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2021-08-02 City Council Minutes NbertAlle SnIM*,UdA&ftM.We. ALBERTVILLE CITY COUNCIL REGULAR MEETING MINUTES August 2,2021 —7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7:01pm. 2. Pledge of Allegiance—Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski Staff Present: City Administrator Nafstad, Chief Bullen, City Attorney Couri, City Planner Brixius, Finance Director Lannes and City Clerk Luedke. 3. Recognitions—Presentations—Introductions—None 4. Public Forum There was no one present for the public forum. 5. Amendments to the Agenda City Administrator Nafstad added an item under the Legal section as H1 entitled AVA Developer Agreement. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to approve the August 2, 2021, agenda as amended. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.Nays: None. The motion 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. Items pulled will be approved by a separate motion. A. Approve the July 19, 2021, Council Workshop minutes as presented. B. Approve the July 19,2021, regular City Council Meeting minutes as presented. C. Authorize the Monday,August 2, 2021,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. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the August 2, 2021, Consent Agenda as presented. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.Nays: None. The motion carried. 7. Public Hearing—None 8. Wright County Sheriffs Office—Updates, reports, etc. There were no updates from the Wright County Sheriff's Office. City Council Meeting Minutes Page 2 Regular Meeting of August 2,2021 A. Wright County Sheriffs Office Law Enforcement Services Contract for 2022-2023 City Administrator Nafstad presented the staff report and answered questions from Council. MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to approve the Law Enforcement Services Contract with the Wright County Sheriff's Office for January 1, 2022 to December 31, 2023. Ayes: Cocking,Hendrickson, Hudson, Olson and Zagorski. Nays:None. The motion carried. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena,Planning,JPWB,Parks, Fire Board, FYCQ Councilmember Olson provided an update from the FYCC meeting and said that FYCC would have a small budget increase for next year. He also provided an update from the Joint Water Board meeting which included information on their enforcement of this year's water restrictions. City Administrator Nafstad provided an update from the STMA Arena Board meeting which included information on the open staff position at the arena. B. Building—None C. City Clerk 1. Special Event Permit and Temporary Liquor License Application for the Albertville Lions Classic Car Show City Clerk Luedke presented the staff report which included details on the classic car show event and the requested street closures. She answered questions from Council. MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to approve a Special Event Permit and One-Day Temporary Liquor License for the Albertville Lions for their Annual Cruisin' &Rock'n Car Show on September 11, 2021 from 3 pm to 11 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.Nays: None. The motion carried. 2. Consider Amendment to Title 6, Chapter 2,Animal Control Ordinance City Clerk Luedke presented the staff report which included details on the proposed ordinance amendments which would eliminate the dog licensing requirement section and add the dangerous dog enforcement requirements. She answered questions from Council. City Administrator Nafstad provided additional information on the proposed amendments to the current ordinance and answered questions from Council. MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to adopt Ordinance No. 2021-11 amending Title 6, Chapter 2 of the Albertville City Code relating to Animal Control and authorize the publication of a summary ordinance. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.Nays:None. The motion carried. D. Finance—None E. Fire City Council Meeting Minutes Page 3 Regular Meeting of August 2,2021 1. Otsego "Evaluation of and Planning for Future Fire Service Delivery Options" Study Fire Chief Bullen provided background information on Otsego's fire service discussions. He said the City of Otsego contracted a company to complete a study for recommendation for their City's future fire service options. He said that he and the fire chiefs of the cities of Elk River and Rogers met with the City of Otsego and their consultant to discuss the different City's staffing and procedures. He said a future meeting is planned for mid-August. Chief Bullen said the City of Otsego has already started the construction of a new fire station without a plan for future fire service. He added that the Albertville Fire Department could not currently staff the new Otsego fire station and was not sure what the staffing levels would be in two years when the construction was completed. He provided details on the current fire calls the Albertville Fire Department responses to and answered questions from Council. City Administrator Nafstad provided information on the Fire Advisory Committee and answered questions from Council. The was Council discussion regarding the City of Otsego's future fire service options. F. Planning and Zoning 1. Pysk Property—Town Homes/Mixed Use Concept Plans City Planner Brixius presented the staff report which included details on two different concept plans that had been submitted along with the building perspectives and floor plans of the town homes. He said that any actions on the concept plan would not convey any development rights to the applicant. He reviewed the November 2020 Joint Council and Planning meeting and said at the time the consensus was to maintain commercial land use along County Road 19 and to evaluate proposed changes to the City's Land Use Plan on a case by case basis. Mr. Michael Margulies of Valerian LLC was present and provided additional information on the two different site concept plans. He said both concept plans would include a commercial and resident component and that a similar site was just opened in the City of Hugo. Mr. Margulies said that the developer was prepared to follow the Council's guidance and provide additional green space. He answered questions from Council. City Attorney Couri and City Administrator Nafstad answered questions from Council. There was much Council discussion regarding the two different proposed concept plans,the other developments already approved for the area and other possible land use options for the site. The majority of the Council preferred option 1 of the concept plans but would like additional green space to be added to the plan. G. Public Works/Engineering—None H. Legal 1. AVA Development Agreement City Attorney Couri said he received a call from AVA and they said that they had applied for financial assistance and one of the requirements was that the plat would need to be recorded seven days before the closing date. He said normally the plat would be recorded on the day of closing once the City receives the letter of credit from the developer. Mr. Couri said he would confirm this information with the developer's attorney. He said if the Council approved the City could release the plat before the closing date so it could be recorded as a result the developer could secure their funding and then the City Council Meeting Minutes Page 4 Regular Meeting of August 2,2021 1. AVA Development Agreement- continued City could receive the letter of credit after that time. He said he would require the developer to sign an agreement before the City released the plat. Mr. Couri said the risk would be if something fell apart on the developer's end then City would have a plat that was recorded and streets that were platted without funding. He answered questions from Council regarding the process. City Administrator Nafstad answered questions for Council regarding the recording process and AVA's possible funding source. There was Council discussion regarding the AVA Development Agreement and the consensus was to wait for further information. City Attorney Couri said that he would bring more information back to the next City Council meeting. I. Administration 1. Consider Participation in the Wright County Economic Development Authority— tabled at the May 17,2021 City Council Meeting City Administrator Nafstad presented the staff report which included further details on the Wright County Development Authority. He said that all of the other Wright County cities have decided to participation in the Wright County EDA and added that the EDA may be providing funds to the member cities for development uses. He answered questions from Council. Finance Director Lannes answered questions from Council regarding the restrictions on what the possible funds could be used for in the City. City Attorney Couri provided additional information on the EDA and possible tax levies. He answered questions from Council. There was Council discussion regarding participating in the Wright County Economic Development Authority. MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to adopt Resolution No. 2021-022 opting the City of Albertville to participate in the Wright County Economic Development Authority. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.Nays: None. The motion carried. 2. City Owned Outlot(Outlot B Northwest Commercial Park) City Administrator Nafstad said the City owns the lot behind the Albertville Mall and Scherer Brothers may be interested in purchasing it because another company was interested in purchasing their current lot in Albertville. He said that the open lot is currently on the City's tax roll and that the City pays approximately $35,000 in taxes annually on it. He said his concept was to convene the property to Scherer Brothers to build a plant similar to what they currently have. He asked Council if they felt this would be a good use for the site because it would require a zoning amendment and if the Council was interested in convening the lot to Scherer Brother because if so the City would have Northland Financial run the numbers. He answered questions from Council. Finance Director Lannes and City Planner Brixius provided additional information and answered questions from Council. There was Council discussion regarding the City owned lot and the consensus was to move forward. City Council Meeting Minutes Page 5 Regular Meeting of August 2,2021 3. City of Administrator's Update City Administrator Nafstad provided information on the STMA Ice Arena which included a possible agreement with Hat Trick to open a retail space and the Hen and the Hog possibly taking over the concession stand at the arena. He answered questions from Council. 4. Closed Meeting to discuss the City of Albertville vs. Chuck Maeyaert Litigation Mayor Hendrickson called for a motion to close the meeting to discuss the litigation. MOTION made by Mayor Hendrickson, seconded by Councilmember Cocking to closed the meeting. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. The Council discussed the litigation between the City and Chuck Maeyaert. City Attorney Couri stated the meeting was reopened and asked the Council to approve the agreement. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the Nuisance and Zoning Violation Abatement Agreement between Charles J. Maeyaert and the City of Albertville. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. Announcements and/or Upcoming Meetings August 9 STMA Arena Board, 6 pm August 10 Planning Commission, 7 pm August 16 Council Budget Workshop, 6 pm August 16 City Council, 7 pm August 23 Joint Powers Water Board, 6 pm Parks Committee, 7 pm August 30 Joint Governance Meeting, 6 pm 10. Adjournment MOTION made by Councilmember Hudson, second by Councilmember Olson to adjourn the meeting at 10:30 pm. Ayes: Cocking,Hendrickson, Hudson, Olson and Zagorski.Nays:None. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk