2013-08-05 CC Minutes1 , AOL
ALBERTVILLE CITY COUNCIL
Monday, August 5, 2013
ADOPTED MINUTES
ALBERTVILLE CITY HALL
1. CALL TO ORDER — PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:00 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Council members Olson, Sorensen, and Vetsch
Absent: Council member Wagner
7:00 PM
Others Present: City Administrator -PWD Adam Nafstad, City Attorney Michael Couri, City
Planner Alan Brixius, City Clerk Kimberly Olson, Public Works Supervisor Tim Guimont, James
Bartz, Bryan Schleif, Tami Omdahl and Tom DeQuattro
3. RECOGNITIONS, PRESENTATIONS, INTRODUCTIONS — None
4. PUBLIC FORUM
There was no one present to speak at the forum.
5. APPROVAL OF THE AGENDA
Nafstad added 2013 Improvements and Parking Lot Seal Coat as additional items under 8H. Vetsch
also added Silt Fencing under 8H.
Motioned by Vetsch, seconded by Olson, to approve the agenda as amended Ayes: Hendrickson,
Olson, Sorensen, and Vetsch. Nays: None. Absent. Wagner. MOTIONDECLARED
CARRIED.
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by City Staff and will be enacted
by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the
Consent Agenda following the approval of the remaining Consent items. These items will be
approved by a separate motion.
A. Approve the July 15, 2013 regular City Council meeting minutes as presented
Page 1
B. Approve the July 15, 2013 City Council Workshop meeting minutes as presented
C. Authorize the Monday, August 5, 2013 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at City
Hall upon request
D. Accept the draft July 8, 2013 STMA Ice Arena Board meeting minutes as presented
E. Approve the application and permit for 1 -Day Temporary Consumption and Display
Permit for the Albertville Fire Department for the Annual Fall Party and Retirement
Dinner to be held on September 14, 2013
F. Accept the 2013 2nd Quarter Accounts Receivable Report
G. Accept the 2013 2nd Quarter Budget to Actual Report
H. Approve Resolution No. 2013 -025, a Resolution Adjusting Special Assessment For
Gerhardt Knechtl Property For 1 -94 Collector Distributor Road
Motioned by Sorensen, seconded by Hendrickson, to approve the consent agenda as presented.
Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Wagner. MOTION
DECLARED CARRIED.
7. DEPARTMENT BUSINESS
A. City Clerk
1). Willy McCoys Liquor License
Clerk Olson reported an on sale intoxicating, Sunday sale and 2:00 a.m. close liquor
license application has been received from Thomas DeQuattro for Willy McCoys of
Albertville to open in the former Pubhouse 19 location, 5651 LaCentre Avenue NE.
The applicant has submitted the appropriate insurance and forms and is aware the
outstanding Fire Code violations at the property must be corrected prior to opening.
They will utilize the outdoor seating available at the location. Staff recommends
approval of the license contingent upon the full payment of the liquor license fees,
satisfactory background check, proof of liquor liability insurance, workers
compensation insurance, and correction of all outstanding Fire Code violations for
the property.
Vetsch inquired about the type of restaurant Willy McCoys would be. DeQuattro
stated that it will be a family restaurant with a type of Prohibition theme. He wants
the restaurant to focus on family and food rather than liquor; however, they will
feature local craft beers. Vetsch inquired if DeQuattro will rent or purchase the
building. DeQuattro replied his plan is to lease at this point. Vetsch stated he was a
little concerned about the 2:00 a.m. close because the senior cottages are near the
restaurant. DeQuattro stated that he does not anticipate problems because he will
not be having bands perform at the restaurant and that is usually when there are
issues with closing time. He stated that he will be the sole owner of the business
and has had several restaurants in the past in Wisconsin and downtown Minneapolis
so he is an experienced restaurant owner.
City Council Meeting Minutes Page 2
Regular Meeting of August 5, 2013
Hendrickson stated she is excited to see another business come into that location
and suggested that good food and good service would make a big difference in the
success of the business.
Motioned by Hendrickson, seconded by Sorensen, to approve an on sale
intoxicating, Sunday sale and 2:00 a.m. close liquor license for Willy McCoys of
Albertville LLC, 5651 LaCentre Avenue NE contingent upon the full payment of
the liquor license fees, satisfactory background check, proof of liquor liability
insurance, workers compensation insurance, and correction of all outstanding
Fire Code violations for the property. Ayes: Hendrickson, Olson, Sorensen, and
Vetsch. Nays: None. Absent. Wagner. MOTIONDECLARED CARRIED.
8. PUBLIC HEARING — Guardian Angels Proposed Development Items
Brixius stated the senior housing project with Guardian Angels has been a priority of the City's
since 2008. The parcel is currently in an R-1 A, Low Density Single Family District. Guardian
Angels is applying for a rezoning to R -7, Residential Special Purpose, High Density
District/Planned Unit Development to allow for the higher density senior housing use on portions
of the site west of Kassel Avenue NE (Lot 1 and Outlot A). The portion of the site east of Kassel
Avenue NE (Outlot B) is to remain under R -1 A zoning.
Brixius reported the proposal is to build a two -story senior housing campus with a German half -
timbered architectural theme titled "Engel Haus." Phase I of the campus will include a secure
wing for 16 memory impaired residents, 14 assisted living apartments, and 30 -32 apartments for
more independent seniors. A future phase will approximately double the square footage of the
campus. The site had been disturbed during previous subdivision construction phases and
currently contains large mounds of excavated soil. The Engel Haus proposal will remedy and
improve existing conditions. There will be several other improvements required from Guardian
Angels in the agreement.
The rezoning conditions restrict the age to seniors over the age of 60 and Couri felt it should be
consistent with other senior housing developments that restrict to those over the age of 55. He
will amend the language to reflect that change. Vetsch has concerns about individuals under that
age moving into the development. Court clarified that no more than 20% of the units can house
residents under the age of 55 and they must need the assisted or memory care certified by a
physician. Vetsch would like to see that percentage reduced, at least to 15% of the units. Bartz,
Vice President of Operations for Guardian Angels, stated that 15% is fine; their intent is the
senior housing. Couri indicated he would make the change in the documents.
Motioned by Hendrickson, seconded by Olson, to adopt Resolution No. 2013 -026 entitled a
Resolution approving a comprehensive land use plan amendment to change the guided land
use for portions of the Guardian Angels of Albertville property located at Kassel Avenue NE
and County Road 18 in the City of Albertville. Ayes: Hendrickson, Olson, Sorensen, and
Vetsch. Nays: None. Absent: Wagner. MOTIONDECLARED CARRIED.
City Council Meeting Minutes Page 3
Regular Meeting of August 5, 2013
Motioned by Sorensen, seconded by Olson, to adopt Ordinance No. 2013 -06 entitled an
Ordinance amending the official Zoning Map of the City of Albertville, relating to the
Guardian Angels property located at Kassel Avenue NE and County Road 18 in the City of
Albertville with amendments to the ordinance changing the minimum age from 60 to 55 and
adding paragraph 9 to make the zoning subject to the terms of the PUD Developer's
Agreement. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Wagner.
MOTION DECLARED CARRIED.
Motioned by Olson, seconded by Hendrickson, to adopt Resolution No. 2013 -027 entitled a
Resolution approving a preliminarylfinal plat entitled Guardian Angels of Albertville, relating
to the Guardian Angels property located at Kassel Avenue NE and County Road 18 in the City
of Albertville. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent:
Wagner. MOTIONDECLARED CARRIED.
Motioned by Hendrickson, seconded by Vetsch, to approve Resolution No. 2013 -028 entitled a
Resolution approving site and building plans for the Guardian Angels of Albertville property
located at Kassel Avenue NE and County Road 18 in the City of Albertville. Ayes:
Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Wagner. MOTION
DECLARED CARRIED.
Hendrickson opened the public hearing.
Omdahl, Senior Vice President of Northland Strategies, reported on Tax Increment Financing
District No. 15. It will be a housing district not to exceed 25 years. The first 10% of the
generated Tax Increment Financing will go to the City for administrative costs first and the
remainder will then go to the developer on a pay as you go basis for the developer's costs for
public improvements. Omdahl felt the district could possibly terminate early. Northland
Securities has reviewed the developer's pro forma and the developer's return on equity would be
increased by 3% with the Tax Increment Financing. Omdahl stated they recommend approval of
the TIF district.
Hendrickson asked for additional public comment. There were no additional comments.
Motioned by Hendrickson, seconded by Sorensen, to close the public hearing. Ayes:
Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Wagner. MOTION
DECLARED CARRIED.
Motioned by Sorensen, seconded by Olson, to adopt Resolution No. 2013 -029 Modifying
Municipal Development District No. I and Modifying the Development Program Therefor and
Establishing Tax Increment Financing (Housing) District No. 15 Therein and Approving a
Tax Increment Financing Plan. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays:
None. Absent: Wagner. MOTIONDECLARED CARRIED.
Couri reviewed the Contract for Private Development. He stated the City agrees to pay the
developer for their costs on public improvements if the developer meets all the requirements.
However, the developer must prove their costs to the City and can only receive what is generated
City Council Meeting Minutes Page 4
Regular Meeting of August 5, 2013
by the TIF district. The State requires 20% of the units have residents whose income is 50% of
the median income. Bartz asked the completion date be moved to October 14, 2014.
Motioned by Vetsch, seconded by Olson, to adopt Resolution No. 2013 -030 Approving
Contract for Private Development upon City Attorney Approval and Awarding the Sale of, and
Providing the Form, Terms, Covenants and Directions for the Issuance of its Tax Increment
Revenue Note, Series 2013, in the Maximum Principal Amount of $1,200,000. Ayes:
Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Wagner. MOTION
DECLARED CARRIED.
Motioned by Hendrickson, seconded by Olson, to adopt Resolution No. 2013 -031 Authorizing
Interfund Loan for Advance of Certain Costs in Connection with Tax Increment Financing
District No. 15. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent:
Wagner. MOTIONDECLARED CARRIED.
Couri reviewed the Planned Unit Development Agreement. He stated minimum age will now be
55. One unit will be available for a maintenance staff person to reside in. There are restrictions
on the number of nights family can stay in the units. The developer may operate limited
commercial uses such as a cafe, salon or other services they feel the residents would need. There
are also some final figures to be added to the contract as well as exhibits. There are surety
requirements included. He stated there will be some reduced park dedication fees because the
residents living there would not be using the parks.
Motioned by Vetsch, seconded by Sorensen, to approve a Planned Unit Development
Agreement "Guardian Angels of Albertville" between the City of Albertville, Evans Park, Inc.,
and Guardian Angels of Elk River, Inc. subject to Albertville City Attorney approval. Ayes:
Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Wagner. MOTION
DECLARED CARRIED.
Hendrickson opened the public hearing for the Kassel Avenue NE vacation.
Couri stated the developer has requested they vacate five feet on each side of Kassel Avenue NE
and the developer will plat the road.
There were no other public comments.
Motioned by Sorensen, seconded by Olson, to close the public hearing. Ayes: Hendrickson,
Olson, Sorensen, and Vetsch. Nays: None. Absent: Wagner. MOTIONDECLARED
CARRIED.
Motioned by Hendrickson, seconded by Olson, to adopt Resolution No. 2013 -032 Vacating a
Portion of Kassel Avenue NE within the City of Albertville. Ayes: Hendrickson, Olson,
Sorensen, and Vetsch. Nays: None. Absent: Wagner. MOTIONDECLARED CARRIED.
Nafstad thanked Bartz and stated how enjoyable it was to work with him and the Guardian
Angels team.
City Council Meeting Minutes Page 5
Regular Meeting of August 5, 2013
9• DEPT A1ENT BUST
B• Public Work, NESS _ Continued
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Win t r ark Engineering
Gull mont reported there p °rte
staffrco e no d th or he 0h the foundation
funds f shelter itself at
amended the c and slab for
keep a consiste the ti a shelter
shelter. nt look, The Parks at the me They received o laid, but
City had used
mmittee for other quotes and
Motioned reconunended c park shelters to
by Oxon construction of the
sluarefoot shelter seepnde
SIS,8S9, for Inter bYRendrickson to
Wagner• �YlO1lOendrickson Olson from Flanaga Scale ePurchasing a 20
,Sorensen s in the amount by 20
DECRED CRIED ,and Yetsch, Nays of
2)• Public Works one.
ks Repot Absent..
Guimont re
to re ported the horseshoe
move them. The pits at Oakside Park are staff to remove the y could possibly put the
horseshoe m jn at Central Parked and WOUId Like
different park in the pits, but keep the materials on h Council directed
future• and to install in a
Sorensen liked the new signs at the compost site. G
large increase in the use of the co
uimont reported there has been a
cost comparison of the services Otsego Provides to Albertville requested compare together a
to allow Otsego residents to use the compost site: Council questioned how d to the costs
could keep contractors from using the site. Court replied they would need an they
ordinance or a resolution banning contractors from the site.
C. City Council
1). Committee Updates (STMA Ice Arena, Planning Commission, JPWB, Joint Fire Board, and
Parks Committee)
There were no updates.
Nafstad stated there is an STMA Ice Arena Board meeting prior to the August 12
Budget Workshop. He requested they started the meeting 15 minutes later than
originally planned to allow the Board to hear a presentation on the ice arena roof
issues.
Motioned by Hendrickson, seconded by Sorensen, to start the August 12, 2013
Budget Workshop at 7:15 p.m. Ayes: Hendrickson, Olson, Sorensen, and Vetsch.
Nays: None. Absent: Wagner. MOTIONDECLARED CARRRIED.
City Council Meeting Minutes Page 6
Regular Meeting of August 5, 2013
D. Finance
1). Approval of the Mid -Year 2013 Certification of Uncollected Utility Bills and
Accounts
Motioned by Vetsch, seconded by Olson, to approve Resolution No. 2013 -033
Certifying the 2013 mid year Uncollected Utility Bills to Wright County for
Collection with Real Estate Taxes. Ayes: Hendrickson, Olson, Sorensen, and
Vetsch. Nays: None. Absent: Wagner. MOTION DECLARED CARRIED.
E. Planning and Zoning
1). Fence Ordinance Amendment
Brixius reported the Planning Commission recommended two changes to the fence
ordinance. The first is to correct discrepancies in the ordinance between text and
diagrams. Text indicates 42 inches in height for fences while the diagram shows 48
inches in height. The recommendation is to make the ordinance consistent at 48
inches in height for fences. The second recommendation is to change the current
ordinance that calls for fences around pools to be 5 feet in height. After looking at
surrounding communities and by request of residents, it is recommended the
ordinance be changed to require above - ground pool fences to be 4 feet in height and
below - ground pool fences to remain at 5 feet in height.
Vetsch had concerns about the ordinance change making front yard fences too high.
He stated there are several properties in town with front yard fences at 42 inches in
height that look very nice. Council discussed different heights in front yard fences
and how they affect the feel of the City. Brixius stated they could leave the
ordinance the same or change it. Sorensen stated the ordinance changes were
recommended by the Planning Commission and he is supportive of their
recommendations. Hendrickson would like the ordinance to be uniform.
Motioned by Olson, seconded by Hendrickson, to adopt Ordinance No. 2013 -07
approving a fence ordinance amendment to required fence height as described in
Section 1000.6. G Residential District Fences, Section 1000. S. C Single- Family or
Two - Family Dwelling Pools, and Section 1000. 5.D Multiple- Family Dwellings,
Clubs and Organization Pools. Ayes: Hendrickson, Olson, and Sorensen. Nays:
Vetsch. Absent. Wagner. MOTIONDECLARED CARRIED.
F. Building — None
G. Legal -None
City Council Meeting Minutes Page 7
Regular Meeting of August 5, 2013
H. Administration
1). City Administrator's Update
Nafstad reported the cost for the improvement to the old Public Works building are
expected to exceed the limits set out in the lease agreement with the Soccer Club.
The Soccer Club is still interested in the building however and staff is
recommending a six year lease rather than a five year. Couri will be drafting a
revised lease agreement. Staff plans on using a construction management firm and
it happens to be the firm at which Council member Wagner is employed, so it is
recommended he abstain from any votes on the project.
Couri explained both the Soccer Club and the City will have to put more towards
the improvements and staff will work out those figures with the Soccer Club.
Nafstad stated that the vacant building is considered a liability by the insurance
company. Hendrickson stated that even though it is a longer lease, the end result
will still be a positive one.
Nafstad reported on the STMA Ice Arena roof. He stated the proposed fix is a
larger dehumidification system and replacement of the insulation. The two don't
necessarily need to be done together, but regardless if they are done separately or
together, the fix is expensive. Vetsch stated the rink may not be meant for year
round ice.
Nafstad stated that September 30 is a fifth Monday of the month and it is
recommended St. Michael, Albertville and STMA School District hold a joint
meeting to discuss the ice arena roof.
Nafstad stated that if the Council wanted to move forward with iPads, they would be
purchased as City equipment. They would not purchase a monthly data plan, but
would go with Wi -Fi. Sorensen felt that would be sufficient. Hendrickson would
like to see insurance purchased for the iPads. Nafstad stated they will need to
determine some guidelines for the use of the iPads. The Council discussed a -mails
sent from the iPads and Couri addressed data practices standards. Council directed
staff to move forward with purchasing the iPads.
2). 2013 Improvements
Nafstad stated the projects had a slow start due to weather. The water main crossing
at County Road 18 has been completed. They have started Four Seasons trail. The
excess material from the street reclamation projects will be used as the base for the
County Road 18 trail. Nafstad stated he asked for a quote for reconstruction of the
Four Seasons Park parking lot and he suggested approving an amendment with
Omann Bros.
Motioned by Sorensen, seconded by Olson, to amend the 2013 Street Improvement
contract with Omann Bros. to include reconstruction of the Four Seasons Park
City Council Meeting Minutes Page 8
Regular Meeting of August 5, 2013
parking lot in the amount of $14,700. Ayes: Hendrickson, Olson, Sorensen, and
Vetsch. Nays: None. Absent. Wagner. MOTION DECLARED CARRIED.
3). Park Lot Seal Coat
Nafstad stated he solicited quotes for seal coating and striping of the City Hall and
Fire Hall parking lots. Olson inquired if the specs called for two coats of paint for
the striping as it fades quickly and Nafstad replied the specs asked for extra thick
paint. Olson asked staff to determine if it would be beneficial for the cost of the
Fire Hall portion to come out the Fire budget.
Motioned by Vetsch, seconded by Olson, to accept the low quote of Pearson Bros.,
Inc. in the amount of $19,158 for seal coating and striping of the City Hall and
Fire Hall parking lots. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays:
None. Absent. Wagner. MOTIONDECLARED CARRIED.
4). Silt Fencing
Vetsch asked staff to address damaged and old silt fences on properties within the
City.
Vetsch asked staff to work on publicizing projects that are going on in the City, such
as Fraser Steel. Sorensen suggested a write up of the Guardian Angels project also.
10. ANNOUNCEMENTS and /or UPCOMING MEETINGS
August 9
St. Michael Bowling Challenge, 5:30 p.m.
August 12
STMA Ice Arena Board, 6:00 p.m.
City Council Budget Workshop, 7:00 p.m.
August 13
Planning Commission, 7:00 p.m.
August 19
City Council, 7:00 p.m.
Budget Workshop to Immediately Follow
August 26
Joint Powers Water Board, 6:30 p.m.
Parks Committee, 8:00 p.m.
11. ADJOURN MEETING
Motioned by Olson, seconded by Sorensen, to adjourn the meeting at 9:35 p.m. Ayes:
Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent. Wagner. MOTION
DECLARED CARRIED.
Respectfully submitted,
I "� llz7'
Kimberly . Olson, Cit Jerk
City Council Meeting Minutes Page 9
Regular Meeting of August 5, 2013