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2019-05-20 City Council Minutes�VV` �ibcrtvijjc S.-I 7— Wwo. aig cr„ w,. ALBERTVILLE CITY COUNCIL Monday, May 20, 2019 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Acting Mayor Vetsch called the meeting to order at 7:01p.m. 2. ROLL CALL Present: Acting Mayor Vetsch and Councilmembers Cocking and Olson Absent: Mayor Hendrickson and Councilmember Rebecca Halling 7:00 PM Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Alan Brixius, Water/Wastewater Supervisor John Middendorf and City Clerk Kimberly Hodena Others Present: Wright County Commissioner Michael Potter, Lauryn White, Steve Hinkemeyer 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. Wright County Board Update Commissioner Potter provided an update on the new government center building. He explained the differences between building a new facility rather than repairing the current government center. Potter mentioned that there seems to be some false information circling and he clarified what had been budgeted for and what had not been. He stated that there is talk of a reverse referendum. He stated a new government center will allow for a proper data backup system, an emergency management center, an alternative dispatch center and will meet ADA requirements. If repairs were to occur at the current government center, it would require a parking ramp in the heart of downtown Buffalo. Vetsch inquired if bids have already been received and Potter replied they have not, but the county board has a fair understanding and idea of what costs would be. He stated this would be the last major building constructed for decades. 4. PUBLIC FORUM Steve Hinkemeyer, 5367 Lambert Avenue NE, was present to discuss his frustrations with Curbside Waste. He stated they entered into a contract three years ago and now decided to switch service providers. When he called Curbside, he was informed that his contract automatically renews each year. His complaint was the fee that was needed to cancel early, the poor customer service and the Page 1 fact that he was not informed or sent a letter disclosing the auto renewal. He wanted to make the Council aware of not only of his frustrations, but others as well. He asked that the Council consider requiring contractors to inform any customers of auto renewals. Vetsch and Cocking both thanked Hinkemeyer for sharing his experience and informing the Council. 5. AMENDMENTS TO THE AGENDA There were no amendments to the agenda. Motioned by Cocking seconded by Olson, to approve the Agenda as presented. Ayes: Vetsch, Cocking, and Olson. Nays: None. Absent. Hendrickson and Halling. MOTIONDECLARED 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 April 15, 2019 regular City Council meeting minutes as presented B. Approve the April 15, 2019 Local Board of Appeals and Equalization meeting minutes as presented C. Approve the April 29, 2019 Joint Governance meeting minutes as presented D. Approve the April 29, 2019 City Council workshop meeting minutes as presented E. Authorize the Monday, May 6, 2019 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 F. Authorize the Monday, May 20, 2019 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 G. (Removed) H. (Removed) I. Approve the Church of St. Albert Lawful Gambling Exempt Permit Application for the annual Parish Festival that will be held on September 15, 2019 at the St. Albert Parish Center J. Adopt Resolution 2019-023 approving an Off -Site Gambling Permit for the STMA Youth Hockey Association for Albertville Friendly City Days on June 8, 2019 Olson removed Items G and H from the Consent Agenda and placed as Items D2 and D3 under City Clerk. Motioned by Cocking, seconded by Olson, to approve the Consent Agenda as amended. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent: Hendrickson and Hailing. MOTION DECLARED CARRIED. City Council Meeting Minutes Page 2 Regular Meeting of May 20, 2019 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, dPWB, Parks, Fire Board, FYCC etc.) STMA Ice Arena Board Cocking updated the Council on options for addressing a hot water heater or RO water for the old sheet of ice. He indicated that it was originally included in the bid, but was subsequently taken out by the school. He indicated there was not a willingness to use the water heater in the new ice sheet for both sheets. He stated the Arena Board did not approve removal of that item and now there will be additional costs to the entities to figure out a solution. He felt that the solution be done correctly at the onset. B. Planning/Zoning 1). Planner's Update Brixius reported that staff has received a request to rezone the property located at 6737 LaBeaux Avenue NE to a PUDB2A. He stated there are a number of outstanding issues on the site including lack of fire suppression, illegal outdoor storage, and non -permitted uses that need correction. He stated there was an original light industrial use on the site, but the property was rezoned 132A when the Shoppes at Town Lakes developed. The property owner wishes to bring a new tenant into the building that would be a cabinet finishing company that has a low intensity industrial use. Staff recommends rezoning to PUD/ 132A to create a specific zoning district for the property. A current tenant is also pursuing a CUP for minor auto repair to become compliant with the zoning. However, the application is incomplete at this time. Brixius reported the Heuring Meadows high density residential concept was presented to the Planning Commission. The commission agreed this type of housing is lacking in Albertville, but requested a traffic study be completed, the developer outlines the type of amenities that will be available, and more information be provided on management and tenant vetting. Brixius informed the Council that Federated Coop is looking to add an additional 10,000 gallon tank that would hold diesel fuel. Staff recommends that a fire study be completed to address mitigation of risks due to the flammable nature of the tank contents. St. Albert Church is looking to potentially expand the church and will be meeting with staff to discuss. Brixius stated there was some interest in the Lenz property (NE corner of Barthel Industrial Drive and 50"' Street) by a developer. 2). Northeast Albertville Trails Brixius reviewed the current trail plan. The plan was created in 2011 due to receipt of grant funds and identified trails types and design standards. The plan was also adopted as part of the City's Comprehensive Plan. Nafstad felt they were making good progress on the plan by including City Council Meeting Minutes Page 3 Regular Meeting of May 20, 2019 sidewalk and trail improvements into city street improvement projects. Nafstad stated he has received requests for system improvements and better connections over by Villa Bar & Grill/former Heidi's site and for a pedestrian bridge over the freeway. C. Public Works/Engineering 1). Fire Hydrant Maintenance Policy Nafstad reported that a toddler received a fiberglass burn from rubbing one of the hydrant flags. The proposed policy documents the current practice for inspection and maintenance. Cocking suggested a minor amendment that hydrant flags are replaced as needed. He did not feel that all flags needed to be replaced for the amount quoted to staff. Motioned by Vetsch, seconded by Olson, to approve the Fire Hydrant Maintenance Policy as amended. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent. Hendrickson and Halling. MOTION DECLARED CARRIED. 2). Barthel House Nafstad reported he received two quotes to demolish the house located 11458 58"' Street NE. The garage and the driveway will remain and Public Works will provide the backfill material. Cocking would like the Fire Department to use the home as a practice burn. Nafstad stated the department would like to use the house for some type of fire practice, but not a burn. Olson asked what the garage will be used for and Nafstad replied it would be used to store Public Works equipment. Motioned by Vetsch, seconded by Olson, to approve demolition by Rachel Contracting in the amount of $22,780. Ayes: Vetsch and Olson. Nays: Cocking. Absent: Hendrickson and Halling. MOTIONED DECLARED CARRIED. Cocking stated he voted nay to express his original objection to the overall project and the associated added costs with it and delay in road improvements. 3). CSAH 19 Update Nafstad reported bids were opened for the CSAH 19/70�' Street Improvements and came in 37-40% higher than anticipated. Wright County rejected the bids and will bid the project again in the fall. Nafstad stated only two bids were received and the market is hard right now as contractors are too busy to add projects. He added that the cost of bituminous has increased and concrete will likely be an option when the project is re -bid. Cocking clarified that the assessment agreement with the outlet mall will now be on hold. 4). Albertville WWTP and Discharge Improvements Nafstad reported two reasonable bids came in for the project and LaTour was the low bid. Bolten & Menk are recommended to provide engineering construction services. Motioned by Cocking, seconded by Olson, to Approve Resolution No. 2019-024 entitled A Resolution Approving Plans and Specifications Accepting Low Bid for Construction of the Albertville WWTP and Discharge Improvements, Contingent on MPCA Approvals. Ayes: Vetsch, Cocking and Olson. Nays: Nay. Absent. Hendrickson and Halling. MOTION DECLARED CARRIED. City Council Meeting Minutes Page 4 Regular Meeting of May 20, 2019 Motioned by Cocking, seconded by Olson, to Approve construction services proposal by Bolton & Menk, Inc. for an estimated amount of $348,336. Ayes: Yetsch, Cocking and Olson. Nays: Nay. Absent. Hendrickson and Halling. MOTIONDECLARED CARRIED. 5). Wastewater Discharge Project Olson inquired about financing and Nafstad stated the project will cash flow. Olson inquired if there will be a problem starting the project before the sale of the bonds in September. Nafstad replied they have already incurred some costs but the grant money received can assist with those over the summer. Cocking stated there is also the likelihood there will be more funding for wastewater improvements as well. Nafstad clarified the resolutions have been reviewed by the city's bond counsel and the resolutions are required in order to receive reimbursement on costs incurred before for the bond sale. Motioned by Olson, seconded by Yetsch, to Approve Resolution 2019-025 entitled, declaring the official intent of the City of Albertville to reimburse certain expenditures from the proceeds of bonds to be issued by the City. Ayes: Yetsch, Cocking and Olson. Nays: None. Absent. Hendrickson and Halling. MOTIONDECLARED CARRIED. Motioned by Olson, seconded by Cocking, to Approve Resolution 2019-026 committing Cityfunds related to special appropriations grant, through the planned issuance of general obligation sewer revenue bonds, series 2019A. Ayes: Yetsch, Cocking and Olson. Nays: None. Absent: Hendrickson and Halling. MOTIONDECLARED CARRIED. 6). Minor Drainage Projects Review Nafstad reported there are several drainage issues that he wanted to make Council aware of. There is a property along Lander Avenue and 56"' Street that is the low point in the neighborhood. They know the condition exists but this winter was more difficult and Public Works had to clear ice to reduce flooding. There is a fix, but it is approximately $104,000. Cocking inquired if the low point could be filled and Nafstad replied that would just increase the area of the flooding that occurs. Cocking inquired if there is liability to the city if the fix is not done and Couri stated there could be. Nafstad stated another drainage issue exists in the curbline of properties on the south side of 54 V2 Street NE. Sump discharge lines discharge to the street and there is only one catch basin at the east end of the block. The continuous discharge from the sump pumps is has been problematic for the adjacent property owners. Nafstad estimate the fix to be about $45,000 Vetsch felt these issues should have been dealt with when the areas were developed and inquired why they weren't caught at the time. D. City Clerk 1). Stay in the Fight and Farrell's Memorial Day Special Event Hodena reported that Stay in the Fight is a nonprofit that supports military service members. They are holding a special event that will involve music, food trucks, and a walk. They are asking to waive the food truck license fee as their food trucks will only be in Albertville for one day. The food truck vendors don't foresee operating throughout the year. Hodena explained the $75 fee is the City Council Meeting Minutes Page 5 Regular Meeting of May 20, 2019 annual fee for the calendar year. Cocking inquired what is involved in reviewing the license and Hodena stated the point of the license is to ensure food trucks have the appropriate license from the MN Department of Health and have been inspected. Cocking stated he would entertain reducing the fee but not entirely waiving it. He suggested amending the fee schedule to allow a one or two day event fee and an annual fee. Council recommended $25 per food truck for the event. Motioned by Cocking, seconded by Olson, to set Food Unit license fee to $25 per food truck for the Stay in the Fight and Farrell's Memorial Day Event on May 27, 2019. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent: Hendrickson and Halling. MOTIONDECLARED CARRIED. 2). Approve an Intoxicating Temporary On -Sale Liquor License for the Knights of Columbus Council #4174 and the Foxtails Snowmobile Club for June 7-9, 2019 for the 2019 Friendly City Days festival for a flat fee of $100 per organization for the event Olson stated he pulled this item and the next item because one license has a reduce rate while the other does not. Hodena explained that for Friendly City Days, the organizations serving alcohol have always asked for a prorated rate. She explained the cost is $100 per day per group and full price would be $300-$400 per group during the festival. Olson stated that he just wants to be consistent and felt it is worth the conversation. However, he is fine approving the licenses as recommended. Motioned by Olson, seconded by Cocking, to Approve an Intoxicating Temporary On -Sale Liquor License for the Knights of Columbus Council #4174 and the Foxtails Snowmobile Club for June 7-9, 2019 for the 2019 Friendly City Days festival for a flat fee of $100 per organization for the event. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent. Hendrickson and Halling. MOTIONDECLARED CARRIED. 1). Approve an Intoxicating Temporary On -Sale Liquor License for the American Legion Post 567, DBA Liberty Restaurant Bar, for June 1, 2019 for a fundraising benefit for the Dehn family Motioned by Olson, seconded by Cocking, to Approve an Intoxicating Temporary On -Sale Liquor License for the American Legion Post 567, DBA Liberty Restaurant Bar, for June 1, 2019 for a fundraising benefitfor the Dehn family. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent. Hendrickson and Halling. MOTION DECLARED CARRIED. B. Fire 1). Fire Equipment Update Olson reported that they visited the plant where the new fire trucks were being built in Pierce for a mid -build review. He stated how impressive the operation is and how the trucks are definitely well made and by hand. He expects the trucks to be completed within 30 days and the trucks will be delivered to Apple Valley to have the rest of the equipment installed. Cocking stated they should be fully detailed and ready by mid -July. Olson stated what a great job the Fire Department did on the specs for the trucks. City Council Meeting Minutes Page 6 Regular Meeting of May 20, 2019 C. Legal 1). Aptive Environmental, LLC Stand Down Agreement Couri reported that recently a number of individuals from Aptive Environmental applied and received solicitor's permits from the City. Shortly thereafter, the city received correspondence from Aptive's Legal Department requesting the city not enforce the solicitation hours of 9:00 a.m. to 4:00 p.m. Aptive feels this is a violation of the First and Fourteenth Amendments. If the city enforces the curfew, Aptive indicated they will resort to litigation. Couri explained that recent court cases at the State and Federal levels have not ruled in favor of local ordinances and invalidated certain curfews. He stated it has been found to violate freedom of speech. Couri reported he has contacted Aptive and they have agreed to a stand down agreement. He also recommends changing the ordinance to avoid any future litigation. He stated that when the courts have invalidated local ordinances, they have also ruled that municipality pay lawyer fees which could be quite expensive. He recommends the ordinance amendment to allow soliciting until 9:00 p.m. as sunset varies throughout the year. He also stated cities cannot be selective who gets licensed and must apply licensing to all applicants evenly. Motioned by Cocking, seconded by Vetsch, to Approve the Stand Down Agreement between Aptive Environmental, LLC and City of Albertville. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent. Hendrickson and Halling. MOTIONDECLARED CARRIED. D. Finance -None E. Building — None F. Administration 1). City Administrator's Update Nafstad stated the annual social hour during Friendly City Days has been set for Friday, June 7 at -00 p.m. at the depot. Nafstad stated that 60th Street NE is in poor repair and he would like to have it paved as part of this year's street improvement project. Motioned by Olson, seconded by Cocking, to approve the change order to resurface 60`h Street NE as part of the 2019 Street Improvements. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent. Hendrickson and Halling. MOTION DECLARED CARRIED. 4. Announcements and/or Upcoming Meetings May 17 Explore Your Parks Night May 27 City Offices Closed, Memorial Day May 28 Parks Committee, 6:00 p.m. — Depot (location change) June 3 City Council, 7:00 p.m. Jun 5-9 Friendly City Days June 10 STMA Ice Arena Board. 6:00 p.m. June 11 Planning Commission, 7:00 p.m. City Council Meeting Minutes Page 7 Regular Meeting of May 20, 2019 June 17 City Council, 7:00 p.m. June 24 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. 10. ADJOURNMENT Motioned by Vetsch, seconded by Olson, to adjourn the meeting at 9:43 p.m. Ayes: Vetsch, Cocking, and Olson. Nays: None. Absent. Hendrickson and Hailing. MOTIONDECLARED CARRIED. Respectfully submitted, Kimberly A. odena, City Clerk City Council Meeting Minutes Page 8 Regular Meeting of May 20, 2019