Loading...
2016-12-05 City Council Minutes`�, lbcrtvijlc ALBERTVILLE CITY COUNCIL Monday, December 5, 2016 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:13 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Hudson, Olson,. Sorensen, and Vetsch Absent: None 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, Water/Wastewater Supervisor John Middendorf, and City Clerk Kimberly Olson Others Present: Aaron Cocking, Samara Postuma, Bonnie LeVassuer, Andrew Helmich, Chris Hansen, David Larsen, Kurt Sjohn 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS - None 4. PUBLIC FORUM — (time reserved 5 minutes) There was no one present to speak at the forum. 5. AMENDMENTS TO THE AGENDA Lannes added a special meeting to be called for December 12, 2016 at 5:45 p.m., prior to the STMA Ice Arena Board meeting, to discuss transfer of Tax Increment Financing to new buyers of the Cottages in Albertville. Motioned by Hudson, seconded by Sorensen, to approve the Agenda as amended. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. 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. Page 1 A. Approve the October 17, 2016 regular City Council meeting minutes as presented B. Approve the November 7, 2016 regular City Council meeting minutes as presented C. Approve the November 14, 2016 Canvass Board meeting minutes as presented D. Authorize the Monday, December 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 E. Approve the Wright County Assessment Services Agreement for 2018-2019 F. Approve purchase of a Metrotech line locator for $4,067.00 and Duct Hunter traceable rodder for $1,770.00 Motioned by Olson, seconded by Hudson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. 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.) There were no committee updates. B. Planning/Zoning 1). Site and Building Plan Review - Accorde Orthodontist Clinic Brixius reported Accorde has submitted site and building plans for review for a proposed orthodontist office building at 10963 Jason Avenue NE, next to the current medical building site. He reported the building is consistent with the current B-2 zoning and will meet all setback and lot size requirements. The Planning Commission reviewed the plan and recommended approval to the City Council 4-0 with conditions. Brixius stated those conditions would require the applicants to describe truck movements for garbage collection and provided a description of deliveries to the site, submit a revised landscape plan, provide cut sheets for lighting, and to obtain permits for their wall signs. Andy Helmich, applicant, stated they have three other offices in Maple Grove, Champlin, and Rogers. He reported this will be their fourth clinic and they are pleased to open an office in Albertville as a good number of their Rogers patients come from the STMA area. Motioned by Sorensen, seconded by Hudson, to Adopt Resolution Number 2016-033 approving the Site and Building Plans for Accorde Orthodontist Clinic with conditions. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONDECLARED CARRIED. 2). Accessory Buildings/Deed Covenants Zoning Amendment Brixius reported that different additions within the same development may or may not have restrictive covenants for outbuildings. The current language in the city code states the City will not City Council Meeting Minutes Page 2 Regular Meeting of December 5, 2016 issue a permit to a homeowner for something that violates the covenants in their addition. Staff recommends removing this language from the city code. Brixius stated the proposed ordinance also includes protection against oversized accessory buildings on smaller lot or lots with reduced setbacks through conditional use criteria. Brixius stated there was an error in the zoning districts listed in the ordinance and provided the correct zoning districts. Motioned by Vetsch, seconded by Hudson, to Adopt Ordinance No. 2016-10 amending Section 1000.4, Accessory Buildings, Uses and Equipment repealing provision 1000.4.B.5 and amending Provision 1000.4.H adding new conditional use criteria for oversize garages in residential zoning districts with the corrected zoning districts as listed by the City Planner. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 3). Rental Property Ordinance Amendment Brixius reported current city code requires all rental properties to have a rental license. However, he stated there are situations that occur where this policy was not meant to apply. Those situations are where a real estate transaction is involved and the occupant is not the owner (temporary rent back), the owner lives at the property and rents a room to a boarder, and property where the occupant has a contract for deed to purchase the property. Brixius stated the current code also includes requirements for commercial rentals. To date, commercial rentals/leases have not been licensed. However, the property is inspected whenever there is a change in occupancy or changes to the building. Staff recommended removing the language involving commercial rentals as the inspection process has been working well. Brixius reported staff also included a clear definition of the term renter. Couri added language to the proposed ordinances to state: 3. Property that is currently unde a Contract for Deed and is occupied by Contract for Deed vendee Motioned by Hudson, seconded by Olson, to Adopt Ordinance Number 2016-I1 amending the Albertville City Code Title 10 Chapter 4 as it relates to residential rental property within the City and includes the language provided by the City Attorney. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. C. Finance 1). 2017 Property Tax Levy and Final Budget Review Lannes reported the Council has held the required public hearing for public comment on the proposed 2017 levy and budget. Sorensen explained to the audience there is not a lot of comment by the Council as this meeting because of budget workshops they have held in prior months where they looked at each line item in the budget and discussed services. He further explained that it is better to keep a low increase yearly rather than to come to a double digit increase in a single year. He stated they cut a lot of items and improvement projects due to the recession and they need to build up reserve funds to get back on track. He felt they have put a great deal of thought into the budget, have listened to public comment, and he believes this is a fair budget. Vetsch agreed it is a fair budget and they are keeping to near or at the rate of inflation. Olson inquired what the inflation percentage is and Lannes replied that is approximately 2.5%. City Council Meeting Minutes Page 3 Regular Meeting of December 5, 2016 Hendrickson stated that the City has issued no new debt and they are trying to set up future councils for success. Olson inquired if there were increases staff has seen for city expenses. Lannes replied there was an increase in energy bills, benefits, and other costs. Olson clarified that expenses have not gone down. Hendrickson stated the Council has worked hard to partner with other cities and groups to provide shared services. Motioned by Hudson, seconded by Sorensen, to Approve Resolution No. 2016-034 entitled a Resolution Adopting Property Tax Levy Collectible in 2017 (for 2.94%). Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Vetsch, seconded by Hudson, to approve Resolution No. 2016-035 entitled a Resolution Adopting the 2017 Final Budget. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). Water and Sewer Rates — No Action Needed Lannes explained the software used for utility billing was incorrectly calculating charges and was in effect undercharging the high tier users. Since then, the software has been corrected and staff recommends continuing with the last year of the five year increase on the base in 2017. Staff will review the water and sewer funds at the end of 2017 to evaluate any needed changes. Olson stated the Council had discussed aligning the tiers to be the same as Joint Powers Water Board. Nafstad recommended leaving the tiers where they are at and not aligning with the water board's tiers in order to evaluate the fund. 3). Enterprise Budgets — No Action Needed Hendrickson inquired about the recycling fund and if they are meeting the State goals. Lannes stated they are at 35 pounds per households per month and they need 43 pounds per household per month. If they increase the pounds per household monthly to the meet the goal, they could receive extra funds. Hendrickson would like to see this included in the next newsletter. D. City Clerk —None E. Public Works/Engineering — None F. Building — None G. Fire —None H. Legal 1). City Attorney Report Hudson inquired about Charter no longer providing free cable. Couri explained that Charter's position is they already pay the 5% franchise fee to the City and free cable to the City buildings is City Council Meeting Minutes Page 4 Regular Meeting of December 5, 2016 above and beyond the 5% allowed. He stated that this is likely come up at franchise renewal time. Nafstad inquired about the cost to the City for paying for cable to city buildings. Lannes replied it is less than $1,000 annually. 2). Disposition of Water Tower Lot Remnant Vetsch abstained from the discussion and vote due to conflict of interest as the item relates to his family's estate. Couri reported the City had at one time purchased a lot on which to place a water tower. In 1963 the City conveyed 25 feet of the lot to neighboring property owned by Donatus and Irma Vetsch. In 1976, the Vetch's conveyed the 25 foot strip back to the City but it came back as a separate parcel from the original parcel. The City decommissioned the water tower and sold the lot it was on, but not the strip of land that the Vetch's conveyed back to the City. Couri further reported the Vetch's have since passed away and the Vetsch estate is selling the lot a family member. The closing company discovered that this 25 foot strip was not actually part of the lot, as previously assumed by the Vetsch's and the City as the Vetsch house sits very close to if not on the common lot line. Donatus Vetsch had maintained the strip of land for several decades. The County has the strip valued at $800. Staff is seeking direction from Council if the strip should be sold and for how much. Nafstad stated that no utilities are on the strip and the city has no use for the strip of land. Sorensen felt there was no reason for the City to keep the strip of land, but thought perhaps the owner of the water tower lot should be notified. Hudson agreed it made sense to the sell the strip and thought they could defer to the price Wright County valued it at; he did not want to give the impression of any special treatment. Couri explained the City can sell the property for any amount they want and the City has not incurred any maintenance costs because Donatus maintained it. Hendrickson stated in the past the city has sold lots for a negligible amount to clean up similar situations. However, she felt that it would be fair to sell the strip for whatever costs have been incurred (i.e. staff time) on the request. She asked Couri how much he estimated the costs to be, but she didn't want to sell it for more than the $800 value. Couri replied that it would be less than $800, but would be a couple hundred. Council agreed with Hendrickson's suggestion. Motioned by Hendrickson, seconded by Olson, to authorize the sale of the 25 foot wide remnant from the old water tower lot to the Donatus Vetsch estate for costs incurred by the City, not -to - exceed $800, and to notify the adjoining neighbor of the transaction. Ayes: Hendrickson, Hudson, Olson, and Sorensen. Nays: None. Absent: None. Abstain: Vetsch. MOTION DECLARED CARRIED. I. Administration 1). City Administrator's Update Nafstad reported that CenturyLink is nearing the end of their project. Clerk Olson reported staff has received two letters of interest for the Planning Commission and letters were to the two commissioners whose terms are up at the end of the year. Hendrickson would like to see this displayed on the Main Street city entrance sign. City Council Meeting Minutes Page 5 Regular Meeting of December 5, 2016 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS December 12 STMA Ice Arena Board, 6:00 p.m. December 13 Planning Commission, 7:00 p.m. December 19 City Council, 7:00 p.m. December 26 City Offices Closed, Christmas Day Observed December TBD Joint Powers Water Board, 6:00 p.m. January 2 City Offices Closed, New Year's Day Observed January 3 City Council, 7:00 p.m. January 4 Fire Advisory Committee, 6:00 p.m. January 9 STMA Ice Arena Board, 6:00 p.m. January 10 Planning Commission, 7:00 p.m. January 19 City Council, 7:00 p.m. January 16 City Offices Closed, Martin Luther King Jr. Day January 17 City Council, 7:00 p.m. January 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. January 30 Joint Governance Meeting, 6:00 p.m. Location TBD 10. ADJOURNMENT Motioned by Sorensen, seconded by Hudson, to adjourn the meeting at 8:40 p.m. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfu y sub fitted, c imberly A. son, City Clerk City Council Meeting Minutes Page 6 Regular Meeting of December 5, 2016