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2021-01-04 City Council Agenda Packet A,lbertville City of Albertville Council Agenda Small Wing.Big City We. Monday, January 4, 2021 City Council Chambers 7 pm Due to COVID-19,the City Council will meet using a hybrid system of in-person and virtual electronic format. Those who wish to join the meeting via Zoom, please use the link below: Zoom Link: hiips://zoom.us/j/94116929463?pwd=KORNTzIIQ29kQzhZMzNUeFNhRXFJdzO9 Zoom Audio Number: 1-301-715-8592 Zoom Meeting ID: 9411692 9463 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. Oath of Office Jillian Hendrickson, Mayor Term Expires - December 31, 2022 Aaron Cocking, Council Member Term Expires - December 31, 2024 Walter Hudson, Council Member Term Expires - December 31, 2024 1. Call to Order 2. Pledge of Allegiance - Roll Call Pnes 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 November 30, 2020, City Council Workshop minutes as presented. 4 B. Approve the November 30, 2020, Joint Governance Meeting minutes as presented. 5 C. Approve the December 7, 2020, Truth-in-Taxation Meeting minutes as presented. 6 D. Approve the December 7, 2020, regular City Council Meeting minutes as presented. 7-11 E. Authorize the Monday, January 4, 2021, payment of claims as presented, except bills 12 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. F. Adopt Resolution 2021-001 designating Officials, Consulting Firms and Depositories for 13-15 2021. G. Authorize Two new Appointments to the Fire Department Board of Officers. 16-18 H. Approve Assessment Services Agreement with Wright County for 2022 and 2023. 19-26 L Approve Pay Estimate 42 to Omann Brothers for the 58th Street Improvements in the amount of$113,144.35. City of Albertville City Council Agenda Monday, January 4, 2021 Page 2 of 3 6. Consent Agenda - continued J. Approve Final Pay Estimate to Knive River for the 2020 Street Improvements in the amount of$34,737.32. 7. Wright County Sheriffs Office—Updates, reports, etc. 8. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC etc.) 2. Approve 2021 Board and Committee Appointments 27-30 (Motion to adopt Resolution 2021-002 appointing City Council members to various boards and committees for 2021.) B. Fire 1. Amending Title 6, Public Safety, Chapter 1,Volunteer Fire Department of 31-36 the Albertville City Code (Motion to adopt Ordinance No. 2021-01 amending Title 6, Public Safety, Chapter 1, Volunteer Fire Department of the Albertville City Code and approve summary ordinance for publication.) C. Planning and Zoning 1. Advance Volumetric Alliance Industrial Development Applications 37-94 (Adopt Resolution No. 2021-003 and Ordinance No. 2021-02 addressing the following development applications for Advanced Volumetric Alliance to allow for the construction of a 137,800+ sq.ft. manufacturing facility in the City of Albertville) 2. Public Hearing—Advance Volumetric Alliance Industrial DEED Grant 95-100 Applications • Mayor to open public hearing • Motion to close public hearing (Adopt Resolution No.2021-004 approving submission of a DEED Minnesota Investment Fund grant application and Resolution No. 2021-005 approving submission of a DEED Minnesota Job Creation Fund grant application) D. City Clerk-None E. Finance -None F. Public Works/Engineering -None G. Building -None H. Legal- None City of Albertville City Council Agenda Monday, January 4, 2021 Page 3 of 3 I. Administration 1. Renewal or Requoting of Recycling Contract 101-111 (Motion to authorize Staff to renegotiate an Extension of the Existing Recycling with Republic Services.) OR (Motion to authorize Staff to request Proposals for a new Recycling Contract.) 2. City Administrator's Update 112-113 10. Announcements and/or Upcoming Meetings January 11 STMA Arena Board, 6 pm January 12 Planning Commission, 7 pm January 18 Martin Luther King Jr. Day, City Offices closed January 19 City Council, 7 pm (Tuesday) January 25 Joint Powers Water Board, 6 pm Parks Committee, 7 pm February 1 City Council, 7 pm 11. Adjournment Nbertville Smoll 1".'LMng.Big City w.. ALBERTVILLE CITY COUNCIL WORKSHOP DRAFT WORKSHOP MINUTES November 30, 2020—5 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 5:05 pm. Present: Mayor Hendrickson and Councilmembers Cocking and Hudson Present: Sheriff Deringer, Chief Deputy Triechler and Deputy Kramber Absentee: Councilmember Halling and Olson Staff Present: City Administrator-PWD Nafstad, City Attorney Couri and City Clerk Luedke 2. Discussion with Wright County Sheriff Deringer Mayor Hendrickson opened the workshop and welcomed the Sheriff and Deputies. The Mayor provided background information on some recent demonstrations in the city. Councilmember Hudson asked Sheriff Deringer questions regarding a march down County Road 19 and other recent events. There was discussion between the City Council and the Sheriff's department regarding the recent events in the City and the current Executive Orders related to COVID 19. Sheriff Deringer provided information on the events and discussed the City's ordinance as it relates to possible consequences of violating the ordinance. He said the event organizer should be responsible for their events and what the possible follow up could be. City Attorney Couri and City Administrator Nafstad answered questions from the Council regarding possible City Code language. 3. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hudson to adjourn the meeting at 6 pm. Ayes: Cocking, Hendrickson and Hudson. Nays: None. Absentee: Halling and Olson. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk Mm 0 -�_ "a RT) APertville L, l ih l all Wing.BigUfa. - St. Michael-Albertville School Board -- City of Albertville-- City of St. Michael Preliminary Minutes Virtual Joint Governance Meeting Monday, November 30,2020,6:00pm Members of the Cities and School Board resent: City of Albertville City of St.Michael STMA School Board Rob Olson,Council Member Joe Hagerty,Council Member Kari Dwinnell,Vice-Chairperson Adam Nafstad,City Administrator Tom Hamilton,Council Member Tim Lewis,Treasurer Walter Hudson,Council Member Marc Weigle,Community Development Director Carol Steffens,Clerk Jillian Hendrickson,Mayor Ryan Gleason,Council Member Larry Sorensen,Director Nadine Schoen,Acting Mayor Hollee Saville,Director Keith Wettschreck,Council Member Dr.Ann-Marie Foucault,Superintendent Steve Bot,City Administrator 1. Call to Order STMA School Board Vice-Chairperson Dwinnell called the meeting to order at 6:03pm with the Pledge of Allegiance. 2. Set Agenda Saville/Schoen.Motion to approve the agenda as presented. The following voted in favor thereof:Olson,Hudson,Hendrickson,Hagerty,Hamilton,Gleason,Schoen,Wettschreck,Dwinnell,Lewis, Steffens,Sorensen,Saville And the following voted against the same:none. Motion carried unanimously. 3. Reports A. School district:Demographics and Growth Study report findings B. School district:COVID impacts/plans STMA Director of Business Services Kris Crocker shared information about STMA enrollment levels and projections,the current budget status,and the impact of COVID-19 on our expenditures and revenue. C. Cities:Development updates St.Michael Community Development Director Marc Weigle shared the status of several construction projects in St.Michael. Albertville City Administrator Adam Nafstad shared the status of several construction projects in St.Michael 4, Adjourn Steffens/Saville.Motion to adjourn at 7:20pm. The following voted in favor thereof:Hudson,Hendrickson,Hagerty,Hamilton,Gleason,Schoen,Wettschreck,Dwinnell,Lewis,Steffens, Sorensen,Saville And the following voted against the same:none. Motion carried unanimously. NIbertville .9.BigALBERTVILLE CITY COUNCIL TRUTH-IN-TAXATION HEARING MINUTES December 7, 2020— 6:15 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 6:15 pm. 2. Pledge of Allegiance—Roll Call Present: Mayor Hendrickson, Councilmembers Cocking and Olson Absentee: Councilmember Halling and Hudson Staff Present: City Administrator-PWD Nafstad, City Clerk Luedke and Finance Director Lannes 3. TRUTH-IN TAXATION HEARING Finance Director Lannes provided an overview of how the property taxes are calculated and how the budget process works. She presented the historical levy data and explained the expected changes to the revenue and expenditures for 2021. She stated the proposed levy increase is 2.90%. Ms. Lannes said she received a call from Mr. Todd Zachman, 5584 Lambert Avenue. She said Mr. Zachman asked if there was a plan for more commercial property in the City because that would help to take the burden of the resident property owners. He also said he did not like the school levy including the STMA arena. Ms. Lannes said she would called Mr. Zachman back after the meeting. Mayor Hendrickson opened the public hearing and called for any public comments. There were no public comments. 4. Adjournment MOTION made by Councilmember Olson, second by Councilmember Cocking to adjourn the meeting at 6:25 pm. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk j4\\1bertville Small Town UW g.Big CRy W.. ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES December 7, 2020— 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7:02 pm. 2. Pledge of Allegiance—Roll Call Present: Mayor Hendrickson, Councilmembers Cocking and Olson Absentee: Councilmembers Halling and Hudson Staff Present: City Administrator-PWD Nafstad, City Clerk Luedke, Finance Director Lannes, City Attorney Couri and City Planner Brixius 3. Recognitions—Presentations—Introductions -none 4. Public Forum There was no one present for the forum. 5. Amendments to the Agenda City Administrator Nafstad added an item under section the City Clerk section entitled Set Public Hearing for Advance Volumetric Alliance DEED grant for January 4, 2021. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to approve the December 7, 2020, agenda as amended. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. 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 November 12, 2020, Canvassing Board minutes as presented. B. Approve the November 12, 2020, Joint City Council and Planning Commission Workshop minutes as presented. C. Approve the November 16, 2020, regular City Council Meeting minutes as presented. D. Authorize the Monday, December 7, 2020, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. E. Authorize the payment of all just claims received by December 31, 2020, which would be the year-end closeout of payments of claims. F. Adopt Resolution No. 2020-035, establishing the 2021 City Observed Holidays. G. Adopt Resolution No. 2020-036, establishing 2021 City Council Regular Meeting Dates. City Council Meeting Draft Minutes Page 2 Regular Meeting of December 7,2020 6. Consent Agenda - continued H. Adopt Resolution No. 2020-037, designating the 2021 Polling Places for the 2021 Election Cycle in the City of Albertville. I. Authorize new Appointment to the Fire Department Board of Officers. J. Reduce Letter of Credit No. 163975275, held as security for Goddard School, to no less than $17,212, conditioned on any outstanding balances owed to the City being paid in full. K. Reduce Letter of Credit No. 631834603, held as security for the Karston Cove 51' development,to no less than $2,500, conditioned on any outstanding balances owed to the City being paid in full. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the December 7, 2020, consent agenda as submitted. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. 7. Public Hearing 8. Wright County Sheriff's Office—Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (S'TMA Ice Arena, Planning, JPKB, Parks, Fire Board, FYCC, etc.) There were no updates. B. Fire - None C. City Clerk 1. Approve waiving 2021-2022 Liquor License Fees for On-Sale Liquor Establishments City Clerk Luedke presented the staff report and answered questions from Council. Councilmember Olson recommended amending the resolution language for the waiver to only apply to establishments having an on-sale liquor license during the 2020-2021 period. The Council discussed the item and agreed with the amendment. City Administrator Nafstad said the intent of the resolution was for the waiver to apply only to the current liquor license holders. City Attorney Couri answered questions from Council. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to adopt Resolution No. 2020-038, approving the waiver of the 2021-2022 liquor license fees for the on-sale liquor establishments in the City of Albertville as amended. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. 2. Adopt 2021 Fee Schedule Ordinance City Administrator Nafstad presented the staff report and said the majority of the fees would remain unchanged for 2021. He said the sewer and water fees would be increased by 2% which was consist with Council's direction in 2020 and he answered questions from Council. City Council Meeting Draft Minutes Page 3 Regular Meeting of December 7,2020 2. Adopt 2021 Fee Schedule Ordinance - continued Finance Director Lannes answered questions from Council regarding the storm water fees. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to adopt Ordinance No. 2020-06, amending Title 3, Chapter 1, Section 3-1-3 (City Fees, Fines and Rates Schedule in the Albertville Municipal Code) and approve summary Ordinance for Publication. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. 3. Consider Canceling December 21, 2020, City Council Meeting City Administrator Nafstad said he received a request to cancel the December 21 City Council meeting due to a schedule conflict. He added there are no agenda items scheduled for the meeting. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to cancel the regularly scheduled City Council meeting of December 21, 2020. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. 4. Set Public Hearing for Advance Volumetric Alliance Grant for January 4, 2021 City Administration Nafstad and City Attorney Couri answered questions from Council regarding the proposed public hearing. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to set a Public Hearing for Advance Volumetric Alliance Grant application for January 4, 2021, at 7 pm. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. D. Finance 1. Adopt 2021 Property Tax Levy and Final Budget Finance Director Lannes said with the earlier approval of the resolution to waive the 2021-2022 liquor license fees, the proposed budget would need to be amended. She said the revenue under Liquor Licenses needed to change to zero and the General Funds Reserves would need to be increased by $30,000 to balance the budget. She answered questions from Council. There was Council discussion regarding the 2021 property tax levy and final budget. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to adopt Resolution No. 2020-039, adopting the Property Tax Levy Collectible in 2021 (for 2.90%). Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to adopt Resolution No. 2020-040 adopting the 2021 Final Budget as amended. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. E. Planning/Zoning 1. Golf Cart and ATV Use on City Street City Planner Brixius said the City has received a number of complaints regarding golf carts and ATVs driving on city streets. He said State Law prohibits golf carts on streets unless a City allows it and he answered questions for Council. City Council Meeting Draft Minutes Page 4 Regular Meeting of December 7,2020 1. Golf Cart and ATV Use on City Street- continued City Administrator Nafstad provided additional information on golf cart and ATV use and said that the item could be brought back in 2021. City Attorney Couri answered questions from Council. A Wright County deputy who was in attendance said he has not seen very many golf carts or ATVs on the streets and did not think that the sheriff's office had received very many complaints. There was Council discussion regarding the golf cart and ATV use and the consensus was to table the item until March 2021. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to table the item until March 2021. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. 2. Adopt Interim Ordinance establishing a Moratorium on Thrift Stores City Planner Brixius presented the staff report regarding approving a moratorium on new thrift stores. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to adopt Resolution No. 2020-041, adopting Interim Ordinance No. 2020-07, establishing a Moratorium on new Thrift Stores within the City of Albertville. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. F. Public Works/Engineering 1. Main Street School Zone Speed Limit Discussion City Administrator Nafstad said Councilmember Hudson requested this item to be added to the agenda. He provided background information and said the City currently has a school speed limit in place. He said there was new legislation in place giving cities the ability to change residential speed limits. There was Council discussion regarding the speed limit on Main Street during school hours, speed limit signage options and a possible future streetscape vision plan. The Council directed staff to bring the item back to a future workshop. City Administrator Nafstad said he would schedule a Council workshop in early 2021 to discuss the item further. G. Building—None H. Legal 1. Replace T1 with Fiber Connection Finance Director Lannes presented the history on the City's T1 Wireless System installation. City Administrator Nafstad provided information on granting access to the City building. City Attorney Court provided details on the agreements with Arvig for the right of entry for City Hall and Depot. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to direct Staff to move forward with the replacement of the Tl line with Fiber and approve Right of Entry Agreements with Arvig for the City and Depot. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. City Council Meeting Draft Minutes Page 5 Regular Meeting of December 7,2020 2. Maintenance of Private Road serving Albertville Plaza City Attorney Couri presented the staff report which included background information on the private road which services Albertville Plaza. He said the road now requires major reconstruction at a great cost to the property owners. Mr. Couri said staff has identified three alternatives to address the situation and provided details on the alternatives. He answered questions from Council. City Administrator Nafstad answered questions from Council regarding the road and the options for maintaining it. City Director Lannes answered questions from Council regarding the billing information. There was Council discussion regarding the alternatives. The Council directed staff to meet with the property owners involved to discuss the previous agreement and the possible options for the road reconstruction and then bring the item back on a future meeting with the information. 3. Maeyaert Property Update City Attorney Couri provided background information on the previous litigation on the Maeyaert property and provided an update on the status of court order. He answered questions from Council. City Administrator Nafstad answered questions for Council and provided additional information on the status of the property. I. Administration 1. City Administrator's Update City Administrator Nafstad said the Planning Commission is scheduled to meet on the preliminary plat and rezoning application for Advanced Volumetric Alliance. He also provided information on the Towne Lakes 6th Townhomes regarding the development agreement's requirement that the townhome must be owner occupied. City Attorney Couri answered questions from Council regarding the developer's agreement and possible issues for buyers if they did not abide by the agreement. Announcements and/or Upcoming Meetings December 8 Planning Commission, 7 pm December 14 STMA Arena Board, 6 pm December 23 City Hall closed in observance of Christmas December 28 Joint Powers Water Board, 6 pm Parks Committee, 7 pm December 31 City Hall closed in observance of New Years 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Olson to adjourn the meeting at 8:28 pm. Ayes: Cocking, Hendrickson and Olson. Nays: None. Absentee: Halling and Hudson. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk �lbcrtviljc Mayor and Council Request for Action I f January 4, 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, January 4, 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) A,lbertville Mayor and Council Request for Action Small Town LIWng.Big Ufs. January 4, 2021 SUBJECT: CONSENT-CITY CLERK-2021 OFFICIAL DESIGNATIONS AND APPOINTMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution 2021-001 designating officials, consulting firms, and depositories for 2021. BACKGROUND: Each year, the City Council must designate City officials, the official newspaper for City legal publications, official depositories, and consultants to the City. These designations will be effective January 4, 2021. KEY ISSUES: • An Acting Mayor must be appointed in case of absence of the Mayor to conduct a City Council meeting. • All consultants have expressed interest to continue their service. • Staff recommends the depositories stay the same as the previous year and would include: Dain Rauscher Financial Security Bank LMC 4M Fund Northland Securities, Inc. Premier Bank UBS Financial Services, Inc. Wachovia Securities/Wells Fargo LEGAL ISSUES: The Mayor and City Council have the authority to review and approve designations. Responsible Person/Department: Kris Luedke, City Clerk Submitted by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2021-001 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-001 A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER, OFFICIAL DEPOSITORIES,AND CITY CONSULTANTS FOR 2021 WHEREAS, it has been the policy of the Albertville City Council to make annual designations and appointments at the beginning of each year, and; WHEREAS,the City Council of Albertville, Minnesota, establishes the following are appointed and designated for the year 2021: Acting Mayor: Rob Olson Animal Control: Monticello Animal Control Weed Inspector: Public Works Supervisor, Tim Guimont Bond Counsel: Briggs &Morgan Kennedy & Graven Building Official Paul Heins, City of St. Michael City Attorney: Couri & Ruppe, P.L.L.P. City Engineer: Adam Nafstad, P.E. City Planner: Northwest Associated Consultants Consulting Engineer: Bolton&Menk, Inc. Financial Advisor: Northland Securities Springsted, Inc. Official Newspaper: North Crow River News (Sun Media) Official Depositories: Dain Rauscher Financial Security Bank LMC 4M Fund Northland Securities, Inc. Premier Bank UBS Financial Services, Inc. Wachovia Securities/Wells Fargo Tax Increment Consultants: Briggs &Morgan Kennedy & Graven City of Albertville Resolution No. 2021-001 Meeting of January 4,2021 Page 2 NOW, THEREFORE, BE IT RESOLVED,that such appointments and designations shall take effect as of January 1, 2021 and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Adopted this 4tn day of January, 2021 by the Albertville City Council. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Nlbertville Mayor and Council Request for Action Small 1-a firing.®ig City IUn. January 4, 2021 SUBJECT: CONSENT-FIRE -AUTHORIZE FIRE DEPARTMENT BOARD OF OFFICERS APPOINTMENTS RECOMMENDATION: It is respectfully requested that the Mayor and City Council authorize the following: MOTION TO: Authorize two new appointments to the Fire Department Board of Officers. BACKGROUND: The Fire Department has gone through a promotional process to fill two vacancies in the Board of Officers. The Fire Department promotional process is outlined in Section 4.3.1 (Board of Officer Appointments) of the Albertville Fire Department's (AFD) Standard Operating and Response Guidelines, and includes: • Application Scoring • Call% Review • Activity Time Review • Peer Evaluation • Written Test • Interview Panel o The Training Captain Interview Panel included Chief Officers from outside Fire Departments o The Captain Interview Panel included the Chief Officers from the AFD After the completed promotional process, the following candidates ranked first for their respective rank and the Fire Department requests their appointments: Training Captain=Kyle Gammell Current Firefighter, Kyle Gammell, has the following background and experience as it relates to the Training Captain position: • Currently 2.5 years as an AFD member • Currently 6-years as a Full-Time Firefighter/Fire Apparatus Operator for the St. Cloud Fire Department o Covers shifts as an Acting Captain • Previous 10-years as a St. Michael Fire Department member o 5-years as a Lieutenant • Previous 10-years as an EMT/FTO with CentraCare Health • Certifications in: o Aircraft Rescue and Firefighting (ARFF), Fire Fighter I, Firefighter H, Haz-Mat Operations, Haz-Mat Technician, Fire Apparatus Operator, Fire Instructor I, Fire Officer I, Fire Officer II, Fire Investigator, Technical Rescuer - Ropes I, Mayor and Council Request for Action—January 4, 2021 Authorize Fire Department Board of Officer Appointment Page 2 of 3 Technical Rescuer - Confined Space Rescue I, Technical Rescuer - Confined Space Rescue II, Wildland Firefighter • FEMA Certifications in: o ICS 100 /ICS 200 /ICS 700 • National Registry of Emergency Medical Technicians: o NREMT-Basic • Additional Experience and Training: o Blue Card Command - Incident Command Training Program o Member of the State of Minnesota Chemical Assessment Team o Member of the State of Minnesota Radiological Emergency Preparedness Team o Member of the St. Cloud Technical Rescue Team o Basic Life Support CRP Instructor • Professional License: o Minnesota Board of Firefighter Training and Education - Firefighter License Captain =Darrick Asleson Current Lieutenant 91, Darrick Asleson, has the following background and experience as it relates to the Captain position: • 16-years as an AFD member o 7-years as a Lieutenant • Certifications in: o Fire Fighter I, Firefighter II, Haz-Mat Operations, Haz-Mat Technician, Fire Apparatus Operator, Confined Space Rescue I and II, and Ropes I. • FEMA Certifications in: o ICS 100 /ICS 200 /ICS 700 • Minnesota Emergency Medical Services Board o Emergency Medical Responder • National Fire Academy Classes: o Leadership I, II, III o Incident Safety Officer • Additional Experience and Training: o Blue Card Command - Incident Command Training Program o Member of the Wright County Special Response Unit o Advanced Rope Rescue • Professional License: o Minnesota Board of Firefighter Training and Education - Firefighter License KEY ISSUES: • The Fire Department has gone through a promotional process to fill vacancies in the Board of Officers. • The AFD members have each finished first in their respective promotional process. • If approved, the appointments will become effective on Tuesday, January 5t'2021. FINANCIAL CONSIDERATIONS: The salaries associated with the appointments are part of the approved 2021 operational budget of the Fire Department. Mayor and Council Request for Action—January 4, 2021 Authorize Fire Department Board of Officer Appointment Page 3 of 3 LEGAL ISSUES: The City Council has the authority to approve new positions and hire personnel. Submitted By: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD �lbcrtvillc Mayor and Council Request for Action I f January 4, 2021 SUBJECT: CONSENT-WRIGHT COUNTY ASSESSMENT SERVICES AGREEMENT FOR 2022-2023 RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the Wright County Assessment Services Agreement for 2022-2023. BACKGROUND: The Wright County Assessor's Office has been providing Albertville with assessment services dating back to the early 1990's. Wright County provides experienced and licensed assessors and has provided consistency in the valuation of properties. A comparison of the current rates and the proposed new rates are below: Parcel Type 2020-2021 Costs 2022-2023 Costs Existing Parcel Assessment $13.00/parcel- 2020 $14.00/parcel-2022 $14.00/ arcel -2021 $15.00/ arcel -2022 New Construction/Addition - $50.00/parcel $60.00/parcel Residential/Commercial/Industrial/ Apartment/Exempt under$499 999 New Construction/Addition - $150.00/parcel $160.00/parcel Residential/Commercial/Industrial/Apartment /Exem t over $500,000 The agreement will begin January 2, 2021 and will end June 30, 2023 KEY ISSUES: • Wright County Assessor's Office has experienced and licensed assessors who specialize in both residential and commercial properties. • The County Assessor is able to provide consistent assessment values across multiple jurisdictions. • The County will not be adjusting the rates for the 2022 assessment of$14 per parcel from the previous assessment year. The fee will be increased to $15 per parcel for the 2023 assessment on all parcels within Albertville. • The fee for the assessment of new any construction or additions to a residential/ commercial/industrial/apartment with a permit value of$499,999 and under will be increased from $50 to $60 per new building/addition. The fee for the assessment of any new construction or addition to a commercial/industrial/apartment with a permit value of$500,000 and greater will be increased from $150 to $160. POLICY CONSIDERATIONS: It is the City's policy to evaluate and consider contracts on a case by case basis, seeking the best value for the City. Mayor and Council Request for Action—January 4, 2021 Wright County Assessment Services Page 2 of 2 FINANCIAL CONSIDERATIONS: The City budgets annually for these assessment services. Responsible Person/Department: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PAID Attachments: Wright County 2022-2023 Assessment Services Agreement On, WRIGHT COUNTY fim M I N N E S OTA ASSESSOR'S OFFICE MEMORANDUM REGARDING PROPERTY ASSESSMENT CONTRACTS November 2,2020 In October of 2020,the county board reviewed the costs associated with performing the property assessment and the revenue received by the jurisdictions that employ the services of the Wright County Assessor's Office.The Board ratified the contract rates at the October 201 meeting. I have enclosed a copy of the assessment contract for the 2022 and 2023 assessment years,feel free to contact me if you have any questions. If you plan to renew your contract with our office,please send a signed copy by January 15,2021. Findings by the Board included: • Local assessors have been retiring,districts that were under contract with local assessors haven't been able to find replacements,requiring the County to hire appraisers to perform the assessment for those districts thereby increasing costs to the County. • Legislation requires all assessor's to be accredited within four years of hire,resulting in higher up-front expenses for training. Additional continuing education for all assessors is also being mandated by law. Items ratified by the County Board(changes to the previous contract): • Our office will not be adjusting our rate for the 2022 assessment of$14 per parcel from the previous assessment year. • The fee is to be increased to$15 per parcel for the 2023 assessment.This fee is to be charged on all parcels within each jurisdiction. In addition,for districts that issue their own building permits: • The fee for the assessment of any new construction or addition to a residential/commercial/industrial/apartment with a permit value of$499,999 and under will be increased from$50 to$60 per new building/addition. • The fee for the assessment of any new construction or addition to a commercial/industrial/apartment with a permit value of$500,000 and greater will be increased from$150 to$160. • Note that most jurisdictions pass these costs on to the property owner as part of the permitting process • This fee change is in effect for both the 2022 and 2023 assessments. If you have any questions regarding the contract or these changes,please contact me via email at or via phone at 763-682-7372. Sincerely, Tony Rasmuson,SAMA Wright County Assessor An Equal Opportunity Employer 1 10 2^d St.NW Buffalo,MN 55313 1 www.comright.mn.us ASSESSMENT SERVICES AGREEMENT THIS AGREEMENT,made and entered into by and between the County of Wright, a political subdivision of the State of Minnesota,hereinafter referred to as the"County" and the City of Albertville a political subdivision of the State of Minnesota,hereinafter referred to as "City/Township"; WHEREAS, said City/Township lies either wholly or partially within the County and constitutes a separate assessment district; and WHEREAS,under such circumstances the provision of the Minnesota Statutes, Sections 273.072 and 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said City/Township desires the County to perform certain assessments on behalf of said City/Township; and WHEREAS, the County is willing to cooperate with said City/Township by completing the assessment in a proper manner; NOW,THEREFORE, in consideration of the mutual covenants contained herein it is agreed as follows: 1. The County shall perform the 2022 and 2023 property assessment for the City/Township in accordance with the property assessment procedures and practices established and observed by the County, the validity and reasonableness of which are hereby acknowledged and approved by the City/Township. The property assessment by the County shall be composed of those assessment services which are set forth in Exhibit A, attached hereto and made a part hereof by reference. 1 2. All information,records, data,reports, and the like that are necessary to allow the County to carry out its responsibilities under this Agreement shall be furnished to the County without charge by the City/Township and the City/Township agrees to cooperate in good faith with the County in carrying out the work under this Agreement. 3. The City/Township agrees to furnish, without charge,work space, if needed, for an appraiser to perform such tasks as document review, with such tasks to be performed during normal business hours for the City/Township. 4. The County agrees to indemnify and hold harmless the City/Township and all of its agents and employees against any and all claims, demands, actions or causes of action arising out of or by reason of the performance of work provided for herein to be performed by the County. It is further agreed that any and all full time employees of the County engaged in the performance of any work or services required or provided for herein shall be considered employees of the County only and not of the City/Township and that any and all claims that may arise under the Workman's Compensation Act of the State of Minnesota and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees shall be the sole obligation and responsibility of the County. 5. This Agreement shall commence on January 2, 2021 and shall terminate on June 30, 2023. Either party may initiate an extension of this Agreement for a term of two years by giving the other party written notice of its intent to extend no less than 120 days prior to the termination of this Agreement. If the party who receives said notice of intent to extend gives written notice 2 to the other party of its desire not to extend the Agreement at least 60 days prior to the termination of this Agreement, this Agreement shall terminate on June 30, 2023. 6. In consideration of said assessment services, the City/Township agrees to pay the County a fee of$14.00 per parcel for the 2022 and$15.00 per parcel for the 2023 assessment. In addition, there will be an additional fee of$60.00 for each new construction residential or commercial/industrial building permit with an estimated construction cost of$499,999.00 or less. There will also be an additional fee of$160.00 per parcel for each new construction residential or commercial/industrial building permit with an estimated construction cost of$500,000.00 or more. These additional fees shall be only applicable in those cities or townships which issue their own building permits. 7. Any notice which may be given or made by a party hereto under the terms of this Agreement shall be in writing and shall be sent by United States Mail or personally delivered to the other party addressed as follows: To City: City of Albertville 5959 Main Ave NE,PO Box 9 Albertville, MN 55301 To County: Anthony P. Rasmuson, Wright County Assessor Wright County Government Center 10 2nd Street NW, Room 100 Buffalo,MN 55313 8. The Agreement may be amended or modified only by written agreement signed by authorized representatives of the parties hereto. 3 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf,this?day of ��v v , 2020. WRIGHT COUNTY Dated: 1 2 By Ant ony P. R uson Wright Count Assessor City of Albertville Dated: By _ Dated: By 4 EXHIBIT A During the term of this Agreement,the County shall: 1. Physically inspect and value and classify real property, in accordance with State statutes. 2. Physically inspect and value all new construction, additions and renovations. 3. Conduct valuation reviews prior to Board of Review or Open Book Meeting. 4. Attend Board of Review or Open Book Meetings either in person or virtually. Per Board request,make all necessary review appraisals. 5. Keep updated property records including physical characteristics, sales data, current values and classifications. 6. Administer all State mandated property tax programs and maintain proper documentation. 7. Print and mail valuation and classification notices. 8. Respond to taxpayers regarding assessment or appraisal inquiries and concerns. 9. Process all divisions, combinations,new plats, and annexations including revaluation and reclassification of affected parcels. 10. Administer the abatement process pursuant to Minn.Stat. § 375.192 and county abatement policy. 11. Make appraisals for, testify and/or negotiate all District Court and Tax Court filings. 12. Adjust estimated market values on all property annually based upon the market analysis of existing real estate market conditions. 5 A,lbertville Mayor and Council Request for Action Small Town LIWng.Big Ufs. January 4, 2021 SUBJECT: CITY COUNCIL—2021 APPOINTMENTS TO BOARDS AND COMMITTEES RECOMMENDATION: It is respectfully requested that the Mayor and City Council review and make any desired adjustments to the list appointments and committee assignments, and then consider the following: MOTION TO: Approve Resolution No. 2021-003, with amendments, appointing City Council members to various boards and committees for 2021. BACKGROUND: Each year, the City Council must make appointments to the City's various boards and committees. KEY ISSUES: • Alternates are appointed to the boards and committees to serve in the case of absence of the appointed Council member. • Staff appointments are also made to the boards and committees. • Below is the historical frequency, day, and time the boards and committees generally meet (subject to change): Board/Committee Frequency Day/Week Time Cable TV Board As Needed Emergency Management Director As Needed Economic Development Authority (EDA) As Needed Fire Advisory Committee—Albertville & lx/Qtr 1st or 2nd Wed. 6 pm Otsego Fire Relief Association Representatives lx/Qtr FYCC Ix/month TBD Joint Powers Water Board Ix/month 4th Mon. 6 pm Library As Needed Otsego Creek Authority As Needed Parks Committee Ix/month 4th Mon. 7 pm Personnel Committee 4x/year Planning Commission Ix/month 2nd Tues. 7 pm Emergency Management Committee As Needed Public Works Committee 2x/year STMA Ice Arena Board Ix/month 2nd Mon. 6 pm I-94 West Corridor Coalition Ix/month 2nd Thurs. 1 pm Mayor and Council Request for Action—January 4, 2021 2021 Appointments to City Boards and Committees Page 2 of 2 LEGAL ISSUES: The Mayor and City Council have the authority to review and approve appointments to boards and committees of the City. Submitted by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2021-002 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-002 A RESOLUTION APPOINTING CITY COUNCIL MEMBERS TO BOARDS AND COMMITTEES FOR 2021 WHEREAS, it has been the policy of the Albertville City Council to make annual appointments of City Council members to its various boards and committees at the beginning of each year; and WHEREAS,the City Council establishes the following are appointed for the year 2021: Cable TV Board Jillian Hendrickson Emergency Management Director Fire Chief Economic Development Authority (EDA) Mayor and all Council members Emergency Management Committee Aaron Cocking Rob Olson Fire Chief Alternate—Rebecca Halling Fire Advisory Committee—Albertville & Otsego Aaron Cocking Rob Olson Fire Chief Finance Director City Administrator Fire Relief Association Representatives Fire Chief Aaron Cocking City Administrator FYCC Rob Olson Alternate—Rebecca Halling Joint Powers Water Board Jillian Hendrickson Rob Olson Alternate—TBD Library Jillian Hendrickson Otsego Creek Authority Rob Olson Planning Commission Rep City of Albertville Resolution No. 2021-003 Meeting of January 4,2021 Page 2 Personnel Committee Jillian Hendrickson Rob Olson Planning Commission Rebecca Halling Alternate—Rob Olson Public Works Committee Aaron Cocking Rob Olson Water/Wastewater Supervisor Public Works Supervisor City Administrator STMA Ice Arena Board Aaron Cocking Rebecca Halling Alternate - TBD Arena Manager City Administrator Finance Director 1-94 West Corridor Coalition Jillian Hendrickson City Administrator Alternate—Rob Olson NOW, THEREFORE, BE IT RESOLVED,that such appointments shall take effect on the date January 1, 2021, and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Adopted this 41h day of January 2021 by the Albertville City Council. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk �lbcrtvillc Small Town Wag.iNg City Lft. Mayor and Council Request for Action January 4, 2021 SUBJECT: FIRE DEPARTMENT-AMENDING TITLE 6,PUBLIC SAFETY,CHAPTER 1, VOLUNTEER FIRE DEPARTMENT OF THE ALBERTVILLE CITY CODE. RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Ordinance No. 2021-01, amending Title 6 Public Safety, Chapter 1, Volunteer Fire Department of the Albertville City Code and approve summary of Ordinance for publication. BACKGROUND: The Fire Department has recently updated their Standard Operating Policies and Procedures, including the composition of the Board of Officers, and is requesting an update to the Albertville Municipal City Code to reflect those, and other, changes. KEY ISSUES: The following Sections of Title 6 Public Safety, Chapter 1, Volunteer Fire Department of the Albertville Municipal City Code were updated: • Section 6-1-1 = Removal of the Fire Relief Association Board of Trustee members from the Fire Department Board of Officers composition. • Section 6-1-2 =Updated the Eligibility and Probationary Language, to refer to the current Fire Department Standard Operating Policies and Procedures and City of Albertville Personnel Policy. • Section 6-1-4 =Updated the composition of the Board of Officers to reflect the recently authorized Training Captain position. Removed of Fire Relief Association Board of Trustee members from the Fire Department Board of Officers composition. • Section 6-1-7 =Updated the Dismissal Language to refer to the current Fire Department Standard Operating Policies and Procedures and City of Albertville Personnel Policy. • Section 6-1-9 = Added language authorizing a Fire Relief Association. POLICY/PRACTICES CONSIDERATIONS: Section 6, Chapter 1, of the Albertville Municipal City Code addresses the Volunteer Fire Department. LEGAL CONSIDERATIONS: In accordance with Council procedures,the Mayor and Council have the authority approve the code amendment which requires a majority vote of the City Council and becomes effective upon publication. Department/Responsible Person: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator Attachments: City Code Volunteer Fire Department Section with underlined/overstruck Ordinance No. 2021-01 Summary Ordinance No. 2021-01 TITLE 6 PUBLIC SAFETY CHAPTER 1 VOLUNTEER FIRE DEPARTMENT SECTION: 6-1-1: Fire Department Established; Composition 6-1-2: Qualifications of Members 6-1-3: Fire Chief 6-1-4: Board of Officers 6-1-5: Standard Operating Procedures 6-1-6: Duties of Department Officers 6-1-7: Dismissals 6-1-8: Prohibited Acts 6-1-9: Fire Relief Association Sec. 6-1-1: FIRE DEPARTMENT ESTABLISHED; COMPOSITION: There is hereby established in the City a volunteer Fire Department, consisting of a Fire Chief, a Deputy Fire Chief, an Assistant Fire Chief,aDepaftmew Pr-esiuent a DepaAffient Viee—P-es-iden a DepaFtmelit Seer-etai-7y, a Board of Officers, and not less than ten(10)nor more than thirty-three (33) firefighters, including the above positions. The number of firefighters shall be determined by the City Council. Sec. 6-1-2: QUALIFICATIONS OF MEMBERS: A. , shall be r-estfieted to individuals bet-wee the ages of eigh4een(18) and si�ity five (65). Meffimber-s shall Fetife no later-than the first day of th-e men4h following theif si*ty fifth bifthday.New membefs shall be at least eighteen(18) yeafs of age a the time of appliea4ien. Eligibility: Each member shall meet the requirements outlined in the Fire Department's Standard Operating Policies and Procedures. B. Probation: Each applicant accepted by the Fire Department shall serve a one-year probationary period, as outlined in the Fire Department's Standard Operating Policies and Procedures. At any time during the probationary period,the firefighter may be dismissed if the employee's performance does not meet the required standards diffi„g whieh the firefighter,r be dismissed with eattse. C. Additional Requirements: Probationary and regular firefighters shall meet such additional qualifications as set forth in the Department Standard Operating Policies and Procedures. Sec. 6-1-3: FIRE CHIEF: A. Appointment: The Fire Chief shall be appointed by a majority of the City Council. B. Duties: The Fire Chief or designee shall perform the duties of the Fire Marshal as set forth in the City Fire Code. Sec. 6-1-4: BOARD OF OFFICERS: A. Composition: The Board of Officers of the Department shall consist of the Fire Chief, Deputy Fire Chief, Assistant Fire Chief—,thfee{3-) four 4 Captains and three (3) Lieutenants. Pr-esident,3A Pfes-iderrt, and Seeret-a� B.C—. Duties: The duties of the Board of Officers shall be set forth in the Department's Standard Operating Policies and Procedures. Sec. 6-1-5: STANDARD OPERATING PROCEDURES: The Department shall adopt Standard Operating Policies and Procedures at the direction of the Board of Officers, subject to the confirmation of the City Council. The Standard Operating Policies and Procedures shall be consistent with this chapter and all other present or subsequent City ordinances. If the Department's Standard Operating Policies and Procedures conflict with a City ordinance, the City ordinance shall prevail. Sec. 6-1-6: DUTIES OF DEPARTMENT OFFICERS: The duties of the Fire Chief, Deputy Fire Chief, Assistant Fire Chief, and all other elected or appointed officers of the Department shall be set forth in the Standard Operating Policies and Procedures of the Department. Sec. 6-1-7: DISMISSALS: The Board of Officers or City Council may dismiss probationary firefighters for-any reason at any time during the probationary period if the employee's performance does not meet the required standards as outlined in the Fire Department's Standard Operating Policies and Procedures. The City Council may also dismiss regular firefighters or may remove appointed Officers of the Department for cause. Sec. 6-1-8: PROHIBITED ACTS: It shall be unlawful for any person to give or make, or cause to be given or made, an alarm without probable cause, or to neglect or refuse to obey any reasonable order of the Chief at a fire, or to interfere with the Department in the discharge of its duties; and any person guilty of violating this section shall be punished as provided in section 1-4-1 of this Code. Sec. 6-1-9: FIRE RELIEF ASSOCIATION: There is hereby continued in the City a Fire Relief Association,whose function is to,under the ,guidance of Federal and State Statutes, and the Bylaws of the Association,provide retirement and ancillary benefits for individuals providing the ,governmental services of firefighting and emergency first response. CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021-01 AN ORDINANCE AMENDING TITLE 6, PUBLIC SAFETY, CHAPTER 1,VOLUNTEER FIRE DEPARTMENT OF THE ALBERTVILLE CITY CODE The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. City Code Title 6, Public Safety, Chapter 1, Volunteer Fire Department is hereby amended to read as follows: CHAPTER 1 VOLUNTEER FIRE DEPARTMENT SECTION: 6-1-1: Fire Department Established; Composition 6-1-2: Qualifications of Members 6-1-3: Fire Chief 6-1-4: Board of Officers 6-1-5: Standard Operating Procedures 6-1-6: Duties of Department Officers 6-1-7: Dismissals 6-1-8: Prohibited Acts 6-1-9: Fire Relief Association Sec. 6-1-1: FIRE DEPARTMENT ESTABLISHED; COMPOSITION: There is hereby established in the City a volunteer Fire Department, consisting of a Fire Chief, a Deputy Fire Chief, an Assistant Fire Chief, a Board of Officers, and not less than ten (10) nor more than thirty-three (33) firefighters, including the above positions. The number of firefighters shall be determined by the City Council. Sec. 6-1-2: QUALIFICATIONS OF MEMBERS: A. Eligibility: Each member shall meet the requirements outlined in the Fire Department's Standard Operating Policies and Procedures. B. Probation: Each applicant accepted by the Fire Department shall serve a one-year probationary period, as outlined in the Fire Department's Standard Operating Policies and Procedures. At any time during the probationary period, the firefighter may be dismissed if the employee's performance does not meet the required standards. C. Additional Requirements: Probationary and regular firefighters shall meet such additional qualifications as set forth in the Department Standard Operating Policies and Procedures. Sec. 6-1-3: FIRE CHIEF: A. Appointment: The Fire Chief shall be appointed by a majority of the City Council. B. Duties: The Fire Chief or designee shall perform the duties of the Fire Marshal as set forth in the City Fire Code. City of Albertville Ordinance No.2021-01 Meeting of January 4,2021 Page 2 Sec. 6-1-4: BOARD OF OFFICERS: A. Composition: The Board of Officers of the Department shall consist of the Fire Chief, Deputy Fire Chief, Assistant Fire Chief, four(4) Captains and three (3) Lieutenants. B. Duties: The duties of the Board of Officers shall be set forth in the Department's Standard Operating Policies and Procedures. Sec. 6-1-5: STANDARD OPERATING PROCEDURES: The Department shall adopt Standard Operating Policies and Procedures at the direction of the Board of Officers, subject to the confirmation of the City Council. The Standard Operating Policies and Procedures shall be consistent with this chapter and all other present or subsequent City ordinances. If the Department's Standard Operating Policies and Procedures conflict with a City ordinance, the City ordinance shall prevail. Sec. 6-1-6: DUTIES OF DEPARTMENT OFFICERS: The duties of the Fire Chief, Deputy Fire Chief, Assistant Fire Chief, and all other elected or appointed officers of the Department shall be set forth in the Standard Operating Policies and Procedures of the Department. Sec. 6-1-7: DISMISSALS: The Board of Officers or City Council may dismiss probationary firefighters at any time during the probationary period if the employee's performance does not meet the required standards as outlined in the Fire Department's Standard Operating Policies and Procedures. The City Council may also dismiss regular firefighters or may remove appointed Officers of the Department for cause. Sec. 6-1-8: PROHIBITED ACTS: It shall be unlawful for any person to give or make, or cause to be given or made, an alarm without probable cause, or to neglect or refuse to obey any reasonable order of the Chief at a fire, or to interfere with the Department in the discharge of its duties; and any person guilty of violating this section shall be punished as provided in section 1-4-1 of this Code. Sec. 6-1-9: FIRE RELIEF ASSOCIATION: There is hereby continued in the City a Fire Relief Association, whose function is to, under the guidance of Federal and State Statutes, and the Bylaws of the Association, provide retirement and ancillary benefits for individuals providing the governmental services of firefighting and emergency first response. NOW THEREFORE, BE IT RESOLVED, this ordinance shall be effective following its passage and publication. Adopted by the Albertville City Council this 4tb day of January, 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021-01 A SUMMARY ORDINANCE AMENDING TITLE 6, PUBLIC SAFETY, CHAPTER 1,VOLUNTEER FIRE DEPARTMENT OF THE ALBERTVILLE MUNICIPAL CITY CODE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: Notice is hereby given that on January 4, 2021, Ordinance No. 2021-01 was adopted by the City Council of Albertville, Minnesota. Due to the length of the ordinance, the following summary ordinance has been prepared for publication. Notice is further given that the adopted ordinance amendment includes the following components: Title 6, Chapter 1 Volunteer Fire Department Updating City Code Sections relating to the Volunteer Fire Department in the City of Albertville. A printed copy of the entire ordinance is available for inspection by any person during City Hall's regular office hours. Approved for publication by the Albertville City Council this 0, day of January, 2021. ATTEST: Kristine A. Luedke Albertville City Clerk Publish Date: January 14, 2021 A,lbertville Mayor and Council Request for Action Small Town LIWng.Big Ufs. January 4, 2021 SUBJECT: PLANNING & ZONING-AVA INDUSTRIAL DEVELOPMENT APPLICATIONS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2021-003 and Ordinance No. 2021-02 addressing the following development applications for Advanced Volumetric Alliance to allow for the construction of a 137,800+ sq. ft. manufacturing facility in the City of Albertville. • Amendment to the Proposed Land Use plan within the 2030 Vision Study. • Zoning Map amendment to change the zoning from B-2A Special Business District to I-2 General industrial. • Preliminary Plat- subdividing the subject site into on Lot, 5 outlots and dedication of rights-of way for Kadler and Keystone Avenues. • Site and Building plan approval for the construction of a 137,800+ sq. ft. building on Lot 1, Block 1 preliminary plat dated 11/10/2020. • Approval of conditional use permits for outdoor storage and outdoor display of lot 1 Block 1 of the preliminary plat dated 11/10/2020. BACKGROUND: Advanced Volumetric Alliance (AVA) LLC has requested the approval of a number of applications associated with the proposed construction of a 137,300 square foot manufacturing plant upon an approximate 33 acre site located in the extreme northwest corner of the Albertville, South of 70t' Street and east of Kadler Avenue. The subject site encompasses 66 acres of land. Aside from the proposed 33-acre lot upon which the manufacturing plant is proposed, four outlots are proposed which are intended to accommodate future development. To facilitate the development proposal, approval of the following development applications have been formally requested: 1. Comprehensive Plan Amendment. To change the guided land use from "Business Park"to "Industrial." 2. Zoning Map Amendment. To change the zoning of the subject 66-acre property from B-2A, Special Business District to I-2, General Industrial. 3. Preliminary Plat. To allow for the creation of buildable lot (the subject site and four outlots intended for future industrial development). Mayor and Council Request for Action—January 4, 2021 AVA Industrial Development Applications Page 2 of 4 4. Site and Building Plan Review. Review of site and building plans is required for new industrial construction. The applicants have proposed a 137,808 square foot building, of which 117,500 square feet is to be devoted to plant activities (manufacturing). The remaining 20,308 square feet is to be devoted to office use. 5. Conditional Use Permits A. To allow accessory outdoor storage upon west side of the 33-acre AVA site B. To allow accessory outdoor display upon the east side of the 33-acre AVA site. City Staff has review the aforementioned application and submission materials and prepared the December 2, 2020 planning report and December 2020 Engineer's Memorandum. The Albertville Planning Commission held a public hearing to consider the development application and staff reports on December 8, 2020. Upon conclusion of the public hearing, the planning commission recommended approval of each of the Development applications with the conditions outlined in the December 2, 2020 planning report and the December 2020 Engineer's memorandum. KEY ISSUES: • Northwest Albertville is guided and zoned for Commercial and Business Campus land uses. This land use and zoning designation was put in place with the anticipation of expanded commercial growth based on market and development assumptions that have not come to fruition. The proposed manufacturing facility is a heavy industrial use that requires a change in zoning to I-2 General Industrial district. • Prior to 2009,this area of Albertville was guided in zoned for Industrial use. • The requested industrial zoning will be consistent with the industrial land use planned to the west and north of the site in Otsego. • The proposed industrial development anticipates creating 130 new jobs at a median pay scale of$22.50 an hour and benefits $4.00 an hour. • The City has utilities available in this area of the city with the size and capacity to accommodate the change in land use and zoning. • With the plat there are a number to street improvements that are required including; 67t' street, Keystone Avenue, Kadler Avenue, 70t' Street. A traffic study is being prepared to evaluate the impact associated with industrial uses in this area of Albertville. Staff has expressed concerns for wide load truck traffic leaving the site with regard to travel routes and travel times so as not to conflict with peak commuter traffic. • Kadler Avenue is identified in the Wright County Northeast Long Range Transportation Plan as a future minor arterial with an overpass of the freeway. This designation requires additional right-of—way dedication and impacts the need for improving Kadler Avenue. • Kadler Avenue is current a gravel rural section road way. By ordinance a new subdivision must extend the improved streets and utilities to the plat boundary. This will require the extension of an improved Kadler Avenue to the Franklin property at the southwest corner of the site. • The plat contains wetlands and a ditch system. Staff recommends the wetlands, wetland buffers and ditch be platted as outlots and dedicated to the city to avoid intrusion on Mayor and Council Request for Action—January 4, 2021 AVA Industrial Development Applications Page 3 of 4 these environmentally sensitive areas. The applicant will need to provide a detailed wetland mitigation plan for the Pill of wetlands located in the building site. • The site plan illustrates that the proposed industrial building meets all required setbacks, building height, loading and building material standards for an I-2 General Industrial zoning district. • The site has sufficient area to meet the required parking. The site plan shows 170 parking stalls as proof of parking to be striped if the parking supply is not sufficient to meet on- site parking demands. • The landscape plan shall be revised to address the Wetland Buffer plantings, additional Screening of the outdoor storage area along Kadler Avenue. • The Conditional use permits for outdoor storage and outdoor display shall meet the condition outlined in the attached resolution. • The applicant shall provide a lighting, photometric plan, signage plan, fence detail, detailed elevation and list of materials for the trash enclosure and sign plan for the site for city review and approval prior to building permit. • With the submission and approval of a final plat the applicant shall enter into a development agreement with the City. POLICY/PRACTICES CONSIDERATIONS: Any comprehensive plan amendment and/or change in zoning are policy decision for the City Council. The Albertville Planning Commission held a public hearing and agreed with the Comprehensive Plan and Zoning Map Amendment Findings outline in the December 2, 2020 planning report and recommended that the City Council approve the change in land use and the change in zoning to I-2 General Industrial District. Please note that Staff has included two Zoning Ordinance options. Option 1, changes the zoning for all of the Darkenwald Holdings property. Option 2, changes the zoning for only the land lying west of Keystone in the new plat. Option 2 is a request by the applicant. The Council may approve either option. With regard to the applications for preliminary plat, site and building plan, and conditional use permit; the Planning Commission recommended approval of each application request with the conditions outlined in the December 2, 2020 planning report and the December 2020 Engineer" memorandum. These conditions are outlined in the attached resolution. FINANCIAL CONSIDERATIONS: The applicant is requesting City financial assistance in pursuing State funding in the form of a grants/loans. The Applicant is also requesting City financial assistance in the form of Tax Increment Financing. Both of the aforementioned items will be presented in greater detail as separate Council agenda items. LEGAL CONSIDERATIONS: The change in land use and zoning is a policy decision of the City Council. If the project is approved the Applicant will be required to enter into a development contract prepared by the Mayor and Council Request for Action—January 4, 2021 AVA Industrial Development Applications Page 4 of 4 City Attorney that outlines the required development, development schedule, on and off site improvements and the securities and financing of the required improvements. Department/Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: December 2, 2020 planning report and exhibits Resolution approving the development applications Option 1, Ordinance amending the zoning map Option 2, Ordinance amending the zoning map NORTHWEST ASSQC tAT E D CONSULTANTS, INC. 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 5 J10 542 Telephone: 763.957.1100 Website: www.nacplanning.com PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: December 2, 2020 RE: Albertville - Advanced Volumetric Alliance (AVA), LLC • Comprehensive Plan Amendment • Rezoning • Preliminary Plat • Site and Building Plan Review • Conditional Use Permits FILE: 163.06 - 20.05 BACKGROUND Advanced Volumetric Alliance (AVA) LLC has requested the approval of a number of applications associated with the proposed construction of a 137,300 square foot manufacturing plant upon an approximate 33 acre site located in the extreme northwest corner of the Albertville, South of 701" Street and east of Kadler Avenue. The subject site encompasses 66 acres of land. Aside from the proposed 33-acre lot upon which the manufacturing plant is proposed, four outlots are proposed which are intended to accommodate future development. To facilitate the development proposal, approval of the following development applications have been formally requested: 1 . Comprehensive Plan Amendment. To change the guided land use from "Business Park" to "Industrial." 2. Zoning Map Amendment. To change the zoning of the subject 66-acre property from B-2A, Special Business District to 1-2, General Industrial. 3. Preliminary Plat. To allow the allow the creation of buildable lot (the subject site and four outlots intended for future industrial development). 6 4. Site and Building Plan Review. Review of site and building plans is required for new industrial construction. The applicants have proposed a 137,808 square foot building, of which 117,500 square feet is to be devoted to plant activities (manufacturing). The remaining 20,308 square feet is to be devoted to office use. 5. Conditional Use Permits A. To allow accessory outdoor storage upon west side of the 33-acre AVA site B. To allow accessory outdoor display upon the east side of the 33-acre AVA site Attachments: Exhibit A: Site location map Exhibit B: Project Narrative Exhibit C: Proposed Land Use Map (revised) Exhibit D: Otsego Land Use Plan Exhibit E: Existing Conditions Exhibit F: Demolitions & Wetlands Exhibit G: Preliminary Plat Exhibit H: Overall Site Plan Exhibit I: Site Plan Exhibit J: Grading Plan Exhibit K: Utility Plan Exhibit L: Landscape Plan — Overall Exhibit M: Landscape Plan —AVA Site Exhibit N: Building Perspective Exhibit O: Floor Plans Exhibit P: City Engineer Report ISSUES AND ANALYSIS Comprehensive Plan and Zoning Map Amendments The proposed project site is presently guided for "Business Park" use and zoned B-2A, Special Business by the City's Comprehensive Plan. The City's 1995 Land Use Plan (included in the Comprehensive Plan) directs "Industrial" use of the subject site. In 2009, the Land Use Plan was changed to "Business Campus" to attract a greater variety of commercial and industrial uses reflected in a 2009 AUAR concept plan. In anticipation of the "Mall of Entertainment" project in 2013, the subject site was rezoned from I-1, Limited Industrial to B-2A, Special Business. 7 The proposed use is clearly industrial in nature. To accommodate the use, it is necessary to change the guided land use of the site from "Business Park" to "Industrial" and rezone the property from B-2A, Special Business to 1-2, General Industrial. Any change in land use or zoning is considered a policy matter to be determined by the City Council. Thus, the requested change in land use requires the City to formally amend its Comprehensive Plan (Land Use Plan) and change the zoning on the property. Section 300.1 F of the Albertville Zoning Code outlines the following criteria for evaluating a Plan amendment or a zoning change: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Comment: Changes in commercial development trends, shopping patterns, changes in proposed transportation improvements and the loss of the Mall of Entertainment as an anchor for commercial development in this area of Albertville suggest that this area of the City no longer presents a quality sites for commercial land uses. In considering alternative land uses to commercial development, the Albertville 2030 Vision Study emphasizes the need for continued economic development. The Vision Study Economic Development recommendations include: "Define the City's land use goals for commercial and Industrial areas related to: • Location, land supply, variable lot size. • Access. Travel patterns. • Zoning: types of use, site design and architectural quality. • Utility availability and capacity." The proposed Land Use Plan change to industrial use within this area (See Exhibit B) is consistent with the City's Economic Development polices of the 2030 Vision Study and works within context and physical features of this area of Albertville. Previous changes to the Plan in 2009 and 2013 were a response to anticipated development projects which never came to fruition and are no longer viable. Recently, a demand for new industrial uses in the area has been demonstrated. The City's 2030 Visioning Study specifically indicates that a number of industrial companies experienced record sales in 2018 and have 8 expressed interest in business expansion. Such expansion opportunities are consistent with a basic community objective of economic growth. 2. The proposed use is or will be compatible with present and future land uses of the area. Comment: Prior to 2009, the Albertville Proposed Land Use Plan had guided the northwest area of the City for industrial use. The changing the proposed land use plan and zoning map back to an industrial use will be consistent with to adjacent to areas guided and zoned for industrial uses in Otsego lying the north, and west of the subject site. Land to the south and east of the subject site remain guided for commercial use, however, the city will be reevaluating the some of the commercially guided land for additional land use changes. The proposed industrial use(s) will be compatible with existing and future land uses in the area. 3. The proposed use conforms with all performance standards contained herein. Comment: The applicant has brought forth applications for subdivision and development review. The rezoning the subject site to 1-2, General Industrial will subject the proposed manufacturing facility to all of the performance standards applicable in the district. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Comment: Rezoning of the subject site from B-2A, Special Business to 1-2 General Industrial will change the type of allowed uses in this area. The 1-2 District uses are compatible with adjacent industrial and commercial uses and have been identified as preferred uses for this area in the Proposed Land Use Plan. The proposed uses are not expected depreciate the area in which they are proposed. The new AVA facility will serve as the initial industrial anchor to expanded industrial development in this area of the City. 5. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. Comment: Public sewer and water and other utilities exist in this area. The available Municipal utilities in this area of the City have the size and capacity to accommodate the change to industrial land use and zoning. Extensions of and connections to these utilities will be evaluated with the subdivision and site plan proposals that have been submitted. 9 6. Traffic generation by the proposed use is within the capabilities of streets serving the property. Comment: The City has commissioned SRF to conduct a traffic study to evaluate the traffic impacts and need street improvements associated with a change of use from commercial to industrial. The proposed industrial uses are expected to generate less traffic than commercial uses which are presently guided upon the property. The traffic study will examine both automobile traffic and large truck and wide load traffic generation. The proposed development will need to address improvements of 67t" street, Keystone Avenue, Kadler Avenue and 701" Street. Both Kadler Avenue and 70t" Street are shared border streets with Otsego; improvements and street access will need to be coordinated with Otsego. A change of land use guidance and zoning remains a policy decision of the Planning Commission and the City Council. However, City Staff would recommend supporting the land use and zoning change based on the following findings. 1 . The City's 2030 Visioning Study identifies a demand for industrial use expansion in the area. 2. The proposed industrial uses are similar to guided land uses located in Otsego to the north and west of the site. 3. The subject area is not considered ideal for future retail commercial uses (per existing guidance) from both a use demand and site access/visibility perspective. 4. The subject site offers convenient access to major roadways which will be conducive to industrial users and related truck traffic. 5. As a requirement of site plan review, compatibility issues will be addressed through screening, land use transitions, building location and site design. 6. Traffic generated by future industrial uses will be within the capability of existing and future streets which serve the area. Developer shall be responsible for need street improvements identified by City Staff and the traffic Study. 7. The proposed land uses will not overburden City utilities and sewer capacity. Preliminary Plat Streets. The preliminary plat consists of one lot which will accommodate AVA manufacturing facility and three outlots intended to be reserved for future industrial 10 development. All lots are proposed to be accessed internally via a northwesterly extension of 671" Street and Keystone Avenue which intersects with 70the Street to the north. In review of the plat Staff presents the following comments. 671" Street / Keystone Avenue • These streets are being platted with an appropriately, a right-of-way width of 80 feet is for the new internal street. These streets must be constructed with the AVA project. Streets must be designed and constructed to city standards for an industrial street. • The intersection if Keystone and 70t" street must be coordinated with the City of Otsego to create a full intersection. The proposed intersection location does not match with any of the existing curb cuts north of 70th street. Kadler Avenue. • The preliminary Plat provides a 30-foot-wide right-of-way dedication along Kadler Avenue. The right of way dedication must be expanded to a 40 feet measured from the street center line. • The Albertville prohibits dead end public streets. The plat must provide a dedicated cul-de-sac right of way at the southern boundary of the plat. The length of the street may be reduced if the exception property south of the plat is acquired and included with the plat. • Kadler Avenue exists as an unimproved gravel rural road that provides access to properties in both Albertville and Otsego. With the development of AVA, Kalder Avenue must be constructed as an urban industrial street. The street will need to be a 10 ton, 44 foot width urban street terminating in a cul-de-sac have a 45 foot radius. 70t" Street / County Road 19 • A traffic study is being conducted to identify the potential traffic impacts of the land use change and / or improvements that may be needed to accommodate the land use changes. Developer shall be responsible for off- site improvements identified by the traffic study. • City staff has raised concern for the volume, travel routes, and travel times for wide load truck traffic leaving the site. Applicant shall provide anticipated travel routes and travel times for approval by City Council. The wide load hauling shall avoid A.M. and P.M. peak traffic hours to prevent traffic conflicts with motorists. • The Keystone / 70t" Street intersection shall be coordinated with the City of Otsego to provide a full intersection and to avoid street jogs. Street design and issues shall comply with the City Engineer Memorandum dated December 1 , 2020. All street plans shall be subject to review and approval of the City Engineer. 11 Lots. As indicated, the preliminary plat includes one building site (Lot 1 , Block 1) and three outlots. Corresponding lot areas are summarized below: Area Lot 1 , Block 1 (AVA site) 33.1 acres Outlot A 15.0 acres Outlot B 9.1 acres Outlot C 5.4 acres The 1-2 zoning district does not impose a minimum lot area requirement. Rather, required lot areas are determined by the criteria for parking, loading, setbacks and building coverage as provided in the Zoning Ordinance. Lot 1 Block 1 exceeds the minimum 100-foot width requirement. Outlot C located in the southern portion of the plat; presents concerns. Outlot C is isolated within the plat by wetlands and an adjoining lot to the east, these features prevent the outlot from having direct street frontage. Additionally, outlot C's triangular shape and wetland encroachment raises question related to its buildability. To address these concerns, it is recommended that, as part of future final plat consideration, Outlot C be combined with Lot 3 Block 1 Albertville Business Park located to the east. The Outlots represent a future phase of development. No building permits shall be approved for any of the outlots until they are platted into lot and blocks. Wetlands. The plat illustrates existing wetlands and required wetland buffers. In review of the wetlands we offer the following comments. • Some wetlands are located within Lot 1, Block 1's site development area and will be removed. The applicant shall provide a wetland mitigation plan that identifies the replacement of these wetlands. • Within Lot 1 Block 1 , Wetlands and their buffer areas located along the north and south side of the development area shall be platted as outlots and dedicated to the City. This to prevent future intrusion within the wetlands and wetland buffers. • Wetland and buffer areas located in any of the outlots shall be covered with a drainage and utility easements and dedicated to the city. The plat shall be revised to illustrate these outlots and easements. • The landscape plan must illustrate the proposed ground cover within the wetland buffer areas. • The Drainage ditch that connects the wetlands shall be cleaned and graded to a minimum standard of 4 ft. bottom with 3:1 side Slopes. • Applicant shall address the comments of the City Engineer in his memorandum of December 1, 2020 Easements. • The plat shows the required drainage and utility easements along lot lines 12 • The plat must include drainage and utility easements over proposed storm water ponding areas as well as wetlands and buffer area within the outlots. • The plat must show drainage and utility easements over any municipal utilities outside of the street right of way. • The location, size and configuration of all required easements shall be subject to the approval of the City Engineer. Park Dedication. According to the Subdivision Ordinance, a cash in lieu of a land dedication contribution is $2,500 per acre is required for the platting of industrial land. This fee applies on to Lot 1 , Block 1 and only to the buildable area of the lot exclusive of wetlands and wetland buffers. Such fee will be imposed as a condition of final plat approval. Development Agreement. With the approval of the final plat the Applicant shall enter into a development agreement with the city which will address the required public improvements and site development per the approved plans. Site and Building Plan Review Site Access. The subject site is proposed to be accessed from the east via two points along a proposed northly extension of 67t" street / Keystone Avenue which intersects with 70t" Street. The northerly access measures 30 feet in width while the southern access includes a center median with separate entry and exit drives. The site also takes two access points onto Kadler Avenue. The location and size of the curb cuts for this proposed industrial facility is acceptable. Setbacks. As shown below, the building proposed upon Lot 1, Block 1 meets applicable 1-2 District setback requirements. Subsequent to the plan submission the applicant is proposing a larger building that shown on Exhibits G and H. The building expansions would on the north and west side of the building, these building expansions will still meet the 1-2 district side yard setbacks. The applicant must illustrate that the northern building expansion will provide adequate area for efficient truck maneuvering accessing the loading docks. Required Proposed Front Yard 30 feet 280 feet Side Yard - corner 20 feet 915 feet Side Yard - interior 10 feet 290 feet Rear Yard 20 feet 630 feet Off-Street Parking. As shown below, a total of 398 off-street parking stalls are required of the proposed manufacturing facility. Use I Ratio I Required Stalls Manufacturing I One stall per 350 nsf 303 stalls 13 (117,500 gsf) (105,750 nsf) Office Three spaces plus 95 (20,308 gsf) one stall per 200 nsf (18,227 nsf) 398 The submitted site plan illustrates a total of 399 stall upon the site, 170 of which are identified as "proof of parking: stalls located on the west side of the site. While Staff is supportive of the "proof of parking" concept, it is recommended that the City reserve the right to require to construction of additional parking stalls, should the need arise. In conformance with American Disability Act (ADA) requirements, a total of eight parking stalls are provided for persons with disabilities. Proposed parking stalls measure 20 feet in depth and 9 feet in width and meet minimum dimensional requirements of the Ordinance. Further, parking area drive aisles appropriately measure 24 feet in width. Loading. The submitted site plan illustrates upward-acting garage doors on the north, south and west sides of the building. Ample area exists on the north and west sides of the building for truck maneuvering. The applicant must provide a revised plan if the building is to be expanded to illustrate truck maneuvering space on the north side of the building. A limited amount of truck maneuvering area exists on the south side (only 63 feet). As a condition of site and building plan approval, the intent of loading activities on the south side of the building should be clarified by the applicant. Trash Handling. A trash/recycling area is identified on the site plan near the north east corner of the manufacturing area of the building. Details related to trash handling equipment, trash enclosure size and design and related screening have not been provided. As a condition of site and building plan approval, details related to trash handling activities must comply with Section 1000.14 of the Albertville Zoning Code. The applicant shall provide details on the trash and recycling handling equipment, trash enclosure design, elevations and demonstrate vehicle access to the equipment inside the enclosure. Building Materials. The proposed building is to be a precast concrete structure with aluminum panels and brick accents to add visual interest. The manufacturing portion of the building is to have a clearstory roof over an interior mezzanine which will be devoted to office space. The office space component of the building features a ribbon of storefront aluminum windows along the perimeter of office spaces. Building Height. The proposed building measures 29 feet in height and is well within the maximum 45-foot requirement imposed in I-2 zoning districts. 14 Landscaping. As shown on the submitted landscape plan, various plantings are proposed along the front (east) and rear (west) sides of the site. Front yard landscaping is intended visually enhance the parking area while landscaping on the west side of the site functions primarily as screening. According to the applicant, intensified landscaping is proposed in the southwest corner of the site to screen an existing single-family home. The landscape plan calls for four varieties of deciduous trees (36 total) and five varieties of evergreen trees (70 total) on the site. In addition, potted reed grasses are also proposed (44 pots). The landscape plan is considered well-conceived and all plant materials sizes have been to meet the City minimum standards. In review of the landscape plan we offer the following comments. • The outdoor storage area is required to be screen from public streets. The landscape screen must be extended along the fence line along Kadler Avenue. • A detail of the proposed fence shall be provided and meet the city standards. • The landscape plan shows seed turf in areas to be maintained. This seed mix extend beyond the fence line. Areas between the fence and the wetland buffer may be better served with the no-mow buffer seed mix to avoid issues of access and maintenance beyond the fence line. • The landscape plan shall illustrate the wetland buffer ground cover. Lighting. To date, a lighting plan has not been submitted. As a condition of site and building plan approval, a photometric lighting plan must be submitted for review. Such lighting plan should include the following: 1 . 90-degree cutoff light fixtures with a shielded light source. 2. Light pole locations and heights. 3. A photometric plan which overlays the entire site. 4. Building mounted lights. Signage. To date, a sign plan has not been submitted. As a condition of site and building plan approval, a sign plan should be submitted this specifies sign locations (freestanding, wall signs, directional signs), sign height, sign area, construction materials and illumination. All proposed signs shall be subject to the issuance of a sign permit. Future Development. The submitted site plan illustrates a "future development" area located north of the outdoor display area and east of the proposed parking lot. 15 To be understood is that any approvals granted for the submitted applications should in no way be construed as an approval of the "future development" area as shown on the site plan. Any future development upon the site will minimally be subject to subdivision and site and building plan approvals. Grading, Drainage and Utilities. Grading, drainage and utilities plans shall address the City Engineers comments in the December 1 , 2020 memorandum and shall be subject to final review and approval of the City Engineer. Conditional Use Permits Evaluation Criteria. The applicants have requested the approval of two conditional use permits as described below: A. A conditional use permit to allow accessory outdoor storage in the rear (west) area of the site. B. A conditional use permit to allow the outdoor display of models in the front (east) area of the site. In consideration of conditional use permit applications, Section 400.2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider possible adverse effects of the proposed conditional use. Their judgment shall be based upon (but not limited to) the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use is or will be compatible with present and future uses of the area. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 6. Traffic generated by the proposed use is within capabilities of streets serving the property. Assuming compliance with all recommended conditions of project approval, it is the opinion of Staff that the proposed accessory outside storage and display activities will be in compliance with the preceding evaluation criteria. 16 Outdoor Storage CUP. According to the applicant, products stored the on the west side of the building will be completed models which are to be wrapped in a protective coating. The storage area exhibits a 15-foot setback from the west property line and a 39-foot setback from the south property line. Section 1000.15.13 of the Zoning Ordinance establishes a specific set of conditions applicable to accessory outside storage activities. The following is a listing of the various conditions followed by a Staff comment: 1. The area occupied is not within a required front or required side yard. Staff Comment: The proposed outside storage area will not occupy a required front or side yard. Rather, proposed outside storage activities will take place in the rear yard, between the proposed manufacturing building and Kadler Avenue. 2. The storage area is totally fenced, fully screened and landscaped according to a plan approved by the Zoning Administrator, and a landscape guarantee, as determined by the Zoning Administrator, is provided. Staff Comment: While the proposed outdoor storage area is to be fenced, details related to the type of security fence and height have not been provided. Such information must be provided as a condition of conditional use permit approval. Also, to be noted is that no plantings are proposed along the west boundary of the site, alongside the proposed fencing. 3. If abutting a residential district or use, screening and landscaping is provided according to a plan approved by the Zoning Administrator. Staff Comment: The submitted landscape plan calls for a variety of plantings in the southwest corner of the site, alongside an adjacent single-family home. In such area, various coniferous plantings are proposed. Of some concern related to the screening of the home is that coniferous trees are proposed within a 15-foot wide strip between the proposed security fence and the property line. Such planting area width limits the ability to stagger trees and accommodate the proposed spruce trees at full growth (approximately 20 feet in width). To ensure an effective visual screen, it is recommended that the width of the screening be increased from 15 to 20 feet such that coniferous trees can be staggered and spaced 25 feet on center. 17 4. The storage area is grassed or surfaced with asphalt, concrete, or crushed rock (concrete or granite) to control dust. Should an area surfaced with anything other than hard surfacing prove to be unmaintainable, the City shall require that a hard surface be installed within three (3) months of formal written notice to the property owner. Staff Comment: According to the applicant, the outdoor storage area will be surfaced with concrete or asphalt. 5. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with section 1000.10 of this Chapter. Staff Comment: As previously indicated, a site lighting plan has not, to date, been submitted. The applicant has however, expressed an intent to comply with the applicable lighting requirements of the Ordinance. As a condition of CUP approval, all exterior lights must be arranged to deflect light or glare away from public streets or adjacent properties. Further, such light poles may not exceed the maximum 30-foot height requirement of the Ordinance. 6. The storage area does not encroach upon required public or employee parking space(s), required loading space, or snow storage area as required by this Ordinance. Staff Comment: Recognizing that the outdoor storage area overlays a significant portion of the site, it is unclear where removed snow will be stored. This issue should be addressed by the applicant. 7. A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the City Engineer. Staff Comment: As required, a site grading plan has been submitted for review. Such plan shall be subject to comment and recommendation by the City Engineer. Outdoor Display CUP. According to the applicant, products displayed on the east side of the building will be fully finished models of various home types that will allow consumers to view available products. The storage area exhibits a 30-foot setback from the east property line. 18 Within 1-2, General Industrial zoning districts, open or outdoor service, sale and rental as a principal or accessory use are allowed as a conditional use subject to the fulfillment of various conditions. The following is a listing of the various conditions followed by a Staff comment: 1. Outside services, sales and equipment rental connected with the principal use is limited to fifty percent(50%) of the gross floor area of the principal use. Staff Comment: The four proposed outdoor display areas located east of the building overlay 7,200 square feet of land. This is significantly less than 50 percent of the gross floor area of the principal building (137,800 s.f. x 0.5 = 68,750 s.f.). As a condition of conditional use permit approval, it is recommended that outdoor display activities be specifically limited to the boundaries of the four display areas depicted on the site plan. 2. Outside sales areas are fenced and screened from view of neighboring residential uses or an abutting R district in compliance with section 1000.7 of this ordinance. Staff Comment: The proposed outdoor display area does not abut any residential zoned property or uses. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with section 1000.10 of the ordinance. 4. Staff Comment: As previously indicated, a lighting plan has not been submitted. As a condition of conditional use permit approval, all lighting must be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences. 5. The use does not take up parking space as required for conformity to this ordinance. Staff Comment: The proposed outdoor display area does not overlay any off- street parking areas. 6. Sales area is grassed or surfaced to control dust. Staff Comment: According to the submitted site plan, the proposed outdoor display area is located within an area identified as "green space (landscape 19 area)." While this is assumed that grass turf is intended, this should be clarified by the applicant. 7. The provisions of subsection 400.2F of the Ordinance are considered and satisfactorily met. Staff Comment: Provided all recommended conditions of conditional permit approval are satisfied, Staff believes that the proposed accessory outdoor display activities will be in compliance with the referenced evaluation criteria. RECOMMENDATIONS Based on the preceding review, the following is recommended: Comprehensive Plan and Zoning Map Amendments. Approval of the requested Comprehensive Plan amendment (to change the guided land use from "Business Park" to "Industrial") and zoning map amendment (rezoning the subject property from B-2A, Special Business to 1-2 General Industrial) based on the following findings: 1 . The City's 2030 Visioning Study identifies a desire for industrial development within the City to expand local employment opportunities, diversify job groups, provide livable wages and increase the local tax base. 2. The proposed industrial uses are similar to proposed land uses located north, and west of the site. 3. The subject area is not considered ideal for future retail commercial uses (per existing guidance) from both a use demand and site access/visibility perspective. 4. The subject site offers convenient access to major roadways which will be conducive to industrial users and related truck traffic. 5. As a requirement of site plan review, compatibility issues will be addresses through screening, land use transitions, building location and site design. 6. Traffic generated by future industrial uses will be within the capability of existing and future streets which serve the area. 7. The proposed land uses will not overburden City utilities and sewer. 8. The proposed land use will contribute to the City tax base and will generate significant fees for the City utility and park funds. Preliminary Plat. Action on the applicant's preliminary plat application must follow the City's action on the requested Comprehensive Plan and zoning map changes. 20 Upon approval of the Comprehensive Plan amendment and zoning change, City Staff recommends approval of the Preliminary Plat subject to the following conditions: 1 . Kadler Avenue and Keystone Avenue must be designed and constructed to city standards for an urban industrial street. 2. Kadler Avenues and Keystone shall be constructed with the AVA project. No building occupancy permit shall be issued until these streets are complete. 3. The intersection if Keystone and 70t" street must be coordinated with the City of Otsego to create a full intersection. 4. The preliminary Plat be revised to provide a 40 right of way dedication along Kadler Avenue. 5. The preliminary plat must provide a dedicated cul-de-sac right of way at the southern boundary of the plat. The length of the street may be reduced if the exception property south of the plat is acquired and included with the plat. 6. Kalder Avenue must be constructed as an urban industrial street. The street will need to be a 10 ton urban design, 44 foot wide street terminating in a cul-de-sac have a 45 foot radius. 7. Developer shall be responsible for off- site improvements identified by the traffic study. 8. Applicant shall provide anticipated travel routes and travel times for approval by City Council. The wide load hauling shall avoid A.M. and P.M. peak traffic hours to prevent traffic conflicts with motorists. 9. Street design and issues shall comply with the City Engineer Memorandum dated December 1, 2020. All street plans shall be subject to review and approval of the City Engineer 10.As part of future final plat consideration, Outlot C shall be combined with Lot 1 , Block 1. 11 .The applicant shall provide a wetland mitigation plan that identifies the replacement of any impacted wetlands. 12.Within Lot 1 Block 1 , Wetlands and their buffer areas located along the north and south side of the development area shall be platted as outlots and dedicated to the City. 21 13.Wetland and buffer areas located in any of the outlots shall be covered with a drainage and utility easements and dedicated to the city. The plat shall be revised to illustrate these easements. 14.The landscape plan must illustrate the proposed ground cover within the wetland buffer areas. 15.The Drainage ditch that connects the wetlands shall be cleaned and graded to a minimum standard of 4 ft. bottom with 3:1 side Slopes. 16.Applicant shall address the comments of the City Engineer in his memorandum of December 1, 2020 17.The plat must include drainage and utility easements over proposed storm water ponding areas as well as wetlands and buffer area within the outlots. 18.The plat must show drainage and utility easements over any municipal utilities outside of the street right of way. 19.The location, size and configuration of all required easements shall be subject to the approval of the City Engineer. 20. The applicant as respond to the City Engineer's comments on grading, drainage and utilities outlined in the December 1, 2020 memorandum. 21.All grading, drainage and utility plans shall be approved by the City Engineer. 22.As a condition of final plat approval, park dedication requirements of the City shall be satisfied. 23.The Applicant shall enter into a development agreement with the city with the approval of the final plat. Site and Building Plans. Approval of site plan dated 11/10/2020 and building plans dated 10/13/2020 subject to the following conditions: 1 . The site plan must be revised to illustrate the right of way requirements and street construction for Kadler Avenue as outlined in the preliminary plat review. 2. The applicant provide a revised site plan showing the proposed building expansion and site alterations related to the expanded floor space. 3. The City shall reserve the right to require to construction of additional (proof of parking" parking stalls, should the need arise. 22 4. Due to the limited amount of available truck maneuvering space, the intent of loading activities on the south side of the building shall be clarified by the applicant. 5. Details related to trash handling activities shall be addressed by the applicant. 6. The outdoor storage area is required to be screen from public streets. The landscape screen must be extended along the fence line along Kadler Avenue. 7. A detail of the proposed fence shall be provided and meet the city standards. 8. The landscape plan shows seed turf in areas to be maintained. This seed mix extends beyond the fence line. Areas between the fence and the wetland buffer may be better served with the no-mow buffer seed mix to avoid issues of access and maintenance beyond the fence line. 9. The landscape plan shall illustrate the wetland buffer ground cover. 10.A photometric lighting plan shall be provided which includes the following: A. 90-degree cutoff light fixtures with a shielded light source. B. Light pole locations and heights. C. A photometric plan which overlays the entire site. D. Building mounted lights. 11.A sign plan shall be submitted which specifies sign locations (freestanding and wall signs and directional signs), sign height, sign area, construction materials and illumination. All proposed signs shall be subject to the issuance of a sign permit. 12.The applicant acknowledge that any approvals granted for the submitted applications shall in no way be construed as an approval of the "future development" as depicted on the site plan. Any future development upon the site shall minimally be subject to subdivision and site and building plan approvals. 13.The grading, drainage and utilities shall address the comments of the City Engineer's Memorandum dated December 1 , 2020. All grading, drainage and utility plans are subject to the review and approval of the City Engineer. Conditional Use Permit for Outdoor Storage. Approval of a conditional use permit to allow accessory outdoor storage in the rear (west) area of the site per the site plan dated 11/10/2020 subject to the following conditions: 23 1 . Details related to the type of security fence and fence height shall be provided subject to City approval. 2. The landscape screen must be extend along the fence line along Kadler Avenue 3. The width of the screening/buffer yard alongside the single-family home in the southwest corner of the site shall be increased from 15 to 20 feet (such that coniferous trees can be staggered and spaced 25 feet on center). 4. The applicant shall provide information related to proposed snow storage locations. Conditional Use Permit for Outdoor Display. Approval of a conditional use permit to allow the outdoor display of models in the front (east) area of the site per the site plan dated 11/10/2020 subject to the following conditions: 1 . Outdoor display activities shall be specifically limited to the boundaries of the four display areas depicted on the site plan. 2. The intended surfacing material of the outdoor display area shall be specified by the applicant. C: Adam Nafstad Mike Couri Maeghan Becker Casey Darkenwald Darren Lazen Erin Carlson Dan Licht 24 z ■ 1 � ■ ■ a � I ■ � � ,I��1■ii■11 ir��t �� �;��■��■1 ���.� �-ram■� ��� OU ��M* /�r;��r. ■III■11111 I���iir����1� �� '� �11111 # • + s i■■1 Illll llllm Oki Milk.' logo ISM J ` mi .... f ""'I ems !■■�■� = WE 11111 l � lliliila■w pp anlam wmff ■ll■ a _ 'I�a■■a■■■■■1I�II ��� 40 �•■ : `�C�111�• ►err■.■ I► !�� M ` +•�'}+ 1S G II `.4�`����' #�IJ ill �� � �*� C„�����/�►jn'� Ramon IS all on as m It go / I:rY g� 4111� i �t�1 A /j■at���,■�t� �■: �� �Iwo ■_ �•��• 1 III��II IIIIII�IIiiIIIIII�I�l11�M��� i i Pom SO to Finish Narrative Advanced Volumetric Allidnce �. R Albertville Business Park l i Prepared Ir.a +I n +■ i' FIFE! )VA -4 A °e cell ADVANCED k W. W _rworm t. � F ft. EXHIBIT B PREPARED FOR N*& ME*0f PREPARED BY City of Albertvi Ile r Lan&ofm Professional Services, LLC 5959 Main Avenue NE � � � 105 51 Ave S, Suite 513 Albertville, IVIN 55301 ;� 5,; Minneapolis, MIN 55401 26 TABLE OF CONTENTS Appendix A:AUAIR Update Applicability for Advanced Volurnetric Alliarce............. ............. .................7 ' ^_. �7 � � Introduction On behalf of advanced Volumetric A]1iancc, LLC, Landform is pleased o submit this application for rezoning, site plan,conditional use permit(CUP) and preliminary plat approval to allow construction of a volumetric housing manufacturing plant and office at the southeast corner of the i9tersectlon of 7011, Street NE and Kadler Avenue. The site includes four parcels with one farmstead and the majority of the site is farmed-Our development plan includes a plat to create one lot and three outlots for development. We are excited about the improvements proposed for this An Alternative Urban Areawide Review(AUAR) was completed in 2003 and updated in 2017 for this area. We believe that the changes to the site are within the Iirnits established by the AUAR update in 2017 and no AUAR update is required by Minnesota Rules§4410.3610, Subp.7. Our analysis of the AUAR update standards is discussed later in this narrative. IICrzonin,g Rezoning from 8-2A to I. We are requesting a rezoning from 3-2A Special Business Dist6ct)to 1-2 (General Industrial District)for Lot 1, Black 1 to accommodate the volumetric housing manufacturing plant. We are also requesting a rezonirg from B-3 PUD to B-2A for Outict A. Dutlots B and C will retain the existing B-2A zoning. We have evaluated the requirements for a rezoning and our requests meets all of standards that the City must consider. Specifically: 1 The proposed acfton has beenn coasidefed in relation to the specifrc palicres and provisions of and has been fr caner to be consistent with the official city comprehensive plan. The Ianrd is guided as a`Business Park"in the 2030'Visionirig Study. The Business Park land use is intended to include"a full range of commercial(retail,office, service.entertainment, recreational and medical)land uses but also may include limited industrial land uses(warehousing,showroorns,Iigh.manufacturing,product assernbIy and offices)." The requested mzaning to 1-2 would allow development of the site with a clean, highly technical volumetric housing manufacturing plant with ad dNonal area for oucdcor storage to allow tha product to be shown to customers. The rezoning of Outlot A from B-3 PLID to B•2A allows for development that is complimentary to the site and is consistent with the other parcels in the proposed plat. 2. The pr-oposed use is or wX be compabble with present end future!and rises of the area. The proposed uses allowed by the rezoning are compatible with tie future uses in the area.The uses around the site are expected to be retail,office. medical office,and possibly hotel and restaurants.The proposed volumetric housing manufacturing plant is a clean facility with no outside storage of raw materials and ro excessive waste or nuisances The facility will be corn patible Frith other businesses around it. OutlatA is riot currentiy planned to be developed in the initial phase. The land is guided as Business Park, would be rezoned to B-2A and is expected to develop as an allowed use in the B-22A district. Advanced VelumeNnAllianae,Albertville,INN Novernt7er 10,2ND LUP1 9005 1 28 3. The proposed Use confouns with all perlurmarice standards contained her&. The proposed otsloutiots to be rezoned meet the lot standards of the City for their respective zoning dislricts and the development of the lets will comply with City performance standards. 4. The proposed Use will riot tend to cr ectuatly depreciate tiro area to which 4 is proposed, The fezonin9 vriil make the parcels ready far development. Developing the land will not cause the land to depreciate the area, but 4N111 immediately allow Lot 1, Black 1 to develop and prrovide jobs and tax base for the city. 5. They proposed use can tea accommodated with existing public services and will riot uverbufdon the city's service capacity The proNsed uses will be served by a new connection from 701'-Avenue. 9.. rraf fc generab)v by the proposed use is within the capabilities of streets serving the proper?y. A traffic study will be completed by the City. VVe believe the study will show that rezoning Lot 1 and 2, Block 1 to 1-2 will lower the trafficfrom the volumes anticipated by past studies_The existing roadways along with the proposed improvements with this plan will be sufficient to serve the proposed development Site Plan The project is for construction of a volumetric housing manufacturing plant on 33.06-acres{Lot 1.Black I y. This will bring bath jobs and an increased tax base to the City. The developers of this project are committed to an effort to partner with local education facilikies for training and to recruit within the City and surroundir>g areas to increase the number of local efrployces in the area, The site plan shows compliance with the requirements for the 1-2 district outlined in Sec.4700.E of the Zoning Ordinance Lot width. lot area, let coverage, all setbacks and maximum:building height are consistent with the ordinance standards. A total of 229 parking stalls have been provided on the site The volumetric housing Manufacturing plant will have a shift maximum of approximately 150 employees, which would leave 79 stalls for visitors and customers, The-Site Plan shows a proof of parking on the~vest end of the site if there is a documented need for additional parking in the future. Landdscapirig on the site is focused mainly around the front and rear of the site. Landscaping in the front has been provided to break up the parking lot and to create a pleasant appearance from the roadway. Landscaping in the rear will include fencing and a large number of trees to the southwest side. Landscaping has been specifically increased in the southwest corner of the site to screen the use frown the adjacent residential use. Fencing will be installed around the manufacturing part of the building and will be screened by landscaping where appropriate. Loading clocks are located alnng the rear of the hullding and are located more than I DD ft. away from the residential use to the scuthwestof the silo. The building was designed by Arteekta Architects and will be an insulated, precast ouncrete structure with alurninum panels and brick to provide interest to the building. The manufacturing portion of the building will be 117,500 sq. ft. and 29 f#_high with a clerestory roof over an interior mezzanine that will hold offcas The once portion of the building will be 20,308 sq.fl.and 15 to 19 ft. high and will be feature a ribbon of storefront aluminium windows for most of the Advanced Volurn&cAillance Albertville.MN Novemt u 10,2020 LOP19005 2 29 three-sided peOrneter of the spaces.Wall and roof insulation systems shall meet orexceed required R-values as mandated by the IECG 2015 Edition, Thee basic structural system will consist.of structural steel roof joists and metal roof deck with a steel column grid system. Signage is expected to include a monument sign near the southeast earner of the lot and a wall sign on the south wall of the manufacturing portion of the buklding,and pm the office portion of the building. As proposed, the project will impact to five separate farmed wetland areas totaling 52,690 square feet. The WCA mitigation ratio for wetland impacts is 2:1. Impacts are proposed for replacement via the purchase of 125,380 credits from a wetland banks within the same major watershed (#17; Mississippi River—St. Cloud)0 available. If there is no available wetland bank within Major Watershed*17,a wetland bank located within Bank Service Area 7 will be chosen,as is aliowed by WCA.Additionally,an Approved Jurisdiction Determination (AJD)vdll be requested from the US Army Corps of Engineers to verity onsite wetlands within their jurisdiction, and farmed wetland areas will be re- evaluated using current offsite hydrology methods. Conditional Use Permit e are requesting approval of a conditional use permit (CUP)for outdoor storage of product in the rear of the site and display of modals in the front of the site.Product stored behind the site will be completed homes wrapped in a protective creating.Product displayed in the front will be talky finished models of various home types that will allow consumers to see what the plant makes. No outside storage of raw materials is planned. The recuest complies with the standards in Chapter 400 and Section 1000.15 of the Zoning Ordinance. Specifically: 1, The,proposed acWn has been considered ter relaftm to(ho specifo ,policies and provisions of and has been found to be causistent with the uffi al city cowrehensive plan. The volumetric housing rn an ufaclu ring plant is a permitted use in the 1-2 district and the CLIP will allow the business to store completed homes in the rear and aliowv the finished product to be featured at the front of the site as model homes, 2. The proposed use rs or will be ccamp;960?with present and future fared rises of the area. The property is guided as Susine5s park in the 2030 Visioning Plan and is 1ntanded to accommodate commercial and industrial growth.The proposed use is a clean, high tech volumetric housing rnanufacturirrg plant that will create an attractive building and create jobs in the area.This will help meet the several goals identified in the Vision Plan, including, ■ Indusfrial, Promote contirmuad indusfriaif development in order to expand local employment opporfunrties and the City s tax base. Economic Development, The Vision C'ommfttee identirrk commercial and indtrstrlaf growfh as a priority for the carnrnurrrty. The City wili become more acggresslve in its economic devaloprnenf promotfon efforts. The site is large enough that the proposed use can provide increased screeninglbuffering from uses that are not commercial or industrial. Future uses near the site will be complimentary to the proposed use. The areas around the site are expected todevelop as either retail,office or restaurant uses. 3. The proposed use conforms with all perfofmonce standards contak?ed herein. Advanced VolurcretrIcAlliance,Al edvilia,MN November 10,2020 La Pt 9005 3 30 a. The area occupied is not Within a required fronl or regdired side yard. The finished product will be stored in protective materials in the rear yard.The display of model homes in the front yard is not storage of materials but is adisplay similar to vehicles displayed at a car dealership. The products will be fully finished but will not be permanent structures. These models will be used to showcase the products that are produced at the plant, b. The storage area is totally fenced, fulty screened and landscaped according to a plan approved by the soiling administrator, and a fan dscape guarantee, as deterrnired by the zoning adrminislrator, is pmvfded_ The area is fully fenced and screened as required by the Zoning Ordinance. c. if abutting a resident&district or use. screening and landscaping is provided according to a ptan approved by the roiiing administrator. The area is screened and landscaped in acccondance with the Zoning Ordinance. d. The storage area is grassed or surfaced with asphalt, concrete, or crushed rock(concrete or granite)to can trol dust. Shouid an area surfaced with anything other then hard surfacing prove to be unmaWalrrabl+e, the city shall require that a hard surface be installed w4hin three(2)months of formal written notfce to the property owner. The area will be finished with concrete or asphalt. e. AP lighting shall be hooded and so dfrected that the light soorce shall not be visible from the public righf of way orfrorxr noighboriog residences and strati be in compliance with section 1000,10 of this chaptor, Lighting on the site is in compliance with Section 1000.10 of the Tuning Ordinance_ t The storago area does not encroach upon requires'public or employee p4inq space's), required taading space, or snow storage area as required by this ordinance. The outdoor storage will not encroach on parking, loading space or snow storage. g. A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the city erigirwer. The storage areas are included in the graving plan provided for the site plan. 4. The proposed use will not terra to or actually depreciate the area in which it is proposed. The outdoor storage is typical for industrial uses that are planned for the area. The use will not depreciate the area and will allow for the principal use to operate efficiently. Advanced ValurmOc Alliance,Albertville,MIN Nnvermff 10.202D LQP19005 A 31 5. Tbe proposEd use can be accommodated with existing public seed es and wN not overburden the cityd's service capacrty, The outdoor storage for finished inventory vd,ll have no effect on tte public services. The models in the front of will be temporary displays will not overhurder,the service capacity U. rra{ffc generafiorr by the proposed use is within the ca,pabflities of streets serving the properly. The proposed outdoor storage accessory to the vniumetric housing manufactunrig plant will have little to no effect on traffic.generated by the site. The models located at the fmnt of the site are expected to draw in customers who are interested in teeing the finished product, but these custorner trips are accounted for with the principal use of the facility. Preliminary Plat We are requesting approval of a preliminary plat to create one 33.90-are lot and three outlots. The lot will be developed with a Vol urrietNe housing Manufa.'tu1nq plant and access" uses and the❑utlots will be developed in the future. AUAR Applicability The,oricginaI AUAR was originally completed in 20Q3 and updated in 2017 for the Albertville 6usines a Perk The update approved on October 2, 2017 included an increase in the total area of the project from 75.4,000 sq, ft.to 875,000 sq. ft. on this 111-acre site.The 2017 AUAR established a framework for the proposed Mall of Entertainment (MOE)on the site,The purpose of ai AUAR is to identify the potential for significant environmental impacts from a development and adopted mitigation strategies. There are eight conditions defined in Minnesota Rules §4410 3610_ 5ubp.7 that dictate when an AUAR is required to be updated.We believe that none of the conditons that are outlined in Chapter 4410.3610 apply to our project or the existing AUAR. A memo has been attached as Appendix A uvith our nnalysis of the rules and why we consider an update to the AUAR to be unnecessary, t,l fll[111 f-Y e respeoduily reddest approval of the Re7nning, Site Plan,Gonditional Use Permit and Preliminary Plat to allo.v construe#ion rif Advanced 'Valumetric Alliance. Advamed Volumetric Adl�ance,Adtertvilie,MN November JO.2020 LDP 19005 5 32 Contact Information This document was prepared by: Kendra Lind,ahl,AICP Landform 105 South Fifth Avenue, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Kendra Undahl at klindaYl(@landform.net or 612,638.0225. Advanced ValurnetrlcAlllence,Albertville,MN Novomber 10,2WO LDP19005 s 33 Appendix A: AUAR Update Applicability for Advaimed Volumetric Alliance The Minnesota Rules Chapter4410 3610, Suhp-7, establish eight circumstances that wound require an update to the WAR and mitigation plan. The potential triggers are listed Wow along vulth responses to the applicability to the change in use of the proposed Advanced Volumetric Alliance site: A_ Five years haw-passed since the RGO adopted the nriginal onwronmentai analysis docurnent and plan for mitigation or fhe latest revision. This item does idol apply it ad dovolnpment within the area has been given final approval by fhe RGU. The AUAR update would not be required to be completed by October 2022. B. A comprehensive plan amendment is proposed that would allow an increase,is development aver the levals ass.umad in the environmi rntal analysis document. No comprehensive plan amendment is requlred ear proposed for the current plan. C. Total development wthin the area would exceed the maximum levels assumad in the envircnrnantal analysis document. The planned level of development on the site is less than was proposed with the 2017 AUAR update. Previous development on the site included 170.000 sq. ft,of medical office.549,000 sq ft. of commercial (315,000 sq. ft, of which was the MOE) and 95,700 sq, ft. of multi-family residential_The new plan reconfigures the site to feature an industrial use and o large amount of the retail and office space. The plans developed in 2017 ranged from 834,00 sq,ft.to 674,700 sq,ft. and the current plan projects 705,900 sq.ft. when the site is fully devel4ped D. Development within any subarea delineated in the envirDnmentai arralysis document would exceed the maximum;evels mom end for that subarea in the document. The total development area ore site remains well'below the area estimated in 2017, therefore.this would not trigger an AUAR update_A traffic study was performed as part of the 2017 update. The City +ill prepare a traffic study update to examine the changes in traffic voltiimes generated by the site.We have approximated that there will be a significant dewrease in total trips when fully developed. U;ing the Institute of Transportation Engineers (ITE) Trip Generation Manual we have estimated there will be a reduction of approximately 48%of the traffic that was prey=isly projected. E_ A substanfiai change is proposed in public facilities intended to sarvics development in the area that may result in increased advarse impacts on the onvironment. Public facilities are not defined by the Minnesota Rules, but Minnesota Rules Section 4410,3610, Subp. 18 defirres wbat must be included in a public facilities plan. R. A pubic lacifities plat?descr&r7g the character, tocaffori, Wing. sequence, function, use, and capacity of exisfing and future public facilities of the Ivcalgoverntner7ta;unit The public facilities plan gust in ude at least the lbijowving parts {1) a transportation play:describing. designating and scheduling fhe focetbn, extent, hincttron, and capacity ofexistirlg and proposed local public and private franspnrtathn farilities and services:and Advanced Volomorl�Ahzjnu�,Albeilville,MN Nowrnber 10,2020 Ll}r'"SGC�5 7 34 i1 (2) a sewage collection system policy plan describing, designating, and sdWing the areas to be served by the public system, the existfng and planned capacifies of the public system, and the standards and conditions under which tl;e installadorr of private sewage treatment systems will be permitted. There will have no adverse effect to these elements based on the changes that are proposed in the new plan. The futilities will still be connected A the same trunk line but will be brought infest instead of east. The demand on utilities will be significantly less than what would have been required by the Mall of Entertainment with the water park, F= Development or construction otpubllc facilities Wfl o ur orr a schedule other than that assumed in flee environmental analysis document orplarr for rnifigation so as to substantially increase the likelihood or magnitude atpotenfral adverse environmental impacts or to substantialfy postpone the rnplernerrtatiorr of identified rn itigation measures, The extension of public facilities will be similar to what would be developed with the 2017 plan The road alignments ha*changed slightly, but will have a significantly decreased need with the removal of the Mall of Entertainment.Utilities will still be connKled and extended in a similar way but will expand to the west before the east. G. New information demonsfrates that impo4ant assumptions or background conditions used in the analysis presented in the environmental analysis document are substanfiaily in omor and that environmental impacts have nonsequengy been substantially underestimated. There is no new information to suggest that the envirenrnental anaysis was substantially in error and that environmeRlal impacts have been substantially underestimated, H. The RGU def+e,,rmines that other subsranGal changes have occurred thet may affect the potential for. or rnagnIude of, adverse orwimnmental impacts. No other substantial changes have o murred that would affect the potential for,or magnitude of, adverse en vircnrnontai impacts. Summary While the use will be different With the current plan,the overall intensity of uses thmugho it the site will be less and will occupy less area than the previous plan proposed.The changes made to the site plan fortheAbertville Businass Park do not constitute enough of a change to require an AUAR update per Minnesota Rules Chapter 4410.361 Q, 5ubp.7, requirements, The AUAR mitigation strategies as adapted in 2017 will remain in place for this and any future development proposals. Advanced Vdurraic Alliance,Albaftllle,IVIN Ncveffiber 10,2021? 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Said site is located at the Southwest quadrant of Kadler Avenue and 701h Street intersection. To facilitate the development proposal the following development applications have been requested. 1. Comprehensive Plan Amendment. To change the guided land use from commercial to industrial. 2. Zoning Map Amendment: To change the zoning from B-2A Special Business District to I-2 General Industrial District. 3. Preliminary Plat. 4. Site and Building Plan Review. 5. Conditional Use Permits for outdoor storage and outdoor product display accessory to the industrial use. WHEREAS, City staff has reviewed submitted plans and prepared a planning report dated December 2, 2020, and City Engineer's memorandum dated December 1, 2020; and WHEREAS, the Albertville Planning and Zoning Commission met and held a public hearing on December 8, 2020, to consider the application for comprehensive plan amendment, zoning map amendment, preliminary plat, site and building plan, and conditional use permits; and WHEREAS, upon considering the application materials, the December 2, 2020 planning report,the City Engineer's Memorandum dated December 1, 2020, and public testimony the Planning Commission closed the public hearing and recommended that the City Council approve the requested Comprehensive plan amendment, zoning map amendment, preliminary plat, site and building plans and conditional use permits based on the findings and conditions of the December 2, 2020, planning report and December 1, 2020, Engineer's memorandum; and City of Albertville,MN Resolution No. 2021-003 Meeting of January 4,2021 Page 2 WHEREAS, the Albertville City Council met on January 4,2021, to consider the Advanced Volumetric Alliance development applications; and WHEREAS, the Albertville City Council has received the Advanced Volumetric Alliance application materials including a site plan; City Staff review documents; the Planning Commission recommendation; and agrees with the findings and recommendation of the Planning Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the Advanced Volumetric Alliance's request for a comprehensive plan amendment, zoning map amendment to change the zoning from B-2A district to an I-2 district, preliminary plat, site and building plans and conditional use permits for outdoor storage and outdoor display of products for the property legally described as Lot 1, Block 1 AVA Addition based on the following findings and conditions. Findings: 1. The City's 2030 Visioning Study identifies a desire for industrial development within the City to expand local employment opportunities, diversify job groups, provide livable wages and increase the local tax base. 2. The proposed industrial uses are similar to proposed land uses located north, and west of the site. 3. The subject area is not considered ideal for future retail commercial uses (per existing guidance) from both a use demand and site access/visibility perspective. 4. The subject site offers convenient access to major roadways which will be conducive to industrial users and related truck traffic. 5. As a requirement of site plan review, compatibility issues will be addressed through screening, land use transitions, building location and site design. 6. Traffic generated by future industrial uses will be within the capability of existing and future streets which serve the area. 7. The proposed land uses will not overburden City utilities and sewer. 8. The proposed land use will contribute to the City tax base and will generate significant fees for the City utility and park funds. Comprehensive Plan and Zoning Amendment: 1. The City adopts ordinance No. 2021-02 (OPTION 1 OR 2) establishing the I-2 General Industrial District with the AVA Addition Plat. 2. The zoning Map change will not occur until approval of the Final Plat and the recording of the Final Plat and development agreement. City of Albertville,MN Resolution No. 2021-003 Meeting of January 4,2021 Page 3 Preliminary Plat: The AVA ADDITION Preliminary Plat dated 11/10/2020 is approved with the following conditions being addressed with the submission of the final plat. 1. Kadler Avenue and Keystone Avenue must be designed and constructed to city standards for an urban industrial street. 2. Kadler Avenue and Keystone Avenue shall be constructed with the AVA project. No building occupancy permit shall be issued until these streets are complete. 3. The intersection of Keystone Avenue and 70a' Street must be coordinated with the City of Otsego to create a full intersection. 4. The preliminary Plat is revised to provide a 70 foot right of way dedication along Kadler Avenue. 5. The preliminary plat must provide a dedicated cul-de-sac right of way at the southern boundary of the plat. The length of the street may be reduced if the exception property south of the plat is acquired and included with the plat. 6. Kalder Avenue must be constructed as an urban industrial street. The street will need to be a 10-ton urban design, 44-foot wide bituminous street terminating in a cul-de-sac have a 45-foot radius. If the Developer acquires the single-family home in the southwest corner of the site, the cul-de-sac can be located immediately south of the Developer's north entrance to Kadler Avenue. If Developer does not acquire the single-family home in the southwest corner of the site, Developer shall construct Kadler as a 10-ton urban design, 44-foot wide street from 70a' Street to Developer's north entrance to Kadler Avenue, and thereafter construct a 22-foot wide, 10-ton rural design bituminous road down the south line of Developer's property, where a cul-de-sac with a 45-foot radius shall be constructed. 7. Developer shall be responsible for off- site improvements identified by the traffic study. 8. Applicant shall provide anticipated travel routes and travel times for approval by City Council. The wide load hauling shall avoid A.M. and P.M. peak traffic hours to prevent traffic conflicts with motorists. 9. Street design and issues shall comply with the City Engineer Memorandum dated December 1, 2020. All street plans shall be subject to review and approval of the City Engineer 10. As part of future final plat consideration, Outlot C shall be combined with Lot 3, Block 1, Albertville Business Park. Prior to release of the Final Plat, Developer shall obtain the written consent of the owner of said Lot 3, Block 1 to an agreement between such owner and the City that will prohibit a building permit being issued for said Lot 3, Block 1 until said Lot 3 is combined with Outlot C. Said agreement shall be subject to the City Attorney approval. City of Albertville,MN Resolution No. 2021-003 Meeting of January 4,2021 Page 4 11. The applicant shall provide a wetland mitigation plan that identifies the replacement of any impacted wetlands. 12. Within Lot 1 Block 1, Wetlands and their buffer areas located along the north and south side of the development area shall be platted as outlots and dedicated to the City. 13. Wetland and buffer areas located in any of the outlots shall be covered with drainage and utility easements and dedicated to the city. The plat shall be revised to illustrate these easements. 14. The landscape plan must illustrate the proposed ground cover within the wetland buffer areas. 15. The Drainage ditch that connects the wetlands shall be cleaned and graded to a minimum standard of 4 ft. bottom with 3:1 side Slopes. 16. Applicant shall address the comments of the City Engineer in his memorandum of December 1, 2020. 17. The plat must include drainage and utility easements over proposed storm water ponding areas as well as wetlands and buffer area within the outlots. 18. The plat must show drainage and utility easements over any municipal utilities outside of the street right of way. 19. The location, size and configuration of all required easements shall be subject to the approval of the City Engineer. 20. The applicant shall respond to the City Engineer's comments on grading, drainage and utilities outlined in the December 1, 2020 memorandum in a manner acceptable to the City Engineer. 21. As a condition of final plat approval, park dedication requirements of the City shall be satisfied. 22. The Applicant shall enter into a development agreement with the city with the approval of the final plat. Site and Building plans are approved for Lot 1,Block 1 AVA Addition; based on the Civil Engineering plans, Site plan, and landscape plan dated 11/10/2020, and the Building floor plans, Building elevations dated 10/13/2020. Said approval is subject to the following conditions being addressed with the submission of revised plans. 1. The site plan must be revised to illustrate the right of way requirements and street construction for Kadler Avenue as outlined in the preliminary plat review. City of Albertville,MN Resolution No. 2021-003 Meeting of January 4,2021 Page 5 2. The applicant provide a revised site plan showing the proposed building expansion and site alterations related to the expanded floor space. 3. The City shall reserve the right to require the construction of additional "proof of parking"parking stalls, should the need arise. 4. Due to the limited amount of available truck maneuvering space, the intent of loading activities on the south side of the building shall be clarified by the applicant. 5. Details related to trash handling activities shall be addressed by the applicant. 6. The outdoor storage area is required to be screened from public streets. The landscape screen must be extended along the fence line along Kadler Avenue. 7. A detail of the proposed fence shall be provided and meet the City's standards. 8. The landscape plan shows seed turf in areas to be maintained. This seed mix extends beyond the fence line. Areas between the fence and the wetland buffer may be better served with the no-mow buffer seed mix to avoid issues of access and maintenance beyond the fence line. 9. The landscape plan shall illustrate the wetland buffer ground cover. 10. A photometric lighting plan shall be provided which includes the following: A. 90-degree cutoff light fixtures with a shielded light source. B. Light pole locations and heights. C. A photometric plan which overlays the entire site. D. Building mounted lights. 11. A sign plan shall be submitted which specifies sign locations (freestanding and wall signs and directional signs), sign height, sign area, construction materials and illumination. All proposed signs shall be subject to the issuance of a sign permit. 12. The applicant acknowledge that any approvals granted for the submitted applications shall in no way be construed as an approval of the "future development" as depicted on the site plan. Any future development upon the site shall minimally be subject to subdivision and site and building plan approvals. 13. The grading, drainage and utilities shall address the comments of the City Engineer's Memorandum dated December 1, 2020. All grading, drainage and utility plans are subject to the review and approval of the City Engineer. City of Albertville,MN Resolution No. 2021-003 Meeting of January 4,2021 Page 6 Conditional Use Permit for Outdoor Storage. Approval of a conditional use permit to allow accessory outdoor storage in the rear (west) area of the site per the site plan dated 11/10/2020 subject to the following conditions: 1. Details related to the type of security fence and fence height shall be provided subject to City approval. 2. The landscape screen must be extended along the fence line along Kadler Avenue 3. The width of the screening/buffer yard alongside the single-family home in the southwest corner of the site shall be increased from 15 to 20 feet(such that coniferous trees can be staggered and spaced 25 feet on center). 4. The applicant shall provide information related to proposed snow storage locations. Conditional Use Permit for Outdoor Display. Approval of a conditional use permit to allow the outdoor display of models in the front (east) area of the site per the site plan dated 11/10/2020 subject to the following conditions: 1. Outdoor display activities shall be specifically limited to the boundaries of the four display areas depicted on the site plan. 2. The intended surfacing material of the outdoor display area shall be specified by the applicant. Adopted by the Albertville City Council this 4tn Day of January 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021-02 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE,RELATING TO THE AVA INDUSTRIAL DEVELOPMENT LOCATED AT THE SOUTHEAST QUADRANT OF KADLER AVENUE AND 70TH STREET IN THE CITY OF ALBERTVILLE The City Council of the City of Albertville, Minnesota hereby ordains: SECTION 1. The Albertville Zoning Map shall be amended changing the zoning on the property illustrated on map shown as Exhibit A from B-2A Special Business District to I-2 General Industrial District: This Amendment shall be in full force and effective immediately following its passage, publication and the recording of the Final Plat. Adopted by the Albertville City Council this 4tb day of January, 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk OPTION 1 E z � �J _ �N o LO 00 -� '� NaIL .�' 2- - W N O W O a)U aa = � � E > z Q' N� o rn � _ Z. O m 0 O Uo r._.._.._.._.._.._.._.._.._.._.._.._.._. i i ._.._.._.._.._.._.._.._.._.._.� i AfflE 1 1 � 1 ! N i m I ®®® i Q 2 1 O) o ® 1 1 0 N 0) ! � 1 Q co 1 N i 1 ' ................................. ................................................ CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021-02 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE,RELATING TO THE AVA INDUSTRIAL DEVELOPMENT LOCATED AT THE SOUTHEAST QUADRANT OF KADLER AVENUE AND 70TH STREET IN THE CITY OF ALBERTVILLE The City Council of the City of Albertville, Minnesota hereby ordains: SECTION 1. The Albertville Zoning Map shall be amended changing the zoning on the property illustrated on map shown as Exhibit A from B-2A Special Business District to I-2 General Industrial District: This Amendment shall be in full force and effective immediately following its passage, publication and the recording of the Final Plat. Adopted by the Albertville City Council this 4tb day of January, 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk OPTION 2 E z � �J _ �N oLO N a o co E/ .O O O OU -H �� = a N y , IL N N " ° CL X N � - - 3 E Q a =W s ° W o N z Q N Z.rn a U i o cu 0 O Uo r._.._.._.._.._.._.._.._.._.._.._.._.._. i i ._.._.._.._.._.._.._.._.._.._.� i AfflE 1 1 � 1 ! N 1 E i E m Q ®®® j Q ® — .' 2 1 O) o ® 1 N ! � 1 Q co 1 j ul ® 1 1 N m 1 1 ' ................................. .................................... ._.._..� �lbcrtvillc Mayor and Council Request for Action January 4, 2021 SUBJECT: PUBLIC HEARING-AVA INDUSTRIAL DEED GRANT APPLICATIONS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No.2021-003 approving submission of a DEED Minnesota Investment Fund grant application and Resolution No. 2021-004 approving submission of a DEED Minnesota Job Creation Fund grant application. The Resolutions seek State grant financial assistance for Advanced Volumetric Alliance to allow for the construction of a 137,800+ sq. ft. manufacturing facility in the City of Albertville. The motion shall authorize the Mayor to sign the resolution and authorize the City Administrator to sign the grant applications pending the receipt and approval of the final grant application, the project per forma and credit reports per the MIF resolution. BACKGROUND: Advanced Volumetric Alliance (AVA) LLC is proposing the construction of a 137,000+ square foot manufacturing plant upon an approximate 33 acre site located in the extreme northwest corner of the Albertville, South of 70t' Street and east of Kadler Avenue. AVA is pursing two State grant applications: AVA is pursuing a$450,000 Minnesota Investment Fund Grant (MIF). The MIF grant monies are being requested to finance capital equipment within the building needed to create product. This grant will come to the City to be offered as a zero percent loan to the AVA with the option of loan forgiveness if the Company fulfills set obligations. AVA is pursuing a $175,000 Minnesota Job Creation Fund grant (JCF). The JCF grant monies are intended to assist the start-up company in creation of new jobs. AVA is expecting the creation of 130 new jobs within five years of business start-up. These manufacturing jobs will offer a median wage of$22.50 an hour and benefits of$4.00 an hour. The resolutions represent the City support of the project. The grants will come to the City and be passed through to AVA. The City will be responsible for the grant administration and reporting. In recognizing these responsibilities, the resolutions will be approved and signed after the submission of the final grant applications, project per forma, and credit reports are submitted to the City, reviewed and approved by City Staff. KEY ISSUES: • Advanced Volumetric Alliance is proposing to construct a 137,000+ sq. ft. industrial building in Albertville. Mayor and Council Request for Action—January 4, 2021 AVA DEED Grant Application Resolutions Page 2 of 2 • The AVA project will create 130 new jobs within 5 years of start-up. • The proposed industrial development anticipates a median pay scale of$22.50 an hour and benefits $4.00 an hour. • The new industry will expand the local tax base. • The State grants are needed to help finance capital equipment and other costs associated with a start-up business. • As the sponsor of the grants, the City will be given the grant monies to be passed through to AVA. • The City assumes the responsibility for grant administration and reporting. • To date,the City has not received the project per forma, credit information needed to complete the grant, and TIF plan. The action on approving the resolution shall be conditioned on the receipt and approval of the per forma and credit information. POLICY/PRACTICES CONSIDERATIONS: The approval of the grant resolutions reflects the City's support of the project and grant application submission to the State. The AVA project is consistent with the City's economic development goals as outlined in the 2030 Vision Study. Staff is recommending approval of the resolution subject to the review and approval of the project per forma and project credit information. FINANCIAL CONSIDERATIONS: The applicant requests City financial assistance in pursuing State funding in the form of a grants/ loans. The Applicant is also requesting City financial assistance in the form of Tax Increment Financing. If the grant applications are approved the City will be responsible for grant administration. Grant administration within the City's staff capabilities. A successful AVA project will financial benefit the city through expanded job opportunities and tax base. LEGAL CONSIDERATIONS: Upon approval of the grant by the State the City will be required to enter into a grant contract with the State and will be need to comply with all the applicable laws, statutes,regulations, and rules as stated in the grant contract and described in the Project Compliance Certification of the application. Department/Responsible Person: Alan Brixius, City Planner Submitted Through:Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2021-003 MIF grant request Resolution No. 2021-004 JCF grant request CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-004 RESOLUTION SUPPORTING THE SUBMISSION OF A MINNESOTA INVESTMENT FUND (MIF) GRANT APPLICATION IN CONNECTION WITH ADVANCED VOLUMETRIC ALLIANCE (AVA) TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT WHEREAS,the City of Albertville, desires to assist AVA a manufacturing business which is proposing to construct a 137,000 + square foot manufacturing facility within the City; and WHEREAS,the City of Albertville, understands that AVA, through and with the support of the City intends to submit to the Minnesota Department of Employment and Economic Development an application for an award from the Minnesota Investment Fund (MIF); and WHEREAS,the City of Albertville, has conducted a public hearing at their January 4, 2021 City Council meeting to solicit public comments and consider the MIF grant application. NOW, THEREFORE BE IT RESOLVED,with the following resolution; the City Council of Albertville, Minnesota hereby authorizes the City Administrator and/City Clerk or their successors in office, to execute the grant contract and amendments, thereto, as necessary to implement the project on behalf to the City of Albertville, Minnesota,the submission of the MIF Grant application with the following Findings. 1. Be it resolved that the City of Albertville, Minnesota act as the legal sponsor for the project contained in the Minnesota Investment Fund application to be submitted on or about January 4, 2021, and the City Administrator and the City Clerk are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Albertville. 2. The City of Albertville has the legal authority to apply for financial assistance and the institutional, managerial, and financial capability to administer the proposed project. 3. The City of Albertville has not violated any Federal, State or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. 4. That upon approval of the application by the State,the City of Albertville certifies that it will comply with all applicable laws, statutes, regulations and rules as stated in the Grant Contract and described in the Project Compliance Certification of the Application. City of Albertville Resolution No. 2021-004 Meeting of January 4,2021 Page 2 5. The City of Albertville has obtained as applicable; credit reports and credit information on AVA and their Business Owners. Upon review by the City of Albertville and the City Attorney, no adverse findings or concerns regarding but not limited to; tax liens, judgments, court actions, and filings with the State, Federal and other regulatory agencies were identified. Failure to disclose and such information could result in revocation or other legal action. Adopted this 4tb day of January, 2021 by the Albertville City Council. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-005 RESOLUTION IN SUPPORT OF A JOB CREATION FUND (JCF) GRANT APPLICATION IN CONNECTION WITH ADVANCED VOLUMETRIC ALLIANCE (AVA) TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT WHEREAS,the City of Albertville, desires to assist AVA, a manufacturing business which is proposing to construct a 137,000 + square foot manufacturing facility within the City; and WHEREAS,the City of Albertville, understands that AVA, through and with the support of the City intends to submit to the Minnesota Department of Employment and Economic Development an application for an award/or rebate from the Job Creation Fund Program (JCF); and WHEREAS,the City of Albertville, has conducted a public hearing at their January 4, 2021 City Council meeting to solicit public comments and consider the JCF grant application. NOW, THEREFORE BE IT RESOLVED,that the City Council of Albertville, Minnesota, after due consideration hereby adopts the following finding of facts related to the project proposed by AVA and the grant application for an award and/or rebate from the Job Creation Fund Program and express their approval. 1. Finding that the project is in the public interest because it will encourage the growth of commerce and industry, prevent the movement of current or future operations to move outside of Minnesota, result in increased employment in Minnesota and preserve the state and local tax base. AVA is a new start-up company that is proposing to construct a 137,000+ square foot manufacturing facility in Albertville. This project will create 130 new jobs in Albertville Minnesota. The site and building will bring over $14,000,000 of site improvements and building value to the City. 2. Finding that the proposed project, in the opinion of the City Council, would not reasonably expected to occur solely through private investment within the reasonable future. The proposed development site for the AVA project falls within a larger undeveloped property. The subdivision and improvements required for the development of the AVA project include improvement not exclusive to their lot. Area improvements related to street construction, regional storm water management and extension of utilities increase the financial burdens on this project. The City of Albertville will be providing financial assistance through Tax Increment Financing to help with improvements that benefit the area beyond the development site; however, the JCF funds are needed to assist in the job creation and payroll assistance for this start up business. 3. Finding that the proposed project conforms to the general plan for the development or redevelopment of the City as a whole. City of Albertville Resolution No. 2021-005 Meeting of January 4, 2021 Page 2 The City of Albertville has approved a Comprehensive Plan amendment to guide this area of the community for industrial development. In considering this land use, the site offers the following characteristics that make the area appropriate for industrial development. • Located in the northwest corner of Albertville, the proposed site offers land area large enough to support the industrial land uses. Providing a site for AVA and allows additional sites for the creation of an industrial park. • The location of the site provides a degree of separation from less intense land uses; that allows industries to operate unencumbered without creating compatibility or nuisance issues. • The site has excellent access to Interstate 94, providing convenient travel routes for the company's suppliers and the transport of finish product to customer sites. • The site has access to the City's utilities. Industrial development in this area will not overburden City utilities or services. • The Project is consistent with the City's Comprehensive Plan goals of promoting economic development to expand local employment opportunities and expand tax base. • The introduction of this new industry to Albertville will help diversify local employment opportunities with a city that is heavy skewed to retail and service businesses. This diversification is beneficial to the entire community. 4. Finding that the proposed project will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment or development of the project by private enterprise. The AVA project represents a private sector/public sector partnership that advances the Albertville's goals for economic development. This project alone will create 130 new jobs at a pay scale that exceeds the average pay scale of retail or service job groups. This will expand the city tax base. Beyond this AVA project, this development will provide opportunity for expanded industrial growth within the City by becoming the first major anchor for a larger Albertville Industrial park. The subdivision and improvements related to the AVA project will open additional land up for industrial and commercial development. AVA will attract suppliers and complimentary business that will benefit by being in close proximity to AVA. This will perpetuate the City's industrial growth which is consistent with the needs of the City. Adopted this 4tn day of January, 2021 by the Albertville City Council. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk �lbcrtvillc Mayor and Council Request for Action January 4, 2021 SUBJECT: ADMINISTRATION - RENEWAL OR REQUOTING OF RECYCLING CONTRACT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: (A) Authorize City Staff to renegotiate an extension of the existing recycling contract with Republic Services; or (B) Authorize City Staff to request proposals for a new recycling contract. BACKGROUND: In the fall of 2010, the City solicited requests for proposals from recycling firms. Ultimately the City entered into a contract with Allied Waste Services on November 30, 2010. Republic later acquired Allied and the City negotiated a renewal of that contract with Republic in 2015.That contract remains in force until May 31, 2021. At the time of both contracts, China was purchasing most plastic recyclables generated in the U.S. In 2018, China announced it would no longer purchase most U.S. plastic recyclables, and the recycling market for plastics essentially collapsed. Shortly after that, Republic asked the City to increase the price it paid Republic to offset Republic's losses on the plastics market. The City declined, as Republic took a market risk and would certainly not allow the City to lower its payments to Republic had the plastics market happened to increase rather than decrease. Since the price collapse, virtually all cities that have entered into recycling contracts have seen significant price increases. City Staff expects Albertville to have a similar experience. Complicating matters further, a number of haulers have left the business as a result of China's impact on the recycling market. The question now is whether to negotiate a new contract directly with Republic or to request proposals from any interested companies. Under Minnesota law, the City does not have to bid this contract and can negotiate the contract in any legal manner. Issues related to each alternative are identified below: KEY ISSUES: Ne2otiatin2 directly with Republic. • Will avoid the need to swap out Republic's cart for a new hauler's cart at the end of May, 2021 for every single family house in the City. The swap out will be a significant undertaking for both Republic and the new hauler, and a significant inconvenience for the City's residents. It is unlikely that the timing will go entirely smoothly. Mayor and Council Request for Action—January 4, 2021 Renewal or Requoting of Recycling Contract Page 2 of 3 • Because Republic has already purchased and distributed the existing carts, its quote should be able to exclude these costs and therefore be cheaper than its competition. Any new companies will have to build the cost of the cart and its distribution into its rate structure. • City Staff is very satisfied with Republic's initial service and their response to any problems that have arisen. They have been a model service provider over the life of these contracts. City Staff spends much more time dealing with complaints from residents about the various garbage haulers operating in the City than it does Republic. • Republic is a known quantity and is seen as the no-risk option. • There is some thought that the City can negotiate the best deal by opening up exclusive negotiations with Republic first in that if Republic shoots us the right price, it can essentially eliminate the risk that it will lose Albertville's account. Losing the account would require it to collect all of its carts and would lock it out of Albertville for at least 5 years. City Staff thinks it can have an answer fairly quickly from Republic and should be able to at least compare Republic's numbers against what other Cities have recently contracted for to make sure we are in the ball park. • City Staff expects that any contract with Republic will result in higher fees than we are currently paying. Advertising for RFPs: • In theory, competition from other vendors should lead to lower prices. However, the City only had four firms quote the 2010 RFP. Given the severe downturn in the market, we will likely see fewer firms, which may negate or reduce any competitive benefits. • If a new provider is chosen, all carts in the City will need to be swapped out. This will undoubtedly create some temporary missed pick-ups and issues. • A new provider will have an unknown service record. That will change once we are into the contract for a year or so as we establish a business relationship with the provider, but at that point we will likely be into a five-year contract. • A contract through the RFP process could result in fees higher than could be negotiated with the Republic. POLICY/PRACTICES CONSIDERATIONS: Given the depressed recyclables market and the likelihood of relatively few responses to an RFP, City Staff would prefer to attempt to negotiate an extension of the existing contract with Republic at what will certainly be a higher price. Republic's service has been top-notch, which has value to the City. Another provider, although possibly cheaper, is not likely to match Republic's service. FINANCIAL CONSIDERATIONS: As noted above, no matter which route the City takes, it will end up paying more for recyclable collection. The only question is how much more. Mayor and Council Request for Action—January 4, 2021 Renewal or Requoting of Recycling Contract Page 3 of 3 LEGAL CONSIDERATIONS: The City is free to negotiate this contract, to send out RFPs, or to bid the contract via sealed bids. Because of the variations in service among providers, City Staff does not recommend that the City bid this contract as the City has little ability to ensure that the low bidder can deliver the level of service the City may desire. The City has much more flexibility with either an RFP or straight out negotiation. Submitted Through: Adam Nafstad, City Administrator/Public Works Director. Attachment: 2015 Recyclable Contract RECYCLING SERVICE CONTRACT �1 THIS AGREEMENT is made and entered into this day of e5 2015,by and between the CITY OF ALBERTVILLE,MINNESOTA, a Municipal Corporation organized and existing under the laws of the State of Minnesota(the"City") and Republic Services, d/b/a Allied Waste Services of the Twin Cities - Eden Prairie ("Contractor"). WITNESSETH: WHEREAS, The City of ALBERTVILLE has found and determined that the public health and safety of the City will be promoted and preserved by establishing with a private contractor an arrangement for the collection, transportation, and disposal of recyclable materials kept and accumulated within the City; and WHEREAS,the City desires to maintain a curbside recycling program that is eligible for SCORE grant; and WHEREAS, pursuant to appropriate action heretofore taken,the City has determined the Contractor to be qualified to carry out the terms of this contract; and WHEREAS, the service fees proposed by the Contractor is acceptable to the City; WHEREAS, the City solicited Requests for Proposals for recycling in 2010 and entered into a contract pursuant to such Requests for Proposals with Allied Waste Services of North America, LLC, ("Allied")dated November 30, 2010 ("Original Contract"); and WHEREAS, Republic Services has succeeded to the interests of Allied; and WHEREAS, Contractor and City have negotiated a modification/extension of the Original Contract, as set forth herein; NOW, THEREFORE, in consideration of the covenants,promises, undertakings, and obligations herein created, granted, and assumed, the parties hereto agree as follows: SECTION 1. DEFINITIONS: A. Place or Premises: Place or premises shall mean any dwelling house, dwelling unit, multiple dwelling, building,trailer, mobile home park, and every other place or premises where any person resides within the City. B. Residential Unit: Residential unit as used herein shall mean any structure in which one or more persons resides. C. Person: Person shall mean and include any natural person, corporation, firm or association. D. Multiple Residences: Multiple Residences shall mean any single structure containing four(4) or more dwelling units. E. Recyclable: Recyclable shall mean the following items: 1. Newspapers,magazines, paper, envelopes and paperboard boxes. 1 2. Aluminum, bi-metal and tin food containers. 3. Glass containers; and 4. Plastic bottles and containers#'s 1. thru 7. The contractor and city may add other items as mutually agreed. F. Snowbird: Resident who vacates the property for several months. G. Foreclosure or Vacant Home: A residence not being occupied to which the City does not have an active water utility bill. SECTION 2. TENURE OF CONTRACT: This Contract shall commence on January I, 2016 and remain in effect through May 31, 2021. In addition,the City and Contractor may by mutual agreement renegotiate and extend this contract for additional 1, 3 or 5 year terms effective June 1, 2021. SECTION 3. RENEGOTIATIONS: The parties do hereby agree to meet and discuss with each other any suggested changes or amendments to this contract in order to minimize or eliminate inequities as may arise and be found to exist in the strict performance of the provisions hereof. Neither party shall be obligated to make changes as a result of such renegotiations. SECTION 4. RESIDENTIAL RECYCLABLE COLLECTION: The Contractor shall collect, transport and dispose of all recyclable materials from all residential units within the corporate limits of the City, as the same are now, and as the same may hereafter be defined, as follows: A. Once every other week for each residence. The residents shall place all recyclable containers curbside no later than 7:00 AM on collection day. B. The Contractor had divided the City into two sections for collection purposes and collects from one section one week and from the other section the next week. The Contractor shall collect recyclables only on Thursdays, provided, however,that the Contractor may shift collection to Friday when Thursday falls on a legal U.S. holiday. C. Owners and occupants of all residential units who desire to have their recyclables collected by Contractor shall be required by the City to use an approved 35, 65 or 95 gallon wheel cart for the collection and disposal of recyclables. D. In no event shall the Contractor be required or suffer penalty for failure to perform a scheduled pickup when prevented from doing so as the result of an undue accumulation of snow and/or other catastrophic conditions. In such case, collection shall be made on the next day, if possible. E. The City shall bill the individual households and make payment to the contractor on a monthly basis. At the City's option, the Contractor agrees to accommodate electronic payment. F. The Contractor shall not require separation of recyclables by type, but shall permit City residents to aggregate all of their recyclable materials into the same container for collection by the Contractor. G. On rare occasions, after maximizing the use of their recycling cart, residents who have a large amount of cardboard or other recyclable material may bundle this material up and leave it beside the recycling container for pickup and the 2 Contractor shall pick up such additional recyclable material at its regular collection time. The Contractor shall provide each residence with a new recycling cart equipped with wheels, in a size of 35, 65 or 95 gallons for use during the term of this Agreement. The cost of providing the cart is built into the unit rate contained on the attached Exhibit A. Contractor shall be responsible for the maintenance of the carts and except in the case of abuse and/or misuse by a resident, shall replace damaged or broken carts free of charge when necessary. Upon the termination of this Agreement, Contractor shall collect all carts at Contractor's expense. Residential properties that request a change in cart size or request multiple carts(only when one cart is routinely filled to capacity) shall be provided such at no additional cost to the City or the property owner. All such cart changes shall be completed in less than 30 days, except that Contractor may take up to 45 days from the commencement of this Agreement to fulfill cart size change requests. SECTION 5. RECYCLING COLLECTION(COMPENSATION): Compensation to be paid by the City to the contractor for residential collection of recyclables shall be in accordance with the fee schedule found in"Appendix A". Contractor shall be paid for each occupied residence in the City, whether or not such residence chooses to have Contractor collect recyclables from such residence. Some residents leave for several months of the year(snowbirds) and at other times the City has vacant homes due to foreclosures and other reasons. The monthly recycling charge shall not be charged to properties during such time as water utilities are shut off to such residents. Contractor shall collect recyclables from additional residences located in the City as may be designated in the future by the City(including residences constructed after the date of this Agreement) at the same per residence rates as set forth in this Agreement. Liquidated Damages The Contractor shall agree, in addition to any other remedies available to the City,that the City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor to fulfill its obligations. The following acts or omissions shall be considered a breach of the contract: a) Failure to respond to legitimate service complaints within 24 hours in a reasonable and professional manner- $50 per incident. b) Failure to collect properly notified missed collections (as per Section 4.13 of the RFP) - $250 per incident. c) Failure to provide monthly and annual reports (as per Section 4.22 of the RFP) - $100 per incident. 3 d) Failure to complete the collections within the specified timeframes (as per Sections 4.11 and 4.14 of the RFP) - $100 per incident. e) Failure to clean up from spills during collection operations (as per Section 4.12 of the RFP) - $250 per incident. f) Failure to report on changes in location of recyclable materials processing operations (as per Section 5.1 of the RFP) - $250 per incident. g) Exceeding the maximum process reject rate (as per Section 5.1 of the RFP) - $1,000 per time such reject rate is exceeded (defined as a percentage of total weight). h) Failure to receive City written approval of changes to the "single-stream" collection and processing systems prior to implementing any such change (as per Section 9.6 of the RFP) - $5,000. i) Failure to conduct annual composition analysis or agreed upon alternative (as specified in Section 5.3 of the RFP) - $100 per incident. j) Failure to provide written description of the means to estimate relative amount of process residuals derived from the City's recyclable materials (as per Section 5.4 of the RFP) - $100 per incident. The Contractor shall be liable for liquidated damages amount(s)upon determination of the City of Albertville that performance has occurred that is not consistent with the provisions of the contract. The City shall notify Contractor in writing or electronically of each act or omission discovered by the City. It shall be the duty of the Contractor to take whatever steps or action may be necessary to remedy the cause of the complaint and shall be given three business days to remedy any and all issues without having damages imposed. The City may deduct the full amount of any damages from any payment due to the Contractor. The remedies available to the City under this paragraph shall be in addition to all other remedies which the City may have under law or at equity. Exceptions: the Contractor shall not be deemed to be liable for penalties where its inability to perform recycling collection service is the result of conditions beyond the control of the Contractor, including but not limited to civil disorder, acts of God, strikes/labor disputes, inclement weather severe enough that trucks cannot safely take collections,provided however,that the Contractor shall obtain the approval for the delay from the City Administrator or designee prior to 4:00 p.m. of the scheduled collection day. SECTION 6. COLLECTION OF RECYCLABLES BY OTHER CONTRACTORS: A. The City shall not contract with a different contractor for the collection of residential recyclables during the same time period as the Contractor is required to collect 4 recyclables in the City under this Agreement, provided however,that the City may so contract in the event of default by Contractor under this Agreement or in the event the City enters into a contract for such collection where such collection is to begin after the expiration of the term of this Agreement. Contractor acknowledges that the City shall not be required to attempt to prohibit the collection of recyclables by other persons or companies within the City, nor shall the City be required to pass an ordinance requiring the City's residents to exclusively use Contractor for recycling services. SECTION 7. SPECIAL CITY SERVICES: The Contractor agrees to collect recyclables from City Hall, the City's Fire Station, and the City's Public Works and Utilities Building and parks every other Thursday free of charge. SECTION 8. COLLECTION EQUIPMENT: The Contractor shall provide all equipment necessary for collection,transportation and disposal of collected recyclables. All trucks shall be designed and built specifically for recyclable collection and shall be of the covered all-metal type so the material being collected and transported will not be seen, will not blow, fall or leak from the vehicle. The Contractor shall maintain equipment, used in the performance of this contract in a clean and sanitary condition. SECTION 9. PROCESSING OF RECYCLABLES: The Contractor shall haul all collected recyclables to an authorized sorting or reprocessing facility known as a Materials Recovery Facility (MRF)where such recyclables shall be weighed and an invoice received by the Contractor showing the tonnage of recyclables collected within the City. Such invoice must be in a form sufficient to qualify the recyclables as having been properly disposed of for purposes of credit toward SCORE grant monies. Contractor may not transport the recyclables to a landfill, incinerator or otherwise dispose of in the same manner as garbage. All costs of transporting and depositing the recyclables with the sorting or reprocessing facility shall be at the expense of the Contractor. SECTION 10. COLLECTION OPERATIONS: The Contractor shall furnish all labor and equipment as shall be necessary and adequate to insure satisfactory collection,transportation and proper disposition of the recyclables. The Contractor shall make every effort to maintain established scheduled pick-ups even though conditions such as weather may be adverse. Containers shall be handled with reasonable care to avoid damage and are to be replaced in an upright position. Any contents spilled shall be cleaned up immediately and all work to be performed hereunder shall be done so as to protect,to the highest extent possible,the public health and safety. SECTION 11. CONTRACTOR INSURANCE: The Contractor shall carry and file policies or certificates with the City for worker's compensation insurance, public liability insurance (including for automobiles and trucks), and property damage insurance. The City shall be named as an additional insured in all such policies. All liability policies shall provide coverage in an amount at least equal to $500,000 per person and $2,000,000 per occurrence. In the event the maximum municipal tort liability limits 5 as set out in Minn. Stat. 466.04 increase above the amounts set out herein, Contractor shall increase its liability insurance coverage to equal or exceed such maximum amounts. The Contractor shall defend, indemnify and save harmless the City from any and all claims and causes of action which may be asserted against the City on account of any act or omission of the Contractor or its employees and agents in connection with its performance under this Agreement. The Contractor shall pay all bills or claims for wages, salaries and supplies, incurred in the operation of the collection service. The indemnification obligations of Contractor shall be limited to Contractor's negligence or willful misconduct. SECTION 12. CONTRACTOR PERFORMANCE: In the event the Contractor fails to collect the recyclables as required by this Agreement such that the uncollected recyclables pose a health hazard or a nuisance to the general public, the City may, at its option, hire such labor and equipment as may be necessary to collect and dispose of such recyclables and may, at the City's option, terminate this Agreement after the Contractor is given 5 business days to remedy the situation. In such event where remedy does not occur, the Contractor shall reimburse the City for all reasonable collection expenses the City incurs above and beyond the amounts the City is obligated to pay for such collection under this Agreement. The City shall promptly relay any complaints it receives from its residents regarding Contractor's performance to the Contractor, and Contractor shall, within three business days thereafter, inform the City how it intends to respond to such complaints. If during any four week period the City receives complaints regarding Contractor's performance from at least 2% of the households to which this Agreement applies, the City may terminate this Agreement upon 15 days mailed notice to Contractor without first giving the Contractor 5 business days to remedy the situation. SECTION 13. ASSIGNMENTS AND SUBCONTRACTORS: The Contractor shall not assign this Contract or any interest therein or any privilege or right granted therein without the written consent of the City Council. Consent by the City to one assignment shall not be deemed to be consent to any subsequent assignment,neither shall the Contractor subcontract all or any portion of the work to be performed hereunder without the written consent of the government body of the City Council. SECTION 14. COMMERCIAL BUSINESS COLLECTIONS: This contract applies only to residential recyclables as defined herein. Commercial businesses which have a volume of recycling similar to a residential home may by mutual agreement between the City and Contractor be eligible for service under this contract. This contract does not inhibit any and all other commercial businesses to contract with the hauler of their choice. SECTION 15. WAIVER: The waiver by the City of any breach or violation of any term covenant, or condition of this Contract shall not be a waiver of any subsequent breach or violation of the same or any other term, covenant or condition hereof. 6 SECTION 16. DISPUTE: In the event a dispute shall arise between the Contractor and the City,with respect to the amount of monthly compensation entitled to the Contractor from the City, duly appointed City and Contractor representatives shall meet and endeavor to resolve the differences. In the event the dispute cannot be so resolved both the City and Contractor shall be bound by the terms and conditions of this Contract. Disputes that require legal action may only be brought in Wright County District Court, and Minnesota law shall apply to any such disputes. SECTION 17. BINDING EFFECT: The terms, covenants, and conditions of this contract shall apply to, and shall bind and inure to the benefit of the parties,their successors, and assigns. IN WITNESS WHEREOF,the parties have hereunto executed this Contract,by their officers, as of the day and year first above written. CITY OF ALBERTVILLE CONTRACTOR By: By: /�- Jill* endrickson, Mayor Tom Chovan, General Manager ATTEST: �f Kimberly A lson, City Clerk Date: 7 EXHIBIT A CITY OF ALBERTVILLE RECYCLING SERVICE CONTRACT The Contractor shall be paid in accordance with the following fee schedule: Monthly Per-Residence Single Sort Recycling Service Rates: The Recycling Cost Breakdown per Household for every other week pickup for 35, 65 or 95 gallon carts will be: 2016 $3.29 2017 $3.29 2018 $3.62 2019 $3.62 2020 $3.62 2021 $3.62 8 1bcrtvi11- City Administrator's Update Smallown Living.Big CRy Llfe December 30, 2020 GENERAL ADMINISTRATION Fehn Companies: Fehn Companies have submitted a preliminary and Final Plat application for an industrial park project at Barthel Industrial Drive and 50th Street NE. The application will be presented to the Planning Commission at their January meeting. Konz Crossing: The Konz's have submitted a site and building applications for a retail/office building project at Lachman Avenue NE and 57th Street NE. The applications will be presented to the Planning Commission at their January meeting. Watermark Concept Plan: It is our understanding the Developer intends to make formal application this winter. As such, staff has been discussing options for JPWB to purchase land adjacent to the JPWB property to allow for future expansion. Advanced Volumetric Alliance: The preliminary plat and rezoning application will be presented at the meeting. The Developer is also seeking financial assistance through TIF and DEED, which will be discusses at the meeting. It is understood the final plat and will come to Council in February. Towne Lakes 6t"Townhomes: The townhomes in the 6 t h Addition are required to be owner occupied. The development agreement requires the developer to file a deed restriction on each lot that prohibits rental of any of the units, which is not a requirement of the HOA. Earlier this month the city learned the developer had not recorded the deed restrictions on any of the lots. Letters will be sent to the Developer and owners of the properties notifying them of the requirements. Website Rebuild: Staff meets weekly with Granicus regarding the rebuild. We expect to launch the new website late-spring/early summer of 2021. STMA Arena: The arena is open for limited use and is expected reopen for high school and youth hockey on January 4. Staff is working on the HockeyTV. ENGINEERING/PUBLIC WORKS 2021 Street Project: The 2021 street project will be presented to Council in January. Local Road Improvement Program: MnDOT recently announce the solicitation for the 2020 LRIP. Applications are due on March 3 and awards will likely be announced in May. Staff believes Barthel Industrial Drive may be a good candidate and will be researching further. BNSF Quite Zone Study: We are working the preliminary engineering report to present at a future meeting. WWTP Reed Bed Elimination Project: Albertville's WWTP Improvement project was included in the bonding bill for$2,500,000. Staff is working on preliminary plans, the construction schedule, and funding options. The tentative project schedule is to complete preliminary design by March, final design by August, and bid in Sept/Oct with a projected construction start in Nov. 2021. 1-94 Project: Staff continues to work with MnDOT on a number of drainage and utility relocating items. Staff is actively meeting with MnDOT and their Contractor/Designers to discuss options to eliminate the Creamery Pond. 58t" Street NE and Central Park Improvements: Staff is working on the Source Well contract for the skate park. Construction of the skate park is scheduled to begin in the spring. CSAH 19 and 701" Street: Construction and landscaping is generally complete for the year. Final restoration and punchlist related work will be completed in the spring. City Administrator's Update Page 2 of 2 December 30, 2020