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