2015-07-06 CC Agenda Packet
City of Albertville Council Agenda
Monday, July 6, 2015
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\2015 Agendas\2015-07-06 CC Agenda.doc
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 June 15, 2015 regular City Council meeting minutes as presented (pgs 4-
11)
B. Authorize the Monday, July 6, 2015 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 12)
C. Approve the closure of Main Avenue NE south of the railroad tracks to 58th Street NE
and 58th Street NE to Lander Avenue NE on September 12, 2015 from 8:00 a.m. to
3:00 p.m. (pg 13)
D. Approve the Church of St. Albert Lawful Gambling Exempt Permit Application for the
annual Parish Festival that will be held on October 11, 2015 at the St. Albert Parish
Center (pgs 14-17)
E. Approve a Wine License for El Bamba restaurant, 5986 Main Avenue NE contingent
upon payment of the liquor license fee, proof of liquor liability insurance, and approval
from the Building Official in regards to compliance with the fencing requirements
outlined in Section 4-1-13 of the Albertville City Code (pg 18)
F. Approve the Wright County Law Enforcement Addendum increasing law enforcement
coverage by an addition 4 hours per day for a total of 9,496 hours of coverage annually
(pgs 19-20)
7. Public Hearings – None
Agenda Page 1
City of Albertville Council Agenda
Monday, July 6, 2015 Page 2 of 3
M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-07-06 CC Agenda.doc
Meeting Date: July 6, 2015
8. Department Business
A. Planning/Zoning
1). Westbridge Community Church Reconsideration of Rezoning Request (pgs
21-30)
B. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
C. Public Works/Engineering
1). Greenhaven Street Improvements (pgs 31-32)
(Motion to authorize the advertisement of the 2015 Greenhaven Street
Improvements.)
D. Fire – None
E. Finance – None
F. City Clerk – None
G. Building – None
H. Legal
1). City Attorney Report (pgs 33-34)
I. Administration
1). Public Works Maintenance Worker I Position (pg 35)
(Motion to direct staff to offer Matthew Minette the full-time position of Public
Works Maintenance Worker I at a starting wage of $21.84 per hour with a one-
step increase upon passing the probationary period performance review. The
appointment to the position is conditioned on successful completion of a
background check and testing as described in the job description.)
2). City Administrator’s Update (pg 36)
9. Announcements and/or Upcoming Meetings
July 13 STMA Ice Arena Board, CANCELLED
July 14 Planning Commission, 7:00 p.m.
July 20 Workshop City Council, 6:30 p.m.
City Council, 7:00 p.m.
July 27 Joint Powers Water Board, 6:30 p.m.
**Parks Committee, 7:00 p.m., Park Tour
August 3 City Council, 7:00 p.m.
Council Workshop, Following Regular Meeting
August 10 STMA Ice Arena Board, CANCELLED
Agenda Page 2
City of Albertville Council Agenda
Monday, July 6, 2015 Page 3 of 3
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Meeting Date: July 6, 2015
August 11 Planning Commiss ion, 7:00 p.m.
August 17 City Council, 7:00 p.m.
Council Workshop, Following Regular Meeting
August 24 Joint Powers Water Board, 6:30 p.m.
** Indicates time change
JULY
AUGUST
Su M Tu W Th F Sa
Su M Tu W Th F Sa
1
H
2
H
3 4
1
5 CC 6 7 8 9 10 11
2 CC 3 4 5 6 7 8
12 Ice 13 PC14 15 16 17 18
9 Ice 10 PC 11 12 13 14 15
19 CC 20 21 22 23 24 25
16 CC 17 18 19 20 21 22
26 JP27PK 28 29 30 31 23 JP24 25 26 27 28 29
30 31
10. Adjournment
Agenda Page 3
Page 1
ALBERTVILLE CITY COUNCIL
Monday, June 15, 2015
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:04 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch
Absent: None
Others Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner
Al Brixius, and City Clerk Kimberly Olson
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS
George Finn and Jodi Pedersen were present at the meeting to introduce themselves to the City
Council. They explained they are renovating the old Patty J’s Café, located at 5262 Kyler Avenue
NE, Suite #111, and will be starting Prairie Run Café out of the location. They are working on
renovations and signage for the property and hope to open around August. Council welcomed them
to Albertville and wished them success in their new business.
4. PUBLIC FORUM – (time reserved 5 minutes)
There was no one present to speak.
5. AMENDMENTS TO THE AGENDA
Nafstad asked for City Clerk items 1 and 2 be moved prior to the Planning items.
Nafstad added Oldcastle Public Hearing as item 6 under Planning/Legal.
Motioned by Olson, seconded by Hendrickson, to approve the Agenda as amended. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Agenda Page 4
City Council Meeting Minutes Page 2
Regular Meeting of June 15, 2015
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 June 1, 2015 regular City Council meeting minutes as presented
B. Authorize the Monday, June 15, 2015 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 resurfacing the tennis and basketball courts at Linwood Park for $10,744
Motioned by Hudson, seconded by Sorensen, to approve the Consent Agenda as presented. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
7. PUBLIC HEARINGS - See Item 8B (6)
8. DEPARTMENT BUSINESS
A. City Clerk
1). Liquor License for El Bamba, 5986 Main Avenue NE
Clerk Olson reported that the applicant, Dilque Zea, has submitted an application for a 3.2% Malt
Liquor License and Wine License for El Bamba restaurant, located at 5986 Main Avenue NE. He
wishes to serve liquor on the outdoor premises of the restaurant.
Clerk Olson reported that in order to hold a Wine License, MN State Statute requires seating for at
least 25 patrons. In speaking with the MN Alcohol and Gambling Enforcement Division, staff
learned the State would recommend denial of the Wine License if the State Inspector found there
was not seating for at least 25 patrons year round. It was also noted that there are fencing
requirements in the Albertville City Code for sale of intoxicating liquor (anything above 3.2%
alcohol). The applicant is planning to meet with staff and the City’s Building Official to see if there
is a way for him to meet the City Code requirements. If so, the applicant will apply for the Wine
License at the next City Council meeting.
Sorensen stated that he would like to provide every opportunity for local businesses to succeed.
Motioned by Sorensen, seconded by Hudson, to approve a 3.2% Malt Liquor Licenses for El
Bamba restaurant, 5986 Main Avenue NE contingent upon payment of liquor license fees, proof
of liquor liability insurance, successful background check, and compliance with Temporary
Certificate of Occupancy. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays:
None. Absent: None. MOTION DECLARED CARRIED.
Agenda Page 5
City Council Meeting Minutes Page 3
Regular Meeting of June 15, 2015
2). Set July 20, 2015 Workshop
Nafstad reported the workshop would be on the City’s long term Capital Improvement Plan.
Motioned by Hendrickson, seconded by Hudson, to set a workshop meeting on July 20, 2015 at
6:30 p.m. in the Council Chambers to discuss the City’s Capital Improvement Plan. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
B. Planning/Legal – Oldcastle BuildingEnvelope, Inc. Items
1). Oldcastle BuildingEnvelope, Inc. Site Plan, Building Plan, and Conditional Use
Permit
Brixius reported that Oldcastle BuildingEnvelope, Inc. (Oldcastle) has a need for expansion and the
City has offered a City-owned lot on which to build the expansion. He explained that Scannell
Properties #227 LLC (Scannell) would construct the industrial building on the lot and lease it to
Oldcastle. Scannell is requesting a Conditional Use Permit (CUP) to allow for deferred parking.
Brixius stated the expansion is consistent with the Comprehensive Plan and Oldcastle operations are
allowed with the I-1 Limited Industrial zoning of the lot. The Planning Commission reviewed the
site and building plans at their last meeting. The applicant requested screening of the trash
enclosures with landscape rather than a structural enclosure and the Planning Commission was
agreeable to the change. The applicant is also requesting the CUP to reduce the parking stalls from
62 to 31 and has indicated that is sufficient parking for the site. The applicant would like to allow
truck and trailer parking on the west side of the building and is permitted in the zoning district.
Brixius stated that trailer parking stalls must be striped in the lot and will be exclusive to that use.
The Planning Commission held a public hearing for the expansion and recommended approval to the
City Council.
Brixius outlined the design of the new building and reported that Oldcastle will implement some of
their glass into the designs.
Dan Salzer, Scannell, thanked staff for their work on the project.
2). Oldcastle Tax Increment Financing
Tammy Omdahl, Northland Securities, Inc., spoke to the Tax Increment Financing (TIF)
establishment for the expansion project. She stated the TIF would allow the City to capture the
increase in the local property tax from the proposed improvements. The district would run for nine
years. The City would provide the lot for $1, cover SAC/WAC costs, and other improvements and
the captured funds would repay the City. It is dependent on the valuation assigned by the County
and staff has spoken with their office. She indicated the City would be reimbursed in full.
3). Purchase and Development Contract
Couri gave a review of the purchase and development contract and indicated there are some minor
changes to the document from what was included in the Council packet. He stated that in exchange
for the lot for $1, Scannell is agreeing to build the building. He stated that the difference in taxes
from a vacant lot to a built upon industrial lot will be captured and will include the City, County, and
Agenda Page 6
City Council Meeting Minutes Page 4
Regular Meeting of June 15, 2015
School District taxes. He stated that the City will be paid for the land and the assessments on the
property. The Agreement involves all three parties: City of Albertville, Scannell Properties #227
LLC, and Oldcastle BuildingEnvelope. Couri reported the building will be built by January 2016
and if it is not, the City may repossess the property and that is the City’s security of an improved lot.
The amount of captured tax is dependent on the valuation placed on the building and there is a
minimum assessment agreement that the City Assessor will not value the building any less than $50
per square foot.
4). Interfund Loan
Couri reported that the interfund loan is needed for accounting purposes and stated that the loan will
be paid back by TIF.
5). Release of 1979 Developer’s Agreement
Couri reported that Scannell would like the original development agreement released on the lot. He
saw no reason the agreement cannot be released and stated the agreement is no longer enforceable.
6). Public Hearing
Hudson inquired how the City came to own the vacant, industrial lots. Couri explained the lots were
donated to the City and the owners received a tax write off. The City was then responsible for sewer
and road improvements and the improvements were made for future businesses looking for shovel
ready lots or the expansion of a current business in that area. He stated that having 52nd Street NE in
place created available industrial lots the City now has.
Hudson inquired about a comment that TIF is necessary for industrial development. Couri stated his
opinion that TIF is a time shifter. He stated that eventually the lots will be developed, but the use of
TIF brings development faster as developers can receive TIF in surrounding communities. Hudson
inquired what determines what developments are offered TIF. Couri responded the Legislature has
limited TIF to industry and they cannot do commercial developments. Nafstad added the City’s
vision study and goals also play a part, as TIF is a tool that can assist with some of the industrial and
housing goals. He stated that senior housing has been a long time goal and without TIF Guardian
Angels and the Cottages likely would not have been possible. Hendrickson stated that a part of it is
to retain current businesses.
Vetsch inquired if the valuation placed by the Assessor is lower than $50 per square foot. Couri
replied the assessor has agreed to a valuation no lower than the $50/square foot, but if the valuation
is above $50/square foot, Scannell may appeal the valuation during the Local Board of Appeals and
Equalization process, but the agreement will not allow them to appeal anything lower than
$50/square foot.
Motioned by Sorensen, seconded by Hendrickson, to open the public hearing regarding Modifying
the Development Program for Municipal Development District No. and Establishing Tax
Increment Financing (Economic Development) District No. 17 Therein, and Approving a Tax
Increment Financing Plan Therefore. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch.
Nays: None. Absent: None. MOTIONED DECLARED CARRIED.
Agenda Page 7
City Council Meeting Minutes Page 5
Regular Meeting of June 15, 2015
Hudson stated that he had previously voted against a TIF project and explained that it was because
he was not a big supporter of subsidizing businesses. However, with review of the materials, he is
planning to vote in favor of this project.
Motioned by Hendrickson, seconded by Sorensen, to close the public hearing. Ayes: Hendrickson,
Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTIONED DECLARED
CARRIED.
Motioned by Vetsch, seconded by Sorensen, to adopt Resolution Number 2015-024 Approving a
Site Plan, Building Plan, and Conditional Use Permit for Deferred Parking for Scannell
Properties #227 Located at Lot 1, Block 2, Barthel Industrial Park 2nd Addition within the City of
Albertville. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent:
None. MOTIONED DECLARED CARRIED.
Motioned by Vetsch, seconded by Sorensen, to approve Resolution 2015-025 Modifying the
Development Program for Municipal Development District No. and Establishing Tax Increment
Financing (Economic Development) District No. 17 Therein, and Approving a Tax Increment
Financing Plan Therefore. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays:
None. Absent: None. MOTIONED DECLARED CARRIED.
Motioned by Hendrickson, seconded by Sorensen, to approve Resolution 2015-026 Approving
Purchase and Development Contract Between the City of Albertville, Scannell Properties #227,
and Oldcastle BuildingEnvelope, Inc. and Approving the Business Subsidy Agreement and
Conveyance of Land Contained Therein. Ayes: Hendrickson, Hudson, Olson, Sorensen, and
Vetsch. Nays: None. Absent: None. MOTIONED DECLARED CARRIED.
Motioned by Olson, seconded by Sorensen, to approve Resolution 2015-027 Authorizing Interfund
Loan for Advance of Certain Costs in Connection with Tax Increment Financing District No. 17.
Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None.
MOTIONED DECLARED CARRIED.
Motioned by Hendrickson, seconded by Olson, to release the 1979 Developer’s Agreement
Between the City of Albertville and Barthel Homes, Inc, Recorded as Document No. 342276 at the
Wright County Recorder’s Office Related to the Development of Barthel Industrial Park. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTIONED
DECLARED CARRIED.
C. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
Arena
Hudson reported that they will not meet until fall.
Fire
Sorensen reported a Firefighter resigned due to a job move during the business meeting. The Fire
Department has been busy preparing for the Department’s Open House during Friendly City Days
Agenda Page 8
City Council Meeting Minutes Page 6
Regular Meeting of June 15, 2015
and it was well attended. He state the Fire Board meeting was rescheduled from late June to early
July.
FYCC
Lannes reported the monthly meeting has been changed to the last week of the month to coordinate
with the School District.
D. Planning/Zoning
1). City Code Amendments Relating to Planning Commission and Parks
Committee
Brixius reported staff reviewed the City Code regarding the Planning Commission due to concerns
of attendance by the commission members at the meetings. Proposed changes to the ordinance
provide for excused absences for reasons of work, out of town trips, illness or other justifiable
reasons. The commissioner must provide notice of absence from a meeting four days in advance of
a meeting date. If absences are frequent or the commissioner misses more than three to four
meetings per year (25-33% of meetings), it may be grounds for removal from the commission. This
was discussed at the last Planning Commission meeting and recommended approval.
Couri suggested that under 2-2-2 C.2.b of the ordinance be amended to state that a commissioner
exceeding the allowed absences may be replaced by a majority vote of the City Council.
Brixius reported the other amendment is to establish the Parks Committee in the City Code similar to
the Planning Commission. Clerk Olson highlighted that the ordinance as presented removes one of
the two City Council appointees from the Committee and adds a fifth citizen member to Parks
Committee.
Motioned by Hendrickson, seconded by Olson, to adopt Ordinance No. 2015-04 Amending Title 2
Boards and Commissions, Chapter 2 Planning Commission with amendments. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Motioned by Hendrickson, seconded by Hudson, to adopt Ordinance No. 2015-05 Amending Title
2 Boards and Commission, Establishing Chapter 3, Parks Committee. Ayes: Hendrickson,
Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED
CARRIED.
Motioned by Hudson, seconded by Olson, to have Vetsch as the City Council appointee to the
Parks Committee and appoint Hudson as an alternate. Ayes: Hendrickson, Hudson, Olson,
Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED.
2). Central Park Master Plan Amendments
Brixius reported this was originally approved in 2012, and since that time, the Park Committee has
requested some adjustments to the plan. He stated they recommended moving the main entrance to
the center of the park rather than closer to the railroad tracks, vehicle access, pedestrian midway,
service drive around the caboose, a hard surface plaza, and sidewalks ad path connections to the
depot and caboose. The changes have been discussed with the Albertville Lions Club.
Agenda Page 9
City Council Meeting Minutes Page 7
Regular Meeting of June 15, 2015
Hendrickson had concerns about the Main Avenue NE entrance will not be viewable by those
driving south on Main Avenue NE and Brixius stated there may be a way to allow that view. Olson
inquired about the costs for the stage and depot. Nafstad replied no cost analysis has been done.
Brixius stated the Lions Club will drive some of the improvements and cited they have already
brought the caboose into Central Park. Sorensen stated that the Lions are not requesting funds from
the City.
Motioned by Hendrickson, seconded by Vetsch, to adopt Resolution No. 2015-028 Central Park
Master Plan Park Amendments. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch.
Nays: None. Absent: None. MOTION DECLARED CARRIED.
E. Public Works/Engineering – None
F. Fire – None
G. Finance – None
H. Building – None
I. Administration
1). Update from Wright County Commissioner Michael Potter
Potter stated he went to Washington D.C. for the second time and made some good connections
during the trip. He highlighted some of the items the Wright County Board has been reviewing. He
thanked the City Council for approving the Oldcastle expansion.
2). Administrative Assistant/Building Permit Technician Position
Nafstad reported that they will be hiring a temporary employee to fill in the position until a
replacement can be hired. Vetsch inquired if staff has evaluated the position and job description.
Nafstad replied that the Building Permit Technician qualification in no longer a requirement but a
preferred qualification and the pay scale has been adjusted for a lower starting wage for a should the
selected candidate not have the certification.
Motioned by Sorensen, seconded by Hudson, to approve the job description and authorize
advertisement for the Administrative Assistant/Building Permit Technician position. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
3). City Administrator’s Update
Nafstad reported that Westbridge Community Church is expected to attend the next City Council
meeting to ask for reconsideration of their rezoning requests. Couri outlined what the City Code
requires in order for reconsideration of a zoning request in less than a year. Sorensen inquired how
the Council can determine if the new site plan is a significant change. Brixius suggested if the
Council is not in support of the rezoning, the application should be reconsidered and brought through
process again to only be denied again.
Agenda Page 10
City Council Meeting Minutes Page 8
Regular Meeting of June 15, 2015
Nafstad is working with BNSF in regards to the condition of the Main Avenue NE railroad tracks
and hopes to bring an estimate to a later City Council meeting.
Hudson left the meeting at 8:50 p.m.
Nafstad reported the City of St. Michael has allowed Albertville to use their speed limit trailer on
Kahler Drive NE. So far no tickets have been issued.
Nafstad stated that the detour signs for the 57th Street NE/Church of St. Albert’s project have gone
up and construction will be starting soon.
9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS
June 22 Joint Powers Water Board, 6:30 p.m.
July 2 City Offices Closed, Observance of Independence Day
July 3 Public Works Closed, Observance of Independence Day
July 6 City Council, 7:00 p.m.
July 13 STMA Ice Arena- CANCELLED
July 14 Planning Commission, 7:00 p.m.
July 20 City Council, 7:00 p.m.
July 27 Joint Powers Water Board, 6:30 p.m.
10. ADJOURNMENT
Motioned by Hendrickson, seconded by Sorensen, to adjourn the meeting at 9:13 p.m. Ayes:
Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED
CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
Agenda Page 11
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2015\070615\2015-07-06 Finance Bills Report (RCA).doc
Meeting Date: July 6, 2015
July 1, 2015
SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, July 6, 2015 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 12
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2015\070615\2015-07-06 Street Closure Request.doc
Meeting Date: July 6, 2015
June 30, 2015
SUBJECT: CONSENT – STREET CLOSURE REQUEST FOR 2015 OPEN STREETS EVENT
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the
following:
MOTION TO: Approve the closure of Main Avenue NE south of the railroad tracks to 58th Street
NE and 58th Street NE to Lander Avenue NE on September 12, 2015 from 8:00 a.m. to 3:00 p.m.
BACKGROUND: In 2014, FYCC, local businesses, and community groups held the first STMA
Open Streets event near Central Park. Open Streets is a national initiative to temporarily close
streets to automobile traffic and promote healthy living and physical activity.
KEY ISSUES:
• The event will be held on September 12, 2015 from 10:00 a.m. to 2:00 p.m.
• FYCC has requested assistance from the Wright County Sheriff’s Office for security and
traffic control for the event.
• Businesses affected by the street closure have been contacted and are in support of the
event.
• A large number of participants are expected at the event.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to approve or deny requests for street closures. The City Council approved the street closure for
last year’s Open Streets event.
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments: Letter from FYCC
Agenda Page 13
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2015\070615\2015-07-06 Parish Festival Gambling Permit RCA.doc
Meeting Date: June 3, 2013
June 30, 2015
SUBJECT: CONSENT - CITY CLERK – CHURCH OF ST. ALBERT LAWFUL GAMBLING
PERMIT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve the Church of St. Albert Lawful Gambling Exempt Permit Application
for the annual Parish Festival that will be held on October 11, 2015 at the St. Albert Parish
Center.
BACKGROUND: The Church of St. Albert has requested the City Council to approve a Lawful
Gambling Permit for their Parish Festival in the fall. The Church of St. Albert is a non-profit
religious organization that holds fund-raising events throughout the year. Their application for
lawful gambling will allow them to conduct bingo, raffles, paddlewheels, pull tabs and tip boards
at the Festival. The Parish Festival will be held on October 11, 2015 at the St. Albert Parish
Center, located at 11458 57th Street NE.
KEY ISSUES:
• The Church of St. Albert is a qualifying non-profit organization.
• The Parish Festival is an annual fund-raising event for the church.
• The Minnesota Gambling Control Board ultimately issues this type of permit, but
requires City and/or County approval before issuance.
FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant
for the gambling permit.
LEGAL CONSIDERATIONS: It is the City’s policy to review and approve or deny gambling
permit applications for gambling activity within the City.
Responsible Person/Department: Kimberly Olson, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments: Church of St. Albert Application for Lawful Gambling Permit
Agenda Page 14
Agenda Page 15
Agenda Page 16
Agenda Page 17
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2015\070615\2015-07-06 El Bamba Wine License.doc
Meeting Date: July 6, 2015
July 1, 2015
SUBJECT: CONSENT - CITY CLERK – WINE LICENSE FOR EL BAMBA RESTAURANT,
LOCATED AT 5986 MAIN AVE NE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve a Wine License for El Bamba restaurant, 5986 Main Avenue NE
contingent upon payment of the liquor license fee, proof of liquor liability insurance, and
approval from the Building Official in regards to compliance with the fencing requirements
outlined in Section 4-1-13 of the Albertville City Code.
BACKGROUND: Dilque Zea has submitted a liquor license application for El Bamba
restaurant, located at 5986 Main Avenue NE. The applicant wishes to serve wine and beer at the
establishment and has already been approved for 3.2% Malt Liquor License.
The establishment will utilize the outdoor seating area on the property. Upon review of the
submitted application, it was determined that the applicant will need to comply with Albertville’s
City Code for required fencing around outdoor areas where intoxicating liquor would be sold.
The applicant has met with the City Planner and Building Official to discuss the fencing
requirements for the property.
KEY ISSUES:
• The applicant has successfully passed the a background check by the Wright County
Sheriff’s Office and the MN Bureau of Criminal Apprehension.
• There are no fire code violations.
• There are no special assessments or fines on the property.
• The license fee will be pro-rated for the remaining portion of the year.
• The applicant has been informed that MN AGED office must inspect the establishment
and holds final approval of the Wine License.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to review and approve or deny liquor license applications received by the City of Albertville.
Responsible Person - Department: Kimberly A. Olson, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: New Liquor License Application
Agenda Page 18
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2015\070615\2015-07-06 Law Enforcement Addendum.doc
Meeting Date: July 6, 2015
June 30, 2015
SUBJECT: CONSENT - ADMINISTRATION - WRIGHT COUNTY LAW ENFORCEMENT
CONTRACT ADDENDUM
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
MOTION TO: Approve the Wright County Law Enforcement Addendum increasing law
enforcement coverage by an additional 4 hours per day for a total of 9,496 hours of coverage
annually.
BACKGROUND: In 2014, based on the recommendation of the Sheriff’s Department, the City
Council chose to increase law enforcement coverage from 24 hours per day to 28 hours per day.
For budgetary purposes, it was decided to have the increase become effective July 1, 2015.
KEY ISSUES:
• For many years Albertville has had 24-hour law enforcement coverage. The Sheriff’s
Department has recommended that Albertville work to increase its coverage to 32 hours
of daily coverage.
• In 2014, Albertville developed a phase in plan to increase coverage by 4 hours beginning
in July of 2015 and potentially another 4 hours in July of 2017.
POLICY CONSIDERATIONS: It is the City’s policy to evaluate and consider contracts on a
case by case basis.
FINANCIAL CONSIDERATIONS: The cost of the service increase has been included in the
2015 Budget. The additional 4 hours of daily coverage for 6 months costs approximately
$48,000 or $96,000 annually.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve and
amend agreements that the City enters into pursuant to Minnesota State Law.
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments: Wright County Law Enforcement Addendum
Agenda Page 19
Agenda Page 20
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2015\070615\Westbridge Reconsideration RCA 7-6-15.doc
Meeting Date: July 6, 2015
July 1, 2015
SUBJECT: WESTBRIDGE COMMUNITY CHURCH REQUEST TO WAIVE THE ONE-YEAR
WAITING PERIOD FOR REZONING REQUEST
RECOMMENDATION: The City has received a request from Westbridge Community Church
to allow it to submit an application for rezoning of a portion of the Leuer-Munsterteiger property
upon which a rezoning request was denied on March 2, 2015. Under the City’s Zoning
Ordinance, once a rezoning request is denied, the Council cannot consider a similar rezoning
request within one year of denial unless it finds either: 1) a significant change in circumstances
since the last rezoning consideration; or 2) the Council permits it by a four-fifths vote.
If the City Council is inclined to grant Westbridge’s request to allow it to apply again for a
rezoning of the Leuer-Munsterteiger property prior to March 2, 2016, staff requests that the
motion take the form of one or the other of the proposed motions below:
Option 1: Motion to permit Westbridge and Leuer-Munsterteiger to submit a rezoning
application for Property ID No. 101-079-000-010 anytime prior to March 2, 2016, based
upon a significant change in circumstances since the consideration of the last rezoning
application. (This motion can pass on a simple majority vote);
OR
Option 2: Motion to permit Westbridge and Leuer-Munsterteiger to submit a rezoning
application for Property ID No. 101-079-000-010 anytime prior to March 2, 2016. (This
motion will require a four-fifths majority to pass).
If the City Council is not inclined to grant Westbridge’s request, staff requests that the motion
take a form similar to this:
Motion to deny Westbridge’s and Leuer-Munsterteiger’s request to consider a rezoning
application for Property ID No. 101-079-000-010 anytime prior to March 2, 2016.
BACKGROUND: Westbridge Community Church and Leuer Munstertieger Properties Inc.
have submitted an application requesting that Outlot A, Heuring Meadows be rezoned from B-2,
Limited Business to P/I, Public Institutional District to allow the site to be developed as a church.
Westbridge Community Church is proposing an initial development of an approximately 17,600
square foot church with a seating capacity of 600 people. They are also proposing a 200 stall
parking lot.
On February 10, 2015, the Albertville Planning Commission met and held a public hearing to
consider this request. After considering the February 5, 2015 planning report, the applicant’s
presentation, and public testimony, the Planning Commission closed the public hearing and
Agenda Page 21
Mayor and Council Request for Action – July 6, 2015
Westbridge Community Church Reconsideration Page 2 of 5
M:\Public Data\City Council\Council Packet Information\2015\070615\Westbridge Reconsideration RCA 7-6-15.doc
Meeting Date: July 6, 2015
recommended that the City Council approve the rezoning of Outlot A, Heuring Meadows from
B-2, Limited Business District to P/I, Public Institutional District.
On March 2, 2015, the City Council met to consider the Westbridge Community Church’s
zoning application and the Planning Commission recommendation. Upon considering the
planning report, public testimony, and Planning Commission recommendation, the City Council,
on a 3 to 2 vote, passed Resolution No. 2015-006 denying the change of zoning based on the
findings outlined in the resolution.
If an application is denied, the same application cannot be considered within one year of being
denied unless: 1) a significant change in circumstances since the last rezoning consideration; or
2) the Council permits it by a four-fifths vote.
Westbridge Community Church has submitted a letter and revised site plan changing their
zoning request. The revised plan requests changing the zoning on the western 335 feet from B-2
to INS to accommodate the church and retaining 200 feet of B-2 zoning along CSAH 19. This
zoning would be accomplished through a subdivision creating two lots. Access to both new lots
and the lot to the northwest will be provided via a private street easement, providing street
connections to both 53rd Street NE and CSAH 19.
KEY ISSUES:
1. Outlot A, Heuring Meadows is 11.5 acres in total area. This outlot was created in 2001.
2. The site is guided by the Albertville Comprehensive Plan for commercial use and zoned
B-2, Limited Business District. This land use for the site was originally established in
1998 and was reaffirmed with the 2012 Albertville Vision Study.
3. Review of the rezoning request against the City’s Vision Study reveals that the land use
change is contrary to the City’s long range land use plan and the stated goals and
policies of the Comprehensive Plan.
4. The B-2 Zoning District does not permit large assembly land uses or churches. As
such, the change in zoning to P/I District is needed to allow for church development.
5. The proposed church use will have characteristics similar to the B-2 commercial uses
except for the large assembly activities.
6. The revised site plan retains a 200 foot commercially zoned parcel to maintain the
commercial land use pattern along CSAH 19.
7. The proposed use as presented in the revised concept plan. The proposed use will need
to file for the following development applications:
a. Subdivision, Preliminary Plat, and Final Plat. This application will require the
church to address the provision of access to CSAH 19 and access to the adjoining
Agenda Page 22
Mayor and Council Request for Action – July 6, 2015
Westbridge Community Church Reconsideration Page 3 of 5
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Meeting Date: July 6, 2015
property to the north, utility extension, and development fees. The subdivision
will create the zoning district borders for the change of land use.
b. Rezoning the site to allow the church use on the western parcel. This zoning
change may be either P/I, Public Institutional District or PUD, Planned Unit
Development District to allow proposed land uses and the creation of a private
street.
c. Site and Building Plan Review. The application must address site plans, grading,
drainage, stormwater treatment.
8. A portion of the site would be removed from the City’s property tax rolls.
9. The applicant has outlined that churches provide economic benefits to the communities
where they are located in the following manner:
a. Churches are a major attractor to a community, drawing people to the community
for church services and activities. This attraction produces spin off businesses to
local retailers and restaurants.
b. The church provides social services within the community and larger area. The
pastor cited that the services may be valued as high as $160,000 annually.
10. The City Attorney has provided an opinion that a contract service agreement in lieu of
taxes is likely unenforceable.
11. The site has utility capacity to serve the proposed church. The extension of utilities
into the site shall be the responsibility of the church.
12. The adjoining streets have the capacity to accommodate the change of use. The
introduction of a large assembly use may accelerate the need for the installation of a
traffic signal at 53rd Street NE and CSAH 19.
13. The City Council denied the previous rezoning request based on the following findings:
a. The requested zoning change is contrary to the Albertville proposed long range
land use plan and the goals and policies of the 2012 Vision Study.
b. The proposed zoning change would disrupt the continuity of the commercial
zoning pattern along CSAH 19 and isolate a B-2 zoned parcel. In isolating this
single commercial parcel, the zoning would negatively impact the future
redevelopment of this parcel.
c. The City would lose a commercial site and tax base from its development. The
proposed service agreement would not generate revenue equal to projected taxes
and would not represent a legally enforceable agreement.
Agenda Page 23
Mayor and Council Request for Action – July 6, 2015
Westbridge Community Church Reconsideration Page 4 of 5
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Meeting Date: July 6, 2015
d. The change of zoning would establish a precedent for similar zoning amendment
requests of commercial zoned properties.
e. The City has other vacant land not zoned commercial that may be considered
without the negative impacts outlined in the February 5, 2015 planning report.
POLICY/PRACTICES CONSIDERATIONS: The request is to allow Westbridge
Community Church to resubmit a rezoning application for Outlot A, Heuring Meadows after
being denied their previous request. In making the Council decision, the Council must either
approve this action on a four-fifths vote or with a majority vote and find that the new application
is a significant change from the denied application. The Zoning Ordinance does not outline
criteria for significant changes. In this light, the Council has some discretion. The following
factors may be weighed:
1. The physical changes to the proposed concept plan.
2. The relationship that the application has to the City’s Comprehensive Plan proposed land
use and stated goals and policies.
3. Whether the revised plans mitigate the concerns/findings outlined in the City Council
Resolution No. 2015-006 for denial.
This application request is to allow Westbridge Community Church the opportunity to reapply
for the change in zoning; it is not approving the rezoning. In this light, the Council should
consider if the project changes are significant enough to garner Council support to avoid taking
the applicant through the time and cost of application preparation and review if the outcome
would still be denial.
FINANCIAL CONSIDERATIONS: The applicant shall be responsible for development
application costs.
LEGAL CONSIDERATIONS: Chapter 300.1.P. of the City’s Zoning Code states:
Whenever an application for an amendment has been considered and denied by the City
Council, a similar application and proposal for the amendment affecting either a portion or
all of the same property shall not be considered again by the Planning Commission or City
Council for at least one year from the date of its denial, except as follows:
1. Applications are withdrawn prior to the city council taking action on the matter.
2. If the city council determines that the circumstances surrounding a previous application
have changed significantly.
3. If the city council decides to reconsider such matter by a four-fifths (4/5) vote of the
entire city council.
Agenda Page 24
Mayor and Council Request for Action – July 6, 2015
Westbridge Community Church Reconsideration Page 5 of 5
M:\Public Data\City Council\Council Packet Information\2015\070615\Westbridge Reconsideration RCA 7-6-15.doc
Meeting Date: July 6, 2015
The City Attorney believes this language allows a second application to go forward if any one of
the three numbered items listed above are met. Since the original application was not withdrawn
before it was denied, a second rezoning request can only be considered before March 2, 2016 if
either items number 2 or 3 are met. The City Attorney requests that any motion to permit the
early consideration of a rezoning request clearly identify which paragraph number it is based on,
as that will affect the number of votes it needs to pass.
Department/Responsible Person: Alan Brixius, City Planner and Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Westbridge Community Church Letter
• Westbridge Community Church Concept Plan
• Council Resolution No. 2015-006
Agenda Page 25
To Whom It May Concern:
We are submitting this letter to request that the Albertville City Council consider an amendment to the
application for rezoning submitted by Westbridge Community Church! According to 300.1 of the city
zoning ordinance:
Whenever an application for an amendment has been considered and denied by the city council, a similar
application and proposal for the amendment affecting either a portion or all of the same property shall
not be considered again by the planning commission or city council for at least one year from the date of
its denial, except as follows:
1. Applications are withdrawn prior to the city council taking action on the matter.
2. If the city council determines that the circumstances surrounding a previous application have changed
significantly.
3. If the city council decides to reconsider such matter by a four-fifths vote of the entire city council.
It is the intent to subdivide the parcel into two lots, the western lots will be for the church and zoned P/I
and the eastern lot will be zoned B-2.
It is the intent to provide a private street easement to the eastern lot and the existing lot to the northeast
to provide a shared private street that provides connections to both County Road 19 and 53rd Street.
Westbridge Church will own the eastern lot which will be zoned commercial; it is the intent of Westbridge,
as owner to carefully assess all offers made on the eastern lot on an individual basis for uses compatible
with the B-2 zoning district.
Based on point number 2 of ordinance Section 300.1, we believe that the attached concept design shows
significant changes to the property previously discussed, and would like the city council to reconsider our
application for rezoning with the current changes made.
Agenda Page 26
We believe that this is a good compromise that shows good faith on the part of Westbridge Community
Church to work with the City of Albertville to preserve the commercially useable parts of the property for
commercial use while allowing for a church to be built on the remainder of the property.
Thank you for your thoughtful consideration of this request!
Sincerely,
Jeremiah Curran
Lead Pastor
Westbridge Community Church
www.WestbridgeChurch.com
Westbridge Community Church | PO Box 148, St. Michael, MN 55376 | 763.634.1005
Agenda Page 27
232 parking spaces
Westbridge
Community
Church
200' - 0"
Future
addition
15
22
40
40
11
200'-0"
9
60 30
5
Future
parking
COPYRIGHT 2014C
Westbridge
COMMUNITY CHURCH
Zoning
B-2 Existing
Re-Zone to P/I Public Institutional
Public Institutional
Setbacks
Front = 35'-0"
Side = 20' (35' adjacent to major street)
Rear = 25'
Auditorium Seating
600 seats
Parking
Ratio = 1:4
600 seats = 150 spaces
Ratio = 1:3
600 seats = 200 spaces
April 23, 2015
Agenda Page 28
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2015-006
RESOLUTION DENYING THE REQUEST OF WESTBRIDGE COMMUNITY
CHURCH AND LEUER - MUNSTERTIEGER PROPERTIES, INC. TO REZONE
OUTLOT A, HEURING MEADOWS, FROM B -2, LIMITED BUSINESS DISTRICT TO
P/I, PUBLIC INSTUTITIONAL DISTRICT
WHEREAS, Westbridge Community Church and Leuer Munstertieger Properties Inc. has
submitted an application requesting a change in zoning from B -2, Limited Business District to
P /I, Public Institutional District for land legally described as Outlot A, Heuring Meadows; and
WHEREAS, the Albertville Planning Commission met on February 10, 2015 and held a
public hearing to consider this requested zoning change; and
WHEREAS, upon considering the February 5, 2015 planning report, presentation by the
applicant, and public testimony, they closed the public hearing and recommended that the City
Council approve the requested change of zoning with a 3 -0 vote with the following findings:
1. No commercial development has occurred on the property since the land use plan was
first established in 1998. The proposed development would bring a use to this vacant
site.
2. The proposed use would be compatible with the residential neighborhood to the west.
3. The proposed church would contribute to the City's economic growth by attracting
people to the community, provision of services, and spin off business opportunities for
nearby commercial areas.
4. The site will still have to undergo both subdivision and site and building review
approvals by the City. Said plans must meet all City zoning and subdivision
performance standards.
5. The site has utility capacity for a church.
6. The adjoining streets have capacity to accommodate traffic from the church. If a signal
is needed at County Road 19 and 53`a Street NE, the church will need to contribute to
its cost; and
WHEREAS, the City Council has reviewed the planning report and the findings of the
Planning Commission and disagrees with the Planning Commission's findings and
recommendation; and
Page 1Agenda Page 29
City of Albertville
Resolution No. 2015 -006
Meeting of March 2, 2015
Page 2
WHEREAS, upon review of the application, the City Council makes the following findings:
1. The requested zoning change is contrary to the Albertville proposed long range land use
plan and the goals and policies of the 2012 Vision Study.
2. The proposed zoning change would disrupt the continuity of the commercial zoning
pattern along County Road 19 and isolate a B -2 zoned parcel. In isolating this single
commercial parcel, the zoning would negatively impact the future redevelopment of the
parcel.
3. The City would lose a commercial site and tax base from its development. The
proposed service agreement would not generate revenue equal to projected taxes and
would not represent a legally enforceable agreement.
4. The change of zoning would establish a precedent for similar zoning amendment
requests of commercial zoned properties.
5. The City has other vacant land not zoned commercial that may be considered without
the negative impacts outlined in the February 5, 2015 planning report.
NOW, THERFORE, BE IT RESOLVED that the City Council adopts the aforementioned
findings of the City Council and denies the change of zoning from B -2, Limited Business District
to P/I, Public Institutional District for land legally described as Outlot A, Heuring Meadows.
Adopted by the City Council of the City of Albertville this 2 °a
day of March, 2015.
Agenda Page 30
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2015\070615\063015 2015 Greenhaven Street RCA (Bid AuthorIzation).doc
Meeting Date: May 6, 2013
June 30, 2015
SUBJECT: ENGINEERING – 2015 GREENHAVEN STREET IMPROVEMENTS
RECOMMENDATION: This space on the agenda is reserved for the City Council to consider
authorizing advertisement for bids for the proposed 2015 Greenhaven Street Improvements. It is
respectfully requested that the Mayor and Council consider the following motion:
MOTION TO: Authorize the advertisement of the 2015 Greenhaven Street Improvements.
INFORMATION: The proposed project is generally limited to full-depth pavement reclamation
and resurfacing of 59th Circle NE and 58th Street NE. The existing pavement has deteriorated
beyond feasible maintenance and repair. If nothing is done to the streets this year, winter snow
removal and the spring thaw may create significant problems.
The Greenhaven neighborhood is rural in design and not served by municipal utilities. In 2008
the City added the reconstruction of the Greenhaven streets along with the extension of utilities
to the City’s 5-year CIP as a potential project for 2013. The cost to extend trunk utilities and
services throughout the neighborhood is estimated to be approximately $1,500,000, which does
not include costs associated with easements, private hook-ups, or SAC and WAC fees. Together
these costs are not believed to be financially feasible at this time.
Municipal utilities will need to be extended to this area when future development occurs and
preferably before Mackenzie Avenue NE needs to be reconstructed. At such time, the
Greenhaven neighborhood still could be served sewer and water.
We are currently working with Bolton and Menk to complete the plans and specifications and, if
authorized to do so, will advertise the project with an anticipated award by Council at the first
meeting in August.
KEY ISSUES:
• The preliminary estimate for the project is $175,000, which could be funded by capital
reserves for transportation.
• 59th Circle NE and 58th Street NE were originally slated to be improved in 2013 as part of
a larger project that included municipal utilities; however, that project is cost prohibitive.
• Final plans and specs and bids will be presented to the Council for consideration and
award at the first meeting in August.
• If authorized, mailed notice will go out to the neighborhood regarding the planned street
repair.
Agenda Page 31
Mayor and Council Request for Action – 2015 Greenhaven Street Improvements
Engineering – June 30, 2015 Page 2 of 2
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Meeting Date: July 6, 2015
FINANCIAL CONSIDERATIONS: Annually the City budgets for infrastructure maintenance
and preservation. The proposed project would be funded primarily through capital reserves
designated for transportation. The preliminary estimate for construction of the project is
$175,000. This figure does not include construction contingencies or overhead associated with
engineering and inspection.
LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to authorize the
preparation and advertising of all municipal improvements.
Submitted Through: Adam Nafstad, City Administrator - PWD
Agenda Page 32
Page 1 of 2
Couri & Ruppe, P.L.L.P.
Memo
To: Adam Nafstad, City Administrator; Albertville City Council
From: Mike Couri
Date: June 30, 2015
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. The State is preparing the deed with the language
it wants. Once we receive it, we will work with the developer of Albertville
Marketplace to get the deed signed.
• Prairie Run. Fieldstone has closed on four of the ten lots in the purchase
agreement to date. In addition, the title issues on the two cul-de-sac lots were
cleared up and Christian Builders closed on these lots. I am currently putting
together a purchase agreement for the 15 tax-forfeit lots with Fieldstone Family
Homes and will have it on this meeting’s agenda if I can get comments back from
Fieldstone’s attorney fast enough.
• Charter Cable. I have still not heard back from Charter Cable regarding
proposed changes to their service to City buildings that runs counter to our
franchise agreement. Charter has provided the City with cable boxes, but we will
likely have a problem with these next fall unless we get this issue straightened out
Agenda Page 33
Page 2 of 2
in the meantime. I will continue to periodically call Charter until I reach someone
or get a return call.
• Oldcastle BuildingEnvelope Expansion. Kennedy & Graven is conducting the
closing on the City’s industrial park lot. I expect the closing to have occurred by
July 3rd.
Agenda Page 34
Mayor and Council Communication
M:\Public Data\City Council\Council Packet Information\2015\070615\063015 PW Maintenance I Position RCA.doc
Meeting Date: July 6, 2015
June 30, 2015
SUBJECT: ADMINISTRATION - FULL-TIME PUBLIC WORKS MAINTENANCE WORKER I
POSITION – MATTHEW MINETTE
RECOMMENDATION: It is respectfully requested that the Mayor and City Council approve the
following:
MOTION TO: Direct staff to offer Matthew Minette the full-time positon of Public Works
Maintenance Worker I at a starting wage of $21.84 per hour with a one-step increase upon passing
the probationary period performance review. The appointment to the position is conditioned on
successful completion of a background check and testing as described in the job description.
BACKGROUND INFORMATION: The position was advertised and 115 applications were
received and reviewed. On June 18 Tim Guimont, John Middendorf, and Adam Nafstad
interviewed six (6) applicants. Upon review of the applications and candidates interviewed,
Matthew Minette is recommended for the position. Mr. Minette has over seven (7) years of public
grounds and maintenance experience; has an Associates degree in turf management; carries
several certifications, including certified playground safety inspector; and is very familiar with
customer service. It is believed that Matthew is well fit for the position and will be a great
addition to the department.
KEY ISSUES:
• Staff recommends offering the position to Matthew Minette.
• The starting pay rate for the position is $21.84 per hour.
• Matthew will accrue vacation and sick leave per the City’s personnel policy, beginning at
10 days of vacation per year, which corresponds to a 2-year Albertville employee.
• It is anticipated that Matthew will start towards the end of July.
• Matthew is currently a Volunteer Firefighter with the Albertville Fire Department. Like
the other City employees who also serve on the Fire Department, Matthew will be required
to enter into an employee agreement for paid-on-call work with the Fire Department.
FINANCIAL CONSIDERATIONS: The pay range for the position is $21.84 to $24.71 per hour.
The 2015 Budget included this position for 6 months. As such, the hiring process was delayed
until mid-year.
LEGAL ISSUES: The City Council has the authority to establish new positions and hire qualified
personnel.
Submitted Through: Adam Nafstad, City Administrator - PWD
Documents on File: Job Description, Position Posting, Application Materials
Agenda Page 35
City Administrator’s Update
July 1, 2015
GENERAL ADMINISTRATION
Old Castle Building Envelope: We believe closing will occur the week of July 6. Scannell is
working towards an early August construction start.
Elementary School: To my knowledge, ISD #728 is still examining whether or not the
undeveloped Towne Lakes area is a viable option.
July Workshop on CIP: We plan to have AE&M present at a workshop on July 20 to discuss the
CIP.
Admin. Asst. /Permit Tech Position: We have a temporary employee, Cara Hotchkiss, through
Vision Staffing filling the position until a full-time replacement is hired. The position was
advertised and applications are due at 5:00 p.m. today, July 1. It is anticipated that we will
receive 60 or more applicants.
Insurance Claim: Last month we had a sewer backup occur on Large Avenue, which affected
one local business. We submitted the claim to LMCIT and are waiting to hear from the adjuster.
Fire Committee: The next Albertville/Otsego committee meeting will be July 8 and the next
Fire Department Business Meeting will be July 9.
ENGINEERING/PUBLIC WORKS
Main Avenue NE Railroad Crossing: I have been working with BNSF regarding the condition of
the timber pads. The railroad is putting together an estimate and draft agreement to replace
the pads. Generally, these agreements have a 90/10 city-railroad cost split. I expect to have
the estimate by late July.
57th Street NE/Church of St. Albert Improvement Project: Work on the westerly Church
parking lot is well underway and the 1st lift of pavement in place. Beginning Monday, July 6, the
Main Avenue NE and 57th Street NE intersection will be closed for utility work. We hope to
open the intersection on Wednesday.
Greenhaven Streets: If authorized, staff will advertise for bids for the paving project and
present bids at the first meeting in August. Construction will take approximately 3 weeks,
which I would like to complete by mid-September.
UPCOMING EVENTS and ANNOUNCEMENTS
Groundbreaking for Trailblazer Facility in Buffalo: Wednesday, June 8, 9:00 a.m., 115
Commerce Circle, Buffalo
Agenda Page 36