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2016-07-05 City Council MinutesJION� Nbertville ALBERTVILLE CITY COUNCIL TUESDAY, July 5, 2016 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Acting Mayor Vetsch called the meeting to order at 7:01 p.m. 2. ROLL CALL Present: Acting Mayor Vetsch, Council members Olson and Sorensen Absent: Mayor Hendrickson and Council member Hudson 7:00 PM Staff Present: City Administrator -PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, Fire Chief Eric Bullen, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, and City Clerk Kimberly Olson Others Present: Ron Klecker and Jeremy Dominick 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS - None 4. PUBLIC FORUM — (time reserved 5 minutes) There was no present at the forum. 5. AMENDMENTS TO THE AGENDA Couri asked for Item F1 to be removed from the agenda as the attorneys for Towne Lakes are still reviewing the document. Nafstad informed Council that the applicant for Item B 1 is unable to attend the meeting and requested the item be moved to the next regular Council meeting. Motioned by Olson, seconded by Sorensen, to approve the Agenda as amended Ayes: Vetsch, Olson, and Sorensen. Nays: None. Absent. Hendrickson and Hudson. 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 Page 1 approved by a separate motion. A. Approve the June 20, 2016 regular City Council meeting minutes as presented B. Authorize the Tuesday, July 5, 2016 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. 2016 -017 appointing additional Election Judges for the August 9, 2016 Primary Election and November 8, 2016 General Election D. Approve the 2"a Quarter Budget to Actual General Fund Summary E. Approve the Accounts Receivable Report Motioned by Sorensen, seconded by Olson, to approve the Consent Agenda as presented. Ayes: Vetsch, Olson, and Sorensen. Nays: None. Absent. Hendrickson and Hudson. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Vetsch reported that Kelly Browning, manager of the water treatment plant, has resigned her position to take another position within the Veolia organization. He commended Browning on the great work she has done at the plant. B. Planning/Zoning 1). Request of Leuer Munsterteiger Properties to amend the City of Albertville Zoning Map changing the zoning of Outlot A, Heuring Meadows Addition from B -2, Limited Business to B -2A, Special Business District This item was tabled to the July 18, 2016 regular City Council meeting. 2). Deed Covenants - Discussion Brixius reported that developer covenants are generally not enforced by the City. However, the City Code was amended a number of years ago to prohibit the issuance of a building permit for an accessory building if covenants for that development do not allow it; this is the only reference in the code that speaks to developer covenants. He stated they recently received a request from a property owner in the Albert Villas 6th Addition seeking a secondary outbuilding on their lot. It was determined the second accessory building was not allowed per the developer covenants and the application was returned. However, a property owner in Albert Villas 4t' Addition also requested an additional building on their lot and there were no covenants recorded that prohibited the building. This proves to be an inequity between lots in the same subdivision and staff is looking for Council feedback. City Council Meeting Minutes Page 2 Regular Meeting of July 5, 2016 Vetsch inquired what additions have covenants recorded. Couri believed all additions in Albert Villas had covenants in place; the only exception is the 4t' Addition, where some lots may have them and some may not. Vetsch stated at the time of building permit application, the application should be checked to see if the requested permit is allowable within the covenants for that address. He would like Couri to follow up with what additions citywide have covenants. Couri stated that the provision in the City Code in relation to accessory buildings and covenants was put in place because covenants were not being enforced years ago. Olson stated that additions that do not have homeowner associations find it difficult to enforce because they have no one to regulate the covenants. Couri agreed, stating that it is up to neighbor to enforce on neighbor. Olson inquired if there is current language in the Code to prevent covenants and Couri replied covenants are normally addressed in the developer's agreement. Brixius stated that staff will research what additions have covenants and will return to the next Council meeting to continue the discussion. He stated there are several actions the Council could take, one where Council could limit covenants to the first addition of a subdivision and then apply the zoning code to the remainder of the subdivision. 3). Neighbor's CUP Compliance — Update Brixius reported that the deadline for compliance was on June 30 and the owner is currently out of town unable to attend the meeting. He stated he has spoken with the owner who indicated the parking agreement with the Church of St. Albert is back in place. The owner also stated he is meeting with the building inspector later in the week to discuss the outside bar /enclosure. Vetsch inquired if back payment has been made to the church. Brixius stated they could request a copy of a written agreement. Brixius suggested that the owner meet with the inspector and staff will give an update on July 18. Motioned by Olson, seconded by Sorensen, to continue to the next City Council meeting on July 18, 2016. Ayes: Vetsch, Olson, and Sorensen. Nays: None. Absent. Hendrickson and Hudson. MOTION DECLARED CARRIED. C. Fire 1). Shared Services Study Final Report Nafstad reported the final report has been sent to the State. He stated there are several areas where further discussion is needed, including: dissolution, fire station location, and boundaries. Sorensen had concerns with the discussions concerning dissolution, specifically noting that it cannot be easy for one party to leave. Nafstad stated that Otsego will be discussing conducting a comprehensive or city wide study on locations for a fire station. He added that prior to entering into a Joint Powers Agreement, Albertville will need to have a better understanding on boundary lines for their funding formula. Nafstad stated the next steps are continuing talks with both cities and possibly beginning to draft a Joint Powers Agreement. One question that may arise is if one of the cities attorneys will draft the agreement or if a third party will be used. The Council stated the third party attorney would just add cost to the process. Nafstad stated that he will bring back a resolution to the City Council receiving the report at the July 18 City Council meeting. City Council Meeting Minutes Page 3 Regular Meeting of July 5, 2016 Sorensen inquired about renewing the current contract if this process extends past the expiration of the current contract. Couri suggested they consider talks to renew the contract next year since it expires December 31, 2017. The contract for fire services does not impact the joint powers agreement and the agreement could terminate the contract for fire services once it is approved and in place. Vetsch inquired if they could provide anything to Otsego that would assist in securing and entering into a joint powers agreement. Bullen stated there are different funding formulas available. Nafstad stated that no action was needed this evening. D. Public Works/Engineering 1). Ballfield Lighting of Central Park Field #3 Nafstad reported that through cooperative purchase, the lighting system and structural installation can be purchased from Musco Sports Lighting Inc. in the amount of $189.881. He also received three quotes for the underground electrical work in the amounts of $47,750, $49,327, and $50,890. He stated the Lions have pledged $25,000 over five years towards the project and STMA Youth Baseball has pledged $6,000 over three years. Nafstad informed Council that he is planning to meet with park user groups prior to entering into contracts to make sure the location of the light installation is satisfactory to those groups. Motioned by Olson, seconded by Sorensen, to direct staff to contract for field lighting through cooperative purchase with Musco Sports Lighting Inc. for the lighting system and structural installation in the amount of $189,881, and to contract with Lawinger Electric for the underground electrical system in the amount of $47,750, for a total project cost of $237,631. Ayes: Vetsch, Olson, and Sorensen. Nays: None. Absent: Hendrickson and Hudson. MOTION DECLARED CARRIED. 2). Main Avenue NE BNSF Railroad Contract Nafstad reported they have received the agreement for the Main Avenue NE railroad improvements. The railroad will remove the timber crossing and install a new concrete crossing and the City would be responsible for all other repairs and restoration. The total cost is estimated to be $120,000, with approximately $70,000 of those costs being paid to the railroad. However, they will receive a ten percent discount due to extended amount time it took BNSF to get the agreement to the City. Motioned by Sorensen, seconded by Vetsch, to approve the BNSF Crossing Surface Installation Agreement for the grade crossing at Main Avenue NE. Ayes: Vetsch, Olson, and Sorensen. Nays: None. Absent: Hendrickson and Hudson. MOTIONDECLARED CARRIED. 3). 2017 Street Improvements Nafstad reported that he has requested a proposal from Bolton & Menk, Inc. for topographical surveying for 2017 street improvements. Nafstad briefly discussed the preliminary scope of the project and the tentative schedule. City Council Meeting Minutes Page 4 Regular Meeting of July 5, 2016 Motioned by Olson, seconded by Sorensen, to approve Bolton and Menk, Inc. Proposal for Survey in the amount of $11,374. Ayes: Vetsch, Olson, and Sorensen. Nays: None. Absent: Hendrickson and Hudson. MOTIONDECLARED CARRIED. E. Finance 1). Water Fund Presentation Lannes gave a presentation on the current status of the water fund. She stated for the last three years the auditors have indicated the City must address the water rates to make the fund self - funding and that in a matter of a few years the fund would be defunct. Vetsch inquired as to how the fund got into this position. Lannes replied that for several years in a row, the Council opted not to raise rates because Joint Powers Water Board was raising rates and they didn't want a double impact on residents. In 2012, the City began to address the issue by adding to the base rate over the course of five years. Lannes presented several scenarios for raising rates that included: an increase only to the base rate, an increase only to the tiered rates, or a combination of both. Vetsch stated that he feels it is important to let the residents know how the situation got to where it is and why the rates are needed. Lannes stated they have a few years to work on the rates, but the rates must cover operations and begin funding depreciation. Nafstad stated staff will come to the next Council meeting with several options. F. Legal 1). Towne Lakes 6th Addition Second Amendment to Developer's Agreement This item was removed from the agenda. 2). City Attorney's Report Couri reported that Fieldstone is nearing closing on all of the first ten lots purchased in Prairie Run and have closed on two of the lots of the fifteen tax forfeit lots. G. City Clerk —None H. Building — None I. Administration 1). City Administrator's Update Nafstad invited the Council to the July 12 Planning Commission meeting where the City Attorney and City Planner will be doing a presentation on the basics of planning and zoning. Nafstad stated staff is seeking Council feedback on insurance requirements for groups using the City fields in Central Park. He reported the City has asked for and received liability insurance from amateur and organized leagues. However, he stated this is difficult for non - organized groups to obtain. After discussion with the attorney and the City's insurance provider, an alternative to the liability insurance could be a waiver that each player signs. Olson stated that the waiver makes sense. Council felt receiving waivers from those groups would be sufficient. City Council Meeting Minutes Page 5 Regular Meeting of July 5, 2016 Council briefly discussed Albertville representation on the School Board. Nafstad noted the progress on the Lachman Avenue drainage improvmemnts. Nafstad stated that he will bring the report regarding turn lanes at 57`h Street NE and CSAH 19 to the next Council meeting. 9. ANNOUNCEMENTS AND /OR UPCOMING MEETINGS July 11 STMA Ice Arena Board, 6:00 p.m. July 12 Planning Commission, 7:00 p.m. July 13 Fire Advisory Committee, 6:00 p.m. July 14 Fire Business Meeting, 8:00 p.m. July 18 City Council, 7:00 p.m. July 25 Joint Powers Water Board, 6:00 p.m. August 1 August 8 August 9 August 11 August 15 August 22 August 29 10. ADJOURNMENT Parks Committee, 8:00 p.m. City Council, 7:00 p.m. Budget Workshop, Immediately Following Regular Meeting STMA Ice Arena Board, 6:00 p.m. Primary Election Day, Polls Open 7:00 a.m. — 8:00 p.m. Planning Commission, 7:00 p.m. City Council, 7:00 p.m. Budget Workshop, Immediately Following Regular Meeting Joint Powers Water Board, 6:00 p.m. TBD, Joint Governance Meeting Motioned by Sorensen, seconded by Olson, to adjourn the meeting at 9:15 p.m. Ayes: Vetsch, Olson, and Sorensen. Nays: None. Absent. Hendrickson and Hudson. MOTION DECLARED CARRIED. submitted, i- Olson, rty Clerk City Council Meeting Minutes Page 6 Regular Meeting of July 5, 2016