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2022-06-20 City Council MinutesNbertAlle sm ALBERTVILLE CITY COUNCIL REGULAR MEETING MINUTES 1. Call to Order Mayor Hendrickson called the meeting to order at 7:01 pm. 2. Pledge of Allegiance — Roll Call June 20, 2022 — 7 pm Council Chambers Albertville City Hall Present: Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Planner Brixius, City Attorney Couri 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 Olson, seconded by Councilmember Cocking to approve the June 20, 2022, agenda as submitted. 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 June 6, 2022, regular City Council Meeting minutes as presented. B. Authorize the Monday, June 20, 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. Adopt Resolution No. 2022-19 Appointment of Election Judges and Absentee Ballot Board for the Primary Election on August 9, 2022. D. Adopt Resolution No. 2022-20 Accepting a Donation from the Albertville Lions for Rescue Air Bags for the Albertville Fire Department. E. Approve a Driveway Replacement Contract for property owners Gregory & Linda Mozis located at 5551 Kahler Drive NE, Albertville, MN 55301. F. Approve a Driveway Replacement Contract for property owners Riley Ross & Antoinette Menth located at 10307 Karston Avenue NE, Albertville, MN 55301. City Council Meeting Minutes Regular Meeting of June 20, 2022 Page 2 6. Consent Agenda — continued MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the June 20, 2022, Consent Agenda as submitted and thank the Albertville Lions from their donation to the Albertville Fire Department. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 7. Public Hearing — None 8. Wright County Sheriffs Office — Updates, reports, etc. 1. Wright County Sheriff Deringer's Presentation — 2023 Contract Hours City Administrator Nafstad introduced the item. Wright County Sheriff Deringer discussed the current City's Wright County Sheriff's contract which include 28 hours of coverage per day. Sheriff Deringer said in 2021, he recommended the City add an additional 2 hours of service a day beginning in 2023. He answered questions from Council regarding the City's current contract. The Council thanked Sheriff Deringer for attending the Council meeting. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCQ Councilmember Zagorski reported at the Planning Commission meeting, the Commissioners discussed the items that City Planner Brixius would be presenting at tonight's meeting. Councilmember Hudson said he attended the Wright County Mayor's Association meeting which included a briefing on the Buffalo incident from last year and the formation of a Wright County Voter Integrity group to discuss voter concerns regarding election processes. B. Building — None C. City Clerk — None D. Finance — None E. Fire — None F. Planning and Zoning 1. Pysk Property West Concept Plan Discussion City Planner Brixius provided background information which included the proposed location, property details and zoning information. He said the Pysk Concept Plan included owner occupant housing and townhomes. He discussed the possible extension of a connection road and the transportation needs of the project. Planner Brixius answered questions from Council. City Administrator Nafstad provided details on the next steps the applicant would need to do if they chose to move forward and answered questions from Council. Mr. Ian Peterson, Integrated Properties, reported the concept plan was a work in progress and said his company was looking for feedback from the Council. He provided details on the possible housing designs and answered questions from Council. City Council Meeting Minutes Page 3 Regular Meeting of June 20, 2022 1. Pysk Property West Concept Plan - continued There was Council discussion regarding the concept plan, future development of the land along County Road 19, conserving the commercial corridor on County Road 19 and the housing demand in the area. The majority of the Council were interested in the concept moving forward. 2. Recreational Vehicle Use on City Streets City Planner Brixius said the City previously approved golf cart use on public streets. He said at the time, the City did not require golf carts to be permitted but in researching the addition of Class 2 all - terrain vehicles (ATVs) to the permitted uses, City staff discovered per State Stature a permit was required for all recreational vehicle use on public streets. Planner Brixius provided details on the amended requirements for both golf carts and Class 2 ATVs. City Attorney Couri answered questions from Council regarding the State's permitting requirements and the City's responsible if permitted vehicles were in an accident. City Administrator Nafstad provided a brief summary of the item and asked Council if they would like to add both Class 1 and Class 2 ATVs to the ordinance. Mr. Tim McLennan, 10411 54 h Street, St. Michael, explained the difference between Class 1 and Class 2 ATVs and answered questions from Council. There was Council discussion regarding the recreational vehicle use permit process, the difference between Class 1 and 2 ATVs and if Class 1 ATVs should also be allowed on public streets. The Council consensus was to amend the ordinance to allow Class 1 ATVs on local street with a permit. City Administrator Nafstad said City staff recommended charging a $50 fee for a three-year permit. City Clerk Luedke explained the City's permitting process and answered questions from Council. MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to adopt Ordinance No. 2022-05 amending the Albertville City Code, Title 7 Motor Vehicles and Traffic, Chapter 3: Snowmobiles, Recreational Vehicles and Motorized Golf Carts; Allowing Golf Carts and Class 2 ATVs to travel on local public streets within the City with an approved City permit as amended by the addition of Class 1 ATV's and approve summary Ordinance for publication. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to charge a $50 fee a recreational vehicle permit for a three-year period. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 3. Swimming Pool Fence Amendment City Planner Brixius said the City has received some inquiries regarding the use of just pool covers instead of fencing for swimming pools. He said this amendment would clarify the swimming pool fence requirements and he answered questions from Council. City Administrator Nafstad answered questions from Council regarding fence sizes, pool enclosure and fencing requirements. There was Council discussion regarding swimming pool barriers, fencing sizes and safety issues around swimming pools. City Council Meeting Minutes Page 4 Regular Meeting of June 20, 2022 3. Swimming Pool Fence Amendment - continued MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt Ordinance No. 2022-06 amending the Zoning Code, Chapter 1000, Section 1000.5 C.3, pertaining to swimming pools accessory to single family and two-family lots and the required fences or enclosures to restrict access to swimming pools and approve summary Ordinance for publication. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 4. Vehicle Weight Classes and Load Amendment City Planner Brixius provided background information which included details on the amendment which would provide a better vehicle description for vehicles that are prohibited from being stored or parked on residential street. He said the MnDOT vehicle classifications would allow for easier identification for Code Enforcement Officers for vehicles over 12,000 pounds gross weight. Chief Bullen answered questions from Council regarding the MnDOT vehicle classifications. City Administrator Nafstad answered questions from Council regarding the intent of the amendment in regards to off-street parking in the residential areas. There was Council discussion regarding vehicle parking in residential neighborhoods and if larger vehicles should be allowed to park in residential areas. The Council consensus was to allow vehicles over Class 3 to park between 6 am to 6 pm on residential streets. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to adopt Ordinance No. 2022-07 amending the City Code, Title 7 Motor Vehicles and Traffic, Chapter 1 General Traffic Provisions, Subsection 2 Vehicles with Lugs; Vehicle Weight and Load; pertaining to vehicle weights/sizes permitted on local streets in the City of Albertville as amended by allowing parking between 6 am to 6 pm and approve summary Ordinance for publication. Ayes: Cocking, Hendrickson, Hudson and Zagorski. Nays: Olson. The motion carried. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to adopt Ordinance No. 2022-08 amending Section 1000.15 AA: Outside Storage, Residential, Commercial and Industrial Uses and Section 1200.4.F Off -Street Parking requirements of the Albertville Zoning Code; limiting the weight and size motor vehicles allowed to be parked or stored on a residential lot and approve summary Ordinance for publication. Ayes: Hendrickson, Hudson, Olson and Zagorski. Nays: Cocking. The motion carried. 3. Solar Energy System Regulations City Planner Brixius provided the background information which included the need to add solar panels standards to the zoning code to address the location, setbacks and design installation. He answered questions from Council. Fire Chief Bullen answered questions from Council regarding fire standards for rooftop solar panels and added that the recommended standards are included in this amendment. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to adopt Ordinance No. 2022-09 amending Chapter 1000 and Section 1000.24 establishing the Zoning regulations for the installation of building integrated solar energy systems and approve summary Ordinance for publication. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. City Council Meeting Minutes Regular Meeting of June 20, 2022 Page 5 G. Public Works/Engineering — None H. Legal 1. Contract to Remove Nuisances and Zoning Violations from The Maeyaert Property City Attorney Couri said he met with Mr. Maeyaert and explained the nuisance items removal process to him. He reported he also spoke with Trilogy Properties regarding their bid for the nuisance removal and said City staff was requesting from Council approval to work with the contractor consistent with what items were on the property at the beginning of the removal process because some of the portable items changed daily. He said the removal process would begin on July 5, 2022. He answered questions from Council regarding the City's reimbursement for the contractor's contract. City Administrator Nafstad answered questions from Council regarding the contract with Trilogy and said the City had only received one quote. MOTION made by Councilmember Zagorski, seconded by Councilmember Hudson to authorize City staff to retain the services of Trilogy Properties of MN, LLC to remove or remedy City Code violations from the Maeyaert property consistent with the Wright County District Court's April 11, 2022, order. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. I. Administration 1. City Administrator's Update City Administrator Nafstad said the City has been working with Mr. Stangler on the Pro Concrete CUP because the items have not been completed by the June 19 deadline. He reported Mr. Stangler had requested an extension and said City staff would work with him. Administrator Nafstad said he would update the Council at their next meeting. Announcements and/or Upcoming Meetings June 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm July 4 City Offices closed in observance of Independence Day July 11 STMA Arena Board, 6 pm July 12 Planning Commission, 7 pm July 18 City Council, 7 pm 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Olson to adjourn the meeting at 8:57 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. Res ectfully submitted, Kristine A. Luedke, City Clerk