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2021-08-02 City Council Agenda Packet A,lbertville City of Albertville Council Agenda Small Wing.Big City We. Monday, August 2, 2021 City Council Chambers 7 pm 6 pm —Council Workshop for 2022 Preliminary Budget— Council Chambers 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 Peres 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. Items pulled will be approved by a separate motion. A. Approve the July 19, 2021, Council Workshop minutes as presented. 3-4 B. Approve the July 19, 2021, regular City Council Meeting minutes as presented. 5-8 C. Authorize the Monday, August 2, 2021, payment of claims as presented, except bills 9 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. 7. Public Hearing -None 8. Wright County Sheriff's Office—Updates, reports, etc. A. Wright County Sheriff's Office Law Enforcement Services Contract for 2022-2023 10-14 (Motion to approve the Law Enforcement Services Contract with the Wright County Sheriffs Office for January 1, 2022 to December 31, 2023) 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc) B. Building -None City of Albertville City Council Agenda Monday, August 2, 2021 Page 2 of 2 C. City Clerk 1. Special Event Permit and Temporary Liquor License Application for the 15-18 Albertville Lions Classic Car event (Motion to approve a Special Event Permit and One-Day Temporary Liquor License for the Albertville Lions for their Annual Cruisin'& Rock'n Car Show on September 11, 2021 from 3 pm to 11 pm.) 2. Consider Amendment to Title 6, Chapter 2,Animal Control Ordinance 19-37 (Motion to adopt Ordinance No. 2021-11 amending Title 6, Chapter 2 of the Albertville City Code relating to Animal Control and authorize the publication of a summary ordinance.) D. Finance -None E. Fire 1. Otsego "Evaluation of and Planning for Future Fire Service Delivery Options" Study—Verbal Update F. Planning and Zoning 1. Pysk Property—Town Homes/Mixed Use Concept Plans 38-52 G. Public Works/Engineering -None H. Legal -None L Administration 1. Consider Participation in the Wright County Economic Development Authority 53-64 -tabled at the May 17,2021 City Council Meeting (Motion to adopt Resolution No. 2021-022 opting the City ofAlbertville to participate in the Wright County Economic Development Authority.) 2. City Owned Outlot(Outlot B Northwest Commercial Park)—Discussion regarding use and sale 3. City Administrator's Update 65 4. Closed Meeting to discuss the City of Albertville vs. Chuck Maeyaert Litigation 10. Announcements and/or Upcoming Meetings August 9 STMA Arena Board, 6 pm August 10 Planning Commission, 7 pm August 16 Council Budget Workshop, 6 pm August 16 City Council, 7 pm August 23 Joint Powers Water Board, 6 pm Parks Committee, 7 pm August 30 Joint Governance Meeting, 6 pm 11. Adjournment Alboertville 9 i9 Cfty ALBERTVILLE CITY COUNCIL WORKSHOP DRAFT MINUTES July 19, 2021 — 6 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the workshop to order at 6:04 pin. Present: Mayor Hendrickson, Councilmembers Cocking and Zagorski. Councilmember Hudson arrived at 6:43 pm. Absent: Councilmember Olson Staff Present: Chief Bullen, Finance Director Lannes and City Clerk Luedke. Others Present: Mr. Andy Berg and Mr. Tyler See 2. Long Range Plan Presentation by Abdo Eick & Meyers LLP Mr. Berg introduced the item and explained the process used in developing the City's Long Range Financial Plan. He answered questions from Council regarding the presentation. Mr. See presented the estimated property taxes through the year 2026 and provided details on the assumptions that ABDO and City staff reviewed for the projected numbers which included the tax levy information, tax rate comparison, cash balances and the debt balances. Mr. See also reviewed the capital outlay schedule through 2025 which included a proposed sewer project and two street reconstruction projects. He answered questions from Council. Finance Director Lannes and Chief Bullen answered questions from Council. The Council thanked Mr. Berg and Mr. See for their presentation. 3. 2022 Preliminary Budget Presentation Finance Director Lannes presented an overview of the budget process and indicated the preliminary budget must be approved by September 20, 2021. She said once the preliminary levy was approved that it cannot be increased after that; however,it could be reduced. Ms. Lannes also provided the budget history, the overview of 2022 preliminary tax levy and budget and the 2022 revenue and expense changes. She reported that the debt service levy increased by .64% ($4,804), the general operations levy increased by 4.77% ($107,270),the capital levy increased by 5.37% ($71,191) for a total projected levy increase of 4.25% ($183,265). She also provided details on the senior center/library operations and debt services,the law enforcement two year contract and answered questions from Council. There was Council discussion regarding the preliminary 2022 budget presentaiton. Agenda Page 3 City Council Workshop Draft Minutes Page 2 Meeting of July 19,2021 4. Adjournment MOTION made by Councilmember Zagorski, second by Councilmember Cocking to adjourn the meeting at 6 :47 pm. Ayes: Cocking, Hendrickson,Hudson and Zagorski. Nays: None. Absent: Olson. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk Agenda Page 4 lb£rtvill Sn-1 Town Wing.ft Oty Ws. ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES duly 19,2021 — 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7 pm. 2. Pledge of Allegiance— Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hudson and Zagorski Absent: Councilmember Olson Staff Present: Chief Bullen, City Attorney Couri, City Planner Brixius, Finance Director Lannes and City Clerk Luedke. 3. Recognitions — Presentations —Introductions —None 4. Public Forum Mr. Larry Lemieux, 6920 Lancaster Way NE,was present to discuss his request for street lights to be added to the alley behind his home. He said he was told when he moved in that lighting would be added to the area once more homes were built. He said residents are told in the meanwhile to leave their garage and front lights on at night. Mr. Lemieux felt this was not sufficient lighting nor was it cost effective and was concerned about home and car break-ins. He submitted a petition with the signatures of other concerned neighbors and answered questions from Council. City Attorney Couri said the alley is located on a private lot and recommended Mr. Lemieux contact his home association because the lot is their property. He reported that state law does not allow a City to add street lights on private property. Mayor Hendrickson said she would bring Mr. Lemieux's concerns to the next Home Association Board meeting and thanked he for attending the meeting. 5. Amendments to the Agenda City Attorney Couri requested the Developers Agreement be added to item F 1-Preserve at Albertville. MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to approve the July 19, 2021, agenda as amended. Ayes: Cocking, Hendrickson, Hudson and Zagorski.Nays: None. Absent: Olson. The motion carried. 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the June 21, 2021, Council Workshop minutes as presented. B. Approve the June 21, 2021, regular City Council Meeting minutes as presented. Agenda Page 5 City Council Meeting Draft Minutes Page 2 Regular Meeting of July 19,2021 6. Consent Agenda—continued C. Authorize the Monday, July 19, 2021, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. D. Authorize the hiring of Sharon Olson for the position of Reserve Firefighter with the Albertville Fire Department. E. Adopt Resolution No. 2021-030 approving an off-site lawful gambling permit for the Rockford Lions Club for Cedar Creek Golf Course on September 11, 2021 F. Accept Accounts Receivable Report. G. Accept 2nd Quarter Budget to Actual Report. H. Adopt Resolution No. 2021-031 ending the declaration of the City's local emergency and rescinding Resolution No. 2020-12 authorizing paid administrative leave during the local emergency. I. Release $2,500 escrow for Karston Cove 5th Addition, conditioned on any outstanding balances owed to the City being paid in full. MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to approve the July 19, 2021, Consent Agenda as presented. Ayes: Cocking,Hendrickson, Hudson and Zagorski. Nays: None. Absent: Olson. The motion carried. 7. Public Hearing—None 8. Wright County Sheriff's Office—Updates,reports, etc. There were no updates from the Wright County Sheriff's Office. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena,Planning, JPWB,Parks, Fire Board, FYCC) Councilmember Zagorski provided an update from the Planning Commission meeting and said that the Planning Commission recommended approval of the Hen and Hog's CUP for the outdoor dining. He said he also attended the Joint Water Board meeting and provided a brief update. B. Building—None C. City Clerk 1. Special Event Permit Application for the Family Youth Community Connections Open Streets Event City Clerk Luedke presented the staff report which included details on the FYCC Open Streets event and the requested street closures. She answered questions from Council. City Attorney Couri answered questions from Council regarding the approval process for street closures and said the Council is the City's road authority and is the only body that can approve a road close unless it is a public emergency. Chief Bullen said City staff was in the process of working on standard guidelines to be used for all future road closure requests. Agenda Page 6 City Council Meeting Draft Minutes Page 3 Regular Meeting of July 19,2021 1. Special Event Permit Application -continued MOTION made by Councilmember Zagorski, seconded by Councilmember Cocking to approve a Special Event Permit for Family Youth Community Connections for their 7th Annual Open Streets event on September 11, 2021 from 10 am to 2 pm. Ayes: Cocking, Hendrickson, Hudson and Zagorski. Nays: None. Absent: Olson. The motion carried. 2. Set Joint Governance Meeting with City of St. Michael and STMA School Board MOTION made by Mayor Hendrickson, seconded by Councilmember Hudson to set the Joint Governance Meeting for August 30, 2021 at 6 pm in the STMA Board Room at STMA Middle School West. Ayes: Cocking, Hendrickson, Hudson and Zagorski.Nays: None. Absent: Olson. The motion carried. D. Finance—None E. Fire—None F. Planning and Zoning 1. Preserve At Albertville—Amend Zoning Map, Create PAA-PUD Zoning District, Final Plat and PUD Final Stage City Planner Brixius presented the staff report which included background information on the project, the dimensions and setbacks of the lots, the proposed home designs and amenities and the future uses of the outlots. He added that he had included the zoning map amendment and approval of the district again due to changes between the preliminary and final plat. He reported that language was added to the Developer's Agreement to address the Council's previous concerns regarding any future sale of individual lots and answered questions from Council. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt Resolution No. 2021-032 approving the request of Integrate Properties for a Zoning Map Amendment, Zoning Text Amendment, Final Plat and PUD Final Stage for the project entitled Preserve at Albertville. Ayes: Cocking, Hendrickson, Hudson and Zagorski. Nays: None. Absent: Olson. The motion carried. City Attorney Couri introduced the Planned Unit Development Agreement with the Preserve At Albertville and said he had sent the agreement to the developers for their review. He added that the developer's attorney was on vacation and had not had a chance to review it yet so there may be some minor changes. Mr. Couri highlighted various conditions of the development agreement and answered questions from Council. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to approve the Planned Unit Development Agreement with Preserve at Albertville subject to minor changes from the City Attorney and City Engineer. Ayes: Cocking, Hendrickson, Hudson and Zagorski. Nays: None. Absent: Olson. The motion carried. 2. Consider Conditional Use Permit request from the Hen and Hog Restaurant to Allow Outdoor Dining City Planner Brixius presented the staff report which included details on the proposed seating area, the fencing and outdoor lighting to be used. He said the Planning Commission recommended approval of the Conditional Use Permit for the Hen and Hog to allow for outdoor dining. Agenda Page 7 City Council Meeting Draft Minutes Page 4 Regular Meeting of July 19,2021 2. Consider CUP request from the Hen and Hog Restaurant- continued MOTION made by Councilmember Zagorski, seconded by Councilmember Hudson to adopt Resolution No. 2021-033 approving a Conditional Use Permit for outdoor dining for Hen and Hog Restaurant/Shoppes at Prairie Run located at 5262 Kyler Avenue. Ayes: Cocking, Hendrickson, Hudson and Zagorski.Nays: None. Absent: Olson. The motion carried. G. Public Works/Engineering—None H. Legal—None I. Administration 1. City of Administrator's Update Councilmember Hudson asked about the status of the dog licensing ordinance amendments. City Clerk Luedke said that the item would be presented at the next City Council meeting. Announcements and/or Upcoming Meetings July 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm August 2 Council Budget Workshop, 6 pm August 2 City Council, 7 pm August 9 STMA Arena Board, 6 pm August 10 Planning Commission, 7 pm August 16 Council Budget Workshop, 6 pm August 16 City Council, 7 pm 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Zagorski to adjourn the meeting at 7:40 pm. Ayes: Cocking, Hendrickson, Hudson and Zagorski. Nays: None. Absent: Olson. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk Agenda Page 8 �lbcrtviljc Mayor and Council Request for Action I f August 2, 2021 SUBJECT: CONSENT-FINANCE—PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, August 2, 2021,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 determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 9 S-11T°W"L""9.Big City u". Mayor and Council Request for Action August 2,2021 SUBJECT: WRIGHT COUNTY LAW ENFORCEMENT CONTRACT FOR 2022-2023 RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve the Law Enforcement Services Contract with the Wright County Sheriff's Office for January 1, 2022 to December 31, 2023. BACKGROUND: The Wright County Sheriff's Office has provided contracted law enforcement services to the City of Albertville for many years. Albertville currently contracts for 28 hours per day coverage. KEY ISSUES: • The attached contract is for services for 2022 and 2023 and includes 28-hour per day coverage from January 1, 2022 to December 31, 2023. An increase for additional hours has not been recommended. • The contract allows for $84.20 per hour for law enforcement services for the 2022 year and $86.75 per hour during 2023. The rates for 2020 and 2021 were $78.25 and $81.75 respectively. This is approximately a 3% increase from 2021 to 2022 and a 3% increase from 2022 to 2023. • If the salaries of the Deputy Sheriffs increase during the course of the contract, the hourly rate will not change for 2022 and 2023. • The contract provides 24-hour call and general service. • The number of hours of service to be provided shall be 10,220 annually. POLICY CONSIDERATIONS: It is the City's policy to evaluate and consider contracts on a case by case basis. FINANCIAL CONSIDERATIONS: The contract cost for law enforcement in 2022 is $860,524 which is included in the 2022 Budget. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve and amend agreements that the City enters into pursuant to Minnesota State Law. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • 2022 to 2023 Law Enforcement Contract Agenda Page 10 LAW ENFORCEMENT CONTRACT THIS AGREEMENT made and entered on this _ __ day of 2021, by and between the COUNTY OF WRIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as "County" and the CITY OF ALBERTVILLE hereinafter referred to as the "Municipality" WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County for the performance of the hereinafter described law enforcement protection within the corporate limits of said municipality through the County Sheriff; and WHEREAS, the County is agreeable to rendering such services and protection on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by the provision of Minnesota Statutes 471.59 and Minnesota Statutes 436.05; NOW THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants herein contained, it is agreed as follows: I. That the County by way of the Sheriff agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth: a. Except as otherwise hereinafter specifically set forth, such services shall encompass only duties and functions of the type of coming within the jurisdiction of the Wright County Sheriff pursuant to Minnesota Laws and Statutes. b. Except as otherwise hereinafter provided for, the standard level of service provided shall be the same basic level of service which is provided for the unincorporated areas of the County of Wright, State of Minnesota. 1 Agenda Page 11 c. The rendition of services, the standard of performance, the discipline of the officers, and other matters incident to the performance of such services and control of personnel so employed shall remain in and under the control of the Sheriff. d. Services purchased pursuant to this contract shall include enforcement of Minnesota State Statutes, including but not limited to the Traffic Code and the Criminal Code, as well as all local ordinances enacted in conformance therewith. Statutes and ordinances which prescribe enforcement by a different authority; i.e., the State Electrical Code, the Uniform Building Code, etc., shall be excluded from this agreement. Ordinances pertaining exclusively to purely local city management matters; i.e., sewer and water collection, etc., shall be excluded from this agreement. The Municipality shall be responsible for enforcement of the Municipal Zoning Code except that the Sheriff will enforce the nuisance ordinances conforming to State law;i.e.,junk cars,etc.and traffic ordinances; i.e., parking and erratic driving. 2. That it is agreed that the Sheriff shall have full cooperation and assistance from the Municipality, its officers, agents, and employees so as to facilitate the performance of this agreement. In order to facilitate a local presence of Sheriff's Deputies, the Municipality shall, if requested by the Sheriff, provide a secure office for the Sheriff's Deputies having adequate space for two desks with chairs, limited public visibility, a local telephone line and an internet connection. The Municipality shall allow a sign indicating the location of its Sheriff's substation with appropriate telephone numbers to be displayed on the exterior of the building. 3. That the County shall furnish and supply all necessary labor, supervision, equipment, communication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain the level of service to be rendered herein. 4. The Municipality shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County. 5. The Municipality shall not be liable for compensation or indemnity to any of the Sheriff's employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless the Municipality against any such claims. 6. The County, Sheriff,his officers, and employees shall not be deemed to assume any liability for intentional or negligent acts of said Municipality or any officer, agent, or employee thereof. 7. This agreement shall be effective from January 1, 2022,to December 31,2023. 2 Agenda Page 12 8. The Municipality agrees to pay to the County the sum of$84.20 per hour for law enforcement protection during the calendar year 2022 and$86.75 per hour during the calendar year 2023. If salaries of Deputy Sheriffs are increased at any time during the term of this contract, the hourly rate of this contract shall not be increased. 9. The number of hours of service to be provided pursuant to this contract are as follows: and shall provide 24-hour call and general service. The Municipality shall notify the County in writing prior to August 15 regarding any change in the number of hours for the subsequent year. 10. The County shall provide for all costs and prosecution efforts with the respect to violations charged by the Sheriff in the performance of this agreement. All fines arising from such prosecutions shall accrue to the County. Violations of municipal ordinances excluded from enforcement by this agreement shall be prosecuted by the Municipality at its expense. All fines arising from the city prosecutions shall accrue to the Municipality unless otherwise provided by law. 11. Pursuant to law, the County Auditor/Treasurer shall remit to the Municipality its share of all fines collected. The Municipality shall return to the County within 30 days all fine money attributable to prosecutions initiated by the Sheriff in accord with Paragraph 11 of this contract. The Municipality shall keep and retain any fine money submitted by the Auditor/Treasurer attributable to prosecutions initiated by the Municipality. 12. For the purpose of maintaining cooperation, local control and general information on existing complaints and problems in said Municipality, one member of the Municipal Council, the Mayor or other person or persons shall be appointed by said Council to act as police commissioner(s)for said Municipality and shall make periodic contacts with and attend meetings with the Sheriff or his office in relation to the contract herein. 13. The County shall save,hold harmless and defend the City from any and all claims arising from the acts or omissions, including intentional acts and negligence, committed by employees or agents of the County or Sheriff while in the performance of duties in furtherance of this contract. 3 Agenda Page 13 IN WITNESS WHEREOF, The Municipality, by resolution duly adopted by it governing body, caused this agreement to be signed by its Mayor and attested by its Clerk; and the County of Wright,by the County Board of Commissioners, has caused this agreement to be signed by the Chairman and Clerk of said Board, and by the Wright County Sheriff, effective on the day and year first above written. CITY OF ALBERTVILLE Dated: Mayor ATTEST: Clerk WRIGHT COUNTY Dated: Mark Daleiden,Wright County Board Chair ATTEST: Lee Kelly, County Coordinator Dated: Sean Derringer, ght County Sheriff Approved as to form and execution: Brian Lutes, Wright County Attorney 4 Agenda Page 14 lbertvifle ma own Mayor and Council Request for Action August 2, 2021 SUBJECT: CITY CLERK—SPECIAL EVENT PERMIT AND TEMPORARY LIQUOR LICENSE APPLICATION FOR THE ALBERTVILLE LIONS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve a Special Event Permit and One-Day Temporary Liquor License for the Albertville Lions for their Annual Cruisin' & Rock'n Car Show on September 11, 2021 from 3 pm to 11 pm. BACKGROUND: The Albertville Lions have submitted a special event permit and temporary liquor license application for their annual classic car show to be held on Saturday, September 11, 2021. The event will be held in the Albertville Central Park area including the Farmer's Market Pavilion and the Depot. The surrounding parking areas, all 58th Street NE, as well as Lander Avenue NE from 581h Street NE to 5794 Lander Avenue NE will be utilized for the staging of the car show vehicles. The event set up will begin immediately following the Open Streets event. The car show will include a variety of food options and live music. KEY ISSUES: • The annual car show event will take place in Central Park, the Farmer's Market Pavilion and the Depot. The surrounding parking areas including all of 58th Street NE, as well as Lander Avenue NE from 58th Street NE to 5794 Lander Avenue NE will be used to stage the car show vehicles. The Lions are requesting to close these streets during the event. • The Albertville Lions volunteers will be directing traffic and will be responsible for the traffic barricades to accommodate the temporary road closure. Staff will include the new City's road closure guidelines as a conditions for the event to follow. • The event will end at 10 pm but the Lions are requesting extended park hours until 11 pm for the event clean up. • The Lions have also submitted a one-day temporary liquor license application for the event and has provided the required certificate of liability insurance. • The estimate attendance at the event will be between 300 and 500 people. • The Lions will contact the Main Avenue businesses of the Dance Studio, 152 Club, Geez, and Neighbors and the surrounding area prior to the event. • Outdoor special events shall only occur between April 1 to November 1 of each year. POLICY/PRACTICES CONSIDERATIONS: Special events permits, temporary liquor licenses and street closure requests are subject to the approval of the Albertville City Council. LEGAL CONSIDERATIONS: The applicant shall comply with the regulations for a special event permit and a temporary liquor license. Department/Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Agenda Page 15 Mayor and Council Request for Action—August 2, 2021 Special Event Permit for Albertville Lions Page 2 of 2 Attachments: • Albertville Lions Narrative and Map • The special event permit application is on file in the City Clerk's Office and is available upon request. Agenda Page 16 7/28/2021 Albertville City Council 5959 Main Ave NE Albertville, MN 55301 Members of the City Council, Please find the attached Special Event Permit Application for the Albertville Lions to host the annual Cruisin' & Rock'n Car Show on Saturday, September 11, 2021, from 15:00 to 22:00. The Albertville Lions anticipate between 300 and 500 guests throughout the evening. This event will take place at Albertville's Central Park area including the Farmer's Market Pavilion and the Depot. The surrounding parking areas, all 58t" St NE, as well as Lander Ave NE from 58t" Street NE to 5794 Lander Ave NE will be utilized for the staging of car show vehicles (see detail below). Setup of the event will begin immediately after the Open Streets has concluded and the areas become available, estimated around 14:30. The car show officially begins at 15:00,where the Albertville Lions will provide directive to all car show vehicles for parking. Live music will begin at 15:00 and play through the evening, ending by 22:00. Event tear down will conclude by 22:30. Throughout the afternoon,the Albertville Lions will be serving a variety of foods including pulled pork sandwiches, hamburgers, hotdogs, and more out of their food trailer. Additionally,the Albertville Lions will be providing beverages including water, soda, beer, and seltzer. The application to serve alcoholic beverages has been submitted. The live entertainment providers will utilize the stage located at the Depot. The Albertville Lions will be renting auxiliary lighting to ensure adequate event lighting. Trash receptacles and portable toilets will be provided accordingly. The Albertville Lions volunteers will be directing traffic to the appropriate parking areas for show vehicles. The Lions will also be responsible for traffic barricades to accommodate the temporary road closures. The Albertville Lions have been informed that their insurance certificate that was submitted prior to Albertville Friendly City Days is still valid. If an updated copy is needed, please reach out and I will provide one. Please see the below map indicating the location of the event and additional event details. If you have any questions or concerns regarding this event, please let me know. Thank you for your consideration, Lion Kerry Mielke Agenda Page 17 �_ •. `ems. 1� ._ �. 1 ` Portable sh°dam toilets col Sta of Lions food Sh trailer `a'r IN SSG 4v Cal 1� Agenda Page 18 �lbcrtvillc Mayor and Council Request for Action August 2, 2021 SUBJECT: CITY CLERK—CONSIDER AMENDMENTS TO TITLE 6, CHAPTER 2, ANIMAL CONTROL ORDINANCE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Ordinance No. 2021-11, amending Title 6, Chapter 2 of the Albertville City Code relating to Animal Control and authorize the publication of a summary ordinance. BACKGROUND: The number of Albertville residents licensing their dogs has declined with only a small percentage of households licensing their dogs and the fees collected annually do not cover the costs associated with the licensing or other costs associated with animal control. At the May 17, 2021 City Council meeting, the Council discussed the dog licensing process, the number of dogs currently licensed and the costs associated with the process. The Council directed City staff to draft an amendment to the City Code section regarding the dog license requirements. In conjunction with the amendment to eliminate the dog licensing section, City staff is also recommending amending the ordinance to include language regarding the enforcement of the dangerous dog laws and other minor changes. KEY ISSUES: • The current Albertville's City Code requires all dogs over 6 months of age to be licensed by the City but only a small percentage of dog owners are licensing their dogs through the City. • The fees collected annually for licensing dogs does not cover the City's costs associated with the licensing • The ordinance amendment will require dog and cats to have some type of identification to assist animal control in contacting owners. • The provisions of Minn. Stat. Chapter and Wright County Ordinance 10-01 will be adopted by reference to be administered and enforced by the City's Animal Control Authority and Wright County Sheriff's office. POLICY/PRACTICES CONSIDERATIONS: Whether the Council would like to amend the City Code regarding the regulations of dogs in the City of Albertville. FINANCIAL CONSIDERATIONS: On average the City collects $1,420 a year in animal license fees. The fees collected annually do not cover the costs associated with the licensing (animal tags, staff time, etc.) or other costs associated with animal control. LEGAL CONSIDERATIONS: The City Council has the authority to consider and approve City licenses and amendments to the Albertville City Code. Agenda Page 19 Mayor and Council Request for Action—August 2,2021 Adopt Amendments to Animal Control Ordinance Page 2 of 2 Department/Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Title 6, Chapter 2 Animal Control underline/overstrike • Ordinance 2021-11 amending the Albertville City Code Title 6, Chapter 2 relating to Animal Control • Summary Ordinance 2021-11 Agenda Page 20 CHAPTER 2 ANIMAL CONTROL SECTION: 6-2-1: Definitions 6-2-2: A-;--] r�r,.�1 nF�; , Animal Control Authority 6-2-3: Limits Of Dogs On One Property 6-2-4: Identification Required 6-2-54: Dogs At Large Prohibited 6-2-6-5: Abandonment Of Animals Prohibited 6-2-76: Rabies Control 6-2-8-7: Diseased Or Dangerous Animals 6-2-9: Confinement Of Animals That Bite 6-2-10: Wild Or Vicious Animals Prohibited 6-2-11: Nuisance,Vicious Animals 6-2-12: Dogs Disturbing The Peace 6-2-13: Impoundment Of Dogs 6-2-14: Redemption Of Impounded Animals 6-2-15: Excrement Removal 6-2-16: Commercial Kennels 6-2-17: Private Kennels (Rep. by Ord. 2018-07, 3-5-2018) 6-2-18: Maintenance, Location,And Condition Of Animal Quarters And Commercial Kennels 6-2-19: Dangerous or Potentially Dangerous Dogs 6-2-2043: Enforcement 6-2-21-0: Records Kept 6-2-2224: Misdemeanor Violation; Penalties 6-2-1: DEFINITIONS: Unless the context clearly indicates otherwise,the words, combination of words,terms, and phrases as used in this chapter shall have the meanings set forth as follows: ALTERED- Spayed female, A4:neuter-ed male dog ai,er-si*(6)menths of age. ANIMAL CONTROL AUTHORITY: A person employed by or under contract with the City or Wright County who is responsible for animal control enforcement and investigating noise complaints, including all on duty Wright County Deputies and the Wright County Sheriff while operating in the City. AT LARGE: A dog is "at large" when it is off the property of the person owning,harboring, or keeping said dog, and it is not under restraint by a leash not exceeding six(6) feet in length or within a vehicle being driven or parked on a street or within the property limits of the owner's premises. CAT: Both the male and female of the Felidae species commonly accepted as domesticated household pets. CITATION: A notice or complaint issued by the Animal Control Authority to the owner of any animal apprising said owner of one or more violations of this chapter. DOG: Any animal i ,.1, 1 A ra4 of the speeies(finis f+ni1;,,,-.,. Both male and female of the canine species commonly accepted as domesticated household pets. KENNEL, COMMERCIAL: Any place where: a)more than two (2) dogs over six(6)months of age are owned, kept,boarded, or bred for purposes of sale; or b)more than two (2) dogs over six(6)months of age and owned by persons other than the kennel owner are kept or boarded for a fee or other remuneration. KENNEL RUN: Enclosed area, indoor or outdoor,whereupon animals are kept to allow such animals to exercise. OWNER: Any person owning,keeping,harboring, or acting as custodian of a dog or other domesticated animal. PERSON: One or more natural persons; a partnership, including a limited partnership; a corporation; a trust; or any other business organization or association. Agenda Page 21 Animal Control Section -2- PET S14OP: A plaee kept or-maintained for-the e��ibitien for- > > ea4s, rabbits A-F ot-heffl-: animals, or-any birds,r-eptiles or-fish. Pet shops may ineltide ineidental animal gr-ooming adoption > > > SP PREMISES: Any building, structure, shelter, or land where on dogs or other animals are kept or confined. PUBLIC NUISANCE ANIMAL OR ANIMALS: Any animal which: A. If a dog, is repeatedly found at large. B. Damages the property of anyone other than its owner. C. Is a vicious animal. D. Causes fouling of the air by odor. E. Causes unsanitary conditions of enclosures or surroundings. F. By virtue of number or types of animals maintained, is offensive or dangerous to the public health, safety, or welfare. G. Excessively makes disturbing noises.] H. Molests passersby or passing vehicles. I. Attacks other domestic animals. 1. See also subsection 5-5-2K of this code. SERVICE ANIMAL: An animal that is individually trained to do work or perform tasks for people with disabilities. Service animals are working animals,not pets. A service animal must have completed a skills test and be recognized by a professional training service as a service animal. A dog whose sole function is to provide comfort or emotional support does not qualify as a service animal. UNDER RESTRAINT: A dog is "under restraint" if it is on the premises of the person harboring or keeping the dog; if it is within a private motor vehicle of a person owning,harboring, or keeping the dog; or if it is controlled by a leash not exceeding six feet (6)in length. VETERINARY CLINIC HOSPITAL: Place for the treatment,hospitalization, surgery, care, and boarding of animals,which place is owned and operated by a licensed veterinarian. VICIOUS ANIMAL OR ANIMALS: Any animal or animals which constitute a physical threat to human beings or other animals by virtue of one or more attacks of such severity as to cause property damage or physical injury, however slight. 6-2-2: ANIMAL CONTROL OFFICER; ANIMAL CONTROL AUTHORITY: A Animal Gentfel O ffieefor-Animal a Gent-el A„Ae fig The City Council may appoint or designate an Animal Gontfel O ffiee-or-Animal Control Authority to enforce the provisions of this chapter and to perform such duties in connection with the enforcement hereof as the City Administrator or this Code may direct. The City Administrator may authorize, at times as he or she may deem necessM, persons to be designated under Animal Control Authority purchase equipment for the purpose of capturing and convey to o an animal pound all animals in violation of this Code. B. The designee shall under the supervision of the Animal Control Authority and the City Administrator may be authorized to issue violation tags and to carry and display ppropriate badges or identification. B. 1. , a4 stie-h-tim-eas as he or-she may Attther-ity is atAer-ized to issue viela4ien tags and to eaffy and display appropriate badges or- i rti fieatio C. -2-No person shall in any manner molest,hinder, or interfere with the Animal Control Authority employed directly or by contract with the City to capture animals and convey them to the animal pound while such person is engaged in such occupation. Agenda Page 22 Animal Control Section -3- 6-2-3: DOG LICENSING PROVISIONS: LIMITS OF DOGS ON ONE PROPERTY: No person shall own,harbor, or keep upon their premises more than two (2) dogs over the age of six (6) months at one time. A grope . may contain three (3) dogs if one or more are service animals as defined in this chapter. t4e City Gle+4,who shall keep a r-eeor--d-of-All lie-e-n-ses issued--A:-n-d- sh-All issue a metal tag e-A OV OV en-s A. hieeffse Re"ife& NE) pefsen shall keep any deg within the City witheti4 seetti4ng a lieeffse t4er-efef fr-em B. Fees And Appliea4ion Re"ir-etnents� it shall be feqttifed of eaeh per-se*owning,keeping, of hafb aPPjjea4j0fj f4ff 19-40-4-- ISL—All in-elud-e -A st-Ateffl-ent, signed by the per-son applying for-the lieense,A"ieh da4e of appliea4ien. Upon feeeipt of the lieense fee and the signed appliea4iea,the City Admiiiistfa4o Finanee Difeetef shall e�Eeeti4e the r-eeeipt in duplieate,the original of whieh shall be given to the per-s whe pays the fee. The dtipliea4e shall be retained in the r-eeE)fds of the City Admiffistfater, This r-eeeipt shall desefibe the deg as to eE)!E)r-,breed, age, se�E, and weight. Any wN%er-shall pr-edttee for-inspeetion the lieense stieh tag to the pef son paying the lieense fee. it shall be the fespensibility Of the OWffef Of the dE)g f0f W4ieh said tag was obtained to pefmaneftfly at4aeh the tag to the eellar-of the deg iff stieh ffla-flnef tha4 the tag ffh�y be readily seen. The tag is not 4ansfefa-ble to afty other-deg E)r-to a new &,N%ef of the deg. if a tag is lest E)r-- stelen,the owner-ma-y obtaiff a new tag by stiffendefing the lieense r-eeeipt for-the first tag and by pa.7*..I additional fee as established in seetion 3-1 3 of this1 a 1-10-Authorrize-d-use- of Dog J=iee+ise Reeeipts, Tags m4d 4 s4fl-All be un-l-WIA14AR! for-any per-son to use F-. hieense himi:L E�Eeept for-eemmer-eial kennels,nE) pfopefty shall eentain mer-e thaft twe (2) degs ever- defined in this e tef. (O d. 2018 0, 3 5-2018) 6-2-4: IDENTIFICATION REQUIRED: All dogs and cats are required to have some identification on them that would assist animal control in contacting the owner. Identification allowed under this subdivision include microchips,veterinarian issued rabies certificates, or any tags or collars with contact information and phone number(s) inscribed on it. 6-2-54: DOGS AT LARGE PROHIBITED: No dog shall be allowed by its owner to run at large, and every owner of a dog shall cause the same to be: A. Confined to the owner's property by training, fencing, or leashing, and females in heat shall be confined in an enclosure and so kept and confined therein during such entire period and until such dogs shall not attract other dogs on account thereof. B. While in any public place, such as a school,playground, or a park,to be on a leash, chain, or cord of not more than six feet(6)in length and in the custody of a person of sufficient age to adequately control the dog at all times. C. While in all other areas, such as on a public street or in an automobile,to be in the custody of a person of sufficient age to adequately control the dog at all times, and to have and keep said dog under control. 6-2-6-5: ABANDONMENT OF ANIMALS PROHIBITED: It shall be unlawful to abandon any dog or other animal within the City. 6-2-76: RABIES CONTROL: A Vaccination of Dogs And Cats Required: agenda Page 23 Animal Control Section -4- 1. All dogs and cats over the age of six 6)months,kept,harbored,maintained or transported within the City shall have current vaccinations given by a licensed veterinarian for rabies. 2. A copy of certificate of vaccination shall be provided to the Animal Control Authority or designee upon request. keep,No per-son shall > of mai > > e€�ge tinless said dog er-ea4 has been (3)menths of age and before 93tff(4)menths of age,the dog or-ea4 shall be first vaeeina4ed vvith an appfeved rabies vaeeine. A4hin twelve (12)menths after-its original vaeeina4iefl,the dog or-eat shaU booster-vaeeina4iens in the manttfitettffer-'s speeifiea4iens for-thp, 'iettsly used. All rabies B. Impoundment and Confinement of Rabies Suspects: 1. Any dog or cat not vaccinated in accordance with subsection A of this section which has bitten any person and caused an abrasion or puncture of the skin of such person shall be seized and impounded under the supervision of a licensed veterinarian or at the City contract kennel facility for a period of not less than ten (10) days. If, after a complete examination by a veterinarian,the dog or cat has no clinical sign of rabies,it may be released to the owner upon the condition that the owner have the animal vaccinated as required by subsection A of this section ter. In the case of a stray,the animal shall be disposed of in accordance with the applicable laws. It shall be unlawful for any owner or person having custody or control of any dog or cat not vaccinated in accordance with subsection A of this section and which has bitten any person to refuse to release such dog or cat and make it immediately available to the Animal Control Authority for the purpose of quarantine. 2. Any dog or cat vaccinated in accordance with subsection A of this section which has bitten any person shall be confined by the owner or other responsible person in such manner as the Animal Control Authority may direct and for a period of not less than ten (10) days. The Animal Control Authority or authorized representative shall conduct a midterm and terminal examination of the animal. If no signs of rabies are observed by the Animal Control Authority,the dog or cat may be released from confinement. It shall be unlawful for any owner or person in custody or control of any vaccinated dog or cat which has bitten any person to refuse or fail to quarantine such dog or cat as required by this subsection B2. The Animal Control Authority, or his/her agent, shall seize any dog or cat not quarantined in accordance with this subsection B2. 3. Any other animal which has bitten any person and caused an abrasion or puncture of the skin of such person shall be seized and impounded under the supervision of a licensed veterinarian or at the City contract kennel facility for a period of not less than ten (10) days. If, after a complete examination by a veterinarian,the animal has no clinical signs of rabies,the animal may,with the approval of the Animal Control Authority,be released to the owner. In the case of an unclaimed animal, it shall be disposed of in accordance with applicable laws. It shall be unlawful for any owner or person in custody or control of any animal which has bitten any person to refuse to release such animal and make it immediately available to the Animal Control Authority for the purpose of quarantine. 4. Any rabies suspect impounded or confined under this subsection which is found to be sick or diseased shall be reported immediately in writing to the Animal Control Authority by the attending veterinarian or operator of the quarantine facility. The Animal Control Authority shall then take possession of such animal for the purpose of determining if it is suffering from rabies. 6-2-8-7: DISEASED OR DANGEROUS ANIMALS: A Any dog or other animal displaying symptoms of being rabid may be seized at any place or time and shall be confined in the city dog pound, or other appropriate place designated for such purpose by the Council from time to time, at the expense of the owner,until found to be free from rabies. B. If any dog or other animal appears to be diseased,vicious,dangerous,rabid, or has been exposed to rabies, and such dog or other animal cannot be taken up and impounded without serious risk, such dog or other animal may be killed if reasonably necessarA "vj§ of any person or persons. Animal Control Section -5- C. When any dog or other animal has bitten any person,wherein the skin has been punctured or the services of a doctor are required, a report of the incident shall be made to the Animal Control Authority by the owner or custodian of the biting dog or animal or the person bitten or his/her parent or guardian within twenty four (24)hours of the bite. 6 2 4. n SERRATED! (n,-,a 2010 001 6 7 2019) 6-2-9: CONFINEMENT OF ANIMALS THAT BITE: Every fierce, dangerous, or vicious animal, including dogs,that has a history of biting a human or any domestic animal shall be confined by the owner within a building or secure,covered enclosure. Such animal shall not be taken out of such building or secure, covered enclosure unless muzzled and on a leash. 6-2-10: WILD OR VICIOUS ANIMALS PROHIBITED: No person shall keep or allow to be kept any place in the City an animal of a ferocious or vicious character, habit, or disposition, or any animal which is wild by nature. 6-2-11: NUISANCE,VICIOUS ANIMALS: No person shall keep, own,harbor, or otherwise possess within the City an animal which is a public nuisance animal or vicious animal. 6-2-12: DOGS DISTURBING THE PEACE: It shall be unlawful for any person to own,keep,have in possession, or harbor any dog ea*ine,which shall by any noise,unreasonably or excessively disturb the peace and quiet of any person in the vicinity.] including habitual barking which shall be defined as barking or cry for or repeated intervals of at least three (3)minutes with one (1)minute or less of interruption. Such barking must also be audible off of the owner's or caretaker's premises. w4iieh howls,yelps, or-bafks to the reasonable anneyanee of another-per-son or- . Any person violating this section who,upon first request by an Animal Control Authority or any duly authorized assistant to stop or prevent the unreasonably or excessively disturb the peace ate,refuses to comply with the request,will be issued a citation; and if the offieer authorily deems it necessary to stop the unreasonably or excessively disturb the peace ate,he/she may have the dog eamae taken to the City animal pound. Any dog eaniee placed in the pound may be reclaimed by the owner upon payment of the fee prescribed. If not reclaimed, it may be disposed of in the proper manner. It shall not be violation of this section if the dog was barking, crag or making other noise due to harassment or injury to the dog or a trespass upon the premises where the dog is located. 1. See also subsection 5-5-2K of this code. 6-2-13: IMPOUNDMENT OF DOGS: A. The Animal Control Authority shall seize and impound any dogs running at large^r any dons F„„a in the City withe„A the tan provided by this ehaptef. To enforce this chapter,the Animal Control Authority may enter upon any private premises in pursuit of a dog running at large. It shall be unlawful for any person or persons to interfere with the Animal Control Authority engaged in taking a dog hereunder for impounding or to refuse to surrender a dog to the animal warden for confinement as required. B. The Animal Control Authority may seize or impound any dog found astray on public property or claimed to be astray by the owner of the premises upon which such animal may be found; provided,that the owner of the premises demands such seizure or impoundment and agrees in writing to indemnify and hold harmless the City from any claim for damages by the owner of said dog. Disposition of such impounded stray shall thereafter be pursuant to the provisions of this chapter. 6-2-14: REDEMPTION OF IMPOUNDED ANIMALS: A. Fees: The owner or harborer of dogs, cats and other animals impounded shall be liable for all of the following fees: 1. Animal capture fee as established in section 3-1-3 of this code. 2. Impoundment fees incurred by the City for boarding and keeping the animal while impounded. 3. Charges and fees incurred by the City for transporting the animal to the animal impound facility. Agenda Page 25 Animal Control Section -6- The animal capture fees, impoundment fees and charges for transporting,boarding and keeping an animal may be modified by ordinance amendment of the City Council from time to time. B. Release Form: The City administrator or Ci , Clerk shall deliver a release form to the owner or harborer of a dog after payment to the City of all fees and charges provided for herein, other than the boarding and keeping fees collected directly by the animal impound facility,which release form shall be displayed to the animal impound facility utilized by the City. C. Disposition Of Unredeemed Animals: If, at the end of six(6) days after said impounding,the dog or other animal has not been redeemed, it may be sold at private sale,or the keeper of the pound may dispose of the dog or other animal in a humane manner. or ptHstiant tome-t 4_4-f ^. SS tat. s ectiAn 35.71. 6-2-15: EXCREMENT REMOVAL: A. Owner's Property: The owner of any dog or any person having the custody or control of any dog shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. B. Property Of Another; Public Property: 1. It is unlawful for any person owning,keeping, or harboring a dog to cause or permit said dog to be on property,public or private,not owned or possessed by such person,without having in his/her immediate possession a device for the removal of feces and depository for the transmission of excrement to a proper receptacle located on the property owned or possessed by such person. 2. It is unlawful for any person in control of, causing, or permitting any dog to be on any property,public or private,not owned or possessed by such person,to fail to remove feces left by such dog to a proper receptacle located on property owned or possessed by such person. C. Exemptions: The provisions of this section shall not apply to the ownership or use of seeing eye dogs by blind persons, dogs when used in police activities by the City, or tracking dogs when used by or with the permission of the City. D. Citation Issuance: Any Animal Control Authority, or any duly authorized officer or agent authorized by the City Administrator,may issue citations. 6-2-16: COMMERCIAL KENNELS: A. License Required: No person shall operate a commercial dog kennel in the City without first obtaining a license and being compliant with the zoning ordinance. B. Application For License;Fee: Application for such license shall be made to the CitesAnimal Con A" and shall be accompanied by the fee as established in section 3-1-3 of this Code. C. Annual Licenses; Expiration; Fee: Commercial kennel licenses shall be issued on an annual basis, expiring on December 31 following the first effective day of the kennel license. The commercial kennel license fee shall be the amount per year or fraction thereof as established in section 3-1-3 of this Code. D. Number Of Dogs: No person shall own,harbor, or keep upon his/her premises more than two (2) dogs over the age of six(6)months unless in a commercial kennel duly licensed under this section or the commercial kennel is operated as part of a veterinary clinic operation at the same location. A r,- r,,A., *i «' dons if oneor-morearesef-vieeals as defined in this ehapter. The maximum number of dogs permitted in a commercial kennel shall be reflective of the sites ability to function adequately according to section 6-2-18 of this chapter and provide a safe and clean environment. In no case, shall a site be allowed to have more than thirty (30) dogs onsite. E. Commercial Kennel License: A license for a commercial kennel may be issued by the ^riffi ' Co„'��' Attthef4y Cites for the keeping of dogs. Such license shall specify any restrictions, limitations, conditions or prohibitions which the Animal Control Authority or the City deems reasonably necessary to protect any person or neighboring use from unsanitary conditions,unreasonable noise or odors, or annoyance, or to protect the public health or safety, including the health and safety of the animals to be housed in the kennel. Such a license may be modified from time to time or revoked by the Animal Control Authority or the City Council for failure to conform to such restrictions, limitations, conditions, or prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such dogs. Agenda Page 26 Animal Control Section -7- F. Sanitary Premises: Commercial kennels shall be kept in a clean and healthful condition at all times and shall be open for inspection by duly authorized City authorities at any reasonable time. A commercial kennel license may be revoked by the Animal Control Authority or the City Council by reason of the violation of this chapter or any health or nuisance order, laws, or regulations. G. Zoning Districts: Commercial kennels shall only operate in the following zoning districts: 1. A-1,Agricultural Rural District; 2. B-W, Business Warehousing District; 3. I-1, Limited Industrial District. 6-2-17: PRIVATE KENNELS: (Rep. by Ord. 2018-07, 3-5-2018) 6-2-18: MAINTENANCE,LOCATION,AND CONDITION OF ANIMAL QUARTERS AND COMMERCIAL KENNELS: A. Animal housing facilities and commercial kennel facilities shall be structurally sound and maintained in good repair. Indoor housing facilities should be adequately ventilated and have ample light and heat, either natural or artificial. B. Dogs kept outside shall be provided with access to shelter to protect them from the sun,rain, and snow in accordance with Minn. Stat.§343.40, subd. 1, 2, 3. C. If dogs are confined by chains, such chains shall be so attached that they cannot become entangled with the chains of other dogs or any other objects. Chains shall be of a size commonly used for the size of dogs involved and shall be attached to the dog by means of a well fitted collar. Such chains shall be at least three (3)times the length of the dog as measured from the tip of its nose to the base of its tail. D. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand, sit, and lie in a comfortable normal position. The floors of the enclosure shall be constructed so as to prevent injury to the dog's legs and feet. E. The temperature for indoor housing facilities shall not be allowed to fall below fifty degrees Fahrenheit (50°F) for dogs not accustomed to lower temperatures. F. Disposal facilities shall be provided to minimize vermin, infestation, odors, and disease hazards. G. Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. H. Commercial kennels must comply with building setbacks within the applicable zoning district. I. Commercial kennels may require a building permit if over one hundred twenty (120) square feet in size. 6-2-19: DANGEROUS OR POTENTIALLY DANGEROUS DOGS: A. Adoption by reference of state law and county ordinance. The provisions of Minn. Stat. Chapter 347 M 347.50 through 347.565.,as it may be amended from time to time, and Wright County Ordinance 10-01, as it may be amended from time to time, are hereby adopted by reference as fully as if set out herein, and shall be administered and enforced by the City's Animal Control Authority and Wright County Sheriff's office and designated pursuant to that law and ordinance. B. Conflict of laws. When any provisions of this Section, county ordinance, state laws applicable to dangerous or potentially dangerous dogs are in conflict,the provisions that impose the greater restrictions or protections shall apply. 6-2-2041: ENFORCEMENT: A. Enforcement Authority ems: The provisions of this chapter shall be enforced by the Animal Control Authority and those officers designated in this chapter. The Animal Control Authority may issue citations for violations of this chapter. B. Right of Entry: The Animal Control Authority shall have the right to enter upon any premises at all reasonable times for the purpose of discharging the duties imposed by this chapter where there is a reasonable belief that a violation of this chapter has been committed. 6-2-2128: RECORDS KEPT: Agenda Page 27 Animal Control Section -8- It shall be the duty of the Animal Control Authority to keep the following records, subject to inspection by the Council, City Administrator, or their designated agents: A. Accurate and detailed records of the licensing, impoundment, and disposition of all animals coming into custody- B. Accurate and detailed records of all reported bite cases and investigations for a period of three (3)years. C. Accurate records of all citations issued for violations of this chapter. 6-2-22-24: MISDEMEANOR VIOLATION; PENALTIES: Any person violating any provision of this chapter shall be guilty of a misdemeanor and,upon conviction thereof, shall be punished as provided in section 1-4-1 of this Code. Agenda Page 28 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021-11 AN ORDINANCE AMENDING TITLE 6, CHAPTER 2 OF THE ALBERTVILLE CITY CODE RELATING TO ANIMAL CONTROL The City Council of the City of Albertville,Minnesota hereby ordains: Section 1. Chapter 2, Title 6 of the Albertville City Code is hereby amended to read as follows: 6-2-1: DEFINITIONS: Unless the context clearly indicates otherwise,the words, combination of words, terms, and phrases as used in this chapter shall have the meanings set forth as follows: ANIMAL CONTROL AUTHORITY: A person employed by or under contract with the City or Wright County who is responsible for animal control enforcement and investigating noise complaints, including all on duty Wright County Deputies and the Wright County Sheriff while operating in the City. AT LARGE: A dog is "at large" when it is off the property of the person owning, harboring, or keeping said dog, and it is not under restraint by a leash not exceeding six (6) feet in length or within a vehicle being driven or parked on a street or within the property limits of the owner's premises. CAT: Both the male and female of the Felidae species commonly accepted as domesticated household pets. CITATION: A notice or complaint issued by the Animal Control Authority to the owner of any animal apprising said owner of one or more violations of this chapter. DOG: Both male and female of the canine species commonly accepted as domesticated household pets. KENNEL, COMMERCIAL: Any place where: a) more than two (2) dogs over six (6) months of age are owned, kept, boarded, or bred for purposes of sale; or b)more than two (2) dogs over six (6) months of age and owned by persons other than the kennel owner are kept or boarded for a fee or other remuneration. KENNEL RUN: Enclosed area, indoor or outdoor, whereupon animals are kept to allow such animals to exercise. OWNER: Any person owning,keeping, harboring, or acting as custodian of a dog or other domesticated animal. PERSON: One or more natural persons; a partnership, including a limited partnership; a corporation; a trust; or any other business organization or association. PREMISES: Any building, structure, shelter, or land where on dogs or other animals are kept or confined. PUBLIC NUISANCE ANIMAL OR ANIMALS: Any animal which: A. If a dog,is repeatedly found at large. B. Damages the property of anyone other than its owner. C. Is a vicious animal. Agenda Page 29 City of Albertville Ordinance No. 2021-11 Meeting of August 2,2021 Page 2 D. Causes fouling of the air by odor. E. Causes unsanitary conditions of enclosures or surroundings. F. By virtue of number or types of animals maintained, is offensive or dangerous to the public health, safety, or welfare. G. Excessively makes disturbing noises.] H. Molests passersby or passing vehicles. L Attacks other domestic animals. SERVICE ANIMAL: An animal that is individually trained to do work or perform tasks for people with disabilities. Service animals are working animals, not pets. A service animal must have completed a skills test and be recognized by a professional training service as a service animal. A dog whose sole function is to provide comfort or emotional support does not qualify as a service animal. UNDER RESTRAINT: A dog is "under restraint" if it is on the premises of the person harboring or keeping the dog; if it is within a private motor vehicle of a person owning, harboring, or keeping the dog; or if it is controlled by a leash not exceeding six feet(6') in length. VETERINARY CLINIC: Place for the treatment, hospitalization, surgery, care, and boarding of animals, which place is owned and operated by a licensed veterinarian. VICIOUS ANIMAL OR ANIMALS: Any animal or animals which constitute a physical threat to human beings or other animals by virtue of one or more attacks of such severity as to cause property damage or physical injury, however slight. 6-2-2: ANIMAL CONTROL AUTHORITY: A. The City Council may appoint or designate an Animal Control Authority to enforce the provisions of this chapter and to perform such duties in connection with the enforcement hereof as the City Administrator or this Code may direct. The City Administrator may authorize, at times as he or she may deem necessary, persons to be designated under Animal Control Authority to purchase equipment for the purpose of capturing and conveying to an animal pound all animals in violation of this Code. B. The designee shall under the supervision of the Animal Control Authority and the City Administrator may be authorized to issue violation tags and to carry and display appropriate badges or identification. C. No person shall in any manner molest, hinder, or interfere with the Animal Control Authority employed directly or by contract with the City to capture animals and convey them to the animal pound while such person is engaged in such occupation. 6-2-3: LIMITS OF DOGS ON ONE PROPERTY: No person shall own, harbor, or keep upon their premises more than two (2) dogs over the age of six (6) months at one time. A property may contain three (3) dogs if one or more are service animals as defined in this chapter. 6-2-4: IDENTIFICATION REQUIRED: All dogs and cats are required to have some identification on them that would assist animal control in contacting the owner. Identification allowed under this subdivision include microchips, veterinarian issued rabies certificates, or any tags or collars with contact information and phone number(s) inscribed on it. 1.See also subsection 5-5-2K of this code. Agenda Page 30 City of Albertville Ordinance No. 2021-11 Meeting of August 2,2021 Page 3 6-2-54: DOGS AT LARGE PROHIBITED: No dog shall be allowed by its owner to run at large, and every owner of a dog shall cause the same to be: A. Confined to the owner's property by training, fencing, or leashing, and females in heat shall be confined in an enclosure and so kept and confined therein during such entire period and until such dogs shall not attract other dogs on account thereof. B. While in any public place, such as a school, playground, or a park, to be on a leash, chain, or cord of not more than six feet(6') in length and in the custody of a person of sufficient age to adequately control the dog at all times. C. While in all other areas, such as on a public street or in an automobile, to be in the custody of a person of sufficient age to adequately control the dog at all times, and to have and keep said dog under control. 6-2-66: ABANDONMENT OF ANIMALS PROHIBITED: It shall be unlawful to abandon any dog or other animal within the City. 6-2-76: RABIES CONTROL: A. Vaccination of Dogs And Cats Required: 1. All dogs and cats over the age of six (6)months,kept,harbored, maintained or transported within the City shall have current vaccinations given by a licensed veterinarian for rabies. 2. A copy of certificate of vaccination shall be provided to the Animal Control Authority or designee upon request. B. Impoundment and Confinement of Rabies Suspects: 1. Any dog or cat not vaccinated in accordance with subsection A of this section which has bitten any person and caused an abrasion or puncture of the skin of such person shall be seized and impounded under the supervision of a licensed veterinarian or at the City contract kennel facility for a period of not less than ten (10) days. If, after a complete examination by a veterinarian, the dog or cat has no clinical sign of rabies, it may be released to the owner upon the condition that the owner have the animal vaccinated as required by subsection A of this section. In the case of a stray, the animal shall be disposed of in accordance with the applicable laws. It shall be unlawful for any owner or person having custody or control of any dog or cat not vaccinated in accordance with subsection A of this section and which has bitten any person to refuse to release such dog or cat and make it immediately available to the Animal Control Authority for the purpose of quarantine. 2. Any dog or cat vaccinated in accordance with subsection A of this section which has bitten any person shall be confined by the owner or other responsible person in such manner as the Animal Control Authority may direct and for a period of not less than ten (10) days. The Animal Control Authority or authorized representative shall conduct a midterm and terminal examination of the animal. If no signs of rabies are observed by the Animal Control Authority, the dog or cat may be released from confinement. It shall be unlawful for any owner or person in custody or control of any vaccinated dog or cat which has bitten any person to refuse or fail to quarantine such dog or cat as required by this subsection 132. The Animal Control Authority, or his/her agent, shall seize any dog or cat not quarantined in accordance with this subsection B2. 3. Any other animal which has bitten any person and caused an abrasion or puncture of the skin of such person shall be seized and impounded under the supervision of a licensed Agenda Page 31 City of Albertville Ordinance No. 2021-11 Meeting of August 2,2021 Page 4 veterinarian or at the City contract kennel facility for a period of not less than ten (10) days. If, after a complete examination by a veterinarian, the animal has no clinical signs of rabies, the animal may, with the approval of the Animal Control Authority, be released to the owner. In the case of an unclaimed animal, it shall be disposed of in accordance with applicable laws. It shall be unlawful for any owner or person in custody or control of any animal which has bitten any person to refuse to release such animal and make it immediately available to the Animal Control Authority for the purpose of quarantine. 4. Any rabies suspect impounded or confined under this subsection which is found to be sick or diseased shall be reported immediately in writing to the Animal Control Authority by the attending veterinarian or operator of the quarantine facility. The Animal Control Authority shall then take possession of such animal for the purpose of determining if it is suffering from rabies. 6-2-8: DISEASED ANIMALS: A. Any dog or other animal displaying symptoms of being rabid may be seized at any place or time and shall be confined in the city dog pound, or other appropriate place designated for such purpose by the Council from time to time, at the expense of the owner, until found to be free from rabies. B. If any dog or other animal appears to be diseased, vicious, rabid, or has been exposed to rabies, and such dog or other animal cannot be taken up and impounded without serious risk, such dog or other animal may be killed if reasonably necessary for the safety of any person or persons. C. When any dog or other animal has bitten any person, wherein the skin has been punctured or the services of a doctor are required, a report of the incident shall be made to the Animal Control Authority by the owner or custodian of the biting dog or animal or the person bitten or his/her parent or guardian within twenty four (24) hours of the bite. 6-2-9: CONFINEMENT OF ANIMALS THAT BITE: Every fierce, dangerous, or vicious animal, including dogs, that has a history of biting a human or any domestic animal shall be confined by the owner within a building or secure, covered enclosure. Such animal shall not be taken out of such building or secure, covered enclosure unless muzzled and on a leash. 6-2-10: WILD OR VICIOUS ANIMALS PROHIBITED: No person shall keep or allow to be kept any place in the City an animal of a ferocious or vicious character, habit, or disposition, or any animal which is wild by nature. 6-2-11: NUISANCE,VICIOUS ANIMALS: No person shall keep, own,harbor, or otherwise possess within the City an animal which is a public nuisance animal or vicious animal. 6-2-12: DOGS DISTURBING THE PEACE: It shall be unlawful for any person to own,keep,have in possession, or harbor any dog,which shall by any noise,unreasonably or excessively disturb the peace and quiet of any person in the vicinity.] including habitual barking which shall be defined as barking or crying for repeated intervals of at least three (3)minutes with one (1)minute or less of interruption. Such barking must also be audible off of the owner's or caretaker's premises. Any person violating this section who,upon first request by an 1. See also subsection 5-5-2K of this code. Agenda Page 32 City of Albertville Ordinance No. 2021-11 Meeting of August 2,2021 Page 5 Animal Control Authority or any duly authorized assistant to stop or prevent the unreasonably or excessively disturb the peace,refuses to comply with the request,will be issued a citation; and if the authority deems it necessary to stop the unreasonably or excessively disturb the peace,he/she may have the dog taken to the City animal pound. Any dog placed in the pound may be reclaimed by the owner upon payment of the fee prescribed. If not reclaimed, it may be disposed of in the proper manner. It shall not be violation of this section if the dog was barking, crying or making other noise due to harassment or injury to the dog or a trespass upon the premises where the dog is located. 6-2-13: IMPOUNDMENT OF DOGS: A. The Animal Control Authority shall seize and impound any dogs running at large. To enforce this chapter, the Animal Control Authority may enter upon any private premises in pursuit of a dog running at large. It shall be unlawful for any person or persons to interfere with the Animal Control Authority engaged in taking a dog hereunder for impounding or to refuse to surrender a dog to the animal warden for confinement as required. B. The Animal Control Authority may seize or impound any dog found astray on public property or claimed to be astray by the owner of the premises upon which such animal may be found; provided, that the owner of the premises demands such seizure or impoundment and agrees in writing to indemnify and hold harmless the City from any claim for damages by the owner of said dog. Disposition of such impounded stray shall thereafter be pursuant to the provisions of this chapter. 6-2-14: REDEMPTION OF IMPOUNDED ANIMALS: A. Fees: The owner or harborer of dogs, cats and other animals impounded shall be liable for all of the following fees: 1. Animal capture fee as established in section 3-1-3 of this code. 2. Impoundment fees incurred by the City for boarding and keeping the animal while impounded. 3. Charges and fees incurred by the City for transporting the animal to the animal impound facility. The animal capture fees, impoundment fees and charges for transporting,boarding and keeping an animal may be modified by ordinance amendment of the City Council from time to time. B. Release Form: The City administrator or City Clerk shall deliver a release form to the owner or harborer of a dog after payment to the City of all fees and charges provided for herein, other than the boarding and keeping fees collected directly by the animal impound facility,which release form shall be displayed to the animal impound facility utilized by the City. C. Disposition Of Unredeemed Animals: If, at the end of six (6) days after said impounding, the dog or other animal has not been redeemed, it may be sold at private sale, or the keeper of the pound may dispose of the dog or other animal in a humane manner. 6-2-15: EXCREMENT REMOVAL: A. Owner's Property: The owner of any dog or any person having the custody or control of any dog shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. B. Property Of Another; Public Property: 1. It is unlawful for any person owning, keeping, or harboring a dog to cause or permit said dog to be on property,public or private,not owned or possessed by such person,without having in his/her immediate possession a device for the removal of feces and depository for the transmission of excrement to a proper receptacle located on the property owned or possessed by such person. Agenda Page 33 City of Albertville Ordinance No. 2021-11 Meeting of August 2,2021 Page 6 2. It is unlawful for any person in control of, causing, or permitting any dog to be on any property,public or private, not owned or possessed by such person, to fail to remove feces left by such dog to a proper receptacle located on property owned or possessed by such person. C. Exemptions: The provisions of this section shall not apply to the ownership or use of seeing eye dogs by blind persons, dogs when used in police activities by the City, or tracking dogs when used by or with the permission of the City. D. Citation Issuance: Any Animal Control Authority, or any duly authorized officer or agent authorized by the City Administrator,may issue citations. 6-2-16: CONIlUERCIAL KENNELS: A. License Required: No person shall operate a commercial dog kennel in the City without first obtaining a license and being compliant with the zoning ordinance. B. Application For License; Fee: Application for such license shall be made to the City Clerk and shall be accompanied by the fee as established in section 3-1-3 of this Code. C. Annual Licenses; Expiration; Fee: Commercial kennel licenses shall be issued on an annual basis, expiring on December 31 following the first effective day of the kennel license. The commercial kennel license fee shall be the amount per year or fraction thereof as established in section 3-1-3 of this Code. D. Number Of Dogs: No person shall own, harbor, or keep upon his/her premises more than two (2) dogs over the age of six (6)months unless in a commercial kennel duly licensed under this section or the commercial kennel is operated as part of a veterinary clinic operation at the same location. The maximum number of dogs permitted in a commercial kennel shall be reflective of the sites ability to function adequately according to section 6-2-18 of this chapter and provide a safe and clean environment. In no case, shall a site be allowed to have more than thirty(30) dogs onsite. E. Commercial Kennel License: A license for a commercial kennel may be issued by the City Clerk for the keeping of dogs. Such license shall specify any restrictions, limitations, conditions or prohibitions which the Animal Control Authority or the City deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety, including the health and safety of the animals to be housed in the kennel. Such a license may be modified from time to time or revoked by the Animal Control Authority or the City Council for failure to conform to such restrictions, limitations, conditions, or prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such dogs. F. Sanitary Premises: Commercial kennels shall be kept in a clean and healthful condition at all times and shall be open for inspection by duly authorized City authorities at any reasonable time. A commercial kennel license may be revoked by the Animal Control Authority or the City Council by reason of the violation of this chapter or any health or nuisance order, laws, or regulations. G. Zoning Districts: Commercial kennels shall only operate in the following zoning districts: 1. A-1, Agricultural Rural District; 2. B-W,Business Warehousing District; 3. I-1, Limited Industrial District. Agenda Page 34 City of Albertville Ordinance No. 2021-11 Meeting of August 2,2021 Page 7 6-2-17: PRIVATE KENNELS: (Rep. by Ord. 2018-07, 3-5-2018) 6-2-18: MAINTENANCE,LOCATION,AND CONDITION OF ANIMAL QUARTERS AND COMMERCIAL KENNELS: A. Animal housing facilities and commercial kennel facilities shall be structurally sound and maintained in good repair. Indoor housing facilities should be adequately ventilated and have ample light and heat, either natural or artificial. B. Dogs kept outside shall be provided with access to shelter to protect them from the sun, rain, and snow in accordance with Minn. Stat. §343.40, subd. 1, 2, 3. C. If dogs are confined by chains, such chains shall be so attached that they cannot become entangled with the chains of other dogs or any other objects. Chains shall be of a size commonly used for the size of dogs involved and shall be attached to the dog by means of a well fitted collar. Such chains shall be at least three (3)times the length of the dog as measured from the tip of its nose to the base of its tail. D. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand, sit, and lie in a comfortable normal position. The floors of the enclosure shall be constructed so as to prevent injury to the dog's legs and feet. E. The temperature for indoor housing facilities shall not be allowed to fall below fifty degrees Fahrenheit(50°F) for dogs not accustomed to lower temperatures. F. Disposal facilities shall be provided to minimize vermin, infestation, odors, and disease hazards. G. Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. H. Commercial kennels must comply with building setbacks within the applicable zoning district. I. Commercial kennels may require a building permit if over one hundred twenty (120) square feet in size. 6-2-19: DANGEROUS OR POTENTIALLY DANGEROUS DOGS: A. Adoption by reference of state law and county ordinance. The provisions of Minn. Stat. Chapter 347 (§§ 347.50 through 347.565), as it may be amended from time to time, and Wright County Ordinance 10-01, as it may be amended from time to time, are hereby adopted by reference as fully as if set out herein, and shall be administered and enforced by the City's Animal Control Authority and Wright County Sheriff's office and designated pursuant to that law and ordinance. B. Conflict of laws. When any provisions of this Section, county ordinance, state laws applicable to dangerous or potentially dangerous dogs are in conflict, the provisions that impose the greater restrictions or protections shall apply. 6-2-20: ENFORCEMENT: A. Enforcement Authority: The provisions of this chapter shall be enforced by the Animal Control Authority and those officers designated in this chapter. The Animal Control Authority may issue citations for violations of this chapter. B. Right of Entry: The Animal Control Authority shall have the right to enter upon any premises at all reasonable times for the purpose of discharging the duties imposed by this chapter where there is a reasonable belief that a violation of this chapter has been committed. Agenda Page 35 City of Albertville Ordinance No. 2021-11 Meeting of August 2,2021 Page 8 6-2-21: RECORDS KEPT: It shall be the duty of the Animal Control Authority to keep the following records, subject to inspection by the Council, City Administrator, or their designated agents: A. Accurate and detailed records of the licensing, impoundment, and disposition of all animals coming into custody. B. Accurate and detailed records of all reported bite cases and investigations for a period of three (3) years. C. Accurate records of all citations issued for violations of this chapter. 6-2-22: MISDEMEANOR VIOLATION; PENALTIES: Any person violating any provision of this chapter shall be guilty of a misdemeanor and,upon conviction thereof, shall be punished as provided in section 1-4-1 of this Code. Adopted by the City Council of the City of Albertville this 2nd day of August, 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 36 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY ORDINANCE NO. 2021-11 AN ORDINANCE AMENDING TITLE 6, CHAPTER 2 OF THE ALBERTVILLE CITY CODE RELATING TO ANIMAL CONTROL NOTICE IS HEREBY GIVEN that on August 2, 2021, Ordinance 2021-11 was adopted by the City Council of the City of Albertville. This ordinance regulates animal control in the City of Albertville. NOTICE IS FURTHER GIVEN that due to the lengthy nature lengthy nature of Ordinance 2021-11, the following summary of the ordinance has been prepared for publication as authorized by state law. NOTICE IS FURTHER GIVEN that the ordinance amendment adopted by the City Council includes the following components: • Eliminates the Dogs Licensing Provision (6-2-3) • Requires Identification to assist Animal Control in Contacting Owners. (6-2-4) • Adopts by reference the provisions of Wright County Ordinance 10-01 and MN Stat. �347.50 through 565 regarding the administration and enforcement of dangerous and potentially dangerous dogs. (6-2-19) A printed copy of the full ordinance amendment is available for inspection by any person during the City's regular office hours. Adopted by the City Council of the City of Albertville this 2nd day of August, 2021. ATTEST: Kristine A. Luedke Albertville City Clerk Published in the Crow River News: Agenda Page 37 �lbcrtvillc Mayor and Council Request for Action August 2, 2021 SUBJECT: PLANNING AND ZONING—PSYK PROPERTY—TOWN HOMES/MIXED USE CONCEPT PLAN RECOMMENDATION: It is respectfully requested that the Mayor and Council give direction to the City Staff and the Applicant on the acceptability of the proposed land use and site design for the attached concept plans. Action on a concept plan does not convey any development rights to the applicant. Rather it provides information to allow the applicant to decide as whether they wish to invest in and produce more detailed construction drawings and file a more formal development application with the City. If the development proceeds the following development applications are needed. 1. Comprehensive Plan amendment, changing the proposed land use for the site from Commercial and Low Density Residential to Commercial and High Density Residential. 2. Subdivision that will create the lots for development and the dedication of the street rights-of-way. 3. Zoning map amendment changing the zoning for the residential units from R-1 Single Family Residential District and B-2 Limited Business District to R-5/PUD Residential Medium Density Multiple Family/Planned Unit Development District. The PUD district is required to allow multiple principal buildings on one lot. 4. Site and Building plan review. BACKGROUND: Valerian LLC had submitted a rough concept plan for this site in fall of 2020. Their concept plan was reviewed and commented on with other proposed land use changes at the November 12, 2020 Joint Council and Planning Commission Workshop. The consensus from the group at the joint meeting was to maintain commercial land use along County Road 19, investigate changing the land use in the northwest part of the City from business campus/ commercial to industrial. Additionally, the group favored maintaining the current polices related to multi-family development and desired to evaluate changes to the City's proposed land use plan on a case by case basis. The 2030 Vision Study outlines the following goals and policies for residential growth in the City. Residential Goal l: Maintain and build attractive residential neighborhoods. Policies: 1. Promote infill development within existing neighborhoods with homes that share the same quality and value as adjoining homes. 2. The City is very concerned with the amount of residential rental properties in the City. There is specific concern for the conversion of owner-occupied single family and Agenda Page 38 Mayor and Council Request for Action—August 2, 2021 Psyk Property- Concept plans Page 2 of 5 townhome units to rental. The City will continue to enforce its rental ordinance and property maintenance regulations on all rental properties to insure the properties stay in proper repair. Goal 2: Provide a variety of housing options to meet the life cycle needs of Albertville residents. Policies: 1. The City has identified senior housing with services as a priority need within the community. The City will work with senior housing providers to address this local need. 2. Albertville has a fair balance of housing densities as well as a large supply of medium and high density residential land use near its borders within other communities. Albertville will limit future multiple family developments to locations currently zoned for multiple family land uses. Except for senior housing, no new locations have been identified for multiple family land use. 3. Encourage the rehabilitation of substandard multiple family properties that display deteriorated building conditions, no site amenities, or poor site design through the enforcement of the City's Rental Ordinance. 4. Adhere to the highest community design and construction standards for new construction and redevelopment projects. 5. Accompany medium and high density development with adequate accessory amenities such as garages,parking, open space, landscaping, and recreational facilities to insure a safe, functional, and desirable living environment. KEY ISSUES: • The applicant has provided two concept plans for Council consideration. Both concepts have a lot 1 (2.09 Acres) along CR 19 being a commercial land use with the balance of the site Lot 2 (6.96 Acres)being proposed for high density residential. (development density exceed 10 units per acre is defined as high density) • The applicant's Letter, Exhibit C, describes the proposed residential development as 12 unit garden residential buildings. These buildings do not fit either City definition of "dwelling, multiple apartment" or"townhome". Based on the building design, it more closely fits the City's required performance standards for a"dwelling, multiple apartment"rather than a townhome. • The Full Site Concept plan shows the extension LeCenter Avenue and 53rd Street as public streets serving this development. LeCenter is proposed as an 80 right-of-way matching the street to the north. 53rd Street is proposed at a 60 foot right-of-way expanding to 70 feet entering CR.19. These roadways must be part of the subdivision on the property. By Code, LeCenter Avenue and 53rd Street right-of-way must be platted and constructed to the adjoining property lines to the south and east. The subdivision will need to show these right-of-way dedications and the construction plans must comply with City Street Standards. Staff recommends that LeCenter Avenue be constructed from Albertville Crossing to the south boundary of Outlot 3 and 53rd Avenue be constructed between LeCenter Avenue and CR. 19 with this development. The 53rd Street east of LeCenter Avenue may be a future phase with the development of Outlot 2. • The subdivision abuts CR.19, any subdivision abutting a County road is subject to County review. Past subdivisions to the north were required to plat approximately 60 of Agenda Page 39 Mayor and Council Request for Action—August 2, 2021 Psyk Property- Concept plans Page 3 of 5 right-of-way measured from the centerline of the CR.19. The Concept plans have Lot 1 align with the commercial lots in Albertville Crossing, as such the CR. 19 right-of-way dedication may already be anticipated. • The Full Site Concept plan shows the creation of three outlots south of the proposed lots. In considering this concept plan and change of land use and zoning, Council must also consider how the proposed development may impact the future land uses and development of the outlots. • Lot 2 contains 7 buildings. Access within the Lot 2 will be via private drives. The concept plan does not connect with 541/z Street to the east to avoid introducing traffic into this single family neighborhood. The layout of the private streets raise the following concerns; 1. The private streets must be designed to public street construction standards. 2. In review with the Fire Chief, the long dead end streets in the eastern portion of the site do not provide adequate fire emergency access. Applicant shall demonstrate adequate turning radii for a fire truck at the private street intersections and provide a looped street design through the site. 3. Future utility plans will need to illustrate the FDC and hydrant locations that are accessible for fire equipment and allow the emergency vehicles to both access and egress the site in an efficient manner. • The buildings are proposed to contain 12 dwelling units with upper and lower floor options, separate doorways, and a single car garage per unit. The site will also offer 59 outdoor surface parking stalls. City Code requires multiple family dwellings to provide 2 parking stalls per unit with one of the stalls being enclosed. The site plans are reliant on a tandem parking arrangement with parking in the garage and on the garage driveway to satisfy the require parking standard. • Both Site Plan options provide separation and landscape screening to buffer and screen the existing single family neighborhood to the east. Option 1 dead ends 54 1/2 Street with a cul-de-sac and proposes a storm water pond and landscaping to isolate the development from the adjoining properties. Option 2, dead ends 54 1/2 Street without a turnaround but provides separation and landscaping along the eastern boundary. A storm water pond is shown in the southeast corner of the site to provide some separation to the homes along Lachman Circle. • Each of the buildings will contain the following dwelling units, 10 two bedroom units (1193 sq. ft.), 1 one bedroom unit(805 sq. ft.) and 1 three bedroom unit(1300 sq. ft.). The total site will offer 70 two bedroom units, 7 one bedroom units, and 7 three bedroom units. These unit sizes meet the City minimum standards for multiple family units. • The site plan offers no outdoor recreation amenities that may serve tenants with children. By code, the City Council may at its discretion require the provision of open space or recreation facilities to serve the project. The isolated nature of the site makes some open space and recreation component appropriate. • The exterior building materials consisting of Hardy or Smart siding and Cultured stone meet the City's standards for the multiple family projects. The Cultured stone must be shown to be a minimum of 25% of each exterior building elevation. • The City's Land Use Plan guides this parcel for commercial land uses extending approximately 500 feet from the CR.19 right-of-way, and low density residential land Agenda Page 40 Mayor and Council Request for Action—August 2, 2021 Psyk Property- Concept plans Page 4 of 5 uses lying between the commercial land use and the low density neighborhood to the east approximately 450 feet wide. The back yards of Psyk 5th and 6th addition establish the eastern boundary of the site and provides only. 53rd and 54 1/2 Streets serves as street connection to this area from this neighborhood. The Council will need to determine if the location, size and configuration vacant land guided for low density residential area is appropriate for single family residential development; or if an alternative land use or density is appropriate. POLICY/PRACTICES CONSIDERATIONS: In November 2020, the City Council decided to maintain the City's goals and policies in the 2030 Vision Study pertaining to multiple family residential land uses, but, would evaluate requests for land use change on a case by case basis. The Council has the authority to consider all land use plan and zoning amendments. Valerian LLC. is requesting direction as to whether to pursue formal development applications for a change in land use and zoning to allow for the development on high density residential land uses on the north end of the Psyk property. In consideration of the submitted Concept Plans, the Council may choose to direct the applicant not to proceed with the development application finding it is not consistent with the City's proposed Land Use Plan and current zoning and express that the City is not open to amending the 2030 Vision Study Proposed Land Use Plan or zoning map. The second option may be to direct the applicant to pursue the required development applications for changing the land use and zoning, with the understanding the no development rights or implicit development approvals are conveyed with concept plan review. The site design and density is subject to change to meet the City Code requirements and City Staff review comments. If the Council is open to the second option, City Staff would recommend the following items be addressed in the formal application submission. 1. The applicant shall plat the entire Psyk property per the Full Site plan. The plat shall be subject to County review and approval and include any additional right-of-way dedication for CR. 19. 2. The plat shall dedicate the local streets rights-of-way per City standards. LeCenter shall be platted and constructed through Outlot 3 to the plat's southern boundary. 53rd Street shall be constructed between LeCenter Avenue and CR. 19 with this development proj ect. 3. The private street system in Lot 2 shall be designed as a loop street with intersection turning radii sufficient for fire emergency vehicles to access and egress each of the buildings in an efficient manner. 4. The site plan shall be modified to provide two parking stalls per unit, without tandem driveway parking. The distribution of surface parking shall offer convenient access to all buildings. 5. A cul-de-sac turnaround shall be provided at the west end of 54 1/z Street,the design shall be approved by the City Engineer. 6. The site plan shall provide open space and a recreation area as part of the residential development. Agenda Page 41 Mayor and Council Request for Action—August 2, 2021 Psyk Property- Concept plans Page 5 of 5 7. In light of the aforementioned comments regarding street design, parking, open space and recreation component a reduction in unit count or in the number of buildings may be required to address these issues. FINANCIAL CONSIDERATIONS: With any new development there are financial considerations. If this development does proceed, the development shall be responsible for all costs for the installation of streets, utilities associated with the subdivision. The developer shall also pay City fees and charges for Utility Trunk fees, SAC, WAC, building permit fees and Park dedication fees. The development of this area is within the service capacity of City utilities and services. LEGAL CONSIDERATIONS: The Concept plan review does not convey any development rights or implicit development approvals. The City is the authority for land use and zoning decisions within the City. Changes to its Comprehensive plan and zoning is a policy decision of the City Council. Department/Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Exhibit A Current Proposed Land Use Plan • Exhibit B Current Zoning Map • Exhibit C Applicant's Letter • Exhibit D Full Site Plan • Exhibit E Option 1 Site Plan • Exhibit F Option 2 Site Plan • Exhibit G Building Elevations • Exhibit H Building Perspective • Exhibit I Building Floor Plan Agenda Page 42 1 ►�i, �� LL LL 0.8 OR CD + C� CA 01, a Noun pI�VIIIV'�:Il�aanumivdrl�/ nnnmuin - - . .� �� � �. ••'tea\7�w. ■►�� . � i ■► u.l.�► �,■ ���i!►��i� -- gym■ n,�m u�.■■i��� ����— ■■■■.u■■■. IN N au■ p •.v .� ��liIBMare OR .. ■ �. �••i�••1��:Wit, t/�■■■■.■■■�■.■■■■■■■�`►�„~�% RAP ME /�/lllllll�m m►• - ♦ � �\.11►�� III►����� ��/IIIII � ►�i■ /�//Unn//U/��■tt���u:� ��►�•■�. 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R" / ♦ � a�"�;E 2Ee /v�i 9 I.P'd 9 t � b., \\y, .� ".`, �xn�r'0ry3f+R _/ vi�'� df HH ���♦y�� �j\7 H:irl,.! a�¢i i1/ i m � I€�€f E' ®• 4h i/f`�\,F: f.g i�i+ ✓i ; ':;:.3. _ _r I^w '" ! � I� mss� a�/.x��. /PII dB ��Y' —��a'� O j ,•'"'�` v s!v �,,,I Efl�`8 ,'+� /d f ,r � �i--( ,. i~ill!d;n•'i 1 2 E d!!4!E i l i F i l f l l f E i i t{0 "„, ��1�iP/2 r V a d P�4 sl „�1 �.� aNLL+i�Nrx r'WR�E F \♦ axanrnnvrx �'�1 ,+:� ° tioi S3 FHi9il lli fii€s H@€2 i1ilF iiifi ii El i�\\V p. E N f C a g Q V.aibeiriLaun ]LL(C 372o Washlbnoom A\vemoute South NVinuniealpolks,. MN 5,5,+to July 23, 2021 Alan Brixius 4150 Olson Memorial Hwy Suite 320 Minneapolis, MN 55422 Re: 4125 Sub S-Corp—Development of Pysyk Property Dear Mr. Brixius: As you are aware, Valerian LLC is the project manager for 4125 Sub S-Corp,the purchaser of the northerly portion of what is known as the Pysk Property in Albertville, Minnesota. We previously delivered to you and the City two alternative site plans for the development of the property. For your convenience, attached are additional copies of those site plans. You requested additional information about the general development plan for the property, particularly relating to the residential portion of the development, for the City Council review on August 3, 2021. The development has two components. The first component is a one story commercial building consisting of approximately 10,000 square feet located on an approximately 2.09 acre parcel to be created on the west side of the property. This parcel is identified on the site plans as Lot 1. The second component is development of seven (7) garden residence buildings developed on an approximately 6.89 acre parcel to be created on balance of the property. This parcel is identified on the site plans as Lot 2. In response to your questions: • Each building will be stories tall and will consist of 12 residential units. • All units will be rental. • The development will be managed by a third party management company. • The 12 residential units will probably be comprised of 10 two-bedroom units consisting of 1,193 square feet, one(1) one-bedroom unit consisting of 805 square feet and one (1)three bedroom unit consisting of 1,300 square feet. The unit mix and the size of the units are preliminary but are likely close what the final EXHIBIT C Agenda Page 45 Mr. Alan Brixius July 23, 2021 Page Two development plan will look like. All buildings will be identical in design, layout and unit mix. • Each residence will have a separate entrance. • Each unit will have one garage. Each garage will be approximately 25'11" by 13W5 • Attached is prototype rendering of the building design. The same product with the same design is currently being completed in Hugo. The buildings look very nice and the market demand for this design and product is very strong. • Also attached are the prototype elevations for the building design. • The exterior of each building will be a combination of board and batten body using Hardy or Smart Siding with areas of horizontal 4"reveal lap siding as accents. All corner and window trim will be Hardy 6" flat board. The bottom 4' of the exterior will accent cultured stone in a ashlar pattern with a stone cap. The body of the building will be all white. Windows will be black double hung with grids (6 over 6). Front doors will be insulated metal with windows. Garage doors will be insulated metal panels, also in black. Soffits and fascia will be white aluminum. Roofing materials will be architectural shingle in a dark grey. There will also be covered exterior balconies and decks for each unit and standing seam accents over each garage door. Decorative white wall bracelets will be added to give additional detail and white vented dormers on the roof. The architectural intent is to achieve a classic contemporary farmhouse look in black and white with stone accents. • The Project Architect will be DJR Architecture. • The Project Civil Engineer will be Civil Site Group. • The Project Manager is tentatively Saturday Properties. • We anticipate commencement of construction in late 2021. Occupancy of the buildings will occur as they are completed, beginning in the second half of 2022. If you need further or additional information regarding this proposed development,please call or email me. Thank you very much for your assistance. Michael S. Margulies, for Valerian LLC Agenda Page 46 z wo w m z In W J = a W LL ------------- _d 0 0 I _ o - N N c _J(D - �o n m I ' 6 I I v � a w I �w O U I O c.i —L0.0_ W U) w UJ x F CC z M ¢ 0- 0 Z W � J N� J W 30 > m yo� Q e �a 00 ° Vo W �10'09--1 w m _ m = J i I f z I I W N Q I I O °CR. 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BACKGROUND: This is item is included for further consideration. At the May 17 City Council meeting,the City's resolution to participate in the Wright County Economic Development Authority(EDA)was tabled. Following that meeting, County Commissioner Wetter and Assistant County Attorney Greg Kryzer provided the City with the following: If a city or township opts out of the County EDA, they would not be subject to a tax levy for any bonds that may be issued by the County EDA. MN Stat. 469.1082 Subd. 5 discusses the opt in provision for a City or Township and states the following at the end of the subdivision: If a city or township prohibits a county economic development service provider created under this section from operating within its boundaries,the city's or township's property taxpayers shall not be subject to the property tax levied for the county economic developer service provider. Attorney Kryzer clarified that if a city opts out,they are fully out of the EDA and will receive no benefits or potential tax levies from the sale of bonds. Mr. Kryzer also recommends not opting out simply because of a theoretical tax levy and reiterates the purpose of the EDA was not to issue bonds for development, but rather to sell county buildings, and to potentially also access federal/state grant dollars, and to better engage with cities on any potential economic development that may arise. In addition to the above, it is staffs understanding that the County is considering distributing its ARPA to its EDA member's. KEY ISSUES: • The Wright County Board established the Wright County Economic Development Authority to guide economic growth within Wright County. • The EDA operates under the authority of Minnesota Statutes, Section 469.090 through 469.1082 and has more legal authority to pursue the repurposing of public assets than do counties themselves.. • The EDA will partner with local cities and townships as well as the Wright County Economic Development Partnership and support their efforts to achieve specific projects and advance broader initiatives. Agenda Page 53 Mayor and Council Request for Action—August 2, 2021 Wright County Economic Development Authority Page 2 of 2 • The EDA will seek to access state and federal resources that are mainly available to larger public development agencies. • No funding is necessary. While the EDA has taxation authority,the Wright County EDA has stated it will not levy taxes. LEGAL ISSUES: The Mayor and City Council have the authority to approve the City of Albertville's participation in the Wright County Economic Development Authority. Submitted by: Adam Nafstad, City Administrator-PWD Attachments: • Wright County EDA FAX Sheet • Wright County EDA Presentation • Resolution No. 2021-022 Agenda Page 54 04'a 'M I WRIGHT HT U T &Air ECONOMIC DEVELOPMENT AUTHORITY What is the Wright County Economic Development Authority? The Wright County Economic Development Authority(EDA) is a local authority, a subdivision of Wright County with the primary objective of shepherding economic growth within Wright County. The EDA operates under the authority of Minnesota Statutes, Sections 469.090 through 469.1082. How was the EDA established? The formation of the EDA was recommended by an Advisory Committee which included city and township representatives. The committee met in August and October 2020 and provided a report in November 2020. In November 2020, The Wright County Board passed a resolution establishing the Wright County EDA. What will the EDA do? Facilitate and guide redevelopment of county owned properties. County EDAs have much more legal authority to pursue the repurposing of public assets than do counties themselves. The EDA will facilitate and guide the redevelopment of the current Government Center and Health & Human Services Building located in Buffalo. These two properties are anticipated to be vacated by Wright County staff at the end of 2021. Partner with local communities. The EDA will partner with local cities and townships as well as the Wright County Economic Development Partnership (WCEDP) and support their efforts to achieve specific projects and advance broader initiatives. Access state and federal resources. The EDA will seek to access state and federal resources that are available mainly to larger public development agencies. EDA Board Members & Staff Darek Vetsch, President Christine Husom,Vice-President Mark Daleiden, Board Member Ph: (763) 682-7687 Ph: (763) 682-7697 Ph: (763) 682-7686 Darek.Vetsch@co.wright.mn.us Christine.Husom@co.wright.mn.us Mark.Daleiden@co.wright.mn.us Mary Wetter, Board Member Michael Kaczmarek, Board Member Teri Lacherrneler, Board Member Ph: (763) 682-7696 Ph: (763) 682-7685 Ph: (763) 464-4732 Mary.Wetter@co.wright.mn.us Mike.Kaczmarek@co.wright.mn.us teri.lachermeier@ci.buffalo.mn.us Phil Kern, Board Member Lee Kelly, Executive Director Elizabeth Karels, Project Administrator Ph: (763) 972-0565 Ph: (763) 682-7377 Ph: (763) 684-8604 pkern@delano.mn.us Lee.Kelly@co.wright.mn.us Elizabeth.karels@co.wright.mn.us What will the EDA NOT do? The EDA does not intend to enact its own levy. Agenda Page 55 In establishing the EDA, the Wright County Board was clear that it has no intent for the EDA to levy its own dedicated property tax. EDA activities will be funded with Wright County resources. The EDA will be limited to economic development. Although some county EDAs also exercise powers available to housing and redevelopment authorities (HRAs), the Wright County EDA's powers are limited to economic development. The EDA does not intend to lead any development projects except for the development of county owned properties. With its focus on partnering with local communities and the WCEDP to achieve their objectives, the EDA does not expect to lead any projects other than the redevelopment of the Government Center and Health and Human Services Building. The EDA's role will be to augment the resources that other entities are bringing to advance projects throughout Wright County. What does local participation mean? Under state law, county EDAs may operate only in cities and townships that have adopted resolutions electing to participate in the EDA. Opting into the EDA If a city or township chooses to opt into the EDA's area of operation, the entity will be included in the EDA's area of operation. Opting in does not impose any obligation, financial or otherwise on the participating city or township. Opting in allows the participating city or township to take advantage of tools offered by the EDA, which may include tax increment financing (TIF), tax abatement, business loan programs and grant programs. Every five years, cities and townships having opted into the EDA may elect to withdraw, per Minnesota Statute, Section 469.1082 Subdivision 5. Opting out of the EDA If a city or township chooses to opt out of the EDA's area of operation, the EDA is not allowed to assist any development project in that community, even if requested by the city or township. Future EDA levies If the EDA ever decides to levy an EDA tax, all participating entities will have the option to withdraw from the EDA and not be subject to the EDA levy. Updated March 12,2021 Agenda Page 56 � � h C1 R O N� a c m wOO a Z LU � � Q � } Z r z ~¢ O Z Z 0 oa - W ~ O � F a Q 0 Iw a.� w � - � O _ co a. j tj3 20 F- LU Q W ado N � 4-0 E Q E 0 O O W � U H Q O EC o cn O w _0 E o _ _� Q — -0 O O > 1:21 a Z Q -0 + �O c O V W � N E O O 0 E Q i Fn 4� a N O C� o .tnN � � o" E.- � Jcn W cn � > o w Q a� W � 0 Q 4 � O 72 > O w o L) U W 00 � O = U w O O m 0 > — •� Cn U O 0 > 0 OO � M �+ F Z -U O O U CV O O Q � � U O O W 70 O U a) 0_ 0 .L cn o _ u_= vi g N 4-0 70 � CR o 4-0 4-0 LU q3 o U a) — u+ O � `� 70 U o o d O a- a)a) � O co co Q — -tf a ; n a) W a� O a) o � W � _ U 0 o co •� O J O N Q m _ Q � a) cn � � _ M O � ca o0 a) U O U M O (6 U U U- Q 0- W Q o � U o a) a) a) O E 0 �>'+ CDL o a > a N �� o N- O > H N 0O E a O o a) o Z O N o > W LU m }, _ a E 4-0 0 42 J n Q c N N x a Q Q Q °� a C) C) C) = W W W U a)a) a) a) 'a) Q 5, 0 p = N > Q ca (\■ O Z Q 0 0 N W Q � N N O 0) p E Z � N Q N O ' > L U Q > cTo O N CL 1 V Q N C: U a C� Lu o Q —>' � � o o o a > (6 a Q J . O 0 O Q LU �' W Q j LL U E cL 0) J QQ c6 E 0 N i � U (6 "�' W es• U � � U � Cl) >, u�i U � o LU � 5 Qin `� � c- � a) -0 o O o � -rQ00mm Q a0 O "-' ° 0) � a (D � .� 0 (D E ( aD � C: M x x � c oQ > � � (D L (D C:J) -0HHmU C)) -0 « (6 W > N Q C: N � N �' 7070 N (U O O O O W e - 4-- 0 O OU) -1--+ Q Q O p O W O N �--+ 70 (�• m O O a (n Q O CL a) p }' W }' W a) H U N 70 7 a N N LU W m _ 70 CD H U (n (n LU a Q O O 0 p m p m a) = W N cn Lu (n 70 N N a) .� p = Z V U u M C1 R a R c m as a CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-022 RESOLUTION OPTING THE CITY OF ALBERTVILE TO PARTICIPATE IN THE WRIGHT COUNTY ECONOMIC DEVELOPMENT AUTHORITY WHEREAS,The City of Albertville, Minnesota(the"Municipality") is located within Wright County, Minnesota(the"County"); and WHEREAS,pursuant to a resolution adopted by the Board of Commissioners of the County on November 24, 2020, the County established the Wright County Economic Development Authority (the "EDA") in accordance with Minnesota Statutes, Section 469.090 through 469.1082, as amended (the EDA Act"); and WHEREAS, Section 469.1082, subd. 5 of the EDA Act provides that the area of operation of the EDA shall include all cities and townships within the County that have adopted resolutions electing to participate in the EDA; and WHEREAS,the governing body of the Municipality has determined that it is in the best interests of the Municipality to elect to participate in the EDA; and WHEREAS,the Municipality may make an election to withdraw from participation in the EDA every fifth year following the adoption of the resolution electing to participate, all in accordance with the terms of Section 469.1082, subd. 5 of the EDA Act; and WHEREAS,notwithstanding Section 469.1082, subd. 5, if the EDA enacts an EDA levy, the EDA will notify the Municipality of the enactment of such levy and the Municipality shall have the opportunity to withdraw its participation in the EDA prior to the levy going into effect. NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City Albertville, Minnesota as follows: 1. The Municipality hereby elects to participate in the EDA. 2. The election to participate in the EDA shall take effect on the date of adoption of this approval and may only be withdrawn in accordance with Section 469.1082, subdivision 5 of the EDA Act. Adopted by the City Council of the City of Albertville on this 2nd day of August,2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 64 1bcrtvi11- City Administrator's Update Smallown Living.Big CRy Llfe July 29, 2021 GENERAL ADMINISTRATION Advanced Volumetric Alliance: AVA is working to finalize construction plans, the plat, and development agreement. The Preserve at Albertville: The Developer will be working to finalize the plat, plans and Development agreement over the next few weeks. A public hearing for an easement vacation, related to the sanitary sewer relocation, will be held at the second meeting in August. It is expected work on the site may begin in August. Additionally, a purchase agreement for Joint Powers Water to buy the two adjacent outlots is currently being reviewed by both parties. STMA Ice Arena: The city is currently advertising for a full time shift supervisor and expects to be interviewing applicants by the end of the month. Staff is in discussions with Hat Trick Hockey regarding retail space at the arena, and is in discussions will a potential vendor for the concession stand. The Arena Board will be reviewing both topics at their August meeting. City Owned Outlot B, Northwest Commercial Park: Outlot B (PID 101091000020) is located on 67t" Street NE behind the Premium Outlets. Staff is in discussions with a potential buyer/user and would like to discuss the sale of his lot at the meeting. Community Survey: At the next meeting, staff will present options for a community survey. FYCC: The FYCC Board recently approved its FY 2021-2022 budget for $226,334. Albertville projected cost is $40,278. Personnel Committee: The Personnel Committee recently met to review the 2021 salary survey, employee compensation and benefits, and proposed budget. ENGINEERING/PUBLIC WORKS 2021 Street Project: The project is generally complete with the exception of some punchlist items. Skate Park/Basketball Court: The skate park concrete work is complete and Omann's Bros. will begin grading around the skate park and basketball court construction next week. Barthel Industrial Drive: We are beginning the preliminary engineering and surveying on Barthel Industrial Drive in preparation for a 2022 project. This project will largely be funded by the 2020 LRIP funds. Agenda Page 65