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2016-11-07 City Council MinutesALBERTVILLE CITY COUNCIL Monday, November 7, 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 Present: Mayor Hendrickson and Council members Olson, Sorensen, and Vetsch Absent: Council member Hudson 7:00 PM Staff Present: City Administrator -PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, Fire Chief Eric Bullen, and Finance Director Tina Lannes Others Present: Samara Postuma, Judy Roden, Casey Darkenwald, Darren Lazen 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS - None 4. PUBLIC FORUM — (time reserved 5 minutes) There was no one present for the forum. 5. AMENDMENTS TO THE AGENDA Motioned by Olson, seconded by Sorensen, to approve the Agenda as presented. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. 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. Authorize the Monday, November 7, 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 B. Release Letter of Credit No. 805 held as security for the Niemeyer Trailer Sales development conditioned on any outstanding balances owed to the City being paid in full Page 1 C. Release Letter of Credit No. 163905277 held as security for the Guardian Angels development, conditioned on any outstanding balances owed to the City being paid in full D. Approve Resolution 2016-029 Awarding the Sale of, and Providing the Form, Terms, Covenants, and Directions for the Issuance of its Tax Revenue Note to Fraser Building Limited Partnership E. Approve Assessment Agreement for SAC and WAC charges for Glacier Ridge Properties LLC (Mold -Tech) F. Approve Park Payment #5 and Final Payment to Kuechle Underground in the amount of $68,300.26 for 2014 54th Street NE and Barthel Industrial Drive NE Improvement Project Motioned by Olson, seconded by Sorensen, to approve the Consent Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. Planning/Zoning 1). Darkenwald/Mall of Entertainment AUAR Casey Darkenwald, Darkenwald Holdings Ltd, and Darren Lazan, Landform Professional Services, were present at the meeting. Lazan gave a brief update on the project. He reviewed the original concept. He added that they would like to have multi -family housing as part of the concept. There will be office and medical along I-94. Lazan stated AUAR (Alternative Urban Area Review) update will update the 2003 AUAR that was done and will address any changes from the original plan. He stated the City must request the update of the AUAR and will need to review the funding agreement for that. It would be most efficient to have the City's consultant, SRF, conduct the traffic study. However, they are requesting a smaller escrow deposit at the beginning that may be rechargeable or require additional escrows. Hendrickson stated the original escrow proposed was $100,000. Lazan replied the City has asked for the $100,000 and the traffic study would be about $60,000. Couri stated that if the City estimates $100,000 they should try their best to get that amount upfront; if the City were to accept a lesser amount of escrow and the costs came in above that number, the City could face some business risk for those costs. Lazan stated the developer would like to put an escrow in place that covers the estimated cost of the traffic study rather than the $100,000. Vetsch had concerns about multi -family housing. Lazan replied that the mixed use in the concept is what will make their concept successful. Brixius stated this is only one scenario that will be reviewed in the AUAR. Lazan proposed a $75,000 escrow. Brixius and Couri recommended that the escrow not fall below $10,000. Couri stated they can modify the cost reimbursement agreement to reference a $75,000 escrow and provided the following language to replace the last two sentences of bullet item 3 in the agreement: City Council Meeting Minutes Page 2 Regular Meeting of November 7, 2016 Darkenwald shall maintain the escrow at minimum amount of $10,000 at all times. From time to time, the City shall inform Darkenwald of the anticipated draws on the escrow and Darkenwald replenish the escrow in the amount the City reasonably requests within 10 days of a written request by the City. The City shall provide Darkenwald with invoices from all consultants when such invoices contain charges that are to be reimbursed from the escrow. Nafstad requested that the resolution authorizing the AUAR be amended. He asked the paragraph with the last "whereas" in the resolution be removed. Motioned by Sorensen, seconded by Olson, to Approve Resolution 2016-030 Authorizing the Preparation of an AUAR For Land Owned By Darkenwald Holding Ltd In Northwest Albertville; Authorizing a Traffic Study Related to Said AUAR; and Authorizing the City to Enter Into a Cost Reimbursement Agreement with Darkenwald Holdings Ltd to Cover City Costs Associated with Said AUAR. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTIONDECLARED CARRIED. B. Finance 1). Approval of the 2016 Certification of Outstanding Utility Bills and Invoices Lannes reported that the Council should open the meeting to anyone wishing to speak regarding outstanding bills and invoices that will be certified to taxes. There was no one present to speak. Motioned by Vetsch, seconded by Olson, to approve Resolution No. 2016-031 entitled a Resolution Certifying the 2016 Uncollected Utility Bills and invoices to Wright County for Collection with Real Estate Taxes. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED CARRIED. C. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) FYCC Olson reported that programs are being well attended. FYCC is advertising for winter rink attendants and there has been some difficulty in the past with getting applicants. Hendrickson wanted to make sure it is advertised on the City's website and Facebook. D. Public Works/Engineering 1). 2017 Street and Sidewalk Improvements Nafstad reported that over the last five years they have evaluated the condition of city streets and identified needs. Generally, the City has taken on a major street project every other year. The streets identified that need repair are below: • 57th Street NE — 58th Street NE to CSAH 19 • 56th Street NE — Kahler Drive NE to Kalenda Drive NE • Kahler Drive NE — Karston Drive NE to 58th Street NE • Karston Ave NE — Kahler Drive NE to 500' east of Kahler Drive NE • 58th Street NE — 57th Street NE to Kalland Ave NE • Kalland Avenue NE — 58th Street NE to 250' south of Kalland Drive NE City Council Meeting Minutes Page 3 Regular Meeting of November 7, 2016 Nafstad stated that he added the overlay of the Oakside Park trail and replacement of the bituminous trail along 57th Street NE, Karston Avenue NE, and Kalland Avenue NE with a concrete walk and grass boulevard. He stated there will be an impact to residents and a neighborhood meeting will be planned. Preliminary cost estimate is $655,000. Nafstad is looking for approval for Bolton and Menk to prepare plans and specs Motioned by Vetsch, seconded by Sorensen, to approve October 25, 2016 design proposal from Bolton and Menk for preparation of plans and specifications for the 2017 improvements at an estimated fee of $29,782. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED CARRIED. E. Legal 1). MN Data Practices Act Requirements Couri reported that all government agencies must have policies in place should someone from the public request government data or information. It addresses the classification of data, how the data is secured, who has access to the data, etc. The proposed policy sets out all the requirements outlined in State Statute. Brixius suggested a revision to copy costs for color and large copies. Motioned by Olson, seconded by Sorensen, to Approve City of Albertville Summary of Data Practices Procedures with an amendment to allow staff to set the cost for copies to the public. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent. Hudson. MOTION DECLARED CARRIED. F. City Clerk 1). Set Time for November 14, 2016 Canvass Board Meeting Motioned by Sorensen, seconded by Olson, to set the Canvass Board Meeting for 5:45 p.m. on November 14, 2016. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED CARRIED. G. Building —None H. Fire —None I. Administration 1). City Administrator's Update Nafstad reported that since their discussion of water rates, it has been determined that an error in the billing software has been undercharging accounts. He stated staff is researching whether a rate increase will be needed. Nafstad reported that MN Dot is asking for a plan regarding the restriping of CSAH 37 over I-94. Wright County generally does not prepare plans for such work, rather just contracts out the work, and therefore, they requested the City to prepare the plan and the County will reimburse the City. He stated he has asked SRF to prepare the plan. City Council Meeting Minutes Page 4 Regular Meeting of November 7, 2016 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS November 8 Election Day, STMA Middle School West, 7:00 a.m.-8:00 p.m. Su Planning Commission, 8:00 p.m. * (start time change) November 10 City Hall Closed, Observance of Veterans Day November 14 Canvass Board, TBD — Prior to Arena Board Sa STMA Ice Arena Board, 6:00 p.m. November 21 City Council, 7:00 p.m. November 24/25 City Offices Closed, Thanksgiving November 28 Joint Powers Water Board, 6:00 p.m. December 5 Truth -in -Taxation Meeting, 6:30 p.m. December 12 STMA Ice Arena Board, 6:00 p.m. December 13 Planning Commission, 7:00 p.m. December 19 City Council, 7:00 p.m. December 26 City Offices Closed, Observance of Christmas Day December 27 Joint Powers Water Board, 6:00 p.m. NOVEMBER, Su M Tu W Th F Sa Sa 1 2 3 4 5 6 cc 7 1 8 9 10 11 12 13 1Ce 14 15 16 17 18 19 20 cc 21 22 23 24 2 26 27 JP28 29 30 JP 27 28 29 10. ADJOURNMENT DECEMBER Su M Tu W Th F Sa 1 2 3 4 cc 5 6 7 8 9 10 11 12 14 15 161 17 18 cc 19 20 21 22 23 24 25 JP 27 28 29 30 31 Motioned by Olson, seconded by Sorensen, to adjourn the meeting at 8:43 p.m. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED CARRIED. Respectfully submitted, Kimber. Olson, City Clerk City Council Meeting Minutes Page 5 Regular Meeting of November 7, 2016