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2023-01-17 City Council Agenda Packet City of Albertville Council Agenda Tuesday, January 17, 2023 City Council Chambers 7 pm PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. 1. Call to Order 2. Pledge of Allegiance – Roll Call Pages 3. Recognitions – Presentations – Introductions 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 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 January 3, 2023, regular City Council Meeting minutes as presented. 3-6 B. Authorize the Tuesday, January 17, 2023, 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. 7 C. Approve One-Day Temporary Consumption and Display Permit application for the Albertville Fire Relief Association and an exemption from prohibition of liquor consumption at the Albertville Fire Hall, located at 11350 57th Street NE for February 18, 2023. 8-9 D. Authorize the promotion of the following individual from Reserve Firefighter to Probationary Paid-On-Call Firefighter with the Albertville Fire Department: Jason Kohout 10-11 E. Approve the annual permit renewal for Consumption and Display of liquor for the Albertville City Hall building, located at 5959 Main Avenue NE, for the period of April 1, 2023 through March 31, 2024. 12 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) 2. Declare a Vacancy on the Albertville City Council 13-15 (Motion to adopt Resolution No. 2023-04 declaring a vacancy on the Albertville City Council.) City of Albertville City Council Agenda Tuesday, January 17, 2023 Page 2 of 2 B. Building – None C. City Clerk – None D. Finance – None E. Fire – None F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal – None I. Administration – None 10. Announcements and/or Upcoming Meetings January 23 STMA Arena Board, 6 pm Parks Committee, 7 pm January 30 Joint Governance Meeting, 6 pm February 6 City Council, 7 pm February 13 STMA Arena Board, 6 pm February 14 Planning Commission, 7 pm February 20 City Offices are closed in observance of President’s Day February 21 City Council, 7 pm (Tuesday) 11. Adjournment ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES January 3, 2023 – 7 pm Council Chambers Albertville City Hall City Clerk Luedke administered the Oath of Office to Mayor Hendrickson, Councilmembers Olson and Zagorski. She presented them with their Certificate of Election. 1. Call to Order Mayor Hendrickson called the meeting to order at 7:05 pm. 2. Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Olson and Zagorski. Staff Present: City Administrator Nafstad, Fire Chief Bullen, 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 There were no amendments to the agenda. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to approve the January 3, 2023, agenda as submitted. Ayes: Cocking, Hendrickson, 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 December 5, 2022, Truth-in-Taxation Meeting minutes as presented. B. Approve the December 5, 2022, regular City Council Meeting minutes as presented. C. Authorize the Tuesday, January 3, 2023, 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. Adopt Resolution No. 2023-01, designating Officials, Consulting Firms and Depositories for 2023. E. Approve an On-Sale Temporary Liquor License for the Church of St. Albert’s Dinner event on February 18, 2023, to be located at St. Albert Parish Center, 11458 57 Street. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of January 3, 2023 6. Consent Agenda - continued F. Adopt Resolution No. 2023-02 accepting a Donation from the STMA Rotary Club for a Sunshade for Central Park. G. Reduce Letter of Credit No. 1053431344, held as security for The Preserve at Albertville, to no less than $123,335 conditioned on any outstanding balances owed to the City being paid in full. H. Reduce Letter of Credit No. 6330559, held as security for the Towne Lakes 7th Addition, to no less than $122,275 conditioned on any outstanding balances owed to the City being paid in full. I. Reduce Letter of Credit No. 162, held as security for the Hunters Lake Development, to no less than $37,080 conditioned on any outstanding balances owed to the City being paid in full. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the January 3, 2023, consent agenda as submitted. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. Wright County Deputy Kroll reviewed the incidents that had happened in the City of Albertville within the last few weeks and answered questions from Council. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) There were no City Council Updates. 2. Approve 2023 Board and Committee Appointments There was Council discussion regarding the various 2023 board and committee appointments. Due to the Joint Powers Water Board meeting schedule, Councilmember Zagorski agreed to be the Board liaison and Mayor Hendrickson said she would be the alternate. Councilmember Zagorski said he would take over the Board appointment to the STMA Ice Arena Board created by Councilmember Hudson departure. The Council said they would revisit the appointments once the City Council vacancy was filled. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt Resolution No. 2023-03 appointing City Council Members to various Boards and Committees for 2023 as amended. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 3. Discussion of Options for City Council Vacancy There was Council discussion regarding different options for filling the vacancy on the Albertville City Council due to Councilmember Hudson being elected to State Representative for District 30A. Their discussion included contacting current Planning Commissioners and Parks Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of January 3, 2023 Committee members for their interest, the appointment of a Commissioner or advertising for the open seat. The Council’s consensus was to have City staff contact current Planning Commissioners and Parks Committee members and ask if they were interested in filling the open seat and if so have the person submit a letter of interest by Wednesday, January 10, 2023. City Attorney Couri explained what the process was to fill the open Council seat and said a Resolution would need to be passed declaring the Council seat vacancy. He answered questions from the Council regarding any appointment conflicts. City Administrator Nafstad answered questions from the Council regarding the vacancy and said he would contact current Planning Commissioners and Parks Committee for their interest and notify the Council of the interested parties. B. Building – None C. City Clerk – None D. Finance – None E. Fire – None F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal 1. Update on Maeyaert Property City Attorney Couri presented an update on the ongoing nuisance and zoning code violations on the Maeyaert property. He said since the last property cleanup, the nuisance items have been brought back to the property by the owner and said he was seeking a court order for continuous permanent removal of the nuisance items with advanced notice to the property owner. He reported the court date was set for February 2, 2023, and said he would update the Council after the hearing. He answered questions from Council regarding the process. I. Administration 1. City Administrator’s Update City Administrator Nafstad said the League of MN Cities recently settled a worker’s comp claim between the City. City Administrator Nafstad provided details on the upcoming I-94 West Chamber State of the Cities luncheon and I-94 Corridor Coalition Legislative preview event. There was Council discussion regarding these events. City Administrator Nafstad said City staff would post that a majority of the Council may attend these events. Administrator Nafstad provided information on 2023 Street Improvement project and the possible options included for a trail network along 62nd Street into Towne Lakes. There was Council discussion regarding the options for a trail network within the City. Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of January 3, 2023 Announcements and/or Upcoming Meetings January 9 STMA Arena Board, 6 pm January 10 Planning Commission, 7 pm January 16 City Hall closed in observance of Martin Luther King Jr. Day January 17 City Council, 7 pm (Tuesday) January 23 Joint Powers Water Board, 6 pm Parks Committee, 7 pm January 30 Joint Governance Meeting, 6 pm February 6 City Council, 7 pm 10. Adjournment MOTION made by Councilmember Zagorski, second by Councilmember Olson to adjourn the meeting at 8:03 pm. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 6 Mayor and Council Request for Action January 17, 2023 SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Tuesday, January 17, 2023, payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • List of Claims (under separate cover) Agenda Page 7 Mayor and Council Request for Action January 17, 2023 SUBJECT: CONSENT – CITY CLERK – ALBERTVILLE FIRE RELIEF ASSOCIATION TEMPORARY CONSUMPTION AND DISPLAY PERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve One-Day Temporary Consumption and Display Permit application for the Albertville Fire Relief Association and an exemption from prohibition of liquor consumption at the Albertville Fire Hall, located at 11350 57th Street NE for Saturday, February 18, 2023. BACKGROUND: Annually, the Albertville Fire Relief Association holds a department-wide party and dinner event. Members and guests are allowed to consume alcoholic beverages at the event. No liquor retail sales will occur at the event, so a one-day temporary consumption and display permit must be obtained in order to consume alcoholic beverages. In addition, City Code Section 8-4-2 prohibits the following: LIQUOR CONSUMPTION: A. Prohibited Areas: The consumption of alcohol is prohibited at the fire hall, the public works facility, the wastewater treatment facility and on any of the property on which those facilities are located unless the City has issued a permit for such consumption pursuant to subsection B of this section. Therefore, the Albertville Fire Relief Association is requesting a one-day exemption from this prohibition. KEY ISSUES: • The department-wide party and dinner will be held on February 18, 2023 starting at 5 pm at the Albertville Fire Hall located at 11350 57th Street NE. • This is an annual event and the St. Michael Fire Department covers all Albertville Fire Department calls for the evening. • This license is granted by the MN Department of Alcohol and Gambling Enforcement, but requires City approval of the permit prior to issuance. • The Fire Relief Association has held previous consumption and display permits for their annual event. • The Albertville Fire Relief Association is requesting a one-day exemption from City Code Section 8-4-2 related to prohibited areas for liquor consumption. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve or deny liquor licenses. FINANCIAL CONSIDERATIONS: There is no fee for the one-day temporary consumption and display permit. Agenda Page 8 Mayor and Council Request for Action – January 17, 2023 Clerk – Fire Relief Consumption & Display Permit Page 2 of 2 Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD On File: • One-Day Temporary Consumption and Display Permit application Agenda Page 9 Mayor and Council Request for Action January 17, 2023 SUBJECT: CONSENT – FIRE – AUTHORIZE A PROMOTION TO PROBATIONARY PAID ON-CALL FIREFIGHTER RECOMMENDATION: It is respectfully requested that the Mayor and City Council authorize the following: MOTION TO: Authorize the promotion of the following individual from Reserve Firefighter to Probationary Paid-On-Call Firefighter with the Albertville Fire Department (AFD): • Jason Kohout BACKGROUND: The AFD currently has openings in the Paid-On-Call membership and is requesting the approval to promote the above-named individual from the position of Reserve Firefighter to Probationary Paid-On-Call Firefighter. The Reserve Firefighter has met the requirements for promotion to Probationary Paid-On-Call Firefighter as outlined in Section 5.4.1 (Reserve Firefighter) of the AFD Standard Operating Policies and Procedures. These requirements include, but are not limited to: a. Completing Firefighter I/II, HazMat Operations b. Completing CPR/Emergency Medical Responder (EMR) c. Completing FEMA ICS / NIMS 100 / 200 / 700 d. Obtain an MBFTE Firefighter License e. Obtain an EMSRB EMR Certification f. Responding to at least 20% of the total calls per quarter. g. Attendance at regularly scheduled meetings and/or training drills and official events The AFD Board of Officers voted for the promotion of the above-named individual at their last meeting. The AFD is asking for Council authorization for the promotion to Probationary Paid-On-Call Firefighter. If approved by Council, the new Probationary Paid-On-Call Firefighter will be promoted on Thursday, January 26th, at the AFD. The new Probationary Paid-On-Call Firefighter will serve a probationary period for a minimum of 12 consecutive months or as deemed necessary by the Fire Chief and/or Board of Officers. Agenda Page 10 Mayor and Council Request for Action – January 17, 2023 Fire – Authorize the Promotion of Probationary Paid-On-Call Firefighter Page 2 of 2 KEY ISSUES: • The AFD has an opening in the Paid-On-Call membership. • One member has successfully completed the minimum requirements for promotion from Reserve Firefighter to Probationary Paid-On-Call Firefighter. • The AFD Board of Officers voted for the promotion. • If approved by Council, the member will be promoted on Thursday, January 26th, at the AFD. FINANCIAL CONSIDERATIONS: The personnel costs associated with the promotion are part of the annual Fire Department Operating budget. LEGAL ISSUES: The City Council has the authority to establish new positions and hire personnel. Responsible Person: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator - PWD Agenda Page 11 Mayor and Council Request for Action January 17, 2023 SUBJECT: CONSENT – CITY CLERK – CITY HALL CONSUMPTION AND DISPLAY PERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Approve the annual permit renewal for Consumption and Display of liquor for the Albertville City Hall building, located at 5959 Main Avenue NE, for the period of April 1, 2023 through March 31, 2024. BACKGROUND: Each year, the City of Albertville and the State of Minnesota Alcohol and Gambling Enforcement Division must approve the renewal of liquor licenses for establishments within Albertville. The City holds a Consumption and Display permit to allow for the consumption of liquor at events taking place within the Albertville City Hall building. These events may include weddings and receptions or events sponsored by local charitable groups. This license does not authorize liquor for resale at the events. If a charitable group wishes to hold a fundraiser by selling liquor, they must apply for their own temporary liquor license through the City. POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and City Council’s policy to review and approve or deny liquor permits and renewals. FINANCIAL CONSIDERATIONS: The fee for this permit is $250 annually and is budgeted. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD On File: • MN AGED State Consumption and Display Permit Renewal Form Agenda Page 12 Mayor and Council Request for Action January 17, 2023 SUBJECT: CITY COUNCIL – DECLARE A VACANCY ON THE ALBERTVILLE CITY COUNCIL RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: adopt Resolution No. 2023-04 declaring a vacancy on the Albertville City Council. BACKGROUND: As a result of being elected as the State Representative for District 30A, Councilmember Hudson’s council seat has become vacant. The vacated seat has less than two years remaining in the unexpired term. Pursuant to MN Stature, section 412.02 subdivision 2a when a vacancy in an elected office of the City occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and an appointed person shall serve until the qualification of a successor. At the January 3, 2023, Council meeting, the City Council discussed different options for filling the Council vacancy. Their discussion included contacting current Planning Commissioners and Parks Committee members for their interest, the appointment of a Commissioner or advertising for the open seat. Upon discussion, the consensus was to have City staff contact current Planning Commissioners and Parks Committee members and ask if they are interested in filling the open seat and if so have the person submit a letter of interest. KEY ISSUES: • Councilmember Hudson has been elected as the State Representative for District 30A which has resulted in a vacancy on the Albertville City Council. • The Council seat vacancy has occurred with less than two years remaining in Councilmember Hudson’s term which would have expired on December 31, 2024. • Per MN Stature, section 412.02 subd. 2a if a vacancy occurs in the City with less than two years remaining on the term, a special election to fill the vacancy is not required and an appointed person may serve until a successor is elected and qualifies at the next general election. The next general election will be held in November 2024. FINANCIAL CONSIDERATIONS: Salaries for Councilmembers are included in the 2023 budget. No additional funding is required to administer the appointment process required to fill the vacancy on the Council. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to declare a vacancy on the Albertville City Council. Agenda Page 13 Mayor and Council Request for Action – January 17, 2023 City Council – Declare Vacancy on the Albertville Council Page 2 of 2 Responsible Person: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • Resolution No. 2023-04 Agenda Page 14 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-04 RESOLUTION DECLARING A VACANCY ON THE ALBERTVILLE CITY COUNCIL WHEREAS, with his election to State Representative for District 30A, Albertville City Councilmember Walter Hudson has vacated his Council seat effective January 3, 2023; and WHEREAS, pursuant to MN Stature, section 412.02, subdivision 2a when a vacancy in an elected office of the City occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and an appointed person shall serve until the qualification of a successor; and WHEREAS, the vacancy in the council seat has occurred with less than two years remaining in Councilmember Hudson’s unexpired term. His said term expires December 31, 2024. NOW, THERFORE, BE IT RESOLVED, by the City Council of the City of Albertville, Minnesota, as follows: 1.The City Council declares a vacancy has occurred as of January 17, 2023, in Councilmember Hudson’s Council seat. 2. The City Council shall appoint someone to serve as a Councilmember until a successor is elected and qualifies at the next general election to be held in November 2024. Adopted by the City Council of the City of Albertville this 17th day of January 2023. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 15