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2012-06-18 CC Minutesi A,,lbertiville Small Sown Wag. 019 City ALBERTVILLE CITY COUNCIL Monday, June 18, 2012 ADOPTED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE Mayor Mark Meehan called the regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL 7:00 PM Present: Mayor Mark Meehan and Council members Jillian Hendrickson, Larry Sorensen, John Vetsch and Dan Wagner Absent: None Others Present: Finance Director Tina Lannes, City Attorney Michael Couri, City Planner Alan Brixius, Public Works Director/City Engineer Adam Nafstad, City Clerk Kimberly Olson, Robert Thistle, Deputy Sorlein, Chad Dahlheimer and Samara Postuma 3. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS - None 4. CITIZENS OPEN FORUM Chad Dahlheimer, 6871 Lakewood Drive NE, would like to request permission to have chickens within the city. He reported that he had spoken with a member of the City offices about building a coop to house chickens. He stated that he was told they were allowed if they were housed properly and hygienically. He proceeded to spend $1,000 to build the chicken coop. He was then informed a week later that chickens do not fit within the zoning in his area. He is upset about being misled, which has resulted in him investing $1,000 for something he is not allowed to have. Dahlheimer stated he has done some research on state and federal definitions of farm animals as well as other cities that have allowed chickens. He distributed a handout with the information to Council. Dahlheimer reported those cities usually require a permit and an inspection every year or two. Most allow roosters but it is mostly discouraged. He asked the Council to reconsider the definition in the Code. He is interested in having at most four chickens, but no roosters. Three of his neighbors do not have an objection. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 City of Albertville City Council Minutes June 18, 2012 Page 2 of 7 Staff stated chickens, defined as farm animals in the Code, are only allowed in the agriculture district. This request would require changing the Zoning Code. Council requested more information on what the applicant had originally been told and also how the applicant would remove the chicken waste. Dahlheimer responded they have property up north where they could bring it and their daughter also has a pet waste removal business. Staff will gather information on what was discussed with the applicant as well as sample ordinances from other cities to bring to the next meeting. 5. APPROVAL OF THE AGENDA Nafstad requested adding two items to the Public Works Director/City Engineer reports (8C): 4) Farmer's Market Temporary Sign Application 5) Mosquito Control Brixius requested the addition of an oral update to the Council under Planning. Motion by Hendrickson, seconded by Vetsch, to approve the agenda as amended. Ayes: Meehan, Hendrickson, Sorenson, Vetsch and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by 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 8, 2012 joint City Council/Planning Commission minutes visioning session as presented (pgs 1-2) B. Approve the June 4, 2012 regular City Council minutes as presented (pgs 3-5) C. Approve the June 4, 2012 workshop minutes as presented (pgs 6-7) D. Authorize the Monday, June 18, 2012 payment of the claims that includes electronic payments 1212 EFT-1226 EFT and check numbers 31048 to 31095 as presented (pgs 8-15) Nafstad requested Item 61) be pulled from the consent agenda. Lannes requested Item 6B be pulled from the consent agenda. Lannes reported there was a correction to the June 4, 2012 regular City Council meeting minutes. The motion for adjournment should have been Hendrickson and Sorenson, not Hendrickson and Vetsch. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 City of Albertville City Council Minutes June 18, 2012 Page 3 of 7 Motion by Sorenson, seconded by Hendrickson, to approve the correction. Ayes: Meehan, Hendrickson, Sorenson, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Nafstad reported the correct amount for Check No. 31062 to Eureka for I-94 construction should be $1,098,729.49. He recalculated the amount with a 5% retainage per the State contract rather than 10%. Motion by Wagner, seconded by Sorenson, to approve the claims with the change to Check No. 31062. Ayes: Meehan, Hendrickson, Sorenson, Vetsch and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. 7. PUBLIC HEARINGS A. Establish Tax Increment Financing District No. 14 and Business Subsidy Staff reported Frasier Steel still needs to provide additional information and once that is submitted, staff will move the TIF contract forward for Council approval. It is staff s recommendation to continue both public hearings for the TIF District and the business subsidy. They cannot approve the contract as is without the additional information. Staff reported that if the information is received in the next week, they will bring it to the next Council meeting. They can continue the public hearings without re -noticing if a date and time are set at this meeting. Motion by Vetsch, seconded by Wagner, to continue the public hearing to the July 2, 2012 City Council meeting at 7.00 p.m. Ayes: Meehan, Hendrickson, Sorenson, Vetsch and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. 8. DEPARTMENT BUSINESS A. City Council There were no items. B. Planning/Zoning Update to Council Brixius updated Council on a temporary sales application for the Burger King site/parking lot. The site does not meet parking requirements. However, staff was informed that there has been a fireworks tent in previous years which should not have been allowed. Because of this, staff would like to approve the application for this year only with the understanding they will not be able to do this again in the future. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 City of Albertville Page 4 of 7 City Council Minutes June 18, 2012 Brixius reported on an inquiry to park excess passenger vehicles on a vacant lot near a resident's home. Brixius reported that would not be allowed nor would a CUP for additional parking be issued to a residential home. Brixius received a complaint regarding the storage of a recreational vehicle. The RV does not meet the requirement of staying 15 feet from the curb. It is a continuous condition and he will send out a letter to the owner to correct the issue. Brixius reported Goodyear is requesting a second freestanding sign which is allowed by ordinance if they meet the setbacks. C. Engineering/Public Works 1. Wastewater Superintendent Monthly Report John Middendorf reported they are meeting the limits for the wastewater treatment plant but chemicals have been needed recently. 2. Public Works/City Engineer Work in Progress Report Council had no questions or additions to the written report 3. I-94 Update Nafstad reported the contractor has moved several days ahead but is still about 10-14 days behind schedule due to the amount of rainfall. However, the project is progressing well. The owner of a local market is concerned how the construction is affecting his business. Remedies can include tree removal to increase visibility, additional signage, and faster construction for the off ramp. Nafstad is also working with the Outlet Mall on the pending assessment and is looking at holding the proposed assessment amount true and extending the term of the loan to 20 years with a deferred first year payment. 4. Farmer's Market Temporary Sign The Lions Club has submitted an application for a temporary sign permit for their farmer's market. The fee was waived in previous years and he asked for permission to waive the fee again. There were no objections from the Council. 5. Mosquito Control Nafstad reported on the quotes that had been given in the past for professional mosquito control. He stated 3-7 treatments are required to begin to be effective. Spraying for mosquitoes will kill the adult population but does not address the larvae that will develop into the next population. He is not aware if any surrounding cities are currently doing mosquito control. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 City of Albertville Page 5 of 7 City Council Minutes June 18, 2012 Council discussed if this should be the role for the County since it would be difficult for the City to take on this expense and exposure to staff. They directed staff to contact the surrounding cities about their stance on mosquito control and possible partnership and come back with a quote for these services. D. Legal 1. Section 8 Housing Couri reported the City may be able to prohibit rentals to residents using Section 8 vouchers; however, the developer cannot to do so if they receive federally subsidized tax credits. The next step is to contact the developer to see if they will be receiving tax credits and if not, will they be willing to exclude Section 8 vouchers. If receiving tax credits, Couri believes it will apply to the whole development. Council directed staff to speak with the developer to determine if their intentions. 2. Interim City Administrator Contract Couri reported the proposed contact is with Bob Thistle to provide interim City Administrator services to the City as an independent contractor. He would work 20-40 hours per week with hours set at his discretion for $55 per hour. He will determine work priorities and also be available by phone or electronic device when not present. Couri stated the City must assume that Mr. Thistle knows the duties and services required and can determine those work priorities. Once a permanent City Administrator is hired, Mr. Thistle has agreed to either mentor the person if hired internally or if hired externally, to be on call for however long he and the City wish to continue the agreement. The City will also indemnify and defend Mr. Thistle any claims that arise. The League of Minnesota Cities is able to provide a rider for this coverage. Mr. Thistle reported that he is looking forward to working for the City. He felt there are some intriguing options as the City moves forward. Council asked for his thoughts of hiring internally. Thistle replied there is now a National Accreditation Program as well as other opportunities for the candidate to learn specialty skills through other means. Council discussed the benefits of hiring internally or hiring outside the City through an executive search. Motion by Meehan, seconded by Hendrickson, to approve the contract with Robert Thistle for Interim City Administrator services. Ayes: Meehan, Hendrickson, Sorenson, Vetsch and Wagner. Nays: None. Absent. None. MOTIONDECLARED CARRIED. 3. Extension of Probationary Period for Bridget Miller Staff recommends an extension of the probationary period to October 3, 2012. The purpose of this extension is to properly train Ms. Miller in her duties. With the absence of the City Administrator, staff has not had the opportunity to properly train Ms. Miller in some of her M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 City of Albertville Page 6 of 7 City Council Minutes June 18, 2012 duties. Ms. Miller reports to both the Finance Director and the City Administrator and therefore there is no one at this time to complete the City Administrator portion of the performance evaluation. Council inquired if the evaluation is set to the description. Staff replied that it is. Motion by Vetsch, seconded by Hendrickson, to extend the probationary period for Bridget Miller to October 3, 201Z Ayes: Meehan, Hendrickson, Sorenson, Vetsch and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. 4. Mattress Store Staff reported the building was originally zoned industrial but was changed to commercial. A property can continue its legal non -conforming use if the use is not discontinued for more than a year. On the building code side, there are different classifications for sprinkling based on the type of hazardousness of the materials within the building. The previous use of a cabinet shop had a lower class of hazardousness. Because the mattress store falls under a higher classification, they must bring the building up to code to include sprinklers. This further limits the use of the building. The City has adopted the State Building Code that requires this upgrade. Staff has sent a letter to the owner requesting documentation that a retail use was present when the Building Code was adopted to show that it could be grandfathered in. If the Mattress Store cannot do that, staff will need to enforce the Building Code. Enforcement could result in court action and ultimately force a viable business out. However, the Building Code cannot be adopted and not enforced. Council inquired if the store had sewer and water. Brixius responded they have access but are not hooked up. Council inquired about the revolving loan fund. Staff replied there are funds available but it is still a loan the business would need to pay back and they would need to figure out if they want to put in that kind of investment into the building. Staff reported the fire department is very supportive of the sprinkling code and there have also been a good number of businesses that have done this already. There are also going to be competing demands for funds in the revolving loan fund. Council directed staff to continue working with the applicant. Staff will also look into possible exceptions or compromises that could be available. 5. Tax Forfeit Properties — Approve Resolution 2012-029 entitled Request for the State to deed tax forfeit properties to the City of Albertville Couri reported the City can acquire certain tax forfeit properties if they are used for a public purpose. The City can also request to acquire tax forfeit properties that were supposed to be deeded to the City pursuant to a developer's agreement. Staff outlined the properties they have identified and recommend to be deeded to the City of Albertville from the State of Minnesota. Motion by Vetsch, seconded by Sorenson, to Approve Resolution 2012-029 to Request the State to deed tax forfeit properties to the City of Albertville. Ayes: Meehan, Hendrickson, Sorenson, Vetsch and Wagner. Nays: None. Absent. None. MOTIONDECLARED CARRIED. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 City of Albertville City Council Minutes June 18, 2012 E. Administration There were no items. 9. ANNOUNCEMENTS and/or UPCOMING MEETINGS June 25, 2012 July 2, 2012 July 4, 2012 July 9, 2012 July 10, 2012 July 16, 2012 July 23, 2012 10. ADJOURNMENT Joint Powers Board Meeting @ 6:30 P.M. City Council Meeting @ 7:00 P.M. City Office Closed (Holiday) Arena Board Meeting @ 6:00 P.M. Planning Commission Meeting @ 7:00 P.M. City Council Meeting @ 7:00 P.M. Joint Powers Board Meeting @ 6:30 P.M. Page 7 of 7 Motion by Hendrickson, seconded by Wagner, to adjourn the meeting at 8:50 p.m. Ayes: Meehan, Hendrickson, Sorenson, Vetsch and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. Respectfully submitted, Kimberly A- lson, City Clerk M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012