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City of Dundas

Administrator/Clerk’s Report

City Council Meeting, April 10, 2017

To: Mayor and Council

From: John M. McCarthy

Date: April 7, 2017

Special Meeting

In October 2016, Tracy Ackman-Shaw, Health Educator, Rice County Public Health Nursing Service, presentedinformation on the County’s Tobacco Free Parks program to the Dundas Park and Recreation Advisory Board.After reviewing the presentation, the Board passed a motion to recommend the City of Dundas adopt an outdoortobacco-free policy for all parks. Ackman-Shaw will review the recommendations and requested action.

Regular Meeting

Consent Agenda

Not to Waive LMCIT Liability Coverage: Cities with liability insurance from the League of Minnesota Citiesmust decide whether or not to waive the statutory tort liability limits on an annual basis. If the limits are notwaived, an individual claimant is limited to $500,000 and the occurrence limit is $1,500,000. The City has chosento not waive the limits in past years. If the City waived the limits, there would be an additional cost for liabilityinsurance. It is recommended council not waive the limits.

Ordinances & Resolutions

Ordinance 2017 – 02, Amend Dundas City Code Chapter 1102: One of the prospective tenants of theredeveloped K-Mart building is a church. In addition to an amendment to the Zoning Code to permit religiousinstitutions in the Highway Commercial zoning district, CJB Real Estate II, LLC is requesting the City of Dundasamend tie portion of the City Code which governs the sale of alcoholic beverages to permit a licensed premiseto be located within 350 feet of a church. In the requesting letter dated March 27, 2017, CJB presentsinformation regarding Chapter 340A, the state statute governing the sale of alcoholic beverages. The requestalso lists several cities which do not have proximity restrictions. According to Northfield City Clerk, Deb Little,there is no restriction in their code. At the public hearing held to consider a change in the zoning code, CanvasChurch pastor Jeff Wendt indicated the church has no objection to the location and encouraged the PlanningCommission to support the change permitting religious institutions in the zone. Four letters of support for thechanges were entered into the record of the public hearing. The City has received an additional letter from alocal business owner and church member supporting the eliminations of the proximity requirement. The City hasnot received any letters or other communication objecting to an ordinance change to permit a holder of a liquorlicense to be located within 350 feet of a church. It is recommended the Council approve amending Dundas CityCode § 1102.15 (2) to eliminate the condition prohibiting the issuance of a liquor license within 350 feet of anychurch. (Motion)

New Business

Approve Attendance at LMC Annual Conference: Request normal and customary expenses forCouncilmembers and the City Administrator/Clerk to attend. The Conference will be held in Rochester on June14 through 16 and the cost for regular attendees is $400.00. (Motion)

Approve Lighting at Stafford Road and CSAH #1: Rice County has requested the City of Dundas indicate ifthere is an interest in installing overhead lighting at the intersection of Stafford Road and CSAH #1 during the2018 project. The City would be responsible for all costs. It is planned to incorporate the intersection lighting in

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the Stafford Road project. The intent is to work with the County to insure the lighting is compatible. Staffrecommends the installation and requests Council approve costs. (Motion)

Engineer’s Report

Powell has prepared an extensive memo regarding his activities..

Administrator’s Report

History Notes: The Village Council met again on March 24, 1879, and they were a lot busier than the firstmeeting. The Council appointed a treasurer and a marshal, passed a resolution instructing the marshal to keepthe peace, authorized the purchase of a seal, established a meeting place and formed a committee to contract tobuild a city hall. Ordinances passed at this meeting included:

#2 Which established a $100.00 fine for disorderly conduct and breaches of the peace, prohibitedindecently exhibiting stallions or bulls, prohibited discharging firearms and other explosions, prohibited hitchinghorses to ornamental trees, required horses and beasts of burden to be secured when unattended, banned falsealarms and banned horse racing.

#3 Established licensing for shows, concerts and circuses.#4 Established licensing for peddlers.#5 Prohibiting obstructing streets.

The Council met again on March 31, and established a lockup. They also amended Section 5 of Ordinance #3.Ordinance #6 prohibiting horses, cattle and other animals from running wild in the City was approved.On April 5, 1879, the Council met to pay several bills including what appears to be building materials for the cityhall. Ordinance #7 further regulated the sale and manufacture of alcoholic beverages. Ordinance #8 establisheda Board of Health and named the members.

Dukes Garage and Street Vacation: Staff has determined more information is needed prior to proceeding withthe street vacation. As it is an unused and undeveloped right-of-way, there will be no problem with the Dukesbuilding the garage. The City will own the structure as with all of the improvement to the baseball area the Dukeshave provided.

Commercial Development: The building official has approved commercial building permit applications for thenew 19,000 square foot Aldi store along with two build out retail spaces for MGM Liquor & Spirits and Behr’sUSA Flooring, located in the former K-Mart building. The two stores should occupy 13,650 of the approximately86,000 square foot building. Construction should begin shortly. The City has also received and approved anothernew single family home.

Dundas Dome: Building Official Benny Svien has approved a request from the Dundas Dome organization toallow the facility to remain inflated during the six (6) month period of non-use required for temporary structures.Maintenance can be performed during the period, but the dome cannot be occupied or used by other than alimited number of maintenance personnel. This will provide a significant financial savings to the owners andaccording to the request should increase the overall safety and life span of the structure.

Quarterly Dundas / Northfield Area Intergovernmental Meeting: Waterford Township will host the regular IGmeeting at 7:00 PM on Wednesday, April 19th.

Rice County Road Construction: Rice County has provided a list of the road projects they will be working onthis season. All of the county roads (No. 1, 8 & 20) in the City of Dundas are scheduled for a mill and resurface.

Kiosk: Two Carlton College professors brought a class touring mill sites along the Cannon River to view theinformational panels at the Mill Towns State Trail kiosk in the Dundas trailhead. The class was permitted into theArchibald Mill ruins to get a closer view of the structure.

Boards and Committees

NAFRS Equipment Committee: The equipment committee met on Monday April 3rd. Again much of themeeting was to receive information from the Rescue Squad regarding raising funds for the replacement rescuevehicle. The Committee received information on an infrared camera system which in integrated into thefacemask of the breathing apparatus. A request will be made to the joint powers board to budget capital fundsfor the purchase of 6 of the systems and a fire extinguisher training system. The training system is video basedand is OSHA approved for extinguisher training. The committee also had a very short and disconnected review

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of the equipment CIP with members Liebenstein and Castor agreeing to meet outside the Committee structureto update the CIP. This is the third meeting that I have attended which spent the majority of the time workingwith the Rescue Squad on the rescue vehicle.

Mill Towns State Trail JPB: The Board met in Dundas on April 5, 2017. The Board discussed the progress ofthe trail connection in Faribault and a report from MnDNR updating various items of concern. Northfield staffprovided an update on the work to coordinate the Northfield Comprehensive Plan with a proposed state trailalignment in the City. Members from Northfield emphasized the importance of providing reasonable access tothe downtown area from the state trail system.

Closed Meeting for Administrator Evaluation

The meeting will be closed as permitted by § 13D.05, Subd.3(a) to evaluate the performance of CityAdministrator/Clerk/Treasurer John M. McCarthy. After the evaluation the meeting will be reopened tosummarize conclusions regarding the evaluation.

Future Meeting ItemsItems listed may be moved to future meetings.

April 24, 20171. Consider CSAH #1 Trail Maintenance Agreement

ORDINANCE 2017-02

CITY OF DUNDASCOUNTY OF RICE, MINNESOTA

An Ordinance Amending Chapter 1102 Alcoholic BeveragesSection 1102.15(2) Conditions of License

THE CITY COUNCIL FOR THE CITY OF DUNDAS DOES HEREBY ORDAIN:

Dundas City Code Section 1102.15 is amended by deleting the words shown in strikeout tosection 1102.15 (2) as follows:

1102.15 CONDITIONS OF LICENSEAny license granted under this Chapter is subject to the following conditions, any

and all conditions imposed by the city council at the time of issuance or renewal, all otherconditions of this chapter and all other applicable ordinances of the City, and allregulations promulgated by the commissioner of public safety and statutes of the State ofMinnesota.

(1) No license shall be granted for operation on any premise on whichtaxes, assessment or other claims of the City are delinquent andunpaid.

(2) No license shall be issued to a location within 350 feet of anyschool or within 350 feet of any church.

****

(5) Any peace officer, health officer, or any properly designatedofficer or employee of the City shall have the unqualified right toenter, inspect and search the premises of the licensee duringbusiness hours without a warrant.

BE IT FURTHER ORDAINED BY THE CITY COUNCIL FOR THE CITY OFDUNDAS:

1. This Ordinance shall become effective immediately upon its passage andpublication.

2. The attached Summary of Ordinance 2017-02 is hereby approved forpublication.

ADOPTED by the City Council, of Dundas, Minnesota, on this 10th day of April 2017.

CITY OF DUNDAS BY: ATTEST:

__________________________ _________________________________Glenn Switzer, Mayor John McCarthy, City Administrator/Clerk

Ordinance 2017-02

_____________Switzer ____________Cruz _____________Fowler ____________Modory ____________Pribyl

Published in Faribault Daily News:______________________

ORDINANCE 2017-02

CITY OF DUNDASSTATE OF MINNESOTA

An Ordinance Amending Chapter 1102 Alcoholic BeveragesSection 1102.15(2) Conditions of License

The following is the official summary of Ordinance 2017-02, which was approved andadopted by the Dundas City Council on April 10, 2017:

The City amended Chapter 1102 Alcoholic Beverages, Section 1102.15 (2) to eliminate thecondition prohibiting the location of a liquor store within 350 feet of any church.

A copy of the entire Ordinance 2017-02 is available for inspection by any person during regularoffice hours at the Dundas City Hall, 216 Railway Street North, Dundas, MN 55019; and isposted at the Dundas city website: www.cityofdundas.org.

ADOPTED BY THE DUNDAS CITY COUNCIL on the 10th day of April 2017.

Published by order:John McCarthy, City Administrator/Clerkin the Northfield News on ___________________

March 27, 2017

Mr. John McCarthy City Administrator City of Dundas 216 Railway St. North P0 Box 70 Dundas, MN 55019-0070

RE: Request for Zoning Amendment Change

Dear Mr. McCarthy and Members of the Dundas City Council:

Please accept this letter, in addition to our comments at the necessary City Council meetings, in support of the proposed changes to Title 15, Sections 2 and 13 of the Dundas City Code pertaining to Hotels & Assembly Uses in the B-2 District.

As you are aware, our company purchased the former Kmart building and is in the process of redevelopment of that property. We have worked closely with the City of Dundas and Mr. John McCarthy in ensuring that all of our prospective leases, and the businesses operated by our prospective tenants, comply with all applicable provisions of the Dundas City Code.

One of our prospective tenants is Canvas Church, a growing and vibrant faith community looking to expand its worship and programming opportunities by relocating to a larger space. We are pleased that they are interested in our project and they are anxious to move into their new church home and continue in the expansion of their worship and programming. However, because Canvas Church is a religious institution, it appears that some slight modification of the Dundas City Code is necessary to permit this occupancy.

After significant discussion with Mr. McCarthy, Canvas Church, and the other prospective tenants, we are requesting the following amendments to the City Code:

Chapter 1500, Section 2 - Rename the definition of "Church" to "Religious Institutions".

Chapter 1500, Section 13, Subsection 4(B) - Add a new paragraph (6) to read:

Banquet Hall (Principal Use), Club or Lodge, or Religious Institution when part of a multi-tenant structure provided the aggregate of all such uses in a single structure does not occupy more than 25% of the structure or 1000 square feet, whichever is greater.

Mr. John McCarthy and Dundas City Council March 27, 2017 Page 2

These requested amendments were presented and discussed at the March 16, 2017, Planning Commission meeting. At that meeting, Canvas Church joined in our request to amend the City Code as stated above, and as presented that evening to the Planning Commission. After substantial discussion and consideration, these proposed amendments were passed by unanimous consent of the Planning Commission and recommended for passage to the City Council.

We are once again asking the City Council to adopt the unanimous recommendations of the Planning Commission to amend the Dundas City Code as stated above to permit Canvas Church to relocate to our building located within a B-2 Highway Commercial District.

On a related, but different topic. Section 1102.15(2) of the current Dundas City Code also contains a provision which prohibits an off-sale liquor store within 350 feet of any school or church. We are requesting that the City Council remove this provision as it pertains to churches and Religious Institutions.

At the request of Mr. McCarthy, we have conducted some research to determine whether there are state laws containing similar prohibitions on the proximity of off sale liquor stores and churches. Additionally, we have done some research to determine whether other cities and towns continue to have these types of prohibitions.

Although certainly not exhaustive, our research has disclosed that there is no Minnesota state law prohibiting an off-sale liquor store within 350 feet of a church or religious institution. Rather, this regulation is left to the discretion of each individual city. This conclusion is supported and verified by a 2016 study published by the Minnesota Department of Public Safety, Alcohol and Gaming Enforcement Division, entitled Minnesota Liquor Laws and Rules, Manufacturing, Wholesale and Retail. This study confirms that most of the state imposed location restrictions for off sale liquor licenses are contained in Minn. Stat. §340A.412, Subd. 4. There are no location restrictions pertaining to churches or religious institutions contained in that subdivision, that statute, or anywhere in Minnesota Statutes Chapter 340A.

Our research also disclosed an "Information Memo" written by the League of Minnesota Cities dated March 1, 2016, and entitled Liquor Licensing and Regulation. The information in this memo from the League of Minnesota Cities is identical to that contained in the Department of Public Safety study relating to the lack of any state law prohibiting off sale liquor stores within a certain distance of churches or religious institutions.

In addition to these two studies, our research disclosed that most towns and cities within the state of Minnesota have removed these distance restrictions. For example, the cities of the Hastings, Owatonna, Waseca, Lakeville, Winona, Minneapolis, St. Paul, St. Cloud, Edina, Fergus Falls, Duluth, and Moorhead have no ordinances or regulations prohibiting churches and off sale liquor stores from being within a certain distance of each other. Similarly, the City of Faribault exempts its downtown commercial district from any regulations or restrictions related to the proximity of off sale liquor stores and churches. This lack of any local regulations or restrictions on the

3/27/2017 CCE0327201 7_00000.jpg

Mr. John McCarthy and Dundas City Council March 27, 2017 Page 3

proximity of off sale liquor stores and churches is predominate, though not exclusive, when randomly searching other cities and towns throughout Minnesota.

Again, our research was not exhaustive, and was not intended to address every other town and city in the state of Minnesota. However, our research does verify the common perception that most cities and towns have removed these proximity restrictions from their commercial district off sale liquor regulations and ordinances.

We request that the Dundas City Council do the same and remove the proximity restriction contained in Section 1102.15(2) of the current Dundas City Code to permit both Canvas Church and MGM Wine and Spirits to be located in our development located within the B-2 Highway Commercial District.

Thank you for your thoughtful consideration of this request.

Very truly yours,

Christopher J. Brown, Vice President, CJB Real Estate H. LLC

https://mail.google.com/mail/u/0/?tab=nm#inbox/1 5b1 0b89697ef6a8?projector=1 1/1

2017 LMC Annual ConferenceSigns of a Vibrant City!

June 14-16—Mayo Civic Center, Rochester, MN

—REGISTER NOW! (Link to: https://mylmc.lmc.org/ebusiness/ProductCatalog/Product.aspx?ID=2669)

Is your city showing the signs of a vibrant community?

Get equipped with information, skills, and tools you'll need to keep your city moving forward.

During the 2017 Annual Conference you will:

Explore big trends and issues impacting local government, and how cities of ALL sizes can rise to the challenge

Step out of the conference center and explore city projects in action with tours and events in Rochester

Create connections during the exhibit hall featuring more than 120 vendors

Engage with colleagues from across the state and share your ideas and success stories

Plus, this year’s conference also features pre-conference programming focused on advanced training for newly elected officials and policing in the 21st century.

Date/Location:June 14-16—Rochester, MNMayo Civic Center

Page 1 of 32017 LMC Annual Conference

4/7/2017http://www.lmnc.org/page/1/AC2017.jsp

30 Civic Center Dr. SE. (view map) (Link to: https://www.google.com/maps/place/Mayo+Civic+Center/@44.0224878,-92.4586301,15z/data=!4m2!3m1!1s0x0:0x67c34e22220d3344?sa=X&sqi=2&ved=0ahUKEwjVqaia0LPSAhWf0YMKHQJaAJgQ_BIIdzAN) Rochester, MN 55904

Pricing:Regular Attendee—Fee: $400 (price increases to $450 after May 1)

First-Time Attendee—Fee: $150 (price increases to $450 after May 1)

Cities with Populations Under 1,000—Fee: $250 (price increases to $450 after May 1)

Company Representative—Fee: $600

The registration fees below include admission to all conference sessions, networking, and meal events. Lodging is not included in the fees.

Find out more about the 2017 Annual Conference:—Exhibit Hall (Link to: http://www.lmc.org/page/1/AC2017-ExhibitorPage.jsp) —Arts4Trails Field Tour (Link to: http://www.lmc.org/page/1/AC2017-Art4TrailsTour.jsp) —Rochester Development Field Tour (Link to: http://www.lmc.org/page/1/AC2017-RochesterFieldTour.jsp) —Exercise Events (Link to: http://www.lmc.org/page/1/AC2017-ExerciseEvents.jsp) —The Second City Workshop (Link to: http://www.lmc.org/page/1/AC2017-SecondCity.jsp) —Hotel Information (Link to: http://www.lmc.org/page/1/AC2017-Hotel.jsp) —Agenda (Link to: http://www.lmc.org/page/1/AC2017-Agenda.jsp) —Keynote Speakers (Link to: http://www.lmc.org/page/1/AC2017-Keynotes.jsp) —Session Tracks (Link to: http://www.lmc.org/page/1/AC2017-SessionTrackDescriptions.jsp) —Session Descriptions (Link to: http://www.lmc.org/page/1/AC2017-SessionDescriptions.jsp) —Pre-conference Workshop: Advanced Training for Newly Elected Officials (Link to: http://www.lmc.org/page/1/AC2017-NEOPreCon.jsp) —Pre-conference Workshop: Working Collaboratively to Address 21st Century Policing Challenges (Link to: http://www.lmc.org/page/1/AC2017-PolicePreCon.jsp)

Your LMC Resource

For questions or special accommodations (dietary/mobility):

Contact Jamie OxleyTraining Program Coordinator(651) 281-1250 or (800) 925-1122joxley@lmc.org (Link to: mailto:joxley@lmc.org)

Billing/Cancellation Policy:

If you cannot attend, please consider sending a substitute. All cancellations must be received in writing by 4:30 p.m. on Tuesday, May 30 and are subject to a 30% cancellation fee. Any cancellation received after this date and time will be billed at the full conference rate; no refunds will be made.

Meet our city vendors!

Page 2 of 32017 LMC Annual Conference

4/7/2017http://www.lmnc.org/page/1/AC2017.jsp

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John McCarthy

From: Jennifer Quinnell <jennifer.q@canvaschurch.cc>Sent: Wednesday, March 15, 2017 10:31 AMTo: John McCarthySubject: Canvas Church

March 15th 2017

City of Dundas Planning Commission

216 Railway St. North

PO Box 70

Dundas, MN 55019-0070

Dear City of Dundas Planning Commission:

My name is Jennifer Quinnell and I am the kid’s director and my husband Blake, is the kids Pastor at Canvas Church. We have two children one is 8 years old and the other 2. We have 1 child that is on the way and will be born in June. We have been very involved at Canvas church for the last 5 years and have watched this church grow substantially and are looking for a building that will continue to allow for growth.

Our church is wanting to lease out space in the old Kmart building here in Dundas. It has come to our attention that there is a city ordinance that a church and a liquor store is not allowed in close proximity to each other. I as a mother, of soon to be 3 young children, have no concerns at all or feel like it would be unwise for our church to be next to MGM. It would have absolutely no impact on our church or on MGM. I believe these two entities could co-exist and never have a problem. I believe our church would have an amazing impact on the city of Dundas and be a great addition to our town.

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Please consider allowing Canvas Church and MGM to be near one another and for continued growth in the city of Dundas.

Thank you for your time and consideration.

Blake and Jennifer Quinnell

101 Hester St E

Dundas, MN 55019

JENNIFERQUINNELL

KID'S DIRECTOR // CANVASCHURCH

canvaschurch.cc

540 Gateway Boulevard | Suite 100 | Burnsville, MN 55337 | (952) 737-4660

Equal Opportunity Employer | wsbeng.com

MEMORANDUM

To: Honorable Mayor and City Council

From: John M. Powell, P.E.

City Engineer

Date: April 10, 2017

Re: City Engineer Update

Following is an update on activities and tasks of the City Engineer:

Comprehensive Transition Process

This process includes the review of many documents such as the City Code, infrastructure record

drawings, current construction plans and contracts; as well as meetings with staff, etc. This

process is essentially complete; the draft document will be provided to City staff in the near

future for review. Any expenses incurred by WSB during the transition period are not charged to

the City.

Capital Improvement Program (CIP)

The City’s Draft CIP was discussed at the City Council Work Session on 3/27/17. Given the

direction received at that meeting, we will develop more detailed cost information for the near-

term projects; and will begin developing detailed design information for the sidewalk work.

CSAH 1 Reconstruction

The County had a question regarding street lighting, other than that we have received no new

information. Of note, the lighting style and fixture used at Stafford Road/CR 1 should be

consistent with future Stafford Road lighting and other City lighting. Once more detailed design

information is available from the County, we will prepare additional comments pertaining to the

Joint Powers Agreement. We are evaluating relocation options for the PRV replacement to

provide a more accessible site.

2016 Lift Station and Forcemain

Ongoing coordination regarding construction, specifications, and contract including expected

completion dates. Most of the activity is limited to the lift station site.

East Cannon River Trail

Ongoing coordination regarding construction, specifications, and contract including expected

completion dates.

DeMann Site

Preliminary comments on the Concept Plan were submitted for inclusion in the 3/16/17 Planning

Commission packet. We are awaiting an updated submittal for review.

Honorable Mayor and City Council

City Engineer Update – April 10, 2017

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Solar Garden

An application conference was held on 3/15/17; no further information has been received.

Ruth’s on Stafford

We have requested, but have not yet received, more detailed site information from the applicant

in order to complete our engineering review.

Wellhead Protection Plan (WHP)

The City of Dundas is required to complete a Wellhead Protection Plan by 8/27/19. An initial

meeting was held on 3/16/17 when a very preliminary delineation of the City’s wellhead

protection areas (WHPA) was discussed. The Minnesota Department of Health will be

developing the Part 1 plan over the next 6 months or so.

School/City Hall Site

A boundary and topographic survey will be prepared for this site within the next 2-3 weeks to aid

in the planning for development.

Minnesota Department of Transportation

We have made initial contact with MnDOT regarding the temporary traffic signal at the

intersection of Highway 3/Hester Street. They have indicated that they will be discussing the

timing of any upgrades for this signal in the coming weeks and months; no new information at

this time.

K-Mart site

The issue of parking for the off-leash dog park was raised recently, and with new building users,

staff will be in communication with the owner about the condition of the access drives and

parking areas.

Decker Avenue/Garrett Avenue Corridor

Participated with the City Administrator in a meeting held on 3/30/17 at the Bridgewater

Township Hall to discuss long-term planning for this corridor. Representatives from Rice

County, Dakota County, Bridgewater Township, Greenvale Township, Northfield, and MnDOT

were in attendance.

Bridgewater Heights

Obtained background on Bridgewater Heights development and will be working with other City

staff to determine our approach for addressing the condition of the west portion of Bluff Street.

As the list of activities/tasks continues to grow, the memo for the next City Council meeting

will have re-ordered items for clarity.