2020-06-01 City Council Agenda Packetlbcrtvijje
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Zoom Meeting Link:
City of Albertville Council Agenda
Monday, June 1, 2020
Via Video/Phone Conference
7:00 p.m.
https://us02web.zoom.us/j/89934417198?pwd=QmYzdOgzOVdI RGFrVkltVThLeDVSdzO9
Zoom Audio Number: 1 (312) 626 6799
Zoom Meeting ID: 899 3441 7198
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. 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 May 18, 2020 regular City Council meeting minutes as presented (pgs 4-
8)
B. Authorize the Monday, June 4, 2020 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 9)
C. Approve Ordinance No. 2020-04 Amending Title 4, Business Regulations, Chapter 1,
Alcoholic Beverages, Section 4, Classification of Licenses and Section 7, Procedures
for Granting Licenses, of the Albertville City Code in the City of Albertville,
Minnesota and authorize publication of summary ordinance (pgs 10-15)
D. Approve Ordinance No. 2020-05 Amending Title 8, Public Ways and Property,
Chapter 4, City Property, Section 2 Liquor Consumption and authorize publication of
summary ordinance (pgs 16-17)
P:ACity Council\Council Agendas\2020 Agenda Packet \2020-06-01 City Council Agenda.docx
Meeting Date: June 1, 2020
Agenda Page 1
City of Albertville Council Agenda
Monday, June 4, 2020 Page 2 of 3
7. Wright County Sheriffs Office — Updates, reports, etc.
8. Department Business
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC etc.)
B. Planning/Zoning
1). Outdoor Dining Emergency Provisions (pgs 18-23)
(Motion to Adopt an Interim Ordinance 2020-03 Establishing Albertville Code
Title 1 Chapter 8 Interim Ordinance Suspending the Applicable Zoning
Regulations Relating to Outdoor Dining and Creating A Temporary
Administrative Waiver of Expansion of On -Sale Liquor License Sales During the
Covid-19 Public Health Emergency.)
C. Fire —None
D. Finance — None
E. City Clerk - None
F. Public Works/Engineering — None
G. Building —None
H. Legal —None
I. Administration
1). Letter of Resignation - City Clerk (pg 24)
(Motion to confirm the resignation of Kimberly Hodena's resignation from the
position of the Albertville City Clerk.)
2). City Administrator's Update (pg 25-26)
9. Announcements and/or Upcoming Meetings
June 1
City Council, 7:00 p.m.
June 8
STMA Ice Arena Board, 6:00 p.m.
June 9
Planning Commission, 7:00 pm.
June 10-14
Albertville Friendly City Days, CANCELLED
June 15
City Council, 7:00 p.m.
June 22
Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
July 2/3
City Offices Closed, Independence Day
City Hall Closed July 2, Public Works Closed July 3
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Meeting Date: June 1, 2020
Agenda Page 2
City of Albertville Council Agenda
Monday, June 4, 2020 Page 3 of 3
July 6
City Council, 7:00 p.m.
July 13
STMA Ice Arena Board, 6:00 p.m.
July 14
Planning Commission, 7:00 p.m.
July 20
City Council, 7:00 p.m.
July 27
Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
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10. Adjournment
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Meeting Date: June 1, 2020
Agenda Page 3
Albertville
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ALBERTVILLE CITY COUNCIL
Monday, May 18, 2020
Via Video Conference
DRAFT MINUTES
ALBERTVILLE CITY HALL
1. CALL TO ORDER
Mayor Hendrickson called the meeting to order at 7:02 p.m.
2. ROLL CALL
7:00 PM
Present: Mayor Hendrickson and Councilmembers Cocking, Halling, Hudson and Olson
Absent: None
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner
Alan Brixius, and Finance Director Tina Lannes
Others Present: Blair Huggins, Ryan Gleason, Bob Zagorski, Brock Potter, Ruth Kremer, Paul
Buhrmann, Rick Ebersville, Mike Kessler, Blake Beaudry, Brad O'Neil
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS - None
4. PUBLIC FORUM
There was no one present for the forum.
5. AMENDMENTS TO THE AGENDA
There were no amendments to the agenda.
Motioned by Cocking. seconded Olson, approve the Agenda as presented. Ayes: Hendrickson,
Cocking, Halling, Hudson and Olson. Nays: None. Absent: None. 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 May 4, 2020 regular City Council meeting minutes as presented
B. Authorize the Monday, May 18, 2020 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
Page 1
Agenda Page 4
provided to City Council as a separate document and is available for public view at City
Hall upon request
C. Partial Payment for Westwind Park Improvements for Final Pay Estimate in the amount of
$65,129.81 to Oman Contracting
D. Approve Pay Estimate No. 9 to Latour Construction, Inc. in the amount of $99,857.16 for
Albertville WWTP and Discharge Improvements
Motioned by Olson, seconded by Cocking, to approve the consent agenda as amended. Ayes:
Hendrickson, Cocking, Halling, Hudson and Olson. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
7. Public Hearings — None
8. Wright County Sheriffs Office — Updates, reports, etc.
There were no updates from the Sheriff's Office.
9. Department Business
A. City Council
1). Pandemic Related Discussion Topics
a. Governor's Executive Order
Nafstad reported that in the last week there have been a couple requests that the city not enforce the
Governor's Executive Order and one of the requests included a proposed resolution to that effect.
Nafstad explained the League of MN Cities recently published a memo regarding these types of
resolutions. Nafstad asked the city attorney to review both the requested non -enforcement resolution
and the League's memo. Couri stated that the law is clear the Governor may amend rules to the
emergency management of the state. There have been challenges whether the Governor has these
rights constitutionally. Couri stated the city does not have the authority to contradict the order.
Constitutional matters are above the city's authority. Secondly, since the city contracts with Wright
County for law enforcement services, could the city request the Sheriff s Office to not enforce the
order. Couri stated that the Sheriff holds certain authority has well and the city cannot direct his
office to do so. Additionally, the deputies take an oath to uphold the law and he did not believe they
would enforce such a resolution if passed. Couri stated that the city is insured by the League but
generally covers accidental occurrences. Direct violation of law may result in the city not being
covered if sued. The other issue is that if a person contract COVID-19 under or during such a
resolution, could open the city up to further lawsuits. Other issues include that establishments
holding liquor licenses that violate the law are subject to revocation of their liquor license. Also, he
stated that there are a number of requests in the bonding bill for funding for city related projects and
they do know the impact of how the resolution may impact those requests. Couri emphasized that
this is a new situation and hasn't been litigated before;
Hudson shared the content of the proposed resolution and some of the history of it came to be. He
stated that he had seen a social media post inquiring why no one was at the outlet mall when it was
to be opened today. He felt this is an unprecedented situation and felt the Governor's response was
political in nature rather than following science.
City Council Meeting Minutes Page 2
Regular Meeting of May 18, 2020 Agenda Page 5
Hudson stated that he spoke with the Wright County Sheriff and was informed that the department
will respond to complaints, inform the violators of their violation of the order but there would be no
tickets or arrests. He felt that would be the intent of this proposed resolution.
Cocking inquired if any city resources have been used to enforce the order and Nafstad stated
nothing other than temporarily closing playground equipment. Cocking felt the order exceeds
authority but felt this is the forum to take this on. He had concerns that if businesses were to receive
a fine, they could come back to the city as a liability if the resolution is passed. He also had
concerns that if passed that bonding funds before the Governor for signature may not be approved
and that would 2.5 million Albertville taxpayers would need to cover for the wastewater treatment
plant improvements. Couri stated that the city does not have the authority to direct the Sheriff's
department and he could see it difficult to defend if sued.
Brock Potter inquired when the Council is sworn in office if they swear to uphold the constitution
and Cocking replied that is correct. Potter then inquired why it isn't part of the Council's duties to
do so. Couri stated that the proper place to defend the constitution is court or legislative. Cocking
stated that the ability for businesses to open or not is caused by the city.
Ruth Kremer stated that she does agree with the city attorney regarding liability. She indicated what
the City of Rogers did instead which was a resolution to encourage the Governor to allow businesses
to open. She also felt that it is not responsible for small businesses to open and say they are ready
without the proper procedures. She inquired if the resolution could be amended to reflect that and
Hudson was not willing to change the text.
Frank Halling stated that it is important to support local businesses.
Cocking felt there were other ways to help and offered multiple options. He felt the resolution
doesn't do want they want which is actually open businesses but is a political statement. He felt it
would not change the current situation. Halling and Hendrickson were in support of any extra funds
or ways to support businesses. Hendrickson's concern was that the resolution would provide a sense
of a safety net if it. The city cannot do anything to legally keep businesses open. Olson felt that by
passing a resolution to not enforce the order opens the city to have more to lose than to gain.
Motioned by Hudson to Approve Resolution 2020 XXX that states City Resources, whether
physical, financial or, including but not limited to law enforcement, city staff and personnel, city
contractors and subcontractors, or assistance of any kind tied to the city, or any cooperation to
any other governments including federal, state, or county, shall not be used to enforce any of
Governor Walz' Executive Orders, including but not limited to, Executive Order 20-33 and any
other orders that infringe on people's constitutionally protected rights, especially as it relates to
COVID-19.
There was no second.
MOTION FAILED.
b. Requests for Relief
City Council Meeting Minutes Page 3
Regular Meeting of May 18, 2020 Agenda Page 6
Nafstad reported that one business has requested at least a partial rebate of their liquor license fees
and the Council will be discussing this at a future date.
C. Reopening Planning
Nafstad stated that the Emergency Management Director/Fire Chief is working on a re-entry plan for
City Hall, which is slated for potentially June 1, depending on when supplies arrive. Halling was
supportive of maintaining remote work if work is not degraded.
2). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc)
Joint Powers Water Board
Olson stated that the previous meeting a generator was approved for the water plant. There will be
no meeting this month.
B. Fire — None
C. Finance — None
D. City Clerk - None
E. Public Works/Engineering — None
F. Planning/Zoning — None
G. Building —None
H. Legal —None
1. Administration
1). City Administrator's Update
Nafstad reported that there are many construction projects that are on -going.
Nafstad stated that both the $2.5 million for wastewater treatment plant and $64 million for the 1-94
expansion were both included in the Senate's draft bonding bill.
10. Announcements and/or Upcoming Meetings
May 25
City Hall Closed, Memorial Day
May 26
Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
June 1
City Council, 7:00 p.m.
June 8
STMA lee Arena Board, 6:00 p.m.
June 9
Planning Commission, 7:00 pm.
June 10-14
Albertville Friendly City Days, CANCELLED
June 15
City Council, 7:00 p.m.
June 22
Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
City Council Meeting Minutes Page 4
Regular Meeting of May 18, 2020 Agenda Page 7
11. ADJOURNMENT
Motioned by Cocking, seconded by Halling, to adjourn the meeting at 8:10 p.m. Ayes:
Hendrickson, Cocking, Halling, Hudson and Olson. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Respectfully submitted,
Kimberly A. Hodena, City Clerk
City Council Meeting Minutes Page 5
Regular Meeting of May 18, 2020 Agenda Page 8
A\1bertvi j je Mayor and Council Request for Action
Smolt LWing. Big Uh.
May 28, 2020
SUBJECT: CONSENT - FINANCE — PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, June 1, 2020 payment of the claims as presented except
the bills specifically pulled, which are passed by separate motion. The claims listing has been
provided to Council as a separate document. The claims listing is available for public viewing at
City Hall upon request.
BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved
through their respective departments and administration and passed onto the City Council for
approval.
KEY ISSUES:
Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and
key issues will be presented in the claims listing document.
POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner,
generally within 30 days unless one party determines to dispute the billing.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment: List of Claims (under separate cover)
P:ACity Council\Council Packet Information\2020\060120\2020-06-01 Finance Bills Report (RCA).docx
Meeting Date: June 1, 2020
da Page 9
�lbertvillc Mayor and Council Request for Action
May 28, 2020
SUBJECT: CONSENT - CITY CLERK — LIQUOR LICENSE APPROVAL AND LIQUOR
CONSUMPTION ORDINANCE AMENDMENTS TO THE ALBERTVILLE CITY CODE
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
MOTION TO:
Approve Ordinance No. 2020-04 Amending Title 4, Business Regulations, Chapter 1,
Alcoholic Beverages, Section 4, Classification of Licenses and Section 7, Procedures for
Granting Licenses, of the Albertville City Code in the City of Albertville, Minnesota and
authorize publication of summary ordinance
Approve Ordinance No. 2020-05 Amending Title 8, Public Ways and Property, Chapter
4, City Property, Section 2 Liquor Consumption and authorize publication of summary
ordinance
BACKGROUND: There have been two different discussions recently at the City Council
meetings in relation to liquor licensing. The first being the approval process for certain events
involving liquor at the Fire Hall and secondly, how the COVID-19 pandemic has affected liquor
operations and how the City Code language as currently written does not allow the issuance of
off -sale liquor licenses to on -sale liquor establishments.
Annually, the Albertville Fire Relief Association holds an annual holiday and recognition event
at the Fire Hall. At times, the association may host other fund-raising events at the Fire Hall.
The association applies for the necessary liquor license(s) in order to have alcohol at the events
and must also seek City Council approval to consume the alcohol on city property. Staff
inquired of Council if they felt there needs to be annual approval of those liquor licenses or the
request to consume the alcohol for the specific events. Council directed staff to give the Fire
Chief the authority to approve the events and to work with the City Clerk to process the
necessary licenses.
On April 17, 2020, Governor Walz issued an Executive Order to allow on -sale liquor
establishments the ability to sell off -liquor curbside along with a to go order without having to
obtain an off -sale license. Stipulations included a limit of a six pack of beer and a standard
bottle of wine per to go order and the special authorization would end when the Executive Order
ends. Since State law presides over local law (except when allowed by the State), establishments
have been able to sell off -sale curbside without an off -sale. When researching the current City
Code when reviewing this, it was realized that the City Code only allows off -sale licenses to be
issued to exclusive liquor stores. It was also realized that the three Main Avenue NE on -sale
establishments currently have off -sale licenses issued many years ago that are in violation of
P:ACity Council\Council Packet Information\2020\060120\2020-06-01 Liquor Ordinances RCA.docx
Meeting Date: June 1, 2020
10
Mayor and Council Request for Action — June 1, 2020
Liquor License Approval and Consumption Ordinance Amendments Page 2 of 2
what is written in the current code. During Council discussion, it was determined that this does
not create an even playing field for the on -sale establishments in Albertville and directed staff to
bring forward an ordinance amendment.
KEY ISSUES:
• The direction to staff from Council required changes to both Title 4, Alcoholic
Beverages, and Title 8, Public Ways and Property, of the Albertville City Code.
• Attached are two ordinances making those changes as requested.
• During review of Title 4, staff identified some minor housekeeping corrections to include
as well.
• There has been one on -sale establishment that has already applied for the annual off -sale
license and several others that have indicated interested.
• Interested establishments must complete new liquor license applications and undergo a
background investigation by Wright County Sheriff's Office as it a new and different
class of license for the establishment.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to amend the City Code for licenses issued under the City's authority.
FINANCIAL CONSIDERATIONS: The annual fee for the off -sale license is $150 and will not
generate a large increase in revenue.
Responsible Person/Title: Kimberly A. Hodena, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Ordinances No. 2020-04 and No. 2020-05
P:ACity Council\Council Packet Information\2020\060120\2020-06-01 Liquor Ordinances RCA.docx
Meeting Date: June 1, 2020
II
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.2020-04
AN ORDINANCE AMENDING TITLE 4, BUSINESS REGULATONS, CHAPTER
1, ALCOHOLIC BEVERAGES, SECTION 4, CLASSIFICATION OF LICENSES
AND SECTION 7, PROCEDURES FOR GRANTING LICENSES, OF THE
ALBERTVILLE CITY CODE IN THE CITY OF
ALBERTVILLE, MINNESOTA
The City Council of the City of Albertville, Minnesota hereby ordains:
WHEREAS, the City of Albertville desires to allow on -sale intoxicating liquor
establishments the ability to additionally hold an off -sale intoxicating liquor license; and
WHEREAS, the Albertville City Code currently does not allow for such
combined liquor licenses, but is allowed by Minnesota State Statute 340A.406
Intoxicating Licenses, Combination Licenses, and,
WHEREAS, the following sections of the Albertville City Code are hereby
amended to repeal strikeout language and include the underlined languages as follows:
Section 1.
4-1-4: CLASSIFICATION OF LICENSES:
Liquor licenses shall be of eleven (11) eio (8) types: intoxicating liquor on -sale,
temporary intoxicating liquor on -sale, 3.2 percent malt liquor on -sale, temporary 3.2
percent malt liquor on -sale, Sunday intoxicating liquor on -sale, intoxicating liquor off -
sale, 3.2 percent malt liquor off -sale, and on -sale wine. (2005 Code)
A. Intoxicating Liquor On -Sale Licenses: On -sale intoxicating liquor licenses may be
issued only to hotels, clubs, restaurants, brewpubs licensed under Minnesota
statutes 340A.301, subdivision l(d), and exclusive liquor stores, and shall permit
on -sale of liquor only. (Ord. 2014-07, 10-20-2014)
B. Temporary Intoxicating Liquor On -Sale Licenses: Subject to the approval of the
commissioner of public safety, temporary on -sale licenses shall be issued only to
clubs or charitable, religious, or other nonprofit organizations in existence for at
least three (3) years. A temporary license authorizes the on -sale of intoxicating
liquor in connection with a social event within the city sponsored by the licensee
and subject to restrictions imposed by the state liquor act 1 .
Agenda Page 12
City of Albertville
Meeting of June 1, 2020
Ordinance No. 2020-04
Page 2
C. 3.2 Percent Malt Liquor On -Sale Licenses: On -sale 3.2 percent malt liquor licenses
may be issued to bona fide clubs, restaurants and hotels where food is prepared and
served for consumption on the premises only. (2005 Code)
D. Temporary 3.2 Percent Malt Liquor On -Sale Licenses:
1. Limited License: Notwithstanding other licensing requirements for 3.2
percent malt liquor, the city council, upon proper application, may, in its
discretion, grant limited licenses to sell 3.2 percent malt liquor on -sale to bona
fide clubs which meet the definition of Minnesota statutes section 340A.101,
subdivision 7, and to charitable, religious or nonprofit organizations. (Ord. 2013-
001, 1-22-2013)
2. Term Of License; Fee: Unless waived by the council, such limited licenses
shall not exceed a two (2) week period per event, and shall require a payment of
the fee set out in section 3-1-3 of this code. (2005 Code)
3. Reserved. (Ord. 2010-011, 1-3-2011)
4. Premises and Hours: The premises from which said 3.2 percent malt liquor
shall be dispensed, the hours of operation, and the exact day or days for which the
limited license is requested shall be accurately described in the application;
provided, however, that the hours of operation must conform to Minnesota
statutes section 340A.504, subdivision 1, or any successor statute.
5. Additional Restrictions: The council may, in its discretion, require such
restrictions on the limited license as it deems necessary.
E. Sunday On -Sale Intoxicating Liquor Licenses: A special license authorizing on -
sale intoxicating liquor sales on Sunday in conjunction with the serving of food
may be issued to any hotel, restaurant, or club which has facilities for serving at
least thirty (30) guests at one time, and which has an on -sale license.
F. Intoxicating Liquor Off -Sale Licenses: Off -sale licenses shall be issued sfAy to
exclusive liquor stores ftR4—,h&14-to permit off -sales of liquor only as well as to
issue an off -sale license to establishments also holding an on -sale intoxicatine
liauor license for a combined license to sell both on and off sale intoxicating liauor
as allowed by MN State Statute 340A.406.
G. 3.2 Percent Malt Liquor Off -Sale Licenses: Off -sale 3.2 percent malt liquor
licenses may be issued to general food stores, drugstores and convenience stores
which permit the sale of 3.2 percent malt liquor at retail in the original package for
consumption off the premises.
H. On -Sale Wine Licenses: On -sale wine licenses shall be issued only to restaurants
meeting the qualifications of Minnesota statutes section 340A.404, subdivision 5,
or any successor statute, and shall permit only the sale of wine not exceeding
fourteen percent (14%) alcohol by volume, for consumption on the licensed
premises only, in conjunction with the sale of food. (2005 Code)
Agenda Page 13
City of Albertville
Meeting of June 1, 2020
Ordinance No. 2020-04
Page 3
I. Brewery Taproom License: A brewery taproom license authorizes on -sale of malt
liquor produced by the brewer for consumption on the premises of or adjacent to
one brewery location owned by the brewer. This license may be issued to the
holder of a brewer's license under Minnesota statutes 340A.301, subdivision 6,
clauses (c), (i), and 0).
J. Brewery/Brewpub License For Off -Sale Of Malt Liquor: A brewer's off -sale
license authorizes off -sale of malt liquor at a brewer's licensed premises, which has
been produced and packaged by the brewer. This license may be issued to brewers
licensed under Minnesota statutes 340A.301, subdivision 6, clause (c), (d), (i), or
0). (Ord. 2014-07, 10-20-2014)
K. Consumption And Display Permit:
1. Permit Required: No business establishment or club which does not hold
an on -sale intoxicating liquor license may directly or indirectly allow the
consumption and display of alcoholic beverages or knowingly serve any liquid for
the purpose of mixing with intoxicating liquor without first having obtained a
consumption and display permit from the state of Minnesota. Rental of a public
facility does not make a subdivision or the facility a "business establishment" for
the purposes of this chapter.
2. Hours Permitted: The consumption of alcoholic beverage under a
consumption and display license shall be limited to the hours of nine o'clock
(9:00) A.M. and twelve o'clock (12:00) midnight.
3. State Permit Approval: The applicant shall receive permit approval by the
state and provide evidence of state permit approval to the city prior to operating
under the permit.
4. Permit Displayed: The permit shall only authorize an approved business
address. Said permit shall be openly displayed at the approved address.
5. Expiration; Renewal: The permit shall annually expire on March 31 of
each year and must be renewed with the state of Minnesota.
6. Violations: The establishment holding the permit shall be open to the
Minnesota commissioner of public safety or his representatives, and local law
enforcement officers. Any sale of liquor or violations under Minnesota statutes
340A shall be grounds for permit suspension or revocation. (Ord. 2017-01, 1-3-
2017)
Section 2.
4-1-7: PROCEDURE FOR GRANTING LICENSE:
A. Preliminary Investigation: Application shall be made on a form prescribed by the
state bureau of criminal apprehension and/or local law enforcement designees or
officers and with such additional information as the council may require. If the
council deems it in the public interest to have an investigation made on a particular
application for renewal of an on -sale license, it shall so determine. In any case, if
Agenda Page 14
City of Albertville
Meeting of June 1, 2020
Ordinance No. 2020-04
Page 4
the council determines that a comprehensive background and financial
investigation of the applicant is necessary, it may conduct the investigation itself or
contract with the bureau of criminal apprehension for the investigation. No license
shall be issued, transferred, or renewed if the results show to the satisfaction of the
council that issuance would not be in the public interest. If an investigation outside
the state is required, the applicant shall be charged the cost, not to exceed ten
thousand dollars ($10,000.00), which shall be paid by the applicant. The fee shall
be payable by the applicant whether or not the license is granted. The city may
require the applicant to post a cash escrow in the amount of the estimated cost of
the investigation prior to processing the application.
B. Additional Investigation; Hearing and Issuance: The city council shall investigate
all facts set out in the application and not investigated in the preliminary
background and financial investigation pursuant to subsection A of this section.
Opportunity shall be given to any person to be heard for or against the granting of
the license. After the investigation and hearing, the council shall, inA its discretion,
grant or refuse the application. No off -sale license shall become effective until it,
together with the security furnished by the applicant, has been approved by the
commissioner of public safety. (2005 Code)
C. Approval for Fire Relief Association Annual Event: The City Council has the
authority to approved the necessarliquor license applications for this event
without annual approval before the City Council at an official meeting and direct
the City Clerk to process the application annually.
This ordinance shall be in full force and effective immediately following its passage
and publication.
Adopted by the Albertville City Council this Ist day of June, 2020.
ATTEST:
Kimberly A. Hodena, City Clerk
Jillian Hendrickson, Mayor
Agenda Page 15
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2020-05
AN ORDINANCE AMENDING TITLE 8, PUBLIC
WAYS AND PROPERTY, CHAPTER 4, CITY
PROPERTY, SECTION 2 LIQUOR CONSUMPTION
The City Council of the City of Albertville, Minnesota hereby ordains:
WHEREAS, the Albertville Fire Relief Association holds an annual holiday and
appreciation annually and may hold other special events occasionally; and
WHEREAS, there may be alcohol at the events with the appropriate licensing
and current Albertville City Code does not allow for any alcohol to be served at city
buildings; and,
WHEREAS, the following section of the Albertville City Code is hereby
amended to and include the underlined languages as follows:
Section 1.
A. Prohibited Areas: The consumption of alcohol is prohibited at the fire hall except
by approval of the Fire Chief for the annual fire relief association holiday party or other
such special events as approved by the Fire Chief, the public works facility, the
wastewater treatment plant and on any of the property on which those facilities are
located unless the city has issued a permit for such consumption pursuant to subsection
B of this section.
B. Permit To Consume: The city, in its discretion, may issue a permit to consume
alcohol on city property to a club or charitable, religious, or other nonprofit organization
which has been in existence for at least three (3) years.
C. Insurance Required: Any permit to consume alcohol on city property issued
pursuant to subsection B of this section shall be conditioned upon the applicant providing
proof of liability insurance coverage acceptable to the city which includes the city as a
named insured and meeting any other reasonable conditions required by the city.
D. Consumption Of Alcohol At City Hall In Rented Facilities:
1. Consumption of alcohol at city hall in a portion of the city hall facilities
rented by a person or organization shall be permitted if such alcohol is provided
by an organization meeting the requirements of subsection B of this section and
such alcohol is not sold on the premises of city hall.
2. Consumption of alcohol at city hall in a portion of the city hall facilities
rented by a person or organization shall be pennitted if such alcohol is not sold on
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City of Albertville
Meeting of June 1, 2020
Ordinance No. 2020-05
Page 2
the premises of city hall, and the person or organization renting the facilities
names the city as an additional insured on a general liability insurance policy
(such as a homeowners' policy) in the minimum amount of five hundred thousand
dollars ($500,000.00) acceptable to the city by endorsement of host liquor liability
to the rented premises at city hall.
3. The sale and consumption of alcohol at city hall in a portion of the city
hall facilities rented by a person or organization shall be permitted only if such
alcohol is provided by a caterer licensed under Minnesota statutes 340A.404,
subdivision 12, to sell alcohol in the state of Minnesota and who carries dramshop
insurance in the minimum amount of one million dollars ($1,000,000.00) under
which the city is named as an additional insured party.
4. Any party leasing any portion of city hall where alcohol will be sold or
served must first agree to and sign an agreement to hold the city harmless from
claims arising from such rental and to defend and indemnify the city from all
costs incurred as a result of such claims. The hold harmless and indemnification
agreement must meet the approval of the city attorney. (Ord. 2008-001, 5-5-2008)
This ordinance shall be in full force and effective immediately following its passage
and publication.
Adopted by the Albertville City Council this 1st day of June, 2020.
ATTEST:
Kimberly A. Hodena, City Clerk
Jillian Hendrickson, Mayor
Agenda Page 17
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2020-03
AN INTERIM ORDINANCE ESTABLISHING ALBERTVILLE CODE TITLE 1
CHAPTER 8 INTERIM ORDINANCE SUSPENDING THE APPLICABLE ZONING
REGULATIONS RELATING TO OUTDOOR DINING AND CREATING A
TEMPORARY ADMINISTRATIVE WAIVER OF EXPANSION OF ON -SALE LIQUOR
LICENSE SALES DURING THE COVID-19 PUBLIC HEALTH EMERGENCY
The City Council of the City of Albertville hereby ordains:
Section 1. Title 1 Chapter 8 Interim Ordinance "Temporary suspension of applicable
zoning regulations relating to outdoor- dining and creating temporary administrative waiver of
expansion of on -sale liquor license sales during the COVID-19 public health emergency" of the
Albertville City Code is hereby added to read as follows:
1-8-1 Temporary suspension of applicable zoning regulations relating to outdoor dining
and creating temporary administrative waiver of expansion of on -sale liquor license sales during
the COVID-19 public health emergency.
A. Purpose. This interim ordinance establishing a temporary suspension of
applicable zoning regulations relating to outdoor dining is intended to assist
businesses that have been impacted by the temporary business closures
relating to COVID-19 pandemic. Minnesota Governor Walz issued Executive
Order 20-01 declaring an emergency due to the COVID-19 pandemic, which
has been extended by Executive Orders 20-35, 20-53 and 20-56 (collectively,
the "Governor's Orders"). The City Council declared a local emergency due
to COVID-19 pandemic on March 30, 2020 by adopting Proclamation No.
2020-01. The Governor's Orders have prohibited sit-down, dine -in service at
restaurants, which has threatened the economic health of many hospitality
businesses and the vitality of Albertville's businesses. Executive Order No.
20-56 outlines plans for bars and restaurants to open on June 1, 2020, for
outdoor service so long as certain conditions, including social distancing, are
maintained to prevent the spread of COVID-19. The city administers zoning
within the city and may regulate land use as part of the city's zoning authority.
Minnesota Statute § 462.355, Subd. 4, provides the city with authority to
adopt an interim ordinance to temporarily regulate activity. Under the current
city Zoning Code, parking signage, and other standards are imposed based
upon characteristics of the use. Reduced occupancy capacities will result in
excess parking supplies under the city Zoning Code. The city wishes to
provide dining establishments with added flexibility to establish temporary
outside seating in available parking areas, sidewalks or other adjacent open
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City of Albertville
Meeting of June 1, 2020
Ordinance No. 2020-03
Page 2
spaces. The city will examine the effects of additional outdoor dining and
modified parking supplies as a goal of this Interim Ordinance. The temporary
expansion of outdoor dining has the potential to create impacts on circulation
and traffic, firefighting, alcohol sales and consumption, and various other
areas of local regulation. There is a need for an interim ordinance to be
adopted for the purpose of protecting the planning process and the health,
safety, and welfare of the citizens of the City until such a study has been
completed.
B. Scope of interim ordinance. The Interim Ordinance shall be applicable to all
restaurants located in the Commercial and PUD zoning districts as well as
licensees holding On -Sale Liquor Licenses. This Interim Ordinance
temporarily suspends zoning regulations related to parking supply, temporary
signage, and the need to seek zoning permits (such as variances or
conditional use permits) for temporary outdoor dining areas, subject to the
terms of this Interim Ordinance, and administrative regulations which the
City finds necessary for the protection of public health, safety, and welfare.
C. Temporary outdoor dining permit. Temporary Outdoor Dining Permits
("TODP") to be granted allowing expansion of outdoor dining onto
sidewalks and/or parking lots. Business owners and licensees holding on -
sale liquor licenses may submit an application to the City which shall be
accompanied with the following:
Site Plan showing the premises, including the location of the
existing indoor facility, as well as the space proposed to be
occupied by the temporary outdoor dining. The temporary
outdoor dining area shall be physically enclosed with a
temporary fence and if liquor is to be served or consumed in the
outdoor dining area, such area must be contiguous to the building
containing the indoor licensed facility. The location of the
dining area shall not interfere with safe on -site traffic circulation.
2. Site Plan labeling shall illustrate table and seating areas,
pedestrian access ways, staff access ways, wait stations, trash
receptacles and other uses of the outdoor spaces. The pedestrian
access ways shall be designed to be disability accessible.
3. Operations plan that describes the means of complying with the
State of Minnesota guidelines for social distancing, dining area
capacity, hours of operation, other safety and sanitation measures
taken.
4. Seating capacity, in numbers of patrons that the TODP will
serve, not to exceed fifty (50) people.
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City of Albertville
Meeting of June 1, 2020
Ordinance No. 2020-03
Page 3
5. Structures, temporary or otherwise, proposed as a part of the
TODP operation.
6. Barrier placement and materials.
7. Parking spaces remaining after establishment of the TODP that
are typically available for use of the business.
S. Available disability parking locations, maintaining compliance
with disability parking requirements of the State.
9. Location of building fire connection, and evidence of continued
access.
10. Trash handling equipment and process.
11. Authorization from property owner, if different from business
owner.
12. COVID-19 Preparedness Plan.
13. Representation that applicant intends to comply with
Governor's Orders.
D. Procedure. The City Administrator or Administrator's designee shall review
the application against the criteria of this section. If approved, the City, the
City Administrator or Administrator's designee shall provide two (2) copies
of the written TODP outlining conditions of approval. Said TODP shall be
signed by both the City Administrator or Administrator's designee and the
applicant as an understanding of approval. One (1) copy shall be given to
the applicant and one (1) copy shall be kept on record at the city.
C. Denial. In the event the application fails to meet the purpose and intent or
the performance standards of this section, the City Administrator or
Administrator's designee shall provide the applicant a written notice of
denial. The applicant may appeal any administrative denial to the City
Council or pursue other available remedies through this Code.
E. Expanded liquor service area. The city may administratively approve a
temporary expansion of liquor license to allow for an expanded liquor
service area to on -site liquor license with an approved TODP consistent with
the limits and terms of this Interim Ordinance.
F. Performance standards. The City Council authorizes the City Administrator
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City of Albertville
Meeting of June 1, 2020
Ordinance No. 2020-03
Page 4
to promulgate regulations for applications for TODP and operational
requirements related to temporary outdoor dining areas authorized under this
Interim Ordinance including but not limited to:
1. The regulations shall address alterations to the use of the subject
properties, including the use of private parking spaces, green spaces,
or other potential use areas, and the provision of support facilities that
may be appropriate under the temporary conditions applying to the
property.
2. The regulations shall address additional temporary signage to be
allowed during the period this Interim Ordinance is in effect.
The regulations shall take into account other applicable codes and
public health and safety considerations, including alcohol licensing,
fire codes and protections, and other related building and zoning
regulations.
4. The regulations may account for potential use of public spaces for
Temporary Outdoor Dining Permits, including public parking lots,
rights of way, and open spaces, and how the city may accommodate
and regulate the private use of those spaces, if deemed reasonable and
appropriate.
5. Except where specifically noted herein, this Interim Ordinance shall
not be construed to waive or suspend any portions of the applicable
Building, Electrical, Plumbing, Fire, or Liquor Sales ordinances
currently in effect.
G. Process and Standards for review of a TODP application.
The applicant's request shall be consistent with the allowances and
intent of the Governor's Orders.
2. The applicant shall provide evidence of continued firefighting access,
and any requirements of State or local public safety
recommendations.
Each TODP location shall be entitled to up to two additional
temporary signs during the duration of the TODP, each sign to be
located on the premises of the applicant, and up to 32 square feet in
area.
Agenda Page 21
City of Albertville
Meeting of June 1, 2020
Ordinance No. 2020-03
Page 5
4. Each TODP applicant shall cooperate with public safety officials in
the application for said permit, and any modifications or changes
recommended as a part of the Permit review process.
5. If the applicant for a TODP is seeking the use of public land, the city
will balance the request against other competing uses, including other
applicant requests, to ensure reasonable access to public and private
facilities, public safety, and other public uses, including parking, open
space, or public improvements. The city reserves the right to
consider requests for public property use at its sole discretion and to
require a lease for the use of such space.
6. The city will expedite review and consideration of each TODP
application, understanding the nature of the current emergency, and
the need for local businesses to recover economically as soon as
possible.
H. Compliance with all other applicable laws. Any business in receipt of an
approved TODP under this Interim Ordinance shall be separately
responsible for obtaining any other permits or licenses necessary to legally
operate said business as proposed, including liquor licensing, Health
Department approvals, or any other approval.
I. Compliance with Governor's Orders. Business owners shall comply with
the terms of the Governor's Orders, including, but not limited to, the
following provisions:
Develop and implement a COVID-19 Preparedness Plan;
2. Open for outdoor dining or curbside pickup/delivery only.
Ensure at least 6 feet of distance with maximum on -premises capacity
to no more than 50 persons.
4. Limit table service to 4 persons, or 6 if part of one family unit.
5. Require reservations; do not allow walk-in customers.
6. Require masks or face shields to be worn by workers and strongly
recommend masks for all customers.
7 Establish regular disinfection routine and train workers.
J. Authority to amend regulations. The City Council retains the authority to
modify or amend the TODP regulations as a matter of course as they
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City of Albertville
Meeting of June 1, 2020
Ordinance No. 2020-03
Page 6
pertain to properties in general, or on a case -by -case basis to ensure
equitable application of the purposes of this Interim Ordinance.
K. Authority to amend TODP. The City Council shall have the authority to
modify or amend any approved TODP to promote the public health, safety,
and welfare, including termination of said TODP.
L. Authority to terminate TODP. The City Council shall have the authority to
terminate this Interim Ordinance at any time and for any purpose, including
changes to the State of Minnesota's Emergency Order.
M. Duration. This Interim Ordinance shall remain in effect until the adoption
of the official controls contemplated herein or until further Executive Order
from the Governor which will allow bars and restaurants to re -start indoor
food and beverage services, whichever occurs first, after which occurrence
this ordinance shall lapse, unless properly extended pursuant to state law.
Section 2. Effective Date. This Interim Ordinance shall be effective after its passage and
publication.
Adopted by the Albertville City Council this Is' day of June, 2020.
ATTEST:
Kimberly A. Hodena, City Clerk
Jillian Hendrickson, Mayor
Agenda Page 23
May 26, 2020
Mayor and City Councilmembers
c/o City Administrator-PWD Nafstad
5959 Main Avenue NE, PO Box 9
Albertville, NIN 55301
Dear Mayor and Council,
It is with deep regret that I ask you take this as my letter of resignation from my position as City
Clerk. Albertville is truly a gem of a city and I have been very proud to serve it. However,
there have been changes for me both personally and professionally, so I believe this to be in my
best interest and appreciate your understanding.
To provide a two week notice to the city, my last day will be Wednesday, June 10, 2020.
It has been an honor to work with the employees, business owners, residents and past/current
Councils and commissions. Thank you for the opportunity.
Sincerely,
Kimber Hodena
Agenda Page 24
Nbertvill-c
GENERAL ADMINISTRATION
City Administrator's Update
May 28, 2020
City Clerk: This past Tuesday I received a resignation letter and two week notice from Kim. The
Personnel Committee and staff will be reviewing both interim and permanent plans to backfill
the position.
Pandemic Response: We are working with a number of youth athletic groups and arena users
on return -to -play plans and anticipate field use to begin on June 1 and arena use to begin mid -
June.
Parks Committee: The Parks Committee will seek interested parties for the vacant seat on the
committee and offer a recommendation to the City Council at a future meeting.
Central Park Shelter: Work on the shelter is progressing well. The building materials and labor
are being funded by the Albertville Lions. The city is responsible for removals, utilities, site
concrete, and turf restoration.
2020 Elections: Work is ramping up for the 2020 Primary Election on August 11. Absentee
voting will begin on June 26. Staff is in the process of ordering supplies, adapting the absentee
areas to fit COVID-19 guidelines, training and other preparations.
Newsletter: The spring newsletter is expected to hit mailboxes next week.
ENGINEERING/PUBLIC WORKS
1-94 Project: We are working with MnDOT and the construction group on a number of utility
conflicts with the proposed pond on the old creamery site.
Kwik Trip: Kwik Trip is progressing well and working towards a July completion.
Goddard School: It is our understanding construction will begin the second week of June.
WWTP Forcemain Project: The contractor is working on a number of restoration items and will
be completing the project this month.
2020 Overlay: Construction began this week will draintile improvements at select locations.
Next week the contractor will continue with work on the 51 Street cul-de-sac and spot curb
replacement throughout the project area.
58th Street NE and Central Park Improvements: The project has been awarded and we are
working on contracts.
Agenda Page 25
CSAH 19 and 70th Street: Work is occurring throughout the project corridors. The Mall's
driveways are nearing completion and work on the CSAH 19 watermain is underway.
Attachments: None
City Administrator's Update Page 2 of 2 May 28, 2020
Agenda Page 26