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2013-10-21 CC Minutesj'`-- Nbertville U*.9.ftCkv U.. ALBERTVILLE CITY COUNCIL Monday, October 21, 2013 ADOPTED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:05 p.m. 2. ROLL CALL 7:00 PM Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch, and Wagner Absent: None Others Present: City Administrator-PWD Adam Nafstad, City Attorney Michael Couri, City Planner Alan Brixius, City Clerk Kimberly Olson, Senator Mary Kiffineyer, Susan Dixon, Wally Odell, and Wayne Elam 3. RECOGNITIONS, PRESENTATIONS, INTRODUCTIONS Senator Mary Kiffineyer introduced herself and reported that for Albertville the biggest item she has been working on has been the I-94 expansion from Rogers to Highway 241. She stated it is important for economic development and she is dedicated to working hard to get road that is so badly needed. She added it is very competitive to receive funding for road expansion. Kiffineyer stated the Legislature has passed an exemption on sales tax for cities and she has estimated that could create a savings of approximately $173,000 that would have otherwise been sent to the State. She also stated the City will receive Local Governmental Aid, but suggested the City not incorporate those funds into the budget until received. She inquired if there are specific issues the City Council would like her to work on. Vetsch inquired what year the sales tax exemption would apply. Kiffineyer replied it would be the next fiscal year or in Albertville's case, 2014. Hendrickson thanked Kiffineyer for speaking. Kiffineyer stated she would like to stay for the remainder of the meeting to see the issues that face the Albertville City Council. She encouraged any members of the Council or the public to contact her at 763-639-8058. 4. PUBLIC FORUM Susan Dixon, 11816 54t' Street NE, stated that she has the property that experienced flooding in June. She stated that she is very frustrated and has now received her third letter from the League of Minnesota Cities stating they need more time to investigate the claim. She stated that she has not heard from the City and wants to know what the City has done to move her claim forward. She Page 1 expressed concern that the Council has approved a utility vehicle and she has also watched a wooden boardwalk be constructed and she still has no carpet in her basement and no resolution to the claim she filed. She stated she is very upset and disappointed. Couri replied the League has sent over several questions to the Administrator that he has answered and Couri believes they are working with their claims adjusters and attorneys to see if there is liability on the City's part. Couri stated the City cannot expend public dollars on a private property issue. Hendrickson stated she has been in contact with the Administrator to see what has been done to move the claim along. She stated that the Council approved an improvement project for that area in 2014. Hendrickson clarified that the boardwalk is an Eagle Scout project where the scout f indraised almost all of the funds himself. Vetsch inquired from the City Attorney if it generally takes this long for the League to respond. Court replied that it almost always takes at least thirty days and it seems to him that based on the questions given to the Administrator to answer, the League is being very thorough in their investigation on whether the City holds any liability or not. Hendrickson stated that all of them feel badly about what happened, but hopes Ms. Dixon can see why the City cannot take action until the investigation is over. Nafstad stated that the League has requested some fairly significant discovery questions and data and staff is in the process of providing that information to the League. Nafstad stated that staff is continuing to move forward with the improvement project for increased storm water capacity. Vetsch encouraged staff to move the claim along as quickly as possible. Couri again recommended the Council not spend public funds on a private problem and they must wait to see if the City is liable. He stated that if a lawsuit were filed against the City, the City could deem that it would be cheaper to settle a lawsuit rather than go to trial and that would be the only way he could see that public funds could be used. Olson asked if this is the first time a claim has gone to the League for this issue. Nafstad reported he believes it is and Olson asked how many total claims were filed. Nafstad replied there are four total and each one has its own investigation. Vetsch asked when the 2014 improvements will begin. Nafstad replied they would bid the project in early spring 2014 with construction in late spring/early summer. Dixon inquired if the project has been approved. Nafstad stated that it was dedicated in the budget process, but plans and specs will come before Council for approval in 2014. Vetsch stated that he and the whole Council is in support of the improvement project and will move to approve it in 2014. 5. APPROVAL OF THE AGENDA Wagner would like to add Public Institutional Space on the Zoning Map under Planning and Zoning. City Council Meeting Minutes Page 2 Regular Meeting of October 21, 2013 Motioned by Vetsch, seconded by Olson, to approve the agenda as amended. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent. None. MOTIONDECLARED CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by City Staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the October 7, 2013 regular City Council meeting minutes as presented B. Authorize the Monday, October 21, 2013 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request C. Approve purchasing a Kubota RTV 500 utility vehicle for the Parks Department at a cost of $8,450. Motioned by Olson, seconded by Hendrickson, to approve the consent agenda as presented. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent. None. MOTION DECLARED CARRIED. 7. PUBLIC HEARING — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates STMA Ice Arena Board Sorensen reported they have authorized bidding for the roof repairs. He stated the Youth Hockey Association informed the Board they would be putting in an outdoor ice rink. He stated the Association will be preparing the rink in the spring of 2014 for it to be in place for the following winter. Nafstad stated the Association is in negotiation for a lease with the School Board for the site. Anticipated plans include bleachers and lights and staff will be discussing the proposal in the coming weeks. B. Public Works and Engineering 1). Public Works General Update Guimont informed Council that staff checks the 541' Street NE/Barthel Industrial Blvd catch basin first thing whenever there is a storm. He also let Council know that a Public Works employee donated his time to oversee the boardwalk project. Guimont thanked Council for approval of the utility vehicle. City Council Meeting Minutes Page 3 Regular Meeting of October 21, 2013 Nafstad inquired about holiday lights. Guimont stated the Lions would like to put in receptacles in on 57th Street NE for holiday lights. Public Works has some old decorations they can refurbish. Hendrickson inquired about plans for a holiday tree in Central Park. Guimont stated it hasn't been finalized, but they would only plant the tree this year and not decorate. He will bring it forward when he hears more from the Lions. Hendrickson stated that her only issue would be to consider calling it a holiday tree rather than a Christmas tree. C. Planning 1). Zoning Map Amendment for Darkenwald Holdings, Ltd. Brixius stated John Darkenwald is applying for a re -zoning of three parcels just over 88 acres from I-1 Limited Industrial District to B-2A, Special Business District. The B2-A district will allow for a mix of uses compatible with the existing commercial development in the area. The applicant is in the initial phase of planning for a hospitality, entertainment and retail complex and needs the re -zoning for financial reasons showing the City is supportive of further planning to proceed. No detailed plans have been submitted at this time. Brixius stated that the new zoning would have higher performance standards than the I-1 Limited Industrial District and would also fall in line with the goals of the 2012 Visioning Study. Brixius stated a public hearing was held by the Planning Commission and they recommended approval at their last meeting. Motioned by Sorensen, seconded by Wagner, to adopt Ordinance No. 2013-09 amending the official Zoning Map of the City of Albertville, relating to the Darkenwald Holdings, Ltd Property located at 10395 70`h Street NE in the City of Albertville. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent. None. MOTIONDECL,4RED CARRIED. 2). Conditional Use Permit for an Oversized Accessory Structure for the Property Located at 12455 60th Street NE Brixius reported the applicant is seeking a 2,400 square foot detached storage building in addition to the attached the garage at the property. The purposed building will be used for vehicle, boat, and equipment storage. The height of the building will be 19.5 feet which exceeds the 16 foot height limit for accessory buildings. The Planning Commission held a public and heardconcerns about the accessory building being used for commercial uses or outdoor storage of vehicles. The applicant indicated he had no intentions of using the building for business purposes. Brixius stated that staff has added conditions to the Conditional Use Permit prohibiting commercial business or home occupation in the building. The Planning Commission recommended approval of the Conditional Use Permit with those conditions. City Council Meeting Minutes Page 4 Regular Meeting of October 21, 2013 Motioned by Wagner, seconded by Hendrickson, to adopt Resolution No. 2013- 037 approving a Conditional Use Permit for an oversized accessory structure located at 12455 60th Street NE in the City of Albertville. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent. None. MOTION DECLARED CARRIED. 3). Conditional Use Permit for a Drive -Through Service Lane for Red Roosters Properties, Inc. for the Property Located at 5952 Large Avenue NE Brixius stated that the property is zoned B-3 and is being considered for purchase. The applicant is looking to reestablish the convenience store, fuel sales, auto repair, and fast food sales. They will not be re -opening the drive -through car wash. The location is a challenge for a drive -through lane and will require conditions that the applicant will need to meet. The Planning Commission held a public hearing held and concerns were raised about pedestrian access to the building and vehicles in the drive -through lane. The Commission recommended approval with the following conditions: • Pedestrian signage at the pedestrian crossing • A fence between the sidewalk and the drive -through lane to improve pedestrian safety • There will need to be a raised median to establish the queue lane • Bollards are to be located at key locations • No stacking of vehicles into the public street right of way • Resurface and striping of the lot Brixius stated the applicant has proposed a six car queue lane and the menu board will be located in such a way that will prevent vehicles in the queue lane from moving into the pedestrian crossing. He reviewed the recommended placement of bollards. He also reviewed how diesel trucks would gain access to and exit the site. Brixius stated that the Planning Commission recommended approval on a 2-1 vote and the vote against was due to the proximity of the fast food business to a business of a similar nature. Brixius explained that if the applicant can meet all the conditions, the City Council may determine the drive -through is appropriate at the location. Vetsch had concerns that there was no exit on the north side of the building. Olson had concerns about trucks accessing and exiting the site for diesel fueling. Council asked the applicant if they had experience with fast food drive through and convenience stores. The applicant replied he owns six other Taco Johns and several convenience stores. Vetsch expressed his concerns about parking at the site. Wagner stated that there are conditions in place if it doesn't work. Sorensen stated that there are other fast City Council Meeting Minutes Page 5 Regular Meeting of October 21, 2013 food drive-throughs that are also retrofitted for a specific site and he felt the public will get used to the lay out. Olson stated that there are many types of businesses at the site and if that will pose a problem. Brixius replied that all those businesses are allowed and were a previous use for the site and only the drive -through lane is new. Motioned by Sorensen, seconded by Wagner, adopt Resolution No 2013-038 approving a Conditional Use Permit for a drive -through service lane for the former Sunoco property located at 5952 Large Avenue NE within the City of Albertville. Ayes: Hendrickson, Olson, Sorensen and Wagner. Nays: Vetsch. Absent: None. MOTIONDECLARED CARRIED. 4). Public Institutional Zoning Wagner stated that he noticed the old convent property was for sale by 58th Avenue NE and Main Avenue NE. He inquired if the Council would be interested in possibly purchasing the property and incorporating it into the Public Institutional area around Central Park. Brixius stated that the property has had many code enforcement issues and the Council would have to determine if this is the right time to purchase and if the City could afford it. He stated if the property is occupied there may be some relocation costs and if not, they could get an appraiser and make an offer. Wagner felt that it would be nice to have that corner has part of the overall Public Institutional area. Vetsch stated that the lot has another lot that wraps around the parcel. Olson stated that is listed for sale at $64,900 and built in 1904. Council directed staff to gather information on the property and report back to the Council. D. Finance — None E. City Clerk — None F. Building — None G. Legal —None H. Administration 1). County Road 37/70th Street Agreement Nafstad stated the cities of Albertville, Otsego, and St. Michael have worked to prepare a draft agreement for the coordination of 70th Street NE improvements. He felt this is more of a coordination agreement amongst the cities. He stated the agreement identifies how the 70th Street NE corridor will be built in time. The key Albertville issues are: • Wright County will take over the road after the 70th Street NE improvements are made from CSAH 19 to Oakwood Avenue NE City Council Meeting Minutes Page 6 Regular Meeting of October 21, 2013 • The entities will seek federal funding to improve CSAH 19 and 70'' Street NE • CSAH 37 will be re -designated as County Rd 137 • The agreement does not bind any entity to pay for the CSAH 19 or 70th Street NE Nafstad stated he spoke with Wally Odell earlier in the day about 70t' Street NE west of CSAH 19. Vetsch questioned what the plan is for CSAH 37 west of CSAH 19. Nafstad replied that ultimately it would be to move it north of I-94 to meet up with 70t' Street NE. Vetsch questioned what the long range plan was for this agreement. Odell stated that he is a resident of Otsego and stated that his concern is that not enough discussion has been held regarding some of the language that was in included in the agreement. He stated that there were changes from an original draft to the one before Council tonight. He stated that both Otsego and Albertville need as much help as they can get for 70t' Street NE improvements and getting traffic over to the commercial properties in Albertville. He asked Council to table the item for the night to hold more discussion in later meetings. He would like to see Council get more information before approving the agreement. Couri stated the agreement tried to avoid laying out who will fund 70th Street NE improvements. He stated it is an agreement to agree to meet in the future about CSAH 19 and 70' Street NE. However, it does not bind any entity at this point. He said it is a general understanding to apply for federal funding and to meet in the future to decide how to apply the federal funding and how CSAH 19 and 70t` Street NE improvements will proceed. He stated that it keeps CR 37 as a County Rd and relieves Albertville of 70`" Street NE between CSAH 19 and MacIver Avenue NE. Hendrickson stated that she had a hard time with some of the language. Couri stated there was also some language they worked to havve taken out. Couri stated the agreement still needs to go to Wright County Board for approval and they felt a united front between the cities would help their cause. Nafstad thought the agreement is more critical to Otsego for them to move forward with their 2014 projects. He stated that funding applications will be accepted soon for Region 7W transportation funds. Brixius stated they may have better success to receive funding with an application from all entities in the agreement. Hendrickson would like to see the vision for the corridor completed. Odell stated that there are sometimes unintended consequences of a good faith effort. He stated that it could be seen that there is support for an interchange at Naber Avenue NE and it could make it difficult to ever get an interchange at Kadler Avenue NE. He just wants to see it developed the right way. City Council Meeting Minutes Page 7 Regular Meeting of October 21, 2013 Hendrickson had concerns with where funds would go first. Nafstad stated that funding should be the least of concerns with the agreement because it is very competitive and funding is limited and will fund the entire improvements. He finds the agreement beneficial because the City would not be assuming a road with high traffic volumes and it prioritizes these projects as a joint effort. Sorensen asked if in discussion with Wright County staff if 70th Street NE west of CSAH 19 was discussed and Nafstad stated it was not in relation to this agreement. He stated that there is only one resident in that area right now. Vetsch would like to see a workshop to discuss each point in the agreement. He would like to be sure that all the Council understands the entirety of the agreement and he agrees with Mr. Odell that more discussion be had. Couri stated that would be a good move on the Council's part. He added, however, they should refrain from mentioning any financial obligations. Olson questioned how the City would look if they pursue funding for 70th Street NE and CSAH 19 rather than funding for I-94. Nafstad stated that I-94 would not be eligible for Region 7W transportation funds. Kiffineyer stated that she attended a recent Otsego City Council meeting on the same topic, so a workshop makes sense to her. She stated that interchanges are very difficult to get and it looks like the 70th Street NE improvements iwould be attainable much sooner. She would like to see I-94 widened to CSAH 19 and she will work on that in the next Legislative session. Nafstad stated that Naber Avenue NE does have approval from MnDot for an interchange, but not Kadler Avenue NE yet. . Hendrickson would like to show support for the other cities, but wants to be sure they do their due diligence. Council set a workshop meeting immediately following the November 4, 2013 regular City Council meeting. 2). City Administrator's Update Nafstad stated that work on the old Public Works Building is mostly complete and the Soccer Club is hoping for an opening in November. He stated that it is under budget. Olson inquired if striping will be done at the City Hall parking lot. Nafstad reported that all contractors are booked out and it has been difficult to get a commitment, so he feels that neither the Fire Hall nor City Hall lots will be done this year. 10. ANNOUNCEMENTS and/or UPCOMING MEETINGS Hendrickson announced that she recently spoke at Middle School West on leadership and she will be sending letters to all recipients of the Leadership Awards that were given out. City Council Meeting Minutes Page 8 Regular Meeting of October 21, 2013 October 28 Joint Powers Water Board, 6:30 p.m. November 4 City Council, 7:00 p.m. November 11 Veterans Day, City Offices Closed November 12 STMA Ice Arena Board, 6:00 p.m. Planning Commission, 7:00 p.m. November 18 City Council, 7:00 p.m. November 25 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. November 28 Thanksgiving Day, City Offices Closed November 29 City Offices Closed 11. ADJOURN MEETING Motioned by Hendrickson, seconded by Wagner, to adjourn the meeting at 9:17 p.m. Ayes: Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, /�� - " W- (� r� ---_ Kimberly X. Olson, City Clerk City Council Meeting Minutes Page 9 Regular Meeting of October 21, 2013