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2015-03-02 City Council MinutesNbertvine $.'T , U.,g..w C" uk, ALBERTVILLE CITY COUNCIL Monday, March 2, 2015 7:00 p.m. APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:00 p.m. 2. ROLL CALL 7:00 PM Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch Absent: None Staff Present: City Administrator -PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, and Sergeant Eric Kunkel Others Present: Jacob Steen Jason Becker Bob and Juamil Lezer Andrew Voge Brett and Sarah Kaczor Stacy Behrens Michelle Weber Terry and Amanda Conrad McKenna and Russ Rogers Nate and Leslie Olson Lanae and Abe Wallace David Grabowski Troy Gustafson Kelly and Mike Colusimo Kevin and Joelle Vote Jeremy and Susanne Wagner Samantha and Andrew Grimsley Mindy and Jeremy Johnson Kris Cruikshank Nick Kehoe Larkin, Hoffman Attorneys 6733 East Oak Drive, Monticello 603 Buffalo Hills Street, Buffalo 2233 Dakota Avenue NE, St. Louis Park 8334 Padgett Avenue NE, Otsego 1491 Jackson Avenue NE, St. Michael 1199047 1h Place NE, St. Michael 18689 Traverse Lane, Big Lake 4193 d Street NW, St. Michael 7850 Parish Avenue NE, Otsego 1177876 1h Street NE, Otsego 608 Holly Circle SW, St. Michael 4225 Katlin Avenue NE, St. Michael 14056 Savanna Drive, Rogers 4890 Page Avenue NE, St. Michael 5456 54th Circle NE, Albertville and 8290 Pioneer Trail, Greenfield 111 Rambling Creek Drive, St. Michael 3388 Kahler Court NE, St. Michael 4502 10th Street NE, Buffalo 6446 Marshall Avenue NE, Otsego M:\Public Data \City Council \Council Minutes\2015 Minutes\2015 -03 -02 CC Minutes.doc Meeting Date: March 2, 2015 City of Albertville Council Agenda Monday, March 2, 2015 Page 2 of 11 Adam Duerr 6599 Mason Avenue NE, Otsego Mark Rachel 14051 Teal Court, Rogers Chad and Kris Bennett 565 Sycamore Avenue NW, St. Michael Matt Fitch 5295 Kahler Drive NE, Albertville Marcia Phillips 4885 Kassel Avenue NE, Albertville Ryan Ottman 4285 Kady Avenue NE, St. Michael Danielle and Derek Eiklenborg 1610 Anderson Avenue, Buffalo Jeremiah Curran 851 Kayla Lane, Hanover Adam Litterault 7534 Landau Avenue NE, Otsego Jason and Jenny Becker 6733 East Oak Dr, Monticello Duane and Jan Capps 11631 55th Street NE, Albertville Scott Graham 1271 Vernon Street, Big Lake Bryce Johnson 1251643 d Street NE, St. Michael Jeff Wigfield 13684 48th Street NE, St. Michael Justin Dahmer 11199 691h Street NE, Albertville Terry Jakubiez 13657 Island View Drive, Elk River Olivia Thul 7596 Landau Avenue NE, Otsego Tim and Sarah Sixta 9851 101St Street NE, Otsego Eric Bullen 11281 691h Street NE, Albertville Mike Jensen 417 Prairie Road, Monticello Jeremy and Paige Martin 5680 Iffert Avenue NE, St. Michael Tony Howard 1186847 th Place NE, St. Michael Gary Vetsch 350 Creekside Drive, St. Michael Tim Demery 644882 rid Street NE, Monticello Alec Barden 19912 Darrell Lane, Corcoran Michaela and Chad Anderson 6922 Marting Farms Avenue NE, Otsego Cheryl and Connie Paulson 1499 Jackson Avenue NE, St. Michael Lawrence Didur 413 Rambling Creek Circle, St. Michael John Warner 5447 Labeaux Avenue NE, Albertville Marcus Barden 19912 Darrell Lane, Corcoran Jeremy Martin 5680 Iffert Avenue NE, St. Michael Brent and Chris Burham 6301 Marshall Avenue NE, Otsego Dawn Brommer 13947 55th Street NE, St. Michael Arianna Delmonico 1021946 1h Street NE, St. Michael Georgia Husting 406 Maple Knoll Way NW, St. Michael Mike and Dawn Sinkule 409 Rambling Creek Circle, St. Michael Jason Richardson 4864 1h Street NE, St. Michael Lance and Layla Burda 12455 601h Street NE, Albertville Karen Malin 4325 Harvest Court, Monticello Michelle Pritchard 13399 Hyner Road, Rogers Cindy Lehn 11558 57th Street NE, Albertville Dexter Phillips 4883 Kassel Avenue NE, Albertville M: \Public Data \City Council \Council Minutes\2015 Minutes\2015 -03 -02 CC Minutes.doc Meeting Date: March 2, 2015 City of Albertville Council Agenda Monday, March 2, 2015 Page 3 of 11 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS — None 4. PUBLIC FORUM — (time reserved 5 minutes) Hendrickson indicated there is one "request to speak" to card, but it falls under the Westbridge /Leuer rezoning and she asked the speaker to speak at that time. 5. APPROVAL OF THE AGENDA Nafstad added farming of City -owned parcel as Item H3 to the agenda. Motioned by Vetsch, seconded by Hendrickson, to approve the agenda. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nay: None. Absent: None. MOTIONDECLARED CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the February 17, 2015 regular City Council meeting minutes as presented B. Authorize the Monday, March 2, 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 Sorensen had a minor amendment to the February 17, 2015 City Council minutes. He stated the Council members absent should be Olson and Vetsch rather than Olson and Sorensen. Both Olson and Vetsch abstained from approving the Consent Agenda as they were both gone from the February 17, 2015 City Council meeting. Motioned by Hudson, seconded by Hendrickson, to approve the Consent Agenda. Ayes: Hendrickson, Hudson, and Sorensen. Nays: None. Abstain: Olson and Vetsch. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS — None M:Tublic Data \City CouncillCouncil Minutes\2015 Minutes\2015 -03 -02 CC Minutes.doc Meeting Date: March 2, 2015 City of Albertville Council Agenda Monday, March 2, 2015 Page 4 of 11 8. DEPARTMENT BUSINESS A. Planning/Zoning 1). Rezoning Application from Westbridge Community Church/Leuer- Munstertieger Properties, Inc, to Rezone Outlot A, Heuring Meadows, from B -2, Limited Business District to P/I, Public Institutional District Brixius reported there is a rezoning request for Outlet A, Heuring Meadows, from B -2 Limited Business, to P /I, Public Institutional. This site is 11.5 acres in total area. The outlot was created in 2001 and there is a B -2 single parcel in the northeast corner of the site. The application before Council includes a concept plan for a 17,600 square -foot church with a seating capacity for 600 peo�le. The concept plan also shows a 204 stall parking lot with access points at CSAH 19 and 53` Street NE. The Planning Commission reviewed the February 5, 2015 planning report and held a public hearing at the February 10, 2015 Planning Commission meeting. It was recommended by a 3 -0 vote of the Planning Commission to change zoning for Outlot A, Heuring Meadows, from B -2, Limited Business to P /I, Public Institutional District. Brixius stated the site is guided in the Comprehensive Plan as commercial land use in a B -2 arrangement extending up to the townhomes. The zoning was established in 1998 as B -2 Limited Business to allow low intensity uses that would be compatible to uses along CSAH 19 as well as adjoining residential neighborhoods. In 2012, the Visioning Study re- established the land use objectives and established the current land use map. In review of the application, staff found that the land use change is inconsistent with the City's long -range land use plan and contrary to the goals and policies of the Visioning Study. The B -2 zoning does not allow large assembly uses such as theaters and churches and thus rezoning would be needed for the church. Brixius stated that the proposed church would have characteristics similar to the B -2 commercial use except for large assembly activities. The rezoning would isolate a current B -2 property, which currently has a single - family home on it, and it was originally intended to be included with the larger land use area. The concept plan is consistent with what is allowed in the P /I, Public Institutional District. The applicant would need to go through a subdivision application to plat the property, site and building plan review, and establish access points to the site. Brixius stated that with the site as a church, it will remove due to agricultural property om the tax rolls. The City currently receives approximately $4,000 in tax potential taxes if the property were staff looked at The Shoppes at Prairie Run to identify p $133,000 in taxes would go to the City if developed as commercial and estimated approximately lo k dedication fees for public or institutional uses. developed commercially. There are also no par M: \public Data \City Council \Council Minutes\2015 Minutes\2015 -03 -02 CC Minutes.doc Meeting Date: March 2, 2015 City of Albertville Council Agenda Monday, March 2, 2015 Page 5 of 11 Brixius stated the applicant has outlined that churches provide economic benefits to the communities in which they are located. At the Planning Commission public hearing, it was estimated that 60% of the membership lives outside the STMA area and that draws spin off business to local retailers and restaurants. It was also stated at the hearing that the church provides social services to the community that are not currently provided. Brixius stated that the site has utility capacity to serve the church. He also stated the adjoining streets have capacity as well, but development may accelerate the need for the installation of a traffic signal at 53rd Street NE and CSAH 19. The church would be willing to move forward with their share for the improvement. Brixius stated there are two resolutions before Council: one for approval with findings and one for denial with findings. Brixius clarified that since they are outside of the Twin Cities Metropolitan Area, the City may change land use and zoning at its discretion. Brixius clarified that a traffic study has not been done at this time. Jeremiah Curran, 851 Kayla Lane, Hanover, provided a history of the church and different locations where the church has been operating. He stated it became clear the church needed a new permanent home and the church has entered into a purchase agreement for Outlot A, Hearing Meadows. Curran indicated that utilities and access will not be overburdened and the church would contribute to signalization if needed. The use does meet performance standards and is compatible to the area. Curran stated there are benefits and economic value that will be brought in by the church. 60% of the membership lives outside the STMA area. He stated that the church reinvests into the community. He stated studies have shown churches grow residential neighborhoods, increase property values, decrease crime rates, and provide over $100,000 a year in social services. In regards to the application being contrary to the City's long -range land use planning, Curran felt that is why there is a zoning amendment application process. Curran felt that the church would not be inconsistent with development along the CSAH 19 corridor. Social services and economic benefits outweigh the loss of property tax revenue. Curran stated they have looked at many sites within the STMA area and they are willing to work with the City's processes to rezone the property. He stated he feels they meet the criteria for rezoning. Hudson stated that staff has brought forward the vision of past Councils, but he is uncomfortable with the idea of preventing a property owner who is willing to sell from pursuing an agreement with a willing buyer. He added there are several vacant commercial areas around town and he felt that if demand drives the need for a church at this site, the Council's long -range plan should not be a factor in denying the application. He was in support of the rezoning of the site to P/I Public Institutional District. M:APublic Data \City Council \Council Minutes\2015 Minutes\2015 -03 -02 CC Minutes.doc Meeting Date: March 2, 2015 City of Albertville Council Agenda Monday, March 2, 2015 Page 6 of It John Warner, 5447 Labeaux Avenue NE, spoke in favor of denying the rezoning application, felt that revenue will be lost in City taxes, and had concerns about an assessment for an easement to the his property. Mike Leuer, spoke to the issue of an easement for a road. He indicated the preliminary concept showed the road on the site. Leuer stated that the market dictates what can be developed and.he does not see commercial development going in at the proposed site. Hudson stated that there were comments made at the Planning Commission meeting from an Albertville resident living adjacent to the site that was originally opposed to the rezoning, but changed her mind after the presentation and felt the rezoning would benefit her property. Jared Grove clarified the homeowner had been trying to sell her property and the unknown commercial development of the site did not allow her to close on the sale. Hendrickson inquired about the Planning Commission decision on the rezoning. Hudson indicated that after the public hearing and listening to all the comments, the three commissioners voted in favor of the rezoning. Hendrickson shared that her original viewpoint was to keep the CSAH 19 corridor as commercial, but with the amount of public input regarding the issue, she wants to do what is best for Albertville. The feedback she has received has been generally positive. Sorensen asked Brixius to recap the Visioning process utilized in 2012. Brixius stated that the Comprehensive Plan had last been updated in 1998 and with the development that was occurring, they saw need to update the plan for the next twenty years and decided to do a vision study rather than a completely new Comprehensive Plan. The study involved the Planning Commission, Parks Committee, City Council, etc. The focus of the plan was on commercial and economic development as areas outside of Albertville had lots of residential growth and they saw an opportunity for a hub for commercial and industrial uses. Sorensen indicated that business owners were also included in the study. He clarified that the study involved more groups than just the City Council. He stated that the City is four square miles and that as a Councilmember he feels he needs to look long term and protect the tax base. He also feels this rezoning would set a precedent. Vetsch stated there is past history regarding the site and t V Sorensen indicated ated the church He stated there is also a loss of tax dollar s for the school distc had come before Council in November and the lbeen at proposal for icated they 100-unit multi-wanted to the site zoned as commercial. He also stated the re had a family housing development at the site earlier in the year, of Council f traffic along the dcorridor. to e the lot commercial. He stated it is prime commercial spot with Kris Cruikshank, 4502 10th Street NE, Buffalo, stated thf the church were located in Albertville, owners and self- employed felt that it could prompt fu M: \Public Data \City Council \Council Minutes\2015 Minutes\2015 -03 -02 CC Minutes.doc Meeting Date: March 2, 2015 City of Albertville Council Agenda Monday, March 2, 2015 Page 7 of 11 Olson stated that he felt the church is good for the community and he is glad the church is growing, but he is bothered by both the location and isolating the parcel in the northeast corner. Sorensen stated that for every commercial property that is not developed commercially, the higher Albertville taxes will be. Motioned by Sorensen, seconded by Vetsch, to approve Resolution 2015 -007 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 Institutional District. Ayes: Olson, Sorensen, and Vetsch. Nays: Hendrickson and Hudson. MOTION CARRIES 3 -2. Council recessed the meeting at 7:58 p.m. Hendrickson reconvened the meeting at 8:04 p.m. 2). Nelson Billboard Height Variance Request Brixius stated the applicant is requesting a variance to allow for a 40 -foot high billboard to overcome negative elevation between the site and I -94. The Planning Commission held a public hearing on February 10, 2015 and after hearing comments, the Commission recommended denial of the application by a 2 to 1 vote. Brixius stated the site allows both commercial and billboards. He stated that with a recently approved sign ordinance amendment, the site meets the City's spacing and setback standards. The proposed application is requesting the sign height variance in order to allow a retail or commercial building below the billboard. Brixius indicated the only other billboard that has a comparable elevation is the Knechtl billboard. The applicant claims there are practical difficulties due to the small size of the lot and easements on the property. The applicant did receive approval of a 30 -foot high billboard and submitted an acknowledgment and waiver for obstructed sight lines due to I -94 or CSAH 19 future improvements. The Planning Commission recommended denial of the variance finding the use is not a reasonable use of the site, the billboard was previously approved for a 30 -foot height, there is no assurance there will be future development of the site, and the difficulty is generated by the property owner. Brixius indicated the Council also has a resolution before them to approve the variance with findings. Jacob Steen, Larkin Hoffman Attorneys, was present to represent the applicant. Olson inquired of Steen when they could possibly see a building permit for construction of the retail building beneath the billboard sign. Steen stated the need for the variance is to preserve the site for retail use as well as the sightlines to I -94. Since the time of the billboard approval, Steen M: \Public Data \City Council \Council Minutes\2015 Minutes\2015 -03 -02 CC Minutes.doc Meeting Date: March 2, 2015 City of Albertville Council Agenda Monday, March 2, 2015 Page 8 of 11 indicated the applicant has been approached by an interested party to construct a retail building. He stated they also need to preserve sight lines to I -94 as the highway is at its highest point just north of the site. There is an interested third party for a retail use and they cannot move forward with discussions until or unless the site is buildable. Olson inquired about moving the billboard further to the west and Steen indicated the highway deck gets higher. Steen felt the current location is the best option at this time. He stated there are issues with the number of easements on the property. Brixius stated that could set additional restrictions on location of the billboard and Steen asked that they not restrict the location of the billboard as the location could change depending on construction of a retail building. Motioned by Sorensen, seconded by Hendrickson, to approve Resolution No. 201 5 -007 approving the request for the billboard height variance. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. MOTION DECLARED CARRIED. B. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, etc.) Parks Committee Hudson stated the committee reviewed two candidates for the open position and they will be invited to the March meeting. The Committee recommended closing the application process for candidates. Hudson reported 2015 park projects include receiving a bid for a shelter at Oakside Park, Linfield Park is due for a sign, Linwood Park is scheduled for tennis and basketball court resurfacing, Memorial Park will be irrigated by funds from the Fire Department that have been earmarked for that project, and replacing the bituminous trail along Kalland Avenue NE with a concrete sidewalk. The committee also discussed Explore Your Parks Night on Friday, May 15. Nafstad stated that it has been difficult in the past to solicit donations of food for the event and inquired if the Council is willing to contribute a small amount of funds for the food. Couri indicated there should not be an issue as many cities do the same for National Night Out. Hendrickson reported that FYCC may be putting on an event in May as well. C. Finance 1). 4th Quarter Report — Un- audited Sorensen inquired about capital reserves and moving m nimfrom um beforetfundsdcan be t ansperred the GGeneral Fund must maintain a balance of the State She stated transfers will be done after the audit in April. D. Legal 1). City Attorney Report M \Public Data \City Council \Council Minutes\2015 Minutes\2015 -03 -02 CC Minutes. oc Meeting Date: March 2, 2015 City of Albertville Council Agenda Monday, March 2, 2015 Page 9 of 11 Hendrickson inquired if Westbridge Church could come back with a modified plan to keep a portion of the site as commercial. Brixius indicated they would need to go through the subdivision process. Brixius did state there was a 10 -acre lot south of the Middle School that could be an optional site. Brixius stated that staff would not bring forward another application that would not be successful and Nafstad indicated they could bring any conceptual changes to Council without formal application. E. City Clerk 1). Set Workshop for 2015 Goal Setting and Priorities Motioned by Hendrickson, seconded by Olson, to set a workshop for Monday, March 16, 2015 at 6: 00 p.m. in the City Council Chambers. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. F. Public Works/Engineering — None G. Building —None H. Administration 1). Full -Time Fire Chief /Fire Marshal/Emergency Manager Position Nafstad stated the Fire Committee had a recommendation to appoint Eric Bullen to the full -time Fire Chief position. Nafstad thanked the members of the committee for the time and effort put forth during the interview process. The committee felt that Bullen was the best fit for the Fire Department. Nafstad stated that Bullen is currently an Albertville and St. Michael firefighter. He is a law enforcement officer with the City of Minneapolis. Bullen introduced himself to Council and felt the selection process was fair. He is excited to begin the position. Vetsch inquired about the amount of vacation days recommended for Bullen. Nafstad indicated due to Bullen's municipal experience, it is comparable to the Albertville Personnel Policy. Vetsch inquired who would be in charge when that time is used and Nafstad indicated that the chain of command would be followed starting with the Assistant Chief, captains, and lieutenants. Sorensen and Olson did not feel the vacation time would be an issue and Nafstad indicated there would be many hours of evening and weekend work as well. He did speak to Bullen about keeping regular office hours similar to City Hall. Nafstad indicated they are working towards a start date of April 1, there will be a swearing in ceremony for the position and Bullen is working on a transition plan with the City of Minneapolis. Nafstad stated Bullen has nine years in the Fire Relief Association and a member is not fully vested until ten years. He stated they will meet with the Fire Relief Association to discuss options relating to Fire Relief benefits at a later date. Motioned by Olson, seconded by Sorensen, to appoint Eric Bullen to the full -time Fire Chief /Fire MarshallEmergency Manager position. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONDECLARED CARRIED. WPublic DaWCity CounciACouncil Minutes\2015 Minutes\2o15 -03 -02 CC Minutes.doc Meeting Date: March 2, 2015 City of Albertville Council Agenda Monday, March 2, 2015 Page 10 of 11 2). City Administrator's Update There were no questions from Council. 3). Farming of City -owned Land Nafstad reported the City has three parcels that are City -owned and the Beaudry family has been farming the parcels since 2004. Up until 2009, the Beaudry family was paying rent on the parcels, but the parcels would have become taxable if the City continued to receive rent, so the family has been farming it since 2009 rent free. If the City were to receive rent or the family to plant a row crop rather than hay, the parcels would become taxable in the amount of approximately $160 an acre and that would not be profitable for farming. Nafstad indicated he has had other parties interested in farming the parcels and the City does not want to maintain (mow) the parcels. Nafstad is looking for direction on how and to whom the City grants the farming privileges on the parcels. Couri suggested that the farming privileges be done in a series of several years to help the farmer recoup their investment. Nafstad indicated that the Beaudry family does need the City's authorization to farm the land and will need the City to complete some form work within the next couple of weeks. Lannes clarified that the agreement with the Beaudry family is for a single year. Hendrickson was supportive of moving forward with the Beaudry family for the 2015 season and then revisiting the topic at a later time. Council agreed. Council discussed several options for development of those City lots. 9. ANNOUNCEMENTS AND /OR UPCOMING MEETINGS March 9 STMA Ice Arena Board, 6:00 p.m. March 10 Planning Commission, 7:00 p.m. March 16 Joint Planning & City Council Workshop, 6:00 p.m. City Council, 7:00 p.m. March 23 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 P.M. March 30 Joint Governance Meeting, 6:00 p.m. April 6 City Council, 7:00 p.m. April 13 STMA Ice Arena Board, 6:00 p.m. April 14 Planning Commission, 7:00 p.m. Local Board of Equalization and Appeal, 5:30 p.m. April 20 City Council, 7:00 p.m. Joint Powers Water Board, 6:30 p.m. April 27 M:APublic Data \City Council \Council MinutesC015 Minutes\2015 -03 -02 CC Minutes. doe Meeting Date: March 2, 2015 City of Albertville Council Agenda Monday, March 2, 2015 Page 11 of 11 MARCH .. Su M Tu W Th F Sa 1 cc 2 3 4 5 6 7 8 Ice 9 : "c10 11 12 13 14 15 cc 16 17 18 19 20 21 22 JP23PK 24 25 26 27 28 29 ' *30 31 28 29 30 10. ADJOURNMENT APRIL: Su M Tu W Th F Sa 1 2 3 4 5 cc 6 7 8 9 10 11 12 1Ce 13 0cf� 15 16 17 18 19 cc 20LeAE 21 22 23 24 25 26 JP 27 28 29 30 Motioned by Vetsch, seconded by Olson, to adjourn the meeting at 9:20 p.m. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetch. Nays: None. Absent: None. MOTION DECLARED CARRRED. Respec fully ubmitted, Kimberly .Olson City Clerk M.Tublic DatalCit} Counci,lCounci) Minutes12o15 Minutes12 0 1 5 -03 -02 CC Minntes.doc Meeting Date: March 2, 2015