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2017-12-04 City Council MinutesNbertville ALBERTVILLE CITY COUNCIL Monday, December 4, 2017 APPROVED MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:04 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Cocking, Hudson, Olson and Vetsch Absent: None Staff Present: City Administrator -PWD Adam Nafstad, City Attorney Mike Couri, Fire Chief Eric Bullen, City Planner Alan Brixius, Finance Director Tina Lannes and City Clerk Kimberly Hodena Others Present: Richard Helde, Troy Hanson, Tim Olson, Jeff Weyandt, Rebecca and Frank Halling, Doug Carlson, David Pattberg, Tami Dehn 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS - None 4. PUBLIC FORUM There was no one present for the forum. 5. AMENDMENTS TO THE AGENDA Motioned by Cocking, seconded by Olson, to approve the Agenda as presented. 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 November 20, 2017 regular City Council meeting minutes as presented B. Authorize the Monday, December 4, 2017 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. Release Letter of Credit No. 2220 in the amount of $9,273 and held as security for the Hunters Pass 2nd development, conditioned on any outstanding balances owed to the City being paid in full Motioned by Cocking, seconded by Olson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 7. Public Hearings A. Evans Park, Inc. Refunding Bonds Richard Helde, of Dorsey & Whitney, LLC and Troy Hanson of Evans Park, Inc. were present at the meeting. Helde reported that the City of Albertville has issued conduit debt for Evans Park Inc. in 2013. Evans Park is now seeking to refinance those bonds under the City of Otsego. Albertville must provide its consent in order for the refinance to go through. Mayor Hendrickson opened the public hearing and called for comments. There were no comments. Motioned by Vetsch, seconded by Olson, to close the public hearing. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. Motioned by Cocking, seconded by Hudson, to approve resolution No. 2017-045 consenting to the issuance of refunding revenue bonds under Minnesota statues, chapter 462c, by the City of Otsego, for the refunding of outstanding revenue bonds issued by the City of Albertville. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. B. Small Cell Wireless Ordinance Amendments to the Right of Way and Zoning Chapters of the Albertville City Code Brixius reported on the new law that cities must allow small cell wireless facilities in the public right of way. The equipment can be located on City -owned equipment such as power poles or street lights. Equipment may also be newly installed up to 50 feet tall. Cities cannot prohibit the location of the facilities in the right of way, but may prohibit them on private property. Cities may require a conditional use permit if the location is within or adjacent to a residential zoning district. Brixius stated the zoning code must be amended to accommodate the small cell wireless facility location by CUP. The CUP would address high quality building materials and require the support structure to be located near the corner of the lot. The City's right of way ordinance must also be amended to address location in the right of way. Brixius stated one area of concern deals with the City's utility lines and staff recommends a 15 foot setback from utility lines. Applicants would be required to pull a right of way permit and/or enter into an agreement with the City if locating on City structures. City Council Meeting Minutes Regular Meeting of December 4, 2017 Paget Hendrickson opened the public hearing and called for comments. There were no comments. Motioned by Vetsch, seconded by Olson, to close the public hearing. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Olson inquired if there was anything that would prohibit placement of a structure on a home and Brixius replied there is not. Motioned by Hudson, seconded by Cocking, to adopt Ordinance No. 2017-11 amending the Zoning Ordinance relating to small cell wireless facilities. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Olson, seconded by Hudson, to adopt Ordinance No. 2017-12 amending Chapter 2, Right of Way Management. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. 8. Department Business A. Planning/Zoning 1). Karston Cove 4th Addition Concept Plan Brixius provided a history of the Karston Cove 4th Addition and stated it is currently platted as an outlot. He stated the developer, Centra Homes North, felt that attached townhomes are not what the current market is seeking and they hope to build 9 single family homes on the outlot instead. He stated that part of their development application was approved in 2016 with several conditions. One of those conditions was that any homes built would need to join the home owners association (HOA) to the north. Brixius stated that Centra Homes and the HOA are at an impasse and Centra Homes felt integrating with the HOA would not be feasible. He explained that the HOA and any new development would not have similar needs or expenses. The president of the HOA did submit a letter to the City Council stating the HOA would like to be notified when action is going to be taken on the outlot and that the HOA would like any development to be as close to the original plan as possible. Brixius further explained that if single family homes were to be allowed, the outlot would need to be rezoned as well as a planned unit development application. Dave Pattberg, Centra Homes, stated that a new wetland delineation was needed and since the 2004 original platting, the wetlands have grown in size. He felt the single family lots would work better with the smaller development size now. Pattberg provided sample elevations of the type of housing they were seeking to build. He stated that the private road from their original plan would not be feasible with the single family homes. Pattberg addressed the challenges they have had with the HOA. Vetsch stated that he hoped the HOA and Centra Homes could come to compromise, perhaps a one-time payment to the HOA. Council discussed the benefits and downside to requiring Centra Homes to join the HOA. City Council Meeting Minutes Regular Meeting of December 4, 2017 Page3 Hudson felt this is similar to when the City amended the City Code to not have the City enforce HOA covenants. He did not feel the City should be in the business of enforcing covenants and this is similar. He felt the situation has changed since 2004 and it is a new developer. Tami Dehn, lawyer for Centra Homes, reported that legally any new properties cannot join the HOA until their bylaws are amended to allow additional properties to join. The timeframe for that to happen has since passed and the bylaws would need to be amended. Brixius stated that to move forward they would need to rezone the outlot and hold the required public hearings. He inquired of Council if they felt single family homes would be out of place within the townhomes in the area. Council did not feel it would be out of place and realize that is what the market is driving. Pattberg felt they have heard what they needed to from the Council and they will move forward. B. Public Works/Engineering 1). Hunters Lake Water Budget Analysis Tim Olson and Jeff Weyandt were present to explain the water budget analysis. Olson reported on the impact of the lake with removal of the effluent. He explained there would be cycles of high and low water in the lake with an average decrease of approximately 6 inches of water to the lake's water level. He explained the water quality would most definitely improve and would help to restore the lake as it is currently considered an impaired water body. Nafstad added that wetlands would not be impacted and there would be minimal impact to School Lake. Council member Olson inquired if they could implement controls to help regulate the lake level such as a valve or gate. Nafstad replied they could but would recommend they see how it goes. He stated that additional water storage capacity is a good thing. Olson also reported that with the lower lake level, the lake would most likely freeze and the many carp in the lake would die. Council discussed removal of the carp from the lake. Olson stated that the study indicated there may be a possible blockage at the outlet channel but they plan to investigate that further. Motioned by Cocking, seconded by Olson, to accept the Hunters Lake Water Budget Analysis report. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. I. Administration 1). Towne Lakes 6th Addition Home Modifications — Handout at Meeting Nafstad stated that Henry Hansen was present to discuss possibly amending the design of the remaining end units of the townhomes being built in Towne Lakes 6th Addition. Hanson reported that their market research has since revealed that potential buyers are more interested in two story townhomes than single story townhomes. Therefore, they would like to change the single story end units on the remaining buildings to partial two story units. He and Doug Carlson presented the layouts of how the buildings would look. Vetsch would like to see the fagade broken up in some fashion, such as different siding types. City Council Meeting Minutes Regular Meeting of December 4, 2017 Page4 Motioned by Cocking, seconded by Vetsch, to allow the proposed changes to the remaining end units in the Towne Lakes 6r" Addition. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. B. Public Works/Engineering - Continued 2). Central Park Property Acquisition Nafstad reported that two properties along 58th Street are up for sale and the sellers have inquired if the City is willing to purchase each property. Hendrickson stated the Parks Committee would like to see the City purchase the property on the corner of 58th Street NE and Lander Ave NE for park expansion. Olson felt that unless a portion of the church property (dance studio) was obtained it didn't seem feasible to him. Brixius stated the area is zoned B-4 but it is really not suited for a B-4 zoning. Nafstad reported the lot on the corner of Main Ave NE and 58th Street NE makes sense to turn into parking as they will lose some parking with Central Park improvements and it could also be used for the Main Ave NE businesses. Hudson felt that makes sense but cannot see how the other would bring value to the park. Hendrickson stated the Parks Committee would like adjusting the location of some of the park amenities. Hudson felt they need to look at cost versus value. Nafstad stated that attendees at the park events sometimes gather at that property and the new owner may not be as tolerant as the current resident. Cocking felt the Council is charged with making the use of City resources (tax dollars) and he cannot see the cost of purchasing the lot as the best use. Council discussed holding a joint meeting with the Parks Committee. Couri stated there are really four moving parts to the situation: -address the church lot and access across the lot if not purchased -identify purchase prices -consider not only purchase price, but other costs involved -get estimates of additional costs Council directed staff to pursue the issues identified by Couri. C. City Council 1). Committee Updates Joint Powers Water Board Nafstad reported that the Board is looking to extend lines when the CSAH 18 Improvements occur. He had questions on ownership of the lines. D. Finance 1). 2018 Property Tax Levy and Final Budget Lannes reported there were no changes since the preliminary budget. Motioned by Cocking, seconded by Hudson, to Approve Resolution No. 2017-046 entitled a Resolution Adopting Property Tax Levy Collectible in 2018 (for 2.89%). Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. City Council Meeting Minutes Regular Meeting of December 4, 2017 Pages Motioned by Cocking, seconded by Hudson, to approve Resolution No. 2017-047 entitled a Resolution Adopting the 2018 Final Budget. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). Enterprise Funds Update Lannes reported that the sewer fund would need a base increase of $4.40 to fund operations, capital, and depreciation and would also need to be annually increased as well. The water fund would need an increase of $2.50 and continue to increase annually to fund operations, capital, and depreciation. The recycling fund has $76,797 and some is being used to buy down rate for residents. Currently, staff time is not being charged to the account which differs from the water and sewer funds. E. City Clerk 1). Polling Location Discussion Hodena reported that four years ago the City's one polling location was moved to STMA Middle School West because City Hall was no longer large enough to accommodate the number of voters. She stated that there are approximately 4,200 pre -registered voters and Albertville is one of the largest precincts in the state with only one precinct. Whether or not the precinct is split into two, Albertville needs additional judges and equipment. Election night results could be obtained faster due to having to process half of the overall ballots at each location. A graph showing the number of precincts that cities of comparable size was included. Cocking and Hudson felt it was time to split the precinct. Vetsch agreed. Council directed staff to move forward with splitting the precinct. F. Fire — None G. Building — None H. Legal —None I. Administration - Continued 2). Trailblazer Agreement Nafstad reported that Wright County has agreed to join Wright County Area Transportation (WCAT) and there is a joint powers agreement for the Council to approve. Each entity that is in WCAT will need to approve the agreement. Couri pointed out that Wright County will be a majority funding partner and will have 50% voting rights. Motioned by Olson, seconded by Vetsch, to approve the agreement between Wright County and Wright County Area Transportation Joint Powers Board relating to transit. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 3). City Administrator's Update Hendrickson stated that she has only heard good comments about the improvements to the CSAH 19 and 57th Street NE intersection. City Council Meeting Minutes Regular Meeting of December 4, 2017 Page6 Nafstad reported the agreement with Don's Bus has been executed for the additional parking for the ice arena. The parking lot has been graveled and parking stalls identified. He added that they have added stop signs near the entrance to the arena for safety. The signs have flashing lights to help drivers see them at night. 9. Announcements and/or Upcoming Meetings December 11 STMA Ice Arena Board, 6:00 p.m. December 12 Planning Commission, 7:00 p.m. December 18 City Council, 7:00 p.m. December 25 City Offices Closed, Christmas Day December 26 Joint Powers Water Board, 6:00 p.m. January 1 City Offices Closed, New Year's Day January 2 City Council, 7:00 p.m. January 8 STMA Ice Arena Board, 6:00 p.m. January 9 Planning Commission, 7:00 p.m. January 15 City Offices Closed, Martin Luther King Jr. Day January 16 City Council, 7:00 p.m. January 22 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. January 29 Joint Governance Meeting, TBD 10. ADJOURNMENT Motioned by Cocking, seconded by Hudson, to adjourn the meeting at 9:50 p.m. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly A. odena, City Clerk City Council Meeting Minutes Regular Meeting of December 4, 2017 Pagel