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2015-06-15 City Council MinutesA,lb-crtville s.-MT -1"'WwC*gW- ALBERTVILLE CITY COUNCIL Monday, June 15, 2015 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:04 p.m. 2. ROLL CALL 7:00 PM Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch Absent: None Others Present: City Administrator -PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, and City Clerk Kimberly Olson 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS George Finn and Jodi Pedersen were present at the meeting to introduce themselves to the City Council. They explained they are renovating the old Patty J's Cafe, located at 5262 Kyler Avenue NE, Suite #111, and will be starting Prairie Run Cafe out of the location. They are working on renovations and signage for the property and hope to open around August. Council welcomed them to Albertville and wished them success in their new business. 4. PUBLIC FORUM — (time reserved 5 minutes) There was no one present to speak. 5. AMENDMENTS TO THE AGENDA Nafstad asked for City Clerk items 1 and 2 be moved prior to the Planning items. Nafstad added Oldcastle Public Hearing as item 6 under Planning/Legal. Motioned by Olson, seconded by Hendrickson, to approve the Agenda as amended Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Page 1 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 June 1, 2015 regular City Council meeting minutes as presented B. Authorize the Monday, June 15, 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 resurfacing the tennis and basketball courts at Linwood Park for $10,744 Motioned by Hudson, seconded by Sorensen, to approve the Consent Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS - See Item 8B (6) 8. DEPARTMENT BUSINESS A. City Clerk 1). Liquor License for El Bamba, 5986 Main Avenue NE Clerk Olson reported that the applicant, Dilque Zea, has submitted an application for a 3.2% Malt Liquor License and Wine License for El Bamba restaurant, located at 5986 Main Avenue NE. He wishes to serve liquor on the outdoor premises of the restaurant. Clerk Olson reported that in order to hold a Wine License, MN State Statute requires seating for at least 25 patrons. In speaking with the MN Alcohol and Gambling Enforcement Division, staff learned the State would recommend denial of the Wine License if the State Inspector found there was not seating for at least 25 patrons year round. It was also noted that there are fencing requirements in the Albertville City Code for sale of intoxicating liquor (anything above 3.2% alcohol). The applicant is planning to meet with staff and the City's Building Official to see if there is a way for him to meet the City Code requirements. If so, the applicant will apply for the Wine License at the next City Council meeting. Sorensen stated that he would like to provide every opportunity for local businesses to succeed. Motioned by Sorensen, seconded by Hudson, to approve a 3.2% Malt Liquor Licenses for El Bamba restaurant, 5986 Main Avenue NE contingent upon payment of liquor license fees, proof of liquor liability insurance, successful background check, and compliance with Temporary Certificate of Occupancy. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. City Council Meeting Minutes Page 2 Regular Meeting of June 15, 2015 2). Set July 20, 2015 Workshop Nafstad reported the workshop would be on the City's long term Capital Improvement Plan. Motioned by Hendrickson, seconded by Hudson, to set a workshop meeting on July 20, 2015 6:30 p.m. in the Council Chambers to discuss the City's Capital Improvement Plan. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIOA DECLARED CARRIED. B. Planning/Legal — Oldcastle BuildingEnvelope, Inc. Items 1). Oldcastle BuildingEnvelope, Inc. Site Plan, Building Plan, and Conditional Use Permit Brixius reported that Oldcastle BuildingEnvelope, Inc. ( Oldcastle) has a need for expansion and the City has offered a City -owned lot on which to build the expansion. He explained that Scannell Properties #227 LLC (Scannell) would construct the industrial building on the lot and lease it to Oldcastle. Scannell is requesting a Conditional Use Permit (CUP) to allow for deferred parking. Brixius stated the expansion is consistent with the Comprehensive Plan and Oldcastle operations are allowed with the I -1 Limited Industrial zoning of the lot. The Planning Commission reviewed the site and building plans at their last meeting. The applicant requested screening of the trash enclosures with landscape rather than a structural enclosure and the Planning Commission was agreeable to the change. The applicant is also requesting the CUP to reduce the parking stalls from 62 to 31 and has indicated that is sufficient parking for the site. The applicant would like to allow truck and trailer parking on the west side of the building and is permitted in the zoning district. Brixius stated that trailer parking stalls must be striped in the lot and will be exclusive to that use. The Planning Commission held a public hearing for the expansion and recommended approval to the City Council. Brixius outlined the design of the new building and reported that Oldcastle will implement some of their glass into the designs. Dan Salzer, Scannell, thanked staff for their work on the project. 2). Oldcastle Tax Increment Financing Tammy Omdahl, Northland Securities, Inc., spoke to the Tax Increment Financing (TIF) establishment for the expansion project. She stated the TIF would allow the City to capture the increase in the local property tax from the proposed improvements. The district would run for nine years. The City would provide the lot for $1, cover SAC /WAC costs, and other improvements and the captured funds would repay the City. It is dependent on the valuation assigned by the County and staff has spoken with their office. She indicated the City would be reimbursed in full. 3). Purchase and Development Contract Couri gave a review of the purchase and development contract and indicated there are some minor changes to the document from what was included in the Council packet. He stated that in exchange for the lot for $1, Scannell is agreeing to build the building. He stated that the difference in taxes from a vacant lot to a built upon industrial lot will be captured and will include the City, County, and City Council Meeting Minutes Page 3 Regular Meeting of June 15, 2015 School District taxes. He stated that the City will be paid for the land and the assessments on the property. The Agreement involves all three parties: City of Albertville, Scannell Properties #227 LLC, and Oldcastle BuildingEnvelope. Couri reported the building will be built by January 2016 and if it is not, the City may repossess the property and that is the City's security of an improved lot. The amount of captured tax is dependent on the valuation placed on the building and there is a minimum assessment agreement that the City Assessor will not value the building any less than $50 per square foot. 4). Interfund Loan Court reported that the interfund loan is needed for accounting purposes and stated that the loan will be paid back by TIF. 5). Release of 1979 Developer's Agreement Couri reported that Scannell would like the original development agreement released on the lot. He saw no reason the agreement cannot be released and stated the agreement is no longer enforceable. 6). Public Hearing Hudson inquired how the City came to own the vacant, industrial lots. Court explained the lots were donated to the City and the owners received a tax write off. The City was then responsible for sewer and road improvements and the improvements were made for future businesses looking for shovel ready lots or the expansion of a current business in that area. He stated that having 52nd Street NE in place created available industrial lots the City now has. Hudson inquired about a comment that TIF is necessary for industrial development. Couri stated his opinion that TIF is a time shifter. He stated that eventually the lots will be developed, but the use of TIF brings development faster as developers can receive TIF in surrounding communities. Hudson inquired what determines what developments are offered TIF. Court responded the Legislature has limited TIF to industry and they cannot do commercial developments. Nafstad added the City's vision study and goals also play a part, as TIF is a tool that can assist with some of the industrial and housing goals. He stated that senior housing has been a long time goal and without TIF Guardian Angels and the Cottages likely would not have been possible. Hendrickson stated that a part of it is to retain current businesses. Vetsch inquired if the valuation placed by the Assessor is lower than $50 per square foot. Couri replied the assessor has agreed to a valuation no lower than the $50 /square foot, but if the valuation is above $50 /square foot, Scannell may appeal the valuation during the Local Board of Appeals and Equalization process, but the agreement will not allow them to appeal anything lower than $50 /square foot. Motioned by Sorensen, seconded by Hendrickson, to open the public hearing regarding Mod�ing the Development Program for Municipal Development District No. and Establishing Tax Increment Financing (Economic Development) District No. 17 Therein, and Approving a Tax Increment Financing Plan Therefore. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTIONED DECLARED CARRIED. City Council Meeting Minutes Page 4 Regular Meeting of June 15, 2015 Hudson stated that he had previously voted against a TIF project and explained that it was because he was not a big supporter of subsidizing businesses. However, with review of the materials, he is planning to vote in favor of this project. Motioned by Hendrickson, seconded by Sorensen, to close the public hearing. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONED DECLARED CARRIED. Motioned by Vetsch, seconded by Sorensen, to adopt Resolution Number 2015 -024 Approving a Site Plan, Building Plan, and Conditional Use Permit for Deferred Parking for Scannell Properties #227 Located at Lot 1, Block 2, Barthel Industrial Park 2nd Addition within the City of Albertville. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONED DECLARED CARRIED. Motioned by Vetsch, seconded by Sorensen, to approve Resolution 2015 -025 Modifying the Development Program for Municipal Development District No. and Establishing Tax Increment Financing (Economic Development) District No. 17 Therein, and Approving a Tax Increment Financing Plan Therefore. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONED DECLARED CARRIED. Motioned by Hendrickson, seconded by Sorensen, to approve Resolution 2015 -026 Approving Purchase and Development Contract Between the City of Albertville, Scannell Properties #227, and Oldcastle BuildingEnvelope, Inc. and Approving the Business Subsidy Agreement and Conveyance of Land Contained Therein. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTIONED DECLARED CARRIED. Motioned by Olson, seconded by Sorensen, to approve Resolution 2015- 027Authorizing Interfund Loan for Advance of Certain Costs in Connection with Tax Increment Financing District No. 17. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONED DECLARED CARRIED. Motioned by Hendrickson, seconded by Olson, to release the 1979 Developer's Agreement Between the City of Albertville and Barthel Homes, Inc, Recorded as Document No. 342276 at the Wright County Recorder's Office Related to the Development of Barthel Industrial Park. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONED DECLARED CARRIED. C. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Arena Hudson reported that they will not meet until fall. Fire Sorensen reported a Firefighter resigned due to a job move during the business meeting. The Fire Department has been busy preparing for the Department's Open House during Friendly City Days City Council Meeting Minutes Page 5 Regular Meeting of June 15, 2015 and it was well attended. He state the Fire Board meeting was rescheduled from late June to early July. FYCC Lannes reported the monthly meeting has been changed to the last week of the month to coordinate with the School District. D. Planning/Zoning 1). City Code Amendments Relating to Planning Commission and Parks Committee Brixius reported staff reviewed the City Code regarding the Planning Commission due to concerns of attendance by the commission members at the meetings. Proposed changes to the ordinance provide for excused absences for reasons of work, out of town trips, illness or other justifiable reasons. The commissioner must provide notice of absence from a meeting four days in advance of a meeting date. If absences are frequent or the commissioner misses more than three to four meetings per year (25 -33% of meetings), it may be grounds for removal from the commission. This was discussed at the last Planning Commission meeting and recommended approval. Couri suggested that under 2 -2 -2 C.2.b of the ordinance be amended to state that a commissioner exceeding the allowed absences may be replaced by a majority vote of the City Council. Brixius reported the other amendment is to establish the Parks Committee in the City Code similar to the Planning Commission. Clerk Olson highlighted that the ordinance as presented removes one of the two City Council appointees from the Committee and adds a fifth citizen member to Parks Committee. Motioned by Hendrickson, seconded by Olson, to adopt Ordinance No. 201 5 -04 Amending Title 2 Boards and Commissions, Chapter 2 Planning Commission with amendments. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. Motioned by Hendrickson, seconded by Hudson, to adopt Ordinance No. 201 5 -05 Amending Title 2 Boards and Commission, Establishing Chapter 3, Parks Committee. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. Motioned by Hudson, seconded by Olson, to have Vetsch as the City Council appointee to the Parks Committee and appoint Hudson as an alternate. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONDECLARED CARRIED. 2). Central Park Master Plan Amendments Brixius reported this was originally approved in 2012, and since that time, the Park Committee has requested some adjustments to the plan. He stated they recommended moving the main entrance to the center of the park rather than closer to the railroad tracks, vehicle access, pedestrian midway, service drive around the caboose, a hard surface plaza, and sidewalks ad path connections to the depot and caboose. The changes have been discussed with the Albertville Lions Club. City Council Meeting Minutes Page 6 Regular Meeting of June 15, 2015 Hendrickson had concerns about the Main Avenue NE entrance will not be viewable by those driving south on Main Avenue NE and Brixius stated there may be a way to allow that view. Olson inquired about the costs for the stage and depot. Nafstad replied no cost analysis has been done. Brixius stated the Lions Club will drive some of the improvements and cited they have already brought the caboose into Central Park. Sorensen stated that the Lions are not requesting funds from the City. Motioned by Hendrickson, seconded by Vetsch, to adopt Resolution No. 201 5 -028 Central Park Master Plan Park Amendments. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONDECLARED CARRIED. E. Public Works/Engineering — None F. Fire — None G. Finance — None H. Building —None I. Administration 1). Update from Wright County Commissioner Michael Potter Potter stated he went to Washington D.C. for the second time and made some good connections during the trip. He highlighted some of the items the Wright County Board has been reviewing. He thanked the City Council for approving the Oldcastle expansion. 2). Administrative Assistant/Building Permit Technician Position Nafstad reported that they will be hiring a temporary employee to fill in the position until a replacement can be hired. Vetsch inquired if staff has evaluated the position and job description. Nafstad replied that the Building Permit Technician qualification in no longer a requirement but a preferred qualification and the pay scale has been adjusted for a lower starting wage for a should the selected candidate not have the certification. Motioned by Sorensen, seconded by Hudson, to approve the job description and authorize advertisement for the Administrative Assistant/Building Permit Technician position. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. 3). City Administrator's Update Nafstad reported that Westbridge Community Church is expected to attend the next City Council meeting to ask for reconsideration of their rezoning requests. Couri outlined what the City Code requires in order for reconsideration of a zoning request in less than a year. Sorensen inquired how the Council can determine if the new site plan is a significant change. Brixius suggested if the Council is not in support of the rezoning, the application should be reconsidered and brought through process again to only be denied again. City Council Meeting Minutes Page 7 Regular Meeting of June 15, 2015 Nafstad is working with BNSF in regards to the condition of the Main Avenue NE railroad tracks and hopes to bring an estimate to a later City Council meeting. Hudson left the meeting at 8:50 p.m. Nafstad reported the City of St. Michael has allowed Albertville to use their speed limit trailer on Kahler Drive NE. So far no tickets have been issued. Nafstad stated that the detour signs for the 57th Street NE /Church of St. Albert's project have gone up and construction will be starting soon. 9. ANNOUNCEMENTS AND /OR UPCOMING MEETINGS June 22 Joint Powers Water Board, 6:30 p.m. July 2 City Offices Closed, Observance of Independence Day July 3 Public Works Closed, Observance of Independence Day July 6 City Council, 7:00 p.m. July 13 STMA Ice Arena- CANCELLED July 14 Planning Commission, 7:00 p.m. July 20 City Council, 7:00 p.m. July 27 Joint Powers Water Board, 6:30 p.m. 10. ADJOURNMENT Motioned by Hendrickson, seconded by Sorensen, to adjourn the meeting at 9:13 p.m. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTIONDECLARED CARRIED. Respec lly submitted, r Kimberl . Olson, City Clerk City Council Meeting Minutes Page 8 Regular Meeting of June 15, 2015