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2017-01-03 CC Agenda City of Albertville Council Agenda TUESDAY, January 3, 2017 City Council Chambers 7:00 p.m. 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. M:\Public Data\City Council\Council Agendas\2017 Agenda Packets\2017-01-03 CC Agenda.docx Meeting Date: January 3, 2017 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations – Introductions A. Oath of Office: Mayor Hendrickson and Council members Cocking and Vetsch B. STMA Bond Referendum Update – Doug Birk 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. These items will be approved by a separate motion. A. Approve the December 19, 2019 regular City Council meeting minutes as presented (pgs 4-9) B. Authorize the Tuesday, January 3, 2017 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 (pg 10) C. Approve accounts receivable report (pgs 11-12) D. Approve Resolution 2017-001 designating officials, consulting firms, and depositories for 2017 (pgs 13-15) 7. Public Hearings – None 8. Department Business A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Agenda Page 1 City of Albertville Council Agenda TUESDAY, January 3, 2017 Page 2 of 3 M:\Public Data\City Council\Council Agendas\2017 Agenda Packets\2017-01-03 CC Agenda.docx Meeting Date: January 3, 2017 B. Planning/Zoning 1). City Code Amendments - Fees (pgs 16-62) (Motion to Approve Ordinance 2017-01 amending the Albertville City Code to consolidate all City fees and escrows in Title 3, Chapter 1, Section 3-1-3; standardize misdemeanor and petty misdemeanor penalties under Title 1, Chapter 4, Section 1-4-1; establish licensing requirements for consumption and display of liquor licenses; and authorize a summary ordinance for publication.) C. Finance 1). 4th Quarter Budget to Actual Report (Unaudited) (pgs 63-64) – No Action Needed D. Fire – None E. City Clerk – None F. Public Works/Engineering – None G. Building – None H. Legal - None I. Administration 1). 2017 Board and Committee Appointments (pgs 65-69) (Motion to approve Resolution 2017-002 appointing City Council members to various boards and committees for 2017.) 2). 2017 Transportation Alternatives Solicitation – Application Update 3). City Administrator’s Update (pgs 70-73) 9. Announcements and/or Upcoming Meetings January 2 City Offices Closed, New Year’s Day Observed January 3 City Council, 7:00 p.m. January 4 Fire Advisory Committee, 6:00 p.m. January 9 STMA Ice Arena Board, 6:00 p.m. January 10 Planning Commission, 7:00 p.m. January 16 City Offices Closed, Martin Luther King Jr. Day January 17 City Council, 7:00 p.m. January 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. January 30 Joint Governance Meeting, 6:00 p.m., Location TBD February 6 City Council, 7:00 p.m. February 7 STMA Bond Referendum Election, 7:00 a.m. – 8:00 p.m. February 13 STMA Ice Arena Board, 6:00 p.m. February 14 Planning Commission, 7:00 p.m. February 20 City Offices Closed, Presidents’ Day Agenda Page 2 City of Albertville Council Agenda TUESDAY, January 3, 2017 Page 3 of 3 M:\Public Data\City Council\Council Agendas\2017 Agenda Packets\2017-01-03 CC Agenda.docx Meeting Date: January 3, 2017 February 21 City Council, 7:00 p.m. February 27 Joint Powers Water Board, 6:00 p.m. JANUARY FEBRUARY Su M Tu W Th F Sa Su M Tu W Th F Sa 1 H 2 CC 3 FAC4 5 6 7 1 2 3 4 8 Ice 9 PC10 11 12 13 14 5 CC 6 ED 7 8 9 10 11 15 H 16 CC 17 18 19 20 21 12 Ice 13 PC 14 15 16 17 18 22 JP23PK 24 25 26 27 28 19 H 20 CC 21 22 23 24 25 29 JM 30 31 26 JP27 28 10. Adjournment Agenda Page 3 Page 1 ALBERTVILLE CITY COUNCIL Monday, December 19, 2016 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:01 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, Fire Chief Eric Bullen, Finance Director Tina Lannes, and City Clerk Kimberly Olson Others Present: Aaron Cocking, Jane Arnoldy, and Peg Craig 3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS A. Recognize Jane Arnoldy for Years of Service Lannes recognized Arnoldy for her fourteen years of service to the City of Albertville and presented her with a fleece vest. Lannes stated that Arnoldy held a number of jobs during her tenure and added that when she semi-retired several years ago, she always came to participate in the Albertville Friendly City Days competitions. Arnoldy stated they are looking for a residence in her hometown of Mankato. Sorensen thanked Arnoldy for her service and participation in the City. Hendrickson presented Arnoldy with a certificate of appreciation. The Council wished Arnoldy well. B. Recognize Council member Larry Sorensen Hendrickson presented Sorensen with a plaque recognizing his eight years on the City Council. She personally thanked Sorensen for the strengths he brought to the Council and stated he will be missed. Nafstad stated Larry always offered sound reasoning and logic, was supportive of staff, and had impeccable attendance. Sorensen thanked everyone for the surprise get together two weeks ago and said it meant a lot to him. Sorensen felt that the right staff and Council were in place to be successful. Vetsch commended Sorensen for his good ideas and the high level of dedication he brought to the Council. 4. PUBLIC FORUM There was no present for the public forum. Agenda Page 4 DRAFTCity Council Meeting Minutes Page 2 Regular Meeting of December 19, 2016 5. AMENDMENTS TO THE AGENDA Motioned by Vetsch, seconded by Olson, to approve the Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED 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. These items will be approved by a separate motion. A. Approve the December 5, 2016 Truth-in-Taxation meeting minutes as presented B. Approve the December 5, 2016 regular City Council meeting minutes as presented C. Authorize the Monday, December 19, 2016 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. Authorize the payment of all just claims received by December 31, 2016, which would be the year-end closeout of payments of claims E. Approve Resolution No. 2016-036 establishing the 2017 City observed holidays F. Approve Resolution No. 2016-037 Establishing the 2017 City Council regular meeting dates G. Adopt Resolution No. 2016-038 approving the application and permit for an off-site gambling permit for the STMA Youth Hockey Association to conduct a raffle on March 25, 2017 at the STMA Ice Arena, located at 5898 Lachman Avenue NE Motioned by Sorensen, seconded by Hudson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS – None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) There were no committee updates. B. Finance 1). Transfer Cottages of Albertville Contract for Private Development and TIF Note Lannes reported that Dominium is selling the Cottages and the TIF Note and development contract are part of the sale. Vetsch inquired more about the sale. Couri explained that because Dominium is selling the property, the TIF Note is a revenue stream that goes with it. The City’s approval is just a Agenda Page 5 DRAFTCity Council Meeting Minutes Page 3 Regular Meeting of December 19, 2016 formality. The City can consent to the sale but cannot regulate management of the property. Vetsch inquired if staff has any background on the company purchasing the property. Couri stated that in order for the new company to receive TIF funds, they must comply with the development agreement. He stated that the City must approve the transfer unless there are grounds to deny the transfer and he did not what those grounds might be. He stated that Dominion is free to sell the property to whomever they choose and unlike other situations within the City, the City is not obligated to run a background check. Vetsch wanted to be sure the Cottages will stay senior housing. He also inquired if it would allow Section 8 housing. Couri replied that one person in each unit must be 55+ and the TIF agreement may have some upper income limits. Hudson inquired if the City did not transfer the TIF, could the buyers still purchase the property. Couri replied it would not prevent them from purchasing it, but would most likely put the sale on hold since the TIF would be a revenue stream for them. Nafstad stated that the bond attorneys have reviewed and prepared the transfer documents and recommended approval. Lannes stated it is time sensitive as they have already postponed closing once and have the closing scheduled for later this week. Motioned by Hudson, seconded by Olson, to adopt Resolution No. 2016-039 approving assignments of Tax Increment Finance and authorizing execution of consent to the assignment. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. C. Fire 1). Fire Update Bullen reported that they have four conditional job offers out for reserve firefighter. There is still some remaining testing to be done. He hopes for a January 2017 start and will be in time for the Elk River Fire Academy. Bullen stated that interviews have been completed and scores tabulated for officers. The current Board of Officers has discussed changing the composition of the Board to include a deputy chief. The new position would help with duties that the current assistant chief does and also adds an additional officer position to someone who may not otherwise would have had the opportunity to hold an officers position. Bullen reported that they are appointing officers every two years and the Board discussed moving to three year staggered terms. Bullen reported that Otsego authorized funds for an Otsego fire station study in 2017. Bullen stated the department should hear in March if they will receive the AFG micro grant for turn out gear. Bullen reported the old rescue 11 is up for auction. Olson inquired if there is a minimum bid and Bullen replied there is a reserve of $35,000 on it. Nafstad noted that the pay for the Board of Officers will be adjusted to fit the deputy chief position which will occur in 2017, but there will be no change in the budget amount for salaries for 2017. Agenda Page 6 DRAFTCity Council Meeting Minutes Page 4 Regular Meeting of December 19, 2016 D. Planning/Zoning - None E. City Clerk – None F. Public Works/Engineering – None G. Building – None H. Legal – None I. Administration 1). Parking Ordinance Amendment Nafstad reported that the City Code states there is no on-street parking for more than 48 hours and during the winter months there is no parking from 2:00-6:00 a.m. Those in violation are subject to an administrative fine. He stated that staff is generally not at City Hall at the time of violations and also they do not have the means to identify the owner of the car in violation. Staff felt it would be more efficient to turn this over the Sheriff’s Office to issue tickets. The Wright County Attorney’s Office has agreed to handle the prosecution if a ticket remains unpaid. Couri felt that is a very rare situation and the goal would be to not see repeat offenders. Motioned by Sorensen, seconded by Hudson, to Adopt Ordinance No. 2016-12 amending the Albertville City Code, Title 7, Chapter 2 as it relates to on-street parking within the City of Albertville. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). City Administrator’s Update Nafstad reported on I-94 access and the work the city has done over the years. He stated for years the city has worked to improve upon the full access at CSAH 37 and partial access at CSAH 19. Nafstad stated after years of study, the surrounding communities, FHWA, MnDOT, Wright County and other stakeholders ultimately developed a plan at CSAH’s 19 and 37, which included three phases, and provided generally full access at 19 and 37. He reported that MnDOT is now considering elimination of some those phases and possibly the eastbound off ramp at CSAH 37. Nafstad’s concern is that the interchange access needs to be consistent with the work that has already been done and he foresees the need to draft a letter to that effect. Hudson inquired why MnDOT’s position changed. Nafstad replied that MnDOT staff has changed and they likely are not aware of the work that went into developing the plan that all agencies agreed to. Nafstad also replied that phase 3 is expensive, as the bridge over CSAH 19 will need to be built as an eight lane bridge rather than a six lane bridge. Nafstad stated MnDOT has not been planning for this and the bridge is due for replacement in 2021. Nafstad reported that Albertville and St. Michael have been advised by MnDOT and others to consider lobbying at the state level for funding to improve I-94. Both cities have been negotiating with Lockridge, Grindal, and Nauen (LGN) about federal and state lobbying services. He stated there is value in maintaining the federal relations and adding the legislative services He stated the Agenda Page 7 DRAFTCity Council Meeting Minutes Page 5 Regular Meeting of December 19, 2016 goal of both communities is to have six lanes from 241 to 19 with complete interchanges at both ends. Nafstad stated that the LGN has submitted a proposal for two years of lobbying services at the federal and state level for $3,333 per month in 2017 and $3,750 per month in 2018. He anticipates St. Michael will approve the contract at their next meeting. Olson inquired what would happen if one of the cities removed themselves from the agreement in 2018 and Nafstad replied it would need to be addressed in the contract. Sorensen felt that past lobbying efforts have allowed the first phase of the I-94 access to get done. Hendrickson stated that she is willing to take the time to meet with legislators recommended by LGN. Hudson stated that taking the time to travel and meet with various elected officials commands a certain level of respect from those who will ultimately advocate for the cities. Motioned by Hudson, seconded by Olson, to authorize the Mayor to enter into a contract with Lockridge, Grindal, and Nauen for two years of lobbying services. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS December 26 City Offices Closed, Christmas Day Observed December TBD Joint Powers Water Board, 6:00 p.m. January 2 City Offices Closed, New Year’s Day Observed January 3 City Council, 7:00 p.m. January 4 Fire Advisory Committee, 6:00 p.m. January 9 STMA Ice Arena, 6:00 p.m. January 10 Planning Commission, 7:00 p.m. January 16 Martin Luther King Jr. Day, City Offices Closed January 17 City Council, 7:00 p.m. January 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. January 30 Joint Governance Meeting, 6:00 p.m. Location TBD Motioned by Sorensen, seconded by Hudson, to call a five minute recess prior to the consultant and administrator evaluations. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 10. CONSULTANT AND ADMINISTRATOR EVALUATIONS Mayor Hendrickson reconvened the meeting. The Council conducted and provided positive reviews for both the City Attorney and City Administrator. There was discussion on likely topics in 2017, as well as, for on-going items, such as shared fire service. City Planner Brixius was unable to attend and the Council will conduct his review at a future date. Agenda Page 8 DRAFTCity Council Meeting Minutes Page 6 Regular Meeting of December 19, 2016 11. ADJOURNMENT Motioned by Sorensen, seconded by Olson, to adjourn the meeting at 9:30 p.m. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 9 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2017\010317\2017-01-03 Finance Bills Report (RCA).doc Meeting Date: January 3, 2017 December 28, 2016 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Tuesday, January 3, 2017 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 10 Mayor and Council Communication M:\Public Data\City Council\Council Packet Information\2017\010317\AR Monthly Report RCA1216.doc Meeting Date: January 3, 2017 December 22, 2016 SUBJECT: CONSENT – FINANCE – ACCOUNTS RECEIVABLE REPORT ACCOUNTS RECEIVABLE: Total accounts receivable outstanding through December 22, 2016 is $54,133.52. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $52,610.14 97.19% 30-60 days outstanding $ 106.88 0.20% 60-90 days outstanding $ 1,373.75 2.54% Over 90 days outstanding $ 42.75 0.08% PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review quarterly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment(s): Accounts Receivable Report Agenda Page 11 Mayor and Council Communication – January 3, 2017 FINANCE – Accounts Receivable Report Page 2 of 2 M:\Public Data\City Council\Council Packet Information\2017\010317\AR Monthly Report RCA1216.doc Meeting Date: January 3, 2017 Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days & Over Albertville Plaza $269.71 $269.71 BNI Business Net $277.88 $277.88 Culvers $50.92 $50.92 Hughes, Terrance $107.77 $0.89 $106.88 Monticello Fire $498.96 $498.96 NWCRH Girls Varsity Hockey $2,683.75 $2,683.75 On-Site Solution $42.85 $0.35 $42.50 Pettie, Kevin $192.85 $1.60 $191.25 Pleasant Creek HOA $43.46 $0.71 $42.75 Short Elliot Hendrickson $12,214.29 $12,214.29 State Farm Insurance $1,149.51 $9.51 $1,140.00 STMA United Soccer Club $2,817.82 $2,817.82 STMAYHA $33,783.75 $33,783.75 Total $54,133.52 $52,610.14 $106.88 $1,373.75 $42.75 Current 0-30 days $52,610.14 97.19% 30-60 days $106.88 0.20% 60-90 days $1,373.75 2.54% over 90 day $42.75 0.08% Agenda Page 12 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2017\010317\2017-01-03 Official Designations RCA.docx Meeting Date: January 3, 2017 December 29, 2016 SUBJECT: CONSENT - CITY CLERK - 2017 OFFICIAL DESIGNATIONS AND APPOINTMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution 2017-001 designating officials, consulting firms, and depositories for 2017. BACKGROUND: Each year, the City Council must designate City officials, the official newspaper for City legal publications, official depositories, and consultants to the City. These designations will be effective January 1, 2017. KEY ISSUES: • An Acting Mayor must be appointed in case of absence of the Mayor to conduct a City Council meeting. • All consultants have expressed interest to continue their service. • The North Crow River News has submitted a letter expressing their interest to remain the City’s official newspaper. • Staff recommends the depositories stay the same as the previous year and would include: Bank of Elk River Dain Rauscher Financial Security Bank LMC 4M Fund Northland Securities, Inc. Premier Bank UBS Financial Services, Inc. Wachovia Securities/Wells Fargo LEGAL ISSUES: The Mayor and City Council have the authority to review and approve designations. Responsible Person/Department: Kimberly Olson, City Clerk Submitted by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2017-001 Agenda Page 13 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-002 A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER, OFFICIAL DEPOSITORIES, AND CITY CONSULTANTS FOR 2017 WHEREAS, it has been the policy of the Albertville City Council to make annual designations and appointments at the beginning of each year, and; WHEREAS, the City Council of Albertville, Minnesota, establishes the following are appointed and designated for the year 2017: Acting Mayor: John Vetsch Animal Control: Monticello Animal Control Weed Inspector: Public Works Supervisor, Tim Guimont Bond Counsel: Briggs & Morgan Kennedy & Graven Building Official Paul Heins, City of St. Michael City Attorney: Couri & Ruppe, P.L.L.P. City Engineer: Adam Nafstad, P.E. City Planner: Northwest Associated Consultants Consulting Engineer: Bolton & Menk, Inc. Financial Advisor: Northland Securities Springsted, Inc. Official Newspaper: North Crow River News (Sun Media) Official Depositories: Bank of Elk River Dain Rauscher Financial Security Bank LMC 4M Fund Northland Securities, Inc. Premier Bank Agenda Page 14 City of Albertville Resolution No. 2017-001 Page 2 UBS Financial Services, Inc. Wachovia Securities/Wells Fargo Tax Increment Consultants: Briggs & Morgan Kennedy & Graven NOW, THEREFORE, BE IT RESOLVED, that such appointments and designations shall take effect on January 1, 2017 and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Adopted this 3rd day of January , 2017 by the Albertville City Council. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 15 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2017\010317\2017-01-03 Fees and Code Amendment RCA.docx Meeting Date: January 3, 2017 December 29, 2016 SUBJECT: City Code Amendment - Fees RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Ordinance 2017-01 amending the Albertville City Code to consolidate all City fees and escrows in Title 3, Chapter 1, Section 3-1-3; standardize misdemeanor and petty misdemeanor penalties under Title 1, Chapter 4, Section 1-4-1; establish licensing requirements for consumption and display of liquor licenses; sets fees for the 2017 calendar year; and authorize a summary ordinance for publication. BACKGROUND: The City annually reviews all City fees, charges and escrows to ensure that they accurately reflect City service costs. The City fees, charges and escrows are listed throughout the various titles and chapters of the City Code. Any modification to the City fees requires amendments throughout the City Code. In City staff discussions, it was felt that by consolidating all City fees in one section of the City Code, it would improve ease of access for staff or the general population; would improve ease of review and update by City staff and Council; and would reduce the range of amendments through the City Code if fees or charges are changed. KEY ISSUES: City Finances: • The City consolidated all City fees, charges, and escrows and penalties in Title 3, Chapter 1, Section 3-1-3. • This section also calls out that State sales tax may be applicable to certain fees or charges. • We have also included the Zoning Ordinance language that states that if City costs exceed the provided escrow, the additional costs will be billed to the applicant. • All Fire Department expenses will be charged per the Wright County Fire Chief Association Rate Schedule. • Approving the amendments will set the fees for the 2017 calendar year. Administration: • The general penalty for misdemeanor and petty misdemeanor has been standardized. All subsequent references to these penalties are referenced to Section 1-4-1 of the City Code. Business Regulations: • The business license chapter of the City Code is being amended to include a consumption and display liquor license. Agenda Page 16 Mayor and Council Request for Action – January 3, 2017 City Code Fee Amendment Page 2 of 3 M:\Public Data\City Council\Council Packet Information\2017\010317\2017-01-03 Fees and Code Amendment RCA.docx Meeting Date: January 3, 2017 Health and Safety: • We have outlined the cost of work done by the City for mowing, weed elimination, and pruning to man hours and equipment hours. We also included costs of outside contract work. Rights-of-Way: • This chapter has been changed to have the City Engineer determine the permit fee cost based on established hourly rates and the size and complexity of the project within the public right-of-way. Water and Sewer Charges: • All costs have been consolidated into one table reflecting 2017 rates. Stormwater Utility: • All charges have been consolidated into one table reflecting 2017 rates. • Staff has relocated the stormwater pond water appropriation from Title 8, Chapter 5 to Title 9, Chapter 7. This new location will ensure it is found and applied. Building and Development Regulations: • Building permit fees have been updated to reflect current State requirements. • Building permit surcharges have been updated to State standards. • With permits based on valuation, the valuation determination is based on Minnesota Department of Labor and Industry Building Valuation Data. • The ordinance amendment also outlines the residential and commercial site plan review requirements. Subdivision/Zoning: • Subdivision and zoning application fees have been placed in Title 3, Chapter 1, Section 3-1-3 of the City Code. POLICY/PRACTICES CONSIDERATIONS: The considerations for adopting the proposed ordinance is: 1. Ease of Access. Ease of access for City fees, charges and escrows for staff and residents. Rather than searching the various sections of the City Code, the table provides this information in one place. 2. Ease of Review and Amendments. Each year, the table may be extracted by City staff and reviews and updated. In presenting any suggested changes to the City Council, the table will provide a comprehensive presentation format. 3. Amendments. Amendments to fees will reduce future codification costs in that only one section of the City Code will require changes. Agenda Page 17 Mayor and Council Request for Action – January 3, 2017 City Code Fee Amendment Page 3 of 3 M:\Public Data\City Council\Council Packet Information\2017\010317\2017-01-03 Fees and Code Amendment RCA.docx Meeting Date: January 3, 2017 FINANCIAL CONSIDERATIONS: With the approval of the amendment, the City will incur codification expenses to bring all the proposed amendments into the City Code. However, City staff hopes that this will result in fewer code changes in the future. LEGAL CONSIDERATIONS: The City Council, in adopting the ordinance, will modify its City Code within the legal authority granted by the State of Minnesota. Department/Responsible Person: Planning, Alan Brixius Submitted Through: Administration, Adam Nafstad Attachments: Ordinance 2017-01 Agenda Page 18 Dec. 27, 2016 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2017-01 AN ORDINANCE REPEALING TITLE 3, CHAPTER 1, GENERAL FINANCIAL PROVISIONS, SECTION 3-1-3 CERTAIN CITY SERVICE FEES AND RATES SET BY RESOLUTION AND REPLACING THEM WITH NEW SECTION 3-1-3 ENTITLED CITY SERVICE FEES AND RATES, AND AMENDMENTS TO EACH OF THE TITLES OF THE CITY CODE REMOVING THE SPECIFIC ESTABLISHED FEES AND REFERENCE THE NEW SECTION 3-1-3, TABLE OF FEES AND RATES THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Title 3, Chapter 1, Section 3-1-3 (City Fees and Rates) is hereby repealed in its entirety and replaced with the following language: 3-1-3: CITY FEES AND RATES SCHEDULE A. Purpose: The purpose of this section is to formally establish the fees and rates (dollar amounts) to be charged for City services, applications, documents, and facility rentals in one place for ease of access, review, and amendments. B. Enumeration of Fees and Rates: The following table outlines the fees and rates for the various services, applications, or facility rentals within the City of Albertville. Fees are subject to State sales tax where applicable. Section Subject Fee / Escrow / Penalty ADMINISTRATION 1-4-1.A Misdemeanor Penalties Not more than $1,000 1-4-1.A Petty Misdemeanor Penalties Not more than $300 1-5-2.C.1 Fee for Special Meeting $150 1-6-2 Code Offense $200 1-6-6.A Failure to Pay Late Charge 15% for each seven days 1-6-7.A Second Violation 25% over penalty amount 1-6-7.B Third Violation 50% over penalty amount 1-6-7.C Fourth Violation 100% over penalty amount CITY FINANCES 3-1-2 Returned Check Fee $25 3-1-3.B.1 Licenses: Canvasser $50 Mobile Food Unit $75 annually Real Estate (includes Parade) $50 annually Rental Units – Residential: Formatted: Indent: Left: 0", Hanging: 0.5" Agenda Page 19 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 2 Section Subject Fee / Escrow / Penalty Multiple Family/Apartment $150/bldg. + $10 per unit Single Family (townhomes) $100 per year 3-1-3.B Rentals – City Hall: Multipurpose Room – Resident $100 per 4-hour block Multipurpose Room – Civic Group One 4-hour meeting/month free/additional meeting $100 per 4 hours Multipurpose Room – Non-Resident $150 per 4-hour block + tax Full Community Room – Resident $150 per 4-hour block + tax Full Community Room – Non-Resident $250 per 4-hour block + tax Kitchen – Resident $50 per event + tax Kitchen – Non-Resident $75 per event + tax Upstairs – Resident $75 per 4-hour block + tax Upstairs – Non-Resident $125 per 4-hour block + tax West Conference Room – Resident $10 per hour + tax (2 hr min.) West Conference Room – Non-Resident $20 per hour + tax (2 hr min.) Damage Deposit $100 Key Deposit $10 3-1-3.B Rentals – Parks: Central Park Shelter – Resident $100 per day + tax Central Park Shelter – Non-Resident $150 per day + tax Field Rental – Resident $100 per day + tax Field Rental – Non-Resident $150 per day + tax Field Damage Deposit $100 Key Deposit – Shelter Only $10 Softball Leagues $175/team per season + tax Softball Tournaments $100 per field per day + tax Broomball Leagues $75/team per season + tax Broomball Tournaments $100 per rink per day + tax 3-1-3.B Services: Copies 8 ½ X 11 $.30 + sales tax Faxes (send or receive) $.25 per page Fence permits $25 + PC-no charge 1 Maps: Street or zoning – 2’ by 3’ Street or zoning – 11” by 17” $5 + sales tax $2 + sales tax Planning and Zoning: Comprehensive Parks Plan Comprehensive Plan Standard detail plates Zoning/Subdivision/Sign Ordinance $75 + sales tax $100 + sales tax $25 + sales tax $100 1 PC=Plan Check Agenda Page 20 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 3 Section Subject Fee / Escrow / Penalty City Code $300 + sales tax 3-1-3.B Sign Permit Valuation + PC + SC 2 Snow Plowing 100 minimum + man hours + equipment Special assessment search $20 per property per search Standard Detail Plates $25 + sales tax Temporary outdoor seasonal sales permit $50 per event Temporary sign permit $35 for 14 days 3-4-3.B.3 Filing for Deferral Status – Income level $25.00 3-5-1.C Burglar Alarm: False Alarm 1st & 2nd NC / 3rd + =$300 3-5-2.A Fire Protection/Emergency Response/ Chemical/Hazardous Materials Spill: False Alarms 1st and 2nd False Alarms 3rd and up Hourly rate for personnel and Equipment per Wright County Fire Chief Association Rate Schedule No charge $300 3-5-2.A Engines – All Types Ladder/Aerial Water Tender Heavy Rescue/Rescue/Ambulance Command Vehicle/Utility or Grass Truck ATV/UTV with Water Tank Per Wright County Fire Chief Association Rate Schedule 3-5-2.A Fire Inspection-Suppression/Alarm Fire Inspection-Commercial Lock Box – Flush Mount Lock Box – Exterior Mount Valuation or $125 minimum $50/commence 3rd return inspection, 1st & next 2 free $197 (includes tax) $177 (includes tax) 3-5-2.B and 3-5-2.C Fire Watch Preventative Fire Watch Hourly rate for personnel and equipment per Wright County Fire Chief Association Rate Schedule 3-5-2.D Car Fires/Accidents (non-residential) $500 first hour + $200 per hour thereafter BUSINESS REGULATIONS 4-1-6.A Liquor License: On-sale intoxicating liquor Sunday on-sale intoxicating liquor Off-sale intoxicating liquor On-sale 3.2 malt liquor Off-sale 3.2 malt liquor On-sale wine $3,300 per year $200 per year $150 per year $100 per year $100 per year $110 per year 2 PC=Plan Check SC=Surcharge based on PC value $1=Surcharge on flat fee permits Agenda Page 21 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 4 Section Subject Fee / Escrow / Penalty On-sale taproom Temporary intoxicating on-sale (1-4 days) Temporary 3.2 malt on-sale Consumption and Display $210 per year $220 per day $10 per day State License Requirement 4-1-15.A Revocation/Suspension of Liquor License: Liquor Violation – 1st Liquor Violation – 2nd Liquor Violation – 3rd Liquor Violation – 4th $500 $1,000 $1,500 + 2 day suspension of license $2,000 + a suspension of not less than 5 but no more than 60 days or revocation as determined by City Council 4-2-3 Coin Operated Amusement Device $15 annually 4-3-1.D Bingo $25 annually 4-3-2.B.2 Charitable Gambling $100 annually 4-4-3.C Transient Business, Peddling, Soliciting $50 per individual per 90 days 4-5-7 Massage Enterprise License/Investigate $300 initially + $50 annually 4-5-7 Massage Therapist (individual) Practitioner $50 annually HEALTH AND SANITATION 5-3-3.C Mowing/Weed Elimination $100 base fee + $50/hr for man hours and $50/hr for equipment or full cost of contract work 5-3-4 Grass and Weeds Violation Petty Misdemeanor 5-4-5 Open Burning Violation Petty Misdemeanor or Misdemeanor 5-5-2.A.1 Excessive Motor Vehicle Noise Misdemeanor 5-5-3.A.2 Temporary Major Outdoor Music Permit $50 per event 5-5-3.B.2 Minor Live Outdoor Music Event $50 annual permit 5-6-3.A Public Property Vegetation Permit $25 per event 5-6-3.E 5-6-5.A.3 5-6-5.B.3 Public Property Pruning Private Property Pruning Private Property Diseased and Infected $100 base fee minimum + $50/hr for man hours and $50/hr for equipment or full cost of contract work PUBLIC SAFETY 6-2-3.B Dog License – Altered (spayed/neutered) Dog License – Unaltered Dog License Replacement $10 per year per dog + tax $15 per year per dog + tax $5 + sales tax 6-2-14.A Dog Impoundment – 1st Dog Impoundment – 2nd Dog Impoundment – Subsequent $50 + boarding fees $100 + boarding fees $200 + boarding fees 6-2-16.B Commercial Kennels $50 annually Agenda Page 22 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 5 Section Subject Fee / Escrow / Penalty 6-2-17.C Private Kennels $50 annually 6-4-1.D.2 Curfew: Minors – First Offense Parents – First Offense Minors – Second Offense within 6 Months Parents – Second Offense within 6 Months $75 $75 $300 $300 RIGHT-OF-WAY FEES AND CHARGES 8-2-11 Registration Fee: 3 $75/hr / $150 minimum fee 8-2-11 Excavation Permit Fees – Hole: Verification: a. Plan Review b. Inspection: Location before work Compliance during work Completion after work Re-inspection c. Testing result review: Compaction Material d. Mapping: Review data Transfer to Autocad Insert to overlay to tie in $75 per hour $60 per hour $60 per hour $60 per hour $60 per hour $60 per hour $60 per hour $60 per hour $60 per hour $60 per hour 8-2-11 Excavation Permit Fees-Emergency Hole: Administration Inspection after completion $75 per hour $60 per hour 8-2-11 Excavation Permit Fees – Trench: Administration Verification: a. Plan Review b. Inspection: Location before work Compliance during work Completion after work Re-inspection c. Testing result review: Compaction Material d. Mapping: Review data Transfer to Autocad Insert to overlay to tie in $75 per hour $75 per hour $60 per hour $60 per hour $60 per hour $60 per hour $60 per hour $60 per hour $60 per hour $60 per hour $60 per hour 3 Fees shall be based on an hourly rate as estimated by the City Engineer. Agenda Page 23 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 6 Section Subject Fee / Escrow / Penalty 8-2-11 Obstruction Permit Fee: Administration Recording Review $75 per hour $75 per hour $100 minimum base + $75/hr 8-2-11 Inspection: Compliance during work Completion after $60 per hour $60 per hour 8-2-11 Permit Extension Fee: Administration Recording Review $75 per hour $75 per hour $75 per hour 8-2-11 Delay Penalty: Administration $75 per hour WATER AND SEWER ACCESS CHARGES 9-1-2.B.1 Residential single & multiple dwellings SAC $4,600 per dwelling unit 9-1-2.B.2.a Non-Residential SAC $4,600 per SAC unit 9-1-2.C.1 Residential WAC $2,832 per dwelling unit 9-1-2.C.2.a Non-Residential WAC $2,832 per WAC unit 9-1-2-1.D Water Trunk Access $1,925 per gross acre 9-1-2-2.D Sanitary Sewer Trunk Access $2,055 per gross acre 9-1-2-3.D.1 9-1-2-3.D.2 9-1-2-4.D.1 9-1-2-4.D.2 CSAH 37 Special District: Municipal Water Trunk Access Municipal Water Trunk Access- Supplemental Connection Municipal Sewer Trunk Access Municipal Sewer Trunk Access- Supplemental Connection $6,408/acre + interest $14,934.86 $16,920 per acre + interest $11,266.65 9-2-5.B Water Meter – Residential $310 Water Meter – 1” $440 Water Meter – 1.5” T10 $710 Water Meter – 1.5” Turbine $800 Water Meter – 2” Turbine $860 Water Meter – 2” T10 $930 9-2-10.A Water Connection and Inspection $100 9-2-10.B Water Base Rates – 2017 $7.38 Water Usage Rates – 0-3,333 gallons $3.38 Water Usage Rates – 3,334-6,667 gallons $.77 per 1,000 over 3,333 Water Usage Rates – 6,668-11,667 gallons $.82 per 1,000 over 6,667 Water Usage Rates – Over 11,668 gallons $.84 per 1,000 over 11,668 Water Joint Powers Portion (JP District) Per Water Joint Powers Fee Schedule 9-2-10.C Water Shutoff Notice $20 9-2-10.D Water Shutoff and Reconnection Fee $35 per time Agenda Page 24 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 7 Section Subject Fee / Escrow / Penalty 9-3-3.A Plumber’s License $50 per year 9-3-3.B Sewer Connection and Inspection $100 per occurrence 9-3-3.C Sewer Base Rate – 2017 $21.71 Sewer Usage Rate: 0-5,000 gallons Per 1,000 over 5,000 gallons $17.71 $3.90 9-4-6.D Private Sewer System Permit $300 9-4-8.A.2 Private Sewer System Inspection $100 per inspection STORMWATER UTILITY CHARGES 9-5-4.B Connection Charge-Single Family Connection Charge-Multiple Family Connection Charge-All Other Construction $500 per unit $400 per unit $1,500 per gross acre 9-5-5.A Storm Water Rates: SW 1 Residential $8 bi-monthly SW 2 Residential $11.12 bi-monthly SW 3 Residential $20 bi-monthly Non-Residential 0-5% impervious $12.58 per acre Non-Residential 6-35% impervious $23.70 per acre Non-Residential 36-65% impervious $33.32 per acre Non-Residential 66-100% impervious $59.96 per acre Golf Courses $2 per acre 9-6-3.B.5 Non-Compliance Surcharge for Sewer Discharge $100 per month added to sewer bill 9-7-2.D Stormwater Pond Water Appropriation Fee $150 BUILDING AND DEVELOPMENT REGULATIONS 10-1-1 Commercial Certificate of Occupancy (temporary or final) $50 10-1-3.A.1.b 10-1-3.D Escrow for New Residential: Fee for temporary certificate of occupancy Fee per tree escrow Fee for sod escrow Administration fee Engineer review survey fee Engineer review as built survey fee Engineering review – revised survey fee Re-inspection fee Landscape re-inspection fee $50 $250 $2,500 $100 $75 $75 $75 $50 $25 10-2-3.A Building Permit Fees – Valuation: $1.00 to $500.00 $50 $501.00 to $2,000.00 $50 for the first $500, plus $3.70 for each additional $100 or a fraction thereof, to Agenda Page 25 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 8 Section Subject Fee / Escrow / Penalty and including $2,000 $2,001.00 to $25,000.00 $105.50 for the first $2,000, plus $16.55 for each additional $1,000 or a fraction thereof, to and including $25,000 $25,001.00 to $50,000.00 $486.15 for the first $25,000, plus $12.00 for each additional $1,000 or a fraction thereof, to and including $50,000 $50,000.01 to $100,000.00 $786.15 for the first $50,000, plus $8.45 for each additional $1,000 or a fraction thereof, to and including $100,000 $100,001.00 to $500,000.00 $1,208.65 for the first $100,000, plus $6.75 for each additional $1,000 or a fraction thereof, to and including $500,000 $500,001.00 to $$1,000,000.00 $3,908.65 for the first $500,000, plus $5.50 for each additional $1,000 or a fraction thereof, to and including $1,000,000 $1,000,001.00 and up $6.658.65 for the first $1,000,000, plus $4.50 for each additional $1,000 or a fraction thereof 10-2-3.B Plan review fee 65% of building permit fee per MN Statute 326B.106 10-2-3.C Other Building Permit Related Inspections and Fees: Inspections outside of normal business hours $100 per hour Re-inspection fees assessed under provisions of Section 305.8 $65 per hour Inspection for which no fee is specifically indicated (minimum charge ½ hour) $65 per hour Additional plan review required by changes, additions or revisions to plans $65 per hour Agenda Page 26 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 9 Section Subject Fee / Escrow / Penalty For use of outside consultants for plan checking and inspections, or both Actual costs4 Commercial/industrial certification of occupancy $50 Contractor Verification $5 Gas Filter Processing Fee $35 Fireplace (new residence) $50 Fireplace (existing residence) $50 Site Inspection (residential) $150 Fence (new or existing residence) $25 Fire Department lock box-flush mounted Fire Department lock box-exterior mounted $197 (includes tax) $177 (includes tax) 10-2-3.C Plumbing –commercial (noew or existing) Valuation or $50 minimum Plumbing (existing residence) $50 Plumbing (new residence) Valuation or $150 minimum Mechanical (new residence) Valuation or $50 minimum Mechanical (existing residence) $50 Mechanical –commercial (new or existing) Valuation ($125 minimum) + PC + SC Reroofing (existing residence) $125 10-4-10.D1A Rental Unit License $100 annually 10-4-10.D.2 Rental Unit Inspection Fee $50 per occurrence 10-4-13.F Compliance Order Reimburse Cost of Remedy and Administration (time + materials + equipment) 10-5-3 Numbering Buildings Violation Petty Misdemeanor SIGN REGULATIONS 10-7-7.B.1.a Temporary and/or Portable Signs $35 per 14 days 10-7-7.G.7 Sign Code Violation $200 10-7-8 Business Sign Permit Valuation + PC + SC Advertising Device-Billboard Change of Advertising Device Advertising Device Renewal Fee $75 annually VACANT BUILDING REGISTRATION 10-8-5 Vacant Building Registration $100 annually 10-8-6.C Vacant Building Securing by City Cost of time + materials + equipment 10-8-6.D Vacant Building Mowing Lawn by City $100 minimum + man hours + equipment 10-8-8 Penalty to Register a Vacant Building $100 per month 4 Actual costs include administrative and overhead costs. Agenda Page 27 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 10 Section Subject Fee / Escrow / Penalty SUBDIVISION REGULATIONS 11-2-7.A.1 Administrative Subdivision $400 / $1,500 11-2-7.A.2 Sketch plan $200 / $2,500 plus $50 per lot 11-2-7.A.3 Preliminary Plat: Residential Commercial/industrial $450 / $5,000 or $250 per lot, whichever is greater $450 / $5,000 plus $500 per lot 11-2-7.A.4 Final plat $400 / $2,500 11-2-7.A.5 Park Dedication: Residential Commercial Industrial $3,300 per residential unit $8,200 per acre subdivided $2,500 per acre subdivided 11-2-7.A.6 Variance/Appeal $300 / $500 11-2-7.B Administrative Fee 3.5% of all municipal improvement costs APPENDIX A – ZONING ORDINANCE 300.1A Rezoning $400 / $1,000 400.2A Conditional use permit: Site <4 acres $300 / $1,500 Site 4 - 10 acres $300 / $2,500 Site >10 acres $300 / $5,000 500.2A3a Minor variance $100 / $100 500.2B2 Major variance/appeals $300 / $650 500.2B2a Vacations $300 / $1,000 700.2 Certificate of occupancy of zoning $50 800.2 Administrative enforcement $1,000 1000.5B Swimming pool permit Valuation + PC + SC 1000.6A Fence permit $25 1000.7B1a & 1000.7B1b Landscaping, General – Sodding/Seeding Non-Growing Season Escrow $100 administrative fee + escrow of $3,000 (minimum) or 1.5 times the cost of ground cover, whichever is more 1000.7C2b Landscaping, New Residential – Required Ground Cover Escrow Escrow 1.5 times the cost of ground cover 1000.22 Temporary outdoor seasonal sales $50 1500.4 and 1500.6A Administrative permits and minor site and building plan review $250 / $250 1500.2 Site and building plan review (major): Agenda Page 28 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 11 Section Subject Fee / Escrow / Penalty Site <4 acres $300 / $1,500 Site 4-10 acres $300 / $2,500 Site >10 acres $300 / $5,000 1600.3B Special home occupation permit $100 1800.2A Land filling permit: Residential - single lot Commercial/industrial/institutional $25 $200 / $1,000 per acre 1900.3A Land excavation, grading permit: Residential - single lot Commercial/industrial/institutional $25 $200 / $1,000 per acre 2100.2 Essential service permit $300 / $1,000 plus $50 per lot 2700.4A1 PUD rezoning $400 plus $50 per lot/ $5,000 2700.4C2b PUD concept plan $300 / $1,500 plus $50 per lot 2700.4D PUD development stage plan $300 / $1,000 2700.4E PUD final plan $300 / $1,000 C. Zoning Applications: Zoning applications shall consist of both a fee and escrow to be collected with the application. The fee is a non-refundable charge for City administration. The escrow account is intended to cover City expenses related to engineering, planning, and legal expenses incurred in the processing of an application. The escrow is an estimate of costs. All applications include a written agreement between the City and the applicant whereby the applicant agrees to pay all applicable fees, charges, administrative, planning, engineering, and legal costs associated with the review and processing of any zoning application. If these expenses exceed the application escrow, the applicant shall be billed for these costs. If monies are not paid within thirty (30) days after the bill is sent to the applicant/landowner, the City will assess the aforementioned fees, charges, and/or expenses against the land subject to the development application. SECTION 2. Title 1, Chapter 4, Section 1-4-1 (General Penalty) is hereby amended to read as follows: 1-4-1: GENERAL PENALTY: A. Misdemeanor or Petty Misdemeanor Violation; Penalties: Violation of a provision of this code is a misdemeanor or petty misdemeanor and, upon conviction thereof, a person may be punished by a fine of not more than one thousand dollars ($1,000.00), established in Title 3, Chapter 1, Section 3-1-3 of the City Code, or such other amount set by law, or imprisonment for a term not to exceed ninety (90) days, or such other term set by law, or Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Font: Not Bold Agenda Page 29 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 12 both, but in either case, the costs of prosecution may be added. Each act of violation and each day on which a violation occurs or continues is a separate violation. SECTION 3. Title 1, Chapter 6, Section 1-6-2 (Code Offense) is hereby amended to read as follows: CODE OFFENSE: A violation of any section, subdivision, paragraph or provision of the Albertville city code or any Albertville city ordinance and is subject to a civil penalty determined according to a schedule adopted by resolution of the Albertville city council from time to time established in Title 3, Chapter 1, Section 3-1-3 of the City Code and payable directly to the city treasurer. Each day the violation exists constitutes a separate code offense. SECTION 4. Title 3, Chapter 1, Section 3-1-2 (Returned Check Fee) is hereby amended to read as follows: 3-1-2: RETURNED CHECK FEE: A handling and processing fee for each returned check will be assessed, effective immediately. The handling and processing fee will be set by resolution of the city council is established in Title 3, Chapter 1, Section 3-1-3 of the City Code. Appropriate bank fees will be added to the returned check fee to be paid to the city. The city council shall periodically review the fee and update the fee by resolutionordinance when necessary. SECTION 5. Title 3, Chapter 4, Section 3-4-3 (Filing for Deferral Status; Fee) is hereby amended to read as follows: 3-4-3: FILING FOR DEFERRAL STATUS; FEE: An eligible applicant must file an application on or before September 15 of the year preceding the year for which deferral status is requested in order to implement the deferral program for said year. All deferral applications must be made on forms provided by the city and submitted to the city clerk or administrator. The applicant will be charged an administrative filing fee of twenty five dollars ($25.00) or an amount as may be determined by resolution of the city council established in Title 3, Chapter 1, Section 3-1-3 of the City Code for purpose of processing the application. (2005 Code) SECTION 6. Title 3, Chapter 5, Section 3-5-1.C (Emergency Response Fees) is hereby amended to read as follows: C. User Fees Imposed: A public safety alarm system that reports more than two (2) false alarms to the city in a twelve (12) month period will cause the alarm user to be charged a user fee. Fees will be established by resolution.are established in Title 3, Chapter 1, Section 3-1-3 of the City Code. Agenda Page 30 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 13 SECTION 7. Title 3, Chapter 5, Sections 3-5-2.A, 3-5-2.B, and 3-5-2.D (Fire Protection and Emergency Response Fees) is hereby amended to read as follows: 3-5-2: FIRE PROTECTION AND EMERGENCY RESPONSE FEES: A. Fees Established: 1. The city council shall, by resolution code established in Title 3, Chapter 1, Section 3-1-3 of the City Code, establish fees for fire protection service and/or emergency response which are not otherwise specified by contract. Said fees shall be established at a fixed rate for certain specific types of incidents or for actual costs incurred by the fire department in responding to the incident. B. Fire Watch: Fees for personnel to stand by on fire watch due to unusual fire hazards, while waiting for the property owner or tenant to respond to the scene following a fire incident and/or fire alarm, may be billed to the owner of the property or the tenant, or both, on a per hour basis with a one hour minimum. One-fifth (1/5) of the fee shall be retained by the city for administrative costs, and four-fifths (4/5) of the fee shall be paid to fire personnel standing fire watch. If a fire watch is established at a property, the watch shall be maintained until the owner of the property, the tenant, or his/her designated representative arrives at the property and takes over responsibility for monitoring fire safety, or until the fire department personnel on the scene determine that such responsible person either cannot be located or is unwilling to take over responsibility for monitoring fire safety, or until the fire department personnel on the scene determine that a fire watch is no longer necessary. The city council may set the hourly rate for fire watch by resolution and may modify the same by resolution from time to time. D. Car Fires And Accidents: The city shall charge a fire protection and emergency response fee, as set by council resolutionestablished in Title 3, Chapter 1, Section 3-1-3 of the City Code, when there are responses to car fires and accidents. SECTION 8. Title 4, Chapter 1, Section 4-1-6 (Alcoholic Beverage Licenses) is hereby amended to read as follows: K. Consumption and Display Permit: 1. Permit Required. No business establishment or club which does not hold an on- sale intoxicating liquor license may directly or indirectly allow the consumption and display of alcoholic beverages or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a consumption and display permit from the State of Minnesota. Rental of a public facility does Formatted: Indent: Left: 0.5", Hanging: 0.5" Agenda Page 31 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 14 not make a subdivision or the facility a “business establishment” for the purposes of this chapter. 2. The consumption of alcoholic beverage under a consumption and display license shall be limited to the hours of 9:00 AM and 12:00 midnight. 3. The applicant shall receive permit approval by the State and provide evidence of State permit approval to the City prior to operating under the permit. 4. The permit shall only authorize an approved business address. Said permit shall be openly displayed at the approved address. 5. The permit shall annually expire on March 31st of each year and must be renewed with the State of Minnesota. 6. The establishment holding the permit shall be open to the Minnesota Commissioner of Public Safety or his representatives, and local law enforcement officers. Any sale of liquor or violations under Minnesota Statutes 340A shall be grounds for permit suspension or revocation. Formatted: Indent: Left: 0.5", Hanging: 0.5", Don't adjust space between Latin and Asian text Formatted: Superscript Formatted: Indent: Left: 0.5", Hanging: 0.5" Agenda Page 32 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 15 SECTION 9. Title 4, Chapter 1 (Liquor Licenses), Section 4-1-6 is hereby amended to read as follows: 4-1-6: LICENSE FEES: A. Fees Established: The annual fees for liquor licenses shall be as follows: established in Title 3, Chapter 1, Section 3-1-3 of the City Code. 1. On-sale intoxicating liquor license: Three thousand three hundred dollars ($3,300.00). 2. Sunday on-sale intoxicating liquor license: Two hundred dollars ($200.00). 3. Off-sale intoxicating liquor license: One hundred fifty dollars ($150.00). 4. On-sale 3.2 percent malt liquor license: One hundred dollars ($100.00). 5. Off-sale 3.2 percent malt liquor license: One hundred dollars ($100.00). 6. On-sale wine license: One hundred ten dollars ($110.00). 7. One to four (4) day temporary intoxicating on-sale liquor license: Two hundred twenty dollars ($220.00) per day. 8. One day temporary 3.2 percent malt on-sale liquor license: Ten dollars ($10.00) per day. 9. Brewery taproom liquor license: Two hundred ten dollars ($210.00). B. Modifications To Fees: These fees may be changed from time to time by resolution code amendment of the city council. SECTION 10. Title 4, Chapter 1 (Liquor Licenses), Section 4-1-15 is hereby amended to read as follows: 4-1-15: SUSPENSION OR REVOCATION OF LICENSE; CIVIL FINE: A. The council may either suspend for up to sixty (60) days or revoke any liquor license, or impose a civil fine established in Title 3, Chapter 1, Section 3-1-3 of the City Code, for each violation upon finding that the licensee has failed to comply with any provision of this chapter, any city ordinance or any other applicable statute, regulation, or ordinance relating to alcoholic beverages. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota statutes sections 14.57 to 14.70 of the administrative procedure act. SECTION 11. Title 4, Chapter 2 (Coin Operated Amusement Devices), Section 4-2-3 is hereby amended to read as follows: Agenda Page 33 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 16 4-2-3: LICENSE FEE: The annual fee for an amusement device license shall be as set by resolution of the city council.established in Title 3, Chapter 1, Section 3-1-3 of the City Code. SECTION 12. Title 4, Chapter 3 (Gambling, Bingo), Section 4-3-1.D is hereby amended to read as follows: D. License Fee: The annual license fee shall be as established by resolution of the city council. established in Title 3, Chapter 1, Section 3-1-3 of the City Code. SECTION 13. Title 4, Chapter 4, Section 4-3-2.B.2 (Charitable Gambling) is hereby amended to read as follows: 2. Fee: Pursuant to Minnesota statutes section 349.16(8), an investigation fee of one hundred dollars ($100.00) as established in Title 3, Chapter 1, Section 3-1-3 of the City Code shall be charged to every state charitable gambling licensee requesting approval to conduct charitable gambling in the city. Said fee shall be nonrefundable. SECTION 14. Title 4, Chapter 4 (Peddlers, Solicitors, and Transient Merchants), Section 4-4- 3.C is hereby amended to read as follows: C. License Fee: The license fee for engaging in a transient business, peddling, or soliciting, shall be established by resolution of the city council and established in Title 3, Chapter 1, Section 3-1-3 of the City Code, shall be paid at the time of application for a license. SECTION 15. Title 4, Chapter 4 (Peddlers, Solicitors, and Transient Merchants), Section 4-4- 12 is hereby amended to read as follows: 4-4-12: MISDEMEANOR VIOLATION; PENALTY: Every person violates a provision of this chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor, except as otherwise stated in specific provision hereof, or upon conviction thereof, shall be punished as a misdemeanor as provided in Section 1-4-1 of the City Code by a fine of not more than one thousand dollars ($1,000.00). SECTION 16. Title 4, Chapter 5 (Therapeutic Massage Establishments), Section 4-5-7 is hereby amended to read as follows: 4-5-7: LICENSE AND INVESTIGATION FEES: The fees for massage enterprise and therapist licenses are as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. by Agenda Page 34 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 17 resolution of the city council. An investigation fee as established per Title 3, Chapter 1, Section 3-1-3 of the City Code by resolution of the city council will be charged for therapeutic massage enterprise licenses. An application for either license must be accompanied by payment in full of the required license and investigation fees, if applicable. SECTION 17. Title 5, Chapter 1 (Nuisances), Section 5-1-13 is hereby amended to read as follows: 5-1-13: VIOLATION; PENALTIES; REMEDIES: A. Misdemeanor Violation; Penalty: Any person violating any provision of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be punished pursuant to Section 1-4-1 of the City Code, applicable state statute regarding misdemeanor penalties, as amended, plus the costs of prosecution. Each day a nuisance continues to exist is deemed a separate punishable offense under this chapter. B. Civil Remedies: The city may, in its discretion, seek any civil remedies available to it as well, including, but not limited to, injunctive relief or abatement. C. Administrative Fine: The city may enforce this chapter via an administrative fine imposed pursuant to city ordinance authorizing the imposition of such code offense fines as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. D. Cumulative Remedies: Each right or remedy accruing to the city under this chapter or at law is separate and distinct and may, in the city's discretion, be exercised independently or simultaneously with any other right or remedy. SECTION 18. Title 5, Chapter 2 (Recycling Requirements for Multiple Family Dwellings), Section 5-2-8 is hereby amended to read as follows: 5-2-8: MISDEMEANOR VIOLATION; PENALTY: Violation of this chapter is a misdemeanor punishable by a fine as provided in section 1-4-1 of this code. pursuant to Section 1-4-1 of the City Code. SECTION 19. Title 5, Chapter 3 (Grass and Weeds), Section 5-3-3.C is hereby amended to read as follows: C. Costs Assessed: The actual cost of cutting and the removal, plus such sums as determined by the city council to reimburse the city for its costs of inspection established in Title 3, Chapter 1, Section 3-1-3 of the City Code, shall be certified by the city administrator and shall thereupon become a lien upon the lot or land on which such weeds, grass, brush, Agenda Page 35 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 18 and other vegetation were located and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as real estate taxes; provided, however, the owner, lessee or occupant or any person having control of the lot or land may pay to the city, in full, the actual costs incurred for cutting and removal, plus the inspection fee, by September 15 of the same calendar year in which the cutting and removal occurred in order to avoid having such costs levied upon the lot or land. SECTION 20. Title 5, Chapter 3 (Grass and Weeds), Section 5-3-4 is hereby amended to read as follows: 5-3-4: PETTY MISDEMEANOR VIOLATION; PENALTY: Any person violating any provision of this chapter shall be guilty of a petty misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00). pursuant to Section 1-4-1 of the City Code. SECTION 21. Title 5, Chapter 4, Section 5-4-5.A (Open Burning Violations and Penalties) is hereby amended to read as follows: A. Any person, firm or corporation violating section 5-4-2 of this chapter, in addition to the provisions of section 5-4-4 of this chapter, is guilty of a petty misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than three hundred dollars ($300.00), punished pursuant to Section 1-4-1 of the City Code, plus the costs of prosecution. SECTION 22. Title 5, Chapter 5, Section 5-5-2.A.1 (Excessive Motor Vehicle Noise) is hereby amended to read as follows: 1. The practice of causing excessive motor vehicle noise. No person shall cause excessive motor vehicle noise upon any public right of way located in the city. Any person found in violation of this subsection A1 shall be guilty of a misdemeanor punishable by up to a seven hundred dollar ($700.00) fine pursuant to Section 1-4-1 of the City Code, and/or ninety (90) days in jail, or the maximum allowed by law for a misdemeanor offense, whichever is greater. SECTION 23. Title 5, Chapter 5, Section 5-5-3.A.2 (Major Live Outdoor Music Permit) is hereby amended to read as follows: Agenda Page 36 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 19 2. The permit applicant must pay a permit fee as set by the city council by resolution established in Title 3, Chapter 1, Section 3-1-3 of the City Code and provide information and/or a plan(s) that demonstrates that the site event will comply with the performance standards of this code. SECTION 24. Title 5, Chapter 5, Section 5-5-3.B.2 (Minor Live Outdoor Music Permit) is hereby amended to read as follows: 2. The permit applicant must pay an annual permit fee as set by the city council by resolution established in Title 3, Chapter 1, Section 3-1-3 of the City Code and provide information and/or a plan(s) that demonstrates that the site event will comply with the performance standards of this code. SECTION 25. Title 5, Chapter 6, Sections 5-6-3.A and 5-6-3.E (Trees, Shrubs and Plants) is hereby amended to read as follows: 5-6-3: PUBLIC PROPERTY; PERMIT REQUIREMENTS: A. Permit Required: No person shall plant, spray, fertilize, prune, remove, cut above the ground, or otherwise disturb any tree, shrub or plant on any street or public property without first filing an application, paying a permit fee established in Title 3, Chapter 1, Section 3-1-3 of the City Code, and procuring a permit from the city; except, that lawn and weeds may be cut without such a permit. E. Failure To Comply: Whenever any tree shall be planted, removed or worked on in conflict with the provisions of this chapter, the city may take action to eliminate the violation, and the cost as established in Title 3, Chapter 1, Section 3-1-3 of the City Code thereof shall be assessed to the owner as provided by law in the case of special assessments. SECTION 26. Title 5, Chapter 6, Section 5-6-5.A.3 (Trees, Shrubs and Plants, Pruning Requirements) is hereby amended to read as follows: 3. Failure To Comply: When a person to whom an order is directed fails to comply within the specified time, the city may prune the tree, plant or shrub and assess the cost thereof as established in Title 3, Chapter 1, Section 3-1-3 of the City Code to the owner as provided by law in the case of special assessments. SECTION 27. Title 5, Chapter 6, Section 5-6-5.B.3 (Trees, Shrubs and Plants, Diseased and Infected Vegetation) is hereby amended to read as follows: Agenda Page 37 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 20 3. Failure To Comply: If the work is not satisfactorily completed within the time prescribed, the city may enter upon the property and remove and/or treat the infested area and assess the cost thereof as established in Title 3, Chapter 1, Section 3-1-3 of the City Code to the owner as provided by law in the case of special assessments. SECTION 28. Title 5, Chapter 6, Section 5-6-7 (Trees, Shrubs and Plants) is hereby amended to read as follows: 5-6-7: MISDEMEANOR VIOLATION; PENALTY: Any person violating or failing to comply with any of the provisions of this chapter or any permission slips issued hereunder shall be guilty of a misdemeanor, which may and shall be punished to the full extent of the law. pursuant to Section 1-4-1 of the City Code, plus the costs of prosecution. Each day the violation continues shall be considered a separate offense. SECTION 29. Title 6, Chapter 2, Section 6-2-3.B (Animal Control, Dog Licensing) is hereby amended to read as follows: B. Fees And Application Requirements: It shall be required of each person owning, keeping, or harboring a dog to pay a license fee to the city administrator or finance director as imposed by this section. The license fee for any dog shall be computed at the rate duly set by resolution of the council. as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. Each application for such license shall include a statement, signed by the person applying for the license, which certifies that the dog has been inoculated for rabies not more than twenty four (24) months preceding the date of application. Upon receipt of the license fee and the signed application, the city administrator or finance director shall execute the receipt in duplicate, the original of which shall be given to the person who pays the fee. The duplicate shall be retained in the records of the city administrator. This receipt shall describe the dog as to color, breed, age, sex, and weight. Any owner shall produce for inspection the license receipt upon the request of the animal control authority. SECTION 30. Title 6, Chapter 2, Section 6-2-14.A (Redemption of Impounded Animals) is hereby amended to read as follows: 6-2-14: REDEMPTION OF IMPOUNDED ANIMALS: A. Fees: The owner or harborer of dogs, cats and other animals impounded shall be liable for all of the following fees: Agenda Page 38 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 21 1. Animal capture fee of fifty dollars ($50.00) for the first impoundment of an owner's animal, one hundred dollars ($100.00) for the second impoundment of an owner's animal, and two hundred dollars ($200.00) for all additional impoundments of an owner's animal. as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. 2. Impoundment fees incurred by the city for boarding and keeping the animal while impounded. 3. Charges and fees incurred by the city for transporting the animal to the animal impound facility. 4. The animal capture fees, impoundment fees and charges for transporting, boarding and keeping an animal may be modified by resolution ordinance amendment of the city council from time to time. SECTION 31. Title 6, Chapter 2, Sections 6-2-16.B and 6-2-16.C (Commercial Kennels) is hereby amended to read as follows: B. Application For License; Fee: Application for such license shall be made to the animal control authority and shall be accompanied by the fee as established by resolution of the city council. in Title 3, Chapter 1, Section 3-1-3 of the City Code. C. Annual Licenses; Expiration; Fee: Commercial kennel licenses shall be issued on an annual basis, expiring on December 31 following the first effective day of the kennel license. The commercial kennel license fee shall be the amount per year or fraction thereof as set by resolution of the city council.established in Title 3, Chapter 1, Section 3- 1-3 of the City Code. SECTION 32. Title 6, Chapter 2, Sections 6-2-17.B and 6-2-17.C (Private Kennels) is hereby amended to read as follows: B. Application For License; Fee: Application for such license shall be made to the city administrator or city clerk and shall be accompanied by the license fee as established by resolution of the city council. in Title 3, Chapter 1, Section 3-1-3 of the City Code. C. Annual Licenses; Expiration; Fee: Private kennel licenses shall be issued on an annual basis, expiring on December 31 following the first effective day of the kennel license. The private kennel license fee shall be the amount per year or fraction thereof as set by resolution of the city council established in Title 3, Chapter 1, Section 3-1-3 of the City Code. Such license shall specify any restrictions, limitations, conditions or prohibitions Agenda Page 39 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 22 which the animal control authority deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such a license may be modified from time to time or revoked by the animal control authority or the city council for failure to conform to such restrictions, limitations, conditions, or prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such dogs. SECTION 33. Title 6, Chapter 4, Section 6-4-1.D.2 (Minors, Penalties) is hereby amended to read as follows: 2. Any minor who is convicted of a violation of this section and any adult person having the care and custody of such minor is: a. Minors: Guilty of a petty misdemeanor and shall be punished by a fine not to exceed seventy five dollars ($75.00) or community service time as deemed necessary by the presiding judge, as established in Title 3, Chapter 1, Section 3-1- 3 of the City Code, plus all costs of prosecution of this section for a first offense. b. Parents: Guilty of a petty misdemeanor and shall be punished by a fine not to exceed seventy five dollars ($75.00) as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, or community service time as deemed necessary by the presiding judge, plus all costs of prosecution of this section for a first offense. c. Minors: Guilty of a petty misdemeanor and a fine not to exceed three hundred dollars ($300.00) or community service time as deemed necessary by the presiding judge and punished as established in Title 3, Chapter 1, Section 3-1-3 of the City Code,, plus all costs of prosecution of this section for a second offense within six (6) months of a prior conviction under this section. d. Parents: Guilty of a petty misdemeanor and a fine not to exceed three hundred dollars ($300.00) or community service time as deemed necessary by the presiding judge, punished as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, plus all costs of prosecution of this section for a second offense within six (6) months of a prior conviction under this section. SECTION 34. Title 6, Chapter 5, Section 6-5-4 (Loitering) is hereby amended to read as follows: 6-5-4: MISDEMEANOR VIOLATION; PENALTY: Any person who shall knowingly violate this chapter shall, upon conviction thereof, be guilty of a misdemeanor and punished according to law pursuant to Section 1-4-1 of the City Code. Agenda Page 40 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 23 SECTION 35. Title 7, Chapter 1, Section 7-1-2.C (Vehicles with Lugs; Vehicle Weight and Load) is hereby amended to read as follows: C. Misdemeanor Violation; Penalty: Any person, party or firm who violates any provision of this section shall be guilty of a misdemeanor and subject to fine of not more than one hundred dollars ($100.00).upon conviction thereof, shall be punished pursuant to Section 1-4-1 of the City Code. SECTION 36. Title 7, Chapter 2, Section 7-2-8 (Parking Regulations) is hereby amended to read as follows: 7-2-8: PETTY MISDEMEANOR VIOLATION; PENALTY: Any person violating any provision of this chapter shall be guilty of a petty misdemeanor and punishable subject to administrative fine provisions of title 1, chapter 6 of this code.upon conviction thereof, shall be punished pursuant to Section 1-4-1 of the City Code or the traffic fines of Wright County. SECTION 37. Title 7, Chapter 3, Section 7-3-6 (Snowmobiles and Recreational Vehicles) is hereby amended to read as follows: 7-3-6: VIOLATIONS; PENALTIES: Every person convicted of a violation of any provision of this chapter shall be subject to the fines and penalties provided by Section 1-4-1 of this code and punished through the fines and penalties established in Title 3, Chapter 1, Section 3-1-3 of the City Code or the traffic fines of Wright County. SECTION 38. Title 7, Chapter 4, Section 7-4-4 (Rollerblades, Skateboards and Scooters) is hereby amended to read as follows: 7-4-4: PETTY MISDEMEANOR VIOLATION; PROPERTY CONFISCATED: Any person who violates any provision of this chapter shall be guilty of a petty misdemeanor and upon conviction thereof, shall be punished pursuant to Section 1-4-1 of the City Code. In addition, any peace officer who observes any person violating any provisions of this chapter is authorized to seize the offender's rollerskates/blades, skateboard, or scooter and to hold same at the county sheriff's department. In the event of such seizure, the offender, if an adult, may secure Agenda Page 41 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 24 the return of the article seized after twenty four (24) hours have elapsed since the seizure. In the case of a minor, the article seized shall be returned only to the parent or guardian of such minor offender after twenty four (24) hours have elapsed since the seizure. SECTION 39. Title 8, Chapter 2, Section 8-2-11 (Rights-of-Way Management) is hereby repealed in its entirety and replaced with the following amended language: 8-2-11: SCHEDULE OF ESTIMATES OF REGISTRATION AND PERMIT FEES AND CHARGES: Fees and charges for right-of-way permits including registration fees, excavation permit fees, (hole, emergency hole, trench, testing results review and mapping), obstruction permit fees, permit extension fees, and delay penalty fees shall be as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. Fees shall be based on an hourly rate and estimated by the City Engineer based on project size and complexity. SECTION 40. Title 8, Chapter 5 (Stormwater Detention Pond Water for Irrigation Purposes) is hereby repealed in its entirety. D. No pond water appropriation request shall be considered by the city until an application fee, which shall be set by council resolution, has been received by the city. No additional license fee shall apply. SECTION 41. Title 9, Chapter 1, Section 9-1-2.B (Access Charge for Sewer Availability [SAC Charge]) is hereby amended to read as follows: B. Access Charge For Sewer Availability (SAC Charge): The city council shall have the power to set the amount required to be paid by an owner for connection to the city sanitary sewer system ("SAC charge"). The city council shall have the power to set different charges for residential and nonresidential connections, and shall have the power to change the bases on which such charges are calculated. Such charges may be changed by the city council from time to time. The SAC charges and bases for calculation shall be as follows: 1. Residential Connections: Residential single and multiple dwellings, four thousand six hundred dollars ($4,600.00) per dwelling unit. shall be charged one (1) SAC charge per dwelling unit as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. 2. Nonresidential Connections: Formatted: Font: (Default) Times New Roman, Bold Formatted: Font: Not Bold Agenda Page 42 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 25 a. The SAC chargefee for nonresidential connections shall be four thousand six hundred dollars ($4,600.00) per SAC unit. A charged for every SAC unit. SAC unit is equal to average daily water usage of two hundred seventy four (274) gallonsNon-residential SAC units shall be calculated using the Metropolitan Council’s Sewer Availability Charge Procedure Manual, latest edition. SAC charges are established in Title 3, Chapter 1, Section 3-1-3 of the City Code. SECTION 42. Title 9, Chapter 1, Section 9-1-2.C (Access Charge for Water Availability [WAC Charge]) is hereby amended to read as follows: C. Access Charge For Water Availability (WAC Charge): The city council shall have the power to set the amount required to be paid by an owner for connection to the public municipal water supply ("WAC charge"), shall have the power to set different charges for residential and commercial connections, and shall have the power to change the bases on which such charges are calculated. Such charges may be changed by the city council from time to time. The WAC charges and bases for calculation shall be as follows: 1. Residential Connections: Residential single and multiple dwellings, two thousand eight hundred thirty two dollars ($2,832.00) per dwelling unit, of which one thousand eight hundred eighty two dollars ($1,882.00) shall be forwarded to the joint powers water board, and nine hundred fifty dollars ($950.00) shall be credited to the city's WAC fund. shall pay a WAC charge as established in Title 3, Chapter 1, Section 3-1-3 of the City Code for every dwelling unit of which a portion shall be forwarded to the Joint Powers Board and the balance shall be placed in the City’s WAC fund. 2. Nonresidential Connections: a. The WAC fee for nonresidential connections shall be two thousand eight hundred thirty two dollars ($2,832.00) per equivalent WAC unit, of which one thousand eight hundred eighty two dollars ($1,882.00) shall be forwarded to the joint powers water board, and nine hundred fifty dollars ($950.00) shall be credited to the city's WAC fund. charged for each WAC unit. A WAC unit is equal to average daily water usage of two hundred seventy four (274) gallons.Non-residential WAC units shall be calculated using the Metropolitan Council’s Sewer Availability Charge Procedure Manual, latest edition. The WAC charge is established in Title 3, Chapter 1, Section 3-1-3 of the City Code. A portion of the WAC charge shall be forwarded to the Joint Powers Board and the balance shall be placed in the City’s WAC fund. Agenda Page 43 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 26 SECTION 43. Title 9, Chapter 1, Section 9-1-2-1.D (Water Trunk Access Charge) is hereby amended to read as follows: D. Amount Of Charge: The municipal water trunk access charge shall be one thousand nine hundred twenty five dollars ($1,925.00) , as established in Title 3, Chapter 1, Section 3-1- 3 of the City Code, shall be collected per gross acre of land which is subdivided or connected to the water system. SECTION 44. Title 9, Chapter 1, Section 9-1-2-2.D (Sanitary Sewer Trunk Access Charge) is hereby amended to read as follows: D. Amount Of Charge: The sanitary sewer trunk access charge shall be two thousand fifty five dollars ($2,055.00) , as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, shall be collected per gross acre of land which is subdivided or connected to the sewer system. SECTION 45. Title 9, Chapter 1, Section 9-1-2-3.D (Water Trunk District for Select Properties Abutting CSAH 37) is hereby amended to read as follows: D. Amount Of Charge: The municipal water trunk access charge shall be as follows: 1. Six thousand four hundred eight dollars ($6,408.00) A water trunk access charge, as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, shall be charged per acre for all property (but excluding delineated wetlands) located within the municipal water trunk district which is platted or connected to the water system, plus interest at a rate of 6.2 percent per annum from October 19, 2009 through December 31, 2013, plus interest at a rate of 5.8 percent per annum from January 1, 2014, to the date of payment of such charge; and 2. Fourteen thousand nine hundred thirty four dollars eighty six cents ($14,934.86) A water trunk access charge, as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, shall be charged for any property, regardless of acreage, that connects to the municipal water system in the area that is shown as the "supplemental connection charge required" area on exhibit B attached to the ordinance codified herein. SECTION 46. Title 9, Chapter 1, Section 9-1-2-4.D (Sewer Trunk District for Select Properties Abutting CSAH 37) is hereby amended to read as follows: Formatted: Font: (Default) Times New Roman Agenda Page 44 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 27 D. Amount Of Charge: The municipal sewer trunk access charge shall be as follows: 1. Sixteen thousand nine hundred twenty dollars ($16,920.00) A sewer trunk access charge, as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, shall be charged per acre for all property (but excluding delineated wetlands) located within the municipal sanitary sewer trunk district which is platted or connected to the city's sanitary sewer system, plus interest at a rate of 6.2 percent per annum from October 19, 2009 through December 31, 2013, plus interest at a rate of 5.8 percent per anum from January 1, 2014, to the date of payment of such charge; and 2. Eleven thousand two hundred sixty six dollars sixty five cents ($11,266.65) A sewer trunk access charge, as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, shall be charged for any property, regardless of acreage, that connects to the municipal sanitary sewer system in the area that is shown as the "supplemental connection charge required" area on exhibit B attached to the ordinance codified herein. SECTION 47. Title 9, Chapter 2, Section 9-2-5.B (Water Use and Service) is hereby amended to read as follows: B. Cost To Customers; Repurchase By City: Meters shall be supplied to customers at a price determined by the city. established in Title 3, Chapter 1, Section 3-1-3 of the City Code. Only meters supplied by the city may be used. The city may repurchase meters at such time as they are no longer needed by the customer. If repurchased, the purchase price shall be the original sale price. SECTION 48. Title 9, Chapter 2, Section 9-2-10 (Water Use Rates and Charges) is hereby amended to read as follows: 9-2-10: RATES AND CHARGES: A. Water Connection And Inspection: Each water user shall pay for water connection and inspection, a fee of one hundred dollars ($100.00), as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, prior to issuance of the building permit. B. User Charges: Each water user shall pay a monthly amount as set by the city council as established in Title 3, Chapter 1, Section 3-1-3 of the City Code based on water used. C. Fees For Notice Of Shutoff: A processing fee of twenty dollars ($20.00) as established in Title 3, Chapter 1, Section 3-1-3 of the City Code shall be imposed every time: 1) the city Agenda Page 45 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 28 sends a notice of intent to shut off water for nonpayment of bill; and 2) the city posts a notice upon the premises of the proposed water shutoff; and 3) an owner of the property has been sent a notice of intent to shut off water for nonpayment of bill within the previous twelve (12) months; and 4) the delinquent account is paid in full or a payment plan is agreed upon with the city prior to shutoff of water service. D. Water Shutoff And Restoration Fees: A water shutoff fee of thirty five dollars ($35.00) as established in Title 3, Chapter 1, Section 3-1-3 of the City Code shall be imposed every time water service is shut off to a property. A water restoration fee of thirty five dollars ($35.00) as established in Title 3, Chapter 1, Section 3-1-3 of the City Code shall be imposed every time water service is restored to a property. The city council may change the water shutoff and water restoration fees from time to time via city council resolution. SECTION 49. Title 9, Chapter 3, Section 9-3-3 (Sewer Use Fees and Charges) is hereby amended to read as follows: 9-3-3: FEES AND CHARGES: A. Plumber License Fee: Fifty dollars ($50.00) per year. As established in Title 3, Chapter 1, Section 3-1-3 of the City Code. B. Sewer Connection And Inspection Fee: No connection shall be permitted to the city sewer system until a permit and inspection fee, of one hundred dollars ($100.00) as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, has been paid to the city. Any reinspection fee will be one hundred dollars ($100.00) is established in Title 3, Chapter 1, Section 3-1-3 of the City Code per occurrence. A twenty four (24) hour notice is required before the inspection will commence. C. User Charges: Each user of sewer service shall pay the charge(s) applicable to the user class type of service and in accordance with article A of this chapter. as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. SECTION 50. Title 9, Chapter 4, Section 9-4-6.D (Private Sewage Disposal System Permit) is hereby amended to read as follows: D. Permit Fee: All applications for an individual sewage disposal system permit shall be accompanied by a fee of one hundred dollars ($100.00). as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. SECTION 51. Title 9, Chapter 4, Section 9-4-8.A (Private Sewage Disposal System Inspections) is hereby amended to read as follows: Formatted: Font: (Default) Times New Roman Agenda Page 46 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 29 A. Inspections Required; Fee: 1. The building official shall make such inspection or inspections as are necessary to determine compliance with this chapter. No part of the system shall be covered until it has been inspected and accepted by the building official. 2. The owner of the property shall pay an inspection fee of one hundred dollars ($100.00) as established in Title 3, Chapter 1, Section 3-1-3 of the City Code for alleach inspections required under this subsection. SECTION 52. Title 9, Chapter 4, Section 9-4-14 (Private Sewage Disposal System Violations) is hereby amended to read as follows: 9-4-13: MISDEMEANOR VIOLATION: Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed the maximum penalty for a misdemeanor prescribed under state law. punished pursuant to Section 1- 4-1 of the City Code. Each day that any violation is continued shall constitute a separate offense. SECTION 53. Title 9, Chapter 5, Section 9-5-4.B (Stormwater Drainage Utility Connection Charge) is hereby amended to read as follows: B. Charge Established: No person shall, directly or indirectly, discharge, drain, run off, place or deposit, or permit the discharging, draining, running off, placing or depositing of storm or surface waters from his parcel of land on which new construction is to be erected into the municipal storm sewer system, including mains, holding areas and ponds, and other appurtenances and related facilities used for the collection and disposal of storm water or surface water, without first paying a storm water utility connection charge (the short title of such connection charge shall be "SWCON") at the time the building permit is issued. The amount of the SWCON shall, for each parcel of land subject thereto, be calculated as follows:in accordance with charges as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. 1. Single-family residential new construction: Five hundred dollars ($500.00) per unit. 2. Multiple-family residential new construction: Four hundred dollars ($400.00) per unit. 3. All other properties new construction: One thousand five hundred dollars ($1,500.00) per gross acre. Formatted: Font: (Default) Times New Roman Agenda Page 47 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 30 SECTION 54. Title 9, Chapter 5, Section 9-5-5.A (Stormwater Drainage Utility Service Fees) is hereby amended to read as follows: A. Fees Established; Exemptions: Storm water utility fees for parcels of land using the utility are hereby established. Such fees, as established in Title 3, Chapter 1, Section 3-1- 3 of the City Code, shall be determined by resolution of examined by the city council, as and may be adopted amended from time to time, upon advice of the city engineer (the short title of such fee shall be "SWUF"). All fees shall be just and equitable and in accordance with Minnesota statutes section 444.075. The following land uses are exempt from SWUF: 1. Public rights of way. 2. Vacant unimproved land with ground cover. SECTION 55. Title 9, Chapter 6, Section 9-6-3.B.5 (Sump Pump, Surface Water, and Swimming Pool Discharges) is hereby amended to read as follows: 5. A surcharge of one hundred dollars ($100.00) per month as established in Title 3, Chapter 1, Section 3-1-3 of the City Code is hereby imposed and added to every sewer billing to property owners who are not in compliance with this chapter within thirty (30) days of initial inspection. This surcharge is in addition to any other penalties that may be incurred under this chapter. Should a single-family unit property owner found to be in compliance with this chapter and during a subsequent inspection found to have reconnected an illegal source to the sanitary sewer shall immediately become subject to this surcharge. SECTION 56. Title 9, Chapter 7 (Stormwater Detention Pond Water for Irrigation Purposes) is hereby added as follows: Chapter 7 STORMWATER DETENTION POND WATER FOR IRRIGATION PURPOSES 9-7-1: USE OF POND WATER 9-7-2: LICENSING 9-7-1: USE OF POND WATER: In order to conserve the area's drinking water supply and promote the recycling of existing water resources, residents of the city may, upon procurement of a license required by this chapter, expropriate water from city ponds to use for outdoor irrigation purposes. All such water usage shall comply with the requirements of this chapter. 9-7-2: LICENSING: Agenda Page 48 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 31 A. The city building inspector may grant a license to one or more residents of the city to take pond water from ponds which the city either owns or has a drainage and utility easement over for use in irrigating properties adjacent to such ponds. The city building inspector may, but shall not be required to, grant such licenses after making the following findings: 1. The pond generally has adequate water to support the appropriation request. 2. The water can be expropriated without creating a nuisance or otherwise disturbing the enjoyment of neighboring properties. 3. No adverse impacts are expected to occur as a result of the expropriation. 4. The requested appropriation is not likely to create a health hazard. 5. The pumping equipment proposed to be used is sufficient for the purpose and will not disturb neighboring properties. B. All licenses issued under this chapter shall be amendable and/or revocable by the city building inspector at any time for any reason. In addition, the city building inspector may temporarily prohibit or limit the expropriation of water from one or more ponds when the city building inspector determines that such action is in the best interest of the city or its residents. C. All license holders shall comply with the following requirements, as well as any site specific requirements set forth by the city building inspector: 1. The license holder shall not draw a total of ten thousand (10,000) gallons or more from one or more ponds on any given day. 2. All pumps used to remove water from the ponds shall be freestanding or located in a structure that is not connected to the city water supply system. 3. No water pumped from the ponds shall enter and no pump or irrigation system shall in any way be connected to any structure that is connected to the city water supply system. 4. All water appropriated from city ponds shall be used solely for outdoor lawn and plant irrigation purposes. 5. All license holders shall comply with all water appropriation restrictions set forth by the city council from time to time. 6. Licenses shall be issued to individuals and shall not be transferable. 7. No water may be taken from any pond when its water level is at or below one foot (1') below its normal water level. Agenda Page 49 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 32 8. No pumps, electrical equipment or appurtenances other than a suction pipe, check valve and influent screen shall be located within the public drainage and/or utility easement in which the pond is located. 9. The suction pipe shall be buried below grade and the influent screen shall be below the normal water elevation. 10. The license holder shall be responsible for installing the suction pipe, check valve and screen in the pond. 11. The city shall not be liable for any damage that may occur to the system due to work or maintenance within the public drainage/utility easement. D. No pond water appropriation license request shall be considered by the city until an application fee, as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, has been received by the city. No additional license fee shall apply. SECTION 57. Title 10, Chapter 1, Section 10-1-1.C (Certificate of Occupancy for Commercial and Industrial Buildings) is hereby amended to read as follows: C. Fee: Applications for temporary or final certificate of occupancy shall be accompanied by a fee of fifty dollars ($50.00) as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. SECTION 58. Title 10, Chapter 1, Section 10-1-3.A.1.b (Improvements/Escrow for New Residential Construction) is hereby amended to read as follows: b. (1) Provides the city with a cash escrow in accordance with subsection E of this section Title 3, Chapter 1, Section 3-1-3 of the City Code; and (2) Enters into an escrow agreement with the city to install the improvements required in subsection A1a of this section Section 10-3-1.A.1.a of this Code by a date certain as specified by the city engineer, which agreement provides the city with the authority to enter upon the property to install said improvements using the money placed in escrow in the event the improvements are not installed by the date determined by the city engineer; and (3) Provides and maintains adequate erosion control measures as determined by the city engineer until such time as all improvements required of the property pursuant to subsection A1a of this section Section 10-1-3.A.1.a of this Code have been installed. Formatted: Font: (Default) Times New Roman Agenda Page 50 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 33 SECTION 59. Title 10, Chapter 1, Section 10-1-3.D and 10-1-3.E (Improvements/Escrow for New Residential Construction) is hereby amended to read as follows: D. Fees Required: 1. All persons or entities requesting a certificate of occupancy pursuant to subsection A1b of this section Section 10-1-3.A.1.b of this Code shall pay the city a nonrefundable inspection review fee in accordance with subsection E of this section Title 3, Chapter 1, Section 3-1-3 of the City Code for the processing of the escrow and escrow agreement, for one review inspection, and for the cost of reviewing the as built survey by the city engineer. 2. If a second review inspection is required, the person or entity requesting the certificate of occupancy shall pay reinspection fees in accordance with subsection E of this section Title 3, Chapter 1, Section 3-1-3 of the City Code prior to the performance of the second review inspection. 3. If a second as built survey or lot survey review is required, the person or entity requesting the certificate of occupancy shall pay a resurvey fee in accordance with subsection E of this section Title 3, Chapter 1, Section 3-1-3 of the City Code prior to the performance of the second as built survey. 4. Said inspection review fee, reinspection fees and resurvey fee may be modified from time to time by resolution ordinance amendment of the city council. E. Fee Amounts: 1. Fees are as follows: Escrow fees: Fee per tree $ 250 .00 Fee for sod 2,500 .00 Fee for administration of escrow 100 .00 Additional fees on building permit or as assigned: Review fee, engineer reviews survey 75 .00 Additional review as built survey 75 .00 Reinspection fee 50 .00 Landscape reinspection fee 25 .00 Agenda Page 51 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 34 25. Fees to be escrowed are fees for sod, trees and administration of escrow. 36. Compliance fees and reinspection fees are due with the permit. FE. Application Of Provisions: This section shall apply to all residential dwelling units within the city which have not received a final certificate of occupancy at the effective date hereof. SECTION 60. Title 10, Chapter 2, Section 10-2-3 (Building Code Permits and Fees) is hereby repealed in its entirety and amended to read as follows: 10-2-3: PERMITS AND FEES: The issuance of permits and the collection of fees shall be as authorized in Minnesota statutes section 326B.121, subdivision 1. A. Permit Fees: Permit fees shall be assessed for work governed by this code in accordance with the fee schedule as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota statute section 326B.148. Where permit fees are based on valuation, the minimum valuation shall be calculated using the most current Minnesota Department of Labor and Industry Building Valuation Data. B. Plan review fee as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. C. Residential single and two family dwelling building permits shall be charged a lot survey and as built survey review fee, as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, under Building and Development Regulations in the fee schedule of the City Code. D. Commercial, industrial, multiple family, and institutional building permits shall be charged a site and building plan review fee, as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, under Appendix A Zoning Ordinance in the fee schedule of the City Code. E. Other building permit or Fire Code related inspections as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. SECTION 61. Title 10, Chapter 4, Section 10-4-10.D (Rental Unit Owners Licensing) is hereby amended to read as follows: Agenda Page 52 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 35 D. Fees: 1. License Fees: a. License fees, as set forth in Title 3, Chapter 1, Section 3-1-3 of the City Code by city council resolution, shall be due ninety (90) days prior to the license application date; in the cases of new, unlicensed dwellings, license fees shall be due upon issuance of the certificate of occupancy. b. A delinquency penalty of five percent (5%) of the license fee for each day of operation without a valid license shall be charged operators of rental dwellings. Once issued, a license is nontransferable, and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership. 2. Inspection Fees: A fee, as set forth in Title 3, Chapter 1, Section 3-1-3 of the City Code by city council resolution, shall be charged for all reinspections necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property, in the case of rental housing, and at the time of recertification of occupancy for nonresidential properties. SECTION 62. Title 10, Chapter 5, Section 10-5-3 (Numbering Buildings Violation) is hereby amended to read as follows: 10-5-3: PETTY MISDEMEANOR VIOLATION; PENALTY: Violation of this chapter shall constitute a petty misdemeanor and shall be punishable by a fine not to exceed three hundred dollars ($300.00).pursuant to Section 1-4-1 of this Code. SECTION 63. Title 10, Chapter 7, Section 10-7-7.B.1.a (Temporary and Portable Signs) is hereby amended to read as follows: a. Permit Application: Temporary and/or portable signs or banners shall not be permitted without a permit. A temporary sign application fee, as set by city resolution established in Title 3, Chapter 1, Section 3-1-3 of the City Code, shall be submitted to the city building official. Each sign shall require a separate permit. The application shall be signed by both the business requesting the sign and the property owner of the site where the sign is to be located. The sign application shall include information that identifies the type of sign, sign size, sign location and the dates when the sign will be in place and the date of the sign removal. The city building official is authorized to review and approve Agenda Page 53 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 36 permits for temporary signs and/or portable signs or banners, ten (10) days prior to the special event. SECTION 64. Title 10, Chapter 7, Section 10-7-8.C (Sign Permit Requirements) is hereby amended to read as follows: C. Permit Fees: For each billboard or sign requiring a permit, there shall be an initial fee, as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, which shall be set from time to time by city council ordinance. SECTION 65. Title 10, Chapter 8, Section 10-8-5.A (Vacant Building Registration) is hereby amended to read as follows: A. The owner of a vacant building shall pay an annual registration fee of one hundred dollars ($100.00). as established in Title 3, Chapter 1, Section 3-1-3 of the City Code. Said fee may be modified by city council resolution from time to time. Subsequent annual fees shall be paid on the anniversary of the initial registration. This fee is imposed to defray the costs of registering and monitoring the vacant building. SECTION 66. Title 10, Chapter 8, Section 10-8-8 (Vacant Building Registration) is hereby amended to read as follows: 10-8-8: PENALTY: Any owner who fails to register a vacant building under this chapter or who provides inaccurate or false information shall face an administrative fine of one hundred dollars ($100.00) as established in Title 3, Chapter 1, Section 3-1-3 of the City Code for each month that the building remains unregistered. SECTION 67. Title 11, Chapter 2, Section 11-2-7.A (Subdivision Regulations, Fees , Charges and Expenses) is hereby amended to read as follows: A. Fees, Charges And Expenses Established: Fees and charges, as well as expenses incurred by the city for engineering, planning, attorney, and other services related to the processing of applications shall be established by ordinance and collected by the zoning administrator for deposit in the city accounts. Fees are as provided in this section established in Title 3, Chapter 1, Section 3-1-3 of the City Code. The council may also establish charges for public hearings, special meetings, or other such council or planning commission actions as are necessary to process applications. Agenda Page 54 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 37 Subject Proposed Fee/Escrow 1. Administrative subdivision application $400.00/$1,500.00 2. Sketch plan application (see section 11-4- 1 of this title) $200.00/$2,500.00 plus $50.00 per lot 3. Preliminary plat application (see section 11- 4-2 of this title): Residential $450.00/$5,000.00 or $250.00 per lot, whichever is greater Commercial/industrial $450.00/$5,000.00 plus $500.00 per lot 4. Final plat (see section 11-4-3 of this title) $400.00/$2,500.00 5. Park dedication fees in lieu of land: Residential development (see subsection 11- 7-8-2B of this title) $3,300.00 per residential unit Commercial development (see subsection 11-7-8-2C of this title) $8,200.00 per acre subdivided Industrial development (see subsection 11- 7-8-2C of this title) $2,500.00 per acre subdivided 6. Variance/appeal application (see section 11- 2-6 of this chapter) $300.00/$500.00 7B. Prior to the release of a final plat, the applicant shall pay an administrative fee equal to three and one-half percent (3.5%) a percentage established in Title 3, Chapter 1, Section 3-1-3 of the City Code, of the cost of all municipal improvements installed in or on the plat as required by this title. Municipal improvements shall include streets, curb, gutter, sidewalk, sanitary sewer, storm sewer, water main, stormwater ponding and other such items which will be dedicated to the city after their installation. This administrative fee shall be in addition to out of pocket costs incurred by the city such as engineering, planning and attorney fees. The city may, from time to time by resolution, change the amount of the administrative fee set out herein. SECTION 68. Appendix A (Zoning Ordinance), Chapter 100, Section 100.10.A (Fees, Charges and Expenses) is repealed in its entirety and replaced with the following: Agenda Page 55 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 38 A. Fees and charges, as well as expenses incurred by the city for engineering, planning, attorney and other services related to the processing of applications, shall be established by this zoning ordinance and collected by the zoning administrator for deposit in the city's accounts. Fees shall be established as follows. and escrows are established in Title 3, Chapter 1, Section 3-1-3 of the City Code. The council may establish charges for public hearings, special meetings, or other such council or planning commission actions as are necessary to process applications. Multiple applications shall require the collection of multiple fees and escrows. In the event that city costs in processing a development application exceed the escrow, the applicant shall be responsible for the said costs. SECTION 69. Appendix A (Zoning Ordinance), Chapter 800, Section 800.2 (Enforcement and Penalties) is hereby amended to read as follows: 800.2: VIOLATION: Any person who violates any of the provisions of this ordinance shall be found guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than one thousand dollars ($1,000.00) or imprisonment for a term not to exceed ninety (90) days, or both, plus the cost of prosecution in either case. charged pursuant to Section 1-4-1 of this Code. Each day that a violation exists shall constitute a separate offense. SECTION 70. Appendix A (Zoning Ordinance), Chapter 1000, Sections 1000.7.B.1.a.(3) and 1000.7.B.1.b.(1) (Landscaping Requirements) is hereby amended to read as follows: a. Sod/Seeding Requirement: (3) The yard may be seeded in lieu of sodding provided it has an underground sprinkler system which covers one hundred percent (100%) of the yard, silt fence installed on the nonsodded perimeter boundary and a cash escrow is established with the city equal to one and one-half (11/2) times the estimated cost of ground cover or a minimum of three thousand dollars ($3,000.00) whichever is more plus a seventy five dollar ($75.00) plus a nonrefundable administrative fee in an amount established in Title 3, Chapter 1, Section 3-1-3 of the City Code. Upon satisfactory installation of the ground cover and significant growth as determined by the city, the escrow will be returned to the property owner and a certificate of occupancy issued. b. Nongrowing Season Escrow: (1) A temporary certificate of occupancy can be granted for a building during the nongrowing season provided that the owner establishes a cash escrow Formatted: Font: (Default) Times New Roman Agenda Page 56 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 39 with the city equal to one and one-half (11/2) times the estimated cost of ground cover or a minimum of three thousand dollars ($3,000.00) whichever is more plus a seventy five dollar ($75.00) plus a nonrefundable administrative fee in an amount established in Title 3, Chapter 1, Section 3-1-3 of the City Code. Upon satisfactory installation of the ground cover, the escrow will be returned to the property owner and a certificate of occupancy issued. SECTION 71. Appendix A (Zoning Ordinance), Chapter 1000, Section 1000.7.C.2.b (Required Ground Cover ) is hereby amended to read as follows: b. In cases where sodding or seeding and mulching has not been done within thirty (30) days of building occupancy, the property owner/developer shall be required to provide an escrow deposit, equal to one and one-half (11/2) times the estimated cost of the ground cover in an amount established in Title 3, Chapter 1, Section 3-1-3 of the City Code, which will be returned to the property owner/developer upon completion of the work. SECTION 72. Appendix A (Zoning Ordinance), Chapter 1000, Section 1000.22 (Temporary Outdoor Seasonal Sales) is hereby amended to read as follows: 1000.22: TEMPORARY OUTDOOR SEASONAL SALES: Temporary outdoor seasonal sales may be permitted in any business zoning district; provided, that the following minimum criteria are complied with: A permit application form and fee, as set by council resolution established in Title 3, Chapter 1, Section 3-1-3 of the City Code, shall be submitted to the city administrator who is hereby authorized to review and approve permits for temporary outdoor seasonal sales, provided the following criteria are established: SECTION 73. Appendix A (Zoning Ordinance), Chapter 1500, Section 1500.2 (Site Plan Required) is hereby amended to read as follows: 1500.2: PLAN REQUIRED: In addition to other plan requirements outlined in this ordinance, site and construction plans that include the information requirements of section 400.4 of this ordinance will be required and shall be submitted to and approved by the building official prior to the issuance of any building permit. An application and fee, as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, shall be required for all site and building plan reviews. Agenda Page 57 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 40 SECTION 74. Appendix A (Zoning Ordinance), Chapter 1600, Section 1600.3.B (Special Home Occupation) is hereby amended to read as follows: B. Special Home Occupation: Any home occupation which does not meet the specific requirements for a permitted home occupation, as defined in this chapter, shall require a special home occupation license. Such license shall be issued subject to the conditions of this chapter, other applicable city regulations and state law. This license may be issued by the zoning administrator or his agent based upon proof of compliance with the provisions of this chapter. Application for the permitted home occupation license shall be accompanied by a fee as established by section 100.10 of this ordinance in Title 3, Chapter 1, Section 3-1-3 of the City Code. If the administrator denies a special home occupation license to an applicant, the applicant may appeal the decision to the city council, which shall make the final decision. The license shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this chapter have been changed. At such time as the city has reason to believe that either event has taken place, a public hearing shall be held before the planning commission. The council shall make a final decision on whether or not the permit holder is entitled to the license. SECTION 75. Appendix A (Zoning Ordinance), Chapter 1800, Section 1800.2.A (Landfilling Operations) is hereby amended to read as follows: A. Any person desiring a permit hereunder shall present an application, and a fee as established in section 100.10 of this ordinance Title 3, Chapter 1, Section 3-1-3 of the City Code, on such forms as shall be provided by the zoning administrator requiring the following information: SECTION 76. Appendix A (Zoning Ordinance), Chapter 1900, Section 1900.3.A (Land Excavation and Grading) is hereby amended to read as follows: A. Any person desiring a permit hereunder shall present an application, and a fee as established in Title 3, Chapter 1, Section 3-1-3 of the City Code, on such form as shall be provided by the zoning administrator requiring the following information: SECTION 77. Appendix A (Zoning Ordinance), Chapter 2100, Section 2100.2 (Essential Services Special Permit) is hereby amended to read as follows: 2100.2: SPECIAL PERMIT REQUIRED: All underground telephone lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines and substations less than thirty three Agenda Page 58 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 41 (33) kilovolts, when installed in any public right of way in any zoning district, shall require a special permit approved by the city engineer. The special permit fee is established in Title 3, Chapter 1, Section 3-1-3 of the City Code. SECTION 78. Appendix A (Zoning Ordinance), Chapter 2700, Section 2700.4.A.1 (Planned Unit Development Permit) is hereby amended to read as follows: A. General Processing Requirements: 1. The PUD request shall be processed according to chapter 300 or chapter 400 of this ordinance as may be applicable, except as herein modified. Separate application shall be required for the PUD zoning and each PUD review stage. Said application shall be accompanied by a fee and escrow established in Title 3, Chapter 1, Section 3-1-3 of the City Code. Formatted: Font: (Default) Times New Roman Agenda Page 59 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 42 SECTION 79. Appendix A (Zoning Ordinance), Chapter 2700, Section 2700.4.C.2.b (Planned Unit Development Concept Stage) is hereby amended to read as follows: b. The applicant shall file the concept stage application, together with all supporting data and a filing fee established by section 100.10 of this ordinance. in Title 3, Chapter 1, Section 3-1-3 of the City Code. This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 3rd day of January 2017. ___________________________________ Jillian Hendrickson, Mayor ATTEST: _____________________________ Kimberly A. Olson, City Clerk Agenda Page 60 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY ORDINANCE NO. 2017-01 A SUMMARY ORDINANCE AMENDING THE ALBERTVILLE CITY CODE CONSOLIDATING CITY FEES, CHARGES, ESCROWS, AND PENALTIES FROM THE ENTIRE CITY CODE INTO A TABLE WITHIN TITLE 3, CHAPTER 1, SECTION 3-1-3 OF THE CITY CODE AND HOUSEKEEPING CODE AMENDMENTS WITHIN THE CITY CODE OF THE CITY OF ALBERTVILLE NOTICE IS HEREBY GIVEN that on January 3, 2017, Ordinance No. 2017-01 amending all titles of the Albertville City Code was adopted by the City Council of Albertville, Minnesota. Due to the length of the ordinance, the following summary ordinance has been prepared for publication. The full ordinance is available for public review at www.ci.albertville.mn.us and a paper copy is available for public review at Albertville City Hall at 5959 Main Avenue NE. NOTICE IS FURTHER GIVEN that the adopted amendment includes the following components: Titles 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, and Appendix A Zoning Ordinance of the Albertville City Code are amended to remove all fees, charges, escrows, and penalties. Dollar amounts were removed and consolidated in Title 3, Chapter 1, Section 3-1-3 of the City Code. All fees, charges, escrows, and penalties have been updated to reflect City costs and/or State regulations. Titles 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, and Appendix A Zoning Ordinance of the Albertville City Code are amended to have all references to misdemeanor or petty misdemeanor directed to Title 1, Chapter 4, Section 1-4-1 of the City Code for standardized definition of this offense and penalty. Title 4, Chapter 1, Section 4-1-6 of the City Code was amended to include a consumption and display license per Minnesota State Statutes to the Albertville liquor license regulations. Title 8 and 9 of the City Code have been amended to remove stormwater detention pond water for irrigation purposes from Title 8, Chapter 5 and to relocate to Title 9, Chapter 7 in its entirety. Agenda Page 61 City of Albertville Ordinance No. 2017-01 Meeting of January 3, 2017 Page 2 This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 3rd day of January 2017. ___________________________________ ATTEST: Jillian Hendrickson, Mayor _____________________________ Kimberly A. Olson, City Clerk Agenda Page 62 Mayor and Council Communication M:\Public Data\City Council\Council Packet Information\2017\010317\010317 4th Quarter 2016 Budget to Actual RCA.docx Meeting Date: January 3, 2017 December 28, 2016 SUBJECT: FINANCE - 4TH QUARTER REPORT – UN-AUDITED INTRODUCTION: This space is reserved on the Council agenda for Mayor and Council review and discussion regarding monthly Finance reports. No action is required at his time. 4th QUARTER BUDGET TO ACTUAL: Attached is the 4th Quarter 2016 un-audited General Fund summary of revenues and expenditures. Revenues and expenditures should be at 100%. This summary shows operating revenues are at 107.7% and operating expenses are at 101.2%. Staff is continuing to process 2016 expenses and must also complete transfers, allocations of interests for investments, receivables, contract payments, and capital assets, so this is only a preliminary summary of the 4th quarter. Council can expect to see the final 4th quarter summary and audited financial statements in April. VARIANCES: Revenue: • Fire Aid includes $61,481 received in 2016 for 2015 • Charges for services received two large payments from insurance companies for accidents • Fire protection includes $56,427 for 2015 service received in 2016 • Other Revenue – The LMCIT dividend for this year was $33,260 Expenses: • Council - Washington DC trip and I-94 Chamber dues for 2016 and 2017 • Clerk – elections • Fire Department – 2015 fire pension payment of $61,481 paid in 2016 due to not receiving fire aid revenues from the state until 2016. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: 2016 Budget to Actual Agenda Page 63 2016 2016 Actual % of Budget 12/22/2016 Budget 31010 Current Ad Valorem Taxes 1,812,082 1,794,376 99.0% 32100 Business Licenses & Permits 27,000 39,616 146.7% 32110 Liquor Licenses 29,500 32,812 111.2% 32120 3.2 Liquor Licenses 75 30 40.0% 32150 Sign Permits 1,200 1,335 111.3% 32210 Building Permits 79,000 96,311 121.9% 32240 Animal Licenses 600 1,468 244.7% 33401 LGA Revenue Expected 90,462 90,462 100.0% 33405 Police Aid 30,000 40,080 133.6% 33406 Fire Aid 43,000 124,796 290.2% 33422 Other State Aid Grants 10,000 11,115 111.1% 34000 Charges for Services 2,000 8,017 400.9% 34005 Engineering As Built Fee 3,000 2,400 80.0% 34101 Leases - City Property 1,440 2,875 0.0% 34103 Zoning & Subdivision Fees 2,000 1,700 85.0% 34103 Plan Check Fee 38,000 44,326 116.6% 34106 Title Searches 2,000 3,660 183.0% 34113 Franchise Fee - Cable 72,000 74,347 103.3% 34202 Fire Protection Contract Charges 253,304 309,732 122.3% 34780 Rental Fees 10,000 12,942 129.4% 34950 Other Revenues 8,000 47,706 596.3% 34110 Arena 12,323 11,255 91.3% 34112 Franchise Fee - Electric 115,000 119,983 104.3% 36210 Interest Earnings 25,000 - 0.0% Total Revenues 2,666,986$ 2,871,344$ 107.7% 2016 2016 Actual % of Budget 12/22/2016 Budget 41000 General Government 30,000 80,391 268.0% 41100 Council 40,059 44,731 111.7% 41300 Combined Administrator/Engineer 89,858 84,614 94.2% 41400 City Clerk 98,256 103,892 105.7% 41440 Elections 15,500 16,479 106.3% 41500 Finance 111,757 92,187 82.5% 41550 City Assessor 29,870 28,616 95.8% 41600 City Attorney 40,000 18,998 47.5% 41700 City Engineer 20,000 37,570 187.9% 41800 Economic Development 5,000 2,675 53.5% 41910 Planning & Zoning 41,507 64,802 156.1% 41940 City Hall 131,696 113,781 86.4% 42000 Fire Department 442,808 492,545 111.2% 42110 Police 684,750 686,616 100.3% 42400 Building Inspection 159,144 155,835 97.9% 42700 Animal Control 5,000 6,040 120.8% 43100 Public Works - Streets 301,624 285,357 94.6% 45000 Culture & Recreation 69,809 56,849 81.4% 45100 Parks & Recreation 269,348 252,883 93.9% 43160 Electric street lights 81,000 73,735 91.0% Total Expenditures 2,666,986$ 2,698,594$ 101.2% 2016 2016 Actual % of Budget 12/22/2016 Budget 102 Capital Levy 937,465 937,465 100.0% Total Revenues 937,465$ 937,465$ 100.0% 2016 2016 Actual % of Budget 12/22/2016 Budget 102 Capital Expenses 937,465 590,091 62.9% Total Expenditures 937,465$ 590,091$ 62.9% 2016 Capital Fund Capital Fund 102 Revenues Capital Fund 102 Expenditures 2016 Council Update GENERAL FUND OPERATIONS General Fund Revenue: General Fund Expenditures data$/Public Data / Finance / Budget/Qtr budget update.xlsx Agenda Page 64 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2017\010317\2017-01-03 Appointments to Boards and Committees.docx Meeting Date: January 3, 2017 December 29, 2017 SUBJECT: ADMINISTRATION – 2017 APPOINTMENTS TO BOARDS AND COMMITTEES RECOMMENDATION: It is respectfully requested that the Mayor and Council review and revised the attached consider the following: MOTION TO: Approve Resolution 2017-002 appointing City Council members to various boards and committees for 2017. BACKGROUND: Each year, the City Council must make appointments to the City’s various boards and committees. KEY ISSUES: • Alternates are appointed to the boards and committees to serve in the case of absence of the appointed Council member. • Staff appointments are also made to the boards and committees. • The Beyond the Yellow Ribbon appointments have been removed from the 2017 schedule as its board is currently in active. • Below is the historical frequency, day, and time the boards and committees generally meet: Board/Committee Frequency Day/Week Time Cable TV Board As Needed Emergency Management Director As Needed Economic Development Authority (EDA) As Needed Fire Advisory Commiettee – Albertville & Otsego 1-4x/Qtr 2nd Wed. 6:00 p.m. Fire Relief Association Representatives 1x/Qtr FYCC 1x/month 3rd Wed. 7:30 a.m. Joint Powers Water Board 1x/month 4th Mon. 6:00 p.m. Library As Needed Otsego Creek Authority As Needed Parks & Recreation Committee 1x/month 4th Mon. 8:00 p.m. Personnel Committee As Needed Planning Commission 1x/month 2nd Tues. 7:00 p.m. Emergency Management Committee As Needed Public Works Committee As Needed STMA Ice Arena Board 1x/month 2nd Mon. 6:00 p.m. Wright County Area Transit (WCAT) 1x/month 3rd Tues. 2:00 p.m. Agenda Page 65 Mayor and Council Communication – January 3, 2017 2017 Appointments to City Boards and Committees Page 2 of 3 M:\Public Data\City Council\Council Packet Information\2017\010317\2017-01-03 Appointments to Boards and Committees.docx Meeting Date January 3, 2017 Draft Appointments for Council Review: Note: Highlighted appointments represent changes from 2016: Committee/Board 2016 Appointments 2017 Appointments Beyond the Yellow Ribbon* Larry Sorenson Rob Olson Alternate – John Vetsch Currently Inactive Cable TV Board John Vetsch John Vetsch Emergency Management Director Fire Chief Eric Bullen Fire Chief Eric Bullen EDA Mayor and all Council members Fire Advisory Committee – Albertville & Otsego Larry Sorensen Rob Olson Fire Chief Finance Director City Administrator Aaron Cocking Rob Olson Fire Chief Finance Director City Administrator Fire Relief Association Representatives Chief Larry Sorenson City Administrator Chief Aaron Cocking City Administrator FYCC Rob Olson Alternate – Jillian Hendrickson Rob Olson Alternate – Jillian Hendrickson Joint Powers Water Board Jillian Hendrickson John Vetsch Alternate – Walter Hudson Jillian Hendrickson John Vetsch Alternate – Walter Hudson Library Jillian Hendrickson Jillian Hendrickson Otsego Creek Authority John Vetsch Alternate – Walter Hudson Planning Commission Rep. John Vetsch Alternate – Walter Hudson Planning Commission Rep. Parks & Recreation Committee John Vetsch Public Works Supervisor John Vetsch Public Works Supervisor Personnel Committee Jillian Hendrickson Rob Olson Jillian Hendrickson Rob Olson Planning Commission Walter Hudson Alternate – Rob Olson Walter Hudson Alternate – Rob Olson Emergency Management Committee Larry Sorensen Rob Olson Fire Chief Alternate – Walter Hudson Aaron Cocking Rob Olson Fire Chief Alternate – Walter Hudson Public Works Committee Larry Sorensen John Vetsch Public Works Supervisor City Administrator Aaron Cocking John Vetsch Public Works Supervisor City Administrator STMA Ice Arena Board Walter Hudson John Vetsch Alternate – Jillian Hendrickson Arena Manager – Grant Fitch Administrator and Finance Dir. Walter Hudson John Vetsch Alternate – Jillian Hendrickson Arena Manager – Grant Fitch Administrator and Finance Dir. Wright County Area Transit* Jillian Hendrickson City Administrator Jillian Hendrickson City Administrator Agenda Page 66 Mayor and Council Communication – January 3, 2017 2017 Appointments to City Boards and Committees Page 3 of 3 M:\Public Data\City Council\Council Packet Information\2017\010317\2017-01-03 Appointments to Boards and Committees.docx Meeting Date January 3, 2017 LEGAL ISSUES: The Mayor and City Council have the authority to review and approve appointments to boards and committees of the City. Submitted by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2017-002 Agenda Page 67 Page CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-002 A RESOLUTION APPOINTING CITY COUNCIL MEMBERS TO BOARDS AND COMMITTEES FOR 2017 WHEREAS, it has been the policy of the Albertville City Council to make annual appointments of the City Council members to its various boards and committees at the beginning of each year, and; WHEREAS, the City Council establishes the following are appointed for the year 2017: Cable TV Board John Vetsch Emergency Management Director Fire Chief Economic Development Authority (EDA) Mayor and all Council members Emergency Management Committee Aaron Cocking Rob Olson Fire Chief Alternate – Walter Hudson Fire Advisory Committee – Albertville & Otsego Aaron Cocking Rob Olson Fire Chief Finance Director City Administrator Fire Relief Association Representatives Fire Chief Aaron Cocking City Administrator FYCC Rob Olson Alternate – Jillian Hendrickson Joint Powers Water Board Jillian Hendrickson John Vetsch Alternate – Walter Hudson Library Jillian Hendrickson Otsego Creek Authority John Vetsch Alternate –Walter Hudson Agenda Page 68 City of Albertville Resolution No. 2017-002 Page 2 Planning Commission Rep Parks & Recreation Committee John Vetsch Alternate - Walter Hudson Public Works Supervisor Personnel Committee Jillian Hendrickson Rob Olson Planning Commission Walter Hudson Alternate – Rob Olson Public Works Committee Aaron Cocking John Vetsch Public Works Supervisor City Administrator STMA Ice Arena Board Walter Hudson John Vetsch Alternate – Jillian Hendrickson Arena Manager City Administrator Finance Director Wright County Area Transit (WCAT) Jillian Hendrickson City Administrator NOW, THEREFORE, BE IT RESOLVED, that such appointments shall take effect on the date January 1, 2017 and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Adopted this 3rd day of January, 2017 by the Albertville City Council. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 69 City Administrator’s Update December 29, 2016 GENERAL ADMINISTRATION I-94 Layout and Albertville Interchange: I am working to coordinate a meeting with MnDOT to discuss CSAH 19 and 37 interchange improvements. Specifically, staying true to the “Ultimate Build” plan, previously approved by MnDOT. 2017 Lobbying Services for Transportation: St. Michael also approved the 2-year service agreement with LGN and as such both cities are executing their agreements. 2017 Board and Committee Appointments: The 2017 appointments resolution (draft) is included as an agenda item. Planning Commission Terms: The City has received six letters of interest for the two terms that expire at the end of the year. Per the appointment policy adopted in early 2016, interviews for the seats must be held by the Council at a workshop meeting. We will need to set a time and date for the interviews at this meeting. ENGINEERING/PUBLIC WORKS Mall of Entertainment-Traffic Study: SRF is underway with the traffic study for the Mall of Entertainment and surrounding area. Earlier this week Otsego, St. Michael, Wright County, and Albertville met to provide insight to SRF on future development and infrastructure plans for the NE Wright County area, which will be used to complete the analysis. CSAH 37 and I-94 Signal Revisions: SRF has completed the MnDOT required signal modification plan and I have sent the revised plan to MnDOT for review. WWTP: John Middendorf and I met with Bolton and Menk to review renewal of the MPCA permit, preparation of the MPCA required mercury minimization plan, and moving forward with the facility plan to meet the 2021 phosphorus limit. In February, we would like to have a workshop to provide an update and discuss discharge requirement options. Joint Powers Water Board: SEH is working on a comprehensive master plan for the JPWB. John and I will be meeting with Chris Larson to review future water extensions, loops, etc. for Albertville. 2017 CSAH 19 and 57th Street Signal Improvements: Project plans and specifications are being prepared. 2017 Street Project: Plans and specifications are underway and we are currently planning for the resident meeting to be held in February. Ballfield Lighting: The poles have been set and our electrician is currently wiring the system. I expect Xcel will complete the hookup this winter or early spring. Agenda Page 70 City Administrator’s Update Page 2 of 2 December 29, 2016 CenturyLink Fiber Projects: CenturyLink will be resuming work in the spring. Upcoming Events: • I-94 Coalitions Legislative Preview Breakfast – Friday, January 6, 7:30-9:00 AM, at the Monticello Community Center Attachments: Resolution 2016-004 Planning Commission Appointment Policy Agenda Page 71 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2016 -004 RESOLUTION SETTING POLICY AND PROCEDURE FOR SELECTING MEMBERS OF THE ALBERTVILLE PLANNING COMMISSION WHEREAS, the City of Albertville has established an advisory Planning Commission and is reliant on the recommendations of the commission in addressing issues associated with land use, zoning, and development applications, and WHEREAS, members of the commission are resident volunteers that are appointed by the City Council; and WHEREAS, the appointments are for three -year terms staggered among the commission members with the terms of the committee member expiring at different years; and WHEREAS, the City Council wishes to encourage community resident involvement and participation in City government and community events; and WHEREAS, the City wishes to provide opportunities for resident involvement on the Planning Commission; and NOW, THEREFORE, BE IT RESOLVED that the City of Albertville, Minnesota hereby approves the following policy and procedure for appointing members of the Planning Commission. PLANNING COMMISSION APPOINTMENT POLICY The City shall track the appointments and terms for the Planning Commission. 2. Upon the expiration of a commission member's term, City staff shall notify the member two months in advance of expiration and request a letter of interest from said member regarding retaining the position. 3. Two months in advance of the expiration of any commission member term, City staff will advertise the position opening and solicit letters of interest from community residents who may be interested in being appointed to said position. 4. City staff shall collect all letters of interest and establish schedules for interviews before the entire Council at a workshop meeting. Agenda Page 72 City of Albertville Meeting of February 1, 2016 Resolution No. 2016 -004 Page 2 The City Council shall select advisory commission members from the pool of candidates for the open positions or direct staff to re- advertise. 6. Existing commission members shall hold their position until their successors are appointed. Adopted by the City Council of the City of Albertville this 1St day of February, 2016. an Hendrickson, Mayor ATTEST: c, I - '1 k — Kimberly . Olson, City Clerk Agenda Page 73