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2014-09-15 CC MinutesAlb£rtvij�e 9 ft MV Ub. ALBERTVILLE CITY COUNCIL Monday, September 15 2014 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:02 p.m. 2. ROLL CALL 7:00 PM Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch, and Wagner Others Present: Finance Director Tina Lannes, City Attorney Mike Couri, City Planner Alan Brixius, Public Works Supervisor Tim Guimont, Water /Wastewater Supervisor John Middendorf, Patrick Cole, Brad Cedergren, Candi Testa, Jacob Steen, Lori Goutermont, Walter Hudson, and Nancy Thompson 3. RECOGNITIONS- PRESENTIONS- INTRODUCTIONS - None 4. PUBLIC FORUM Lori Goutermont, 512 12`h Street SW, St. Michael, was present for the proclamation of Women of Today Week. Hendrickson read a proclamation proclaiming September 21 -27, 2014 as Minnesota Women of Today Week. 5. APPROVAL OF THE AGENDA Hendrickson moved Planning Item E1 to immediately after the consent agenda. Motioned by Vetsch, seconded by Sorensen, to approve the Agenda as amended Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by 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 Page I the Consent Agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the September 2, 2014 regular City Council meeting minutes as presented B. Approve the September 8, 2014 budget workshop City Council meeting minutes as presented C. Authorize the Monday, September 15, 2014 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 D. Approve Memorandum of Understanding Between Wright County and the City of Albertville to Purchase Salt for the 2014 -2015 Snow and Ice Removal Season E. Approve the 2015 Preliminary Levy and Budget to include Resolution 2014 -025 Adopting the Preliminary Property Tax Levy and Resolution 2014 -026 Adopting Preliminary Budget F. Approve Resolution No. 2014 -029 Adopting Decrease Debt Service Levies G. Approve Resolution No. 2014 -030 Adopting Increase Debt Service Levies H. Accept Utility Department Update Sorensen asked that Item 6A be corrected to show the time and motion of the City Council meeting adjournment. Vetsch removed Item 6E from the consent agenda for discussion under Finance. Motioned by Vetsch, seconded by Sorensen, to approve the Consent Agenda as mended. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent. None. MOTION DECLARED CARRIED. A. Planning/Zoning 1). Nelson Billboard Appeal Brixius reported the applicant, Stephen Nelson, 7656 128`h Street W, Apple Valley, MN, had applied for a billboard sign just west of the Space Aliens building. Brixius stated staff met with Sheila DeVine of Warnert Commercial Real Estate LLC to discuss options for the construction of a billboard on Block 1, Lot 1, Field Plaza 2nd Addition. In that meeting, staff discussed whether the site qualified as a billboard site under Albertville's sign ordinance. Staff felt the billboard did not meet City Code standards as listed below: The site in question is not immediately adjacent to the Interstate right -of -way. The site is separated from the Interstate by property owned by the City of Albertville. Without this adjacency, the site will not be eligible for a billboard. A second issue exists relating to setbacks. Section 10 -7 -6 requires advertising devices to meet the minimum setback of the base zoning district. The site is zoned B -3 which requires a 20 foot rear yard setback. The City owned property to the north has a depth of 88 feet. Even if the property were considered immediately adjacent to the Interstate right -of -way, the 88 foot depth of the City property and the 20 foot setback required on the property places the City Council Meeting Minutes Page 2 Regular Meeting of September 15, 2014 proposed sign more than 100 feet from the Interst, the defined adjacent area. On July 21, 2014, the City received a permanent sign permit application to construct a dynamic billboard on Block 1, Lot 1, Field Plaza 2nd Addition. After a phone discussion with the applicant, City staff issued an August 7, 2014 letter denying the sign permit finding that the site is not eligible for a billboard. On August 19, 2014, the City received a request for Council appeal of the sign permit denial (Exhibit Q. After discussion between City staff and the applicant's attorney, they submitted a revised appeal letter dated August 22, 2014 that approval of the sign should be granted on the following grounds: • The ordinance does not make reference to the adjacency requirement and the adjacent areas by definition may include multiple tiers of lot provided they are within 100 feet of the Interstate right -of -way. • The City owned right -of -way that lies between the applicant's lot and the I -94 right -of -way is intended to be used as Interstate right -of -way with the development of Phase 2 of the Interchange improvements and should be considered part of the I -94 right -of -way. Brixius reported that in response to the appeal and grounds listed, staff found: • The proposed sign is located 108 feet from the I -94 right -of -way as defined as the adjacent area in Section 10 -7 -2 of the Albertville Sign Code. • The City owned right -of -way is not Interstate right -of -way in that it is owned by the City, contains utilities, and performs a separate function than the I -94 right -of -way. The City utilities will require relocation prior to its use as I -94 right -of -way. • While the Albertville Comprehensive Plan identifies the Phase 2 improvements to the County Road 19/I -94 ramp as a City goal, this goal is time sensitive in that it is reliant on actions beyond the control of the City. The City is not obligated to implement a zoning approval based on the stated Comprehensive Plan goal. The premature installation of a sign at this location may be an obstacle to the implementation of the City's Comprehensive Plan goals for the County Road 19/1 -94 ramp and C -D road. Patrick Cole, Larkin Hoffman Attorneys, was present and represents the applicant Mr. Nelson. He stated their issue is with the interpretation of adjacency requirements and they would like to see the ditch removed from the area of land to be included while determining adjacency. Vetsch stated that he was concerned about future claims for damages. Couri stated that they should not consider future damages, but whether it will inhibit the implementation of the Comprehensive Plan in the future. City Council Meeting Minutes Page 3 Regular Meeting of September 15, 2014 Couri stated that he felt staff interpretation to be correct and even if they should construct the ramp, they would need to measure from the prolongation of the normal right -of -way. He does not see how they could approve the billboard with the way the Code is written today. Couri stated that Minnesota does not allow a "use" variance and that is the type of variance that would likely be needed here. The only way he could see approval of the billboard sign would be to amend the ordinance which would be a Council policy decision that could affect current and future billboards. Vetsch inquired if the lot is a buildable lot. Brixius stated that it was and the Code does not prohibit both billboards and buildings on the same lot. Jacob Steen, Larson Hoffman Attorneys, suggested they amend the setback from 20 feet to 12 feet so that it affects only this property, rather than others in the City. Hendrickson stated that she is pro- business. Sorensen stated that he did not feel this should be addressed with a variance, but believes the only way to make it work would be to amend the Code. Olson inquired if they needed to act on the appeal. Couri stated they would need to reply to the applicant within sixty (60) days. Couri suggested bringing the item back to City Council at the October 6, 2014 meeting. Cole stated the applicant was comfortable extending the response period another thirty (30) days if needed. Council directed staff to work with the applicant to come up with a solution. 7. PUBLIC HEARING — None 8. Department Business B. City Council 1). Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, etc.) There were no committee updates. C. Finance -None 1). Approve the 2015 Preliminary Levy and Budget Vetsch inquired if they could take some of the $90,000 set aside for Fire Relief Association to decrease the levy amount. Lannes replied that if the money is taken out by either Otsego or Albertville, they would need to fund that money back the next year. She did not recommend doing so. Hendrickson stated she had spoken with Sheriff Hagerty regarding law enforcement services and stated she is comfortable with what was decided at the last workshop. Wagner stated that he is struggling with understanding the need for the additional Public Works position given the City is only four (4) square miles in size and invited Public Works Supervisor Guimont to speak as to why they needed an additional City Council Meeting Minutes Page 4 Regular Meeting of September 15, 2014 Public Works employee. Guimont stated that they had outsourced for vehicle maintenance and repairs in the past and they have since taken all those repairs for Public Works, Fire, and STMA Ice Arena in -house due to the capabilities of the current staff. Wagner inquired if the City is saving money this way. Lannes stated that she has seen a significant decrease in expenses in that area. Guimont stated a lot of Public Works time is spent at City Hall for set up and take down for room reservations, usually every day. Guimont stated they have taken over sprinkler maintenance, street patching, and sidewalk repair /snowblowing. He stated they are struggling to maintain the current level of service as the City is getting older, requiring more work, and he would like to increase the level of service. Vetsch would like to see another sheriff's quadrant car for northeast Wright County. Motioned by Sorensen, seconded by Olson, to approve Resolution No. 2014 -025 Adopting the Preliminary Property Tax Levy and Resolution No. 2014 -026 Adopting the Preliminary Budget. Ayes: Hendrickson, Olson, Sorensen, and Wagner. Nays: Vetsch. Absent. None. MOTIONDECLARED CARRIED. D. City Clerk -None E. Public Works/Engineering - None F. Building - None G. Legal 1). City Attorney's Report H. Administration 1). City Administrator's Update Sorensen inquired if the City newsletter would include candidate biographies. Lannes stated staff is currently undecided. Sorensen encouraged staff to include the candidate information in the newsletter, since he has received comments that residents have read and liked having that information in the newsletter. Hendrickson stated she would be attending an I -94 Coalition event with Corridors of Commerce to get the environmental study done for the expansion of 1 -94 to Highway 25 in Monticello. September 18 Beyond the Yellow Ribbon Kickoff, 6:30 p.m., City Hall September 22 Joint Powers Water Board, 6:30 p.m. .Parks Committee, 8:00 p.m. October 6 City Council, 7:00 p.m. October 13 STMA Ice Arena Board, 6:00 p.m. October 14 Planning Commission, 7:00 p.m. October 20 City Council, 7:00 p.m. October 27 Joint Powers Water Board, 6:30 p.m. City Council Meeting Minutes Page 5 Regular Meeting of September 15, 2014 10. ADJOURNMENT Motioned by Wagner, seconded by Olson, to adjourn the meeting at 8:1 S p.m. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. submitted, berly A. Olson, City Clerk City Council Meeting Minutes Page 6 Regular Meeting of September 15, 2014