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2013-11-04 CC Packet City of Albertville Council Agenda Monday, November 4, 2013 City Council Chambers 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. M:\Public Data\City Council\Council Agendas\2013 Agendas\110413 Council Agenda.doc Meeting Date: November 4, 2013 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations - Introductions 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 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 October 21, 2013 regular City Council meeting minutes as presented (pgs1-9) B. Authorize the Monday, November 4, 2013 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 (pg 10) C. Approve Lions Gambling Permit for the Willy McCoy’s location (pgs 11-12 ) 7. Public Hearings - None 8. Department Business A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Joint Fire, Parks, etc.) B. Finance 1). Certification of Outstanding Utility Bills and Invoices (pgs 13-17) (Motion to Approve Resolution No. 2013-039 entitled a Resolution Certifying the 2013 Uncollected Utility Bills and invoices to Wright County for Collection with Real Estate Taxes.) City of Albertville Council Agenda Monday, November 4, 2013 Page 2 of 3 M:\Public Data\City Council\Council Agendas\2013 Agendas\110413 Council Agenda.doc Meeting Date: November 4, 2013 C. City Clerk - None D. Public Works / Engineering - None E. Planning 1). STMA Ice Arena Expansion (pgs 18-22) 2). 11473 58th Street NE Property (pgs 23-27) F. Building - None G. Legal - None H. Administration 1). City Administrator’s Update (pg 28 ) 9. Announcements and/or Upcoming Meetings November 2 STMA United Soccer Club Open House, 10:00 a.m.-2:00 p.m. November 11 Veterans Day, City Offices Closed November 12 STMA Ice Arena Board 6:00 p.m. Planning Commission, 7:00 p.m. November 18 City Council, 7:00 p.m. November 25 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. November 28/29 Thanksgiving, City Offices Closed December 2 City Council, 7:00 p.m. December 9 STMA Ice Arena Board, 6:00 p.m. December 10 Planning Commission, 7:00 p.m. December 16 City Council, 7:00 p.m. December 23 Joint Powers Water Board, 6:30 p.m. December 25 Christmas Day, City Offices Closed NOVEMBER DECEMBER Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 1 CC 2 3 4 5 6 7 3 CC 4 5 6 7 8 9 8 Ice 9 PC 10 11 12 13 14 10 H 11 Ice PC 12 13 14 15 16 15 CC 16 17 18 19 20 21 17 CC 18 19 20 21 22 23 22 JP23PK 24 H 25 26 27 28 24 JP25 26 27 H28 29 30 29 30 31 City of Albertville Council Agenda Monday, November 4, 2013 Page 3 of 3 M:\Public Data\City Council\Council Agendas\2013 Agendas\110413 Council Agenda.doc Meeting Date: November 4, 2013 10. Move into Workshop – 70th Street NE Agreement (handouts to be distributed at workshop) 11. Adjournment ALBERTVILLE CITY COUNCIL Monday, October 21, 2013 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER – PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:05 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch, and Wagner Absent: None Others Present: City Administrator-PWD Adam Nafstad, City Attorney Michael Couri, City Planner Alan Brixius, City Clerk Kimberly Olson, Senator Mary Kiffmeyer, Susan Dixon, Wally Odell, and Wayne Elam 3. RECOGNITIONS, PRESENTATIONS, INTRODUCTIONS Senator Mary Kiffmeyer introduced herself and reported that for Albertville the biggest item she has been working on has been the I-94 expansion from Rogers to Highway 241. She stated it is important for economic development and she is dedicated to working hard to get a road that is so badly needed. She added that it is very competitive to receive funding for road expansion. Kiffmeyer stated the Legislature has passed an exemption on sales tax for cities and she has estimated that could create a savings of approximately $173,000 that would have otherwise been sent to the State. She also stated the City will receive Local Governmental Aid, but suggested the City not incorporate those funds into the budget until received. She inquired if there were specific issues the City Council would like her to work on. Vetsch inquired what year the sales tax exemption would apply. Kiffmeyer replied it would be the next fiscal year or in Albertville’s case, 2014. Hendrickson thanked Kiffmeyer for speaking. Kiffmeyer stated she would like to stay for the remainder of the meeting to see the issues that face the Albertville City Council. She encouraged any members of the Council or the public to contact her at 763-639-8058. 4. PUBLIC FORUM Susan Dixon, 11816 54th Street NE, stated that she has the property that experienced flooding in June. She stated that she is very frustrated and has now received her third letter from the League of Minnesota Cities stating they need more time to investigate the claim. She stated that she has not heard from the City and wants to know what the City has done to move her claim forward. She Agenda Page 1 expressed concern that the Council has approved a utility vehicle and she has also watched a wooden boardwalk be constructed while she still has no carpet in her basement and no resolution to the claim she filed. She stated she is very upset and disappointed. Couri replied the League has sent over several questions to the Administrator that he has answered and Couri believes they are working with their claims adjusters and attorneys to see if there is liability on the City’s part. Couri stated the City cannot expend public dollars on a private property issue. Hendrickson stated she has been in contact with the Administrator to see what has been done to move the claim along. She stated that the Council approved an improvement project for that area in 2014. Hendrickson clarified that the boardwalk is an Eagle Scout project where the scout fundraised almost all of the funds himself. Vetsch inquired from the City Attorney if it generally takes this long for the League to respond. Couri replied that it almost always takes at least thirty days and it seems to him that based on the questions given to the Administrator to answer, the League is being very thorough in their investigation on whether the City holds any liability or not. Hendrickson stated that all of them feel badly about what happened, but hopes Ms. Dixon can see why the City cannot take action until the investigation is over. Nafstad stated that the League has requested some fairly significant discovery questions and data and staff is in the process of providing that information to the League. Nafstad stated that staff is continuing to move forward with the improvement project for increased storm water capacity. Vetsch encouraged staff to move the claim along as quickly as possible. Couri again recommended the Council not spend public funds on a private problem and they must wait to see if the City is liable. He stated that if a lawsuit were filed against the City, the City could deem that it would be cheaper to settle a lawsuit rather than go to trial and that would be the only way he could see that public funds could be used. Olson asked if this is the first time a claim has gone to the League for this issue. Nafstad reported he believes it is and Olson asked how many total claims were filed. Nafstad replied there are four total and each one has its own investigation. Vetsch asked when the 2014 improvements will begin. Nafstad replied they would bid the project in early spring 2014 with construction in late spring/early summer. Dixon inquired if the project has been approved. Nafstad stated that it was dedicated in the budget process, but plans and specs will come before Council for approval in 2014. Vetsch stated that he and the whole Council is in support of the improvement project and will move to approve it in 2014. 5. APPROVAL OF THE AGENDA Wagner would like to add Public Institutional Space on the Zoning Map under Planning. Agenda Page 2 Motioned by Vetsch, seconded by Olson, to approve the agenda as amended. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by 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 October 7, 2013 regular City Council meeting minutes as presented B. Authorize the Monday, October 21, 2013 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. Approve purchasing a Kubota RTV 500 utility vehicle for the Parks Department at a cost of $8,450. Motioned by Olson, seconded by Hendrickson, to approve the consent agenda as presented. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 7. PUBLIC HEARING – None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates STMA Ice Arena Board Sorensen reported they have authorized bidding for the roof repairs. He stated the Youth Hockey Association informed the Board they would be putting in an outdoor ice rink. He stated the Association will be preparing the rink in the spring of 2014 for it to be in place for the following winter. Nafstad stated the Association is in negotiation for a lease with the School Board for the site. Anticipated plans include bleachers and lights, and staff will be discussing the proposal in the coming weeks. B. Public Works and Engineering 1). Public Works General Update Guimont informed Council that staff checks the 54th Street NE/Barthel Industrial Blvd NE catch basin first thing whenever there is a storm. He also let Council know that a Public Works employee donated his time to oversee the boardwalk project. Guimont thanked Council for approval of the utility vehicle. Nafstad inquired about holiday lights. Guimont stated the Lions would like to put in receptacles on 57th Street NE for holiday lights. Public Works has some old decorations they can refurbish. Agenda Page 3 Hendrickson inquired about plans for a holiday tree in Central Park. Guimont stated it hasn’t been finalized, but they would only plant the tree this year and not decorate. He will bring it forward when he hears more from the Lions. Hendrickson stated that her only issue would be to consider calling it a holiday tree rather than a Christmas tree. C. Planning 1). Zoning Map Amendment for Darkenwald Holdings, Ltd. Brixius stated John Darkenwald is applying for a re-zoning of three parcels just over 88 acres from I-1 Limited Industrial District to B-2A, Special Business District. The B2-A district will allow for a mix of uses compatible with the existing commercial development in the area. The applicant is in the initial phase of planning for a hospitality, entertainment and retail complex and needs the re-zoning for financial reasons showing the City is supportive of further planning to proceed. No detailed plans have been submitted at this time. Brixius stated that the new zoning would have higher performance standards than the I-1 Limited Industrial District and would also fall in line with the goals of the 2012 Visioning Study. Brixius stated a public hearing was held by the Planning Commission and they recommended approval at their last meeting. Motioned by Sorensen, seconded by Wagner, to adopt Ordinance No. 2013-09 amending the official Zoning Map of the City of Albertville, relating to the Darkenwald Holdings, Ltd. Property located at 10395 70th Street NE in the City of Albertville. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). Conditional Use Permit for an Oversized Accessory Structure for the Property Located at 12455 60th Street NE Brixius reported the applicant is seeking a 2,400 square foot detached storage building in addition to the attached garage at the property. The purposed building will be used for vehicle, boat, and equipment storage. The height of the building will be 19.5 feet which exceeds the 16 foot height limit for accessory buildings. The Planning Commission held a public hearing and heard concerns about the accessory building being used for commercial uses or outdoor storage of vehicles. The applicant indicated he had no intentions of using the building for business purposes. Brixius stated that staff has added conditions to the Conditional Use Permit prohibiting commercial business or home occupation in the building. The Planning Commission recommended approval of the Conditional Use Permit with those conditions. Motioned by Wagner, seconded by Hendrickson, to adopt Resolution No. 2013- 037 approving a Conditional Use Permit for an oversized accessory structure located at 12455 60th Street NE in the City of Albertville. Ayes: Hendrickson, Agenda Page 4 Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 3). Conditional Use Permit for a Drive-Through Service Lane for Red Roosters Properties, Inc. for the Property Located at 5952 Large Avenue NE Brixius stated that the property is zoned B-3 and is being considered for purchase. The applicant is looking to reestablish the convenience store, fuel sales, auto repair, and fast food sales. They will not be re-opening the drive-through car wash. The location is a challenge for a drive-through lane and will require conditions that the applicant will need to meet. The Planning Commission held a public hearing and concerns were raised about pedestrian access to the building and vehicles in the drive-through lane. The Commission recommended approval with the following conditions: • Pedestrian signage at the pedestrian crossing • A fence between the sidewalk and the drive-through lane to improve pedestrian safety • There will need to be a raised median to establish the queue lane • Bollards are to be located at key locations • No stacking of vehicles into the public street right-of-way • Resurface and striping of the lot Brixius stated the applicant has proposed a six car queue lane and the menu board will be located in such a way that it will prevent vehicles in the queue lane from moving into the pedestrian crossing. He reviewed the recommended placement of bollards. He also reviewed how diesel trucks would gain access to and exit the site. Brixius stated that the Planning Commission recommended approval on a 2-1 vote and the vote against was due to the proximity of the fast food business to a business of a similar nature. Brixius explained that if the applicant can meet all the conditions, the City Council may determine the drive-through is appropriate at the location. Vetsch had concerns that there was no exit on the north side of the building. Olson had concerns about trucks accessing and exiting the site for diesel fueling. Council asked the applicant if they had experience with fast food drive through and convenience stores. The applicant replied he owns six other Taco Johns and several convenience stores. Vetsch expressed his concerns about parking at the site. Wagner stated that there are conditions in place if it doesn’t work. Sorensen stated that there are other fast food drive-throughs that are also retrofitted for a specific site and he felt the public will get use to the lay out. Olson stated that there are many types of businesses at the site and if that will pose a problem. Brixius replied that all those businesses are allowed and were a previous use for the site and only the drive-through lane is new. Agenda Page 5 Motioned by Sorensen, seconded by Wagner, adopt Resolution No 2013-038 approving a Conditional Use Permit for a drive-through service lane for the former Sunoco property located at 5952 Large Avenue NE within the City of Albertville. Ayes: Hendrickson, Olson, Sorensen and Wagner. Nays: Vetsch. Absent: None. MOTION DECLARED CARRIED. 4). Public Institutional Zoning Wagner stated that he noticed the old convent property was for sale by 58th Avenue NE and Main Avenue NE. He inquired if the Council would be interested in possibly purchasing the property and incorporating it into the Public Institutional area around Central Park. Brixius stated that the property has had many code enforcement issues and the Council would have to determine if this is the right time to purchase and if the City could afford it. He stated if the property is occupied there may be some relocation costs and if not, they could get an appraiser and make an offer. Wagner felt that it would be nice to have that corner as part of the overall Public Institutional area. Vetsch stated that the lot has another lot that wraps around the parcel. Olson stated that is listed for sale at $64,900 and built in 1904. Council directed staff to gather information on the property and report back to the Council. D. Finance – None E. City Clerk – None F. Building – None G. Legal – None H. Administration 1). County Road 37/70th Street NE Agreement Nafstad stated the cities of Albertville, Otsego, and St. Michael have worked to prepare a draft agreement for the coordination of 70th Street NE improvements. He felt this is more of a coordination agreement amongst the cities. He stated the agreement identifies how the 70th Street NE corridor will be built in time. The key Albertville issues are: • Wright County will take over the road after the 70th Street NE improvements are made from CSAH 19 to Oakwood Avenue NE • The entities will seek federal funding to improve CSAH 19 and 70th Street NE • CSAH 37 will be re-designated as County Rd 137 • The agreement does not bind any entity to pay for the CSAH 19 or 70th Street NE Agenda Page 6 Nafstad stated he spoke with Wally Odell earlier in the day about 70th Street NE west of CSAH 19. Vetsch questioned what the plan is for CSAH 37 west of CSAH 19. Nafstad replied that ultimately it would be to move it north of I-94 to meet up with 70th Street NE. Vetsch questioned what the long range plan was for this agreement. Odell stated that he is a resident of Otsego and stated that his concern is that not enough discussion has been held regarding some of the language that was in included in the agreement. He stated that there were changes from an original draft to the one before Council tonight. He stated that both Otsego and Albertville need as much help as they can get for 70th Street NE improvements and getting traffic over to the commercial properties in Albertville. He asked Council to table the item for the night to hold more discussion in later meetings. He would like to see Council get more information before approving the agreement. Couri stated the agreement tried to avoid laying out who will fund 70th Street NE improvements. He stated it is an agreement to agree to meet in the future about CSAH 19 and 70th Street NE. However, it does not bind any entity at this point. He said it is a general understanding to apply for federal funding and to meet in the future to decide how to apply the federal funding and how CSAH 19 and 70th Street NE improvements will proceed. He stated that it keeps CR 37 as a County Road and relieves Albertville of 70th Street NE between CSAH 19 and MacIver Avenue NE. Hendrickson stated that she had a hard time with some of the language. Couri stated there was also some language they worked to have taken out. Couri stated the agreement still needs to go to the Wright County Board for approval and they felt a united front between the cities would help their cause. Nafstad thought the agreement is more critical to Otsego for them to move forward with their 2014 projects. He stated that funding applications will be accepted soon for Region 7W transportation funds. Brixius stated they may have better success to receive funding with an application from all entities in the agreement. Hendrickson would like to see the vision for the corridor completed. Odell stated that there are sometimes unintended consequences of a good faith effort. He stated that it could be seen that there is support for an interchange at Naber Avenue NE and it could make it difficult to ever get an interchange at Kadler Avenue NE. He just wants to see it developed the right way. Hendrickson had concerns with where funds would go first. Nafstad stated that funding should be the least of concerns with the agreement because it is very competitive and funding is limited and will definitely not fund the projects entirely. Agenda Page 7 He finds the agreement beneficial because the City would not be assuming a road with high traffic volumes and it prioritizes these projects as a joint effort. Sorensen asked, if in discussion with Wright County staff, if 70th Street NE west of CSAH 19 was discussed and Nafstad stated it was not in relation to this agreement. He stated that there is only one resident in that area right now. Vetsch would like to see a workshop to discuss each point in the agreement. He would like to be sure that the Council understands the entirety of the agreement and he agrees with Mr. Odell that more discussion be had. Couri stated that would be a good move on the Council’s part. He added, however, they should refrain from mentioning any financial obligations. Olson questioned how the City would look if they pursue funding for 70th Street NE and CSAH 19 rather than funding for I-94. Nafstad stated that I-94 would not be eligible for Region 7W transportation funds. Kiffmeyer stated that she attended a recent Otsego City Council meeting on the same topic, so a workshop makes sense to her. She stated that interchanges are very difficult to get and it looks like the 70th Street NE improvements would be attainable much sooner. She would like to see I-94 widened to CSAH 19 and she will work on that in the next Legislative session. Nafstad stated that Naber Avenue NE does have approval from MnDot for an interchange, but not Kadler Avenue NE yet. Hendrickson would like to show support for the other cities, but wants to be sure they do their due diligence. Council set a workshop meeting immediately following the November 4, 2013 regular City Council meeting. 2). City Administrator’s Update Nafstad stated that work on the old Public Works Building (5964 Main Avenue NE) is mostly complete and the Soccer Club is hoping for an opening in November. He stated that it is under budget. Olson inquired if striping will be done at the City Hall parking lot. Nafstad reported that all contractors are booked out and it has been difficult to get a commitment, so he feels that neither the Fire Hall nor City Hall lots will be done this year. 10. ANNOUNCEMENTS and/or UPCOMING MEETINGS Hendrickson announced that she recently spoke at Middle School West on leadership and she will be sending letters to all recipients of the Leadership Awards that were given out. October 28 Joint Powers Water Board, 6:30 p.m. November 4 City Council, 7:00 p.m. November 11 Veterans Day, City Offices Closed Agenda Page 8 November 12 STMA Ice Arena Board, 6:00 p.m. Planning Commission, 7:00 p.m. November 18 City Council, 7:00 p.m. November 25 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. November 28 Thanksgiving Day, City Offices Closed November 29 City Offices Closed 11. ADJOURN MEETING Motioned by Hendrickson, seconded by Wagner, to adjourn the meeting at 9:17 p.m. Ayes: Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 9 October 30, 2013 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, November 4, 2013 payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 10 October 30, 2013 SUBJECT: CITY CLERK –ALBERTVILLE LIONS CLUB GAMBLING PERMIT – WILLY MCCOY’S RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: MOTION TO: Approve Resolution No. 2013-040 entitled a Resolution Approving a Gambling Permit for the Albertville Lions at Willy McCoy’s located at 5651 LaCentre Avenue NE within the Albertville city limits as presented. BACKGROUND: The Albertville Lions have sold Pull-tabs, Tipboards, Paddlewheels, and Raffles in various establishments within Albertville for many years. The Lions have submitted an application to the City for Council review and approval to allow such gambling within the Albertville city limits. KEY ISSUES: • Albertville Lions Club have submitted an application for a Gambling Permit to sell Pull- tab’s, Tipboards, Paddlewheels, and Raffles at Willy McCoy’s located at 5651 LaCentre Avenue NE within the Albertville city limits • It is the City’s policy to review and approve a gambling permit application for the selling of Pull-tab’s, Tipboards, Paddlewheels, and Raffles at establishments within the Albertville city limits. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit; however there is financial revenue collected by the applicant for charitable donations. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and direct staff to take action regarding all gambling permit and liquor license applications received by the City of Albertville. Responsible Person/Department: Kimberly Olson, City Clerk Submitted through: Attachments: Resolution No. 2013-040 Agenda Page 11 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2013-040 A RESOLUTION APPROVING APPLICATION OF THE GAMBLING LICENSE FOR THE ALBERTVILLE LIONS AT WILLY MCCOY’S WHEREAS, the Albertville Lions have made application with the Minnesota Charitable Gambling Control Board for renewal of its gambling license at Willy McCoy’s located at 5651 LaCentre Avenue NE, Albertville, MN WHEREAS, the Albertville Lions submitted said application to the City Council of the City of Albertville, and the application was reviewed by the City Council at a public meeting conducted November 4, 2013. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby approves the application for renewal of the gambling license for the Albertville Lions at Willy McCoy’s. Adopted by the City Council of the City of Albertville this 4th day of November 2013. Jillian Hendrickson, Mayor Kimberly Olson, City Clerk Agenda Page 12 October 29, 2013 SUBJECT: FINANCE DEPARTMENT – APPROVAL OF THE 2013 CERTIFICATION OF UNCOLLECTED UTILITY BILLS AND INVOICES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution No. 2013-039 entitled a Resolution Certifying the 2013 Uncollected Utility Bills and invoices to Wright County for Collection with Real Estate Taxes. BACKGROUND: On an annual basis, it is the City’s procedure to send notification to residents, developers, and other business owners that there are outstanding utility bills or invoices, allowing them sufficient time to pay such fees owed to the City. If such outstanding debt has not been paid before November 14, 2013, the City has the ability to certify such outstanding debt to the appropriate property that would be collected with the Real Estate Taxes. KEY ISSUES: The key issue regarding the outstanding debt is allowing the City to certify it to the property taxes ensuring collection. POLICY CONSIDERATIONS: It is the City’s policy to review and authorize staff to certify uncollected utility bills and outstanding invoices to Wright County for Collection with Real Estate Taxes. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of Certification list, which would be updated as payments are received up until November 14, 2013. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to authorize staff to certify pursuant to Minnesota State Law, which requires uncollected utility bills and invoices are paid in a timely manner, generally within 60 days unless one party determines dispute the billing. Responsible Person/Department: Tina Lannes, Finance Director Submitted through: Attachments: Resolution 2013-039 Agenda Page 13 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2013-039 A RESOLUTION CERTIFYING UNCOLLECTED UTILITY BILLS AND INVOICES TO WRIGHT COUNTY FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, the City Council is desirous of collecting all charges for the use of the wastewater treatment facility, the storm water system, water department, and charges for services invoiced; and WHEREAS, the City Council has determined that some sewer, storm water, water accounts and charges invoiced remain uncollected and delinquent. Exhibit A attached NOW, THERFORE, BE IT RESOLVED the City Council of Albertville, Wright County, Minnesota, hereby directs the Finance Director to certify all uncollected invoices, sewer, storm water, and water, accounts that have not been paid to the City on Thursday, November, 14, 2013, to the Wright County Auditor for collection with real estate taxes. BE IT FURTHER RESOLVED, the City Council hereby orders that delinquent accounts certified to the tax rolls will be assessed a ten percent (10%) interest charge by the City upon certification and the total assessment will be collectible along with the 2013 taxes. Adopted by the City Council of the City of Albertville this 4th day of November 2013. Jillian Hendrickson, Mayor Kimberly Olson, City Clerk Agenda Page 14 Exhibit A 2013 LIST OF UNCOLLECTED UTILITY BILLS AND INVOICES Property PID Amount Delinquency 11692 E. Laketowne Dr NE 101-093-010050 $920.50 rental license 5234 Kalland Court NE 101-103-002370 $328.65 weed elimination 5204 Kalenda Court NE 101-103-002210 $431.08 weed elimination 10556 62nd Street NE 101-097-002070 $164.33 weed elimination 11646 54th Street NE 101-022-003010 $905.00 rental license 5502 Kali Ave NE 101-079-001110 $603.34 administrative fine 11791 57th Street NE 101-025-002090 $106.67 vacant prop reg 5952 Large Ave NE 101-500-011220 $160.32 weed elimination 5569 Kalenda Dr NE 101-051-003100 $106.67 vacant prop reg 6355 Kahler Dr NE 101-042-001030 $920.05 rental license 6966 Lydia Circle NE 101-110-002160 $106.67 vacant prop reg 11473 58th Street NE 101-500-012101 $203.34 administrative fine 10236 Karston Ave NE 101-053-002110 $106.67 vacant prop reg 5438 Kali Ave NE 101-079-002050 $1,323.39 administrative fine 10101 Karston Cove NE 101-056-001180 $52.08 vacant prop reg 6475 W Laketowne Dr NE 101-083-005030 $916.29 rental license 11711 55th Street NE 101-011-004040 $920.05 rental license 6284 Kahler Dr NE 101-042-002090 $920.05 rental license 12440 58th Street NE 101-134-001030 $215.53 weed elimination 6440 64th Street NE 101-104-001030 $101.66 vacant prop reg 11465 54th Street NE 101-016-002020 $920.05 rental license 6181 62nd Street NE 101-036-002010 $916.29 rental license 10518 64th Way NE 101-069-002140 $100.00 vacant prop reg 5564 Main Ave NE 101-015-001040 $916.29 rental license 5514 Jason Court 101-074-002100 $927.55 rental license 6652 Lindwood Dr NE 101-101-002050 $908.79 rental license 5107 Kali Ave NE 101-071-003360 $543.30 weed elimination 5450 Kalland Ave NE 101-079-003050 $458.79 rental license 10644 62nd Street NE 101-036-001170 $103.61 vacant prop reg 5642 Lambert Ave NE 101-065-006070 $103.61 vacant prop reg 10516 51st Street NE 101-071-004070 $103.61 vacant prop reg 10649 62nd Street NE 101-036-002040 $103.33 vacant prop reg Space Aliens Restaurant 101-138-001020 $46.13 invoice 6752 67th Street NE 101-110-003010 $115.05 invoice 6229 Kahler Dr NE 101-042-001170 $920.05 rental license 6147 Kaitlin Ave NE 101-097-005070 $920.05 rental license 10384 49th Street NE 101-085-003010 $106.67 vacant prop reg 11398 54th Street NE 101-016-003020 $920.05 rental license 5642 Lambert Ave NE 101-065-006070 $164.33 weed elimination Agenda Page 15 5531 55th Circle NE 101-011-002160 $127.04 Utility Bill 10617 64th Lane NE 101-087-001230 $130.76 Utility Bill 5139 Kali Ave NE 101-071-003340 $132.07 Utility Bill 5720 Barthel Indus. Dr NE 101-500-011404 $134.32 Utility Bill 12445 58th Street NE 101-134-002030 $137.57 Utility Bill 11727 54th Street NE 101-022-005050 $145.70 Utility Bill 10537 51st Street NE 101-071-006060 $148.79 Utility Bill 6460 W. Laketowne Dr NE 101-083-004010 $155.31 Utility Bill 11746 54th Street NE 101-022-003071 $157.31 Utility Bill 11800 Lachman Ave NE 101-072-001010 $158.70 Utility Bill 6127 Kalland Dr NE 101-029-001110 $161.34 Utility Bill 5652 Lachman Ave NE 101-066-001050 $169.72 Utility Bill 10298 53rd Street NE 101-070-001090 $177.75 Utility Bill 5627 Lannon Ave NE 101-011-005020 $190.44 Utility Bill 5223 Kali Court NE 101-103-002230 $190.78 Utility Bill 5548 Kahler Dr NE 101-063-004010 $191.28 Utility Bill 10227 52nd Street NE 101-071-003080 $196.89 Utility Bill 11646 Barthel Indus. Dr NE 101-500-011225 $203.50 Utility Bill 10601 Karston Ave NE 101-055-002010 $87.78 Utility Bill 5419 Kali Ave NE 101-079-001030 $224.49 Utility Bill 11651 54th Street NE 101-022-005021 $114.46 Utility Bill 10847 Kantar Court NE 101-051-005020 $233.33 Utility Bill 10700 Kalland Dr NE 101-040-003150 $179.84 Utility Bill 5537 Kalenda Dr NE 101-051-003080 $256.56 Utility Bill 11206 68th Street NE 101-102-004210 $295.23 Utility Bill 11632 53rd Street NE 101-041-001070 $262.11 Utility Bill 10617 Kahler Circle NE 101-040-002150 $270.64 Utility Bill 4906 Kagan Ave NE 101-085-003190 $276.68 Utility Bill 6260 Kahler Dr NE 101-042-002120 $181.67 Utility Bill 11689 E Laketowne NE 101-093-011060 $282.99 Utility Bill 10628 56th Street NE 101-045-009140 $287.73 Utility Bill 5227 Kali Court NE 101-103-002240 $74.44 Utility Bill 10522 64th Lane NE 101-087-001140 $310.47 Utility Bill 10275 53rd Street NE 101-070-003100 $251.56 Utility Bill 10563 62nd Street NE 101-097-004110 $318.57 Utility Bill 4924 Kama Lane NE 101-096-006150 $319.27 Utility Bill 6901 Lydia Circle NE 101-110-002070 $324.17 Utility Bill 6304 Kahler Dr NE 101-042-002070 $124.68 Utility Bill 6249 Karston Dr NE 101-073-001150 $328.44 Utility Bill 10209 Karston Dr NE 101-053-007060 $331.26 Utility Bill 10486 Karston Ave NE 101-062-004140 $340.09 Utility Bill 11194 68th Street NE 101-102-004220 $347.92 Utility Bill 5553 55th Circle NE 101-011-002150 $348.99 Utility Bill 4947 Kassel Ave NE 101-096-006070 $372.35 Utility Bill 5545 Kahler Dr NE 101-063-001010 $378.55 Utility Bill 4980 Kalenda Dr NE 101-096-007250 $445.28 Utility Bill 5589 Main Ave NE 101-015-002020 $449.45 Utility Bill 10631 51st Street NE 101-071-006010 $472.91 Utility Bill Agenda Page 16 5390 Kalland Ave NE 101-079-003100 $490.72 Utility Bill 10413 61st Street NE 101-048-003070 $494.49 Utility Bill 5692 Main Ave NE 101-500-011305 $494.11 Utility Bill 10142 Karston Ave NE 101-058-002050 $549.66 Utility Bill 5414 Kali Ave NE 101-079-002070 $552.98 Utility Bill 10452 Karston Circle NE 101-068-001070 $431.94 Utility Bill 11473 58th Street NE 101-500-012101 $697.87 Utility Bill 6097 Karmen Ave NE 101-097-006060 $733.67 Utility Bill 10431 64th Way NE 101-069-002480 $839.53 Utility Bill 5605 Kalland Ave NE 101-051-006010 $934.02 Utility Bill 5123 Kali Ave NE 101-071-003350 $74.84 Utility Bill 5443 Kali Ave NE 101-079-001050 $96.10 Utility Bill 6623 Lamplight Dr NE 101-101-002250 $121.27 Utility Bill 10354 Karston Ave NE 101-062-003021 $224.90 Utility Bill 5295 Kahl Ave NE 101-071-002010 $23.37 Utility Bill 10322 Kali Ave NE 101-081-002280 $25.53 Utility Bill 10510 64th Lane NE 101-087-001120 $32.21 Utility Bill 5144 Kahl Ave NE 101-071-003010 $33.20 Utility Bill 10584 50th Court NE 101-071-006090 $34.21 Utility Bill 11800 Larabee Circle NE 101-022-007070 $36.83 Utility Bill 5227 Kali Court NE 101-103-002240 $38.08 Utility Bill 10550 58th Street NE 101-045-007190 $38.49 Utility Bill 5456 54th Circle NE 101-022-004040 $62.34 Utility Bill 6244 Kahler Dr NE 101-042-002140 $78.78 Utility Bill 6067 Kalland Dr NE 101-029-002030 $108.40 Utility Bill 5492 Kali Ave NE 101-079-001100 $135.20 Utility Bill 10740 57th Street NE 101-045-008220 $150.28 Utility Bill 10208 Karston Ave NE 101-053-002060 $163.45 Utility Bill 10572 64th Lane NE 101-087-001220 $178.93 Utility Bill 10664 58th Street NE 101-045-007100 $182.05 Utility Bill 10555 64th Way NE 101-069-002300 $197.25 Utility Bill 5457 Kagan Ave NE 101-070-002030 $334.29 Utility Bill 10501 Jason Lane NE 101-084-001090 $346.08 Utility Bill 11810 55th Street NE 101-025-002060 $294.18 Utility Bill 11571 57th Street NE 101-013-002080 $411.50 Utility Bill Agenda Page 17 MEMORANDUM TO: Adam Nafstad FROM: Emily Shively/Alan Brixius DATE: October 29, 2013 RE: Albertville – St. Michael-Albertville Ice Arena Expansion; Lachman Avenue NE and 60th Street NE FILE: 163.05 – 13.13 BACKGROUND The St. Michael-Albertville Hockey Association has been interested for a number of years in expanding their facilities to include a second sheet of ice. The long-term plan is to have a second indoor facility; however, at this time, the association is exploring the possibility of installing an outdoor, refrigerated sheet of ice on the parcel immediately south of the existing STMA Ice Arena. The property is currently owned by the St. Michael-Albertville School District. The proposal is to construct an approximately 110’ x 75’ ice sheet, install four light poles (one at each corner), place two bleacher areas along the north side, and add a warming house structure at the west end. The new facility will be located roughly in the center of the parcel. The association is considering a temporary dome structure to cover the ice sheet in lieu of a permanent building. Attached for reference: Exhibit A Preliminary Site Plan ISSUES AND ANALYSIS Vision Study and Central Park Master Plan. The STMA Ice Arena is highlighted in the 2012 Vision Study as an important community asset. The study notes that it is a priority to retain and expand the facility in the city. The Central Park Master Plan included the ice arena area in its recommendations in recognition of the fact that the two community- oriented recreational uses are in close proximity, and support and enhance the experience of the other. Agenda Page 18 Zoning. The proposed expansion site is zoned B-2A Special Business District. The proposed use could be considered a “Recreational Business” commercial use which is permitted in the district. It appears that the proposal will meet lot area and setback requirements. However, this proposal may not be able to comply with the B2-A zoning district landscaping requirements and architectural standards. Landscaping requirements dictate that an amount equal to a specific percentage of project costs be utilized for site landscape features. The architectural standards require that only brick, dimension stone, glass, stucco and its replicas, wood, rock faced block or aggregate precast concrete panels be used for building materials. Use of an inflatable dome to cover the facility would require a variance from architectural standards. The proposal, although it may be in place for some time, is intended as a temporary facility. As such, minimizing costs and investment in site features is seen as essential for the project to proceed. Rezoning. In order to accommodate the proposed expansion we are recommending a change in zoning for both the existing STMA Ice Arena parcel and the parcel to the south to P/I Public/Institutional District. The purpose of the district is to provide a specific zoning district for public and semi-public uses rather than the sale of goods and services, which is congruent with the current and proposed uses on these parcels. Public or semipublic recreational buildings and facilities (other than municipal) are conditional uses in the P/I district. The associated conditions include: A. The site is landscaped. B. The use is available to the public. C. The land area of the property containing such use or activity meets the minimum established for the district. D. The use meets the minimum setback requirements for principal structures. E. The site accesses on a minor arterial. F. The provisions of subsection 400.2F of the ordinance are considered and determined to be satisfied. The proposal is anticipated to meet these conditions. Furthermore, the P/I district does not have specific landscaping or architectural standards so the greater flexibility provided by the general building and performance standards is available for the landscape features and type of materials that may be used for the warming house and possible dome structure. Rezoning the two parcels to P/I is also consistent with the vision for the area presented in the Central Park Master Plan. The ice arena serves as a western gateway to the park and enhances the area as a regional recreation destination. Parking. The Central Park Master Plan notes that ice arena expansion, as envisioned in the plan, would necessitate the provision of approximately 200 parking spaces to Agenda Page 19 accommodate the increased use at the site. The majority of facility parking was to be located on the site where the second ice sheet is proposed. If the STMA Ice Arena facility were to be expanded as earlier envisioned, maintaining a light footprint on the parcel in question with temporary facilities would be preferred. The current proposal for arena expansion is substantially different and not as extensive as the one detailed in the master plan; however, the hockey association should provide an estimate of the anticipated parking demand and how they would accommodate vehicle parking on the site. Lighting. Outdoor lighting has been proposed associated with the second ice sheet. Lighting is regulated under Section 1000.10 (specifically 1000.10.F.1 and 3) which requires hooded or controlled fixtures so as not to light adjacent property and does not allow lighting past 11:00 p.m. The hockey association must submit lighting plans that describe the type of lighting proposed and a photometric plan to demonstrate compliance with Section 1000.10. Building Standards. With a rezoning to P/I district, greater flexibility is available with regard to building materials. A building elevation must be submitted to illustrate building height and materials. The hockey association must also submit a building floor plan for the warming house to show locations and square footage for areas such as a viewing/warming area, restrooms, concessions, equipment storage (Zamboni), and utilities (rink refrigeration equipment). Additional information associated with a dome structure must also be submitted if proposed. Grading and Drainage. An application for review must include a grading and drainage plan illustrating existing and proposed conditions. The site includes a portion of a delineated wetland and must comply with requirements outlined in Chapter 5000. A land excavation/grading permit may also be required depending on the extent of site work proposed. The plan should also indicate areas for snow storage from the adjacent arena parking lot. Seasonal Use. The application should include a narrative that describes how the site will be used in the off-season (storage of equipment, drainage of the ice sheet, other proposed uses, etc.). RECOMMENDATION The proposed ice arena expansion will provide a temporary facility to accommodate increasing demand for rink space until such time as a more permanent arena expansion becomes feasible. We are recommending that the City pursue a rezoning of the STMA Arena parcel (PID 101052001010) from B-3 Highway Commercial to P/I Public/Institutional District and the property to the south where the second ice sheet will be located (PID 101139001010) from B2-A Special Business District to P/I Public/Institutional District. The second parcel is currently owned by the St. Michael- Albertville school district who will need to be a party to the application. We are also Agenda Page 20 recommending that the hockey association submit a full application for site and building plan review in concert with the rezoning application. Agenda Page 21 EXHIBIT A Agenda Page 22 MEMORANDUM TO: Adam Nafstad FROM: Emily Shively/Alan Brixius DATE: October 29, 2013 RE: Albertville – 11473 58th Street NE; City Purchase Option - Former Convent/Parsonage Property FILE: 163.05 – 13.12 BACKGROUND At the October 21, 2013 city council meeting, it was noted that the former convent/parsonage property located at 11473 58th Street NE was listed for sale. This property has been identified as one of several adjacent to Central Park for possible redevelopment or city acquisition in the Central Park Master Plan: Future Use of Adjacent Properties Currently several residential properties border Central Park’s east end, between Main and Lander Avenues NE. The City of Albertville Proposed Land Use Plan guides this location for commercial development in the future. This area has been called out on the park master plan as the City may wish to consider how the timing for a transition to commercial development might coincide with park development. Alternatively, the City may consider whether or not the land might be integrated into Central Park, or otherwise contribute to park uses. There is no specific recommendation for the area at this time, but the City may want to reevaluate it in the future. Staff inquired as to the current status and existing conditions of the property to determine the availability for purchase and the likelihood of contamination or presence of hazardous materials in this older building that may present an issue if the building were to be demolished or repurposed. The property is a residential non-conforming parcel in the B-4 General Business District. Attached for reference: Exhibit A Aerial photo (Wright Co. GIS) Exhibit B Property photos (Showcase Properties, MN) Agenda Page 23 ISSUES The property at 11473 58th Street NE has been foreclosed and has been vacant since July 23, 2013. It was listed by Showcase Properties for $64,900. Staff spoke with a listing agent and was informed that there has been a purchase offer accepted for the property (as of October 25, 2013) contingent upon an inspection. Although an offer is pending, staff requested some additional information about the condition of the property. The realtor said that there has been no testing for lead or asbestos, but given the age of the property, if tested, he “almost guaranteed” that there would be some present. He thought that a significant amount of the original plaster had been removed and replaced with drywall that would have abated some of the lead paint. One posted photo associated with the listing showed drywall removed in a basement room (see Exhibit B). The realtor confirmed that they had a work order issued on the property to remove some “discolored” panels. He said they didn’t test for mold, and didn’t know what had caused the discoloration. The realtor mentioned that the house had been treated poorly, and that they removed approximately 60 yards of trash when the house was finally vacated in July. However, he said that the building is still in relatively good condition with original woodwork and stained glass, and could become a very nice home with some investment. The realtor confirmed that the parcel for sale was only PID 101500012101 (the house and lot) and not the adjacent parcel to the south and east (PID 101500012107). SUMMARY Although there has been an offer accepted on the property, staff is requesting direction from the city council on how to proceed if this or other parcels in the area become available for purchase in the future. Agenda Page 24 EXHIBIT AAgenda Page 25 11473 58th Street NE, Albertville (Showcase Properties, MN) EXHIBIT BAgenda Page 26 11473 58th Street NE, Albertville (Showcase Properties, MN) EXHIBIT BAgenda Page 27 City Administrator’s Update October 31, 2013 GENERAL ADMINISTRATION 5964 Main Avenue NE Lease: The renovated facility looks great! The Soccer Association will be hosting a public open house on Saturday, November 2nd. We are currently wrapping up final inspections and minor punchlist items. 54th and Barthel Intersection: Staff has been in continued contact with the League and we are working to assemble the information that has been requested by the League attorneys. 70th Street NE Agreement: Council and staff will be discussing the agreement and the requests made at the last meeting at the workshop session on November 4th. St. Michael has tabled the agreement to see if any changes will be made to the agreement and Otsego approved the agreement at their meeting on the 28th. Workshop materials will be distributed at the meeting. STMA Ice Arena: Earlier this week, staff met with the Consultants working on the dehumidification and roof plans. We are working towards a January bid opening and plan to take the ice out the 4th week of March (or as soon as the season ends). The Arena Manager is advising users that the ice arena will very likely be out of service between the end of the 2013/14 season and early August. Congratulations to Jacob Kreutner: Jacob Kreutner, from our Public Works Department, has chosen to join the Albertville Fire Department as a Volunteer Firefighter. Jacob is coordinating his testing and training with Chief Mills and it is expected that the Fire Department will activate Jacob in early November. ENGINEERING/PUBLIC WORKS I-94 WB C-D Road: The signal heads at CSAH 19 and the new ramp have been modified. The only outstanding work item I am aware of is a pushbutton pedestal at the new intersection. We hope to final the project this winter. Guardian Angels: Once Guardian Angel’s mortgage company consents to platting, staff will coordinate recording of the plat and agreements. Streets and Sidewalks: Public works crews are working hard to complete street patching and miscellaneous pothole repairs. The alleyway behind the post office was replaced this past week. All sidewalk repairs are complete for the year. Public Building Interconnect: Installation of the fiber is going well and expected to be complete in early November. Tina is working to coordinate the install of the new hardware and the hook-ups in the buildings. Agenda Page 28