2013-04-01 CC Packet
City of Albertville Council Agenda
Monday, April 1, 2013
City Council Chambers
7:00 PM
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.
M:\Public Data\City Council\Council Agendas\2013 Agendas\040113 Council Agenda.doc
Meeting Date: April 1, 2013
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE – ROLL CALL
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS
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 March 18, 2013 City Council workshop meeting minutes as presented
(pgs 4-5)
B. Approve the March 18, 2013 City Council regular meeting minutes as presented (pgs
6-9)
C. Authorize the April 1, 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 (pg 10)
D. Approve the March 11, 2013 STMA Ice Arena Board regular meeting minutes as
presented (pgs 11-13)
E. Approve the annual renewal of liquor licenses listed in the staff report contingent on
full payment of license fees, proof of liquor liability insurance and Wright County
Sheriff’s review for liquor law violations (pgs 14-15)
7. PUBLIC HEARINGS - None
Agenda Page 1
City of Albertville Council Agenda
Monday, April 1, 2013 Page 2 of 3
M:\Public Data\City Council\Council Agendas\2013 Agendas\040113 Council Agenda.doc
Meeting Date: April 1, 2013
8. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Arena, Planning, JPWB, etc.)
B. Planning/Zoning
1). Code Enforcement Presentation (pgs 16-25)
C. City Clerk
1). Pubhouse 19 Liquor License Renewal (pgs 26-28)
(Motion to approve the annual liquor license renewal for TC Generations LLC
DBA Pubhouse 19 located at 5651 LaCentre Avenue NE, contingent upon: re-
inspection and correction of all outstanding Code violations, payment in full of
license fees, proof of liquor liability insurance, and background check by the
Wright County Sheriff’s Office.)
2). Albertville Friendly City Days Softball/Kickball Tournament (verbal report)
3). Explore Your Parks Night Update – May 17, 2013 (verbal report)
D. Finance - None
E. Public Works / Engineering - None
F. Building - None
G. Legal
1). City Attorney Update (pgs 29-31)
H. Administration
1). City Administrator’s Update (pgs 32-33)
9. ANNOUNCEMENTS and/or UPCOMING MEETINGS
April 8 STMA Ice Arena Board, 6:00 p.m.
April 9 Planning Commission, 7:00 p.m.
April 15 City Council, 7:00 p.m.
April 22 Joint Powers Water Board, 6:30 p.m.
April 29 Joint Meeting with St. Michael & STMA School Board
St. Michael City Offices, 6:00 p.m.
May 6 City Council, 7:00 p.m.
May 13 STMA Ice Arena Board, 6:00 p.m.
May 14 Planning Commission, 7:00 p.m.
May 17 Parks Night Out
May 20 City Council, 7:00 p.m.
May 27 City Offices Closed, Memorial Day
May 28 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 7:30 p.m.
Agenda Page 2
City of Albertville Council Agenda
Monday, April 1, 2013 Page 3 of 3
M:\Public Data\City Council\Council Agendas\2013 Agendas\040113 Council Agenda.doc
Meeting Date: April 1, 2013
APRIL
MAY
Su M Tu W Th F Sa
Su M Tu W Th F Sa
CC 1 2 3 4 5 6
1 2 3 4
7 Ice 8
PZ
9 10 11 12 13
5 CC 6 7 8 9 10 11
14 CC 15 16 17 18 19 20
12 Ice 13 PZ 14 15 16 17 18
21
JP
22 23 24 25 26 27
19 CC 20 21 22 23 24 25
28 JM 29 30
26 H 27 JP28PK 29 30 31
10. ADJOURNMENT
Agenda Page 3
ALBERTVILLE CITY COUNCIL WORKSHOP
Monday, March 18, 013
DRAFT MINUTES
ALBERTVILLE CITY HALL 6:00 P.M.
1. CALL TO ORDER
The meeting began at 6:05 p.m..
Present: Mayor Jillian Hendrickson and Council members Rob Olson, Larry Sorensen, John
Vetsch and Dan Wagner
Absent: Fire Chief Tate Mills
Others Present: City Administrator/Engineer/Public Works Director Adam Nafstad, City
Attorney Mike Couri, City Clerk Kimberly Olson, Sheriff Joe Hagerty, Patrol Lieutenant Todd
Sandin, Sergeant Eric Kunkel, Assistant Fire Chief Jay Eull, Firefighter Kyle Anderson,
Firefighter Dean Eull, Firefighter Brad Lawlinger, Lieutenant Paul Gonsior, Firefighter Rob
Rich, Firefighter Bob Marquette, Captain Bill Valerius, Firefighter Brian Wulff, Samara
Postuma
2. FIRE DEPARTMENT SERVICE AWARDS
Hendrickson and Sorensen acknowledged the years of service of the following Fire
Department members and presented them with certificates:
5 Years Firefighter Kyle Anderson
Firefighter Dean Eull
Firefighter Brad Lawlinger
10 Years Lieutenant Paul Gonsior
Firefighter Rob Rich
Firefighter Ron Tiernan (unable to attend)
15 Years Firefighter Bob Marquette
22 Years Firefighter Duane Berning
23 Years Captain Bill Valerius
Agenda Page 4
City of Albertville Page 2 of 2
City Council Workshop Minutes
March 18, 2013
M:\Public Data\City Council\Council Minutes\2013 Minutes\031813 CC Workshop Minutes - Draft.doc
27 Years Firefighter Brian Wulff
31 Years Firefighter Albert Barthel
Hendrickson stated the Top Caller Award goes to the member who has responded to the most
calls and presented Kyle Anderson with the Award. She stated this is his third consecutive
year to win this award.
Hendrickson stated that the Paul Heinen Above and Beyond Award is given to a member
who displasy personal sacrifice and dedication to the Department and who goes above and
beyond the responsibilities of their regular duties. She stated the award goes to Fire Chief
Tate Mills, who was unable to attend the meeting.
Hendrickson acknowledged the work and many hours the Fire Chief has spent on fire
inspection services in the last five years. She presented a certificate of recognition to
Assistant Fire Chief Jay Eull and thanked him for making Albertville a safer community in
which to live and do business.
3. WRIGHT COUNTY SHERIFF’S UPDATE AND PUBLIC SAFETY DISCUSSION
Sheriff Hagerty reported there has been an increase in calls relating to snowmobile
complaints.
Hagerty stated that Wright County Sheriff’s Department has the largest patrol division in the
stated and that is due to the number of city contracts its holds for law enforcement services.
He explained the contract Albertville holds with the Sheriff’s Office.
Hagerty stated the crime reports were up 2% in 2012. He stated the Outlet mall generates a
large amount of calls within Albertville and makes up nearly half the burglary calls. Peak
calls occur on Fridays and 5:00 p.m. is the busiest time of day.
Hagerty discussed the current trends in drug use in the County. He reviewed the school
resources that the County provides. He stated they are creating new ways the public can
interact and help inform the Department of incidents.
Lieutenant Sandin reviewed the 2012 Wright County Sheriff’s Office Annual Report.
4. ADJOURNMENT
The meeting adjourned at 6:55 p.m.
Respectfully submitted,
____________________________________
Kimberly A. Olson, City Clerk
Agenda Page 5
ALBERTVILLE CITY COUNCIL
Monday, March 18, 2013
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:07 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch and Wagner
Absent: None
Others Present: City Administrator/ Public Works Director/City Engineer Adam Nafstad, City
Attorney Michael Couri, City Clerk Kimberly Olson, City Planner Alan Brixius, Samara
Postuma
3. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS - None
4. PUBLIC FORUM
Tom Fay, 10795 70th Street NE, stated he had a complaint about snowmobilers crossing over
private land and is concerned about liability to him if a snowmobiler were to get injured on his
private property. Couri stated there is a difference when it comes to an invited guest or someone
trespassing on the property. If they are on the property without permission, there is less of a
liability and any liability suits would need to prove the property owner knew about the obstacle
that injured the trespasser.
Fay inquired if the Sheriff’s office could enforce the regulations more or if there are educational
tools that could be used for those snowmobilers new to Albertville. Vetsch stated they could put
an educational piece in the utility bills that includes the rules and regulations. Nafstad reported
they have had an increase in the number of calls relating to this at City Hall.
5. APPROVAL OF THE AGENDA
Motioned by Wagner, seconded by Olson, to approve the agenda as presented. Ayes:
Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Agenda Page 6
City Council Approved Meeting Minutes Page 2
Regular Meeting of March 4, 2013
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 Consent Agenda following the approval of the remaining Consent items. These items will
be approved by a separate motion.
A. Approve the March 4, 2013 regular City Council minutes as presented
B. Authorize the March 18, 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
C. Approve the Friendly City Day’s Committee request for street closings, modified
Central Park hours and other activities
Motioned by Sorensen, seconded by Wagner, to accept the consent agenda as presented. Ayes:
Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
7. PUBLIC HEARINGS - None
8. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Arena, Planning, JPWB, etc.)
STMA Ice Arena
Sorensen stated they would be reviewing the feasibility study for the second sheet
of ice at their next meeting.
B. City Clerk
1). Board of Appeal and Equalization Training
Clerk Olson reported she was given the date for the next Board of Appeal and
Equalization Training and it was set for September 12. She stated that two
members should attend the training to become certified for the 2014 year.
Sorensen and Hendrickson stated they were willing to attend the training and
Wagner indicated he would be willing to be a back up if needed.
C. Planning/Zoning
1). Appoint Planning Commission member
Brixius reported they received two letters of interest, but had one had
withdrawn. There will be two years remaining left in the term. Council may
either make an appointment this evening or refer it back to the Planning
Commission. He stated the candidate was well qualified.
Agenda Page 7
City Council Approved Meeting Minutes Page 3
Regular Meeting of March 4, 2013
Sorensen stated that he would prefer not to hold up the process. Both Sorensen
and Olson believe the candidate would be a good fit with the Commission.
Motioned by Sorensen, seconded by Hendrickson, to appoint Jeffrey O’Brien
to fill the vacant Planning Commission seat. Ayes: Hendrickson, Olson,
Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
D. Legal
1). Appraisal of City-owned lot behind Outlet Mall
Couri reported Council had authorized an appraisal of the 13.6 acre lot owned
by the City. There was interest in using this lot as ponding for future
commercial development. Staff had initial discussions on how the City could be
paid for the land over a period of time as development occurs on the adjacent
lot.
Couri stated the lot would need to sell for $1.7 million to balance the amount
that was borrowed out of the SAC fund. The appraisal came in at $620,000, so
there would still be a deficiency in the SAC fund.
Couri stated it is hard to find buyers right now and this could facilitate building
and tax revenue in the City. He stated the Council does not need to take formal
action on the item now, but should direct staff on whether or not to pursue
developing an agreement on how the lot will be used and how the City will be
paid for the lot.
Vetsch had concerns about tying up the land for long period of time without
development occurring and how the effects on the water table could affect
surrounding properties. Nafstad replied the water table is a valid concern but he
did not think it would be enough to affect the ground water. In addition, he
stated they would not enter into an agreement for the purchase of the land until
there was a commitment of development on the neighboring property. Couri
stated they would work to develop an agreement that outlines the protections the
Council has indicated, but the developer needs some certainty that he will be
able to use the lot for ponding and can begin engaging his engineers to work on
the plans or he will have to find a different location for the ponding.
Couri thanked the Council for their input and reiterated that nothing will happen
until an agreement can be brought to Council for review.
E. Public Works/Engineering - None
F. Finance – None
G. Building – None
Agenda Page 8
City Council Approved Meeting Minutes Page 4
Regular Meeting of March 4, 2013
H. Administration
1). City Administrator’s Update
Nafstad reported the I-94 Coalition is working on promotion for the freeway and
he and the Mayor attended a press conference that Congresswomen Bachman held
at the capital to promote I-94 expansion.
Nafstad reported Wastewater City staff received an award for excellence in
operations at the plant.
Nafstad reported they held the first meeting of the Albertville and Otsego Fire
Board.
9. ANNOUNCEMENTS and/or UPCOMING MEETINGS
March 25 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 7:30 p.m.
April 1 City Council, 7:00 p.m.
April 8 STMA Ice Arena Board, 6:00 p.m.
April 9 Planning Commission, 7:00 p.m.
April 15 City Council, 7:00 p.m.
April 17 Local Board of Appeal & Equalization, 5:30 p.m.
April 22 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 7:30 p.m.
April 29 Joint Meeting with Albertville and St. Michael City
Councils & STMA School Board, 6:00 p.m. at St. Michael
10. ADJOURN MEETING
Motioned by Olson, seconded by Hendrickson, to adjourn the meeting at 7:55 p.m.
Ayes: Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None.
MOTION DECLARED CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
Agenda Page 9
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\040113\04 01 2013 Finance Bills Report (RCA).doc
Meeting Date: April 1, 2013
March 26, 2013
SUBJECT: CONSENT (Finance) – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the MONDAY, April 1, 2013 payment of the claims as 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 is available for public view
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 listing document.
POLICY/PRACTICES CONSIDERATIONS: 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.
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator
Attachment: List of Claims (under separate cover)
Agenda Page 10
ST. MICHAEL-ALBERTVILLE ARENA BOARD
DRAFT MINUTES
March 11, 2013
6:00 p.m.
Present: Chairman Jeff Lindquist and Members Larry Sorensen, Dan Wagner, Gayle Weber and
Chris Schumm were present. Member Kevin Kasel was absent. Also present: City
Administrator/PWD Adam Nafstad, City Finance Director Tina Lannes and Youth Hockey Association
representatives, Tammy Tupper, Kurt Sjelin, Scott Berning, Adam Smiglewski and Mike Marhula.
The meeting was called to order at 6:04 p.m. by Chairman Lindquist.
Set Agenda
Members Schumm/Weber moved to set the agenda as amended. All voted aye.
Approval of Minutes
Members Wagner/Schumm moved to approve the minutes of the February 11, 2013 Board Meeting.
All voted aye.
Finance Reports
Member Weber asked for clarification about the budgeted amount for open skate/hockey asking when
is the largest usage of these hours because of the budgeted for the year in regards to the actual amount
through February. Fitch stated that there are a number of Learn to Skate sessions, but the largest usage
for open skate/hokey is at the end of the peak season for youth hockey which is Mid-March through
September 1st.
Chairman Lindquist referred to the claims register with a bill in the amount of $665.00 to Line One
Partners asking for an update on the process of the communications permanent solution. Nafstad
informed the board that we are still looking at a number of options. One option is a wireless solution
through Nextera and the other option is working with the STMA School District on a fiber connection.
This is a large project and staff will keep the board updated on the process to the communication
permanent solution.
Members Sorensen/Schumm moved to approve the February 2013 list of claims in the amount of
$12,521.25 and the February Financial Report as presented. All voted aye.
Arena Manager’s Report
Roof: Fitch and Nafstad provided a brief update regarding the roof and noted that staff does not know
any solution determined yet. It was recommended that an independent party visit the building
regarding the leaking issue. Member Schumm stated that this issue has urgency and suggested that
staff move forward to a resolution. Nafstad reported that staff meet with the independent party,
continue to meet with the architect, building office and engineer on the issue. Also, work on
exploration with a limited basis with a consultant and then develop a scope to bring back to the board.
Chairman Lindquist agreed with asking for a specialized opinion, to be proactive on the problem and
have staff return to the board with recommendations. Member Weber brought up the issue to expedite
the exploration should the board approve expenditure up to a specific dollar amount or wait. The
board agreed to wait until costs are determined, if they go above budgeted amount for the arena
manager to approve which is $1,500. 00.
Fitch continued his report to the board touching on surrounding area ice arena rates per hour. The
board will approve rates for the current year no later than the May 2013 meeting. The board was
informed that there was a complaint from the L&D Trucking owner about patrons of the STMA Arena
Agenda Page 11
STMA Ice Arena
March 11, 2013 Minutes
Page 2
were parking on their property. Staff has addressed these parking issues by putting up no parking signs
and also a barricade, therefore, these issues seems to be resolved.
Fitch reviewed the Assistant Arena Manager job description pointing out he is on call 24/7 and can’t
take time off from the job for a vacation and pointing out if for some reason he can’t be around there is
no back up to his position as Manager. Lannes when over the details regarding the projected cost of
hiring a full-time Assistant Arena Manager coming to an estimated cost of $51,843 and that even with
a $10 per hour increase there is not sufficient funds in operations to cover the expenditure. Chairman
Lindquist stated that the board needs to consider that an employee feels he can’t take time off which is
a concern also with if he had to leave there is no one qualified to step in. Lindquist asked staff to
research options such as a job share with one of the three entities or other arenas. The board had some
discussion and agreed a solution needs to be presented to them for a solution to the staffing issue at the
arena. Member Schumm asked about each entity contributing $7,000 to operations to cover the new
position. The board directed staff to research the issue and bring it back to the board at the April
meeting.
Old Business
Ballard King Update: Nafstad updated the board on the progress of the feasibility study stating that the
final report should be sent out to the board and youth hockey this week.
2013 Budget: Lannes presented the 2013 preliminary budgets to the board as they were presented at
the February meeting to answer any questions due to her absence. Lannes clarified some of the
expenses budgeted. The budget will be on the April 8, 2013 agenda and should be passed before or at
the same time the board sets the hourly ice rental rates, along with a possible decision on the Assistant
Manager position.
Youth Hockey Association Update
YHA President Sjelin requested time at the April meeting to present their proposal, after receiving the
feasibility report, as a dry run before the April 29th joint meeting. Sjelin also introduced the board
Adam Smiglewski who will be Kurt’s assistant to help the president with meeting, getting information,
and handling activities as assigned by Sjelin.
YHA has had a discussion to get next year’s ice schedule set early to assist ice scheduling and families
to know when they are to be on the ice in advance, rather than a weeks’ notice. This is something they
are going to work on.
Chairman Lindquist asked YHA how the $10 per hour rate increase will affect the skaters. Mike
Marhula reported that with is an estimate the range is $20-50 per child. Member Sorensen clarified
that YHA skaters would account for $9,000 out of the $20,000 annual increase if the rates go up as
requested in the budget at $10 per hour.
YHA was happy to report that they have a number of teams returning and addition of 4-6 new teams
added which is increased activity. In 2012 there were 31 teams and Adam Smiglewski stated with the
new teams they are looking at 2013 with a total of 34-36 teams needing ice time.
Agenda Page 12
STMA Ice Arena
March 11, 2013 Minutes
Page 3
YHA, in closing, discussed the potential of the second sheet of ice, alternate renters and they are just
waiting for the feasibility report results so they can move forward with their proposal in April.
Adjourn
Members Wagner/Sorenson moved to adjourn at 7:26 p.m. All voted aye.
Attest:
__________________________________
Tina Lannes, City Finance Director
Agenda Page 13
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\040113\2013-2014 Renewal RCA.doc
Meeting Date: April 1, 2013
March 27, 2013
SUBJECT: CONSENT -CITY CLERK – ANNUAL RENEWAL OF LIQUOR LICENSES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion(s):
MOTION TO: Approve the annual renewal of liquor licenses listed in the staff report
contingent on full payment of license fees, proof of liquor liability insurance and Wright County
Sheriff’s review for liquor law violations.
BACKGROUND: Each year the City and State of Minnesota Alcohol and Gambling
Enforcement Division must approve the renewal of liquor licenses for establishments within
Albertville. The City must verify there are no outstanding fines or City Code violations for each
establishment. The Wright County Sheriff’s Office must complete a background check of each
establishment to look for liquor law violations within in the last five years. Once Council has
approved the liquor renewals locally, they will be sent to the MN Alcohol and Gambling
Enforcement Division for their approval. The liquor license period for the upcoming year runs
April 15, 2013 to April 14, 2014.
The following liquor licenses are recommended for approval:
Trade Name Licensed Address License Type
152 Club 5794 Main Ave NE/Po Box 34 Sunday On Sale & Off Sale
Geez Sports Bar & Grill 5788 Main Ave NE, Po Box 224 Sunday On Sale & Off Sale
Neighbor's Eatery & Saloon 5772 Main Ave NE, PO Box 134 Sunday On Sale & Off Sale
D's Family Pizza 5262 Kyler Ave NE #115A On Sale Wine & Strong Beer
Hong Thai 5600 LaCentre Ave Suite 110 On Sale Wine & Strong Beer
Patti J's Café 5262 Kyler Ave NE Suite 111 On Sale Wine & Strong Beer
Cedar Creek Bar & Grill 5700 Jason Ave NE Sunday On Sale
D. Michael B's 6550 Lamplight Drive Sunday On Sale
Emma Krumbees Restaurant 11935 59th Place NE Sunday On Sale
Space Aliens Grill & Bar 11166 County Rd 37 Sunday On Sale
Coburn's Liquor 5698 LaCentre Ave NE Off Sale
Heidi's Brew Wine & Spirits 11850 62nd St NE Off Sale
Westside Liquor 11095 61st St NE, Suite P Off Sale
Coburn's 5698 LaCentre Ave NE 3.2 Off Sale
KEY ISSUES:
• Staff is not aware any outstanding fines or City Code Violations for the above
establishments.
• Approval is contingent on full payment of licensee fees, proof of liquor liability insurance
and background check by the Wright County Sheriff’s Office.
Agenda Page 14
Mayor and Council Request for Action –April 1, 2013
City Clerk – Annual Renewal of Liquor Licenses Page 2 of 2
M:\Public Data\City Council\Council Packet information\2013\040113\2013-2014 Renewal RCA.doc
Meeting Date: April 1, 2013
POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and City Council’s policy to
review and approve or deny liquor license renewals for establishments within Albertville.
FINANCIAL CONSIDERATIONS: The following fees are collected for each type of liquor
license and the annual revenue is listed below.
License Type License Fee # of Licenses Revenue
On-Sale Intoxicating Liquor $3,300.00 7 $23,100.00
Sunday On-Sale $200.00 7 $1,400.00
On Sale Wine $110.00 3 $330.00
On Sale 3.2% Malt Beverage $100.00 3 $300.00
Off Sale Intoxicating $150.00 6 $900.00
Off Sale 3.2% Malt Beverage $100.00 1 $100.00
TOTAL: $26,130.00
Department/Responsible Person: Kimberly Olson, City Clerk
Submitted Through: Adam Nafstad, City Administrator
Attachments: None
Agenda Page 15
Code Enforcement
Agenda Page 16
Code Violation Notification Process
1. Complaint(s) are received by the City Staff which processes each complaint
into the City standard complaint file form which documents the complaint date
received, property address, property owner, and nature of complaint.
Agenda Page 17
2. The documented complaint is forwarded to the City Planner, Engineer, Street
Superintendant, and Building Official.
City Engineer
Adam Nafstad
Grading,
Drainage,
Utility
Street Superintendant
Tim Guimont
Grass,
Junk,
Outdoor Storage
Building Inspector
Paul Hienz
Building Code,
Code Enforcement,
Signs
City Planner
Alan Brixius
Zoning Code,
Code Enforcement,
Temporary Sales,
Signs
3. Once City Staff has received the documented complaint Adam Nafstad shall
determine which Staff member is appropriate for pursuance, based on the
nature of the violation, and send out an action requested notice to the Staff
member that will be conducting the site inspection.
Code Violation Notification Process
Agenda Page 18
Action continues as follows:
4. Site inspection is performed and photos are taken by City Staff of the site and
violations.
10690 56th Street
Agenda Page 19
11473 58thSt.
Agenda Page 20
5569 Kalenda Ave.
Agenda Page 21
5. (If Action is found Necessary) City Staff drafts a letter of code violation
notification which is sent to the property owner of the site where the violation has
been confirmed. The letter shall reference the specific code violations, include
photos of the violation and give a deadline date for correcting the violation.
Code Violation Notification Process
Agenda Page 22
6. (Once the Compliance Date is Past) City Staff performs a follow up site
inspection.
**Standard Correction and Abatement Period: Fifteen (15) Days
**Extended Correction and Abatement Period: Thirty (30) Days
a.If site has come into compliance then no further action is necessary.
b. If site has not come into compliance then City Staff shall proceed to Citations.
7. City Staff shall draft a Code Violation Citation that outlines the fine for
noncompliance and gives another deadline for compliance to avoid future citations
and fines. (Repeat from step 4 – second violations more severe penalties.)
Code Violation Notification Process
Agenda Page 23
8. If the Citations fail to secure compliance the City Staff shall approach the
City Council and request authorization to pursue prosecution of the violator
by the City Attorney.
Code Violation Notification Process
Agenda Page 24
DRAFT: Enforcement Policy
Agenda Page 25
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\040113\Pubhouse 19 Renewal RCA.doc
Meeting Date: April 1, 2013
March 27, 2013
SUBJECT: CITY CLERK – PUBHOUSE 19 LIQUOR LICENSE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion(s):
MOTION TO: Approve the annual liquor license renewal for TC Generations LLC DBA
Pubhouse 19 located at 5651 LaCentre Avenue NE, contingent upon: re-inspection and
correction of all outstanding Code violations, payment in full of license fees, proof of liquor
liability insurance, and background check by the Wright County Sheriff’s Office.
BACKGROUND: Each year the City and State of Minnesota Alcohol and Gambling
Enforcement Division must approve the renewal of liquor licenses for establishments within
Albertville. The City must verify there are no outstanding fines or City Code violations for each
establishment. Pubhouse 19 currently has 10 outstanding Fire Code violations and has been
given until March 29, 2013 to reach compliance and have the violations re-inspected. At this
time, no re-inspection appointment has been made. If these violations are not brought up to the
standards of the Fire Code by April 14th , the liquor license renewal cannot be granted until the
violations are corrected per City Code Section 4-1-10 B.
B. Places Ineligible:
3. Fire Code Violations: No license shall be issued or renewed for any premises
with existing fire code violations that endanger the lives of those on the premises
including employees and patrons.
KEY ISSUES:
• Pubhouse 19 has outstanding Fire Code violations.
• These violations will prohibit the renewal of the liquor license unless corrected by April
14th. If not corrected, Pubhouse 19 will not be able to serve liquor after the 14th.
• The license can be renewed anytime thereafter once the existing violations are brought
into compliance with the Fire Code.
• The liquor license renewal is also contingent on full payment of license fees, proof of
liquor liability insurance and background check by the Wright County Sheriff’s Office.
POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and City Council’s policy to
review and approve or deny liquor license renewals for establishments within Albertville.
FINANCIAL CONSIDERATIONS: Should the renewal not be granted at all, the revenue loss
would be $3,500.00.
LEGAL CONSIDERATIONS: (see attorney report)
Agenda Page 26
Mayor and Council Request for Action –April 1, 2013
City Clerk – Annual Renewal of Liquor Licenses
Page 2 of 2
M:\Public Data\City Council\Council Packet information\2013\040113\Pubhouse 19 Renewal RCA.doc
Meeting Date: April 1, 2013
Department/Responsible Person: Kimberly Olson, City Clerk
Submitted Through: Adam Nafstad, City Administrator
Attachments: Copy of Letter sent to Pubhouse 19 on March 27, 2013
Agenda Page 27
Agenda Page 28
Page 1 of 3
Couri & Ruppe, P.L.L.P.
Memo
To: Adam Nafstad, City Administrator; Albertville City Council
From: Mike Couri
Date: March 27, 2013
Re: Attorney Report
Below is an update of the projects our office has been working on for the City.
• I-94 Assessment. I am waiting to hear back from Mr. Knechtl’s attorney
regarding the choice of a mediator.
• Pond Property Purchase. We have not yet met with John Darkenwald to attempt
to work out terms of a sale/use of the recently-appraised City lot behind the outlet
mall.
• Pubhouse 19 Fire Code and Liquor License Issues. Many months ago
Pubhouse 19 was cited for ten fire code violations. Despite several repeat visits by
Albertville’s Fire Inspectors, the fire code violations remain uncorrected.
Pubhouse 19’s liquor license will be expiring on April 15, 2013, unless the owners
of Pubhouse 19 file an application and pay the fee to have it renewed. However,
Title 4, Chapter 1, Section 10B.3 of Albertville’s City Code provides as follows:
B. Places Ineligible:
3. Fire Code Violations: No license shall be issued or renewed for any premises
with existing fire code violations that endanger the lives of those on the premises
including employees and patrons.
Agenda Page 29
Page 2 of 3
Under this section, the City Council cannot issue a renewed Pubhouse 19 liquor
license until the fire code violations are remedied. If the liquor license is not
renewed, Pubhouse 19 will not be able to serve liquor after April 14, 2013. If
Pubhouse 19 served liquor without a license, the State of Minnesota would likely
prosecute the owner of Pubhouse 19 for a violation of state liquor laws. In
addition the State would very likely take immediate action to stop any liquor sales
from occurring on Pubhouse 19’s property until a license was properly issued.
Given Pubhouse 19’s refusal to correct the existing fire code violations, it is
Staff’s recommendation that, if Pubhouse 19 applies for a renewal of its liquor
license, the City Council approve the renewal contingent upon Pubhouse 19
correcting all identified fire code violations before the permit may be issued to
Pubhouse 19.
• Prairie Run Tax Forfeit Properties. Adam, Tina and I have met with the Wright
County Assessor and the Assistant County Attorney regarding the imminent tax
forfeiture of 17 lots located in Prairie Run. The City currently has $780,000 worth
of outstanding special assessments against these 17 lots (more than $45,000 per
lot). The County currently has these lots valued at $7,500 each. The special
assessments are approximately six times the County’s market value of the lots.
The City already owns 10 lots on the west side of the development (these have no
special assessments outstanding against them). The 17 lots going through tax
forfeiture will likely be available for purchase by the City or the public in the fall
or early winter. Our discussions with the County to date involve having the
County price the lots for sale at a nominal price since the City can re-impose all of
the special assessments on the lots once they return to private hands. If the lots are
sold privately and the City re-imposes the special assessments, the lots will likely
go tax forfeit again and the City will have to wait another five or six years before
the lots would again revert back to the State. Tina, Adam and I are working on
options for the Council to consider in regard to these lots, with an eye toward
ultimately getting the lots in the hands of one or more builders who will construct
houses on them while at the same time recovering as much of the City’s special
assessments as possible. We will likely have a plan sketched out in more detail
later in the summer or early fall after the County has placed a value on these lots.
• Charter Cable/televising of Council meetings. I have been trying to reach the
current Charter Cable representative regarding the Charter franchise provision that
Agenda Page 30
Page 3 of 3
relates to televising City Council meetings to get more details on what financial
and technical support Charter will provide the City. To date I have been in contact
with three different people at Charter (none of whom is the person who deals with
this issue) and am currently waiting to hear back from the fourth person.
• Kurth Snowplow Claim. In February of this year one of the City’s snowplows
was backing up in a cul-de-sac when a car pulled out of a driveway and was hit by
the snowplow. The owner of the car, Martin Kurth, has made a claim to the City
for damage to the car, under the belief that the City was at fault. The claim was
sent to the League of Minnesota Cities’ Insurance Trust, which investigated the
claim and has denied the claim on the basis that the City was not at fault in the
accident. The property owner asked that the City have the League reconsider its
determination. On March 19, 2013, after reviewing the case again, the League
reaffirmed its earlier determination that the City was not at fault and therefore not
liable. The League’s reasoning is that the City’s snowplow, as a maintenance
vehicle that was already in the street, had the right of way over a vehicle entering
the street (generally speaking, a car entering the street has to yield to traffic
already on the street). In addition, Minnesota Courts have held that snowplows
also have the right of way given the dangerous nature of the job they perform.
The snowplow had its flashing lights on at the time of the accident.
It is anticipated that the owner of the car may request that the City Council
reimburse it from City funds (which would not be covered by insurance) for the
damage done to the car. Given the facts as I understand them, I would advise the
City Council that it not reimburse the car’s owner for the damage to the car. As a
public entity, all City expenditures must be for a public purpose. If the City’s
snowplow had the right of way when the accident occurred, the City would not be
legally obligated to reimburse the owner for the damage done to its car. If the City
has no obligation to reimburse the owner, any payments to the owner may be
considered an expenditure of public funds for a private purpose, which is
prohibited under Minnesota law. While a Court can always come to a different
conclusion, given the facts as we know them today, I feel a Court is likely to
conclude that the City is not liable for the damage to the Kurth car. Absent clear
evidence that the City is at fault, I would advise the City to concur with the
League’s determination and deny any request to have the City reimburse the
owner for damage to the car.
Agenda Page 31
City Administrator’s Update
March 27, 2013
GENERAL ADMINISTRATION
5964 Main Avenue Lease: Staff has had several discussions with the Soccer Association
concerning code required improvements to the two buildings. While we don’t have costs
estimates yet, both the Soccer Association and staff fear the costs will be substantial.
Fraser Steel: The development and assessment agreements have been finalized and are
currently being circulated for execution. Also, this week Fraser’s contractor deliver the
documents for building permit review.
STMA Arena: Staff has been working with 292 Architects and Nelson Rudie Engineers to
investigate the issues related to the roof. Moisture and frost buildup on the bottom side of the
roof deck and in the insulation have been verified, and appears to the cause of the dripping.
292 is preparing a memo to document the findings and to suggest options to address the issue.
NW Commercial Park: Staff has been in discussions with the Darkenwald group concerning the
city owned property and potential development of the Darkenwalds property. The
Darkenwald’s hope to have concept plans to share with the City in the near future.
Niemeyer Trailer Sales: Last week staff met with Tim Niemeyer to discuss development status
of his property. Mr. Niemeyer indicated that he would like to construct a project in 2014;
however, would like to know if the City is able/willing to provide any development incentives.
Potential incentives discussed included: extending assessment term, reduced interest rate,
deferred assessment. Staff will be putting together a plan for Council consideration.
Guardian Angels: Staff has been in discussions with Guardian Angels who would like to pursue
a phased project. Guardian Angels is working with a general contractor to coordinate the
project and develop a project implementation plan. A project schedule is not known at this
time.
FYCC: To address the ongoing staffing needs, the FYCC committee approved the Staff Support
position. This is a contract salaried position requiring that will filled by Peggy Johnson.
Ongoing Projects/Tasks:
• 2012 Audit – Final audit will be presented to Council at the 2nd meeting in April
• Televising Options – The City Attorney is trying to connect with Charter to
discuss the contract.
• Public Building Interconnect
Agenda Page 32
City Administrator’s Update Page 2 of 2 March 27, 2013
ENGINEERING/PUBLIC WORKS
2013 Street Projects: Plan development and construction schedules are currently being
developed. Staff is working towards a mid-May approval by Council and mid-June bid date.
WWTP: Staff is reviewing several proposals and quotes for various operations and permitting
needs. The Proposals include: Mercury Minimization, Biosolids Management, Facility Plan, and
SCADA system upgrades.
WB I94 C-D Road: Staff is working with MnDOT to finalize the right-of-way conveyance
documents. Resolutions to convey the two right-of-way parcels to the State will be presented
at the 2nd meeting in April.
Spring Weight Restrictions: Road restrictions will go become effective Friday, March 29th.
UPCOMING EVENTS and ANNOUNCEMENTS
• Beginning on April 9, 2013 – The Wright County Sherriff’s Department will be offering a
Citizen’s Law Enforcement Academy. Program information will be distributed to the
Council.
• April 3, 2013 – Day at the Capitol/Schools for Education Equity ( In conjunction with
Schools for Education Equity (SEE), STMA will be going to the Capitol on Wednesday
April 3rd to advocate for equity funding for schools and equalization of school property
taxes. Please let me know if you are interested in attending.
• April 5, 2013 – At 4:00 PM, State Representative Frank Hornstein, of the Transportation
Finance Committee, will be at the St. Michael City Hall to discuss improvements to
Interstate 94. The I-94 Coalition is hosting the event and all are welcome.
• April 17, 2013 – Sheriff Hagerty is hosting an open house for city officials and staff at
7:00 PM at the Law Enforcement Center.
• April 18, 2013 – The Crow River Senior Center has extended to an invitation to all
Council Members for a noon “Celebrate Our Cities” luncheon at the St. Michael
government center.
• April 29, 2013 (6:00 PM at St. Michael City Hall)- Joint Cities and School District Meeting
Attachments: (None)
Agenda Page 33