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2023-09-05 City Council Agenda Packet City of Albertville Council Agenda Tuesday, September 5, 2023 City Council Chambers 7 pm 6:15 pm – City Council Workshop – 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 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 August 7, 2023, regular City Council Meeting minutes as presented. 3-7 B. Approve the August 21, 2023, City Council Workshop minutes as presented. 8 C. Approve the August 21, 2023, regular City Council Meeting minutes as presented. 9-12 D. Authorize the Tuesday, September 5, 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. 13 E. Approve an On-Sale Temporary Liquor License application for the Albertville Lions Club for a Music in the Park event on September 14, 2023. 14 F. Authorize the promotion of Jesse Hertwig to the position of Probationary Paid-On-Call Firefighter with the Albertville Fire Department. 15-16 G. Approve the Memorandum of Understanding between Wright County and the City of Albertville for the Purchase of Salt for the 2023-2024 Snow and Ice Removal Season at a cost of $109.69 per ton. 17-18 H. Approve Payment Application No. 4 to Gridor Construction in the amount of $703,580 for Wastewater System Improvements. 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.) City of Albertville City Council Agenda Tuesday, September 5, 2023 Page 2 of 2 B. Building – None C. City Clerk 1. Approve New Tetrahydrocannabinol (THC) License for the Smoke Shop Located at 11135 61st Street NE 19 (Motion to approve a THC License application for The Smoke Shop 763 LLC dba The Smoke Shop located at 11135 61st Street NE, Suite F through December 31, 2023, contingent upon a successful background check.) D. Finance – None E. Fire 1. Fire Department Capital Apparatus Update 20-21 F. Planning and Zoning – None G. Public Works/Engineering 1. 53rd and CSAH 19 Signal H. Legal – None I. Administration 1. Full-Time Building Official Position – Mr. Kevin Benshoof 22 (Motion to hire Mr. Benshoof for the full-time position of Building Official at a starting wage of $55.16 per hour, conditioned on successful completion of a background check.) 2. Purchase of Ford Maverick 2WD Hybrid Vehicle 23-24 (Motion to approve purchase of a 2024 Ford Maverick from Elk River Cornerstone Ford in the amount of $25,144.) 3. I-94 Project Discussion 10. Announcements and/or Upcoming Meetings September 11 STMA Arena Board, 6 pm September 12 Planning Commission, 7 pm September 18 Council Workshop, 6:15 pm September 18 City Council, 7 pm September 25 Joint Power Water Board, 6 pm Parks Committee, 7 pm October 2 City Council, 7 pm 11. Adjournment ALBERTVILLE CITY COUNCIL DRAFT 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. Agenda Page 3 City Council Meeting Draft 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. Agenda Page 4 City Council Meeting Draft 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 Agenda Page 5 City Council Meeting Draft 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. Agenda Page 6 City Council Meeting Draft 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 Agenda Page 7 ALBERTVILLE CITY COUNCIL WORKSHOP DRAFT MINUTES August 21, 2023 – 6:15 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the workshop to order at 6:18 pm. Present: Mayor Hendrickson, Councilmembers Cocking, Olson and Zagorski. Absent: Councilmember Hayden Staff Present: City Administrator Nafstad, Chief Bullen, Finance Director Lannes and City Clerk Luedke. 2. Wright County Law Enforcement Agreement Wright County Attorney Lutes was in attendance and provided an overview of the duties that the Wright County Sheriff’s Department performs which includes the prosecution of criminal and juvenile cases. He provided the crime statics and said his office was the legal advisors for all of Wright County. He answered questions from Council regarding his office’s duties and the 2024 Wright County Law Enforcement agreement. Wright County Commissioner Holland was in attendance and answered questions from Council regarding the Law Enforcement agreement. City Administrator Nafstad recapped the conversation and said Sheriff Deringer would be in attendance at the September 5, 2023, Council Workshop. He said City staff recommended scheduling an additional workshop for September 5 to continue the 2024 preliminary budget discussion. 3. Adjournment MOTION made by Councilmember Olson, second by Councilmember Zagorski to adjourn the meeting at 7 pm. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hayden. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 8 ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES August 21, 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, Olson and Zagorski. Absent: Councilmember Hayden Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Attorney Couri, Finance Director Lannes and City Clerk Luedke. 3. Recognitions – Presentations – Introductions 1. Introduction of the new Albertville Royalty Court The 2023-2024 Albertville Royalty Court introduced themselves and shared the activities that they have enjoyed so far this year. The Council thanked the Albertville Royalty Court for attending the meeting. 4. Public Forum – None 5. Amendments to the Agenda City Administrator Nafstad requested to add item 9C2. under City Clerk entitled ”Add Budget Workshop on September 5 and September 18, 2023 at 6:15 pm”. He also requested to add item 9I2. under Administration entitled “Budget Discussion”. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the August 21, 2023, agenda as amended. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hayden. 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, regular City Council Meeting minutes as presented. B. Approve the August 7, 2023, City Council Workshop minutes as presented. 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. D. Adopt Resolution No. 2023-29 Accepting a donation from the Foxtailers Snowmobile Club for General Park events. Agenda Page 9 City Council Meeting Draft Minutes Page 2 Regular Meeting of August 21, 2023 E. Adopt Resolution No. 2023-30 Accepting a donation from the Albertville Lions Club for future City projects. The Council thanked both the Foxtrailers Snowmobile Club and the Albertville Lions Club for their generous donations to the City of Albertville. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the August 21, 2023, Consent Agenda as amended. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hayden. The motion carried. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. Wright County Sergeant Oltmanns introduced himself and Sheriff Deputy Brown who will be the new overnight deputy for the City. Sergeant Oltmanns reported on the new cannabis law and said the County has had many conversations regarding enforcement of the law. He also reviewed traffic issues in the area and answered questions from Council. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Councilmember Cocking provided an update from the STMA Ice Arena Board meeting which included a discussion on some repairs needed at the Arena. City Administrator Nafstad provided additional information and answered questions from Council. B. Building – None C. City Clerk 1. 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 4, 2023, at 6:15 pm. MOTION made by Councilmember Zagorski, seconded by Councilmember Olson to set the Truth in Taxation Hearing for the 2024 Levy for 6:15 pm on Monday, December 4, 2023, in the Albertville Council Chambers. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hayden. The motion carried. 2. Set additional Budget Workshops for September 5, 2023 City Clerk Luedke said City staff has requested to set an additional Budget workshop for September 5, 2023, at 6:15 pm to continue the budget discussion. City Administrator Nafstad reported the Wright County Sheriff would be in attendance at September 5 workshop to discuss the Wright County Law Enforcement agreement. There was Council discussion regarding the sheriff’s attendance at the workshop on September 5 The Council’s consensus was to set a workshop for both September 5 and September 18 at 6:15 pm to continue the budget discussion and not resume the budget discussion at tonight’s meeting. Agenda Page 10 City Council Meeting Draft Minutes Page 3 Regular Meeting of August 21, 2023 MOTION made by Councilmember Cocking, seconded by Councilmember Olson to set a Workshop for both September 5 and September 18, 2023, at 6:15 pm in the Albertville Council Chambers. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hayden. The motion carried. D. Finance – None E. Fire 1. Fire Department Update Fire Chief Bullen provided an update on the Otsego Fire Department contract. He said the City may need to make a capital purchase before the contract expired so he would schedule a meeting with the Fire Committee to discuss it. Chief Bullen reported he was elected as President of the Minnesota State Fire Chiefs Association which is a two year term. The Council congratulated Chief Bullen on the new position. F. Planning and Zoning – None G. Public Works/Engineering 1. Purchase of 2024 Ford F550 4X2 Cab and Chassis Utilities Superintendent Middendorf presented the staff report which included information on the replacement of the City’s 2003 utilities truck. He said he would purchase a utility box for the truck once a delivery date was received. He answered questions from Council. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski 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. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hayden. The motion carried. 2. 53rd and CSAH 19 Signal City Administrator Nafstad reported when the Kingston Crossing Apartment project was approved, Wright County required the City to enter into an agreement to build a traffic signal at the intersection of 53rd and CSAH 19. He said the City passed the cost on to the developer and the City received the funds which were currently in escrow. He said the City only received one bid to construct the signal and it was higher than expected. He said there was a potential development coming to the east side of the road that would need to connect to the intersection so he recommended not awarding the contract at this time. Administrator Nafstad answered questions from Council and said if the other development went forward a traffic study would be conducted and the signal could be constructed next spring. He reported he would review the project and reach out to Wright County regarding the traffic signal requirement. There was Council discussion regarding a possible temporary traffic signal, the Kingston Crossing project, the possible new development and the design of the traffic signal intersection. 3. CSAH Median Quotes City Administrator Nafstad provided background information on the median project. He said there were issues with the warranty work and the City withheld money from the original contract which would be used for this median project. He said the low bid received for the supplemental planting was from JK Landscape in the amount of $30,250. He said the City also received a Agenda Page 11 City Council Meeting Draft Minutes Page 4 Regular Meeting of August 21, 2023 quote for the addition of mulch throughout the corridor in the amount of $24,800. He said City staff recommended the addition of the mulch because it was less expensive than the cost of Public Works maintaining the area. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the replacement plants and the mulch in the amount of approximately $55,000. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hayden. The motion carried. H. Legal 1. Termination of THC Moratorium City Attorney Couri presented the staff report which included background information on the THC moratorium. He said at the last meeting, the Council approved an ordinance for licensing requirements of THC products. MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to adopt Resolution No. 2023-31 terminating an Interim Ordinance prohibiting the Sale, Testing, Manufacturing, and Distribution of THC Products. Ayes: Hendrickson, Olson and Zagorski. Nays: Cocking. Absent: Hayden. The motion carried. I. Administration 1. City Administrator’s Update City Administrator Nafstad reviewed the City Administrator’s Update. He said Councilmember Hayden expressed interest in the 2023 Transportation Alliance Washington DC Fly-in and asked if any of the other Councilmembers would be interested in attending. City Attorney Couri answered questions from Council regarding the Potter’s property code enforcement issues. He said he has drafted a compliance letter but and was finishing the wetland component. He said he hoped to finish the draft this week. He also provided an update on the Maeyaert property and said the City did a clean this week and the cost would be assessed by to the property owner. Announcements and/or Upcoming Meetings 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) September 11 STMA Arena Board, 6 pm September 12 Planning Commission, 7 pm September 18 City Council, 7 pm 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Zagorski to adjourn the meeting at 8:02 pm. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. Absent: Hayden. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 12 Mayor and Council Request for Action September 5, 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, September 5, 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 13 Mayor and Council Request for Action ______________________________________________________________________________ September 5, 2023 SUBJECT: CONSENT – CITY CLERK – TEMPORARY LIQUOR LICENSE FOR THE ALBERTVILLE LIONS CLUB RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve an On-Sale Temporary Liquor License application for the Albertville Lions Club for a Music in the Park event on September 14, 2023, from 6 pm to 8:30 pm. BACKGROUND: The Albertville Lions have applied for a temporary liquor license for their Music in the Park event scheduled for Thursday, September 14, 2023. The event will be held in the Albertville Central Park including the Depot area. KEY ISSUES: • Music in the Park is held from 6 pm to 8:30 pm. • The Lions submitted an on-sale temporary liquor license application for the event. • Albertville Lions Club has submitted the $100 fee for a temporary liquor license event and has provided the required certificate of liability insurance. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor license. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD On File: • The temporary liquor license application is on file in the City Clerk’s office Agenda Page 14 Mayor and Council Request for Action September 5, 2023 SUBJECT: CONSENT – FIRE – AUTHORIZE THE PROMOTION OF A 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 to the position of Probationary Paid-On-Call Firefighter with the Albertville Fire Department: • Jesse Hertwig BACKGROUND: The Fire Department 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 Albertville Fire Department (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 unanimously 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, September 7th, at the Albertville Fire Department. 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. 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. Agenda Page 15 Mayor and Council Request for Action – September 5, 2023 Consent - Fire – Promotion of Probationary Paid-On-Call Firefighter Page 2 of 2 • The AFD Board of Officers voted unanimously for the promotion. • If approved by Council, the member will be promoted on Thursday, September 7th, at the Albertville Fire Department. FINANCIAL CONSIDERATIONS: The 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 16 Mayor and Council Request for Action September 5, 2023 SUBJECT: CONSENT – PUBLIC WORKS – MEMORANDUM OF UNDERSTANDING FOR SALT PURCHASE FOR 2023-2024 SEASON RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve the Memorandum of Understanding between Wright County and the City of Albertville for the Purchase of Salt for the 2023-2024 Snow and Ice Removal Season at a cost of $109.69 per ton. BACKGROUND: Since 2006, the City of Albertville has purchased salt from Wright County. Public Works loads the salt at the Wright County Maintenance Facility in Otsego on an as-needed basis. Reimbursement for the salt is based on the predetermined price per ton and the quantity hauled. KEY ISSUES: • The County facility is nearby and convenient. • Bulk purchasing allows for reduced material and shipping costs. • The City has limited salt storage capabilities/facilities. POLICY CONSIDERATIONS: It is City policy for Council to review and approve all service and purchasing agreements. FINANCIAL CONSIDERATIONS: The City annually budgets for ice control. The annual cost of snow and ice removal is weather dependant and varies with each season. The unit price for salt for the 2022-2023 season was $95.34 per ton. This year’s price has increased to $109.69. Total annual cost is based on quantity of salt used. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve purchasing agreements for the City. Responsible Person: Tim Guimont, Public Works Supervisor Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • 2023-2024 Wright County Memorandum of Understanding Agenda Page 17 MEMORANDUM OF UNDERSTANDING Between WRIGHT COUNTY and CITY of ALBERTVILLE This Memorandum of Understanding is entered into between Wright County (hereafter called “County”) and the City of Albertville (hereafter called “City”) and sets forth the respective parties’ agreement regarding the City storage and purchase of salt from the County at the County’s storage facility at their maintenance facility in Otsego. It is hereby understood and mutually agreed to between the parties that: 1. The County will make salt available for the 2023-2024 snow/ice control season, from the County’s salt storage facility in Otsego, to the City of Albertville at the following prices: Price/Ton 10% Fee Sales Tax Total Cost Salt $99.72* $9.97 0.00 $ 109.69 * FOB Albertville Salt prices will also be subject to a Fuel Clause in the county’s state salt contract that states that an increase of over 20% in fuel costs will be passed on to the customer. 2. To be more transparent with auditing and accurate with inventory, changes to the inventory control procedures will be made. Beginning the 2023-2024 season, salt pick up will need to be coordinated with and loaded by County employees only. 3. It is understood the City will pick up salt from this facility by contacting Nate Helgeson, Highway Maintenance Superintendent, at 763-682-7374 to coordinate when a loader and operator are available. A County inventory withdrawal ticket will need to be signed by the city at the time of pickup. Salt quantities will be billed from these signed inventory withdrawal tickets. 4. The price per cubic yard of salt will be determined by using the following formula (1.4-ton multiplied per cubic yard of salt). Each truck weight will be determined initially by weighing the truck with and without a load at a certified scale. 5. This Memo of Understanding will be in effect until May 11, 2024. It will be reviewed by both parties after the 2023-2024 snow/ice control season to determine any needed modifications for the next year’s renewal. FOR THE COUNTY OF WRIGHT FOR THE CITY OF ALBERTVILLE ____________________________ ______________________________ Print Name Print Name ____________________________ ______________________________ County Board Chair Signature Signature ____________________________ ______________________________ Title Dated: ______________________ Dated: ________________________ Agenda Page 18 Mayor and Council Request for Action September 5, 2023 SUBJECT: CITY CLERK – APPROVE NEW THC LICENSE FOR THE SMOKE SHOP LOCATED AT 11135 61ST STREET NE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve a Tetrahydrocannabinol (THC) License application for The Smoke Shop 763 LLC dba The Smoke Shop located at 11135 61st Street NE, Suite F through December 31, 2023, contingent upon a successful background check. BACKGROUND: At the August 7 City Council meeting, an ordinance was approved amending the City Code to allow for the regulation of THC products. The City received a new THC license application from The Smoke Shop located at 11135 61st Street NE, Suite F. The applicant, Mr. Felix Langford has completed the appropriate forms for a new THC license. KEY ISSUES: • The background consent form for the applicant will be sent to the Wright County Sheriff’s Departments, as required by City Code, to conduct a background investigation. • The new business meets the eligibility standards set by City Code section 4-10-4 because the applicant will only be selling CBD or THC products. • The license period for all THC licenses runs January 1 through December 31. • The applicant has provided the THC license fee. • There are no outstanding building or fire code violations at the property. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to either approve or deny a THC license application. FINANCIAL CONSIDERATIONS: Per the ordinance, the fee for this license can be pro-rated due to a partial year license. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • The THC license application is on file in the City Clerk’s Office and is available upon request. Agenda Page 19 Fire Department Update September 5th, 2023 FIRE DEPARTMENT CAPITAL APPARATUS UPDATE: The Albertville Fire Department (AFD) began reviewing the Fire Department Capital Improvement Plan (CIP) at the beginning of 2018, in preparation for an already planned, and budgeted, purchase of a Fire Pumper in 2019. As part of the 2018 review, and subsequent 2019 purchase of both a Fire Aerial and Fire Pumper, one of the resulting decisions was to remove the 1995 Tender 11 from the Fire Department CIP. The reasoning behind the decision included creating room in the budget to fund the CIP shortfall for the two trucks, the under-budgeted value of the replacement Tender, and the future timing and uncertainty of the Fire Protection Agreement with the City of Otsego. The City of Otsego recently hired an Emergency Services Director and has directed the formation of a Fire Department, with a proposed operational date of January 1st, 2027. It is AFD’s understanding that this date will not be moved up, but may be moved back as the plans and development of the new Fire Department take shape. A large portion of the AFD coverage area of the City of Otsego is non-hydranted, and the AFD relies on a Tender for immediate water supply, and AFD Standard Operating Guidelines require that Tender 11 respond as the second truck responding in these areas. Tender 11 also responds to calls in the Greenhaven neighborhood of Albertville, all motor vehicle crashes, all grass fires, and mutual aid calls to other Cities that need Tender water supply. The current Tender 11 was purchased in 1995, is now 28-years old, and its initial life span was planned to be 25-years. The truck has been showing expedited signs of wear and tear over the past few years, to the point that it is becoming operationally insufficient to the needs of the AFD. In discussions with City Staff and the Fire Department Board of Officers, the AFD believes that the current Tender 11 is not in a position to be a reliable apparatus thru the end of 2026. Tender 11 is a critical piece of equipment in the AFD’s ability to fulfil our Fire Protection Agreement obligations to the City of Otsego. With current manufacturing back-logs, a new, custom order, Tender would take anywhere from 19 to 24-months for production and delivery from the date of contact signing. The AFD became aware of a Stock Tender that was already inline for production and had an estimated completion date of February 2024. The Fire Department Board of Officers and City Council Fire Advisory Committee had both met and recommend moving forward with the purchase of the Stock Tender. Agenda Page 20 The Fire Department’s initial intention for the September 5, 2023, City Council meeting was to bring forward a Request for Council Action for Purchase of the Stock Tender, at a price of $336,000. The Fire Department received notification on August 30, 2023, that another Fire Department had just entered into a Purchase Contract for the Stock Tender. The key issues for continued work by the Fire Department to explore options for a new Tender, and for City Council consideration are: • The Fire Department is constantly reviewing the CIP to make sure the financial interests of the City and equipment needs of the Fire Department are met. • The Fire Department provides service to the City of Otsego through a Fire Protection Agreement. • The Fire Department Tender 11 is a critical piece of equipment in fulfilling our obligations to the City of Otsego. • The City of Otsego is currently in the planning stages of their own Fire Department, tentatively set to open January 1st, 2027. • The current Tender 11 is 28-years old and is showing expedited signs of operational deficiencies. • The Fire Department believes that the current Tender 11 is not in a position to be a reliable apparatus to the end of 2026. • Current production times for Tender apparatus is 19 to 24-months at an estimated cost of $330,000+. Respectfully Submitted, Albertville Fire Department 5959 Main Ave NE | PO Box 9 | Albertville, MN | 55301 763-497-3384 X 107 (office) | 763-497-3210 (fax) www.ci.albertville.mn.us Agenda Page 21 Mayor and Council Request for Action September 5, 2023 SUBJECT: ADMINISTRATION – FULL-TIME BUILDING OFFICIAL POSITION – MR. KEVIN BENSHOOF RECOMMENDATION: It is respectfully requested that the Mayor and City Council approve the following: MOTION: to hire Mr. Benshoof for the full-time position of Building Official at a starting wage of $55.16 per hour, conditioned on successful completion of a background check. INFORMATION: The position was advertised and 8 applications were received and reviewed. Staff interviewed 5 applicants and recommends Mr. Benshoof for the position. Kevin has a great deal of plan review and inspection experience, is a certified Building Official, and has demonstrated exceptional customer service skills. KEY ISSUES: • Recognizing his experience, it is proposed Kevin will start at Step 2 ($55.16/hour) and vacation accrual will start at 80 hrs/yr. • Kevin will accrue vacation and sick leave per the City’s personnel policy and will be eligible for a step increase upon 6 months of employment. • It is anticipated that Kevin will start on September 18. FINANCIAL CONSIDERATIONS: The pay range for the position is $52.50 to $59.40 per hour. This positioned is being backfilled and is a budgeted position. LEGAL ISSUES: The City Council has the authority to establish new and backfill positions and hire qualified personnel. Submitted Through: Adam Nafstad, City Administrator-PWD Documents on File: • Job Description, Position Posting, Application Materials Agenda Page 22 Mayor and Council Request for Action September 5, 2023 SUBJECT: ADMINISTRATION – PURCHASE OF FORD MAVERICK 2WD HYBRID RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Approve purchase of a 2024 Ford Maverick from Elk River Cornerstone Ford in the amount of $25,144. INFORMATION: The Ford Maverick is a small 4-door pickup with front wheel drive and a 2.5L hybrid engineer. The pickup will be used by the building department primarily for the inspection services. KEY ISSUES: •Three quotes for the vehicle were received with all dealerships quoting generally the same price. The quoted price is less then State Contract pricing. •The vehicle will be used primarily by the Building Official and will be parked at city hall or public works. POLICY CONSIDERATIONS: It is the Mayor and Council’s policy to review and approve capital purchases. FINANCIAL CONSIDERATIONS: General capital funds will be used to purchase the vehicle. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve the purchases for City Departments. Submitted Through: Adam Nafstad, Cit y Administrator-PWD Attachment: •Quote from Elk River Ford Agenda Page 23 Preview Order Order Summary Time of Preview: 08/09/2023 13:10:34 Receipt: NA Dealership Name: Cornerstone Ford F58590Sales Code : INVOICE $22932 $0 $22247 $0 $0 $0 $0 $0 $1395 DESCRIPTION MSRP W8A0 MAVERICK XL FWD $23400 .121.0" WHEELBASE $0 TOTAL BASE VEHICLE $23400 OXFORD WHITE $0 CLOTH $0 EBONY $0 EQUIPMENT GROUP 100A $0 .XL TRIM $0 2.5L HYBRID ENGINE $1500 INVOICE $0 $0 $0 $0 $-685 $7.16 $0 $0 $1595 DESCRIPTION MSRP AUTO CV TRANSMISSION $0 50 STATE EMISSIONS $0 PRICE CONCESSION INDICATOR $0 REMARKS TRAILER $0 SPECIAL FLEET ACCOUNT CREDIT $0 FUEL CHARGE $0 PRICED DORA $0 ADVERTISING ASSESSMENT $0 DESTINATION & DELIVERY $1595 MSRP INVOICE TOTAL BASE AND OPTIONS $26495 $25244.16 DISCOUNTS NA NA TOTAL $26495 $25244.16 ORDERING FIN: KS188 END USER FIN: KS188 INCENTIVES DISCOUNTS: Acc. Code ID :10 Contract/Ref # :08-988R Bid Date :07/14/23State : MN $-100.00 Customer Signature Customer Name:Customer Email: Customer Address: Customer Phone: Date This order has not been submied to the order bank. This is not an invoice. L133 - W8A - SuperCrew FWD - XL: Dealer Rep.Leonel Gonzalez Customer Name Albertville Type Fleet Priority Code L1 Vehicle Line Maverick Model Year 2024 Order Code L133 Price Level 415 Agenda Page 24