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2025-01-21 City Council Minutes ALBERTVILLE CITY COUNCIL REGULAR MEETING MINUTES January 21, 2025 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7:05 pm. 2. Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hayden, Olson and Zagorski. Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Attorney Couri, City Planner Edwards, Finance Director Lannes and City Clerk Luedke. 3. Recognitions – Presentations – Introductions – None 4. Public Forum There was no one present for the public forum. 5. Amendments to the Agenda City Administrator Nafstad requested to add an item under 9I1. Administration entitled “Potter Property Zoning Request” and a Closed Meeting prior to the end of the meeting to discuss the Potter Litigation Settlement Agreement. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to approve the January 21, 2025, agenda as amended. 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 January 6, 2025, regular City Council Meeting minutes as presented. B. Authorize the Tuesday, January 21, 2025, 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 One-Day Temporary Consumption and Display Permit application for the Albertville Fire Relief Association and an exemption from prohibition of liquor consumption at the Albertville Fire Hall, located at 11350 57th Street NE for Saturday, February 15, 2025. D. Approve the annual permit renewal for Consumption and Display of liquor for the Albertville City Hall building, located at 5959 Main Avenue NE, for the period of April 1, 2025, through March 31, 2026. Approve Payment Application No. 20 to Gridor Construction in the amount of $58,430 for the Wastewater System Improvements. City Council Meeting Minutes Page 2 Regular Meeting of January 21, 2025 E. Approve the addition of a Quality Assurance & Quality Improvement (QA/QI) Policy to the Albertville Fire Department’s Standard Operating Policies and Procedures. F. Release Letter of Credit No. 757, held as security for the Particle Control expansion project, conditioned on any outstanding balances owed to the City being paid in full. G. Release Letter of Credit No. 6330559, held as security for the Towne Lakes 7th Addition, conditioned on any outstanding balances owed to the City being paid in full. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to approve the January 21, 2025, consent agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. There were no updates from Wright County Sheriff’s Office. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) There were no Council Committee updates. B. Building – None C. City Clerk – None D. Finance – None E. Fire – None F. Planning and Zoning 1. Amend City and Zoning Code relating to the Registration of Cannabis Businesses City Planner Edwards presented the staff report which included background information on the previously adopted Cannabis Ordinance. He reported this amendment would set the precedent for the cannabis registration process which would be based on existing THC license holders by the date the establishment had applied for their THC license. City Attorney Couri answered questions from Council regarding the proposed language and added the Ordinance may change once the Office of Cannabis Management provides their final guidance. He said he recommended amending the Ordinance’s item A. Number of Retailers on the second paragraph to add residents after 12,500. Attorney Couri also stated for the minutes, that this was not a zoning amendment but an amendment under Title 4 Business Regulations. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt Ordinance No. 2025-01 approving amendments to Title 4, Chapter 12 Cannabis Retail Business City Council Meeting Minutes Page 3 Regular Meeting of January 21, 2025 Registration as amended. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. G. Public Works/Engineering 1. Xcel Energy Work Order for Underground Overhead Power City Administrator Nafstad presented the staff report which included the projected Main Ave reconstruction project costs and details. He reported that a large component of the project included Xcel Energy reconstructing the overhead electric lines underground. He explained the process and the cost difference between burying the electric lines versus keeping them overhead. Administrator Nafstad reported this was just one component of the Main Ave reconstruction project and provided how the project could be funded which included the City bonding for the project. He said at this time, Xcel was requesting a work order to approve the installation of the underground lines on Main Ave and added if the reconstruction project did not proceed, the City would not incur any costs. Finance director Lannes answered questions from Council regarding the budget and possibly bonding options. There was Council discussion regarding the Main Ave reconstruction project and budget funding sources. MOTION made by Councilmember Olson, seconded by Councilmember Hayden to approve the Xcel work order to underground the Main Avenue NE overhead electric distribution system for an estimated cost of $783,420.92. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 2. Municipal State Aid Advance Resolution City Administrator Nafstad presented the staff report which included an explanation of the State Aid Advancement program. He answered questions from Council regarding when the funds could be available but reported there was no guarantee the City would receive the advance. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to adopt the Municipal State Aid Streets Advance Resolution No. 2025-03 to advance up to $2,110,000 of Municipal State Aid funds for Main Avenue funding. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. H. Legal – None I. Administration 1. Potter Property Zoning Request City Administrator Nafstad reported the City received a request from Shafer Contracting, who was working on the I94 project, to use Mike Potter’s property for a concrete batch plant for the 2025 construction season. He reported if the Council would like to allow this request, an amendment to the City Code would be required and then a temporary interim permit would need to be issued. He provided the process and fees that would be associated with the request. Administrator Nafstad sited previous road issues associated with a similar request that was granted in the past and answered questions from Council. City Council Meeting Minutes Page 4 Regular Meeting of January 21, 2025 City Attorney Couri answered questions from Council regarding the request and reported if there were issues similar to the past, it would be hard for the City to enforce the temporary interim permit requirements. There was Council discussion regarding the request to grant the use of the property for a concrete batch plant and the consensus was to not allow it. The Council instructed City Administrator Nafstad to notify the requestee. 2. Closed Meeting – Update on City of Albertville vs Potter Litigation City Attorney Couri stated this meeting was being closed under the Attorney-client privilege Statute 13d.05 of the Open Meeting Law to discuss the litigation of the City of Albertville versus Michael and Heidi Potter. MOTION made by Councilmember Hayden, seconded by Councilmember Cocking to close the meeting for the purposes of litigation to discuss Wright County Court file 86-CV-23-5596. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. City Attorney Couri provided an update to the Council regarding the on-going litigation. MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to re-open the Council meeting. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to approve the settlement agreement presented by the City Attorney. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Announcements and/or Upcoming Meetings January 27 Joint Powers Water Board, 6 pm Parks Committee, 7 pm February 3 City Council, 7 pm February 10 STMA Arena Board, 6 pm February 11 Planning Commission, 7 pm February 17 City Hall closed in observance of President’s Day February 18 City Council, 7 pm (Tuesday 10.Adjournment MOTION made by Councilmember Cocking, second by Councilmember Olson to adjourn the meeting at 8:09 pm. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk