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2025-08-18 City Council MinutesALBERTVILLE CITY COUNCIL REGULAR MEETING MINUTES August 18, 2025 – 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, Fire Chief Bullen, City Attorney Couri, Finance Director Lannes and City Clerk Luedke. 3. Recognitions – Presentations – Introductions County Commissioner Holland reported that the Wright County was approximately 60% through the engineering study for the proposed improvements to the State County Aid Highway 18 between County Road 19 and Main Avenue. She noted that the County has requested a Resolution of support from the St. Michael School Board and intended to seek similar support from the City. Commissioner Holland provided an overview of the planned street improvements and stated that the County was pursuing potential federal funding for the project. She answered questions from Council. 4. Public Forum There was no one present for the public forum. 5. Amendments to the Agenda There was no amendment to the agenda. MOTION made by Councilmember Zagorski, seconded by Councilmember Cocking to approve the August 18, 2025, 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 August 4, 2025, Budget Workshop Meeting minutes as presented. B.Approve the August 4, 2025, regular City Council Meeting minutes as presented. C.Authorize the Monday, August 18, 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. City Council Meeting Minutes Page 2 Regular Meeting of August 18, 2025 D.Approve amendment to the Cottages of Albertville Two Development Agreement to allow for an animal kept solely as an “assistant animal” as the term is defined under the Fair Housing Act. E.Authorize the purchase of a Toro Groundmaster 4100D mower, universal sunshade, and a road light kit including the setup fee for $94,393,62. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve August 18, 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.) Councilmember Zagorski reported that the Planning Commission had a full agenda at its recent meeting. He reviewed the items discussed and provided an overview of the various projects under consideration. Councilmember Zagorski answered questions from the other Councilmembers. B. Legal 1. City Enforcement of Right of Way Ordinance; Basketball Stands City Attorney Couri reported on enforcement of the City’s right-of-way ordinance regarding basketball stands. He stated that normally this would be a request for Council action but in this case it was a discussion item unless the Council wished to change the current City policy. Attorney Couri summarized the memo regarding the enforcement of the right-of-way policy, noting that this policy has been frequently addressed in the City’s newsletter and letters sent each year to homeowners requiring removal of structures within right-of-way. He explained the reasons for the policy, citing safety concerns with kids playing in the streets, as well as issues with items in the right-of-way for garage collection companies, delivery vehicles and the City Maintenance staff. He said as the road authority, the City could be liable in lawsuits from injuries caused by the basketball activity in the street if the City failed to act. He reviewed the incident involving the permanent basketball hoop at 6100 Kalenda Lane, including the history of its installation, letters sent to homeowner requesting the removal and phone conversation that had occurred. He noted that City Code required a Conditional Use Permit (CUP) for any permanent structure, such as the basketball stand, placed in the right-of-way which would also include a fee and adequate liability insurance. He said according to The League of Minnesota Cities Insurance Trust, such insurance may include a $1 million liability policy and an agreement to hold the City harmless to defend and indemnify, however, the League's recommended against allowing basketball stands to be placed in the right-of-way. Attorney Couri concluded by stating that if the current policy remains unchanged, the City will continue working with property owner to remove the basketball hoop, and if the owner refused, the City would proceed with removal as it does with other obstructions. He recommended following the League of Minnesota Cities guidance that the basketball hoop should be removed and keeping the current policy and answered questions from Council. City Council Meeting Minutes Page 3 Regular Meeting of August 18, 2025 Ms. Cassandra Bibeau, 6100 Kalenda Lane NE, Albertville, addressed the Council and shared why her family decided to move to Albertville, mentioning that one thing she liked about the house was the basketball stand installed by the previous owners. She talked about how excited her kids were to join the school’s basketball team and how the neighboring kids often came over to play. Ms. Bibeau explained that the hoop started as a rollaway in 2018 and was later replaced with a permanent one by the former owner, a police officer, and questioned why it was a problem now when it was not before. Responding to the City Attorney comments, she pointed out the entire cul-de-sac was fully repaved June 2020, and the hoop was not an issue at that time. She said she would like the opportunity to apply for approval of the permanent basketball stand, sign a waiver and obtain the necessary insurance. Ms. Bibeau asked the Council to reconsider removal of the basketball hoop because she does not believe it is a safety issue since it was located in a cul-de-sac, and said her husband never agreed to remove the stand in the spring. She also said she did not like being told to move it to her driveway which she described as sloped at about a 35 degree and is around 25 feet wide – making it unsafe for kids who might roll their ankles. She answered questions from the City Attorney regarding her driveway being useable to play basketball. City Administrator Nafstad explained the City’s ordinance enforcement process and answered questions from Council. The Council discussed the City’s enforcement of the right-of-way ordinance; the enforcement letters sent to this homeowner and others with structures in the right-of-way, the enforcement process, safety issues and the potential cost of insurance. Council asked the City Attorney whether a structure placed illegally in the right-of-way for up to 10 years would qualify for a grandfather clause allowing the homeowner to keep it. City Attorney Couri reported that Minnesota law does not recognize grandfathering in something that was never legal to begin with. Therefore, if the ordinance was violated in 2018, seven years later the City still has the authority to enforce the ordinance. The Council further discussed the enforcement of the right-of-way ordinance and confirmed that it does not wish to make any ordinance changes or exceptions for the basketball stand being illegally placed in the right-of-way. The Council thanked Ms. Bibeau for attending the meeting and sharing her concerns 2. Charitable Gambling Ordinance Discussion City Attorney Couri provided background information and reported that, following the last Council meeting discussion on the charitable gambling groups, Council had directed City staff to provide clearer definition regarding local non-profits. In response, he drafted an ordinance for the Council to discuss and summarized the proposed changes, including the definition of an “Albertville-based organization” and outlined a tiered system with qualifications, and explained how the system may work. He answered questions from Council regarding the draft ordinance. City Administrator Nafstad provided additional information on the draft ordinance and reported that the City would like to further research the percentage requirements and discuss them with the current organizations. He explained the intent of the ordinance was to begin by recognizing the Albertville organizations and their contributions to the City. He clarified that the ordinance was presented for discussion purposes only and no formal action was requested at this time. City Council Meeting Minutes Page 4 Regular Meeting of August 18, 2025 Mr. Eric Kloss, Gambling Manager for the American Legion, provided an overview of the American Legion activities and highlighted the many donations made in both Albertville and St. Michael, stressing their ongoing support for both communities. He answered questions from Council regarding his organizations and noted that he had been in contact with Si Senor Mexican restaurant, which was interested in starting charitable gambling. The Council discussed the proposed ordinance and local non-profit organizations, with the consensus that City staff continue working on the draft and bring it back at a later date. In the meantime, Council expressed support for approving the operation of the American Legion at Si Senor Mexican restaurant. City Clerk Luedke reported that the American Legion would need a Resolution of approval to provide to the State gambling Board and answered questions from Council. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to adopt Resolution No. 2025-27 approving a new Lawful Gambling Premise permit for the St. Michael American Legion at Si Senor Mexican Restuarant. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. C. Building – None D. 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 recommended setting the hearing for Monday, December 1, 2025, at 6:15 pm. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to set the Truth in Taxation Hearing for the 2026 Levy for 6:15 pm on Monday, December 1, 2025, in the Albertville Council Chambers. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. E. Finance – None F. Fire 1. Author Purchase of 2026 Chevy Tahoe SSV Fire Chief Bullen presented the staff report and stated that the proposed vehicle would replace the current Chief #1 vehicle and would be purchased using state contract pricing. He noted that the vehicle would be ordered from the dealership in September, with expected delivery in January 2026. Chief Bullen also indicated that the current Chief’s vehicle would be retained by the Albertville Fire Department for use as a secondary medical response vehicle. He responded to questions from Council. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to authorize the purchase of a new 2026 Chevy Tahoe SSV for the Fire Department under State Contract; for a purchase price of $55,268.36. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. City Council Meeting Minutes Page 5 Regular Meeting of August 18, 2025 2. 2026 Fire Protection Agreement Draft Discussion Fire Chief Bullen provided background information on the draft 2026 Fire Protection agreement and reported that he, City Administrator Nafstad and Otsego City Administrator Flaherty had met to discuss budgetary items. He stated he wanted to review the draft Fire contract with the City Council before it was provided to the City of Otsego. Chief Bullen reviewed the changes made to the version in the agenda packet and explained the rationale behind them. He noted some items of concern he had and responded to questions from Council. City Administrator Nafstad provided additional information on the proposed contract and answered questions from Council. The Council discussed the proposed 2026 Fire Protection Agreement and indicated that it looked good. The Council directed City staff to send a memo to the City of Otsego along with the contract, providing explanation of some of the content. G.Public Works/Engineering – None H.Administration 1.City Administrator’s Update City Administrator Nafstad presented the City Administrator’s Update which included information on ongoing improvements projects within the City. Announcements and/or Upcoming Meetings August 25 Joint Power Water Board, 6 pm Parks Committee, 7 pm September 1 City Hall closed in observance of Labor Day September 2 City Council, 7pm (Tuesday) September 8 STMA Arena Board, 6 pm September 9 Planning Commission, 7 pm September 15 City Council, 7 pm 1.Adjournment MOTION made by Councilmember Olson, second by Councilmember Zagorski to adjourn the meeting at 8:40 pm. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk