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2012-10-15 CC Minutesj j1bcrtvi c t ALBERTVILLE CITY COUNCIL Monday, October 15, 2012 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE 7:03 PM Deputy Mayor Vetsch called the regular City Council meeting to order at 7:03 p.m. 2. ROLL CALL Present: Council members Jillian Hendrickson, Larry Sorensen, John Vetsch and Dan Wagner Absent: Mayor Mark Meehan 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, Samara Postuma, Donna and Donald Savitski, Tom and Rita Fay, Tom Nordin, Randy Stangler, Bridget Miller, Robby Rich, Mike Potter, Andrea Bollin, Beatrice Roden, Rob Olson, Don Peterson, Paul Turpin, and EJ Solterman 3. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS 4. CITIZENS OPEN FORUM 5. APPROVAL OF THE AGENDA Vetsch added discussion of signs in the right of way. Motioned by Wagner, seconded by Hendrickson, to approve the agenda. Ayes: Vetsch, Hendrickson, Sorensen, and Wagner. Nays: None. Absent: Meehan. MOTIONDECLARED CARRIED. 6. CONSENT AGENDA City of Albertville City Council Minutes October 15, 2012 Page 2 of 8 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. Accept the October 1, 2012 regular City Council meeting minutes as presented B. Authorize the Monday, October 15, 2012 payment of claims that includes electronic payments 1461 EFT - 1475 EFT and check numbers 31386 to 31428 as presented C. Accept STMA Ice Arena Board Minutes f October 8, 2012 D. Adopt Resolution 2012-041 accepting and acknowledging a $2,000 donation from the Albertville Lions Club to be used in the completion of the Eagle Scout Boardwalk Proj ect E. Adopt Resolution 2012-042 accepting a $200 Refer A Friend donation to the Albertville Fire Department F. Approve a 1 Day Temporary Intoxicating Liquor License application submitted by the Albertville Lions for the Albertville Lions 9th Annual Comedy Night on Saturday, October, 20, 2012 Olson removed the October 1, 2012 regular meeting minutes from the consent agenda. Motioned by Sorensen, seconded by Hendrickson, to accept the consent agenda. Ayes: Vetsch, Hendrickson, Sorensen, and Wagner. Nays: None. Absent: Meehan. MOTIONDECLARED CARRIED. Olson asked for the minutes to be corrected to reflect 9 months of COBRA insurance would be paid in part to Bridget Miller as part of her severance agreement unless covered by another employer. Motioned by Hendrickson, seconded by Sorensen, to approve the change to the October 1, 2012 City Council regular meeting minutes. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent. Meehan. MOTIONDECLARED CARRIED. 7. PUBLIC HEARINGS A. I-94 Special Assessment Public Hearing Nafstad stated the project's purpose is to improve traffic congestion and safety as well as being an economic improvement. He reviewed some of the milestones leading up to the current construction. The estimated cost of the project is $10.8 million. Property assessments will make up $945,196.12 of that amount. Nafstad stated the project is eighty percent complete and they are aiming for a completion date of November 19, 2012. City of Albertville City Council Minutes October 15, 2012 Page 3 of 8 An appraiser calculated the benefit assigned to each property in the assessment area. There are 86 benefiting parcels. The proposed term of the assessments is 10 years with an interest rate of 3.28% and it is consistent with past practice. All properties have been noticed of the assessment. He stated they have reached an agreement with the Outlet Mall for their assessment and have also received some prepaid assessments. Nafstad stated he has received two objections to the assessments to date. The first is from Gerhard Knechtl, PID#101500363200, in the amount of $112,000.00. The appraiser found a benefit of 8% for the property. Staff is not recommending a change in the amount of the assessment The second objection is from Mr. and Mrs. Savitski, PID#101033001011, in the amount of $1,205.70. There is a benefit of 0.3% for the property. The appraiser looks to see if the property is being used in the highest and best capacity. This is generally based on a 6 to 1 ratio of land versus building meaning that if the land value is more than 6 times the building value, the property is not being utilized in the highest and best capacity. In conversation with the Savitski's, it became apparent that the main parcel on which the hardware store is located is dependent on the other lot to meet its parking requirements and perhaps the car wash is the highest and best use. Staff is recommending the parcel instead be assessed at 0.13% benefit thus lowering the assessment to $598.65. Couri explained the assessment process and the steps for appealing an assessment. He stated that the Council may reduce the assessments, but cannot raise the assessments. He explained the requirements for deferral of an assessment. Couri reported the three steps for appealing the assessment are: 1. Objection in writing prior to the close of the public hearing. 2. Within 30 days, the property owner must file a notice of appeal in district court. 3. Within 10 days after filing the notice of appeal, serve notice on the City Clerk Vetsch opened the public hearing. Mrs. Savitski, 6040 Labeaux Ave. NE stated they do understand having to pay their portion of the assessment costs, but she would like their property to be assessed at the same rate of other "like" properties. Tom Fay, 10795 70TH St. NE, requested that the property at 6796 Labeaux Ave. NE have the assessment deferred until the sale of the property. He stated the occupant is an elderly woman with very limited income and the ownership had been transferred to a limited partnership. Couri stated he would need some time to research the request further. He suggested that Fay put an appeal request in writing to preserve their rights moving forward in the process. City of Albertville City Council Minutes October 15, 2012 Page 4 of 8 A representative of Gerhard Knechtl was present to bring information back to Mr. Knechtl who was out of the country. Vetsch suggested he speak with Couri before the end of the evening. Motion by Hendrickson, seconded by Sorensen, to close the public hearing. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTION DECLARED CARRIED. Motion by Hendrickson, seconded by Sorensen, to adopt Resolution 2012-043 for W.B. T.H. 94 C-D Road Assessments and reducing the assessment for PID #101033001011 to $598.65. Ayes: Hendrickson, Sorensen and Wagner. Nays: Vetsch. Absent. Meehan. MOTIONDECLARED CARRIED. Vetsch stated that he would like to see the assessments more evenly distributed and that was the reason for his vote. 8. DEPARTMENT BUSINESS A. City Council 1). STMA Ice Arena Board Update Sorensen stated Youth Hockey will come to Albertville, St. Michael and the School District with a proposal but Youth Hockey would first like to complete a feasibility study for a second sheet of ice. The last feasibility study was done four years ago. Nafstad sated there currently is a proposal on the table and they felt they should get legal opinion on the offer. Couri stated the proposal has four points: • Youth Hockey would donate $200,000 to the Arena Board on bond if they went forward with a second sheet of ice. • Guarantee that if the debt service could not fully fund the operations of the arena, they would cover 25% of the shortfall. • Youth Hockey would have at least one person on the Arena Board with voting rights. • Youth Hockey would get first selection of ice time on the second sheet. Couri suggested they condition the letting of the bids upon arrival of the $200,000. Since Youth Hockey is a private organization, it is only as strong as the individuals that make up the group and there are no financial assets that can be pledged as financial security. He cautioned the Council to see if the second sheet of ice could support itself. He stated the current arena could not support itself and the cities had to forgive the debt. He suggested that if the time comes, Council should have a financial advisor review the proposal. City of Albertville City Council Minutes October 15, 2012 B. Finance Page 5 of 8 The last two points can be easily accomplished. Couri stated that he did not believe the School District and St. Michael have reviewed the proposal and the three entities will have to agree together on any terms. Lannes stated at the end of the Arena Board meeting, the Board and Youth Hockey agreed to split the costs of the feasibility study. The City will also do its own projections as well when it all comes together. 1). Otsego Fire Department Contract Lannes highlighted the differences in the five year contract from the traditional one year contract: • Otsego has requested more participation in the budget process and financial process. The Cities will create a Fire Commission that would consist of two member of each City Council, the Fire Department, City Finance Directors and City Administrators meeting at least twice a year. • One year termination notice. • If fire equipment or buildings are sold, the proceeds are put back in the Fire Department budget. • It will be adding a new district from the Monticello covered portion of Otsego which will increase their budget contribution from 30% to 36%. Lannes stated that if approved tonight, Otsego City Council will approve the contract the following week. Hendrickson asked about fire training. Lannes reported it had been included in the budget during preliminary discussions and approval. Don Peterson, 5597 Lachman Ave. NE, asked about response time if they are in the new district and get a call back in Albertville. Mills reported that response would be similar, about 8-10 minutes. Motion by Sorensen, seconded by Hendrickson, to approve the Five Year Service Contract with the City of Otsego. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent. Meehan. MOTION DECLARED CARRIED. C. City Clerk 1). Website Update City of Albertville City Council Minutes October 15, 2012 Page 6 of 8 Olson reported the website went live on Friday afternoon, October 12. This is Phase I of the website redevelopment. Phase Il will build additional pages and information and Phase III will follow with fillable online forms. Hendrickson thanked staff for the improvements to the site. Sorensen stated all the feedback he has received is positive. D. Public Works Director/City Engineer 1). I-94 Oral Update Nafstad stated the work is progressing well. Concrete work will continue throughout the week. They will be working on restoration and opening signage as well. They are aiming for a November 19 opening before Black Friday. He stated it is an optimistic goal. They underwent an in depth audit with PFA and they have not received any negative feedback. Sorensen inquired when the signals will be put up. Nafstad replied it will occur once the concrete work is done and signals work happens quickly. Sorensen asked about the number of lanes turning each way onto County Rd 19. Nafstad replied it will be two left and one right. The right turn lane can move more traffic with turning available on green, yellow and red lights than the left lanes. Vetsch questioned the lanes since it was to benefit the mall. Wagner stated the improvement was not for the benefit of the mall; it was to improve safety and access. 2). Memorial Park (Jessica Weishair) Nafstad reported there had been a memorial area around the site of the accident and with the construction of the interchange improvements, it was necessary to remove the memorial. Staff, Fire Department representatives and members of the victim's family have worked to create a concept for a new memorial and have also brought in a landscape architect to reflect the likes of Jessica. The site is designed to fit in with the City's vision for future trails. The site includes butterfly gardens and sculptures, sitting areas, patio and a crushed stone path. The location is between the southern tip of Hunter's Lake and the two storm water ponds. Cost of the project would be $11,700. This is for materials only as there is a lot of support for the labor. Additional elements can be provided by non -city sources. Mills reported they had asked for help with this project because there was already an active memorial site that needed to be moved. He felt it would be a benefit to the community and anyone involved with the accident. He stated they would fundraise for the other elements and have support from Pelican Rapids as well as an Eagle Scout to help with labor. Nafstad reported the $1,850 for the grading and aggregate will come out of this year's budget and be completed while the interchange improvements are ongoing. He stated that some discussion resulted City of Albertville City Council Minutes October 15, 2012 Page 7 of 8 out of their committee meeting about the site developing into a citywide memorial park. Vetsch inquired how they would determine if someone in the future would have a memorial park. Mills responded they had the same thoughts and felt it was appropriate to move forward with this one since it was already an active memorial that was being maintained. Sorensen felt his could tie in the parks system. Sorensen stated this may be part of the healing process for some of our firefighters who were involved and he felt it was the right thing to do. Motion by Hendrickson, seconded by Sorensen, to authorize the construction of a memorial park in remembrance of the bus that occurred in the spring of 2008, which is to be located at the northwest quadrant of the 62nd and 63'd St. NEfor an estimated amount of $11,700. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent. Meehan. MOTIONDECLARED CARRIED. E. Planning/Zoning 1). Signs in the Right of Way Vetsch wanted clarification about signs in the right of way. Brixius reported that signs can be placed on any private property. He believed there was no restriction on the setback or the number of signs. Couri stated there is a State Law that overrules the local restrictions for political signs. The only place a sign cannot be place is the right of way and he clarified there are differences in the right of way between City and County. Nafstad stated that generally signs are removed from the right of way on a complaint basis. F. Legal 1). Attorney Update Couri reported they closed on the 152 Club Revolving Loan. The owner wished to reduce the amount from $12,000. It is a five year loan and will be paid by automatic withdrawal a banking account. 2). Bridget Miller Severance Agreement Couri reported there have been some minor changes. Miller did have her attorney review the agreement. Miller wishes to receive the COBRA insurance payments rather than the pay out of sick leave. He reviewed the other items in the agreement. Miller has 15 days from the date of signing the agreement to rescind the agreement. Couri's recommendation is to approve the agreement tonight if it is acceptable and allow Couri to make any final minor changes needed if Miller's attorney has them. City of Albertville City Council Minutes October 15, 2012 Page 8 of 8 Motioned by Hendrickson, seconded by Wagner, to approve the Settlement Agreement and Release of Claims between Bridget Miller and the City of Albertville allowing the City Attorney to make minor changes as needed. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTIONDECLARED CARRIED. G. Administration 1). Oct. 29 Joint Meeting Discussion Topics Thistle reported that if Council would like to add any items to discuss at the meeting to inform Nafstad. 2). Administrative Assistant/Accounting Clerk II Position Lannes reported that she is asking permission to advertise the position of the Administrative Assistant/Accounting Clerk II. She stated the job description will remain the same, but the education requirements will be moved back to their original lever. Motion by Hendrickson, seconded by Wagner, to authorize posting of the Administrative Assistant/Accounting Clerk H position. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTION DECLARED CARRIED. 9. ANNOUNCEMENTS and/or UPCOMING MEETINGS October 29 Joint Albertville - St. Michael City Council Meeting, 6:00 p.m. Legislative Forum with School District, 7:00 p.m. November 6 Election Day, Polls Open 7 a.m. to 8:00 p.m. November 7 City Council Meeting (WED.), 7:00 p.m. November 12 Veteran's Day, City Offices Closed November 13 Ice Arena Board Meeting, 6:00 p.m. City Council Special Mtg. to Canvass Election Results, 6:30 p.m. Planning and Zoning Commission Meeting, 7:00 p.m. 10. ADJOURN MEETING Motioned by Sorensen, seconded by Hendrickson, to adjourn the meeting at 8:46 p.m. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTION DECLARED CARRIED. Respect lly submitted, /Ly `— 411A Kimberly . Olson, City Clerk