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2019-01-22 City Council Minutes �lb�rtv���� s�.,,��.+a cw ur�.. ALBERTVILLE CITY COUNCIL Tuesday, January 22, 2019 APPROVED MINUTES ALBERTVILLE CITY HALL 7:00 PM l. CALL TO ORDER- PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:00 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Cocking, Halling, Olson and Vetsch Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Alan Brixius, Fire Chief Eric Bullen and City Clerk Kimberly Hodena Others Present: Commissioner Mike Potter, Suzanne and Steve Ackerman, Ben Saffrin, Laurie Summerland, Deputy Kyle Anderson, Representative Eric Lucero, Claudia Dumont 3. RECOGNITIONS—PRESENTATIONS—INTRODUCTIONS A. Legislative Preview with Representative Lucero Representative Lucero reported the legislature is now in session and this is his third term in office. He reported that in the last year's session, a tax conformity bill did not pass which will make it difficult for taxpayers and tax return preparers to use two different sets of tax code with Minnesota being different than FederaL He added that it will be a massive undertaking to get tax conformity. He reported there was a tax surplus at the end of June and he hoped the surplus wouldn't be used to create ongoing programs that need annual funding but used for one-time commitments. He added that creating new programs would lead the state into a deficit in the future. Lucero reported that he will be focusing on 2"d Amendment rights and public safety, student data privacy, transportation, and digital misrepresentation. He stated he will be holding several town halls this weekend in Otsego, Hanover, St. Michael, and Albertville. Hendrickson thanked Lucero for the legislative preview. 4. PUBLIC FORUM There was no one present for the forum. 5. AMENDMENTS TO THE AGENDA Page 1 Hodena added authorize publication Summary Ordinance 2019-03 as D 1 a. Nafstad added set public hearing for 429 assessments for CSAH 19 for February 19, 2019 as D2 as well as Otsego Automatic Aid Agreement as F 1. Bullen added Otsego AutoAid Agreement. Motioned by Cocking, seconded by Olson, to approve the Agenda as amended. Ayes: Hendrickson, Coeking,Halling, Olson and Vetsch. 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 the Consent Agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the January 7, 2019 regular City Council meeting minutes as presented B. Authorize the Monday, January 22, 2019 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 the annual permit renewal for Consumption and Display of liquor for the City Hall building, located at 5959 Main Avenue Motioned by Cocking,seconded by Olson, to approve the ConsentAgenda as presented. Ayes: Hendrickson, Cocking,Halling, Olson and Vetsch. Nays:None. Absent:None. MOTION DECLARED CARRIED. 7. Public Hearings A. Request for City Approval (Municipal Consent) of the Final Layout for SP 8680-172, I-94 St. Michael to Albertville Nafstad introduced Claudia Dumont with MnDOT. She works for District 3 and is the the project manager for the upcoming I-94 projects. Nafstad reviewed the project scope, major project elements, and preliminary design details. He stated the public hearing is to allow the public to comment on the final layout of the project. He stated the resolution approving the final layout includes language that states construction of the westbound CD road over CSAH 19 should be included in the project. It also includes language that ponding should be located and designed to minimize impact to developable parcels. He added there are some other options for ponding. He added the proposed ponding lies over a primary utility corridor as well. Vetsch inquired why the third westbound lane west of CSAH 37 is not included in the project. Dumont explained that the bridge over CSAH 19 is being designed to accommodate a third lane and shoulder wark is being done to accommodate a third lane in the future when the added capacity is needed. Nafstad stated that construction would be fall of 2019 to fall of 2021. Dumont stated that bid proposals will be received in March, but construction can't begin until after Labor Day. �� City Council Meeting Minutes Page 2 Regular Meeting of January 22,2019 Nafstad reported that the local share would primarily be paid by the County as one of the county's local option sales t� projects. Albertville's share for the new eastbound ramp is approximately $85,000, which is much less than anticipated at approximately Cocking thanked Dumont and MnDot for their assistance with moving this project forward. Hendrickson inquired about a sound wall and Dumont replied that the studies completed showed the noise wall did not meet the cost effective criteria for the decibels it would lower. Hendrickson opened the public hearing and called for public comment three times. No one was present to comment. Motioned by Cocking, seconded by Halling, to close the pub[ic hearing. Ayes:Hendrickson, Cocking, Halling, Olson, and Vetsch. Nays:None. Absent:None. MOTIONDECLARED CARRIED. Motioned by Cocking, seconded by Olson, to adopt Resolution No.2019-003 Approving Minnesota Department of Transportation Final Layout for State Project 8680-172 on Trunk Highway 94. Ayes:Hendrickson, Cocking, Halling, Olson and Yetsch. Nays:None. Absent:None. MOTION DECLARED CARRIED. 8. Department Business A. Planning/Zoning 1). PUD Amendment for the Outlets at Albertville 2"d Addition—The Crossing Church Brixius reported that Albertville was approached by The Crossing Church and the Outlets of Albertville to discuss allowing the church to lease two commercial tenant bays in the Outlets of Albertville Second Addition(The Promenade Mall east of County Road 19). Currently, the list of allowed land uses for this PUD does not include any commercial assembly uses such as conference centers, banquet halls, theaters, etc. as such churches are not allowed within the PUD. In order to accommodate the church's request, the term"Hospitality Businesses" must be added within the PUD Agreement. Brixius stated they heard from the mall that it has been difficult to keep tenants in the Promenade side of the mall and their ultimate goal is to be sure that as many tenant bays be rented as possible. Brixius reported the Planning Commission reviewed the staff report and heard public testimony at the January 8, 2019 Planning Commission meeting. Some of the comments and concerns heard were regarding parking, additional traffic, change in occupancy, and building modifications. Brixius reported that permits would be required for building modifications. The Planning Commission recommended that the City Council approve the PUD Amendment to allow for"Hospitality Businesses"to be added to the list of allowed use and approval of the introduction of The Crossing Church based on the narrative and plans dated December 18, 2018 and subject to the conditions outlined in the resolution. City Council Meeting Minutes Page 3 �� Regular Meeting of January 22,2019 � Cocking inquired if there were other options available, especially in terms of limiting the assembly size, duration of services, and possible traffic violations. He suggested possibly tabling the item so �'� that these issues can be looked at. Cocking inquired of Summerland if a long term rental of the tenant bays is desired. Summerland reported that after the downturn, many retail businesses either went out of business or greatly reduced their size. She stated that she knows corporate wants to reinvest in the property and make capital improvements. The end goal is to re-lease all the tenant bays. She stated that normally leases run ten years in length, but since this is a unique scenario, they would consider a shorter term of three to five years. Vetsch in uired if the mall could sell to the church and if there is a wa to rohibit that. Couri q Y P replied that the mall could sell to the church via the City's Subdivision Ordinance or Common ' Interest Community which does not need city approval. Couri suggested using a three year interim use permit with conditions. This would allow time to see impacts of the assembly use and provides an end date where the city could renew the permit or not. Vetsch had concerns with the possible growth of the church and requiring additional tenant bays. Couri stated they could table the item to explore other possibilities. Vetsch would like to see the bays kept as retail. Cocking would like , parameters set if the use is approved. Summerland stated that when all tenant bays are leased, the traffic is more intense. However, the church would only have traffic two days a week. Olson inquired about the size of both bays and Summerland responded together they are approximately 6,000 square feet. Hendrickson felt an interim use permit makes sense. Halling felt assembly use at the location is less than ideal. She could possibly see an interim use � permit but would like to know Simon's corporate ultimate goal for the mall. She had concerns over , multiple, non-consistent uses across the mall. Summerland replied that it is not Simon's standard; they aren't in the business of creating hodgepodge properties. She added she had been tasked with adding some diversification in order to re-lease the tenant bays. Motioned by Cocking, seconded by Olson, to table the item to the next meeting and direct staff to send a 1599 letter to the applicant. Ayes:Hendrickson, Cocking,Halling, and Olson. Nays: Vetsch. Absent:None. MOTIONDECLARED CARRIED. Vetsch indicated he is not in favor of a rovin the use. pP g B. City Council 1). Committee Updates City Council Meeting Minutes Page 4 Regular Meeting of January 22,2019 2). Wright County Transit Advisory Committee Appointment Motioned by Olson, seconded by Coeking, to appoint Vetsch to the Wright County Transit Advisory Committee. Ayes:Hendrickson, Cocking, Halling, and Olson. Nay:None. Absent: None. Abstain: Vetsch. MOTION DECLARED CARRIED. 3). Planning Commission Appointments Nafstad reported they have received one letter of interest, but have not officially advertised the vacant position. The letter was from Rick Anderson, a long time Albertville resident. Nafstad stated the City Code allows Council to make appointments in case of a vacancy mid-term. Motioned by Vetsch, seconded by Cocking, to appoint Rick Anderson to the Planning Corrtrriission with a term expiring December 31, 2020. Ayes:Hendrickson, Cocking,Halling, Olson and Vetsch. Nays:None. Absent:None. MOTION DECLARED CARRIED. Nafstad asked for direction on the vacant alternate term, specifically from Halling as she has previously served in that capacity. Halling felt it is important to have an alternate as she often had to vote because someone was absent. She would not recommend waiting until the end of the year to advertise. C. Public Works/Engineering 1). Funding and Construction Agreements for CSAH 19 and CSAH 38 Nafstad reported this is a typical cooperative agreement with Wright County as well as the City of Otsego and Joint Powers Water Board. The agreement details local shares per the County's funding policy. Nafstad reported this project is unique in that they received Federal funding for improvements to CSAH 19 and CSAH 38. CSAH 38 will be improved to an urban design with curb and gutter and center turn lane. Nafstad did indicate he has been in contact with Simon, the outlet mall's corporate office and they are in the process of negotiating participation. He estimated Albertville's local share to be approximately $1.2 million, which includes approximately $350,000 of improvements to be paid by the MaIL Cocking inquired if the Mall didn't agree to help fund the improvements and Nafstad replied the work within the right-of-way could still be complete, however, the Mall would need to build their turns lanes and realign their entrances at a later date. Vetsch asked Potter if the improvements could be added to the County's highway improvement project list and Potter replied that the hearing has already been held so projects cannot be added unless the process is repeated again. Potter described the changes to the County's cost share policy that were made in recent years and stated it is much fairer to cities. Nafstad stated this agreement doesn't include landscaping but that will come back in February. He stated they have several options for the medians on CSAH for lighting and landscape. Nafstad thought landscaping and lighting would cost upwards of the $500,000. Olson inquired about the need the trails on both sides of CSAH 38. Hendrickson felt it was important to keep as residents have been asking for that for years and crossing would not be safe. Halling agreed. Council City Council Meeting Minutes Page 5 Regular Meeting of January 22,2019 discussed several options for trails along both CSAH 19 and CSAH 38. Nafstad stated plans are nearly final so they need to make a decision soon. Motioned b Cockin , seconded b Olson, to enter into Cou�z Cost Partici ation A reerrient No. �1' P y g y g 18-52 and Amended Construction Agreement No. 18-52 the Funding and Construction Agreernents for CSAH 19 and CSAH 38 between the Cities of Albertville and Otsego, County of � Wright, and Joint Powers Board of Albertville,Hanover and St. Michael. Ayes:Hendrickson, �� Cocking,Halling, Olson and Vetsch. Nays:None. Absent:No�te. MOTIONDECLARED CARRIED. D. City Clerk 1). Set 2019 Fee Schedule Hodena reported staff did an annual review of the fee schedule and there were few changes due to the comprehensive review and corrections that were made last year. The minor changes included an increase to the Mayor and Council filing fee from $2 to $15, new minimum permit fee for several items, and addition of consistent language for weed, snow, and tree removal. ' Motioned by Olson, seconded by Cocking, to Approve Ordinance No. 2019-03 An Ordinance Amending Title 3, Chapter 1, Section 3-1-3 (City Fees, Fines and Rates Schedule and Other Various Titles in the Albertville Municipal Code. Ayes:Hendrickson, Cocking,Halling, Olson ' and Vetsch. Nays:None. Absent:None. MOTION DECLARED CARRIED. la). Summary Ordinance No. 2019-03 Motioned by Olson, seconded by Cocking, to authorize publication of Summary Ordinance No. 2019-03. Ayes:Hendrickson, Cocking, Halling, Olson and Vetsch. Nays:None. Absent:None. MOTION DECLARED CARRIED. 2). Set Public Hearing for CSAH 19 429 Special Assessments Motioned by Vetsch, seconded by Olson, to set a public hearing for February 19, 2019 at 7:00 p.m. regarding 429 Assessments for CSAH 19. Ayes:Hendrickson, Cocking,Halling, Olson and Vetsch. Nays;None. Absent:None. MOTIONDECLARED CARRIED. E. Legal 1). City Attorney Report Couri reported that they will be closing on the Riverwood Easement soon for the discharge line for the Wastewater Treatment Plant. F. Fire 1). Otsego Automatic Aid Agreement Bullen reported this agreement would have all three fire departments serving Otsego (Elk River, Roger, Albertville) dispatched at the same time when a structure fire occurs in Otsego regardless of location within Otsego. This eliminates the need for the first responding department to request aid; however, the agreement allows for the any department to cancel or ask for aid. Wright County dispatch will be ready to go with this by February l, 2019. City Council Meeting Minutes Page 6 Regular Meeting of January 22,2019 Motioned by Cocking, seconded by Olson, to approve the City of Otsego Automatic Aid Agreement for the Albertville Fire Department. Ayes:Hendrickson, Cocking, Halling, Olson and Yetsch. Nays:None. Absent:None. MOTION DECLARED CARRIED. G. Finance—None H. Building—None I. Administration 1). City Administrator's Update Nafstad reminded Council of the Joint Governance meeting on Monday, January 28, 2019 at 6:30 p.m. at St, Michael. Olson reported he will be absent from the meeting. He reported the State of the Cities is Tuesday, January 29, 2019 at 1:00 p.m. in Otsego. Cocking stated he plans on attending. Cocking asked for an update on the contract for WWTP lobbying. Nafstad replied he did speak with Leonard, Stinson, & Street about the new lobbying amount of$24,000 and they are moving forward with the contract. He also reported there are new representatives at Lockridge Grindal Nauen for Albertville. Cocking felt it is was important to maintain Federal relationships and thought , it may be beneficial to maintain a smaller Federal lobbying contract with LGN to maintain those relationships after the current contract expires this year. 9. Announcements and/or Upcoming Meetings January 28 Joint Powers Water Board, 6:00 p.m. Parks Committee/Centennial, 7:00 p.m. February 4 City Council, 7:00 p.m. February 11 STMA Ice Arena Board, 6:00 p.m. February 12 Planning Commission , 7:00 p.m. February 18 Presidents' Day, City Offices Closed February 19 City Council, 7:00 p.m. February 25 Joint Powers Water Board, 6:00 p.m. Parks Committee/Centennial, 7:00 p.m. 10. ADJOURNMENT Motioned by Vetsch,seconded by Cocking, to adjourn the meeting at 9:38 p.m.Ayes: Hendrickson, Cocking,Halling, Olson and Yetsch. Nays:None.Absent:None. MOTION DECLARED CARRIED. Respectfully sub itted, � �,�' ,` „ G����� � �. imberly . Hodena, City Clerk � City Council Meeting Minutes Page 7 Regular Meeting of January 22,2019