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2017-10-02 City Council MinutesNbertville ALBERTVILLE CITY COUNCIL Monday, October 2, 2017 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:02 p.m. 2. ROLL CALL 7:00 PM Present: Mayor Hendrickson and Council members Cocking, Hudson, Olson, and Vetsch Absent: None 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: Henry Hansen, Brian Buhl, Laurie Summerland, Bob Driver, Samara Postuma, Scott Dahlke, John and Casey Darkenwald, Laura Detzler 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS — None 4. PUBLIC FORUM There was no one present for the forum. 5. AMENDMENTS TO THE AGENDA Brixius asked that Item 8A be moved under 7A2 and Item 8B be moved under 7A5. Motioned by Vetsch, seconded by Cocking, to approve the Agenda as amended. Ayes: Hendrickson, Cocking, Hudson, Olson 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 18, 2017 regular City Council meeting minutes as presented B. Authorize the Monday, October 2, 2017 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. Approve the Summary Ordinance 2017-07 for publication relating to establishing charges for emergency response services D. Adopt Ordinance No. 2017-08 Amending the Albertville City Code to Include New Water Meter Fees in Title 3, Chapter 1, Section 3 City Fees, Fines and Rates Schedule E. Accept 3`d Quarter Budget to Actual Report — Un -audited F. Accept 3`d Quarter Accounts Receivable Report G. Approve the On -Sale Intoxicating Liquor and Sunday Sale Licenses for He Qi Inc. for the premises located at 6730 Laketowne Place NE contingent upon receipt of workers compensation and liquor liability insurance, receipt of complete application materials, successful results of background checks, payment of the liquor license fee, and compliance with all building and fire codes Motioned by Cocking, seconded by Hudson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. Planning/Zoning 1). Zoning Ordinance Amendment to Allow for Sports Training Facilities in Industrial Districts and Conditional Use Permit Application from Nextex Properties and Shooting Stars Gymnastics at 5548 Barthel Industrial Drive NE, Suite 400 in Albertville, Minnesota Brixius reported that the ordinance amendment would allow sports training facilities in the industrials areas of the city. He reported that these facilities are becoming more popular. Staff felt that a Conditional Use Permit is necessary to protect the industrial character of the lots while meeting the needs of the sports training facilities. Brixius stated the applicant anticipates meeting the requirements for sports training facilities listed in the ordinance. Vetsch inquired about parking and Brixius stated they have the appropriate number of parking stalls. If there is a large special event, the applicant would need to accommodate parking onsite or work with an adjacent property owner for parking. Motioned by Vetsch, seconded by Hudson, to adopt Ordinance No. 2017-09 amending the I-1 and I-2 Zoning District to allow sports training facilities by conditional use permit. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Vetsch, seconded by Olson, to approve Resolution No. 2017-033 approving a Conditional Use Permit for Shooting Stars Gymnastics located at 5548 Barthel Industrial Drive, City Council Meeting Minutes Page 2 Regular Meeting of October 2, 2017 Suite 400. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). Towne Lakes 7th Addition Preliminary and Final Plat PUD Brixius reported that the City previously approved a PUD zoning and preliminary plat for Towne Lakes Phase 2 development in 2003. The applicant is pursuing a new preliminary plat as there were minor changes to some of the lots. Several lots will have reduced setbacks. The City will require the addition to apply to the Towne Lakes Homeowners Association for inclusion into the association and to adhere to the architectural standards of the association. Cocking asked about timeline for the project and Hansen replied it is weather dependent. Motioned by Cocking, seconded by Hudson, to open the public hearing. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Hendrickson called for public comment and there was none. Motioned by Cocking, seconded by Hendrickson, to close the public hearing. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Cocking, seconded by Olson, to adopt Resolution No. 2017-034 approving Towne Lakes 7`h Addition Preliminary Plat, Final Plat, and PUD Amendment. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. Couri stated that he has a change to the developer's agreement to include the placement of wetland demarcation signs. Motioned by Hudson, seconded by Olson, to Approve the Conditional Use /Planned Unit Development Agreementfor Towne Lakes 7th Addition with the amendment for the developer to place wetland demarcation signs. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. Motioned by Olson, seconded by Cocking, to Approve Resolution 2017-031 Vacating Portions Of Drainage And Utility Easements In Towne Lakes 5th Addition And Towne Lakes 6th Addition Within The City of Albertville. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent. None. MOTIONDECLARED CARRIED. 3). Hunters Pass 3rd Addition Preliminary and Final Plat And Planned Unit Development Amendment Brixius reported the preliminary plat is consistent with what was approved in 2005. He stated the development is zoned R1 -A PUD with a Shoreland Overlay District due to Hunters Lake. There are some reduced setbacks. Staff has asked to applicant to have the wetland buffer removed from the City Council Meeting Minutes Page 3 Regular Meeting of October 2, 2017 lots and placed entirely within the outlot. Due to those changes, the applicant is now asking for the following setbacks: Front Yard: Principal Building/Garage 30 feet Porch 20 feet Side Yard: Principal Building 10 feet Garage Side 5 feet Street 30 feet Rear Yard: Lots 1, 2, 3, Block 1 10 feet Lots 3, 4, Block 2 10 feet All Other Lots 30 feet Brixius reported that with both Towne Lakes 7th and Hunters Pass 3`a developing at the same time, they will achieve Large Avenue NE connection to 70th Street NE. It will be a full intersection. Brixius reported the applicant is also seeking a name change to the plat from Hunters Pass P Addition to Hunters Lake Estates. One of the conditions in the resolution requires the applicant to make application to join the Hunters Pass Homeowner's Association. The HOA doesn't necessarily want the lots as part of the association. Brixius would like the resolution amended to remove that provision. The applicant has described the housing style they are proposing and Brixius felt it was consistent with the standard in both Towne Lakes and Hunters Pass. Cocking was concerned there would be no neighborhood control. Cocking told Hansen that he wants to see the homes fit in the style of the surrounding neighborhoods. Hansen stated the homes would be mid to high level homes, no starter homes. There would be not garage forward styles. Nafstad asked how this would be memorialized. Court stated there was no language regarding that in the development agreement. Hansen stated he is comfortable meeting the original Hunters Pass architectural standards, possibly exceeding those standards. Couri recommended referring back to the recorded documents that list the original Hunters Pass 1St and 2°a Addition architectural standards. Motioned by Olson, seconded by Cocking, to adopt Resolution No. 2017-035 Hunters Pass Third Addition preliminary and final plat and planned unit development (PUD) amendment with the following amendments: 5. If accepted, all new homes shall be consistent with architectural standards of Hunters Pass Is' and 2nd Additions. 7. To remain at least three feet about Hunter Lake's OHWL of 947.3, low floor elevation for all homes in the proposed development must be at 951.3 feet in elevation or higher. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Couri stated that he has a change to the developer's agreement to include the placement of wetland demarcation signs. City Council Meeting Minutes Page 4 Regular Meeting of October 2, 2017 Motioned by Vetsch, seconded by Olson, to approve the Conditional Use /Planned Unit Development Agreement for Hunters Lake Estates with the amendment for the developer to place wetland demarcation signs. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. 4). Mall of Entertainment AUAR Brixius reported that the resolution before the Council is to approve the responses to the comments received on the AUAR. He stated that 22 agencies were sent the AUAR and they have received comments from Wright County, MN DOT, MPCA, City of Otsego, and the MN Historical Society. The resolution authorizes the submission of the AUAR to the EQB. Vetsch inquired about 67th Street NE access and number of lanes. Nafstad replied the plan is to have intersection improvements to 67th Street NE and CSAR 19, but the width of the road is adequate. He stated that having both 67" Street NE and 70' Street NE to serve the Darkenwald acreage in the business park is important. Brixius stated the traffic study identified the immediate improvements that are needed for the area. Hendrickson asked if requests from the commenting agencies were requirements and Brixius replied the city is not required to implement those comments. Brixius further clarified they are not approving any street or intersection design until a development application is received. Motioned by Cocking, seconded by Hudson, to approve Resolution No. 2017-036approving responses to the AUAR comments and objectives and amendments to the AUAR document for the distribution to commenting agencies and EQB. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Hendrickson informed the developer and audience that the Albertville City Council has been diligent on improving transportation along I-94. Brixius reported that the development would like to bring the AUAR back for final approval at the first meeting in November. 5). STMA Ice Arena Expansion Bob Driver with the STMA School District was present at the meeting. Brixius informed Council that staff has not yet received the preliminary and final plat for the expansion so they cannot approve the subdivision. He asked that Council also amend the resolution vacating the easements to be contingent upon on the submission and approval of the preliminary and final plat. Brixius reported the expansion would parallel the existing building with parking to the south. He stated a lot line adjustment is needed for the expansion to sit on its own lot. There would be cross easements on both lots. He reported that the lots must be rezoned to PUD to allow for flexibilities relating to setbacks, construction, and parking. Brixius reported that all utility easements will the vacated and re-established with the new final plat. He stated that school district designers and city staff are looking at options regarding drop off location and access. City Council Meeting Minutes Page 5 Regular Meeting of October 2, 2017 Nafstad indicated the documents the City has received are being modified in regards to stormwater and utilities, the driveway entrance, and design details. They are hoping for fall construction. Brixius gave an overview of the landscaping and fencing requirements. Olson would like to see a different location of for the trash enclosure rather than in the front of the building, clarified that the word "entrance" will not be on the south side of the building, and expressed concerns with the external stairway due to liability. He would like to see the stairs covered or incorporated internally in the building. Nafstad and Couri clarified the expansion will be on school district property that is conveyed to the school and it would be covered under the school's insurance policy. Motioned by Cocking, seconded by Olson, to open the public hearing. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: Nays. Absent: None. MOTION DECLARED CARRIED. Hendrickson called for public comment and there was none. Motioned by Cocking, seconded by Olson, to close the public hearing. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Hudson, seconded by Olson, to adopt Ordinance Number 2017-10 changing the zoning on the Ice Arena site from B-3 to PUD. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. Motioned by Cocking, seconded by Olson, to Approve Resolution 2017-032 Vacating All Drainage And Utility Easements In Lot 1, Block 1, Barthel Commercial Park 2"d Addition And Lot 1, Block 1, Barthel Commercial Park 3"dAdditionWithin The City Of Albertville contingent upon final plat approval from the City and insertion of the legal description of plat. Ayes: Hendrickson, Cocking, Hudson, Olson Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. Motioned by Olson, seconded by Hendrickson, to approve Resolution Number 2017-038 approving the Site and Building Plans for the STMA Ice Arena Expansion. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. B. City Council 1). Committee Updates - Recent Meetings: Joint Powers Water Board Vetsch reported that the Board is looking at painting the water tower that doesn't have a logo or statement painted on it. Some residents have asked to have "STMA Knights" painted on it. He stated that Hanover would not pay for that, so the Board would like to see the cities pay for it. Hendrickson felt water towers represent each community. Cocking inquired about the cost and Vetsch stated approximately $15,000, but to keep in mind it would be a recurring cost. It would have to be brought to the Councils of Hanover, St. Michael and Albertville. City Council Meeting Minutes Page 6 Regular Meeting of October 2, 2017 Parks Committee Nafstad reported the committee had a lengthy meeting where they focused on improvements for Westwind Park and design for Central Park. He presented the preliminary design for the park. Olson inquired if the City could create more open water in the wetland area and Nafstad replied they could look into. He stated the improvements are slated for spring 2018. Hendrickson would like a thank you letter send to the MN DNR for the match grant dollars going towards this project. Nafstad reported the depot is under construction in Central Park. He presented a graphic of the proposed improvements to be made to Central Park. He stated the Parks Committee has struggled with the design and location of certain elements within the parks such as walking trails, ride location, driveway and entrance(s). Brixius reported that the entrances were angled to both the south and the north with wrought iron components in order to give visibility up and down Main Avenue NE. The center drive located off of Main Avenue NE is for truck traffic with gates that can be closed. Vetsch stated the Parks Committee wants to keep the park functional for the Farmers Market and Albertville Friendly City Days (AFCD). Brixius explained that Central Park has become an event center rather than a playground. Brixius explained the changes that have been made to the design concept. Cocking felt that the elements along Main Avenue NE are important and he wants to get the design right as it has the potential to define and/or characterize the City of Albertville. He felt the design is focusing too much on the annual AFCD event that is only for a few days rather than the park as a whole. Brixius felt the design is multifaceted and can accommodate all events: AFCD, Music in the Park, and the Farmers Market. Brixius felt that they can be flexible with the landscape. Hendrickson felt the entrance arch is necessary to the design. Cocking inquired if the AFCD trucks delivering the amusement rides can enter through an alternate route rather than off of Main Avenue NE. Olson inquired about the timeline for the improvements. Nafstad felt they need to determine what they want in place prior to the centennial celebration in 2019. He has concerns about construction timing if they must work around AFCD and the Farmers Market. He stated that 58th Street NE is not slated for improvements, but they may need to complete it if parking is removed in the park. He stated the Parks Committee felt that the plaza was priority, but Council felt the streetscape was priority when discussed previously. Hendrickson felt there is a lot of park land to accommodate the Farmers Market during construction. Olson inquired about funding and Nafstad replied it would be city funds, or capital reserve, as park funds are mostly depleted. Olson felt 58th Street NE does need to be paved and there could be more stalls created if striped differently. Hendrickson felt a splash pad should be considered and Nafstad stated the Parks Committee discussion have not included a splash pad.. City Council Meeting Minutes Page 7 Regular Meeting of October 2, 2017 The Council discussed purchasing a lot near Central Park for park expansion and the realignment of 58th Street NE and Lander Avenue NE. The Parks Committee hahad discussed the possible purchase of the parcels on the south side of 58th Street. The Council questioned the need to purchase the parcels at this time. Brixius stated the Council had previously approved the Central Park Master Plan which stressed the streetscaping. Functionality of the park is where there seem to be conflict. However, Brixius will relay to the Parks Committee that the Council prioritizes the streetscaping. Nafstad stated the streetscape and 58th Street NE go hand-in-hand due to the fact that parking will be lost when the streetscape is installed. C. Fire —None D. Finance —None E. City Clerk — None F. Public Works/Engineering — None G. Building —None H. Legal -None I. Administration 1). City Administrator's Update Nafstad stated the BNSF railroad is working to close CSAH 37 for track repair and that will occur within the next two weeks. Olson inquired about the timing of when CSAH 19 and 57th Street NE will switch to a four way stop during construction. 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS October 9 STMA Ice Arena Board, 6:00 p.m. October 10 Planning Commission, 7:00 p.m. October 16 City Council, 7:00 p.m. October 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. October 30 November 6 November 9 November 13 November 14 November 20 November 23 November 27 10. ADJOURNMENT Joint Governance Meeting, 6:00 p.m. City Council, 7:000 p.m. City Hall Closed, Observance of Veterans Day STMA Ice Arena Board, 6:00 p.m. Planning Commission, 7:00 p.m. City Council, 7:00 p.m. City Hall/Public Works Closed, Thanksgiving Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. City Council Meeting Minutes Page 8 Regular Meeting of October 2, 2017 Motioned by Cocking, seconded by Hudson, to adjourn the meeting at 9:05 p.m. Ayes: Hendrickson, Cocking, Hudson, Olson and Peach. Nays: None. Absent. None. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly A odena, City Clerk City Council Meeting Minutes Page 9 Regular Meeting of October 2, 2017