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2012-07-02 CC MinutesNbertvillc Smolt Town UA . 019 CIN Ufs. ALBERTVILLE CITY COUNCIL Monday, July 2, 2012 ADOPTED MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE Mayor Pro-tem John Vetsch called the regular City Council meeting to order at 7:01 p.m. 2. ROLL CALL Present: Mayor Pro-tem John Vetsch, Council members Jillian Hendrickson, Larry Sorensen, and Dan Wagner Absent: Mayor Mark Meehan 1 Others Present: Interim City Administrator Robert Thistle, Finance Director Tina Lannes, City Attorney Michael Couri, City Planner Alan Brixius, Public Works Director/City Engineer Adam Nafstad, and Samara Postuma 3. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS Pam Betts stated that her son, Chas Betts, has qualified in wrestling for the 2012 Summer Olympics in London, England. She stated they are having a send off for him on Saturday, July 21 from 3:30-5:30 p.m. at Neighbor's. She invited the Mayor to wish him well on his trip. Lannes stated they would place a proclamation for her son on the next agenda. 4. CITIZENS OPEN FORUM Pete Wagner, 10690 50th St. NE, stated he received a letter from Brixius regarding a violation of the setback from the curb for his recreational vehicle. He stated that it appears motor vehicles are allowed within that setback and asked the Council to look at amending the setback from the curb. He stated it appears recreational vehicles setbacks for the rear and side yard are less. He stated that he has spoken with Brixius to find a more suitable area for storage of the recreational vehicle. Meeting Date: July 2, 2012 City of Albertville Page 2 of 10 City Council Adopted Minutes July 2, 2012 Vetsch inquired what the difference is if multiple cars are parked in a driveway and extend all the way to the curb versus a recreational vehicle. Brixius reported the ordinance is intended to encompass the boulevard and to keep site lines intact. Motor vehicles are not allowed to park in the right of way or boulevard either. Mr. Wagner is in the current situation because a complaint was registered with the City and Brixius is looking for direction from the Council regarding enforcement of the ordinance. Brixius stated there are several ways the Council could precede. They could look at changing the ordinance or they could waive enforcement of the ordinance on Mr. Wagner's property until he can complete an appropriate storage area on a side or rear lot. Council discussed the fairness of enforcing one situation but not all the other instances within in the City. Brixius stated that other cities do not allow structures or private property in the right of way and the right of way usually extends 15 (fifteen) feet into the property. Some cities do allow shade trees, but that is it. Council inquired about townhome developments and private streets. Brixius stated those developments do not generally have direct access to public streets. Council discussed the costs and personnel required to enforce compliance across the entire city. Thistle explained the difference between passive and active code enforcement. He stated the cost and time to pursue an active enforcement policy would be great. Brixius suggested working towards compliance by the end of August and that allows staff to inform the complainant they are making progress with the homeowner. Motion by Wagner, seconded by Hendrickson, to suspend enforcement of setback limits for the recreational vehicle located at 10690 50'* St. NE until September 1, 2012 to allow the homeowner time to complete an appropriate storage area on his property for the vehicle. Ayes: Vetsch, Hendrickson, Sorensen, and Wagner. Nays: None. Absent: Meehan. MOTION DECLARED CARRIED. 5. APPROVAL OF THE AGENDA Sorensen added discussion of recorded City Council minutes under City Council. He also would like to add City Administrator process and budget impact discussion under Administration. Nafstad added discussion of 11800 Lachman Ave. NE informational update under Public Works. There is also a revised Request for Council Action for the City Administrator process. Motion by Hendrickson, seconded by Sorensen, to approve the agenda as amended. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTION DECLARED CARRIED. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 07 02 2012.doc Meeting Date: July 2, 2012 City of Albertville City Council Adopted Minutes July 2, 2012 6. CONSENT AGENDA Page 3 of 10 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 June 18, 2012 regular City Council minutes as presented B. Approve the June 18, 2012 workshop minutes as presented C. Authorize the Monday, July 2, 2012 payment of the claims that includes electronic payments 1242 EFT- 1251 EFT and check numbers 31102 to 31138 as presented D. Approve Resolution 2012-030 Appointment of Election Judges E. Approve Resolution 2012-031 Appointment of Absentee Ballot Board Couri requested a change be made to Item 6A. He would like the minutes of June 18, 2012 to reflect that both public hearings for the TIF District and the Business Subsidy for Fraser Steel were continued to the July 2, 2012 meeting. Motion by Wagner, seconded by Sorensen to approve the consent agenda as amended. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS A. Fraser Steel Business Subsidy and Establishment of Tax Increment Financing District No. 14 Hearings Continued Tammy Omdal with Northland Strategies was present at the meeting. She stated there were two public hearings carried over to this meeting and they would like to continue the business subsidy public hearing to the Council's next meeting. Couri explained they have been receiving information from Fraser Steel and they could present a completed Developer's Agreement outlining the business subsidy to the Council at the next meeting. Couri stated they would discuss only Tax Increment Financing District No. 14 this evening. Motion by Sorensen, seconded by Hendrickson, to continue the business subsidy public hearing for Fraser Steel to the July 16, 2012 City Council meeting. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTION DECLARED CARRIED. Omdal reported that Fraser Steel is requesting public assistance to expand its facility. Previously the City Council decertified Tax Increment Financing District No. 13 and this will be the new district. Fraser Steel is proposing a 25,000 square foot expansion. They will be requesting pay as you go assistance from the Tax Increment Financing District as well as assistance from the Revolving Loan Fund in the future. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 07 02 2012.doc Meeting Date: July 2, 2012 City of Albertville Page 4 of 10 City Council Adopted Minutes July 2, 2012 Omdal reported the TIF District will generate about $35,000 per year or $340,000 plus over nine (9)years. The Developer is seeking reimbursement of approximately $310,000 of costs including outstanding special assessments ($160,000) with the balance for site improvements and other TIF eligible expenses. This would not be an upfront payment, but Fraser Steel would be reimbursed after nine (9) years after the increment is collected. The City would retain 10 (ten) percent of that to cover City administrative costs and the remainder will be available to Fraser Steel after they prove up the costs. The Development Agreement that will be available at the next meeting will detail the specifics of the agreement with Fraser Steel. However, Omdal reported the TIF District is not specific to Fraser Steel but is a means to assist with the development. Vetsch opened the public hearing. Omdal read a letter from Thomas Baxter Stephenson, President and COO of Fraser Steel, outlining his intent for the project and recognizing staff and consultants. There were no other comments. Motion by Hendrickson, seconded by Wagner, to close the public hearing. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTIONDECLARED CARRIED. Motion by Hendrickson, seconded by Sorensen, to adopt Resolution 2012-032 Modifying Municipal Development District No. I and Modifying the Development Program and Establishing Tax Increment Financing (Economic Development) District No. 14, and Approving a Tax Increment Financing Plan. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTIONDECLARED CARRIED. 8. DEPARTMENT BUSINESS A. City Council Sorensen would like Council feedback on directing staff on how to proceed with the type of minutes. He stated that with the minutes now being recorded, he had anticipated more detail in who said what. Lannes stated that in discussion with staff, they had talked about summarized minutes versus verbatim minutes. Thistle stated he would like to take some time to talk with staff. Lannes stated that even though the recorded minutes are not on the website, the public could request the audio version as it is public information. Hendrickson stated she is not opposed to either way. Thistle stated he was originally concerned that the City Council meetings were not recorded at all. He will speak with staff and follow up at a later date. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 07 02 2012.doc Meeting Date: July 2, 2012 City of Albertville Page 5 of 10 City Council Adopted Minutes July 2, 2012 B. Finance There were no items. C. City Clerk Lannes asked for direction on sending out a newsletter in the current format for July or if Council would like to see a newsletter mailed out in October in a new, updated format. Council inquired about cost to mail out the newsletter. Council felt the October issue of the newsletter is important and felt it is okay to wait until then for it to be improved and sent out. D. Public Works Director/City Engineer 1) Sweeper Purchase for Bobcat Nafstad reported the cost of the sweeper is $3,004.47. He stated the new sweeper will pick up the materials rather than pushing them. It is in line with Public Works expenditures for the year. Motion by Wagner, seconded by Sorensen, to approve the purchase. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent. Meehan. MOTION DECLARED CARRIED. 2) I-94 Update Nafstad stated the project is progressing well. He stated staff has been in touch with Heidi's Market and have made headway in visibility. 3) Mosquito Control Quotes Staff contacted a professional mosquito control company to provide a quote. The company recommended eight treatments through the Labor Day holiday as well as 50 briquettes in local ponds and wetland areas. Nafstad stated that mosquito population also depends on the temperature and amount of rainfall. Staff contacted the surrounding communities and it does not appear they treat for mosquitoes. The cost would not exceed $12,554 for the recommended treatments. This item is not included in the budget. Hendrickson felt that it would defeat the purpose if surrounding cities do not spray. She also inquired if it would be an option to just do the briquettes. Nafstad stated the briquettes control the larvae and spraying targets the adult population. Hendrickson asked if there was anything they could do to be more proactive with the City's response to residents. Nafstad stated he could refer residents to resources for their properties and believes there are some links on local agency websites to help residents. M:\Public Data\City Couneil\Council Minutes\2012 Minutes\City Council\M 07 02 2012.doc Meeting Date: July 2, 2012 City of Albertville City Council Adopted Minutes July 2, 2012 Page 6 of 10 Thistle stated that if this is a growing issue of concern, there should be some comprehensive discussion between the County and area cities to ensure safety of the treatments and competitive pricing for treatments. Council decided to take no action on the item. 4) MacIver Ave. NE Seal Coat Nafstad reported this is a jointly owned and maintained street with the Cities of Albertville and Otsego. The City portion to sealcoat the street will be $11,553. Motion by Sorensen, seconded by Hendrickson, to approve seal coating and related work of MacIver Ave. NE between 63`d St. NE and 70'* St. NE per the City of Otsego 2012 Maintenance Project and to reimburse the City of Otsego forAlbertville's portion of the project costs. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTIONDECLARED CARRIED. 5) Revised Search Firm Proposals Nafstad reported there are two revised proposals for the Council to review. Staff requested the revised proposals to proceed with the selection of a new City Administrator in a phased approach. Nafstad reviewed the two options from Brimeyer Fursman llc and Springsted Incorporated. Sorensen asked if these are the only options left to the Council. Nafstad stated Phase I would include meetings with Council members to determine their expectations and characteristics they are seeking for the new City Administrator. Vetsch stated he came away from the last meeting with the idea that a firm was needed to help define the role(s) Council expects for the new City Administrator. Nafstad said the Council is not committed to this process and could direct the Ad Hoc Committee to proceed instead. Thistle stated hiring of a firm is to assist the Council in defining the expectations for the new City Administrator and can assist in helping with an in house succession or a full executive search outside. He stated that hiring a firm does not influence either option at this time. He stated that through the process there may be other items that may arise. He felt the key issue at this time is to have a clear understanding for the new City Administrator. Wagner stated he is hesitant to spend unbudgeted dollars on this effort considering the views of the Council. Hendrickson felt it was intended as a way for the Council to work together. He felt that minds are made up and he doesn't know if they could get past that. Vetsch inquired if a facilitator is needed or if this is something they could work without. Wagner replied that he felt they will not reach a unanimous vote and the comment he gets from the public is to stop spending money on this. Sorensen stated he also received those comments and he wants to see if there is a way to proceed internally. Couri replied that staffing levels are lean and it would be hard to pull someone to do the legwork. If they do not want to spend the dollars, it will require a good amount of time from several M:\Public Data\City Council\Council Minutes\2012Minutes\City Council\M 07 02 2012.doc Meeting Date: July 2, 2012 City of Albertville City Council Adopted Minutes July 2, 2012 Page 7 of 10 Council members. He added that hiring an outside firm could be the best shot at achieving some resolution rather than pursuing it internally with a divided Council. Hendrickson wanted a way for the Council to share the things they want out of a City Administrator, but if the Council feels hiring a firm will not lead anywhere she would rather not spend the dollars either. She also felt hiring a firm was a way to show the community the thought that has gone into the decision. Vetsch felt hiring a firm is the way to go. Nafstad stated some of the deliverables that will come out of hiring a firm would be the facilitation itself, an updated job description and a current position profile. Motion by Vetsch, seconded by Hendrickson, to accept the Springsted proposal for Phase I for the Development of a Job Description and Position Profile for the City Administrator in the amount of $1,500.00. Sorensen stated that he will not vote for it as it is a non budgeted item. Hendrickson replied that this is an attempt to work together to come up with a real protocol for how they are to deal with this and if the Council is not in support of it, she will not be either. Ayes: Vetsch and Hendrickson. Nays: Sorensen and Wagner. Absent: Meehan. MOTION FAILED. Vetsch noted that no more non budgeted items should be acted upon. Hendrickson would like the Ad Hoc Committee to meet after the regular meeting. Sorensen would like to follow through with proceeding with the development of a job description and position analysis internally. Motion made by Sorensen, seconded by Hendrickson, to direct the Ad Hoc Committee to proceed with developing a job description based upon Council input for a permanent City Administrator. Vetsch inquired about the time frame for this. Sorensen replied he did not have a time frame as long as it ensures they hire the right person. With that being said, it could be next year or two months. Ayes: Hendrickson, Sorensen and Wagner. Nays: Vetsch. Absent: Meehan. MOTION DECLARED CARRIED. Couri clarified that the Ad Hoc Committee could meet after the meeting but not a quorum of the Council. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 07 02 2012.doc Meeting Date: July 2, 2012 City of Albertville Page 8 of 10 City Council Adopted Minutes July 2, 2012 6) 11800 Lachman Ave. NE Nafstad reported this is the property the Ice Arena would look at purchasing is it expanded for another sheet of ice. The owners are actively marketing the land. He stated the difference between the asking price and the appraisal is significant. E. Planning/Zoning 1) 152 Club Expansion Request for Assistance Brixius reported they have received a permit for the expansion of the 152 Club for additional seating and ADA compliant restrooms. The additional area will generate SAC/WAC charges and also will require installing sprinklers into the building. The owner wishes to use the Revolving Loan Fund for assistance. A hydrant would need to be relocated at the City's expense. Vetsch inquired if there will be enough funds in the Revolving Loan Fund after this for the Fraser Steel item they were previously discussing. Couri replied there will be money for both but it would end up zeroing out the fund. Vetsch inquired if they could regain the money by special assessment. Couri stated he anticipated creating the loan agreement in that fashion. Motion by Sorensen, seconded by Hendrickson, to prepare the loan agreement with the 152 Club. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTIONDECLARED CARRIED. 2) Urban Chickens Brixius had prepared a large amount of materials for Council. However, Chad Dahlheimer was not present at the meeting and Brixius suggested Council may want to table the item so that Mr. Dahlheimer can advocate his case. Vetsch inquired if the size of lots influences keeping of chickens. Brixius replied only the agriculture district could have chickens. Brixius stated he is not a proponent of urban chickens having dealt with the issue in other cities. His suggestion to Council would be to remove rabbit hutches and coops from the domestic animal definition and expand the farm animal definition to include ducks and geese. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 07 02 2012.doc Meeting Date: July 2, 2012 City of Albertville City Council Adopted Minutes July 2, 2012 F. Legal Page 9 of 10 1) Attorney Update Couri updated the Council on the status of the Mattress Depot. There is not any identifiable way to enforce the Building and Zoning Code unless sprinklers are installed. A letter has been sent to Wright County regarding the 6 (six) tax forfeit properties and Couri does not foresee any problems. Couri reported he spoke with Dominium and they would only proceed with the Karston Cove 3rd Addition workforce housing if they received federal tax credits. Therefore, federal law would not allow Dominium to prohibit Section 8 housing in its development. 2) Revolving Loan Couri reported that he has modified the Revolving Loan Fund Policy to allow for installation of sprinkling systems and it does not determine between retail, commercial or industrial businesses. He put a 10 (ten) year limit on loans for sprinkling systems but any major building expansions are usually a 20 (twenty) year loan. Vetsch felt that 20 (twenty) years is a long time to have money tied up. Couri replied that usually if there is a loan from the State, it is a 20 (twenty) year loan and the original loan for Fraser Steel was for 20 (twenty) years. Lannes clarified that it is up to twenty years that a loan can be constructed, but it could be less if the Council wished. Motion by Hendrickson, seconded by Sorensen, to modem the Revolving Loan Fund Policy to allow the 152 Club to qualify for a loan for a sprinkling system. Ayes: Vetsch, Hendrickson, Sorensen and Wagner: Nays: None. Absent: Meehan. MOTION DECLARED CARRIED. G. Administration Sorensen was concerned with the costs associated with the dismissal and replacement of the City Administrator and he would like staff to provide figures on those costs during budget discussions. 9. ANNOUNCEMENTS and/or UPCOMING MEETINGS July 4, 2012 City Office Closed (Holiday) July 9, 2012 Arena Board Meeting @ 6:00 P.M. July 10, 2012 Planning Commission Meeting @ 7:00 P.M. July 16, 2012 City Council Meeting @ 7:00 P.M. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 07 02 2012.doc Meeting Date: July 2, 2012 City of Albertville Page 10 of 10 City Council Adopted Minutes July 2, 2012 July 23, 2012 Joint Powers Board Meeting @ 6:30 P.M. 10. ADJOURNMENT Motion by Hendrickson, seconded by Sorensen, to adjourn the meeting at 9:02 p.m. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTION DECLARED CARRIED. Respectfully submitted, -I - �'/ Kimberly A. son, City Clerk M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 07 02 2012.doc Meeting Date: July 2, 2012