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2015-07-06 City Council MinutesAlbertville ALBERTVILLE CITY COUNCIL Monday, July 6, 2015 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:06 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, and City Clerk Kimberly Olson Others Present: Heather Strart Bob & Jvamil Lezer Melissa Lezer Carla Dimitroff Adam & Olivia Thul Anne Bloomstrand Dana Berg Greg Vetsch Bret and Sarah Kaczor Michelle Pritchard Corey Hickmann Garrett Brunell Corey Ratzlow Tony Cole Tony Hoval Matt, Gao, and Morgan Fitch James Bhend Dawn Brommer Elizabeth Just Stacy Behrens Jason Richardson Kristin, Kelly, Cora, and Lyla Conrad Stephanie Sandbo 11953 47th Place NE, St. Michael 603 Buffalo Hills St, Buffalo 20112 Hillside Dr, Corcoran 10745 57th St NE, Albertville 7596 Landau Ave NE, Otsego 213 Terrace Rd NE, St. Michael 6995 LaSalle Cir. NE, Albertville St. Michael Otsego Rogers Hanover St. Michael Otsego Otsego St. Michael Albertville St. Michael 13947 55th Street NE, Albertville 4360 Harvest Ct, Monticello 1491 Jackson Ave NE, St. Michael 486 4th Street NE, St. Michael 27908 1040' St NW, Zimmerman 4158 Janett Ave NE, St. Michael Page 1 Scott Graham 1271 Vernon St, Big Lake Sharon Nelson 2352 Eaken Ave NE, Buffalo Jennifer Lheault 7534 Landau Ave NE, Otsego Jamie Husom 10196 71 st Street NE, Otsego Katy and Adam Duerr 6599 Mason Ave NE, Otsego Lawrence Didur 413 Rambling Creek Dr, St. Michael Paige and JeremyMartin 5680 Iffert Ave, St. Michael Jeff Hustad 13684 48th St, St. Michael Tim Demery 3449882 nd St. NE, Albertville Bethany Howard 11868 47th PL NE, St. Michael Sheila Zachman 5425 Lambert Ave NE, Albertville Jon and Jana Erink 067262 nd St NE, Albertville Russ and Haley Rogers 4193 d St NE, St. Michael Ryan Ottrum 4285 Kay Ave NE, St. Michael Amanda Daniels/Drew McDaniel 10625 48th St NE, Albertville Cheri Curran 851 Kayla Lane NE, Hanover Brianna Johnson 5305 Kahler Dr NE, Albertville Hope & Luke Homstad 12220 59th Cir NE, Albertville Justin Dahmen 11199 69th St NE, Albertville Jeremy Dominick 10380 Karston Ave NE, Albertville Shelby Martinson 4025 Bell Rose Dr, Loretto Ben Hughes 5747 Kalland Ave NE, Albertville Levi Howse 19276 Twin Lakes Rd Derek and Danielle Eiblenberg 1610 Anderson Ave, #104, Buffalo Doulas Birk Jorge Figueroa 501 E 36th St #7, Minneapolis Michael Potter Wright County Dist. 4 Commissioner Mary Kiffineyer 16160 201st Ave, Big Lake Jason and Jenny Becker 6733 E Oak Dr, Monticello Terry & Amanda Conrad 18689 Traverse Ln, Big Lake Jack Shane 4364 Harvest Ct, Monticello Mary Phillips 4364 Harvest Ct, Monticello Samantha Grimsley 111 Rambling Creek Dr, St. Michael Perry Helgesen 2214 Swallow Ln, Buffalo Angela Scott 107 Welter Cir, St. Michael Rachel and Andy Voge 2733 Dakota Ave S, St. Louis Park Amanda Richardson 486 4th St NE, St. Michael Duanne & Jan Capps 11631 55th St NE, Albertville Jillian Anderson 4014 Elder Ave NW, St. Michael Evelyn Conrad 27908 104th St NW, Zimmerman Jeremy Hager 201 Birch Ave NW, St. Michael Nick & Kate Gilbertson 14282 91St St NE, Otsego Bryce & Karrie Johnson 12516 43rd St NE, St. Michael Kirscher 1062162 nd St NE, Albertville Jared Grove 6572 Mason Ave NE, Otsego City Council Meeting Minutes Page 2 Regular Meeting of July 6, 2015 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. Senator Mary Kiffineyer and Representative Eric Lucero Representative Lucero and Senator Kiffineyer reported on the inequity in education funding and the impacts it has on our area. Kiffineyer offered comparables to other school districts in the state and stated it is important they keep on this topic in the next legislative session. Lucero reported on the changes regarding the 2nd amendment. Senator Kiffineyer spoke about reform of the system regarding nursing homes and also spoke to finding a balance between environmental responsibility and reasonable means for farmers. She also spoke about affordable workforce housing. Lucero and Kiffineyer discussed the importance of Corridors of Commerce and Kiffineyer spoke to the importance of keeping the current language. Both Lucero and Kiffineyer were strongly opposed to passage of a gas tax. 4. PUBLIC FORUM — (time reserved 5 minutes) There was no one present to speak at the forum. 5. AMENDMENTS TO THE AGENDA There were no amendments to the agenda. Motioned by Sorensen, seconded by Olson, to adopt the Agenda as amended. Aye: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: 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 June 15, 2015 regular City Council meeting minutes as presented 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 C. Ar rove the closure of Main Avenue NE south of the railroad tracks to 58th Street NE and 58 Street NE to Lander Avenue NE on September 12, 2015 from 8:00 a.m. to 3:00 p.m. 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 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 City Council Meeting Minutes Page 3 Regular Meeting of July 6, 2015 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 Motioned by Hendrickson, seconded by Hudson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS — None 8. Department Business A. Planning/Zoning 1). Westbridge Community Church Reconsideration of Rezoning Request Brixius reported that 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 previously 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. Westbridge is requesting the City waive the waiting period for reconsideration. Brixius stated the site is currently zoned B -2, neighborhood/business and in order to allow the church at the site, it must be rezoned to P/I, Public Institutional or PUD, Planned Unit Development. The most recent site plan allows for the east 200 feet of the lot to remain B -2 with the church located behind. If the request is allowed, the following applications would need to be made to accommodate the site: subdivision (preliminary /final plat), rezoning of the western portion of the lot, County approval of access points, and site and building review. Brixius reported there is no definition of what constitutes a significant change. However, the Council will want to see if the new plan will mitigate the conditions outlined in the resolution denying the rezoning. He cautioned the Council to avoid taking the applicant through the time and cost of the application process if the outcome will still be denial. Jeremiah Curran, Westbridge Community Church pastor, stated he hopes their plan is something that works for both the City and Westbridge. He felt the new plan is a significant change from their original plan. He introduced Craig Howse, an attorney retained to help the church navigate the process. He also introduced Bill Waytas, an appraiser to discuss the highest and best use of the property. Howse stated there has been a significant change to the plan. He stated that the new plan is consistent with the Comprehensive Plan and will retain a commercial corridor along CSAH 19. Howse stated that the City Code has six factors to consider when reviewing a rezoning application: Consistency with the Comprehensive Plan City Council Meeting Minutes Page 4 Regular Meeting of July 6, 2015 • Compatible use within the area • Meets all performance standards • Does not depreciate surrounding properties • Adequate street access • Adequate public infrastructure /utilities Howse stated the proposed site plan meets the above criteria. Bill Waytas, Nagell Appraisal and Consulting, spoke to the best use of the lot. He stated that the original plan may not have been the most efficient use and there is a way to better optimize the use of the lot. He stated that it makes sense to have commercial along CSAH 19. Vetsch stated that Guardian Angels had hoped to purchase the lot, but the two parties could not agree on a price. Waytas reported that the retail market has changed over recent years. Waytas stated the front part of the lot will remain consistent with the Comprehensive Plan if it remains commercial. Waytas explained the zoning tiers for retail. He stated the classification for the lot is a neighborhood commercial classification. He stated that developers need to see demand and construction must be cost effective. Sorensen stated they cannot tell what the costs will be in ten years. Waytas replied the costs would be similar and it could be a number of years before the lot develops. . Waytas stated that commercial developers prefer to be located near the Albertville Premium Outlet Mall rather than other commercial areas. Waytas stated it has been nearly eight years since a building permit has been pulled for a new building along CSAH 19. He stated once a new building goes in, it tends to generate interest and future development. Waytas stated that putting a church on the whole lot would not be the best use. He felt commercial along the CSAH 19 is a good fit. He stated that putting the whole lot as commercial may not be cost effective. Waytas stated that he contemplated putting medium to high density on the back half of the lot, but the Council was opposed to that in the past. He felt putting a church on the back half of the lot makes sense. He stated that churches attract good people to the community. Waytas provided an analysis of taxes the City would receive if the property remained agricultural versus the church and commercial mix. He reviewed the taxes that could be realized in the next ten years. Hudson inquired if Westbridge would pay the taxes along the commercial portion of the lot until it is developed commercially and sold to someone else. Waytas replied they would. Hendrickson inquired how the lot split and rezoning would work. Brixius replied Westbridge would need to apply for a subdivision and plat. The eastern portion would remain zoned B -2, but the western portion of the lot would most likely be zoned PUD to allow the church. There would be two applications processed simultaneously. Vetsch inquired about the northern portion of the lot behind the house and Brixius replied it would be zoned with the church depending on how the lot lines arrange. Hudson inquired if the church would potentially expand the parking lot and Brixius indicated there was a concept plan to that effect. City Council Meeting Minutes Page 5 Regular Meeting of July 6, 2015 Sorensen inquired if only 30% would remain commercial. Curran stated that is correct. Westbridge is asking for 70% of the lot to be rezoned to P /I. There was some question as to whether the eastern portion of the lot could still be tilled after the lot split. Nafstad inquired of Waytas if his tax analysis would hold true for both sides of CSAH 19. Waytas stated he had not considered the other side of CSAH 19. Craig Hays stated he is a regional developer and homeowner in the area. He stated that the neighborhood commercial tier needs all the helpit can get. He stated that tier is a traffic generator and brings more success and jobs to the community. Tom Cloutier, owner of Shoppes at Prairie Run, stated that it has been very tough in the Albertville market. He was supportive of the proposed church. He felt there was too much retail in Albertville. He stated that six restaurants have gone out of business in his property and he sees visitors to the church as helping the current businesses to survive. He felt more people in the area will only benefit Albertville. Cloutier stated that banks are hesitant to refinance his Albertville property and franchises do not want to do business in the Albertville market. He stated that he has consistently lost money year after year for his Albertville property. Cloutier stated that landlords cannot get market rate rent in Albertville and also that the retail problem in Albertville must be fixed. He stated there is too much bank owned property in Albertville. Sorensen inquired if Cloutier was concerned with more retail developing next to his property. Cloutier replied that he does not see retail development on either side of his property. He feels that the large numbers of church members will contribute to the local businesses. Vetsch stated that the former Patty J's site was full on Sundays, but they also needed community support during the week. Cloutier stated the church will have mid -week and evening events. Vetsch mentioned the new Prairie Run Cafe is not planning on dinner service at this time. Hendrickson spoke of the importance of the I -94 expansion on local business. Olson inquired what Cloutier foresees occupying the 200 ft of commercial as he sees it as a strip mall. Curran presented Council a letter of support from the Hempel Group, owner of Albertville Crossing. He submitted an online petition for support of the church's request for reconsideration of the rezoning application. He stated they had over 1,000 signatures. Curran reported that City staff had offered four other sites as possible sites for the church. He stated he has called the owners of all the sites. The site across CSAH 19 and the site north of STMA City Council Meeting Minutes Page 6 Regular Meeting of July 6, 2015 Middle School West are not for sale. He stated the third was smaller and sits east of Middle School West and is very heavily wooded and thinks it would not be big enough to build on. The fourth site was south of Middle School West and has a very steep grade and would need a lot of work to be build ready. Curran asked the Council to see the request as a reasonable proposal to keep the commercial corridor along CSAH 19 and to keep the church site under 10 acres. He stated they are trying their best to work towards a goal that is reasonable to both the Council and Westbridge. Sorensen suggested Westbridge may want to consider the City -owned compost site and Brixius stated that lot is currently zoned Public/Institutional. Howse addressed two factors: the proposal is substantially different and the proposal meets all six criteria previously outlined. Howse stated the original 1996 Comprehensive Plan showed concerns that there was excess commercial property. The proposal will remove some of the vacant commercial property within in the City. Brixius stated that was part of the Tactics Interviews that were part of the original plan and stated that in 1998 the Comprehensive Plan designated that the entire CSAH 19 corridor would be commercial due to the proximity to 1 -94. Howse stated that B -2 property owners would like to see more uses or versatility in the B -2 district. He stated that the P/I zoning for the back portion of the lot creates a buffer to the residential properties. He stated they have heard comments that residents have had difficulties selling their property and the residents are in favor of the proposal. Couri summarized the legal considerations of the request. He stated that the issue before Council is not rezoning of the lot, but is whether the Council wishes to reconsider the request. If the Council determines that the circumstances surrounding the rezoning application have changed significantly, a 3/5 vote of the Council is needed to reconsider. If the Council wishes to reconsider the application without finding there is a significant change, that would require a 4/5 vote of the Council. Sorensen wanted it on the record that he has received correspondence or spoken to those who are against the rezoning. He stated he is trying to represent the taxpayers of Albertville. Vetsch stated he is not against the church, but would like to see them continue to look for other properties. He stated that sometimes a higher offer may initiate those other properties to sell. Olson stated his views will stay the same and they have completed the 2012 Visioning Study. He stated this is land that they cannot get back. He did not want to put future Councils in the situation to deal with limited commercial land. Sorensen stated his biggest concern is that 70% is proposed to be rezoned; he would like to keep the whole parcel as commercial. He stated he would like to see Westbridge in the community and encouraged them to continue to look for sites. Hudson stated his view of the application has not changed and feels it does represent a significant change. He supports the rezoning. He felt the highest and best use of the property is driven by the market. Hendrickson stated she was in support of the application and would like to see it move forward. Motioned by Vetsch, seconded by Sorensen, to deny Westbridge's and Leuer Munsterteiger's request to consider a rezoning application for PID #101- 079 - 000 -010 any time prior to March 2, 2016 based on the following reasons: due to lack of significant change in the proposal, the proposed use is not the best use of the parcel, and desire to keep the entire lot zoned as City Council Meeting Minutes Page 7 Regular Meeting of July 6, 2015 commercial (B -2). Ayes: Olson, Sorensen, and Vetsch. Nays: Hendrickson and Hudson. Absent: None. MOTION DECLARED CARRIED. Hendrickson called a recess of the meeting 9:03 p.m. The meeting reconvened at 9:10 p.m. Couri reported that the City must send a 60 day letter in the case of denial of an application and must state the reasons for denial. B. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) C. Public Works/Engineering 1). Greenhaven Street Improvements Nafstad stated the neighborhood is rural in nature and the streets are in need of repair. This project has been part of the City Capital Improvement Plan for the last several years. It had been planned that utilities would be put in place at the time the streets are repaired. However, it is not financially feasible to extend utilities as this time due to costs. He did state that utilities will be needed in the future and should be put in place prior to any reconstruction of Mackenzie Avenue NE. Nafstad would like to advertise for bids. Olson inquired if Nafstad feels the project can be completed in the short construction season. Nafstad replied he has talked to several contractors and they believe it can be done. Olson inquired if the neighborhood was aware of the project and Nafstad replied he has spoken with a number of homeowners and they are generally in favor so long as there is no assessment. A letter can be sent prior to the project. Hendrickson inquired if utility lines could be extended under I -94 at the same time as the land expansion would be occurring and Nafstad replied that that may be a good time to do so. Motioned by Hendrickson, seconded by Olson, to authorize the advertisement of the 2015 Greenhaven Street Improvements. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONDECLARED CARRIED. D. Fire —None E. Finance — None F. City Clerk — None G. Building — None H. Legal 1). City Attorney Report Court stated the Council will most likely see a purchase agreement from Fieldstone Family Homes for the fifteen City -owned Prairie Run lots. City Council Meeting Minutes Page 8 Regular Meeting of July 6, 2015 Nafstad stated he received notice that Charter Communications will be merged. Hendrickson and Nafstad both indicated they have received complaints regarding Charter's service. I. Administration 1). Public Works Maintenance Worker I Position Nafstad introduced Matthew Minette as the staff recommendation for the position. He stated Minette stood out in the interview process and has extensive experience relating to the position. Minette is also a paid -on -call firefighter in the Fire Department. Motioned by Hendrickson, seconded by Sorensen, 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. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). City Administrator's Update Nafstad reported that the intersection of Main Avenue NE and 57th Street NE will be closed for three or four days. Utility work will begin on Wednesday, there will be temporary water shut off for a few hours, and the intersection will be closed for several days. Nafstad reported that Hendrickson, Olson,and he attended the League of MN Cities conference. 9. ANNOUNCEMENTS AND /OR UPCOMING MEETINGS Hendrickson stated she would be absent at the August 3, 2015 City Council meeting. Vetsch stated he will be at the meeting. 10. ADJOURNMENT Motioned by Olson, seconded by Sorensen, to adjourn the meeting at 9:30 p.m. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respe fully submitted Kimberl A. Olson, City Clerk City Council Meeting Minutes Regular Meeting of July 6, 2015 Page 9