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2022-09-06 City Council Minutesy A,lb£rtvi l je &Naft�U*Wftcftuft. ALBERTVILLE CITY COUNCIL REGULAR MEETING MINUTES 1. Call to Order Mayor Hendrickson called the meeting to order at 7 pm. 2. Pledge of Allegiance — Roll Call September 6, 2022 — 7 pm Council Chambers Albertville City Hall Present: Mayor Hendrickson, Councilmembers Cocking, Olson and Zagorski Councilmember Hudson arrived at 7:43 pm Staff Present: City Administrator Nafstad, City Attorney Couri, Fire Chief Bullen, Finance Director Lannes and City Clerk Luedke 3. Recognitions — Presentations — Introductions — None 4. Public Forum — None 5. Amendments to the Agenda MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the September 6, 2022, agenda as submitted. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hudson. 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 August 1, 2022, City Council Meeting minutes as presented. B. Approve the August 15, 2022, City Council Workshop minutes as presented. C. Authorize the Tuesday, September 6, 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. D. Approve a Temporary Liquor License for the Albertville Lions Family Fun Day during the Farmer's Market on September 15, 2022, from 3 pm to 8 pm. E. Approve street closure request from Family Youth Community Connections for their 8th Annual Open Streets event on September 10, 2022, from 11 am to 1 pm. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the September 6, 2022, Consent Agenda as submitted. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hudson. The motion carried. 7. Public Hearing — None City Council Meeting Minutes Page 2 Regular Meeting of September 6, 2022 8. Wright County Sheriffs Office — Updates, reports, etc. There were no updates from the Wright County Sheriff s Department. 9. Department Business A. City Council Mayor Hendrickson provided an update from the Joint Powers Water Board meeting which included a discussion on services supplied to the cities by the Water Board and future projects. Councilmember Zagorski provided additional information from the meeting. City Administrator Nafstad answered questions from Council regarding services the Joint Powers Water Board performs for Albertville which includes the treatment of the City's water supply. B. Building — None C. City Clerk 1. Set Special Council Meeting to Canvass 2022 General Election Results City Clerk Luedke presented the staff report regarding setting a special meeting to canvass the November 8 General election results. She said City staff recommends setting the meeting for November 14, 2022, at 5:45 pm. MOTION made by Councilmember Zagorski, seconded by Councilmember Cocking to set the Canvasing Board meeting to certify the results of the November 8, 2022, General Election for 5:45 pm on Monday, November 14, 2022 in the Albertville Council Chambers. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hudson. The motion carried. 2. Set Truth in Taxation Hearing City Clerk Luedke said the City was required to set a date for the Truth in Taxation hearing. She said City staff recommends setting the hearing for Monday, December 5, 2022, at 6:15 pm. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to set the Truth in Taxation Hearing for the 2023 Levy for 6:15 pm on Monday, December 5, 2022 in the Albertville Council Chambers. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hudson. The motion carried. D. Finance 1. 2023 Preliminary Budget and Property Tax Levy Finance Director Lannes presented the staff report and said that once the preliminary budget was set that the final budget can be lower but it cannot be increased. She answered questions from Council. There was Council discussion regarding the purposed 2023 Tax Levy amount. The Council was concerned with the purposed amount but because the Council has the ability to reduce the amount at the time the final levy is approved in December, the consensus was to move forward with the preliminary tax levy because of the uncertain of the economy over the next couple of months. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt Resolution No. 2022-29 adopting the 2022 Preliminary Tax Levy collectable in 2023. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hudson. The motion carried. City Council Meeting Minutes Page 3 Regular Meeting of September 6, 2022 1. 2023 Preliminary Budget and Property Tax Levy - continued MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt Resolution No. 2022-30 adopting the 2023 Preliminary Budget. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hudson. The motion carried. 2. Approve a Gas Franchise Fee with CenterPoint Energy Finance Director Lannes presented the staff report. She said City staff would come back for Council's approval to set the fee amount in October 2022 and answered questions from Council. City Attorney Couri answered questions from Council regarding the formula used to establish the fee and said with a 5% across the board charge if someone is using more gas they would pay more which mimics the tax structure. There was Council discussion regarding the purposed gas franchise fee with CenterPoint Energy and whether to move forward with the fee. The Council's consensus was move forward with franchise fee and there was additional discussion that the franchise fee could be amended by ordinance if there were sufficient changes in gas fees. MOTION made by Councilmember Zagorski, seconded by Councilmember Cocking to adopt Ordinance No. 2022-10 implementing a Gas Service Franchise Fee on CenterPoint Energy Minnesota Gas for providing gas service within the City of Albertville. Ayes: Cocking, Hendrickson, Olson and Zagorski. Absent: Hudson. Nays: None. The motion carried. 3. City Server Replacement Finance Director Lannes presented the staff report which included details on the server replacement quote and she said the City budgets annually for the new server in the Capital Reserve Funds. She answered questions from Council. City Administrator Nafstad provided additional information on the City server replacement quotes. There was Council discussion regarding the City server replacement and the consensus was to move forward with the quote not to exceed $90,000. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to authorize City staff to accept quote from Business Ware Solutions for server hardware, upgrade, local back- up upgrade and set up for Azure storage not to exceed $90,000. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hudson. The motion carried. E. Fire — None F. Planning and Zoning — None G. Public Works/Engineering 1. Central Park — Review Quotes for Plaza and Trails City Administrator Nafstad provided background information on the Central Park Master plan. He said the Parks Committee would like to move forward with the concrete work for the sidewalk through the Park, the plaza area and the parking lot. Administrator Nafstad reported from the request for quotes sent out, he only received one back and it did not include a quote for the parking lot. He said since Central Park was heavily used during the summer and early fall, the City would City Council Meeting Minutes Page 4 Regular Meeting of September 6, 2022 like to conduct the work in mid -October. He provided information on other items to be done in the park at a later date which include new lighting to irrigation. Administrator Nafstad said the Albertville Lions has offered to assist with the payment of the park improvements. He answered questions from Council regarding other future projects. There was Council discussion regarding the quote for the concrete work for Central Park and the consensus was to move forward with approval of the quote. MOTION made by Councilmember Zagorski, seconded by Councilmember Cocking to approve a quote from Custom Building Inc in the amount of $114,870 for concrete work at Central Park. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. H. Legal 1. Temporary Moratorium on the Sale, Testing, Manufacturing or Distribution of THC Products City Attorney Couri presented the staff report which included the background information on the new bill that was signed into law for the legalization of the sale and distribution of products containing THC. He reported the new bill does not address a number of issues Minnesota cities have regarding THC and said the moratorium would provide the League of Minnesota Cities time to provide cities guidance on the issue. He said anyone selling THC products in Albertville today would be grandfathered in and can continue to sell THC products as a non -conforming business. He reported the moratorium would only effect new establishments that would like to sell or distribute the products. When asked about the enforcement of the moratorium, Mr. Couri said the City would be responsible for enforcing the moratorium ordinance. He added during the moratorium, the City would be required to study the item. Ms. Carol Moss, Attorney with Hellmuth & Johnson, 8050 W. 781' Street, Edina, said she was in attendance as a representative of an existing business. She said THC products have been sold in Albertville legally for the last couple of years. She said these changes to the Hemp laws was for consumer protection because now the State is attempting to regulate them. She said the League of Minnesota Cities will not be providing additional information and people will continue to purchase these items on-line. She answered questions from the Council and added she personally provided information on the bill and attended house meetings. She said that she did not think a moratorium on THC products was not necessary. There was Council discussion regarding the purposed moratorium, the legalization of the THC products, insurance safety and issues with impaired drivers and the consensus was to move forward with the moratorium to provide additional time to study the item for the safety of the Albertville residents. Councilmember Olson said he opposed to the moratorium because he was concerned enforcement could cost the city money. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt Interim Ordinance No. 2022-14 Prohibiting the Sale, Testing, Manufacturing, and Distribution of THC Products. Ayes: Cocking, Hendrickson, Hudson and Zagorski. Nays: Olson. The motion carried. City Council Meeting Minutes Regular Meeting of September 6, 2022 I. Administration There were no Administration updates. Announcements and/or Upcoming Meetings September 12 STMA Arena Board, 6 pm September 13 Planning Commission, 7 pm September 19 City Council, 7 pm September 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm October 3 City Council, 7 pm 10. Adjournment Page 5 MOTION made by Councilmember Cocking, second by Councilmember Zagorski to adjourn the meeting at 8:23 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. Respectfully subs fitted, Kristine A. Luedke, City Clerk