2016-09-06 CC Agenda Packet
City of Albertville Council Agenda
TUESDAY, September 6, 2016
City Council Chambers
7:00 p.m.
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\2016 Agenda Packets\2016-09-06 CC Agenda.docx
Meeting Date: September 6, 2016
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 August 15, 2016 regular City Council meeting minutes as presented (pgs
4-8)
B. Authorize the Tuesday, September 6, 2016 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at
City Hall upon request (pg 9)
C. Approve Resolution No. 2016-022 to Transfer $350,000 from the General Fund No.
101 to Fund No. 102 Capital Outlay Fund (pgs 10-11)
7. Public Hearings – None
8. Department Business
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
B. Legal
1). Encroachment Agreement Allowing a Portion of Taco Bell’s Drive Through
Lane To Be Located In The City Street (pgs 12-22)
(Motion to approve the License Agreement with Border Foods, Inc.)
2). City Attorney Report (pgs 23-24)
Agenda Page 1
City of Albertville Council Agenda
TUESDAY, September 6, 2016 Page 2 of 3
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Meeting Date: September 6, 2016
C. Planning/Zoning
1). Accessory Buildings/Deed Covenants (pgs 25-32)
D. City Clerk
1). Set Canvass Board Meeting Date and Time
(Motion to set the 2016 Canvass Board Meeting, as determined by the City
Council, to canvass the November 8, 2016 municipal election results.)
E. Finance – None
F. Fire – None
G. Public Works/Engineering – None
H. Building – None
I. Administration
1). City Administrator’s Update (pg 33)
9. Announcements and/or Upcoming Meetings
September 5 Labor Day, City Offices Closed
September 6 City Council, 7:00 p.m.
September 12 STMA Ice Arena Board, 6:00 p.m.
September 13 Planning Commission, 7:00 p.m.
September 19 City Council, 7:00 p.m.
September 26 Joint Powers Water Board, 6:00 p.m.
October 3 City Council, 7:00 p.m.
October 5 Fire Advisory Committee, 6:00 p.m.
October 6 Fire Business Meeting, 8:00 p.m.
October 10 STMA Ice Arena Board, 6:00 p.m.
October 11 Planning Commission, 7:00 p.m.
October 17 City Council, 7:00 p.m.
October 24 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 8:00 p.m.
SEPTEMBER
Su M Tu W Th F Sa
1 2 3
4 H 5 CC 6 7 8 9 10
11 Ice 12 PC13 14 15 16 17
18 CC 19 20 21 22 23 24
25 JP26 27 28 29 30
OCTOBER
Su M Tu W Th F Sa
1
2 CC 3 4 FAC5
FB
6 7 8
9 Ice 10 PC11 12 13 14 15
16 CC 17 18 19 20 21 22
23 JP24 PK 25 26 27 28 29 30 JM 31
Agenda Page 2
City of Albertville Council Agenda
TUESDAY, September 6, 2016 Page 3 of 3
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Meeting Date: September 6, 2016
10. Budget Workshop (pg 34)
11. Adjournment
Agenda Page 3
Page 1
ALBERTVILLE CITY COUNCIL
Monday, August 15, 2016
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 p.m.
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:00 p.m.
2. ROLL CALL
Present: Acting Mayor Vetsch and Council members Hudson and Olson
Absent: Mayor Hendrickson and Council member Sorensen
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al
Brixius, Fire Chief Eric Bullen, Public Works Supervisor Tim Guimont, Finance Director Tina
Lannes, and City Clerk Kimberly Olson
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS – None
4. PUBLIC FORUM
There was no one present for the forum.
5. AMENDMENTS TO THE AGENDA
Brixius added Baseball Field Discussion as Item B3 under Planning/Zoning.
Motioned by Olson, seconded by Hudson, to approve the Agenda as amended. Ayes: Vetsch,
Hudson, and Olson. Nays: None. Absent: Hendrickson and Sorensen. 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 August 1, 2016 regular City Council meeting minutes as presented
B. Authorize the Monday, August 15, 2016 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at City
Hall upon request
Agenda Page 4
City Council Meeting Minutes Page 2
Regular Meeting of August 15, 2016
C. Approve a One-Day Temporary 3.2% Malt Liquor License for the Church of St. Albert’s
Annual Parish Festival to be held on October 9, 2016 and Approve the Closure of Lander
Ave NE between the Church of St. Albert and the Parish Center
D. Accept Fire Update
Motioned by Hudson, seconded by Olson, to approve the Consent Agenda as presented. Ayes:
Vetsch, Hudson, and Olson. Nays: None. Absent: Hendrickson and Sorensen. MOTION
DECLARED CARRIED.
7. PUBLIC HEARINGS – None
8. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
Planning Commission
Hudson reported they will hear the two planning items tonight from the last meeting; however, they
also held discussion on accessory building restrictions and enforcement of covenants at the meeting.
He stated there is a provision in the City Code that prohibits the issuance of a building permit for an
accessory building if it violates the covenants of a development. Some of the developments do not
have homeowner associations to enforce the covenants. Brixius explained that one addition in a
development may have covenants restricting accessory buildings whereas another addition in that
development does not, thus resulting in an inequality of enforcement. The Planning Commission
discussed universally covering covenant conflicts versus removing the City from covenant
enforcement. Vetsch inquired if other cities have language that addresses covenants. Couri replied
this appears to be unique to Albertville and Brixius stated it was incorporated into the Code when
building occurred around the golf course.
STMA Ice Arena
Hudson stated there are issues in finding staff for the ice arena and they discussed increasing the
wage for the help needed. He stated the wage increase would be covered by increased ice rental,
which led to discussion about increasing the funding from the three entities. Hudson informed
Council that they may be hearing more of this in the future.
B. Planning/Zoning
1). Zoning Ordinance Amendment to Opt-Out of Temporary Health Care Units
Brixius reported that a law was passed that allows a temporary and mobile, detached trailer to be
placed upon a lot to assist with the care of a family member needing healthcare. The unit would be
limited to no more than 300 square feet, allowed on the lot up to six months with a possible second
six month extension, and would need access to plumbing and electrical through the principal home.
The law establishes the application and permitting process and provides for municipal inspections
and a revocation process. Brixius stated that cities have the option to opt-out of the regulation by
September 1, 2016. He felt these units may prove difficult to process and enforce; the majority of
cities have chosen to opt out of the regulation. The Planning Commission held a public hearing,
reviewed the item, and recommended approval of opting out of the regulation.
Agenda Page 5
City Council Meeting Minutes Page 3
Regular Meeting of August 15, 2016
Motioned by Hudson, seconded by Vetsch, to adopt Ordinance Number 2016-08 to amend Section
1000.24 of the Albertville Zoning Ordinance to “opt out” of State Statute 462.3593 Temporary
Health Care Units. Ayes: Vetsch, Hudson, and Olson. Nays: None. Absent: Hendrickson and
Sorensen. MOTION DECLARED CARRIED.
2). Zoning Ordinance Amendment to Allow Revocation of Conditional Use Permit
Brixius stated that the City Code does not establish a revocation process for a Conditional Use Permit
(CUP). He reported that during a recent event where a CUP was nearly revoked due to non-compliance
with CUP conditions, staff found the Code did not outline provisions for revocation. The revocation
process would include:
1. Notice of violations
2. Timeframe to correct violations
3. Analysis of violations and site conditions
4. Public hearing to present information to Planning Commission or City Council
5. Planning Commission recommendation
6. Council action
Brixius stated the Planning Commission recommended approval with the caveat that upon revocation,
the property be returned to pre-Conditional Use Permit condition. The City Attorney has drafted a
modified version of the ordinance regarding that language.
Motioned by Olson, seconded by Hudson, to adopt Ordinance Number 2016-09 Amending Section
400.8 of the Albertville Zoning Ordinance to establish procedures and conditions for the revocation of
Conditional Use Permits with the amended language provided by the City Attorney. Ayes: Vetsch,
Hudson, and Olson. Nays: None. Absent: Hendrickson and Sorensen. MOTION DECLARED
CARRIED.
3). Baseball Field Discussion
Brixius reported that staff has met with the baseball user groups twice to discuss the baseball field.
Council had previously approved lighting of the field, but staff wanted to ensure that prior to installation
of the lights, that the orientation of the field is in the correct spot for the field users. The group discussed
the field and offered a number of suggestions for the field; the group also felt the orientation of the field
is best as it currently is. He stated that the group is appreciative of Council’s approval to install the
lighting and both the users group and the Lions Club are also willing to invest resources into the field.
Staff recommended the following phases:
Phase I:
1. Move fences in (325 feet to 310 feet on foul lines, 375 feet to 350 feet centerfield).
2. Install field lighting.
3. Construct bullpen area.
4. Construct batting cages.
5. Signage outlining field rules.
6. Relocate sprinkler head at pitcher’s mound.
Phase II:
1. Install landscaping.
Agenda Page 6
City Council Meeting Minutes Page 4
Regular Meeting of August 15, 2016
2. Trail enhancements.
3. Backstop enhancements.
Phase III:
1. Grandstand construction including:
a. Seating.
b. Storage.
c. Concessions.
Brixius stated this would make the field slightly smaller than fields in other cities. Nafstad reported that
staff has received an estimate of approximately $17,000 to do the fencing improvements including the
bullpen.
Vetsch would like to see the netting along the foul lines included.
Motioned by Olson, seconded by Hudson, to authorize Phase I improvements to Central Park baseball
field not to exceed $20,000. Ayes: Vetsch, Hudson, and Olson. Nays: None. Absent: Hendrickson
and Sorensen. MOTION DECLARED CARRIED.
C. City Clerk
1). Set Truth-in-Taxation Hearing for December 5, 2016 at 6:30 p.m.
Motioned by Olson, seconded by Hudson, to set the Truth-in-Taxation Hearing for December 5,
2016 at 6:30 p.m. in the City Council Chambers. Ayes: Vetsch, Hudson, and Olson. Nays: None.
Absent: Hendrickson and Sorensen. MOTION DECLARED CARRIED.
D. Fire – None
E. Finance – None
F. Public Works/Engineering – None
G. Building – None
H. Legal – None
I. Administration
1). City Administrator’s Update
Nafstad reported that the Main Avenue NE railroad repairs will occur this fall, but he does not know
when. As soon as staff receives word of when the repairs will begin, they will notify residents as
Main Avenue NE will need to be closed.
Nafstad reported the recycling day statistics showed another successful year.
9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS
August 22 Joint Powers Water Board, 6:00 p.m.
August 29 Parks Committee, 8:00 p.m.
Agenda Page 7
City Council Meeting Minutes Page 5
Regular Meeting of August 15, 2016
September 5 Labor Day, City Offices Closed
September 6 City Council, 7:00 p.m.
September 12 STMA Ice Arena Board, 6:00 p.m.
September 13 Planning Commission, 7:00 p.m.
September 19 City Council, 7:00 p.m.
September 26 Joint Powers Water Board, 6:00 p.m.
10. BUDGET WORKSHOP
Nafstad stated that due to the absence of two members of the Council, it may be best to hold the
budget workshop at the next regular meeting. Lannes recommended they hold the workshop after
the first regular meeting in September and then approve the 2017 preliminary budget at the second
meeting in September, which would be the latest meeting the Council could approve the preliminary
budget.
Motioned by Hudson, seconded by Olson, to postpone the budget workshop to the September 6,
2016 Council meeting and to approve the 2017 Preliminary Budget on September 19, 2016. Ayes:
Vetsch, Hudson, and Olson. Nays: None. Absent: Hendrickson and Sorensen. MOTION
DECLARED CARRIED.
11. ADJOURNMENT
Motioned by Vetsch, seconded by Hudson, to adjourn the meeting at 7:59 p.m. Ayes: Vetsch,
Hudson, and Olson. Nays: None. Absent: Hendrickson and Sorensen MOTION DECLARED
CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
Agenda Page 8
Mayor and Council Request for Action
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Meeting Date: September 6, 2016
August 31, 2016
SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Tuesday, September 6, 2016 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 9
Mayor and Council Request for Action
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Meeting Date: September 6, 2016
August 25, 2016
SUBJECT: CONSENT - FINANCE – RESOLUTION TRANSFERRING FUNDS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following resolution:
MOTION TO: Approve Resolution No. 2016-022 to Transfer $350,000 from the General
Fund No. 101 to Fund No. 102 Capital Outlay Fund.
BACKGROUND: City staff and auditors annually review and recommend transfer of funds for
designated purposes, bond payments, to close funds, or to fund a negative balance.
POLICY CONSIDERATIONS: It is the Mayor and Council’s policy to review and approve all
fund transfers.
FINANCIAL CONSIDERATIONS: The transferred balance can be designated for capital
purchase at a later date.
Responsible Person/Department: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution No. 2016-022
Agenda Page 10
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2016-022
A RESOLUTION TO TRANSFER FUNDS
WHEREAS, the Albertville City Council has reviewed its annual audit; and
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the following
actions are implemented:
Transfer $350,000 from the General Fund No. 101 to Fund No. 102 Capital Outlay Fund.
Adopted by the Albertville City Council this 6th day of September, 2016.
ATTEST:
____________________________
Jillian Hendrickson, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 11
Mayor and Council Request for Action
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Meeting Date: September 6, 2016
September 1, 2016
SUBJECT: LEGAL - ENCROACHMENT AGREEMENT ALLOWING A PORTION OF TACO BELL’S
DRIVE THROUGH LANE TO BE LOCATED IN THE CITY STREET.
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve the License Agreement with Border Foods, Inc.
BACKGROUND: On June 20, 2016, the City Council approved Border Foods’ application for
a CUP for a Taco Bell restaurant. Part of that approval allowed Taco Bell to use a portion of the
City’s stub street that connects DJ’s parking lot to CSAH 37 for Taco Bell’s drive through lane.
Taco Bell’s proposed improvements that will be in the right-of-way include about four feet of the
drive through lane and another nine feet of boulevard and curbing, as well as a few directional
signs and light posts. All such encroachments into the right-of-way are shown on the plan
attached to the License Agreement.
Although the City allows commercial businesses to put boulevards and curbing in the right-of-
way as part of a business’ access to a public road, it has not allowed exclusive use of a portion of
the right-of-way without special permission. A condition of the CUP required Taco Bell to enter
into an encroachment agreement to place a portion of its drive through lane in the City’s right-of-
way.
KEY ISSUES:
• The encroachment agreement allows a portion of the drive through lane and associated
improvements to be placed in the right-of-way.
• The drive through lane may remain in the right-of-way unless the City requires it to be
removed on the basis of actual vehicle crashes or injury to pedestrians as a result of the
drive through lane being located in the street. In short, the drive through lane will
remain in the right-of-way indefinitely unless it proves to be a safety hazard.
• The City retains the right to install, maintain or replace utilities in the right-of-way. If
removal of Taco Bell’s improvements are necessary for such installation or maintenance,
the City will restore that portion of the street containing Taco Bell’s improvements back
to grade with gravel and Taco Bell shall be responsible for reinstalling their own
improvements.
• This Agreement requires Border Foods to defend and indemnify the City against any
claims arising as a result of the location of the drive through in the right-of-way and also
requires Border Foods to name the City as an additional insured on its insurance.
Agenda Page 12
Mayor and Council Request for Action – September 6, 2016
TACO BELL ENCROACHMENT AGREEMENT Page 2 of 2
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Meeting Date: September 6, 2016
POLICY/PRACTICES CONSIDERATIONS: Encroachment agreements are a common tool
that allow a person or entity to use a portion of the City’s road for a specific, limited purpose.
Border Foods’ use of the right-of-way as proposed was reviewed and approved from an
engineering standpoint by the City Engineer at the time the CUP was approved. This Agreement
ensures that Border Foods’ use of the right-of-way is consistent with the plans that were
approved by the City.
FINANCIAL CONSIDERATIONS: This Agreement is not expected to have a financial
impact upon the City.
LEGAL CONSIDERATIONS: Typically we look for two main provisions in this type of
Agreement: 1) The ability to require the encroachment to be moved if it poses a safety problem,
and 2) An indemnification and insurance provision in the Agreement. This Agreement contains
both of those provisions. As the road authority, the City has the legal right to permit
encroachments in its rights of way.
Responsible Person/Title: Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: License Agreement
Agenda Page 13
1
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
LICENSE AGREEMENT This License Agreement (“Agreement”) is made this ______ day of September, 2016, by and between City of Albertville, a City under the laws of the State of Minnesota, Licensor (hereinafter referred to as “City”) and Border Foods, Inc., a Minnesota Corporation (hereinafter referred to as “Licensee”),
WITNESSETH: WHEREAS, Licensee is the lessee of certain real property legally described on the attached Exhibit A (“Property”); and WHEREAS, a street which has been dedicated to the public and accepted and maintained by the City and described on the attached Exhibit B (“Street”), lies adjacent to the Property; and WHEREAS, Licensee desires to construct a drive-through lane on a portion of the Street; and WHEREAS, the Albertville City Council has determined that it is in the best interest of the public to grant a License (“License”) to Licensee for the purpose of installing a portion of a drive through lane within the Street right of way; and WHEREAS, for purposes of this Agreement, the term “License” shall not be deemed an estate or an encumbrance upon the Street, but permission
Agenda Page 14
2
giving the Licensee a revocable legal privilege enjoyable on certain specified land dedicated to City of Albertville. NOW, THEREFORE, IT IS AGREED by and between the parties as follows: 1. Licensee is hereby granted a license to install a drive through lane in the Street in substantially the same configuration and location as set forth on the attached Exhibit C (“Drive Through Lane”). 2. Licensee’s license to use the Street for the Drive Through Lane shall be subject to the terms and conditions set forth in this Agreement. 3. If the City of Albertville Council reasonably determines, based upon empirical data of vehicle crashes or injury to persons in the Street, that the Drive Through Lane poses a safety hazard, the City may require Licensee to modify or remove the Drive Through Lane so as to reduce or eliminate the safety hazard. In such event, Licensee shall, at Licensee’ expense, relocate, alter, repair, or otherwise modify the Drive Through Lane upon the request of the City in a manner required by the City. If the Licensee fail to so relocate, alter, repair or otherwise modify the Drive Through Lane as required by the City, the City may relocate, alter, repair or otherwise modify the Drive Through Lane and certify all such costs to the Property pursuant to Minn. Stat. 366.012, or the City may terminate this Agreement and require the Licensee to remove the Drive Through Lane from the Street and the Street to its original condition. 4. Licensee shall indemnify and hold harmless the City of Albertville and its agents’ and employees from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from the existence, construction, and maintenance or use of said Drive Through Lane located within the Street. 5. Licensee shall maintain, at all times while such Drive Through Lane is located within the Street, a general liability insurance policy in an amount not less than the maximum municipal tort liability limit set forth in Minn. Stat. 466.04 (or its successor statute) and shall name the City as an additional insured under such insurance policy.
Agenda Page 15
3
6. At such time as the Drive Through Lane is no longer in use by Licensee, Licensee shall, if requested by the City, remove the Drive Through Lane from the Street at Licensee’s sole expense. 7. Any notice sent by one party to the other shall be sufficient if mailed, postage prepaid to the address of Licensee and to the City Clerk at the addresses set forth below, or such new address as one party may notify the other parties of from time to time: Border Foods, Inc. ____________________________________ ____________________________________ City of Albertville C/O City Clerk P.O. Box 9 Albertville, MN 55301 8. Licensee agree to comply with all ordinances and state and federal laws and regulations, including the terms of the Conditional Use Permit approved by the City on June 20, 2016. 9. The location of the installation of the Drive Through Lane shall be as shown on attached Exhibit C as previously approved by the City Council. 10. This Agreement shall not authorize any use of the dedicated road right-of-way other than that described herein. 11. Licensee agree to pay any and all real estate taxes which may be assessed against that portion of the Street being used by the Drive Through Lane in the event such real estate taxes become due and payable. 12. Licensee shall at all times maintain any improvement(s) situated or to be situated on the licensed premises in good and safe condition at its sole expense. In the event of destruction, the improvement(s) shall not be replaced without the express written consent of City of Albertville; no alternation in the improvement(s) shall be made without the express written consent of City of Albertville. For the purpose of this
Agenda Page 16
4
Agreement, improvement shall mean any object placed on or over or in the Street or extending from or over the Street. 13. In the event it becomes necessary for the City to remove Licensee’s improvements placed in the Street under this Agreement for purposes of installation, maintenance, or replacement of utilities within the Street, the City shall have no obligation to replace such improvements but instead shall restore the Street back to grade using a gravel or other similar surface and Licensee shall be responsible for replacing all improvements at Licensee’s sole expense. 14. This agreement shall be recorded with the Wright County Recorder. The covenants, terms, conditions, provisions, and understandings in this Agreement shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and/or assigns.
LICENSEE CITY OF ALBERTVILLE __________________________________ ______________________________ By: _____________________________ Jillian Hendrickson, Mayor Its: _____________________________ ______________________________ Kimberly A. Olson, Clerk STATE OF MINNESOTA ) )ss COUNTY OF WRIGHT ) Acknowledged before me this __________ day of September, 2016, by Jillian Hendrickson, Mayor of the City of Albertville. _____________________________________ Notary Public
Agenda Page 17
5
STATE OF MINNESOTA ) )ss COUNTY OF WRIGHT ) Acknowledged before me this __________ day of September, 2016, by Kimberly A. Olson, Clerk of the City of Albertville. _____________________________________ Notary Public STATE OF MINNESOTA ) )ss COUNTY OF ______________ ) Acknowledged before me this __________ day of September, 2016, by ______________________________, ____________________________ of Border Foods, Inc. _____________________________________ Notary Public
DRAFTED BY: Couri & Ruppe, P.L.L.P. 705 Central Avenue East P.O. Box 369 St. Michael, MN 55376 (763) 497-1930
Agenda Page 18
6
EXHIBIT A
[Legal Description of Taco Bell property]
Agenda Page 19
7
EXHIBIT B A 50.00 foot easement for public street purposes over, under and across part of Lot 1, Block 1, Sunrise Commercial Park, City of Albertville, Wright County, Minnesota. The center line of said easement is described as follows: Commencing at the northwest corner of said Lot 1, according to the duly recorded plat thereof; thence easterly along the north line of said Lot 1, on an assumed bearing of South 89 degrees 54 minutes 20 seconds East a distance of 236.73 feet to the point of beginning of the center line to be described; thence South 00 degrees 05 minutes 40 seconds West a distance of 190.56 feet to a point on the south line of said Lot 1 and said line there terminating. The side lines of said easement are prolonged or shortened to terminate on the south line of said Lot 1, Block 1, Sunrise Commercial Park.
Agenda Page 20
8
EXHIBIT C [Approved Site Plan]
Agenda Page 21
Agenda Page 22
Page 1 of 2
Couri & Ruppe, P.L.L.P.
Memo
To: Adam Nafstad, City Administrator; Albertville City Council
From: Mike Couri
Date: September 1, 2016
Re: Attorney Report
Below is an update of the projects our office has been working on for the City.
• I-94 Ramp Easement. The State is asking the City to obtain I-94 ramp easement
from Albertville Marketplace using a revised legal description as the State wants
clearer language in the deed from the City to the State for the ramp easement. The
easement area remains unchanged—the State simply wants its specific language
used in the easement document. Adam is trying to reach the owner to get the new
deed signed.
• Charter Cable. Charter Cable has replied to our request regarding the free cable
service it is to provide to the City. Their contention is that the City is only entitled
under Federal law to collect a maximum of 5% in franchise fees, which we are
already collecting. Charter believes that provision of free cable service to
municipal buildings over and above that 5% is prohibited under Federal law. I
will check the law on this and see if Charter’s interpretation is correct.
• Prairie Run. Fieldstone has closed on all 10 of the lots on the private street (west
side) and has closed on four of the 15 lots that went tax forfeit. Home sales have
been very good for Fieldstone at this location this year.
Agenda Page 23
Page 2 of 2
• City Hall Cleaning Contract. I have been working with Adam on preparing a
new City Hall cleaning contract.
• Taco Bell Encroachment Agreement. An encroachment agreement to allow the
drive through lane to be partially placed in the street is included in this agenda
packet.
• Karston Cove III. The owner of Karston Cove has submitted a plan to replat the
Third Addition as an outlot. If approved, we expect this would also wipe out most
of the provisions of the existing development agreement, essentially returning the
property to a “blank slate” for platting in the future when the market is better.
This would allow the City to return the letter of credit money that we have been
holding for the past several years.
• Fire Department SOGs. We are reviewing revisions to the Fire Departments
Standard Operating Guidelines.
Agenda Page 24
Mayor and Council Communication
M:\Public Data\City Council\Council Packet Information\2016\090616\2016-09-06 Acc Bldg Deed Covenants RCA.docx
Meeting Date: September 6, 2016
September 1, 2016
SUBJECT: PLANNING - ACCESSORY BUILDINGS/DEED COVENANTS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following and give direction to staff on the following matter:
Retain or repeal Section 1000.4, Accessory Buildings, Uses and Equipment, provision
1000.4.B.5 which reads:
5. Design Standards/Covenants: These accessory building performance standards are
applicable for all single-family lots in the city, provided, however that these standards shall
not be permitted where these design standards will supersede design standards or covenants
that have been established as part of an approved residential planned unit development.
Property owners shall demonstrate compliance with approved covenants/design standards
with the submission of a building permit for an accessory building.
BACKGROUND: This provision is unique to Albertville in that most communities do not
enforce deed restrictions or covenants. This provision was adopted in response to controlling
accessory buildings in planned unit developments where neighborhood restriction of the number
and size of accessory buildings were integral to the plat design and appearance (i.e., Cedar Creek
along the golf course, Towne Lakes, etc.). In the past, the City was receiving outbuilding
requests that were contrary to the established architectural restrictions putting the homeowners
association or individual property owners at odds with the City. The homeowners association or
property owner would seek enforcement through civil legal means.
In 2015, we had a request from the property owner at 4924 Kassel to construct a second
outbuilding. This lot is within the Albert Villas 6th Addition which has covenants that limit lots
to one outbuilding that may not exceed 120 square feet in area. The property lot is 27,321 square
feet in area and abuts Swamp Lake. While the proposed building may have met City zoning
standards, the building was prohibited based on Section 1000.4.B.5 above.
A second request this June was for a second garage for property located at 10141 49th Street NE.
This lot is in Albert Villas 4th Addition. Review of this subdivision reveals that the developer of
the 4th Addition did not place the same building restrictions on the 4th Addition as they did in the
6th Addition. This lot is 1.99 acres in size and is eligible for an oversized second accessory
building by administrative permit.
KEY ISSUES:
• The comparison of these two lots within the Albert Villas subdivision demonstrates an
inequity in the treatment of properties within the same subdivision.
Agenda Page 25
Mayor and Council Communication – September 6, 2016
Accessory Buildings / Deed Covenants Page 2 of 2
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Meeting Date: September 6, 2016
• Other than this zoning provision, the City does not enforce any other deed restrictions or
covenants.
• Past City treatments contrary to established covenants has presented conflicts between
neighbors and between the City and homeowners associations.
• In some instances such as along the golf course, the City has not wanted the proliferation
of large accessory buildings in the rear yards. This restriction is through the Cedar Creek
PUD deed restrictions and Section 1000.5.B.5.
• In purchasing a property, a new owner agrees to the terms of the deed restrictions or
covenants as a condition of purchase.
• Both of the properties in question are larger than standard R-1A lots and have the lot area
to accommodate the second oversized outbuilding.
• Review of the past Subdivision approvals revealed that the city require the HOA
document and covenants to be reviewed by the city attorney, the city did not adopt the
covenants as a part of the PUD conditions of approval. The city is not responsible for
the enforcement of these covenants.
• If the city council believes that the convenant restrictions should still be appropriate for
some of the subdivisions (i.e. Cedar Creek golf course lots, Towne Lakes reduce lot
sizes), the city may amend the ordinance to be more specific to these physically unique
subdivisions.
POLICY/PRACTICES CONSIDERATIONS: City staff seeks direction from Council as to
whether this portion of the accessory building regulations should be amended.
FINANCIAL CONSIDERATIONS: None.
LEGAL CONSIDERATIONS: Any change in zoning text will need to be processed through
the public hearing procedures.
Department/Responsible Person: Planning/Alan Brixius
Submitted Through: Planning/Alan Brixius
Attachments:
Exhibit A – Aerial Photo 4924 Kassel Avenue
Exhibit B – Aerial Photo 10141 49th Street NE
Exhibit C – Aerial Photo Albert Vilas
Exhibit D – Aerial Photo Cedar Creek
Exhibit E – Aerial Photo Towne Lakes
Exhibit F – Subdivision Summary.
Agenda Page 26
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Agenda Page 31
Homeowner’s Association Research
Association Review Process Notes
Towne Lakes 1st (appears to cover all
Towne Lake subdivisions)
Master ARC Reviews all buildings, restrictions on outbuildings.
Hunter’s Pass Design Guidelines – Design Review Committee Reviews all buildings, restrictions on outbuildings.
Cedar Creek 1st Addn. Architecture Control Committee. (Not active.)* Allows accessory buildings on lots, but not on lots
abutting the golf course.
Parkside 3rd Addn. No Covenants
Parkside 1st Addn. Architectural Representative approval Reviews all buildings.
Center Oaks (all Addn.) Needs architecture approval (Not Active)* Allows accessory buildings on lots not on golf
course
Albert Villas 1st Addn. None No restrictions on Accessory buildings
Albert Villas 2nd Addn. Must match principal structure One accessory structure up to 120 sq. ft.
Albert Villas 3rd Addn. Must match principal structure One accessory structure up to 120 sq. ft.
Albert Villas 4th Addn. No Covenants
Albert Villas 6th Addn. Must match principal structure One accessory structure up to 120 sq. ft.
* We have been told that the neither Cedar Creek nor Center Oaks have an active Architectural review committee.
** We have reviewed the Development contracts and Planned Unit Development approval resolutions of Cedar Creek, Town Lakes, Hunters Pas
and Albert Villas, while their approvals required review of the Home Owners Association Documents by the city attorney, the covenants/
architectural standards were not adopted as a city enforced zoning standards.
EXHIBIT F
Agenda Page 32
City Administrator’s Update
September 1, 2016
GENERAL ADMINISTRATION
Budget Workshop # 2: Our second workshop for the 2017 budget is included on the agenda for
Tuesday’s meeting. The purpose of the workshop is to discuss financing 2017 and ultimately
working towards a general budget consensus. The Preliminary Budget, presented on August 1,
proposes a total levy increase of $94,715 or 2.58%. This increase is generally due to increased
capital reserves, law enforcement services, wage adjustments, and inflation. The Council will
be asked to adopt a Preliminary Budget and Levy at the second meeting in September.
Fall Newsletter: The fall newsletter will be going out around the first week of October. Please
let us know if you would like to see anything specific included.
Open Streets: The STMA Open Streets event will be on Saturday, September 10 from 10 a.m.
to 2 p.m.
2017 School Referendum: Kim and I will be meeting with the STMA School District to discuss
the proposed February bond referendum regarding each entity’s participation in the election.
Joint Fire: The Fire Chief, City Attorney, and I have been discussing options for the shared
service agreement. We hope to have a workshop on the topic in September or October.
ENGINEERING/PUBLIC WORKS
Detour using CSAH 37 and CSAH 19: On September 22 and 23, Hwy 241 will be closed for
railroad crossing repairs. MnDOT has notified us that it will be using CSAHs 37 and 19 as part of
the posted detour route.
Ballfield Lighting: We are working to get fencing proposals and finalize schedules. It is planned
to complete both fencing and lighting in late September.
Main Avenue RR Crossing: I have not yet heard when the Railroad will commence work on the
crossing.
Towne Lakes On-Street Parking: We have been receiving complaints regarding legal and illegal
on-street parking in the Towne Lakes neighborhoods. I am trying to connect with the new HOA
manager to discuss the issues. Generally, it sounds like there is 1) excessive parking on the no
parking side of the street and 2) legal parking for an excessive amount of time in front of
neighboring homes.
Agenda Page 33
Memorandum To: Honorable Mayor and City Council Members From: Tina Lannes, Finance Director RE: Budget Workshop #2 – Capital Increase Requests September 6, 2016
As infrastructure is added and ages, additional maintenance is required. As discussed in the
budget workshop on August 1, 2016, there are several key building mechanical items that will
need to be replaced in the next ten years. Likely items include:
City Hall boilers (3)
HVAC Control
City Electronic Sign
For these three items, staff requested adding $15,000 to the budget starting in 2017, so when it
is time to replace them the funds are available.
The preliminary budget presented to Council on August 1, 2016 had a total levy increase of
$94,715 or 2.58%. Council inquired as to the impact of adding the above three items to the
budget. If funded, these items would be included under City Hall capital reserves. This change,
plus a small increase of an estimated $1,500 in expected LGA revenue, brings the total levy
increase to $107,996 or 2.94%.
Agenda Page 34