2019-08-05 City Council MinutesNbertville
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ALBERTVILLE CITY COUNCIL
Monday, August 5, 2019
APPROVED MINUTES
ALBERTVILLE CITY HALL
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Acting Mayor Vetsch called the meeting to order at 7:02 p.m.
2. ROLL CALL
Present: Acting Mayor Vetsch, Councilmembers Cocking, Halling and Olson
Absent: Mayor Hendrickson
7:00 PM
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner
Alan Brixius, Fire Chief Eric Bullen, Finance Director Tina Lannes and City Clerk Kimberly
Hodena
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS - None
4. PUBLIC FORUM
There was no one present for the forum.
5. AMENDMENTS TO THE AGENDA
Nafstad added "No Truck Routes" as Item F1 under Public Works.
Motioned by Cocking seconded by Halling, to approve the Agenda as amended. Ayes: Peach,
Cocking, Halling and Olson. Nays: None. Absent. Hendrickson. 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 July 15, 2019 regular City Council meeting minutes as presented
B. Authorize the Monday, August 5, 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
Page 1
C. Approve a One -Day Temporary Intoxicating Liquor License for the Albertville Lions Car
Show, extend the park hours to 11:00 p.m. and approve the closure of Main Avenue NE
from 59d' to 58d' Street, 58d' Street from Main Avenue NE to Lander Avenue NE, Lander
Avenue 58d' to 57d' Street NE for the Albertville Lions annual Cruisin' and Rock'n Car
Show on Saturday, September 7, 2019 from 3:00-10:00 p.m.
D. Approve the partial closure of 58 h Street NE at 10778 58d` Street and 10440 62" d Street NE
from 10408 through 10460 62"d Street NE for the annual National Night Out event on
Tuesday, August 6, 2019
E. Approve a One -Day Temporary 3.2% Malt Liquor License for the Church of St. Albert's
Annual Parish Festival and approve the closure of Lander Ave NE between the Church of
St. Albert and the Parish Center from 8:00 a.m. to 5:00 p.m. on Sunday, September 15,
2019
F. Waive the liquor license fee for the Foxtailers Snowmobile Club for a One -Day Temporary
On -Sale Intoxicating Liquor for the Albertville Centennial Celebration on Saturday,
September 21, 2019
G. Set a Budget Workshop to immediately follow the regular August 19, 2019 City Council
meeting
H. Reduce Letter of Credit No. 631834603, held as security for the Karston Cove 5d'
development, to no less than $15,152 conditioned on any outstanding balances owed to the
City being paid in full
Motioned by Cocking, seconded by Olson, to approve the Consent Agenda as amended. Ayes:
Vetsch, Cocking, Halling and Olson. Nays: None. Absent. Hendrickson. 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)
Fire Advisory Committee
Olson reported that they discussed the payback for the two new fire trucks with Lannes showing
options for a five, seven or ten year payback plan. He reported fire calls are at a record high to date.
Otsego purchased land for a future fire hall; there are no set plans as of now. Olson reported the cost -
share ratio for fire service is Albertville at 5 1 % and Otsego at 49%. Bullen stated there is another
three years of the current contract after 2019. Nafstad stated that Otsego may want to revisit
discussions of a joint powers agreement.
City Council Meeting Minutes Page 2
Regular Meeting of August 5, 2019
B. Legal
1). Solicitor Ordinance Modifications — Discussion
Couri reported that the proposed ordinance has significant changes to the current solicitor ordinance.
He stated that the changes are due to recent state and federal court rulings that have ruled against
cities with strict restrictions on such activities. The courts have ruled that limiting hours of sales
prohibits commercial speech and is against the 1st Amendment of the Constitution. He added that a
government entity must show a significant and compelling reason for limitation of hours. He stated
that the City of Bloomington was sued and the judge ruled against their ordinance. He reminded the
Council of the correspondence from a company licensed in Albertville that hinted at such action and
the stand down agreement the city and the company reached. The current ordinance only allows
soliciting between the hours of 9:00 a.m. and 4:00 p.m. He suggested amending the ordinance in
order to avoid a lawsuit where the city could possibly be responsible to pay the other party's
attorney's fees. The proposed hours are 7:00 a.m. to 9:00 p.m.
Cocking inquired why they should have hours in which to solicit at all if they can't restrict them the
way they want to. Couri reported he has been working with the League of MN Cities and his contact
there said 9:00 p.m. seems to be the time that is a break point for the courts. Couri said there may be
more latitude with start time if Council was uncomfortable having it at 7:00 a.m., such as waiting
until kids are in school. Bullen felt there needs to be a cutoff time for safety reasons and to prohibit
prowling and loitering. Cocking felt that a compelling government reason could possibly vary by
entity.
Couri then walked through the other minor changes. He stated that he had included language
regarding issuance of a license after a background check, but the city currently does not do
background checks and issues them over the counter. He stated that the Council may want to leave
that language out. If a conviction of a certain type is found, he is not sure if they could legally deny
the license. Cocking and Halling felt background checks should be done. Halling suggested listing
the type of felonies/convictions that the city would not accept or issue a license to. Couri replied
that if a person's time has been served and their rights restored, it may be a problem to deny; he
would like to review other court cases and bring back for more discussion before any action is taken
on the ordinance. Cocking also had concerns about out of state convictions.
Couri stated that they most likely need to reduce the fee as they can only charge actual costs.
Nafstad asked Couri if there is a benefit to licensing soliciting. Couri stated that there is a benefit to
know who is in the community. Hodena stated she informs the sheriff's office who is licensed so
they also know who is out in the neighborhoods. Also it provides contact information in case staff
needs to contact the company.
2). City Attorney Report
There were no questions on the report.
C. Fire — None
D. Finance — None
City Council Meeting Minutes Page 3
Regular Meeting of August 5, 2019
E. City Clerk —None
F. Public Works/Engineering
1). No Truck Routes Discussion
Nafstad asked the Council about posting no truck signs on certain residential streets.. The roads
proposed to have signs would be 51St Street NE, 55' Street NE, 57t' Street NE, and Main Avenue
NE. Nafstad discussed the process and ordinance that would be needed. Council saw no issues with
such an ordinance and Nafstad will draft an ordinance for Council's review.
G. Planning/Zoning — None
H. Building —None
I. Administration
1). Daze & Knights Social Event Invitation
Nafstad reminded Council of the Daze & Knights social event on Friday at 5:00 p.m. in St. Michael
2). Sheriffs Monthly Report
Olson inquired if they could see the monthly report with the previous month's calls. He would like
to see the difference in number of calls. He also inquired if it would be possible to see surrounding
communities' monthly call reports for comparison. Bullen stated that those cities may receive
reports including self -initiated calls, so they would need to ask for those to be removed in order to
compare with Albertville calls.
9. Announcements and/or Upcoming Meetings
August 12 STMA Ice Arena Board, 6:00 p.m.
August 13 Planning Commission, 7:00 p.m.
August 19
August 26
September 2
September 3
September 9
September 10
September 16
September 21
September 23
September 30
10. ADJOURNMENT
City Council, 7:00 p.m.
Budget Workshop, Immediately Following
Joint Powers Water Board, 6:00 p.m.
Parks Committee/Centennial Planning, 7:00 p.m.
City Offices Closed, Labor Day
City Council, 7:00 p.m.
STMA Ice Arena Board, 6:00 p.m.
Planning Commission, 7:00 p.m.
City Council, 7:00 p.m.
Centennial Celebration, 11:00 a.m.-8:00 p.m.
Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
Joint Governance Meeting, TBD
City Council Meeting Minutes
Regular Meeting of August 5, 2019
Page 4
Motioned by Vetsch, seconded by Olson, to adjourn the meeting at 9:43 p.m Ayes: Vetsch,
Cocking, Hailing and Olson. Nays: None. Absent: Hendrickson an Halling. MOTION
DECLARED CARRIED.
Respectfully submitted,
Kimberly A. odena, City Clerk
City Council Meeting Minutes Page 5
Regular Meeting of August 5, 2019