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2013-09-03 CC Packet City of Albertville Council Agenda TUESDAY, September 3, 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:\City Council\Council Agendas\2013 Agendas\090313 Council Agenda.doc Meeting Date: September 3, 2013 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations – Introductions (None) 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 August 12, 2013 City Council workshop minutes as presented (pgs 4-6) B. Authorize the Tuesday, September 3, 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 7) C. Authorize payment to Omann Bros. Paving, Inc. in the amount of $125,469.33 for 2013 street project D. Approve the 2014 - 2015 Wright County Sheriff’s Contract for police protection for the City of Albertville that would be effective January 1, 2014 and end on December 31, 2015 (pgs 8-13) E. Set the Truth in Taxation Hearing for December 2, 2013 at 6:00 p.m. in the City Council Chambers F. Approve Resolution No. 2013-035 Adopting the 2014 Preliminary Property Tax Levy (pgs 14-18) G. Approve Resolution No. 2013-036 Adopting the 2014 Preliminary Budget (pg 19) 7. Public Hearings - None Agenda Page 1 City of Albertville Council Agenda TUESDAY, September 3, 2013 Page 2 of 3 M:\City Council\Council Agendas\2013 Agendas\090313 Council Agenda.doc Meeting Date: September 3, 2013 8. Department Business A. City Council 1). Committee Updates (STMA Arena, Planning, Parks, JPWB, Joint Fire Board etc.) B. Planning/Zoning 1). 152 Club Request for Major Outdoor Music Event (pgs 20-25) (Motion to approve the attached Major Outdoor Music Permit No. 2013-_____ for the 152 Club at 5794 Main Avenue NE.) C. Finance D. City Clerk E. Public Works / Engineering F. Building G. Legal H. Administration 1). City Administrator’s Update (pg 26) 9. Announcements and/or Upcoming Meetings September 9 STMA Ice Arena Board, 6:00 p.m. September 10 Planning Commission, 7:00 p.m. September 16 City Council, 7:00 p.m. September 23 Joint Powers Water Board, 6:30 p.m. September 30 Joint Meeting with St. Michael & STMA School District October 7 City Council, 7:00 p.m. October 8 Planning Commission, 7:00 p.m. October 14 STMA Ice Arena Board, 6:00 p.m. October 21 City Council, 7:00 p.m. October 28 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. Agenda Page 2 City of Albertville Council Agenda TUESDAY, September 3, 2013 Page 3 of 3 M:\City Council\Council Agendas\2013 Agendas\090313 Council Agenda.doc Meeting Date: September 3, 2013 SEPTEMBER Su M Tu W Th F Sa 1 H 2 CC 3 4 5 6 7 8 Ice 9 PZ 10 11 12 13 14 15 CC 16 17 18 19 20 21 22 JP23 24 25 26 27 28 29 30 OCTOBER Su M Tu W Th F Sa 1 2 3 4 5 6 CC 7 PZ 8 9 10 11 12 13 Ice 14 15 16 17 18 19 20 CC 21 22 23 24 25 26 27 JP28PK 29 30 31 10. Adjournment Agenda Page 3 Page 1 a. CITY COUNCIL WORKSHOP CITY HALL - COUNCIL CHAMBERS Monday, August 12, 2013 DRAFT MINUTES 1. CALL TO ORDER The meeting began at 7:30 p.m. Present: Mayor Jillian Hendrickson and Council members Rob Olson, Larry Sorensen, John Vetsch and Dan Wagner Absent: None Others Present: City Administrator/Engineer-PWD Adam Nafstad, Finance Director Tina Lannes, Fire Chief Tate Mills, City Clerk Kimberly Olson, Andrew Berg, and Kevin Knopik 2. ABDO PRESENTATION Andy Berg and Kevin Knopik of ABDO, EICK & MEYERS LLP presented the City’s long range plan. They reviewed the assumptions made in the long range plan. Nafstad pointed out the assumptions were very conservative. Berg outlined the anticipated tax capacity rates, anticipated tax levies, outstanding bonds, and General Fund levy increases needed for the coming years. Berg stated the estimates for the levy increases are based on a 40% cash flow. Hendrickson asked what would happen if the levies were decreased and the cash dropped below 40%. Berg replied it would definitely affect the way the City is evaluated and potentially affect the City’s credit rating, which is very good right now. Berg showed the capital outlay until 2018, the cash balance for project funds, and the enterprise funds. Vetsch inquired about an EDA (Economic Development Authority) tax on each property. He felt it could be a very small tax but would fund economic development in the City. Berg replied an EDA tax restricts the use to just those for economic development uses whereas a small increase in the general levy is more beneficial because it can be used for most activities. Vetsch would like a way to help current businesses or attract/assist new businesses. Lannes stated an EDA tax was subject to the levy limits. Agenda Page 4 City of Albertville Page 2 of 3 City Council Workshop Minutes Meeting of August 12, 2013 M:\City Council\Council Packet information\2013\090313\M 08 12 2013 CC Workshop Minutes.doc 3. BUDGET PRESENTATION Lannes presented the 2014 preliminary budget that staff had prepared. She stated the LGA (Local Government Aid) has been confirmed. Staff recommends using this to pay back the SAC fund rather than using it in the general levy for operations. She stated it is necessary to pay back the SAC fund to fund future projects and stated this LGA is like a gift. Lannes reported there will be an increase in insurance rates because of the healthcare reform; some cities are anticipating a 30-40% increase in premiums, but Albertville is in a cooperative group which anticipates no more than a 10% increase. There is a 2% cost of living increase included in the budget for the employees and for the Fire Department to put towards their relief fund. Sorensen asked if Lannes would review other insurance groups or plans if the increase is too high. Lannes reported that she is diligent in looking for the best price and goes out for bids every three years. Lannes stated there was an additional $9,000 budgeted in order to split the City’s voting precincts to achieve recommended voter ratios per precinct. There was a decrease in dollars allocated to engineering assistance. Olson inquired why more funds were added to legal fees. Lannes reported history has shown the City has gone over on legal fees the past several years, so they increased the legal fees to be more accurate. Vetsch would like to see the fees for legal and planning services reduced. Sorensen inquired when Nafstad would look at adding other full-time staff, such as a building official. Nafstad replied that it was dependant on the position, but in the case of the building department, the current costs to outsource are not what would be needed for a full time individual. Lannes reported there is a 3% increase for police protection services from the Wright County Sheriff’s Office. There were some increases to temporary parks employees and supplies, the senior center, library, and FYCC. She stated that funds had been added for the Initiative Foundation, a group that helps local businesses with grants, etc. Hendrickson would like this link put on the website. Lannes stated $10,000 was added to the EDA for lobbying efforts. Nafstad stated the main Public Works projects would be the 57th Street NE improvements and 54th and Barthel Industrial Drive NE stormwater improvement. Nafstad explained the recommended fixes for the STMA Ice Arena roof involving dehumidification and replacement of the roof’s insulation. Staff suggested funding Albertville’s portion for the entire fix with an Interfund Loan to be repaid in a number of years. Vetsch would like to see that paid in no more than eight years maximum and stated he is not in favor of any funding where the City would be paying any type of interest. 4. BUDGET DISCUSSION/ COUNCIL BUDGET REQUESTS Hendrickson felt the funds for lobbying were important. Agenda Page 5 City of Albertville Page 3 of 3 City Council Workshop Minutes Meeting of August 12, 2013 M:\City Council\Council Packet information\2013\090313\M 08 12 2013 CC Workshop Minutes.doc Nafstad stated there were no funds allocated to video recording of the Council meetings; however, Couri is still in contact with Charter Communications regarding the language in their franchise agreement. Sorensen would like to see a low cost option utilized, such as You Tube. Fire Chief Mills stated there are concerns about long term capital such as fire truck and equipment replacement, but they can work with Otsego to put together a strategic plan. He stated he does have some concerns with the Fire Hall maintenance needs. Hendrickson stated she could see setting the preliminary budget and levy at the levy limit set out by the State and then trimming it before the final budget approval in December. Sorensen had concerns that if they lock into a number now, it will stay the same for December, as past history has shown. Lannes stated that these numbers reflect the improvements to the ice arena and Council can stipulate that once a decision is made on the ice arena roof, they can review the budget again. Vetsch does not want to come in at the levy limit. Olson had concerns that if they did not receive LGA next year and also had a levy limit, how the SAC fund would be repaid. Council decided to continue discussion at the next budget workshop meeting to be held on August 19 after the regular City Council meeting. Hendrickson asked the Council to let staff know of any concerns they have prior to the meeting so staff can come prepared to the meeting. 5. ADJOURNMENT Motioned by Sorensen, seconded by Hendrickson, to adjourn the meeting at 9:51 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 6 Mayor and Council Request for Action M:\City Council\Council Packet information\2013\090313\09 03 13 Finance Bills Report (RCA).doc Meeting Date: September 3, 2013 August 28, 2013 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Tuesday, September 3, 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 viewing 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. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 7 Mayor and Council Request for Action KM:\City Council\Council Packet information\2013\090313\09 03 2013 Sheriff's Contract Renewal RCA.doc Meeting Date: September 3, 2013 August 22, 2013 SUBJECT: CONSENT – CITY CLERK – 2014-2015 WRIGHT COUNTY SHERIFF’S CONTRACT RENEWAL RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the 2014-2015 Wright County Sheriff’s Contract for police protection for the City of Albertville that would be effective January 1, 2014 and end on December 31, 2015. BACKGROUND: Every two years the City of Albertville enters into a police protection agreement with the Wright County Sheriff’s Department. The Wright County Sheriff’s Department agrees to provide police protection within the Albertville corporate limits to the extent and in the manner spelled out in the contract. KEY ISSUES: • The Sheriff’s Department shall have full cooperation and assistance from the City of Albertville, its officers, agents, and employees so as to facilitate the performance of the agreement. • The County shall furnish and supply all necessary labor, supervision, equipment, communication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain the level of service to be rendered herein. • The City of Albertville shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County. • The City of Albertville shall not be liable for compensation or indemnity to any of the Sheriff’s employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless the City of Albertville against any such claims. • The County, Sheriff, his officers, and employees shall not be deemed to assume any liability for intentional or negligent acts of said City or any officer, agent, or employee thereof. • The number of hours of service to be provided pursuant to the contract is 8,760 hours annually, and shall provide 24-hour call and general service. POLICY CONSIDERATIONS: The City Council considers contracts on a case by case basis. FINANCIAL CONSIDERATIONS: The City of Albertville agrees to pay Wright County Sheriff’s Department the sum of $62.50 per hour for police protection during the calendar year of 2014; and, $64.50 per hour during the calendar year of 2015. Agenda Page 8 Mayor and Council Request for Action – August 22, 2013 Wright County Sheriff Contract Page 2 of 2 M:\City Council\Council Packet information\2013\090313\09 03 2013 Sheriff's Contract Renewal RCA.doc Meeting Date: September 3, 2013 Year Hourly Rate Hours Annual Cost Increase Percent 2010 $57.50 8760 $503,700 2011 $59.00 8760 $516,840 $13,140 2.61% 2012 $59.75 8760 $523,410 $6,570 1.27% 2013 $60.50 8760 $529,980 $6,570 1.26% 2014 $62.50 8760 $547,500 $17,520 3.31% 2015 $64.50 8760 $565,020 $17,520 3.20% LEGAL CONSIDERATIONS: The Wright County Sheriff’s contract provides a fixed hourly rate for a two year period. This contract is consistent with previous contracts with the exception of the rate. Responsible Person-Department: Kimberly A. Olson, City Clerk Submitted through: Adam Nafstad, City Administrator - PWD Attachments: Wright County Sheriff Agreement Agenda Page 9 Agenda Page 10 Agenda Page 11 Agenda Page 12 Agenda Page 13 Mayor and Council Request for Action M:\City Council\Council Packet information\2013\090313\09 03 2013 2014 Prelimary Budget Levy.doc Meeting Date: September 3, 2013 August 20, 2013 SUBJECT: CONSENT - FINANCE – 2014 PRELIMINARY BUDGET AND PROPERTY TAX LEVY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution No. 2013-035 Adopting the 2014 Preliminary Property Tax Levy. MOTION TO: Approve Resolution No. 2013-036 Adopting the 2014 Preliminary Budget. BACKGROUND: Annually, the budget and property tax levy process starts in June with staff preparing estimates and projections for the following year’s preliminary or draft budget. Through meetings and workshop sessions, the City Council reviews the preliminary budget and amends as desired. Prior to September 15 of each year, the following year’s proposed tax levy is submitted to Wright County for preliminary certification. Attached for Council review, is the tax levy and budget summary for 2014. The attached budget is the product of several Council workshops over the past few months and the same budget that was sent to the Council on August 20, following the workshop on August 19. However, the itemization/presentation of the attached budget has been slight revised. On the attached budget, the additional monies used for debt payment (LGA) are presented in the debt levy instead of the operations levy, as required by the State of MN. The attached preliminary budget for 2014 totals $3,158,903. The budget includes a General Fund tax levy of $2,397,983 for taxes payable 2014 and the debt service levy of $902,141. The total levy, both general fund and debt service has increased from $3,205,106 in 2013 to $3,300,124, which is a 2.96% increase. KEY ISSUES: 1. Levy Adoption Schedule: The final levy is not certified until mid December so there is still an opportunity to review, discuss, and change the 2014 budget and tax levy as needed. The important thing to note is that the final levy can be less than the preliminary levy, but it cannot be more. For the preliminary levy, it is best to avoid “locking” into a levy that could be inadequate to fund operations and programs for next year. 2. LGA/Levy Limits: On Tuesday the 26th, the city received the final levy limit figures from the MN Dept of Revenue. The City is estimated to receive LGA in the amount of $79,651, which reduces the general fund levy by that amount. The attached budget includes using the amount received to assist in paying debt service shortages. The Agenda Page 14 Mayor and Council Request for Action – September 3, 2013 2014 Preliminary Levy and Budget Page 2 of 4 M:\City Council\Council Packet information\2013\090313\09 03 2013 2014 Prelimary Budget Levy.doc Meeting Date: September 3, 2013 amount is added to the debt service levy and the revenue of the LGA is added to the General Fund Revenues. 3. The attached budget is the same budget the Council reviewed at the last workshop on August 19, 2013, and includes the requested changes by Council. The changes were made to the budget and sent out to Council on August 20, 2013. The presentation of the attached budget has changed to be in accordance of adoption for state levy limits and actual presentation on the debt levy. POLICY CONSIDERATIONS: It is the City’s policy to review and approve the 2014 Budget and Proposed Property Tax Levy. FINANCIAL CONSIDERATIONS: In reviewing the Albertville projected 2014 budget, we anticipate maintaining the Office of the State Auditors minimum requirements of 35% of the budget in designated funds for general reserve. Although staff can work with this under the current economic status, it is recommended that the City Council continue to increase the General Funds reserve and not rely on other capital reserves to fund cash flow needs. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve the 2014 Annual Preliminary Budget and Preliminary Property Tax Levy pursuant to Minnesota State Law. Responsible Person-Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator - PWD Attachments: Summary preliminary budget Resolution No. 2013-035 Resolution No. 2013-036 Agenda Page 15 Mayor and Council Request for Action – September 3, 2013 2014 Preliminary Levy and Budget Page 3 of 4 M:\City Council\Council Packet information\2013\090313\09 03 2013 2014 Prelimary Budget Levy.doc Meeting Date: September 3, 2013 2014 PRELIMINARY BUDGET SUMMARY COMPARISON GENERAL FUND General Fund Revenue: 2013 Budget 2014 Budget Difference 13 to 14 $ Difference 13 to 14 % 31010 Current Ad Valorem Taxes 2,423,781 2,397,983 -$25,798 -1.06% 34113 Franchise Fee - Cable 65,000 65,000 $0 0.00% 32100 Business Licenses & Permits 20,000 22,000 $2,000 10.00% 32110 Liquor Licenses 29,150 29,150 $0 0.00% 32120 3.2 Liquor Licenses 150 150 $0 0.00% 32150 Sign Permits 1,500 1,500 $0 0.00% 32210 Building Permits 35,000 55,000 $20,000 57.14% 32240 Animal Licenses 250 400 $150 60.00% 33405 Police Aid 28,000 28,000 $0 0.00% 33406 Fire Aid 30,000 42,000 $12,000 40.00% 33422 Other State Aid Grants 8,200 8,200 $0 0.00% 33620 County Grants & Aids 0 0 $0 0.00% 34000 Charges for Services 2,000 2,000 $0 0.00% 34001 Administration fees 125,894 136,721 $10,827 8.60% 34005 Engineering As Built Fee 750 1,500 $750 100.00% 34101 Lease Payments - City Property 0 0 $0 0.00% 34101 Zoning & Subdivision Fees 1,500 1,500 $0 0.00% 34103 Plan Check Fee 15,000 25,000 $10,000 66.67% 34104 Sale of Maps 50 0 -$50 -100.00% 34105 PID/Legal Description Requests 0 0 $0 0.00% 34106 Title Searches 546 1,000 $454 83.15% 34107 Fire Protection Contract Charges 154,417 160,532 $6,116 3.96% 34202 Rental Fees 5,000 6,000 $1,000 20.00% 34780 Other Revenues 6,000 9,000 $3,000 50.00% 34950 Fines & Forfeits 0 0 $0 0.00% 35000 Interest Earnings 25,000 25,000 $0 0.00% 36210 Arena 11,388 11,616 $228 2.00% 39203 Transfer other fund I-94 Engineer 50,000 50,000 $0 0.00% 39203 Transfer other fund 102 to SAC 50,000 0 -$50,000 -100.00% LGA Revenue expected 0 79,651 Total Revenues 3,088,576 3,158,903 -9,323 2.28% Agenda Page 16 Mayor and Council Request for Action – September 3, 2013 2014 Preliminary Levy and Budget Page 4 of 4 M:\City Council\Council Packet information\2013\090313\09 03 2013 2014 Prelimary Budget Levy.doc Meeting Date: September 3, 2013 General Fund Department Expenditures: 2013 Budget 2014 Budget Difference 13 to 14 $ Difference 13 to 14 % 41100 Council 41,855 44,969 $3,114 7.44% 41300 Combined Administrator/Engineer 124,909 98,130 -$26,779 -21.44% 41400 City Clerk 121,258 129,984 $8,726 7.20% 41440 Elections 9,000 15,500 $6,500 72.22% 41500 Finance 169,155 177,839 $8,684 5.13% 41550 City Assessor 28,500 29,355 $855 3.00% 41600 City Attorney 35,000 40,000 $5,000 14.29% 41700 City Engineer 20,200 20,000 -$200 -0.99% 41800 Economic Development 18,000 28,000 $10,000 55.56% 41910 Planning & Zoning 31,507 40,507 $9,000 28.56% 41940 City Hall 120,855 135,605 $14,750 12.20% 42000 Fire Department 325,307 316,187 -$9,121 -2.80% 42110 Police 530,000 547,500 $17,500 3.30% 42400 Building Inspection 155,365 154,184 -$1,181 -0.76% 42700 Animal Control 4,000 4,080 $80 2.00% 43100 Public Works - Streets 449,995 482,694 $32,698 7.27% 41750 Add'l Consulting combined Admin/Eng 60,000 30,000 -$30,000 0.00% 45000 Culture & Recreation 55,843 58,600 $2,758 4.94% 45100 Parks & Recreation 191,866 211,126 $19,260 10.04% 45000 Library Debt Service 25,151 26,030 $879 100.00% 49300 Capital Reserves 570,810 568,614 -$2,196 -0.38% Total Expenditures 3,088,576 3,158,904 70,328 2.28% Levy 2013 2014 Difference 13 to 14 % General Fund & EDA 2,423,781 2,397,983 -1.06% Total Tax Levy (Oper. Levy) 2,423,781 2,397,983 -1.06% 357 GO Improvement Bond 03 76,520 287,086 354 Bonds 03 PF Lease Rev 67,631 77,456 City Hall 05 277,878 276,723 GO Im Bond 07 Lachman/19/idustrial 70,157 70,157 PW Facility 04 169,139 100,719 I-94 120,000 90,000 Total Debt Service Levy 781,325 902,141 Debt Levy 15.46% Total Levy 3,205,106 3,300,124 Total Levy 2.96% Agenda Page 17 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2013-035 A RESOLUTION ADOPTING THE 2013 TAX LEVY COLLECTIBLE IN 2014 BE IT RESOLVED by the C ouncil of the City of Albertville, County of Wright, Minnesota, that the following sums of money be levied for the current year, collectible in 2014, upon taxable property in the City of Albertville for the following purposes: Total levy $3,300,124 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Wright County, Minnesota. Adopted by the City Council of the City of Albertville this 3rd day of September, 2013. Jillian Hendrickson, Mayor Kimberly A. Olson, City Clerk Agenda Page 18 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2013-036 A RESOLUTION ADOPTING THE 2014 PRELIMINARY BUDGET WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has adopted a preliminary tax levy to be placed upon the taxable property in the City of Albertville; and WHEREAS, the Albertville City Council desires to reserve within the General Fund those monies designated as capital outlays within various budget classifications, such that those monies can be disbursed only for those capital outlays so specified within the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA: 1. The attached budget is hereby adopted as the preliminary budget for the City of Albertville for the period January 1, 2014, through December 31, 2014. 2. All monies designated within the budget, as capital outlays shall be reserved within the Capital Reserves Fund, such that those monies can be disbursed only for those capital outlays so specified within the budget. 3. The Albertville City Council has hereby complied with Minnesota Statutes. 4. The Finance Director is hereby authorized to transmit certification of compliance with Minnesota Statutes to the Commissioner of Revenue as required. Adopted by the Albertville City Council this 3rd day of September, 2013. ______________________________________ Jillian Hendrickson, Mayor ______________________________________ Kimberly Olson, City Clerk Agenda Page 19 Mayor and Council Request for Action Meeting Date: September 3, 2013 August 29, 2013 SUBJECT: PLANNING DEPARTMENT – MAJOR OUTDOOR MUSIC EVENT PERMIT FOR THE 152 CLUB AT 5794 MAIN AVENUE NE IN ALBERTVILLE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the attached Major Outdoor Music Permit No. 2013-_____ for the 152 Club at 5794 Main Avenue NE. BACKGROUND: The 152 Club at 5794 Main Avenue NE in Albertville annually conducts an outdoor Oktoberfest event that includes outdoor music. They have submitted a permit request for a major outdoor music event for September 28, 2013 to run from 3:00 p.m. to midnight. This one-day event will involve both a German polka band and a classic rock band. KEY ISSUES: • The applicant estimates that the event will attract approximately 200 people over the course of the day. • The event will be enclosed within the existing fenced area of the 152 Club site. • The event will have three security people. • Sanitary facilities will include the indoor bathrooms and three Biffs. • The stage and band areas will be located in tents with the sides of the tents down around the stage area in an attempt to control noise. The stage will be oriented to the west. • The stage is 300 feet from the nearest property to the west. • It should be noted that City staff received noise complaints after last year’s event. POLICY/PRACTICES CONSIDERATIONS: The Council has discretion to approve or deny outdoor music event permits. The applicant has demonstrated compliance with the standards of Section 5-5-3 of the City Code, however, receipt of nuisance complaints may be grounds for denial of future outdoor music event permits. Council may also impose additional conditions to mitigate nuisance issues as part of any permit approval. FINANCIAL CONSIDERATIONS: None. LEGAL CONSIDERATIONS: If approved, the applicant is required to sign the permit agreeing to the conditions of approval. Agenda Page 20 Mayor and Council Request for Action – September 3, 2013 Major Outdoor Music Event Permit for the 152 Club Page 2 of 2 Meeting Date: September 3, 2013 Responsible Person - Department: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator - PWD Attachments: • Draft Permit 2013-_____ • Application and Site Plan Agenda Page 21 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA MAJOR OUTDOOR MUSIC EVENT PERMIT NO. 2013- _____ The City of Albertville issues a Major Outdoor Music Event to the 152 Club located at 5794 Main Avenue NE, Albertville, Minnesota for the calendar year 2013, provided the following conditions are met and satisfied: 1. This permit shall be for September 28, 2013. Performance hours shall be 3:00 p.m. to Midnight. No performances shall be allowed beyond Midnight. 2. The stage, band and speakers shall be arranged in the manner illustrated on the attached site plan. 3. All outdoor music stages, speakers, and amplifiers shall be located a minimum of 300 feet from any residence in a residential zoning district. All stages, speakers, and amplifiers shall be arranged in a design and manner that does not broadcast music at or toward a residence within 300 feet of the stage. 4. All access to the event shall be through the 152 Club principal building. The event shall be contained within the fenced area of the 152 Club site. 5. The permit holder agrees to manage the outdoor performance to control volume and nuisance complaints. The permit holder shall comply with all requests of the Sheriff’s Department to turn down the volume to mitigate nuisance complaints. 6. In the event of nuisance complaints, the City reserves the right to add conditions on this permit to mitigate nuisance complaints and protect neighboring properties. 7. The permit holder understands that they are responsible for the behavior and operation of the outdoor music events including employees, band members, and event participants. Poor or unlawful behavior on the property, associated with the outdoor music event, that disturbs or damages adjoining property may be grounds for permit revocation. 8. The permit holder understands that failure to abide by the conditions and standards of this permit or Section 5-5-3 of the Albertville City Code may be grounds for permit revocation. _________________________Date:_______ ________________________Date:______ Adam Nafstad, Permit Holder: Trish Holm Albertville City Administrator Agenda Page 22 Agenda Page 23 Agenda Page 24 Agenda Page 25 City Administrator’s Update August 28, 2013 GENERAL ADMINISTRATION 5964 Main Avenue NE Lease: The lease has been executed and the Construction Manager and staff are working to finalize contracts with subcontractors. Public Works crews have cleaned out the building and moved all equipment to the public works garage. It is anticipated that work will begin the first week in September. Staff is coordinating the electric service upgrade with Xcel Energy and looking at potential undergrounding options. STMA Arena: The Arena Board has agreed to allow Youth Hockey to take over advertizing at the Arena. With this change, staff is preparing a revised agreement as well as an agreement to buyout and closeout all obligations between Franklin and the Arena Board. Request to Harvest Geese within City Limits: Staff has received a request from Mike Leuer to harvest geese on his property this fall due to damage and problems the birds have caused. City ordinances do not allow for hunting or the discharge of firearms for hunting. Staff would like to discuss this request and possible options with the Council at the next meeting. Parks Committee: One of the items discussed at the last Park Committee meeting was a $1,000 contribution to the 57th Street NE Boardwalk/Eagle Scout project. If the Council agrees with the contribution it is recommended that the Council motion to approve the contribution. Drainage Complaint: At the last meeting the Council heard from a resident on Locust Court NE regarding a drainage concern. Staff is in the process of reviewing and will report back to the Council. ENGINEERING/PUBLIC WORKS 2013 Street, Trails, and Utility Improvement Project: The first lift of pavement on residential streets is scheduled to be complete by Thursday, August 29. The CSAH 18 trail segment is scheduled to be paved the first week of September. The third resident letter/update will be mailed the first week of September. In general, the project is progressing well. UPCOMING EVENTS and ANNOUNCEMENTS • September 11 – Local Board of Appeal and Equalization Training, 1:00 p.m. to 4:00 p.m. at the Wright County Courthouse, Room 120 • September 14 – Fire Department Fall Annual Party/Retirement Dinner at the Fire Hall 5:00 p.m. Happy Hour / 6:00 p.m. Dinner • September 22 (Sunday) - Memorial Park Dedication, 12:00 p.m. (noon) at the Park • September 30 – Joint Meeting between the City of Albertville, STMA School District, and the City of St. Michael, 6:00 p.m.at the Albertville City Hall ATTACHMENTS: none Agenda Page 26