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2016-06-20 City Council MinutesA,lbertville SfRYfl �( - -t1WA {jf1{f4$. Aq �. ALBERTVILLE CITY COUNCIL Monday, June 20, 2016 ADOPTED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Acting Mayor Vetsch called the meeting to order at 7:01 p.m. 2. ROLL CALL 7:00 PM Present: Acting Mayor Vetsch and Council members Hudson, Olson, and Sorensen Mayor Hendrickson arrived at 7:03 p.m. Absent: None Staff Present: City Administrator -PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, Fire Chief Eric Bullen, and City Clerk Kimberly Olson Others Present: Aaron Cocking, Samara Postuma, and Paul Turpin 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. CenterPoint Energy Community Partnership Grant Bullen accepted the grant on behalf of the Albertville Fire Department. The grant will be used to purchase three AED machines for the Public Works Department. One will be placed at the Public Works building and the other two will be placed in Public Works vehicles that are driven by Public Works employees, who also serve on the Fire Department, should they arrive first to a call. B. 2016 -2017 Albertville Royalty This item was rescheduled to the July 18, 2016 City Council meeting. C. School District Boundary Working Group Aaron Cocking, member of Uniting STMA, was present to formally request Albertville's participation in a small working group to discuss possible changes to school boundary lines. He stated they are looking for two elected representatives from the Elk River School Board, two elected representatives from STMA School Board, the mayors or council designee from both Albertville and Otsego, and two members from Uniting STMA. The goal is to get all interested parties in the same room to define issues and impacts for the community and to identify wants and needs of the community. He stated they would like to present their findings to each school board in October. Page 1 Hendrickson stated that based on the rest of the Council's time commitment for other committees and boards, she is comfortable participating in this group. She stated that if they are going to tackle the issue, they need to look at impacts on all aspects of the community. Vetsch indicated there is a lot of land that is still undeveloped that should be considered. Cocking stated it is difficult to predict development, but they would like the group to work with the best evidence they can and have faith in finding a fair solution for all parties. Motioned by Hudson, seconded by Sorensen, to appoint Mayor Hendrickson to the Elk River - STMA School District Boundary Working Group. Ayes: Hendrickson, Hudson, Sorensen, and Vetsch. Nays: Olson. Absent: None. MOTION DECLARED CARRIED. 4. PUBLIC FORUM — (time reserved 5 minutes) There was no present at the forum. 5. AMENDMENTS TO THE AGENDA Motioned by Sorensen, seconded by Olson, to approve the Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 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 6, 2016 regular City Council meeting minutes as presented B. Approve the June 6, 2016 City Council workshop meeting minutes as presented C. Authorize the Monday, June 20, 2016 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. Approve Resolution No. 2016 -013 appointing Election Judges for the August 9, 2016 Primary Election and November 8, 2016 General Election E. Approve Resolution No. 2016 -014 establishing an absentee ballot board F. Adopt Ordinance 2016 -04 establishing a brewery taproom fee G. Adopt Resolution No. 2016 -015 a resolution amending exhibits B and C of resolution 2016 -002 setting fees for 2016 Motioned by Vetsch, seconded by Hudson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. City Council Meeting Minutes Page 2 Regular Meeting of June 20, 2016 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc) Capital Improvement Task Force Hudson reported their role was better defined for them by the School Board. He stated the goal was to review improvements to be included in a $21 million bond referendum. $8 million of that amount is slated for the second sheet of ice and would be non - negotiable. They would have approximately $4 -6 million to work with and the remainder of the $21 million would go to additional space for the Primary School and the High School. He stated that optional technology improvements themselves equal the $4 -6 million they have to work with, so it will be difficult to determine the improvements to be included as they have almost $30 million of improvements to review. Hudson stated the task force is not in an enviable position to make those recommendations. Vetsch inquired if the group has looked at grants for technology projects from private businesses or other agencies. Hudson reported the group had not as far as he was aware and stated he will bring it up at their next task force meeting this week. Hendrickson inquired how the $21 million bond amount was determined and Hudson replied that it was a best guess as to what voters may accept for a bond referendum amount. Hudson stated the task force would recommend improvements that fit into the $21 million bond amount, but will also likely provide additional recommended improvements in case the bond amount is increased from $21 million. League of MN Cities Annual Conference Olson reported he attended the conference and there were several good ideas for improvements and savings that he would bring up during budget discussions. STMA Ice Arena Design Committee Nafstad reported the architect has the committee looking at a revised concept that shifted the location of the second sheet. A subgroup of the committee did a walk through tour of the ice arena. The architect felt that a $8.5 million budget may be difficult to meet. Planning Commission Hudson reported the Heuring Meadows property had a public hearing at the last Planning Commission meeting to consider a re- zoning request for the property from B2 to B2A. He stated there were some concerns from the commissioners, but the recommendation was to recommend approval of the rezoning to Council by a three to two vote. Two of the members did not like the concept that was presented to the Council earlier in the year. The other items at the meeting will be discussed tonight. City Council Meeting Minutes Page 3 Regular Meeting of June 20, 2016 B. Planning/Zoning 1). Taco Bell Site and Building Plan, Conditional Use Permits for Joint Parking, Outdoor Dining, Drive - Through Service Lane, and Comprehensive Sign Plan Brixius reported that Border Food has submitted a development application for site and building plans for a Taco Bell for the property located at 6040 Labeaux Avenue NE, the current DJ's car wash site. They are also applying for conditional use permits for joint parking, outdoor dining, drive - through, and comprehensive sign plan. The restaurant will replace the car wash on the site. DJ's will still own the land, but Border Foods will have a land lease for the site. Brixius stated there are conditions the applicant will have to meet such as: • Enter into cross easement and parking easements agreement • Enter into an easement encroachment agreement • Provide striped parking and disability parking • Landscaping along CSAH 19 and the drive through service lane • No installation of pedestrian connection until crosswalks are installed Brixius stated there is some concern with clearance of delivery trucks on the site during business hours. Staff recommends night deliveries with a plan to be approved by the City. He stated that the building location was shifted to allow for more stacking in the drive through service and suggested the motion include that change. Hendrickson had concerns about pedestrian access and crossing at the intersection. Nafstad stated that all four legs of the intersection would need to be upgraded to ADA standards and would require getting a quote. He stated it is a bigger job that will also consist of electrical upgrades. The County would not participate in a cost share of the improvement and it would be a City responsibility. Dean Madson and Barbara Schneider from Border Foods were present at the meeting. Schneider reported they hope to start construction in August and to open by October 31. Motioned by Sorensen, seconded by Hudson, to approve Resolution No. 2016 -016 approving the site and building plans for Taco Bell restaurant for property located at 6040 LaBeaur Avenue NE, along with conditional use permits for joint parking, outdoor dining, drive - through service lane, and comprehensive sign plan and for the construction and engineer plans be revised to reflect the shift in building location illustrated on engineer drawing titled TACO BELL ALBERTVILLEALTERNATIVE LAYOUT 2016 -06 -16 BUILDING SHIFT TO THE EAST 7 CAR DRIVETHRU STACKING. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. 2). Development Application Requirements Brixius reported that the ordinance before the Council would require property owners submitting a development application to be current on property taxes and fees owed to the City. He stated that if property owners were not current on taxes and their development application incurred costs above and beyond the application fee and escrow, it would be difficult to collect those extra costs. City Council Meeting Minutes Page 4 Regular Meeting of June 20, 2016 Brixius stated this zoning text amendment went before the Planning Commission hearing on June 14, 2016. Concerns raised at the meeting were the impact this would have on residential homes. Brixius reported that with other administrative (staff) decisions, the applicant has the chance to appeal. Council could consider an appeal process or exempting single family homes from this provision. The Planning Commission voted four to one to recommend approval of the zoning text amendment. Olson questioned what types of development applications a single family home owner could submit. Brixius replied it could be a variance, conditional use permit, etc. Hudson clarified the concerns from the Planning Commission member was also for the possibility of hindering undeveloped land from attracting a potential developer. Hudson stated he is fine with the amendment if an appeal process were added to the language. Hendrickson stated that tax payer dollars fund the staff time that is used to review these development applications, so it makes sense. Hudson stated that it should be up to the applicant to pay for their own development application rather than resident tax payers. Olson felt it also benefits the school districts and the County. Hendrickson inquired if other cities do this and Brixius said it is not unique to Albertville; several cities have this in their codes. Olson stated if they are not comfortable with the language, another alternative is to have the applicant pay the application fee and twice the escrow amount. Vetsch was concerned that if an appeal process was included in the language, an applicant may attempt to continue to appeal to Council numerous times. Sorensen stated that he would rather the applicants come to the Council than utilize staff time. Motioned by Olson, seconded by Hudson, to approve Ordinance 2016 -05 amending Chapter 100.10 of the Albertville City Code relating to fee acceptable with the additional added language to read. Applicants may appeal to the City Council for an exception to this section. Applicants must demonstrate an acceptable reason as to why such delinquent amounts cannot be paid prior to submitting an application. The City Council may grant the exception at its discretion, and may impose increased escrow amounts or other requirements as a condition of granting such exception. Ayes: Hendrickson, Hudson, Olson, and Sorensen. Nays: Vetsch. Absent: None. MOTION DECLERED CARRIED. C. Public Works/Engineering 1). Resurfacing of Tennis Courts at Oakside Park Nafstad reported the tennis courts at Oakside Park need to be resurfaced and are overdue for that resurfacing. He stated they have received several complaints regarding the condition of the Oakside tennis courts. Sorensen inquired if there are other park improvements that may have a higher priority than the tennis courts. Vetsch stated the Parks Committee had discussed improvements several meetings ago and he asked that the item be discussed by the Parks Committee at a future meeting. The item was tabled until after the next Parks Committee meeting. City Council Meeting Minutes Page 5 Regular Meeting of June 20, 2016 D. Fire 1). Purchase of Genesis Power Extrication Tool Bullen updated the Council on the Fire Department Open House during Friendly City Days and stated they had a very good turnout. Phase I of the memorial project at the Fire Hall is done. He reported three members of the Albertville Fire Department are graduating June 22 from the Elk River Fire Academy. Bullen reported that the extrication tool has been an item on the department's long range plan. The unit will be portable and used in the new emergency response vehicle, which may arrive on scene prior to the fire trucks arriving. He reported they received a $2,000 grant from Wright County United Way and the remaining $7,445 will come from fire capital reserves. Motioned by Hudson, seconded by Sorensen, to authorize the purchase of a new Genesis Battery Powered Extrication Tool for the bid estimate amount of $9,445. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. E. City Clerk 1). Set Budget Workshops for August 1 and August 15, 2016 Motioned by Sorensen, seconded by Olson, to set budget workshops to immediately follow the regular City Council meetings on August 1, 2016 and August 15, 2016 in the City Council Chambers. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. F. Legal 1). Karston Cove 3rd Addition Couri reported that the Karston Cove 3rd Addition was approved and platted for 43 townhome unit prior to the 2008 housing market crash. The developer did not install any of the improvements and the City had to draw on the letter of credit to cover the cost of infrastructure installation and landscaping. In 2011, the property and rights were transferred to a new group. The City tried to negotiate a modification to the development agreement, but the talks fell through. Now the City must decide whether to enforce the terms of the development agreement by October 31, 2016. Couri recommended the City try to either extend the deadline of the development agreement or have the owner replat the properties and finish the punch list items. The last option would be to initiate Court action to enforce terms of the development agreement. Nafstad inquired if the deadline of the agreement was extended, could the City require an increase to the letter of credit. Couri replied that would be an option, especially to keep up with the price of inflation. Motioned by Vetsch, seconded by Sorensen, directing staff to move forward with Options I to work with the owner of Karston Cove Third Addition to install the required improvements or Option 2 to work with the owner of Karston Cove Third Addition to extend the term of the Developer's Agreement and if neither of the first two options can be accomplished to pursue Option 3 to commence a Court Action seeking a Court order authorizing the City to enter upon the property and install the necessary improvements. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. City Council Meeting Minutes Page 6 Regular Meeting of June 20, 2016 G. Finance — None H. Building —None I. Administration 1). City Administrator's Update Nafstad reported the final fire shared services report will be included in the July 5, 2016 City Council agenda packet. Nafstad stated the July Planning Commission meeting will have a presentation on the fundamentals of planning and the roles and expectations for commissioners. Hudson excused himself from the meeting. Nafstad reported that road improvements have started on both CSAH 18 and CSAH 19. Sorensen stated he would like to receive more frequent email updates from the Sheriff's Office in regards to activity in Albertville. 9. ANNOUNCEMENTS AND /OR UPCOMING MEETINGS June 27 Joint Powers Water Board, 6:00 p.m. June 29 July 4 July 5 July 11 July 12 July 14 July 18 July 25 10. ADJOURNMENT Fire Advisory Committee, 6:00 p.m. City Offices Closed, Independence Day City Council, 7:00 p.m. STMA Ice Arena Board, 6:00 p.m. Planning Commission, 7:00 p.m. Fire Department Business Meeting, 8:00 p.m. City Council, 7:00 p.m. Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. Motioned by Vetsch, seconded by Sorensen, to adjourn the meeting at 9:04 p.m. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent. Hudson. MOTION DECLARED CARRIED. Respectfully submitted, 0,/" . Kimberly . Olson, ity Clerk City Council Meeting Minutes Page 7 Regular Meeting of June 20, 2016