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2012-09-17 CC MinutesA,lbertville Small Town Living. 819 GW Ufa. ALBERTVILLE CITY COUNCIL Monday, September 17, 2012 APPROVED MINUTES ALBERTVILLE CITY HALL 7:04 PM 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE Deputy Mayor Vetsch called the regular City Council meeting to order at 7:04 p.m. 2. ROLL CALL Present: Council members Jillian Hendrickson, Larry Sorensen, John Vetsch and Dan Wagner. Mayor Meehan arrived at 7:07 p.m. Absent: None Others Present: Interim City Administrator Robert Thistle, Finance Director Tina Lannes, City Engineer/Public Works Director Adam Nafstad, City Clerk Kimberly Olson, City Planner Alan Brixius, City Attorney Michael Couri, Laurie Daniels, Peter Wagener, Rob Olson, John Darkenwald, Debbie Buhrz, Amber Buckingham, and Samara Postuma. 3. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS A. Women of Today Proclamation Vetsch presented the proclamation to the Women of Today. B. Certificate of Appreciation for Amber Buckingham Meehan presented the certificate to Ms. Buckingham. Sorensen thanked Buckingham for spreading the awareness and benefits of CPR training. 4. CITIZENS OPEN FORUM There was no one present. City of Albertville City Council Minutes September 17, 2012 5. APPROVAL OF THE AGENDA Page 2 of 9 Motioned by Sorensen, seconded by Hendrickson, to approve the agenda. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED 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 August 28, 2012 special City Council meeting minutes as presented B. Approve the September 4, 2012 regular City Council meeting minutes as presented C. Authorize the Monday, September 17, 2012 payment of claims that include electronic payments 1371 EFT - 1382 EFT and check numbers 31299 to31335 as presented D. Approve One Day 3.2% Malt Liquor License for St. Albert's Catholic Church for their parish festival on October 14, 2012 and allow closure of Lander Ave between the hours of 6:00 a.m. to 6:00 p.m. E. Approve the Memorandum of Understanding between Wright County and the City of Albertville to purchase Sand/Salt for the 2012-2013 Snow and Ice Removal Season F. Accept the draft Ice Arena Board Meeting Minutes of September 10, 2012 Motion by Vetsch, seconded by Sorensen, to accept the consent agenda. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. Planning/Zoning 1). Wagener Storage Brixius reported Council had asked staff to come back with options for recreational vehicle storage on the Wagener property. He reported the options are to change the City Code, allow a variance, rear yard storage, or have offsite storage. City of Albertville City Council Minutes September 17, 2012 Page 3 of 9 Brixius reported a City Code change would define new standards for all residential lots within Albertville. The current City Code does not have stipulations on size or screening of recreational vehicles, a property owner may have up to two and they may be located on the side or rear yard. A variance requires harmony with the general purposes and intent of the City Code. A variance can be issued when there are practical difficulties unique to the property. It would be site specific. Sorensen asked if permission from the neighbors is always needed with a variance. Brixius replied it is not. The Council felt the rear yard storage was not favorable and Brixius stated that Council may want to address that in future. Staff is looking for direction from Council and Brixius stated staff will try to afford as much protection for the City in all options. Sorensen inquired how much a variance will cost. Brixius replied there is a fee of $300 with a $650 escrow. Vetsch inquired if they could reduce the amount. Brixius stated the Council has the right to do so and the cost will be eaten by the City. Wagner felt that staff has already spent hours on this and he felt the owner should pay for it he wants to pursue a variance. Peter Wagener stated other corner lots are in a similar position. He felt the variance would be okay, but it is costly. He stated most residents are just treading water or under water with the way the economy is. Hendrickson asked if they could limit additional storage on the property. Brixius replied it could be written into the conditions of the variance. Couri stated a motion is not needed but staff needs direction to move forward. He stated that a variance would require publishing notice in the paper and holding public hearings. Hendrickson stated that she is not in favor of changing the ordinance as it is already liberal. Wagner agreed and said he would consider a variance. However, he felt that if a resident has the wherewithal to purchase such a vehicle, they would have the wherewithal to store the vehicle. Sorensen agreed with both. Vetsch would like to see the costs held to a minimum and the Council must remember they work for the residents. Brixius stated that they would only charge for the time it takes them to work on the variance process. Wagner stated that staff has already put in a lot of time. Meehan asked if they need to set the cost of the variance now. Couri explained the options they had for collecting the money. Brixius stated when they determined the variance fees they were pretty accurate for the amount of consultant time generally spent. Meehan asked if the fee was discounted now, if it would have to be discounted in future requests. Couri replied that it would not City of Albertville City Council Minutes September 17, 2012 Page 4 of 9 apply to future requests and Council may set the fees as they see fit or case by case. Meehan felt they should move forward with the variance. Nafstad clarified what the fee and escrow costs cover and recommended collecting the entire fee upfront and determining any reimbursements later. Council directed staff to move forward with the variance process. 2). 152 Club Outdoor Music Events Brixius reported the 152 Club is requesting approval for outdoor music on September 29 from 3:00 to 8:00 p.m. for a wedding and October 13 from 3:00 to 7:00 p.m. and 8:00 p.m. to midnight for Oktoberfest. Brixius outlined the conditions the applicant must meet. Brixius stated that if there are complaints the Sheriff s Office will have the authority to ask them to reduce the music. Brixius stated that they have complied with all other requirements. Motioned by Sorensen, seconded by Hendrickson, to adopt Resolution No. 2012-038 approving outdoor music events at 152 Club for the dates of September 29 and October 13, 2012. Ayes: Meehan, Hendrickson, Sorensen, Wagner and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. B. City Council 1). Joint Powers Water Board Report Vetsch reported the water tower will not have a logo on it. Hendrickson asked if it will be revisited. Wagner replied it would be looked at when the tower is in need of paint again. 2). Personnel Committee Report — City Administrator/City Engineer/Public Works Director Position Couri highlighted the details of the contract: • Adam will serve at the pleasure of the City Council, meaning he can be dismissed by the City Council for any legal reason. The disciplinary and termination provisions of the City's personnel policy do not apply to this position. City of Albertville Page 5 of 9 City Council Minutes September 17, 2012 • Compensation is proposed to be $103,784.00; Adam will serve as a salaried employee. • Adam will have the same health and life insurance coverage as other City employees. • Adam will have the option of receiving mileage reimbursement in the amount of $100 every two weeks or at the IRS reimbursement rate. Adam will have to choose one or the other method. • Adam will have use of a City cell phone. • Adam will accrue vacation and sick leave at the rate contained in the City's personnel policy, beginning with 19 days of vacation per year. • The City will cover Adam's professional development costs in a number of organizations. • If the City fires Adam, it will pay 6 months severance (the maximum allowed by law) if the City gives Adam no notice. Severance will be reduced by the amount of notice Adam is given prior to his termination. For example, if Adam is given four months notice prior to termination, he would receive only two months of severance. • If the City splits the Combined City Administrator position back into City Administrator and City Engineer/Public Works Director, the City would not pay severance if it offered either position to Adam at his current City Engineer salary, adjusted for COLA increases. • Bob Thistle will remain the Interim City Administrator through December 31, 2012 and will assist Adam in transitioning into the City Administrator position. The Agreement is effective and binding on both parties on the day it is signed, with Adam assuming the combined City Administrator position on January 1, 2013. Meehan inquired about the cost of living increases. Couri replied that Nafstad would get the median cost of living of all employees unless Council makes a motion otherwise. Court explained they may not pay a bonus but can provide compensation if incentives are met. Thistle stated there are no steps in the contract. Couri reported annual reviews are written in the contract. There was discussion from the Personnel Committee on the timing and tools used for reviews and they may want them more frequently. Meehan inquired about termination for refusal to carry out directives. Couri said the contract is written that it requires to two violations before termination. Thistle stated that directives should be in motion form. Sorensen clarified it must be the direction of the whole Council, not just one person. Couri reviewed the professional development area of the contract noting the organizations that Nafstad would be involved with and that he may attend one national conference per year. Thistle stated the expectation would be that he City of Albertville City Council Minutes September 17, 2012 Page 6 of 9 would rotate the type of conference each year i.e. one year attend the engineer's conference and the next the administrator's conference. Thistle reported he had reviewed compensation for several cities as well as City of St. Michael and this is slightly below that. Hendrickson stated that it would be a ten percent raise above his current pay with cost of living adjustments. Thistle reported on the work he and Springsted LLC did for the job description. Motion by Vetsch, seconded by Hendrickson, to approve the City Administrator/City Engineer/Public Works Director Agreement with Adam Nafstad. Ayes: Meehan, Hendrickson, and Vetsch. Nays: Sorensen and Wagner. Absent. None. MOTIONDECLARED CARRIED. Motion by Vetsch, seconded by Hendrickson, to approve the City Administrator/City Engineer/Public Works Director job description. Wagner felt the job description was too much for one person. Meehan asked if Nafstad was comfortable with the contract. Nafstad replied he is comfortable with the language in the contract. He agreed there is a significant amount of work and he feels the resources and staff the City has will help him do the job. Ayes: Meehan, Hendrickson, Sorensen and Vetsch. Nays: Wagner. Absent. - None MOTIONDECLARED CARRIED. Motion by Hendrickson, seconded by Vetsch, to approve the City Administrator/City Engineer/Public Works Director salary range between $94,656 and $108,064. Hendrickson stated that it was very important to her that Nafstad was comfortable with the pay. Ayes: Meehan, Hendrickson, Sorensen and Vetsch. Nays: Wagner. Absent. None. MOTIONDECLARD CARRIED. C. Legal 1). Darkenwald Confidentiality Agreement Couri reported Darkenwald Holdings, Ltd has a develop plan for property north of I-94 and requests the City enter into a confidentiality agreement to help protect proprietary materials. He stated when the project gets to the point where City approval is needed, information provided to the City would be public. City of Albertville City Council Minutes September 17, 2012 Page 7 of 9 Vetsch had concerns about approving something without seeing the whole of the project. Couri stated that they do not know what the Darkenwalds will be submitting. Couri replied the agreement does not force the Council to approve anything and the Council may deny any phase they choose. Couri discussed how the City works with the information and what information can be released. Motion by Hendrickson, seconded by Sorensen, to approve the agreement to keep selected business information confidential with Darkenwald Holdings, Ltd. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. D. City Engineer/Public Works Director 1). Building Inspection Contract Nafstad stated the contract outlines the services the City of St. Michael will perform for the City. The costs for these services are determined by a formula based on population and property value. Costs for the 2013 have been included in the proposed budget. He stated they have been receiving a high quality of service from St. Michael and it is a benefit to the residents that they will have full time coverage five days a week. Meehan inquired if and when the City can get out the contract if they choose to do so. Nafstad replied that either city can terminate the contract with notice. Sorensen asked if St. Michael added personnel would the cost be automatically passed down to Albertville. Nafstad stated that if the happened, the contract would have to be re -negotiated. Nafstad stated that Albertville has a few ordinances that St. Michael does not that are time consuming. Nafstad stated the contract also allows for payment of services utilized in 2012. Nafstad stated the formula for reimbursement will be reviewed every year. Motion by Sorensen, seconded by Hendrickson, to approve the cooperative agreement for building services with City of St. Michael. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. City of Albertville Page 8 of 9 City Council Minutes September 17, 2012 2). Set Public Hearing Date for I-94 Assessments Nafstad reported the assessment has not changed. He stated the assessments are based on the appraiser's findings. Couri stated that for assessments appraisers don't look at the current use of the property but the highest and best of use of the land. He stated that they must use the appraiser's analysis if it anything goes to court. Meehan asked if the assessments must be paid off if land sells. Couri stated that the assessments stay with the property; however, financial institutions will usually require the assessments to be paid off Motion by Sorensen, seconded by Hendrickson, to adopt Resolution 2012-039 calling for a hearing on proposed assessment W.B. T.H. I-94 C-D Road. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. 3). I-94 Update Nafstad stated the project is going well. He is optimistic about the finish date in November even though the developer is allowed additional time due to rain. E. Finance -None F. City Clerk - None Hendrickson stated that City Clerk Olson has been working hard on the website and thanked her. Sorensen felt it will be a big improvement. G. Administration - None 9. ANNOUNCEMENTS and/or UPCOMING MEETINGS September 24 Joint Powers Water Board Meeting, 6:30 p.m. October 1 City Council Meeting, 7:00 p.m. October 8 STMA Ice Arena Board Meeting, 6:00 p.m. October 9 Planning and Zoning Commission Meeting, 7:00 p.m. October 15 City Council Meeting, 7:00 p.m. October 22 Joint Powers Board Meeting, 6:00 p.m. October 29 Legislative Forum — School Fiscal Disparities, TBD 10. ADJOURNMENT City of Albertville City Council Minutes September 17, 2012 Page 9 of 9 Motion by Hendrickson, seconded by Sorensen, to adjourn the meeting at 9:05 p.m. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent. None. MOTION DECLARED CARRIED. Respectfully submitted, J �! Kimberly. . Olson, City Clerk