2016-10-03 CC Agenda Packet
City of Albertville Council Agenda
Monday, October 3, 2016
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.
M:\Public Data\City Council\Council Packet Information\2016\100316\2016-10-03 CC Agenda.docx
Meeting Date:October 3, 2016
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 19, 2016 regular City Council meeting minutes as presented
(pgs )
B. Authorize the Monday, October 3, 2016 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 )
C. Adopt Resolution 2016-025 Approving a Decrease in Debt Service Levies (pg )
D. Approve 3rd Quarter Budget to Actual Report – Un-audited (pgs )
E. Approve 3rd Quarter Accounts Receivable Report (pg )
F. Approve Resolution No. 2016-026 Approving Additional Election Judges for the
November 8, 2016 General Election (pgs )
7. Public Hearings – None
8. Department Business
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
Agenda Page 1
City of Albertville Council Agenda
Monday, October 3, 2016 Page 2 of 3
M:\Public Data\City Council\Council Packet Information\2016\100316\2016-10-03 CC Agenda.docx
Meeting Date: October 3, 2016
B. Planning/Zoning –
1). Karston Cove 4th Addition Preliminary and Final Plat (pgs )
(Motion to Approve Resolution No. 2016-027 Approving an amendment to the
Karston Cove Conditional Use Permit/Planned Unit Development and the
Preliminary and Final Plat of the Karston Cove 4th Addition and to vacate select
easements within Karston Cove 4th Addition.)
C. Public Works/Engineering
1). Purchase of a Used Utility Chipper (pg)
(Motion to approve purchasing a used 2013 Bandit M-200 Utility Chipper in the
amount of $20,000 from Tri-State Bobcat.)
D. Legal
1). City Attorney Report (pgs )
E. Fire – None
F. Finance – None
G. City Clerk – None
H. Building – None
I. Administration
1). City Administrator’s Update (pgs )
9. Announcements and/or Upcoming Meetings
October 5 Fire Advisory Committee, 6:00 p.m.
October 6 Fire Business Meeting, 8:00 p.m.
October 10 STMA Ice Arena Board, 6:00 p.m.
October 11 Planning Commission, 7:00 p.m.
October 17 City Council, 7:00 p.m.
October 24 Joint Powers Water Board, 6:00 p.m.
November 7 City Council, 7:00 p.m.
November 8 Election Day, Polls Open 7:00 a.m. – 8:00 p.m.
November 9 Planning Commission, 7:00 p.m.
November 10 City Offices Closed, Observance of Veterans Day
November 14 STMA Ice Arena Board, 6:00 p.m.
November 21 City Council, 7:00 p.m.
November 24/25 City Offices/Public Works Closed, Thanksgiving
November 28 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 8:00 p.m.
Agenda Page 2
City of Albertville Council Agenda
Monday, October 3, 2016 Page 3 of 3
M:\Public Data\City Council\Council Packet Information\2016\100316\2016-10-03 CC Agenda.docx
Meeting Date: October 3, 2016
OCTOBER
NOVEMBER
Su M Tu W Th F Sa
Su M Tu W Th F Sa
1
1 2 3 4 5
2 CC 3 4 FAC5
FB
6 7 8
6 CC 7
ED
8 PC9 H 10 11 12
9 Ice 10 PC11 12 13 14 15
13 Ice 14 15 16 17 18 19
16 CC 17 18 19 20 21 22
20 CC 21 22 23
H
24
H
25 26
23 JP24 25 26 27 28 29 27 JP28PK 29 30 30 JM 31
10. Adjournment
Agenda Page 3
Page 1
ALBERTVILLE CITY COUNCIL
Monday, September 19, 2016
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:01 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch
Absent: None
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, Finance Director
Tina Lannes, and City Clerk Kimberly Olson
Others Present: Wright Count Commissioner Mike Potter, Aaron Cocking, Trish Holm
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS – None
4. PUBLIC FORUM – (time reserved 5 minutes)
Wright County Commissioner Mike Potter was present to give an update on the activities at Wright
County. He reviewed the County’s preliminary levy increase of 4.99%; however, he indicated that
increase is offset by new tax capacity that has been created in the County. He also reviewed
progress on a new court services building, the new highway department building, change in library
hours in St. Michael, and transit within the County. Hendrickson inquired if Wright County is any
closer to using Trailblazer transit services and Potter replied it may be a possibility in future years.
5. AMENDMENTS TO THE AGENDA
Motioned by Vetsch, seconded by Sorensen, to approve the Agenda as presented. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on
the Consent agenda following the approval of the remaining Consent items. These items will be
approved by a separate motion.
Agenda Page 4
City Council Meeting Minutes Page 2
Regular Meeting of September 19, 2016
A. Approve the September 6, 2016 regular City Council meeting minutes as presented
B. Authorize the Monday, September 19, 2016 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 the Memorandum of Understanding between Wright County and the City of
Albertville for the Purchase of Salt for the 2016-2017 Snow and Ice Removal Season at a
cost of $78.33 per ton, which is subject to fuel escalation
D. Approve a Major Temporary Outdoor Music Permit for the 152 Club, Inc. for September
24, 2016 located at 5794 Main Avenue NE
E. Reduce Letter of Credit No. 2220 held as security for the Hunters Pass 2nd development
from $15,973 to no less than $9,273, conditioned on any outstanding balances owed to the
City being paid in full
Motioned by Olson, seconded by Hudson, to approve the Consent Agenda as presented. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
7. PUBLIC HEARINGS – None
8. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
STMA Ice Arena Board
Hudson reported the STMA High School Blue Line Club will be paying for a press box at the arena
and they also discussed a request for new bleachers.
Hudson also reported the Board discussed ownership of the 2nd sheet of ice should the bond
referendum pass, which was not an agenda item. More discussion in the future on this item will be
needed.
Planning Commission
Hudson stated that the Planning Commission held the public hearing for the development application
for the Karston Cove 4th Addition. He stated that it was a very complex item to understand as there
was a lot of history associated with the Karston Cove developments and felt it took a real effort for
the Commission to understand all the details. He noted this was an agenda item for later in the
meeting.
B. Finance
1). 2017 Preliminary Budget and Property Tax Levy
Lannes reported they must approve the 2017 Preliminary Levy and Budget at this meeting. The
Council may lower the levy limit in December when they approve the final Levy and Budget, but
they may not increase it.
Agenda Page 5
City Council Meeting Minutes Page 3
Regular Meeting of September 19, 2016
Motioned by Vetsch, seconded by Sorensen, to Approve Resolution No. 2016-023 adopting the
2017 Preliminary Property Tax Levy. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch.
Nays: None. Absent: None. MOTION DELARED CARRIED.
Motioned by Hudson, seconded by Olson, to Approve Resolution No. 2016-024 adopting the 2017
Preliminary Budget. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. MOTION
DECLARED CARRIED.
2). Audit Services
Lannes reported they received quotes from two vendors for the 2016 audit services. She stated both
companies have provided good services in previous dealings with the City, although one came in
lower than the other for the 2016 audit services and that is who staff would recommend. Sorensen
felt that it is beneficial to switch vendors from time to time.
Motioned by Hudson, seconded by Sorensen, to Approve the quote from Abdo, Eick & Meyer,
LLP for 2016 audit services in the amount of $24,000. Ayes: Hendrickson, Hudson, Olson,
Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED.
C. Planning/Zoning
1). Karston Cove 4th Preliminary and Final Plat Update – Verbal
Couri stated that the original development was done by Woodside. At that time, fourteen properties
on the north side of 64th Street NE were built; however, the 29 townhome units planned for the south
side of 64th Street have not developed. He explained because the developer did not complete the
improvements by October 31, 2010 per the developer’s agreement, the City drew on the developer’s
Letter of Credit so the City could install the improvements if needed. Couri also explained that with
the improvements not complete and the development agreement as is, the City only has until October
31, 2016 to file legal action. Woodside sold the property to Centra Homes LLC who now has
ownership. Centra Homes LLC is seeking a preliminary and final plat and vacation of drainage and
utility easements for the southern property to replat it as an outlot. This means the property is
unbuildable until it is replatted again. The Planning Commission held a public hearing on the item
and heard concerns from the HOA for the 14 properties to the north. Couri reported the HOA’s
primary concern is if the lots are replatted, the southern properties would not be required to join the
HOA as per previous agreements.
Couri reported staff’s recommendation is to amend the Developer’s Agreement to reserve the right
to require the southern properties to join the HOA when it develops and to also approve the
preliminary and final plat.
Council discussed whether certain improvements, specifically sidewalk, should be required to be
done now or when the property develops. Olson felt construction of the sidewalk needed to be a
condition. He stated it is the only section that is not complete along that street segment. Vetsch
inquired about the pond for the development. Nafstad stated the pond is on the north side of 64th
Street and is the HOA’s responsibility to maintain; however, the City may want to consider taking
over its maintenance. Couri explained the drainage pond is covered by an easement and the City can
impose the right to maintain it, but cannot bill it to the HOA.
Agenda Page 6
City Council Meeting Minutes Page 4
Regular Meeting of September 19, 2016
Nafstad stated this item is scheduled for the October 3, 2016 City Council meeting. Hudson would
like to see the Planning Commission invited to offer their comments and suggested posting it as
either a joint meeting or possible quorum. Staff indicated they would post the meeting as needed.
Olson inquired to the costs of sidewalk installation and Couri stated the Letter of Credit would be
returned less the cost of the improvements.
D. Public Works/Engineering - None
E. Fire – None
F. City Clerk - None
G. Building – None
H. Legal – None
I. Administration
1). City Administrator’s Update
Nafstad reported the 3rd Annual Open Streets event was a success again this year.
Nafstad stated that Central Park ballfield lighting would be completed in October.
The Main Avenue NE railroad crossing is still slated to be completed this year.
Nafstad reported the next Joint Governance meeting is scheduled for Monday, October 31, 2016 in
St. Michael and Nafstad suggested they may want to reschedule or cancel the meeting. Council
agreed the 31st was not a good date to meet.
9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS
September 26 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 8:00 p.m.
October 3 City Council, 7:00 p.m.
October 5 Fire Advisory Committee, 6:00 p.m.
October 6 Fire Business Meeting, 8:00 p.m.
October 10 STMA Ice Arena Board, 6:00 p.m.
October 11 Planning Commission, 7:00 p.m.
October 17 City Council, 7:00 p.m.
October 24 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 8:00 p.m.
October 31 Joint Governance Meeting, 6:00 p.m., St. Michael
10. ADJOURNMENT
Agenda Page 7
City Council Meeting Minutes Page 5
Regular Meeting of September 19, 2016
Motioned by Sorensen, seconded by Hudson, to adjourn the meeting at 8:03 p.m. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
Agenda Page 8
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2016\100316\2016-10-03 Finance Bills Report (RCA).doc
Meeting Date: October 3, 2016
September 30, 2016
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 3, 2016 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 9
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2016-025
A RESOLUTION ADOPTING DECREASE IN DEBT SERVICE LEVIES
WHEREAS, the City Council is the official governing body of the City of Albertville;
and,
WHEREAS, the City Financial Staff has advised the City Council that the amount of
money available in the City’s Debt Service Funds for the General Obligation Bond accounts,
including interest earnings, excess funds on hand in the debt service or other income, will be
sufficient principal and interest due on the following bonds during the duration of the terms until
maturity,
Bond Issue Original 2016 Levy 2017 Levy Future Levy
I-94 PFA $60,000 $53,000 $53,000
WHEREAS, the City is authorized, pursuant to the provisions of the respective Bond
Resolution, and the Minnesota Statutes, Section 475.61, to direct the City Clerk of the City to
certify to the County that sufficient funds are available to pay principle and interest due on the
bonds for each year until the term of the bond is completed and matured and to request that the
County decrease the levy for payable 2016 and the future years with respect to the Bonds.
Adopted by the Albertville City Council this 3rd day of October, 2016.
________________________________
Jillian Hendrickson, Mayor
ATTEST:
_________________________________
Kimberly A. Olson, City Clerk
Agenda Page 10
Mayor and Council Communication
M:\Public Data\City Council\Council Packet Information\2016\100316\100316 3rd Quarter 2016 Budget to Actual RCA.docx
Meeting Date: October 3, 2016
September 26, 2016
SUBJECT: CONSENT – FINANCE – 3RD QUARTER REPORT – UN-AUDITED
3rd QUARTER BUDGET TO ACTUAL:
Attached is the 3rd Quarter 2016 un-audited General Fund summary of revenues and
expenditures. Revenues and expenditures should be at approximately 75%. This summary
shows operating revenues are at 54.3% and operating expenses are at 71.2%. No action is
required at this time.
VARIANCES:
Revenue:
• 2nd half Property Taxes and LGA - Not received until December
• State Aid for MSA roads not received until October
• Police Aid – Not received until October
• Fire Aid – Not received until October
• Third Quarter Electric Franchise fees not received until October
• Interest Earnings – Interest on Investments are not allocated until December
Expenses:
• General Government – used general fund monies not budgeted for sign
• Elections – second half of 2016
• City Assessor – paid in full to Wright County for 2016
• City Engineer – consultant fees for work requests not project specific (school crossing,
railroad crossing, traffic study)
• Planning and Zoning more activity then budgeted
Responsible Person/Department: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachment: 2016 Budget to Actual
Agenda Page 11
2016 2016 Actual % of
Budget 9/26/2016 Budget
31010 Current Ad Valorem Taxes 1,812,082 941,281 51.9%
32100 Business Licenses & Permits 27,000 29,135 107.9%
32110 Liquor Licenses 29,500 33,979 115.2%
32120 3.2 Liquor Licenses 75 30 40.0%
32150 Sign Permits 1,200 1,195 99.6%
32210 Building Permits 79,000 77,912 98.6%
32240 Animal Licenses 600 1,368 228.1%
33401 LGA Revenue Expected 90,462 - 0.0%
33405 Police Aid 30,000 - 0.0%
33406 Fire Aid 43,000 - 0.0%
33422 Other State Aid Grants 10,000 5,363 53.6%
34000 Charges for Services 2,000 2,814 140.7%
34005 Engineering As Built Fee 3,000 1,950 65.0%
34101 Leases - City Property 1,440 2,875 0.0%
34103 Zoning & Subdivision Fees 2,000 1,400 70.0%
34103 Plan Check Fee 38,000 36,374 95.7%
34106 Title Searches 2,000 2,840 142.0%
34113 Franchise Fee - Cable 72,000 56,113 77.9%
34202 Fire Protection Contract Charges 253,304 183,080 72.3%
34780 Rental Fees 10,000 10,532 105.3%
34950 Other Revenues 8,000 8,738 109.2%
34110 Arena 12,323 9,242 75.0%
34112 Franchise Fee - Electric 115,000 42,336 36.8%
36210 Interest Earnings 25,000 26 0.1%
Total Revenues 2,666,986$ 1,448,583$ 54.3%
2016 2016 Actual % of
Budget 9/26/2016 Budget
41000 General Government 30,000 51,582 171.9%
41100 Council 40,059 32,625 81.4%
41300 Combined Administrator/Engineer 89,858 58,533 65.1%
41400 City Clerk 98,256 73,804 75.1%
41440 Elections 15,500 5,798 37.4%
41500 Finance 111,757 71,169 63.7%
41550 City Assessor 29,870 28,616 95.8%
41600 City Attorney 40,000 15,773 39.4%
41700 City Engineer 20,000 30,847 154.2%
41800 Economic Development 5,000 2,675 53.5%
41910 Planning & Zoning 41,507 48,228 116.2%
41940 City Hall 131,696 67,863 51.5%
42000 Fire Department 442,808 322,120 72.7%
42110 Police 684,750 514,962 75.2%
42400 Building Inspection 159,144 116,377 73.1%
42700 Animal Control 5,000 4,282 85.6%
43100 Public Works - Streets 301,624 181,641 60.2%
45000 Culture & Recreation 69,809 41,930 60.1%
45100 Parks & Recreation 269,348 177,420 65.9%
43160 Electric street lights 81,000 52,182 64.4%
Total Expenditures 2,666,986$ 1,898,428$ 71.2%
2016 2016 Actual % of
Budget 9/26/2016 Budget
102 Capital Levy 937,465 468,733 50.0%
Total Revenues 937,465$ 468,733$ 50.0%
2016 2016 Actual % of
Budget 9/26/2016 Budget
102 Capital Expenses 937,465 448,907 47.9%
Total Expenditures 937,465$ 448,907$ 47.9%
2016 Capital Fund
Capital Fund 102 Revenues
Capital Fund 102 Expenditures
2016 Council Update
GENERAL FUND OPERATIONS
General Fund Revenue:
General Fund Expenditures
data$/Public Data / Finance / Budget/Qtr budget update.xlsx
Agenda Page 12
Mayor and Council Communication
M:\Public Data\City Council\Council Packet Information\2016\100316\AR Monthly Report RCA1016.doc
Meeting Date: October 3, 2016
September 26, 2016
SUBJECT: CONSENT – FINANCE – ACCOUNTS RECEIVABLE REPORT
ACCOUNTS RECEIVABLE:
Total accounts receivable outstanding through September 26, 2016 is $102,717.28
The percentage of the total due based on the aging report is as follows:
0-30 days outstanding $82,262.51 80.09%
30-60 days outstanding $16,225.44 15.80%
60-90 days outstanding $ 482.45 .47%
Over 90 days outstanding $ 3,746.88 3.65%
The majority of the 90-day outstanding invoices are related to rental properties and will be
assessed to the property in November if the amount is still unpaid.
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 13
Mayor and Council Communication – October 3, 2016
FINANCE – Accounts Receivable Report Page 2 of 2
M:\Public Data\City Council\Council Packet Information\2016\100316\AR Monthly Report RCA1016.doc
Meeting Date: October 3, 2016
Vendor
Amount
Due 0-30 Days
30-60
days
60-90
days
90 days &
Over
ALBERTVILLE MARKETPLACE LLC $106.88 $106.88
ALBERTVILLE PHASE III, LLC $107.77 $0.89 $106.88
FIRST SERVICE RESIDENTAL
MGMT $216.88 $216.88
FYCC $522.33 $266.55 $255.78
GREIG, MITCHELL $921.37 $3.79 $458.79 $3.79 $455.00
HUGHES, TERRANCE & LYNDA $431.07 $109.55 $0.89 $213.75 $106.88
IH2 PROPERTY ILLINOIS LP $921.37 $3.79 $458.79 $3.79 $455.00
JUDKINS, VICTORIA REV TRUST $921.37 $3.79 $458.79 $3.79 $455.00
KILBER SECTION 36 LLC $892.50 $340.00 $552.50
LOPEZ, RAINER $921.37 $3.79 $458.79 $3.79 $455.00
MARCUS HOMES LLC $921.37 $3.79 $458.79 $3.79 $455.00
MIDWEST HOCKEY PROGRAM $2,625.00 $2,625.00
MOONEY, MICHAEL $330.63 $330.63
NAGORSKI, JULIA $921.37 $3.79 $458.79 $3.79 $455.00
NEIGHBORS BAR & GRILL $332.60 $1.10 $200.00 $131.50
OTSEGO, CITY OF $63,326.11 $63,326.11
PLEASANT CREEK HOA $42.75 $42.75
PROGRESSIVE INSURANCE $8,706.35 $8,706.35
STEVENS, JUSTIN $921.37 $3.79 $458.79 $3.79 $455.00
STMA SOCCER CLUB $5,674.95 $2,865.60 $2,809.35
STMAYHA $12,000.00 $12,000.00
VOELLER, NEIL & SHANNON $921.37 $3.79 $458.79 $3.79 $455.00
WIITALA, ERIC $30.50 $0.25 $30.25
Total $102,717.28 $82,262.51 $16,225.44 $482.45 $3,746.88
Current 0-30 days $82,262.51 80.09%
30-60 days $16,225.44 15.80%
60-90 days $482.45 0.47%
over 90 day $3,746.88 3.65%
Agenda Page 14
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2016-026
A RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES
FOR THE 2016 GENERAL ELECTIONS
WHEREAS, the City Council is required by Minnesota State Statute 204B.21, Section 2,
to officially approve the appointment of election judges; and
WHEREAS, the Albertville City Council hereby adopts the judges listed on Exhibit A,
hereto attached, as additional Election Judges for the November 8, 2016 General Election, with
the understanding that amendments may be necessary to the appointments in order to fill
vacancies and meet party balance requirements, and
NOW, THEREFORE, BE IT RESOLVED, the City Council appoints the individuals
listed on Exhibit A, hereto attached, the 2016 General Election at a rate depending on
qualifications.
Exhibit A – Attached
Adopted by the City Council of the City of Albertville this 3rd day of October, 2016.
Jillian Hendrickson, Mayor
ATTEST:
Kimberly A. Olson, City Clerk
Agenda Page 15
City of Albertville
Meeting of October 3, 2016
Resolution No. 2016-026
Page 2
Exhibit A
Additional Election Judges for the 2016 General Election
Erin Smeby
Paulette Buhrmann
Frances Dietrich
Brittany Kisner
Cheryl Mattsen
Peter Ramos
Dennis Kueng
Karen Mason
Doug Potter
Agenda Page 16
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2016\100316\Karston Cove Pre and Final Plat RCA - MC & AN REVISED.docx
Meeting Date: October 3, 2016
September 29, 2016
SUBJECT: PLANNING - KARSTON COVE 4TH ADDITION PRELIMINARY PLAT AND FINAL PLAT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve Resolution No. 2016-027 Approving an amendment to the Karston
Cove Conditional Use Permit/Planned Unit Development and the Preliminary and Final Plat of
the Karston Cove 4th Addition and to vacate select easements within Karston Cove 4th Addition.
BACKGROUND: In 2004, the City of Albertville approved Karston Cove CUP/PUD and plat
that included 14 townhome lots north of 64th Street and 29 lots south of 64th Street. This
development was covered within the Karston Cove final plat and a planned unit development
agreement that outlined development requirements for this townhome subdivision. The 14
townhomes north of 64th Street have been developed and sold to individual homeowners. The 29
lots south of 64th Street, while final platted, remain undeveloped.
In 2009, the City and developer amended the development agreement giving the developer until
October 31, 2010 to complete all public improvements and all private on-site improvements to
develop the property. The developer went bankrupt in 2010 and never installed the required
improvements. The City drew on the developer’s letter of credit and is holding the money for
the improvements. In 2011 Centra Homes purchased the 29 undeveloped lots and the rights to
the letter of credit money from the bankrupt developer.
According to the City Attorney, the City has six years from the October 31, 2016 date to bring
suit against the developer’s successor (Centra Homes) to have the improvements for the final
plat installed (see Exhibit B). The current deadline is October 31, 2016.
The developer is not interested in building attached townhomes on the site. They have stated
that this housing type has become less popular within the current housing market. They also cite
that the 2003 models that were approved would not sell favorably in today’s market.
As a means of addressing the issue of the expiring development agreement and the development
objectives of Centra Homes, they have filed application with the City to amend the Karston Cove
PUD agreement and they request approval of the Karston Cove 4th Addition. The 4th Addition
plat would vacate all the townhome lots in Block 2 of Karston Cove 3rd Addition and replat this
into an outlot. By City ordinance, no building permit shall be issued for an outlot. Any future
development will require this outlot to be subdivided into lots and blocks before building permits
could be issued. Any future subdivision will require City Planning Commission review and
Council approval.
The application was taken to the Planning Commission on September 13, 2016 for public
hearing. At this meeting, the project was presented and the Planning Commission took
Agenda Page 17
Mayor and Council Request for Action – October 3, 2016
Karston Cove Preliminary Plat and Final Plat Page 2 of 4
M:\Public Data\City Council\Council Packet Information\2016\100316\Karston Cove Pre and Final Plat RCA - MC & AN REVISED.docx
Meeting Date: October 3, 2016
testimony from the current president of the existing Karston Cove HOA. He expressed concern
over the viability of their HOA without the 29 townhomes that were to be developed south of
64th Street. After review of the staff report and public testimony, the Planning Commission
continued the public hearing to October, requesting the applicant provide a concept plan for how
this property may be developed in the future.
City staff indicated that continuing the public hearing may be acceptable provided the contract
deadline allows the City adequate time to act. If not, we would continue the public hearing at the
October 3, 2016 City Council meeting and request Council action without a Planning
Commission recommendation on this application.
The City Attorney, upon review of the contract deadline, has requested that the Council act on
this item on October 3, 2016 to be sure that subsequent action will be finalized by October 31,
2016.
KEY ISSUES:
• Per the City Attorney’s comments, the City of Albertville has until October 31, 2016 to
take action on the expiring development agreement.
• The current Karston Cove HOA consists of just the 14 townhome lots north of 64th
Street. At this small size, they are concerned over the financial viability of their HOA in
the future. They are depending on future development of the property south of 64th
Street to add to their membership and to contribute to their HOA financially.
• While the City can require installation of the infrastructure (sewer, water and private
drives) to support the 29 townhome lots, the City does not have the ability to force the
developer to build the 29 townhomes.
• If the development agreement extends beyond the statute of limitations (October 31,
2016), the City will have 29 platted lots without a development contract and required
infrastructure improvements. The 4th Addition plat will vacate the townhome lots and
will create an outlot that may be replatted in the future.
• The applicant has no immediate plans for developing the site. Keeping the recorded
Karston Cove 3rd plat will not ensure that the site will be developed consistent with past
approvals and will not expedite the timing of the site’s development.
• The Karston Cove 3rd Addition townhome plat is dependent on a private street serving
the individual townhome lots. The current security is to insure the installation of the
public and private improvements. City staff does not recommend having the City install
private utility and streets as the market may dictate that this property develop in a
different manner, in which case most of the infrastructure that would be installed for the
29 units would be wasted and would likely have to be reinstalled to support a different
lot configuration in the future.
• The subject site remains zoned R-5, Medium Density Residential. Future development
of the site must be consistent with this zoning or the developer will need to pursue a
zoning change through the City.
• The applicant is requesting a vacation of easements on Karston Cove 3rd Addition. If
this new plat is approved, City staff is supportive of a partial easement vacation,
retaining easements originally established in Karston Cove 1st Addition over wetlands,
ponds, and drainageways.
Agenda Page 18
Mayor and Council Request for Action – October 3, 2016
Karston Cove Preliminary Plat and Final Plat Page 3 of 4
M:\Public Data\City Council\Council Packet Information\2016\100316\Karston Cove Pre and Final Plat RCA - MC & AN REVISED.docx
Meeting Date: October 3, 2016
• If Karston Cove 4th Addition is approved, an outlot will replace all the townhome lots
and the common lot. As an outlot, no building permits will be issued for this lot until it
is resubdivided into a lot and block description. All future development will be subject
to public hearing and full review by the Planning Commission and City Council.
• With the approval of the 4th Addition, the developer and City will be required to amend
the Karston Cove CUP/PUD with a new development contract to be recorded against the
property with the final plat. Staff is recommending that if the plat is approved, it is with
the condition that the City retains the option to require future development of the outlot
south of 64th Street to join the Karston Cove HOA north of the site. This agreement
restriction will be recorded with the property and run with the land.
• As presented by the Karston Cove HOA president, there have been past concerns with
the maintenance and condition of the site. An October 11, 2011 Bolton and Menk letter
suggested “minimally a berm should be created, sidewalk, and a row of trees should be
planted to hide the field.”
• If the Council requires some of the improvements to be installed (e.g. sidewalk), then the
City will return all of the letter of credit money the City is holding except an amount
sufficient to ensure the construction of such improvements. The new developer’s
agreement will reflect the new amount of money being held by the City.
In staff review today, we are not recommending adding fill to the site or site grading to create a
berm. This may change the site drainage patterns.
Installation of the sidewalk is a Council decision. City Staff is recommending installation of the
sidewalk by June 3, 2017. The developer is proposing to leave the sidewalk unfinished until
future development. The sidewalk will impact site access and will likely be damaged by
construction traffic when the property is finally developed.
Staff is recommending, as part of the PUD agreement, terms of site maintenance and penalties
that will be assessed to the property if the City needs to mow or clean up the property.
POLICY/PRACTICES CONSIDERATIONS: This plat was created in 2004 and no
development has occurred in Block 2 of Karston Cove 3rd Addition in the last 12 years. The
property owner does not believe that the 2004 housing type will work and has no interest in
developing attached townhomes. No immediate development plans exist for the site. The City
Council has been requested to act on this issue without recommendation by the Planning
Commission due to development agreement deadlines at the end of October 2016.
FINANCIAL CONSIDERATIONS:
• The City will be returning the financial security to Centra Homes except an amount
necessary to ensure any improvements that the Council requires be installed as part of
the plat approval of Karston Cove 4th Addition.
• The elimination of the townhome lots will not relieve the current financial situation of
the existing Karston Cove HOA, but will essentially retain the status quo indefinitely.
• The 4th Addition plat and PUD amendment attempts to provide protections for these
financial considerations.
Agenda Page 19
Mayor and Council Request for Action – October 3, 2016
Karston Cove Preliminary Plat and Final Plat Page 4 of 4
M:\Public Data\City Council\Council Packet Information\2016\100316\Karston Cove Pre and Final Plat RCA - MC & AN REVISED.docx
Meeting Date: October 3, 2016
LEGAL CONSIDERATIONS: Please see Exhibit B.
Department/Responsible Person: Planning, Alan Brixius
Submitted Through: City Administration/PWD, Adam Nafstad
Attachments:
Exhibit A: Resolution No. 2016-027
Exhibit B: City Attorney Comments
Exhibit C: Karston Cove HOA Comments
Exhibit D: NAC Planning Report dated September 8, 2016
Exhibit E: Planning Commission Minutes of September 13, 2016
Exhibit F: HOA Letter to City Council
Agenda Page 20
Page 1 EXHIBIT A
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2016-027
RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT FOR
KARSTON COVE 4TH ADDITION, AMENDMENTS TO THE KARSTON COVE
CUP/PUD DEVELOPMENT AGREEMENT, AND THE VACATION OF SELECT
EASEMENTS WITHIN KARSTON COVE 4TH ADDITION
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Centra North LLC has submitted application for an amended CUP/PUD, a
preliminary plat, final plat, and vacation of easements with a subdivision entitled Karston Cove
4th Addition and the proposed plat vacates 29 townhome lots and one common lot in Block 2
Karston Cove 3rd Addition; and
WHEREAS, City staff has reviewed the submitted applications and submission documents
and has prepared a planning report dated September 8, 2016; and
WHEREAS, the Planning Commission held a public hearing on September 13, 2016 to
consider the application, the planning report, and take public testimony; and
WHEREAS, upon conducting the public hearing, the Planning Commission requested
additional information and continued the public hearing, pending the City Attorney’s opinion
that the continuance would not be an issue for the development agreement deadline; and
WHEREAS, the City Attorney has issued a September 15, 2016 opinion requesting the City
Council act on the application on October 3, 2016 to allow time for subsequent legal actions; and
WHEREAS, the City Council met on October 3, 2016 to consider the application and held a
public hearing to consider the vacation of select easements in conjunction with the Karston Cove
4th Addition; and
WHEREAS, upon review of the application information, the request for Council action, the
September 8, 2016 planning report, and public testimony, the City Council moves to approve the
development application and vacate select easements associated with Karston Cove 4th Addition.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota
hereby approves the amendment to the CUP/PUD allowing the vacation of 29 townhome lots and
one common lot, the Karston Cove 4th Addition preliminary plat, the Karston Cove 4th Addition
final plat, and vacation of select easements associated with Karston Cove 4th Addition subject to
the following conditions being met:
Agenda Page 21
City of Albertville
Resolution No. 2016-027
Meeting of October 3, 2016
Page 2
1. The City retains the option to require the future development on Outlot A Karston Cove
4th Addition to join with the existing Karston Cove HOA on the north side of 64th Street
through a revised PUD development agreement to be recorded against the property with
the final plat. The obligation of the Outlot A property to join the existing Karston Cove
HOA shall be conditioned on the declarations of the current HOA being amended to
allow the Outlot A property to join the HOA prior to the replatting of Outlot A into
numbered lots and blocks.
2. The City finds that the drainage and utility easements dedicated on the Karston Cove 3rd
Addition plat (but excluding those easements dedicated on the first plat of Karston Cove)
are no longer needed for public purposes and that it is in the interest of the public to
vacate said drainage and utility easements.
3. The City vacates the drainage and utility easements shown on the Karston Cove 3rd
Addition plat, provided the 4th Addition final plat is revised to preserve as drainage and
utility easements all drainage and utility easements originally dedicated on the first plat
of Karston Cove Said easements shall be subject to the review and approval of the City
Engineer prior to recording the final plat. The vacation of said easements shall be
effective upon the recording of the Karston Cove 4th Addition plat.
4. The City approves the preliminary and final plat of Karston Cove 4th Addition, subject to
the conditions set forth in the City Planner’s report dated September 8, 2016, including
execution of a development agreement as set forth below.
5. The Developer shall be required to install _______________ by June 30, 2017 as a
condition of final plat approval.
6. The applicant enters into a development agreement with the City that includes the
aforementioned conditions of approval, addresses the issues identified in the RCA for this
matter, and meets the approval of the City Attorney. The development agreement shallbe
recorded against the property with the final plat.
7. Upon execution of the development agreement and recording of the plat, the City shall
release the monies it holds in escrow from the proceeds of the letter of credit for Karston
Cove 3rd Addition, except for an amount sufficient to cover 125% of the cost of the
installation of _____________ and the anticipated expenses of the City Attorney, Planner
and Engineer related to Karston Cove 3rd Addition and Karston Cove 4th Addition. The
City Engineer shall determine the amount of escrow to be held for the installation of
_____________ and the City Finance Director shall determine the remaining amount of
escrow to be held to cover anticipated City expenses.
Agenda Page 22
City of Albertville
Resolution No. 2016-027
Meeting of October 3, 2016
Page 3
Adopted by the City Council of the City of Albertville this 3rd day of October, 2016.
Jillian Hendrickson, Mayor
ATTEST:
Kimberly A. Olson, City Clerk
Agenda Page 23
EXHIBIT B
From: Mike Couri [mailto:mike@couriruppe.com]
Sent: Thursday, September 15, 2016 9:55 PM
To: Alan Brixius
Cc: Adam Nafstad; Kim Olson
Subject: Karston Cove Fourth Addition
Al,
As we discussed today, I am requesting that the Karston Cove Fourth Addition plat be brought before the City
Council for a vote at its October 3rd meeting due to the time constraints the City is under given the statute of
limitations on this issue. The City and the Developer amended the Karston Cove 3rd Addition developer’s
agreement in 2009, giving the Developer until October 31, 2010 to install the public improvements and the
necessary on- and off- site improvements. The Developer went bankrupt in 2010 and never installed the
improvements. In the meantime, the City drew on the Developer’s letter of credit and is holding the money
to use to install the improvements.
However, under Minnesota law, we have six years from the date a cause of action (the right to sue someone)
arises under a contract to bring that suit in court. The City’s cause of action against the Developer for its
failure to install the improvements by October 31, 2010 arose on October 31, 2010. We have until October
31, 2016 to prepare and serve the Developer with a law suit or we lose the right to force the Developer to
install the necessary improvements. If we lose that right, the Third Addition plat will still remain in place but
will not have the improvements installed that are necessary to support the plat.
I am asking that the City Council vote on the plat approval and amendment to the Developer’s Agreement on
October 3rd because delaying this to October 17th will likely be too close to October 31st for our office to be
assured that we could get the lawsuit filed by October 31st if necessary. My concern is that if the Council
were to approve the plat on October 17th, we would still need to get an amendment to the Developer’s
Agreement fully executed prior to October 31st. If the Developer did not like the terms of approval
(assuming the Council approved the plat) and delayed signing the Developer’s Agreement amendment for
even a little while, we could find ourselves with too little time to draft the complaint and properly serve the
Developer. Moving the Council vote on this issue up to October 3rd will give us plenty of time to prepare and
serve a lawsuit if the Developer is uncooperative in executing the necessary amendment.
I realize that moving this up to October 3rd will preempt the Planning Commission’s action on this issue, but
given the failed attempt at taking care of this issue with the same Developer in 2011, I believe action on the
October 3rd date is necessary.
I have checked the subdivision statue (Minn. Stat. 462.358) and it does not contain a 60-day waiting period
after referral to the Planning Commission before the City Council decides whether to approve the plat. That
provision only applies to zoning ordinance amendments. Unless there is some provision in the City’s
subdivision ordinance which requires a Planning Commission recommendation or the passage of a certain
amount of time after referral to the Planning Commission before the Council acts on the plat, the Council is
free to take this issue up at its October 3rd meeting.
I would suggest that we bring this to the City Council for simultaneous preliminary and final plat approval, as
well as approval of the Developer’s Agreement as we will need approval of all three of these at the October
3rd meeting in order to ensure that the Developer’s Agreement can be amended before the October 31
statute of limitations runs.
Agenda Page 24
EXHIBIT B
Please feel free to contact me with any questions you may have. Thank you.
Michael C. Couri
Couri & Ruppe, P.L.L.P.
705 Central Avenue East
P.O. Box 369
St. Michael, MN 55376
763-497-1930
Agenda Page 25
EXHIBIT C
From: Jeff Hampton [mailto:jhampton@citrelay.com]
Sent: Monday, September 26, 2016 11:16 AM
To: Alan Brixius; 'Randy Christensen'; t.dwinnell@aol.com; 'Jeff Hampton'
Subject: FW: Karston Cove
Hi Al,
Per our discussions at the Sept. 13th meeting regarding Karston Cove, you had stated we should be at
the October 3 meeting.
Can you please give me an outline related to Karston Cove at this meeting and what we should bring
with us?
What they will be discussing on the topic, etc, will they also be voting?
Based on discussions that we had at the Sept. 13th meeting, we would like to propose the following at
the meeting. Should this be in advance, or at the meeting?
Based on our understanding that the City of Albertville would like to amend the current plat to return
money held for the original development plan, Karston Cove is requesting the following terms be met to
move forward with the vacating the current plat.
1. The City of Albertville provides written documentation signed by Centra Homes that they
understand that the City could require any new planned development to be part of our
association. This should be filed in the case that Centra Homes sells the property in the future
so any new buyer is aware of this requirement. Note as discussed in the Planning Commission
Meeting dated Sept. 13, we believe it was understood by a majority of the planning commission
that our small 14 unit development is underfunded and has higher association fees because of
our small size. Any development across the street would possibly end up with the same
problem, especially since Centra has already stated that there is simply no longer a demand for
that style of townhome and the quantity of homes built will be less than 29, which will also put
them in a smaller group with potential issues in the future based on economies of scale. We
understand that we will struggle to get by until the new development is included into our
association, as we have for the past 10 several years.
2. The City of Albertville includes in their notes when vacating the plat that any future
development that is built without inclusion into the current 14 unit association will have to build
their own retention/water outlet ponds if not included in the current 14 unit association.
3. RE: Bolton and Menk, Inc. Consulting Engineers and Surveyors recommendation letter to
Michael Couri, City Attorney dated October 11, 2011: RE: Point 3. “The unimproved property
should not be left as an eyesore to the community. Minimally a berm should be created,
sidewalk, and/or a row of trees should be planted to hide the field.” This letter was from
2011. Here we are 5 years later, with the same view, even after the recommendation was made
to the city. Karston Cove agrees that roads should not be put in. However, along 64th St, we
would like the following done prior to returning any monies to Centra Homes: A berm, a
sidewalk along the street, some trees, and some street lighting. While it is true that some of
this may be torn up in the future when development occurs, it has been stated by Centra Homes
that now is not the time. Centra Homes stated that the economy in Albertville simply does not
Agenda Page 26
EXHIBIT C
warrant any construction at this time, so it could be another 10 years before anything is
built. Also per the Sept. 13, 2016 Planning Meeting, Centra Homes has zero plans for this piece
of property at this time except to get the plat vacated and their money returned. While my
understanding is there are new developments going up in Maple Grove, Rogers, Otsego, St.
Michael, and Elk River, per Centra Homes the economy in Albertville cannot support a new
development per the current plat at this time.
We believe the requests above are reasonable requests by both the City and Karston Cove Townhome
association.
Also I would like to include a copy of the letter I read at the planning commission.
Please let me know your thoughts, and if you could clarify how this meeting on Monday will be
organized, it would be appreciated!
Thanks in advance! Let me know what I need to provide to you, etc.
Best Regards,
Jeff Hampton
CIT Relay and Switch
14680 James Road
Rogers, MN 55374
763-535-2339
Agenda Page 27
NORTHWEST ASSOCIATED CONSULTANTS, INC.
__________________________________________________________________
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
4
PLANNING REPORT
TO: Adam Nafstad
FROM: Alan Brixius / Ryan Grittman
DATE: September 8, 2016
RE: Albertville - Karston Cove 4th Addition Preliminary Plat, and Final Plat
FILE NO: 163.06 – 16.06
BACKGROUND
Centra North LLC has submitted an application for an amended CUP/ PUD, a preliminary
plat, and final plat for property located along the south side of 64th Street NE in the City of
Albertville. The proposed plat includes the removal of 29 townhome lots from the Karston
Cove 3rd Addition and re-platting the site into one outlot.
The site is zoned R-5, Medium Density Multi Family. The site is currently vacant parcels.
The site is adjacent to R-5 zoning to the north, east, and west with a park (Winter Park) to
the south.
The current site is platted as Karston Cove 3rd Addition, under a CUP/PUD approved in
2004. The plat included 14 lots to the north of 64th Street NE, and 29 lots to the south of
64th Street NE. The 14 lots on the north side have housing units on them and have been
developed and sold to individual homeowners. The remaining lots on the south side of 64th
Street NE were never built on, but have remained as part of the final plat.
The original developer let this property go back to the bank when the housing recession hit
in 2008. Centra North LLC has since purchased the property.
Since the original 3rd Addition plat, townhomes have become less popular compared to
other housing options in the current market. This final plat is controlled by a standing
development agreement and a security. The applicants’ intent is to vacate the current plat,
obtain their longstanding security, and eventually developing this area with a product that is
more desirable within the residential market.
EXHIBIT DAgenda Page 28
5
Attached for reference:
Exhibit A: Site Location
Exhibit B: Karston Cove 3rd Addition Plat
Exhibit C: Karston Cove 4th Addition Plat
Exhibit D: Karston Cove Easement Vacation
ISSUES ANALYSIS
Zoning. The subject site is zoned R-5, Medium Density Multi Family. The applicants are
proposing to re-plat the unbuilt parcels into one outlot. The applicants are not proposing any
changes to the zoning map as part of the current request.
Lot Area, Width, and Depth. The subject site is approximately 3.9 acres in area and
contains 29 townhome lots. The 4th Addition will vacate the existing townhomes and create
a single 3.9 acre outlot. Under City Code, no building permits may be issued to an outlot.
This site will need to be subdivided in the future to allow any future development.
Easements and Utility Connections. With the original platting of Karston Cove 3rd
Addition, drainage and utility easements have been placed over all the land located outside
the individual unit lots. Exhibit D illustrates these easements. No sanitary sewer or water
has been extended into this parcel. However, there are existing wetlands and drainage
areas that were placed into easements with the original Karston Cove 1st Addition plat.
These original 1st Addition easements protect wetlands and drainage ways that impact the
surrounding neighborhoods and must be retained. In review, staff is willing to vacate the 3rd
Addition easements over Lot 30, Block 2, but will require the 1st Addition easements to
remain in place. The applicants will need to re-dedicate the original 1st Addition easements
on the 4th Addition final plat.
Curb Cut Access. The applicants are proposing to leave the existing curb cuts in place.
Staff supports the curb cuts remaining in place to assist with maintenance of the wetland
areas and mowing of the remaining “dry land” areas.
Sidewalk. The original plat included a sidewalk along the south side of 64th Street NE. The
sidewalk is not completed across the subject site. The City Engineer and the developer are
proposing to leave the sidewalk unfinished until the area is re-platted for a new
development. The City Engineer has noted that completion of the sidewalk would include
completion of the curb cut accesses. In the future, a developer may wish to change these
curb cut locations as they see fit. Future construction of the site will likely damage any
sidewalk constructed at this time.
Neighborhood Association. With the elimination of 29 lots, the neighborhood association
will be significantly reduced in terms of the number of units. It should be noted that the
covenants for the Karston Cove 3rd Addition allow the developer to add additional property
to the association with an expiration date of November 2013. After which, the neighborhood
Agenda Page 29
6
association shall vote on whether or not to allow additional land to be added to the
association.
Staff recognizes that growing the neighborhood association will make it stronger and more
financially stable. This subdivision was approved as a conditional use permit / planned unit
development to allow the townhome development. In changing the plat, the City and
applicants must amend the approved PUD. As a condition of amending the PUD, staff
recommends that the City retain the option to require the developer to have the future
development on the south side of 64th Street NE join the existing neighborhood association
on the north side, if practical.
RECOMMENDATION
Based on our review of the plans submitted by Centra North LLC dated August 15, 2016, we
recommend approval of amending the CUP/PUD, the preliminary plat, and final plat with a
revised development agreement with the following conditions:
1. The City retains the option to require the future development on the outlot on the
south side of 64th Street NE to join with the existing neighborhood association on the
north side through a revised PUD development agreement.
2. The City vacates the easements over Karston Cove 3rd Addition provided the 4th
Addition final plat is revised to dedicate the original 1st Addition easements over the
wetlands, ponds, and drainage ways. Said easements shall be subject to the review
and approval of the City Engineer prior to recording the final plat.
3. The applicants enter into a development contract with the City that includes the
aforementioned conditions of approval.
cc. Kim Olson
Maeghan Becker
Paul Heins
Mike Couri
Centra North LLC (via email)
Agenda Page 30
Site Location
Exhibit A
City of Albertville
7Agenda Page 31
Exhibit B8Agenda Page 32
Exhibit C9Agenda Page 33
Exhibit C10Agenda Page 34
11Agenda Page 35
Page 1
Exhibit E
ALBERTVILLE PLANNING COMMISSION
THURSDAY, SEPTEMBER 13, 2016
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER – ROLL CALL – ADOPT AGENDA
Chair Klecker called the meeting to order at 7:00 p.m.
Becker conducted roll call.
Present: Chair Klecker and Commissioners Dominick, Barthel, Brempell, Wegner and Council
Liaison Hudson.
Absent: Commissioners Edgren.
Others Present: City Planner Alan Brixius, and Building Permit Technician Maeghan Becker,
David Pattberg with Centra Homes, Jeff Hampton, Tom Dwinnell, and Kathleen Strehlow.
Motioned by Barthel, seconded by Brempell, to approve the agenda as presented. Ayes:
Klecker, Dominick, Barthel, Brempell, Wegner, and Hudson. Nays: None. Absent: Edgren.
MOTION DECLARED CARRIED.
2. MINUTES
Motioned by Brempell, seconded by Klecker, to approve the August 11, 2016 Planning
Commission meeting minutes. Ayes: Klecker, Dominick, Barthel, Brempell, Wegner, and
Hudson. Nays: None. Absent: Edgren. MOTION DECLARED CARRIED.
3. PUBLIC HEARINGS:
A. Public Hearing to Consider a Request by Centra Homes LLC to amend
Karston Cove CUP/PUD, and Consider Preliminary Plat, and Final Plat
entitled Karston Cove 4th Addition
Brixius presented to the commissioners that Centra North LLC (the parent company of Centra
Homes) has submitted an application for an amended CUP/PUD, a preliminary plat, and final
plat for property located along the south side of 64th Street NE. The proposed plat includes the
removal of 29 townhome lots from the Karston Cove 3rd Addition and re-platting the site into
one outlot.
Agenda Page 36
Planning Commission Meeting Minutes Page 2
Regular Meeting of September 13, 2016 Exhibit E
This Plat was originally approved in 2004, with a CUP/PUD and included the 14 lots to the
North. The site is zoned R-5, Medium Density Multi Family, and allows townhomes of this
nature. When the recession hit in 2008, the property went back to the bank and has been
purchased by Centra Homes LLC. They are not inclined to build the attached townhomes that
were approved with the original approval. They are asking for a return on their security on the
property, which is due this November, 2016. The applicants’ intent is to vacate the current plat,
obtain their security, and eventually develop this area with a more desirable product within the
residential market.
With the proposed 4th Addition, the 14 lots to the north would be re-platted as an outlot. If it goes
to an outlot, it is treated as vacant land, and per code, we will not issue a building permit to an
outlot. Any future development will have to come through the subdivision process to create lots
for a building permit.
Brixius brought up the issue of the size of the association once the original developer left the
scene. If we approve this outlot, there will need to be a new development contract recorded with
the property, and we want to leave the option for the City to require any future development on
Outlot A to be members of this association. This would help with association costs being spread
over more property owners.
Other key issues are drainage and utility easements, curb cut access and sidewalk. The applicants
are not proposing any changes to the zoning map as part of the current request.
Albertville is recommending approval with the following conditions:
1. The city retains the option to require the future development on the outlot on the south
side of 64th Street NE to join with the existing neighborhood association on the north side
through a revised PUD development agreement.
2. The City vacates the easements over Karston Cove 3rd Addition provided the 4th Addition
final plat is revised to dedicate the original 1st Addition easements over the wetlands,
ponds, and drainage ways. Said easements shall be subject to the review and approval of
the City Engineer prior to recording the final plat.
3. The applicants enter into a development contract with the city that includes the
aforementioned conditions of approval.
Hudson asked for the rational on why we want the future development to join the existing
homeowners association, what is the Cities interest in having the development join the
association. Brixius explained that if the associations are good and healthy (financially stable),
than they do not come and ask the City for expenses that they cannot afford.
Dominick expressed concerns about new residents coming into the association. He mentioned
that the old part of the association is going on 7 years of wear and tear and most of the money
from the new homeowners is being spent on the upkeep of older parts of the association. Brixius
explained that since there has been a decline in attached townhomes, there may be a different
product that goes into this development, but by taking it to an outlot gives this a blank slate and
leaves options open.
Agenda Page 37
Planning Commission Meeting Minutes Page 3
Regular Meeting of September 13, 2016 Exhibit E
Motioned by Barthel, seconded by Dominick, to open the Public Hearing. Ayes: Klecker,
Dominick, Barthel, Brempell, Wegner, and Hudson. Nays: None. Absent: Edgren. MOTION
DECLARED CARRIED.
Jeff Hampton presented major concerns about this addition being approved. They are struggling
with having only 14 units currently in their association. With the association being minimal, the
association fees per unit are higher which the members have a hard time affording. Originally,
the development was supposed to have 43 units, and they only have 14 units. They are having a
very difficult time staffing the association. There are also issues that may arise with the
ponds/wetlands that are on the north and west of the current development. The association is
responsible for maintaining this area. After research conducted by the association, the general
maintenance of these ponds can become quite expensive. The association is concerned that if the
plat is vacated, and a new development were to go up and not be included in their association but
drain into their retention ponds, the costs would become unbearable. The association believes
that vacating the plat would not be in the best interest of the association or the City due to future
risks of only having 14 units in the development and operating costs than need to be higher with
so few units. If the plat is to be vacated, the association would like the improvements listed in the
PUD to be done now rather than later. They would also like that any new approved development
plan that is not to be included in the association would require the builder construct a new
retention pond area for their run off somewhere on their building site.
Barthel and Brixius commented that they believe it is possible for the association to combine
with another association to help financially and with the issues of people being on the board.
Brixius expressed that there is a deadline on the development contract that we need to make a
decision on with the escrow.
Hudson wanted the homeowners association to clarify where they stand on the application being
presented. They informed that they oppose, unless there is a way to tie the two developments
together into being one association. Hudson asked what would be ideal for the association.
Jeffrey responded that they would like to see what plans Centra Homes has for the area.
Dominick is wondering the worth of the townhomes, the taxes and the HOA monthly fee. Jeffrey
responded with $170K, taxes are between $1500-$1600, and the HOA fee is $209 currently and
going to raise it to $225 per month just for regular maintenance and upkeep during the seasons.
Dominick asked if there was anything submitted by Centra Homes to date and Brixius explained
that there were none.
David Pattberg with Centra Homes presented his view points. He gave a small history of the lot
on what had happened with the developer that went bankrupt. Centra Homes has owned the land
since 2011. Dominick asked David with Centra Homes if there has been any plans yet to build or
what they plan on doing with this property. David responded that the original building plans are
not going to work anymore due to attached townhomes becoming less popular. He believes that
the market here is not quite ready and strong enough for something that is more creative than
single family. That is why they do not have plans to date with anything. They are still waiting for
Agenda Page 38
Planning Commission Meeting Minutes Page 4
Regular Meeting of September 13, 2016 Exhibit E
the market to return, and that is when they will begin to submit plans. They want to vacate what
is here to buy some more time.
Motioned by Barthel, seconded by Dominick, to close the Public Hearing. Ayes: Klecker,
Dominick, Barthel, Brempell, Wegner, and Hudson. Nays: None. Absent: Edgren. MOTION
DECLARED CARRIED.
Dominick believes that we should leave this as is for now and wait for Centra Homes to come
back with a plan and to show us what they are planning.
Barthel motioned to approve staff recommendation, no second.
To continue this requesting an additional concept plan for how this might develop as part of
the final plat.
Motioned by Dominick, seconded by Wegner, to continue the item until an additional concept
is submitted rom the developer. Ayes: Klecker, Dominick, Brempell, Wegner and Hudson.
Nays: Barthel. Absent: Edgren. MOTION DECLARED CARRIED.
4. OTHER BUSINESS
A. None.
5. ADJOURNMENT
Motioned by Dominick, seconded by Barthel, to adjourn the meeting at 8:07p.m. Ayes:
Klecker, Dominick, Brempell, Wegner, and Hudson. Nays: None. Absent: Edgren. MOTION
DECLARED CARRIED.
Respectfully submitted,
___________________________________
Maeghan M. Becker, Building Permit Technician
Agenda Page 39
Exhibit F
September 13, 2016
Subject: Karston Cove
______________________________________________________________________
Dear Albertville City Council and Planning Commission,
Thank you for meeting with us in the past regarding the future plans for the site across
the street and the future of our development.
The City Council approved this as a PUD project to include a 43-unit Association. As
you know we have only 14 completed units of the 43 units platted in our PUD. With only
14 units, we are concerned about the development across the street which is scheduled
to have an additional 29 units as part of our Association. We are hoping that ultimately
the units across the street can join into our Association as currently platted to create
buying leverage on all of our expenses which will help to keep our Association in good
condition.
Our preference at Karston Cove Townhomes of Albertville Association would be to hold
the buyer of the land across the street responsible to keep the original plan to ultimately
build on the property and add the 29 units into our Association. We know that prior to
purchasing this property the new owner was aware of the PUD approved by the City.
We hope you understand that the approved PUD with a larger Association is the best
option for our Association, community, and the City of Albertville.
We believe that vacating the plat would not be in our best interest or the city due to the
future risks of only having 14 units in our development as overall operating costs tend to
be higher with so few units. In the recent past there were 3 units (21%) not paying
dues. A larger Association we would be able to absorb some fluctuation in units not
paying. The fixed costs like insurance, lawn/snow, and reserves increases our risk like
in years past where the 14 units could not afford these expenses due to multiple units
not paying dues. This created an increase to the dues so we could plan for this in the
future in an attempt to avoid special assessments. This made our dues one of the
highest in the area.
To complicate things further, to the North and West of our current 14 unit development,
there are retention ponds/wetland areas which we are responsible to maintain. Per
publications on the State of MN website, general maintenance of these ponds can be
quite expensive when needed. The planned additional 29 units will help with future
costs to maintain these areas. What we do not want is to have the plat vacated, and a
new development go up not included in our association, and this new development will
drain into our retention ponds, with the maintenance cost passed onto our small 14 unit
association. These costs we simply will not be able to absorb.
While we do understand that vacating the plat may be needed to go forward, we would
like the city to do what it can to retain all possible opportunities to keep the original City
Agenda Page 40
Exhibit F
approved plan of the PUD as one larger Association. If vacated without a new plan, we
believe this will just cause more headache for Karston Cove, the Community, and the
City. However, if the plat is vacated we would like the improvements listed in the PUD to
be done now rather than later. The improvement including the sidewalk and lighting are
a must in our opinion, this will make it safer as those in the community make their way
to the City Park near the Association and can be done with the letter of credit held by
the City. Also if the plat is vacated we would hope that any new approved development
plan that is not to be included in our association would require that the builder construct
a new retention pond area for their run off somewhere on their building site.
We would appreciate the opportunity to look at any other ideas that the City might have
to help us keep and maintain a successful community in Albertville.
Best Regards,
Jeff Hampton
Karston Cove President
Agenda Page 41
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2016\100316\2016-09-29 Bandit Chipper.docx
Meeting Date: October 3, 2016
September 29, 2016
SUBJECT: PUBLIC WORKS - PURCHASE OF A USED UTILITY CHIPPER
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve purchasing a used 2013 Bandit M-200 Utility Chipper in the amount of
$20,000 from Tri-State Bobcat.
BACKGROUND: The City currently does not own a wood chipper, but rents or borrows from
other cities. The proposed chipper is a used 2013 model with 350 hours, but in very condition
and still has two years of warranty remaining.
KEY ISSUES:
• As our neighborhoods mature, each year we spend more and more time pruning our park
and boulevard trees.
• The chipper would be used for our annual Christmas tree pick-up program.
• After a storm, it is difficult to find a chipper to rent or borrow.
• Owning a chipper would allow us more opportunity and flexibility to complete pruning
and chipping.
• The cost for a new chipper would be $30,000 rather than the $20,000 for the 2013 used
chipper.
FINANCIAL ISSUES: The chipper is not a planned 2016 purchase, but the City has sufficient
capital funds designated for equipment replacement.
Responsible Person/Title: Tim Guimont/Public Works Supervisor
Submitted through: Adam Nafstad, City Administrator-PWD
On-File: Equipment Quote
Agenda Page 42
Page 1 of 2
Couri & Ruppe, P.L.L.P.
Memo
To: Adam Nafstad, City Administrator; Albertville City Council
From: Mike Couri
Date: September 28, 2016
Re: Attorney Report
Below is an update of the projects our office has been working on for the City.
• I-94 Ramp Easement. The State is asking the City to obtain I-94 ramp easement
from Albertville Marketplace using a revised legal description as the State wants
clearer language in the deed from the City to the State for the ramp easement. The
easement area remains unchanged—the State simply wants its specific language
used in the easement document. Adam is trying to reach the owner to get the new
deed signed.
• Charter Cable. Charter Cable has replied to our request regarding the free cable
service it is to provide to the City. Their contention is that the City is only entitled
under Federal law to collect a maximum of 5% in franchise fees, which we are
already collecting. Charter believes that provision of free cable service to
municipal buildings over and above that 5% is prohibited under Federal law. I
will check the law on this and see if Charter’s interpretation is correct.
• Prairie Run. Fieldstone has closed on all 10 of the lots on the private street (west
side) and has closed on six of the 15 lots that went tax forfeit. Home sales have
been very good for Fieldstone at this location this year.
Agenda Page 43
Page 2 of 2
• City Hall Cleaning Contract. I have been working with Adam on preparing a
new City Hall cleaning contract.
• Karston Cove III. This issue is on the City Council agenda for plat approval and
authorization to modify the developer’s agreement to reflect the replatting of the
property to an outlot. Assuming the Council approves the plat, I anticipate that we
will be able to modify the necessary paperwork before the October 31st deadline.
• Fire Department. We are reviewing revisions to the Fire Departments Standard
Operating Guidelines. Eric, Adam and I have met to discuss in more detail the
concepts identified in Springsted’s report regarding the joint fire department. As
these concepts are more fully developed, they will be brought to the Council for
review and discussion.
Agenda Page 44
City Administrator’s Update
September 29, 2016
GENERAL ADMINISTRATION
Fall Newsletter: The fall newsletter will be going out around the first half of October. Please
let us know if you would like to see anything specific included.
Joint Fire: The Fire Chief, City Attorney, and I have been discussing options for the shared
service agreement; however, we recently learned Otsego commissioned a station study. I don’t
have all the details, but it is believed it would be best to have that analysis in hand prior to
negotiating a JPA.
Facebook: Staff met with Samara to discuss the status of the City’s Facebook account, develop
promotion steps, and set goals. In the next several months, there will be new features added
to the page for residents to use (service requests, calendar, etc.), specified advertisement of
posts will occur, and more consistent posting will be done.
Karston Cove 4th: The Planning Commission has been notified that this will be an action item
on October 3.
Cell Phone Policy: We are working on a cell policy that would provide reimbursement to
employees that choose to use/provide their personal phone in lieu of using the phone issued by
the City.
2016 Elections: We have hired Erin Smeby for the Seasonal Election Assistant position and she
will be working with us until November 15, 2016.
ENGINEERING/PUBLIC WORKS
Ballfield Lighting: Fence and lighting install is scheduled for mid-October.
Main Avenue RR Crossing: I have been in contact with the Railroad, but still do not know when
they will replace the crossing. Assuming it is yet this year, it may be necessary to complete the
City’s portion of the project next spring. I am working with Omann’s to modify the contract, if
needed.
CenturyLink Fiber Projects: CenturyLink recently picked up three R/W permits to extend fiber
to several neighborhoods. Project information will be added to the website as it becomes
available.
2017 Street Improvements (preliminary): We are currently collecting survey and field
information for the proposed 2017 street project. Attached is a map of the current project
Agenda Page 45
City Administrator’s Update Page 2 of 2 September 29, 2016
scope. I hope to have an engineer’s estimate and draft project schedule to review at the next
meeting.
Drainage Projects: If weather permits, Public Works has several residential drain tile projects
they hope to complete yet this year.
CSAH 18 Striping: We are planning to have the new striping on 50th Street NE for Middle School
West completed over the MEA break (Oct. 19-21).
Attachments: Preliminary Map of 2017 Improvements
Agenda Page 46
Agenda Page 47