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2014-11-03 CC MinutesA bcrtvijjc &a" Taws Ud". ft cw W.. ALBERTVILLE CITY COUNCIL Monday, November 3, 2014 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:00 p.m. 2. ROLL CALL 7:00 PM Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch, and Wagner Others Present: City Administrator -PWD Adam Nafstad, City Planner Alan Brixius, City Attorney Mike Couri, Fire Chief Tate Mills, and Walter Hudson 3. RECOGNITIONS- PRESENTIONS- INTRODUCTIONS - None 4. PUBLIC FORUM Jeremiah Curran, pastor of Westbridge Community Church, was present to speak at the forum. He spoke about the need to find a permanent facility for the church; they have been holding services at several different locations throughout the Albertville -St. Michael area. They serve approximately 700 individuals each week and have seen the need to put down roots and have a permanent facility. Curran stated Westbridge has entered into a purchase agreement with Mike Leuer and Ralph Munsterteiger for their property located on the west side of County Rd 19 and north of the healthcare clinic. He stated the property is currently zoned Commercial B -2 and they would like to rezone the property, so the church would be able to build on the site. He showed a graphic of what the church would like and stated they would design the building to aesthetically match Albertville standards. Brixius reviewed the history of the commercial zoning of the site and discussed the concepts brought forward by the property owners. Brixius stated the current concept brought forward by Westbridge includes two access points. Brixius asked for Council direction as to whether or not they are interested in rezoning the property. Curran stated they had spoken with staff about keeping 250 feet along County Rd 19 zoned as Commercial, but that would leave the church with a very narrow, landlocked lot and he could see them needing to move again in a few years. He stated they serve individuals from thirteen different cities and feels they would bring an economic benefit to the community. He stated they also invest in many community programs. Page 1 Vetsch stated his concern about the impact a change in zoning could have on the tax base. Sorensen inquired about State and Federal laws. Couri stated the current law states if a zoning district allows an assembly use within the district, a church cannot be denied just because of a religious use. However, he stated that the current zoning on the property in question does not allow for an assembly use, so this law would not apply. Brixius suggested they get the opinions of each of the Council members, so the property owners and Westbridge could determine if they should apply for an application to rezone the property. Hendrickson stated she had a hard time seeing the entire lot as Commercial, since it is directly south of the Albertville Cottages. Vetsch and Wagner both stated their concern with the change in tax base if rezoned. Wagner is not opposed to the concept, but would like to see comparables of tax base for similar commercial properties. Sorensen agreed with Wagner. Brixius suggested that Westbridge submit an application if they would like to pursue rezoning. 5. APPROVAL OF THE AGENDA Motioned by Wagner, seconded by Olson, to approve the Agenda as presented. Ayes: Hendrickson, Olson, 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 the 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 October 20, 2014 regular City Council meeting minutes as presented B. Authorize the Monday, November 3, 2014 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. 2014 -034 entitled a Resolution Amending Official Depositories D. Approve Resolution No. 035 entitled a Resolution Appointing Corporate Signers for the City of Albertville for 2014 Sorensen questioned Consent Items C & D. He inquired why the depositories were being changed and Nafstad replied another institution was being added, thus needing official approval. Sorensen asked why the corporate signers were only for the remainder of 2014 and Nafstad replied that it had not been done yet this year and Council could expect this resolution annually going forward. City Council Meeting Minutes Page 2 Regular Meeting of November 3, 2014 Motioned by Sorensen, seconded by Vetsch, to approve the Consent Agenda as presented. Ayes: Hendrickson, Olson, Sorensen, Vetsch, 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, JPWB, Parks, Fire Board, etc.) Joint Powers Water Board Vetsch reported the board would like to see the reconstruction of wells on a rotating basis and are trying to do one each year. He stated they are trying to be proactive in getting residents to conserve water. Beyond the Yellow Ribbon Steering. Committee Sorensen reported he attended the October 30 meeting and the next meeting is scheduled for November 20 at 6:30 p.m. at Albertville City Hall. He stated he is planning on attending that meeting and has asked staff to notice those meetings as a possible quorum of the Council. Council discussed appointing a member of the Council to the Steering Committee to ensure that there is at least one member at each meeting, but felt they could do so at a later meeting. B. Finance 1). Approval of the 2014 Certification of Uncollected Utility Bills and Invoices (Motion) Nafstad reported the property owners have until November 12 to pay the outstanding amounts owed, otherwise they will be sent to the County for certification and collected with taxes. Olson inquired about the high invoice amounts for rental properties and Nafstad replied the fee is approximately $5.00 a day fine. Nafstad reported they receive multiple notices. He stated that if the property owner becomes compliant, staff works with them to waive or reduce the fee. Motioned by Hendrickson, seconded by Olson, to approve Resolution No. 2014 -036 entitled a Resolution Certifying the 2014 Uncollected Utility Bills and invoices to Wright County for Collection with Real Estate Taxes. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. C. Legal 1). City Attorney Report Couri reported that an investment company is looking at purchasing the group of properties located at Albertville Crossing where Coborn's and several other buildings are located. City Council Meeting Minutes Page 3 Regular Meeting of November 3, 2014 D. City Clerk -None E. Public Works / Engineering - None F. Planning /Zoning - None G. Building -None H. Administration 1). City Administrator's Update Nafstad stated there are problematic geese at the Pysk property and they have been in contact with a wildlife management/conservation officer with the State who has visited the site. He stated the geese have caused a large amount of damage to the crops on the property. The conversation officer had stated that the best way to be rid of the geese is to harvest them or to hunt them. However, he stated there is currently an ordinance that prohibits the discharge of firearms within City limits. Staff discussed temporary permitting and conditions to allow property owners to hunt the problematic geese during the hunting season as well as needed notification to nearby properties. Brixius stated that the City of St. Michael had a permit for this type of activity that required certain shooting locations/blinds, distance requirements, and shotgun pellet size. He stated there are other devices and methods that are available to scare the geese away. Brixius stated he has concerns with allowing hunting in such an urban and confined space, but if they can create a very controlled hunting area, they may be able to find a solution. He suggested staff meet with the DNR to find out what works in such a constrained area. Nafstad inquired of the City Attorney what was needed for Council to approve a goose hunting permit. Couri stated that fire arms discharge prohibition is a City regulation and the Council pass by motion and exception to the regulation for a specific time for a limited purpose. Couri recommended that the hunter be the property owner or their designee, so the City is not liable. Leuer discussed hunting practices, hunting season, and daily limit. Sorensen inquired about the notification of the nearby properties. Couri stated they would at least need to alert and notify all adjacent property owners to the site in question. Vetsch was in favor of the permit as it is a public nuisance and is not opposed to allowing the exception. Brixius suggested speaking to the DNR about allowing an increase in the number of geese that can be taken in one day. Vetsch suggested they hold a special meeting next week on the topic since they will be already be meeting to canvass the election results on Monday, November 10 at 5:45 p.m. City Council Meeting Minutes Page 4 Regular Meeting of November 3, 2014 Council rescheduled the Canvass Board meeting to 5:30 p.m. with the special meeting to immediately follow. Leuer thanked Council for taking the time to discuss the issue. Nafstad reported that the 54th Street NE and Barthel Industrial Drive NE Drainage Improvement project is moving along and all utilities are in the ground. They are ready to put the curb and driveways back in, but the state -wide concrete shortage has caused some delays. He stated that the worst case scenario would be to place temporary bituminous this with final restoration next spring. 2). Full -time Fire Chief/Fire Marshal/Emergency Manager Job Description Nafstad reported a committee of Firefighters developed the job description for the full -time Fire Chief. The job description has gone to Otsego for their review and it now needs formal Council approval, as it will be an Albertville position. Hendrickson inquired about the education and supervisory requirements; she did not want to discourage internal candidates. Nafstad stated that several requirements were written to allow the selection committee to choose if certain skills and experience could be substituted for some requirements and vice versa. Hendrickson also inquired about the response time. Mills replied that the candidate be able to respond to Albertville Fire Emergencies within twenty (20) minutes. They are not required to live within Albertville, since they will be working in the community. Motioned by Olson, seconded by Sorensen, to approve the job description for the position of full -time Fire Chief /Fire MarshaUEmergency Manager and authorizing staff to advertise the position. Ayes: Hendrickson, Olson, Sorensen, and Wagner. Nays: Vetsch. Absent. None. MOTIONDECLARED CARRIED. For the record, Vetsch stated that he is fine with the job description, but not ready for the implementation of the position. Nafstad discussed the need to identify how to address the officers terms at the end of this year. At the last committee meeting, they discussed moving forward with the appointment process of the six officers and possibly extending Chief Mill's term, but did not reach consensus with the Assistant Chief position. Nafstad stated the interim term of the Assistant Chief was not as defined as the extension of the Chief. Nafstad explained it would be difficult for the new chief to select the assistant chief right away. Mills stated that he felt it would be best to have the Assistant Chief and officers in place prior to the new full -time chief taking the position. The officers are appointed for a two year term. Mills suggested this be done by the first of the year in case there are a few months until the new full -time chief is in place. City Council Meeting Minutes Page 5 Regular Meeting of November 3, 2014 The Council discussed several scenarios for implementing an Interim Chief, Assistant Chief, and Fire Officers. Mills wanted to clarify that appointing an Assistant Chief and then selecting the officers, most closely follows the SOG's (Standard Operating Guidelines). Mills stated that normally they would put officers in place during December since the terms are up at the first of the year. Council discussed potential application processes for the interim and assistant chief positions. Sorensen invited Otsego Council member Wareheim for his thoughts. He suggested Council may want to consider that the new chief may want some input in the selection of an Assistant Chief. He also stated they may want to clarify to members of the Fire Department that after the transition period of the Assistant, they will have another opportunity to apply for the Assistant Chief. Mills clarified that after that first two -year term, the new chief would appoint the Assistant Chief. Discussion was had on appointing an Interim Chief and no Assistant Chief because it will only be a short amount of time, and how an Interim Chief could move into the Assistant Chief position once the new chief is hired may be the smoothest transition. Nafstad suggested the Albertville Fire Committee members meet before the next meeting and also that Mills give the officers notice that appointments will be coming up in December. Wagner stated that this is unchartered waters and this is a transition period so it will not be how it was done in the past. 9. Announcements and /or Upcoming Meetings November 10 Canvass Board, 5:45 p.m. STMA Ice Arena Board, 6:00 p.m. November 11 Veterans Day, City Offices Closed Planning Commission, TBD November 17 City Council, 7:00 p.m. November 18 LBAE Training, Glencoe, 9:00 a.m. — 12:00 p.m. November 24 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. November 27/28 Thanksgiving Day /Day After Thanksgiving, City Offices Closed December 1 Truth in Taxation Meeting, 6:00 p.m. City Council, 7:00 p.m. December 4 Legislative Forum, Discovery Elementary School, 7:00 p.m. December 8 STMA Ice Arena Board, 6:00 p.m. December 9 Planning Commission, 7:00 p.m. December 15 City Council, 7:00 p.m. December 22 Joint Powers Water Board, 6:30 p.m. December 24 Christmas Eve, City Hall Closes at 12:00 Noon December 25 Christmas Day, City Hall Closed City Council Meeting Minutes Page 6 Regular Meeting of November 3, 2014 10. ADJOURNMENT Motioned by Sorensen, seconded by Wagner, to adjourn the meeting at 9:08 p.NL Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, imberly . Olson, City Clerk City Council Meeting Minutes Regular Meeting of November 3, 2014 Page 7