2021-01-04 City Council Agenda Packet A,lbertville City of Albertville Council Agenda
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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
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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
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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.
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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
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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
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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
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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
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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).
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2021-003
RESOLUTION APPROVING A REQUEST FOR A COMPREHENSIVE PLAN
AMENDMENT,A ZONING MAP AMENDMENT TO CHANGE ZONING FROM B-2A
DISTRICT TO I-2 DISTRICT,A PRELIMINARY PLAT, BUILDING AND SITE PLAN
AND CONDITIONAL USE PERMITS FOR OUTDOOR STORAGE AND OUTDOOR
PRODUCT DISPLAY FOR THE ADVANCED VOLUMETRIC ALLIANCE (AVA) TO
CONSTRUCT 137,800+ SQUARE FOOT INDUSTRIAL BUILDING ON LOT 1,BLOCK
1 AVA ADDITION WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Darkenwald Holdings LLC. has filed an application and submitted plans
for the development of a 137,800+ sq. ft. industrial building for Advanced Volumetric Alliance
(AVA). 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
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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
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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
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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
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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