2017-10-02 CC Agenda Packet- Reduced
City of Albertville Council Agenda
Monday, October 2, 2017
City Council Chambers
7:00 p.m.
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public
Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes.
P:\City Council\Council Agendas\2017 Agenda Packets\2017-10-02 CC Agenda.docx
Meeting Date: October 2, 2017
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 September 18, 2017 regular City Council meeting minutes as presented
(pgs 5-10)
B. Authorize the Monday, October 2, 2017 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)
C. Approve the Summary Ordinance 2017-07 for publication relating to establishing
charges for emergency response services (pg 12)
D. Adopt Ordinance No. 2017-08 Amending the Albertville City Code to Include New
Water Meter Fees in Title 3, Chapter 1, Section 3 City Fees, Fines and Rates Schedule
(pgs 13-15)
E. Accept 3rd Quarter Budget to Actual Report – Un-audited (pgs 16-18)
F. Accept 3rd Quarter Accounts Receivable Report (pgs 19-22)
G. Approve the On-Sale Intoxicating Liquor and Sunday Sale Licenses for He Qi Inc. for
the premises located at 6730 Laketowne Place NE contingent upon receipt of workers
compensation and liquor liability insurance, receipt of complete application materials,
successful results of background checks, payment of the liquor license fee, and
compliance with all building and fire codes (pgs 23-24)
Agenda Page 1
City of Albertville Council Agenda
Monday, October 2, 2017 Page 2 of 4
P:\City Council\Council Agendas\2017 Agenda Packets\2017-10-02 CC Agenda.docx
Meeting Date: October 2, 2017
7. Department Business
A. Planning/Zoning
1). Zoning Ordinance Amendment to Allow for Sports Training Facilities in
Industrial Districts and Conditional Use Permit Application from Nextex
Properties and Shooting Stars Gymnastics at 5548 Barthel Industrial Drive,
Suite 400 in Albertville, Minnesota (pgs 25-31)
(Motion to adopt Ordinance No. 2017-09 amending the I-1 and I-2 Zoning
District to allow sports training facilities by conditional use permit.)
(Motion to approve Resolution No. 2017-033 approving a Conditional Use
Permit for Shooting Stars Gymnastics located at 5548 Barthel Industrial Drive,
Suite 400.)
2). Towne Lakes 7th Addition Preliminary and Final Plat PUD (pgs 32-72)
(Motion to adopt Resolution No. 2017-034 approving Towne Lakes 7th Addition
Preliminary Plat, Final Plat, and PUD Amendment.)
(Motion to Approve the Conditional Use /Planned Unit Development Agreement
for Towne Lakes 7th Addition.)
3). Hunters Pass 3rd Addition Preliminary and Final Plat And Planned Unit
Development Amendment (pgs 73-113)
(Motion to adopt Resolution No. 2017-035Hunters Pass Third Addition
preliminary and final plat and planned unit development (PUD) amendment.)
(Motion to Approve the Conditional Use /Planned Unit Development
Agreement for Hunters Lake Estates.)
4). Mall of Entertainment AUAR (pgs 114-150)
(Motion to approve Resolution No. 2017-036approving responses to the AUAR
comments and objectives and amendments to the AUAR document for the
distribution to commenting agencies and EQB. Set a date for the second meeting
in November to adopt the final document.)
5). STMA Ice Arena Expansion (pgs 151-180)
(Motion to adopt Ordinance Number 2017-10 changing the zoning on the Ice
Arena site from B-3 to PUD.)
(Motion to approve Resolution Number 2017-037 approving the Subdivision /
lot line adjustment creating two new lots for the Ice Arena.)
(Motion to approve Resolution Number 2017-038 approving the Site and
Building Plans for the STMA Ice Arena Expansion.)
Agenda Page 2
City of Albertville Council Agenda
Monday, October 2, 2017 Page 3 of 4
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Meeting Date: October 2, 2017
8. Public Hearings
A. Easement Vacation for Towne Lakes 7th Addition (pgs 181-182)
• Presentation of Easement Vacation
• Open Public Hearing
• Call for Comments
• Motion to Close Public Hearing
• Motion To Approve Resolution 2017-031 Vacating Portions Of Drainage And
Utility Easements In Towne Lakes 5th Addition And Towne Lakes 6th Addition
Within The City Of Albertville
B. Easement Vacation for STMA Ice Arena Expansion (pg 183)
• Presentation of Easement Vacation
• Open Public Hearing
• Call for Comments
• Motion to Close Public Hearing
• Motion to Approve Resolution 2017-032 Vacating All Drainage And Utility
Easements In Lot 1, Block 1, Barthel Commercial Park 2nd Addition And Lot 1,
Block 1, Barthel Commercial Park 3rd Addition Within The City Of Albertville
C. City Council
1). Committee Updates - Recent Meetings:
• Joint Powers Water Board – Sept. 25
• Parks Committee – Sept. 25
• FYCC – Sept. 29
D. Fire – None
E. Finance – None
F. City Clerk – None
G. Public Works/Engineering – None
H. Building – None
I. Legal - None
J. Administration
1). City Administrator’s Update (pgs 184-85)
Agenda Page 3
City of Albertville Council Agenda
Monday, October 2, 2017 Page 4 of 4
P:\City Council\Council Agendas\2017 Agenda Packets\2017-10-02 CC Agenda.docx
Meeting Date: October 2, 2017
9. Announcements and/or Upcoming Meetings
October 9 STMA Ice Arena Board, 6:00 p.m.
October 10 Planning Commission, 7:00 p.m.
October 16 City Council, 7:00 p.m.
October 23 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 8:00 p.m.
October 30 Joint Governance Meeting, 6;00 p.m.
November 6 City Council, 7:000 p.m.
November 9 City Hall Closed, Observance of Veterans Day
November 13 STMA Ice Arena Board, 6:00 p.m.
November 14 Planning Commission, 7:00 p.m.
November 20 City Council, 7:00p.m.
November 23 City Hall/Public Works Closed, Thanksgiving
November 27 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 8:00 p.m.
OCTOBER
NOVEMBER
Su M Tu W Th F Sa
Su M Tu W Th F Sa
1 CC 2 3 FAC4 5 6 7
1 2 3 4
8 Ice 9 PC10 11 12 13 14
5 CC 6 7 8 H 9 10 11
15 CC 16 17 18 19 20 21
12
Ice
13
PC
14 15 16 17 18
22 JP23PK 24 25 26 27 28
19 CC 20 21 22
H
23
H
24 25
29 JM 30 31
26 JP 27 28 29 30
10. Adjournment
Agenda Page 4
Page 1
ALBERTVILLE CITY COUNCIL
Monday, September 18, 2017
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:03 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Council members Cocking, Hudson, Olson and Vetsch
Absent: None
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner
Alan Brixius, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont,
Water/Wastewater Supervisor John Middendorf and City Clerk Kimberly Hodena
Others Present: Seth Peterson and Jeff Weyandt
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS – None
4. PUBLIC FORUM
There was no one present for the forum.
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 September 5, 2017 regular City Council meeting minutes as presented
B. Authorize the Monday, September 18, 2017 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
C. Approve a Major Temporary Outdoor Music Permit for the 152 Club, Inc. for September
30, 2017 located at 5794 Main Avenue NE
Agenda Page 5
City Council Meeting Minutes Page 2
Regular Meeting of September 18, 2017
Motioned by Olson, seconded by Cocking, to approve the Consent Agenda as presented. Ayes:
Hendrickson, Cocking, Hudson, and Olson. Nays: None. Absent: Vetsch. MOTION
DECLARED CARRIED.
7. Public Hearings
A. Wastewater Treatment Facility Plan
Seth Peterson and Jeff Weyandt from Bolton and Menk Inc. were present at the meeting.
Council member Vetsch arrived at 7:06 p.m.
Nafstad reported that prior to the renewal of the NPDES permit for the City’s wastewater treatment
facility, the City will need to meet new and more stringent discharge limits for phosphorous. The
City has until 2021 to make the improvements to the facility, but the facility plan outlines the options
that the City can pursue to meet the new limits:
1A: Maintain Current Discharge with Sand Filtration
1B: Maintain Current Discharge with Membrane Filters
2: Relocate Discharge to the Mud Lake Outlet
3: Relocate Discharge to Mississippi River
Nafstad explained that the facility plan is used as a planning document. He stated that having a
facility plan helps when seeking funding for improvements. Peterson explained the plan looks
twenty years out and they believe the population could be at 8,769. Peterson reported that Mud Lake
is considered an impaired water body. The most economical option is Option 3 to discharge to the
Mississippi River and would run approximately $8 million dollars. Peterson explained that there
will also be new MPCA limits for chlorine and the City would need to look at desalination or “lime-
softening” with Options 1A, 1B and 2, which can be very expensive. Peterson reported that the
recommendation from Bolton & Menk, Inc. is Option 3.
Nafstad explained that a lake study would need to be conducted to determine changes to both lakes
in the area. He stated the MPCA is not opposed to Option 3 and Albertville will need to work
closely with Otsego on right-of-way and land purchases.
Peterson presented ways to fund the improvements to the facility and explained the difference
between bonding for the project and using a PFA loan. He stated they would hope the project can
get on the State’s 2018 funding list. Nafstad stated they would like to make the improvements
either before or the same time as the road improvements scheduled for CSAH 19 and 70th Street NE,
which would be in 2019.
Motioned by Vetsch, seconded by Cocking, to open the public hearing. Ayes: Hendrickson,
Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED
CARRIED.
Mayor Hendrickson called for public comment. There was no public comment made.
Agenda Page 6
City Council Meeting Minutes Page 3
Regular Meeting of September 18, 2017
Motioned by Hudson, seconded by Olson, to close the public hearing. Ayes: Hendrickson,
Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED
CARRIED.
Lannes explained funding for the improvements has to come from rates. Improvements cannot be
paid for with the general levy; however, the City can bond for the project. Cocking inquired how
much SAC money is available; he would like to buy down at least a quarter of any rate increases.
Nafstad replied that it goes up and down based on development, but historically approximately
$80,000 goes into the SAC fund annually.
Hendrickson inquired since the force main for Option 3 would be placed in County right-of-way,
what happens if there is a break somewhere in the line. Nafstad replied that Albertville would be
responsible to correct any damage and fund the repair.
Cocking asked if this addresses a long term solution and what the life expectancy is with Option 3.
Peterson replied that it is a long term solution considering the size of the Mississippi River. He
anticipates life expectancy of the infrastructure is at least 60 years.
Olson inquired when the financing plan needs to be in place and what happens if the City does not
have it in place in time to meet the needed improvements. Peterson replied ideally it should be in
place by September 2018 and if it is not, they will need to consider other options. Nafstad stated that
if there are obstacles with the lake study, they will have to regroup and Cocking felt there is no other
option as they must meet the effluent limits. Peterson mentioned that it is a competitive list to
receive State grant funds and it is important the legislature fund programs. He did state the MPCA
would not allow treating the lake or discharging to the Crow River. Hendrickson inquired if there
will be even more stringent effluent limits in the future and Peterson stated yes and noted nitrogen
levels be a likely one. However, it is beneficial that the water body in Option 3 is a river and not a
lake.
Motioned by Hudson, seconded by Cocking, to approve Resolution No. 2017-028 approving the
Wastewater Treatment Facility Plan. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch.
Nays: None. Absent: None. MOTION DECLARED CARRIED.
8. Department Business
A. Public Works/Engineering
1). Wastewater Treatment Facility Design Proposal
Nafstad reported the proposal before Council is to authorize the tasks necessary to begin the
following engineering and design for the wastewater treatment facility improvements:
• Task 1 – Lake Study
• Task 2 – Preliminary Design
• Task 3 – Agency Coordination
• Task 4 – WWTF Improvements
Agenda Page 7
City Council Meeting Minutes Page 4
Regular Meeting of September 18, 2017
Hendrickson was concerned about approving all tasks listed in the proposal. She felt that if there are
issues that arise from results of Task 1, the lake study, the other tasks may not be needed. Cocking
stated that the City will need to meet the effluent limits regardless of the impact on the lake. He felt
it will be essential to move forward, otherwise they will not receive the necessary permits to operate
the wastewater treatment facility. Hendrickson stated that she would like the opportunity to re-
assess depending on the results of the lake study. Vetsch suggested review of historical aerials of the
lake levels. Peterson replied the work will also include an Environmental Assessment Worksheet
(EAW). Hudson inquired about the order that the tasks will be completed and Nafstad replied that
Tasks 1-3 will occur simultaneously. Peterson stated the lake study should be completed within a
month once the proposal is approved. Hudson, Cocking and Vetsch were okay with the proposal and
motion as drafted.
Motioned by Olson, seconded by Cocking, to authorize the preliminary design budget of $502,919
for design of improvements to the City’s wastewater treatment facility, including upgrades to the
pretreatment building, UV system replacement and an additional sludge storage tank,
construction of a lift station to convey treated wastewater from the City’s wastewater treatment
facility to the Mississippi River, and related force main and gravity sewer and appurtenances for
conveyance of the treated wastewater discharge, as detailed in the September 12, 2017 proposal
from Bolton & Menk, Inc. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays:
None. Absent: None. MOTION DECLARED CARRIED.
B. City Council
1). Committee Updates / Recent Meetings:
STMA Ice Arena Board – Sept. 11
Hudson had reported at the previous update that the STMA Ice Arena second sheet joint powers
agreement had been influx, but he reported that he believes it has been resolved. Assurances were
made at the last arena board meeting that future capital expenditures in excess of budgeted capital
would be discussed and this will be a topic at the Joint Governance meeting between Albertville, St.
Michael, and STMA School Board.
Planning Commission – Sept. 12
Brixius reported the STMA Ice Arena Expansion site and building plans will be presented at the next
City Council meeting.
Washington D.C. Trip
Hendrickson, Olson and Nafstad gave a report on their trip to Washington D.C. with lobbying group
Lockridge, Grindal Nauen PLLP. They reported they had a large group with members from I-94
Coalition, City of Maple Grove, City of St. Michael, etc. The large group met with Senators
Franken and Klobuchar and Representatives Emmer, Paulson, and Nolan on transportation funding.
They reported that by having such a large group present and active, they hope it will help with both
federal and state funding. Nafstad reported that there is a meeting with Senator Kiffmeyer and the I-
94 Coalition at MN Dot on September 29.
Agenda Page 8
City Council Meeting Minutes Page 5
Regular Meeting of September 18, 2017
C. Planning/Zoning
1). Albertville Economic Development: Shred-N-Go
Brixius reported that Shred-N-Go has come back with a new size and orientation of their proposed
building from their earlier 2016 proposal. They would like the building to back up to the south
property line rather than to the east lot line. They would be interested in working with a contiguous
property owner to purchase their parcel to combine lots for a bigger site. Brixius reviewed the
applicant’s obligations if the City were to provide financial assistance. In exchange, the City would
provide the 1.7 acre lot for $1, create a tax increment financing (TIF) district, provide the option for
an assessment agreement to assist with payment of SAC/WAC charges, and allow access for soil
borings.
Vetsch inquired about water usage and odor generation. Nafstad replied there was no water used in
their paper process and there will be no odors outside of the building.
Motioned by Cocking, seconded by Olson, to approve the August 29, 2017 letter proposal to
Shred-N-Go and grant authorization to pursue the next steps in development. Ayes: Hendrickson,
Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED
CARRIED.
2). Voight Special Home Occupation
Brixius reported that the Voight’s are still operating a window tinting business out of the home
located at 5217 Kalenda Court NE. He conducted a site inspection and spoke with the owners about
the need for a special home occupation permit as the business is not allowed without a permit. He
indicated the possible conditions that may be part of the permit if approved. Brixius stated staff is
seeking Council feedback on issuance of the permit with the following conditions:
• Window tinting shall be conducted in the garage with the door closed
• All customers must wait within the garage or home
• No on-street parking; all parking must be located in the driveway
• Hours shall be 8:00 a.m. to 7:00 p.m. on weekdays; no weekends
• No employees other than Cory and Janice Voight
• Service must be by appointment
Cocking inquired what happens if the owners do not agree to the conditions and do not sign the
permit. Couri replied that the next step is to seek a court order to cease operations and possible
heavy fines, etc. Hudson felt the occupation is not allowed and it is the favor of the Council to allow
such special occupations to occur. Olson felt that the City has been more than fair in this process.
Hendrickson asked if the permit could be revoked and Brixius replied that it could for violation of
any of the outlined conditions. Council was supportive with staff issuing the permit with the
conditions outlined.
D. Finance
1). 2018 Preliminary Property Tax Levy and Budget
Lannes reported the proposed levy has an increase of 2.89% and that was with reducing capital by
$7,000. She stated that the final budget will need to be approved at the first meeting in December
Agenda Page 9
City Council Meeting Minutes Page 6
Regular Meeting of September 18, 2017
and that will be after the Council holds the Truth-in-Taxation hearing for the public. Council has the
authority to lower the levy percentage but not increase it.
Motioned by Olson, seconded by Hudson, to approve Resolution No. 2017-029 adopting the 2018
Preliminary Property Tax Levy. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays:
None. Absent: None. MOTION DECLARED CARRIED.
Motioned by Cocking, seconded by Vetsch, to approve Resolution No. 2017-030 adopting the 2018
Preliminary Budget. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None.
Absent: None. MOTION DECLARED CARRIED.
E. Fire - None
F. City Clerk – None
G. Building – None
H. Legal – None
I. Administration - None
9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS
September 25 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 8:00 p.m.
October 2 City Council, 7:00 p.m.
October 4 Fire Advisory Committee, 6:00 p.m.
October 9 STMA Ice Arena Board, 6:00 p.m.
October 10 Planning Commission, 7:00 p.m.
October 16 City Council, 7:00 p.m.
October 23 Joint Powers Water Board, 6:00 p.m.
October 30 Joint Governance Meeting, TBD
10. ADJOURNMENT
Motioned by Vetsch, seconded by Hudson, to adjourn the meeting at 9:18 p.m. Ayes:
Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 10
Mayor and Council Request for Action
P:\City Council\Council Packet Information\2017\100216\2017-10-02 Finance Bills Report (RCA).docx
Meeting Date: October 2, 2017
September 28, 2017
SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, October 2, 2017 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
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 2017-07
A SUMMARY ORDINANCE ESTABLISHING CHARGES FOR
EMERGENCY RESPONSE SERVICES
NOTICE IS HEREBY GIVEN that on September 5, 2017, Ordinance No. 2017-
01 establishing user charges for emergency response services was adopted by the City
Council of Albertville, MN. Due to the length of the ordinance, the following summary
ordinance has been prepared for publication. The full ordinance is available for public
review at Albertville City Hall at 5959 Main Avenue NE.
NOTICE IS FURTHER GIVEN that the adopted ordinance amends Title 3,
Chapter 5, Section 2 of the Albertville City Code and includes the following components:
• Updated definitions
• Identifies emergency responses that shall incur user charges for services
• Establishment of an appeal process
• Revision of fire watch and preventative fire watch language
• Updated definition of alarm system
This ordinance has been adopted for the purpose of authorizing the City of Albertville to
establish and charge user service charges for Emergency Services to recover fees to
reimburse any mutual aid partners that respond to authorized incidents in the City of
Albertville. This Ordinance shall take effect upon its passage and publication.
Adopted by the Albertville City Council on the 5th day of September 2017.
/s/
Kimberly A. Hodena
City Clerk
Publication Date: October 12, 2017
Agenda Page 12
P:\City Council\Council Packet Information\2017\100216\2017-10-02 Water Meter Fees RCA.docx
Meeting Date: October 2, 2017
Mayor and Council Request for Action
_____________________________________________________________________________
September 28, 2017
SUBJECT: CONSENT – UTILITIES – APPROVE NEW WATER METER FEES FOR INCLUSION IN
THE TITLE 3, CHAPTER 1, SECTION 3 CITY FEES, FINES AND RATES SCHEDULE OF
THE ALBERTVILLE CITY CODE
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Adopt Ordinance No. 2017-08 Amending the Albertville City Code to Include
New Water Meter Fees in Title 3, Chapter 1, Section 3 City Fees, Fines and Rates Schedule.
BACKGROUND: In January 2017, the City amended the Albertville City Code to include all
fees, rates, and fines to be located in one place in the Code Book and to be changed by ordinance
rather than resolution. Since that time, the cost to the City for new water meters has increased.
Below is a summary of the changes:
Water Meter Size Previous Price New Price % of Increase
5/8” x 3/4” $310.00 $340.00 9.6%
1” $440.00 $500.00 13.6%
1 ½” Flanged T10 $710.00 $860.00 21.1%
1 ½” Flanged Turbine $800.00 $1100.00 37.5%
2” Flanged T10 $930.00 $1040.00 11.8%
2” Flanged Turbine $860.00 $1140.00 32.5%
KEY ISSUES:
• The new pricing reflects the actual increased cost to the City for purchase of the water
meters.
• Increased costs result from the need for additional brass and valves due to the recent
ultra-low lead rule passed in the last several years.
• The change in fee should be adopted in the City Code for the City to properly charge the
new fees. The ordinance will go into effect upon publication.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have to authority
to amend the City Code and set fees as necessary.
FINANCIAL CONSIDERATIONS: The fee adjustment covers the City’s cost to purchase the
meters. The fee is passed onto the developer or permit holder at the time of building permit
application.
Agenda Page 13
Mayor and Council Request for Action – October 2, 2017
Water Meter Fee Adjustment Page 2 of 2
P:\City Council\Council Packet Information\2017\100216\2017-10-02 Water Meter Fees RCA.docx
Meeting Date: October 2, 2017
Responsible Person/Title: John Middendorf, Water/Wastewater Supervisor
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Ordinance No. 2017-08
Agenda Page 14
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2017-008
AN ORDINANCE AMENDING TITLE 3,
CHAPTER 1, SECTION 3, CITY FEES, FINES
AND RATES FOR WATER METER FEES
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Title 3, Chapter 1, Section 3 – City Fees, Fines and Rates is hereby
amended to repeal the language stricken and add the underlined language as
follows:
9-2-5B Water meter - residential 310 .00 340.00
Water meter - 1" 440 .00 500.00
Water meter - 1.5" T10 710 .00 860.00
Water meter - 1.5" turbine 800 .00 1100.00
Water meter – 2” turbine 860.00 1140.00
Water meter - 2" T10 930 .00 1040.00
This ordinance shall be in full force and effective immediately following its
passage and publication.
Adopted by the Albertville City Council this 2nd day of October 2017.
_____________________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 15
Mayor and Council Communication
P:\City Council\Council Packet Information\2017\100216\100217 3rd Quarter 2017 Budget to Actual RCA.docx
Meeting Date: October 2, 2017
September 25, 2017
SUBJECT: CONSENT - FINANCE - 3RD QUARTER BUDGET TO ACTUAL REPORT – UN-AUDITED
3rd QUARTER BUDGET TO ACTUAL: Attached is the 3rd Quarter 2017 un-audited General
Fund summaries of revenues and expenditures. Revenues should be at 60% and expenditures
should be at 75%. This summary shows operating revenues are at 58.25% and operating
expenses are at 65.36%.
VARIANCES:
Revenue:
• Property Taxes and LGA - Second half not received December
• Police Aid – Not received until October
• Fire Aid – Not received until October
• Interest Earnings – Interest on Investments are not allocated until December
• Other Revenues – received rebate from League of MN Cities for Workers Comp
insurance for $6,130
• Building permits include Accorde Orthodontists and Albertville Primary School.
Expenditures:
• Capital Fund - 2017 street project
• City Hall/Fire Department/Public Works – League of MN Cities insurance renewal is
October 1st premiums paid usually in December
• Finance –Administrative Assistant position has not been filled
Responsible Person/Department: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachment: 2017 Budget to Actual
Agenda Page 16
Mayor and Council Communication – October 2, 2017
FINANCE – 3rd Quarter Report
Page 2 of 3
P:\City Council\Council Packet Information\2017\100216\100217 3rd Quarter 2017 Budget to Actual RCA.docx
Meeting Date: October 2, 2017
2017 Council Update
General Fund Operations
General Fund Revenue:
2017
Budget
2017
Actual
09/22/17
Ytd %
Budget
31010 Current Ad Valorem Taxes 1,876,761 $970,437 51.71%
32100 Business Licenses & Permits 27,000 $22,513 83.38%
32110 Liquor Licenses 29,500 $33,556 113.75%
32120 3.2 Liquor Licenses 75 $0 0.00%
32150 Sign Permits 1,200 $385 32.08%
32210 Building Permits 85,917 $143,591 167.13%
32240 Animal Licenses 700 $580 82.86%
33401 LGA Revenue expected 92,181 $46,089 50.00%
33405 Police Aid 33,000 $0 0.00%
33406 Fire Aid 61,000 $0 0.00%
33422 Other State Aid Grants 11,000 $11,655 105.95%
34000 Charges for Services 3,000 $3,440 114.66%
34005 Engineering As Built Fee 3,000 $3,450 115.00%
34101 Leases - City Property 0 $2,652 0.00%
34103 Zoning & Subdivision Fees 2,000 $5,000 250.00%
34104 Plan Check Fee 40,000 $68,719 171.80%
34107 Title Searches 3,000 $2,600 86.67%
34113 Franchise Fee - Cable 72,000 $55,903 77.64%
34202 Fire Protection Contract Charges 274,646 $137,323 50.00%
34780 Rental Fees 10,000 $12,069 120.69%
34950 Other Revenues 8,000 $23,388 292.35%
34110 Arena 12,693 $9,451 74.46%
34112 Electric Franchise Fee 115,000 $67,263 58.49%
36210 Interest Earnings 20,000 $254 1.27%
Total Revenues 2,781,673 1,620,316 58.25%
Agenda Page 17
Mayor and Council Communication – October 2, 2017
FINANCE – 3rd Quarter Report
Page 3 of 3
P:\City Council\Council Packet Information\2017\100216\100217 3rd Quarter 2017 Budget to Actual RCA.docx
Meeting Date: October 2, 2017
General Fund Department
Expenditures:
2017
Budget
2017
Actual
09/22/17
Difference
16 to 17 %
41000 General Government 30,000 $37,975 126.58%
41100 Council 40,588 $30,518 75.19%
41300 Combined Administrator/Engineer 100,848 $66,530 65.97%
41400 City Clerk 102,049 $63,706 62.43%
41440 Elections 15,500 $1,584 10.22%
41500 Finance 121,522 $63,564 52.31%
41550 City Assessor 29,870 $28,821 96.49%
41600 City Attorney 40,000 $15,874 39.68%
41700 City Engineer 20,000 $24,989 124.94%
41800 Economic Development 6,000 $2,856 47.60%
41910 Planning & Zoning 41,507 $39,838 95.98%
41940 City Hall 150,128 $70,159 46.73%
42000 Fire Department 468,877 $263,039 56.10%
42110 Police 710,290 $532,717 75.00%
42400 Building Inspection 171,344 $124,709 72.78%
42700 Animal Control 6,000 $5,136 85.60%
43100 Public Works - Streets 293,578 $159,590 54.36%
45000 Culture & Recreation 71,811 $46,398 64.61%
45100 Parks & Recreation 278,331 $184,321 66.22%
43160 Electric street lights 83,431 $55,705 66.77%
Total Expenditures 2,781,673 1,818,031 65.36%
2017 Council Update
Capital Fund
Capital Reserve Fund Revenues
2017
Budget
2017
Actual
09/22/17
Ytd %
Budget
31010 Current Ad Valorem Taxes 986,429 $493,215 50.00%
2017 Council Update
Capital Fund
Capital Reserve Fund Expenditures
2017
Budget
2017
Actual
09/22/17
Ytd %
Budget
31010 Current Ad Valorem Taxes 986,429 $823,035 83.44%
Agenda Page 18
Mayor and Council Communication
P:\City Council\Council Packet Information\2017\100216\AR Monthly Report RCA1017.doc
Meeting Date: October 2, 2017
September 25, 2017
SUBJECT: CONSENT – FINANCE – ACCOUNTS RECEIVABLE REPORT
ACCOUNTS RECEIVABLE: Total accounts receivable outstanding through September 22,
2017 is $117,394.79.
The percentage of the total due based on the aging report is as follows:
0-30 days outstanding $87,430.86 74.48%
30-60 days outstanding $ 3,470.95 2.96%
60-90 days outstanding $12,181.40 10.38%
Over 90 days outstanding $14,311.58 12.19%
• The majority of the over 60 days outstanding are rental licenses and if they do not pay or
get into compliance by November 15, 2017 the amount will be assessed to the property.
PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review quarterly
financial reports.
FINANCIAL CONSIDERATIONS: There are no financial considerations at this time.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all financial matters.
Responsible Person/Department: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachment(s): Accounts Receivable Report
Agenda Page 19
Mayor and Council Communication – October 2, 2017
Finance – Accounts Receivable Report Page 2 of 4
P:\City Council\Council Packet Information\2017\100216\AR Monthly Report RCA1017.doc
Meeting Date: October 2, 2017
Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days &
Over
Robinson, Jennifer & Robert $200.00 $200.00
Rooker, Chris & Laura $450.00 $450.00
Ryan, Stuart $450.00 $450.00
Rykal, Jason $450.00 $450.00
Schulte, Cody & Kristi $450.00 $450.00
Short, Elliot Hendrickson $1,285.71 $1,285.71
Simpson, David & Jennifer $450.00 $450.00
Sokolowski, Jason $187.03 $187.03
Spencer, Jeff $450.00 $450.00
Stemler, Jay & Amy $450.00 $450.00
Stevens, Justin $450.00 $450.00
STMA United Soccer Club $5,806.09 $2,861.09 $2,945.00
STMAYHA $30,690.09 $253.84 $30,436.25
Sunrise Properties USA $450.00 $450.00
Toepfer, R.J. $450.00 $450.00
Triden, Carole $450.00 $450.00
Van Roy, Tiffany $450.00 $450.00
Vandelay Properties $450.00 $450.00
Verizon Wireless $2,040.17 $163.00 $1,805.93 $71.24
Voeller, Darrin $450.00 $450.00
Voight, Cory $200.00 $200.00
Von Eschen, Wade $450.00 $450.00
Walker, James $450.00 $450.00
Weldon, Matthew & Christa $450.00 $450.00
Ylioja, Jacob $450.00 $450.00
Total $84,441.50 $8,911.59 $5,058.08 $39,527.49 $30,944.34
Current 0-30 days $8,911.59 10.55%
30-60 days $5,058.08 5.99%
60-90 days $39,527.49 46.81%
over 90 day $30,944.34 36.65%
Agenda Page 20
Mayor and Council Communication – October 2, 2017
Finance – Accounts Receivable Report Page 3 of 4
P:\City Council\Council Packet Information\2017\100216\AR Monthly Report RCA1017.doc
Meeting Date: October 2, 2017
Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days &
Over
ACG PROPERTIES $923.81 $11.30 $462.51 $450.00
ALBERTVILLE MARKETPLACE
ASSOC $160.31 $160.31
ALBERTVILLE MARKETPLACE LLC $1,024.23 $329.53 $320.63 $374.07
ALBERTVILLE PHASE II, LLC $427.52 $427.52
ALBERTVILLE PHASE III, LLC $106.88 $106.88
ANDERSON, MICHAEL $923.81 $11.30 $462.51 $450.00
ARG $1,920.95 $1,920.95
BOITNOTT, CHAD & KIMBRA $923.81 $11.30 $462.51 $450.00
CARTERS STORE #761 $177.00 $177.00
COBORNS - ALBERTVILLE $1,328.60 $1,328.60
DDG PROPERTIES LLC $700.93 $219.99 $213.75 $267.19
FARRAND, LUCAS $923.81 $11.30 $462.51 $450.00
FYCC $202.76 $202.76
HENRIKSEN, LUCAS & ALISSA $923.81 $11.30 $462.51 $450.00
HPA BORROWER 2016 ML LLC $923.81 $11.30 $462.51 $450.00
HUBER, BECKY $923.81 $11.30 $462.51 $450.00
HUGHES, TERRANCE & LYNDA $762.38 $220.88 $215.53 $325.97
DRATZ, SCOTT & SHANNON $923.81 $11.30 $462.51 $450.00
LINDEKE, JULIA $475.00 $475.00
MAEYAERT, CHUCK & SHANNON $210.02 $3.34 $3.34 $203.34
MIDWEST HOCKEY PROGRAM $3,160.00 $3,160.00
MILLER, ELLEN & RONALD $923.81 $11.30 $462.51 $450.00
MINKLER, PAUL $923.81 $11.30 $462.51 $450.00
MOLD TECH, INC $106.88 $106.88
MORRELL, KRISTA & JACOB $923.81 $11.30 $462.51 $450.00
MUHICH, MITCHELL $923.81 $11.30 $462.51 $450.00
NATIONWIDE MUTUAL INS CO $358.76 $5.84 $2.92 $350.00
NEW DIRECTION IRA, INC $923.81 $11.30 $462.51 $450.00
NYSTROM, JOEL $458.79 $3.79 $455.00
OTSEGO, CITY OF $68,661.42 $68,661.42
PETERSON, CHRISTIAN & LAURA $107.77 $0.89 $106.88
PETTIE, KEVIN & DANYELL $207.22 $3.19 $3.19 $200.84
PURDHAM, JEFF & JESSICA $923.81 $11.30 $462.51 $450.00
ROBINSON, JENNIFER & ROBERT $206.68 $3.34 $3.34 $200.00
ROOKER, CHRIS & LAURA $923.81 $11.30 $462.51 $450.00
RYAN, STUART $923.81 $11.30 $462.51 $450.00
RYKAL, JASON $923.81 $11.30 $462.51 $450.00
SIMPSON, DAVID & JENNIFER $923.81 $11.30 $462.51 $450.00
Agenda Page 21
Mayor and Council Communication – October 2, 2017
Finance – Accounts Receivable Report Page 4 of 4
P:\City Council\Council Packet Information\2017\100216\AR Monthly Report RCA1017.doc
Meeting Date: October 2, 2017
Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days &
Over
SOKOLOWSKI, JASON $188.59 $1.56 $187.03
STATE FARM INS $475.00 $475.00
STMAYHA $12,000.00 $12,000.00
TAEGE, JANET $200.00 $200.00
TRIDEN, CAROLE $923.81 $11.30 $462.51 $450.00
VERIZON WIRELESS $2,116.13 $43.90 $32.06 $2,040.17
VOELLER, DARRIN $923.81 $11.30 $462.51 $450.00
VOIGHT, CORY $203.34 $3.34 $200.00
VON ESCHEN, WADE $923.81 $11.30 $462.51 $450.00
WALKER, JAMES $923.81 $11.30 $462.51 $450.00
WELDON, MATTHEW & CHRISTA $923.81 $11.30 $462.51 $450.00
WELLS FARGO - IA $200.00 $200.00
Total $117,394.79 $87,430.86 $3,470.95 $12,181.40 $14,311.58
Current 0-30 days $87,430.86 74.48%
30-60 days $3,470.95 2.96%
60-90 days $12,181.40 10.38%
over 90 day $14,311.58 12.19%
Agenda Page 22
P:\City Council\Council Packet Information\2017\100216\2017-10-02 Hana Liquor License.docx
Meeting Date: October 2, 2017
Mayor and Council Request for Action
_____________________________________________________________________________
September 28, 2017
SUBJECT: CONSENT - CITY CLERK – NEW LIQUOR LICENSE FOR HE QI INC. FOR THE
PREMISES LOCATED AT 6730 LAKETOWNE PLACE NE
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Approve the On-Sale Intoxicating Liquor and Sunday Sale Licenses for He Qi
Inc. for the premises located at 6730 Laketowne Place NE contingent upon receipt of workers
compensation and liquor liability insurance, receipt of complete application materials, successful
results of background checks, payment of the liquor license fee, and compliance with all building
and fire codes.
BACKGROUND: The City has received a new liquor license application for an On-Sale
Intoxicating Liquor License and Sunday Sale License for the previous Hana location at 6730
Laketowne Place NE. The applicants are Hui Wang and Yvette Yan Jiang. The applicants
anticipate Oct. 5 opening and will continue to do business as “Hana”.
Once the City approves the license, the licenses must be certified by the MN Alcohol and
Gambling Enforcement Division (MN AGED).
KEY ISSUES:
• The applicants must pay the appropriate fee for the liquor licenses.
• The applicants must have background checks completed and staff is waiting for those
results from the MN BCA and Wright County Sheriff’s Office.
• The applicants are working on obtaining the workers compensation and liquor liability
insurance certificates.
• There are no outstanding property taxes.
• There are no current building/fire code issues, but the new owner will need to obtain a
tenant occupancy permit.
• The licenses will be contingent upon meeting the above conditions.
• The applicants understand that liquor cannot be sold until their license is certified and
received from MN AGED.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and Council have the authority to
either approve or deny any liquor license application.
FINANCIAL CONSIDERATIONS: This license fee has not been paid. The annual cost for
the licenses is $3500.00. Since this is a mid-year application, City Code requires the license to
be pro-rated. The pro-rated amount for the new owner is $1,895.83 and the previous owner will
be refunded for the months the business was closed (late June through September) in the amount
of $947.93.
Agenda Page 23
Mayor and Council Request for Action – October 2, 2017
He Qi Inc. Liquor License Page 2 of 2
P:\City Council\Council Packet Information\2017\100216\2017-10-02 Hana Liquor License.docx
Meeting Date: October 2, 2017
Responsible Person/Title: Kimberly A. Hodena, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Agenda Page 24
Mayor and Council Request for Action
P:\City Council\Council Packet Information\2017\100216\Shooting Stars - 1 CUP RCA.docx
Meeting Date: October 2, 2017
September 28, 2017
SUBJECT: PLANNING – ZONING ORDINANCE AMENDMENT TO ALLOW FOR SPORTS
TRAINING FACILITIES IN INDUSTRIAL DISTRICTS AND CONDITIONAL USE PERMIT
APPLICATION FROM NEXTEX PROPERTIES AND SHOOTING STARS GYMNASTICS AT
5548 BARTHEL INDUSTRIAL DRIVE, SUITE 400 IN ALBERTVILLE, MINNESOTA.
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following.
MOTION TO: Adopt Ordinance No. 2017-09 amending the I-1 and I-2 Zoning District to allow
sports training facilities by conditional use permit.
MOTION TO: Approve Resolution No. 2017-033_ approving a Conditional Use Permit for
Shooting Stars Gymnastics located at 5548 Barthel Industrial Drive, Suite 400.
BACKGROUND: Nextex Properties, on behalf of Shooting Stars Gymnastics, has submitted an
application to amend the Zoning Ordinance to allow for sports training facilities in industrial
districts and for a Conditional Use Permit to allow Shooting Stars Gymnastics at 5548 Barthel
Industrial Drive, Suite 400.
Sports training facilities, gymnastics, volleyball, soccer, batting cages and alike have become
popular in industrial areas. These uses need large open floor areas and high ceiling clearance to
run training programs and matches. Cities have allowed these land uses into their industrial
zoning districts by conditional use permit to establish performance standards that protect the
industrial character of buildings or surrounding lots, while also anticipating the unique traits of a
sports training facility.
Upon receipt of the development application, City staff researched the ordinance language of
other cities to formulate a draft ordinance that would be appropriate for Albertville.
The Albertville Planning Commission held a public hearing, reviewed the Zoning Ordinance and
Conditional Use Permit applications, the Planning Report dated September 7, 2017, the Building
Inspector’s Assessment, and heard public testimony on September 12, 2017. At the close of the
public hearing, the Planning Commission recommended that the Albertville City Council
approve the Conditional Use Permit with the conditions outlined in the attached resolution and
amend the Zoning Ordinance as shown in the attached ordinance.
Along with a code amendment, Nextex Properties also requested the conditional use permit for
property located at 5548 Barthel Industrial Drive to allow them to retain Shooting Stars
Gymnastics as a tenant.
Agenda Page 25
Mayor and Council Request for Action – October 2, 2017
Shooting Stars Gymnastics Conditional Use Permit Page 2 of 2
P:\City Council\Council Packet Information\2017\100216\Shooting Stars - 1 CUP RCA.docx
Meeting Date: October 2, 2017
KEY ISSUES:
• In considering the introduction of a sports training facility in an industrial zoning district,
we must understand the range of uses and the operational characteristics of the industrial
zoning district. The conditional use permit must provide protections for the new use as
well as protections for other industrial uses to continue to operate in an unencumbered
manner.
• Definition of sports training facilities to distinguish this use from other, less desirable
uses.
• Building Code Compliance: The introduction of a sports training facility into an
industrial building will result in needed building changes related to Fire Code, exiting,
fire protection, air exchange, etc.
• Traffic Parking: Sports training facilities typically have different hours of operation,
traffic generation, and parking demands than other industrial uses. In this respect,
standards must be in place to accommodate this change of use.
POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice
was published and a public hearing held by the Planning Commission. They recommended the
City Council approve the Conditional Use Permit and Zoning Ordinance amendment.
FINANCIAL CONSIDERATIONS: The proposed ordinance change is consistent with the
City’s Comprehensive Plan policies to provide for a vital industrial opportunity.
LEGAL CONSIDERATIONS: In accordance with Council procedure, the Mayor and City
Council has the authority to approve or deny the Conditional Use Permit application and the
Zoning Ordinance amendment.
Responsible Person/Title: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator -PWD
Attachments: Planning Reports dated September 7, 2017
Building Inspector’s Assessment
Ordinance No. 2017-09
Resolution No. 2017-033
Agenda Page 26
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2017-09
AN ORDINANCE AMENDING THE CITY CODE APPENDIX A, ZONING
ORDINANCE, SECTION 200.2, DEFINITIONS RELATING TO SPORTS TRAINING
FACILITIES, SECTION 4600.4 RELATING TO CONDITIONAL USES
IN THE I-1 DISTRICT, AND SECTION 4700.5 RELATING TO CONDITIONAL USES
IN THE I-2 DISTRICT IN THE CITY OF ALBERTVILLE, MINNESOTA
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Chapter 200, Rules and Definitions, Section 200.2 Definitions, is hereby
amended to read as follows:
SPORTS TRAINING FACILITY: A private establishment, not open to the general public,
offering advanced appointment only individual or group athletic training programs for specific
sports and athletic activities often associated with athletic organizations, sport associations, and
schools, supervised by specialized coaches present for all training sessions and where
tournaments and competitions may be held.
SECTION 2. Chapter 4600 I-1 Limited Industrial District, Section 4600.4 Conditional Uses of
the Albertville City Code is hereby amended to read as follows:
The following are conditional uses in an I-1 district: (Requires a conditional use permit based
upon procedures set forth in and regulated by chapter 400 of this ordinance.)
Sports training facilities; provided that:
A. Daily occupancy, for training and scheduled sessions, may not exceed one person per 200
square feet of floor area. Occupancy during special events and tournaments may exceed
this standard by 50%.
B. The facility must meet all building and fire code requirements for the proposed use. The
facility has adequate parking for the use at the rate of one parking stall per 350 square
feet of the gross floor of the proposed building space.
C. All parking for the use is contained within the building’s designated parking area. Special
event, or tournament, parking shall be onsite or an adjoining site through an agreement
with adjoining property owners.
D. A traffic study may be required under any of the following conditions:
1. The use generates traffic beyond the estimated traffic of a manufacturing use of
equal size level and resulting in more than 100 trips in any peak hour.
Agenda Page 27
City of Albertville
Meeting of October 2, 2017
Ordinance No. 2017-09
Page 2
2. The city engineer determines that the site location, access, or traffic generation
may result in traffic conflicts, safety issues, or a reduction of the street service
level classification.
3. The conditional use permit must address all issues identified in the traffic study
and the property owner shall be responsible for costs associated with
improvements deemed necessary to mitigate traffic issues generated by the
proposed use.
E. The facility must have direct access from a collector street.
F. The City may impose limits on the hours of operation to reduce parking conflicts
SECTION 3. Chapter 4700 I-2 General Industrial District, Section 4700.5 Conditional Uses of
the Albertville City Code is hereby amended to read as follows:
The following are conditional uses in an I-2 district: (Requires a conditional use permit based
upon procedures set forth in and regulated by chapter 400 of this ordinance.)
All conditional uses as allowed in an I-1 district (section 4600.4 of this ordinance).
Sports training facilities; provided that:
A. Daily occupancy, for training and scheduled sessions, may not exceed one person per 200
square feet of floor area. Occupancy during special events and tournaments may exceed
this standard by 50%.
B. The facility must meet all building and fire code requirements for the proposed use. The
facility has adequate parking for the use at the rate of one parking stall per 350 square
feet of the gross floor of the proposed building space.
C. All parking for the use is contained within the building’s designated parking area. Special
event, or tournament, parking shall be onsite or an adjoining site through an agreement
with adjoining property owners.
D. A traffic study may be required under any of the following conditions:
1. The use generates traffic beyond the estimated traffic of a manufacturing use of
equal size level and resulting in more than 100 trips in any peak hour.
2. The city engineer determines that the site location, access, or traffic generation
may result in traffic conflicts, safety issues, or a reduction of the street service
level classification.
3. The conditional use permit must address all issues identified in the traffic study
and the property owner shall be responsible for costs associated with
improvements deemed necessary to mitigate traffic issues generated by the
proposed use.
Agenda Page 28
City of Albertville
Meeting of October 2, 2017
Ordinance No. 2017-09
Page 3
E. The facility must have direct access from a collector street.
F. The City may impose limits on the hours of operation to reduce parking conflicts
This amendment shall be in full force and effective immediately following its passage and
publication.
Approved by the Albertville City Council this 2nd day of October 2017.
___________________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 29
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2017-033
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR SHOOTING STARS GYMNASTICS LOCATED AT
5548 BARTHEL INDUSTRIAL DRIVE, SUITE 400 WITHIN THE
CITY OF ALBERTVILLE
WHEREAS, Nextex Properties on behalf of Shooting Stars Gymnastics has submitted an
application for a Conditional Use Permit and Zoning Ordinance amendment to allow for the
continued operation of Shooting Stars Gymnastics located at 5548 Barthel Industrial Drive, Suite
400; and
WHEREAS, City Staff has reviewed submitted plans and prepared a planning report
dated September 7, 2017, and the Building Inspector’s Assessment; and
WHEREAS, the Albertville Planning Commission met and held a public hearing on
September 12, 2017 to consider the conditional use permit request, the staff reports, and to take
public testimony, and upon closing the public hearing, the Planning Commission recommended
that the City Council approve the Conditional Use Permit; and
WHEREAS, the Albertville City Council met on September 21, 2017 to consider the
Conditional Use Permit application; and
WHEREAS, the Albertville City Council has received the aforementioned plans, staff
review documents, and the Planning Commission recommendation, and agrees with the findings
and recommendation of the Planning Commission.
NOW, THEREFORE BE IT RESOLVED that the City Council of Albertville,
Minnesota hereby approves the conditional use permit for Shooting Stars Gymnastics, subject to
the following conditions:
1. The Building Inspector must approve the space for the sports training facility, and no
occupation of the space shall take place before his approval.
2. The facility must meet all building and fire code requirements for the proposed use.
3. No tournaments, competitions, or events shall take place on weekdays.
4. All parking for the use must be contained within the building’s designated parking area.
Special event, or tournament, parking shall be onsite or an adjoining site through an
agreement with adjoining property owners.
Agenda Page 30
City of Albertville
Meeting of October 2, 2017
Resolution No. 2017-033
Page 2
2
5. No parking shall take place behind the building, in order to ensure safety of students from
industrial uses that may take place behind the building.
6. Operations shall take place between 9:00 am and 8:00 pm on weekdays and 8:00 am to
8:00 pm on weekends.
7. Occupancy shall not exceed 64 persons during normal sessions and 96 persons during
tournaments and events.
Adopted by the Albertville City Council this 2nd day of October 2017.
_____________________________
Jillian Hendrickson, Mayor
ATTEST:
___________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 31
Mayor and Council Request for Action
P:\City Council\Council Packet Information\2017\100216\TL - 1 Towne Lakes 7th Addn RCA.docx
Meeting Date: October 2, 2017
September 25, 2017
SUBJECT: PLANNING - TOWNE LAKES 7TH ADDITION PRELIMINARY AND FINAL PLAT PUD
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
MOTION TO: Adopt Resolution No. 2017-034 approving Towne Lakes 7th Addition
Preliminary Plat, Final Plat, and PUD Amendment.
BACKGROUND: In 2003, the City of Albertville approved PUD zoning and a preliminary plat
for Towne Lakes Phase 2 development. The development included single family homes,
townhomes, a neighborhood park, and the Shoppes of Towne Lakes commercial area along
County Road 19. Through the years, the City approved final plats for Towne Lakes. Only the 7th
Addition remains as undeveloped.
Douglas A. Carlson Development has now applied for a preliminary and final plat approval for
the 7th Addition. This addition includes the remaining undeveloped single family residential land
in the Towne Lakes Phase 2. The plat will be integrated with the final development stages of
Hunter Pass to complete these residential neighborhoods.
KEY ISSUES:
Zoning. The subject area is zoned appropriately for the proposed development. It was rezoned
from R-1A to PUD in March 2003, which allowed flexibility in the development regulations,
specifically as they relate to lot size, lot width, lot depth, building height, and street design.
Performance Standards. The lot, block, and street design on the proposed preliminary and
final plat are generally consistent with the PUD preliminary plat approved in March 2003 and the
amendment approved in December 2004. However, at the suggestion of the City Engineer, some
adjustments in the approved preliminary plat lots have been made to remove the wetland buffers
from the individual lots and to have buffers platted within the outlots. This change has reduced
the lot depths of lots in Blocks 4 and 5. The reduced lot depth has created a need for a reduced
rear yard setback.
Lots and Blocks. The proposed preliminary and final plat consists of 61 single family lots. The
lot and block design is generally consistent with what was proposed with the original preliminary
plat. The most significant changes are as follows:
1. The original 2004 plat had the required wetland buffer within the platted lots. This has
created issues with the preservation of and maintenance of the wetland buffer in the past.
Homeowners tend to mow their property to expand the usable yard if they own the
easement. Platting the wetland buffer and the wetland as an outlot and having it dedicated
to the City makes this a trespass issue and an easier enforcement issue for City staff. The
Agenda Page 32
Mayor and Council Request for Action – October 2, 2017
Towne Lakes 7th Addition Preliminary and Final Plat PUD Page 2 of 3
P:\City Council\Council Packet Information\2017\100216\TL - 1 Towne Lakes 7th Addn RCA.docx
Meeting Date: October 2, 2017
plat change is driven by a recommendation of City staff and impacts on lots in Blocks 4
and 5.
This adjustment reduces the lot depth and increases the setback impact on the lot’s
building pad. The applicant is requesting a PUD amendment to reduce the required rear
yard setback from 25 feet to 10 feet for Lot 1, Block 4 and Lot 5, Block 5.
2. The new preliminary and final plat includes land trades with Hunters Pass 3rd Addition to
complete Towne Lakes 7th Addition and allows for the construction of Large Avenue as a
primary access point for both Towne Lakes 7th Addition and Hunters Pass 3rd Addition
from 70th Street (County Road 38).
Setbacks. The original street side setbacks promoted the house design forward of the garage.
The applicant’s house models in some cases have the garage flush with the face of the house.
The applicant has discussed this with the Towne Lakes Architectural Committee and received
their approval. These house models will be required to maintain a 25-foot front yard setback for
the house and garage.
The applicant is requesting a reduced rear yard setback for Lot 1, Block 4, and Lot 5, Block 5
from 25 feet to 10 feet. This setback reduction will provide for a housing pad that is 50 feet deep.
The need for the setback reduction is due to the City’s request to remove the wetland buffer areas
from the individual lots.
Staff is supportive of the PUD setback flexibilities provided the Towne Lakes HOA provides
documentation of support for the street side setback. The rear yard setback flexibilities are driven
by the City.
PUD/HOA. All past Towne Lake additions have been required to be part of the established
homeowners’ association and must abide by the PUD and HOA bylaws, covenants, and
architecture standards. The City will require the developer to apply to the existing Towne Lakes
Homeowners Association to have all of the numbered lots in the plat included in the Towne
Lakes Homeowners Association and shall take whatever action is reasonably necessary to have
such lots accepted into and governed by the Towne Lakes Homeowners Association. All new
homes shall adhere to the Towne Lakes architectural standards, except as may be amended and
approved in writing by the Towne Lakes HOA and submitted to the City.
POLICY CONSIDERATIONS: In accordance with State Law, public notice was published
and a public hearing held on September 12, 2017 by the Planning Commission for the
preliminary and final plat application. The Commission recommended that the City Council
approve the application based on the findings and recommendations of the September 7, 2017
Planner’s Report.
FINANCIAL CONSIDERATIONS: The applicant shall be responsible for all costs associated
with the preliminary and final plat. There are no significant financial issues related to the
preliminary and final plat.
Agenda Page 33
Mayor and Council Request for Action – October 2, 2017
Towne Lakes 7th Addition Preliminary and Final Plat PUD Page 3 of 3
P:\City Council\Council Packet Information\2017\100216\TL - 1 Towne Lakes 7th Addn RCA.docx
Meeting Date: October 2, 2017
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and
Council have the authority approve the plat request, which requires a majority vote of the City
Council and becomes effective upon publication.
Responsible Person/Title: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution No. 2017-034
Planning Report dated September 7, 2017
Towne Lakes HOA Letter
Agenda Page 34
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2017-034
RESOLUTION APPROVING A PRELIMINARY PLAT, FINAL PLAT
AND PLANNED UNIT DEVELOPMENT AMENDMENT FOR
TOWNE LAKES 7TH ADDITION LOCATED ALONG COUNTY ROAD 38
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Douglas Carlson Development has submitted an application for a
preliminary and final plat PUD for property located along County Road 38 with Parcel
Identification numbers 101-113-000020 and 101-098-004010; and
WHEREAS, City Staff has reviewed submitted plans and prepared a planning report
dated September 7, 2017; and
WHEREAS, the Albertville Planning and Zoning Commission met and held a public
hearing on September 12, 2017, to consider the application for a preliminary and final plat PUD;
and
WHEREAS, upon considering the application materials, the September 7, 2017 planning
report, and public testimony the Planning Commission closed the public hearing and
recommended that the City Council approve the plans with conditions of the planning report as
amended by the Planning Commission; and
WHEREAS, the Albertville City Council met on October 2, 2017 to consider the
preliminary and final plat PUD application; and
WHEREAS, the Albertville City Council has received Douglas Carlson Development’s
application materials including a site plan; staff review documents; the Planning Commission
recommendation; and agrees with the findings and recommendation of the Planning Commission
and the September 7, 2017 planning report.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the preliminary plat, final plat, and planned unit development
amendment subject to the following:
PUD Amendment.
The City Council approves the following through an amendment of the Towne Lakes Planned
Unit Development:
1. The garage may align with the front of the house with a 25 foot front yard setback for the
entire structure.
Agenda Page 35
City of Albertville, MN
Resolution No. 2017-034
October 2, 2017
Page 2
2. Lot 1, Block 4 and Lot 5, Block 5 shall have a minimum rear yard setback of 10 feet.
3. Approval of the revised landscape plan dated 9-12-17.
Preliminary and Final Plat.
1. Street designs shall match the local street design of the Towne Lakes 5th Addition. The
developer shall complete the Large Avenue intersection with 70th Street to provide
another entrance to the subdivision.
2. Sidewalks shall be constructed on both sides of all streets.
3. Final grading, stormwater management, and utility plans shall be subject to review and
approval of the City Engineer.
4. The revised landscape plan shall be implemented as follows:
a. Landscaping of the buffer yard shall be installed with completion of final grading.
b. The applicant shall replace any buffer yard landscaping that may be damaged or
dead prior to completion of home construction or issuance of an occupancy
permit.
5. The developer shall apply to the existing Towne Lakes Homeowners Association to have
all of the numbered lots in the plat included in the Towne Lakes Homeowners
Association and shall take whatever action is reasonably necessary to have such lots
accepted into and governed by the Towne Lakes Homeowners Association. All new
homes shall adhered to the Towne Lakes architectural standards, except as may be
amended and approved in writing by the Towne Lakes Homeowners Association and
submitted to the City.
6. The developer shall enter into a development agreement with the City and provide
securities for plat improvements.
Adopted by the City Council of the City of Albertville this 2nd Day of October, 2017.
_____________________________
Jillian Hendrickson, Mayor
ATTEST:
___________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 36
25
PLANNING REPORT
TO: Adam Nafstad
FROM: Alan Brixius
DATE: September 7, 2017
RE: Albertville – Towne Lakes 7th Addition
FILE NO: 163.06 – 17.10
BACKGROUND
In 2003, the City of Albertville approved PUD zoning and a preliminary plat for Towne
Lakes Phase 2 development. The PUD and plat approval incorporated 93 acres of land
at the southeast corner of County Road 19 and 70th Street. Towne Lakes Phase 2 PUD
was an extension of the original Towne Lakes PUD traditional neighborhood that
consisted of 85 acres and 150 single family lots located between School and Hunter
Lake.
The original Phase 2 development included single family homes, townhomes, a
neighborhood park, and the Shoppes of Towne Lakes commercial area along County
Road 19. Through the years, the City approved final plats for Towne Lakes. Only the 7th
Addition remains as undeveloped.
Douglas A. Carlson Development has now applied for a preliminary and final plat
approval for the 7th Addition. This addition includes the remaining undeveloped
residential land in the Towne Lakes Phase 2. The plat will be integrated with the final
development stages of Hunter Pass to complete these residential neighborhoods.
Attached for reference:
Exhibit A: Existing Conditions
Exhibit B: Preliminary Plat
Exhibit C: Final Plat
Exhibit D: Landscape Plan
Agenda Page 37
26
ISSUES ANALYSIS
Zoning. The subject area is zoned appropriately for the proposed development. It was
rezoned from R-1A to PUD in March 2003, which allowed flexibility in the development
regulations, specifically as they relate to lot size, lot width, lot depth, building height, and
street design.
Comprehensive Plan. The preliminary plat was approved based on the fact that the
design was consistent with the guided residential density defined in the Comprehensive
Plan.
Performance Standards. The lot, block, and street design illustrated on the proposed
preliminary and final plat are generally consistent with the PUD preliminary plat approved
in March 2003 and the amendment approved in December 2004. However, at the
suggestion of the City Engineer, some adjustments in the approved preliminary plat lots
have been made to remove the wetland buffers from the individual lots and to have
buffers platted within the outlots. This change has reduced the lot depths of lots in
Blocks 4 and 5. The reduced lot depth has created a need for a reduced rear yard
setback.
Lots and Blocks. The proposed preliminary and final plat consists of 61 single family
lots. The lot and block design is generally consistent with what was proposed with the
original preliminary plat. The most significant changes are as follows:
1. The original 2004 plat had the required wetland buffer within the platted lots. This
has created issues with the preservation of and maintenance of the wetland buffer
in the past. Homeowners tend to mow their property to expand the usable yard if
they own the easement. Platting the wetland buffer and the wetland as an outlot
and having it dedicated to the City makes this a trespass issue and an easier
enforcement issue for City staff. The plat change is driven by a recommendation
of City staff and impacts on lots in Blocks 4 and 5.
This adjustment reduces the lot depth and increases the setback impact on the
lot’s building pad. The applicant is requesting a PUD amendment to reduce the
required rear yard setback from 25 feet to 10 feet for Lot 1, Block 4 and Lot 5,
Block 5.
2. The new preliminary and final plat includes land trades with Hunters Pass 3rd
Addition to complete Towne Lakes 7th Addition and allows for the construction of
Large Avenue as a primary access point for both Towne Lakes 7th Addition and
Hunters Pass 3rd Addition from 70th Street (County Road 38).
Lot areas in the updated plat range from 8,500 square feet (Lot 5, Block 5) to 24,950
square feet (Lot 7, Block 4).
Setbacks. The following PUD setbacks are applicable throughout the Towne Lakes
single family neighborhoods:
Agenda Page 38
27
Approved Requested
Street Setbacks:*
House/Porch
Face of Garage
15 feet
25 feet
Side Yard Setbacks:
House Side
Garage Side
15 feet between homes
10 feet
5 feet
Rear Yard: 25 feet* 10 feet
* The applicant is pursuing two PUD setback flexibilities from the original approval.
1. The original street side setbacks promoted the house design forward of the
garage. The applicant’s house models in some cases have the garage flush with
the face of the house. The applicant has discussed this with the Towne Lakes
Architectural Committee and received their approval. These house models will be
required to maintain a 25 foot front yard setback for the house and garage. The
applicant must provide written documentation of the HOA approval of this
architectural deviation.
2. The applicant is requesting a reduced rear yard setback for Lot 1, Block 4, and Lot
5, Block 5 from 25 feet to 10 feet. This setback reduction will provide for a
housing pad that is 50 feet deep. The need for the setback reduction is due to the
City’s request to remove the wetland buffer areas from the individual lots.
Staff is supportive of the PUD setback flexibilities provided the Towne Lakes HOA
provides documentation of support for the street side setback. The rear yard setback
flexibilities are driven by the City.
Streets and Access. The proposed streets have a 50 foot right-of-way, consistent with
the approved original PUD standards. The streets have been constructed to a 28 foot
width. All streets will have sidewalks along both sides of the street.
Grading and Utilities. The 7th Addition has undergone preliminary grading, established
street corridors, and trunk utility lines. Final grading, stormwater management, and utility
plans shall be subject to review and approval of the City Engineer.
Landscaping. In review of the landscape plan, we offer the following comments:
1. The applicant’s location, size, and variety of boulevard street trees is consistent
with the original PUD approval and meets current landscape standards.
2. The original PUD provides an extensive landscape buffer yard along 70th Street
providing a staggered row of plantings for the length of the subdivision to screen
Agenda Page 39
28
the neighborhood from 70th Street traffic. 70th Street is now planned to become
County Road 38, a major east-west arterial street between County Road 19 and
U.S. Highway 169. This higher functional classification warrants a robust
landscape buffer yard between this street and the backs of the homes in the 7th
Addition. The proposed landscape plan does not match the original approved
landscape plan in number of plantings and buffer yard design. The proposed
design does not adequately screen the rear yards of these homes.
Staff recommends a landscaped buffer yard that is closer in design to the original
approved PUD landscape plan. A revised plan must be provided and approved by staff.
The following conditions also apply:
1. The buffer yard will be planted with the completion of final grading.
2. The applicant shall warranty or replace landscaping that dies prior to completion
of individual lot construction and issuance of an occupancy permit.
Parks. The park land dedication was satisfied with the 5th and 6th Additions.
Signage. A signage plan must be submitted indicating the locations of stop signs, no
parking signs, street signs, and crosswalks. These signs and crosswalk markings are an
expense of the subdivision.
Development Agreement. As part of the final plat approval, the applicant will be
required to enter into a development agreement with the City.
PUD/HOA. All past Towne Lake additions have been required to be part of the
established homeowners association and must abide by the PUD and HOA bylaws,
covenants, and architecture standards. The City will require the developer to apply to
the existing Towne Lakes Homeowners Association to have all of the numbered lots in
the plat included in the Towne Lakes Homeowners Association and shall take whatever
action is reasonable necessary to have such lots accepted into and governed by the
Towne Lakes Homeowners Association. All new homes shall adhere to the Towne
Lakes architectural standards, except as may be amended and approved in writing by
the Towne Lakes HOA and submitted to the City.
CONCLUSION AND RECOMMENDATION
The Towne Lakes 7th Addition represents the final residential portion of the larger Towne
Lakes neighborhood. This neighborhood is unique in design, architecture, and
amenities, resulting in a high quality residential environment. Based on our review of the
7th Addition, we recommend approval of the 7th Addition preliminary and final plat and
PUD amendment with the following conditions:
Agenda Page 40
29
PUD Amendment. The following PUD flexibilities are recommended by City staff:
Street Setbacks:
House/Porch
Face of Garage
15 feet
25 feet
Side Yard Setbacks:
House Side
Garage Side
Minimum setback between
homes
10 feet
5 feet
15 feet
Rear Yard: 25 feet
Exception to these setbacks are as follows:
1. Pending HOA written approval, the garage may align with the front of the house
with a 25 foot setback for the entire structure.
2. Lot 1, Block 4 and Lot 5, Block 5 shall have a minimum rear yard setback of 10
feet.
Preliminary and Final Plat.
1. Street designs shall match the local street design of the Towne Lakes 5th Addition.
The developer shall complete the Large Avenue intersection with 70th Street to
provide another entrance to the subdivision.
2. Sidewalks shall be constructed on both sides of all streets.
3. Final grading, stormwater management, and utility plans shall be subject to review
and approval of the City Engineer.
4. A revised landscape plan shall be submitted that intensifies the landscape buffer
along 70th Street to mimic the original PUD landscape plan for Towne Lakes
Phase 2.
a. Landscaping of the buffer yard shall be installed with completion of final
grading.
b. The applicant shall replace any buffer yard landscaping that may be
damaged or dead prior to completion of home construction or issuance of
an occupancy permit.
5. The developer shall apply to the existing Towne Lakes Homeowners Association
to have all of the numbered lots in the plat included in the Towne Lakes
Homeowners Association and shall take whatever action is reasonably necessary
Agenda Page 41
30
to have such lots accepted into and governed by the Towne Lakes Homeowners
Association. All new homes shall adhered to the Towne Lakes architectural
standards, except as may be amended and approved in writing by the Towne
Lakes Homeowners Association and submitted to the City.
6. The developer shall enter into a development agreement with the City and provide
securities for plat improvements.
c: Kim Olson
Maeghan Becker
Paul Heins
Mike Couri
Scott Dahlke
Henry Hanson
Agenda Page 42
EXHIBIT A
31
31Agenda Page 43
EXHIBIT B
32
32Agenda Page 44
EXHIBIT C
33
33Agenda Page 45
EXHIBIT D
34
34Agenda Page 46
EXHIBIT D
35
35Agenda Page 47
MAX E. NORTON BSLA
Professional Design Consultant to the
Towne Lakes ARC
ARCHITECTURAL REVIEW COMMITTEE
R E V I E W AND R E C O M M E N D A T I O N
September 15, 2017
Re: Seventh (Final) Addition; TOWNE LAKES
Albertville, MN 55301-4344
Request for permission to deviate from Architectural Guidelines
Dear ARC:
I have had very limited details furnished by the prospective builder, but phone
and email conversations have given me a general understanding of the site plan issues.
Given that some of the narrower, rearward-tapering lots make recessing the Garage
front in accordance with the Guidelines extremely difficult, they are requesting a
variance to facilitate building on those lots.
Given all the circumstances, including existing incidences of guideline violations
in the community, I am inclined to look favorably on a calculated, controlled variance of
the existing Guidelines -for this Addition, only. Here is the current phraseology: “Position
garages to reduce their visual impact on the Street. Cause the active, visually interesting
features of the house to be prominent on the Streetscape.” The ‘Site Positioning of
Residential Garages’ section calls for a 6’ (six foot) separation between the front-loaded
garage and the house structure or the front of the front porch.
VARIANCE: That the ARC will permit up to 50% of the new homes built in this Addition
to have the front-facing Garage face to be in line with the face of the Front Porch proper.
This variance shall be for the sole purpose of fitting the Garage within the lot parameters
(see drawing below). In such cases, the garage detailing shall be subdued and the house
features shall be enhanced with additional details and features- in accordance with the
original Guidelines. Each home will still need to follow the ARC Process for architectural
approval, prior to obtaining building permits.
Agenda Page 48
Pg 2
It is my understanding that the Builder wishes to expedite the acquisition of a
Variance which will allow the Building Officials to approve plans with varied garage
setbacks. As always, my role is advisory. If there are issues that I’ve not addressed,
we can certainly refine the Variance in a timely manner.
I am recommending this Variance be APPROVED, that the Guidelines be altered
to reflect this change, and that this be forwarded to the City of Albertville Planning and
Building Department.
Please review my recommendation at the next upcoming ARC meeting. My
recommendation is simply to assist you in making a reasoned decision.
Respectfully Submitted,
Max E. Norton, ARC Consultant
cc: Nikki Bjerke
Agenda Page 49
1
CITY OF ALBERTVILLE
CONDITIONAL USE /PLANNED UNIT DEVELOPMENT AGREEMENT
TOWNE LAKES 7TH ADDITION
THIS AGREEMENT, entered into this ______ day of October, 2017 by and
between HSB Ventures, LLC., a Minnesota Limited Liability Company referred to
herein as “Developer”; and the CITY OF ALBERTVILLE, County of Wright, State
of Minnesota, hereinafter referred to as “City”;
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of the real property
described in Exhibit A, attached hereto and incorporated herein by reference, which
real property is proposed to be subdivided and platted for development and which
real property is subject to the provisions of this Agreement; and
WHEREAS, Developer is proposing to subdivide a portion of Outlot C of
Towne Lakes 7th Addition into 61 single-family residential lots and 3 Outlots, which
are described on the attached Exhibit A. Said subdivision which is to be governed
by this Agreement is intended to bear the name “Towne Lakes 7th Addition” and
shall be hereinafter referred to in its entirety as “Said Plat” or “Subject Property”;
and
WHEREAS, the City has given final approval of Developer’s plat of Towne
Lakes 7th Addition (attached hereto as Exhibit B) contingent upon compliance with
certain City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading,
sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter
“Municipal Improvements”) be installed to serve the Development, to be installed
and financed by Developer; and
Agenda Page 50
2
WHEREAS, the City further requires that certain on- and off-site
improvements be installed by the Developer within Said Plat, which improvements
consist of boulevards, top soil and sod, grading control per lot, bituminous or
concrete driveways, drainage swales, berming, street signs, street lights, street
cleanup during project development, erosion control, landscaping, and other site-
related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning the development of Said Plat and the conditions
imposed thereon; and
WHEREAS, the City and Developer’s predecessor in title have previously
entered into a Developer’s Agreement titled “City of Albertville Conditional Use/
Planned Unit Development Agreement Towne Lakes 7th Addition” dated August 12,
2005 and recorded as document number 984963 at the Wright County Recorder’s
Office (“Master Agreement”) under which the City granted preliminary plat approval
to the plan for the area covered by said Master Agreement; and
WHEREAS, Said Plat is governed by the Master Agreement, except as may
be explicitly modified herein; and
WHEREAS, the City and Developer desire to supplement the Master
Agreement with the site specific details applicable to Towne Lakes 7th Addition, as
evidenced by the execution of this Agreement; and
WHEREAS, the City and Developer desire to have this Agreement and the
Master Agreement read together as if the entire Master Agreement were recited
herein, with any conflicts between the two documents being resolved in favor of the
language set forth in this document;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party’s promises and considerations herein set
forth, as follows:
1. Preliminary Plat Master Agreement.
A. That certain Developer’s Agreement entitled “City of Albertville
Planned Unit Development Agreement Towne Lakes Third Addition”
(“Master Agreement”) between Contractor Property Developers
Company and the City of Albertville, dated October 3, 2003 and
recorded in the Wright County Recorder’s Office as document number
894487 along with any recorded amendments is hereby incorporated
Agenda Page 51
3
herein the same as if the text of said Agreement were contained within
this document.
B. It is the intent of the parties that this Developer’s Agreement
(“Developer’s Agreement”) supplement the Master Agreement as to
the specific development issues related to Towne Lakes Seventh
Addition, and that these two documents be read together to determine
the rights and obligations of the parties with respect to the property
contained within the Towne Lakes Seventh Addition. In the event of a
conflict between the terms of the Master Agreement and this
Developer’s Agreement, the terms of this Developer’s Agreement
shall control with respect to any conflicting issues within Towne Lakes
Seventh Addition, but any such conflicts shall not alter the terms of the
Master Agreement as they apply to other plats, now existing or to be
platted in the future, within the remaining land area subject to the
Master Agreement.
2. Planned Unit Development. The Development is hereby allowed to be
developed as a Planned Unit Development with flexibility from the strict
requirements of the City’s Shoreline Regulations and Zoning Ordinance in
relation to selected items detailed in this paragraph.
A. All lots within the plat shall be subject to the Towne Lakes Community
Association, which is a master association, as currently established for
Towne Lakes First and Second Additions. The Developer shall apply to
the existing Towne Lakes Community Association to have all numbered
lots within Said Plat added to the existing Towne Lakes Community
Association and shall take whatever action is reasonably necessary to have
such lots accepted into and governed by the Towne Lakes Community
Association. All new homes shall adhere to the Towne Lakes
architectural standards, except as may be amended and approved in
writing by the Towne Lakes Community Association, a copy of which
shall be filed with the City. The Developer shall file covenant documents
subjecting all lots within Said Plat to the terms and conditions of the
Towne Lakes Community Association subject to review and approval by
the City Attorney, which shall be recorded on the property records of the
lots.
B. Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as Exhibit C, at such times set forth
below:
Agenda Page 52
4
i. Boulevard Trees: Within 60 days of substantial completion of
first lift of asphalt, weather permitting;
ii. The rear-yard landscaping required of all yards abutting 70th
Street shall be installed within 30 days of completion of final
mass subdivision grading, weather permitting;
iii. Any other landscaping shown on Exhibit C shall be installed no
later than October 31, 2019.
iv. The Developer shall guarantee that all new trees shall survive
for two full years from the time planting has been completed or
will be replaced at the expense of the Developer, except that
70th Street rear-yard landscaping shall be replaced by the
Developer if it dies prior to the issuance of an occupancy
permit for said lot even if such two-year period has elapsed.
C. The Developer shall file deed restrictions with the Wright County
Recorder of Deeds for all lots adjacent to or containing wetlands or storm
water ponds indicating that no structures can be built within 30 feet of
wetlands. All such deed restrictions shall be subject to the approval of the
City Attorney.
D. Other Use Restrictions. On all lots within 30 feet of any wetland, the
native vegetation within said 30 feet of the wetland shall not be
fertilized or mowed or otherwise disturbed. On all lots within 30 feet of
any wetland, no structure, including, but not limited to, outbuildings or
accessory buildings, fence, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installation
and maintenance of utilities, or which may change the direction of flow
or drainage channels in the easements, or which may obstruct or retard
the flow of water through drainage channels in the easements. The
easement area of each Lot including all improvements in it, shall be
maintained continuously by the Owner of the Lot, except for those
improvements for which a public authority or utility company is
responsible. No Owner or other person shall apply any phosphorus-
based fertilizers or herbicides within fifty (50) feet of any wetland or
lake.
E. Prior to the sale of any lot(s) within the Development, Developer shall
provide the City with a copy of the sales literature identifying the required
thirty (30) foot wetland setback building restrictions, the location of all
future parks within the Development, and the location of all present and
future sidewalks and easements. Developer agrees that the
aforementioned sales literature will be distributed to all potential lot
Agenda Page 53
5
buyers within the Development prior to the sale of any of said lots by
Developer.
F. Developer acknowledges and understands that the intersection of Linwood
Drive and 70th Street will be reevaluated with the construction of 70th
Street as a divided urban collector street. With the improvement of 70th
Street as a divided urban collector street, Linwood Drive may be restricted
to a right-in/right-out intersection with 70th Street. Developer agrees to
release and hold harmless the City from any claim of diminution in
property value of the properties on Said Plat arising from said potential
restriction of the Linwood/70th Street intersection.
G. Developer shall deed Outlots A and B of Said Plat to the City of
Albertville upon the recording of the final plat.
H. Setbacks for the lots on Said Plat shall be as follows: i. Street Setbacks: House/porch 15 feet Face of garage 25 feet ii. Side Yard Setbacks: House Side 10 feet Garage Side 5 feet Min. setback between homes 15 feet iii. Rear yard 25 feet iv. Exceptions: 1. Pending written approval from the Master Homeowners’ Association, the garage on any lot may align with the front of the house with a 25-foot setback for the entire structure. 2. Lot 1, Block 4 and Lot 5, Block 5 of Said Plat shall have a minimum rear yard setback of 10 feet.
3. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Towne Lakes 7th Addition, as prepared by Civil Engineering Site
Agenda Page 54
6
Design dated __________ 2017 and on file with the City Clerk, said
improvements to include installation of bituminous street, curb and
gutter, sidewalks, water mains, sanitary and storm sewers, storm water
ponding and site grading, street signs and traffic signs. All such
improvements shall be constructed according to the standards adopted
by the City, along with all items required by the City Engineer. Unless
the City Engineer specifies a later date, said improvements shall be
installed by September 30, 2018, except that the wear course of
bituminous pavement must be installed after between June 1st and July
31st of the year following the installation of the base course of such
bituminous pavement, even if this requirement causes the wear course
to be installed after September 30, 2018.
B. The Developer shall provide the City with record drawings for all
Municipal Improvements, consistent with City requirements and
subject to review and approval of the City Engineer. Record drawings
shall be certified by a registered land surveyor or engineer that all
ponds, swales, emergency overflows, and Municipal Improvements
have been constructed on public easements. The Developer shall
provide such record drawings in both paper and electronic format as
required by the City Engineer.
C. The Developer warrants to the City for a period of two years from the
date the City accepts the finished Municipal Improvements that all
such improvements have been constructed to City standards and shall
suffer no significant impairments, either to the structure or to the
surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
Acceptance shall be by City Council motion or resolution.
D. Developer shall provide the City with lien waivers from all contractors
and subcontractors engaged to construct said improvements on Said
Plat. Should Developer fail to provide the City with all applicable lien
waivers, the City reserves the right to draw upon Developer's surety
after providing Developer with 30 days written notice and pay any
contractors who performed work on any Municipal Improvements and
whom Developer has failed to fully pay for the performance of said
work.
E. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City may
deem necessary) during the construction and installation of said
Municipal Improvements. Developer agrees to pay for all costs
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7
incurred by the City during said inspections.
F. The Developer shall be responsible, at Developer’s expense, for
plowing snow from all streets in Said Plat that do not have wear course
installed. Such plowing shall be done in a manner and on a timeline
consistent with the way the City plows its other residential streets.
Developer shall be responsible for repairing all damage which occurs
to streets and utilities as a result of snow plowing when such streets do
not have the wear course of bituminous installed.
4. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of yard top soil, sod and seed in all yards, landscaping,
grading control per lot, bituminous or concrete driveways, drainage
swales, berming, and like items as necessary, street cleanup during
project development, and erosion control, all as required by City
ordinance, this Agreement and the Master Agreement. Front, side and
portions of the back yards of residential lots shall be sodded in
accordance with the Residential Development Standards as on file
with the City Administrator’s Office. Those portions of the yards not
required to be sodded may be seeded with grass seed or sodded. In all
cases permanent turf or grass must be established over all areas of the
lot not covered by a hard or impervious surface. The Developer shall
guarantee that all new plantings shall survive for two full years from
the time the planting has been completed or will be replaced at the
expense of the Developer. Said on- and off-site improvements shall be
installed no later than September 30, 2018, with the exception of
erosion control, drainage swales and berming, which shall be installed
upon initial grading of Said Plat, and except that the driveways and sod
need not be installed in a lot until that lot is built upon (provided
adequate ground cover has been established prior to the development
of such lot).
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 under ground, within the street right of way or such other
location as may be approved by the City Engineer, accessible to all lots
and in compliance with all applicable state and local regulations:
i. Electrical power supply, to be provided by Wright-Hennepin or
other such carrier;
Agenda Page 56
8
ii. Natural gas supply, to be provided by Center Point Energy or
other such carrier;
iii. Telephone service, to be provided by Century Link Telephone
Company or other such carrier;
iv. Cable TV service, to be provided by a local carrier;
In addition, the Developer shall, at its own expense, cause streetlights
and street signs to be of such type and to be installed at such locations
as required by the City Engineer and in conformance with the Manual
on Uniform Traffic Control Devices. The Developer shall be
responsible for streetlight operational expense until such time as the
City accepts the Municipal Improvements.
C. Before any grading is started on any site, all erosion control measures
as shown on the approved Grading, Drainage and Erosion Control
Plan attached as Exhibit D shall be strictly complied with. Developer
shall maintain erosion control measures in accordance with MPCA’s
Best Management Practices at all times during the development of
Said Plat
D. Notwithstanding the requirements of subparagraph 4A 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 for each lot or parcel prior to the date
that a certificate of occupancy (temporary or permanent) is issued by
the City for a building located on the lot, unless the certificate of
occupancy is issued after October 1st and before March 30th in any
given year, in which case a certificate of occupancy shall be issued
with the requirement that the Developer be required to install said on-
and off-site items for such lot by the following June 30th.
E. Developer shall install storm water retention/water quality ponds and
basins upon Said Plat as shown on the Grading, Drainage and Erosion
Control Plan attached as Exhibit D. Said ponds and basins shall be
dedicated to the City, and Developer shall provide the City with
perpetual drainage easements over such ponds. Said retention ponds
and basins shall be installed prior to the installation of utilities.
5. Intended Use of Subdivision Lots. It is the Developer's and City's intent that
a total of 61 single family units be constructed on Said Plat, with one single
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9
family home on each lot as well as any accessory structures permitted under
the City’s zoning ordinance, this Agreement or the Master Agreement.
6. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the
obligations of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of $1,209,750.00
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($1,104,000.00), $1,500.00 per acre for erosion control
and off -site improvements ($34,500.00), and 150% of the estimated
cost for landscaping/screening materials ($71,250.00). Said letter of
credit or surety must meet the approval of the City attorney as to form
and issuing bank (the issuing bank must be an FDIC insured bank
located within 100 miles of the City of Albertville), and must be
available in its entirety to fulfill the obligations of the Developer under
this Agreement. The letter of credit to the City shall contain language
requiring its automatic renewal prior to December 31 of each calendar
year, unless cancellation of the letter of credit is specifically approved
in writing by the City.
B. The City may draw on said letter of credit or surety after required
written notice to complete work not performed by Developer
(including but not limited to on- and off-site improvements, Municipal
Improvements described above, erosion control, and other such
measures), to pay liens on property to be dedicated to the City, to
reimburse itself for costs incurred in the drafting, execution,
administration or enforcement of this Agreement, to repair or correct
deficiencies or other problems which occur to the Municipal
Improvements during the warranty period, or to otherwise fulfill the
obligations of Developer under this Agreement. Said letter of credit
must be maintained by Developer at all times at the level provided in
paragraph 6A above or a lesser amount authorized by the City Council
pursuant to paragraph 7B 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, the Developer
agrees that upon being billed by the City, 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
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Developer any monies which the City has in its possession which are
in excess of the actual costs of the project as paid by the City.
D. Developer hereby agrees to allow the City to specially assess
Developer's property for any and all reasonable costs incurred by the
City in enforcing any of the terms of this agreement should
Developer's letter of credit or surety prove insufficient or should
Developer fail to maintain said letter of credit or surety in the amount
required above within 30 days of mailing of written request by the
City.
E. That portion of said cash, irrevocable letter of credit or other surety
with respect to the performance of Site Improvements shall be released
upon certification of the City Engineer and approval of the City
Council that all such items are satisfactorily completed pursuant to this
Agreement.
F. In the event a surety referred to herein is in the form of an irrevocable
letter of credit, which by its terms may become null and void prior to
the time at which all monetary or other obligations of the Developer
are paid or satisfied, it is agreed that the Developer shall provide the
City with a new letter of credit or other surety, acceptable to the City,
at least forty-five (45) days prior to the expiration of the original letter
of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the terms of
this Agreement and thence draw in part or in total, at the City's
discretion, upon the expiring letter of credit to avoid the loss of surety
for the continued obligation. The form of any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to
its issuance.
G. 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.
7. Surety Release.
Agenda Page 59
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A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements and/or on- and
off-site Improvements, and/or landscaping improvements, and when it
is reasonably prudent, the Developer may request of the City that the
surety be proportionately reduced for that portion of the Municipal
Improvements and on- and off-site improvements and landscaping
improvements which have been fully completed and payment made
therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be
billed to the Developer. Such cost shall be paid to the City within
thirty (30) days of the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any
surety as follows:
i. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements or the on-
and off-site improvements have been installed, the letter of
credit or surety may be reduced by the dollar amount
attributable to that portion of improvements so installed, except
that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the
Municipal Improvements during the first year of the warranty
period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the
warranty period. Developer may substitute a warranty bond
acceptable to the City Attorney for the warranty letter of credit
in the same amounts and duration as required for the warranty
letter of credit.
iii. When all or a portion of the landscaping improvements have
been installed pursuant to the Landscaping Plan attached as
Exhibit C, 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.
Agenda Page 60
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iii. As to all requests brought under this paragraph, the City
Council shall have complete discretion whether to reduce or not
to reduce said letter of credit or surety.
C. The costs incurred by the City in processing any reduction request
shall be billed to the Developer and paid to the City within thirty (30)
days of billing.
8. Abandonment of Project - Costs and Expenses.
In the event Developer should abandon the proposed development of Said
Plat, the City’s costs and expenses related to attorney’s fees, professional
review, drafting of this Agreement, preparation of the feasibility report, plans
and specifications, and any other expenses undertaken in reliance upon
Developer’s various assertions shall be paid by said Developer within thirty
(30) days after receipt of a bill for such costs from the City. In addition, in the
event the Developer abandons the project, in whole or in part, ceases
substantial field work for more than nine (9) months, fails to provide
sufficient ground-cover to prevent continuing soil erosion from Said Plat, or
fails to leave the abandoned property in a condition which can be mowed
using conventional lawn mowing equipment, Developer agrees to pay all
costs the City may incur in taking whatever action is reasonably necessary to
provide ground-cover and otherwise restore Said Plat to the point where
undeveloped grounds are level and covered with permanent vegetation
sufficient to prevent continuing soil erosion from Said Plat and to facilitate
mowing of Said Plat. In the event that said costs are not paid, the City may
withdraw funds from the above-mentioned surety for the purpose of paying
the costs referred to in this paragraph.
9. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all
reasonable administrative, legal, planning, engineering and other professional
costs incurred in the creation, administration, enforcement or execution of this
Agreement and the approval of Said Plat, as well as all reasonable
engineering expenses incurred by the City in designing, approving, installing,
and inspecting said Improvements described above. Developer agrees to pay
all such costs within 30 days of billing by the City. If Developer fails to pay
said amounts, Developer agrees to allow the City to reimburse itself from said
surety and/or assess the amount owed against any or all of Said Plat without
objection. Developer has the right to request time sheets or work records to
verify said billing prior to payment.
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10. Sanitary Sewer and Water Trunk Line Fees.
Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance
and Water Trunk Line Fee Ordinance currently requires the Developer to pay
$2,055.00 per acre and $1,925.00 per acre respectively, upon development of
said Plat. There are 23 acres in said Plat to which the Trunk Charges apply,
which received final plat approval. Therefore, the Sanitary Sewer and Water
Trunk Line Fees for the numbered receiving final plat approval are $91,540
($47,265 in sanitary sewer trunk line fees calculated as $2,055.00 x 23 acres
and $44,275 in water fees calculated as $1,925.00 x 23 acres).
11. Erosion and Sediment Control.
Developer shall implement all erosion control measures detailed in the Storm
Water Pollution Prevention Plan (“SWPPP”) and on the Grading and
Drainage plan (including construction of all temporary and permanent ponds)
in the order required by the City Engineer. Developer shall also implement
any additional erosion control measures required by the City Engineer, and
shall abide by all erosion control requirements contained in the Albertville
Subdivision ordinance and as required by the NPDES Construction
Stormwater Permit for the project. The parties recognize that time is of the
essence in controlling erosion. If the Developer does not comply with the
erosion control plan and/or the requirements of the NPDES Construction
Stormwater Permit, the City may take such action as it deems appropriate to
control erosion, and the landowner hereby grants the City permission to enter
upon the land and take such necessary erosion control actions. The City will
endeavor to notify the Developer in advance of any proposed action, but
failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any
cost the City incurred for such work within thirty (30) days, the City may
draw down the letter of credit to pay any costs or may specially assess
Developer’s land for the costs not covered by the letter of credit. No
development will be allowed and no building permits will be issued unless the
development is in full compliance with the erosion control requirements.
12. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from Said Plat may drain,
and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
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14
13. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage or
repairs which may occur to public property including but not limited to
streets, street sub- base, base, bituminous surface, curb, utility system
including but not limited to watermain, sanitary sewer or storm sewer when
said damage occurs as a result of the construction activity which takes place
during the development of Said Plat, including the initial construction of
homes on the lots. The Developer further agrees to pay all costs required to
repair the streets, utility systems and other public property damaged or
cluttered with debris when occurring as a direct or indirect result of said
construction that takes place in Said Plat.
Developer agrees to clean the streets on a daily basis if required by the
City. Developer further agrees that any damage to public property occurring
as a result of construction activity on Said Plat will be repaired immediately
if deemed to be an emergency by the City. Developer further agrees that
any damage to public property as a result of construction activity on Said
Plat will be repaired within 14 days if not deemed to be an emergency by
the City.
If Developer fails to so clean the streets or repair or maintain said public
property, the City may immediately undertake making or causing it to be
cleaned up, repaired or maintained. When the City undertakes such activity,
the Developer shall reimburse the City for all of its expenses within thirty
(30) days of its billing to the Developer. If the Developer fails to pay said bill
within thirty (30) days, then the City may specially assess such costs against
the lots within Said Plat and/or take necessary legal action to recover such
costs and the Developer agrees that the City shall be entitled to attorney’s fees
incurred by the City as a result of such legal action.
14. Temporary Easement Rights.
Developer shall provide access to Said Plat at all reasonable times to the City
or its representatives for purposes of inspection or to accomplish any
necessary work pursuant to this Agreement.
15. 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.
Agenda Page 63
15
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Contract.
C. If building permits are issued prior to the completion and acceptance
of public improvements, the Developer assumes all liability and the
costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Contract shall not be a
waiver or release.
E. This Contract shall run with the land and shall be recorded against the
title to the property.
F. The Developer represents to the City that Said Plat complies with all
City, county, state and federal laws and regulations, including but not
limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that Said Plat does
not comply, the City may, at its option, refuse to allow construction or
development work in the plat until the Developer so complies. Upon
the City's demand, the Developer shall cease work until there is
compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on Said Plat, Developer shall provide the City with
evidence of good and marketable title to all of Said Plat. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of
title updated by an abstract company registered under the laws of the
State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
Agenda Page 64
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I. The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the
public health, safety and welfare.
J. Developer shall obtain all required driveway, utility and other permits
as required by the City Engineer, Wright County and/or the State of
Minnesota for the construction of the Municipal Improvements and the
On- and Off-Site Improvements.
16. Violation of Agreement.
A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
give Developer thirty (30) days mailed notice thereof (via certified
mail), and if such default is not cured within said thirty (30) day
period, the City is hereby granted the right and the privilege to declare
any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run
from the date of deposit in the United States Mail. Upon failure to
cure by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations
under this Agreement, and bring legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all
costs and attorney's fees incurred in enforcing this agreement. The
City may also specially assess all said costs incurred upon default
against the properties in Said Plat pursuant to the terms of this
agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph
16(A) above, in the event that a default by Developer will reasonably
result in irreparable harm to the environment or to public property, or
result in an imminent and serious public safety hazard, the City may
immediately exercise all remedies available to it under this agreement
in an effort to prevent, reduce or otherwise mitigate such irreparable
harm or safety hazard, provided that the City makes good-faith,
reasonable efforts to notify the Developer as soon as is practicable of
the default, the projected irreparable harm or safety hazard, and the
intended actions of the City to remedy said harm.
C. Paragraph 16A of this section shall not apply to any acts or rights of
the City under the preceding paragraph 6F, and no notice need be
given to the Developer as a condition precedent to the City declaring a
Agenda Page 65
17
default or drawing upon the expiring irrevocable letter of credit as
therein authorized. The City may elect to give notice to Developer of
the City's intent to draw upon the surety without waiving the City's
right to draw upon the surety at a future time without notice to the
Developer.
D. Breach of any of the terms of this Contract by the Developer shall be
grounds for denial of building permits.
17. Dedications to the City.
A. Municipal Improvement Dedications. The Developer, upon
presentation to the City of evidence of good and marketable title to
Said Plat, and upon completion of all construction work and
certification of completion by the City Engineer, shall dedicate all
roads, road and trail right-of-ways, sidewalks, curbs, drainage and
utility easements, gutters, ponds, sewers and water mains to the City.
Upon acceptance of dedication, Developer shall provide to the City
“As-Builts” of all sewers, water mains. Acceptance by City of any
dedication shall occur upon passage of a resolution to such effect by
the City Council.
B. Park Dedication. The City acknowledges that the Developer has fully
satisfied its park dedication requirement for Said Plat via park
dedications with previous Towne Lakes plats.
C. Outlot Dedications. The Developer shall deed Outlots A and B to the
City.
18. Administrative Fee. A fee for City administration of this project shall be
paid prior to the City executing the Plat and this Agreement. Said fee shall
be 3.5% of the estimated construction costs of the Municipal Improvements
within the Plat. The administrative fee for this Plat is $38,640.00.
19. Phased Development. As said Plat is a phase of a multi-phased preliminary
plat, Developer agrees that the City may refuse to approve final plats of
subsequent phases until public improvements for all prior phases have been
satisfactorily completed. Development of subsequent phases may not proceed
until the City approves Development Contracts for such phases. Approval of
this phase of the Development shall not be construed as approval of future
phases nor shall approval of this phase bind the City to approve future
Development phases. The Master Agreement, the City’s Comprehensive
Plan, Zoning ordinance, Subdivision ordinance, and other ordinances shall
Agenda Page 66
18
govern all future Development phases in effect at the time such future
Development phases are approved by the City.
20 Indemnity. Developer shall hold the City and its officers and employees
harmless from claims made by Developer and third parties for damages
sustained or costs incurred resulting from Said Plat approval and
development. The Developer shall indemnify the City and its officers and
employees for all costs, damages or expenses that the City may pay or incur
in consequence of such claims, including attorney's fees. Third parties shall
have no recourse against the City under this contract.
21. Assignment of Contract. The Developer can assign the obligations of the
Developer under this Contract. However, the Developer shall not be released
from its obligations under this contract without the express written consent of
the City Council through Council resolution.
22. Limited Approval. Approval of this Agreement by the City Council in no
way constitutes approval of anything other than that which is explicitly
specified in this Agreement.
23. Professional Fees. The 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.
24. 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.
25. 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, except as specified herein. Modification of this Agreement may
occur only if in writing and signed by a duly authorized agent of both parties.
26. 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:
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19
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
HSB Ventures, LLC.,
Attn: Henry Hanson
14505 43rd Avenue North
Minneapolis, MN 55446
Telephone: ________________
27. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By_______________________
Jillian Hendrickson
Its Mayor
By_______________________
Kimberly A. Olson
Its Clerk
HSB VENTURES, LLC.
By _______________________
Henry Hansen
Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Agenda Page 68
20
The foregoing instrument was acknowledged before me this ______ day of
________________, 2017, by Jillian Hendrickson as Mayor of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
___________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _______ day of
________________, 2017, by Kimberly 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
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Henry Hansen, as President of HSB Ventures, LLC., acknowledged the foregoing
instrument before me this _____ day of ___________________, 2017.
___________________________________
Notary Public
DRAFTED BY:
Couri & Ruppe P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
Agenda Page 69
21
(763) 497-1930
Agenda Page 70
22
EXHIBIT A TO DEVELOPER’S AGREEMENT
The legal description of the Plat to which this Developer’s Agreement applies is as
follows:
Lots 1-14, Block 1
Lots 1-20, Block 2
Lots 1-2, Block 3
Lots 1-3, Block 4
Lots 1-8, Block 5
Lots 1-8, Block 6
Lots 1-6, Block 7
Outlot A
Outlot B
Outlot C
All said property is located in Towne Lakes 7th Addition, City of Albertville, County
of Wright, State of Minnesota.
Agenda Page 71
23
EXHIBIT B
Final Plat
EXHIBIT C
Landscape Plan
EXHIBIT D
Grading, Drainage and Erosion Control Plan
Agenda Page 72
Mayor and Council Request for Action
P:\City Council\Council Packet Information\2017\100216\Hunters Pass - 1 RCA.docx
Meeting Date: October 2, 2017
September 25, 2017
SUBJECT: PLANNING - HUNTERS PASS 3RD ADDITION – PRELIMINARY AND FINAL PLAT AND
PLANNED UNIT DEVELOPMENT AMENDMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2017-035 Hunters Pass Third Addition preliminary and
final plat and planned unit development (PUD) amendment.
BACKGROUND INFORMATION: Douglas Carlson Development has submitted an
application for preliminary and final plat and PUD amendment approval of Hunters Pass Estates
3rd Addition, of the Hunters Pass Estates PUD. Plat approval for Hunters Pass Estates was
originally attained by the Minnesota Development Agency, LLC in 2005. Sixty-three single
family lots were developed in the first addition of the development, and 12 lots were developed
in the second addition. The site is zoned R-1A (PUD), and is located within the Shoreland
Overlay District of Hunters Lake.
Protection of wetland areas associated with Hunters Lake is a priority for the subdivision, and
impacts how the development approaches side and rear setback, lot area, lot width, street ROW
width, and street width requirements. To facilitate the design, the subdivision received City
approval of a PUD to grant flexibility in lot area, width and setbacks.
The new preliminary plat and final plat are generally consistent with the 2005 plat with regard to
lot, block, and street design. Following recommendations of City staff, the depths of the lots
abutting the wetlands have been reduced to have the wetland buffer entirely outside the
individual lots. This is the reason for the new plats and PUD amendment.
KEY ISSUES:
Zoning. The site is zoned R-1A (PUD), and is located within the Shoreland Overlay District of
Hunters Lake. Hunters Lake is designated as a Natural Environment Lake.
Plat and PUD approval of the Hunters Pass Estates subdivision in 2005 allowed for reduced lot
areas and setbacks to allow for implementation of the coved subdivision design and increased
protection of wetland areas. Approval at that time permitted side yard setbacks of 5 feet on the
garage side and 10 feet on the living space side (interior lots), 30-foot side yard setbacks on
corners, front yard setbacks of +/- 30 feet, and rear setbacks of a minimum of 30 feet.
At the recommendation of City staff, the preliminary and final plats have been slightly modified
to remove the required 20 foot wetland buffer area from the individual lots and have it be platted
within the outlot. As a result of this change, the applicant has requested an adjustment in the
building setbacks as follows:
Agenda Page 73
Mayor and Council Request for Action – (October 2, 2017)
Hunters Pass 3rdAddition Preliminary and Final Plat and PUD Amendment Page 2 of 3
P:\City Council\Council Packet Information\2017\100216\Hunters Pass - 1 RCA.docx
Meeting Date: October 2, 2017
Front Yard: Principal Building/Garage 30 feet
Porch 20 feet
Side Yard: Principal Building 10 feet
Garage Side 5 feet
Street 30 feet
Rear Yard: Lots 1, 2, 3, Block 1 10 feet
Lots 3, 4, Block 2 10 feet
All Other Lots 30 feet
The PUD amendment is needed to allow these setback variances. The same setbacks were
previously approved within Hunters Pass 2nd Addition. Staff endorses the PUD amendment.
Circulation/Access/Street Design. The applicants are proposing to access the subdivision from
70th Street NE. The subdivision will also connect to Lakewood Drive and Lakewood Court of
the Towne Lakes 7th Addition. All streets meet City standards for right-of-way and street width.
Wetland Protection. The applicant has delineated the wetlands on the site. Proposed lots are
located outside of the existing wetland boundary, and wetland areas have been designated as
Outlot A and Outlot B, which will be maintained as a permanent drainage and utility easements.
Homeowners Association. All property owners in the Hunters Pass Estates 1st Addition and 2nd
Addition are part of the Hunters Pass Estates Homeowners Association (HOA). The HOA
adopted a set of architectural guidelines to guide Phase 1 lot and subdivision design. The
applicant shall apply to have all the number lots in the Third Addition to become part of the
Hunters Pass HOA, unless the City receives written documentation from the Hunters Pass HOA
declining membership to these lots.
POLICY CONSIDERATIONS: In accordance with State Law, public notice was published
and a public hearing held on September 12, 2017 by the Planning Commission for the
preliminary and final plat application. The Commission recommended that the City Council
approve the application based on the findings and recommendations of the September 7, 2017
Planner’s Report.
FINANCIAL CONSIDERATIONS: The applicant shall be responsible for all costs associated
with the preliminary and final plat. There are no significant financial issues related to the
preliminary and final plat.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and
Council have the authority approve the plat request, which requires a majority vote of the City
Council and becomes effective upon publication.
Agenda Page 74
Mayor and Council Request for Action – (October 2, 2017)
Hunters Pass 3rdAddition Preliminary and Final Plat and PUD Amendment Page 3 of 3
P:\City Council\Council Packet Information\2017\100216\Hunters Pass - 1 RCA.docx
Meeting Date: October 2, 2017
Responsible Person/Title: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution No. 2017-PWD
Planning Report dated September 7, 2017
Email from Hunters Pass HOA
Agenda Page 75
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2017-035
RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT AND
PLANNED UNIT DEVELOPMENT AMENDMENT FOR HUNTERS PASS
THIRD ADDITION LOCATED ALONG COUNTY ROAD 38
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Douglas Carlson Development has submitted an application for a
preliminary and final plat for a planned unit development (PUD) amendment at the property
located along County Road 38 with Parcel Identification number 101-144-000020; and
WHEREAS, City Staff has reviewed submitted plans and prepared a planning report
dated September 7, 2017; and
WHEREAS, the Albertville Planning and Zoning Commission met and held a public
hearing on September 12, 2017, to consider the application for a preliminary and final plat; and
WHEREAS, upon considering the application materials, the September 7, 2017 planning
report, and public testimony the Planning Commission closed the public hearing and
recommended that the City Council approve the plans with conditions of the planning report; and
WHEREAS, the Albertville City Council met on October 2, 2017 to consider the
preliminary and final plat PUD application; and
WHEREAS, the Albertville City Council has received Douglas Carlson Development’s
application materials including a site plan; staff review documents; the Planning Commission
recommendation; and agrees with the findings and recommendation of the Planning Commission
and the September 7, 2017 planning report.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the preliminary plat and final plat PUD amendment based on plans
dated August 15, 2017, subject to the following conditions:
1. The grading, drainage, and utility plans are subject to review and approval by the City
Engineer.
2. Applicant shall install and maintain wetland demarcation signage at the boundaries of the
wetland buffer. The sign and sign location shall be approved by the City Engineer.
3. Provide a park dedication fee totaling $3,300 per individual lot, to be paid prior to the
release of the final plat for filing.
4. The applicant adheres to the following setbacks in the 3rd Addition:
Agenda Page 76
City of Albertville, MN
Resolution No. 2017-035
October 2, 2017
Page 2
a. Thirty foot front yard setback from the public right-of-way for the principal
structure
b. Twenty foot front yard setback for a porch
c. Ten foot side yard setback for the principal structure
d. Five foot side yard setback for the garage
e. Thirty foot side yard setback from the public right-of-way
f. Ten foot rear yard setback for the following lots:
1) Lot 3, Block 2
2) Lot 4, Block 2
3) Lot 1, Block 1
4) Lot 2, Block 1
5) Lot 3, Block 1
g. Thirty foot rear yard setback for all remaining lots
5. The applicant shall apply to the existing Hunters Pass homeowners association to have all
numbered lots included in the Hunters Pass homeowners association. If accepted, all new
homes shall adhere to the homeowners association declarations, bylaws, and architectural
guidelines.
6. The applicant is required to enter into a PUD agreement that demonstrates that Hunters
Pass Estates 3rd Addition will implement and adhere to applicable conditions provided in
the agreement. Further, the developer will provide all necessary security terms as
needed.
7. To remain at least three feet above Hunter Lake’s OHWL of 947.3, low floor elevation
for all homes in the proposed development must be at 950.3 feet in elevation or higher.
Adopted by the City Council of the City of Albertville this 2nd Day of October, 2017.
_____________________________
Jillian Hendrickson, Mayor
ATTEST:
___________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 77
NORTHWEST ASSOCIATED CONSULTANTS, INC.
__________________________________________________________________
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
36
PLANNING REPORT
TO: Adam Nafstad
FROM: Alan Brixius / Ryan Grittman
DATE: September 7, 2017
RE: Albertville – Hunters Pass Estates 3nd Addition
FILE: 163.06 – 17.09
BACKGROUND
Douglas Carlson Development has submitted an application for Preliminary and Final Plat
approval of Hunters Pass Estates 3rd Addition, of the Hunters Pass Estates PUD. Plat
approval for Hunters Pass Estates was originally attained by the Minnesota Development
Agency, LLC in 2005. Sixty-three single family lots were developed in the first addition of
the development, and 12 lots were developed in the second addition. The site is located to
the west of the existing homes of Hunters Pass Estates, and is bounded on the north by
70th Street (CSAH 38), on the south by Hunters Lake and on the west by the Towne Lakes
development. The site is zoned R-1A (PUD), and is located within the Shoreland Overlay
District of Hunters Lake.
The Hunters Pass Estates subdivision is based on a concept known as “coving.” Coved
subdivisions utilize curvilinear street patterns and varied front yard setbacks as a means of
providing more visual open space and unique streetscape appearance. Protection of
wetland areas associated with Hunters Lake is also a priority for the subdivision, and
impacts how the development approaches side and rear setback, lot area, lot width, street
ROW width, and street width requirements. To facilitate the coved design the subdivision
received City approval of a PUD to grant flexibility in lot area, width and setbacks.
Attached for reference:
Exhibit A: Preliminary Plat / Existing Conditions
Exhibit B: Landscape Plan
Exhibit C: Final Plat
Exhibit D: Hunters Pass Architectural Standards dated June 2, 2005
Agenda Page 78
37
ISSUES ANALYSIS
Existing Conditions. The site is located in the northwest corner of Albertville. Hunters
Lake isolated this site from the remainder of the City. Phase I and Phase II of the Hunters
Pass Estates development has already been completed. The current proposal for the third
addition of development is 18 new lots on two cul-de-sacs. The original approval had the
shoreland lots contain the wetland buffer. The developer is now proposing to have the
shoreland buffer part of the outlot to comply with more contemporary standards.
Comprehensive Plan. The Comprehensive Plan designates the site for Low Density
Residential Development, of which the proposed development is consistent. The applicant
is proposing a single-family subdivision utilizing a “coving” design that integrates with the
site’s natural features. The design will require flexibility from the R-1A District setback
standards (the lot is too close to the OHWL).
Wetland Buffer. The project includes a wetland buffer from Hunters Lake. The buffer will
require flexibility due to the reduced setback that the applicants are requesting. The
Planning Commission and the City Council have the authority to grant flexibility in the
zoning district requirements by way of PUD.
Zoning. The site is zoned R-1A (PUD), and is located within the Shoreland Overlay District
of Hunters Lake. Hunters Lake is designated as a Natural Environment Lake. The
following setback and lot standards are applicable to developments within the R1-A, PUD
and Shoreland Management Overlay District:
Hunters Pass 3rd Addition
R-1A District Requirement PUD Approved
Minimum Lot Area 15,000 sq. feet 8,728 feet – 16,027 feet
Avg. 11,989 feet
Minimum Lot Width (Interior) 100 feet 37 feet – 139 feet
Minimum Lot Width (Corner) 120 feet 57 feet – 105 feet
Front Setback 30 feet 30 feet or greater
Side (Interior) Setback 10 feet Greater than 10 feet
Side (Interior Garage) Setback 5 feet 5 feet or greater
Side (Corner) Setback 30 feet 30 feet*
Rear Principal Setback 25 feet Greater than 25 feet
Rear Accessory Setback 10 feet Shall meet requirement.
Maximum Building Height 35 feet Shall meet requirement.
Maximum Building Lot Coverage 25% Shall meet requirement.
Maximum Units per Acre 2.9 units per acre 0.7 units per acre
Shoreland Overlay District (PUD)
Structure Setback from OHWL 75 feet Less than 75 feet**
Lot Coverage by Impervious Surface Max. 30% Shall meet requirement.
Project Area Open Space Coverage Min. 50% Shall meet requirement.
Wetland Buffer 30 feet Shall meet requirement.
*may require variance on a case by case basis
**will require variance for Lot 5, Block 1; Lot 1, Block 2; and Lot 3, Block 2
Agenda Page 79
38
Plat and PUD approval of the Hunters Pass Estates subdivision in 2005 allowed for
reduced lot areas and setbacks to allow for implementation of the coved subdivision design
and increased protection of wetland areas. Approval at that time permitted side yard
setbacks of 5 feet on the garage side and 10 feet on the living space side (interior lots), 30-
foot side yard setbacks on corners, front yard setbacks of +/- 30 feet, and rear setbacks of
a minimum of 30 feet.
As demonstrated in Exhibit C, setbacks for Hunters Pass Estates 3rd Addition lots coincide
with setbacks approved in the original plat, with the exception of rear setbacks. Lots in
Block 1 have been reduced in size to provide for a wetland buffer within the outlot rather
than in the adjoining lots. This reduction in rear setbacks is tied to a reduction in rear lot
depth on wetland lots. To allow for a wetland buffer area external to lots, the rear property
lines on wetland lots have been moved in 20 feet, resulting in a reduced yard. With a
minimum 10-foot rear setback, and a 20-foot wetland buffer, homes will be placed at least
30-feet from the wetland boundary. This is the same wetland setback that was required in
Phase I and Phase II, it is attained by allowing reduced rear setbacks within lots, which
provides for a protected wetland buffer area in the outlot. The following table shows the
setbacks for Hunters Pass 3rd Addition:
Hunters Pass 3rd Addition
Setbacks for Homes
Lot and Block Front Yard Garage Side House Side Yard
Block 1
Lot 1 30 feet 15 feet 15 feet 38 feet
Lot 2 30 feet 10 feet 10 feet 25 feet*
Lot 3 38 feet 5 feet 10 feet 40 feet
Lot 4 48 feet 5 feet 10 feet 42 feet
Lot 5 50 feet 5 feet 35 feet 48 feet
Block 2
Lot 1 30 feet 10 feet 42 feet 50 feet
Lot 2 30 feet 35 feet 20 feet 45 feet
Lot 3 30 feet 15 feet 42 feet 25 feet*
Lot 4 30 feet 20 feet 25 feet 20 feet*
Lot 5 30 feet 12 feet 15 feet 75 feet
Lot 6 30 feet 7 feet 12 feet 70 feet
Lot 7 30 feet 5 feet 12 feet 50 feet
Lot 8 38 feet 5 feet 12 feet 50 feet
Lot 9 55 feet 5 feet 15 feet 25 feet*
Block 3
Lot 1 30 feet 5 feet 12 feet 52 feet
Lot 2 30 feet 5 feet 10 feet 75 feet
Lot 3 30 feet 5 feet 12 feet 80 feet
Lot 4 30 feet 30 feet 10 feet 82 feet
*will require exception to the wetland buffer setback under the PUD
The numbers in the table above show that some of the lots will have a smaller setback from
the wetland buffer than the required setback from the original Hunters Pass. The Planning
Agenda Page 80
39
Commission must decide if these reduced setbacks are acceptable. The original Hunters
Pass had the following setback requirements:
Hunters Pass Phase I
Setbacks
Front Yard 30 feet
Side Yard (Garage) 5 feet
Side Yard (House) 10 feet
Side Yard (Street Side) 30 feet
Rear Yard 30 feet
All homes shall be designed to allow decks and porches to fit within the required building
setbacks. This provision shall be included within the Hunters Pass Estates Architectural
Guidelines and PUD Agreement.
Lot Design.
Low Floor Elevation. Low floor elevations for parcels on lakes must be a minimum of three
feet above the Ordinary High Water Level (OHWL). The OHWL for Hunters Lake is 947.3,
in which case the minimum low floor elevation is 950.3 feet. All building pads in the
proposed development meet this requirement.
Steep Slopes. The site contains areas of steep slopes exceeding a 12% grade, particularly
in lots abutting Hunters Lake. The City Engineer must evaluate possible soil erosion
impacts and development visibility from public waters before issuing a permit for
construction of roads, driveways, structures, or their improvements on steep slopes. When
determined necessary, conditions must be attached to issued permits to prevent erosion
and to preserve existing vegetation screening of structures, vehicles, and other facilities as
viewed from the surface of public waters, assuming summer, leaf-on vegetation. The
applicant must adhere to any recommendations the City Engineer makes in these regards.
Circulation/Access/Street Design. The applicants are proposing to access the
subdivision from 70th Street NE. The subdivision will also connect to Lakewood Drive and
Lakewood Court of the Towne Lakes 7th Addition. The final street design is subject to the
review and approval of the City Engineer.
Grading and Drainage. The applicant shall submit grading, drainage, and utility plans
which are subject to the review and approval of the City Engineer.
Wetland Protection. The applicant has delineated the wetlands on the site. Proposed lots
are located outside of the existing wetland boundary, and wetland areas have been
designated as Outlot A and Outlot B, which will be maintained as a permanent drainage
and utility easements. The applicant shall install signs along the sides of the wetland
demarking the edge of the wetland buffer. The signs and sign locations shall be subject to
the approval of the City Engineer.
Agenda Page 81
40
Landscaping. The applicant has provided a landscaping plan. The Zoning Ordinance
requires that one shade or evergreen tree be planted per residential lot, which will be
required as part of the developer’s agreement. The applicant has provided plantings along
70th Street NE where no outlot exists. City Code requires that all lots backing onto 70th
Street must contain a minimum 20-foot in depth vegetative buffer consisting of staggered
planting that meet the City’s screening requirements. The landscaping plan is generally
consistent with the landscaping plans from Phase I and Phase II. Further, the landscaping
plan meets the City’s requirements for buffer areas.
Park Dedication. According to Section 11-7-8-2 of City Code, the applicants are required
to dedicate to the city for park, playground, and public open space purposes a minimum
amount of land or cash, or a combination of the two. A cash dedication of $3,300 per
single-family lot will be required for this development. The required dedication shall be
made prior to the city's release of the final plat for filing.
Homeowners Association. All property owners in the Hunters Pass Estates 1st Addition
and 2nd Addition are part of the Hunters Pass Estates Homeowners Association (HOA).
The HOA adopted a set of architectural guidelines to guide Phase 1 lot and subdivision
design. Phase II followed architectural guidelines provided in Phase I of development, and
joined the Hunters Pass Estates HOA. Hunter’s Pass Third Addition will adhere to the
architectural standards put forth by the existing homeowner’s association. The Third
Addition shall be required to become part of the HOA, unless the City receives written
documentation from the Hunters Pass HOA declining membership to these lots.
RECOMMENDATION
Upon review of the proposed Preliminary and Final Plat for Hunters Pass Estates 3nd
Addition, it is staffs’ view that the proposed 18 single-family lots are consistent with the
intent of the comprehensive plan for the subject area. Staff recommends approval of the
proposed plat subject to the following conditions:
1. The grading, drainage, and utility plans are subject to review by the City Engineer.
2. Applicant shall install and maintain wetland demarcation signage at the boundaries
of the wetland buffer. The sign and sign location shall be approved by the City
Engineer.
3. Provide a park dedication fee totaling $3,300 per individual lot, to be paid prior to the
release of the final plat for filing.
4. Approval of the following setbacks in the 3rd Addition:
Agenda Page 82
41
Hunters Pass 3rd Addition
Setbacks for Homes
Lot and Block Front Yard Garage Side House Side Yard
Block 1
Lot 1 30 feet 15 feet 15 feet 38 feet
Lot 2 30 feet 10 feet 10 feet 25 feet
Lot 3 38 feet 5 feet 10 feet 40 feet
Lot 4 48 feet 5 feet 10 feet 42 feet
Lot 5 50 feet 5 feet 35 feet 48 feet
Block 2
Lot 1 30 feet 10 feet 42 feet 50 feet
Lot 2 30 feet 35 feet 20 feet 45 feet
Lot 3 30 feet 15 feet 42 feet 25 feet
Lot 4 30 feet 20 feet 25 feet 20 feet
Lot 5 30 feet 12 feet 15 feet 75 feet
Lot 6 30 feet 7 feet 12 feet 70 feet
Lot 7 30 feet 5 feet 12 feet 50 feet
Lot 8 38 feet 5 feet 12 feet 50 feet
Lot 9 55 feet 5 feet 15 feet 25 feet
Block 3
Lot 1 30 feet 5 feet 12 feet 52 feet
Lot 2 30 feet 5 feet 10 feet 75 feet
Lot 3 30 feet 5 feet 12 feet 80 feet
Lot 4 30 feet 30 feet 10 feet 82 feet
5. Applicant shall adhere to established architectural standards (design guidelines) for
the Hunters Pass subdivision, as adopted by the Hunters Pass Estates Homeowners
Association.
6. Following final plat approval, the entire plat shall be brought into the Hunters Pass
Estates HOA at the time of recording. The developer and Third Addition
homeowners shall adhere to the HOA declaration, bylaws, rules, and any
addendums to said standards, unless the current HOA declines membership of the
Third Addition.
7. The applicant is required to enter into a PUD agreement that demonstrates that
Hunters Pass Estates 3rd Addition will implement and adhere to applicable
conditions provided in the original Hunters Pass Estates PUD agreement. Further,
the developer will provide all necessary security terms as needed.
8. To remain at least three feet above Hunter Lake’s OHWL of 947.3, low floor
elevation for all homes in the proposed development must be at 950.3 feet in
elevation or higher.
9. The applicant shall address any additional comments from City Staff.
Agenda Page 83
42
c. Kim Olson
Maeghan Becker
Paul Heins
Mike Couri
Douglas Carlson Development, Applicant
Agenda Page 84
EXHIBIT A43Agenda Page 85
EXHIBIT A44Agenda Page 86
CIVIL ENGINEERINGSITE DESIGNHUNTERS PASS ESTATESTHIRD ADDITIONRESIDENTIAL DEVELOPMENTEXHIBIT B45Agenda Page 87
EXHIBIT C46Agenda Page 88
EXHIBIT D47Agenda Page 89
From: Anna Dunn [mailto:anna.dunn@associa.us]
Sent: Friday, September 22, 2017 10:23 AM
To: Alan Brixius
Cc: henry@dougcarlsondev.com; sdahlke@civilesd.com
Subject: RE: HUE- Development Application for Hunters Pass 3rd Addn
You are correct. While we understand that it might not be able to happen, we just wanted to see if that
would be something that would be considered.
Thanks,
Anna Dunn, CMCA®
Senior Community Manager
Associa Minnesota
7100 Northland Circle N. Suite 300, Brooklyn Park, MN 55428
Main: 763-225-6400
Customer Service: 763-746-1188
Associa® – Delivering unsurpassed management and lifestyle services to communities worldwide.
Learn more at www.associaminnesota.com / Follow us at
http://www.facebook.com/AssociaMinnesota/
From: Alan Brixius [mailto:abrixius@nacplanning.com]
Sent: Friday, September 22, 2017 10:21 AM
To: Anna Dunn
Cc: henry@dougcarlsondev.com; sdahlke@civilesd.com
Subject: RE: HUE- Development Application for Hunters Pass 3rd Addn
Anna: to be clear on the HOA decision;
1. They do not want the 3rd addition to be part of their HOA.
2. They want the city to impose the HOA’s Architectural guidelines.
3. They want the city to impose the HOA’s rules on outdoor Storage.
Is this correct?
The city does not usually enforce HOA rules or deed restrictions.
From: Anna Dunn [mailto:anna.dunn@associa.us]
Sent: Friday, September 22, 2017 10:13 AM
To: Alan Brixius
Cc: anafstad@ci.albertville.mn.us
Subject: HUE- Development Application for Hunters Pass 3rd Addn
Hi Alan,
On behalf of the Hunters Pass Estates Board of Directors and Homeowners Association, please be
advised of the decision that has been made to deny the 3rd addition into the Hunters Pass Estates HOA
pending that all homes built abide to the same architectural guidelines as the existing homes within
Hunters Pass Estates and the original Planned Unit Development.
Agenda Page 90
We do ask that there is consideration written into the city approvals for this proposed development to
not allow the outdoor storage of campers, trailers, garbage cans etc. and that it becomes a standard
guideline in order to preserve the appearance of all neighborhoods within the immediate residential
area.
Thank you.
As directed by the Hunters Pass Estates Board of Directors,
Anna Dunn, CMCA®
Senior Community Manager
Associa Minnesota
7100 Northland Circle N. Suite 300, Brooklyn Park, MN 55428
Main: 763-225-6400
Customer Service: 763-746-1188
Associa® – Delivering unsurpassed management and lifestyle services to communities worldwide.
Learn more at www.associaminnesota.com / Follow us at
http://www.facebook.com/AssociaMinnesota/
From: Alan Brixius [mailto:abrixius@nacplanning.com]
Sent: Thursday, September 21, 2017 2:08 PM
To: Anna Dunn
Subject: FW: Development Application for Hunters Pass 3rd Addn
Anna, I just recognized that my past emails were to the wrong address. Could you please inform me of
the outcome of the last Hunter’s pass HOA meeting and whether they want the 3rd addition to be part of
their HOA.
From: Alan Brixius
Sent: Tuesday, September 19, 2017 2:51 PM
To: anna.dunn@associa.com
Subject: FW: Development Application for Hunters Pass 3rd Addn
Anna: could you please let me know the outcome of the hunter’s Pass HOA meeting discussion
regarding the current Hunter’s Pass 3rd Addition subdivision. I need to prepare this application for the
council meeting on October 2nd.
From: Alan Brixius
Sent: Thursday, September 07, 2017 12:25 PM
To: 'anna.dunn@associa.us'
Subject: FW: Development Application for Hunters Pass 3rd Addn
From: Alan Brixius
Sent: Thursday, September 07, 2017 12:11 PM
To: 'annadunn@associa.us'
Cc: sdahlke@civilesd.com; henry@dougcarlsondev.com; anafstad@ci.albertville.mn.us;
Agenda Page 91
mike@couriruppe.com; Ryan Grittman (rgrittman@nacplanning.com)
Subject: FW: Development Application for Hunters Pass 3rd Addn
Anna: Hunters Pass was approved in 2005 as a Planned Unit Development Residential
neighborhood. Along with the PUD, zoning the city required a HOA to be created to manage and
maintain Common elements in the subdivision ( Monument signs, shoreland/ wetland markers,
perimeter berms, trails , sidewalks and cul-de-sac islands. As each new addition was approved it was
required to join the established HOA. Now the 3rd addition of Hunters Pass is being considered by the
city. We have been told that the Hunters Pass HOA does not want the 3rd addition as part of the HOA, in
our conversation you informed me that this decision has not yet been decided yet and will be
considered next Wednesday night. Attached for your information is copies of the current Hunters Pass
3rd addition application and plat drawings for your review.
This application will be going to the Albertville Planning Commission on September 12th. My report will
require the plat to join the current HOA unless we receive documentation that Hunters Pass HOA does
not want these lots in the association. After planning commission this will go to Council on October 2nd,
please inform me in writing of the HOA’s decision after Wednesday’s meeting. Thank you for your
assistance in this manner.
From: Maeghan Becker [mailto:mbecker@ci.albertville.mn.us]
Sent: Tuesday, August 15, 2017 2:58 PM
To: Alan Brixius; mike@couriruppe.com; Adam Nafstad
Cc: Tina Lannes; Kim Olson
Subject: Development Application for Hunters Pass 3rd Addn
Hello, Enclosed is the development application and plans for Hunters Pass 3rd Addn. Let me know if you need anything else. Thanks, have a great day!
Maeghan Becker
Building Permit Tech
Albertville City Hall
mbecker@ci.albertville.mn.us
Phone: 763.497.3384 Ext 103
Fax: 763.497.3210
Agenda Page 92
1
CITY OF ALBERTVILLE
CONDITIONAL USE /PLANNED UNIT DEVELOPMENT AGREEMENT
HUNTERS LAKE ESTATES
THIS AGREEMENT, entered into this ______ day of October, 2017 by and
between Carlson Dingman & Hansen, LLC, a Minnesota Limited Liability Company
referred to herein as “Developer”; and the CITY OF ALBERTVILLE, County of
Wright, State of Minnesota, hereinafter referred to as “City”;
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of the real property
described in Exhibit A, attached hereto and incorporated herein by reference, which
real property is proposed to be subdivided and platted for development and which
real property is subject to the provisions of this Agreement; and
WHEREAS, Developer is proposing to subdivide a portion of Outlot C of
Hunters Pass Estates into 18 single-family residential lots and 2 Outlots, which are
described on the attached Exhibit A. Said subdivision which is to be governed by
this Agreement is intended to bear the name “Hunters Lake Estates” and shall be
hereinafter referred to in its entirety as “Said Plat” or “Subject Property”; and
WHEREAS, the City has given final approval of Developer’s plat of Hunters
Lake Estates (attached hereto as Exhibit B) contingent upon compliance with certain
City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading,
sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter
“Municipal Improvements”) be installed to serve the Development, to be installed
and financed by Developer; and
Agenda Page 93
2
WHEREAS, the City further requires that certain on- and off-site
improvements be installed by the Developer within Said Plat, which improvements
consist of boulevards, top soil and sod, grading control per lot, bituminous or
concrete driveways, drainage swales, berming, street signs, street lights, street
cleanup during project development, erosion control, landscaping, and other site-
related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning the development of Said Plat and the conditions
imposed thereon; and
WHEREAS, the City and Developer’s predecessor in title have previously
entered into a Developer’s Agreement titled “City of Albertville Conditional Use/
Planned Unit Development Agreement Hunters Pass Estates” dated August 12, 2005
and recorded as document number 984963 at the Wright County Recorder’s Office
(“Master Agreement”) under which the City granted preliminary plat approval to the
plan for the area covered by said Master Agreement; and
WHEREAS, Said Plat is governed by the Master Agreement, except as may
be explicitly modified herein; and
WHEREAS, the City and Developer desire to supplement the Master
Agreement with the site specific details applicable to Hunters Lake Estates, as
evidenced by the execution of this Agreement; and
WHEREAS, the City and Developer desire to have this Agreement and the
Master Agreement read together as if the entire Master Agreement were recited
herein, with any conflicts between the two documents being resolved in favor of the
language set forth in this document;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party’s promises and considerations herein set
forth, as follows:
1. Preliminary Plat Master Agreement.
A. That certain Developer’s Agreement entitled “City of Albertville
Conditional Use/ Planned Unit Development Agreement Hunters Pass
Estates” (“Master Agreement”) between Hunters Development, LLC
and the City of Albertville, dated August 12, 2005 and recorded in the
Wright County Recorder’s Office as document number 984963 along
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with any recorded amendments is hereby incorporated herein the same
as if the text of said Agreement were contained within this document.
B. It is the intent of the parties that this Developer’s Agreement
(“Developer’s Agreement”) supplement the Master Agreement as to
the specific development issues related to Hunters Lake Estates, and
that these two documents be read together to determine the rights and
obligations of the parties with respect to the property contained within
the Hunters Lake Estates. In the event of a conflict between the terms
of the Master Agreement and this Developer’s Agreement, the terms
of this Developer’s Agreement shall control with respect to any
conflicting issues within Hunters Lake Estates, but any such conflicts
shall not alter the terms of the Master Agreement as they apply to other
plats, now existing or to be platted in the future, within the remaining
land area subject to the Master Agreement.
2. Planned Unit Development. The Subject Property is hereby allowed to be
developed as a Planned Unit Development with flexibility from the strict
requirements of the City’s Shoreline Regulations and Zoning Ordinance in
relation to selected items detailed in this paragraph.
A. Developer agrees that setbacks shall be consistent with the following
requirements:
i. Thirty foot front yard setback from the public right-of-way
for the principal structure
ii. Twenty foot front yard setback for a porch
iii. Ten foot side yard setback for the principal structure
iv. Five foot side yard setback for the garage
v. Thirty foot side yard setback from the public right-of-way
vi. Ten foot rear yard setback for the following lots:
1) Lot 3, Block 2
2) Lot 4, Block 2
3) Lot 1, Block 1
4) Lot 2, Block 1
5) Lot 3, Block 1
vii. Thirty foot rear yard setback for all remaining lots
B. Developer shall install trees, shrubs, berms and screening as shown on
the landscape plan attached as Exhibit D. The rear-yard landscaping
required of all yards abutting 70th Street shall be installed within 30
days of completion of mass final subdivision grading, weather
permitting. Any other landscaping shown on Exhibit D shall be
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installed no later than October 31, 2019. The Developer shall
guarantee that all new trees shall survive for two full years from the
time planting has been completed or will be replaced at the expense of
the Developer, except that 70th Street rear-yard landscaping shall be
replaced by the Developer if it dies prior to the issuance of an
occupancy permit for said lot even if such two-year period has elapsed.
C. Developer shall install and maintain wetland demarcation signage at
the boundaries of the wetland buffer. The sign design and sign
locations shall be approved by the City Engineer.
D. All buildings constructed on Said Plat shall adhere to established
architectural standards (design guidelines) for the Hunters Pass
subdivision, as adopted by the Hunters Pass Estates Homeowners
Association. All decks and/or porches shall be designed to fit within
the approved building setbacks set out in this Agreement.
E. All buildings constructed on Said Plat must be constructed at least
three feet above Hunters Lake’s ordinary high water level of 947.3
feet above sea level. The lowest floor elevation for all homes in the
Subject Property must be at an elevation of at least 951.3 feet above
sea level or higher.
F. Developer shall deed Outlots A and B of Said Plat to the City of
Albertville upon the recording of the final plat.
3. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Hunters Lake Estates, as prepared by Civil Engineering Site Design
dated __________ 2017 and on file with the City Clerk, said
improvements to include installation of bituminous street, curb and
gutter, sidewalks, water mains, sanitary and storm sewers, storm water
ponding and site grading. 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 September 30,
2018, except that the wear course of bituminous pavement must be
installed after between June 1st and July 31st of the year following the
installation of the base course of such bituminous pavement, even if
this requirement causes the wear course to be installed after September
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30, 2018.
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 Said
Plat. Should Developer fail to provide the City with all applicable lien
waivers, the City reserves the right to draw upon Developer's surety
after providing Developer with 30 days written notice and pay any
contractors who performed work on any Municipal Improvements and
whom Developer has failed to fully pay for the performance of said
work.
E. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City may
deem necessary) during the construction and installation of said
Municipal Improvements. Developer agrees to pay for all costs
incurred by the City during said inspections.
F. The Developer shall be responsible, at Developer’s expense, for
plowing snow from all streets in Said Plat that do not have wear course
installed. Such plowing shall be done in a manner and on a timeline
consistent with the way the City plows its other residential streets.
Developer shall be responsible for repairing all damage which occurs
to streets and utilities as a result of snow plowing when such streets do
not have the wear course of bituminous installed.
4. Construction of On- and Off-Site Improvements.
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A. Developer shall construct all on- and off-site improvements including
installation of paved streets, curb and gutter, boulevards, street signs,
traffic signs, yard top soil, sod and seed in all yards, landscaping,
grading control per lot, bituminous or concrete driveways, drainage
swales, berming, and like items as necessary, street cleanup during
project development, and erosion control, all as required by City
ordinance, this Agreement and the Master Agreement. Front, side and
portions of the back yards of residential lots shall be sodded in
accordance with the Residential Development Standards as on file
with the City Administrator’s Office. Those portions of the yards not
required to be sodded may be seeded with grass seed or sodded. In all
cases permanent turf or grass must be established over all areas of the
lot not covered by a hard or impervious surface. The Developer shall
guarantee that all new plantings shall survive for two full years from
the time the planting has been completed or will be replaced at the
expense of the Developer. Said on- and off-site improvements shall be
installed no later than September 30, 2018, with the exception of
erosion control, drainage swales and berming, which shall be installed
upon initial grading of Said Plat, and except that the driveways and sod
need not be installed in a lot until that lot is developed (provided
adequate ground cover has been established prior to the development
of such lot).
B. Developer shall, at its own expense, be responsible to ensure following
items are installed within the Subject Property, all such items to be
installed under ground, within the street right of way or such other
location as may be approved by the City Engineer, accessible to all lots
and in compliance with all applicable state and local regulations:
i. Electrical power supply, to be provided by Wright-Hennepin or
other such carrier;
ii. Natural gas supply, to be provided by Center Point Energy or
other such carrier;
iii. Telephone service, to be provided by Century Link Telephone
Company or other such carrier;
iv. Cable TV service, to be provided by a local carrier;
In addition, the Developer shall, at its own expense, cause streetlights
and street signs to be of such type and to be installed at such locations
as required by the City Engineer and in conformance with the Manual
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on Uniform Traffic Control Devices. The Developer shall be
responsible for streetlight operational expense until such time as the
City accepts the Municipal Improvements.
C. Before any grading is started on any site, all erosion control measures
as shown on the approved Grading, Drainage and Erosion Control
Plan attached as Exhibit E shall be strictly complied with. Developer
shall maintain erosion control measures in accordance with MPCA’s
Best Management Practices at all times during the development of
Said Plat.
D. Notwithstanding the requirements of subparagraphs 2C, 2D and 4A
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 for each lot or
parcel prior to the date that a certificate of occupancy (temporary or
permanent) is issued by the City for a building located on the lot,
unless the certificate of occupancy is issued after October 1st and
before March 30th in any given year, in which case a certificate of
occupancy shall be issued with the requirement that the Developer be
required to install said on-and off-site items for such lot by the
following June 30th.
E. Developer shall install storm water retention/water quality ponds and
basins upon Said Plat as shown on the Grading, Drainage and Erosion
Control Plan attached as Exhibit E. Said ponds and basins shall be
dedicated to the City, and Developer shall provide the City with
perpetual drainage easements over such ponds. Said retention ponds
and basins shall be installed prior to the installation of utilities
5. Intended Use of Subdivision Lots. It is the Developer's and City's intent that
a total of 18 single family units be constructed on Said Plat, with one single
family home on each lot as well as any accessory structures permitted under
the City’s zoning ordinance, this Agreement or the Master Agreement.
6. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the
obligations of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of $388,800.00
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($370,800.00), $1,500.00 per acre for erosion control
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on and off-site improvements, and 150% of the estimated cost for
landscaping/screening materials ($6,000.00). Said letter of credit or
surety must meet the approval of the City attorney as to form and
issuing bank (the issuing bank must be an FDIC insured bank located
within 100 miles of the City of Albertville), and must be available in
its entirety to fulfill the obligations of the Developer under this
Agreement. The letter of credit to the City shall contain language
requiring its automatic renewal prior to December 31 of each calendar
year, unless cancellation of the letter of credit is specifically approved
in writing by the City.
B. The City may draw on said letter of credit or surety after required
written notice to complete work not performed by Developer
(including but not limited to on- and off-site improvements, Municipal
Improvements described above, erosion control, and other such
measures), to pay liens on property to be dedicated to the City, to
reimburse itself for costs incurred in the drafting, execution,
administration or enforcement of this Agreement, to repair or correct
deficiencies or other problems which occur to the Municipal
Improvements during the warranty period, or to otherwise fulfill the
obligations of Developer under this Agreement. Said letter of credit
must be maintained by Developer at all times at the level provided in
paragraph 6A above or a lesser amount authorized by the City Council
pursuant to paragraph 7B 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, the Developer
agrees that upon being billed by the City, 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 project as paid by the City.
D. Developer hereby agrees to allow the City to specially assess
Developer's property for any and all reasonable costs incurred by the
City in enforcing any of the terms of this agreement should
Developer's letter of credit or surety prove insufficient or should
Developer fail to maintain said letter of credit or surety in the amount
required above within 30 days of mailing of written request by the
City.
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E. That portion of said cash, irrevocable letter of credit or other surety
with respect to the performance of Site Improvements shall be released
upon certification of the City Engineer and approval of the City
Council that all such items are satisfactorily completed pursuant to this
Agreement.
F. In the event a surety referred to herein is in the form of an irrevocable
letter of credit, which by its terms may become null and void prior to
the time at which all monetary or other obligations of the Developer
are paid or satisfied, it is agreed that the Developer shall provide the
City with a new letter of credit or other surety, acceptable to the City,
at least forty-five (45) days prior to the expiration of the original letter
of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the terms of
this Agreement and thence draw in part or in total, at the City's
discretion, upon the expiring letter of credit to avoid the loss of surety
for the continued obligation. The form of any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to
its issuance.
G. 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.
7. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements and/or on- and
off-site Improvements, and/or landscaping improvements, and when it
is reasonably prudent, the Developer may request of the City that the
surety be proportionately reduced for that portion of the Municipal
Improvements and on- and off-site improvements and landscaping
improvements which have been fully completed and payment made
therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be
billed to the Developer. Such cost shall be paid to the City within
thirty (30) days of the date of mailing of the billing.
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B. The Developer may request of the City a reduction or release of any
surety as follows:
i. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements or the on-
and off-site improvements have been installed, the letter of
credit or surety may be reduced by the dollar amount
attributable to that portion of improvements so installed, except
that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the
Municipal Improvements during the first year of the warranty
period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the
warranty period. Developer may substitute a warranty bond
acceptable to the City Attorney for the warranty letter of credit
in the same amounts and duration as required for the warranty
letter of credit.
iii. When all or a portion of the landscaping improvements have
been installed pursuant to the Landscaping Plat attached as
Exhibit D, 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.
iii. As to all requests brought under this paragraph, the City
Council shall have complete discretion whether to reduce or not
to reduce said letter of credit or surety.
C. The costs incurred by the City in processing any reduction request
shall be billed to the Developer and paid to the City within thirty (30)
days of billing.
8. Abandonment of Project - Costs and Expenses.
In the event Developer should abandon the development of the Subject
Property, the City’s costs and expenses related to attorney’s fees, professional
review, drafting of this Agreement, preparation of the feasibility report, plans
and specifications, and any other expenses undertaken in reliance upon
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Developer’s various assertions shall be paid by said Developer within thirty
(30) days after receipt of a bill for such costs from the City. In addition, in the
event the Developer abandons the project, in whole or in part, ceases
substantial field work for more than nine (9) months, fails to provide
sufficient ground-cover to prevent continuing soil erosion from Said Plat, or
fails to leave the abandoned property in a condition which can be mowed
using conventional lawn mowing equipment, Developer agrees to pay all
costs the City may incur in taking whatever action is reasonably necessary to
provide ground-cover and otherwise restore Said Plat to the point where
undeveloped grounds are level and covered with permanent vegetation
sufficient to prevent continuing soil erosion from Said Plat and to facilitate
mowing of Said Plat. In the event that said costs are not paid, the City may
withdraw funds from the above-mentioned surety for the purpose of paying
the costs referred to in this paragraph.
9. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all
reasonable administrative, legal, planning, engineering and other professional
costs incurred in the creation, administration, enforcement or execution of this
Agreement and the approval of Said Plat, as well as all reasonable
engineering expenses incurred by the City in designing, approving, installing,
and inspecting said Improvements described above. Developer agrees to pay
all such costs within 30 days of billing by the City. If Developer fails to pay
said amounts, Developer agrees to allow the City to reimburse itself from said
surety and/or assess the amount owed against any or all of Said Plat without
objection. Developer has the right to request time sheets or work records to
verify said billing prior to payment.
10. Sanitary Sewer and Water Trunk Line Fees.
Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance
and Water Trunk Line Fee Ordinance currently requires the Developer to pay
$2,055.00 per acre and $1,925.00 per acre respectively, upon development of
said Plat. There are 8 acres in said Plat to which the Trunk Charges apply,
which received final plat approval. Therefore, the Sanitary Sewer and Water
Trunk Line Fees for the numbered lots receiving final plat approval are
$31,840.00 ($16,440.00 in sanitary sewer trunk line fees calculated as
$2,055.00 x 8 acres and $15,400.00 in water fees calculated as $1,925.00 x 8
acres).
11. Erosion and Sedimentation Control.
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Developer shall implement all erosion control measures detailed in the Storm
Water Pollution Prevention Plan (“SWPPP”) and on the Grading and Drainage
plan (including construction of all temporary and permanent ponds) in the order
required by the City Engineer. Developer shall also implement any additional
erosion control measures required by the City Engineer, and shall abide by all
erosion control requirements contained in the Albertville Subdivision ordinance
and as required by the NPDES Construction Stormwater Permit for the project.
The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the erosion control plan and/or the requirements
of the NPDES Construction Stormwater Permit, the City may take such action as
it deems appropriate to control erosion, and the landowner hereby grants the City
permission to enter upon the land and take such necessary erosion control
actions. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's
and City's rights or obligations hereunder. If the Developer does not reimburse
the City for any cost the City incurred for such work within thirty (30) days, the
City may draw down the letter of credit to pay any costs or may specially assess
Developer’s land for the costs not covered by the letter of credit. No
development will be allowed and no building permits will be issued unless the
development is in full compliance with the erosion control requirements.
12. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from Said Plat may drain,
and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
13. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage or
repairs which may occur to public property including but not limited to
streets, street sub- base, base, bituminous surface, curb, utility system
including but not limited to watermain, sanitary sewer or storm sewer when
said damage occurs as a result of the construction activity which takes place
during the development of Said Plat, including the initial construction of
homes on the lots. The Developer further agrees to pay all costs required to
repair the streets, utility systems and other public property damaged or
cluttered with debris when occurring as a direct or indirect result of said
construction that takes place in Said Plat.
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Developer agrees to clean the streets on a daily basis if required by the
City. Developer further agrees that any damage to public property occurring
as a result of construction activity on Said Plat will be repaired immediately
if deemed to be an emergency by the City. Developer further agrees that
any damage to public property as a result of construction activity on Said
Plat will be repaired within 14 days if not deemed to be an emergency by
the City.
If Developer fails to so clean the streets or repair or maintain said public
property, the City may immediately undertake making or causing it to be
cleaned up, repaired or maintained. When the City undertakes such activity,
the Developer shall reimburse the City for all of its expenses within thirty
(30) days of its billing to the Developer. If the Developer fails to pay said bill
within thirty (30) days, then the City may specially assess such costs against
the lots within Said Plat and/or take necessary legal action to recover such
costs and the Developer agrees that the City shall be entitled to attorney’s fees
incurred by the City as a result of such legal action.
14. Temporary Easement Rights.
Developer shall provide access to Said Plat at all reasonable times to the City
or its representatives for purposes of inspection or to accomplish any
necessary work pursuant to this Agreement.
15. Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are items for which Developer is responsible for
completing and all work shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Contract.
C. If building permits are issued prior to the completion and acceptance
of public improvements, the Developer assumes all liability and the
costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
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D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Contract shall not be a
waiver or release.
E. This Contract shall run with the land and shall be recorded against the
title to the property.
F. The Developer represents to the City that Said Plat complies with all
City, county, state and federal laws and regulations, including but not
limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that Said Plat does
not comply, the City may, at its option, refuse to allow construction or
development work on Said Plat until the Developer so complies.
Upon the City's demand, the Developer shall cease work on Said Plat
until there is compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on Said Plat, Developer shall provide the City with
evidence of good and marketable title to all of Said Plat. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of
title updated by an abstract company registered under the laws of the
State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
I. The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the
public health, safety and welfare.
J. Developer shall obtain all required driveway, utility and other permits
as required by the City Engineer, Wright County and/or the State of
Minnesota for the construction of the Municipal Improvements and the
On- and Off-Site Improvements.
16. Violation of Agreement.
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A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
give Developer thirty (30) days mailed notice thereof (via certified
mail), and if such default is not cured within said thirty (30) day
period, the City is hereby granted the right and the privilege to declare
any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run
from the date of deposit in the United States Mail. Upon failure to
cure by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations
under this Agreement, and bring legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all
costs and attorney's fees incurred in enforcing this agreement. The
City may also specially assess all said costs incurred upon default
against the properties in Said Plat pursuant to the terms of this
agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph
16(A) above, in the event that a default by Developer will reasonably
result in irreparable harm to the environment or to public property, or
result in an imminent and serious public safety hazard, the City may
immediately exercise all remedies available to it under this agreement
in an effort to prevent, reduce or otherwise mitigate such irreparable
harm or safety hazard, provided that the City makes good-faith,
reasonable efforts to notify the Developer as soon as is practicable of
the default, the projected irreparable harm or safety hazard, and the
intended actions of the City to remedy said harm.
C. Paragraph 16A of this section shall not apply to any acts or rights of
the City under the preceding paragraph 6F, and no notice need be
given to the Developer as a condition precedent to the City declaring a
default or drawing upon the expiring irrevocable letter of credit as
therein authorized. The City may elect to give notice to Developer of
the City's intent to draw upon the surety without waiving the City's
right to draw upon the surety at a future time without notice to the
Developer.
D. Breach of any of the terms of this Contract by the Developer shall be
grounds for denial of building permits.
17. Dedications to the City.
A. Municipal Improvement Dedications.
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The Developer, upon presentation to the City of evidence of good and
marketable title to Said Plat, and upon completion of all construction
work and certification of completion by the City Engineer, shall
dedicate all roads, road and trail right-of-ways, sidewalks, curbs,
drainage and utility easements, gutters, ponds, sewers and water mains
to the City. Upon acceptance of such dedication, Developer shall
provide to the City “As-Builts” of all sewers, water mains.
Acceptance by City of any dedication shall occur upon passage of a
resolution to such effect by the City Council.
B. Park, Trail and Outlot Dedications.
i. Developer agrees that the City’s Code currently requires
that the Developer to pay $3,300 per single-family lot to the
City as park dedication fees upon development of Said Plat.
There are 18 single-family lots within Said Plat. Therefore, the
park dedication fees for the development of Said Plat is
$59,400 (18 single-family lots x $3,300).
ii. Developer shall deed Outlots A and B to the City.
18. Administrative Fee. A fee for City administration of this project shall be
paid prior to the City executing the Plat and this Agreement. Said fee shall
be 3.5% of the estimated construction costs of the Municipal Improvements
within the Plat. The administrative fee for this Plat is $12,978.00.
19. Phased Development. As said Plat is a phase of a multi-phased preliminary
plat, Developer agrees that the City may refuse to approve final plats of
subsequent phases until public improvements for all prior phases have been
satisfactorily completed. Development of subsequent phases may not proceed
until the City approves Development Contracts for such phases. Approval of
this phase of the Subject Property shall not be construed as approval of future
phases nor shall approval of this phase bind the City to approve future
Development phases. The Master Agreement, the City’s Comprehensive
Plan, Zoning ordinance, Subdivision ordinance, and other ordinances shall
govern all future Development phases in effect at the time such future
Development phases are approved by the City.
20 Indemnity. Developer shall hold the City and its officers and employees
harmless from claims made by Developer and third parties for damages
sustained or costs incurred resulting from Said Plat approval and
development. The Developer shall indemnify the City and its officers and
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employees for all costs, damages or expenses that the City may pay or incur
in consequence of such claims, including attorney's fees. Third parties shall
have no recourse against the City under this contract.
21. Assignment of Contract. The Developer can assign the obligations of the
Developer under this Contract. However, the Developer shall not be released
from its obligations under this contract without the express written consent of
the City Council through Council resolution.
22. Limited Approval. Approval of this Agreement by the City Council in no
way constitutes approval of anything other than that which is explicitly
specified in this Agreement.
23. Professional Fees. The 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.
24. 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.
25. 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 and
signed by a duly authorized agent of both parties.
26. Notification Information. Any notices to the parties herein shall be in
writing, delivered by hand (to the City Clerk for the City) or registered mail
addressed as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Agenda Page 109
18
Carlson Dingman & Hansen, LLC
Attn: Henry Hansen
104 Fairway Avenue
Cold Spring, MN 56320
Telephone: (320) ____________
27. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By_______________________
Its Mayor
By_______________________
Its Clerk
CARLSON DINGMAN & HANSEN, LLC
By _______________________
Henry Hansen
Its _________________
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ______ day of
________________, 2017, by Jillian Hendrickson as Mayor of the City of
Agenda Page 110
19
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
___________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _______ day of
________________, 2017, by Kimberly 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
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Henry Hansen, as ________________ of Carlson Dingman & Hansen, LLC,
acknowledged the foregoing instrument before me this _____ day of
___________________, 2017.
___________________________________
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 111
20
EXHIBIT A TO DEVELOPER’S AGREEMENT
The legal description of the Plat to which this Developer’s Agreement applies is as
follows:
Lots 1-5, Block 1
Lots 1-9, Block 2
Lots 1-4, Block 3
Outlot A
Outlot B
All said property is located in Hunters Lake Estates, City of Albertville, County of
Wright, State of Minnesota.
Agenda Page 112
21
EXHIBIT B
Final Plat
EXHIBIT C
Setback Requirements
EXHIBIT D
Landscape Plan
EXHIBIT E
Grading, Drainage and Erosion Control Plan
Agenda Page 113
Mayor and Council Request for Action
P:\City Council\Council Packet Information\2017\100216\MOE - 1 AUAR RCA.docx
Meeting Date: October 2, 2017
September 28, 2017
SUBJECT: PLANNING DEPARTMENT – MALL OF ENTERTAINMENT AUAR
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve Resolution No. 2017-036 approving responses to the AUAR
comments and objectives and amendments to the AUAR document for the distribution to
commenting agencies and EQB. Set a date for the second meeting in November to adopt the
final document.
BACKGROUND: On August 7, 2017, the Albertville City Council approved the draft AUAR
dated August 1, 2017 for the Albertville Business Park for distribution to all applicable agencies.
This AUAR was sent to 22 different agencies and units of government. The City received
comments from the following:
• Wright County
• MnDOT
• MPCA
• City of Otsego
• Minnesota Historical Society
City staff and Landform have met to discuss these comments. Landform has created a response
for each of the submitted comments for review of the City Council.
Per EQB Rules 4410.3610, the RGU has 30 days after receipt of objections (comments) to
prepare a written response to the objecting agency and EQB Chair.
Within five days of receive the RGU’s response, the objecting agency shall advise the EQB
Chair if they accept the response or continue to object. If the objection continues, the EQB Chair
shall place the matter on the next regularly scheduled EQB meeting to make a determination if
the document is adequate to prevent the occurrence of potentially significant impacts.
Following the EQB finding that the AUAR document is adequate, the City may formally adopt
the document. At this stage, the City Council must approve the AUAR responses and the
submission of the document to the EQB and commenting agencies.
KEY ISSUES:
• The City has received comments from five agencies/units of government. Staff and the
applicant have reviewed the comments and prepared responses.
Agenda Page 114
Mayor and Council Request for Action – (October 2, 2017)
(Mall of Entertainment AUAR) Page 2 of 2
P:\City Council\Council Packet Information\2017\100216\MOE - 1 AUAR RCA.docx
Meeting Date: October 2, 2017
• City staff has reviewed the responses and incorporated edits into the final draft.
• Approval of the AUAR documents allow this to proceed to EQB and final approval.
• Approval of the AUAR is not an approval of any development application or
commitment to a development plan or financing.
POLICY/PRACTICES CONSIDERATIONS: Approval of the AUAR responses and
authorization to distribute the AUAR response to the EQB and objecting agencies is consistent
with past action authorizing the document’s preparation. This is the next step leading up to
development applications.
FINANCIAL CONSIDERATIONS: The City and Darkenwald Holdings LTD have a
reimbursement agreement that makes the applicant responsible for all City costs associated with
the processing of this AUAR.
LEGAL CONSIDERATIONS: The authorization to distribute the AUAR is consistent with
State Rules for processing the AUAR.
Responsible Person/Title: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Resolution No. 2017-036
• Wright County Comments
• MnDOT Comments
• Otsego Comments
• MPCA Comments
• Minnesota Historical Society Comments
Agenda Page 115
Page 1
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2017-036
RESOLUTION AUTHORIZING THE PREPARATION OF AN AUAR FOR
LAND OWNED BY DARKENWALD HOLDING LTD IN NORTHWEST
ALBERTVILLE; AUTHORIZING A TRAFFIC STUDY RELATED TO SAID
AUAR; AUTHORIZING THE CITY TO ENTER INTO A COST
REIMBURSEMENT AGREEMENT WITH DARKENWALD HOLDINGS LTD
TO COVER CITY COSTS ASSOCIATED WITH SAID AUAR; AND
AUTHORIZING THE SALE OF CITY OWNED PROPERTY TO
DARKENWALD HOLDINGS LTD
WHEREAS, Darkenwald Holdings, Ltd. (“Darkenwald”) owns several parcels of property
in the City of Albertville in Section 35, Township 121, Range 24; and
WHEREAS, Darkenwald intends on developing these parcels in the future; and
WHEREAS, Darkenwald conducted an Alternative Urban Areawide Review (“AUAR”)
relating to these properties in 2003; and
WHEREAS, Darkenwald’s current development plans require an update to the AUAR; and
WHEREAS, the City of Albertville (“City”) is the responsible governmental unit
overseeing the update to the AUAR; and
WHEREAS, part of the AUAR requires a detailed traffic study to evaluate the
transportation system improvements that will be necessary to accommodate the proposed future
development in northwest Albertville; and
WHEREAS, the City will incur engineering, environmental, planning and legal costs in
overseeing the update of the AUAR; and
WHEREAS, the City requires that Darkenwald reimburse the City for its costs in updating
the AUAR; and
WHEREAS, Darkenwald wishes to purchase Outlot B of the Northwest Commercial Park
from the City to develop regional stormwater management facilities integral to the development
of northwest Albertville; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville Minnesota
takes the following actions with the conditions outlined below:
Agenda Page 116
City of Albertville
Resolution No. 2017-036
Meeting of October 2, 2017
Page 2
1. The City Council, as the responsible governmental unit for overseeing the update of an
AUAR, authorize the preparation of an AUAR for Darkenwald for future development of
property in northwest Albertville Minnesota with the following conditions:
a. The cost of preparation, distribution, and processing of the AUAR shall be the
responsibility of Darkenwald.
b. The City, with this authorization, assumes no responsibility for the consultants of
Darkenwald. Landform is a Darkenwald consultant preparing the AUAR.
c. Darkenwald shall enter into an agreement to pay the City’s AUAR costs
including, but not limited to, engineering, environmental, planning, legal, and
administrative costs.
2. The City Council approves the traffic study proposal of SRF Consulting Group dated
November 2, 2016 for a cost of $65,800, and authorizes the City to enter into a contract
to have the traffic study prepared as part of the Darkenwald AUAR with the following
conditions:
a. Darkenwald shall be responsible for the entire cost of the SRF traffic study.
b. Darkenwald shall enter into an agreement to pay Albertville’s AUAR costs and
post a cash escrow to cover the cost of the traffic study.
3. The City Council authorizes the Mayor to enter into an agreement to have Darkenwald
pay all of the City’s costs associated with the Darkenwald AUAR.
4. The City Council authorizes the City to enter into a purchase agreement to allow
Darkenwald to purchase Outlot B of the Northwest Commercial Park plat from the City
for the appraised value.
Adopted by the City Council of the City of Albertville this 7th day of October 2, 2017.
Jillian Hendrickson, Mayor
ATTEST:
Kimberly A. Hodena, City Clerk
Agenda Page 117
Agenda Page 118
Agenda Page 119
Agenda Page 120
Main Office:
3601 Thurston Avenue, Anoka, MN 55303
Phone: 763/427-5860 Fax: 763/427-0520
www.haa-inc.com
September 8, 2017
City of Otsego
13400 90th Street NE
Otsego, MN 55330
RE: Alternative Urban Areawide Review Amendment for the Albertville Business Park/MOE
Dear Otsego City Staff:
Otsego City staff has reviewed the Alterative Urban Areawide Review amendment for the Albertville
Business Park/MOE. We offer the following comments:
• The 2004 Northeast Wright County Transportation Study designates 70th Street as a future
minor arterial street.
o Otsego rates the Pavement Condition Index (PCI) for 70th Street as 27 out of a possible
100, which is the lowest rated street in the City; the existing roadway was paved in 1992
and requires significant annual patching.
o Figure 22 of the Northeast Wright County Transportation Study recommends intersection
spacing of ½ mile for full access and ¼ mile for right-in/right-out access for minor arterial
streets; proposed access locations must consider existing intersections at Kittredge
Parkway and Kadler Avenue.
o Direct Private driveway access to 70th Street should be prohibited.
o 70th Street must be upgraded between CSAH 19 and Kadler Avenue to MSA street
standard with 150-foot right-of-way, 46 foot/10-ton urban section with dedicated right/left
turn lanes at intersections.
• The 2004 Northeast Wright County Transportation Study designates Kadler Avenue as a
future minor arterial street.
o Kadler Avenue is to be realigned south of 70th Street for future I-94 crossing/interchange;
any improvements now should provide for realignment to the planned corridor.
o Kadler Avenue must be improved on an interim basis as 80-foot right-of-way, 46-foot
wide/10-ton urban section for a local commercial/industrial street.
o Improvement of Kadler Avenue south of 70th Street needs to align with City of Otsego
plans to improve Kadler Avenue north of 70th Street in 2018.
Agenda Page 121
Adam Flaherty
September 8, 2017
Page 2
• To reduce congestion on CSAH 19 between I-94 and 70th Street, which is designated as a
minor arterial street by the 2004 Northeast Wright County Transportation Study, a second
access to the Albertville Outlet Mall should be provided from 67th Street or Keystone Avenue
to better distribute area traffic. A second access will also provide appropriate emergency
access for such a high-level use property.
The City of Otsego appreciates the opportunity to review the Albertville Business Park/MOE AUAR
and provide comments. If you would like to discuss these comments or require any clarification,
please do not hesitate to contact me at your convenience.
Hakanson Anderson
Sincerely,
_____________________________
Ronald J. Wagner, City Engineer
RJW:dmb
cc: Tami Loff, City Clerk
Dan Licht, The Planning Company
Adam Nafstad, Albertville City Engineer
Agenda Page 122
Agenda Page 123
Agenda Page 124
Agenda Page 125
Agenda Page 126
Albertville Business Park AUAR Update, August 1October 1, 2017
28
17. Noise
If the area will include or adjoin major noise sources a noise analysis is needed to determine if
any noise levels in excess of standards would occur, and if so, to identify appropriate mitigation
measures. With respect to traffic-generated noise, the noise analysis should be based on the
traffic analysis of item 18.
2003 AUAR—The 2003 AUAR stated that “I-94 on the south is the most noticeable noise
generator in the area and is not expected to result in levels in excess of standards. “
AUAR Update—
Response, Construction Noise:
Construction activities associated with the proposed project would temporarily result in increased
noise levels relative to existing conditions. Elevated noise levels during construction are
unavoidable for this type of project.
Contractors will be required to follow applicable local noise ordinances. Chapter 5, Section 5-5-2
of the Albertville City Code addresses noise control. Construction activities will be prohibited
during the nighttime (9:00 p.m. to 7:00 a.m.) Monday through Saturday and all day on Sundays.
Contractors will be required to obtain an exemption from the City for applicable construction
activities outside of these periods. All equipment used during construction will be fitted with the
appropriate mufflers to ensure compliance with state noise standards.
Response, Traffic Noise:
Existing and future noise sources in the AUAR area include noise generated by vehicular traffic
traveling on surrounding roadways, including Interstate 94 (I-94).
A traffic noise analysis was completed by SRF Consulting Group, Inc. and is included in the
AUAR as Appendix G. The purpose of this traffic noise analysis was to identify existing and
future traffic noise levels at the AUAR area, compare these noise levels to state noise standards,
and identify reasonable measures to minimize or mitigate noise impacts at planned land uses.
Under Minnesota Rules 7030.0030 (Noise Control Requirement), local governments are required
to take reasonable measures to prevent the approval of land use activities that will violate the state
noise standards immediately upon the establishment of the land use. State noise standards apply
to trunk highway facilities, including I-94 which abuts the south side of the AUAR area. The
Minnesota Pollution Control Agency (MPCA) has set noise standards for different types of land
uses, and for daytime and nighttime periods. MPCA defines daytime as 7:00 a.m. to 10:00 p.m.
and nighttime from 10:00 p.m. to 7:00 a.m. Noise standards apply to the outdoor atmosphere
(exterior noise levels). See Table 2 in Appendix G for the state noise standards.
Noise level monitoring is commonly performed as part of a traffic noise study to document
existing noise levels and to validate the noise model for the project. Existing daytime traffic noise
levels were monitored at one location near the southeast corner of the AUAR area near the I-94
right of way limits in November 2016. Noise levels are measured in decibels (dB) adjusted to
approximate how an average person hears highway traffic noise and stated in units of “A-
weighted decibels” (dBA). The results of the monitoring are documented in Appendix G.
Redlined Pages, Changes in Response to Comments 1
Agenda Page 127
Albertville Business Park AUAR Update, August 1October 1, 2017
46
15. Adverse Visual Impacts:
Potential Impacts
•The Mall of Entertainment will include signage commensurate with the scale of the project,
which may have dynamic elements different from signage currently present in the area and may
be visible from the surrounding area.
Mitigation Measures
a) The City of Albertville will review and approve detailed signage plans for each phase of
development. Any visual impacts would be mitigated by orienting such signs toward major traffic
arteries such as I-94 and away from sensitive uses, and applying existing city regulations.
17. Noise:
Potential Impacts
•Construction activities associated with the proposed project would temporarily result in increased
noise levels relative to existing conditions.
•Modeled traffic noise levels are projected to exceed state noise standards for residential and
commercial uses, depending upon the location within the AUAR area.
Mitigation Measures
a) Chapter 5, Section 5-5-2 of the Albertville City Code addresses noise control. Construction
activities will be prohibited during the nighttime (9:00 p.m. to 7:00 a.m.) Monday through
Saturday and all day on Sundays. Contractors will be required to obtain an exemption from the
City for applicable construction activities outside of these periods.
b) Maximize the setback distance from I-94 for planned residential uses.
c)Locate outdoor uses towards the interior or north sides of buildings, away from I-94, to increase
the setback distance and to allow buildings to shield outdoor use areas from traffic noise from
vehicles traveling on I-94.
d) The City of Albertville may require additional noise monitoring and modeling prior to
development approval. The City will work with the developer to identify reasonable mitigation
measures if needed to ensure that noise-sensitive uses will not be affected negatively by noise and
that state noise standards will be met.
c)e) All equipment used during construction should be fitted with the appropriate mufflers to ensure
compliance with state noise standards.
18. Transportation:
Potential Impacts
•In 2019 the Mall of Entertainment (MOE) is expected to generate approximately 308 weekday
p.m. peak hour, 3,343 weekday daily, 401 Saturday peak hour, and 4,040 Saturday daily trips.
•In 2040 (assuming full build out) Development Plan A is expected to generate approximately
1,366 weekday p.m. peak hour, 15,110 weekday daily, 1,410 Saturday peak hour, and 15,911
Saturday daily trips. (Trip generation for Development Plan B is slightly less.)
Redlined Pages, Changes in Response to Comments 2
Agenda Page 128
Albertville Business Park AUAR Update, August 1October 1, 2017
47
•The 2019 No-Build traffic forecasts and intersection analysis showed the need for improvements
to affected roadways to improve the level of service and to address traffic queuing issues at the
studied intersections.
•The 2019 Build forecasts, with the addition of traffic from the AUAR area, show there will be
additional delays and safety concerns at the CSAH19/I-94 Eastbound Ramps (Intersection E.)
•The 2040 No-Build forecasts show that future traffic demands may cause additional side-street
approaches or overall intersections to operate at an unacceptable LOS (level of service) F during
peak hours.
•The 2040 Build forecasts, with the addition of traffic from full build out of the AUAR area, show
more delays and intersection impacts that may require additional improvements.
•Alternative modes of transportation (such as transit) are not available to the AUAR area and
pedestrian facilities do not currently exist.
•The Northeast Wright County Sub-Area Study identified the potential for a future overpass and/or
full-interchange access onto I-94 at Kadler Avenue. Based on the traffic operations analysis under
year 2040 build conditions, neither the Kadler Avenue overpass nor the interchange are needed
from a traffic operations perspective to accommodate year 2040 traffic forecasts. However, this
improvement may be needed beyond year 2040 or if development patterns/intensity changes
occur in the future.
The traffic study noted some potential safety concerns with the internal roadway network and the
preliminary site design shown on the development concept plans.
•The traffic study noted the existing poor roadway surface quality of some of the area streets (67th
Street and 70th Street in particular.) Development of the AUAR area will increase traffic on these
streets.
Mitigation Measures
a) The City will continue to monitor traffic and intersection operations, and work with its partner
jurisdictions (including MnDOT and Wright County) to program the following improvements
identified by the 2019 No-Build analysis, when traffic demand warrants and when funding is
available:
•Coordinate the signal system on CSAH 19 (between Premium Outlets Access and 57th Street,
Intersections C, D, E & F).
•Intersection C – CSAH 19/Premium Outlets Access: Construct an eastbound right-turn lane
to allow the eastbound right overlap to be utilized and so that the intersection is compliant
with MUTCD. This improvement would also allow vehicles to make a right-turn on red when
gaps are available.
•Intersection H – CSAH 37/I-94 Eastbound Ramps: Monitor this intersection, it is
recommended to signalize once traffic volumes and/or crash history warrants are met.
•Intersection J – CR 137/62nd Street: Consider installing “do not block intersection” signs to
reduce the likelihood of a queued eastbound left-turn vehicle blocking eastbound through
traffic or consider closing or restricting left-turns at this intersection.
b) Concurrently with the first phase of the AUAR development (of the MOE (, Mall of
Entertainment), the City will work with the developer and its partner jurisdictions to install a
traffic signal at the CSAH 19/I-94 Eastbound Ramps (Intersection E.)
c) To address the 2040 No Build and 2040 Build scenarios, the City will continue to monitor the
growth of traffic and the operations of the affected intersections. The need for transportation
improvements will be reevaluated when the AUAR is updated approximately every five years.
d) The City will require construction of a trail on the south side of 70
th Street as the area develops,
consistent with the City’s adopted Trail Plan and Park Dedication requirements.
Redlined Pages, Changes in Response to Comments 3
Agenda Page 129
Albertville Business Park AUAR Update, August 1October 1, 2017
48
e)Development plans will include sidewalks or internal trails where they would promote walking
and biking within the AUAR area.
f) Prior to approval of development plans near Kadler Avenue, the City of Albertville will consider
the status of the proposed I-94/Kadler Avenue interchange.
g) Access locations and internal site design issues will be addressed through the City’s development
review process. Turn lanes will be constructed at the proposed key access points on 67th street,
70th Street and Street A to improve traffic safety.
h) The city will determine the timing and type of resurfacing improvements required for 67th Street
and 70th Street, and how costs may be shared by the benefitted property owners.
i) The City will, to the extent possible, work with its public partners and developers to coordinate
public road improvements and private construction activities to minimize disruption and
inconvenience to the traveling public.
Redlined Pages, Changes in Response to Comments 4
Agenda Page 130
FINAL 3 SRF Consulting Group, Inc.
Albertville Business Park AUAR Update Traffic Study
Roadway Characteristics
Field observations were conducted to identify roadway characteristics within the study area (i.e.
roadway geometry, posted speed limits, and traffic controls). County State Aid Highway 19
(CSAH 19) is a four-lane divided roadway with turn lanes and transitions to a two-lane undivided
roadway with turn lanes north of the Premium Outlets Access. CSAH 19, which has a posted speed
limit of 45 mph, is classified as a minor arterial roadway. south of 70th Street and a major collector
north of 70th Street. CSAH 37 is a two-lane undivided roadway with turn lanes. CSAH 37 is classified
as a minor arterial between CSAH 19 and the I-94 Westbound Ramp intersections with a 30 mph
speed limit. East of the I-94 Westbound Ramp intersection, CR 137 is a major collector with a 55 mph
posted speed limit. The remaining study roadways are classified as local roads with 30 mph speed
limits. Existing signal timing was collected in the field. Existing geometrics, traffic control, and
weekday p.m. and Saturday peak hour volumes are shown in Figure 2.
Intersection Operations Analysis
An operations analysis was conducted to quantify how traffic operates at the study intersections under
existing conditions using Synchro/SimTraffic. Intersection operations analysis results identify a Level
of Service (LOS) which indicates how well an intersection is operating. Intersections are ranked from
LOS A through LOS F. The LOS results are based on average delay per vehicle, which correspond to
the delay threshold values shown in Table 1. LOS A indicates the best traffic operation and LOS F
indicates an intersection where demand exceeds capacity. Overall intersection LOS A through
LOS D is considered acceptable by the City of Albertville.
Table 1. Level of Service Criteria for Signalized and Unsignalized Intersections
LOS Designation Signalized Intersection
Average Delay/Vehicle (seconds)
Unsignalized Intersection
Average Delay/Vehicle (seconds)
A ≤ 10 ≤ 10
B > 10 – 20 > 10 - 15
C > 20 – 35 > 15 - 25
D > 35 – 55 > 25 - 35
E > 55 – 80 > 35 - 50
F > 80 > 50
For side-street stop controlled intersections, special emphasis is given to providing an estimate for the
level of service of the side-street approach. Traffic operations at an unsignalized intersection with side-
street stop control can be described in two ways. First, consideration is given to the overall intersection
level of service. This considers the total number of vehicles entering the intersection and the capability
of the intersection to support these volumes. Second, it is important to consider the delay on the
minor approach. Since the mainline is not stop controlled, the majority of delay is attributed to the
minor approaches. It is typical of unsignalized intersections with higher mainline traffic volumes to
experience high levels of delay, i.e. poor levels of service, on the side-street approaches, but an
acceptable overall intersection level of service during peak hour conditions.
Redlined Pages, Changes in Response to Comments 5
Agenda Page 131
Appendix I: Response to Comments
UPDATE
Alternative Urban Areawide Review (AUAR)
Albertville Business Park Project
October 2, 2017
Darkenwald Holdings, LTD (Land Owner)
Prepared for the City of Albertville, MN
Prepared by:
105 South Fifth Avenue, Suite 513
Minneapolis, MN 55401
Agenda Page 132
Table of Contents
Introduction ......................................................................................................................................2
Responses to Comments
Water Resources (Item 11) ................................................................................................................. 2
Noise (Item 17) ................................................................................................................................... 3
Transportation (Item 18) ..................................................................................................................... 4
Comment Letters
1.Wright County Health & Human Services ......................................................................................... 9
2.Minnesota Pollution Control Agency ............................................................................................... 10
3.Wright County Department of Highways ........................................................................................ 13
4.Minnesota Department of Transportation ........................................................................................ 15
5.Hakanson Anderson on behalf of City of Otsego ............................................................................ 16
6.Minnesota Historical Society............................................................................................................ 18
Appendix I, Albertville Business Park AUAR Update 1Agenda Page 133
INTRODUCTION
Distribution and Publication of the AUAR Update
The Albertville City Council approved the Draft Update of the Alternative Urban Areawide Review (AUAR)
for the Albertville Business Park for distribution at its August 7th, 2017 meeting. The document was
immediately distributed to the Environmental Quality Board’s (EQB) Agency and Organization
Distribution List, and to ten additional local agencies and officials (including Wright County, adjacent
cities and townships, and affected school districts.)
A Notice of Availability of the AUAR Update was published in the EQB Monitor on August 21st, 2017.
A ten-day comment period followed, expiring on September 1st, 2017.
Comments Received
Five comment letters were received. Copies of the following letters and emails are included in this
document. They are listed in the order received:
# Comment Date
1 Anna Bohanon, Health Promotion Coordinator
Wright County, Minnesota Health & Human Services
Email, August 21, 2017
2 Karen Kromar, Planner Principal
Environmental Review Unit
Minnesota Pollution Control Agency
Letter, August 28, 2017
3 Virgil G. Hawkins, P.E., County Highway Engineer
Wright County
Letter, August 30, 2017
4 Jon Mason, Senior Planner
Minnesota Department of Transportation
Letter, September 1, 2017
5 Ronald J. Wagner, Hakanson Anderson
on Behalf of City of Otsego
Letter, September 8, 2017
6 Sarah J. Beimers, Manager, Government Programs and
Compliance
Minnesota Historical Society
Letter, September 8, 2017
RESPONSE TO COMMENTS
Comments are summarized and responded to in the order that the issues appear in the AUAR document,
in italicized text. The source(s) of each comment are indicated after the comment. Any resulting changes
to the AUAR document including the Mitigation Plan are noted.
Water Resources (Item 11)
Summary of Comment
NURP ponds mentioned in the AUAR may not meet current stormwater requirements. Stormwater
management facilities must meet requirements of National Pollutant Discharge Elimination System/ State
Disposal System (NPDES/SDS) Construction Stormwater Permit (CSW Permit.) Because over 50 acres of
land would be disturbed and the site discharges to impaired waters, the Stormwater Pollution Prevention
Plan will need to be submitted to the MPCA 30 days prior to obtaining the NPDES/SDS permit.
(Comment Letter #2)
Appendix I, Albertville Business Park AUAR Update 2Agenda Page 134
Response
The stormwater plan included in the AUAR is a preliminary conceptual plan. Detailed design of the will
be provided as development occurs across the site (see page 18 of AUAR document). The AUAR
acknowledges (see Table 3, page 8) that the NPDES permit will be required. The Mitigation Plan states
that the developer will design all stormwater management facilities to meet water quality requirements
stipulated in the Minnesota Pollution Control Agency’s (MPCA) National Pollutant Discharge
Elimination System (NPDES) Permit and City standards (see page 44, item 11 b.) The Stormwater
Pollution Prevention Plan is required as part of the NPDES permit.
Changes to AUAR Document
None.
Summary of Comment
The AUAR mentioned expanding wetland W1 in the West delineation, but details were not provided.
(Comment Letter #2)
Response
As described in the AUAR (see page 22) under both Concept Plans A and B, wetland 1W would be
protected and expanded through mitigation except for a small area at the east end of the basin. Exhibit 15
provides some additional information; however, the surface water plan is conceptual at this time. The
Mitigation Plan (page 44) states that the developer will minimize wetland impacts as detailed site plans
are prepared for each phase of development. The sequencing requirements of the Wetlands Conservation
Act (WCA) and Section 404 of the Clean Water Act will be followed. Permits required by the WCA and
Clean Water Act will be applied.
Changes to AUAR Document
None.
Historic Properties (Item 14)
Summary of Comment
The Minnesota Historical Society concluded that there are no properties listed in the National or State
Registers of Historic Places, and no known suspected archaeological properties in the area that will be
affected by this project. (Comment Letter #6)
Response
This is consistent with findings of the 2003 AUAR and the 2017 AUAR Update.
Changes to AUAR Document
None.
Noise (Item 17)
Summary of Comment
The SRF noise analysis modeled only traffic noise, which is only one aspect of noise that can affect a
development. The monitoring was conducted for only 30 minutes which can be useful for planning, but
state standards require a full hour (60 minutes) for comparison to state standards. Considering that
Appendix I, Albertville Business Park AUAR Update 3Agenda Page 135
Concept Plan A would include residential development, the MPCA strongly recommends that the City
conduct further noise monitoring prior to finalizing the project, even though traffic noise may be within
compliance before reaching the residential area of the development. Once further monitoring is
conducted, the City should consider what additional mitigation methods could be used to ensure that new
residences would not be affected negatively by the collective noise in the area. (Comment Letter #2)
Response
The noise analysis modeled traffic noise because no other significant noise-generating uses exist in the
area. Noise was monitored for 30 minutes as this is a planning-level study and site plans and uses will
change. The AUAR identified mitigation measures addressed at influencing detailed site plans. The
Mitigation Plan (see page 46) says to maximize the distance from I-94 for planned residential uses, and to
locate outdoor uses toward the interior or north sides of buildings, away from I-94, to increase the setback
distance and to allow buildings to shield outdoor use areas from traffic noise from vehicles traveling on I-
94.Additional noise monitoring may be required by the City of Albertville when development plans are
submitted, if the planning-level modeling indicates that noise-sensitive uses may be negatively affected
by noise in the area.
Changes to AUAR Document
The following additional mitigation measure has been added to the AUAR (see page 46): “The City of
Albertville may require additional noise monitoring and modeling prior to development approval.
The City will work with the developer to identify reasonable mitigation measures if needed to
ensure that noise-sensitive uses will not be affected negatively by noise and that state noise
standards will be met.”
Summary of Comment
During construction, all equipment should be fitted with the appropriate mufflers to ensure compliance
with state noise standards. (Comment Letter #2)
Response
The AUAR (page 28) addresses construction noise impacts, but did not specifically mention mufflers on
construction equipment. Language should be added.
Changes to AUAR Document
Add the following language to the AUAR on page 28 and to the Mitigation Plan (Section 17, page 46):
“All equipment used during construction should be fitted with the appropriate mufflers to ensure
compliance with state noise standards.”
Transportation (Item 18)
Summary of Comment
There is an apparent lack of pedestrian and bicycle accommodations in the development concept plans.
This development presents a prime opportunity to make an inviting environment for not only cars, but
also bicyclists (commuters and recreational) and pedestrians. (Comment Letter #1)
Response
The development plans do include sidewalks along all streets, and also shows a trail to be constructed on
the south side of 70th Street. This may not be apparent because of the scale of the plans. The AUAR
document notes that pedestrian facilities do not currently exist, but that as development occurs, sidewalks
or internal trails may be constructed where they would promote walking and biking within the AUAR
area (see page 35.) The Mitigation Plan also notes that The City will require construction of a trail on the
Appendix I, Albertville Business Park AUAR Update 4Agenda Page 136
south side of 70th Street as the area develops, consistent with the City’s adopted Trail Plan and Park
Dedication requirements, and that development plans will include sidewalks or internal trails where they
would promote walking and biking within the AUAR area (see page 47.)
Changes to AUAR Document
None.
Summary of Comment
The first paragraphs of page 3 of the Traffic Study (Appendix H) indicates that County State Aid Highway
(CSAH) 19 is functionally classified as a “major collector north of 70th Street (CSAH 38). This is
incorrect, as this segment is functionally classified as a “minor arterial” in the MnDOT online
database.” (Comment Letter 3, Item 1.)
Response
The functional classification of CSAH 19 north of 70th Street has been verified with MnDOT.
Changes to AUAR Document
Paragraph 1, Page 3 of Appendix H (SRF Traffic Study) has been edited to correct the error.
Summary of Comment
The “2019 Build Conditions” identify the need for a traffic control signal at the CSAH19/I94 EB ramp
(Intersection E.) The improvement should be completed prior to the opening of any phase of the
proposed development. Wright County will not participate in the cost. (Comment Letter 3, Item 2.)
Response
Concurrently with the development of the MOE (Mall of Entertainment) the City will work with the
developer and its partner jurisdictions to install a traffic signal at the CSAH 19-/I-94 Eastbound Ramps
(Intersection E.)
Changes to AUAR Document
Mitigation measure 18 b) on page 47 of the AUAR document has been edited to match the response,
above.
Summary of Comment
Wright County has completed improvements to CSAH 37 and CR137 affecting several intersections (H, I
& J) included in the traffic study. (Comment Letter 3, Item 2.)
Response
The Traffic Study (Appendix H) identified these projects as Planned Transportation Improvements (see
page 6) and assumed that they were completed in the traffic and intersection modeling of all development
scenarios (2019 Build/No-Build, 2040 Build/No-Build.)
Changes to AUAR Document
None.
Appendix I, Albertville Business Park AUAR Update 5Agenda Page 137
Summary of Comment
Funding for any improvements affecting County Highways will be subject to Wright County’s Cost
Participation Policy. (Comment Letter #3.) Funding for any improvements affecting I-94 will be subject
to the Minnesota Department of Transportation‘s Cost Participation Policy (Comment Letter #4).
Response
The AUAR recognizes the need for the City of Albertville to work with the developer and its partner
jurisdictions (including MnDOT and Wright County) to program highway and intersection improvements
when traffic demand warrants and when funding is available. (See page 47, Mitigation Plan.) The cost
and funding mechanism for highway and intersection improvements is beyond the scope of an AUAR.
Changes to AUAR Document
None
Summary of Comment
The traffic study (Appendix H, Page 27) indicates to install a traffic signal at CSAH 19/67th Street NE
(Intersection B) as part of the Year “2040 No Build” recommendations. An intersection control
evaluation will determine the appropriate control (signal system, roundabout, etc.) at this intersection so
it may not be a traffic signal. (Comment Letter 3, Item 4.)
Response
The Mitigation Plan states, “To address the 2040 No Build and 2040 Build scenarios, the City will
continue to monitor the growth of traffic and the operations of the affected intersections. The need for
transportation improvements will be reevaluated when the AUAR is updated approximately every five
years.” (See page 47.) This evaluation would include what type of improvement would be necessary. A
roundabout would be another option.
Changes to AUAR Document
None.
Summary of Comment
The traffic study identifies under “2040 Build Conditions” the need for dual left-turn lanes for CSAH 19
NB and SB at I-94 (intersections D and E) to mitigate the impacts from the development, which would
otherwise not be needed. Wright County would not participate in the cost of this or the corresponding
widening of the I-94 bridges that would be required. The bridge widening could be included in MnDOT’s
current planning for a construction project as soon as 2018. All other “2040 Build” recommendations
that would not be needed under “2040 No Build” conditions would follow the county’s Cost Participation
Policy (no count cost). (Comment Letter 3, Items 5 & 6) According to MnDOT’s Cost Participation
Policy, the additional bridge length needed to accommodate CSAH 19 improvements requires local cost
participation. (Comment Letter 4.)
Response
The “2040 Build” scenario assumes development of a much larger area surrounding the site in Albertville
and neighboring Otsego. Depending upon how and when the entire area develops, the dual left-turn lanes
may be needed sooner or later than shown by the study. Development of the AUAR area today would
require only a single southbound left turn lane at the interchange to access the new/future ramp. It is
premature to determine what development will trigger the need for the dual left-turn lanes or any of the
other “2040 Build” recommendations.
Appendix I, Albertville Business Park AUAR Update 6Agenda Page 138
The Mitigation Plan states, “To address the 2040 No Build and 2040 Build scenarios, the City will
continue to monitor the growth of traffic and the operations of the affected intersections. The need for
transportation improvements will be reevaluated when the AUAR is updated approximately every five
years.” (See page 47.)
Because the CSAH 19 turn lanes will likely be needed in the future based on the full development of the
area, the city will encourage MnDOT to widen the bridges to provide for the turn lanes when they design
any improvements to the I-94 bridges. The bridge improvements would have a useful life far beyond the
horizon of the traffic study and it would be prudent to plan for CSAH 19 expansion in the future.
Changes to AUAR Document
None.
Summary of Comment
Wright County will endeavor to proceed with the signal timing optimization/coordination that is identified
/recommended throughout the study—working with both MnDOT and the City of Albertville. (Comment
Letter 3, Item 8.)
Response
The City appreciates its cooperative relationships with the Wright County Department of Highways and
MnDOT to manage and improve the transportation infrastructure in and around the City of Albertville.
Changes to AUAR Document
None.
Summary of Comment
The 2004 Northeast Wright County Transportation Study designates 70th Street as a future minor
arterial street. (Comment Letter 5)
•Existing pavement condition is poor;
•Figure 22 of the Northeast Wright County Transportation Study recommends intersection spacing
of ½ mile for full access and ¼ mile for right-in/right-out access for minor arterial streets;
•Direct Private driveway access to 70th Street should be prohibited;
•70th Street must be upgraded between CSAH 19 and Kadler Avenue to MSA street standards.
Response
The AUAR recognizes the existing condition of the pavement on 70th Street, and the need to review
access locations during the city’s development review process. The Mitigation Plan states that turn lanes
will be constructed at proposed key access points to improve public safety. The city will determine the
timing and type of improvements required for 70th Street, and how costs may be shared by the benefitted
property owners. (See page 48.) The cities of Albertville and Otsego and the developer will work
cooperatively on any project or improvement involving 70th Street.
Changes to AUAR Document
None.
Appendix I, Albertville Business Park AUAR Update 7Agenda Page 139
Summary of Comment
The 2004 Northeast Wright County Transportation Study designates Kadler Avenue as a future minor
arterial street. (Comment Letter 5)
•Kadler Avenue is to be realigned south of 70th Street for a future I-94 crossing/interchange;
•Kadler Avenue must be improved on an interim basis as a local commercial/industrial street.
•Improvement of Kadler Avenue south of 70th Street needs to align with City of Otsego plans to
improve Kadler Avenue north of 70th Street in 2018. (Comment Letter 5)
Response
The AUAR recognizes the Northeast Wright County Sub-Area Study designation of Kadler Avenue and
the potential for a future overpass and/or full-interchange access onto I-94. Based on the traffic operations
analysis under year 2040 build conditions, neither the Kadler Avenue overpass nor the interchange are
needed from a traffic operations perspective to accommodate year 2040 traffic forecasts. However, this
improvement may be needed beyond year 2040 or if development patterns/intensity changes occur in the
future. (See page 37.) The development concept plans show that Kadler, which is currently unpaved,
would be improved along the west side of the AUAR area and provide access from 67th Street to 70th
Street. Prior to approval of development plans near Kadler Avenue, the City of Albertville will consider
the status of the proposed I-94/Kadler Avenue interchange. Design requirements for Kadler will be
determined as part of the development approval process. (See page 47.)
Otsego’s plans to improve Kadler Avenue north of 70th Street include shifting its alignment to the west.
Kadler Avenue in this area is Albertville’s western boundary and the land west of Kadler Avenue is in
Otsego. Albertville’s ability to cooperate in Kadler Avenue improvements will depend on Otsego
providing additional right-of way to allow the current street to be shifted west to align with Otsego’s
proposed intersection location. Absent the availability of this additional right of way, Albertville will be
limited to working within the current Kadler Avenue right of way south of 70th Street.
Changes to AUAR Document
None.
Summary of Comment
A second access to the Albertville Outlet Mall should be provided from 67th Street or Keystone Avenue to
better distribute area traffic and to provide additional emergency access. (Comment Letter 5)
Response
The traffic study identified planned improvements to the CSAH 19/Premium Outlets Access intersection
and other recommendations for the 2019 No-Build and Build scenarios that would improve traffic access
to the Outlet Mall and reduce congestion in the area. The City recognizes that an additional access to the
Outlet Mall would be desirable and has worked with the developer of the Albertville Business Park to
determine if including such an access would be possible. It was found to be impractical because of the
possible need to demolish buildings on the mall property, relocate ponds and wetlands, and to acquire
land for right of way. These issues make establishing a second access to the mall unlikely at this time.
Changes to AUAR Document
None.
Appendix I, Albertville Business Park AUAR Update 8Agenda Page 140
From: Anna M. Bohanon [mailto:Anna.Bohanon@co.wright.mn.us]
Sent: Monday, August 21, 2017 6:04 PM
To: Adam Nafstad
Subject: Albertville Expansion
Adam,
My name is Anna Bohanon. I am a Health Promotion Coordinator at Wright County Public Health. I work
to promote Active Communities policies to provide safe and convenient opportunities for physical
activity in Wright County. Active Communities integrates physical activity into daily routines such as
walking or biking for transportation or recreation, playing in the park, working in the yard or using
recreation facilities. Active Communities policies and practices in community design, land use and facility
access have been proven effective to increase levels of physical activity.
The reason I am reaching out to you is that I recently reviewed the plan for the Albertville Business
Park/Mall of Entertainment and I am concerned about the apparent lack of pedestrian and bicycle
accommodations. With residential, retail, hotels, and medical offices planned to be built in this
development, it is a prime opportunity to make an inviting environment for not only cars, but also
bicyclists (commuters and recreational) and pedestrians. I would be willing to meet with you or attend
planning meetings for this development and provide input on making the development more inviting for
people that may be walking or biking to or around the development.
I understand that this plan may not be at the correct scale to show this level of detail, but I just want to
advocate for the importance of developments using a complete streets approach.
Please contact me if you have any questions.
Thank you for your time.
Anna Bohanon • Health Promotion Coordinator
WRIGHT COUNTY, MINNESOTA : HEALTH & HUMAN SERVICES
direct: (763) 684-8508 • fax: (763) 682-7701
Health & Human Services Building, 1004 Commercial Drive, Buffalo, MN 55313
www.co.wright.mn.us
How did I do today? Click here to complete our customer service survey.
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C.
2510-2521. This E-mail may be confidential and may be legally privileged. If you are not the intended recipient, you
are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly
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Appendix I, Albertville Business Park AUAR Update 9
1
Agenda Page 141
Appendix I, Albertville Business Park AUAR Update 10
2
Agenda Page 142
Appendix I, Albertville Business Park AUAR Update 11Agenda Page 143
Appendix I, Albertville Business Park AUAR Update 12Agenda Page 144
Appendix I, Albertville Business Park AUAR Update 13
3
Agenda Page 145
Appendix I, Albertville Business Park AUAR Update 14Agenda Page 146
Appendix I, Albertville Business Park AUAR Update 15
4
Agenda Page 147
Main Office:
3601 Thurston Avenue, Anoka, MN 55303
Phone: 763/427-5860 Fax: 763/427-0520
www.haa-inc.com
September 8, 2017
City of Otsego
13400 90th Street NE
Otsego, MN 55330
RE: Alternative Urban Areawide Review Amendment for the Albertville Business Park/MOE
Dear Otsego City Staff:
Otsego City staff has reviewed the Alterative Urban Areawide Review amendment for the Albertville
Business Park/MOE. We offer the following comments:
•The 2004 Northeast Wright County Transportation Study designates 70th Street as a future
minor arterial street.
o Otsego rates the Pavement Condition Index (PCI) for 70th Street as 27 out of a possible
100, which is the lowest rated street in the City; the existing roadway was paved in 1992
and requires significant annual patching.
o Figure 22 of the Northeast Wright County Transportation Study recommends intersection
spacing of ½ mile for full access and ¼ mile for right-in/right-out access for minor arterial
streets; proposed access locations must consider existing intersections at Kittredge
Parkway and Kadler Avenue.
o Direct Private driveway access to 70th Street should be prohibited.
o 70th Street must be upgraded between CSAH 19 and Kadler Avenue to MSA street
standard with 150-foot right-of-way, 46 foot/10-ton urban section with dedicated right/left
turn lanes at intersections.
•The 2004 Northeast Wright County Transportation Study designates Kadler Avenue as a
future minor arterial street.
o Kadler Avenue is to be realigned south of 70th Street for future I-94 crossing/interchange;
any improvements now should provide for realignment to the planned corridor.
o Kadler Avenue must be improved on an interim basis as 80-foot right-of-way, 46-foot
wide/10-ton urban section for a local commercial/industrial street.
o Improvement of Kadler Avenue south of 70th Street needs to align with City of Otsego
plans to improve Kadler Avenue north of 70th Street in 2018.
5
Appendix I, Albertville Business Park AUAR Update 16Agenda Page 148
•To reduce congestion on CSAH 19 between I-94 and 70th Street, which is designated as a
minor arterial street by the 2004 Northeast Wright County Transportation Study, a second
access to the Albertville Outlet Mall should be provided from 67th Street or Keystone Avenue
to better distribute area traffic. A second access will also provide appropriate emergency
access for such a high-level use property.
The City of Otsego appreciates the opportunity to review the Albertville Business Park/MOE AUAR
and provide comments. If you would like to discuss these comments or require any clarification,
please do not hesitate to contact me at your convenience.
Hakanson Anderson
Sincerely,
_____________________________
Ronald J. Wagner, City Engineer
RJW:dmb
cc: Tami Loff, City Clerk
Dan Licht, The Planning Company
Adam Nafstad, Albertville City Engineer
Appendix I, Albertville Business Park AUAR Update 17Agenda Page 149
Appendix I, Albertville Business Park AUAR Update 18
6
Agenda Page 150
Mayor and Council Request for Action
P:\City Council\Council Packet Information\2017\100216\Ice Arena - 1 Ice Arena RCA.docx
Meeting Date: October 2, 2017
September 28, 2017
SUBJECT: PLANNING - STMA ICE ARENA EXPANSION
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Ordinance Number 2017-10 changing the zoning on the Ice Arena site
from B-3 to PUD.
MOTION TO: Approve Resolution Number 2017-037 approving the Subdivision / lot line
adjustment creating two new lots for the Ice Arena.
MOTION TO: Approve Resolution Number 2017-038 approving the Site and Building Plans
for the STMA Ice Arena Expansion.
BACKGROUND: The St. Michael – Albertville School District #889 has submitted an
application for an ice arena expansion located along 5898 Lachman Avenue NE in the City of
Albertville. The proposal includes an additional sheet of ice (for a total of two); new concession
stand; new varsity locker rooms; new restrooms; and new viewing areas. The applicant seeks to
expand the building’s footprint by 6,323 square feet.
KEY ISSUES:
The project will require the following approvals:
• A building and site plan review and approval.
• A rezoning to Planned Unit Development to allow building construction on two parcels;
shared parking; a building setback of zero feet; a parking lot setback of zero feet; and
other design flexibilities.
• Subdivision to adjust lot lines between the two lots.
• Vacation of drainage and utility easements along the shared property line.
Rezoning: The current site is zoned B-3, Highway Commercial. The proposed ice arena
expansion is a unique development in its design and use of the site. In this regard, the only
zoning tool available to address this unique development layout is to rezone the property to PUD,
Planned Unit Development District. Through this zoning district, the City may allow the
following development flexibilities:
• Construction of the building addition with a zero-lot line on the shared building wall.
This allows the ice arena to sit on two separate lots.
• Shared parking and access for the two project lots and Central Park.
• Flexibility in parking stall number and setbacks.
Agenda Page 151
Mayor and Council Request for Action – (October 2, 2017)
STMA Ice Arena Expansion Page 2 Of 3
P:\City Council\Council Packet Information\2017\100216\Ice Arena - 1 Ice Arena RCA.docx
Meeting Date: October 2, 2017
Subdivision: The proposed ice arena will be one building that will be located over two properties.
This arrangement allows for separate financing of the second sheet of ice. To allow this to occur, the
lot lines between the lots must be adjusted to fall on the shared building wall. This will require a
preliminary and final plat that will define the lots and adjust the necessary easements.
Site and Building Plan Review:
Setbacks: With the exception of the shared building wall, the building will meet all necessary
setbacks.
Site lighting: A lighting plan that shows nine light poles for a total of 14 light fixtures. Further, the
light plan shows 11 light fixtures attached to the building. The light plan does not indicate how tall
the light poles are. A plan set / cut sheet of the light fixtures and pole height will be necessary for
staff approval. Further, the light fixtures shall be at a 90-degree cutoff with no exposed light source.
Parking: The site plan shows approximately 720 seats in the new arena for a parking need of
180 spaces. The site plan shows 163 parking stalls as well as six disability parking stalls.
Lachman Avenue on-street parking is used for overflow event parking. In the construction of
Lachman, its design provided for parking on both sides of the street in anticipation that the ice
arena may have overflow parking for special events. This historic use of on-street parking will
continue to cover the shortfalls of the on-site parking supply.
Site Access. The site plan proposes a single point of access to the ice arena which raises the
following concerns:
1. The access location brings a lot of traffic congestion in very close proximity to the arena
entrance and drop-off areas.
2. The new curb cut provides two exit lanes. The right turn exiting provides only 45 feet of
stacking. This will only allow two to three cars stacking before the access to the west
parking lot, the drop-off area, and building entrance is obstructed. This will be
problematic if multiple events are occurring or during changeover events.
The site access will require some design adjustments to improve stacking and vehicle
maneuvering at the front of the building. City staff will work with the applicants to improve
access.
The site grading, drainage and utility plans will be subject to the review and approval of the City
Engineer.
POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice
was published and a public hearing held on August 8, 2017 by the Planning Commission for the
rezoning application and the re-platting. The Commission recommended that the City Council
approve the resolution.
Agenda Page 152
Mayor and Council Request for Action – (October 2, 2017)
STMA Ice Arena Expansion Page 3 Of 3
P:\City Council\Council Packet Information\2017\100216\Ice Arena - 1 Ice Arena RCA.docx
Meeting Date: October 2, 2017
FINANCIAL CONSIDERATIONS: The applicant shall be responsible for all costs associated
with the rezoning and re-platting. There are no significant financial issues related to the rezoning
and re-platting
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council
have the authority approve the rezoning and re-platting request, and approve the site plan and
building plan which requires a majority vote of the City Council and becomes effective upon
publication.
Responsible Person/Title: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Ordinance No. 2017-10
Resolution No. 2017-037 and 2017-038
Planning Report dated August 3, 2017
Agenda Page 153
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2017-10
AN ORDINANCE AMENDMENT TO THE ALBERTVILLE CITY ZONING
ORDINANCE RELATED TO REZONING OF PARCELS WITHIN THE CITY OF
ALBERTVILLE
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS:
Section 1. The Albertville Zoning Map is hereby amended to rezone the following legally
described property from B-3 Highway Commercial District to Planned Unit Development
District:
Lot 1, Block 1, Barthel Commercial Park 2nd Addition
Section 2. The Ice Arena PUD District will impose the following regulations:
1. The PUD District uses are limited to the proposed ice arena and its accessory uses.
2. The PUD District approves the site design as identified in the plans dated and received
June 19, 2017 and July 28, 2017, and amended per the recommendations of this report.
3. The City approves a zero lot line building setback to connect the second sheet of ice to
the existing arena.
4. The City approves a zero parking lot setback for the west parking lot.
5. The City approves shared parking across both project lots and a portion of Central Park.
The applicants shall create a shared access and parking easement over the affected
properties. Said document shall be approved by the City Attorney and recorded against
all properties.
6. The City approves overflow on-street parking along Lachman Avenue for the ice arena.
7. The applicants shall provide exterior light details including cut sheets for all freestanding
and wall mounted fixtures, and pole design for freestanding lights. All exterior light
fixtures shall be 90 degree cut off lights with no exposed light sources.
8. All parking lots shall meet City design standards for paving, curbing, and striping.
9. The applicants shall construct a six foot wide sidewalk along Lachman Avenue for the
full length of the project site. The site plan shall provide sidewalk and crosswalk
connections between the public sidewalk and the building entrance.
10. The applicants shall work with City staff to improve the site access and reduce traffic
congestion concerns at the building entrance.
11. The applicants shall provide a landscape plan that addresses the following:
a. Plant schedule identifying plant species, size, and number.
b. The applicants shall provide a detail of the wetland restoration including plantings
and ground cover.
Agenda Page 154
City of Albertville
Meeting of October 2, 2017
Ordinance No. 2017-10
Page 2
c. Replace landscaping in the Lachman Avenue right-of-way with a four foot tall
boundary fence. The applicants shall provide a fence detail.
d. Additional trees shall be planted along the easternmost parking lots.
12. Compliance with the City Engineer’s comments and recommendations for grading,
drainage, and utilities as outlined in the August 2, 2017 report.
Section 3. Effective Date. This ordinance shall be effective upon passage and publication.
Adopted by the City Council of the City of Albertville this 7th day of October 2, 2017.
Jillian Hendrickson, Mayor
ATTEST:
Kimberly A. Hodena, City Clerk
Agenda Page 155
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2017- 037
RESOLUTION APPROVING A SUBDIVISION FOR ST. MICHAEL / ALBERTVILLE
ICE ARENA LOCATED AT 5859 LACHMAN AVE NE
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, ISD 889 has submitted an application for a subdivision at the property
located at 5859 Lachman Ave NE with Parcel Identification number 101-052-001010; and
WHEREAS, City Staff has reviewed submitted plans and prepared a planning report
dated August 3, 2017; and
WHEREAS, the Albertville Planning and Zoning Commission met and held a public
hearing on August 8, 2017, to consider the application for a subdivision; and
WHEREAS, upon considering the application materials, the August 3, 2017 planning
report, and public testimony the Planning Commission closed the public hearing and
recommended that the City Council approve the subdivision on a vote of 4 to 0 with conditions
of the planning report as amended by the Planning Commission; and
WHEREAS, the Albertville City Council met on September 5, 2017 to consider the
subdivision application; and
WHEREAS, the Albertville City Council has received ISD 889’s application materials
including a site plan; staff review documents; the Planning Commission recommendation; and
agrees with the findings and recommendation of the Planning Commission and the August 3,
2017 planning report.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the subdivision for the ice arena expansion subject to the following
Decision:
Decision: Based on the foregoing information and applicable ordinances, the City Council
hereby APPROVES the subdivision for an ice arena expansion based on the plans dated July 18,
2017, subject to the following conditions:
1. Submission of a preliminary and final plat that identifies the new lot and block
configurations consistent with the site plan.
Agenda Page 156
City of Albertville
Meeting of October 2, 2017
Resolution No. 2017-037
Page 2
2. Description of all new and proposed drainage and utility easements to be shown on the
plat documents.
3. Description of all proposed easements to be vacated.
Adopted by the Albertville City Council this 2nd day of October, 2017.
_____________________________
Jillian Hendrickson, Mayor
ATTEST:
___________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 157
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2017-038
RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT, SITE AND
BUILDING PLAN FOR THE ST. MICHAEL / ALBERTVILLE ICE ARENA LOCATED
AT 5898 LACHMAN AVE NE
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, ISD 889 has submitted an application for a rezoning request from B-3 to
PUD and site and building plan for an ice arena expansion at the property located at 5898
Lachman Ave NE with Parcel Identification number 101-052-001010; and
WHEREAS, City Staff has reviewed submitted plans and prepared a planning report
dated August 3, 2017; and
WHEREAS, the Albertville Planning and Zoning Commission met and held a public
hearing on August 8, 2017, to consider the application for a rezoning from B-3 to PUD and site
and building plan; and
WHEREAS, upon considering the application materials, the August 3, 2017 planning
report, and public testimony the Planning Commission closed the public hearing and
recommended that the City Council approve the plans on a vote of 4 to 0 with conditions of the
planning report as amended by the Planning Commission; and
WHEREAS, the Albertville City Council met on October 2, 2017 to consider the
rezoning from B-3 to PUD, subdivision and site and building plan applications; and
WHEREAS, the Albertville City Council has received ISD 889’s application materials
including a site plan; staff review documents; the Planning Commission recommendation; and
agrees with the findings and recommendation of the Planning Commission and the August 3,
2017 planning report.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the PUD/ site and building plans for an ice arena expansion based on
the plans dated July 18, 2017, subject to the following conditions:
1. The PUD District uses are limited to the proposed ice arena and its accessory uses.
2. The PUD District approves the site design as identified in the plans dated and received
June 19, 2017 and July 28, 2017, and amended per the recommendations of this report.
3. The City approves a zero lot line building setback to connect the second sheet of ice to
the existing arena.
4. The City approves a zero parking lot setback for the west parking lot.
5. The City approves shared parking across both project lots and a portion of Central Park.
The applicants shall create a shared access and parking easement over the affected
Agenda Page 158
City of Albertville
Meeting of October 2, 2017
Resolution No. 2017-038
Page 2
properties. Said document shall be approved by the City Attorney and recorded against
all properties.
6. The City approves overflow on-street parking along Lachman Avenue for the ice arena.
7. The applicants shall provide exterior light details including cut sheets for all freestanding
and wall mounted fixtures, and pole design for freestanding lights. All exterior light
fixtures shall be 90 degree cut off lights with no exposed light sources.
8. All parking lots shall meet City design standards for paving, curbing, and striping.
9. The applicants shall construct a six foot wide sidewalk along Lachman Avenue for the
full length of the project site. The site plan shall provide sidewalk and crosswalk
connections between the public sidewalk and the building entrance.
10. The applicants shall work with City staff to improve the site access and reduce traffic
congestion concerns at the building entrance.
11. The applicants shall provide a landscape plan that addresses the following:
a. Plant schedule identifying plant species, size, and number.
b. The applicants shall provide a detail of the wetland restoration including plantings
and ground cover.
c. Replace landscaping in the Lachman Avenue right-of-way with a four foot tall
boundary fence. The applicants shall provide a fence detail.
d. Additional trees shall be planted along the easternmost parking lots.
12. Compliance with the City Engineer’s comments and recommendations for grading,
drainage, and utilities as outlined in the August 2, 2017 report.
Adopted by the Albertville City Council this 2nd day of October, 2017.
_____________________________
Jillian Hendrickson, Mayor
ATTEST:
___________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 159
NORTHWEST ASSOCIATED CONSULTANTS, INC.
__________________________________________________________________
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
37
PLANNING REPORT
TO: Adam Nafstad
FROM: Ryan Grittman / Alan Brixius
DATE: August 3, 2017
RE: Albertville – ISD 889 Ice Arena Expansion
FILE NO: 163.06 - 17.04
BACKGROUND
The St. Michael – Albertville School District #889 has submitted an application for an ice
arena expansion located along 5898 Lachman Avenue NE in the City of Albertville. The
proposal includes an additional sheet of ice (for a total of two); new concession stand;
new varsity locker rooms; new restrooms; and new viewing areas. The applicant seeks
to expand the building’s footprint by 6,323 square feet.
The project requires the following:
• A building and site plan review and approval.
• A rezoning to Planned Unit Development to allow building construction on two
parcels; shared parking; a building setback of zero feet; a parking lot setback of
zero feet; and other design flexibilities.
• Subdivision to adjust lot lines between the two lots.
• Vacation of drainage and utility easements along the shared property line.
Agenda Page 160
38
Attached for reference:
Exhibit A: Survey
Exhibit B: Site Plan
Exhibit C: Grading Plan
Exhibit D: Utility and Erosion Control Plan
Exhibit E: Main Floor Plan
Exhibit F: Upper Floor Plan
Exhibit G: Building Sections
Exhibit H: Roof Plan
Exhibit I: Photometric Plan
Exhibit J: Engineer’s Report Dated August 2, 2017
REZONING
The current site is zoned B-3, Highway Commercial. The proposed ice arena expansion
is a unique development in its design and use of the site. In this regard, the only zoning
tool available to address this unique development layout is to rezone the property to
PUD, Planned Unit Development District. Through this zoning district, the City may allow
the following development flexibilities:
• Construction of the building addition with a zero lot line on the shared building
wall. This allows the ice arena to sit on two separate lots.
• Shared parking and access for the two project lots and Central Park.
• Flexibility in parking stall number and setbacks.
Section 300.1 of the Albertville Zoning Ordinance establishes the following criteria for a
zoning map amendment:
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.
Comment: The City’s Visioning Study supports the arena expansion and
identifies a need for a second sheet of ice for the City. The following bullet points
from the Visioning Study support this project:
• The ice arena is an important community asset. It is a priority to retain and
expand this regional facility in Albertville.
• The ice arena expansion costs are to be shared with St. Michael, the
School District, and the Hockey Association. Building expansion on the
current site presents land area issues due to the building size and required
parking. To provide sufficient land, it is likely that Albertville will need to
identify and pay for a solution.
Agenda Page 161
39
2. The proposed use is or will be compatible with present and future land uses of the
area.
Comment: The area is adjacent to a bus garage to the west; a commercial use to
the north; a public park to the east; and a vacant lot to the south. The proposed
rezoning will fit with the character of the surrounding land uses.
3. The proposed use conforms with all performance standards contained herein.
Comment: A number of design flexibilities are required to allow this development.
These PUD flexibilities will be defined later in this report under the Site and
Building Plan review.
4. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
Comment: The Visioning Study recognizes that the ice arena will be a community
asset and is not expected to decrease the value of the area.
5. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
Comment: Lachman Avenue was constructed with the ice arena expansion in
mind. The site has access to the necessary utilities.
6. Traffic generation by the proposed use is within the capabilities of streets serving
the property.
Comment: The arena expansion will create more traffic than the current single
sheet ice area; however, as mentioned above, Lachman Avenue was constructed
with the ice arena expansion in mind.
Based on the aforementioned findings, staff supports the change of zoning from B-3 to
PUD.
SUBDIVISION
The proposed ice arena will be one building that will be located over two properties. This
arrangement allows for separate financing of the second sheet of ice. To allow this to
occur, the lot lines between the lots must be adjusted to fall on the shared building wall.
This will require a preliminary and final plat that will define the lots and adjust the
necessary easements.
The site plan shows this lot line adjustment and demonstrates the size of the new lots
will meet City standards. In developing the preliminary and final plat, the following
conditions must be met.
Agenda Page 162
40
The lots must meet the following area and width standards:
Parcel Lot Area Required Lot
Area
Lot Width Required Lot
Width
North Parcel 1.47 acres 1 acre 155 feet 100 feet South Parcel 2.43 acres 290 feet
Total 3.9 acres N/A 445 feet N/A
Easement Vacation. The building site plan shows the new second sheet of ice
encroaching on the lot line easement on the existing shared lot line. Additionally, the
parking lot extends south into a drainage and utility easement along the wetland to the
south.
Through the preliminary and final plat, these easements need to be vacated and
reconfigured to accommodate the new development. The replatting will allow for the
vacation of all existing easements on the two lots and re-establishment of new
easements that match the site design.
We would note that the affected easements do not contain utilities and as such, their
vacation will not impact the existing utility network.
SITE AND BUILDING PLAN REVIEW
Setbacks. The new sheet of ice will be connected to the existing ice arena, resulting in
a zero setback for this shared building wall. The PUD offers the zoning mechanism that
allows this unique design. The following table illustrates the building meets all other
required setbacks when compared to a P/I Zoning District:
Required Proposed Compliant
Front Yard (west) 35 feet 52 feet (approx.) Yes
Side Yard (south) 20 feet 138 feet (approx.) Yes
Side Yard (north) (existing) 20 feet 20 feet (approx.) Yes
Rear Yard 25 feet 62 feet (approx.) Yes
Shared Lot Line 20 feet 0 feet No
Maximum Building Height. The maximum building height in the P/I District is 35 feet.
The proposed building has a maximum height of 35 feet. The building height is
compliant with the City’s requirements.
Building Type and Design. The building plan shows the exterior of the building to be
finished with composite metal panels, concrete panels, masonry, brick, and glass. The
building plan also shows the rooftop equipment to be screened from view. This is
acceptable by City standards.
Agenda Page 163
41
Site Lighting. The applicants have submitted a lighting plan that shows nine light poles
for a total of 14 light fixtures. Further, the light plan shows 11 light fixtures attached to
the building. The light plan does not indicate how tall the light poles are. A plan set / cut
sheet of the light fixtures and pole height will be necessary for staff approval. Further,
the light fixtures shall be at a 90 degree cutoff with no exposed light source.
Trash Enclosure. The site plan shows an existing outdoor trash enclosure at the
northwest corner of the site. The plans show that this trash enclosure is to remain in
place after construction.
Parking. By code, an “auditorium” facility is required to have one parking stall per four
seats. The site plan shows approximately 720 seats in the new arena for a parking need
of 180 spaces. The site plan shows 163 parking stalls as well as six disability parking
stalls.
Currently, Lachman Avenue on-street parking is used for overflow event parking. In the
construction of Lachman, its design provided for parking on both sides of the street in
anticipation that the ice arena may have overflow parking for special events. This
historic use of on-street parking will continue to cover the shortfalls of the on-site parking
supply.
The parking lot design is properly dimensioned with 18 to 20 foot deep parking stalls and
drive aisles 24 feet wide. The proposal meets the requirements of the City Code.
Because the on-site parking runs across three different lots, the applicants must
establish shared access and parking easements over all parking and driveways. Said
easement must be recorded against both of the project lots and a portion of Central
Park.
The parking lot west of the building fails to meet the required five foot parking lot
setback. A zero parking lot setback must be approved as a PUD flexibility. The zero
parking lot setback results in the parking landscaping being located in the street right-of-
way. In review of this condition, the City shall recommend a four foot high boundary line
fence as an alternative to landscaping. Said fence shall be required to run the full length
of the angled parking. The applicants must provide a fence detail that provides an
attractive and durable fence that will screen headlights shining toward Lachman Avenue.
Pedestrian Access. The ice arena will rely on on-street parking along Lachman
Avenue. This creates the need for pedestrian connections to the arena. Staff
recommends the following:
1. Construction of a six foot wide sidewalk across the front of both ice arena lots.
The City will investigate the extension of the sidewalk from the ice arena’s north
lot line to County Road 37.
2. Provision of a sidewalk connection between the public side and the ice arena
entrance, including a marked crosswalk crossing the internal driveway.
Agenda Page 164
42
Site Access. The site plan proposes a single point of access to the ice arena. Review
of this design raises the following concerns:
1. The access location brings a lot of traffic congestion in very close proximity to the
arena entrance and drop-off areas.
2. The new curb cut provides two exit lanes. The right turn exiting provides only 45
feet of stacking. This will only allow two to three cars stacking before the access
to the west parking lot, the drop-off area, and building entrance is obstructed.
This will be problematic if multiple events are occurring or during changeover
events.
The site access will require some design adjustments to improve stacking and vehicle
maneuvering at the front of the building. City staff will work with the applicants to
improve access.
Landscaping. The site plan shows some proposed landscaping. Based on our review,
the following recommendations are offered:
1. The applicants must provide a detailed planting schedule that identifies plant
species, size, and quantity for approval by City staff.
2. The applicants must provide a wetland and wetland buffer restoration plan
addressing grading, plantings, and ground cover restoration. Photographs of any
proposed native grasses shall be provided by the applicants.
3. Landscaping along the west parking lot shall be replaced with a four foot tall
boundary line fence. The applicants shall provide a fence detail providing an
attractive and durable fence option.
4. Additional trees shall be planted along the easternmost parking stalls to provide
parking lot protection from foul balls.
Grading and Drainage Plan. The applicants have submitted a grading and drainage
plan that directs hard surface stormwater to collect in drain tile and move toward the
south of the property to a holding pond. The City Engineer has reviewed these plans
and made comments in his report dated August 2, 2017.
Stormwater Pollution Prevention Plan. The applicants have not submitted a SWPPP.
The City Engineer shall determine if a SWPPP is necessary.
Utility Connections. The water connection to the building is located along the west side
of the building. The utility plan does not show an electrical connection to the building.
An updated utility plan shall be submitted to show electrical connection to the building.
The City Engineer has reviewed the utility plans and made comments in his report dated
August 2, 2017.
Agenda Page 165
43
Fire Connection. The building plan shows a fire hydrant along the east side of the
building. The building will be required to have sprinklers. This is subject to further
review by the City Fire Chief.
Snow Storage. The building addition and parking lot will have a considerably high
impervious surface percentage. The applicants’ site plan shows a small snow storage
area to the east of the parking lot; and a large snow storage to the northeast of the
parking lot. The large snow storage area will be on a separate parcel. The applicants
shall confirm that the snow storage area is included on the shared parking agreement.
CONCLUSION AND RECOMMENDATION
Based on our review of the plans submitted on behalf of ISD 889 dated July 18, 2017,
we recommend the following:
Rezoning
The applicants are seeking to rezone the property to PUD District. Staff recommends
approval of the rezoning based on the following findings and conditions:
Findings:
1. The proposed rezoning is consistent with the goals and policies of the City of
Albertville.
2. The rezoning and resulting land use will be compatible with surrounding
properties.
3. The rezoning and resulting land use will not overburden City utilities or services.
4. The rezoning and resulting land use will not exceed the capacity of Lachman
Avenue.
5. The rezoning and resulting land use will bring a regional recreational facility to the
community that will benefit the community and School District.
Conditions: Through the approval of the PUD District, the following flexibilities and
conditions are applied:
1. The PUD District uses are limited to the proposed ice arena and its accessory
uses.
2. The PUD District approves the site design as identified in the plans dated and
received June 19, 2017 and July 28, 2017, and amended per the
recommendations of this report.
3. The City approves a zero lot line building setback to connect the second sheet of
ice to the existing arena.
Agenda Page 166
44
4. The City approves a zero parking lot setback for the west parking lot.
5. The City approves shared parking across both project lots and a portion of Central
Park. The applicants shall create a shared access and parking easement over
the affected properties. Said document shall be approved by the City Attorney
and recorded against all properties.
6. The City approves overflow on-street parking along Lachman Avenue for the ice
arena.
7. The applicants shall provide exterior light details including cut sheets for all
freestanding and wall mounted fixtures, and pole design for freestanding lights.
All exterior light fixtures shall be 90 degree cut off lights with no exposed light
sources.
8. All parking lots shall meet City design standards for paving, curbing, and striping.
9. The applicants shall construct a six foot wide sidewalk along Lachman Avenue for
the full length of the project site. The site plan shall provide sidewalk and
crosswalk connections between the public sidewalk and the building entrance.
10. The applicants shall work with City staff to improve the site access and reduce
traffic congestion concerns at the building entrance.
11. The applicants shall provide a landscape plan that addresses the following:
a. Plant schedule identifying plant species, size, and number.
b. The applicants shall provide a detail of the wetland restoration including
plantings and ground cover.
c. Replace landscaping in the Lachman Avenue right-of-way with a four foot
tall boundary fence. The applicants shall provide a fence detail.
d. Additional trees shall be planted along the easternmost parking lots.
12. Compliance with the City Engineer’s comments and recommendations for
grading, drainage, and utilities as outlined in the August 2, 2017 report.
Subdivision
In review of the requested subdivision and easement vacation, we recommend the
following:
1. Submission of a preliminary and final plat that identifies the new lot and block
configurations consistent with the site plan.
Agenda Page 167
45
2. Description of all new and proposed drainage and utility easements to be shown
on the plat documents.
3. Description of all proposed easements to be vacated.
4. Said plan submission shall be brought back to the Planning Commission and City
Council for consideration in September.
c. Kim Olson
Maeghan Becker
Paul Heins
Mike Couri
Terry Zerwas – terryz@stma.K12.mn.us
Laura Detzler, Anderson Johnson Associates – laura@AJAINC.net
Agenda Page 168
EXHIBIT A46Agenda Page 169
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0,1%277202)6721((/(9$7,21 3529,'(0,1&/($16721($5281''5$,17,/((;7(1'6721(%(/2:(/(9$7,21 $65(48,5(':+(5('5$,17,/(,19(57(/(9$7,21,6%(/2:(/(9$7,21 6/23((;3$16,21-2,173(53$9(50$18)$&785(55(&200(1'$7,2166/23(*877(572:$5'63$9(56&&EXHIBIT B47Agenda Page 170
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
35(/,0,1$5<3/$1)ULGD\-XO\EXHIBIT C48Agenda Page 171
'$</,*+7'5$,17,/(3529,'(5$7*8$5'$$$&211(&772(;,67,1*6$1,7$5<6(59,&(&211(&7'772(;,67,1*&%5HYLVHG&KHFNHGE\'DWH'UDZQE\6KHHW7LWOH&RPPLVVLRQ1XPEHU3URMHFW7LWOH6KHHW1XPEHU6FDOH 3ODQ1RUWK1RUWK$5&+,7(&765(*2<281*48,67:D\]DWD%RXOHYDUG6XLWH6W/RXLV3DUN0LQQHVRWD3KRQH )D[ DU\DUFKFRP5$<,6'6W0LFKDHO$OEHUWYLOOH01670,&+$(/$/%(579,//(,&($5(1$&'$5/-'87,/,7<$1'(526,21&21752/3/$1
35(/,0,1$5<3/$1)ULGD\-XO\/(*(1'5()(5(1&(.(<726,7('(7$,/6'(7$,/,'180%(5 723 '(7$,/6+((7180%(5 %27720 (;,67,1*&217285(;,67,1*6327(/(9$7,21352326('&217285352326('6327(/(9$7,210( 0$7&+(;,67,1*(2) (0(5*(1&<29(5)/2:7: 7232):$//%: %277202):$//352326('*5$',1*/,0,76352326('6$1,7$5<6(:(5352326('672506(:(5352326(''5$,17,/(),1*(5'5$,1352326('0$1+2/( 0+ 6(',0(17&21752/'(9,&($7672506(:(5,1/(7352326('6,/7)(1&(352326('6(',0(17&21752//2*352326('52&.&216758&7,21(175$1&(352326('%8,/',1*672235()(572$5&+,7(&785$/3/$163523(57</,1(;;95554.6$EXHIBIT D49Agenda Page 172
EXHIBIT E50Agenda Page 173
EXHIBIT F51Agenda Page 174
EXHIBIT G52Agenda Page 175
EXHIBIT H53Agenda Page 176
EXHIBIT I54Agenda Page 177
Albertville City Hall ● 5959 Main Avenue NE, PO Box 9 ● Albertville, MN 55301 ● (763) 497-3384
M E M O R A N D U M
Date: August 2, 2017
To: Al Brixius, City Planner
Cc: Paul Heins - Building Official
Eric Bullen - Fire Chief
David Ray, P.E. - Anderson Johnson Associates, Inc.
Bob Rego, - ARY, District Architect
From: Adam Nafstad, P.E., City Engineer
Subject: 2018 St. Michael – Albertville Ice Arena Addition
Site Plan Review
I have reviewed the civil engineering submittal documents for the project referenced above. The
documents include a civil plan set prepared by Anderson Johnson Associates, Inc. The plan
sheets reviewed include C1.2, C1.31 and C1.41, and titled: Site Plan, Grading Plan, and Utility
and Erosion Control Plan, respectively.
The civil documents submitted are not complete and a great deal of design and drafting is
still needed to develop a complete and legible civil plan. As such, all comments are based
on the preliminary nature of the submitted plan.
Civils Plans – all future civil plan submittals shall be signed and dated by a licensed engineer.
Traffic - A traffic impact study for this project has not been required.
SAC and WAC - Sewer and water access fees will be determined at the time of building permit.
Arena/Construction Separation - Plans for construction site separation and safety have not been
submitted or reviewed. It is understood the Architect will specify the necessary safety
provisions. Excavations, equipment, materials, and construction activity will need to be properly
confined to protect public.
Parking Provisions during Construction - The School District is working to coordinate off-site
parking and transit options for the 2017/18 hockey season while construction is taking place.
Permits - The Applicant shall secure all necessary construction permits required for the
improvements and shall provide the City with a copy of the permits prior to the start of
construction. Known permits include Mn Department of Labor and Industry, Mn Department of
Health (watermain), WCA wetland related permits, and MPCA General Stormwater.
Record Drawings - an as-built of all site improvements, as described by the City’s As-Built
Checklist, shall be submitted prior to issuance of CO.
EXHIBIT J55Agenda Page 178
Plan Review Memo – Arena Addition
08/02/17
Page 2 of 3
Albertville City Hall ● 5959 Main Avenue NE, PO Box 9 ● Albertville, MN 55301 ● (763) 497-3384
Removals/Demolition - A removal/demolish plan is required.
Utility Improvements - All utility improvements shall be constructed in accordance with the
latest edition of CEAM’s Standard Utility Specifications and Albertville City Standards.
Drainage and utility easements shall be established over all sewer and water improvements.
Sanitary Sewer - A detailed design of the sanitary sewer service is needed, or verify the existing
sewer service is adequate for proposed use.
Landscape Plan – Provide detailed landscape plan
Retaining Wall – Provide detailed retaining wall design
Watermain and Fire Protection -A detailed design of the watermain improvements is needed, and
shall include/address:
Design of domestic water service, or verify the existing sewer is adequate.
Hydrant spacing and water supply shall meet the requirements of the latest version of the
Minnesota State Fire Code or that of Albertville’s Fire Chief. Applicant shall verify fire
flow requirements, fire hydrant locations and distribution.
Applicant shall identify fire apparatus access routes including route width, clear zone,
and turning dimensions.
All watermain fittings shall be epoxy coated and all fittings and valves shall be secured
utilizing COR-BLUE T-BOLTS as manufactured by NSS Industries or approved equal,
with the use of sacrificial zinc anode caps.
Watermain pipe shall be PVC C900 and installed with 8-gauge solid coated copper tracer
wire and attached to the bottom flange of all hydrants
Hydrants shall be Waterous Pacer Style, Model WB67-250 (no weather shield on nut)
and shall have a bury length of 8-feet.
All water shut–offs, charging, pressure testing, disinfection and inspections with City’s
Utility Superintendent.
Grading, Drainage and Erosion Control –
A detailed design is needed.
Design the parking facilities without pervious pavers, as the Arena does not have the
resources to maintain this type of infrastructure. An underground storage system is
believed to be a more cost effective stormwater management system.
Provide stormwater calculations.
Wetland Related Items -
A wetland delineation and report shall be completed for the wetlands located on the
EXHIBIT J56Agenda Page 179
Plan Review Memo – Arena Addition
08/02/17
Page 3 of 3
Albertville City Hall ● 5959 Main Avenue NE, PO Box 9 ● Albertville, MN 55301 ● (763) 497-3384
property and submitted to the City in accordance with the WCA rules – chapter 8420.
Approved wetland boundary shall be shown on plan.
If there will be impacts to the wetland, additional permitting and migration will be
required.
Parking Lot -
A detailed design is needed.
Include a boulevard sidewalk along Lachman Avenue.
All sidewalks, pedestrian ramps, handicap stalls and accessible routes shall be compliant
with ADA standards.
Signing and striping of the parking lots shall be in accordance with the latest edition of
the MMUTCD and as required by fire regulations.
The existing portions of the parking lot that are not to be removed will need to milled,
overlayed, and striped as part of the project. Cracked and damaged curb and sidewalk
will also need to be replaced as part of the project. These areas are intended to be used
for construction staging, storage, etc. and will be damaged as such.
Please contact me at (763) 497-3384 ext. 100 with any questions.
EXHIBIT J57Agenda Page 180
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-031
RESOLUTION VACATING PORTIONS OF DRAINAGE AND UTILITY
EASEMENTS IN TOWNE LAKES 5TH ADDITION AND
TOWNE LAKES 6TH ADDITION WITHIN
THE CITY OF ALBERTVILLE
WHEREAS, the City Council, pursuant to a petition submitted to it by HSB
Ventures, LLC under Minnesota Statute §412.851, did hold a public hearing on
October 2, 2017 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 portions of drainage
and utility easements 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 those portions of the drainage and utility easements described below as such
easements are 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 the drainage and utility easements dedicated in the plats of TOWNE
LAKES 3RD ADDITION and TOWNE LAKES 5TH ADDITION,
according to the recorded plats thereof, Wright County, Minnesota, lying
within Outlot B of TOWNE LAKES 6TH ADDITION, according to the
recorded plat thereof are hereby vacated effective upon the recording of the
plat of TOWNE LAKES 7TH ADDITION.
2. The drainage and utility easement dedicated in the plat of TOWNE LAKES
3RD ADDITION, according to the recorded plats thereof, lying within Lot
1, Block 4 of said TOWNE LAKES 3RD ADDITION is hereby vacated
effective upon the recording of the plat of TOWNE LAKES 7TH
ADDITION.
3. The drainage and utility easements granted to the City of Albertville as
described in Document No. 1164291, on file in the office of the County
Agenda Page 181
City of Albertville
Meeting of October 2, 2016
Resolution No. 2017-031
Page 2
2
Recorder, Wright County, Minnesota, are hereby vacated effective upon the
recording of the plat of TOWNE LAKES 7TH ADDITION.
4. 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 2nd day of October, 2017.
________________________________
Jillian Hendrickson, Mayor
ATTEST:
________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 182
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-032
RESOLUTION VACATING ALL DRAINAGE AND UTILITY EASEMENTS IN
LOT 1, BLOCK 1, BARTHEL COMMERCIAL PARK 2ND ADDITION AND LOT 1,
BLOCK 1, BARTHEL COMMERCIAL PARK 3RD ADDITION WITHIN THE
CITY OF ALBERTVILLE
WHEREAS, the City Council, pursuant to a petition submitted to it by
STMA School District ISD 885 under Minnesota Statute §412.851, did hold a public
hearing on October 2, 2017 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 portions of
drainage and utility easements 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 those portions of the drainage and utility easements described below as such
easements are 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:
Legal Description: (To be completed….)
Adopted by the Albertville City Council on the 2nd day of October, 2017.
________________________________
Jillian Hendrickson, Mayor
ATTEST:
________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 183
City Administrator’s Update
September 28, 2017
GENERAL ADMINISTRATION
Arena Board: The JPA/ownership/operations agreement was discussed again at the Arena
Board meeting. It appears all parties are in agreement with the terms of the agreement and
will review one last time at their October meeting. One modification to the agreement will be
language requiring approval from all parties for any expenditure exceeding available arena
capital reserves. The agreement will be an agenda item for the large group meeting with the
School District and St. Michael in October
Park Committee: The Park Committee met and continues to work hard on Westwind and
Central Park. Park equipment for Westwind Park has been selected and staff is in the process
of getting quotes. The concept for Westwind is generally complete, and now the group is
focusing more on design details. The Central Park design concepts continue to evolve. The
Central Park improvements are challenging because the park is used for so many differing
events and space is limited. Parks Committed discussed potential options to expand Central
Park, which staff will be reviewing the Council.
Newsletter: The Fall 2017 newsletter is scheduled to hit mailboxes prior to the City Council
meeting.
ENGINEERING/PUBLIC WORKS
CSAH 18 Improvements: The County is working on preliminary design for reconstruction of the
CSAH 18 (50th Street NE) from Barthel Industrial Drive to Naber Ave. This will be a 2018
construction project and include a new Barthel/MacIver/50th Street intersection. The project
will include reconstruction of the trail, however, it has yet to be determined if the trail will be
on the north side or south side. Currently the trail is on the north side of 50th. There will be city
costs associated with the project based on the cost participation policy, which I will know about
soon.
CASH 38 Improvements: The County is also working the preliminary engineer for CSAH 38 west
of CSAH 19. This is scheduled to be a 2019 project.
Primary School Addition: Construction is underway. Also, I shared the concerns of the Council
with regard to internal traffic circulation and the District has been very receptive. They have
widened the north driveway to allow for three lanes of ingress/egress and understand that the
barricades cannot be a permanent solution. If the parking lot functions according to their plan,
they will remove the south driveway.
Towne Lakes 6th Addition: Building is progressing and currently 2 buildings (10-units) are
underway.
Agenda Page 184
City Administrator’s Update Page 2 of 2 September 28, 2017
Towne Lakes 7th Addition: Grading of the side is underway and it is understood the Developer
will begin infrastructure improvements immediately after the plat has been approved by the
Council. The pre-construction meeting is scheduled for October 4.
Hunters Pass 3rd Addition: Grading of the side is underway and it is understood the Developer
will begin infrastructure improvements immediately after the plat has been approved by the
Council. The pre-construction meeting is scheduled for October 4.
Central Park Depot: Depot construction is underway and the foundation is in, as well as, sewer
and water services.
Repairs to 51st Street NE Cul-de-sac: We are reviewing options to improve this temporary
dead-end and will report back to the Council.
2017 Street and Trail Improvements Project: The street portion of the project is generally
complete with the exception of punchlist items. The Towne Lakes trails portion of the work is
underway and will be complete in the next week or so. Albertville Public Works will be
completing the restoration portion of the project.
CSAH 19 and 57th Street Signal Improvements: The project is underway and work on the 57th
Street medians will be taking place yet this week.
Attachments: (none)
Agenda Page 185