2016-10-03 City Council MinutesNbertvillc
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ALBERTVILLE CITY COUNCIL
Monday, October 3, 2016
APPROVED MINUTES
ALBERTVILLE CITY HALL
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:00 p.m.
2. ROLL CALL
7:00 PM
Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch
Absent: None
Staff Present: City Administrator -PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al
Brixius, Fire Chief Eric Bullen, Finance Director Tina Lannes, Public Works Supervisor Tim
Guimont, and City Clerk Kimberly Olson
Others Present: Tom Dwinnell, Jeff Hampton, Ron Klecker, David Pattberg, Dale Willis
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS - None
4. PUBLIC FORUM — (time reserved 5 minutes)
There was no one present at the forum to speak.
5. AMENDMENTS TO THE AGENDA
Motioned by Sorensen, seconded by Vetsch, 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 September 19, 2016 regular City Council meeting minutes as presented
B. Authorize the Monday, October 3, 2016 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
Page 1
provided to City Council as a separate document and is available for public view at City
Hall upon request
C. Adopt Resolution 2016-025 Approving a Decrease in Debt Service Levies
D. Approve 3`d Quarter Budget to Actual Report — Un -audited
E. Approve 3`d Quarter Accounts Receivable Report
F. Approve Resolution No. 2016-026 Approving Additional Election Judges for the
November 8, 2016 General Election
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 — None
8. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
There were no committee updates.
B. Planning/Zoning
1). Karston Cove 4th Addition Preliminary and Final Plat
Couri explained that Centra North LLC purchased the 29, undeveloped lots south of 64th Street NE as
well as the rights to the letter of credit money from the previous developer. He stated they must
either require the improvements outlined in the expiring development agreement or litigate by
October 31, 2016. He stated the City had drawn on the letter of credit and has it in cash. The letter
of credit cash can be used to install the improvements such as sidewalks and streetlights with the
remainder to be returned to Centra after completion. He clarified that although the City can require
the improvements, they cannot force Centra to build the 29 townhomes.
Couri explained that Centra is not intending to build the 29 attached townhomes as previously
platted in 2003 as they would not sell favorably in the housing market now. He also added that due
to wetland elevations as well as new city ordinances, it is not possible to build all 29 lots. Willis
stated they would likely remove 12 of the lots and build a total of 17 homes.
Brixius stated the development application requests replatting the 29 lots to an outlot. However, an
outlot cannot be issued a building permit, so the outlot would need to be replatted and subdivided
back into lots and blocks prior to development. Couri reported the next steps would be to approve
the preliminary and final plats and to amend the developer's agreement.
Couri explained that the 14 townhomes to the north have concerns about the future of their
homeowner's association (HOA). He reported the 29 lots to the south were originally supposed to
be a part of the HOA and since they have remained undeveloped, it has placed a significant burden
on the original 14 townhomes for their dues and maintenance costs. Couri suggested the City amend
the developer's agreement to allow the City the right to require any future lots developed be required
City Council Meeting Minutes Page 2
Regular Meeting of October 3, 2016
to enter into the HOA. However, he said that the HOA must revise their HOA declaration language
to allow the lots into the HOA.
Couri reviewed the drainage and utility easements that were put across the development in the 1St
and 3`d Additions. Staff is recommending vacating the 3`d addition easements, but keeping the lst
Addition easements. Nafstad stated that staff is also looking at taking over the maintenance of the
drainage pond for Karston Cove. Hendrickson suggested a resolution to that effect be brought to the
next City Council meeting on the Consent Agenda.
Jeff Hampton, 6448 64th Street NE, is president of the current HOA. He stated that the cost to
maintain the drainage pond when the other properties are developed will be very expensive. He
stated that the HOA is fiscally challenged by only having 14 members rather than 43 as originally
planned. He stated that if the sidewalk and streetlights are not installed now, it may be another five
or ten years out before they are done. He stated they should have been installed ten to twelve years
ago.
Hampton presented the following language to be added to the resolution approving the preliminary
and final plats, development agreement amendment, and vacation of easements:
• The City of Albertville includes in their notes when vacating the plat that any future costs
regarding the shared retention/water outlet ponds be shared with the owners of the
vacated plat, future PUD or development.
Prior to the final release of the funds related to vacating this plat, the following
improvements be completed per the original PUD agreement; connect the 2 sidewalks
from neighboring properties across the vacated plat, install street lighting, include minor
landscaping around the sidewalk area (grass and trees) as included in the agreement. City
to determine the look to match neighboring properties with sidewalks.
Willis stated that Centra is okay with sidewalk installation and suggested a $15,000 escrow be set for
the construction of it. He felt they would not be able to get the sidewalk done yet this year. He also
suggested an 18 -month period in which they have to develop the lots. However, he is hoping to
build in summer of 2017.
Vetsch inquired as to the type of lots they hope to develop and Willis stated detached townhomes
may be successful.
Ron Klecker, Planning Commission Chair, stated that he had concerns with new lots being required
to enter into the HOA and footing the cost of repairs for the original homes. He felt the developer
could help with the association costs.
Motioned by Hudson, seconded by Sorensen, to direct staff to craft a resolution authorizing the
City to take over maintenance of the Karston Cove drainage pond and to bring it to the next City
Council meeting. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None.
Absent: None. MOTION DECLARED CARRIED.
City Council Meeting Minutes Page 3
Regular Meeting of October 3, 2016
Hudson had concerns with making sure the development agreement is amended in time. Couri
replied that he has included language that allows the agreement to be amended if met with City
Attorney approval and felt they should have a revised development agreement at the next City
Council meeting.
Motion to Approve Resolution No. 2016-02 7 Approving an amendment to the Karston Cove
Conditional Use PermiVPlanned Unit Development and the Preliminary and Final Plat of the
Karston Cove 4th Addition and to vacate select easements within Karston Cove 4`h Addition with
the following amended conditions being met:
1. The City retains the option to require the future development on OutlotA Karston
Cove 4th Addition to join with the existing Karston Cove HOA on the north side of
64th Street through a revised PUD development agreement to be recorded against
the Outlot A property with the future final plat. Notwithstanding this reservation of
rights, the City acknowledges that it may not impose any obligation on the
developer to add the future lots to the existing Karston Cove HOA unless the
Declaration establishing the HOA has been modified, on or before the time offinal
plat approval, to allow for the addition of the OudotA land to the Homeowner's
Association.
2. The City finds that the drainage and utility easements dedicated on the Karston
Cove 3'd Addition plat (but excluding those easements dedicated on the first plat of
Karston Cove) are no longer needed for public purposes and that it is in the interest
of the public to vacate said drainage and utility easements.
3. The City vacates the drainage and utility easements shown on the Karston Cove 3`d
Addition plat, provided the 4th Addition final plat is revised to preserve as drainage
and utility easements all drainage and utility easements originally dedicated on the
first plat of Karston Cove said easements shall be subject to the review and approval
of the City Engineer prior to recording the final plat. The vacation of said
easements shall be effective upon the recording of the Karston Cove 4`h Addition
plat.
4. The City approves the preliminary and final plat of Karston Cove 4th Addition,
subject to the conditions set forth in the City Planner's report dated September 8,
2016, including execution of a development agreement as set forth below.
S. The Developer shall be required to install sidewalk per approved plans, boulevard
grading and restoration to a turf condition by June 30, 2017 as a condition of final
plat approval, unless Developer submits a completed preliminary plat application
for the site by June 30, 2017, in which case the June 30, 2017 installation date shall
be automatically extended to June 30, 2018.
6. The applicant enters into a development agreement with the City that includes the
aforementioned conditions of approval, addresses the issues identified in the RCA
City Council Meeting Minutes Page 4
Regular Meeting of October 3, 2016
for this matter, and meets the approval of the City Attorney. The development
agreement shall be recorded against the property with the final plat.
7. Upon execution of the development agreement and recording of the plat, the City
shall release the monies it holds in escrow from the proceeds of the letter of credit
for Karston Cove 3rd Addition, exceptfor an amount sufficient to cover 125% of the
cost of the installation of sidewalk, boulevard grading and restoration and the
anticipated expenses of the City Attorney, Planner and Engineer related to Karston
Cove 3rd Addition and Karston Cove 4`" Addition. The City Engineer shall
determine the amount of escrow to be held for the installation of such items and the
City Finance Director shall determine the remaining amount of escrow to be held
to cover anticipated City expenses.
Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None.
MOTION DECLARED CARRIED.
C. Public Works/Engineering
1). Purchase of a Used Utility Chipper
Nafstad reported this is a much needed piece of equipment that will assist Public Works with
maintaining the trees that have matured throughout the City as well as the annual Christmas tree
pickup. The chipper would be a 2013 used model that includes a warranty. Olson inquired if the
City could then offer storm debris pickup after large storm events. Guimont replied that it really
depends on the severity of the storm and could be determined on a storm by storm basis. Hudson
inquired about funding for replacement of the chipper and Guimont anticipated the chipper to have a
twenty year life to it.
Motion to approve purchasing a used 2013 Bandit M-200 Utility Chipper in the amount of
$20,000from Tri-State Bobcat. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays:
None. MOTIONDECLARED CARRIED.
D. Legal
1). City Attorney Report
There were no questions on the report.
E. Fire — None
F. Finance — None
G. City Clerk —None
H. Building — None
I. Administration
1). City Administrator's Update
Nafstad reported they may not be able to complete the City portion of the railroad improvements this
year and they may have to amend the contract with Omann Brothers.
City Council Meeting Minutes Page 5
Regular Meeting of October 3, 2016
9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS
October 5
Fire Advisory Committee, 6:00 p.m.
October 6
Fire Business Meeting, 8:00 p.m.
October 10
STMA Ice Arena Board, 6:00 p.m.
October 11
Planning Commission, 7:00 p.m.
October 17
City Council, 7:00 p.m.
October 24
Joint Powers Water Board, 6:00 p.m.
November 7
City Council, 7:00 p.m.
November 8
Election Day, Polls Open 7:00 a.m. - 8:00 p.m.
November 9
Planning Commission, 7:00 p.m.
November 10
City Offices Closed, Observance of Veterans Day
November 14
STMA Ice Arena Board, 6:00 p.m.
November 21
City Council, 7:00 p.m.
November 24/25
City Offices/Public Works Closed, Thanksgiving
November 28
Joint Powers Water Board, 6:00 p.m.
Parks Committee, 8:00 p.m.
10. ADJOURNMENT
Motioned by Sorensen, seconded by Olson, to adjourn the meeting at 8:30 p.m. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Respectfu y submitted,
Kimberly A. Xson, City Clerk
City Council Meeting Minutes Page 6
Regular Meeting of October 3, 2016