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2020-05-18 City Council MinutesA,lbertville , so"Tow" I", ft C0,0 Lq*, Monday, May 18,2020 Via Video Conference APPROVED MINUTES W1111][101 11�W Mayor Hendrickson called the meeting to order at 7:02 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Councilmembers Cocking, Halting, Hudson and Olson Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Alan Brixius, and Finance Director Tina Lannes Others Present: Blau- Huggins, Ryan Gleason, Bob Zagorski, Brock Potter, Ruth Kremer, Paul Buhrmann, Rick Ebersville, Mike Kessler, Blake Beaudry, Brad O'Neil 4. PUBLIC FORUM There was no one present for the forum, S. AMENDMENTS TO THE AGENDA There were no amendments to the agenda. Motioned by Cocking. seconded Olson, approve the Agenda as presented. Ayes: Hendrickson, Cocking, Halling, Hudson and Olson. Nays: None. Absent: None. MOTIONDECLARLD CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the May 4, 2020 regular City Council meeting minutes as presented B. Authorize the Monday, May 18, 2020 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been Page 1 provided to City Council as a separate document and is available for public view at City Hall upon request C. Partial Payment for Westwind Park Improvements for Final Pay Estimate in the amount of $65,129.81 to Oman Contracting D. Approve Pay Estimate No�. 9 to Latour Construction, Inc. in the amount of $99,857.16 for Albertville WWTP and Discharge Improvements Motioned by Olson, seconded by Cocking, to approve the consent agenda as amended. Ayes: Hendrickson, Cocking, Hulling, Hudson and Olson. Nays: None. Absent: None. MOTION DECLARED CARRIED. 7. Public Hearings — None 8. Wright County Sheriff's Office — Updates, reports, etc. There were no updates from the Sheriff's Office. 9. Department Business A. City Council 1). Pandemic Related Discussion Topics a. Governor's Executive Order Nafstad reported that in the last week there have been a couple requests that the city not enforce the Governor's Executive Order and one of the requests included a proposed resolution to that effect. Nafstad explained the League of MN Cities recently published a merno regarding these types of resolutions. Nafstad asked the city attorney to review both the requested non -enforcement resolution and the League's memo. Couri stated that the law is clear the Governor may arnend rules to the emergency management of the state. There have been challenges whether the Governor has these rights constitutionally. Couri stated the city does not have the authority to contradict the order. Constitutional matters are above the city's authority. Secondly, since the city contracts with Wright County for law enforcement services, could the city request the Sheriff's Office to not enforce the order. Couri stated that the Sheriff holds certain authority has well and the city cannot direct his office to do so. Additionally, the deputies take an oath to uphold the law and he did not believe they would enforce such a resolution if passed. Couri stated that the city is insured by the League but generally covers accidental occurrences. Direct violation of law may result in the city not being covered if sued. The other issue is that if a person contract COVID-1 9 under or during such a resolution, could open the city up to further lawsuits. Other issues include that establishments holding liquor licenses that violate the law are subject to revocation of their liquor license. Also, he stated that there are a number of requests in the bonding bill for funding for city related projects and they do know the impact of how the resolution may impact those requests. Court emphasized that this is a new situation and hasn't been litigated before; Hudson shared the content of the proposed resolution and some of the history of it came to be. He stated that he had seen a social media post inquiring why no one was at the outlet mall when it was to be opened today. He felt this is an unprecedented situation and felt the Governor's response was political in nature rather than following science. City Council Meeting Minutes Page 2 Regular Meeting of May 18, 2020 Hudson stated that he spoke with the Wright County Sheriff and was informed that the department will respond to complaints, inform the violators of their violation of the order but there would be no tickets or arrests. He felt that would be the intent of this proposed resolution. Cocking inquired if any city resources have been used to enforce the order and Nafstad stated nothing other than temporarily closing playground equipment. Cocking felt the order exceeds authority but felt this is the forum to take this on. He had concerns that if businesses were to receive a fine, they could come back to the city as a liability if the resolution is passed. He also had concerns that if passed that bonding funds before the Governor for signature may not be approved and that would 2.5 million Albertville taxpayers would need to cover for the wastewater treatment plant improvements. Couri stated that the city does not have the authority to direct the Sheriffs department and he could see it difficult to defend if sued. Brock Potter inquired when the Council is sworn in office if they swear to uphold the constitution and Cocking replied that is correct. Potter then inquired why it isn't part of the Council's duties to do so. Couri stated that the proper place to defend the constitution is court or legislative. Cocking stated that the ability for businesses to open or not is caused by the city. Ruth Kremer stated that she does agree with the city attorney regarding liability. She indicated what the City of Rogers did instead which was a resolution to encourage the Governor to allow businesses to open. She also felt that it is not responsible for small businesses to open and say they are ready without the proper procedures. She inquired if the resolution could be amended to reflect that and Hudson was not willing to change the text. Frank Hailing stated that it is important to support local businesses. Cocking felt there were other ways to help and offered multiple options. He felt the resolution doesn't do want they want which is actually open businesses but is a political statement. He felt it would not change the current situation. Hailing and Hendrickson were in support of any extra funds or ways to support businesses. Hendrickson's concerti was that the resolution would provide a sense of a safety net if it. The city cannot do anything to legally keep businesses open. Olson felt that by passing a resolution to not enforce the order opens the city to have more to lose than to gain. Motioned by Hudson to Approve Resolution 2020-XXX that states City Resources, whether physical, financial or, including but not limited to law enfiffeement, city staffandpersonnel, city contractors and subcontractors, or assistance of ally kind tied to the city, or any cooperation to any other governments including federal, state, or county, shall not be used to enfi)rce any of Governor Walz'Executive Orders, including but not limited to, Executive Order 20-33 and any other orders that infringe on people's constitutionally protected rights, especially as it relates to COVID-19. There was no second. MOTION FAILED. b. Requests for Relief City Council Meeting Minutes Page 3 Regular Meeting of May 18, 2020 Nafstad reported that one business has requested at least a partial rebate of their liquor license fees and the Council will be discussing this at a future date. c. Reopening Planning Nafstad stated that the Emergency Management Director/Fire Chief is working on a re-entry plan for City Hall, which is slated for potentially June 1, depending on when suppliesarrive. Halling was supportive of maintaining remote work if work is not degraded. 2). Committee Updates (STMA Ice Arena, Planning,,JPWB, Parks, Fire Board, FYCC, etc.) Joint Powers Water Board Olson stated that the previous meeting a generator was approved for the water plant. There will be no meeting this month. 11M C. Finance — None D. City Clerk -None E. Public Works/Engineering — None F. Planning/Zoning — None G. Building —None I 1. Administration 1). City Administrator's Update Nafstad reported that there are many construction projects that are on -going. Nafstad stated that both the $2.5 million for wastewater treatment plant and $64 million for the 1-94 expansion were both included in the Senate's draft bonding bill. 10. Announcements and/or Upcoming Meetings May 25 City Hall Closed, Memorial Day May 26 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. June I City Council, 7:00 p.m. June 8 STMA Ice Arena Board, 6:00 p.m. June 9 Planning Commission, 7:00 pm. June 10- 14 Albertville Friendly City Days, CANCELLED June 15 City Council, 7:00 p.m. June 22 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. City Council Meeting Minutes Page 4 Regular Meeting of May 18, 2020 Motioned by Cocking, seconded by Halling, to a4iourn the meeting at 8:10p.m. Ayes: Hendrickson, Cocking, Halling, Hudson and Olson. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, Tina L. Lannes, Acting City Clerk City Council Meeting Minutes Page 5 Regular Meeting of May 18, 2020