City of Albertville Council Agenda

Transcription

1 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. 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. Accept the draft 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 M:\Public Data\City Council\Council Agendas\2013 Agendas\ Council Agenda.doc Meeting Date: April 1, 2013 Agenda Page 1

2 City of Albertville Council Agenda Monday, April 1, 2013 Page 2 of 3 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: reinspection 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 April 9 April 15 April 22 April 29 May 6 May 13 May 14 May 17 May 20 May 27 May 28 STMA Ice Arena Board, 6:00 p.m. Planning Commission, 7:00 p.m. City Council, 7:00 p.m. Joint Powers Water Board, 6:30 p.m. Joint Meeting with St. Michael & STMA School Board St. Michael City Offices, 6:00 p.m. City Council, 7:00 p.m. STMA Ice Arena Board, 6:00 p.m. Planning Commission, 7:00 p.m. Parks Night Out City Council, 7:00 p.m. City Offices Closed, Memorial Day Joint Powers Water Board, 6:30 p.m. Parks Committee, 7:30 p.m. M:\Public Data\City Council\Council Agendas\2013 Agendas\ Council Agenda.doc Meeting Date: April 1, 2013 Agenda Page 2

3 City of Albertville Council Agenda Monday, April 1, 2013 Page 3 of 3 APRIL MAY Su M Tu W Th F Sa Su M Tu W Th F Sa CC JP Ice 8 PZ CC CC Ice 13 PZ CC JM H 27 JP 28 PK ADJOURNMENT M:\Public Data\City Council\Council Agendas\2013 Agendas\ Council Agenda.doc Meeting Date: April 1, 2013 Agenda Page 3

4 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

5 City of Albertville Page 2 of 2 City Council Workshop Minutes March 18, 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 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 M:\Public Data\City Council\Council Minutes\2013 Minutes\ CC Workshop Minutes - Draft.doc Agenda Page 5

6 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, th 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

7 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. City Council Approved Meeting Minutes Page 2 Regular Meeting of March 4, 2013 Agenda Page 7

8 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 City Council Approved Meeting Minutes Page 3 Regular Meeting of March 4, 2013 Agenda Page 8

9 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 will be holding the first meeting of the Albertville and Otsego Fire Board later in the month. 9. ANNOUNCEMENTS and/or UPCOMING MEETINGS March 25 April 1 April 8 April 9 April 15 April 17 April 22 April 29 Joint Powers Water Board, 6:30 p.m. Parks Committee, 7:30 p.m. 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. Local Board of Appeal & Equalization, 5:30 p.m. Joint Powers Water Board, 6:30 p.m. Parks Committee, 7:30 p.m. 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 City Council Approved Meeting Minutes Page 4 Regular Meeting of March 4, 2013 Agenda Page 9

10 Mayor and Council Request for Action SUBJECT: CONSENT (Finance) PAYMENT OF BILLS March 26, 2013 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) M:\Public Data\City Council\Council Packet information\2013\040113\ Finance Bills Report (RCA).doc Meeting Date: April 1, 2013 Agenda Page 10

11 ST. MICHAEL-ALBERTVILLE ARENA BOARD DRAFT MINUTES March 11, :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 $ 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, 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, 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

12 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 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 29 th 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 teams needing ice time. Agenda Page 12

13 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

14 Mayor and Council Request for Action SUBJECT: CONSENT -CITY CLERK ANNUAL RENEWAL OF LIQUOR LICENSES March 27, 2013 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, 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 th Place NE Sunday On Sale Space Aliens Grill & Bar County Rd 37 Sunday On Sale Coburn's Liquor 5698 LaCentre Ave NE Off Sale Heidi's Brew Wine & Spirits nd St NE Off Sale Westside Liquor st 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. M:\Public Data\City Council\Council Packet information\2013\040113\ Renewal RCA.doc Meeting Date: April 1, 2013 Agenda Page 14

15 Mayor and Council Request for Action April 1, 2013 City Clerk Annual Renewal of Liquor Licenses Page 2 of 2 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, $23, Sunday On-Sale $ $1, On Sale Wine $ $ On Sale 3.2% Malt Beverage $ $ Off Sale Intoxicating $ $ Off Sale 3.2% Malt Beverage $ $ TOTAL: $26, Department/Responsible Person: Kimberly Olson, City Clerk Submitted Through: Adam Nafstad, City Administrator Attachments: None M:\Public Data\City Council\Council Packet information\2013\040113\ Renewal RCA.doc Meeting Date: April 1, 2013 Agenda Page 15

16 Code Enforcement Agenda Page 16

17 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

18 Code Violation Notification Process 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. Agenda Page 18

19 Action continues as follows: 4. Site inspection is performed and photos are taken by City Staff of the site and violations th Street Agenda Page 19

20 thSt. Agenda Page 20

21 5569 Kalenda Ave. Agenda Page 21

22 Code Violation Notification Process 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. Agenda Page 22

23 Code Violation Notification Process 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.) Agenda Page 23

24 Code Violation Notification Process 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. Agenda Page 24

25 DRAFT: Enforcement Policy Agenda Page 25

26 Mayor and Council Request for Action 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 14 th, the liquor license renewal cannot be granted until the violations are corrected per City Code Section 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 14 th. If not corrected, Pubhouse 19 will not be able to serve liquor after the 14 th. 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, LEGAL CONSIDERATIONS: (see attorney report) M:\Public Data\City Council\Council Packet information\2013\040113\pubhouse 19 Renewal RCA.doc Meeting Date: April 1, 2013 Agenda Page 26

27 Mayor and Council Request for Action April 1, 2013 City Clerk Annual Renewal of Liquor Licenses Page 2 of 2 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 M:\Public Data\City Council\Council Packet information\2013\040113\pubhouse 19 Renewal RCA.doc Meeting Date: April 1, 2013 Agenda Page 27

28 Agenda Page 28

29 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. Page 1 of 3 Agenda Page 29

30 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, 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 Page 2 of 3 Agenda Page 30

31 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. Page 3 of 3 Agenda Page 31

32 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 cost 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 delivered 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 be 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 Darkenwald property. The Darkenwald s hope is 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 the development status of his property. Mr. Niemeyer indicated that he would like to construct a project in 2014; however, he 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 that will be filled by Peggy Johnson. Ongoing Projects/Tasks: 2012 Audit Final audit will be presented to Council at the 2 nd meeting in April Televising Options The City Attorney is trying to connect with Charter to discuss the contract. Public Building Interconnect Agenda Page 32

33 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 2 nd meeting in April. Spring Weight Restrictions: Road restrictions will become effective Friday, March 29 th. 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 and in conjunction with Schools for Education Equity (SEE). STMA will be going to the Capitol on Wednesday April 3 rd 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) City Administrator s Update Page 2 of 2 March 27, 2013 Agenda Page 33