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2023-08-21 City Council Agenda Packet City of Albertville Council Agenda Monday, August 21, 2023 City Council Chambers 7 pm 6:15 pm – Council Workshop for 2024 Preliminary Budget – Council Chambers 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 1. Introduction of the new Albertville Royalty Court 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 July 17, 2023, regular City Council Meeting minutes as presented. 3-7 B. Approve the August 7, 2023, City Council Workshop minutes as presented. 8 C. Authorize the Monday, August 21, 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. 9 D. Adopt Resolution No. 2023-29 Accepting a donation from the Foxtailers Snowmobile Club for General Park events. 10-11 E. Adopt Resolution No. 2023-30 Accepting a donation from the Albertville Lions Club for future City projects. 12-13 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.) B. Building – None City of Albertville City Council Agenda Monday, August 21, 2023 Page 2 of 2 C.City Clerk 1.Set Truth in Taxation Hearing (Set the Truth in Taxation Hearing for the 2024 Levy for 6:15 pm on Monday, December 4, 2023, in the Albertville Council Chambers.) D.Finance – None E.Fire 1.Fire Department Update – Verbal F.Planning and Zoning – None G.Public Works/Engineering 1.Purchase of 2024 Ford F550 4X2 Cab and Chassis 14-15 (Motion to approve purchase of a 2024 Ford F550 cab and chassis from Boyer Ford Trucks, Inc. in the amount of $51,322.86, State Bid Contract # 195277.) 2.53rd and CSAH 19 Signal – Materials will be provided at the meeting 3.CSAH Median Quotes – Materials will be provided at the meeting H.Legal 1.Termination of THC Moratorium 16-17 (Motion to adopt Resolution No. 2023-31 terminating an Interim Ordinance prohibiting the Sale, Testing, Manufacturing, and Distribution of THC Products.) I.Administration 1.City Administrator’s Update 18-19 10.Announcements and/or Upcoming Meetings August 28 Joint Power Water Board, 6 pm Parks Committee, 7 pm September 4 City Hall closed in observance of Labor Day September 5 City Council, 7 pm (Tuesday) September 11 STMA Arena Board, 6 pm September 12 Planning Commission, 7 pm September 18 City Council, 7 pm 11.Adjournment ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES July 17, 2023 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7 pm. 2. Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hayden, Olson and Zagorski. Staff Present: City Administrator Nafstad, City Planner Brixius, Fire Chief Bullen, City Attorney Couri, 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 Hayden, seconded by Councilmember Olson to approve the July 17 , 2023, agenda as submitted. Ayes: Cocking, Hayden, 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 June 20, 2023, regular City Council Meeting minutes as presented. B. Authorize the Monday, July 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. C. Accept Account Receivable Report. D. 2nd Quarter Budget to Actual Report E. Approve a Special Event Permit for Family Youth Community Connections for their 9th Annual Open Streets event on September 9, 2023, from 11 am to 1 pm. F. Approve a revision to the Department Meeting and Training Attendance section of the Fire Department’s Standard Operating Policies and Procedures. G. Approve purchase of a BC 1174 Bobcat Brush Cutter in the amount of $6,900. H. Approve Payment Application No. 3 to Gridor Construction in the amount of $374,157 for Wastewater System Improvements. MOTION made by Councilmember Zagorski, seconded by Councilmember Olson to approve the July 17 , 2023, Consent Agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of July 17, 2023 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. There were no updates from the Wright County Sheriff’s Department. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Councilmember Zagorski provided an update from the STMA Arena Board meeting which included a discussion on ice rental. Councilmember Cocking answered questions from the other Councilmembers. Councilmember Zagorski also provided an updated from the Joint Power Water Board meeting which included a discussion on the increase of water usage and to state fees. Councilmember Olson answered questions from the other Councilmembers. 2. Planning Commission Vacancy Discussion City Clerk Luedke introduced the item and reported the City had received two applications which were forwarded to Personal Committee for review. Mayor Hendrickson said the Personal Committee reviewed both applications and spoke with Planning Commissioner Chair Buhrmann. She said both candidates had good skills and would do a good job but the Committee felt one candidate had a skill set that the current Planning Commission does not have. Councilmember Olson agreed with Mayor Hendrickson. Planning Commissioner Chair Buhrmann was present and answered questions from Council regarding the applicants. He reported he thought both were good candidates. MOTION made by Councilmember Olson, seconded by Councilmember Hayden to appoint Mr. Jason Pinski to the Planning Commission. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Mr. Jason Pinski was presented and thanked the City Council for the appointment. B. Building – None C. City Clerk 1. City Code Amendment - Expiration and Renewal Date for Rental Licenses City Clerk Luedke presented the staff report and answered questions from Council. MOTION made by Councilmember Hayden, seconded by Councilmember Cocking to adopt Ordinance No. 2023-07 amending the Albertville City Code Rental Licensing Requirements relating to the expiration and renewal date for rental licenses within the City. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of July 17, 2023 D. Finance 1. Approve Tort Liability Insurance Renewal Finance Director Lannes provided background information on the insurance renewal and answered questions from Council. The City Council recommended moving this item to the Consent Agenda in the future. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to not waive the City’s monetary limits on tort liability established by Minnesota Statutes, Section 466.04. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. E. Fire – None F. Planning and Zoning 1. Zoning Amendment – Temporary Storage Containers and Dumpster Bags City Planner Brixius presented the staff report which included a summary of the proposed ordinance to regulate temporary storage contains and dumpster bags. He said the City currently does not regulate these items. Planner Brixius reported the City has received complaints and the proposed ordinance amendment would allow the City to enforce the regulations on a per complaint basis. He said the Planning Commission reviewed the ordinance and recommended approval. He answered questions from Council. City Ad ministrator Nafstad provided additional information on the proposed ordinance and answered questions from Council. Public Works Supervisor Guimont offered additional information on the temporary dumpster bags. City Attorney recommended a change to the description of the residential dumpster bags to include the dumpster bags were intended for waste. There was Council discussion regarding the duration of storage for the containers and the differences between storage containers and dumpster bags. The Council directed staff to amend the storage duration on the dumpster bags from 30 days to 14 days on the ordinance and include the City Attorney’s recommended change. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to adopt Ordinance No. 2023-08 amending Section 200.2 Definitions and 1000.15.A Outdoor Storage establishing regulations pertaining to the temporary outdoor storage of storage containers and dumpster bags in residential zoning districts as amended and include City Attorney’s recommendations. Ayes: Cocking, Hendrickson, Hayden, Olson and Zagorski. Nays: None. The motion carried. 2. Driveway and Curb Cut Widths Discussion City Planner Brixius presented the staff report and stated staff was requesting direction from Council regarding the regulation and enforcement of the current 24 feet residential curb cut requirement. He reported the Code was established for uniform curb cuts, adequate width for snow removal and parking for three car garages. Planner Brixius answered questions from Council and said the Planning Commission discussed the item and recommended not amending the current Code. Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of July 17, 2023 City Administrator Nafstad provided information on the City’s Driveway Permit program and the issues the City has had with compliance to the current Code. He said with the driveway program, the City reviews the sidewalks and would replace them if needed. Public Works Supervisor Guimont said the residents who obtain a driveway permit constructed their driveways correctly and added if he sees a driveway being constructed he notifies the contractor and/or resident that a driveway permit was required. There was Council discussion regarding the current standards of the curb cut widths, if larger driveways should be allowed and the process of notifying current homeowners who were non- compliant. The Council’s consensus was to keep the curb cut width at 24 feet and follow the Planning Commission recommendations. Planning Commissioner Chair Buhrmann provided additional information for the Planning Commission discussion. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to not amend the current Code, require Right-of-way (driveway) permits prior to driveway construction, notify contractor operating in Albertville of the Code rules and permit requirements and enforce the Code on current violators. Ayes: Cocking, Hendrickson, Hayden, Olson and Zagorski. Nays: None. The motion carried. G. Public Works/Engineering 1. Compost Site Discussion City Administrator Nafstad introduced the item and said Otsego residents are allowed to use the City’s compost site. He reported the cost of chipping has increased significantly and said last year the cost was $10,000 to chip and haul wood and that cost was split with Otsego. Administrator Nafstad stated this year, the cost was estimated to be $40,000 if not more. Mr. Nafstad reported Albertville does not have a formal agreement with Otsego but due to the size of the cities, one-third Albertville and two-thirds Otsego would be a reasonable cost split. He noted the City will need to develop a long-term plan for the facility and will have to consider if the two cities continue to share the facility. He said consideration of access, allowed users, and security will need to be considered and he answered questions from Council. Public Works Supervisor Guimont answer questions from Council and provided information on Emerald Ash Borer. He said in the past, vendors would request to keep the cut product but now they did not want it. He provided cost estimates for fencing in the compost site and the addition of a card entry system. There was Council discussion regarding different options for regulating the compost site, the future of the site which may include fencing and working with the City of Otsego on a formal agreement. The Council said the compost site was a great service for the Albertville residents. 2. County Road 137 Concept Discussion City Administrator Nafstad provided background information and which included the concept plan Wright County provided for the reconstruction of County Road 137. He said the City would like to include some type of Ped Crossing in the reconstruction and answered questions from Council regarding the proposed concept. Agenda Page 6 City Council Meeting Draft Minutes Page 5 Regular Meeting of July 17, 2023 There was Council discussion regarding the proposed concept plan and the Council’s consensus was the concept plan looked good. City Administrator Nafstad reported he would bring back to a future Council meeting additional information and said he planned to asked the County to work with MnDOT to see if this project could be incorporated into the I-94 State Project. H. Legal – None I. Administration 1. City Administrator’s Update City Administrator Nafstad reviewed the City Administrator’s Update and provided additional information on Wright County’s exploration of a Watershed Taxing District within the City. He said he did not believe the new district would benefit the City of Albertville. City Attorney Couri provided an update on the Maeyaert property and said he would be sending a letter to Mr. Maeyaert notifying him that he is not in compliance with the court order. He said if the property was not cleaned up, the City would clean it up and assess him. Announcements and/or Upcoming Meetings July 24 Joint Powers Water Board, 6 pm Parks Committee, 7 pm August 7 Council Budget Workshop, 6;15 pm August 7 City Council, 7 pm August 8 Planning Commission, 7 pm August 14 STMA Arena Board, 6 pm August 21 Council Budget Workshop, 6;15 pm August 21 City Council, 7 pm 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hayden to adjourn the meeting at 8:33 pm. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 7 ALBERTVILLE CITY COUNCIL WORKSHOP DRAFT MINUTES August 7, 2023 – 6:15 pm Council Chambers Albertville City Hall 1. Call to Order Acting Mayor Olson called the workshop to order at 6:25 pm. Present: Acting Mayor Olson, Councilmembers Hayden and Zagorski. Councilmember Cocking arrived at 6:30 pm Absent: Mayor Hendrickson Staff Present: City Administrator Nafstad, Chief Bullen, Finance Director Lannes and City Clerk Luedke. 2. Continued 2024 Preliminary Budget Presentation and Budget Review Finance Director Lannes reviewed the 2024 revenue changes which included the increase to the City’s Local Government Aid (LGA) and the new Gas Franchise fee. She also reviewed the expense changes which included the increase to police protection, staffing and the building department. She answered questions from the Council regarding the preliminary budget and reported the proposed total levy increase was at 7.09%. City Administrator Nafstad provided additional information and answered questions regarding the preliminary budget and the 2024 Wright County Law Enforcement agreement. He said the law enforcement agreement included an hourly rate increase from $86.75 to $105.00 and the County issued a one-time additional assessment of $63,346.15 to the City. Administrator Nafstad reviewed the terms of the agreement. There was Council discussion regarding the increase to the Law Enforcement agreement and the possibility of establishing the City’s own law enforcement services. They discussed their concerns regarding the one-time assessment and if the Sheriff’s Department would add another one in the future. Fire Chief Bullen answered questions from the Council regarding the Wright County Law Enforcement agreement and other law services in the area. City Administrator Nafstad said he would schedule a meeting with the Albertville Council and the Wright County Sheriff’s Department. 3. Adjournment Acting Mayor Olson closed the budget workshop at 7:02 pm. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 8 Mayor and Council Request for Action August 21, 2023 SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, August 21, 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 9 Mayor and Council Request for Action August 21, 2023 SUBJECT: CONSENT – CLERK – ACCEPT DONATION FROM THE FOXTRAILERS SNOWMOBILE CLUB RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2023-29 accepting a donation in the amount of $500 from the Foxtrailers Snowmobile Club to be used for General Park events. BACKGROUND: The Foxtrailers Snowmobile Club generously donated $500 to be used towards General Park events. KEY ISSUES: • The Foxtrailers Snowmobile Club has generously donated $500 to be used for General Park events. • The City is authorized to accept donations for the benefit of its citizens per MN State Statute 465.03. FINANCIAL CONSIDERATIONS: There is no budget impact on the City of Albertville. LEGAL CONSIDERATIONS: The Mayor and Council are required by Minnesota State Stature to accept all donations by resolution by two-thirds majority. Responsible Person: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • Resolution No. 2023-29 Agenda Page 10 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-29 RESOLUTION ACCEPTING A DONATION FROM THE FOXTRAILER SNOWMOBILE CLUB FOR THE CITY OF ALBERTVILLE WHEREAS, the City of Albertville is authorized to accept donations of real and personal people pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens; and WHEREAS, the City of Albertville has received a donation in the amount of $500 from the Foxtrailers Snowmobile Club to be used for General Park events; and WHEREAS, the City Council would like to thank the Foxtrailers Snowmobile Club and commend them for their support of Albertville Parks. NOW, THERFORE, BE IT RESOLVED, by the City Council of the City of Albertville, Minnesota, that the donation be accepted and acknowledged with gratitude. BE IT FURTHER RESOLVED, that said funds shall be deposited to the appropriate fund and used for the Park events. Adopted by the City Council of the City of Albertville this 21st day of August 2023. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 11 Mayor and Council Request for Action August 21, 2023 SUBJECT: CONSENT – CLERK – ACCEPT DONATION FROM THE ALBERTVILLE LIONS CUB RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2023-30 accepting a donation in the amount of $30,000 from the Albertville Lions Club to be used for future Park projects. BACKGROUND: The Albertville Lions Club generously donated $30,000 to be used towards future Park projects. KEY ISSUES: • The Albertville Lions Club has generously donated $30,000 to be used for future Park projects. • The City is authorized to accept donations for the benefit of its citizens per MN State Statute 465.03. FINANCIAL CONSIDERATIONS: There is no budget impact on the City of Albertville. LEGAL CONSIDERATIONS: The Mayor and Council are required by Minnesota State Stature to accept all donations by resolution by two-thirds majority. Responsible Person: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • Resolution No. 2023-30 Agenda Page 12 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-30 RESOLUTION ACCEPTING A DONATION FROM THE ALBERTVILLE LIONS CLUB FOR THE CITY OF ALBERTVILLE WHEREAS, the City of Albertville is authorized to accept donations of real and personal people pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens; and WHEREAS, the City of Albertville has received a donation in the amount of $30,000 from the Albertville Lions Club to be used for future Park projects; and WHEREAS, the City Council would like to thank the Albertville Lions Club and commend them for their support of Albertville Parks. NOW, THERFORE, BE IT RESOLVED, by the City Council of the City of Albertville, Minnesota, that the donation be accepted and acknowledged with gratitude. BE IT FURTHER RESOLVED, that said funds shall be deposited to the appropriate fund and used for future Park projects. Adopted by the City Council of the City of Albertville this 21st day of August 2023. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 13 Mayor and Council Request for Action August 21, 2023 SUBJECT: UTILITY DEPARTMENT – PURCHASE OF 2024 FORD F550 4X2 CAB AND CHASSIS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Approve purchase of a 2024 Ford F550 cab and chassis from Boyer Ford Trucks, Inc. in the amount of $51,322.86, State Bid Contract #195277. BACKGROUND: This is a programed replacement of the 2003 Chevrolet 3500 Utilities crane truck. There is no guarantee that the truck will be ordered. This would put Albertville on the list of prepared buyers. Using the Minnesota State Bid system also satisfies our need to get multiple quotes. The Utilities department would like to purchase a utility box with a service crane for this truck. With the uncertainty of the purchase, Staff recommends waiting until a delivery date is received. KEY ISSUES: • The proposed purchase will replace the 2003 Chevrolet 3500 crane truck. • The price is based on the Minnesota State Contract Pricing. • Staff would like to purchase a utility box and service crane for the truck once the delivery date is received. POLICY CONSIDERATIONS: It is the Mayor and Council’s policy to review and approve the purchase of the Utilities Department. FINANCIAL CONSIDERATIONS: The purchase of the truck, box and crane will be paid with ARPA funds, which is consistent with the planned use of funds. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve the purchase for the Utilities Department. Responsible Person: John Middendorf, Utilities Superintendent Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Quote from Boyer Ford Trucks, Inc Agenda Page 14 Quote Name:Date:August 9, 2023 Address:Expected Delivery:18-24 Weeks City:Albertville State MN ZIP 55301 Order Cut-Off Date:TBD Phone:Rep BK FIN:KS188 State Contract #: Contract No 195277, Release No. T-636(5) Order Code Quantity Price F5G 1 $49,159.86 NC $0.00 1 1 $91.00 NC $0.00 NC $0.00 NC $0.00 NC $0.00 NC $0.00 X8L 1 $360.00 68M 1 $1,051.00 43C 1 $160.00 67B 1 $104.00 872 1 $377.00 1 $20.00 Total:$51,322.86 Signature:Date: City of Albertville (John Middendorf) 5959 Main Avenue NE 612-490-9332 Item PriceDescription $1,051.00 $160.00 $104.00 $377.00 $20.00 Payload Plus Package Upgrade 120V/400W Outlet 410 Amp Alternator (required with 43C on XL trim) Rear View Camera & Prep Kit MN Transit Tax NC NC NC NC $360.00 Equipment Package 660A 7.3L DEVCT NA PFI V8 ENGINE 10-Speed Auto Torqshift Transmission 225/70R19.5G BSW All Position Tires 4.88 Ratio Limited Slip Axle $49,159.86 NC $91.00 NC 2024 F-550 4X2 Chassis Cab DRW - 169" WB (Base Contract Price) Antimatter Blue Cloth 40/20/40 Seat; Medium Dark Slate XL Trim Agenda Page 15 Mayor and Council Request for Action August 21, 2023 SUBJECT: LEGAL – TERMINATION OF THC MORATORIUM RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2023-31 terminating an Interim Ordinance prohibiting the Sale, Testing, Manufacturing, and Distribution of THC Products. BACKGROUND: On September 6, 2022, the City Council passed a moratorium on the sale, testing, manufacturing and distribution of THC in the City for a period of one year to give the City time put in place a regulatory process governing THC. The City has modified its ordinances at the last City Council meeting, and the summary of those ordinance modifications were published last week, with the ordinance changes becoming effective upon such publication. Having modified its ordinances, the moratorium can now be lifted by the City Council. KEY ISSUES: •The City has enacted an ordinance providing for the licensing of THC businesses which is now effective. •There is no need for the moratorium to remain in place at this time. •The moratorium will expire by operation of law on September 6, 2023, if not first repealed by the City Council. POLICY/PRACTICES CONSIDERATIONS: It has been past City practice to terminate a temporary moratorium once desired ordinance changes relating to the subject of the moratorium have been made. FINANCIAL CONSIDERATIONS: There are no financial considerations related to this issue. LEGAL CONSIDERATIONS: The moratorium will expire by operation of law on September 6, 2023, but terminating the moratorium after completing ordinance amendments is consistent with past City practice. Responsible Person: Mike Couri, City Attorney. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: •Resolution No. 2023- 31 Agenda Page 16 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-31 RESOLUTION TERMINATING AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF THC PRODUCTS WHEREAS, the City Council of the City of Albertville has previously established a moratorium upon the sale, testing, manufacturing, and distribution of Tetrahydrocannabinol (THC) Products within the City of Albertville; and WHEREAS, the City has since revised its official controls relating to the sale, testing, manufacturing, and distribution of THC; and WHEREAS, the City has determined that the substantial revisions made in the official controls are adequate to allow early termination of the moratorium. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Albertville, Wright County, Minnesota: 1. That the moratorium upon the sale, testing, manufacturing, and distribution of THC Products within the City of Albertville established by Ordinance No. 2022-14 is hereby terminated effective upon the date of passage of this Resolution. Adopted by the City Council of the City of Albertville this 21st day of August 2023. ___________________________ Jillian Hendrickson, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Agenda Page 17 City Administrator’s Update August 17, 2023 GENERAL ADMINISTRATION 2024 Preliminary Budget Workshops: The 2024 Budget Workshop #3 is scheduled for August 21 at 6:15 pm before the regularly scheduled City Council meetings. Law Enforcement Contract: The Sheriff is scheduled to attend a workshop on September 5th to discuss the rate increase and the revised contract. Watershed District: I attended a County meeting on Monday of this week to discuss potentially establishing a watershed for a portion of the Upper Mississippi St. Cloud watershed. At this time, I do not believe the County intends on moving forward with the establishment of a watershed taxing district. Building Inspection Services: Staff interviewed five (5) applicants for the position this week and intend on bring a hiring recommendation to the first meeting in September. Code/Zoning Enforcement: The code enforcement regrading illegal land use on Potter’s property located at the southwest corner of 60th Street NE and Mackenzie Avenue has been turned over to the City Attorney. Compost Facility: Otsego has agreed to pay 2/3 of the cost associated with the 2023 chipping and screening operations. The Otsego Administrator and I will be working on a more formal understanding of facility use and cost sharing for future years. This is a topic I will bring back to the Council for more discussion in the near future. ENGINEERING/PUBLIC WORKS 2023 Street Overlay: With the exception of a few restoration items, the project is generally complete. CSAH 19 Median Landscaping: Public Works has been working hard to clean up a CSAH 19 medians north of I94. A number of plantings need to be replaced and will be funded with warranty money retained from the 2020 construction project. I hope to have quotes back for plant replacement and mulch by Monday’s meeting, otherwise the first meeting in September. 53rd and CSAH 19 Signal: Only one bid for the project was received and is currently being reviewed. Award of this project is included as an agenda items and additional materials will be provided at the meeting. Agenda Page 18 City Administrator’s Update Page 2 of 2 August 17, 2023 WWTF Improvements: The placement of the precast walls is underway. Within the next week, the walls should be complete. The Contractor is working to have the building fully enclosed by winter. 50th Street Retaining Walls: We are working on a retaining wall design and will be getting quotes for the work. Lift Station Upgrades: Public Works is working on 4 lift station upgrades. Generally, upgrades are related to control panels and electrical components. Eligible expenses can be paid with ARPA funds otherwise are paid with enterprise capital reserves. I-94 Gap Project: The Gap project received $78 million from the 2024 Corridors of Commerce solicitation. I am not aware of the construction schedule but believe MnDOT is anticipating 2024 construction and currently has a consultant working on the final design. County Road 137: The County is going to continue to work on the concept presented at the last meeting and believes the project can be constructed in 2025. Agenda Page 19