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2016-06-06 CC Agenda Packet City of Albertville Council Agenda Monday, June 6, 2016 City Council Chambers 7:00 p.m. 6:00 p.m. – SHARED FIRE SERVICE WORKSHOP – Council Chambers PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. 1.Call to Order 2.Pledge of Allegiance –Roll Call 3.Recognitions – Presentations – Introductions A.Recognition of Dr. Behle 4.Public Forum – (time reserved 5 minutes) 5.Amendments to the Agenda 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 May 2, 2016 regular City Council meeting minutes as presented (pgs 4- 12) B. Authorize the Monday, June 6, 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 (pg 13) C. Approve the Church of St. Albert Lawful Gambling Exempt Permit Application for the annual Parish Festival that will be held on October 9, 2016 at the St. Albert Parish Center(pgs 14-17) D. Approve Ordinance 2016-02 Summary for publication relating to Planning Commission Composition (pg 18) E. Approve Ordinance 2016-03 Summary for publication relating to the Sign Code (pg 19) 7.Public Hearings – None M:\\Public Data\\City Council\\Council Agendas\\2016 Agenda Packets\\2016-06-06 CC Agenda.docx Meeting Date: June 6, 2016 Agenda Page 1 City of Albertville Council Agenda Monday, June 6, 2016 Page 2 of 3 8.Department Business A.City Council 1).Discussion of Process for School Boundary Changes 2).Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) B.Planning/Zoning 1).Special Home Occupation for 5342 Kahler Drive NE (pgs 20-32) C.Fire 1).Fire Update (pg 33) D.Legal 1).City Attorney Report (pgs 34-36) E.Finance – None F.City Clerk – None G.Public Works/Engineering – None H.Building –None I.Administration 1).City Administrator’s Update(pgs 37-39) 9.Announcementsand/or Upcoming Meetings June 13 STMA Ice Arena Board, 6:00 p.m. June 14 Planning Commission, 7:00 p.m. June 20 City Council, 7:00 p.m. June 27 Joint Powers Water Board, 6:00 p.m. June 29 Fire Advisory Committee, 6:00 p.m. July 4 City Offices Closed, Independence Day July 5 City Council, 7:00 p.m. July 11 STMA Ice Arena Board July 12 Planning Commission, 7:00 p.m. July 14 Fire Department Business Meeting, 8:00 p.m. July 18 City Council, 7:00 p.m. July 25 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. M:\\Public Data\\City Council\\Council Agendas\\2016 Agenda Packets\\2016-06-06 CC Agenda.docx Meeting Date: June 6, 2016 Agenda Page 2 City of Albertville Council Agenda Monday, June 6, 2016 Page 3 of 3 JUNEJULY SuMTuWThFSaSuMTuWThFSa 123412 CC7HCC 56910113456789 AFCD 8 Ice PCIcePCFB 1213141516171810111213141516 CCCC 1920212223242517181920212223 FAC 2930 JP 24 262728 JPPK 252627282930 31 10.Adjournment M:\\Public Data\\City Council\\Council Agendas\\2016 Agenda Packets\\2016-06-06 CC Agenda.docx Meeting Date: June 6, 2016 Agenda Page 3 ALBERTVILLE CITY COUNCIL Monday, May 2, 2016 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1.CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:02 p.m. 2.ROLL CALL Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch Absent: None StaffPresent: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, Finance Director Tina Lannes, Fire Chief Eric Bullen, Public Works Director Tim Guimont, and City Clerk Kimberly Olson Others Present: Samara Postuma, Erick Kunkel, Joanna Paulson, Jason Priebe, Mike Brempell, Amy Burk, J.R. Burke, Aaron Cocking, Rob Rich, Ted Carlson, Heidi Gonzalez-Quevedo, Tom Fay, Sara Johnston, Steve Johnston, Aaron Tran, Jody Smaagaad, Jim Erickson, Beau Bunnell, Tim Reiswig, Ryan Bergan, Eric Simon, Mike DeVine, Henry Hansen, Erin Remme, Jessica Stockamp, Josh Holland, Josh Berg, Joe Holtz, Max Pizano, Peg Pizano, Justin Waldrum, Marlena Waldrum, Jeff Olson, Angie Olson, Alyssa Erlandson, Michael Potter 3.RECOGNITIONS –PRESENTATIONS –INTRODUCTIONS - None 4.PUBLIC FORUM – (time reserved 5 minutes) There was no one present for the forum. 5.AMENDMENTS TO THE AGENDA There were several amendments to the agenda. Nafstad moved Item 8A1 to 5A1. Nafstad moved items 8B1-4 to 5B1-4. Motioned by Hudson, seconded by Olson, to approve the amendments to the agenda. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Page 1 Agenda Page 4 A.City Clerk , , 1).New Liquor License For Hana 168 Restaurant Inc. for the Premises Located at 630 Laketowne Place NE Clerk Olson reported that staff has received a liquor license application for On-Sale Intoxicating and Sunday Liquor Sales for the premises located at 6730 Laketowne Place NE, operating as the restaurant “Hana”. This is the former John Hardy’s site. She stated they willserve French cuisine and sushi. They hope for a mid-summer opening. She stated that the applicants have paidthe appropriate fees and they are working on insurance. Staff recommends approval of the licenses contingent upon results of background checks, proof of insurance, and compliance with all fire and building codes. Motioned by Hudson, seconded by Olson, to approve the On-Sale Intoxicating Liquor and Sunday Sale Licenses for Hana 168 Restaurant Inc. for the premises located at 6730 Laketowne Place NE contingent upon receipt of workers compensation and liquor liability insurance, successful results of background checks, and compliance with all building and fire codes. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. B.City Council 1).Neighbor’s Eatery and Saloon Compliance Extension Brixius reportedthat a code enforcement letter was sent to the owner in March pertaining to non- compliance with terms of the Conditional Use Permit for outdoor dining at the establishment and to come into compliance by April 29, 2016. The issues that need to be corrected are to re-establish the lease agreement with the Church of St. Albert for off-site parking for the additional parking needed for the outdoor dining area. The property must also remove the outdoor bar and re-establish the trash enclosure. Joe Holtz, owner of Neighbor’s Eatery and Saloon, was present at the meeting to request an extension to the time frame in which to comply with the letter. Holtz stated that the church had talked about approaching other Main Avenue restaurants to see if they needed additional parking and would participate in the lease agreement. He stated he never heard back from the Church and he has since been injured in an accident that has had a lengthy recovery. He stated he has not had a chance to review the details with the church. Hudson stated that if the City is looking to have an agreement in place, he feels that the owner is aware of it and trying to obtain it. He feels the extension for 60 days is realistic in this situation. Hendrickson inquired what would happen if the conditions were not corrected in the extended time frame. Brixius reported that failure to comply could result in revocation of the CUP, revocation of the 2016 liquor licenses, and administrative fines. Brixius stated the current outdoor bar area is not compliant with fire code. Motioned by Hudson, seconded by Sorensen, to grant a 60-day extension to Neighbors Eatery and Saloon to correct the conditions outlined in their CUP. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. City Council Meeting MinutesPage 2 Regular Meeting of May 2, 2016 Agenda Page 5 2).STMA Open Enrollment –Discussion Hendrickson introduced the item by stating that the STMA School Board is contemplating putting a cap on open enrollment. It has been brought to her attention that the neighborhoods of Towne Lakes and Hunters Pass could be affected by limitations to open enrollment to the STMA School District as those neighborhoods sit in the Elk River School District. She has heard from members of those neighborhoods that they would like to see a change in boundary lines to include the neighborhoods into the STMA School District. Hendrickson clarified that the City Council has not discussed either open enrollment or school boundary line changes. She indicated the Council had received a memorandum from STMA Schools Superintendent Dr. Behle that identifies capacity issues and future enrollment numbers. Hendrickson further clarified that the City has no legal authority to change school boundary lines. Sorensen reported the STMA School Board will be discussing the open enrollment issue at their May 16 meeting. Nafstad stated that a change of school boundary lines are a spinoff of the open enrollment issue and are currently not a topic of STMA School Board discussion. Nafstad reported that Dr. Behle’s April memorandum invited comments from the City Councils of both St. Michael and Albertville. He stated that Dr. Behle has been supportive of informing neighborhoods that could be affected by any changes in open enrollment. Hendrickson stated that the City cannot tell the STMA School Board its capacity levels, but Hendrickson and Hudson felt, as elected officials, they can bring resident concerns to the STMA School Board. Sorensen had concerns how school district boundary changes will affect taxpayers and they need a full picture of the topic. He stated that the Council needs to hear from those currently residing in STMA School District as well. Beau Bunnell, 11656 E. Laketowne Drive, stated he has three children in the Elk River school district. He stated that he felt it is most beneficial to change the boundary of the STMA School District to include all of Albertville. He has worked on the Homeowners Association since the homes were built and is confident that developers and builders would say the same. City Attorney Couri explained the different options school districts could use to change boundary lines. Commissioner Potter explained they had tried to accomplish the same thing in the 1990’s, but it did not happen. He stated it becomes complicated as school districts look at disparities as well as the bonds the districts have tied to the properties in their district. Couri stated that the two school districts would need to come to some type of agreement and if that can be done, it would need approval from the Legislature. Hendrickson stated that she is interested in passing a resolution to encourage the schools to discuss the possibility of a school district boundary change. Hudson stated that the City can take the role to facilitate the discussion between the two school districts and can take leadership for the conversation. City Council Meeting MinutesPage 3 Regular Meeting of May 2, 2016 Agenda Page 6 Hudson stated that it may come down to raw politics. He stated that residents in the Elk River district are represented by board members of the Elk River School District and they can make the case to them as well. Olson agreed cases can be made to both school districts. However, essentially some type of land swap would ultimately be needed and could require some residents already in the STMA School District to be removedfrom the district. He stated that many cities have multiple school districts and Albertville has a strong history of working with many other entities. He stated that he will continue to view Albertville as a city with two school districts. Hudson stated that he does tend to be more Albertville centered to do what is best for Albertville residentsandstated they cannot rely on others outside of Albertville to do what is best for all Albertville residents. Aaron Cocking, 11614 Laketowne View NE, presented figures to Council of what Town Lakes neighborhood sends to Elk River School Districtin taxes. Erin Remme, 6741 Lakeview Circle NE, thanked the Council for listening to them. She stated residents hadapproached the STMA School District about getting busesto Towne Lakes and Hunters Pass area if the parents agreed to pay for the transportation and the STMA School Board were not welcoming to them as they were not part of the district. She thanked the Council for listening to their concerns. Jason Priebe, 6744 Lakeview Circle NE, stated that Council is here to represent the constituents and asked Council to work with the STMA School District as they have more pull with them and residents from his area do not. He asked Council to help them be part of the larger community. th Jim Erickson, 6760 67Street NE, stated that hehas frustration with the commute to schools in the Elk River School District. He stated that he has a daughter with special needs, so they must go through the school district they live in to provide her special needs education. He stated that she is on the bus for two hours a day for schooling for two and a half hours. He stated there is some overwhelming frustration with the having friends in the Elk River schools who are a half hour away. Ted Carlson, 6900 Lydia Circle NE, stated there are safety concerns due to no bussing for the open enrolled students in Towne Lakes and Hunters Pass. He stated there are already traffic issues at Middle School West due to all the students being dropped off and inclusion into the STMA School District may relieve some of that. JR Burke, 11570 Laketowne View NE, spoke on behalf of his son who is a STMA Knight. His son is an athlete and wants to be part of the community. He felt this is a legitimate concern and asked Council to direct staff to bring the groups involved into discussion. Aaron Trant, 6945 Lydia Circle NE, stated the experience with the bussing issue with the STMA School Board was bad and many of his neighbors have given up. He asked the Council for their help. City Council Meeting MinutesPage 4 Regular Meeting of May 2, 2016 Agenda Page 7 Hendrickson stated she would like to see some type of resolution from the Council that supports bringing the conversation to the STMA School Board. Motioned by Hudson to resolve to pursue inclusion of the neighborhoods north of I-94 into the STMA School District. Sorensen stated that he came into the conversation firmly believing it is a school district issue. He stated that ultimately it will be a school district decision, but he sees how the Council can bring resident’sconcerns forward to the school districts. Olson stated he is open to talking to both districts. Hudson amended his motion to resolve to pursue investigation of inclusion of neighborhoods north of I-94 into the STMA School District. A member of the audience asked Olson why is torn on the issue. Olson responded that they need to listen to both districts as they both have boundaries within Albertville. Motion seconded by Vetsch. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 3).Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) FYCC Olson reported they will be working on the budget in the next couple of months. He stated there may be some cost increases due to minimum wage requirements and increased staffing needs. Summer activities are set. Nafstad stated they are looking into identifying key functions of FYCC. Hendrickson stated that she has heard many positive things about FYCC and its new location near City Hall. 4).Park Committee Notes Explore Your Parks Night is set for Friday, May 20 from 6:00-8:00 p.m. 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 April 18, 2016 Local Board of Appeals and Equalization meeting minutes as presented B. Approve the April 18, 2016 regular City Council meeting minutes as presented C. Authorize the Monday, May 2, 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 D. Accept the Accounts Receivable report through April 25, 2016 st E. Accept the 2016 1Quarter Budget to Actual Report City Council Meeting MinutesPage 5 Regular Meeting of May 2, 2016 Agenda Page 8 F. Approve a Temporary 3.2% Malt Liquor License for the Knights of Columbus for the 2016 Albertville Friendly City Days festival held in Central Park G. Adopt Ordinance 2016-02 and Ordinance 2016-03 adopting minor revisions to Title 2, Chapter 2, Planning Commission, and Title 10, Chapter 7, Sign Regulations H. Approve Resolution 2016-011 approving the Minnesota Lawful Gambling LG230 application to conduct bingo on Saturday, June 11, 2016 during Albertville Friendly City th Days at St. Albert Parish Center, located at 11400 57Street NE Motioned by Vetsch, seconded by Sorensen, 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 Clerk 1).Liquor Compliance Violation th Clerk Olson reported that Emma Krumbee’s, 11935 59 Place NE, had received a liquor violation. She stated it is the second one in the last year, but is the first violation for the new ownership of the restaurant. Emma Krumbee’s paid their fine to the State. The Council can impose a civil fine, but staffrecommended training for all serving staff and management in lieu of a fine. Nafstad clarified the Council had taken similar action in the past and waived the fine if the establishment complied with other requirements set by Council i.e. purchase of I.D. reader, etc. Hudson inquired how staff would ensure the training is completed. Clerk Olson stated that she can receive attendance lists from Wright County Public Health who provides the training and will also require a list of all servers and managementstaff at Emma Krumbee’s. Motioned by Olson, seconded by Hudson, to require liquor compliance training for employees of th EK Restaurant, LLC, DBA Emma Krumbee’s, located at 11935 59Place NE in lieu a civil fine for a liquor compliance violation. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. B.Fire 1).Wright County Multi-Hazard Mitigation Plan Bullen reported the plan is essentially an extension of the Emergency Operations Plan. The Multi- Hazard Plan deals primarily with natural disasters. It is a FEMA requirement. It also allows cities to receive Federal funding for natural disasters as well allows cities to give money to prevent disasters such as floods. Motioned by Sorensen, seconded by Olson, to approve Resolution No. 2016-012 entitled A Resolution Adopting the Wright County Multi-Hazard Mitigation Plan. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. City Council Meeting MinutesPage 6 Regular Meeting of May 2, 2016 Agenda Page 9 2).Purchase of New Rescue/Medical Response Unit Bullen reported the current Fire Rescue vehicle serves redundant functions of Engine 11 and responds mostly to medical calls. Staff is recommending the purchase of aChevrolet Suburban to be used as the primary medical response vehicle. The current Rescue would be sold to offset the cost of the new vehicle. He stated the capital funding currently set aside for the Rescue would be put towards the replacement of Tender 11 in five years. Motioned by Hudson, seconded by Olson, to authorize the purchase of a new red Chevrolet Suburban fleet vehicle under State Contract; and authorize the purchase and equipping of emergency equipment and graphic lettering, based on low quotes, for a total purchase amount not-to-exceed $60,000. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. C.Public Works/Engineering 1).2016 Traffic Signal Painting Nafstad reported he received quotes for the painting of signal lights at two intersections. Olson inquired about the cost share agreement with Wright County for County roads. Nafstad replied the County is responsible for controllers and timing of signal lights, but electricity and painting are the City’s responsibility. Motioned Olson, seconded by Vetsch, to approve the proposal of Pole Painting Plus in the amount of $11,375 to prep and paint the signal systems at CSAH 19 and CSAH 37, and at CSAH 19 and Outlet Mall. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2).Main Avenue Railroad Crossing – Discussion Nafstad showed a concept plan for the crossing and stated plans are on file if Council wished to see more. They are still waiting for the contract back from BNSF Railroad. 3).Central Park Ballfield Lights –Discussion Nafstad reported the Parks Committee has been discussing the lighting of the baseball field in Central Park. He stated the estimated cost is about $225,000 and provided maps showing the placement and lighting given off by the lights. Guimont reported that the Albertville Lions are willing to donate $25,000 and the STMA Youth Baseball would be willing to donate $6,000. Sorensen inquired if this project would limit any future park projects. Guimont stated Council has discussed using $150,000 of the $300,000 general reserves for park improvements. Nafstad also stated that any remaining costs should be funded by park dedication funds rather than capital. Lannes explained that park dedication funds are for new items in the parks whereas capital funds are used for park and trail improvements to existing infrastructure. Hudson inquired if there are other alternate projects the Parks Committee is considering. Guimont responded the Parks Committee recommendation would be different if they did not have the $150,000 from general reserves. Vetsch has heard from FYCC that there is a need for lights. City Council Meeting MinutesPage 7 Regular Meeting of May 2, 2016 Agenda Page 10 Council directed staff to bring back a final amount for approval at one of the next meetings. D.Finance –None E.Planning/Zoning –None F.Building –None G.Legal 1).City Attorney Report H.Administration 1).City Administrator’s Update Nafstad reported that SRF has provided staff the draft traffic study for Middle School West. Nafstad stated the I-94 Coalition is hosting the third annual First Responder’s Luncheon on Wednesday, May 18 and Albertville’s Fire Lieutenant Matt Minette is being honored. Nafstad reported that two members of the Council will be out of town for the May 16 City Council meeting. He stated the agenda is light and the meeting could be cancelled. Motioned by Hudson, seconded by Sorensen, to cancel the May 16, 2016 City Council meeting. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Sorensen added they could meet if any critical business came up. Olson asked staff to explore additional options for the light poles for the baseball field lights. 2).Personnel Committee - Administrator Wage Increase Recommendation Hendrickson stated the Personnel Committee met and reviewed the salary survey for Minnesota. Olson stated they reviewed the survey and felt Albertville wasslightly under similar cities. He stated that the Administrator has not had any steps other than cost of living since the Administrator began. Hendrickson reviewed the accomplishments achieved in the last several years and stated the Administrator has received positive reviews. Hendrickson stated that because the position is unique, the position did not have step pay increases as with other City positions. This increase would be in place of a step. Motioned by Vetsch, seconded by Hudson, the approve increase in City Administrator/Public Works Director annual salary from $111,756.06 to $124,000, effective May 2, 2016. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. City Council Meeting MinutesPage 8 Regular Meeting of May 2, 2016 Agenda Page 11 9.ANNOUNCEMENTS AND/OR UPCOMING MEETINGS 10.ADJOURNMENT Motioned by Olson, seconded by Sorensen, to adjourn the meeting at 9:38 p.m. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk City Council Meeting MinutesPage 9 Regular Meeting of May 2, 2016 Agenda Page 12 Mayor and Council Request for Action June 2, 2016 SUBJECT: C-F–PB ONSENT INANCEAYMENT OF ILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTIONTO: Authorize the May 16, 2016 and June 6, 2016 payment of the claimsas presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing isavailable for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded)and key issues will be presented in the claims listingdocument. POLICY/PRACTICESCONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims(under separate cover) RCA M:\\Public Data\\City Council\\Council Packet Information\\2016\\060616\\2016-06-06 Finance Bills Report ().doc Meeting Date:June 6, 2016 Agenda Page 13 Mayor and Council Request for Action June 1, 2016 SUBJECT: C-CC–CS.ALG ONSENT ITY LERK HURCH OF TLBERT AWFUL AMBLING P ERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the Church of St. Albert Lawful Gambling Exempt Permit Application for the annual Parish Festival that will be held on October 9, 2016 at the St. Albert Parish Center. BACKGROUND: The Church of St. Albert has requested the City Council to approve a Lawful Gambling Permit for their Parish Festival in the fall. The Church of St. Albert is a non-profit, religious organization that holds fund-raising events throughout the year. Their application for lawful gambling will allow them to conduct bingo, raffles, paddlewheels, pull tabs, and tip boards at the Festival. The Parish Festival will be held on October 9, 2016 at the St. Albert th Parish Center, located at 11458 57Street NE. KEY ISSUES: The Church of St. Albert is a qualifying non-profit organization. The Parish Festival is an annual fund-raising event for the church. The Minnesota Gambling Control Board ultimately issues this type of permit, but requires City and/or County approval before issuance. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit. LEGAL CONSIDERATIONS: It is the City’s policy to review and approve or deny gambling permit applications for gambling activity within the City. Responsible Person/Department: Kimberly Olson, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Church of St. Albert Application for Lawful Gambling Permit M:\\Public Data\\City Council\\Council Packet Information\\2016\\060616\\2016-06-06 St. Albert's Gambling Permit.docx Meeting Date: June 6, 2016 Agenda Page 14 Agenda Page 15 Agenda Page 16 Agenda Page 17 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2016-02 AN ORDINANCE AMENDING TITLE 2, BOARDS AND COMMISSIONS, CHAPTER 2, PLANNING COMMISSION NOTICE IS HEREBY GIVEN that, on May 2, 2016, Ordinance No. 2016-02 was adopted by the City Council of the City of Albertville, Minnesota. This chapter of the Code regulates the composition, terms of office, and duties of the Planning Commission. The ordinance adopted included revisions to clearly define the number of members, length of terms, and quorum requirements of the Planning Commission. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2016-02 the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance amendment adopted by the City Council includes the following components: 1.The commission is comprised of five members, an alternate, and a City Council liaison 2.Terms of office are for four years with rotating expiration years among the members. 3.The alternate or City Council liaison may serve in place of a regular member if there is a regular member absent 4.The alternate and City Council may participate in all discussions, but may not vote if all regular members are present A printed copy of the whole ordinance is available for inspection by any person during the City’s regular office hours. This amendment shall be in full force and effective immediately following its passage and publication. th Approved for publication by the City Council of the City of Albertville this 6 day of June, 2016. Attest: Kimberly A. Olson Albertville City Clerk 1 Agenda Page 18 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2016-03 AN ORDINANCE REPLEALING TITLE 10 CHAPTER 7 OF THE ALBERTVILLE CITY CODE, TO ESTABLISH SIGN CODE REGULATIONS NOTICE IS HEREBY GIVEN that, on May 2, 2016, Ordinance No. 2016-03 was adopted by the City Council of the City of Albertville, Minnesota. This Sign Code regulates the number, size, height, and location of signs within the City. The ordinance adopted included minor revisions to help with consistency of terminology throughout the Sign Code. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2016-03 the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance amendment adopted by the City Council includes the following components: 1.Repeal of existing sign code regulations in its entirety 2.The creation of a new sign code whichregulates the number, size, height, and location and includes the following sections: Purpose and Intent Definitions Non-Conforming Signs Prohibited Signs General Provisions District Regulations Special Sign Standards Permit Requirements Violations; Penalties A printed copy of the whole ordinance is available for inspection by any person during the City’s regular office hours. This amendment shall be in full force and effective immediately following its passage and publication. th Approvedfor publication by the City Council of the City of Albertvillethis 6 day of June, 2016. Attest: Kimberly A. Olson AlbertvilleCity Clerk 1 Agenda Page 19 Agenda Page 20 Agenda Page 21 Agenda Page 22 Agenda Page 23 Agenda Page 24 Agenda Page 25 Agenda Page 26 Agenda Page 27 Agenda Page 28 Agenda Page 29 Agenda Page 30 Agenda Page 31 Agenda Page 32 Mayor and Council Communication June 2, 2016 SUBJECT: FDU IRE EPARTMENT PDATE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following update: CALLS FOR SERVICE: 108total calls for the year (May 31, 2016) 62in Albertville o 41in Otsego o GENERAL ADMINISTRATION: Elk River Fire Academy Graduation Wednesday, June 22at 6:00 p.m. at Holiday Inn, 9200 Quaday Avenue NE, Otsego o RSVP Online:https://www.eventbrite.com/e/2016-elk-river-fire-academy- o graduation-tickets-25320430088 Grant Updates: Assistance to Firefighter Grant Program o Computer Scoring Complete Announcements started end of April SCBA Priority Wright County Area United Way o Received $2,000 grant donation Towards purchase of Battery Powered Extrication Tool CenterPoint Energy Community Partnership Grant o Received $1,625 matching grant donation Towards purchase of 3 AED’s for Public Works CenterPoint will be presenting the award at an upcoming Council Meeting DNR o AFD Open House Saturday, June 11, 9:00 a.m. to 12:00 noon o Responsible Person/Title: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: N/A M:\\Public Data\\City Council\\Council Packet Information\\2016\\060616\\2016-06-06 Fire Update.doc Meeting Date:June 6, 2016 Agenda Page 33 Couri & Ruppe, P.L.L.P. Memo To:Adam Nafstad, City Administrator; Albertville City Council From:Mike Couri Date: June 6, 2016 Re:Attorney Report Below is an update of the projects our office has been working on for the City. I-94 Ramp Easement. The State is asking the City to obtain I-94 ramp easement from Albertville Marketplace using a revised legal description as the State wants clearer language in the deed from the City to the State for the ramp easement. The easement area remains unchanged—the State simply wants its specific language used in the easement document. Adam is trying to reach the owner to get the new deed signed. Charter Cable. Charter Cable has replied to our request regarding the free cable service it is to provide to the City. Their contention is that the City is only entitled under Federal law to collect a maximum of 5% in franchise fees, which we are already collecting. Charter believes that provision of free cable service to municipal buildings over and above that 5% is prohibited under Federal law. I will check the law on this and see if Charter’s interpretation is correct. Prairie Run. Fieldstone has closed on seven of the 10 lots on the private street and has closed on two of the 15 lots that went tax forfeit. Fieldstone has four more closings lined up in the coming weeks. Adam and I met with the residents of Prairie Run at a Homeowners’ Association meeting where we effectively passed the administration of the Association from the one resident who has kept the Association alive (with assistance from the City and Fieldstone) to a broader group Page 1 of 3 Agenda Page 34 of Prairie Run residents. At this point the Association is functioning and the City is no longer devoting any resources to the Association—we expect it to be self- sustaining from this point forward. The residents understand that the Association is charged with maintaining the street and will need to collect dues sufficient to properly maintain the street in the future. City Hall Cleaning Contract. I have been working with Adam on preparing a new City Hall cleaning contract. FTTH Cable Franchise. FTTH, which operates a small cable franchise in Towne Lakes, was recently sold to Gigabit, who continues to operate the system. Gigabit has responded to our letter and has sent the City a check for the past due franchise fees they collected since their purchase approximately one year ago. We will followup with a letter to FTTH for past franchise fees due, but we expect they will be difficult to find and even harder to get a response from. th Quiet Title Action—60Street. The City was recently served with a quiet title th action by the owner of the car wash on 60 Street. A quiet title action is a procedure that the property owner undertakes to clear a title problem with their property. Quiet title actions are fairly common and usually do not involve much change in property lines, if any. In this case, the car wash’s original legal description was based on a plat that is not tied in to the County’s section/quarter section marker system. The City was named as a defendant because the City owns th 60 Street to the north of the car wash and a 12-foot alley to the east of the car wash. Upon surveying the property, it was discovered that the building extends th about 2.5 inches into 60 Street on the northeast corner of the lot. The owner of the car wash is seeking to have this 2.5 inches made part of his lot (and no longer classified as a street). While the City could oppose this and fight to keep the 2.5 inches of street, it does not seem worth it to me. If the City were to win, the car wash building would have to be relocated or physically altered so that the building was no longer on the City Street. This would likely cost the City several thousand dollars to contest, and the outcome is not certain. From a more practical standpoint, the City can simply not oppose the action and allow the 2.5 inches to revert back to private property and no longer be City street. The 2.5 inches would th not impact 60 Street in any meaningful way and not contesting this issue would save the City attorneys’ fees and court costs. Unless the Council has an objection, Page 2 of 3 Agenda Page 35 I will convey to the opposing attorney that the City does not intend to challenge the quiet title action. Page 3 of 3 Agenda Page 36 City Administrator’s Update June 2, 2016 GENERAL ADMINISTRATION Joint Fire Service: A pre-meeting workshop will be held at 6:00 PM to review the draft Springsted report on shared fire service. Otsego will be meeting with Springsted on June 13. The report is due to the State by June 30. Leuer/Munsterteiger CSAH 19 Property: Mike Leuer and Ralph Munsterteiger have submitted a development application to rezone Heuring Meadows to B-2A. The public hearing for this request is scheduled for the June 14 Planning Commission meeting. Neighbors Eatery and Saloon: The owner has been sent a letter for the extension request and has until June 30 to comply. School Boundary Discussion: Dr. Behle will be attending Monday’s meeting to discuss the process for changing school boundaries. Taco Bell: Border Foods, Inc. has submitted their application for a restaurant, drive thru, and outdoor dining area for current DJ’s carwash site. This is scheduled for public hearing at the June 14 Planning Commission meeting and the June 20 City Council. Border Foods is working towards a late fall opening. 2016 Elections: Filing for City offices will begin August 2 and run through August 16. Absentee voting for the August 9, 2016 Primary Election will begin on June 24. Campaign signs of all sizes and quantities are allowed beginning June 24. Property Complaints: Staff has received an uptick in property complaints. The City Planner will be holding additional work hours at City Hall to assist in processing each complaint. Ice Arena: The next Design Committee meeting will be June 13. At the last meeting, the nd architect suggested a new concept plan that included a 2 sheet that was parallel to the existing sheet. The Architect suggested a budget of $8.5 million. ENGINEERING/PUBLIC WORKS Ballfield Lighting: Quotes will be presented at the June 20 meeting. Mapping: We are in the process of updating City maps and should have all City maps updated by the end of May. The last full update was in 2013. Main Avenue NE RR Crossing: We have been in contact with the RR and are waiting for the agreement. The work includes replacement of curb, sidewalk, and street patching. Agenda Page 37 th 57 StreetNE: The final lift of pavement is scheduled to beplaced after Friendly City Days.This may occur sooner if weather permits. Lachman Avenue NE Rear Yard Drainage: I expect to have all easements in-hand and begin this work mid- June. Middle School West Traffic Study: County, School, SRF, and City met to review options to improve the flow of traffic in and out of Middle School West. In general, the preferred option will likely include modified signal timing, striping to include a left lane and a thru lane at the westerly driveway, and school zone speed system. I will report back as recommendations are finalized. UPCOMING EVENTS and ANNOUNCEMENTS: AFCD Social Hour: Friday, June 10, Central Park, 5:00 p.m. ATTACHMENTS: AFCD Social Invite City Administrator’s Update Page 2 of 2 June 6, 2016 Agenda Page 38 http://albertvillefriendlycitydays.com/ Agenda Page 39