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2013-12-16 CC MinutesNbertAlle &"N rte. Uvw.. ft ft tow ALBERTVILLE CITY COUNCIL Monday, December 16, 2013 ADOPTED 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 Present: Mayor Hendrickson and Council members Olson, Vetsch, and Wagner Absent: Council member Sorensen 7:00 PM Others Present: City Administrator -PWD Adam Nafstad, City Att6mey Michael Couri, Finance Director Tina Lannes, City Clerk Kimberly Olson, and Frank Kocon 3. RECOGNITIONS, PRESENTATIONS, INTRODUCTIONS A. Recognition of Planning Commissioner Frank Kocon Hendrickson presented Kocon with an appreciation plaque for his service to the Planning Commission. Nafstad described Kocon's dedication to the Planning Commission by visiting every site on the agenda prior to each meeting. Nafstad commended Kocon on the research he has done for past projects and for his work with the 2012 Visioning Study. Olson stated that Kocon made it easy for the other members of the Planning Commission to participate in the meetings and make informed decisions. Wagner stated Kocon has shown true leadership on the Commission and has left an important legacy. He hopes the remaining members will continue with Kocon's dedication and continue to research and visit sites prior to the meetings. Olson and Wagner stated it has been a real pleasure to serve with Kocon. 4. PUBLIC FORUM There was no one present to speak. 5. APPROVAL OF THE AGENDA Olson added Developer's Agreements as G1 under Legal. Page 1 Motioned by Vetsch, seconded by Olson, to approve the agenda as amended. Ayes: Hendrickson, Olson, Vetsch, and Wagner. Nays: None. Absent: Sorensen. 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 December 2, 2013 Truth -in- Taxation meeting minutes as presented B. Approve the December 2, 2013 regular City Council meeting minutes as presented C. Authorize the Monday, December 16, 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 Vetsch asked the Council to make two motions on the consent agenda as he would like to abstain from voting on items A and B since he was absent from the last meeting. Motioned by Olson, seconded by Wagner, to approve Consent Agenda Items and B. Ayes: Hendrickson, Olson, and Wagner. Nays: None. Abstain: Vetsch. Absent. Sorensen. MOTION DECLARED CARRIED. Motioned by Vetsch, seconded by Hendrickson, to approve Consent Agenda Item C. Ayes: Hendrickson, Olson, Vetsch, and Wagner. Nays: None. Absent: Sorensen. MOTION DECLARED CARRIED. 7. PUBLIC HEARING — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STRIA Arena, Planning, Parks, Fire Board, JPWB, etc.) Planning Commission Wagner reported the Planning Commission reviewed the Hunter's Pass 2nd Addition. They also reviewed possible language for dealing with food trucks within the City, specifically the manner in which licenses will be issued and the proximity to existing restaurants. The Commission discussed refining the ordinance language for home occupations. Staff had found that many existing home occupations, such as daycare, in the City have not been licensed. All these items will have public hearings at the January Planning Commission meeting. City Council Meeting Minutes Page 2 Regular Meeting of December 16, 2013 STMA Ice Arena Board Wagner reported the board discussed the roof improvements and whether to use a general contractor versus a construction manager. Nafstad reported they are looking to bid the project as three separate projects rather than one project since it will involve three different trades. Nafstad reported that using a construction manager would keep costs lower. He reported the School District has approved the cost share agreement for the project and the City Council will be seeing it in January. B. Finance 1). Enterprise Lannes presented the enterprise budgets to the Council. She stated they were still in the negative, but improving steadily with the fee increases passes last year. The recycling fund is supporting itself and has a balance of $8,000. The Council will need to decide at some point how and when they would like to utilize the recycling surplus. Vetsch inquired about cleaning of the holding ponds. Nafstad stated that currently the City is not required to have a set timeline for dredging the ponds, but that could change if the City becomes an MS4 city. There is also the matter of disposing of the material which needs to go to a special type of landfill. Lannes stated there was no action needed for this item. C. City Clerk -None D. Public Works and Engineering - None E. Planning 1). 2014 Planning Commission Appointments Nafstad reported the Planning Commission received two letters of interest and conducted interviews at their December 10 meeting. Their recommendation was to appoint Mark Barthel to the Commission. However, he stated staff received another letter of interest in the mail today. Wagner inquired if the letter could be kept on file in case there are any vacancies in the next year. Council was comfortable with the Planning Commission's recommendation and directed staff to keep the letters of those not appointed on file for the next year. Motioned by Wagner, seconded by Hendrickson, to appoint Mark Barthel to the Planning Commission for a term beginning January 1, 2014 and expiring December 31, 2016. Ayes: Hendrickson, Olson, Vetsch, and Wagner. Nays: None. Absent. Sorensen. MOTIONDECLARED CARRIED. Nafstad reported that Dale Edgren's term is up for the Planning Commission. Hendrickson asked about his attendance and participation on the Commission. Wagner stated he attends the meetings regularly and brings perspective to the group. Wagner stated he is comfortable reappointing Edgren to another term. City Council Meeting Minutes Page 3 Regular Meeting of December 16, 2013 Motioned by Wagner, seconded by Olson, to reappoint Dale Edgren to the Planning Commission for a term beginning January 1, 2014 and expiring December 31, 2016. Ayes: Hendrickson, Olson, Vetsch, and Wagner. Nays: None. Absent: Sorensen. MOTION DECLARED CARRIED. F. Building — None G. Legal 1). Developer's Agreements Olson inquired of the attorney how, or if, the City can be involved in developer's agreements. He stated his concern is a stipulation in an agreement that allowing one restaurant and then prohibiting another restaurant serving similar food from doing business in that development. For example, if a pizza place has an agreement with the developer for their space, then no other pizza place could do business in that shopping/strip mall. Couri replied that it is normally a private do- not - compete agreement between the developer and the tenant. Olson stated his concern that if the first restaurant offers an expansive menu, it could preclude many other types of dining from locating in the development. Court replied that the City can make stipulations during the PUD process, but generally hasn't done that. He stated it is also hard to anticipate what the market will bring in terms of tenants and often if there are restrictions in place, cities would most likely not keep the restrictions in order to retain a new business in the community. H. Administration 1). Darkenwald Lot Split Agreement Nafstad reported Darkenwald Holdings, Ltd. is seeking a subdivision of an 82.28 acre lot into two lots. Parcel A would be 17.66 acres and Parcel B would be 64.62 acres. The proposed agreement between the City and Darkenwald is needed to ensure that the land is platted and developed according to the City's process and standard requirements. Vetsch was concerned with what would be done with the property and wants to make sure the City addresses future road, drainage and overall site issues. Nafstad replied the agreement would ensure that any development plans would need to go through the entire zoning process and fit within the City's requirements. Couri stated the property meets the lot split requirements and the agreement is just documenting what the property owner is entitled to while allowing the City to make sure the property is platted and developed according to standards. The lot will remain unbuildable until platted. Lannes stated that there are special assessments on the lot and that will need to be addressed in the agreement. Couri suggested the following language be incorporated into the agreement and then sent to Darkenwald Holdings, Ltd.: City Council Meeting Minutes Page 4 Regular Meeting of December 16, 2013 " Darkenwald requests the City to prorate all outstanding special assessments between the Parcel A and the Parcel B in proportion to the square footage in each parcel. Such reapportionment shall not alter the interest rate, payment duration, or deferral status of any such reapportionment. Upon platting of either the Parcel A or the Parcel B, all outstanding special assessments on both lots which are deferred shall become active in accordance with the original resolution imposing such assessments." Council agreed with the added language. Motioned by Hendrickson, seconded by Wagner, to approve the Lot Split Agreement between the City of Albertville and Darkenwald Holdings, Ltd as amended Ayes: Hendrickson, Olson, Vetsch, and Wagner. Nays: None. Absent: Sorensen. MOTION DECLARED CARRIED. 2). City Administrator's Update Nafstad reported the League is offering a compromise settlement to the four properties that filed claims against the City for the flooding that occurred on June 23, 2013. The League is requesting the property owners who filed claims submit documentation of the costs they incurred. Nafstad stated there is a Corridors of Commerce Appreciation Event on Wednesday, December 18 in Rogers to celebrate the dedicated funding for the I -94 lane expansion from Rogers to St. Michael. Nafstad and Hendrickson stated they would attend the event. Nafstad reported that Wright County and the City of Otsego will be seeking federal funds for the CSAH 19 and 70th Street NE intersection project plus the 70th Street NE project. They will be looking for a resolution of support from the Albertville City Council and that will be presented in January. 10. ANNOUNCEMENTS and /or UPCOMING MEETINGS December 23 Joint Powers Water Board, CANCELLED December 24 Christmas Eve, City Offices Close at 12:00 N n December 25 Christmas Day, City Offices Closed January 1 New Year's Day, City Offices Closed January 6 City Council, 7:00 p.m. ti January 13 STMA Ice Arena Board, 6:00 p.m. January 14 Planning Commission, 7:00 p.m. January 20 Martin Luther King, Jr. Day, City Off. s Closed January 21 City Council, 7:00 p.m. January 27 Joint Powers Water Board, 6:30 p.m. ; Parks Committee, 8:00 p.m. j City Council Meeting Minutes Page 5 Regular Meeting of December 16, 2013 } 11. ADJOURN MEETING Motioned by Olson, seconded by Hendrickson, to adjourn the meeting at 8:08 p.m. Ayes: Hendrickson, Olson, Vetsch and Wagner. Nays: None. Absent: Sorensen. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly A lson, City Jerk i i City Council Meeting Minutes Page 6 Regular Meeting of December 16, 2013