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2023-08-07 City Council Minutes ALBERTVILLE CITY COUNCIL REGULAR MEETING MINUTES August 7, 2023 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Acting Mayor Olson called the meeting to order at 7:02 pm. 2. Pledge of Allegiance – Roll Call Present: Acting Mayor Olson, Councilmembers Cocking, Hayden and Zagorski. Absent: Mayor Hendrickson 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 Cocking, seconded by Councilmember Hayden to approve the August 7, 2023, agenda as submitted. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent: Hendrickson. 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 July 17, 2023, City Council Workshop minutes as presented. B. Authorize the Monday, August 7, 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. Approve a Special Event Permit and Temporary Liquor License for the Albertville Lions for their Annual Cruisin’ & Rockin’n Car Show on September 9, 2023 from 2 to 9 pm. D. Approve the Crow River Sportsmen’s Club Lawful Gambling Exempt Permit Application for their event to be held at St. Albert Parish Center located at 5700 Lander Avenue NE on September 11, 2023. E. Approve Payment Estimate No. 1 to Omann Contract in the amount of $212,760.13 for the 2023 Street Improvement project. F. Reduce Letter of Credit No. 555, held as security for Advanced Volumetric Alliance, LLC, to no less than $105,600, conditioned on any outstanding balances owed to the City being paid in full. City Council Meeting Minutes Page 2 Regular Meeting of August 7, 2023 MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the August 7, 2023, Consent Agenda as submitted. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. 7. Public Hearing A. Public Hearing – Interim Ordinance to Establish Moratorium for Cannabis Business City Attorney Couri presented the staff report which included background information on the legalization of growing, manufacturing and sale of cannabis. He said the City has the authority to place a moratorium on cannabis business through January 2025. Attorney Couri added this action would not affect the sale of THC edibles and answered questions for Council. MOTION made by Councilmember Hayden, seconded by Councilmember Cocking to open the public hearing. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. Acting Mayor Olson opened the public hearing. Mr. Joe Vaa, 8096 Padre Way, Otsego, asked if there would be a timeframe before the sale of cannabis became legal that a facility could open and begin growing the product so it was ready for sale once the moratorium expired. He answered questions from Council the cannabis growing process. City Attorney Couri said the City would receive additional information once the State’s Office of Cannabis Management was established and operating. He answered questions from Council regarding the need for the moratorium and said Council could exempt any part of the ordinance if they decided to. There was Council discussion regarding the proposed moratorium, the Office of Cannabis Management, the enforcement of the ordinance and possible restrictions on growing cannabis for resale. City Administrator Nafstad said the City could still set zoning requirements for cannabis businesses. City Planner Brixius provided additional information on possible zoning requirements and said if cannabis was grown in an enclosed area the business may be treated as any other manufacturing business. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to close the public hearing. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt Ordinance No. 2023-09 approving an Interim Ordinance imposing a Moratorium on the operation of Cannabis Businesses and the accompanying summary Ordinance for publication. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. City Council Meeting Minutes Page 3 Regular Meeting of August 7, 2023 8. Wright County Sheriff’s Office – Updates, reports, etc. City Administrator Nafstad provided information on the 2024 Wright County Law Enforcement agreement and asked City Attorney Couri what services the Wright County Sheriff’s department would be obligated to provide to Albertville if the City does not extend the agreement. He said he would schedule a meeting with Council and the Wright County Sheriff’s Department. City Attorney Couri said state law does not specifically required a sheriff’s department to respond to calls in a City but reported in other counties, the sheriff’s department said they would respond to calls but would not patrol the streets. He said the best answer would come from the Sheriff himself. He answered questions from Council regarding the proposed agreement and the assessment the City received. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Acting Mayor Olson provided an update from the Parks Committee meeting which included a discussion on a new playground layout. He also provided an update from the Joint Water Board meeting which included the authorization for a future looped watermain and water tank and said recent water usage has been close to the maximum capacity. B. Building – None C. City Clerk 1. Consider Amendments to Title 4, Chapter 3 Gambling Ordinance City Clerk Luedke presented the staff report which included background information on the gambling regulations and she reviewed the proposed ordinance amendments. She answered questions from Council. City Administrator Nafstad provided additional information on the proposed amendments and said City staff has recommended limiting the number of locations an organization could conduct gambling within the City to four locations to assist in balancing the available licensed premise permits. He said one of the organizations currently has five licensed locations which would be grandfathered in but if one of the locations were to go away four licensed locations would be their limit. He said an issue the City has had was one of the organizations had not contributed funds to the City to be distributed for lawful purposes as required. He answered questions from the Council. Finance Director Lannes answered questions regarding the contributions the City has received. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to adopt Ordinance No. 2023-10 amending Title 4, Chapter 3 of the Albertville City Code related to Gambling within the City of Albertville and approve summary ordinance for publication. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. D. Finance – None City Council Meeting Minutes Page 4 Regular Meeting of August 7, 2023 E. Fire – None F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal 1. Cannabis Prohibition in Public Places City Attorney Couri presented the staff report which included the public areas that cannabis use would be prohibited. He said it would not prohibit people from consuming cannabis in their home or back yard. He explained how the citation process may work and answered questions from Council regarding enforcement of the ordinance. He inquired if the Council would like to amend the proposed ordinance to no allow outside on-site consumption. He said on the ordinance under the description of “Cannabis Products” the word “plats” should be changed to “plants”. The Wright County Deputy who was present answered questions from Council regarding possible enforcement of cannabis use in public areas. There was Council discussion regarding enforcement of the ordinance and the public areas where cannabis could be used. The Council directed City staff to amend the ordinance to not allow outside on-site consumption and amend the cannabis product description. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to adopt Ordinance No. 2023-11 establishing Title 6, Chapter 7, of the Albertville City Code prohibiting the Public Use of Hemp and Cannabis products as amended and approve summary of Ordinance for publication. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. 2. Joint Powers Agreement with Wright County for Enforcement of Cannabis City Administrator Nafstad reported Wright County sent a Joint Powers agreement for enforcement of cannabis to the cities and townships within the County. He said the County would like to know which organizations were interested in entering into the agreement. City Attorney Couri said he reviewed the agreement and has some comments. He said he had issues with the indemnification section because it stated the both parties would be construed as a cooperative activity. He said the City could be held liable for actions outside its control. He said he recommended the City work with the Wright County Attorney’s office on the indemnification language within the agreement. There was Council discussion regarding Joint Powers agreement and the consensus was to direct City staff to work with the Wright County Attorney’s office on the agreement language. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to table the item to a future Council meeting. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. City Council Meeting Minutes Page 5 Regular Meeting of August 7, 2023 1. Ordinance Regulating Tetrahydrocannabinol (THC) Products City Attorney Couri presented the staff report which included background information on the City’s moratorium on the sale of THC products. He said this ordinance would provide license regulations for businesses requesting to sell THC products within the City. Attorney Couri reviewed the types of eligible businesses and provided details on the sales distance restrictions which were 1,000 feet from a school or 500 feet from a licensed daycare. He answered questions from Council and said at the next meeting he would bring forth a resolution for Council’s review to lift the moratorium on THC products. City Planner Brixius answered questions from Council and said he reviewed the different areas within the City that would be allowed to sale THC products. There was Council discussion regarding the eligible businesses and the distance requirements. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt Ordinance No. 2023-12 amending the Albertville City Code to Regulate Tetrahydrocannabinol Products and approve summary Ordinance for publication. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. I.Administration 1. City Administrator’s Update City Administrator Nafstad reviewed the City Administrator’s Update and said he would schedule a meeting with the Wright County Attorney’s Office and the Sheriff’s Department to discuss the Law Enforcement agreement. City Attorney Couri provided an update on the Maeyaert property and said a date had been scheduled for the cleanup. He said the property appeared better today but he would keep the contractor on standby. Announcements and/or Upcoming Meetings August 8 Planning Commission, 7 pm – Meeting Cancelled August 14 STMA Arena Board, 6 pm August 21 Council Budget Workshop, 6;15 pm August 21 City Council, 7 pm August 28 Joint Powers 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) 10.Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hayden to adjourn the meeting at 8:21 pm. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk