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2014-02-03 CC MinutesA,lbertville ALBERTVILLE CITY COUNCIL February 3, 2014 ADOPTED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE Acting Mayor Vetsch called the meeting to order at 7:00 p.m. 2. ROLL CALL 7:00 PM Present: Acting Mayor Vetsch and Council members Olson, Sorensen, and Wagner Absent: Mayor Hendrickson Others Present: City Administrator -PWD Adam Nafstad, City Attorney Mike Couri, City Planner Alan Brixius, Finance Director Tina Lannes, Water /Wastewater Supervisor John Middendorf, City Clerk Olson, and Nathan Jones. 3. RECOGNITIONS, PRESENTATIONS, INTRODUCTIONS - None 4. PUBLIC FORUM There was no one present to speak. 5. APPROVAL OF THE AGENDA Brixius requested Item C1, Hunters Pass 2 "d Addition Preliminary Plat, Final Plat, and PUD be moved to immediately follow the public hearing for the Hunters Pass 2nd Addition Utility and Drainage Easements. Motioned by Wagner, seconded by Olson, to approve the agenda as amended. Ayes: Peach, Olson, Sorensen, and Wagner. Nays: None. Absent: Hendrickson. MOTION DECLARED 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 January 21, 2014 regular City Council meeting minutes as presented Page 1 B. Authorize the Monday, February 3, 2014 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 annual permit renewal for Consumption and Display of liquor for the City Hall building located at 5959 Main Avenue NE for the period of April 1, 2014 through March 31, 2015 D. Adopt Resolution No. 2014 -004 titled Resolution Regarding the Administration of the Minnesota Wetland Conservation Act Motioned by Sorensen, seconded by Wagner, to approve the Consent Agenda. Ayes: Vetsch, Olson, Sorensen, and Wagner. Nays: None. Absent. Hendrickson. MOTIONDECLARED CARRIED. 7. PUBLIC HEARING A. Hunters Pass 2nd Addition Drainage and Utility Easement Vacation Brixius stated they approved a coved subdivision in 2005 for the Hunters Pass Estates development. Phase I of the development included 63 single family lots and Tollberg Homes is now proposing to develop 12 additional lots. Phase II adheres to the standards of the original plat, but requests reduced rear yard setbacks to implement a wetland buffer zone. The Planning Commission recommended approval of the plats and PUD, but required the lot setbacks recommended by the City Engineer be a condition of approval. The developer will be required to provide signage for the wetland buffer. Staff identified that 70th Street NE will become a fairly heavily travelled street and a revised landscape plan was requested to address screening. The development will require park dedication payments and the developer has asked to pay those in installments. They propose to pay for four (4) lots at a time and prior to any issuance of building permits or title transfer, the installment for the next four (4) would be due. Brixius stated that the Letter of Credit from the developer's bank would also help to secure payment of the park dedication fees. Staff indicated the applicant will bring the properties into the Home Owners Association and By -Laws in Phase I at final plat. Motioned by Olson, seconded by Wagner, to open the public hearing. Ayes: Yetsch, Olson, Sorensen, and Yetsch. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Court reported the easements will be over Outlot C. He stated the easements would be lifted and reapplied at the time of final plat. There would be no time where there would not be an easement in place. There was no public comment. Motioned by Olson, seconded by Sorensen, to close the public hearing. Ayes: Vetsch, Olson, Sorensen, and Wagner. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. City Council Meeting Minutes Page 2 Regular Meeting of February 3, 2014 Vetsch was concerned about some of the lots being narrow. Brixius replied that on those lots, the side and rear yard setbacks are standard with only the front yard setback as a variable. Couri reviewed the Developer's Agreement. He stated that construction of On and Off site improvements must be completed by October 31, 2014. He stated they would have standard terms for the developer's Letter of Credit from an FDIC insured bank no less than 100 miles from Albertville. Couri felt it would be preferable to collect the park dedication fees upfront to help rather than in installments and would prevent having to go to the future homeowner to collect those fees. Nathan Jones, Tollberg Homes, stated the new homes are on board to join the existing homeowner's association. Tollberg's Letter of Credit will be issued by the First National Bank of Elk River. Jones reported development has changed over the last few years and it is difficult to get outside funding. Their request to pay the park dedication fees as development progresses will help their upfront costs and help the project get started. He added that the fees would be covered by the Letter of Credit and they are open to options regarding the park dedication fees. Nafstad inquired if a sunset date could be identified for them to pay the park dedication fees. He stated that he could see this asked by other developers in the future. Couri reported that if it is granted for Tollberg, the City is not required to provide it for future developers. However, he recommended it be part of the Letter of Credit as well as setting a sunset by which payment must be made. Vetsch inquired if they could use an assessment on the properties. Couri stated they could assess the properties with a defined payment date, and this would ensure the City's fees are paid. Ultimately, when the property title changes hands, a special assessment search is normally conducted and the fees paid at that time. Court stated that park dedication fees are not usually checked against the Letter of Credit. Wagner did not want to see a scenario where a homeowner would be forced to pay the park dedication fees and didn't feel that would be a very attractive selling point. Jones stated their motivation was to reduce their development loan. If it were an assessment, he felt they could pay off the special assessment when they take out the construction loan to build the house and would avoid the homeowner issue. Vetsch inquired how long they estimate it will take for this addition. Jones replied that it should take about a year and a half. Vetsch inquired what type of home they are proposing. Jones replied that the homes would be two - stories around 2,300 -2,400 square feet. Brixius stated the development agreement could offer two options for the park dedication fees: pay the amount in full up front or place a special assessment on the properties. Brixius stated that with such a short time frame for development, the assessments should be for a fairly short timeframe. Lannes stated they could also pre -pay on the assessments City Council Meeting Minutes Page 3 Regular Meeting of February 3, 2014 when they obtain the construction loans. Wagner stated he did not have issue with the assessments /payments from the construction loan if it is a viable option for the developer. Couri stated this could be viewed as a one -time incentive and could be explained in that manner to any future developer. Couri suggested that the park dedication fee of $3,300 per lot be assessed to all lots and then as the developer comes in with their construction loan, they pay down the special assessment on each lot. Lannes felt this would be the cleanest way to handle this situation. Motioned by Wagner, seconded by Sorensen, to adopt Resolution No. 2014 -005 approving the Preliminary Plat, Final Plat, and Planned Unit Development Amendment for Hunters Pass Estates 2"d Addition with recommended changes to be drafted by the City Attorney. Ayes: Vetsch, Olson, Sorensen, and Wagner. Nays: None. Absent: Hendrickson. MOTIONDECLARED CARRIED. Motioned by Wagner, seconded by Olson, to adopt Resolution No. 2014 -006 vacating all Easements within Outlot C of Hunters Pass Estates within the City of Albertville. Ayes: Vetsch, Olson, Sorensen, and Wagner. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Arena, Planning, Parks, Fire Board, JPWB, etc) Nafstad reported the February Planning Commission meeting has been cancelled. The Fire Board will be meeting at the end of February. B. Public Works and Engineering 1). Utility Report — 2013 Year in Review Middendorf gave a brief update of the Water /Wastewater Department's activities. Middendorf spoke about utility locate requests and the large volume they process through the department. Middendorf stated it has been a very busy winter in addition to the snow plowing routes they assist with. Vetsch was concerned with the amount of work hours during the weekend that detracts from family time and stated that routine can be very tiring for employees. 2). 57th Street NE and Church of St. Albert Parking Lot Improvements Nafstad reported the projects are coordinated to help reduce costs. He is currently in negotiations with the Church for right -of -way acquisition and they are close to an agreement. The cost of the acquisition will be deducted from the Church's share of project costs. The Church is in support of the concept. Vetsch was concerned with the proposed three (3) accesses off of Lander Avenue NE. Nafstad reported the accesses were lined up with the drive lanes in the parking City Council Meeting Minutes Page 4 Regular Meeting of February 3, 2014 lot. He felt that three (3) accesses on Lander Avenue NE would be more beneficial than two (2 accesses on 57th Street NE and there will be on- street parking on both sides of 57 Street NE. Motioned by Sorensen, seconded by Olson, to approve the January 20, 2014 proposal from Bolton and Men k, Inc. for preparation of plans and specifications of the 57th Street NE and the Church of St. Albert's Parking Improvements at an hourly not to exceed fee of $58,000. Ayes: Vetsch, Olson, Sorensen, and Wagner. Nays: None. Absent: Hendrickson. MOTIONDECLARED CARRIED. C. Planning/Zoning — CONTINUED 1). Mobile Food Unit Licensing and Regulation Brixius stated they have received several requests for mobile food trucks to sell food within the City. Though they had been licensed as either temporary seasonal sales or as a transient merchant, there are no regulations that specifically apply to food trucks in the City ordinance. There is also the concern what impact the food trucks will have on established restaurants in the City. The Planning Commission recommended approval of the the proposed ordinance in a 3 -1 vote. Support was based on an increase in opportunities for dining and possibly having a food truck located in the City as an established business. The descending vote was concerned with the impact on the brick and mortar dining establishments. Brixius explained the definitions they assigned to food truck as well as ice cream trucks. He showed a diagram of the location of all food establishments within in the City. Several of the proposed requirements for a food truck would include proof of licensure by the MN Health Department and they must operate in the commercial, industrial and public /institutional districts. The hours of operation would be restricted from 10:00 p.m. to 8:00 a.m. to help abate nuisance complaints. Applicants would have to operate at least 200 feet from an existing food establishment and this would be measured from the existing building (not property line) to the mobile food unit. Staff suggested ice cream trucks be exempted to be able to operate in all zoning districts as they sell pre - packaged goods and would fall under less regulations. Vetsch expressed concerns about charitable events as well as Albertville Friendly City Days having to receive a permit. Brixius stated they could make an exception to the ordinance. Sorensen inquired about fees and Clerk Olson explained the fee would be nominal and similar to the transient/peddler fees. Brixius stated they would like the licensing process to be simple for staff to utilize. He stated there is a requirement on the part of the applicant to provide sufficient information needed to process the license. Nafstad inquired if gas stations and the Outlet Mall should also have the 200 foot buffer. Brixius stated that the buffer is in place to allow restaurants to compete in an equitable fashion; however, a restaurant can grant a food truck permission to set up in their parking lot if they so choose. Sorensen was not inclined to include gas City Council Meeting Minutes Page 5 Regular Meeting of February 3, 2014 stations. Nafstad had concerns about the food trucks setting up on weekends and being gone by the time staff could see if they are in violation of the regulations. Couri suggested they may want to consider exempting the Farmers Market; Brixius stated there is room at Central Park to meet the 200 foot buffer requirements from the restaurants along Main Avenue NE. He stated that if there is someone in the park not associated with the Farmers Market and working for profit, he would suggest the requirement for them. Sorensen was not in favor of regulating the Farmers Market with this ordinance and would like to see charitable groups exempted. Brixius suggested he come back at the next meeting with the recommended changes given by Council. Motioned by Sorensen, seconded by Wagner, to table the ordinance amendment to the next regularly scheduled meeting on Tuesday, February 18, 2014. Ayes: Vetsch, Olson, Sorensen, and Wagner. Nays: None. Absent. Hendrickson. MOTION DECLARED CARRIED. 2). Home Occupations Text Amendment Olson stated that he will abstain from the discussion and vote due to current daycare in his home. Brixius stated they received a complaint regarding a home daycare and upon researching the complaint, staff found that many of the home daycares within Albertville have not obtained a home occupation permit per the City Code. However, these daycares are regulated and licensed through Wright County. The proposed ordinance is a text amendment to allow home daycares serving 14 or fewer children as a permitted accessory use in all residential districts. A special use permit would be required if serving more than 14 children, employing additional staff, or bringing in additional equipment. Staff suggested changing this special home occupation to administrative permit, eliminating the escrow required and reducing the fee to $30. This move would streamline work for staff and take home occupations from a permitting process to an enforcement process. Motioned by Wagner, seconded by Sorensen, to adopt Ordinance No. 2014 -03 amending Appendix A, Zoning Ordinance of the Albertville City Code related to changes to Section 200.2, Definitions; Chapter 1600, Home Occupations, Chapter 3100, A -1 Agricultural District Accessory Uses; Chapter 3200, A -2 Agricultural Transitional DistrictAcce4ssory Uses; and Chapter 3250, R -IA Residential Low Density Single Family District Permitted Uses. Ayes: Vetsch, Sorensen, and Wagner. Nays: None. Abstain: Olson. Absent: Hendrickson. MOTION DECLARED CARRIED. 3). Goals and Priorities Brixius outlined initiatives identified by the Planning Commission. He stated that a lot of goals outlined in the 2012 Vision Study in the last two (2) years have been realized. Brixius stated he was looking for discussion on upcoming goals and City Council Meeting Minutes Page 6 Regular Meeting of February 3, 2014 priorities for the City and asked the Council to come back at the next meeting with some ideas. Council discussed some initiatives as business retention, senior one- level living, and pedestrian crossings near the Outlet Mall. Motioned by Sorensen, seconded by Olson, to table the topic to the next meeting. Ayes: Vetsch, Olson, Sorensen, and Wagner. Nays: None. Absent: Hendrickson. MOTIONDECLARED CARRIED. D. Finance 1). Albertville Fire Department Annual Retirement Benefit Lannes stated that annually the Albertville Fire Department receives the same cost of living as other City employees; however, they choose to put that money toward their Fire Relief pension rather than their hourly rate of pay. She stated it would be an additional $12,000 - 15,000 increase. Vetsch was concerned about the total liability to the City if there should be a large number of members retiring at the same time. Sorensen didn't see a great likelihood they would see that occur. Lannes stated that the liability lies with the State unless the pension falls below 80% funded and they are meeting that requirement right now. Vetsch would like to see the financials regarding the pension at the next meeting and Lannes stated she would provide them at that time. Motioned by Sorensen, seconded by Wagner, to approve Resolution No. 2014 -007 amending the Annual Retirement Benefit for the Albertville Fire Department effective January 1, 2014. Ayes: Vetsch, Olson, Sorensen, and Wagner. Nays: None. Absent. Hendrickson. MOTIONDECLARED CARRIED. E. City Clerk 1). Set Local Board of Appeals and Equalization for April 23, 2014 Motioned by Vetsch, seconded by Sorensen, to set the Local Board of Appeals and Equalization meeting for April 23, 2014 at 5:30 p.m. in the City Council Chambers. Ayes: Vetsch, Olson, Sorensen, and Wagner. Nays: None. Absent: Hendrickson. MOTIONDECLARED CARRIED. 2). Voting Precincts Clerk Olson reported that staff has identified the need to address the size of the City's precinct and stated it is larger than the MN Secretary of State's recommendation for number of registered voters for one precinct. Issues of concern that prompted the discussion include the demand on election judges, inadequate parking, crowded conditions, slower results totals, and the possibility for increased errors. She stated that she has met with Wright County to determine the appropriate actions to take if the precinct were changed. The County recommended that the Elk River School District be kept in one precinct to eliminate the need for multiple ballot styles in both precincts. Staff included a proposed boundary line if the Council were to choose to split the current precinct. Council had requested all options be presented regarding the polling location. Clerk Olson stated they could move the precinct to a larger facility or split the precinct into two (2) . She outlined City Council Meeting Minutes Page 7 Regular Meeting of February 3, 2014 the additional costs for both options. She indicated that staff did not feel it is an option to keep the precinct as is. Nafstad referenced the report from the Secretary of State and Clerk Olson stated that the State had pulled together information on cities approximately the same size as Albertville and it is very telling that Albertville is the only city with a single precinct for that population size. Council inquired about the other large precincts in Wright County and Clerk Olson stated there are only about three or four larger precincts and all are in larger facilities. Sorensen stated that he is reluctant to support it because of expenses and felt it hard to justify since elections are every four (4) years. He stated that he has not received any complaints about elections. Lannes reported on the closing procedures after the doors close on Election Day and the toll it takes on the election judges. She stated the addition of equipment and/or precincts was brought up in the 2010 redistricting and capital has been put aside for this since then. Vetsch stated he would not oppose splitting the precincts. Olson stated that he could support either option if it would relieve the parking issues on Election Day. Wagner stated he did not feel strongly either way. Vetsch stated that it is important the election process works smoothly for staff and election judges and doesn't discourage voters. Staff stated that no action is required at this time and will bring a recommended action forward to Council at the March 3, 2014 meeting. F. Legal — None G. Building -None H. Administration 1). School Funding Letter Nafstad stated the Elk River School District is supportive of the editorial letter and the City of St. Michael has endorsed it. Motioned by Olson, seconded by Vetsch, to endorse the editorial prepared by the STMA School Board for publication in the Star Tribune and titled. In Education, Kids are Not Treated Equally': Ayes: Vetsch, Olson, Sorensen, and Wagner. Nays: None. Absent: Hendrickson. MOTIONDECLARED CARRIED. 2). City Administrator's Update Nafstad stated he, Hendrickson, and Olson attended the State of the Cities and reported Albertville is doing comparatively well. 10. ANNOUNCEMENTS and /or UPCOMING MEETINGS February 10 STMA Ice Arena Board, 6:00 p.m. February 17 Presidents' Day, City Offices Closed City Council Meeting Minutes Page 8 Regular Meeting of February 3, 2014 February 18 City Council, 7:00 p.m. February 24 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. (Moved from Jan. 27) March 3 City Council, 7:00 p.m. March 10 STMA Ice Arena Board, 6:00 p.m. March 11 Planning Commission, 7:00 p.m. March 17 City Council, 7:00 p.m. March 24 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. 11. ADJOURN MEETING Motioned by Sorensen, seconded by Olson, to adjourn the meeting at 9:32 p.m. Ayes: Vetsch, Olson, Sorensen, and Wagner. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Respectfu ly submitted, Page 9