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2022-03-07 City Council Minutes Albertville s.a.V�UWW.a r--•Mo. ALBERTVILLE CITY COUNCIL REGULAR MEETING MINUTES March 7, 2022— 7 pm Council Chambers Albertville City Hall 1. Call to Order Acting Mayor.Cocking called the meeting to order at 7:13 pm. 2. Pledge of Allegiance—Roll Call Present: Acting Mayor Cocking, Councilmembers Hudson and Zagorski Absentee: Mayor Hendrickson and Councilmember Olson Staff Present: Fire Chief Bullen, City Attorney Couri, City Planner Brixius 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 MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to approve the March 7, 2022,agenda as submitted. Ayes: Cocking, Hudson and Zagorski.Nays:None. Absent: Hendrickson and Olson. 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 February 7, 2022, regular City Council Meeting minutes as presented. B. Authorize the Monday, March 7,2022,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 Albertville Knights of Columbus#4174 Lawful Gambling Permit application for a benefit to be held at St. Alberts Parish Center located at 11458 57th Street NE on April 30,2022.Accept 4th Quarter Budget to Actual reports. D. Adopt Resolution No. 2022-06 Reestablishing the City of Albertville's Precincts and Polling Locations. E. Approve Final Payment Estimate to Knive River for 2021 Street Improvements in the amount of$28,397.01. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to approve the March 7, 2022, Consent Agenda as submitted. Ayes: Cocking, Hudson and Zagorski.Nays:None. Absent: Hendrickson and Olson. The motion carried. City Council Meeting Minutes Page 2 Regular Meeting of March 7,2022 7. Public Hearing—None 8. Wright County Sheriffs Office—Updates, reports, etc. There were no updates from the Wright County Sheriff s Office. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena,Planning, JPWB,Parks, Fire Board, FYCQ Councilmember Zagorski said at the last Planning Commission meeting,the Commissioners stated they would like to thank City Planner Brixius for providing updates on future agenda/discussion items at the Planning Commission meetings. B. Building—None C. City Clerk—None D. Finance—None E. Fire—None F. Planning and Zoning 1. Amendment to the Albertville City Code relating to Side Yard Outdoor Storage in Residential Zoning Districts City Planner Brixius provided an overview of the proposed amendment to the City Code relating to side yard outdoor storage. He said the amendment would require the recreational vehicles be stored on the side yard along the garage side of the house,the storage site be accessed via an established driveway and the storage area be located on a defined pad. He answered questions from Council. Chief Bullen answered questions from Council regarding the proposed outdoor storage amendments. MOTION made by Councilmember Zagorski, seconded by Councilmember Hudson to adopt Ordinance No. 2022-03 approving amendments to the City's Zoning Code Section 1000.15.A.2.b; establishing performance standards for outdoor storage in a residential zoning district within a side yard and approve summary Ordinance for publication. Ayes: Cocking, Hudson and Zagorski.Nays: None. Absent: Hendrickson and Olson. The motion carried. 2. Amendment to Commercial Zoning Districts to allow Amplified Music to Outdoor Dining Conditional Use Permits City Planner Brixius provided an overview of the amendment to the City's Commercial Zoning Code. He said the proposed amendment would allow for amplified outdoor music at an establishment with an approved conditional use permit as long as the property does not border a residential use, residential zoning district or create an issue with the noise nuisance code. He answered questions from Council. City Council Meeting Minutes Page 3 Regular Meeting of March 7,2022 2. Amendment to Commercial Zoning Districts - continued City Attorney Couri answered questions from Council regarding what the penalty would be if an establishment violated the noise nuisance code by playing their music too loud. He added that he thought this would be a minor issue because establishments would not want to jeopardized their conditional use permit. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to adopt Ordinance No.2022-04 approving amendments to the City's Commercial Zoning Districts Sections 4300, 4350, 4400, and 4500 allowing electronically amplified outdoor music and audio devices accessory to approved outdoor dining conditional use permits and approve summary Ordinance for publication. Ayes: Cocking, Hudson and Zagorski.Nays: None. Absent: Hendrickson and Olson. The motion carried. G. Public Works/Engineering—None H. Legal 1. Update on Status of Maeyaert Property Ordinance Violations City Attorney Couri provided background information on the Maeyaert ordinance violations in which he stated the City had entered into a settlement agreement with Mr. Maeyaert last July. He said Mr. Maeyaert had until September of 2021 to bring his property into compliance but he had failed to do so. Mr. Couri added in fact last fall, Mr. Maeyaert begun to add additional items to his property. Mr. Court said he filed paperwork with the courts asking for an order that would authorize the City to enter the Maeyaert property and clean it up.Attorney Couri said a court date had been set for April 11 and he felt the City would get the order within 60 to 90 days after the court date to be able to clean up the property. He answered questions from Council as to whether the City can assess the costs associated with the clean up to the property owner. City Attorney Couri said he would update the Council after the April 11 hearing date. There was Council discussion regarding the property ordinance violations at the Maeyaert property. 1. Ordinance Violations at 5970 Kalland Circle N.E. City Attorney Couri provided background information on the ordinance violations at 5970 Kalland Circle. He said the property owner had indicated they would not remove the trailer or camper that were being stored improperly on their property. City Attorney asked if the Council would like to file a court order or wait until spring to see if the vehicles were moved. Mr. Couri answered questions from Council regarding the City's administrative fines process, if the City could recoup their expenses and the court action procedures. Councilmember Hudson recused himself due to a possible conflict of interest. There was Council discussion regarding the ongoing violations and the Council directed City Attorney Couri to move forward with the filing of the court action against the property owner. MOTION made by Councilmember Zagorski, seconded by Acting Mayor Cocking to authorize a court action against the owners of the property at 5970 Kalland Circle N.E.to remove a trailer and a camper that are both being stored on the lawn in the side yard. Ayes: Cocking and Zagorski.Nays: None. Abstained: Councilmember Hudson. Absent: Hendrickson and Olson. The motion carried. City Council Meeting Minutes Page 4 Regular Meeting of March 7,2022 I. Administration 1. City Administrator's Update Fire Chief Bullen stated effective March 31, 2022,Republic Recycling would be updating their recycling routes within Albertville and beginning in April,the entire City would be on the same recycling schedule. Councilmember Zagorski said he would like to add a motion to congratulate the STMA High School Wrestling Team. Acting Mayor Cocking directed staff to add a proclamation to the following Council meeting congratulating the wrestling team. Announcements and/or Upcoming Meetings March 8 Planning Commission, 7 pm March 14 STMA Arena Board, 6 pm March 21 City Council, 7 pm March 28 Joint Powers Water Board, 6 pm Parks Committee, 7 pm April 4 City Council, 7 pm 10. Adjournment MOTION made by Councilmember Hudson, second by Councilmember Zagorski to adjourn the meeting at 7:51 pm. Ayes: Cocking,Hudson and Zagorski.Nays: None. Absent: Hendrickson and Olson. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk