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2013-10-07 CC MinutesN. Axbertvi l le *0" tom, . +b oar UN1 ALBERTVILLE CITY COUNCIL Monday, October 7, 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, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, City Clerk Kimberly Olson, and Joe Holtz 3. RECOGNITIONS, PRESENTATIONS, INTRODUCTIONS - None 4. PUBLIC FORUM Joe Holtz, Neighbor's Eatery & Saloon, stated he wished to address the underage liquor violation they received in the spring. Hendrickson stated that she would add it to City Council business. 5. APPROVAL OF THE AGENDA Hendrickson added Neighbor's Saloon & Eatery Liquor Violation under City Council business. Sorensen added Oakside Park vandalism under City Council business. Clerk Olson added 152 Club Noise Complaint under City Clerk business. Motioned by Vetsch, seconded by Hendrickson, to approve the agenda as amended 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 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 Page 1 Consent Agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the September 16, 2013 regular City Council meeting minutes as presented B. Approve the September 30, 2013 Joint meeting minutes as presented C. Authorize the Monday, October 7, 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 Lannes asked that another payment be added to the list of claims. The payment is in the amount of $5,850.00 to Underground Piercing, Inc. Motioned by Sorensen, seconded by Wagner, to approve the consent agenda with the above amendment. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent. None. MOTIONDECLARED CARRIED. 7. PUBLIC HEARING — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates Fire Board Sorensen reported they will be having discussions on equipment and capital needs that will be necessary with a long term commitment to serving Otsego. Nafstad stated they would need to look at a ten or fifteen year replacement plan for fleet replacement and additional capital needs. Sorensen stated that an organized practice burn went well for the Fire Department. Vetsch inquired if the Joint Fire Board has discussed adopting the 1306 Fire Code. Sorensen replied that it has been brought up a number of times to the Joint Fire Board. Vetsch stated it would be easier to require sprinklers at the time of building rather than retrofitting a building or they could at least require installation of the piping. Nafstad stated that the industrial area does not have and may not intend to have water service. Vetsch asked if the Fire Code could be applied to specific areas within the service district and Couri replied it would be a determination of the state building official. Hendrickson inquired why there would be such a push to adopt the 1306 Fire Code for all service areas. Couri replied that it is a safety concern for the firefighters and a benefit to property owners as there would be less damage to the building during a fire. Vetsch asked the Council representatives on the Joint Fire Board to continue the discussion. City Council Meeting Minutes Page 2 Regular Meeting of October 7, 2013 Parks Committee Sorensen reported two "Little Libraries" were donated by the STMA Rotary. One is located off of 57h Street NE at the resting area by the Fire Hall. The other is possibly planned for Villas Park along with a bench that was also donated by Rotary. Guimont stated they would most likely take down the "Little Libraries" in the winter time. 2). Memorial Park Sorensen reported the turnout for the Memorial Park dedication was great. There were many from Pelican Rapids in attendance as well as members of the Fire Department. Representative Fitzsimmons was also present at the dedication. Sorensen thanked the Public Works Department for their work on the park, the garden and the installation of the sign. 3). Neighbor's Eatery& Saloon Joe Holtz stated that he wanted the City to know how the underage liquor violation occurred and how they try to run the business. He explained the situation and stated they are very proactive in their liquor law training. The establishment pays for staff's training at Wright County, they use card readers, and have many signs in place showing the legal age to consume alcohol. He stated the individual was not technically an employee and had not punched in yet when the violation occurred. He asked Council to waive the fine for the violation. He stated the underage liquor violation is not how they want the restaurant to be reflected and stated they have worked hard to have above board practices. Couri stated that since the employee was in the establishment, the employee in essence would be considered under the direction of the management. However, he stated the language in the liquor violation resolution allows Council flexibility to be able to waive fines if they choose to do so. Nafstad stated that in past practice a fine was waived if the establishment purchased a card reader for driver's licenses to verify age and eligibility. Holtz stated they use one for liquor sales and one for pull tabs, but the one for liquor was recently broken. However, he wanted to let Council know they have been using the other one and keeping with the practice. Vetsch suggested the money for the fine could be used to purchase a new card reader. Wagner stated he was not opposed to that idea. He stated that he doesn't want to set a precedent of waiving fines, but that if they do, there are City requirements that must be met. Couri stated that if the Council wished to pursue this option, they should stipulate that an invoice and a receipt showing payment for the device be given to the City. Motioned by Wagner, seconded by Hendrickson, to waive the $500.00 f ne upon receipt of proof of card reader purchase. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. City Council Meeting Minutes Page 3 Regular Meeting of October 7, 2013 4). Oakside Park Vandalism Sorensen reported the City received a complaint about vandalism to the park's equipment. Guimont replied they have gone out and removed the foul language and picked up cigarette butts. There are burn holes in the slides and they are expensive to replace. B. Finance 1). Building Interconnection Project/Upgrade Lannes reported that they have met the contractor for the installation of the inground fiber lines and hope to begin that phase of the project next week. Wagner stated that these next two phases are approximately $112,000 of the approximated $200,000 project and he asked about the amount for the fiber quote. Lannes stated they had estimated Phase I to be approximately $80,000, but the low quote appears to be coming in at the mid to high $50,000 range. Lannes suggested they will also want to allow room for other minor costs that may arise during the project. Wagner wanted to verify that any funds not used would remain in reserves for the building and Lannes replied they would. Sorensen inquired about the time frame for the project. Lannes reported they would like to get the fiber lines installed yet this fall and finish with the project by the first of the year. 2). Accounts Receivable Report Lannes indicated the outstanding invoices and stated assessments will go out in November. 3). 3rd Quarter Report Lannes reported that revenues should be at 60% and are currently at 54.1 %. Expenditures should be 75% and are currently at 57.4 %. She stated there has been an increase in building and permit revenue and the City is in good condition. C. City Clerk 1). 152 Noise Complaint Clerk Olson stated they City received at a total of three complaints regarding noise during the 152 Club's September 28, 2013 Oktoberfest event. Vetsch stated he heard complaints from the neighborhood surrounding the establishment that the music was loud enough to shake walls inside homes. Nafstad stated the owner was not aware of the complaints and she estimated they had 800 -850 people attend throughout the event. Nafstad stated the complaints indicated it wasn't the band that was too loud, but the music CD that was played in between sets. Vetsch stated that he would prefer to see more restricted hours; even though it was on a weekend, many are trying to go to bed around 10 p.m. Hendrickson stated that the event is only once a year and good for the business. Sorensen cautioned that additional restrictions would or could apply to Friendly City Days. Brixius stated residents always have the option to call the Wright County Sheriff's Department and the Sheriff's Deputy can require the sound to be turned down. He suggested that for City Council Meeting Minutes Page 4 Regular Meeting of October 7, 2013 future major musical performances the Sheriff's Deputies be notified and paid to be in the area. D. Public Works and Engineering — None E. Planning 1). Planning Update Brixius reported a request will be going to the Planning Commission from John Darkenwald to rezone 88 acres from I -1 to B2 -A. No plans have been submitted, but they need to show for their financing that the City is supportive of their proposal and the City can do that by allowing the rezoning to occur. Brixius stated there is a request for an oversize accessory structure off of Large Avenue NE. Vetsch had concerns that a business could be run of the building. Brixius replied the Conditional Use Permit required for the building would expressly prohibit any home occupation in the building or property. Brixius reported there is a request to reopen the former Sunoco site and to obtain a Conditional Use Permit for a drive - through service lane. He said there are concerns with the flow of the drive - through service lane. On the positive side, they would be getting a tenant in a currently vacant space. However, it is up to the applicant to prove the workability of the site. F. Building — None G. Legal 1). City Attorney Report Court reported that he heard back from Charter Communications that Federal rules allow Charter to implement a user fee that would be passed onto the customers if $10,000 in funds were given to the City for recording equipment. He stated that he could work with another firm who specializes in this area to get their determination of the regulations and inquired if the Council would like him to pursue the issue. He stated the cost would be a couple hundred dollars; one advantage is the firm may have worked with another city that has dealt with this issue. Council discussed several ways other cities record their meetings. Wagner was supportive of spending up to $200 on the firm if it means they could end with funds for the camera. Council directed Couri to engage the other firm. Sorensen stated the City collects an annual franchise fee that goes into the general fund and he felt it should go back to the public and should be looked at the next time the franchise renewal is up. Vetsch stated that it does benefit the taxpayers as it offsets the levy needed each year. H. Administration 1). RiverRider Transportation Agreement City Council Meeting Minutes Page 5 Regular Meeting of October 7, 2013 Nafstad reported the agreement is between Albertville, Hanover, Otsego, and St. Michael for bus transportation between the cities. He stated that it would be ten hours of service per week and the agreement is for a three year period. The combined cities are responsible for 15% of the cost. If there are no rides, the cost to Albertville would be $1,035; however, the cost is reduced by every paid fare and the cost could be zero if they reach 3,300 rides. He anticipates it will mostly be utilized by seniors and it was in fact advocated for by the seniors. Olson felt this is a good thing for the community and Nafstad stated this is the most cost effective way to provide transportation to the community. Hendrickson asked staff to make sure it is promoted in City resources. Motioned by Hendrickson, seconded by Sorensen, to approve the RiverRider Agreement for shared public transportation services between the Cities of Albertville, Hanover, Otsego, and St. Michael, subject to no material changes being made by one of the other parties. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent. None. MOTIONDECLARED CARRIED. 2). City Administrator's Update Nafstad reported Guardian Angels has asked for a small change to the site plans that Council had previously approved. The change would be to remove a small pond on the east of Kassel Avenue NE and they have checked with the MPCA about removing the pond. Couri stated Council would need to make a motion adopting the corrected site plan. Motioned by Vetsch, seconded by Hendrickson, to approve the Guardian Angels plan set dated October], 2013 for the Engel Haus project. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent. None. MOTION DECLARED CARRIED. Nafstad reported Wright County is seeking input from cities about its road funding policies. He would like to submit several recommendations to the County. He felt there are some disparities in the current policy where cities over 5,000 population have more costs for road projects even though they contribute more to the tax base. He also felt that traffic signals should be funded by the jurisdiction of each leg of the intersection. Vetsch inquired if the funding policy mentioned bonding for transportation projects and if Council will have time to come up with more ideas. Nafstad replied they could take more comments at the next meeting. Nafstad also felt federal funding dollars could be applied to the road projects first and then move onto the County's funding plan. Hendrickson stated that any comments the Council had about the funding policy be directed towards Nafstad. 10. ANNOUNCEMENTS and /or UPCOMING MEETINGS October 7 City Council, 7:00 p.m. October 8 Planning Commission, 7:00 p.m. City Council Meeting Minutes Page 6 Regular Meeting of October 7, 2013 October 14 October 21 October 28 November 4 November 11 November 12 November 18 November 25 November 28 November 29 STMA Ice Arena Board, 6:00 p.m. City Council, 7:00 p.m. Joint Powers Water Board, 6:30 p.m. City Council, 7:00 p.m. Veterans Day, City Offices Closed 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. Parks Committee, 8:00 p.m. Thanksgiving Day, City Offices Closed City Offices Closed Hendrickson stated the groundbreaking ceremony for Guardian Angels will be on Wednesday, October 9, 2013 at 2:00 p.m. for any who wish to attend. 11. ADJOURN MEETING Motioned by Wagner, seconded by Olson, to adjourn the meeting at 8:40 p.m. Ayes: Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent. None. MOTION DECLARED CARRIED. Respec lly ubmitted, Kimberly . Olson, City Clerk City Council Meeting Minutes Page 7 Regular Meeting of October 7, 2013