2019-05-20 City Council Agenda Packetlbcrtvijje
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City of Albertville Council Agenda
Monday, May 20, 2019
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.
1. Call to Order
2. Pledge of Allegiance — Roll Call
3. Recognitions — Presentations — Introductions
4. Public Forum — (time reserved 5 minutes)
5. Amendments to the Agenda
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on
the Consent Agenda following the approval of the remaining Consent items. These items will be
approved by a separate motion.
A. Approve the April 15, 2019 regular City Council meeting minutes as presented (pgs 4-8)
B. Approve the April 15, 2019 Local Board of Appeals and Equalization meeting minutes as
presented (pgs 9-10)
C. Approve the April 29, 2019 Joint Governance meeting minutes as presented (pgs 11-12)
D. Approve the April 29, 2019 City Council workshop meeting minutes as presented (pgs 13-15)
E. Authorize the Monday, May 6, 2019 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
6)
F. Authorize the Monday, May 20, 2019 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
7)
G. Approve an Intoxicating Temporary On -Sale Liquor License for the Knights of Columbus
Council #4174 and the Foxtails Snowmobile Club for June 7-9, 2019 for the 2019 Friendly
City Days festival for a flat fee of $100 per organization for the event (pgs 18-20)
H. Approve an Intoxicating Temporary On -Sale Liquor License for the American Legion Post
567, DBA Liberty Restaurant Bar, for June 1, 2019 for a fundraising benefit for the Dehn
family (pgs 21-22)
I. Approve the Church of St. Albert Lawful Gambling Exempt Permit Application for the annual
Parish Festival that will be held on September 15, 2019 at the St. Albert Parish Center (pgs 23-
26)
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City of Albertville Council Agenda
Monday, May 20, 2019 Page 2 of 3
J. Adopt Resolution 2019-023 approving an Off -Site Gambling Permit for the STMA Youth
Hockey Association for Albertville Friendly City Days on June 8, 2019 (pgs 27-30)
7. Public Hearings — None
8. Department Business
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
B. Planning/Zoning
1). Planner's Update (pgs 31-33)
2). Northeast Albertville Trails (pgs 34-61)
C. Public Works/Engineering
1). Fire Hydrant Maintenance Policy (pgs 62-63)
2). Barthel House Demolition (Quotes provided at meeting)
(Motion to approve demolition in the amount of $ )
3). CSAH 19 Update — Verbal
4). Albertville WWTP and Discharge Improvements (pgs 64-70)
• Motion to Approve Resolution No. 2019-024 entitled A Resolution Approving Plans
and Specifications Accepting Low Bid for Construction of the Albertville WWTP and
Discharge Improvements, Contingent on MPCA Approvals.
• Motion to Approve construction services proposal by Bolton & Menk, Inc. for an
estimated amount of $348,336.
5). Wastewater Discharge Project (pgs 71-76)
• Motion to Approve Resolution 2019-025 entitled, declaring the official intent of the
City of Albertville to reimburse certain expenditures from the proceeds of bonds to
be issued by the City.
• Motion to Approve Resolution 2019-026 committing City funds related to special
appropriations grant, through the planned issuance of general obligation sewer
revenue bonds, series 2019A.
6). Minor Drainage Projects Review — Discussion
D. City Clerk
1). Stay in the Fight and Farrell's Memorial Day Special Event (pgs 77-79)
• Motion to Waive the $75 Mobile Food Unit license fees for the Stay in the Fight and
Farrell's Memorial Day Event on May 27, 2019
OR
• Motion to not waive the $75 Mobile Food Unit license fees for the Stay in the Fight
and Farrell's Memorial Day Event on May 27, 2019
E. Fire
1). Fire Equipment Update - Verbal
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City of Albertville Council Agenda
Monday, May 20, 2019 Page 3 of 3
F. Legal
1). Aptive Environmental, LLC Stand Down Agreement (pgs 80-84)
(Motion to Approve the Stand Down Agreement between Aptive Environmental, LLC and
City of Albertville.)
G. Finance -None
H. Building —None
L Administration
1). City Administrator's Update (pgs 85-86)
9. Announcements and/or Upcoming Meetings
May 17
Explore Your Parks Night
May 27
City Offices Closed, Memorial Day
May 28
Parks Committee, 6:00 p.m. — Depot (location change)
June 3
City Council, 7:00 p.m.
Jun 5-9
Friendly City Days
June 10
STMA Ice Arena Board, 6:00 p.m.
June 11
Planning Commission, 7:00 p.m.
June 17
City Council, 7:00 p.m.
June 24
Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
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Albertville
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ALBERTVILLE CITY COUNCIL
Monday, April 15, 2019
DRAFT MINUTES
ALBERTVILLE CITY HALL
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:02 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Councilmembers, Halling, Olson and Vetsch
Absent: Councilmember Cocking
7:00 PM
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner
Alan Brixius, Finance Director Tina Lannes, and City Clerk Kimberly Hodena
Others Present: Commissioner Michael Potter, Laurie Summerland, Sheriff Deringer, Andy Berg
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS
Sheriff Deringer reported things were off to a swift start his first year and let Council know he was
available should they have any questions.
Commissioner Potter reported on an upgrade to the government center. He stated that new
construction was at the highest it has ever been. He also reported that the county board is focusing
on long range planning so that they do not need to have a large double digit increase in the future as
they had to do this year. He stated this year's large increase stems from unfunded mandates,
personnel increases and work needed on ditches. Vetsch inquired about the nuclear plant and how
that affects taxes. Potter stated that the permit for the plant expires in 2030. If it is not renewed,
which most are not, it will be a significant loss of tax revenue to the county and the board is already
looking to address that. Hendrickson inquired if the county is prepared in terms of staff as the
county grows. Potter replied they are about 20 positions down, but those would need to be phased
in over time.
A. 2018 Audit Presentation
Andy Berg from ABDO was present at the meeting. Berg reported their firm gave a modified, or
clean, opinion. He reported that there is still the finding regarding segregation of duties, but that is
common for a city of this size and number of employees. He stated last year there was a finding
regarding card credit receipts but that has now been corrected, so it has been removed.
Berg reported permits and licenses were up for 2018.
Page 1
Agenda Page 4
Nafstad inquired if Andy had any concerns with the money in the Revolving Loan Fund not being
utilized and Berg reported he had none. Couri explained there are very specific kinds of uses that
the money can be used for based on federal restrictions. Halling inquired what it could not be used
on and Couri explained that it would be retail or service uses. He stated the original funds came the
from Department of Employment and Economic Development and is geared towards manufacturing
and job creation.
Berg reviewed the enterprise funds. He reported the water fund did not generate enough cash to
cover operations. However, the sewer fund does. He had no concerns with the recycling fund.
Vetsch inquired why the water fund didn't cover operation costs. Lannes replied there were two
significant watermain breaks and equipment was also purchased. Nafstad asked Berg if it was time
to do a rate study on water and sewer rates. Berg replied that could be looked at as part of the long
range planning. It would be helpful to look at projections and come up with a five to ten year plan.
Berg reported that the city is a good position with their percentage for cash flow.
4. PUBLIC FORUM
There was no one present for the forum.
5. AMENDMENTS TO THE AGENDA
Motioned by Olson, seconded by Halling, to approve the Agenda as presented. Ayes:
Hendrickson, Halting, Olson and Vetsch. Nays: None. Absent. Cocking. MOTIONDECLARED
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 April 1, 2019 regular City Council meeting minutes as presented
B. Authorize the Monday, April 15, 2019 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at City
Hall upon request
C. Approve payment to the MPCA for the Wastewater Treatment Plant permit in the amount
of $17,050
D. Approve an Intoxicating Temporary On -Sale Liquor License for the Albertville Lions Club
and Albertville Fire Department for June 5-9, 2019 for the 2019 Friendly City Days
festival for a flat fee of $100 per organization for the event
E. Adopt Resolution 2019-018 approving an Off -Site Gambling Permit for the St. Michael
American Legion for a benefit fundraiser on June 1, 2019 at the St. Albert Parish Center
F. Approve Resolution No. 2019-019 entitled a Resolution Authorizing and Documenting
Inter -Fund Loans to Fund Negative Fund balances
City Council Meeting Minutes Page 2
Regular Meeting of April 15, 2019 Agenda Page 5
G. Approve Resolution No. 2019-020 entitled Resolution to Transfer Funds
H. Accept I" Quarter Budget to Actual Report
I. Accept Accounts Receivable Report
J. Approve Resolution 2019-021 establishing a new Municipal State Aid Street Segment
K. Approve St. Michael Sewer Agreement
Motioned by Vetsch, seconded by Olson, to approve the Consent Agenda as presented. Ayes:
Hendrickson, Halling, Olson and Vetsch. Nays: None. Absent. Cocking. MOTIONDECLARED
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 Council updates.
B. Planning/Zoning
1). The Crossing Church and Outlets of Albertville Second Addition Request for
PUD Amendment
Brixius reported The Crossing Church previously received approval to locate within the Outlet Mall
earlier this year with a capacity of 300 people. It was recently discovered that occupancy above 200
people requires additional standards in terms of fire and building code. The applicant and owner are
requesting the City formally reduce the capacity back to 200 people. This would most likely result
in additional events (services).
Motioned by Halling, seconded by Olson, to Adopt Resolution number 2019-022 entitled
resolution approving a PUD amendment restricting the capacity of The Crossing Church to no
more than 200 people for any single event on Lot 1, Block I Outlets of Albertville Second
Addition located within the City of Albertville. Ayes: Hendrickson, Halling, Olson and Vetsch.
Nuys: None. Absent. Cocking. MOTIONDECLARED CARRIED.
C. Public Works/Engineering
1). Jack Brandes Single Family House Permit - 11588 Laketowne View NE
Nafstad reported that Brandes purchased a lot in Towne Lakes and has submitted a permit
application to build a home. Nafstad explained the permit application has not been approved
because it is not consistent with the development plans and proposes to locate the driveway over the
sewer and water services. The development plans for this lot have the garage on the left and the
Brandes' would like the garage to be on the right. Nafstad informed the council that Mr. Brandes
would like the city council to allow the change. Nafstad also discussed circumstances where the city
would approve placing a driveway over the service set, but this wasn't one of them and didn't
believe doing so would be in the best interest of the city.
Brandes stated he had the house designed and the lot staked and when he went to pull the permit, he
was informed the house needed to be flipped. He stated this would cause him to have the plans
City Council Meeting Minutes Page 3
Regular Meeting of April 15, 2019 Agenda Page 6
redesigned and the added survey related expense. Brandes showed a graphic identifying multiple
houses that were not consistent with the development plan and one showing the service in the middle
of the driveway. Brandes stated that he would be responsible if the driveway would need to be
repaired.
There was discussion on the ownership and responsibility of the services and Nafstad clarified the
city is responsible for the water service from the watemain to and including the curb stop. Vetsch
inquired if there could be an assessment or escrow option. Brandes thought the cost for the driveway
he is putting in would be $3,500 and would be willing to put that amount in escrow. Couri
commented that an escrow or assessment agreement would be difficult to track so it could be used
for that property in the future.
Brandes inquired if the service could be moved. Vetsch felt that they need to be consistent with the
Joint Powers Water Board and Nafstad stated that is not desired as it would require open cutting of
the street.
Halling questioned if the city requirements are made clear to applicants. Nafstad commented that
Brandes' surveyor was provided with the approved development plans. Hendrickson inquired if
Brandes could be reimbursed for the cost of the original staking and Couri stated it could be a
possibility.
Olson stated that he will defer to the city's engineer.
Mayor Hendrickson looked for a motion from Council to approve his request, and given none,
thanked Mr. Brandes for coming.
D. Fire —None
E. Finance — None
F. City Clerk — None
G. Building —None
H. Legal —None
I. Administration
1). City Administrator's Update
Lannes reported there are currently no loans from the SAC fund, which has not happened in several
years. Prairie Run lots have all been paid back.
Nafstad reported that staff is meeting with a multi -tenant building to discuss possible zoning
changes. He also stated the Council will be seeing a concept plan for the Heuring Meadows property
soon. Olson inquired if it would be a PUD and Brixius reported it would but would need to be
rezoned first. He stated it also entailed a private street in the PUD. Vetsch indicated he was not
supportive of the concept the Council previously heard. Halling inquired about the current vision for
City Council Meeting Minutes Page 4
Regular Meeting of April 15, 2019 Agenda Page 7
that lot. Brixius explained it is guided and zoned commercial. Vetsch had concerns if the zoning is
changed for that lot what will happen to the large lot across CSAH 19 when that sells. Nafstad
inquired if this should come back before council in concept before going to the Planning
Commission. Brixius felt it should go to council at a concept level before a formal development
application and fees are submitted.
9. Announcements and/or Upcoming Meetings
April 22 Parks/Centennial Planning Committee, 7:00 p.m.
April 29 Joint Governance Meeting, 6:45 p.m.
May 6 City Council, 7:00 p.m.
May 13
STMA Ice Arena Board, 6; p.m.
May 14
Planning Commission, 7:00 p.m.
May 17
Explore Your Parks Night, 7:00 p.m.
May 20
City Council, 7:00 p.m.
May 27
City Offices Closed, Memorial Day
May 28
Parks/Centennial Committee, 7:00 p.m.
10. ADJOURNMENT
Motioned by Vetsch, seconded by Olson, to adjourn the meeting at 9:16p.m. Ayes: Hendrickson,
Halling, Olson and Vetsch. Nays: None. Absent: Cocking. MOTIONDECLARED CARRIED.
Respectfully submitted,
Kimberly A. Hodena, City Clerk
City Council Meeting Minutes Page 5
Regular Meeting of April 15, 2019 Agenda Page 8
A�,Ibcrtvillci
CITY OF ALBERTVILLE
LOCAL BOARD OF APPEAL AND EQUALIZATION
CITY HALL — COUNCIL CHAMBERS
April 15, 2019
DRAFT MINUTES
ROLL CALL
PRESENT: Board members Jillian Hendrickson, Rebecca Halling, Rob Olson and John Vetsch
ABSENT: Board member Aaron Cocking
STAFF PRESENT: City Administrator-PWD Adam Nafstad, City Clerk Kimberly Hodena,
Finance Director Tina Lannes, Albertville Appraiser Brice Nelson, Wright County Assessor
Tony Rasmuson and Appraiser Wally Peterson
OTHERS PRESENT: Wendy Merila, Commissioner Michael Potter
Hendrickson called the meeting to order at 6:30 p.m.
ASSESSOR'S OPENING STATEMENT
Nelson reported that the goal of the Local Board of Appeal and Equalization is to review the
2019 assessment for taxes due and payable in 2020. The board does not have the authority to
open any prior year's assessment for taxes due and payable in 2019. The board also does not
have the authority to grant an exemption or to order property to be removed from the tax rolls.
Nelson indicated at least a quorum of the board must be present at the meeting with at least one
trained and certified member. He also indicated State law requires the assessor to value property
at 100% market value; however Minnesota Statute allows the assessor to value within a range of
90% to 105% of market value.
Rasmuson reported that these are the highest they have seen in the county and a lot of work went
into this assessment period. Nelson reviewed the definition of market value, indicating that
foreclosures are not included. He stated that two story houses are coming back and Albertville
had 24 new construction permits. Nelson reported that their office received a total of eight calls
from Albertville residents and he has only one recommended valuation change.
Rasmuson reported that across the county the biggest increase was to industrial properties.
Apartments increased over 10% and retail increased 3%.
Nelson reported that the one recommended change is for 7080 691h Circle NE to reduce valuation
from $381,900 to $362,900.
Agen"gage 9
City of Albertville Meeting Minutes
Local Board of Appeal and Equalization
April 15, 2019
Page 2 of 2
Motioned by Olson, seconded by Halting, to reduce the valuation for 7070 69`h Circle NE to
$362,900. Ayes: Hendrickson, Halting, Olson and Vetsch. Nays: None. Absent: Cocking.
MOTION DECLARED CARRIED.
Motioned by Hendrickson, seconded by Olson, to open the public hearing. Ayes:
Hendrickson, Halling, Olson and Vetsch. Nays: None. Absent. Cocking. MOTION
DECLARED CARRIED.
Hendrickson called for public comment. Merila inquired about her property, 11701 541h Street
NE, and why the value continues to increase. Nelson explained that he placed a median value of
89% which is lower than the 95% they aim for and it also depends on comparative sales. Nelson
stated that the increase is 5.39% for Merila's property.
Potter reported that the Wright County Board of Commissioners has made concerted efforts to
inform the public about the valuation hearings through the website, a letter in the paper and other
means.
Motioned by Hendrickson, seconded by Olson, to close the public hearing. Ayes:
Hendrickson, Halting, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION
DECLARED CARRIED.
Motioned by Vetsch, seconded by Hendrickson, to adjourn the meeting at 6:59 p.m. Ayes:
Hendrickson, Halting, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION
DECLARED CARRIED.
Respectfully submitted,
Kimberly A. Hodena, City Clerk
Agenda Page 10
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Monday, April 29, 2019 @ 6:45p.m.
Albertville City Hall
JOINT MEETING DRAFT MINUTES
1. Welcome — Mayor Jillian Hendrickson
Mayor Hendrickson called the meeting to order at 6:48 p.m. and welcome the group to the meeting.
2. Introductions
Introductions were made around the room and the following were present: Jillian Hendrickson,
Aaron Cocking, Rebecca Halling, Rob Olson, Adam Nafstad, Eric Bullen, Grant Fitch, Kim Hodena,
Aaron Brom, Mike Potter, Kevin Kasel, Nadine Schoen, Ryan Gleason, Keith Wettschrek, Joe
Hagerty, Marc Weigle, Steve Bot, Drew Scherber, Carol Steffens, Larry Sorensen, Tim Lewis,
Hollee Saville, Kari Dwinnell, Ann Marie Foucault.
3. Set Agenda
Motioned by Cocking, seconded by Schoen, to approve the agenda as presented. Ayes: All. Nays:
None. MOTIONDECLARED CARRIED
4. St. Michael Construction & Development
Weigle gave a presentation on development within St. Michael. He reported that housing permits are
increasing from the downturn. Weigle reviewed recent development activity as well as future
anticipated projects.
Weigle described the sewer limitations they have for one development and agreement between the
cities of Albertville and St. Michael to address those needs. Saville inquired if Jamison Avenue will
go all the way through and Weigle stated that eventually it would. Potter reported that Jamison
Avenue is slated to eventually be a county road at some point.
Weigle provided an update on commercial development. Dairy Queen is planning to reconstruct
their building since the fire and since it is one of the top stores in the state, they are designing a very
nice building. Kasel reported that Dairy Queen committed to finding jobs for the St. Michael
employees at other stores so they could remain employed and they could keep the team together once
the build is complete. Community Development Bank will be expanding their building. Weigle
reported they have three churches coming into town.
Weigle reported that part of the I-94 improvements will include work at the 241/1-94 interchange.
Steffens inquired if efforts are being made to bring in commercial and industrial businesses to help
with the tax base. Weigle replied that St. Michael has more commercial land than industrial and
Kasel stated the problem lies with finding willing sellers that have land.
Agenda Page 11
5. Albertville Construction & Development
Nafstad stated Albertville will be holding a 100-year anniversary event this fall. He asked the group
to reserve the date of Saturday, September 21, 2019 as the city will be holding a daylong celebration
event. They have many activities planned and encouraged anyone that wishes to volunteer to
participate in the planning process.
Nafstad reported that Albertville has had three new housing developments with approximately 125
new homes. However, he did point out that all the homes are within the Elk River school district
rather than STMA. He reported that Kwik Trip was approved to build in the northeast corner of I-94
and CSAH 19 intersection. The city also approved a new therapy building along CSAH 19, Sunny
Days Therapy.
In terms of the STMA Arena, Nafstad reported that the board approved rate increases to counter a
budget shortfall due to large utility bills and unexpected costs. The arena purchased a new ice re -
surfacer that is electric and will have no emissions. He stated that in order to connect the original ice
sheet to the new ice sheet, they had to open up the pipes underneath and found that they needed to be
cleaned. Kasel stated that the cost is approximately $18,000 but it should be done before connection
otherwise it will push the sludge into the new system. Foucault stated that she spoke with the
engineer and they recommended it be done or it would cause failure to the new system eventually.
Kasel asked the group if there were objections and stated funds most likely would come from capital.
Foucault stated they really couldn't wait for the next arena board meeting. The group was in
agreement that it was needed.
Nafstad reported that there is a request to put an ATM with signage opportunities in the new ice area.
Saville asked if revenue would go to the Arena Board and Nafstad confirmed it would come in as
revenue for the board's budget. Steffens would like to make sure the signage conforms to the
board's policies.
Nafstad reviewed the improvements that would be made to CSAH 19 and CSAH 38 (701h Street NE).
He described the improvements to the Wastewater Treatment Plant that are required by the MPCA
and the plan the city has to address it.
6. Other Updates
There were no other updates.
7. Adjourn
Motioned by Saville, seconded by Dwinnell, to adjourn the meeting at 7.•36 p.m. Ayes: All. Nays:
None. MOTIONDECLARED CARRIED.
Agenda Page 12
NIbertville
CITY COUNCIL WORKSHOP
CITY HALL - COUNCIL CHAMBERS
Monday, April 29, 2019
DRAFT MINUTES
1. Call To Order
Mayor Hendrickson called the meeting to order at 7:53 p.m.
Present: Mayor Hendrickson and Council members Cocking, Halling, Olson and Vetsch
Absent: None
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, Fire
Chief Eric Bullen, City Planner Alan Brixius, and City Clerk Kimberly Hodena
Others Present: Henry Hansen, Noah Larson, and Scott Dahlke of Doug A. Carlson,
Inc., County Commissioner Mike Potter, Planning Commissioner Walter Hudson
2. Heuring Meadows High Density Residential Plan
Brixius reported the 11 acre lot along the west side of CSAH 19 and north of 53'd Street NE is
currently guided and zoned commercial 132. The previous concept had three apartment
buildings with quadraminiums. The concept plan proposes 160 apartments in the two
buildings, 20 quadraminium units a six unit townhome and a commercial lot for a 12,000
square foot daycare facility. The units will all be market rate rental units. Brixius explained
that the applicant is seeking Council feedback on this concept prior to creating detailed
development plans and submitting formal application; this will save the applicant significant
plan and application fees should the concept be rejected. Brixius further explained that the
concept is in conflict with the current land use plan and would require a comprehensive plan
amendment, rezoning, preliminary and final plat, and planned unit development (PUD)
concept.
Brixius detailed the access to the site, stating a traffic study would be required to identify
needed traffic controls. The applicant provided a narrative detailing the concerns previously
expressed regarding the apartments. Brixius stated that concerns from last year also included
traffic, renter vetting, and amenities.
Vetch inquired about green space for older children rather than only playground equipment for
younger children. Brixius reported that there is limited greenspace in the concept that would
not accommodate a large soccer field, etc. and Nafstad did state the concept would bring
significant park dedication funds. Vetsch also felt the city wouldn't be flush with profit from
this development and they need to be careful when considering the concept. He also had
concerns with the rental units generating additional calls for law enforcement. Hendrickson
Agenda Page 13
inquired about green space for the daycare and Hansen replied the play area would be fenced
in. She felt the quadraminiums are a good buffer to the neighborhood to the west. She wants
to be sure that parking regulations are enforced. Cocking asked if there will be covenants put
in place or if that makes it less marketable. Hansen felt they could control regulations through
the lease agreements and the leases provide more control to correct issues.
Cocking stated he is concerned about future owners and if the buildings become deteriorated
and no longer fit with the vision plan. He was also concerned with removing a prime piece of
land for commercial use. Even if the Council is on board with the concept, he sees that it could
be a concern in the future. Hansen replied it is mostly long term holding companies that own
these. He also indicated that market rate apartments require underground parking. Cocking
inquired if there really is a demand for that type of housing and Hansen replied there most
definitely is. He stated people are having a hard time finding apartments they find desirable.
Surrounding cities have built a couple of recent buildings and they are at 100% occupancy.
However, there isn't much in STMA and people want to live where there are good schools. He
also stated that younger families don't want a traditional home and would rather not have
maintenance to do. Hansen also felt the concept will help the local businesses. Other benefits
include a larger tax base, park dedication and payment of SAC/WAC fees. He felt the concept
is a good compromise with fulfilling housing needs and retain some commercial use on the
site. Hendrickson stated that businesses have expressed their desire for more housing for their
workers.
Nafstad inquired if the city can influence the management style in the development agreement.
Couri reported they may be able to but would need to be careful about violating any
constitutional rights.
Larson reported what they are seeing is that renters are renting by choice rather than necessity
and they put amenities in to keep renters at the property.
Nafstad stated he expects there to be many public comments from the neighborhood to the
west. Cocking inquired about a buffer/barrier between the single family dwellings and the
proposed concept. Hansen replied that there is an existing berm with trees and they could
possibly add to that; he would not want to see it taken down in order to put in a fence.
Halling inquired about the quality of materials, if it will be similar to the Cottages of Towne
Lakes. Hansen replied that wood floors are not conducive to rental, but they could do marble
countertops and similar exterior materials. Halling inquired about the green space and if there
will be a pool. Hansen stated they would hope for a pool and most renters prefer an indoor
pool. Hendrickson wanted to be sure there was adequate underground parking. Brixius stated
the anticipated number of cars would be two per unit, with one underground stall and one
outdoor stall.
Hudson stated he was glad to see a concept for the lot as it has sat vacant for quite some time.
The alternative is to let it stay vacant.
Olson expressed concerns with having daycare parizing right along CSAH 19 in such a visible
Agenda Page 14
location. He inquired if the playground could be switched to that location and parking in the
back of the building. Hansen replied the business owner had concerns with a playground right
next to a high traffic road, even though it will be fenced in. Dahlke stated the daycare
provider was concerned about errant vehicles and also wants the front of the building to be
visible as they have certain architecture used at their other location. He also reported there will
be a garden area for the Montessori school. Olson suggested then removing a third row of
parking to bring it down to two rows instead. Nafstad stated the importance of adequate play
area and Hansen stated they will also have a gym type area in the building. Hendrickson
inquired why the pond was so large and Dahlke stated that it is required.
Council felt the Planning Commission should see the concept plan and see if they are
supportive of it before making formal development application. Brixius stated it will be
brought to the next Planning Commission meeting in May.
3. Cielo Property Uses
Brixius reported staff received an inquiry about potentially allowing a cabinet shop as a light
industrial use at the location. He stated it is currently zoned B3 and inquired if Council has
any interest in allowing that use. Vetsch stated he was not opposed and would consider it.
Cocking had some concerns as that is an entrance into a large neighborhood and if there would
be odors, noises, etc. Bullen stated the building is already sprinkled. Nafstad reported staff
has had a good number of inquiries on that lot for many types of uses.
4. LMC Conference, June 26-28
Nafstad inquired any of the Council was interested in attending. Halling was interested as well
as Hendrickson but could only attend June 26-27.
5. LGN D.C. Fly -In, July 24-25
Cocking would like to see the I-94 Coalition take the lead on lobbying efforts and Nafstad
replied 2019 is a transition year and hopefully that will be the case next year. Cocking felt July
is not an appropriate time to go to D.C. and they should wait until September. Nafstad will get
back to the group.
6. Adjournment
Motioned by Hendrickson, seconded by Olson, to adjourn the meeting at 9:22 p.m. Ayes:
Hendrickson, Cocking, Halling, Olson and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Respectfully submitted,
Kimberly A. Hodena, City Clerk
Agenda Page 15
A\1bertville Mayor and Council Request for Action
Smolt LWing. Big Ufs.
May 2, 2019
SUBJECT: CONSENT - FINANCE— PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, May 6, 2019 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 ExpensesNendors (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 deten-nines to dispute the billing.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment: List of Claims (under separate cover)
P:ACity Council\Council Packet Information\2019\052019\2019-05-06 Finance Bills Report (RCA).docx
Meeting Date: May 6, 2019
16
A\1bertville Mayor and Council Request for Action
Smolt LWing. Big Ufs.
May 16, 2019
SUBJECT: CONSENT - FINANCE— PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, May 20, 2019 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 ExpensesNendors (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 deten-nines to dispute the billing.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment: List of Claims (under separate cover)
P:ACity Council\Council Packet Information\2019\052019\2019-05-20 Finance Bills Report (RCA).docx
Meeting Date: May 20, 2019
17
A\1bertville Mayor and Council Request for Action
Smolt LWing. Big ufs.
May 15, 2019
SUBJECT: CONSENT — CITY CLERK — KNIGHTS OF COLUMBUS AND ALBERTVILLE FOXTAILS
SNOWMOBILE CLUB TEMPORARY LIQUOR LICENSES
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Approve an Intoxicating Temporary On -Sale Liquor License for the Knights of
Columbus Council #4174 and the Foxtails Snowmobile Club for June 7-9, 2019 for the 2019
Friendly City Days festival for a flat fee of $100 per organization for the event.
BACKGROUND: The Knights of Columbus and Foxtailers Snowmobile Club have submitted
applications for an Intoxication Temporary On -Sale Liquor License for the annual Albertville
Friendly City Days (AFCD) festival.
KEY ISSUES:
The Knights of Columbus and Foxtailers have submitted the correct applications for the
liquor licenses.
They will submit the appropriate liquor liability coverage after license approval, but prior
to the event.
There will be four organizations serving liquor from June 6 to June 9. The Albertville
Relief Association will be doing Craft Beer Tasting on June 6. The other three
organizations will be serving June7-9. Normally the fee is $100 per day per licensee
which would be $100 for the Relief Association and $300-400 for the other three
organizations. The organizations are requesting that each organization pay a flat $100 fee
per organization of the event.
FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the
applicant for the liquor licensing.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and
approve or deny any liquor license.
Responsible Person/Department: Kimberly Hodena, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments: Liquor License Application
P:ACity Council\Council Packet Information\2019\052019\2019-05-20 AFCD Liquor Licenses.docx
18
Meeting Date May 20, 2019
MINm ESOTA NVPAPTMCNT OF VU91AC SAYFTY.
11
Name of orqanization
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
445 Minnesota Street, Suite 222, St. Paul, MN 55101
651-201-7500 Fax 651 297-5259 TTY 651-282-6555
APPLICATION AND PERMIT FOR A 1 DAY
TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE
Address
r -V� cb, l�
Name of person makinq application
Date(s) of event
Date organized Tax exempt number
City State Zip Code
Minnesota
Business phone Home phone
M
Type of organization
-ff"? 0 Club PlCharitable 0 Religious other non-profit
Organization officer's name . City State Zip Code
�Ci Minnesota 15fF al
Organization officer's name
5,
Organization o icer's name
IV VCi (e.—I L)
Organization officer's pame
Location where permit will be used. if an outdoor area, describe.) q �,- (� jj Pg,-r r
City State Zip Code
->—t - //�� Minnesota
City State Zip Code
f Minnesota
City State Zip Code
Minnesota
If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service.
If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage.
APPROVAL /
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT
City or County approving the license
g
nt
Date Fee Paid
Date Approved
Permit Date --
City or County E-mail Address
City or County Phone Number
Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement
CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event.
ONE SUBMISSION PER EMAIL, APPLICATION ONLY.
PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVAL$ WILL BE SENT
BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITYICOUNTY TO AGE.TEMPORARYAPPLICATION STATE.MN.US
Agenda Page 19
S
(JlftaNrsO7P�C.�`�tthfBkT ¢� Pusstr�floskiiY`
i
Name of
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
445 Minnesota Street, Suite 222, St. Paul, MN 55101
651-201-7500 Fax 651-297-5259 TTY 651-282-6555
APPLICATION AND PERMIT FOR A 1 DAY
TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE
Date organized Tax exempt number
Address _ City State fZip Code l
Minnesota
Name of person making application Business phone Nome phone
....... -
Date(s) of event Type of organization
— �-!---------------.._.-._ __---__—_i-, Club Charitable [-] Religious ,Jther non profit
Organization officer's name City State Zip Code
_ �Mlnnesota _ I
Organization officer's name City State Zip Code
Minnesota
Organization officer's name City State _ Zip Code
-- 5_'-'+TICIA
_-(fi �rj Minnesota
Organization officer's name City State Zip Code
_—� ',Minnesota
Location where pern)4 will be used. If an utdo f area, describe.
k Qc `(Ie Ce"4-r-c4 i( .P,P k
If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service.
34 e o QkR_ (Se&t- d . lam' ce �o /► s c�oz
If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage.
Z4VSP-A,_) 1kV,5( _aAJ
APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO Ai COHOL AND GAMBLING ENFORCEMENT
f C ly of County approving the licems_
Fee Amount
Date Fee Paid
Date Approved
----Permi[llate------- �-
City or County E.-rnai# Address
— City or County Phone Nu-iiiber ..
Signature City Cleric or County Uffcial Approved Director Alcohol and Gambling Enforcement
i3iriq)'IL,", r,;rn'W;,.:ohui:!nii[: t7i€!yc;Ciii..'st•en('riDivkk,n'.::7tJ.,�, rJ('?
ONE SUBMISSION' P R CNiAlt.., APPLICATION ONLY.
f'l.r:t1`3C FSRCitIICtE: A ttflt.ID F.-i4�;i1. AIST�I3fiS5 Ft.3R �if-1F.. %"I-f'�'If:C}i_tI�1�Y 1tS l'�I.I.'f1=M('i)RI4k't' I'C:fdMl lI�r'I'kGk'iaL'.� 1jJit.I.. r�l: t;LP�T
BACK VIA ENtAIL. !--NIAli. THE APPLICATION SIGNI D BY (AlWCOUNTY 1'0 AGE.T'PPYFC7RARYA;lS IL.)C:ATi N,a,51-A'i F.,fAN.U5
Agenda Page 20
A\1bertville Mayor and Council Request for Action
Smolt LWing. Big Ufs.
May 15, 2019
SUBJECT: CONSENT — CITY CLERK — AMERICAN LEGION POST 567 TEMPORARY ON -SALE
INTOXICATING LIQUOR LICENSE
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Approve an Intoxicating Temporary On -Sale Liquor License for the American
Legion Post 567, DBA Liberty Restaurant Bar, for June 1, 2019 for a fundraising benefit for the
Dehn family.
BACKGROUND: American Legion Post 567 has submitted an application for an Intoxicating
Temporary On -Sale Liquor License for the benefit. The event will take place at the St. Albert
Parish Center located at l l 458 57th Street NE.
KEY ISSUES:
• The Legion has submitted the correct application for the liquor licenses.
• They will submit the appropriate liquor liability coverage after license approval, but prior
to the event.
FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the
applicant for the liquor licensing.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and
approve or deny any liquor license.
Responsible Person/Department: Kimberly Hodena, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments: Liquor License Application
P:ACity Council\Council Packet Information\2019\052019\2019-05-20 Dehn Benefit Liquor License.docx
21
Meeting Date May 20, 2019
C.... DEPARTMENT OF PUBLIC SAFETY I
Name of organization
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
445 Minnesota Street, Suite 222, St. Paul, MN 55101
651-201-7500 Fax 651-297-5259 TTY 651-282-6555
APPLICATION AND PERMIT FOR A 1 DAY
TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE
W mentor Oc4 L-)Lci n" ' 12c�,!vi ,>I
Address -
'en ti
Date organized Tax exempt number
State Zip Cade
IC rlL i M N `J 5 3 7
Name of person making application Business phone Home phone
'cam C \ DG hAl
Date(s) of event Type of organization ❑ Microdistillery ❑ Small Brewer
V CC7C1 �, Li — C tq ❑ Club 'Charitable ❑ Religious ❑ Other non-profit
Organization officer' name City State Zip Code
MN
Organization officer's name City State Zip Code
MN
Organization officer's name City State Zip Code
MN
Organization officer's name City State Zip Code
MN
ication where permit will be used. If an outdoor area, describe.
If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service.
> > `cam ,4kA `�CS.� 4 ` tit x a 1 C-f. r`a+` 3 "IC'l
as
C-A- M\U -4_\-\ vx—yl ' 7 37U
If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage,
APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT
City or County approving the license
Fee Amount
Date Fee Paid
Date Ap
ermit Date
City or County E-mail Address
City or County Phone Number
Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement
ERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event.
ONE SUBMISSION PER EMAIL, APPLICATION ONLY.
PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT
BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLI.CATIONccbSTATE.MN.US
Agenda Page 22
NlS all T _IIj LM QVBjg' � �£ Mayor and Council Request for Action
berty�
May 15, 2019
SUBJECT: CONSENT- CITY CLERK- CHURCH OF ST. ALBERT LAWFUL GAMBLING
PERMIT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve the Church of St. Albert Lawful Gambling Exempt Permit Application
for the annual Parish Festival that will be held on September 15, 2019 at the St. Albert Parish
Center.
BACKGROUND: The Church of St. Albert has submitted a Lawful Gambling Permit for their
Parish Festival in the fall. The Church of St. Albert is a non-profit, religious organization that
holds fund-raising events throughout the year. Their application for lawful gambling will allow
them to conduct bingo, raffles, paddlewheels, pull tabs, and tip boards at the festival. The Parish
Festival will be held on September 15, 2019 at the St. Albert Parish Center, located at 11458 57th
Street NE.
KEY ISSUES:
The Church of St. Albert is a qualifying non-profit organization.
The Parish Festival is an annual fund-raising event for the church.
The Minnesota Gambling Control Board ultimately issues this type of license, but
requires City approval prior to issuing the license.
FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant
for the gambling permit.
LEGAL CONSIDERATIONS: It is the City's policy to review and approve or deny gambling
permit applications for gambling activity within the City.
Responsible Person/Department: Kimberly A. Hodena, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments: Church of St. Albert Letter
Application for Lawful Gambling Permit
P:ACity Council\Council Packet Information\2019\052019\2019-05-20 St. Albert's Gambling Permitdocx
Meeting Date: May 20, 2019
23
urch of St. Albert
The Catholic Church In the Heart of Albertville
11400 57th Street NE I P O Box 127 1 Albertville, MN 55301
Phone: 763-497-2474 1 Fax: 763-497-7678
Email: stalbertmn@gmall.com I Website: www.churchofstalbert.org
May 15, 2019
City of Albertville,
Please place our application for an Exempt Permit to have lawful gambling
at our Parish Festival, scheduled for September 15, 2019 on the agenda
for approval at the next City Council meeting on Monday, May 20, 2019.
If you have any questions, please contact Greg Gacioch, Business Administrator at
763-497-2474.
Thank you.
Agenda Page 24
MINNESOTA LAWFUL GAMBLING
LG220 Application for Exempt Permit
11/17
Page 1 of 2
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that: Applications are processed in the order received. If the application
• conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the
• awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $1.50.
year.
If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of
$1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
Organization Previous Gambling
Name: Church of St. Albert Permit Number: X-00752-18-012
Minnesota Tax ID Federal Employer ID
Number, if any: 9270004 Number (FEIN), if any: 41-0850708
Mailing Address: 11400 57th Street NE - PO Box 127
City: Albertville State: MN zip: 55301 County: Wright
Name of Chief Executive Officer (CEO); Father Peter M. Richards
CEO Daytime Phone: 763-497-2474 CEO Email: stalbertmn@gmail.com
(permit will be emailed to this email address unless otherwise indicated below)
Email permit to (if other than the CEO):
NONPROFIT STATUS
Type of Nonprofit Organization (check one):
= Fraternal 2] Religious Veterans Other Nonprofit Organization
Attach a copy of one of the following showing proof of nonprofit status:
(DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
See The Official Catholic Directory
❑ A current calendar year Certificate of Good Standing
Don't have a copy? Obtain this certificate from:
MN Secretary of State, Business Services Division Secretary of State website, phone numbers:
60 Empire Drive, Suite 100 www.sos.state.mn.us
St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767
❑ IRS income tax exemption (501(c)) letter in your organization's name
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the
IRS toll free at 1-877-829-5500.
❑ IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted
(for raffles, list the site where the drawing will take place): St, Albert Parish Center
Physical Address (do not use P.O. box): 11458 57th Street NE
Check one:
0 City: Albertville zip: 55301 County: Wright
Township: Zip: County:
Date(s) of activity (for raffles, indicate the date of the drawing): September 15 2019
Check each type of gambling activity that your organization will conduct:
Bingo El Paddlewheels 7-1 � Pull -Tabs F 7vTipboards Raffle
Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained
from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection
devices may be borrowed from another organization autAtfshr�g prwwct ng0. To find a licensed distributor, go to
www.mn.gov/gcb and click on Distributors under the ist of Lice sees tab, or call 651-539-1900.
11/17
LG220 Application for Exempt Permit Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to
the Minnesota Gambling Control Board)
CITY APPROVAL
for a gambling premises
located within city limits
The application is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting
period, and allows the Board to issue a permit after 30 days
(60 days for a 1st class city).
The application is denied.
Print City Name:
Signature of City Personnel:
Title:
Date:
The city or county must sign before
submitting application to the
Gambling Control Board.
COUNTY APPROVAL
for a gambling premises
located in a township
he application is acknowledged with no waiting period.
he application is acknowledged with a 30-day waiting
period, and allows the Board to issue a permit after
30 days.
❑T'he application is denied.
Print County Name:
Signature of County Personnel:
Title:
Date:
TOWNSHIP (if required by the county)
On behalf of the township, I acknowledge that the organization
is applying for exempted gambling activity within the township
limits. (A township has no statutory authority to approve or
deny an application, per Minn. Statutes, section 349.213.)
Print Township Name:
Signature of Township Officer:
Title:
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
Date:
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned to the Boar ithin 30 days of the eve date.
.- s+_ i
Chief Executive Officer's Signature: �' / """ �� ��� Date: S --�
(Signature must be CE0'A signs re; designee may not sign)
Print Name:
Fr. Peter M. Richards
REQUIREMENTS I MAIL APPLICATION AND ATTACHMENTS
Complete a separate application for: Mail application with:
• all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and
• all gambling conducted on one day.
Only one application is required if one or more raffle drawings are
conducted on the same day.
Financial report to be completed within 30 days after the
gambling activity is done:
A financial report form will be mailed with your permit. Complete
and return the financial report form to the Gambling Control
Board.
Your organization must keep all exempt records and reports for
3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)).
application fee (non-refundable). If the application is
postmarked or received 30 days or more before the event,
the application fee is $100; otherwise the fee is $150.
Make check payable to State of Minnesota.
To: Minnesota Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Questions?
Call the Licensing Section of the Gambling Control Board at
651-539-1900.
Data privacy notice: The information requested
application. Your organization's name and
ment of Public Safety; Attorney General;
on this form (and any attachments) will be used
address will be public information when received
Commissioners of Administration, Minnesota
by the Gambling Control Board (Board) to
by the Board. All other information provided will
Management & Budget, and Revenue; Legislative
determine your organization's qualifications to
be private data about your organization until the
Auditor, national and international gambling
be involved in lawful gambling activities in
Board issues the permit. When the Board issues
regulatory agencies; anyone pursuant to court
Minnesota. Your organization has the right to
the permit, all information provided will become
order; other individuals and agencies specifically
refuse to supply the information; however, if
public. If the Board does not issue a permit, all
authorized by state or federal law to have access
your organization refuses to supply this
information provided remains private, with the
to the information; individuals and agencies for
information, the Board may not be able to
exception of your organization's name and
which law or legal order authorizes a new use or
determine your organization's qualifications and,
address which will remain public, Private data
sharing of information after this notice was
as a consequence, may refuse to issue a permit.
about your organization are available to Board
given; and anyone with your written consent.
If your organization supplies the information
members, Board staff whose work requires
requested, the Board will be able to process the
access to the information; Minnesota's Depart -
This form will be made available intr��iyg fqa� j(.eA�rge print, braille) upon request.
An equal opportunity employer
>,lb-crtville
Soul Town uNng. W9 City We. Mayor and Council Request for Action
May 16, 2019
SUBJECT: CONSENT - CITY CLERK— OFF -SITE GAMBLING PERMIT FOR STMA YOUTH
HOCKEY ASSOCIATION
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution 2019-023 approving an Off -Site Gambling Permit for the
STMA Youth Hockey Association for Albertville Friendly City Days on June 8, 2019.
BACKGROUND: The STMA Youth Hockey Association has submitted an application for an
Off -Site Gambling Permit for Albertville Friendly City Days (AFCD), located at the St. Albert
Parish Center, 11400 57th Street NE, on Saturday, June 8, 2019. This is a fundraising event for
youth hockey program.
KEY ISSUES:
A resolution to approve the Off -Site Gambling Permit for the STMA Youth Hockey
Association is attached. Local governing board approval is required prior to submitting
the application to MN AGED.
This is a permit for a one-time off premise event.
The type of gambling to be conducted is bingo.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the
authority to either approve or deny any gambling license application received by the City.
Responsible Person - Department: Kimberly A. Hodena, City Clerk
Submitted Through: Adam Nafstad, City Administrator — PWD
Attachments: Resolution 2019-023
LG230 Gambling Application
P:\City Council\Council Packet Information\2019\052019\2019-05-20 STMA YHA Off Premise Gambling.docx
Meeting Date: May 20, 2019
27
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2019-023
A RESOLUTION APPROVING AN OFF -SITE GAMBLING
PERMIT FOR THE STMA YOUTH HOCKEY ASSOCIATION TO CONDUCT
OFF -SITE GAMBLING
WHEREAS, the STMA Youth Hockey Association has submitted an application for an
Off -Site Gambling Permit to conduct lawful gambling activities within the City of Albertville,
Minnesota, and,
WHEREAS, the purpose of the lawful gambling is fundraising for the youth hockey
program, and,
WHEREAS, the lawful gambling will be bingo on June 8, 2019 at the St. Albert Parish
Center, located at 11458 57th Street NE, in Albertville, MN and,
WHEREAS, the STMA Youth Hockey Association intends to comply with all lawful
gambling rules and reporting requirements of the State of Minnesota and the City of Albertville,
and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Albertville that the Off -Site Gambling Permit for the STMA Youth Hockey Association is
hereby approved and the State Gambling Control Board is authorized to process the application.
Adopted by the Albertville City Council this 201h day of May, 2019.
ATTEST:
Kimberly A. Hodena, City Clerk
Jillian Hendrickson, Mayor
Agenda Page 28
MINNESOTA LAWFUL GAMBLING 6/15 Page 1 of 2
LG230 Application to Conduct Off -Site Gambling No Fee
ORGANIZATION INFORMATION
Organization Name: STMA YOUTH HOCKEY ASSOCIATION License Number: 03888
Address: PO BOX 134 City: ST. MICHAEL MN , MN Zip: 55376
Chief Executive Officer (CEO) Name: KARL ANDERSON Daytime Phone:
Gambling Manager Name: MONICA POTTER Daytime Phone:
GAMBLING ACTIVITY
Twelve off -site events are allowed each calendar year not to exceed a total of 36 days.
From 6 18 / 19 to _6./, 8 / 19
Check the type of games that will be conducted:
ElRaffle Pull -Tabs Bingo F]Tipboards El Paddlewheel
GAMBLING PREMISES
Name of location where gambling activity will be conducted: ST. ALBERT PARISH CENTER
Street address and
City (or township): 11400 57TH ST NE, ALBERTVILLE zip: 55301 County: WRIGHT
• Do not use a post office box.
• If no street address, write in road designations (example: 3 miles east of Hwy. 63 on County Road 42).
Does your organization own the gambling premises?
.ElYes If yes, a lease is not required.
EI]No If no, the lease agreement below must be completed, and signed by the lessor.
LEASE AGREEMENT FOR OFF -SITE ACTIVITY (a lease agreement is not required for raffles)
Rent to be paid for the leased area: $D (if none, write "0")
All obligations and agreements between the organization and the lessor are listed below or attached.
+ Any attachments must be dated and signed by both the lessor and lessee.
• This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful
gambling activities.
• Other terms, if any:
* LIABILITY INSURANCE WILL BE PAID AND PROVIDED BY THE ALBERTVILLE FRIENDLY DAYS
—� - — -
COMMITTEE. CHURCH OF ST. ALBERT IS ONLY PROVIDING SPACE AND HAS NO INVOLVEMENT WITH
OPERATION OF BINGO GAMES.
Lessor's Signature: Date: "rL3.
Print Lessor's Name: �V%840vlcl�4t� o�_� SI+i�' S 1 idik",PZ VAUV-
CONTINUE TO PAGE 2
04vWINuca ruauC &;u
LG230 Application to Conduct Off -Site Gambling
6/15 Page 2 of 2
Acknowledgment by Local Unit of Government: Approval by Resolution
CITY APPROVAL
COUNTY APPROVAL
for a gambling premises
for a gambling premises
locatedwithin city limits
located in a township
I
City Name: r
County Name:
Date Approved by City Council: �Z��� %
Date Approved by County Board:
Resolution Number:
Resolution Number:
(If none, attach meeting minutes.)
(If none, attach meeting minutes.)
Signature of City Personnel:
Signature of County Personnel:
Title: Date Signed:
Title: Date Signed:
TOWNSHIP NAME:
Complete below only if required by the county.
Local unit of government
On behalf of the township, I acknowledge that the organization is
must Sign.
applying to conduct gambling activity within the township limits.
(A township has no statutory authority to approve or deny an
application, per Minnesota Statutes 349.213, Subd. 2.)
Print Township Name:
Signature of Township Officer:
Title: Date Signed:
CHIEF EXECUTIVE OFFICER (CEO) ACKNOWLEDGMENT
The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board.
If the CEO has changed and the current CEO has not filed a LG200B Organization Officers Affidavit with the Gambling Control
Board, he or she must do so at this time.
I have read this application, and all information is true, accurate, and complete and, if applicable, agree to the lease terms as
stated in this application.
nature of CEO (must be CE gnature; designee may not sign) Date
Mail or fax to:
No attachments required.
Minnesota Gambling Control Board
Suite 300 South
Questions? Contact a Licensing Specialist at 651 539-1900.
1711 West County Road B
Roseville, MN 55113
Fax: 651-639-4032
This publication will be made available in alternative format (i.e. large print, braille) upon request.
Data privacy notice: The information requested on this form (and any If the Board does not issue a permit, all information provided remains
attachments) will be used by the Gambling Control Board (Board) to private, with the exception of your organization's name and address which
determine your organization's qualifications to be involved in lawful will remain public.
gambling activities in Minnesota. Your organization has the right to refuse
to supply the information; however, if your organization refuses to supply Private data about your organization are available to: Board members,
this information, the Board may not be able to determine your Board staff whose work requires access to the information; Minnesota's
organization's qualifications and, as a consequence, may refuse to issue a Department of Public Safety; Attorney General; commissioners of
permit. If your organization supplies the information requested, the Board Administration, Minnesota Management & Budget, and Revenue;
will be able to process your organization's application. Legislative Auditor; national and International gambling regulatory
agencies; anyone pursuant to court order; other individuals and agencies
Your organization's name and address will be public information when specifically authorized by state or federal law to have access to the
received by the Board. All other information provided will be private data information; individuals and agencies for which law or legal order
about your organization until the Board Issues the permit. When the authorizes a new use or sharing of information after this notice was given;
Board issues the permit, all information provided will become public. and anyone with your written consent.
An AgemlatPaqwr30
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4150 Olen�����orial
Telephone: 763.957.1100
MEMORANDUM:
TO: Adam Nafstad
FROM: Alan Brixius
DATE: May 16, 2019
RE: Planner's Update
FILE NO: 163.05 General
CURRENT PROJECTS:
Strangler property - 6737 LeBeaux Avenue.
Ste. 320, golden Valley, MN 55422
Website: www.nacplanning.com
Mr. Randy Stangler has submitted an application to rezone his property located at 6737
LaBeaux Avenue from B-2A, Special Business District to a PUD / B-2A. The property
exists in a nonconforming condition and has present problems related to tenant mix,
land use, site conditions and building code issues due to the age and condition of the
building. The current B-2A Special Business District limits the available uses for
building. The change of zoning is an effort to redefine the use of the site and to clean
up a number of conditions and site violations.
When this property was brought into the city it contained an industrial use. The original
zoning was 1-1 up to 1996. The light Industrial zoning was reflective of the historic use of
the building. This zoning changed to B-3, Highway Commercial in 1996. With the
development of the Shoppes at Towne Lakes east of CR 19; the commercially guided
properties north of 1-94 were then rezoned to the B-2A district in 2002. The former
zoning districts of 1-1 and B-3 for the property had lesser performance standards and a
broader range of permitted uses than the current B-2A, Special Business District.
Due to the building's nonconforming status introduction of tenants into the building has
been troublesome do to the lack of fire suppression within the building, illegal outdoor
storage, non -permitted uses and undefined parking and loading areas. The property
owner of wishes to bring PS Deck Inc. as a tenant into the site. They are a small
Agenda Page 31
cabinet finishing company, with limited number of employees and low intensity industrial
use. As an industrial use they are not permitted to be in a B-2A district. Staff working
with the property owner has outlined an option of for rezoning the site from a B-2A to a
PUD / B-2A to create a zoning district specific to this property. Through the PUD/ B-2A
the city may expand the allowed uses for the property to include the current B-2A district
uses but could also be expanded to include limited light industrial uses / warehousing
with conditions to insure their compatibility with future commercial development and to
clean up current conditions on the site.
In the past, the city has conducted similar zoning change (Federated Coop and Particle
Control) recognizing their historical uses and allowing some flexibility in their continued
use until the site becomes ripe for redevelopment. This application has been reviewed
by the planning commission at their May 14t" meeting and will be brought to council on
June 3rd
Huering Meadows High Density Residential Concept.
As directed by Council, VHF Investments LLC presented their 2019 concept plan for the
development of the site at the northwest quadrant of the C.R. 19 and 53rd street
intersection as a combination of high density apartments, quadraminiums and
townhomes and a site for a commercial day care. Through the discussion the planning
commission was polled for their opinion of the project and under what conditions this
should an application proceed ahead.
The majority of the planning commissioners opined that the proposed market rate rental
with high amenities is lacking within the city. They would be favorable to the project
pending the following items:
1. The completion of the traffic study that identifies the traffic generation, traffic
distribution from the site, and need street and intersection improvements. The traffic
study must demonstrate that the project will not create traffic congestion, safety issues
that cannot be mitigated through site design or street improvements. The impact of
traffic on the surrounding neighborhoods will influence their opinion of the project
housing type and density.
2. The project must outline the housing amenities that will distinguish this housing
project in quality and design from other rental housing in the area. The proposal is
present as higher quality housing options; the applicant must define this through a list of
amenities for the site, building and individual rental units.
3. The planning commission also request more information on the property
management and the tenant vetting process.
The minority opinion believes that the density in too high of the entire site. The
quadraminiums should be twinhomes to provide a better land use transition between the
E
Agenda Page 32
apartments and the single family neighborhoods. The traffic generation from the project
will negatively impact the surrounding neighborhoods.
Federated Coop
Federated Coop, has met with City Staff to discuss the options for adding another
10,000 gallon fuel tank to their previous approved fuel tank storage area. This tank is
intended to contain gasoline. In review of the request Building and Fire raised concern
with regard the location and proximity to adjoining land use for an above ground
gasoline storage tank. The gasoline is highly flammable and explosive and the tanks
location at the center of the city presents concerns for public safety. City Staff indicated
that to allow the tank will require an amendment to their current Planned Unit
development that would require a public hearing by the planning commission and
subsequent approval by the City Council. Staff indicated that the city will require as part
of the PUD amendment application a study from fire protection specialist that identifies
the potential risk of the tank and means for mitigating the risks.
Our Meeting with the Coop was in March. We have attempted to contact Ken Obrien of
the Coop to determine if they are going to pursue this project and if they have
undertaken the needed fire protection study. As of the time of this report we have not
heard back from Mr. Obrien.
Psyk Property
At the May 21, 2019 Staff meeting, we will be meeting with Trinity Development to
discuss the residential development of the Psyk property along 50t" street.
St. Albert Church
At the May 21, 2019 Staff meeting, we will be meeting with D.J. Kranz Co. to discuss
the potential expansion of St. Albert Church.
Lenz Property
We have received a phone call from a Mr. Russ Winslow, who interested in purchasing
the Lenz property at the northeast corner of Barthel Industrial Drive and 50t" Street. In
our discussion, I outlined the zoning and subdivision regulations applicable to this site.
I then invited him to make an appointment to meet with staff at our regular staff meeting
to allow the entire staff to assist him in outlining the parameters of a future project (i.e.
street access, site utilities, drainage and grading, subdivision options, zoning standards,
etc.)
3
Agenda Page 33
A,lbertvill£
Sine. Town llWny. ft Chy Ills. Mayor and Council Communication
May 16, 2019
SUBJECT: PLANNING - NORTHEAST ALBERTVILLE TRAILS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
No action required. The following communication outlines the trail planning for Northeastern
Albertville per the adopted 2011 Albertville trails plan.
BACKGROUND:
In 2011, the city of Albertville received a grant from Live Wright, a program of Wright County
Human Services. The grant was distributed with the intent of facilitating community
improvements to promote healthy lifestyles. Albertville used their grant in the development of
the city wide trail plan.
KEY ISSUES:
1) The first step in the trail plan was issue identification. Identifying, physical barriers,
destinations in the city and desirable trail routes.
2) The trail plan outlined trail definition and design polices for development of the city wide
trail system (On -Street Trails, Grade Separated Trails / Sidewalks, and Overland Trails).
3) The trail plan then identified existing trail /sidewalks and laid out the routes for future trails.
4) For Northeastern Albertville the following trail and sidewalk recommendations are offered.
• Sidewalks: Sidewalks have been required along all local streets in Town Lakes,
Shoppes of Towne Lakes, and Hunter Pass. The sidewalks intended to segregate
pedestrian traffic from on -street traffic. On local streets bicycle traffic shares the
local street.
• Overland Trails have been developed in Town Lake through the public parks and
accessing the common open spaces that are within the Town Lake Subdivision. The
Trail plan proposes additional overland trails along the eastern shoreline of Hunters
Lake. The City has control of this trail corridor through the Hunters Pass outlots
dedicated to the city, the city compost site, the city waste treatment site and properties
purchased for the storm water retention for the I-94 expansion. This overland trail
corridor will provide a natural trail setting along the lake.
• Grade Separated trails are proposed along CR. 19, 70th street, portions of McIver and
CR. 37 and Mackenzie Avenue. These trails will follow the major arterial and
collector streets, but will be grade separated from the roadway. The trail design and
width is intended to accommodate both bicyclist and pedestrian.
P:\City Council\Council Packet Information\2019\052019\North east Albertville trails.docx
Meeting Date: May 20, 2019
34
Mayor and Council Communication — May 20, 2019
Albertville Trail Plan — Northeast Albertville.
Page 2of 2
• Bicycle and pedestrian improvements are identified for freeway crossing as both CR.
39 and under I-94 at the CR. 19.
5) Implementation of the trail plan is as follows:
• Sidewalks and trail segments within a subdivision is the responsibility of the
developer.
• The C.R. 19 trails are included in the plans for upgrade of this street corridor.
• 70t1' Street is include in the County plans to make this street County Road 38
• McIver, Mackenzie and CR. 37 have not been schedule for improvement. The City
will likely bare the cost of trail development along these streets. The City will need
to determine the timing a priority for these trail segments.
• The Overland Trail segment will be a city project. The corridor is available; the
timing of any improvement is depended on City deterinination.
6) The trail plan for the northeast Albertville creates a hierarchy of trails and sidewalks intend
address both the transportation and recreational needs of the residents. In this regard, the
trails provide connections to major destinations within the city, but also provide comfortable
circuits for the recreational walker or bicyclist.
POLICY/PRACTICES CONSIDERATIONS: The 2011 Trails plan was adopted as part of the
City's Comprehensive plan. It has been City practice to include trails and sidewalk improvement
as part of city street improvements. On larger County Road projects the City has financed the
inclusion of trails along these major travel routes. Trail segments not linked to a street
improvement will need to be evaluated and prioritize by the City Council and incorporated into
its Capital Improvement Planning and Budget.
FINANCIAL CONSIDERATIONS: The implementation of the trail plan will be evaluated
with the City's Capital Improvement Planning. Individual trail segments will prioritize and
funded based on the City Budgeting process.
LEGAL CONSIDERATIONS: The Trail plan is part of the City's Comprehensive Plan. In its
adoption the city has made it a working document for the city.
Department/Responsible Person: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: 2011 Trail Plan Issue map.
2011 Park and Trail map - existing and proposed parks and trails.
P:\City Council\Council Packet Information\2019\052019\North east Albertville trails.docx
Meeting Date: May 20, 2019
35
All'.00,
MAC
Table of Contents
Introduction........................................................................................ 1
Issues and Opportunities....................................................................... 2
Resident Perceptions................................................................. 2
Inventory Issues....................................................................... 4
Park and Trail Planning History............................................................... 8
TrailsPlan................................................................................................ 12
Arterial and Collector Streets....................................................... 14
Minor Collectors/Local Streets ..................................................... 17
OverlandTrails......................................................................... 19
Implementation................................................................................... 22
Implementation Strategies.......................................................... 22
Funding Mechanisms................................................................. 23
List of Maps:
IssuesMap........................................................................................ 7
2011 Park and Trail Plan....................................................................... 13
Five Year Street Improvement Plan ......................................................... 24
City of Albertville Trail System Plan
Agenda Page 37
Introduction
The City of Albertville Trails Plan is intended to set forth a vision of a fully developed
trail and sidewalk system. The vision is based on the promotion of biking and walking
within the community to access local destinations, interconnect neighborhoods, and to
encourage exercise and healthy lifestyles.
The objective of this plan is to identify trail and sidewalk needs, improvements and
missing segments and outline both process and strategies for prioritizing, managing and
funding these projects within the City's capital improvement plans.
This plan is being funded through a grant received from LiveWright, a program of Wright
County Human Services, distributing the proceeds of a grant from the Statewide Health
Improvement Program (SHIP), a program of the State of Minnesota. The grants were
distributed with the intent of facilitating improvements to "healthy lifestyles." For
Albertville, the grant funds are helping the community focus on opportunities to provide
and enhance its trail system.
The Albertville trails system serves both a recreational and transportation function. In
this regard, the Trail System Plan must be coordinated with City transportation planning,
street conditions inventory, and five year street improvement plan. This will allow the
City to integrate trail and sidewalk planning and improvements within its existing system
of street repair. With all future street improvements, the City will examine the street
from right-of-way line to right-of-way line for a systematic approach to street and
sidewalk repair or improvements.
Through the proactive implementation of the plan strategies, the City of Albertville will
be able to establish a high -quality, comprehensive network of trails and sidewalks that
contribute to the quality of life within the community, promote healthy lifestyles, and
preserve and enhance the community's overall identity.
City of Albertville
Trail System Plan
Page 1
Agenda Page 38
Issues and Opportunities
The following issues and opportunities were identified through staff review and
interviews, and public outreach in the form of an open house and a Town Hall meeting.
RESIDENT PERCEPTIONS
Through an open house and a community Town Hall meeting, residents were very
complimentary of the City's trail and sidewalk system. The following observations were
offered by Albertville residents:
The trails and sidewalks contributed to the neighborhood aesthetics and value.
2. The most frequent concern related to the trail and sidewalk system is safe
pedestrian and bicycle crossing of major streets (County Roads 18 and 19).
3. The on -street trail on Barthel Industrial Drive is uncomfortable for families with
children in that the pedestrians and bicyclists share the street surface with large
industrial trucks.
4. Residents in western Albertville would like a more direct sidewalk or trail corridor
link to the new High School for their children. Currently, the Cedar Creek Golf
Course, wetlands, drainage ditch, and County Road 18 are obstacles that must
be planned around to make this trail connection.
City of Albertville
Trail System Plan
Page 2
Agenda Page 39
Issues and Opportunities
5. Most residents express the need for a complete off-street trail along County
Road 18 to connect the High School trail with the City's trail system along County
Road 18.
6. Residents in the Hunter's Pass and Towne Lakes subdivisions expressed the
desire for trail connections between the two neighborhoods, along the north side
of Hunter's Lake.
7. Neighborhoods north of 1-94 expressed the desire for trails and safe crossing of
the interstate freeway to give them access into the balance of the community.
8. There is a desire for more scenic overland trails.
City of Albertville
Trail System Plan
Page 3
Agenda Page 40
Issues and Opportunities
INVENTORY ISSUES
1. Some of the western neighborhoods (Cedar Creek, Parkside 3rd, Center Oaks)
have eight foot bituminous trails in their front yards. These bituminous trails
show signs of deterioration and patched and inconsistent surfaces when
compared to sidewalks in adjoining neighborhoods. To improve the
neighborhood appearances, establish continuity between neighborhoods and
reduce maintenance time, it is suggested that these bituminous trails
systematically be replaced with five foot concrete sidewalk.
2. Some of the trail segments in the Parkside 3rd Addition neighborhood are in very
poor condition and need repair or replacement.
3. The improvements to the 1-94 interchanges must include trails for pedestrians
and bicyclists.
City of Albertville
Trail System Plan
Page 4
Agenda Page 41
Issues and Opportunities
4. The most pressing, immediate needed trail segment is the extension of the trail
along the south side of County Road 18, between Kahl Avenue and the new
High School.
5. The City is divided by a number of physical barriers that will influence location
and design of trails and sidewalks. These physical barriers include Interstate 94,
railroad tracks, community lakes and wetlands, County roads, and the Cedar
Creek Golf Course. These barriers define locations for trails and dictate
locations for street crossing and trail connections.
6. The City has had a long history of sidewalk and trail development as evidenced
by the existing trails. Trail system development has not always been contiguous
and consistent in design.
a. Some older neighborhoods along both the east and west sides of Main
Avenue are without sidewalks. This requires pedestrians and bicyclists to
share the local streets with automobiles.
b. Neighborhoods west of County Road 19 have a fairly complete sidewalk
and trail network. However, this network is a mix of eight foot bituminous
and five foot sidewalks. The eight foot bituminous trails exhibit a faster
rate of deterioration (i.e., broken pavement, patches, uneven travel
surfaces) than the nearby concrete sidewalks. Additionally, the eight foot
trail running through the front yards of the single family homes do not
maintain the same quality appearance as the concrete sidewalks. It is
suggested that the eight foot bituminous trails in these neighborhoods be
replaced with five foot concrete sidewalks.
City of Albertville
Trail System Plan
Page 5
Agenda Page 42
Issues and Opportunities
C. The City has been reliant on new development to install new sidewalks
and trails. In some cases, the new developments did not include the
entire trail corridor, resulting in incomplete trails or sidewalks. In other
cases, developments have not been completed due to the downturn in the
economy and the result is an unfinished street and sidewalk system. The
following incomplete trail segments are reflective of this condition:
Location
County Road 18
Main Avenue (west side)
53rd Street
Kassel Avenue
Towne Lakes/Hunter's
Pass
Trail Segment
Kahl Avenue to new High School
53rd Street to 50t" Street
County Road 19 to Lachman Avenue
49t" Street to County Road 18
Street/sidewalk connection between the
subdivisions
7. Residents expressed a desire for some scenic overland trails. In review of the
City, some opportunities exist for overland trails. These locations include:
a. At the east end of Cedar Creek Golf Course, trail connections are provided
to Kahler Drive. This location may offer a short cut route to the High
School for residents in the neighborhoods north of the golf course. The
corridor, however, is characterized by low areas, wetlands, and seasonal
flooding that must be considered in trail planning in this area.
b. In eastern Albertville, there may be an opportunity for an overland trail that
parallels the railroad tracks from Barthel Drive to Large Avenue. A parcel
containing a large wetland lies north of the railroad tracks at this location.
The south side of the property consists of uplands that could support an
overland trail. This trail corridor could remove pedestrians and bicyclists
from a portion of Barthel Drive which is a busy industrial street.
C. The south and east side of Hunter's Lake offers opportunity for an
overland trail. The City owns most of this property. The introduction of a
natural overland trail in this
8. The City has been reliant on new development for the installation of new trails
and its park dedication fund or street fund for sidewalks or trail reconstruction.
With the development slow down, the City has not received any substantial
revenue to the park dedication fund. Under the current economy, cuts in State
aid, expenses related to the 1-94/County Road 19 interchange, street repairs and
other City operations, the funding of trail and sidewalks projects will become
more difficult, particularly for larger improvement projects. In undertaking this
study, we hope to identify short term solutions to address immediate needs as
well as long range strategies that will continue to give attention to community trail
and sidewalk needs, while recognizing the City's current financial situation.
City of Albertville
Trail System Plan
Page 6
Agenda Page 43
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Park and Trail Planning History
The City of Albertville has a fairly extensive in -place trail and sidewalk system. The City
established the requirement for trails and sidewalks early in its development history. As
such, the new residential and commercial developments have in -place trail and
sidewalk systems.
In 1997, Albertville adopted its first Comprehensive Park and Trail System Plan that
identified the following purpose and design policies related to trails and sidewalks:
Trail Facility Purpose and Design Policies
Establish trail facilities which provide recreational as well as functional uses.
2. Establish trail corridors that minimize stop signs, cross traffic, and mixing with
other modes of transportation.
3. The types of trails to be used as the basis of planning and development are as
follows:
a. On -Street Trails/Paved Shoulders: These trails share the same paved
surface as the roadway that they follow. They are designed for multiple
uses and may be located o one or both sides of the street.
b. Grade -Separated Trails/Sidewalks. These trail segments are separated
from the adjacent roadway by a strip of land/plantings or physical structure
(preferably not less than five feet wide). They are designed for the
integration of a variety of compatible non -motorized trail uses including
pedestrians, bicycles, skateboards, roller skates or in -line skates. They
shall generally follow street rights -of -way, but may be set back varying
distances from a road for aesthetic, safety, maintenance, or snow storage
reasons depending upon the classification of roadway with which they are
associated (traffic volumes, speed, etc.).
C. Overland Trails/Linear Parks: These trail segments shall provide a
standard trail width within a significantly wider right-of-way and shall be
located away from street corridors, not typically parallel to the street
surface. They should be designed to incorporate vegetation, seating,
picnic areas, and playgrounds or other supporting site elements and may
serve a dual purpose as a buffer strip or separated bikeway. Abandoned
railroad rights -of -way and many utility easements fall into this category.
4. All trails located along arterial and major collector streets should be a minimum
of ten feet wide.
5. All trails located on or along local or minor collector streets should be a minimum
of eight feet wide for two-way traffic (one side of the street) or six feet wide on
both sides of the street for one-way traffic, although lesser widths may be
City of Albertville Trail System Plan
Page 8
Agenda Page 45
Park and Trail Planning History
necessary in established residential areas where space is limited. In no case,
shall a trail be installed at less than a four foot width.
6. In cases where trails lie adjacent to new residential development or are not
located within public rights -of -way, a minimum corridor size of 30 feet shall be
provided which, in addition to the required trail, may be used for the
establishment of vegetative screening or accessory park/trail elements.
Distances to existing homes may be less in cases where space is tight.
7. The required 30 foot corridor shall be dedicated as parkland in residential areas
or in special cases, an easement may be established provided lot depths are
increased to accommodate the width of the corridor. Within commercial and
industrial areas, an easement will be required, but the establishment of such will
not necessitate a change in the required lot size or setback requirements.
8. In residential areas (local streets only), on -street trails may be unmarked, paved
with a stripe, or identified by a sign. On -street trails associated with collector or
arterial streets are not desired for long term use, however, where necessary they
should always have a specially marked shoulder area and/or be sign identified.
9. It shall be the City's responsibility to implement new trails in existing
neighborhoods or to redevelop insufficient facilities where necessary over time.
10. Trails shall be constructed according to the standards established in the City's
Standard Detail Plates document dated September 12, 1996 or as otherwise
specified by the City Engineer.
11. Developers who wish to subdivide land which includes designated new trail
corridors in the comprehensive system plan will be required to dedicate and
construct trails in the location and manner approved by the City Council. Those
landowners who abut areas designated for trails will be required to plan for and
accommodate such in the event that development/subdivision of their property
occurs.
12. The longitudinal slope of trails along their length should not exceed five percent
to be considered handicapped accessible and eight to ten percent in areas
where access would otherwise be limited.
13. The cross sectional slope of trails shall not exceed two percent and shall be
convex (raised to slope toward each side) or sloped in one direction to allow for
proper drainage.
14. Lines of sight should be considered when planning trail development both for
aesthetic reasons as well as for safety. Unobstructed forward and rear views
should be provided for each type of user: 50 feet for pedestrians and 150 feet for
bicyclists and skaters.
City of Albertville
Trail System Plan
Page 9
Agenda Page 46
Park and Trail Planning History
15. Unless safety factors prohibit such, the City shall promote the establishment of
trails through all areas of the City and among all land use types according to the
intent of the system plan associated herewith.
16. It is the intent of the City that all trails be paved with bituminous or concrete
surfacing in the long term, however, interim trail surfaces of vegetative ground
cover, gravel, stone or wood chips may be necessary in some areas as dictated
by available monies. Unless otherwise approved by the City Council, all trails
shall be paved.
Ordinance Standards
Following the adoption of the Comprehensive Park and Trail Plan, the City also updated
its Subdivision Regulations to make the suggested design guidelines as ordinance
standards. The subdivision amendment also included the following trail location and
width standards of Section 11-7-8-1:
2. Trail Widths:
a. The following paved trail widths shall be required (exclusive of dedicated
corridor or easement area within which the paved trail is located):
Street
Arterial
10 foot trail on
1 or both sides of
street as required
Malor Collector
Minor Collector
Local
8 foot trail on
1 side of street
or as required
10 foot trail on
1 or both sides of
street as required
8 foot trail on
1 side or 6 foot trail
on both sides of
street
CSAH 19
X
CSAH 37
X
CSAH 35 west of Main
X
County Highway 118
X
Main Avenue
X
CSAH 35 east of Main
X
53rd/57th Streets
X
Kalland Avenue
X
Barthel Drive
X
70th Street
X
All other streets
X
b. Lesser widths may be necessary in established residential areas and
where space is limited. In no case shall a trail/sidewalk be installed at less
than a four foot (4') width.
C. Sidewalk design and width standards shall be in accordance with the
sidewalk policy established by resolution of the City Council.
City of Albertville Trail System Plan
Page 10
Agenda Page 47
Park and Trail Planning History
In examining the application of these standards within the City, 14 years after their
adoption, the following comments are offered:
The arterial and major collector standards have been effective in creating a City-
wide trail system framework. In most cases, trails on one side of these streets
have been provided. Some of the issues that arise include:
Incomplete trail segments.
Safe pedestrian crossings at major street intersections.
In some cases, the trail shifts from one side of the street to the other side
along the same corridor (County Road 18/50t" Street).
As the community continues to build out and adjoining communities grow, adding
traffic to Albertville's arterial and major collector street system, trails on both
sides of these major roadways will become necessary to insure safe pedestrian
and bicycle movements through the community.
2. Examination of the minor collector and local street standards reveals that
developers most frequently select the less expensive alternative to satisfy this
standard, constructing a single eight foot wide trail on one side of the street. In
reviewing this practice with the Public Works Department, the following issues
were raised:
The eight foot wide trail occupies the front yards of single family
neighborhoods. The size and appearance of the bituminous trail is less
aesthetically appealing when compared to adjoining neighborhoods with
concrete sidewalks.
The bituminous surfacing of the eight foot trails deteriorates much more
rapidly than the concrete sidewalk, resulting in broken pavement,
patching, and uneven travel surfaces. The bituminous trails require more
City maintenance than concrete sidewalks.
Public Works would recommend that the City move away from requiring eight
foot bituminous trails in favor of requiring five foot concrete sidewalks on one
side of minor collectors and local streets. They would also recommend
systematically removing the existing eight foot bituminous trails along residential
streets and replacing them with five concrete sidewalks. To implement this
policy, the Subdivision Regulations will need to be amended.
City of Albertville
Trail System Plan
Page 11
Agenda Page 48
Trails Plan
The Proposed Trail System Map defines a comprehensive system of trails, sidewalks
and street shoulders intended to promote walking and biking for both transportation and
recreation. The following trails plan builds on the City's existing system of trails and
sidewalks. The system identifies future desired trail improvements based on the
following criteria:
• Dedication. Trails along streets fall within the street rights -of -way. In this
respect, all future right-of-way dedications shall be wide enough to include trails,
when necessitated by the Trail System Plan. Trails outside of rights -of -way shall
be platted in outlots or placed in easements at the discretion of the City Engineer
in terms of size to allow for easy maintenance and access. When planning for
trails within existing street rights -of -way, the City will investigate a variety of
options such as separated off-street trails, trails or sidewalks behind the curb, or
on -street shoulders or bike lanes to provide for pedestrian and bicyclist needs in
a safe and cost effective manner.
• Safety. When placing trails in a right-of-way, the trail shall be constructed off-
street with grade separation, whenever possible, to maximize safe use. Where
physical separation is not possible, the City will investigate alternative options to
provide safe and comfortable use of the City's trail or sidewalk system.
• Minimize Costs. In an effort to minimize construction costs, trails, where
designated may be constructed in conjunction with State, County, and City street
improvements. Developers may be expected to install trails at the time of street
construction. As part of the City's street maintenance plans, the City will
evaluate pedestrian needs with all reconstruction projects.
• Connectivity. Trails shall be placed in subdivisions to serve the City's intent of
connecting amenities and resources. This connection shall be done in an
efficient manner providing as direct of a connection as feasible. The City expects
the trail system to connect residences to parks, open spaces, and businesses.
Businesses should develop site amenities to encourage trail use. With the
slowdown in housing construction, Albertville has a number of incomplete and
isolated neighborhoods that do not have trail connections that link them to the
larger park and trail system. Permanent trail and sidewalk connections are
planned to be provided with the future build out of these subdivisions. In the
interim, the City will investigate temporary trail easements and wood chip trails to
connect isolated neighborhoods to the City's paved trail system.
• Coordination. The City will coordinate with other governmental units to provide
trail resources when opportunities arise.
• Signage. The City hopes to promote the use of the trail system and encourage
residents to walk for both recreation and transportation. In this respect, the City
will provide signage at significant intersections that identify the City streets.
City of Albertville
Trail System Plan
Page 12
Agenda Page 49
Trails Plan
The 2011 Park and Trail Plan Map depicts three types of trail corridors intended to work
with the street cross section.
ARTERIAL AND MAJOR COLLECTOR STREETS
The arterial and major collector streets in Albertville include County Roads 18, 19, and
37, 50t" Street, 70t" Street, Main Avenue, and MacKenzie Avenue. These higher
functional classification streets are the major traffic carriers through Albertville. While
the street corridors provide the most direct routes to the City's prime destinations (i.e.,
shopping, schools, parks, City Hall, and other communities), they also serve as physical
barriers that divide the community.
Abk
In planning a trail system in conjunction with their higher functional classification streets,
the plan parallels the roadway with grade separated trails that direct pedestrians and
bicyclists to controlled intersections with marked crosswalks. The Albertville
Subdivision Regulations require a 10 foot grade separated trail along one or both sides
of arterial and major collector streets.
City of Albertville
Trail System Plan
Page 14
Agenda Page 51
Trails Plan
4 4
R—yare (3P'-50'ryp•r Newt l) 8'-ID'Pothwily
SdWtndablewidth) PW-"
iOpdonal on both
Skies of the sleet] 1 4,V W
ftm or way (tyPkW wicm W - isog
I11u t ation — not to state
Arterial and Collector Streets
Primary Pathway — Parallel to major roadway in urban Iocation
- Public maintenance
- 8' — 10' asphalt
- Concrete used in some areas
Arterial and Major Street Collector Street Recommendations
The Proposed Trail System Plan recommends trails on both sides of County
Road 19. This recommendation is reflective of traffic volumes and speeds on the
street. It also support the City's long range land use plan which recommends
commercial land uses along County Road 19 from 50th Street to 70th Street.
Trails on both sides of this corridor will reduce the need for street crossing,
provide for pedestrian or bicycle access to local retails, and connect isolated
areas of the City to the community's local destinations.
City of Albertville
Trail System Plan
Page 15
Agenda Page 52
Trails Plan
2. The other arterials and major collector streets may be adequately served with
trails or sidewalks on one side of the roadway, however as the community
continues to build out, the City should reassess these corridors to determine if
additional trails are required. In examining the City's arterial and major collector
street system, the following trail segments are required:
3.
Roadway Trail Seqment
County Road 18 Kahl Avenue to new High School
County Road 18 Main Avenue to County Road 19 (north side)
County Road 37 64th Street to western City boundary
County Road 37 Large Avenue to eastern City boundary
Main Avenue Sidewalk and 53rd Street to 50th Street
Most of these trail improvements will require the involvement of the County
Highway Department. Trail improvements will need to be coordinated with new
development along these segments or County highway improvements.
The County Road 18 trail connection to the High School campus has been
identified by community residents as a pressing need to insure safe travel for
children walking or biking to school. In addressing this needed trail
improvement, the City will also need to evaluate County Road 18 crossing and
provide the needed appropriate crosswalks.
Residents expressed concerns regarding safe pedestrian crossing at the City's
major intersections (County Road 18/County Road 37 and County Road 19/57th
Street). The crosswalk must have a safe design including marked crosswalks,
appropriate signage, and/or
signalization that affords the pedestrian -A II.J
sufficient comfortable time to move
through the intersection. Other
intersections identified for improved
crosswalks include:
a. MacKenzie Avenue/County
Road 37
b. Barthel Drive/50th Street
C. Main Avenue/50th Street
City of Albertville
Trail System Plan
Page 16
Agenda Page 53
Trails Plan
4. With future improvements to 1-94 interchanges, pedestrian and bicyclist
considerations must be included in the improvement designs. Segregated trails
or sidewalks are needed to accommodate safe passage across the interstate.
These trail corridors are needed to connect isolated neighborhoods in northern
Albertville with the balance of the community. This will also encourage residents
of neighboring cities to travel into Albertville and patronize the City's local
businesses.
MINOR COLLECTORS / LOCAL STREETS
Minor collectors and local streets are generally residential streets providing direct
access to individual homes or apartments. Minor collector streets (Karston Avenue, 57tn
Street, 53rd Street) pass through a number of neighborhoods, channeling local traffic to
the City's major collector and arterial street system. Local streets serve the individual
lots and are typically characterized by low traffic volumes and low traffic speeds.
The following concept illustrates the proposed street and sidewalk cross section for
minor collector and local streets. This cross section moves away from the City's current
subdivision standards of an eight foot trail on one side of the street or six foot trails on
both sides of the street. This concept plan recommends a five foot sidewalk on one
side of the street. The recommendation is based on the following factors:
1. The sidewalk has a more attractive residential neighborhood appearance than
the eight foot bituminous.
2. The concrete sidewalk will provide a more durable surface requiring less
maintenance and less repair.
City of Albertville Trail System Plan
Page 17
Agenda Page 54
Trails Plan
3. The City may wish to segregate automobile, pedestrian and bicycle traffic. This
can be done through striping the traffic lanes on the street, creating a street
shoulder that may be used for on -street parking, walking and biking. The striping
of traffic lanes is an inexpensive means of accommodating shared use of the
street surface. This option may be used to provide a designated walking and
bike lane where sidewalks are absent within a neighborhood or in conjunction
with streets with sidewalks to segregate pedestrian and bicycle traffic. The width
of Albertville's streets will accommodate walkable street shoulders.
Street shoulder
Boulevard-
8' width typ.
Concrete Sidewalk -
Trafflc lanes (striped) 5' width typ.
4' I 12' 1 72' 1 4
Front yard (30'typ. residential)
Street shoulder
Street (variable width)
32' typ.
Illustration —not to scale
Right of way (typical width 60')
Local and Minor Collector Streets
Sidewalk or Minor Pathway
- Private maintenance
- 5' concrete sidewalk
- 8' asphalt trail in some areas
Minor Collectors and Local Streets Recommendations
1. Amend the City's subdivision standards to require five foot sidewalks rather than
eight foot trails along local and minor collector streets.
2. Incorporate the replacement of existing trails along local and minor collector
streets with five foot sidewalks as part of the City's street improvements and
capital improvement planning.
3. Provide striped traffic lanes on streets without sidewalks to create a street
shoulder for on -street parking, walking and biking. Consider striping of minor
collectors with sidewalks to create bike lanes.
City of Albertville Trail System Plan
Page 18
Agenda Page 55
Trails Plan
4. Needed local and minor collector sidewalks improvements include:
Roadway
Kassel Avenue
Kassel Avenue
57t" Street
Lachman Avenue
62nd Street
OVERLAND TRAILS
Trail Segment
49t" Street to County Road 18
County Road 18 to 51st Street NE
(North side) Lambert Avenue to Lachman
60t" Street to County Road 37
East Lake Towne Drive to County Road 37
The Comprehensive Trail Plan identifies opportunities for overland trails that may
complement the City's street corridor, trail and sidewalk system. These opportunities
include:
1. Through Block Trail Connections: The City has reserved outlots for trail
connections between Lander Avenue and Lambert Avenue and Lachman
Avenue. The outlots were created for trail corridors to break up the length of
extremely long residential blocks. The corridors have not been constructed. The
City will need to evaluate the need for these trail corridors.
2. Cedar Creek Golf Course: Residents in western Albertville have expressed a
need for a more direct trail route through or around the golf course to access the
High School. One option is located at the eastern end of the golf course
property. Trail entrances into the golf course property extend from Kahler Drive
at two locations. The bituminous trail leads to unimproved paths wind through
the golf course. This corridor may provide a direct route to County Road 18,
however, the following concerns exist:
a. This area is characterized by low areas, drainage ditch, and wetlands that
are subject to seasonal flooding. These features complicate trail design
and use.
b. The City needs to determine if an easement exists for public trail use in
this area of the golf course.
C. The trail will need to access and cross County Road 18. Existing
development patterns may obstruct this trail corridor. Additionally, a safe
pedestrian crossing location must be identified and designed.
If this overland corridor is desirable, additional study will be required to address
the aforementioned issues.
City of Albertville Trail System Plan
Page 19
Agenda Page 56
Trails Plan
3. Hunter's Lake. The City owns land surrounding the south and east side of
Hunter's Lake. This area contains stormwater ponding, the waste treatment
plant, Public Works, and the Albertville compost yard. While the city operations
are fairly intense land uses, they are located away from the lakeshore. The
Hunter's Lake shoreline offers an undeveloped natural area with view of the
lake. An overland trail corridor could be established in this natural corridor,
concert with existing trails and sidewalks in Towne Lakes and Hunter's Pass
neighborhoods providing a walkable circuit around the lake.
Sensitive to costs and the uncertain future land use of the compost site, it is
recommended that the overland trail be a graded wood chip trail. This is
intended to provide this natural trail experience without major investment and
without compromising any future use of City -owned land.
4. Interim Overland Trails. Residents of Hunter's Pass and Towne Lakes
neighborhoods expressed a desire for a trail connection between the
neighborhoods and into the local commercial areas. The subdivision plans for
the neighborhoods include interconnected streets and sidewalk systems,
however, the slow down in residential development has delayed build out and the
final street, sidewalk, and trail improvements.
An option exists to provide an interim trail connection between these
neighborhoods. This option would consist of an interim wood chip trail around
the north side of Hunter's Lake, connecting these two neighborhoods. With the
permission of the current property owners, the City would mow a path and create
a wood chip trail following the existing graded streets. This would be a price
City of Albertville
Trail System Plan
Page 20
Agenda Page 57
Trails Plan
sensitive option to provide a needed trail connection. The following items will
need to be investigated to facilitate this improvement:
a. Permission of the property owners through a consent form or temporary
easement.
b. Insurance responsibility for liability of trail use.
C. Define specific route.
d. Public Works mowing and laying of wood chips.
IIIUwatWn — o0! tC $Cale
Greenways / Overland Trails
Right of way varies between 100 and 200 feet. depending on location environment
Shared mulit-use pathway
Provides opportunity for stormwater collection areas or preservation of existing water resources
May plant additional vegetation in some areas for shade/protection
Public maintenance
City of Albertville
Trail System Plan
Page 21
Agenda Page 58
Implementation
This section of the Trail System Plan identifies the tools and processes to implement the
Plan.
IMPLEMENTATION STRATEGIES
The following implementation strategies are suggested:
This plan identifies a number of action steps and recommendations that may not
require significant financial output and may be implemented by City staff. These
action steps should be prioritized and undertaken to benefit the City's existing
trail system including:
a. Amend the Albertville Subdivision Ordinance to require sidewalks rather
than trails along local and minor collector streets.
b. Integrate trail, sidewalk or street striping into the City's five year street
repair and/or replacement planning (see map on the following page).
When a street is scheduled for repair, resurfacing or replacement, the City
will also investigate needed pedestrian improvements to be undertaken as
a single project.
C. Obtain temporary trail easements and create wood chip trails between
Towne Lakes and Hunter's Pass neighborhoods.
d. Where sidewalks do not exist along local streets, include traffic lane
striping with street seal coating, overlays, or reconstruction.
2. The City benefits from the active involvement of its local civic organizations in
investing, maintaining and improvement of the City parks and trail facilities. The
City will continue to utilize this volunteerism to help improve the parks and trails.
3. The City will annually review and update trail system needs to identify and
prioritize needed improvements to insure safe and active use of the City trails
and sidewalks.
4. The City will review and evaluate each new development project to ensure it
provides trail connections to the planned City-wide trail system.
5. Work with Wright County to insure that trails are a design component in all
County road improvements in Albertville.
6. The City will investigate the use of grants, donations, partnerships, and
opportunities for joint powers agreements for the development of trail facilities.
City of Albertville Trail System Plan
Page 22
Agenda Page 59
Implementation
FUNDING MECHANISMS
Financing the trail and sidewalk improvements will be a challenge for the City. The
development of the trail system will not occur without adequate funding and taking
advantage of opportunities as they present themselves. Fortunately, the City has a
significant existing trail and sidewalk system. Improvements can be undertaken as
smaller projects and systematically addressed with available budgets.
The financial strategy for trail and sidewalk improvements are as follows:
In new development areas, the City will require the installation of new sidewalks
or trails as developer improvements as a condition of City approval.
2. Improvements or replacement to the existing trail and sidewalk system shall be
identified with regard to the extent of improvements (repair, replacement), costs,
and priority based on condition and need. These improvements, where possible,
will be coordinated with the City's five year street improvement plan and
presented to the City Council for inclusion in the City's annual budget and capital
improvement planning. Though incremental improvements, the City hopes to
maintain and improve its existing system in a cost effective manner.
3. The City budget process will establish local funds for parks, trails and street
maintenance and improvements.
4. Coordination of streets and trail improvements with the County or other cities to
avoid duplication of efforts and to share costs.
5. The City may apply for available grants for development of its Trail System Plan
through agencies such as but not limited to the Minnesota Department of Natural
Resources, Minnesota Department of Transportation, Wright County, and any
other agencies.
6. Albertville has strong groups of civic organizations, and private citizens willing to
donate monies and labor to improving the City trail system. Trails in Winter Pak
were constructed with the assistance of the local Boy Scout troop as an Eagle
Scout project. The City will continue to promote volunteerism and private
reinvestment in the City trail system to stretch available dollars.
City of Albertville
Trail System Plan
Page 23
Agenda Page 60
�lbertvillc Mayor and Council Request for Action
May 16, 2019
SUBJECT: PUBLIC WORKS - FIRE HYDRANT MAINTENANCE PROGRAM
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
MOTION TO: Approve the Fire Hydrant Maintenance Program.
BACKGROUND: The Public Works department currently inspects each fire hydrant within the
city every six years. The proposed policy is suggested to document current procedures for
hydrant inspection and maintenance.
KEY ISSUES:
• The goal of the fire hydrant maintenance program is to ensure access to water in case of
fire.
• The policy will require a citywide map of all hydrant locations. It will also require that
maintenance records and document of any deficiencies to be kept at the Public Works
building.
• Regular maintenance extends the life of the fire hydrants.
• Hydrants will be inspected on an annual rotating schedule over the course of every six
years.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to approve and implement policies.
FINANCIAL CONSIDERATIONS: Maintenance for fire hydrants is budgeted and covered by
operations funds. There is no increase to the budget for this item.
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Fire Hydrant Maintenance Policy
P:ACity Council\Council Packet Information\2019\052019\2019-05-20 Fire Hydrant Maintenance Policy.docx
Meeting Date: May 20, 2019
62
CITY OF ALBERTVILLE
FIRE HYDRANT MAINTENANCE PROGRAM
1. Purpose
The purpose of this program is to provide the City of Albertville with procedures for maintaining its
fire hydrants. These procedures are necessary to insure access to water in case of a fire. Maintenance
also protects and extends the life of the City's fire hydrants. The City will provide such maintenance
in a safe and cost effective manner, keeping in mind safety, budget, personnel, and environmental
concerns. The City will use City employees, equipment, and/or private contractors to conduct this
maintenance.
2. Routine Maintenance and Inspection
A. Schedule
1. The City will inspect, repair and paint as needed all city owned fire hydrants
every sixth year.
B. Procedure
2. Each hydrant will be exercised, checked for leaks, ease of operation, and proper
operation. The hydrant will be repaired if nessiary.
3. Where applicable, a tracer wire access box will be attached to the lowest point
possible.
4. Each fire hydrant will be painted with Waterous Part # M4104 red, when
needed.
5. Upon inspection, hydrant finders or flags will be repaired, replaced or installed.
3. Documentation
The City will maintain a watermain map that includes approximate locations of hydrants. Public
works will document maintenance and any deficiencies for each hydrant. These records will be kept
at the public works building.
4. Flushing
Flushing will be conducted and coordinated by the Joint Powers Water Board.
rev. 5/16/19
Agenda Page 63
Nlbertville Mayor and Council Request for Action
s„" T... wke� ft Lity ut-
May 16, 2019
SUBJECT: PUBLIC WORKS / ENGINEERING — ALBERTVILLE WWTP & DISCHARGE
IMPROVEMENTS
RECOMMENDATION: This space on the agenda is reserved for the City Council to consider
acceptance of the lowest bid received for the WWTP and Discharge Improvement project. It is
respectfully requested that the Mayor and Council consider the following motions:
MOTION TO:
• Approve Resolution No. 2019-024 entitled A Resolution Approving Plans and
Specifications Accepting Low Bid for Construction of the Albertville WWTP and
Discharge Improvements, Contingent on MPCA Approvals.
• Approve construction services proposal by Bolton & Menk, Inc. for an estimated amount
of $348,336.
BACKGROUND INFORMATION: Bolton and Menk has completed plans and specifications
for the proposed WWTP project. The general project components include approximately 5 miles
of a 16" forcemain, a lift station, concrete biosolids tank, UV disinfection equipment, WWTP
controls upgrades, common excavation, and related improvements.
The proposed improvement project was advertised and on May 16 bids for the improvements
were opened. A total of two (2) bids were received with proposals ranging from $6,918,783.45
to $7,187,021, as shown on the attached Bid Tab.
There are a number of MPCA related approvals, including the National Pollutant Discharge
Elimination System (NPDES) / State Disposal System (SDS) permit for the City's WWTP,
which is why the improvements are necessary. It is recommended the award be contingent on
plan and permit approvals by the MPCA.
KEY ISSUES:
• Low Bid for the project is $6,918,783.45
• Low Bid Received by LaTour Construction
• The low bid is approximately 6.5% over the Engineer's estimate of $6.5M
• Engineering construction services are estimated to just under $350,000
FINANCIAL CONSIDERATIONS:
The Project Construction Budget is as follows:
Discharge and Plant Improvements: $ 6,918,784
Construction Contingencies (5%) $ 346,000
Engineer/Construction Admin. (5%) $ 350,000
BUDGET $ 7,614,784
P:ACity Council\Council Packet Information\2019\052019\wwtp\1_WWTP and Discharge Improvement Award RCA.doc
Meeting Date: May 20, 2019
64
Mayor and Council Request for Action — WWTP Award
Public Works / Engineering — May 20, 2019 Page 2 of 2
The project will be funded through multiple funds including the Sewer Access Fund, capital
reserves, State Special Appropriations grant, and debt service. In 2017, Albertville received
legislation awarding $2M in grant funding for the project. The city will bond for the remaining
$5.61M and pay its debt service over a period of 20 years. Debt service will be paid with Sewer
Access funds/ future SAC revenues and debt levy.
LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to authorize
municipal improvements, and to accept or reject bids for municipal improvements.
Submitted Through: Adam Nafstad, City Administrator -PWD
Attached: Resolution 2019-024
Bid Tab
Construction Services Proposal
On file with the Clerk: Construction Plans and Specifications
Bid Abstract
Facility Plan
P:ACity Council\Council Packet Information\2019\052019\wwtp\1_WWTP and Discharge Improvement Award RCA.doc
Meeting Date: May 20, 2019
Agenda Page 65
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2019-024
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS ACCEPTING LOW BID FOR
CONSTRUCTION OF THE ALBERTVILLE WWTP AND DISCHARGE IMPROVEMENTS,
CONTINGENT ON MPCA APPROVALS
WHEREAS, plans and specifications for wastewater treatment plant and discharge
improvements and related municipal improvements have been prepared by Bolton & Menk, Inc. and
such plans and specification have been presented to the Albertville City Council for approval; and
WHEREAS, pursuant to an advertisement for bids for the proposed improvements, bids were
received, opened and tabulated; and
WHEREAS, it appears that LaTour Construction, Inc. of Maple Lake, Minnesota is the lowest
responsible bidder; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville,
Minnesota, as follows:
Such Plans and Specifications, a copy of which are on file with the City Clerk, are hereby approved.
The bid of LaTour Construction, Inc., said "Low Bidder", in the amount of $6,918,783.45 for the
construction of said improvements in accordance with the plans and specifications and
advertisement for bids is the lowest responsible bid.
2. Said bid of said Low Bidder is accepted.
Contingent on MPCA permit approvals, the City Administrator and City Clerk are hereby
authorized and directed to enter into a contract with said "Low Bidder" for the construction of
said improvements for and on behalf of the City of Albertville.
Approved by the City Council of the City Albertville this 20te day of May, 2019.
ATTEST:
Kimberly A. Hodena, City Clerk
Jillian Hendrickson, Mayor
Agenda Page 66
CITY OF ALBERTVILLE
ALBERTVILLE WWTP DISCHARGE IMPROVEMENTS
BID DATE: MAY 15, 2019 - 10:30 AM
CONTRACTOR
TOTAL AMOUNT BID
LATOUR CONSTRUCTION
$6,918,783.45
GM CONTRACTING
$7,187,021.03
H:\ALBT\C13114803\6_Plans-Specs\B_Bid Tabulation\114803 Bid Tab.xls
Agenda Page 67
nIn BOLTON
& MENK
Real People. Real Solutions.
April 11, 2019
City of Albertville
Attn: Adam Nafstad
5959 Main Ave NE
Albertville, MN 55301
RE: Albertville WWTP and Discharge Improvements - Construction Services
Dear Adam:
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: (952) 448-8838
Fax: (952) 448-8805
Bolton-Menk.com
As requested, we have prepared a scope of services and estimated fee for the construction services
associated with the Albertville WWTP and Discharge Improvements Project.
Scope of Services
Public Coordination/Communications
Bolton & Menk is committed to supporting the coordination requirements of this project with qualified
staff and will proactively engage affected property owners with timely and accurate information.
Construction Staking and Observation
Construction staking will be provided along with full time construction observation. Duties of the
Construction Observer will include the following:
• Attendance at the pre -construction meeting and all construction -related meetings
• Serve as a liaison between the City and the contractor
• Review of the completed work to determine if the project is in general conformance with the
plans and specifications
• Review of all materials testing
• Maintenance of construction documentation
• Communication with affected property owners, as necessary, to address their construction -related
concerns and issues
Construction Administration
Construction administration duties will include the following:
• Administering a pre -construction meeting and weekly construction meetings
• Review of shop drawings
• Preparation of pay estimates
• Contractor Communications
• Liaison with City Staff
Record drawings detailing the completed improvements as recorded by the construction observer and the
contractor will be completed and furnished to the City in hard copy and electronic format. Record plans
will also be linked to the City mapping system and the City's GIS system will be updated.
Fee Estimate
P:\City Council\Council Packet Information\2019\052019\wwtp\4_2019-04-11 2019 WWTP Discharge Improvements Construction Services.docx
Bolton & Menk is an
Albertville WWTP and Discharge Improvements
Page 2
The estimated cost to provide the scope of services described above is $348,336.00 to be billed on an
hourly basis.
Please let me know if you have questions or need additional information.
Sincerely,
Bolton & Menk, Inc.
Jeffrey J. Weyandt, P.E.
P:\City Council\Council Packet Information\2019\OS2019\wwtp\4_2019-04-11 2019 WWTP Discharge Improvements Construction Services.docx
Bolton & Menk is an
Work Plan & Hour Estimate
For
WWTF Discharge Construction Services
Albertville, MN
4/11/19
PROJECT TASK
ESTIMATED
HOURS
AVERAGE
HOURLY
RATE
TOTAL
ESTIMATED
COST
Inspection
1250
$102
$127,500
Inspection Oversite
120
$125
$15,000
Project Management
176
$161
$28,336
Construction Staking
400
$145
$58,000
WWTP Inspection
400
$140
$56,000
WWTP Project Management
120
$180
$21,600
WWTP Electrical Review
80
$180
$14,400
1$348,336.00
Project Closeout
50
$130
$6,500
Asbuilts/GIS Maps
150
$140
$21,000
TOTAL ESTIMATED COST
am
Agenda Page 70
J�lbcrtvi j jc S-1T..UNng.ftCity Lft. Mayor and Council Request for Action
May 7, 2019
SUBJECT: FINANCE — WASTEWATER DISCHARGE PROJECT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve Resolution 2019-025 entitled, declaring the official intent of the City of
Albertville to reimburse certain expenditures from the proceeds of bonds to be issued by the
City.
MOTION TO: Approve Resolution 2019-026 committing City funds related to special
appropriations grant, through the planned issuance of general obligation sewer revenue bonds,
series 2019A.
BACKGROUND INORMATION: Both of these resolutions are necessary to advance the
Wastewater Discharge Project.
The reimbursement resolutions are required by the IRS. This resolution is standard on most
projects that the City intends on financing via bond issuance. Passage of this resolution allows
the City to incur costs prior to the bond issuance that can be later reimbursed from the bond
proceeds.
Below is the bond schedule:
Item
Date
Award Construction Bids
20-May
Prepare Set Sale Resolution
8-Jul
Prepare Finance Plan for 2019 A Bonds
8-Jul
City Council Approves Set Sale Resolution for 2019A Bond
15-Jul
Official statements sent to rating agency
16-Jul
Rating Conference Call
29-Jul
Rating Received
5-Aug
City confirms final amount for bond
5-Aug
Bond Sale 10:30 A.M.
19-Aug
City Council approves resolution awarding bonds
19-Aug
Closing on bonds (proceeds)
5-Sep
* Bolded items require City Council Action
The resolution for commitment of funding is required for disbursement of funds from the G.O.
Bonding Grant allocation.
P:\City Council\Council Packet Information\2019\052019\Wastewater RCA intent to reimburse.docx
Meeting Date: May 20, 2019
71
Mayor and Council Request for Action — May 20, 2019
Wastewater Discharge Project Page 2 of 2
KEY ISSUES:
The Reimbursement Resolution is required by the IRS for bonding purposes
The commitment of funding resolution is required for the release of the State Grant
monies prior to the closing of the bond issuance.
FINANCIAL CONSIDERATIONS: There is no cost associated with the reimbursement
resolution. The commitment to funding resolution allows the City to draw funds from the Grant
for the project prior to bond closing which is part of our financing plan for the project and would
effects cash flow of the project.
LEGAL CONSIDERATIONS: Passage of the reimbursement resolution is required in order to
bond for this project at a later date. Passage of the commitment of funding is required for
disbursement of the grant monies prior to bond sale.
Responsible Person/Department: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution 2019-025
Resolution 2019-026
P:\City Council\Council Packet Information\2019\052019\Wastewater RCA intent to reimburse.docx
Meeting Date: May 20, 2019
72
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2019-025
DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE
TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the
"Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to reimburse
prior expenditures will not be deemed spent unless certain requirements are met; and
WHEREAS, the City expects to incur certain expenditures that may be financed
temporarily from sources other than bonds, and reimbursed from the proceeds of a tax-exempt
bond;
WHEREAS, the City has determined to make this declaration of official intent
("Declaration") to reimburse certain costs from proceeds of bonds in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ALBERTVILLE AS FOLLOWS:
1. The City proposes to undertake the construction of sewer system improvements in
the City (the "Project").
2. The City reasonably expects to reimburse the expenditures made for certain costs of
the Project from the proceeds of bonds in an estimated maximum principal amount of $5,615,000.
All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other
expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement
Regulations.
3. This Declaration has been made not later than 60 days after payment of any
original expenditure to be subject to a reimbursement allocation with respect to the proceeds of
bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an
amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary
expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the
issue or issues that finance or are reasonably expected by the City to finance the project for
which the preliminary expenditures were incurred. The term "preliminary expenditures"
includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred
prior to commencement of acquisition, construction or rehabilitation of a project, other than land
acquisition, site preparation, and similar costs incident to commencement of construction.
4. This Declaration is an expression of the reasonable expectations of the City based
578039v1AL141-65
Agenda Page 73
City of Albertville
Meeting of May 20, 2019
Resolution No. 2019-025
on the facts and circumstances known to the City as of the date hereof. The anticipated original
expenditures for the Project and the principal amount of the bonds described in paragraph 2 are
consistent with the City's budgetary and financial circumstances. No sources other than
proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved,
allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial
policies to pay such Project expenditures.
5. This Declaration is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulations.
Approved this 20th day of May, 2019, by the City Council of the City of Albertville,
Minnesota.
Jillian Hendrickson, Mayor
ATTEST:
Kimberly A. Hodena, City Clerk
578039v1AL141-65 2
Agenda Page 74
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2019-026
RESOLUTION COMMITTING CITY FUNDS RELATED TO SPECIAL APPROPRIATIONS
GRANT, THROUGH THE PLANNED ISSUANCE OF GENERAL OBLIGATION
SEWER REVENUE BONDS, SERIES 2019A
BE IT RESOLVED by the City Council of the City of Albertville, Wright County, Minnesota
(the "City") as follows:
It is hereby determined that:
(a) The Legislature has appropriated $2,000,000 for a one-time grant (the "Grant") by the
Minnesota Public Facilities Authority ("PFA") to the City of Albertville for wastewater infrastructure
improvements, pursuant to Minnesota Laws of 2018, Chapter 214, Article 1, Section 22.
(b) The City has determined a need for major wastewater infrastructure improvements (the
"Improvements") within the City, at an estimated total cost of $7,615,000.
(c) In order to release any Grant funds to the City, the PFA requires a commitment of City
funds for all costs of the Improvements not paid by the Grant.
(d) The City is authorized by Minnesota Statutes, Chapter 475 and Section 444.025 (the
"Act"), to issue and sell its general obligation bonds to finance improvements to its municipal wastewater
system, when determined by the City Council to be necessary or desirable and in the best interest of the
City.
(e) The City hereby resolves to issue its General Obligation Sewer Revenue Bonds, Series
2019A, in an estimated principal amount not to exceed $4,095,000 (the "Bonds"), the proceeds of which
Bonds will be applied to pay the portion of costs of the Improvements not reimbursed by the Grant.
(f) Based on the as -bid cost of the Improvements, the City has sufficient cash on hand to
cover change orders and project overruns to ensure completion of the Improvements.
2. The Mayor and City Administrator are hereby authorized and directed to enter into a
grant agreement with the PEA (the "Grant Agreement") and to execute the Grant Agreement and any
other instruments required to effectuate the Grant.
Agenda Page 75
City of Albertville
Meeting of May 20, 2019
Resolution No. 2019-026
Page 2
Approved by the City Council of the City of Albertville, Minnesota this 201" day of May, 2019.
Jillian Hendrickson, Mayor
ATTEST:
Kimberly A. Hodena, City Clerk
578760v1AL141-40
Agenda Page 76
A\1bertville Mayor and Council Request for Action
Smolt LWing. Big Ufs.
May 15, 2019
SUBJECT: CITY CLERK— STAY IN THE FIGHT AND FARRELL'S MEMORIAL DAY SPECIAL
EVENT
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO:
Waive the $75 Mobile Food Unit license fees for the Stay in the Fight and Farrell's
Memorial Day Event on May 27, 2019
• Not waive the $75 Mobile Food Unit license fees for the Stay in the Fight and Farrell's
Memorial Day Event on May 27, 2019
BACKGROUND: Stay in the Fight is a non-profit organization whose mission is to honor and
empower Uniformed Service Members and their families by being active and healthy both
physically and socially. They are partnering with Farrell's eXtreme Bodyshaping in Albertville
to host a Warrior Workout — Honor the Fallen event. The group has reserved the Central Park
shelter and ballfield for activities and kickball. Details are still being finalized, but the event is
scheduled for 11:00 a.m. — 1:00 p.m. They plan on having food trucks available for participants.
KEY ISSUES:
• Event sponsors are asking that the annual license fee of $75 for Mobile Food Units be
waived since this is a one day only event and the vendors do not plan to operate within
Albertville for any other days.
• Staff recommends that the city application be completed, liability insurance and proof of
licensing by either the MN Dept. of Health or MN Dept. of Agriculture, regardless
whether the fee is waived.
• It is unclear at this time if there will be a walk or run event planned, if outdoor music will
be requested, or whether streets will be requested to be closed. Should these be needed,
an additional motion will be needed from Council at Monday's meeting. Staff hopes to
have more information at the meeting.
• The group anticipates presence from both Albertville Fire Department and Wright
County Sheriff's Office.
• An email from one of the event coordinators is attached detailing the group's plans.
FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the
applicant for the liquor licensing.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to waive fees,
authorize street closures and approve outdoor music.
P:ACity Council\Council Packet Information\2019\052019\2019-05-20 Farrell's Special Event RCA.docx
77
Meeting Date May 20, 2019
Mayor and Council Communication — May 20, 2019
Stay in the Fight Memorial Day Event Page 2 of 2
Responsible Person/Department: Kimberly Hodena, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments: Email from Event Coordinator for Memorial Day Event
P:ACity Council\Council Packet Information\2019\052019\2019-05-20 Farrell's Special Event RCA.docx
Agenda Page 78 Meeting Date: May 20, 2019
Kim Olson
From: Emilie Hoivik
Sent: Thursday, May 9, 2019 8:26 PM
To: Kim Olson
Cc: Craig Hoivik
Subject: Stay In The Fight & Farrell's Memorial Day Event May 27, 2019
Attachments: GiJoes2019MDHLICENSE.pdf, ATT00001.txt; imagel jpeg; ATT00002.txt
Ki m,
We at Stay In The Fight are requesting that the $75 food truck permit fee be waived for the (2) foods trucks we would
like to have at our event on May 27, 2019. The two food trucks that would like to attend are: Gi Joes and Outlaw.
During the event we will have the fire department present and we are just waiting on the sheriffs department to confirm
their attendance as well. The event will consist of a 1 mile walk and a workout for those who have registered at Farrell's
in Albertville. After we will have fire and police on site with two food trucks, and we will be opening up the field for the
kids/adults to play kickball together. We have rented the field as well as, the pavilion for the day.
If you have any further questions or concerns please contact me directly. I have also attached each food trucks licenses.
Thank you 1
1
Agenda Page 79
SETH WYNN
Law Clerk
O: 801 852 5235
s.wynn@goaptive.com
aptirre
May 3, 2019
Via Electronic Mail: mike@couriruppe.com
Mr. Michael Couri
City Attorney
City of Albertville, MN
705 Central Avenue East
St. Michael, MN 55376
Re: The City of Albertville's Solicitation Curfew
Dear Mr. Couri:
Aptive Environmental, LLC
5132 N 300 W #150
Provo, UT 84604
goaptive.com
I am a Law Clerk working in the Legal Department at Aptive Environmental, LLC ("Aptive").
Aptive provides pest control services to thousands of customers in Minnesota. Aptive markets its products
and services primarily through direct marketing, or door-to-door solicitation.
Aptive understands and appreciates the City of Albertville's desire to create and maintain rules
governing door-to-door solicitation. Aptive believes that such regulations — when reasonably drawn — can
provide important assurances that solicitation efforts in the City will be safe and free from abusive
practices. Consequently, Aptive places a priority on its compliance with such rules. That said, when these
regulations cross a constitutional line — by, for instance, imposing overly broad or onerous restrictions on
solicitation activities — Aptive will seek to have them changed. Further, unconstitutional restrictions on
Aptive's ability to do business have a direct and substantial impact on Aptive's business viability and
profits. Accordingly, Aptive is hopeful that a mutually acceptable resolution outside of a publicly -filed
litigation can be achieved.
Albertville's solicitation curfew, found at § 4-4-4 of the City Code, restricts solicitation to the
hours between 9:00 am and 4: 00 pm. Aptive believes this curfew violates Aptive's — and others' — rights
under the First and Fourteenth Amendments of the United States Constitution.
In 2015, the United States District Court for the District of Minnesota held that the City of
Bloomington's 8:00 p.m. solicitation curfew was unconstitutional because it was not narrowly tailored to
further any compelling government interest. Working Am., Inc. v. City of Bloomington, 142 F. Supp. 3d
823, 834 (D. Minn. 2015). In Association of Community Organizations for Reform v. City of Frontenac,
the Eighth Circuit Court of Appeals invalidated Frontenac's 6: 00 p.m. solicitation curfew, stating that the
curfew unconstitutionally restricted solicitors' activities. Association of Cmty Orgs for Reform v. City of
Frontenac, 714 F.2d 813, 819 (8th Cir. 1983) (invalidating 6:00 p.m. curfew).
Page 1 of 2
Agenda Page 80
Just last year, in Aptive Environmental, LLC v. Town of Castle Rock, Colorado, the United States
District Court for the District of Colorado invalidated the Town of Castle Rock, Colorado's 7:00 p.m.
solicitation curfew holding that the curfew was an unconstitutional restriction on commercial speech. As
the prevailing party, Aptive was rewarded more than $500,000 in attorney's fees. Aptive Envtl, LLC v.
Town of Castle Rock, Colorado, C.A. No. 17-cv-01545-MSK-MJW (D. Colo. Mar. 22, 2018).
The District of Minnesota's decision in Bloomington, the Eighth Circuit's decision in Frontenac,
and the District of Colorado's decision in Castle Rock are consistent with what the U.S. Supreme Court
and five federal circuit courts have uniformly held: municipal ordinances prohibiting door-to-door
solicitation before 9:00 p.m. are unconstitutional. See Project 80's Inc. v. City of Pocatello, 942 F. 2d 635
(9th Cir. 1991) (rejecting total ban on commercial solicitation); City, of Watseka v. Illinois Public Action
Council, 479 U.S. 1048 (1987) (affirming that 5:00 p.m. curfew was unconstitutional); Ohio Citizen
Action v. City of Englewood, 671 F.3d 564 (6th Cir. 2012) (invalidating 6:00 p.m. curfew); City, of
Watseka v. Illinois Public Action Counsel, 796 F.2d 1547 (7th Cir. 1986) (invalidating 5:00 p.m. curfew);
New Jersey Citizen Action v. Edison Township, 797 F.2d 1250 (3d Cir. 1986) (invalidating 5:00 p.m.,
6:00 p.m. and sunset curfews); and Wisconsin Action Coalition v. City of Kenosha, 767 F.2d 1248 (7th
Cir. 1985) (invalidating 8:00 p.m. curfew).
The holdings of these cases clearly indicate that the City's 4:00 p.m. solicitation curfew is
unconstitutional. The solicitation curfew further violates the right of citizens of the City to receive
information, which is another protected First Amendment freedom. Board ofEduc., Island Trees Union
Free Sch. Dist. Number 26 v. Pisco, 457 U.S. 853, 867 (1982).
Aptive desires to resolve these constitutional issues amicably and without resort to litigation.
However, If Albertville refuses to suspend and repeal its unconstitutional solicitation curfew, and suit
becomes necessary, be advised that Aptive will seek payment of its lost profits, as well as Aptive's
attorneys' fees in connection with filing suit — to which Aptive is entitled pursuant to 42 U.S.C. § 1983
and 42 U.S.C. § 1988. Aptive sincerely hopes that this outcome can be avoided. To this end, we request
that you provide us with the City's written assurances, as soon as possible, but by no means later than one
week from the date of this letter, that the City will not enforce the 4:00 p.m. curfew. If you believe it
would be productive to discuss this matter, please do not hesitate to contact me.
Sincerely,
Seth Wynn, Law Clerk— Aptive Environmental, LLC
Page 2 of 2
Agenda Page 81
STAND -DOWN AGREEMENT
This Stand -Down Agreement (the "Agreement") is by and between Aptive
Environmental, LLC ("Aptive"), and the City of Albertville, Minnesota (the "City"). Aptive and
the City are collectively referred to hereinafter as "the Parties."
WHEREAS, Section 4-4-4 of the City Code prohibits door-to-door solicitation in the City
after 4:00 p.m. (the "Curfew")
WHEREAS, Aptive asserts that the Curfew is unconstitutional and has requested that the
City repeal the Curfew to prevent ongoing economic harm to Aptive.
WHEREAS, the City has agreed to suspend enforcement of the Curfew as of the date of
this Agreement and extending six months from the date of this Agreement (the "Term"), during
which time the City intends to review the ordinance and determine what changes may need to be
made to the ordinance in light of recent court rulings.
WHEREAS, Aptive expressly reserves its right to bring suit with respect to any future
iterations of the Curfew, any future amendment to the Curfew, or if, after expiration of the Term,
the City has not repealed, amended, or otherwise modified the Curfew.
TERMS
1. The City hereby agrees to immediately suspend enforcement of the Curfew for the
duration of the Tenn, and will instead enforce a solicitation curfew of 30 minutes after sunset.
Notwithstanding the Term, enforcement will resume if the City amends the Curfew. Such
enforcement will resume on the date the amended ordinance takes effect and will proceed under
the terms of that amended Curfew.
STAND -DOWN AGREEMENT BETWEEN
APTIVE ENVIRONMENTAL AND ALBERTVILLE
Page t
Agenda Page 82
2. Aptive hereby releases the City and its elected and appointed officials, employees,
and agents from all liability for all claims of any kind that it may have against it relating to the
Curfew arising up through the date of this Agreement, including (without limitation) any claims
for damages or lost profits as a result of the Curfew; provided, however, that Aptive's release is
expressly conditioned upon the City suspending enforcement of the Curfew as specified in
Paragraph 1. In the event the City amends the Curfew, Aptive's release of claims against the
City shall be of no force or effect with respect to any amended Ordinance, and Aptive will be
free to bring an action against the City for any and all claims (including lost profits) arising from
the date enforcement resumes under the amended Curfew. Further, if, after expiration of the
Term, the City has not repealed, amended, or otherwise modified the Curfew, Aptive's release of
claims against the City shall be of no force and Aptive will be free to sue the City for any and all
claims (including lost profits) arising from the enforcement of the Curfew.
3. This Agreement shall be construed and interpreted in accordance with the laws
applicable in the State of Minnesota.
4. This Agreement contains the entire agreement between the Parties hereto with
respect to the matters set forth in it, and shall be binding upon and inure to the benefit of the
successors in interest, representatives, elected or appointed officials, employees, agents, assigns,
principals, members, officers, directors, and attorneys of all parties named or described herein.
5. Aptive represents and warrants that the person signing this Agreement on
Aptive's behalf has authority to bind Aptive to this Agreement. That person signs on behalf of
Aptive and not in his or her individual capacity. The City represents and warrants that the person
STAND -DOWN AGREEMENT BETWEEN
APTIVE ENVIRONMENTAL AND ALBERTVILLE
Page 2
Agenda Page 83
signing on its behalf is a representative authorized to sign on behalf of the City and not in his or
her individual capacity.
EXECUTED by counsel for each party this the day of May, 2019. This
Agreement may be executed in duplicate original counterparts with the same force and effect as
if all signatures were set forth upon a single instrument.
AGREED:
Counsel for City of Albertville, Minnesota
(ON BEHALF OF THE CITY)
STAND -DOWN AGREEMENT BETWEEN
APTIVE ENVIRONMENTAL AND ALBERTVILLE
AGREED:
Counsel for Aptive Environmental, LLC
(ON BEHALF OF APTIVE)
Page 3
Agenda Page 84
A\Ibc tvijlie City Administrator's Update
Small Town living. Big City We.
May 20, 2019
GENERAL ADMINISTRATION
Centennial Planning: The next meeting is May 28 at 7:00 p.m. at the Depot and all are
welcome.
Arena Board: The Arena Board has approved the 2018 audit by ABDO and has approved
budget and rates for 2019/2020. The board continues to work on options for hotwater or RO
water at the old facility. The board also approved an advertising agreement for an ATM kiosk.
Friendly City Days Social: The social will be at 5:00 p.m. on Friday, June 7 at the Depot.
ENGINEERING/PUBLIC WORKS
70th Street Project: I anticipate having a draft partnership agreement for council to review at
the next meeting fora MnRoad project in 2019 to improve 70th Street between CSAH 19 and
Kadler.
WWTP Forcemain Project: A recommendation to award the contract to LaTour Construction is
included in the packet.
2019 Street and Trail Improvements: Work on Kahler began this week. The contractor has
removed the Kahler Ave NE trail and will be placing the concrete walk and aprons the week of
the May 20. Work on Karston Ave NE will begin the second week of June. It is anticipated all
work will be complete by the end of July. The driveway replacement option for those
driveways impacted by the project has been received well and we currently have approximately
20 residents considering the special assessment option. We have a link to a project webpage
on the city's website: www.ci.albertville.mn.us/2019-improvements.
Westwind Park: The playground equipment install began this week and will take approximately
a week. Once the play structures are installed, public works will install draintile, fabric and
woodchips in the play area. Construction of the gazebo is scheduled to start the week of May
20. Omann's is scheduled to complete the grading and trail paving in late May or as soon as the
area dries out.
CSAH 19 and 70th Street: The County received bids on Tuesday, May 14, for the CSAH 19/38
project. Only 2 bids were received with the low bid being about 37% over the estimate. The
low bid was approximately $12.5M and the Engineer's Estimate was approx. $9.1M. County
staff is recommending to their board that the bids be rejected (at next Tuesday's Board
meeting). The project will be rebid in November or so, and specify that the work will begin in
2020.
Agenda Page 85
11435 58th Street NE House Demo: Quotes to demo the old house recently purchased by the
city have been requested and will be reviewed at Monday's meeting.
Miscellaneous Drainage Improvements: Staff is working on a number of drainage projects that
will require storm sewer improvements and will review the projects at Monday's meeting.
60th Street NE (between Main Avenue and the driveway to Federated Co-ops): This segment
of street is in need of repair and it has been questioned if the city could have it repaired by
Friendly City Days. I have asked for quotes to do the work and will share with council on
Monday.
Upcoming Events: Albertville Friendly City Days, June 5 - 9
Attachments: none
City Administrator's Update Page 2 of 2 May 20, 2019
Agenda Page 86