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2015-07-20 CC Agenda Packetibertvillc smdl Uvfng. Big Ufa. City of Albertville Council Agenda Monday, July 20, 2015 City Council Chambers 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a "Request to Speak Card". Presentations are limited to five (5) minutes. 1. Call to Order 2. Pledge of Allegiance — Roll Call 3. Recognitions — Presentations — Introductions 4. Public Forum — (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the July 6, 2015 regular City Council meeting minutes as presented (pgs 3-11) B. Authorize the Monday, July 20, 2015 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 12) C. Approve the Contract for Law Enforcement Services from the Wright County Sheriff's Office for 2016 and 2017 (pgs 13-17) D. 2nd Quarter Budget to Actual report (pgs 18-19) E. Accounts Receivable report (pgs 20-22) 7. Public Hearings — None 8. Department Business A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) B. Fire 1). Fire Department Update (pg 23 ) M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-07-20 CC Agenda.doc Meeting Date: July 20, 2015 Agenda Page I City of Albertville Council Agenda Monday, July 20, 2015 Page 2 of 2 C. Planning/Zoning 1). Finken Zoning Inquire (pgs 24-27) — Discussion 2). Food Trucks at Albertville Premium Outlet Mall (pgs 28-30) - Discussion D. Finance —None E. City Clerk —None F. Public Works/Engineering — None G. Building —None H. Legal —None L Administration 1). Tax Forfeit Properties (pgs 31-38) (Motion to Adopt Resolution No. 2015-029 Requesting The State of Minnesota to Deed Tax Forfeited Lands to the City of Albertville.) 2). City Administrator's Update (pgs 39-40) 9. Announcements and/or Upcoming Meetings July 27 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. August 3 City Council, 7:00 p.m. Budget Workshop, Immediately following regular meeting August 10 STMA Ice Arena Board, CANCELLED August 11 Planning Commission, 7:00 p.m. August 17 City Council, 7:00 p.m. Budget Workshop, Immediately following regular meeting August 24 Joint Powers Water Board, 6:30 p.m. JULY Su M Tu I W Th F Sa 1 H 2 Fr- 3 4 5 cc 6 7 8 9 10 11 12 Ice 13 Pc 14 15 16 17 18 19 cc 20 21 22 23 24 25 26 JP27PK 28 29 30 31 10. Adjournment AUGUST Su M Tu W Th F Sa 1 2 cc 3 4 5 6 7 8 9 Ice 10 Pc 11 12 13 14 15 16 cc 17 18 19 20 21 22 23 JP24 25 26 27 28 29 30 JM 31 M:APublic Data\City Council\Council Agendas\2015 Agendas\2015-07-20 CC Agenda.doc Meeting Date: July 20, 2015 Agenda Page 2 Nlbertville Smoii T... Wving. Big City Wft. ALBERTVILLE CITY COUNCIL Monday, July 6, 2015 DRAFT MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:06 p.m. 2. ROLL CALL 7:00 PM Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, and City Clerk Kimberly Olson Others Present: Heather Strart Bob & Jvamil Lezer Melissa Lezer Carla Dimitroff Adam & Olivia Thul Anne Bloomstrand Dana Berg Greg Vetsch Bret and Sarah Kaczor Michelle Pritchard Corey Hickmann Garrett Brunell Corey Ratzlow Tony Cole Tony Hoval Matt, Gao, and Morgan Fitch James Bhend Dawn Brommer Elizabeth Just Stacy Behrens Jason Richardson Kristin, Kelly, Cora, and Lyla Conrad Stephanie Sandbo 11953 47th Place NE, St. Michael 603 Buffalo Hills St, Buffalo 20112 Hillside Dr, Corcoran 10745 57th St NE, Albertville 7596 Landau Ave NE, Otsego 213 Terrace Rd NE, St. Michael 6995 LaSalle Cir. NE, Albertville St. Michael Otsego Rogers Hanover St. Michael Otsego Otsego St. Michael Albertville St. Michael 13947 55th Street NE, Albertville 4360 Harvest Ct, Monticello 1491 Jackson Ave NE, St. Michael 486 4th Street NE, St. Michael 27908 104th St NW, Zimmerman 4158 Janett Ave NE, St. Michael Page 1 Agenda Page 3 Scott Graham Sharon Nelson Jennifer Lheault Jamie Husom Katy and Adam Duerr Lawrence Didur Paige and JeremyMartin Jeff Hustad Tim Demery Bethany Howard Sheila Zachman Jon and Jana Erink Russ and Haley Rogers Ryan Ottrum Amanda Daniels/Drew McDaniel Cheri Curran Brianna Johnson Hope & Luke Homstad Justin Dahmen Jeremy Dominick Shelby Martinson Ben Hughes Levi Howse Derek and Danielle Eiblenberg Doulas Birk Jorge Figueroa Michael Potter Mary Kiffineyer ld� Jason and Jenny Beck Terry & Amanda C d Jack Shane Mary Phillips IN Samantha Grimsley Perry Helgesen Angela Scott Rachel and Andy Voge Amanda Richardson Duanne & Jan Capps Jillian Anderson Evelyn Conrad Jeremy Hager Nick & Kate Gilbertson Bryce & Karrie Johnson Kirscher Jared Grove 1271 Vernon St, Big Lake 2352 Eaken Ave NE, Buffalo 7534 Landau Ave NE, Otsego 10196 71 st Street NE, Otsego 6599 Mason Ave NE, Otsego 413 Rambling Creek Dr, St. Michael 5680 Iffert Ave, St. Michael 13684 481h St, St. Michael 34498 82nd St. NE, Albertville 11868 47th PL NE, St. Michael 5425 Lambert Ave NE, Albertville 0672 62nd St NE, Albertville 419 3rd St NE, St. Michael 4285 Kay Ave NE, St. 10625 481h St NE, A]A 851 Kayla Lane NER 5305 Kahler D NE, A 12220 591h CE. All NE, Albertville Albertville ve, 9104, Buffalo 501E to St 97, Minneapolis OPIWounty Dist. 4 Commissioner 16160 201" Ave, Big Lake 6733 E Oak Dr, Monticello 18689 Traverse Ln, Big Lake 4364 Harvest Ct, Monticello 4364 Harvest Ct, Monticello 111 Rambling Creek Dr, St. Michael 2214 Swallow Ln, Buffalo 107 Welter Cir, St. Michael 2733 Dakota Ave S, St. Louis Park 486 4th St NE, St. Michael 11631 55th St NE, Albertville 4014 Elder Ave NW, St. Michael 27908 104th St NW, Zimmerman 201 Birch Ave NW, St. Michael 14282 9 V' St NE, Otsego 12516 43rd St NE, St. Michael 10621 62nd St NE, Albertville 6572 Mason Ave NE, Otsego City Council Meeting Minutes Page 2 Regular Meeting of July 6, 2015 Agenda Page 4 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. Senator Mary Kiffineyer and Representative Eric Lucero Representative Lucero and Senator Kiffineyer reported on the inequity in education funding and the impacts it has on our area. Kiffineyer offered comparables to other school districts in the state and stated it is important they keep on this topic in the next legislative session. Lucero reported on the changes regarding the 2nd amendment. Senator Kiffineyer spoke about reform of the system regarding nursing homes and also spoke to finding a balance between environmental responsibility and reasonable means for farmers. She also spoke about affordable workforce housing. Lucero and Kiffineyer discussed the importance of Corridors of Commerce and Kiffineyer spoke to the importance of keeping the current language. Both Lucero and Kiffineyer were strongly opposed to passage of a gas tax. 4. PUBLIC FORUM — (time reserved 5 minutes) There was no one present to speak at the forum. 5. AMENDMENTS TO THE AGENDA There were no amendments to the agenda. , Motioned by Sorensen, seconded by Olson, td Hudson, Olson, Sorensen, and Vet ays: CARRIED. 6. CONSENT AGENDA %%Agenda as amended. Aye: Hendrickson, Absent: None. MOTIONDECLARED All items and e ConsenlVenN are considered to be routine by the City staff and will be enacted by one on. Ij vent an item is pulled, it will be discussed in the order it is listed on the Conse eollowing the approval of the remaining Consent items. These items will be approve parate motion. A. Approve the June 15, 2015 regular City Council meeting minutes as presented B. Authorize the Monday, July 6, 2015 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 closure of Main Avenue NE south of the railroad tracks to 581h Street NE and 58' Street NE to Lander Avenue NE on September 12, 2015 from 8:00 a.m. to 3:00 p.m. D. Approve the Church of St. Albert Lawful Gambling Exempt Permit Application for the annual Parish Festival that will be held on October 11, 2015 at the St. Albert Parish Center E. Approve a Wine License for El Bamba restaurant, 5986 Main Avenue NE contingent upon payment of the liquor license fee, proof of liquor liability insurance, and approval from the Building Official in regards to compliance with the fencing requirements outlined in Section 4-1-13 of the Albertville City Code City Council Meeting Minutes Page 3 Regular Meeting of July 6, 2015 Agenda Page 5 F. Approve the Wright County Law Enforcement Addendum increasing law enforcement coverage by an addition 4 hours per day for a total of 9,496 hours of coverage annually Motioned by Hendrickson, 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. Planning/Zoning 1). Westbridge Community Church Reconsideration of Rezoning Request Brixius reported that the City has received a request from West2hnsterteiger e Community Church to allow it to submit an application for rezoning of a portion of the Leuer- property upon which a rezoning request was previously denied on March 2, 2015. finder the City's Zoning Ordinance, once a rezoning request is denied, the Council cannot co r a similar rezoning request within one year of denial unless it finds either: 1) a significant chater circumst ces since the last rezoning consideration; or 2) the Council permits it by a four -fifths vo*. Westbrillge is requesting the City waive the waiting period for reconsideration. Brixius stated the site is currently zoned B- hborhood/business and in order to allow the church at the site, it must be rezoned to P/I, P lic Institutional or PUD, Planned Unit Development. The most recent site plan allows for ast 2 feet of tFlot to remain B-2 with the church located behind. If the request is allowed<si,1d_Z: og pplications would need to be made to accommodate the site: subdivision (preliminalezoning of the western portion of the lot, County approval of access points, and view. Brixius reported there ' "beition ohat constitutes a significant change. However, the Council will want toSif the new plan ill mitigate the conditions outlined in the resolution denying the rezoning.tioned the Council to avoid taking the applicant through the time and cost of the application if the outcome will still be denial. Jeremiah Curran, Westbridge Community Church pastor, stated he hopes their plan is something that works for both the City and Westbridge. He felt the new plan is a significant change from their original plan. He introduced Craig Howse, an attorney retained to help the church navigate the process. He also introduced Bill Waytas, an appraiser to discuss the highest and best use of the property. Howse stated there has been a significant change to the plan. He stated that the new plan is consistent with the Comprehensive Plan and will retain a commercial corridor along CSAH 19. Howse stated that the City Code has six factors to consider when reviewing a rezoning application: • Consistency with the Comprehensive Plan City Council Meeting Minutes Page 4 Regular Meeting of July 6, 2015 Agenda Page 6 • Compatible use within the area • Meets all performance standards • Does not depreciate surrounding properties • Adequate street access • Adequate public infrastructure/utilities Howse stated the proposed site plan meets the above criteria. Bill Waytas, Nagell Appraisal and Consulting, spoke to the best use of the lot. He stated that the original plan may not have been the most efficient use and there is a way to better optimize the use of the lot. He stated that it makes sense to have commercial along CSAH 19. Vetsch stated that Guardian Angels had hoped to purchase the lot, but the two parties could not agree on a price. Waytas reported that the retail market has changed over rec� Waytas stated the front part of the lot will remain consistent with the Comprehensive Plan if it re commercial. Waytas explained the zoning tiers for retail. He stated the classification for th is a neighborhood commercial classification. He stated that developers need to see deman and construction must be cost effective. Sorensen stated they cannot tell what the costs will be in ten years. Waytas replied the costs would be similar and it could be a tbe, of years before the lot develops. . Waytas stated that commercial developers prefer to be located near the Albertville Premium Outlet Mall rather than other commercial areas. Waytas stated it has been nearly eight years since a building permit has been pulled f a new buildin along CSAH 19. He stated once a new building e o goes in, it tends to generate int tanre delopment. Waytas stated that putting a church on the whole lot would not be the b mmercial along the CSAH 19 is a good fit. He stated that putting the whole lot as com ercial may not be cost effective. Waytas stated that he contemplated putting medium to high ity on the back half of the lot, but the Council was opposed to that in the past. He felt putting a church on the back half of the lot makes sense. He stated that churches attract good people to the community. Waytas provided an analysis axes the City would receive if the property remained agricultural versus the church and commercial mix. He reviewed the taxes that could be realized in the next ten years. Hudson inquired if Westbridge would pay the taxes along the commercial portion of the lot until it is developed commercially and sold to someone else. Waytas replied they would. Hendrickson inquired how the lot split and rezoning would work. Brixius replied Westbridge would need to apply for a subdivision and plat. The eastern portion would remain zoned B-2, but the western portion of the lot would most likely be zoned PUD to allow the church. There would be two applications processed simultaneously. Vetsch inquired about the northern portion of the lot behind the house and Brixius replied it would be zoned with the church depending on how the lot lines arrange. Hudson inquired if the church would potentially expand the parking lot and Brixius indicated there was a concept plan to that effect. City Council Meeting Minutes Page 5 Regular Meeting of July 6, 2015 Agenda Page 7 Sorensen inquired if only 30% would remain commercial. Curran stated that is correct. Westbridge is asking for 70% of the lot to be rezoned to P/I. There was some question as to whether the eastern portion of the lot could still be tilled after the lot split. Nafstad inquired of Waytas if his tax analysis would hold true for both sides of CSAH 19. Waytas stated he had not considered the other side of CSAH 19. Craig Hays stated he is a regional developer and homeowner in the area. He stated that the neighborhood commercial tier needs all the helpit can get. He stated that tier is a traffic generator and brings more success and jobs to the community. Tom Cloutier, owner of Shoppes at Prairie Run, stated that it has market. He was supportive of the proposed church. He felt theeA He stated that six restaurants have gone out of business in h' church as helping the current businesses to survive. Albertville. Cloutier stated that banks are hesitant to refinance want to do business in the Albertville after year for his Albertville property. Cloutier stated that landlords cannot problem in Albertville must be fix Albertville. Sorensen inquired if C Cloutier replied that hE the large numbers off very tough in the Albertville too much retail in Albertville. and he sees visitors to the ►le in the area will only benefit Dille property and franchises do not he has consistently lost money year ,nt YAlbertville and also that the retail is too much bank owned property in -d with more retail developing next to his property. development on either side of his property. He feels that contribute to the local businesses. Vetsch stated that the for's site was full on Sundays, but they also needed community support during the week. CTWr stated the church will have mid -week and evening events. Vetsch mentioned the new Prairie Run Cafe is not planning on dinner service at this time. Hendrickson spoke of the importance of the I-94 expansion on local business. Olson inquired what Cloutier foresees occupying the 200 ft of commercial as he sees it as a strip mall. Curran presented Council a letter of support from the Hempel Group, owner of Albertville Crossing. He submitted an online petition for support of the church's request for reconsideration of the rezoning application. He stated they had over 1,000 signatures. Curran reported that City staff had offered four other sites as possible sites for the church. He stated he has called the owners of all the sites. The site across CSAH 19 and the site north of STMA City Council Meeting Minutes Page 6 Regular Meeting of July 6, 2015 Agenda Page 8 Middle School West are not for sale. He stated the third was smaller and sits east of Middle School West and is very heavily wooded and thinks it would not be big enough to build on. The fourth site was south of Middle School West and has a very steep grade and would need a lot of work to be build ready. Curran asked the Council to see the request as a reasonable proposal to keep the commercial corridor along CSAH 19 and to keep the church site under 10 acres. He stated they are trying their best to work towards a goal that is reasonable to both the Council and Westbridge. Sorensen suggested Westbridge may want to consider the City -owned compost site and Brixius stated that lot is currently zoned Public/Institutional. Howse addressed two factors: the proposal is substantially different and the proposal meets all six criteria previously outlined. Howse stated the original 1996 Comprehensive Plan showed concerns that there was excess commercial property. The proposal will remove some of the vacant commercial property within in the City. Brixius stated that wasp,0 of the Tactics Interviews that were part of the original plan and stated that in 1998 the Comp nsive Plan designated that the entire CSAH 19 corridor would be commercial due to the prApMW to I-94. Howse stated that B-2 property owners would like to see more uses or versatility in the B-2 district. He stated that the P/I zoning for the back portion of the lot creates a buffer to the residential properties. He stated they have heard comments that residents have had difficulties se l g their property and the residents are in favor of the proposal. s-, 0 Couri summarized the legal considerations of th uest. stated that the issue before Council is not rezoning of the lot, but is whether the Coil consider the request. If the Council determines that the circumstances su ding e zom application have changed significantly, a 3/5 vote of the Council is needed to cc 'der. jkthe Council wishes to reconsider the application without finding there is a significant chan e that puId require a 4/5 vote of the Council. Sorensen wanted it on theqh th e has received correspondence or spoken to those who are against the rezoning. tate s to represent the taxpayers of Albertville. Vetsch stated he is not against the rch, but Id h e to see them continue to look for other properties. He stated that sometimes er off ay initiate those other properties to sell. Olson stated his views will stay the same e ave completed the 2012 Visioning Study. He stated this is land that they cannot get back. H not want to put future Councils in the situation to deal with limited commercial land. Sorensen stated his biggest concern is that 70% is proposed to be rezoned; he would like to keep the whole parcel as commercial. He stated he would like to see Westbridge in the community and encouraged them to continue to look for sites. Hudson stated his view of the application has not changed and feels it does represent a significant change. He supports the rezoning. He felt the highest and best use of the property is driven by the market. Hendrickson stated she was in support of the application and would like to see it move forward. Motioned by Vetsch, seconded by Sorensen, to deny Westbridge's and Leuer Munsterteiger's request to consider a rezoning application for PID #101-079-000-010 any time prior to March 2, 2016 based on the following reasons: due to lack of significant change in the proposal, the proposed use is not the best use of the parcel, and desire to keep the entire lot zoned as City Council Meeting Minutes Page 7 Regular Meeting of July 6, 2015 Agenda Page 9 commercial (B-2). Ayes: Olson, Sorensen, and Vetsch. Nays: Hendrickson and Hudson. Absent. None. MOTION DECLARED CARRIED. Hendrickson called a recess of the meeting 9:03 p.m. The meeting reconvened at 9:10 p.m. Couri reported that the City must send a 60 day letter in the case of denial of an application and must state the reasons for denial. B. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) C. Public Works/Engineering 1). Greenhaven Street Improvements Nafstad stated the neighborhood is rural in nature and the s has been part of the City Capital Improvement Plan for the that utilities would be put in place at the time the streets f feasible to extend utilities as this time due to costs. H future and should be put in place prior to any recon ctio� Nafstad would like to advertise for bids. Ols tree e in need of repair. This project r ral years. It had been planned air However, it is not financially state that ties will be needed in the Avenue NE. afstad feels the project can be completed in the short construction season.let replie�has talked to several contractors and they believe it can be done. Olson inquired n od was aware of the project and Nafstad replied he has spoken ^tthe eeow rs and they are generally in favor so long as there is no assessment. A leer to the project. Hendrickson inquired if utility lines could be extended under I as the land expansion would be occurring and Nafstad replied that that may be a good time to do so. Motioned by Hendric , se ed lson, to authorize the advertisement of the 2015 Greenhaven Street rovemen ye : Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. one. MO NDECLARED CARRIED. D. Fire — None E. Finance —None F. City Clerk — None G. Building —None H. Legal 1). City Attorney Report Couri stated the Council will most likely see a purchase agreement from Fieldstone Family Homes for the fifteen City -owned Prairie Run lots. City Council Meeting Minutes Page 8 Regular Meeting of July 6, 2015 Agenda Page 10 Nafstad stated he received notice that Charter Communications will be merged. Hendrickson and Nafstad both indicated they have received complaints regarding Charter's service. L Administration 1). Public Works Maintenance Worker I Position Nafstad introduced Matthew Minette as the staff recommendation for the position. He stated Minette stood out in the interview process and has extensive experience relating to the position. Minette is also a paid -on -call firefighter in the Fire Department. Motioned by Hendrickson, seconded by Sorensen, to direct staff to offer Matthew Minette the full- time position of Public Works Maintenance Worker I at a starting wage of S21.84 per hour with a one-step increase upon passing the probationary period performance review. The appointment to the position is conditioned on successful completion of a background check and testing as described in the job description. Ayes: Hendrickson, Hudson, O n, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONDECLARED CARRIAF 2). City Administrator's Update Nafstad reported that the intersection of Main A or four days. Utility work will begin on Wedne hours, and the intersection will be closed for see Nafstad reported that Hendrickson, 9. ANNOUNCEMENTS Hendrickson stated she would he will be at the meeting. 10. ADJO Motioned by Olson, secol Hendrickson, Hudson, O DECLARED CARRIED. Respectfully submitted, Kimberly A. Olson, City Clerk >7th StreNE will be closed for three be temporary water shut off for a few League of MN Cities conference. MEETINGS 3, 2015 City Council meeting. Vetsch stated n, to adjourn the meeting at 9:30 p.m. Ayes: and Vetsch. Nays: None. Absent: None. MOTION City Council Meeting Minutes Page 9 Regular Meeting of July 6, 2015 Agenda Page 11 �lbcrtvill£ Mayor and Council Request for Action Smoii living. gig lifs. July 16, 2015 SUBJECT: CONSENT - FINANCE — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, July 20, 2015 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) M:\Public Data\City Council\Council Packet Infonnation\2015\072015\2015-07-20 Finance Bills Report (RCA).doc Meeting Date: July 20, 2015 a Page 12 A.,lbertvi " le Mayor and Council Request for Action July 16, 2015 SUBJECT: CONSENT - ADMINISTRATION — WRIGHT COUNTY LAW ENFORCEMENT CONTRACT FOR 2016/2017 RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Approve the Contract for Law Enforcement Services from the Wright County Sheriff's Office for 2016 and 2017. BACKGROUND: The Wright County Sheriff's Office has provided contracted law enforcement services to the City of Albertville for many years. Albertville has had 24-hour law enforcement coverage and in 2014, based on the recommendation of the Sheriff's Department, the City Council chose to increase law enforcement coverage from 24 hours per day to 28 hours per day. For budgetary purposes, it was decided to have the increase become effective July 1, 2015. KEY ISSUES: • The attached contract is for services for 2016 and 2017 and includes 28-hour per day coverage from January 1, 2016 to December 31, 2017. • The contract allows for $67.00 per hour for law enforcement services for the 2016 year and $69.50 per hour during 2017. • If the salaries of the Deputy Sheriffs increase during the course of the contract, the hourly rate will not change for 2016 and 2017. • The contract provides 24-hour call and general service. • The number of hours of service to be provided shall be 10,220 annually. • The City must notify the County in writing prior to August 15 regarding any change in the number of hours for the subsequent year. POLICY CONSIDERATIONS: It is the City's policy to evaluate and consider contracts on a case by case basis. FINANCIAL CONSIDERATIONS: The contract cost for law enforcement in 2016 is $684,740, which will be included in the 2016 Budget. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve and amend agreements that the City enters into pursuant to Minnesota State Law. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Law Enforcement Contract M:\Public Data\City Council\Council Packet Infonnation\2015\072015\2015-07-20 Law Enforcement Services.doc Meeting Date: July 20, 2015 enda Page 13 LAW ENFORCEMENT CONTRACT THIS AGREEMENT, made and entered into this day of , 2015, by and between the COUNTY OF WRIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as "County" and the CITY OF ALBERTVILLE hereinafter referred to as the "Municipality"; WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County for the performance of the hereinafter described law enforcement protection within the corporate limits of said municipality through the County Sheriff; and WHEREAS, the County is agreeable to rendering such services, and protection on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by the provision of Minnesota Statutes 471.59 and Minnesota Statutes 436.05; NOW THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants herein contained, it is agreed as follows: That the County by way of the Sheriff agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth: a. Except as otherwise hereinafter specifically set forth, such services shall encompass only duties and functions of the type coming within the jurisdiction of the Wright County Sheriff pursuant to Minnesota Laws and Statutes. b. Except as otherwise hereinafter provided for, the standard level of service provided shall be the same basic level of service which is provided for the unincorporated areas of the County of Wright, State of Minnesota. C. The rendition of services, the standard of performance, the discipline of the officers, and other matters incident to the performance of such services and control of personnel so employed shall remain in and under the control of the Sheriff. 1 Agenda Page 14 d. Services purchased pursuant to this contract shall include the enforcement of Minnesota State Statutes, including but not limited to the Traffic Code and the Criminal Code, as well as all local ordinances enacted in conformance therewith. Statutes and ordinances which prescribe enforcement by a different authority; i.e., the State Electrical Code, the Uniform Building Code, etc., shall be excluded from this agreement. Ordinances pertaining exclusively to purely local city management matters; i.e., sewer and water collection, etc., shall be excluded from this agreement. The Municipality shall be responsible for enforcement of the Municipal Zoning Code, except that the Sheriff will enforce nuisance ordinances conforming to State law; i.e., junk cars, etc. and traffic ordinances; i.e., parking and erratic driving. 2. That it is agreed that the Sheriff shall have full cooperation and assistance from the Municipality, its officers, agents and employees so as to facilitate the performance of this agreement. In order to facilitate a local presence of Sheriff's Deputies, the Municipality shall, if requested by the Sheriff, provide a local telephone line and space for a computer workstation in the respective City Hall or other suitable city owned building at no cost to the County. The Municipality shall allow a sign indicating the location of its Sheriff's substation with appropriate telephone numbers to be displayed on the exterior of the building. 3. That the County shall furnish and supply all necessary labor, supervision, equipment, communication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain the level of service to be rendered herein. 4. The Municipality shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County. 5. The Municipality shall not be liable for compensation or indemnity to any of the Sheriffs employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless the Municipality against any such claims. 6. The County, Sheriff, his officers, and employees shall not be deemed to assume any liability for intentional or negligent acts of said Municipality or any officer, agent, or employee thereof. 7. This agreement shall be effective from January 1, 2016 to December 31, 2017. E Agenda Page 15 The Municipality agrees to pay to the County the sum of $67.00 per hour for law enforcement protection during the calendar year 2016 and $69.50 per hour during the calendar year 2017. If salaries of Deputy Sheriffs are increased at any time during the term of this contract, the hourly rate of this contract shall not be increased. 9. This contract shall be extended automatically for successive one year periods at a rate to be established by the County, unless the County or Municipality shall notify the other of termination, in writing, prior to August 15 of each year. 10. The number of hours of service to be provided pursuant to this contract are as follows: 10,220 hours annually, and shall provide 24-hour call and general service. An additional 28 hours will be provided in 2016 because it is a Leap Year. The Municipality shall notify the County in writing prior to August 15 regarding any change in the number of hours for the subsequent year. 11. The County shall provide for all costs and prosecution efforts with respect to violations charged by the Sheriff in the performance of this agreement. All fines arising from such prosecutions shall accrue to the County. Violations of municipal ordinances excluded from enforcement by this agreement shall be prosecuted by the Municipality at its expense. All fines arising from city prosecutions shall accrue to the Municipality unless otherwise provided by law. 12. Pursuant to law, the County Auditor/Treasurer shall remit to the Municipality its share of all fines collected. The Municipality shall return to the County within 30 days all fine money attributable to prosecutions initiated by the Sheriff in accord with Paragraph 11 of this contract. The Municipality shall keep and retain any fine money submitted by the Auditor/Treasurer attributable to prosecutions initiated by the Municipality. 13. For the purpose of maintaining cooperation, local control and general information on existing complaints and problems in said Municipality, one member of the Municipal Council, the Mayor or other person or persons shall be appointed by said Council to act as police commissioner(s) for said Municipality and shall 3 Agenda Page 16 make periodic contacts with and attend meetings with the Sheriff or his office in relation to the contract herein. 14. The County shall save, hold harmless and defend the City from any and all claims arising from the acts or omissions, including intentional acts and negligence, committed by employees or agents of the County or Sheriff while in the performance of duties in furtherance of this contract. IN WITNESS WHEREOF, The Municipality, by resolution duly adopted by it governing body, caused this agreement to be signed by its Mayor and attested by its Clerk; and the County of Wright, by the County Board of Commissioners, has caused this agreement to be signed by the Chairman and Clerk of said Board, and by the Wright County Sheriff, effective on the day and year first above written. Dated: ATTEST: Clerk Dated: ATTEST: Lee Kelly County Coordinator Dated: Approved as to form and execution: Tom Kelly, Wright County Attorney CITY OF ALBERTVILLE Mayor WRIGHT COUNTY Michael Potter, Wright County Board Chair Joe Hagerty Wright County Sheriff 0 Agenda Page 17 NIbertville S-nd Town Urkq Sip City Ulm. Mayor and Council Communication May 13, 2015 SUBJECT: CONSENT - FINANCE- 2" QUARTER REPORT 2nd QUARTER BUDGET TO ACTUAL: Below are the Second (2nd) Quarter 2015 un-audited General Fund Summary of Revenues and Expenditures. Revenues should be at 50% and expenditures should be at 50%. Revenues are at 48.9% and Expenses are at 35.2%. 2015 Council Update GENERALFUND 31010 102 34113 32100 32110 32120 32150 32210 32240 33422 34000 34001 34005 34103 34103 34106 34107 34202 34780 35000 M:APublic Data\City Council\Council Packet Information\2015\072015\07 20 15 2nd Quarter Budget to Actual RCA.doc Meeting Date: July 20, 2015 Agenda Page 18 General Fund Revenue: 2015 2015 Actual % of Amended Budget 6/30/2015 Budget Current Ad Valorem Taxes 1,683,019 859,550 51.1% Current Ad Valorem Taxes 864,161 432,081 50.0% Franchise Fee -Cable 67,500 37,403 55.4% Business Licenses &Permits 22,000 16,901 76.8% Liquor Licenses 29,150 29,879 102.5% 3.2 Liquor Licenses 150 10 6.7% Sign Permits 1,500 669 44.6% Building Permits 75,000 73,656 98.2% Animal Licenses 500 625 125.1% Mayor and Council Communication - July 20, 2015 FINANCE - 2nd Quarter Report Page 2 of 2 General Fund Expenditures 2015 Amended Budget 2015 Actual 6/30/2015 % of Budget 41100 Council 38,419 18,774 48.9% 41300 Combined Administrator/Engineer 84,645 34,150 40.3% 41400 City Clerk 97,380 43,492 44.7% 41440 Elections 15,500 - 0.0% 41500 Finance 107,103 49,605 46.3% 41550 City Assessor 29,000 28,826 99.4% 41600 City Attorney 40,000 4,550 11.4% 41700 City Engineer 20,000 7,083 35.4% 41800 Economic Development 5,000 2,842 56.8% 41910 Planning & Zoning 38,507 20,074 52.1% 41940 City Hall 117,468 50,926 43.4% 42000 Fire Department 429,433 150,546 35.1% 42110 Police 613,020 282,510 46.1% 42400 Building Inspection 154,468 73,323 47.5% 42700 Animal Control 4,080 3,141 77.0% 43100 Public Works - Streets 268,064 134,805 50.3% 41000 Add'I Consulting 30,000 6,430 21.4% 45000 Culture & Recreation 67,910 41,888 61.7% 45100 Parks & Recreation 239,495 88,935 37.1% 43160 Electric street lights 84,000 33,273 39.6% 102 Capital 102 864,161 103,083 11.9% Total Expenditures $ 3,347,653 $ 1,178,253 35.2% VARIANCES: Revenue: o Second payment out of four for fire protection due in July o Fire and Police Aid are received in October Expenses: o Assessor is paid in full for the year Responsible Person/Title: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD M:APublic Data\City Council\Council Packet Information\2015\072015\07 20 15 2nd Quarter Budget to Actual RCA.doc Meeting Date: July 20, 2015 Agenda Page 19 lb :rtvi11c Mayor and Council Communication Small Town Uving. Dip .HW Ub. July 14, 2015 SUBJECT: FINANCE — ACCOUNTS RECEIVABLE REPORT ACCOUNTS RECEIVABLE: Total accounts receivable outstanding through July 10, 2015 is $182,662.79 The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $158,545.86 86.80% 30-60 days outstanding $ 1,162.26 .64% 60-90 days outstanding $ 16,274.24 8.91% Over 90 days outstanding $ 6,680.43 3.66% The majority of the over 90 days are related to rental properties and will be assessed to the property in November if the amount is still outstanding. PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review monthly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment(s): Accounts Receivable Report M:\Public Data\City Council\Council Packet Information\2015\072015\AR Monthly Report RCA0715.doc Agenda Page 20 Meeting Date: July 20, 2015 Mayor and Council Communication - July 20, 2015 FINANCE - Accounts Receivable Report Page 2 of 3 Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days & Over 152 Club $45.00 $45.00 Aboagye, Ernest & Winifred $206.88 $106.88 $100.00 Albertville Meadows Townhomes $907.50 $7.50 $900.00 Artisan Spa & Salon $312.50 $2.50 $2.50 $2.50 $305.00 Bank of America Home Loans $105.82 $0.83 $0.83 $0.83 $103.33 Barthel, Gary & Shelly $453.75 $3.75 $450.00 BDC Properties, LLC $907.50 $7.50 $900.00 BNI Business Network $260.00 $260.00 Boitnott, Chad $1,401.53 $11.34 $7.50 $457.59 $925.10 Carlson, Jamie $453.75 $3.75 $450.00 Caspary-Shepherd, Tonya $125.00 $125.00 Champeau, Michael & Theresa $453.75 $3.75 $450.00 Chell, Matthew & Gretchen $453.75 $3.75 $450.00 Coach $305.92 $2.53 $303.39 Cumming, Daniel $453.75 $3.75 $450.00 Demars, Lisa & Michael $539.75 $539.75 ECCO $50.00 $50.00 Eull, Jay $453.75 $3.75 $450.00 Farrand, Lucas $453.75 $3.75 $450.00 FYCC $120.97 $120.97 Giving, Dale & Leigha Huffman $925.27 $7.59 $3.84 $913.84 H.R. Nelson, Inc $413.76 $213.76 $200.00 Huber, Becky $453.75 $3.75 $450.00 Hughes, Terrance & Lynda $213.75 $213.75 IH2 Property Illinois LP $907.50 $7.50 $900.00 INH Properties $907.50 $7.50 $900.00 Insparation Salon $305.00 $5.00 $300.00 Keenan, Shaun $925.27 $7.59 $3.84 $453.84 $460.00 Kratz, Scott & Shannon $453.75 $3.75 $450.00 Lagerquist, Terry $388.21 $3.21 $385.00 Lallak, Douglas $471.52 $3.84 $7.68 $460.00 Lindquist, Clay & Amber $150.00 $150.00 Mn Dept of Natural Resources $600.00 $600.00 Morrell, Krista & Jacob $453.75 $3.75 $450.00 Morrison, Phillip & Nancy $453.75 $3.75 $450.00 Orttel, William $907.50 $7.50 $900.00 Otsego, City of $72,721.75 $72,721.75 Patnode, Amy $453.75 $3.75 $450.00 Pebble Boutique $52.51 $0.42 $0.42 $0.42 $51.25 M:APublic Data\City Council\Council Packet Infonnation\2015\072015\AR Monthly Report RCA0715.doc Agenda Page 21 Meeting Date: July 20, 2015 Mayor and Council Communication - July 20, 2015 FINANCE - Accounts Receivable Report Page 3 of 3 Rejuvinate Salon $100.83 $0.83 $100.00 Roden, Wayne $453.75 $3.75 $450.00 Rogers Mini Energy $743.15 $6.05 $6.05 $6.05 $725.00 Rykal, Jason $453.75 $3.75 $450.00 Schulte, Cody & Kristi $453.75 $3.75 $450.00 Simon Property Group, Inc $400.36 $400.36 Simpson, David & Jennifer $453.75 $3.75 $450.00 Stemler, Jay & Amy $90.75 $0.75 $90.00 Stillwell, Jeff & Angie $453.75 $3.75 $450.00 STMA Soccer Club $2,745.84 $2,745.84 Triden, Carole $453.75 $3.75 $450.00 Turner, Joni $925.27 $7.59 $3.84 $453.84 $460.00 Walker, James $522.78 $4.26 $4.26 $4.26 $510.00 Westbridge Community Church $1,759.61 $14.43 $14.43 $1,730.75 Wright County Highway Dept $81,575.04 $81,575.04 Yabandith, Pathana $453.75 $3.75 $450.00 Total $182,662.79 $158,545.86 $1,162.26 $16,274.24 $6,680.43 Current 0-30 days $158,545.86 86.80% 30-60 days $1,162.26 0.64% 60-90 days $16,274.24 8.91% over 90 day $6,680.43 3.66% M:APublic Data\City Council\Council Packet Infonnation\2015\072015\AR Monthly Report RCA0715.doc Agenda Page 22 Meeting Date: July 20, 2015 �lb£rtvi l le &mQl Town Wag. ft OW Up*. Mayor and Council Communication SUBJECT: FIRE DEPARTMENT UPDATE July 16, 2015 CALLS FOR SERVICE: • 133 total calls for the year • 22 calls in Albertville for the month of June GENERAL ADMINISTRATION: • Chief/Command vehicle update: o Vehicle was ordered as a 2016 model o Production first week of August • Joint Fire Advisory Committee Meeting — July 8th o Discussion Topics: ■ Joint Powers ■ Upcoming Budget/Issues • SCBA • Turn -Out Gear • Radios • Laundry Facilities/Equipment • Hiring UPCOMING EVENTS: • Tuesday, July 21St = Coburns Customer Appreciation • Saturday, July 25th = Martin Farms Block Party • Wednesday, July 29th = STMA United Soccer Jamboree • Tuesday, August 4th = National Night Out Responsible Person/Title: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: None M:\Public Data\City Council\Council Packet Infonnation\2015\072015\2015-07-20 Fire Update.doc Meeting Date: July 20, 2015 enda Page 23 Nbertville �Town �ftMw.. Mayor and Council Communication July 16, 2015 SUBJECT: PLANNING - FINKEN ZONING INQUIRY — OUTDOOR SHED SALES AT 5265 KYLER AVENUE NE RECOMMENDATION: City staff seeks City Council feedback on this zoning inquiry. Council is requested to give an opinion as to whether the definition of temporary outdoor seasonal sales may include the property owner's request. BACKGROUND: Tom Finken owns a vacant lot north of the Prairie Run Shopping Center. Per his letter, he would like to display approximately 6-10 new, high quality yard sheds on his vacant property. In staff review of the request, we found that the site is zoned B-2, Limited Business District. The B-2 District addresses outdoor sales as follows: 1. The district does not allow outdoor sales lots. 2. Outdoor display of merchandise is permitted as an accessory use to a business provided the display area is limited to 10% of the gross floor area of the building or tenant bay. 3. The B-2 District does allow temporary seasonal sales as a permitted use as regulated by Section 1000.22 of the Albertville Zoning Ordinance. TEMPORARY OUTDOOR SEASONAL SALES: The temporary sale of agricultural produce, Christmas trees, flowers and the like sold and conducted by the operators of a legitimate, established business within the appropriate zoning district in the city. City licensed mobile food units and food carts as defined in section 4-4-2 of the city code do not fall within this definition, and are exempt from temporary outdoor seasonal sale requirements as provided in section 1000.22 of this ordinance. Section 1000.22 outlined the performance standards for temporary seasonal sales as follow: 1000.22: TEMPORARY OUTDOOR SEASONAL SALES: Temporary outdoor seasonal sales may be permitted in any business zoning district; provided, that the following minimum criteria are complied with: A permit application form and fee, as set by council resolution, shall be submitted to the city administrator who is hereby authorized to review and approve permits for temporary outdoor seasonal sales, provided the following criteria are established: A. The maximum term of operation shall be sixty (60) consecutive days, with a maximum of two (2) permits per calendar year for each use. M:\Public Data\City Council\Council Packet Infonnation\2015\072015\2015-07-20 Finken RCA.doc Meeting Date: July 20, 2015 enda Page 24 Mayor and Council Request for Action — July 20, 2015 Finken Zoning Inquiry Page 2 of 3 B. No portion of the use shall take place within any public right of way or landscaped green strip. C. Parking and display areas associated with the use shall not distract or interfere with existing business operations or traffic circulation patterns. D. Display areas and parking spaces shall use those parking lot spaces that are in excess of the minimum required parking for the primary use of that property. E. The site shall be kept in a neat and orderly manner, and display of items shall be as compact as possible so as to not interfere with existing business, parking or driveway operations. F. Sales products, trailers, temporary stands, etc., shall be located on an asphalt or concrete surface as approved in the administrative permit. G. Temporary outdoor seasonal sales uses (with a valid administrative permit) may have one on site temporary sign not to exceed twenty four (24) square feet in area and not more than twelve feet (12') in height. H. The owner/operator shall have the written permission of the current property owner to locate the use on a specific site. A daily cleanup program shall be presented as part of the administrative permit application. Those temporary outdoor seasonal sales uses that are determined by the city administrator not to be consistent with the intent of the city code or comprehensive plan may be appealed pursuant to the process outlined in chapter 600 of this ordinance. Based on the property owner's description of their intended use, City staff did not believe the intended sales, the duration or condition of the lot fell under the definition or performance standards for temporary seasonal sales. With this interpretation, we informed the property owner that the use was not allowed within the B-2 Zoning District. We informed the property owner that with a letter explaining their proposed use, we would present their inquiry to the Council for consideration. KEY ISSUES: The site is zoned B-2, Limited Business District. This district is to provide low intensity uses on a limited scale due to its proximity to residential neighborhoods. 2. The B-2 District does not allow sales lots. Outdoor sales lots are allowed in the more intense B-3, Highway Commercial District and B-W, Business Warehouse District by conditional use permit. M:\Public Data\City Council\Council Packet Infonnation\2015\072015\2015-07-20 Finken RCA.doc Meeting Date: July 20, 2015 enda Page 25 Mayor and Council Request for Action — July 20, 2015 Finken Zoning Inquiry Page 3 of 3 3. Temporary seasonal sales are a permitted use within the B-2 Zoning District. The City has allowed temporary seasonal sales permits for agricultural produce stands, garden/landscape items, and fireworks occurring within parking lots of developed properties. To allow the property owner's request, the Council would need to expand the definition of temporary seasonal sales to include items like sheds. In making this decision, Council must be aware that this would expand this definition to all other commercial zoning districts. 4. If the Council expands the definition to include a broader range of sale items, the property owner will be required to abide by the performance standards for temporary seasonal sales including: a. Sale duration of 60 days, 120 days with two consecutive sales permits. b. Sales display shall be located on an asphalt or concrete surface. C. Sales display cannot occupy a public right-of-way or landscaped area. POLICY/PRACTICES CONSIDERATIONS: In considering this inquiry, the City Council must consider the implications of an expanded definition of temporary seasonal sales. These uses are allowed in each of the City's commercial districts. The Council must determine if these types of sales lots on vacant lots fit the community's image that it wishes to put forth. What additional uses may take advantage of the expanded definition? FINANCIAL CONSIDERATIONS: None. LEGAL CONSIDERATIONS: A change in the definition of the temporary seasonal sales will be applicable to all lots where this use is permitted. Responsible Person/Departmenth Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Property Owner's Letter M:\Public Data\City Council\Council Packet Infonnation\2015\072015\2015-07-20 Finken RCA.doc Meeting Date: July 20, 2015 enda Page 26 LL Water Treatment Plumbing Heating & Cooling Adam Nafstad City Administrator/Public Works Director City of Albertville 5959 Main Ave NE, Albertville, MN 55301 Dear Mr. Nafstad: 628 19th Avenue NE • St. Joseph, MN 56374 P.O. Box 7190 • St. Cloud MN 56302 Phone: 320.258.2005 • Fax: 320.258.2006 Finken Plumbing, Heating and Cooling and Finken Water Solutions is seeking an opportunity to use the lot that we own adjacent to our Albertville store lot at 5262 Kyler Ave. #116 for the purpose of displaying approximately 6-10 brand new, high quality yard sheds. The yard sheds would be models units and would be available to custom order from our store representative. Since the shed business is very seasonal we would have the units on display from spring -fall or approximately April -October. We feel this would be a good use of the vacant lot. Please reach Tom Finken directly with questions: (320) 258-2242. 14 http://www.grandviewbuiIdings.com/ Thank you for your consideration! Kirsten Freeman, Director of Business Development Water Treatment I Bottled Water I Salt Delivery I Coffee Services Plumbing I Heating & Cooling I Drain & Duct Cleaning I Radon Testing Albertville • LitchRW4r;c E0g%S 2J)sseo • St. Joseph 877.FINKENS (346.5367) www.FINKENS.com NIbertville �Town �ftMw.. Mayor and Council Request for Action July 16, 2015 SUBJECT: PLANNING - ALBERTVILLE PREMIUM OUTLETS — FOOD TRUCKS RECOMMWNDATION: City staff seeks direction in responding to the Outlet Mall's request to reduce the 200 foot setback between mobile food units (MFUs) and established restaurants within a shopping center under one ownership. The options include: Draft an exception to the 200 foot setback regulation to allow shopping center owners to allow an MFU within 200 feet of an established restaurant within the same shopping center. 2. Address this setback flexibility through an amendment to the Outlet Mall PUD to limit this setback flexibility to just the Outlet Mall. BACKGROUND: The Outlet Mall recently applied for a MFU license to locate a food truck at the Mall. The preferred location was in the northwest pedestrian area of Outlet Mall Phase I (see attachment). In staff review with the applicant, we found that the preferred Outlet Mall MFU location fell within 200 feet of the Subway sandwich shop (one of the Mall tenants). The solution for this license was to locate the MFU within the parking lot, 200 feet away from Subway. While this temporary fix was acceptable, the Outlet Mall prefers placing the MFU on their plaza area, closer to the storefronts and sidewalk. This location removes the MFU from the parking lot, and removes them from areas that may conflict with traffic and avoiding the need to have pedestrians patronizing the MFU from walking through the parking lots and traffic areas. In 2014, the City adopted an ordinance to establish license requirements for MFUs wishing to locate in Albertville. The ordinance was in response to complaints from a local restaurant with regard to the placement of a food truck at the corner of CSAH 19 and CSAH 37. In developing this ordinance language, the City determined that it wanted to allow MFUs within the City to expand the dining choices within the community. In outlining the performance standards for MFUs, the City required a 200 foot separation between the MFU and any established restaurant locations. This is intended to provide some protection for established restaurants from these transient merchants. The Outlet Mall is a unique situation with regard to its size and operations. The General Manager of the Mall has indicated that due to the limited food options at the Mall, food trucks are brought in to contribute to the shopping experience. The Outlet Mall's preferred locations for the MFU is on their plaza areas near the sidewalk for customer convenience and safety. This area, however, lies within 200 feet of the Subway restaurant. The Outlet Mall would like to be exempt from the 200 foot setback rule from foot vendors that are tenants within the Mall. Meeting Date: July 20, 2015 enda Page 28 Mayor and Council Request for Action — (July 20, 2015) (Albertville Premium Outlets — Food Trucks) Page 2 of 2 KEY ISSUES: • The 200 foot setback is intended to establish a separation to protect established restaurants from transient food vendors. • The Outlet Mall is a unique land use with regard to size and operation. They would like control of the location of MFUs within their properties. • The Outlet Mall claims that locations outside of the sidewalk/plaza areas are not convenient or safe for customers to access the MFUs, requiring pedestrians to walk through traffic areas. • The Council may wish to offer some flexibility to other shopping center or multiple tenant owners (Albertville Crossing, Shoppes of Prairie Run, Shoppes of Towne Lakes, etc.) or it may choose to limit the exception to just the Outlet Mall. • Any exception would only apply to restaurants within the same property. The MFU would still need to maintain a 200 foot separation from restaurants on adjoining lots. POLICY/PRACTICES CONSIDERATIONS: In considering this inquiry and the two suggested options, the City Council must consider the potential implications beyond the Outlet Mall. The Council may choose to draft an exception into the current ordinance granting the setback exception to all shopping centers and multiple tenant buildings, or we may amend the Code to have the amendment only apply within the Outlet Mall. Staff seeks your direction on this item. FINANCIAL CONSIDERATIONS: None. LEGAL CONSIDERATIONS: Upon receiving Council direction, staff shall prepare the needed Code amendment for Council adoption. Responsible Person/Department: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: Outlet Mall Layout Map M:\Public Data\City Council\Council Packet Infonnation\2015\072015\2015-07-20 Outlet Mall MFU.doc Meeting Date: July 20, 2015 enda Page 29 This eahm b Provided for imtrAve putpw wy. aad 4111 aot 6e d«Joed U be awarnnry, IapreSeMSM40r Wem tby Le A dIbat the Cermr.Common Neu buildings Wkr store %iU he u iilastwed on this exMt it, or that uty toamU wtkb rmy be raferwced w this CAIN, vilataaydm beoccagntsohSe Caotee. LandioAMS4 4Ad9ktOmodi[y3icE, .Mgumtfoa and omrpaats o[the Csnter at Jay r;n .,eusrwero�r e / AarJJt Hr� tZ'A-DOO OUTLOTA Project Data TotafGLA 420,647 Site Plan TOTAL. PARKING SPACES: 2362 SPACEIIOOO SF OF GIA: 5,50 25 V �.1m f "fled: January 13, 2011 0 "EXH �IT ' Agenda Page 30 A,lb-crtvill£ Mayor and Council Request for Action Smolt rW. July 20, 2015 SUBJECT: LEGAL — REQUEST FOR THE STATE TO DEED TAX FORFEIT PROPERTIES TO THE CITY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Adopt Resolution No. 2015-029 Requesting The State of Minnesota to Deed Tax Forfeited Lands to the City of Albertville. BACKGROUND: Wright County has recently forwarded to the City a list of four properties that have gone tax forfeit in the City of Albertville. One is a single family home in the Parkside plat that will likely be sold and returned to private ownership. Three other properties are remnants that are unusable by themselves, including a road, a wetland parcel, and a storm water pond. City Staff recommends that the City acquire all three of these remnant parcels to preserve their current public uses. The three properties are as follows: 1. Parcel 101500014313, a portion of 51st Street NE east of Lannon Avenue NE. 2. Parcel 101086000020, the storm water ponds located in the Albertville Crossing plat (Coborn's). 3. Parcel 101500011400, a wetland parcel located north of the railroad and immediately west of Barthel Industrial Drive NE across from the Marine property. Under State law, the City can acquire the road parcel for free as long as we use the property for a public purpose and the Wright County Board favorably recommends to the State that the State deed the property to the City at no cost. For this property, the State will issue the City a reversionary deed. Under this deed, the State retains the right to require the City to deed the property back to the State if the City quits using it for the stated public purpose (road purposes). State Statutes would allow the City to acquire the other two properties at less than market value (they are valued at $3,600 for the Albertville Crossing pond and $5,000 for the wetlands) if the County had classified them as "conservation" land. Unfortunately, the County classified these properties as "non -conservation" land. The City Attorney believes that the County can reclassify these two properties as "conservation" land so that the City can then acquire them at a reduced price, preferably $1.00. These properties likely have no real value in the marketplace due to the existence of the wetlands and ponds on the properties. KEY ISSUES: • The City can acquire the street property at no charge provided we continue to use it as a street. MAPublic Data\City Council\Council Packet Information\2015\072015\2015-07-20 Tax forfeit properties RCA.doc Meeting Date July 20, 2015 a Page 31 Mayor and Council Communication — July 20, 2015 Request for the State to Deed Tax Forfeit Properties to the City Page 2 of 2 • The pond and wetland properties will need to be reclassified by the County Board as "conservation" properties before the City can acquire them for less than their fair market value. • City Staff believes the City has utilities located in the Barthel Industrial Drive NE wetland property. • The City will need the cooperation of the County Board to acquire these three properties. POLICY CONSIDERATIONS: All three of these properties are similar to properties that the City already owns (i.e. ponds, wetlands, and right of way) and all will serve a local public purpose. Ownership of these properties is consistent with current City policy. FINANCIAL CONSIDERATIONS: There are no significant financial considerations. The State will deed the street property to the City for free. The other two properties are not developable and would likely not sell at a tax sale. City Staff expects the County to sell these to the City for nominal consideration (typically $1.00). These properties generate little or no tax dollars for the City (assuming taxes were to be paid), so City acquisition will have a negligible impact on tax revenues. The City is already maintaining 51St Street NE. The Barthel Industrial Drive NE wetland property needs no regular maintenance. The Albertville Crossing developer's agreement requires the Albertville Crossing properties to maintain the pond and allows the City to special assess these properties if the property owners fail to maintain the pond. City Staff expects the costs of pond maintenance to ultimately be paid by the owners of the Albertville Crossing properties. LEGAL CONSIDERATIONS: The City Attorney recommends acquiring these properties from the State now while the City can do so with little or no cost. Ownership by the City will preempt any future complications should a private party acquire these properties and try to assert ownership rights in them. Responsible Person/Department: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2015-029 MAPublic Data\City Council\Council Packet Infonnation\2015\072015\2015-07-20 Tax forfeit properties RCA.doc Meeting Date July 20, 2015 enda Page 32 Wright County, MNbeaconTM Date Created: 7/15/2015 Parcel ID 101500014313 Alternate ID n/a Owner Address n/a Sec/Twp/Rng 1-120-24 Class 983 - COUNTY ADMINISTERED Property Address Acreage n/a District n/a Brief Tax Description Sect-01 Twp-120 Range-024 UNPLATTED LAND ALBERTVILLEI A60FT STRIP OF LD IN TH PRT OF LT G& PRT OF LT E OF W1/2 OF SE1/4 &TH PRT OF SE1/4 CTRLN DES COM AT A PT ON W LN OF LTl BLK9 BARTHELS IND PK 136.03FT S OF NW COR OF LT1 TH N2D0'08" E ALG W LN OF LTl& W LN OF 51ST ST 166.27FT TO POB OF CTRLN TH N80D40'48"W 37FT TH WLY&SWLY ALG TAN CRV CONCV S HAV RAD 928.05FT&CTRL AGL 22D 01'11" 356.66FT TH S77D18'01"W TAN TO SD CRV 30FT TH N12D41' 59"W 30FT TH NLY ON TAN CRV CONCV E HAV RAD 241.76FT CTRL AGL 7D17'10" 30.74FT TO S LN& CTRLN OF LANNON AVE TH RET ON LST DES CRS 30.74FT TH RET S 12D41'59"E30FT TH S77D18'01"W 30FT TH WLY ON TAN CRV CONCV N HAV RAD 657.19FT CTRL AGL 15D30' 177.79FT TH W108.63FT TO E LN&CTRLN OF ROYAL DR& SD CTRLN TERM THE SIDE LNS TO BE PRO OR SHORT TO TERM ON BOUND LNS OF BARTHEL IND PK OR ROYAL ADD EX TR DES IN BK286-862 (Note: Not to be used on legal documents) Last Data Upload: 7/14/2015 10:41:07 PM Agenda Page 33 CIdeveloped by The Schneider Corporation Schneider www.8chneidercorp.com Agenda Page 34 Wright County, MN Parcel ID 101086000020 Alternate ID n/a Sec/Twp/Rng 1-120-24 Class 983 - COUNTY ADMINISTERED Property Address Acreage n/a District n/a Brief Tax Description Sect-01 Twp-120 Range-024 ALBERTVILLE CROSSING OUTLOT B (Note: Not to be used on legal documents) Last Data Upload: 7/14/2015 10:41:07 PM 0. beacon TM Date Created: 7/15/2015 i AHCL YCL 1NICL IVATECL JPCL nays :erstate ate Hwy Hwy ownship Limits rcels Owner Address n/a 61 dovelo The°ne Scnns.der Corporolgn SChr*KjW www wArmclorcorp com Agenda Page 35 Wright County, MN (*beacon TM Date Created: 7/15/2015 Parcel ID 101500011400 Alternate ID n/a Owner Address n/a Sec/Twp/Rng 1-120-24 Class 983 - COUNTY ADMINISTERED Property Address Acreage n/a District n/a Brief Tax Description Sect-01 Twp-120 Range-024 UNPLATTED LAND ALBERTVILLEI SE1/40F NE1/4 EX RY EX PRT TO HWY EX TR DES IN 219-543 EX TR DES IN BK222-120 5626B EX TRDES IN BK290-489 EX TR DES IN BK78-MIS89 (Note: Not to be used on legal documents) Last Data Upload: 7/14/2015 10:41:07 PM (1 developed by The Schneider Corporation Schneider www.schneidercorp.com Agenda Page 36 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2015-029 RESOLUTION REQUESTING THE STATE OF NNNESOTA TO DEED TAX FORFEITED LANDS TO THE CITY OF ALBERTVILLE WHEREAS, Wright County informed the City that several properties in the City have been forfeited for failure to pay taxes and that the City could acquire such properties for a lawful public use under Minn. Stat. 282.01, Subd. la; and WHEREAS, the City desires to acquire that parcel of land assigned property identification number 101500011400 for purposes of preserving use as a road pursuant to Minn. Stat. § 282.01, Subd. Ia(e)(1); and WHEREAS, the City desires to acquire that parcel of land assigned property identification number 101500014313 for less than its market value for purposes of preserving existing wetlands pursuant to Minn. Stat. § 282.01, Subd. la(h); and WHEREAS, the City desires to acquire that parcel of land assigned property identification number 101086000020 for less than its market value for continued use as a storm water holding pond pursuant to Minn. Stat. § 282.01, Subd. la(h); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. The Public Works Director is directed to notify Wright County in writing that the City of Albertville intends on acquiring that parcel of land assigned property identification number 101500011400 for use as a road, a lawful public purpose under Minn. Stat. 282.01, Subd. la(e)(1). The City of Albertville respectfully requests the Wright County Board to favorably recommend to the State of Minnesota the conveyance of this property to the City of Albertville for public use. 2. The Public Works Director is directed to notify Wright County in writing that the City of Albertville wishes to acquire that parcel of land assigned property identification number 101500014313 for less than its market value for purposes of preserving existing wetlands pursuant to Minn. Stat. § 282.01, Subd. 1 a(h), provided Wright County reclassifies such property as "conservation" land. The City of Albertville respectfully requests the Wright County Board reclassify this land as "conservation land" and convey this Agenda Page 37 City of Albertville Resolution No. 2015-029 Page 2 property to the City of Albertville for consideration of $1.00. 3. The Public Works Director is directed to notify Wright County in writing that the City of Albertville wishes to acquire that parcel of land assigned property identification number 101086000020 for less than its market value for continued use as a storm water holding pond pursuant to Minn. Stat. § 282.01, Subd. 1 a(h), provided Wright County reclassifies such property as "conservation" land. The City of Albertville respectfully requests the Wright County Board reclassify this land as "conservation land" and convey this property to the City of Albertville for consideration of $1.00. Adopted by the Albertville City Council this 20th day of July, 2015. ATTEST TO: Kimberly A. Olson, City Clerk Jillian Hendrickson, Mayor Agenda Page 38 �lbertville City Administrator's Update lf July 16, 2015 GENERAL ADMINISTRATION Oldcastle Building Envelope: The closing for Oldcastle occurred on Wednesday, July 8. Scannell is working towards an early August construction start. July Workshop on CIP: We will have AE&M present to discuss the CIP at the workshop prior to the regular meeting on Monday. Admin. Asst. /Permit Tech Position: Interviews were held on Wednesday, July 15. This item may be added to Monday's agenda, otherwise the hiring recommendation will be at the first meeting August. Liquor License Violations: Wright County Public Health Department has informed the City that two Albertville establishments failed an alcohol compliance check on June 4, 2015. At each location, the server failed to correctly read the identification of an 18 year old. In 2005, Council passed a resolution outlining suggested fines for liquor violations. This is the first violation in a 24-month period for each establishment and the resolution recommends imposition of a $500.00 fine. Staff will invoice the establishments for that amount unless otherwise directed by Council. Each establishment may request a hearing before the City Council to dispute the fine. Trailblazer Transit: At the recent Wright County Area Transit meeting it was learned that ridership is continuing to grow in the County. During the 2nd Quarter, 176 rides originated in Albertville. The Trailblazer facility in Buffalo in under construction and scheduled to open in March. Today Trailblazer has approximately 7 buses on the road in Wright County and plans to have 14 by the end of the year. 2016 Budget: The preliminary budget is currently being reviewed by Department Heads and will be presented to Council at our first budget workshop (August 3). Staff would like to have Council approve a Preliminary Budget and Levy on September 8. ENGINEERING/PUBLIC WORKS Main Avenue NE Railroad Crossing: I have been working with BNSF regarding the condition of the timber pads. The railroad is putting together an estimate and draft agreement to replace the pads. Generally, these agreements have a 90/10 city -railroad cost split. I expect to have the estimate by late July. 571" Street NE/Church of St. Albert Improvement Project: Most of the utility work in the Main Avenue NE and 571" Street NE intersection is complete. Closure of the intersection will be limited, but the intersection will remain gravel. Over the next weeks the Contractor will be working on utilities between Main and Lachman. Agenda Page 39 Greenhaven Streets: The project is advertised with a bid date of July 28 and bids will be presented at the August 3 Council meeting. An informational letter was sent to Greenhaven residents. Bucket Truck: We are currently negotiating on a 2000 Ford F450, with 29' bucket. The asking price of the truck is $11,700. It is a single -owner vehicle that is very clean. Tim and Ryan are looking into the purchase. The next planned purchase will be replacement of the 1998 1-ton, which we plan to bring to the Council in August. UPCOMING EVENTS and ANNOUNCEMENTS (none) City Administrator's Update Page 2 of 2 July 20, 2015 Agenda Page 40