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2012-11-07 CC MinutesAIbcrtvillc Small Town UvIng. 019 City We. ALBERTVILLE CITY COUNCIL TUESDAY, November 7, 2012 APPROVED MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE Deputy Mayor Vetsch called the regular City Council meeting to order at 7:02 p.m. 2. ROLL CALL Present: Council members Jillian Hendrickson, Larry Sorensen, John Vetsch and Dan Wagner. Mayor Mark Meehan arrived at 7:05 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, Fire Chief Tate Mills, City Planner Alan Brixius, City Attorney Michael Couri, Rob Olson, Rita and Tom Fay, and Samara Postuma. 3. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS - None 4. CITIZENS OPEN FORUM There was no one present to speak. 5. APPROVAL OF THE AGENDA Olson added an election update to the agenda. Motioned by Hendrickson, seconded by Sorensen, to approve the amended agenda. Ayes: Vetsch, Hendrickson, Sorensen, and Wagner. Nays: None. Absent. Meehan. MOTION DECLARED CARRIED. City of Albertville City Council Minutes November 7, 2012 6. CONSENT AGENDA Page 2 of 7 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 15, 2012 regular City Council meeting minutes as presented B. Accept the October 15, 2012 workshop City Council meeting minutes as presented C. Authorize the Monday, October 15, 2012 payment of claims that includes electronic payments 1497 EFT - 1510 EFT and check numbers 31440 to 31488 as presented D. Approve I-94 Project Payment to Eureka Construction for $695,624.70 E. Approve Closure of City Offices at Noon on Christmas Eve, Monday, December 24, 2012 F. Approve Release of Claims Agreement between the City of Albertville and Larry Kruse Motioned by Sorensen, seconded by Hendrickson, to accept the consent agenda. Ayes: Vetsch, Hendrickson, Sorensen, and Wagner. Nays: None. Absent. Meehan. MOTIONDECLARED CARRIED. 7. PUBLIC HEARINGS - None 8. DEPARTMENT BUSINESS A. Finance 1). Issuance and Sale of General Obligation Sewer Revenue Crossover Refunding Bonds, 2013A $2,510,000 Paul Donna from Northland Securities was present at the meeting. Donna reported that municipal interest rates are at historically low levels once again and locking in low fixed rates in advance of the call date will significantly reduce the City's future interest costs. They are not extending or shortening the debt. They would replace the old interest rates of the 2005A bonds with new rates. The savings would roughly be $190,000. They would take proposals in mid December and bring them forward at the December 17, 2012 Council meeting. Motioned by Vetsch, seconded by Sorensen, to adopt Resolution No. 2012-044 entitled a Resolution approving the issuance and sale of General Obligation Sewer Revenue Crossover Refunding Bonds, Series 2013A. Ayes: Meehan, City of Albertville City Council Minutes November 7, 2012 Page 3 of 7 Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent. None. MOTION DECLARED CARRIED. 2). Delinquent Utility and Account Assessments Lannes reported it is that time of year again to assess for delinquent utility and invoicing accounts. Meehan opened the floor to the public for comment. No one was present to speak. Meehan closed the floor for comment. Lannes reported that delinquent accounts can pay off their balance until November 15, but after that date they will be certified to Wright County. Motioned by Sorensen, seconded by Hendrickson, to approve Resolution No. 2012-045 entitled a Resolution Certifying the 2012 Uncollected Utility Bills and invoices to Wright County for Collection with Real Estate Taxes. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent. None. MOTIONDECLARED CARRIED. 3). Recycling Update Lannes reported that 83-90% of the households are recycling. She stated they were in the 901h percentile last year but have averaged about 82% this year. This is due to the peaks and valleys around the holiday season. B. Administration 1). Addition of Three (3) Reserve Firefighters Chief Mills reported they are seeking an additional three (3) reserve firefighters for the department. He stated that they have lost firefighters to other job openings in other communities and it has been difficult to keep the positions filled. He stated that a committee met to address the issue and they came up with a reserve firefighter program. It entails bringing up to three (3) people on board as reserves. They would not be paid but would be trained to the level needed to respond to fires and be covered by the City's insurance. They would be required to sign a volunteer form the City Attorney has drawn up. Should an opening occur for a paid on call firefighter position, the department could choose from the reserves a replacement that is ready immediately to fill the position. It would not be based on seniority, but on performance. City of Albertville City Council Minutes November 7, 2012 Page 4 of 7 Mills stated that they have the equipment, gear and housing for the reserves. The only cost would be training and they have been fortunate to have their training costs reimbursed by the State and he expects that to continue in 2013. Meehan inquired if they would receive firefighter retirement benefits. Mills replied they would not unless they were brought on as a paid on call firefighter. Motioned by Hendrickson, seconded by Sorensen, to authorize the Albertville Fire Chief to hire and maintain on staff three (3) reserve firefighters as volunteers and to make one or more of these firefighters employed firefighters as vacancies in the force occur. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent. None. MOTIONDECL,4RED CARRIED. C. Planning/Zoning 1). Lions Club Caboose Donation Request Nafstad reported that the Lions Club is seeking approval to find a caboose, renovate it and place it in Central Park. There is a resolution before the Council to authorize the Lions Club to move forward with securing a caboose. Motioned by Sorensen, seconded by Hendrickson, to adopt Resolution 2012- 046 approving a request by the Lions Club to place a donated caboose in Central Park. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent. None. MOTIONDECL,4RED CARRIED. D. Legal 1). I-94 Project Assessment Deferral Couri reported he had drafted a settlement agreement between the City and RJ&S Investments of Albertville for an assessment deferral for a property assessed for the I-94 project. RJ&S Investments owns the property where the beneficial property owner is in her late 90's. Should the property remain in the occupant's name, she would have qualified for an assessment deferral under State Law. However, the property was transferred to RJ&S Investments for estate planning purposes. RJ&S submitted an objection to the assessment and Council directed staff to work on a solution. Couri reported the settlement would defer the assessment payments for the earlier of 1) 10 years, 2) until the passing of Mrs. Kasper or 3) until the property is sold or transferred. The interest would continue to accrue during the deferral period, but would not be paid until the expiration period. Once the deferral ends, the assessment would be spread over 10 years. The agreement will not have an impact on the City in terms of dollars, but it means that the City will put City of Albertville City Council Minutes November 7, 2012 Page 5 of 7 more money up front for the bond payment while gaining more in interest on the back end of the agreement. Sorensen stated this appears to be a good outcome to the concerns expressed by RJ&S Investments. Couri stated they could also prepay the assessment if they wish. Motioned by Sorensen, seconded by Hendrickson, to approve the Settlement of Special Assessment Objection with RJ&S Investments of Albertville. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. 2). Approve 152 Club Assessment Deferral Couri reported the City recently closed on a $10,500 Revolving Fund loan to the 152 Club to cover the costs of installing sprinklers in a building addition to the establishment. This was an acceptable use of Revolving Fund dollars under the City's policy. Instead of putting a second mortgage on the property, the owner agreed to have the loan set up as a special assessment while they make payments on the loan. They have set a payment arrangement where monthly payments would be drawn electronically and if payments are not made, the City can make the assessment active. Couri felt this was a fairly efficient arrangement for both parties. He stated the 152 Club is in agreement with the arrangement and their intent is never to have the assessment become active. Vetsch asked how soon the assessment would be activated if a payment is late. Couri reported that would be up to the City's discretion and it is not outlined in the agreement. The City would be required to notify them of any default and he hoped that staff would be able to communicate with the property owner if and when a payment is missed. He stated that because the assessment will be levied, the City's security is in place. Motioned by Sorensen, seconded by Hendrickson, to approve Resolution 2012- 047 related to the Revolving Loan to the 152 Club. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIER E. Public Works Director/City Engineer 1). I-94 Assessments/City Parcels Nafstad reported on the four (4) City owned parcels that are part of the I-94 assessment process. He stated three (3) are owned by the City and one by STMA School District. They must be assessed just as the other properties are assessed. The amount is $18,716 and staff s recommendation is to pay the assessments up City of Albertville City Council Minutes November 7, 2012 Page 6 of 7 front and not have them certified to the County. They will use project funds to make payment to the County. He stated it is budget neutral to do so. The STMA School District parcel is technically in the ice arena's parcel and it will be easier to pay off the $414 assessment than to work it through all entities involved with the parcel. F. City Council - None G. City Clerk 1). Election Update Olson updated the Council on the statistics from Election Day. She reported they had 3,849 registered voters as of 7:00 a.m. on Election Day and had 3,447 ballots cast at the polls including 743 new registrations. She reported the absentee precinct had 267 accepted absentee ballots cast. The overall voter turnout for the election was about 89%. Meehan congratulated Hendrickson on her election to the Mayor's seat. Couri reviewed the process for filling Hendrickson's Council seat at the beginning of the year once she is sworn in as Mayor. He stated the Council would need a motion or resolution declaring a vacancy on the Council and State Statute allows an appointment to the vacancy by the majority vote of the Council. If there were a tie vote, the Mayor would make the decision. Couri explained the second and third place candidates for the two open Council Member seats have a one vote difference. With such a small difference some assume it is an automatic recount, but that is not the case for municipal elections. However, a candidate can request a recount of right. If the vote difference is less than half of one percent of the total votes, the cost is the City's responsibility and that would be the case here. The City Council serves as the Canvassing Board and once the Board certifies the results of the election, any candidate can submit a written request for a recount. The City Clerk would provide notice of the recount and conduct the recount. The Canvassing Board would then meet again to canvass the results of the recount. Sorensen felt the canvassing was to put the final stamp of approval on the elections results and the process seems a bit backward to him. Court replied that even though a recount will most likely be requested, the canvass meeting is to certify the ballots were counted according to statute and there was nothing irregular in the tabulation of the ballots. He stated that during the recount, candidates may challenge ballots to be disqualified. Those ballots will come back to the Canvassing Board to review and declare whether or not to count the votes. City of Albertville City Council Minutes November 7, 2012 Page 7 of 7 Sorensen asked since he will be the one requesting the recount, if an e-mail is sufficient notice. Couri replied that he, as well as the Secretary of State's Office, would recommend a traditional, written letter requesting the recount. Hendrickson stated that she thought the cost for the recount would be minimal. Lannes reported they would need to pay the hourly rate for election judges and felt the cost would be under $500. Vetsch felt that recounts seemed to take place more quickly than the process outlined this evening. Couri replied they cannot begin a recount before the first canvass board meeting and that must occur three (3) to ten (10) days after the election. A candidate also has up to seven (7) days after the canvass meeting to request a recount. 9. ANNOUNCEMENTS and/or UPCOMING MEETINGS 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. 10. ADJOURN MEETING Motioned by Hendrickson, seconded by Sorensen, to adjourn the meeting at 7:41 p.m. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. Respectfully submitted, KimberjyA. Olson, City Clerk