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2019-06-03 City Council MinutesNbertville SM ALBERTVILLE CITY COUNCIL Monday, June 3, 2019 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:01 p.m. 2. ROLL CALL Present: Mayor Hendrickson, Councilmembers Cocking, Halling and Vetsch Councilmember Olson arrived at 7:50 p.m. Absent: None 7:00 PM Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Alan Brixius, Fire Chief Eric Bullen, Finance Director Tina Lannes and City Clerk Kimberly Hodena Others Present: Wright County Commissioner Michael Potter, State Fire Marshall Bruce West, Firefighter Bill Valerius, Firefighter Brock Verville, Firefighter Jarrod Deehr, Albert Barthel, Lieutenant Darrick Asleson, Captain Matt Minette, Firefighter Dean Eull, Firefighter Greg Hubbard, Firefighter Gerald Gerads, Firefighter Chris Thurber, Firefighter Paul Gonsior, Rick and Jayne Anderson, Lieutenant Kyle Anderson, Firefighter Ron Tiernan, Alyssa Gallagher, Kelly Myers, Kelly Duncan, Justine Folkestad, Randy Stangler, Paul Schleicher, Jack and Ali Brandes, Jeff Burger, Dan Essig 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. Albertville Royalty Alyssa Gallagher and Justine Folkestad introduced themselves as the new program leaders for the Albertville Royalty Program. The 2018-2019 Royal Court introduced themselves and listed some of their favorite activities they have participated in over the last year. Some of those activities included the Make a Wish program, Polar Plunge, andRonald McDonald meal service. Miss Albertville invited everyone to attend Saturday's Spaghetti Dinner during Albertville Friendly City Days (AFCD). Gallagher reported this year's Royal Court candidates are already active and have been shadowing the current Royal Court. The Council thanked the court for their service to the Albertville community. Page 1 Hendrickson then presented Kelly Myers and Kelly Duncan with Certificates of Appreciation for their many years of service to the Albertville Royalty Program. Myers served for 16 years and Duncan served 14 years. The Council thanked them and appreciated their dedicated and long service to the program. B. Albert Barthel Recognition Bullen reported that Barthel retired after 37 years of service to the department. He stated that Barthel served from 1982 to 2019 and was also a candidate for this year's I-94 First Responder Award. Bruce West, MN State Fire Marshal, was present at the meeting and shared his experiences working with Barthel. West then presented Barthel with a Certificate of Excellence. Bullen presented Barthel a Fire Chief helmet. He stated that it is customary to receive a helmet of the highest office held in the department upon retirement. Bullen congratulated Barthel on his retirement and stated he will be missed on the department. C. Scherer Brothers/Border States Electric Recognition Bullen took the opportunity to thank the Council for their support to the firefighter program and allowing City employees to respond to fire calls during their work hours. He introduced Plant Manager of Scherer Brothers, Jeff Burger, and Branch Manager of Border States Electric, Dan Essig. He thanked them for allowing their employees serving as firefighters to respond to calls and stated that allows them enough personnel during the daytime hours. He then presented both with plaques of appreciation. Council thanked the businesses as well and expressed their appreciation for their contribution to the community. D. Post Legislative Update Representative Eric Lucero was present to provide an update after the end of the legislative session. He reported on: increase in public safety funding, 3% tuition cap, MNLARS update, tax conformity, HAVA funds for elections and equity in education. The items that did not pass include: gas tax increase, gun control measures, felon voting rights, nursing home funding cuts, internet neutrality and national popular vote legislation. Cocking reported that hands free driving will go into effect this summer as well. He felt it was past time this legislation was passed. 4. PUBLIC FORUM Dennis Marx, 11423 54 %2 Street NE, reported to the Council that they are experiencing drainage issues, especially since a nearby home was constructed several years ago. He stated that staff is aware of the issue, but he wants to be on record that the situation must be addressed. Nafstad stated there are options including drain tile, however, there are very few catch basins to connect nearby. He stated council reviewed one option at a previous meeting. Vetsch would like to see a plan of action as this has been an ongoing issue for years. Nafstad replied that he would bring forward an option for Council to review at a future meeting. City Council Meeting Minutes Page 2 Regular Meeting of June 3, 2019 5. AMENDMENTS TO THE AGENDA Nafstad added MnDOT Agreement for 70t' Street as Item B4. Motioned by Cocking, seconded by Hailing, to approve the Agenda as amended Ayes: Hendrickson, Cocking, Halling and Vetsch. Nays: None. Absent Olson. 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 May 20, 2019 regular City Council meeting minutes as presented B. Authorize the Monday, June 3, 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 closure of Main Avenue NE south of railroad tracks to 58 h Street NE, 58t' Street NE to Lander Avenue NE, and Lander Avenue NE to 57`' Street Motioned by Vetsch, seconded by Cocking, to approve the Consent Agenda as presented. Ayes: Hendrickson, Cocking, Halling, and Olson. Nays: None. Absent. Olson. MOTIONDECLARED CARRIED. 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Parks Committee Nafstad reported that Explore Your Parks Night went very well and over 500 people attended the event. A. Planning/Zoning 1). Stangler Property Rezoning, located at 6737 LaBeaux Ave NE, from B2-A to PUD Brixius reported that the property at 6737 LaBeaux Avenue NE is currently zoned B2-A. The applicant, Randy Stangler, would like to place a new tenant in the building that has a use that does not match the current zoning. There are also other condition and site violations that need to be cleaned up. Staff is recommending that the property be rezoned to a Special Business District PUDB2-A that would allow for a low intensity industrial use for the proposed cabinet finishing business. Brixius reviewed some of the current violations such as outdoor storage, lack of certificate of occupancy, and undefined parking. He stated that PUD zoning has been used to create special zoning districts for other commercial properties. The application has been through the Planning City Council Meeting Minutes Page 3 Regular Meeting of June 3, 2019 Commission and they recommended approval with several conditions. The conditions include meeting all fire and building code, demonstrate adequate utility services, Rigs to Rods tenant must pursue a CUP and CO, parking improvements, outdoor storage would require an interim use permit, and follow landscaping requirements. Couri stated that they must be careful about what can required pertaining to any grandfathered uses. Brixius stated the outdoor storage is not part of this approval process and will require its own application. Vetsch inquired if there is a loading dock and Brixius stated it is only overhead doors. Stangler reported that the auto repair tenant received notice that they be out of the space by July. He added that he is working on cleaning up the current site violations. Brixius inquired if Stangler had issue with any of the outlined conditions of approval. Stangler replied he understood the conditions. Motioned by Halling, seconded by Cocking, to approve Ordinance 2019-04 Amending the Official Zoning Map of the City of Albertville, Relating to the Stangler Property Located At 6737 Labeaux Avenue in the City of Albertville. Ayes: Hendrickson, Cocking, Halling, Olson and Vetsch. Nays. None. Absent: None. MOTIONDECLARED CARRIED. B. Public Works/Engineering 1). Swimming Pool Fences Nafstad reported that staff received a request from a resident that is installing an in ground pool. Typically a five foot fence around the pool/property has been required and the property currently has a four foot fence. The residents are requesting that they be allowed to keep the four foot fence if they also install a secure pool cover and keep it covered when not in use. It would be an expense to the homeowner to remove the current fence and reinstall a taller one. City staff reviewed the City Code and feels the request meets the current code. He stated no action is necessary but staff is looking for Council direction. Brixius stated the ideal scenario would be both a fence and a pool cover. Cocking had concerns if this would lead to even lower fence heights and inquired where the line stops. Council approved the request. 2). Driveway and Sanitary Sewer Assessments Nafstad reported that a property in the 2019 Street Improvements area would like to include utility repairs with their driveway replacement, but it exceeds the $8,000 cap of the driveway replacement program. The cost of both the utility and driveway work would be approximately $9,500. Cocking inquired how many properties are utilizing the driveway replacement assessment program. Nafstad anticipates there should be approximately two dozen assessment agreements once the project is done. Motioned by Vetsch, seconded by Olson, to Authorize staff to enter into a Special Assessment Agreement with the property owners of 10271 Karston Avenue NE for repairs to utility services and driveway improvements for an amount not to exceed $9,500. Ayes: Hendrickson, Cocking, Halling, Olson and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. City Council Meeting Minutes Page 4 Regular Meeting of June 3, 2019 3). Request by Jack Brandes to Construct A Driveway Over Sewer and Water Services at 11588 Laketowne View NE Brandes reviewed his request to flip the garage to the right of the house and to place the driveway over the utility service set. He provided documentation of other examples where this was done contrary to the development plans. Nafstad stated that in most of the cases there was a reason that it was done. He emphasized that this is not best practice and can result in additional costs to the city as well as the homeowner. He cited several examples where driveways where this has been done have failed. Hendrickson inquired if Brandes had any new information for the Council. Brandes indicated there is no specific ordinance prohibiting this. Nafstad discussed the subdivision process and noted that development plans depict many design elements of each lot, including service and driveway placement, and are formally approved by the Council at the time of platting. Brandes felt the process is very subjective. Olson stated that there may have been mistakes regarding driveway placement in the past but the city has tried to correct them to the best of the city's ability. There was further discussion about locations of utility and water service curb stops. Vetsch explained that Joint Powers Water Board used to oversee the utility but Albertville took over years ago and there is value in being consistent with the Joint Powers Water Board. Couri stated there should be a valid reason to make exceptions. To approve without a concrete reason may not hold up in court; the courts may forgive mistakes but not exceptions. Brandes inquired if he could receive compensation to re -stake the property and to remove the large tree in the yard if the driveway must go on the left of the house. Nafstad recommended no compensation as the initial survey staking was not directed by city and the tree removal is not be required by the city. Hendrickson stated that she understands the request but is not seeing Council support to approve the request. Halling disagreed and felt it should be more specifically laid out in the City Code. Court clarified that development plans do go through the Planning Commission and City Council and often vary plat by plat. Motioned by Olson, seconded by Vetsch, to deny the request to allow Lot 3, Block 7 be developed with the garage on the east side of the lot and the water and sewer services under the driveway based on a finding that the request is not consistent with the approved development plans for the lot and is inconsistent with city policy and practice. Ayes. Hendrickson, Olson and Vetsch. Nays; Hailing. Abstain: Cocking. Absent. None. MOTIONDECLARED CARRIED. 4). MnDOT Pavement Preservation on 70a' Street NE Nafstad reported that he recently received notification that MnDOT is looking to build and monitor pavement preservation test sites on 70th Street NE and 8e Street NE in Albertville and Otsego. The cities will allow MnDOT access to the streets as well as provide and maintain pavement markings. This is a no cost agreement and will expire in 2024. He stated this would be approximately a ten year improvement to the streets and the streets would be the same width. Motioned by Cocking, seconded by Olson, to authorize the Mayor and staff to enter into MnDOT Agreement #1034017 between the cities of Albertville and Otsego and MnDOT for the construction and monitoring of pavement preservation test sites on 70rh Street NE and 80`h Street City Council Meeting Minutes Page 5 Regular Meeting of June 3, 2019 NE as part of the NCAT/MnROAD research project partnership. Ayes: Hendrickson, Cocking, Hailing, Olson and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. C. Fire 1). Purchase of 8 Sets of Fire Turnout Gear Bullen reported that a service call resulted in paint on turnout gear for five firefighters. Staff filed a claim with the insurance company and were advised to see if the paint could be professionally removed. It could not and was condemned for use by a third party. The insurance sent a check for $10,875. He recommended purchase of turnout gear for three new firefighters as has been past practice as the gear is individually sized. The remainder of the cost for the turnout gear will come from Fire Department capital. Motioned by Cocking, seconded by Hailing, to authorize the purchase of 8 sets of turnout gear for the Fire Department. Ayes: Hendrickson, Cocking, Hailing, Olson and Vetsch. Nays: None. Absent. None. MOTIONED DECLARED CARRIED. D. City Clerk 1). Cancellation of July 1, 2019 City Council Meeting Olson inquired if a special meeting could be called if it became necessary and Hodena reported they could and would just need a quorum of three. Motioned by Cocking, seconded by Olson, to cancel the regularly scheduled City Council meeting of July 1, 2019. Ayes: Hendrickson, Cocking, Hailing, Olson and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. E. Finance — None F. Building — None G. Legal — None H. Administration 1). City Administrator's Update — Verbal Update Nafstad reminded the Council of the AFCD Social Hour on June 7 at 5:00 p.m. at the depot. 9. Announcements and/or Upcoming Meetings June 5-9 Albertville Friendly City Days June 7 Social Hour, 5:00 p.m., Depot June 10 STMA Arena Board, 6:00 p.m. June 11 Planning Commission, TBD June 17 City Council, 7:00 p.m. June 24 Joint Powers Water Board, 6:00 p.m. Parks Committee/Centennial Planning, 7:00 p.m. July 1 City Council, TBD July 4 City Offices Closed, Independence Day July 8 STMA Ice Arena Board, 6:00 p.m. City Council Meeting Minutes Page 6 Regular Meeting of June 3, 2019 July 9 Planning Commission, 7:00 p.m. July 15 City Council, 7:00 p.m July 17 Fire Advisory Committee, 6:00 p.m. July 22 Joint Powers Water Board, 6:00 p.m. Parks Committee/Centennial Planning, 7:00 p.m. 10. ADJOURNMENT Motioned by Cocking, seconded by Olson, to adjourn the meeting at 8:54p.m. Ayes: Hendrickson, Cocking, Halling, Olson and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. Respectfully submitted, r / Kimberly A. f 16dena, City Clerk City Council Meeting Minutes Page 7 Regular Meeting of June 3, 2019