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2012-11-19 CC MinutesA,lbertville Town I'. Smoll Uvinq. 81q C ,s Uft. ALBERTVILLE CITY COUNCIL Monday, November 19, 2012 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE 7:00 PM 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 7:12 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, Utilities Superintendent John Middendorf, Water/Wastewater Operator Gerald Gerads, Water/Wastewater Operator Jacob Kreutner, Ron Klecker, Samara Postuma, and Rob Olson 3. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS - None 4. CITIZENS OPEN FORUM There was no one present to speak. 5. APPROVAL OF THE AGENDA Sorensen added Eagle Scout under City Council business. Motioned by Sorensen, seconded by Hendrickson, to approve the amended agenda. Ayes: Vetsch, Hendrickson, Sorensen, and Wagner. Nays: None. Absent. Meehan. 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. Accept the November 7, 2012 regular City Council meeting minutes as presented B. Accept the November 13, 2012 Canvassing Board meeting minutes as presented C. Authorize the Monday, October 15, 2012 payment of claims that includes electronic payments 1521 EFT - 1539 EFT and check numbers 31491 to 31527 as presented D. Accept STMA Ice Arena Board meeting minutes of November 13, 2012 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). Approve 2012 Certification of Uncollected Utility Bills - Additions Lannes reported these additions are those accounts that had set up a payment plan, but have not followed through with the plan. The floor was opened for public comment. There was no one present to speak. Motioned by Hendrickson, seconded by Wagner, to Adopt Resolution 2012- 050 Certifying the 2012 Uncollected Utility Bills to Wright County for Collection with Real Estate Taxes. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTIONDECLARED CARRIED. 2). 1986 Assessment on Parcel Related to 5491 Main Ave NE Lannes reported in 1986 there was a street and stormwater improvement put in along Main Ave. NE. The property at 5491 Main Ave. NE consisted of two parcels; one for the home and one for the driveway. The owners at that time had requested the assessment for the improvements be put on the driveway parcel The assessment was deferred for five (5) years with the understanding the parcels would be combined and the assessment paid when those five (5) years were up. The original amount of the assessment was approximately $8,500 with 8% interest. The assessment was never collected and currently is about $23,000. City Council Meeting Minutes Page 2 Regular Meeting of November 19, 2012 Since taxes and assessments have not been paid on the driveway parcel, it is owned by the State of Minnesota due to tax forfeit. The house has switched hands several times in the last decade and the current owner, Scott Euerle, is trying to sell the property contract for deed. He was informed of the assessment at the County offices in August. He has since filed a claim with the title company, but they have denied the claim. Mr. Euerle is seeking some type of relief from the assessment. Euerle stated when he did a title search for the buyers, that is when he found out about the assessment. Couri provided a sketch of the parcels and he stated the two parcels were never combined. Thistle stated there are several options the Council has: 1) assess the full amount, 2) write off the assessment or 3) ask the owner to pay a portion of the original assessment. He stated the bonds have already been paid in full. If the Council chooses to write off the assessment, they would still need to clear the property record and it would result in no cost to the City. Vetsch would like to see the original assessment covered, but didn't feel the interest was necessary. Wagner inquired when the building permit was taken out for the garage and if it should have been caught then. Couri replied that surveys are not required for all permits and the City cannot guarantee the landowner is complying with the law. Sorensen stated that many owners do not obtain surveys when purchasing homes. Euerle stated he was given the impression he was purchasing one parcel and he trusted his realtor. Meehan stated that this should have been caught on several occasions and he felt they should waive the assessment. He didn't feel the owner should be responsible for the assessment. Motioned by Hendrickson, seconded by Sorensen, to waive the assessment on the parcel located at 5941 Main Ave. NE. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. B. City Clerk 1). Canvass Recount Results Olson reported the recount was held on November 15, 2012 at Wright County offices. Both candidates were present and reviewed every ballot with a team of election judges. The result was 1,116 votes cast for each candidate. There is one challenged ballot by candidate Barthel and the ballot has a mark inside the oval City Council Meeting Minutes Page 3 Regular Meeting of November 19, 2012 next to candidate Sorensen's name. The City Council acting as the Canvassing Board must make a determination if that ballot is a valid vote for Sorensen. Couri reported that if the Board voted in favor of the mark for Sorensen that would put him up to 1,117 votes and it would decide the election. If the Board determines the mark is not for Sorensen, the count would remain tied and would need to be determined by lot, meaning a coin toss. Couri stated the Secretary of State's Office provides some guidance as well as Minnesota Statute 204C on voter intent. However, most of the language refers to ballots marked with an "X" and don't address the situation at hand. However, there are some areas that do apply that the Council must consider: 1) Determine voter intent based on and Statute says a vote should not be disqualified for a technicality. 2) The determination must be based on only the face of the ballot; no other information can be used 3) A vote cannot be disqualified if a voter uses two different marks on the ballot Couri reviewed three possible determinations that could be made: 1) the mark is a stray mark and is not intended for Sorensen 2) the mark is a conscious effort on the part of the to vote for Sorensen or 3) the mark was intended for Sorensen but the voter changed their mind. Couri stated that they must determine whether the mark is for Sorensen. Sorensen would have a conflict of interest in this motion and should abstain from voting. However, he may vote on the canvass resolution once they have a result. This resolution would be passed just as in any other election. Once the results are canvassed by the Board, any voter may contest the election in District Court. Olson opened the sealed envelope with the ballot and showed it the Board. Couri stated the challenger has the right to address the Board. Barthel felt they were very fair in the recount process. He felt it was a stray mark that was not intended for Sorensen. He stated only the federal offices were voted for and no local offices were voted upon. Sorensen replied that he felt it was a vote for him because the mark was completely within the oval. He felt it was more than an incidental, random mark and shows some back and forth motion with the pen mark. He felt not only would a vote be taken away from a candidate, but also the voter, if the mark is not counted. Hendrickson and Wagner felt it was a vote for Sorensen. Vetsch and Meehan felt the marks were inconsistent. Sorensen stated they will never know for sure why the mark was made the way it was, but there is still a mark in the oval. City Council Meeting Minutes Page 4 Regular Meeting of November 19, 2012 Barthel felt this ballot stuck out among the many they had seen during the recount. Motioned by Hendrickson, seconded by Wagner, to count the mark as a vote for Sorensen. Ayes: Hendrickson and Wagner. Nays: Meehan and Vetsch. Abstained: Sorensen. MOTION FAILED. Meehan felt they instructions were clear at the top of the ballot. Couri stated that because they cannot come to a conclusion on the challenged ballot, the count would remain a tie and a coin flip will be needed to determine the winner. He suggested the Mayor assign heads or tails and the City Clerk should flip the coin. Couri explained that because they could not determine voter intent by a majority vote, the ballot cannot be counted for Sorensen. Even though the election judges determined it a vote for Sorensen, it comes to the Board for determination because that vote was challenged by the other candidate. Couri explained that he had spoken at length with the Secretary of State's Office about many different scenarios. Sorensen asked how he could contest the decision of the Board. Couri explained they would need to proceed with the coin flip to determine the name to be included in the canvassing resolution. Once that resolution is passed certifying the findings, then anyone can contest the outcome in court. Couri explained that the manual recount is the official count because every ballot is looked at. Olson explained how the votes could be different and how some of the ballots were filled out resulting in a slight change in vote totals. Wagner asked what would happen if the Board cannot come to a conclusion on certifying the results. Couri stated the Secretary of State's Office suggested they pass something, because that is what would be contested by a voter or candidate. If the Board does not certify the results, it would fall to the court to make a determination. Hendrickson asked if there was a legal reason why Sorensen should abstain from voting on the ballot. Couri explained that case law looks at several factors in whether a Council member can vote when there is a conflict of interest on their behalf and one of those factors is the necessity of taking action. Since there was a 2-2 vote that would weigh in Sorensen's favor to cast a fifth voter. However, Couri stated that the Minnesota Constitution stated that Councils are elected by the voters and should not vote themselves into office. He stated that it would taint the public's perception if he were to vote on the ballot and essentially vote himself into office. Couri felt more harm would come of it than good. Sorensen agreed he did not want to vote on the ballot. Meehan assigned Sorensen heads and Barthel tails in the coin toss. Olson flipped the coin and heads was revealed. Olson invited both candidates to view the coin. City Council Meeting Minutes Page 5 Regular Meeting of November 19, 2012 Motioned by Vetsch, seconded by Hendrickson, to adopt Resolution 2012-049 as amended certifying the results of the recount of the November 6, 2012 General Election. Ayes: Meehan, Hendrickson, Vetsch and Wagner. Nays: None. Abstain: Sorensen. MOTION DECLARED CARRIED. C. Legal 1). Water Shut Off Notice Fee Ordinance Amendment Couri reported the ordinance before the Council is aimed to help correct a situation that occurs frequently with utility billing. A number of residents each billing cycle do not pay their bill until the City has taken all measures possible to notify them their water will be shut off. This includes mailing out letters and placing door hangers at the residences. These customers will then pay the bill right before the valve is turned to shut the water off. He reported that it takes a fair amount of City staff time to take these steps and this ordinance allows the City to apply a $20 late payment charge if the City must go to the residence to place a door hanger. This would not apply to first time delinquent accounts, but to those that have been delinquent before in the last 12 months. The fee would not be incurred if the water is shut off as there is a $35 shut off and turn on fee. Lannes reported there are about 20 accounts that habitually go through the process and then are paid in full. She stated that it is not an inability to pay but of willingness to pay before the last minute. Meehan asked if staff had looked at requiring a deposit. Lannes replied they had and she felt they would be chasing after them just as much. She has gotten a few to sign up for automatic payments. Wagner felt a $20 fee is not going to be much of a deterrent, but he didn't feel a higher amount would work either. Lannes agreed, but felt they at least recoup the cost of sending out the Public Works staff for door hangers. Motioned by Wagner, seconded by Hendrickson, to adopt Ordinance 2012-003 entitled an Ordinance Establishing a Fee for Notice of Shutoff of Water Service. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. City Council Meeting Minutes Page 6 Regular Meeting of November 19, 2012 2). Attorney Update Couri reported there was one appeal with the I-94 assessments. It was for the Gerhard Knechtl property for $112,240. There are three parts to an assessment appeal: 1) the written objection which the City did receive 2) notice of appeal which was served on the City and 3) filed with District Court. He stated he would work with Knechtl's attorney to reach an agreement and the court would refer the parties to mediation if they could not reach an agreement. These cases generally take a year or so to resolve. Should it go to trial, it would be a bench trial with a judge and not a jury trial. Couri reported that it is a pretty straight situation because the property in question had been appraised by the City's appraiser. Couri reported he will bring Council information as he receives, but they must now wait for it to go through the process. Hendrickson asked about the costs of mediation. Couri reported they are usually fairly small. D. Public Works Director/City Engineer 1). Jet -Vac Sewer Truck Purchase Middendorf gave a presentation on the current truck and the needs for a new truck. He explained the current truck is a jet truck only with no vac and is a dual engine. He stated that if anything were to break with the truck, it would hardly be worth it to fix. He stated they are manually cleaning out the sewers of debris and it is a safety concern. Middendorf stated their goal is to prevent sewer backups into homes and keep insurance rates low. They work on one third of the city each year. Middendorf stated a new truck would save time and improve safety and will also have other uses such as cleaning out lift stations, storm sewers, assisting in water main breaks and hydro -excavating. He has researched and priced out vehicles. Hendrickson stated she is in favor of choosing the low bid, but inquired if it included all the options that staff needed. Middendorf explained the price difference in the trucks and felt the low bid did suit their needs. Meehan asked if there would be the ability to leave the jet or a portion of the truck at a job site. Middendorf stated that there are some that do have detachable trailers, but they are more expensive. City Council Meeting Minutes Page 7 Regular Meeting of November 19, 2012 Vetsch asked if shared services with other cities are possible. Middendorf explained they do already share one truck and by the time Albertville can use the truck, it is usually late in the season. Nafstad said the cost of long term leases are not cost effective. Nafstad credited the water and wastewater staff in their work in researching the vehicles. Nafstad said his biggest concern is safety and the manual cleaning in the manholes needs to end. The current truck has exceeded its useful life and has indicated some failure in the water pump. The new truck would be a twenty five year capital investment. The truck is essentially the first responder vehicle for the water and wastewater department. The City will become an MS4 city next year and will have some new requirements. Middendorf will be able to get the truck for the 2012 price, which is significantly less than what the 2013 price will be. Lannes explained the funds for the truck were put specifically into capital reserves for the water and wastewater department. Sorensen stated that both he and Vetsch sit on the Public Works Committee and were supportive of staff s selection. Motioned by Vetsch, seconded by Sorensen, to authorize the purchase of a combination jet -vac sewer truck in the amount not to exceed $330,000. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent. None. MOTIONDECLARED CARRIED. 2). I-94 Update Nafstad reported the project is open now and they have received a lot of favorable responses. Right-of-way fencing, restoration, and signal revisions are still to come. Nafstad stated there was no formal ribbon cutting ceremony and he would like to put on an appreciation event for those who supported the project. Meehan thought it was a good idea. Meehan commended Nafstad for his work in the project. Nafstad suggested holding the appreciation event on Wednesday, December 12 sometime in the afternoon. He will work on the invitation list. E. City Council 1). Eagle Scout Sorensen would like to recognize Mitchell Gerads at an upcoming City Council meeting for reaching Eagle Scout. City Council Meeting Minutes Page 8 Regular Meeting of November 19, 2012 Gerads stated that Boy Scout Troop #547 has donated the wreath out in the front of the City Hall building. F. Administration -None G. Planning/Zoning -None 9. ANNOUNCEMENTS and/or UPCOMING MEETINGS November 26 Joint Powers Water Board, 6:30 p.m. December 3 Truth -In -Taxation Hearing, 6:00 p.m. City Council, 7:00 p.m. December 10 STMA Ice Arena Board, 6:00 p.m. December 11 Planning and Zoning Commission, 7:00 p.m. December 17 City Council Meeting, 7:00 p.m. 10. ADJOURN MEETING Motioned by Sorensen, seconded by Hendrickson, to adjourn the meeting at 8:53 p.m. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly A. lson, City Clerk City Council Meeting Minutes Page 9 Regular Meeting of November 19, 2012