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2013-11-18 CC MinutesNbertville ALBERTVILLE CITY COUNCIL Monday, November 18, 2013 ADOPTED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:05 p.m. 2. ROLL CALL 7:00 PM Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch, and Wagner Absent: None Others Present: City Administrator -PWD Adam Nafstad, City Attorney Michael Couri, City Planner Alan Brixius, City Clerk Kimberly Olson, and Leighann Bethke 3. RECOGNITIONS, PRESENTATIONS, INTRODUCTIONS Representative Fitzsimmons was present at the meeting to discuss the Corridors of Commerce funding recently announced for a six -lane expansion from Highway 101 in Rogers to Highway 241 in St. Michael. He thanked City Council and staff for their support in the I -94 Coalition. He stated it took a large effort from many communities to make this project happen. He stated this is a very big step forward for future expansion of I -94. He stated the project should be completed by fall of 2015. 4. PUBLIC FORUM There was no one present to speak at the public forum. 5. APPROVAL OF THE AGENDA Clerk Olson added Truth in Taxation Hearing as B3. Nafstad added Niemeyer Trailer Sales as El under Finance. He also added Consultant and Administrator Reviews as H3 under Administration. Motioned by Sorensen, seconded by Hendrickson, to approve the agenda as amended Ayes: Hendrickson, Olson, Sorensen, Peach, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 6. CONSENT AGENDA Page 1 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 November 4, 2013 regular City Council meeting minutes as presented B. Authorize the Monday, November 18, 2013 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request C. Approve Resolution No. 2013 -041 declaring City Observed Holidays D. Approve the STMA Youth Hockey Association's Lawful Gambling Exempt Permit Application to hold a raffle on March 22, 2014 at the STMA Ice Arena E. Approve Agreement Establishing Regional Safety Group and Exhibit I of the agreement titled "Resolution No. 2013 -042 Authorizing New Member in Regional Safety Group" Motioned by Sorensen, seconded by Olson, to approve the consent agenda as presented Ayes: Hendrickson, Olson, Sorensen, Peach, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 7. PUBLIC HEARING — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Arena, Planning, Parks, Fire Board, JPWB, etc) There were no updates. B. City Clerk 1). 5502 Kali Avenue NE Olson reported that the property has had several code compliance issues and received three administrative fines when compliance was not met by the deadlines outlined in the Code Enforcement Policy. She stated there is only one issue that is currently outstanding at this time and the property has requested the administrative fines not be assessed to the property. Leighann Bethke, 5502 Kali Avenue NE, stated that she has corrected the other issues, but that for the last item remaining she requires assistance to move the shed away from the property line. She stated that she tried to comply with the codes, but could not meet the set deadlines. Wagner stated that he felt the policy is working if the other violations have been corrected. Hendrickson stated she would be in favor of waiving the administrative fines if the shed could be moved within a two week period. Wagner agreed. City Council Meeting Minutes Page 2 Regular Meeting of November 18. 2013 Hendrickson stated that she was glad Ms. Bethke took the time to speak to Council and inform them of her situation. Hendrickson asked Couri how the fines could be waived. Couri stated the first two fines could be waived and suggested the third fine that involves the shed be waived if the shed is moved by a certain time frame. If it is not, that administrative fine could be put on the 2015 payable tax roll. Sorensen stated the policy seems to be working if corrections have been resolved. Motioned by Wagner, seconded by Hendrickson, to exclude the administrative fines of $603.34 from the delinquent certification list to Wright County with the condition that an administrative fine be reinstated to the 201 S payable taxes if there is a reoccurrence of the violation with the shed. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent. None. MOTION DECLARED CARRIED. 2). 2014 City Council Official Meeting Dates Clerk Olson reported the November 4, 2014 General Election falls the day after the first Council meeting in November. She stated in years past they have moved the meeting due to room set up or canvassing deadlines. She stated the meeting could be moved to a different date or a different room. She stated that the election results must be canvassed between November 7 and November 14 and recommended the regular meeting be moved to Monday, November 10, 2014 to accommodate both the regular meeting and the canvassing requirements. Hendrickson inquired if they could still meet on November 3 if the room was set up for elections and Clerk Olson replied they certainly could. Wagner suggested keeping the regularly scheduled meeting on November 3, 2014 and holding a special meeting on Monday, November 10, 2014 after the STMA Ice Arena Board meeting to canvass the election results. Motioned by Wagner, seconded by Hendrickson, to approve Resolution No. 2013- 43 Establishing the 2014 City Council Regular Meeting Dates. Ayes: Hendrickson, Olson, Sorensen, Yetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Clerk Olson stated she would update the Official City Meeting Calendar for 2014. 3). Truth in Taxation Hearing Clerk Olson reminded the Council that the Truth in Taxation hearing will be held on December 2, 2013 at 6:00 p.m. C. Public Works and Engineering 1). 54th Street NE and Barthel Industrial Drive NE Drainage Improvements Nafstad reported he has received a proposal from Bolton & Menk, Inc. for preliminary and final design for the improvement project. They will review the 2008 study and City Council Meeting Minutes Page 3 Regular Meeting of November 18. 2013 offer improvement options for the intersection. Sorensen inquired if they will review the number and size of pipes needed. Nafstad stated that would be included and the goal is to reduce the flooding frequency. Vetsch asked if the proposal would look at the flooding that occurred at 57th Street NE and Lander Avenue NE during the summer. Nafstad stated they are on the same storm water line, so the area should see improvements. Olson inquired if the new standards for a100 -year flood would be implemented on future projects. Nafstad stated that he would look into it, but thought the new standards would apply to new developments. Motioned by Vetsch, seconded by Olson, to approve the November 7, 2013 proposal from Bolton & Menk, Inc. for preliminary and final design of the 54t4 Street NE and Barthel Industrial Drive NE intersection, a not -to- exceed fee of $48,000. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. D. Finance 1). Niemeyer Trailer Sales Nafstad reported that staff met with Tim Niemeyer today to discuss development of his property that was platted in 2008. He has just recently received a purchase offer for his Maple Grove property and he would like to pursue development on his Albertville property to relocate his business. The Niemeyer property has a 15 year assessment on it for installation of sanitary storm sewer and municipal water service. Niemeyer has paid the first three years of the assessment. Nafstad reported that Niemeyer is requesting an extension to his assessment for eight years and deferral of the first three years. Niemeyer stated his goal is to have as much as possible for funds in the first three years to build and grow his business. The assessment would then run 20 years out from 2014. Couri stated that the interest on the City's bonds has been reduced by two percent and Niemeyer would like his assessment interest to be reduced also by two percent. Couri stated all changes to assessments must be approved and provided to the Finance Director by November 27. Niemeyer apologized for the last minute item on the agenda this evening and stated he thought he had more time until he met with staff this afternoon. He informed Council that he just received the Maple Grove offer on Friday, so this isn't something that he has been holding onto. Couri explained there are only two other properties affected by the water and sewer improvements; one has paid off their assessment and the other has trunk fees that are in place that would need to paid only if and when the property is developed. Vetsch had concerns that all three properties receive fair and equal consideration and options. Vetsch had concerns about the City's ability to make the bond payments for the project if the assessment is deferred and he would like to see information provided on the bond payments. Nafstad stated that with the prepayment of the assessment for the City Council Meeting Minutes Page 4 Regular Meeting of November 18. 2013 other property, the Niemeyer deferral should not affect the bond payments. He stated it would have very little to zero financial impact. Vetsch stated he was concerned about having such a lengthy assessment. Couri stated that if the other parcel sells, the new mortgage holder may require any special assessment to be paid up front. Council inquired if this deferral has Wright County approval. Couri replied that he did not see that there would be a problem and the Finance Director will be working with the County. Hendrickson felt a new business is positive for the City and they have utilized other means to help businesses start or expand. She stated that anytime they can bring a business into the community, it is a good thing. Wagner agreed. Sorensen inquired about the timing of the construction on the property. Niemeyer stated that he would like to start construction in April 2014 and hopefully open August 1, 2014. Couri stated they should receive a consent to modification of the assessment from both Niemeyer Properties, LLC and Wellerson, LLP. He also recommended a condition of the resolution include review by the Finance Director for any budgetary constraints and review of any County regulations. Motioned by Sorensen, seconded by Olson, to adopt Resolution No. 2013 -044 entitled a Resolution Revising Terms of Assessment for Sanitary Sewer and Municipal Water Charges with conditions. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: Vetsch. Absent: None. MOTION DECLARED CARRIED. E. Planning -None F. Building — None G. Legal —None H. Administration 1). Region 7W TPB Memorandum of Understanding Nafstad reported that due to Census Bureau changes to the urbanized boundary of the Twin Cities, the Metropolitan Council will now oversee transportation planning responsibilities for portions of Sherburne and Wright Counties and the Cities of Albertville, Elk River, Hanover, Otsego, and St. Michael. This is for transportation planning oversight only. These entities currently fall under the Region 7W Transportation Policy Board and will continue to do so. The Region 7W TPB will continue to apply for federal funding and to address regional transportation issues and implement studies and plans. Brixius stated that it is an understanding to share plans and has no financial commitment involved with it. City Council Meeting Minutes Page 5 Regular Meeting of November 18. 2013 Council had concerns about falling under Metropolitan Council rules and regulations. Nafstad stated the memorandum clarifies that the entities are still free standing communities and are autonomous from the Metropolitan Council. Hendrickson would like to see if the other entities sign the memorandum before they take action. Couri stated they could certainly choose to do that. Sorensen felt that the Council needed more time to think about the memorandum. Council directed staff to bring the memorandum back to Council at the following meeting. 2). City Administrator's Update Nafstad reported the speed limit on CSAH 19 will increase to 45 mph from 57th Avenue NE to the Outlet Mall. He stated he did not feel increased speed was necessary in that area, but is up to MnDot to determine. Olson inquired about the timing of the stoplights on CSAH 19. Nafstad stated the tool is in place to time the lights, so if Council hears complaints, they can move forward with it. Nafstad reported that he will be meeting with the Catholic Church of St. Albert's to discuss the project concepts for their 2014 improvement project. 3). Consultant and Administrator Reviews Nafstad stated that Council usually conducts reviews of the planning and legal consultants towards the end of each year and he suggested doing so at the next meeting so they would be completed by the time appointments are made at the beginning of the year. He stated that he as administrator would also need a review. Sorensen inquired what type of process they should be using for the administrator review. Hendrickson stated that she would like to hold a personnel committee meeting prior to the reviews to discuss it and also review the evaluation Interim City Administrator Thistle created before he left. Nafstad stated that for the consultant reviews they could discuss qualities the Council likes or dislikes and future direction they would like to see the consultants take. For the administrator review, he recalled that it was an overview of objectives accomplished as well as a year -end summary. Sorensen inquired if Council were to bring anything to the reviews. Nafstad stated he would send the format Thistle created to the Council before the end of the week. 10. ANNOUNCEMENTS and /or UPCOMING MEETINGS November 25 November 28/29 December 2 December 9 December 10 December 16 December 23 December 25 Joint Powers Water Board, 6:30 p.m Parks Committee, 8:00 p.m. Thanksgiving, City Offices Closed City Council, 7:00 p.m. STMA Ice Arena Board, 6:00 p.m. Planning Commission, 7:00 p.m. City Council, 7:00 p.m. Joint Powers Water Board, 6:30 p.m Christmas Day, City Offices Closed City Council Meeting Minutes Page 6 Regular Meeting of November 18. 2013 11. ADJOURN MEETING Motioned by Wagner, seconded by Hendrickson, to adjourn the meeting at 9:10 p.m. Ayes: Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, ; /L �' - /-/ a/" "';' - Kimberly lson, City Clerk City Council Meeting Minutes Page 7 Regular Meeting of November 18. 2013