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2018-01-16 City Council MinutesIle ALBERTVILLE CITY COUNCIL Tuesday, January 16, 2018 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:03 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Cocking, Hudson and Vetsch Absent: Council member Olson 7:00 PM Staff Present: City Administrator -PWD Adam Nafstad, City Attorney Mike Couri, Fire Chief Eric Bullen, and City Clerk Kimberly Hodena Others Present: Sergeant Ben Schaap 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS - None 4. PUBLIC FORUM There was no one present for the forum. 5. AMENDMENTS TO THE AGENDA Nafstad added a proclamation as item 8A2. Motioned by Cocking, seconded by Hudson, to approve the Agenda as amended Ayes: Hendrickson, Cocking, Hudson, and Vetsch. Nays: None. Absent. Olson. 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 January 2, 2018 regular City Council meeting minutes as presented B. Authorize the Tuesday, January 16, 2018 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 Pay Estimate #I to Omann Contracting Companies, Inc. in the amount of $201,112.72 for 57th Street NE/CSAR 19 Intersection Improvements D. Authorize the purchase and installation of new fire alarm system for the Albertville Fire Hall, based on low quotes, for a total purchase amount not -to -exceed $5,454 E. Approve for publication the Summary Ordinance 2018-01 relating to the 2018 Fee Schedule F. Approve a One -Day Temporary Consumption and Display Liquor License for February 10, 2018 for the Albertville Fire Hall, located at 11350 57th Street NE and approve an exemption from the prohibition of consumption of liquor at the Fire Hall for February 10, 2018 Motioned by Cocking, seconded by Hudson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Cocking, Hudson, and Vetsch. Nays: None. Absent: Olson. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates Fire Board Cocking reported Otsego has an RFP out for Station Response Study. Bullen reported that calls for service are up and Otsego is increasing more. Vetsch inquired why calls were up. Bullen replied calls for both Albertville and Otsego are up, but Otsego growth is faster than Albertville. Cocking reported that a new engine is scheduled to be purchased and Bullen clarified it would be ordered in 2018 and delivered in 2019. Cocking reported the Relief Association wanted him to relay their apologies for missing the Council meeting when the relief pension was discussed and wanted to thank Council for the increase in benefit. Planning Commission Hudson reported the Commission approved a Conditional Use Permit for additional outdoor storage for Border States Electric. Staff shared with the Commission a proposed amendment to the private kennel ordinance. Currently, the City only allows two dogs per property and staff has received complaints in the last year of properties that have more than two dogs. Private kennels allow up to six dogs, but having the license does not abate the nuisance issues. The proposed change would still only allow two dogs with the option to have three if at least one meets the State definition of a service dog. The Planning Commission was split in their discussion of the amendment. Two members felt that comfort or therapy dogs should be allowed as well. Hudson added there was also a zoning amendment that outlines standards for commercial kennels and Hodena stated that must have a public hearing. City Council Meeting Minutes Page 2 Regular Meeting of Tuesday, January 16, 2018 2). Proclamation Hendrickson stated there are a number of cities proclaiming February 15, 2018 as "Not for Sale Day" to raise awareness about sexual exploitation and trafficking. Motioned by Hudson, seconded by Cocking, to approve the proclamation. Ayes: Hendrickson Cocking, Hudson, and Vetsch. Nays: None. Absent. Olson. MOTION DECLARED CARRI, B. Legal 1). Amendment to Towne Lakes 6th And 7th Addition Development Agreements Couri reported that the developer has inquired if the landscaping escrow in the development agreements can be used towards the $2,000 per lot escrow required by the Towne Lakes Homeowners Association (HOA). The developer's costs have increased significantly and this would help to free up cash for the developer. Couri stated that staff is not recommending that the total escrow be increased and stated they believe there would not be more than $20,000 needed at any one time (10 lots at $2,000). The HOA is willing to go along with this arrangement, but only if the City - held escrow is put up. There is sufficient escrow held by the City in excess of the $20,000. Couri reported the bank that issued the letter of credit for the landscaping escrow will need to sign off on the arrangement as well. Cocking stated the HOA had concerns because landscaping is generally the last item to be completed and they did not want to see it get overlooked. Hendrickson inquired about the timeline for these developments. Nafstad replied that townhomes are being built in the 6th Addition and there are six single family lots ready for homes to be built. Utility and road construction on the 7th Addition and Hunters Lake Estates will resume in the spring. Motioned by Cocking, seconded by Hudson, to approve First Amendment to Conditional Use Planned Unit Development Agreement Towne Lakes 7th Addition and Third Amendment to Planned Unit Development Agreement Towne Lakes 6th Addition, contingent on approval of the same by the Sentry Bank. Ayes: Hendrickson, Cocking, Hudson, and Vetsch. Nays: None. Absent: Olson. MOTIONDECLARED CARRIED. 2). City Attorney Report Couri reported that he has seen one sample of Charter's franchise renewal for another city. He stated the cable franchises are not exclusive in Albertville and there can be more than one provider in the City. Hendrickson would like to make sure all cable providers are listed on the website. C. Public Works/Engineering 1). Ordinances Relating to Storm Sewer System Nafstad reported that due to the City's new requirements under its MS4 permit, there are a number of new regulations that city must put in place. The proposed ordinances pertain to prohibiting non- stormwater discharge, establishing requirements for erosion and sediment control, and addressing post—construction stowmwater management activities. The MPCA requires these ordinances to be in place within 12 months of the MS4 permit issuance. He added that there will be additional requirements that will need to be put in place in the future related to maintenance plans, inspection plans, and public awareness of stormwater. City Council Meeting Minutes Page 3 Regular Meeting of Tuesday, January 16, 2018 Motioned by Vetsch, seconded by Hudson, to adopt Ordinance No. 2018-02 Amending Section H- 7-10 of the Albertville City Code relating to Drainage and Stormwater Management Standard in the City of Albertville. Ayes: Hendrickson, Cocking, Hudson, and Vetsch. Nays: None. Absent: Olson. MOTIONDECLARED CARRIED. Motioned by Hudson, seconded by Cocking, to adopt Ordinance No. 2018-03 Amending Section H-7-12 of the Albertville City Code relating to Erosion and Sediment Control Standards Associated with Subdivision of Land within Albertville. Ayes: Hendrickson, Cocking, Hudson, and Vetsch. Nays: None. Absent: Olson. MOTIONDECLARED CARRIED. Motioned by Cocking, seconded by Hudson, to adopt Ordinance No. 2018-04 Establishing Chapter 8, Illicit Discharge Detection and Elimination. Ayes: Hendrickson, Cocking, Hudson, and Vetsch. Nays: None. Absent: Olson. MOTIONDECLARED CARRIED. D. Fire —None E. Finance — None F. City Clerk — None G. Planning/Zoning — None H. Building — None I. Administration 1). City Administrator's Update Nafstad reported that staff has received a development application for Kwik Trip for the Knechtl property located in the northeast corner of the I-94/CSAR 19 intersection. Vetsch inquired if the property would have a right in, right out entrance and Nafstad replied it would. Cocking inquired if they would need easement(s) from the outlet mall and Nafstad stated they will need to coordinate with the mall. Cocking commented that the lot seems small for the C -store, parking lot, and car wash. Nafstad reported they plan to utilize the whole lot and the use would require a CUP, and the city could require specific conditions of the site. Cocking inquired if the applicant would need to submit some type of bond to cover costs associated with any potential gas leaks. Couri explained that the owner of the property is responsible to cover any leaks and there are reporting and testing requirements at the State level. Couri further explained that the owner would need to maintain their own stormwater pond; the City would need easement over that. Vetsch felt it will be a very congested intersection. Nafstad agreed and stated staff is aware of the current issues at Mall's signal and those identified in the Mall of Entertainment AUAR. Nafstad noted there are planned improvements occurring in 2019 and 19 and suggested that signal improvements at the Mall be included. City Council Meeting Minutes Page 4 Regular Meeting of Tuesday, January 16, 2018 Nafstad reported that the application will have a public hearing at the February Planning Commission meeting. Nafstad reported that the Joint Powers Water Board will be replacing and extending the water main along 50th Street NE in 2018. The original main was put in during 1977, which is often called the EDA watermain or the Joint Powers watermain. Nafstad identified the mains that were owned by Albertville and the ones owned by Joint Powers. He stated there is a gap in the main under I-94, as there is on the main going the tower. He stated that replacement policies need to be equitable to all entities of Joint Powers Water and stated that Albertville has been treated differently than this in the past. He noted in the past watermain was not replaced as part of projects in Albertville and that Albertville has always been told Joint Powers only owns what was built as part of the 1977 plan. He wants to be sure improves related to capacity expansion are done using development fees and not rates. He would also like to see Joint Powers do the utility locates for Albertville as it does for St. Michael; currently Albertville staff does the locates in Albertville. Nafstad reported staff purchased a used speed trailer on MnBid, which was quite a bit less expensive than a new speed trailer. He stated he receives a good number of speeding complaints and this will be useful to locate around town. Cocking inquired about the location of the complaints and Nafstad replied it is mostly 51St Street NE, 57th Street NE, Kassel Avenue NE, and Karston Avenue NE. Couri stated that speed trailers are generally very effective. Nafstad reported the State of the Cities will be held in St. Michael on January 30. Nafstad stated that Henry Hanson has requested to present concepts for the Heuring property along CSAH 19. The concept would be multi -family and townhomes. Vetsch stated that during previous conversations, the Council had indicated that apartments were not a fit for that location. Hendrickson felt they need to see the concept and should allow the developer the opportunity to present the concept. 9. Announcements and/or Upcoming Meetings January 22 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. February 5 City Council, 7:00 p.m. February 12 STMA Ice Arena Board, 6:00 p.m. February 13 Planning Commission, 7:00 p.m. February 19 City Offices Closed, President's Day February 20 City Council, 7:00 p.m. February 26 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. City Council Meeting Minutes Page 5 Regular Meeting of Tuesday, January 16, 2018 10. ADJOURNMENT Motioned by Hudson, seconded by Cocking, to adjourn the meeting at 8:03 p.m. Ayes: Hendrickson, Cocking, Hudson, and Vetsch. Nays: None. Absent: Olson. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly Y. Hodena, City Clerk City Council Meeting Minutes Page 6 Regular Meeting of Tuesday, January 16, 2018