary to provide
ground-cover and otherwise restore the Subject Property to the point where
undeveloped grounds are level and covered with permanent vegetation sufficient to
prevent continuing soil erosion from the Subject Property and to facilitate mowing of
the Subject Property. In the event that said costs are not paid, the City may specially
assess such costs against the Subject Property and/or take necessary legal action to
recover such costs, including reasonable attorneys’ fees.
7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the
Developer will reimburse the City for all reasonable administrative, legal, planning,
mapping, engineering and other professional costs incurred in the creation,
administration, enforcement or execution of this Agreement and the approval of
Developer’s PUD application, as well as all reasonable engineering expenses
incurred by the City in designing, approving, installing, mapping and inspecting said
Improvements described above. Developer agrees to pay all such costs within 30
Agenda Page 102
12
days of billing by the City. If Developer fails to pay said amounts, then the City may
specially assess such costs against the Subject Property.
8. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit F. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
9. Drainage Requirements. Developer shall comply with all applicable requirements
for drainage into any county ditch or other ditch through which water from the
Subject Property may drain, and shall make any necessary improvements or go
through any necessary procedures to ensure compliance with any federal, state,
county or city drainage requirements, all at Developer's sole expense. In addition,
Developer shall clean and reshape both sides of County Ditch 9 lying adjacent to the
Real Property. Said ditch shall be cleaned and reshaped in accordance with the plans
attached hereto as Exhibit G, and shall be completed by October 31, 2014.
10. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage which may
occur to public property including but not limited to streets, street sub- base, base,
bituminous surface, curb, utility system including but not limited to watermain,
sanitary sewer or storm sewer (including ditches) when said damage occurs as a
result of the activity which takes place during the development of the Subject
Property. Developer further agrees to pay all reasonable costs required to repair the
streets, utility systems and other public property damaged or cluttered with debris
when occurring as a direct or indirect result of the construction that takes place on
the Subject Property.
Developer agrees to clean the public streets providing access to the Subject
Property on a daily basis if required by the City. Developer further agrees that any
damage to public property occurring as a result of construction activity on the
Subject Property will be repaired immediately if deemed to be an emergency by
the City. Developer further agrees that any damage to public property as a result
of construction activity on the Subject Property will be repaired within 14 days if
not deemed to be an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public property,
the City may undertake making or causing it to be cleaned up, repaired or
maintained. When the City undertakes such activity, Developer shall reimburse the
Agenda Page 103
13
City for all of its reasonable expenses within thirty (30) days of its billing to the
Developer. If Developer fails to pay said bill within such period, then the City may
specially assess such costs against the Subject Property and/or take necessary legal
action to recover such costs and the Developer agrees that the City shall be entitled to
reasonable attorneys’ fees incurred by the City as a result of such legal action.
11. Temporary Easement Rights. Developer shall provide access to the Subject
Property at all reasonable times to the City or its representatives for purposes of
inspection or to accomplish any necessary work pursuant to this Agreement. Upon
expiration of the warranty period and completion of all warranty work, such
temporary easement shall terminate.
12. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement
are items for which Developer is responsible for completing and all work
shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Agreement is for any reason held invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portion of this Agreement.
C. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in
delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors,
materialmen, employees, agents, or third parties.
D. The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Agreement. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by written resolution of
the City Council. The City's failure to promptly take legal action to enforce
this Agreement shall not be a waiver or release.
E. Developer represents to the City that the Subject Property and the proposed
use on the Subject Property complies with all City, County, State and Federal
laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. Developer agrees to
obtain all required federal, state and local permits. If the City reasonably
determines that the Subject Property does not comply, the City may, at its
Agenda Page 104
14
option, refuse to allow construction or development work on the Subject
Property until Developer so complies. Upon the City's demand in such event,
the Developer shall cease work until there is compliance as determined by the
City.
F. Prior to the execution of this Agreement and prior to the start of any
construction on the Subject Property, the Developer shall provide the City
with evidence of good and marketable title to the Subject Property.
Evidence of good and marketable title shall consist of a Title Insurance
Policy or Commitment from a reputable title insurance company, or an
abstract of title updated by an abstract company registered under the laws
of the State of Minnesota.
G. Prior to beginning construction work on the Subject Property, Developer shall
provide the City with a general liability and property damage insurance policy
naming the City and the City’s consultants and agents as additional insureds
in the minimum amount of $1.5 million.
H. The Developer shall cause the Final Plat attached hereto as Exhibit H to be
recorded at the office of the Wright County Recorder’s Office immediately
prior to the recording of this Agreement.
I. Developer shall install exterior lighting consistent with City ordinance and the
Lighting Plan attached hereto as Exhibit I.
J. Developer shall grade the property consistent with the grading plan attached
hereto as Exhibit J.
13. Violation of Agreement.
A. Except as otherwise provided in this Agreement, upon any default by
Developer, its successors or assigns, of any of the covenants and agreements
herein contained, the City shall give the Developer thirty (30) days mailed
notice thereof (via certified mail), and if such default is not cured within said
thirty (30) day period, the City is hereby granted the right and the privilege to
declare any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run from the
date of deposit in the United States Mail. Upon failure to cure by the
Developer, the City may thence immediately and without notice or consent of
the Developer complete the Developer's obligations under this Agreement,
and specially assess the costs thereof against the Subject Property, bring legal
Agenda Page 105
15
action against the Developer to collect any sums due to the City pursuant to
this Agreement, plus all reasonable costs and reasonable attorney's fees
incurred in enforcing this Agreement, draw on the surety provided herein, or
pursue any combination of the above remedies as well as any other remedy
available to the City in law or equity.
B. Notwithstanding the 30-day notice period provided for in paragraph 13A
above, in the event that a default by the Developer will reasonably result in
irreparable harm to the environment or to public property, or result in an
imminent and serious public safety hazard, the City may immediately
exercise all remedies available to it under this Agreement in an effort to
prevent, reduce or otherwise mitigate such irreparable harm or safety hazard,
provided that the City makes good-faith, reasonable efforts to notify the
Developer as soon as is practicable of the default, the projected irreparable
harm or safety hazard, and the intended actions of the City to remedy said
harm.
C. Paragraph 13A of this section shall not apply to any acts or rights of the City
under paragraph 4E above, and no notice need be given to the Developer as a
condition precedent to the City declaring a default or drawing upon the
expiring irrevocable letter of credit as authorized by paragraph 4E. The City
may elect to give notice to the Developer of the City's intent to draw upon the
surety without waiving the City's right to draw upon the surety at a future
time without notice to the Developer.
14. Dedications to the City.
A. Municipal Improvement Dedications: The Developer, upon presentation to the
City of evidence of good and marketable title to the Subject Property, and upon
completion of all construction work and certification of completion by the City
Engineer, shall make the following dedications to the City:
1. Developer shall dedicate drainage easements to the City over,
under and across all drainage ponds located in Said Plat.
2. Developer shall dedicate to the City all roads (except private
roads), road rights-of-way, curbs, gutters, sewers and water
mains and utility easements located within the easements
shown on Said Plat. Prior to the City’s acceptance of said
dedications, Developer shall provide to the City “As-Builts”
of all sewers, water mains, and roads. Acceptance by City of
Agenda Page 106
16
any dedication shall occur upon passage of a resolution to
such effect by the City Council.
B. Park Dedication. Developer acknowledges and agrees that in order to satisfy
the City’s park dedication requirements for the amount of residential units being
constructed, and after allowing a reduction in the number of units subject to park
dedication as a result of the reduced capacity of the residents of the Development
to use the City’s park facilities, Developer shall pay the City a cash payment
totaling $52,800 calculated as 16 residential units times $3,300 per unit. Said
park dedication fees shall be paid prior to the release of the final plat of Said Plat
by the City.
15. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said
Plat, Developer agrees to pay a trunk sanitary sewer charge in the amount of
$__________ representing $2,055 per acre of Said Plat multiplied by _________
acres contained in Said Plat (excluding Outlots A and B; trunk sanitary sewer
charges shall be due on the Outlots when they are replatted into numbered lots).
In addition, prior to release of Said Plat, Developer agrees to pay a trunk water
charge in the amount of $______________ representing $1,925 per acre of Said
Plat multiplied by _______ acres contained in Said Plat (excluding Outlots A and
B; trunk water charges shall be due on the Outlots when they are replatted into
numbered lots) less an offset of $7,000 for the difference in cost between
Developer installing a 12-inch watermain required by the City across Lot 1 and
Outlot A vs. an 8-inch watermain that would normally be required. Developer
agrees to pay said amounts prior to the City’s release of Said Plat.
16. Administrative Fee. A fee for City administration of this project shall be paid
prior to the City executing this Agreement. Said fee shall be 3.5% of the
estimated construction costs of the Municipal Improvements required herein. The
administrative fee shall be $___________ and shall be paid prior to the release of
the Final Plat.
17. Indemnity. Developer shall hold the City and its officers and employees harmless
from claims made by Developer or third parties for damages sustained or costs
incurred resulting from the Development. Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses which the City may pay or
incur in consequence of such claims, including reasonable attorney's fees. Third
parties shall have no recourse against the City under this Agreement.
Agenda Page 107
17
18. Assignment of Agreement. The obligations of Developer under this Agreement
cannot be assigned without the express written consent of the City Council through
Council resolution.
19. Limited Approval. Approval of this Agreement and Planned Unit Development
which is the subject of this Agreement by the City Council in no way constitutes
approval of anything other than that which is explicitly specified in this Agreement.
20. Professional Fees. Developer will pay all reasonable professional fees incurred by
the City as a result of City efforts to enforce the terms of this Agreement. Said fees
include attorney's fees, engineer's fees, planner's fees, and any other professional fees
incurred by the City in attempting to enforce the terms of this Agreement. The
Developer will also pay all reasonable attorneys’ and professional fees incurred by
the City in the event an action is brought upon a letter of credit or other surety
furnished by the Developer as provided herein.
21. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are
incorporated into this Agreement by reference as they appear. Unless otherwise
specified in this Agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
22. Integration Clause, Modification by Written Agreement Only. This Agreement
represents the full and complete understanding of the parties and neither party is
relying on any prior agreement or statement(s), whether oral or written.
Modification of this Agreement may occur only if in writing, approved by the
Albertville City Council and signed by the duly authorized agents of both parties.
23. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed as
follows to the following parties:
City of Albertville Evans Park, Inc.
c/o City Clerk 508 Freeport Avenue N.W.
P.O. Box 9 Suite A
Albertville, MN 55301 Elk River, MN 55330
Telephone: (763) 497-3384 Telephone (763) 241-4439
Attn: Dan Dixon
Guardian Angels of Elk River
508 Freeport Avenue N.W.
Suite A
Agenda Page 108
18
Elk River, MN 55330
Telephone (763) 241-4439
Attn: Dan Dixon
24. Agreement Effect. This Agreement shall be recorded against the Real Property at
the Wright County Recorder’s Office, shall run with the land, and be binding upon
and extend to the representatives, heirs, successors and assigns of the parties hereto.
25. Execution of Counterparts. The parties may execute this Agreement in one or
more counterparts, and each fully executed counterpart shall be deemed an original.
CITY OF ALBERTVILLE,
By_______________________
Its Mayor
By_______________________
Its Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ____________ day of
__________________, 2013, 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 )
Agenda Page 109
19
The foregoing instrument was acknowledged before me this ____________ day of
__________________, 2013, by Kimberly A. Olson, as Clerk of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
___________________________________
Notary Public
(The rest of this page has been left intentionally blank)
Agenda Page 110
20
EVANS PARK, INC.
__________________________
By: ______________________
Its: ______________________
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ____________ day of
__________________, 2013, by ___________________, as ______________ of Evans
Park, Inc.
___________________________________
Notary Public
(The rest of this page has been intentionally left blank)
Agenda Page 111
21
GUARDIAN ANGELS OF ELK RIVER,
INC.
__________________________
By: ______________________
Its: ______________________
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ____________ day of
__________________, 2013, by ___________________, as ______________ of Guardian
Angels of Elk River, 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
Agenda Page 112
22
EXHIBIT LIST
EXHIBIT A
The property to which this Agreement applies is legally described as:
Lot 1, Block 1
Outlot A
Outlot B
Guardian Angels of Albertville, according to the plat of record, as on file in the office of
the Wright County Recorder, Wright County, Minnesota.
Agenda Page 113
23
EXHIBIT B
Municipal Improvements
EXHIBIT C
Site Plan & Building Plans
EXHIBIT D
Landscaping
EXHIBIT E
On- and Off-site Improvements
EXHIBIT F
Storm Water Pollution Prevention Plan
EXHIBIT G
Ditch Cleaning Specs
EXHIBIT H
Final Plat
EXHIBIT I
Lighting Plan
EXHIBIT J
Grading Plan
Agenda Page 114
Agenda Page 115
Agenda Page 116
Agenda Page 117
Agenda Page 118
Agenda Page 119
Agenda Page 120
Agenda Page 121
Agenda Page 122
Agenda Page 123
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Kassel Vacation RCA.docx
Meeting Date: August 5, 2013
August 1, 2013
SUBJECT: VACATION OF A PORTION OF KASSEL AVENUE NE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve Resolution No. 2013-032, Resolution vacating a portion of Kassel
Avenue NE within the City of Albertville.
BACKGROUND: Evans Park, Inc. and Guardian Angels of Elk River, Inc. have jointly
petitioned the City to vacate five feet on each side of Kassel Avenue NE abutting the future
senior housing site owned by Evans Park, Inc. and the property immediately to the east, owned
by Guardian Angels of Elk River, Inc. The current road right of way has never been platted, but
instead was dedicated by separate easement when Albert Villas 6th Addition was platted. At that
time, the right-of-way was dedicated at a width of 70 feet. The City Engineer and Planner have
determined that only 60 feet of right-of-way is required, which matches the platted right-of-way
in Albert Villas 6th Addition and is consistent with the City’s subdivision ordinance. Evans Park,
Inc. and Guardian Angels of Elk River, Inc. propose to plat 60 feet of right-of-way along the
current alignment of Kassel Avenue NE when the Guardian Angels of Albertville plat is filed.
Ownership of the five feet on either side of Kassel Avenue NE will revert back to Guardian
Angels and Evans Park, Inc. once the vacation is effective and will be incorporated into the
development of each lot. The two five-foot parcels proposed to be vacated will be covered by a
utility easement once the plat is filed.
KEY ISSUES:
• The property owners have requested the vacation of the two five-foot strips and have
agreed to pay all of the City’s costs related to the vacation.
• The vacation will not be effective until the plat is filed.
• The plat will place a utility easement over the vacated portions of Kassel Avenue NE.
• The two five-foot sections of right-of-way are not needed for road purposes by the City.
POLICY/PRACTICES CONSIDERATIONS: The City has routinely granted vacations of
streets and utilities in the past when the easement no longer served a public purpose. It has been
the City’s policy to return these parcels to the tax rolls when no longer needed for public
purposes.
FINANCIAL CONSIDERATIONS: The vacation will have no immediate financial impact
upon the City, as Guardian Angels and Evans Park, Inc. will pay all costs of vacating these
easements. Over the long run, the two five-foot vacated parcels will return to the tax rolls and
will increase the City’s tax base by an insignificant amount.
Agenda Page 124
Mayor and Council Request for Action – August 5, 2013
Vacation of a Portion of Kassel Avenue NE Page 2 of 2
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Kassel Vacation RCA.docx
Meeting Date: August 5, 2013
LEGAL CONSIDERATIONS: The City Council has the legal authority to vacate a portion of
road if it determines that the vacation is in the interest of the public.
Responsible Person/Department: Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution 2013-032
Agenda Page 125
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-032
RESOLUTION VACATING A PORTION OF KASSEL AVENUE NE
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, the City Council, pursuant to a petition submitted to it by Evans Park,
Inc. and Guardian Angels of Elk River, Inc. under Minnesota Statute §412.851 did hold a
public hearing on August 5, 2013 at 7 p.m. at the Albertville City Hall. At said time and
place the City Council heard all interested parties on whether to vacate that portion of Kassel
Avenue NE described below in this resolution.
WHEREAS, all notice requirements of Minnesota Statute §412.851 have been
satisfied; and
WHEREAS, the City Council finds and determines that it is in the public interest to vacate
that portion of the roadway legally described below as such roadway is no longer required by the
City.
NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville,
Wright County, Minnesota does hereby order as follows:
1. That part of the easterly 5.00 feet and the westerly 5.00 feet of the Permanent
Roadway Easement per Document No. 854994, also known as Kassel Avenue
NE, which lies southerly of the southerly right-of-way line of County State Aid
Highway No. 18 per Wright County Highway Right-Of-Way Plat No. 42, within
the City of Albertville, Minnesota shall be vacated upon the filing of the plat
known as Guardian Angels of Albertville with the Wright County Recorders
Office, Wright County, Minnesota.
2. The City Clerk is directed to file a certified copy of this Order in the records of
the City and a “Notice of Completion of Proceeding” with the Office of the
Wright County Auditor and Recorder.
Adopted by the Albertville City Council on the 5th day of August, 2013.
________________________________
Jillian Hendrickson, Mayor
_____________________________
Kimberly A. Olson, City Clerk
Agenda Page 126
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Winter Park ShelterRCA.doc
Meeting Date: August 5, 2013
August 1, 2013
SUBJECT: PUBLIC WORKS - PURCHASE OF A 20 SQUARE FOOT SHELTER FOR WINTER PARK
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve purchasing a 20x20 foot shelter to be installed at Winter Park for
$15,859.00 plus tax.
BACKGROUND: In 2008 when the park was built, a concrete foundation and slab was
installed in preparation for a shelter. Recently, the Parks Committee has reviewed adding a
shelter to the park and recommends doing so.
KEY ISSUES:
• The Parks Committee has approved this project.
• This shelter would be from the same manufacturer as the ones at Villas and Four
Seasons Parks.
FINANCIAL ISSUES:
• The Parks Building Fund has $18,043.21 available for this type of project.
• The following two quotes for the structure have been received:
Midwest Playscapes $14,780
Flanagan Sales $15,859
• Staff is recommending the shelter from Flanagan Sales. This is the higher of the two
quotes, but the structure is consistent with what the City has installed at other parks and
staff believes it is a better product.
Responsible Person/Department: Tim Guimont, Public Works Supervisor
Submitted through: Adam Nafstad, City Administrator - PWD
Agenda Page 127
Mayor and Council Communication
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Public Works Report.doc
Meeting Date: August 5, 2013
August 1, 2013
SUBJECT: PUBLIC WORKS – UPDATE REPORT
STREETS:
The Public Works Department has started pot hole patching and catch basin repair. Soon crews
will be doing cross walk painting and side walk repairs.
With the 2013 Improvement project underway, crews are providing assistance when and where
needed.
PARKS:
Parks maintenance has been very busy as always. The prep work for the Four Seasons Park trail
overlay was recently completed and generally consisted of tree trimming and trail edging.
Several sprinkler system repairs have been completed this year and we are currently working to
fix the system for the medians in CSAH 19.
Painting and striping on the basketball courts at Central and Villas Parks is complete and turned
out well.
COMPOST SITE:
The compost site continues to be heavily used. From June 1 to July 22, 2013, 598 Albertville and
261 Otsego residents registered at the compost site. Staff assumes that only half the people that
use the site register.
The City of Otsego has made some new signs for the site. One of the signs is a “No Contractor”
sign. I will be calling the sheriff’s office to discuss appropriate action for contractors found using
the facility.
Responsible Person - Department: Tim Guimont – Public Works Supervisor
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: None
Agenda Page 128
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Certification of Outstanding UBs & invoices RCA.doc
Meeting Date: August 5, 2013
August 1, 2013
SUBJECT: FINANCE DEPARTMENT – APPROVAL OF THE 2013 MID-YEAR CERTIFICATION OF
UNCOLLECTED UTILITY BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve Resolution No. 2013-033entitled a Resolution Certifying the 2013
Mid-Year Uncollected Utility Bills to Wright County for Collection with Real Estate Taxes.
BACKGROUND: On an annual basis, it is the City’s procedure to send notification to
residents, developers, and other business owners that there are outstanding utility bills or
invoices, allowing them sufficient time to pay such fees owed to the City. If such outstanding
debt has not been paid before November 15, 2013 the City has the ability to certify such
outstanding debt to the appropriate property that would be collected with the Real Estate Taxes.
In the past few years the City has added a mid-year assessment of outstanding receivables.
KEY ISSUES: The key issue regarding the outstanding debt is allowing the City to certify it to
the property taxes ensuring collection.
POLICY CONSIDERATIONS: It is the City’s policy to review and authorize staff to certify
uncollected utility bills and outstanding invoices to Wright County for Collection with Real
Estate Taxes.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
Certification list, which would be updated as payments are received up until July 22, 2013.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to authorize staff to
certify pursuant to Minnesota State Law, which requires uncollected utility bills and invoices to
be paid in a timely manner, generally within 120 days unless one party determines to dispute the
billing.
Responsible Person/Department: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution 2013-033
Agenda Page 129
Page 1
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-033
A RESOLUTION CERTIFYING UNCOLLECTED
UTILITY BILLS AND INVOICES TO WRIGHT COUNTY FOR
COLLECTION WITH REAL ESTATE TAXES
WHEREAS, the City Council is desirous of collecting all charges for the use of the
wastewater treatment facility, the storm water system, water department, and charges for services
invoiced; and
WHEREAS, the City Council has determined that some sewer, storm water, and water
accounts remain uncollected and delinquent.
Exhibit A attached
NOW, THERFORE, BE IT RESOLVED the City Council of Albertville, Wright County,
Minnesota, hereby directs the Finance Director to certify all uncollected invoices, sewer, storm
water, and water accounts that have not been paid to the City on Monday, July 22, 2013, to the
Wright County Auditor for collection with real estate taxes.
BE IT FURTHER RESOLVED, the City Council hereby orders that delinquent accounts
certified to the tax rolls will be assessed a ten percent (10%) interest charge by the City upon
certification and the total assessment will be collectible along with the 2014 taxes.
Adopted by the City Council of the City of Albertville this 5th day of August, 2013.
Jillian Hendrickson, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 130
City of Albertville
Resolution No. 2013-033
Meeting of August 5, 2013
Page 2
Exhibit A
MID-YEAR LIST OF
UNCOLLECTED UTILITY BILLS
Property Balance PID Delinquency
10510 64th Lane NE $124.04 101-087-001120 Delinquent Utility Bill
11810 55th Street NE $200.90 101-025-002060 Delinquent Utility Bill
11571 57th Street NE $281.04 101-013-002080 Delinquent Utility Bill
Agenda Page 131
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Fence Height RCA.docx
Meeting Date: August 5, 2013
August 1, 2013
SUBJECT: PLANNING DEPARTMENT – FENCE ORDINANCE AMENDMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Ordinance No. 2013-07 approving a fence ordinance amendment to
required fence height as described in Section 1000.6.G Residential District Fences, Section
1000.5.C Single-Family or Two-Family Dwelling Pools, and Section 1000.5.D Multiple-Family
Dwellings, Clubs And Organization Pools.
BACKGROUND: The fence ordinance amendment addresses fence height issues in the
following sections of the Zoning Ordinance:
Section 1000.6 Fences: An ordinance amendment is proposed to rectify discrepancies in the
written and graphic fence height standards described for residential fencing in this section of the
Ordinance. Currently ordinance text provides fence standards for fences of 42 inches in height,
while supplemental diagrams demonstrate fence standards for fences of 48 inches in height.
Ordinance language has been adjusted so that fence standards relate to fences of 48 inches in
height so that written text and supplemental diagrams communicate the same fence height
requirements.
Section 1000.5 Swimming Pools and Hot Tubs: The height of pool fences has been a topic of
discussion in recent conversation with residents looking to address fencing requirements around
private pools. Currently, Section 1000.5.C.3.a and 1000.5.D.3, pertaining to residential pool
fencing or enclosures, requires that all pool fences be at least 5 feet in height. This fence height
requirement does not apply specifically to in-ground or above-ground pools. Planning staff
spoke with the Building Inspector and conducted research of pool fence height requirements in
surrounding communities to gain an understanding of appropriate pool fence standards. An
ordinance amendment is proposed requiring that fences surrounding private residential pools be a
minimum of 5 feet in height for in-ground pools and 4 feet in height for above-ground pools. In
combination with other existing pool fence standards, including requiring self-closing fence
gates with self-latching devices, it is anticipated that these fence height standards will ensure the
adequate enclosure necessary to regulate access to pool uses.
KEY ISSUES:
• The ordinance amendment corrects conflicting ordinance language.
• In the case of above-ground pools, the Building Inspector believes a four foot fence
provides adequate protection.
Agenda Page 132
Mayor and Council Request for Action – August 5, 2013
Fence Ordinance Amendment Page 2 of 2
M:\Public Data\City Council\Council Packet information\2013\080513\080513 Fence Height RCA.docx
Meeting Date: August 5, 2013
POLICY/PRACTICES CONSIDERATIONS: None. Staff is recommending approval.
FINANCIAL CONSIDERATIONS: None.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City
Council has the authority to approve or deny the request for the ordinance amendment.
Responsible Person-Department: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Marked Up Ordinance
Ordinance No. 2013-07
Agenda Page 133
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2013 - ____
AN ORDINANCE AMENDING SECTION 1000.6.G (RESIDENTIAL DISTRICT
FENCES) AND SECTION 1000.5 (SWIMMING POOLS AND HOT TUBS) OF
CHAPTER 1000 (GENERAL BUILDING AND PERFORMANCE STANDARDS) IN
APPENDIX A (ZONING ORDINANCE) OF THE 2005 ALBERTVILLE MUNICIPAL
CITY CODE, RELATING TO FENCE HEIGHT REGULATIONS
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Section 1000.6.G (Residential District Fences) of Chapter 1000 (General Building
and Performance Standards) is hereby amended as follows:
1000.6 FENCES: Fences shall be permitted in all yards subject to the following:
G. Residential District Fences: All residential fences shall be placed within the
property being fenced.
1. Fences not more than six feet (6') in height may be erected alongside and
rear property lines, provided such fences do not extend forward of the
principal structure. In the case of a side yard on a corner lot that abuts a
street, a minimum fence setback of twenty feet (20') shall be maintained
for all fences exceeding forty eight inches (48”) in height. (See diagram
7.A of this section.)
2. Should the rear lot line of a corner lot be common with the side lot line of
an abutting lot, a minimum twenty foot (20') side yard setback must be
maintained on the corner lot for all fences exceeding forty eight inches
(48”) in height. (See diagram 7.B of this section.)
3. The required screening provisions for residential districts shall supersede,
where applicable, the provisions of this section.
4. All posts or similar supporting instruments used in the construction of
fences shall be faced inward toward the property being fenced.
5. All fences shall not obstruct natural drainage.
Deleted: forty two inches (42")
Deleted: forty two inches (42")
Agenda Page 134
6. Fences extending across required front yards or a required side yard which
abuts a street on a corner lot shall not exceed forty eight inches (48”) in
height, shall be at least seventy five percent (75%) open space for passage
of air and light, shall not be constructed of chain link, and shall maintain
the traffic visibility requirements of section 1000.8 of this chapter.
Section 2. Section 1000.5 (Swimming Pools and Hot Tubs) of Chapter 1000 (General Building
and Performance Standards) is hereby amended as follows:
1000.5 SWIMMING POOLS AND HOT TUBS:
C. Single-Family Or Two-Family Dwelling Pools:
3. Fences Or Enclosures To Restrict Access: All swimming pools for which
a building permit is required shall be provided with safeguards to prevent
children from gaining uncontrolled access. This can be accomplished with
fencing or other enclosure, or any combination thereof, of sufficient
density as to be impenetrable.
a. If fences are employed, they shall be at least five feet (5') in height for
in ground pools, and at least four feet (4’) in height for above ground
pools. The bottoms of the fences shall not be more than four inches
(4") from the ground. Fences shall be of a noncorrosive material and
shall be constructed as to be not easily climbable (chain link fences
must be vinyl coated with slats for screening). All fence openings or
points of entry into the pool enclosure shall be equipped with gates or
doors. All gates or doors to swimming pools shall be equipped with
self-closing and self-latching devices placed at a height not lower than
forty eight inches (48"), so as to be inaccessible to all small children.
Prior to filling the pool, the approved fence and/or screen must be
completely in place and inspected and approved by the city building
official.
D. Multiple-Family Dwellings, Clubs and Organizations: For private swimming
pools which are intended for and used by the occupants of a multiple-family
dwelling and the guests of the occupants, or for private and public clubs and
organizations, the following regulations shall be met in addition to those listed for
single- and two-family dwellings provided in subsection C of this section:
Deleted: forty two inches (42")
Agenda Page 135
3. The pool area shall be adequately fenced to prevent uncontrolled access
from the street or adjacent property. Fences shall be at least five feet (5') in
height for in ground pools, and at least four feet (4’) in height for above
ground pools. The bottoms of the fences shall not be more than four inches
(4") from the ground. Fences shall be of a noncorrosive material and shall
be constructed as to be not easily climbable (chain link fences must be
vinyl coated with slats for screening). All fence openings or points of
entry into the pool enclosure shall be equipped with gates or doors. All
gates or doors to swimming pools shall be equipped with self-closing and
self-latching devices placed at a height not lower than forty eight inches
(48") so as to be inaccessible to all small children. Prior to filling the pool,
the approved fence or enclosure must be completely in place and inspected
and approved by the city building official. Adequate screening, including,
but not limited to, landscaping, shall be placed between the pool area and
adjacent lot lines.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this 5th day of August 2013.
__________________________
Jillian Hendrickson, Mayor
__________________________
Kimberly A. Olson, City Clerk
Agenda Page 136
Page 1
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2013 - 07
AN ORDINANCE AMENDING SECTION 1000.6.G (RESIDENTIAL DISTRICT
FENCES) AND SECTION 1000.5 (SWIMMING POOLS AND HOT TUBS) OF
CHAPTER 1000 (GENERAL BUILDING AND PERFORMANCE STANDARDS) IN
APPENDIX A (ZONING ORDINANCE) OF THE 2005 ALBERTVILLE MUNICIPAL
CITY CODE, RELATING TO FENCE HEIGHT REGULATIONS
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Section 1000.6.G (Residential District Fences) of Chapter 1000 (General Building
and Performance Standards) is hereby amended as follows:
1000.6 FENCES: Fences shall be permitted in all yards subject to the following:
G. Residential District Fences: All residential fences shall be placed within the
property being fenced.
1. Fences not more than six feet (6') in height may be erected alongside and
onrear property lines, provided such fences do not extend forward of the
principal structure. In the case of a side yard on a corner lot that abuts a
street, a minimum fence setback of twenty feet (20') shall be maintained
for all fences exceeding forty eight inches (48”) in height. (See diagram
7.A of this section.)
2. Should the rear lot line of a corner lot be common with the side lot line of
an abutting lot, a minimum twenty foot (20') side yard setback must be
maintained on the corner lot for all fences exceeding forty eight inches
(48”) in height. (See diagram 7.B of this section.)
3. The required screening provisions for residential districts shall supersede,
where applicable, the provisions of this section.
4. All posts or similar supporting instruments used in the construction of
fences shall be faced inward toward the property being fenced.
5. All fences shall not obstruct natural drainage.
Agenda Page 137
City of Albertville
Ordinance No. 2013-07
Meeting of August 5, 2013
Page 2
6. Fences extending across required front yards or a required side yard which
abuts a street on a corner lot shall not exceed forty eight inches (48”) in
height, shall be at least seventy five percent (75%) open space for passage
of air and light, shall not be constructed of chain link, and shall maintain
the traffic visibility requirements of section 1000.8 of this chapter.
Section 2. Section 1000.5 (Swimming Pools and Hot Tubs) of Chapter 1000 (General Building
and Performance Standards) is hereby amended as follows:
1000.5 SWIMMING POOLS AND HOT TUBS:
C. Single-Family Or Two-Family Dwelling Pools:
3. Fences Or Enclosures To Restrict Access: All swimming pools for which
a building permit is required shall be provided with safeguards to prevent
children from gaining uncontrolled access. This can be accomplished with
fencing or other enclosure, or any combination thereof, of sufficient
density as to be impenetrable.
a. If fences are employed, they shall be at least five feet (5') in height for
in ground pools, and at least four feet (4’) in height for above-ground
pools. The bottoms of the fences shall not be more than four inches
(4") from the ground. Fences shall be of a noncorrosive material and
shall be constructed as to be not easily climbable (chain link fences
must be vinyl coated with slats for screening). All fence openings or
points of entry into the pool enclosure shall be equipped with gates or
doors. All gates or doors to swimming pools shall be equipped with
self-closing and self-latching devices placed at a height not lower than
forty eight inches (48"), so as to be inaccessible to all small children.
Prior to filling the pool, the approved fence and/or screen must be
completely in place and inspected and approved by the City Building
Official.
D. Multiple-Family Dwellings, Clubs and Organizations: For private swimming
pools which are intended for and used by the occupants of a multiple-family
dwelling and the guests of the occupants, or for private and public clubs and
organizations, the following regulations shall be met in addition to those listed for
single- and two-family dwellings provided in subsection C of this section:
Agenda Page 138
City of Albertville
Ordinance No. 2013-07
Meeting of August 5, 2013
Page 3
3. The pool area shall be adequately fenced to prevent uncontrolled access
from the street or adjacent property. Fences shall be at least five feet (5') in
height for in ground pools, and at least four feet (4’) in height for above
ground pools. The bottoms of the fences shall not be more than four inches
(4") from the ground. Fences shall be of a noncorrosive material and shall
be constructed as to be not easily climbable (chain link fences must be
vinyl coated with slats for screening). All fence openings or points of
entry into the pool enclosure shall be equipped with gates or doors. All
gates or doors to swimming pools shall be equipped with self-closing and
self-latching devices placed at a height not lower than forty eight inches
(48") so as to be inaccessible to all small children. Prior to filling the pool,
the approved fence or enclosure must be completely in place and inspected
and approved by the City Building Official. Adequate screening,
including, but not limited to, landscaping, shall be placed between the pool
area and adjacent lot lines.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this 5th day of August 2013.
_______________________________
Jillian Hendrickson, Mayor
______________________________
Kimberly A. Olson, City Clerk
Agenda Page 139
City Administrator’s Update
August 1, 2013
GENERAL ADMINISTRATION
5964 Main Avenue NE Lease: Staff has met with two general contractors to review the needed
improvements to the building. Both companies provided very useful information and
construction budgets. Both budgets received show costs to be higher than originally estimated
by the Soccer Association’s architect. Staff has met with sub-contractors for all the major trade
items individually and has received separate quotes for the various trade items. Based on these
quotes and through discussions with the contractors, it is believed it would be best if the City
acts as the General Contractor and contracts with a company to serve as a Construction
Manager. Under this arrangement, the Construction Manager will coordinate and oversee
construction and the City will be the responsible party in each individual contract with the
various trade contractors. Staff has requested a proposal for construction management
services from Bainey Construction Services as well as two quotes from all sub-contractors. We
hope to have quotes in-hand by Friday, August 2, to review and present to the Council on
August 5 for discussion.
Guardian Angels: The Guardian Angels project will be the predominate agenda item(s) for the
meeting on August 5. The Guardian Angels team has worked very hard to package and move
the project forward and staff thanks them for all their cooperation and dedication to the
project.
Public Building Interconnect: We have quotes to install the hard connects between buildings
and are waiting on pricing of the internal components necessary to complete the replacement
of the point-to-point antennas. We expect to present this project to the Council at the second
meeting in August, which would allow for installation in the fall.
Recycling: For the first time known to staff, the City of Albertville reached Wright County’s
recycling goal of at least 43 pounds per household per month to receive an additional $10 per
ton in grant funds. For the second quarter of 2013, the City averaged 44.14 pounds per
household per month. The additional funds received from the grant for reaching this goal in
the second quarter is $1,481.10.
Code Enforcement: The number of code complaints remained steady. Staff has developed
procedures to handle and track the complaints as they are received. Over 100 weed/long grass
letters have been sent out this season. Kim has been in charge of overseeing the City’s code
enforcement polices and has done a great job.
STMA Arena: This week staff met with the consultants working on the roof issues. The
consultants have reviewed multiple improvement options and have concluded that to fix the
problem completely, a new dehumidification system and new roof insulation are necessary.
Agenda Page 140
City Administrator’s Update Page 2 of 3 August 1, 2013
Combined, these items are very expensive and will be difficult to fund. However, the
consultants believe that dehumidification alone will provide a great deal of benefit to the
building. The consultants will present the report to the Arena Board on August 12th.
El Bamba Mexican Restaurant: The new restaurant, El Bamba, located at the old
Carbone’s/Jimmy’s Pizza site is anticipating opening in mid-August. Currently the building is
undergoing numerous upgrades inside and out.
I-94 Coalition: The past few weeks have been very busy for the coalition. Most recently,
coalition representatives met with Governor Dayton, testified at MnSHIP public hearings, and
delivered resolutions of support from numerous cities to the Commissioner of Transportation.
The coalition has received a great deal of support from Representative Fitzsimmons, Senator
Kiffmeyer, Representative Bachmann, and many significant businesses dependant on I-94.
Recent meetings with the governor have been very positive and it is believed the governor is
committed to improving the I-94 West corridor.
Cell phones and iPads: Staff is reviewing cellular service provider options. The current contract
has expired and it appears a new service plan, likely with Sprint, will provide a small annual
savings. Staff has also received pricing for iPads, should the Council desire to pursue purchasing
for Council use. Staff believes iPads with wifi, and no data plan, would be in the best interest of
the City and staff will discuss options further with the Council at the meeting on August 5. Tina
has done a great job researching options and finding low cost options for both cell phones and
iPads.
ENGINEERING/PUBLIC WORKS
Parking Lot Maintenance: Staff has requested quotes for seal coating the City Hall and Fire Hall
parking lots. We anticipate having quotes in-hand by August 5 for City Council review and
consideration.
MSAS: Staff is working to complete the annual MSA “Needs” updating and reporting. Like
many cities, Albertville’s Needs are expected to change due to revisions of the State-Aid
program. The City’s annual allotment is based on the reported Needs, which have historically
provided an annual apportionment of approximately $290,000.
2013 Street, Trails, and Utility Improvement Project: Work on the CSAH 18 watermain
crossing is expected to be completed the week of the August 5. It is anticipated that work on
the residential streets and paving of the Four Seasons trail will begin the week of the August 5.
The second resident notice was mailed this week. I am waiting on change order pricing to
improve the Four Seasons parking lot.
WB I-94 C-D Road: Over the past few weeks, the contractor has completed the majority of
punchlist items. The main items still outstanding are the revisions to the new CSAH 19 signal,
which will be completed once the new mast arm is delivered.
Agenda Page 141
City Administrator’s Update Page 3 of 3 August 1, 2013
Vehicle Lift: The new vehicle lift was recently installed at the Public Works Garage. Staff will
submit the necessary documents to receive the grant funds.
Wetland Issues: We have received several calls concerning non-permitted wetland activity
occurring in buffers and wetlands. Multiple letters have been mailed noticing property owners
of the illegal activity and requiring corrections. Public Works is also in the process of replacing
and adjusting wetland demarcation at several locations in the Albert Villas neighborhood.
Fraser Steel: It is understood the expansion project is progressing well. The primary structure
is standing and crews are working to complete the roof. Water and sewer services have been
installed and crews will soon be prepping the parking and driveway areas.
UPCOMING EVENTS and ANNOUNCEMENTS
• August 9 - 5:30 p.m. – St. Michael Bowling Challenge at River Lanes
• August 12 - Budget Workshop Session #1 (following Arena Board meeting)
Agenda Page 142