Loading...
2017-04-03 City Council MinutesNbertville ALBERTVILLE CITY COUNCIL Monday, April 3, 2017 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:01 p.m. 2. ROLL CALL 7:00 PM Present: Mayor Hendrickson and Council members Cocking. Hudson, Olson, Sorensen, and Vetsch Absent: None Staff Present: City Administrator -PWD Adam Nafstad, City Planner Alan Brixius, Fire Chief Eric Bullen, and City Clerk Kimberly Olson Others Present: Joe Holtz, Tama Holtz, Chris Holtz, and Deputy Josh Hinton 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS - None 4. PUBLIC FORUM — (time reserved 5 minutes) There was no one present at the forum. 5. AMENDMENTS TO THE AGENDA Brixius added telecommunications tower application as Item 2 under Planning. Motioned by Olson, seconded by Cocking, to approve the Agenda as amended Ayes: Hendrickson, Cocking, Hudson, Olson, 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. A. Approve the March 20, 2017 regular City Council meeting minutes as presented B. Authorize the Monday, April 3, 2017 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been Page 1 provided to City Council as a separate document and is available for public view at City Hall upon request C. Accept the 1St Quarter Budget to Actual Report D. Accept the 1 st Quarter Accounts Receivable Report Motioned by Cocking, seconded by Olson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Cocking, Hudson, Olson 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, etc.) Fire Business Meeting Olson reported that he is unable to attend the Fire Advisory Committee meeting on Wednesday and the Fire Business meeting on Thursday. Cocking stated that he has committed to the STMA District Finance Committee on Wednesday and will try to attend Thursday's meeting. FYCC Olson reported they met for the first time this year and staff is working on some changes to the summer programming. Hendrickson inquired what the changes may be and Olson replied that staff is looking at varied times for reading in the park and other events to include more children in the programs. Scheduling for the ballfields has already begun for the season. Joint Powers Water Board Hendrickson reported that the Board watched a video on future plans for the water plant and stated that the plans have been budgeted for. Parks Committee Vetsch asked staff to look at housekeeping of the committee bylaws and to look at term expirations. Nafstad stated that during the Planning Commissioner interviews, the question came up if members should be added to the Parks Committee. He will forward the bylaws to the Committee at their next meeting. Nafstad reported there will be a presentation at the next Council meeting on the Central Park depot. A. City Clerk 1). Neighbor's Liquor License Renewal Clerk Olson explained the liquor license renewal for Neighbor's Eatery and Saloon was not approved at the last meeting due to issues with the property's Conditional Use Permit (CUP). Brixius reported that in 2012 a CUP for outdoor dining was approved. He stated that in March 2016 the City received an original complaint regarding parking for Neighbors. After a site inspection, it was found that the trash enclosure had been converted to an outdoor bar and the trash was no longer in a trash enclosure. The following actions occurred thereafter: City Council Meeting Minutes Page 2 Regular Meeting of April 3, 2017 March 22, 2016 Notice was sent to Neighbor's to remove the outdoor bar and re- establish a trash enclosure to screen the trash equipment and was granted a 60 -day extension to do so May 5, 2016 Letter sent to Neighbor's they had until June 30, 2016 to correct the issue August 1, 2016 $200 citation and letter explaining citation sent to Neighbor's via certified mail September 13, 2016 Neighbor's appealed the violation and stated the neighbor had granted permission for the trash to be on the neighboring property October 27, 2016 Letter sent to Neighbor's that outstanding fines would be certified to taxes and the opportunity to appeal would occur on November 7, 2016 Brixius stated that staff is not asking to hold back the liquor license renewal, but to give Neighbor's a timeframe in which to correct the issues. He reported that trash receptacles along the building would be subject to building and fire code requirements. He stated that continued non-compliance could bring a civil fine up to $2,000. Brixius stated that Mr. Holtz has brought to staff's attention that there are other sites along Main Avenue NE that do not have their trash in their enclosures. Joe Holtz, owner of Neighbor's Eatery and Saloon, was present to address the Council. He stated that he was notified by the City Planner about the outstanding issue a couple of weeks ago and he was taken aback that this was still an issue. He stated they had appealed the citation and didn't hear anything back from the City. He thought the appeal was over and they had won the appeal. He stated they cannot have outdoor dining next to trash receptacles and have received many complaints. He stated that the outdoor bar area is used only one or two days a year and the rest of the year it is used for additional storage, which now does not work for them since they had to remove the tin roof. Holtz stated that other establishments along Main Avenue NE do not have their trash receptacles in an enclosure. He stated there are also more sites within Albertville that do not have trash enclosures such as: • Wastewater Treatment Facility • Border States electric • Old Castle Glass • Boat Repair Shop • Auto Repair Shop • Logo Stop • Geez/152 Club Holtz felt they are being singled out for compliance. Nafstad explained that the original complaint in 2016 was due to parking and the fact the agreement that Neighbor's had with the Church of St. Albert for parking had fallen through. Brixius addressed the other sites and that if they are not in compliance they would be sent compliance letters; other sites may have been grandfathered in when the trash enclosure ordinance was put in place. City Council Meeting Minutes Page 3 Regular Meeting of April 3, 2017 Hendrickson stated that the intent is not to hold their liquor license hostage, but to obtain compliance for the ongoing issue. Hudson explained that at the last meeting the Council had been presented with a blanket approval of the liquor license renewals and what set Neighbor's apart was the fact that this issue has been going on for a year. Hudson asked Brixius about the requirement for the trash enclosure and Brixius stated there is a general trash enclosure provision in the City Code as well what was outlined in the CUP design. He stated staff is open to having the trash receptacles on the neighboring property, but it will still need to be screened. Hudson clarified that compliance was brought about by a complaint and there have not been complaints on other properties in Albertville. Nafstad reported that staff's recommendation is to approve the liquor license renewal and require compliance on the trash enclosure by May 1, and if there is no compliance by then, to pursue the civil penalty. Brixius stated that any changes or modifications will need to go through the building permit process. Holtz inquired about putting the roof back on the outdoor bar area for Friendly City Days. Bullen stated that Neighbor's would need to go through the building permit process to ensure compliance with Fire Code. Cocking stated that there has been resistance with compliance and he is leaning towards voting no on a proposed motion as the liquor license is the only lever the City has to gain compliance. He added that just because there are other properties that do not have trash enclosures, doesn't mean that Neighbor's doesn't have to comply. Holtz reiterated that he did not realize there was still an outstanding issue and inquired if Council would hold up a liquor license of an establishment that has been operating well within the city. Brixius clarified that trash receptacles were moved and the outdoor bar constructed without city approvals and was done on Mr. Holtz's own volition. Nafstad stated there has been a number of staff inspections at the site, there have been multiple mailings sent, and if anything, the City has been too lenient in dealing with the compliance issue. Holtz felt they were being treated unfairly. Hudson stated that there needs to be a plan in place in order to avoid similar issues in the future. If the plan is deviated from, expect there to be compliance issues. Hudson emphasized it is not only about the trash receptacles, it is about the lack of compliance and the open defiance of the authority of the City Council to enforce code requirements. Motioned by Hudson to approve the liquor license renewal for Neighbor's Eatery and Saloon. Hendrickson emphasized the May 1 deadline for the trash enclosures. Cocking inquired if the liquor license could be contingent upon the trash enclosure being completed by May 1. Clerk Olson replied the liquor license renewal date is April 15, 2017. Hendrickson stated there are steps in the City Code that can address the issue if the enclosures are not constructed by May 1. Seconded by Olson, to approve the liquor license renewal for Neighbor's Eatery and Saloon with the agreement the trash enclosures are completed by May 1. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. City Council Meeting Minutes Page 4 Regular Meeting of April 3, 2017 B. Fire 1). 2017 Fire Department Standard Operating Procedures (SOP's) and Guidelines Bullen reported the Department is operating under SOP's that were put into place in 2008 and there was a drug and alcohol addendum added in 2011. Other revisions were started but put on hold until a full-time Fire Chief was hired. Bullen stated the draft SOP's were reviewed by the Board of Officers, department membership, and the City Attorney. The Board of Officers approved the SOP's and if the Council also approves the SOP's, it would be implemented on April 6, 2017. Some of the revisions include updated vision and mission statements, an added code of ethics, hiring and promotional processes, job descriptions, and an added section on fire investigations. Motioned by Cocking, seconded by Hudson, to approve the 2017 Fire Department Standard Operating Procedures and Guidelines. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. C. Planning/Zoning 1). Westwind Park Grant Resolution Brixius reported staff is pursuing a MN Department of Natural Resources grant for Westwind Park. He stated staff has drafted a budget for the improvements to the park in the amount of $347,000 and they are seeking approximately $150,000 in grand funds. There will be two new play structures, bench locations, a boardwalk platform, and the ground cover will be eight inches of engineered fiberwood. The fiberwood will support a wheelchair and make the park ADA compliant. Motioned by Vetsch, seconded by Hudson, to approve Resolution No. 2017-007 allowing the City of Albertville to apply to Minnesota Department of Natural Resources for funding and to meet required match requirements for the Westwind park project. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). Telecommunications Tower Development Application Brixius reported that staff has received a development application for a 90 -foot telecommunications tower to be located at 6575 Labeaux Avenue NE. The applicant states the tower is needed to provide service in the area and to relieve the burden on existing towers. Brixius reported there are two other sites that telecommunication towers can be located within one mile of the proposed site and staff has asked the applicant to address those sites to see if the sites would accommodate their needs. Nafstad stated that the proposed site is an industrial remnant lot and the land use of the site would ultimately be commercial. If the property were in a true industrial park, it would be difficult to deny the application. Hendrickson and Cocking had some concerns with the height and the visibility to the nearby neighborhoods. Brixius also stated there are two ways to view the application: public utility needs versus land use and aesthetics. City Council Meeting Minutes Page 5 Regular Meeting of April 3, 2017 D. Legal 1). City Attorney Report Cocking inquired about code enforcement in the city and how it compares to other municipalities within Wright County. Nafstad reported that code enforcement is 100% complaint driven and Brixius reported this is consistent with other Wright County cities. E. Finance — None F. Public Works/Engineering — None G. Building — None H. Administration Hendrickson reported she testified at the Capitol for the House transportation bill. She indicated there are some differences between the House and Senate bills. 9. Announcements and/or Upcoming Meetings 10. April 5 Fire Advisory Committee, 6:00 p.m. April 6 Fire Business Meeting, 8:00 p.m. April 10 STMA Ice Arena Board, 6:00 p.m. April 11 Planning Commission, 7:00 p.m. April 17 Local Board of Appeals and Equalization, 6:30 p.m. City Council, 7:00 p.m. April 23 Eagle Scout Court of Honor (Council representation), City Hall, 4:00 p.m. April 24 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. May 1 City Council, 7:00 p.m. May 6 Spring Cleanup Day, St. Michael Public Works, 7:00 a.m.-1:00 p.m. May 8 STMA Ice Arena Board, 6:00 p.m. May 9 Planning Commission, 7:00 p.m. May 15 City Council, 7:00 p.m. Mary 19 Explore Your Parks Night, 6:00-8:00 p.m. May 22 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. May 29 Memorial Day, City Offices Closed Hendrickson stated that she is unable to attend the April 23, 2017 Eagle Scout ceremony and asked if there are other Council members interested in attending. Cocking and Hudson replied they would attend the event. City Council Meeting Minutes Page 6 Regular Meeting of April 3, 2017 10. ADJOURNMENT Motioned by Vetsch, seconded by Olson, to adjourn the meeting at 8:55 p.m. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTIONDECLARED CARRIED. Respectlly sub itted, Kimberl . Olson, qty Clerk City Council Meeting Minutes Page 7 Regular Meeting of April 3, 2017