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2021-05-03 City Council Agenda Packet
A,lbertville City of Albertville Council Agenda Small Wing.Big City We. Monday, May 3, 2021 City Council Chambers 7pm 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: https://zoom.us/j/98449895561?pwd=SnBJZEtZQ04wUFhsdDJla3JNdEIKQT09 Zoom Meeting ID: 984 4989 5561 Passcode: 693990 Zoom Audio Number: 1-301-715-8592 PUBLIC COMMENTS-The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest.Citizens wishing to address the Council regarding specific agenda items,other than public hearings,are invited to do so under Public Forum and are asked to fill out a"Request to Speak Card". Presentations are limited to five(5)minutes. 1. Call to Order 2. Pledge of Allegiance-Roll Call Pages 3. Recognitions—Presentations -Introductions 1. Fire Department Recognition of Bill Valerius 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 April 19, 2021, Council Workshop minutes as presented. 4 B. Approve the April 19, 2021, regular City Council Meeting minutes as presented. 5-9 C. Authorize the Monday, May 3, 2021,payment of claims as presented, except bills 10 specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. D. Approve an Intoxicating Temporary On-Sale Liquor License for the Albertville Lions, 11 Knights of Columbus 94174, Albertville Fire Relief Association and the Foxtails Snowmobile Club for June 10 through June 13, 2021 for the 2021 Friendly City Days Festival for a flat fee of$100 for the event. City of Albertville City Council Agenda Monday, May 3, 2021 Page 2 of 3 7. Planning and Zoning A. Fehn Companies Industrial Development PUD and Final Plat 12-29 (Motion to adopt Resolution No. 2021-023 and Ordinance No. 2021-07 addressing the following development applications for Hunter Land Company/Fehn Companies to allow for the construction of a corporate headquarters for Fehn Companies in the City of Albertville. • Zoning Map amendment to change the zoning from I-2 General Industrial to PUD/1-2 Planned Unit Development/General Industrial District. • Revised Final Plat for Fehn Industrial Park.) B. Fehn PUD Development Agreement 30-48 (Motion to approve the Planned Unit Development Agreement for Fehn Industrial Park.) C. Public Hearing on Proposed Fehn Tax Increment Financing District Request • Mayor to open public hearing • Motion to close public hearing (Motion to continue the Public Hearing until the May 17 City Council Meeting to allow for final review by all parties.) 8. Wright County Sheriff's Office—Updates,reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc) 2. Appointment of Planning Commission Member 49 (Motion to adopt Resolution No. 2021-026Appointing Planning Commission Member.) B. Building -None C. City Clerk -None D. Finance 1. Approve Driveway Improvement Assessment 50-54 (Motion to approve Driveway Replacement Contract for property owner Kenneth Schmidt located at 11415-541h Street NE, Albertville, MN 55301.) E. Fire -None F. Public Works and Engineering 1. Approve Purchase of Utility Vehicle 55-56 (Motion to approve purchase of a new Kubota RTV X900L Utility Vehicle for $13,607.12.) G. Legal-None City of Albertville City Council Agenda Monday, May 3, 2021 Page 3 of 3 H. Administration 57-67 1. Approve Participation in the Wright County Economic Development Authority —tabled from the April 19,2021, City Council Meeting (Motion to adopt Resolution No. 2021-022 opting the City ofAlbertville to participate in the Wright County Economic Development Authority.) 2. City Administrator's Update 68-69 10. Announcements and/or Upcoming Meetings May 10 STMA Arena Board, 6 pm May 11 Planning Commission, 7 pm May 17 City Council, 7 pm May 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm May 31 City Offices closed in observance of Memorial Day June 7 City Council, 7 pm 11. Adjournment �lbcrtvillc1 Smoll Town 9 ry ALBERTVILLE CITY COUNCIL WORKSHOP DRAFT MINUTES April 19, 2021 -6:30 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the workshop to order at 6:30 pm. Present: Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski. Staff Present: City Administrator-PWD Nafstad, City Planner Brixius and City Clerk Luedke. Others Present: John Cardinal, Regan Englund, Sizi Goyah and Stacee Smith 2. Planning Commission Interviews The City Council conducted individual interviews with the four applicants who had submitted a letter of interest to the City for the open Planning Commission seat. Each applicant was given five minutes to provide information regarding their interest in serving on the Planning Commission and to answer questions from Council. Mayor Hendrickson notified each applicant that a decision would be made after all of the interviews were conducted and the appointment would be made at the May 3, 2021, City Council meeting. 3. Adjournment Mayor Hendrickson adjourned the meeting at 6:58 pm. Respectfully submitted, Kristine A. Luedke, City Clerk Agenda Page 4 Nbertville Smell Y-.'gin W.B.Big CIc4 Uft. ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES April 19, 2021 —7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7:01pm. 2. Pledge of Allegiance—Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski Staff Present: City Administrator-PWD Nafstad, City Attorney Couri, City Planner Brixius, Fire Chief Bullen, Finance Director Lannes and City Clerk Luedke. 3. Recognitions—Presentations—Introductions A. 2020 Audit Presentation—ABDO,Eick & Meyers LLC Mr. Andy Berg, ABDO, presented the 2020 Audit report which included the auditor's opinion, fund results and the key performance indicators. He said the City received a clean opinion from the firm and stated that the only minor concern was regarding the limited segregation of duties, but that this has been a regular finding due to the size of the City. He said the City's general fund revenues were up this year due to the CARES money the City had received and the highest expenditure for the City continues to be for public safety. Mr. Berg also provided an overview of the City's water, sewer, storm water and recycling funds and answered questions from Council. MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to accept the 2020 audit report as presented. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.Nays: None. The motion carried. 4. Public Forum There was no one present for the public forum. 5. Amendments to the Agenda There were no amendments to the agenda. MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to approve the April 19, 2021, agenda as submitted. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.Nays: None. 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. Agenda Page 5 City Council Meeting Draft Minutes Page 2 Regular Meeting of April 19,2021 6. Consent Agenda -continued A. Approve the April 5, 2021, Local Board of Appeal and Equalization Meeting minutes as amended. B. Approve the April 5, 2021, regular City Council Meeting minutes as presented. C. Authorize the Monday, April 19, 2021,payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. D. Approve the revisions and updates to the 2021 Fire Department Standard Operating Policies and Procedures. E. Adopt Resolution No. 2021-018 authorizing the Mayor and City Clerk to enter into the Court Data Services Subscriber Amendment Agreement and Joint Powers Agreement between the MN Bureau of Criminal Apprehension and City of Albertville on behalf of Wright County for access to the MN BCA's criminal justice database. F. Adopt Resolution No. 2021-019 authorizing and documenting Inter-Fund Loans to Fund Negative Fund balances. • Inter-Fund Loan from Industrial Park Debt Service Fund (362)to TIF# 17 Old Castle 2015 Fund (417) in the amount of$387,773.86 to fund the negative balance in the TIF fund; and • Inter-Fund Loan from Industrial Park Debt Service Fund (362)to TIF# 16 Mold Tech 2015 Fund (416) in the amount of$5,820.98 to fund the negative balance in TIF fund. G. Adopt Resolution No. 2021-020 authorizing the Transfer of Funds. • Transfer$30,054.53 from Water Access Fund No. 206 to Fund 602 Water Fund for annual bond payments; and • Transfer $710,652.74 from Sewer Access Fund No. 204 to Fund 601 Sewer Fund for annual bond payments. Councilmember Olson had one correction to the April 5, 2021, Local Board of Appeal and Equalization Meeting minutes regarding the time of adjournment. MOTION made by Councilmember Olson, seconded by Councilmember Hudson to approve the April 19, 2021, Consent Agenda as amended. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 7. Public Hearing—None 8. Wright County Sheriff's Office—Updates,reports, etc. There were no updates from the Wright County Sheriff's Office. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena,Planning, JPWB,Parks, Fire Board, FYCC) Councilmember Zagorski provided an update from the Planning Commission meeting and said the Commission recommended approval of the Fehn PUD Agreement and discussed land usages for other properties in the City. Councilmember Hudson provided an update from the STMA Arena Board meeting and said the Board members discussed the proposed 2021 budget. Agenda Page 6 City Council Meeting Draft Minutes Page 3 Regular Meeting of April 19,2021 1. Committee Updates - continued Councilmember Cocking provided an update from the Steering Committee and said the Committee discussed the potential operating referendum and he answered questions from the other Councilmembers. He also provided an update from the Fire Relief Business meeting and said the Fire Relief discussed options for their yearly fund raisers. Chief Bullen answered questions from Council. Councilmember Olson said that the FYCC summer events have been scheduled. He also provided an update from the I-94 Coalition meeting and said the main topic was possible grant funding options for the project. City Administrator Nafstad provided additional information regarding the federal funding requests of the Coalition. B. Building—None C. City Clerk—None D. Finance—None E. Fire—None F. Planning and Zoning—None G. Public Works/Engineering 1. Award 2021 Street Improvements City Administrator Nafstad presented the staff report and said that the City had received eight competitive bids for the street improvement project. He said the bids came in below the project's estimated cost and that staff recommends the awarding the contract to the lowest bidder, Knife River, Inc. Mr. Nafstad said because the bids came in lower than expected, staff would like to review a few smaller street sections to see if there was an opportunity to include them in this year's project. He added that any additional street sections would come back to Council for their approval. Administrator Nafstad and Attorney Couri answered questions from Council regarding the bidding process. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to adopt Resolution No. 2021-021 accepting the low bid for 2021 Street Improvements. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 2. Review of Quiet Zone Study City Administrator Nafstad presented the draft Quiet Zone Study conducted by Bolton &Menk which included the proposed improvements, cost estimates,train horn requirements and possible alternates to the establishment of a quiet zone. He said the next step would be to review the requirements with the County and issue notices of intent to the FRA and BNSF. Mr. Nafstad answered questions from Council. There was Council discussion regarding the draft Quiet Zone Study, the possible alternatives and the annual requirements to maintain a quite zone status. H. Legal—None Agenda Page 7 City Council Meeting Draft Minutes Page 4 Regular Meeting of April 19,2021 L Administration 1. Approve Participation in Wright County Economic Development Authority (EDA) City Administrator Nafstad presented the information provided by the County and answered questions from Council. City Attorney Couri answered questions from Council regarding the Wright County EDA. There was Council discussion regarding how the EDA would be governed, the purpose of the EDA and the possible benefits to the City. City Administrator Nafstad noted the item was not time sensitive and suggested to table the item to allow City staff to request further information and bring the item back to a future City Council meeting. Resolution tabled. 2. Review of I-94 Creamery Pond Site City Administrator Nafstad provided an update on Creamery Pond site which included background information, the purpose of the ponds and possible alternate plans. He explained the how the State previously required the City to build ponds to accommodate the 6-lane expansion, as part of the 2012 WB C-D Road project, and the City's continued request to work with the State on an alternative plan that would allow preservation of all or part of the 4-acre Creamer Pond site. Mr.Nafstad added he and the Mayor met with the MnDOT Commissioner and one of her Assistant Commissioners regarding the City's requests to preserve the site and the history of the request. Mayor Hendrickson informed the Council the MnDOT Commissioner would have the site reviewed this week and would let her know what options may still exist. The Councilmembers expressed their frustration with MnDOT's inability to address the City's requests and concerns regarding the Creamery Pond site, especially given all City approvals requested by MnDOT were approved conditioned on working to preserve the site as developable land. 3. Planning Commissioner Selection Process Discussion City Administrator Nafstad said that the City had received four very good letters of interest for the open Planning Commissioner seat and asked if Council would like to score the applicants for a future appointment or deliberate at this meeting. The Council consensus was to score the applicants and then deliberate at the next Council meeting. City Administrator Nafstad said he would add the appointment to the May 3 City Council meeting. Announcements and/or Upcoming Meetings April 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm May 3 City Council, 7 pm May 10 STMA Arena Board, 6 pm May 11 Planning Commission, 7 pm May 14 City Council, 7 pm Agenda Page 8 City Council Meeting Draft Minutes Page 5 Regular Meeting of April 19,2021 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hudson to adjourn the meeting at 9:05 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk Agenda Page 9 �lbcrtviljc Mayor and Council Request for Action I f May 3, 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, May 3, 2021,payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena ExpensesNendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 10 �lbcrtviljc Mayor and Council Request for Action I f May 3, 2021 SUBJECT: CONSENT—CITY CLERK—ON-SALE TEMPORARY LIQUOR LICENSE APPLICATIONS FOR ALBERTVILLE FRIENDLY CITY DAYS FESTIVAL RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve an Intoxicating Temporary On-Sale Liquor License for the Albertville Lions, Knights of Columbus #4174, Albertville Fire Relief Association and the Foxtails Snowmobile Club for June 10 through June 13, 2021 for the 2021 Friendly City Days Festival for a flat fee of$100 for the event. BACKGROUND: Albertville Lions and Foxtailers Snowmobile Club have submitted applications for an Intoxication Temporary On-Sale Liquor License for the annual Albertville Friendly City Days (AFCD) festival. KEY ISSUES: • The Lions, Knight of Columbus, Fire Relief Association and Foxtailers have submitted the applications for their temporary liquor licenses. • Each organization will submit the appropriate liquor liability coverage prior to the event. • There are four organizations requesting to serve liquor from June 10 to June 13 during the Albertville Friendly City Days festival.Normally the fee would be $100 per organization but the Lions requested that one fee of$100 fee be submitted for the event. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicants for temporary liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person/Department: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: • Temporary Liquor License applications are on file in the City Clerk's Office and are available upon request. Agenda Page 11 �lbcrtvillc Small Town Wag.iNg ON Lft. Mayor and Council Request for Action May 3, 2021 SUBJECT: PLANNING-FEHN COMPANIES INDUSTRIAL DEVELOPMENT APPLICATIONS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2021-023 and Ordinance No. 2021-07 addressing the following development applications for Hunter Land Company/Fehn Companies to allow for the construction of a corporate headquarters for Fehn Companies in the City of Albertville. • Zoning Map amendment to change the zoning from I-2 General Industrial to PUD/I-2 Planned Unit Development/General Industrial District. • Revised Final Plat for Fehn Industrial Park BACKGROUND: On February 1, 2021, the Albertville City Council approved the following development applications for the Hunter Land Company on behalf of Fehn Companies to allow for the construction of a new corporate headquarters for Fehn Companies at the northwest quadrant of the Barthel Industrial Drive and 50th Street. 1. Zoning Map Amendment: Changing the zoning from A-1 Agricultural/Rural District to I-General Industrial District. 2. Preliminary and Final Plat. 3. Site and Building Plan Review. 4. Conditional Use Permits for outdoor storage as an accessory use to the industrial use. 5. Variance from the parking lot surfacing requirements for portions of the site. The City is in the process of establishing a Tax Increment(TIF) District over the new development site to utilize TIF funds to assist in site improvements and improvements within the larger industrial park. Through the process of evaluating the TIF options, it was discovered that having the office and the maintenance/storage building on the same lot which overlays the existing home along 50th Street will generate the greatest return in TIF funds. This discovery, however, is not consistent with the February plat and zoning approvals. The current applications include the following 1. A rezoning from I-2 to PUD/I-2. This change in zoning is needed to allow two principal buildings on one lot and to tie the outdoor storage area on Lot 2 Block 1 as an accessory use to Fehn Companies to avoid having the stockpiles and outdoor storage CUP lot being sold to different company for continued use without a principal building. 2. A revised Final plat. Agenda Page 12 Mayor and Council Request for Action—May 3, 2021 Fehn Companies Development Applications Page 2 of 3 City Staff has reviewed the aforementioned application and submission materials and prepared the April 8, 2021 planning report. The Albertville Planning Commission held a public hearing to consider the development application and staff reports on April 13, 2021. Upon conclusion of the public hearing, the Planning Commission recommended approval of each of the Development applications with the conditions outlined in the April 8, 2021 planning report. KEY ISSUES: • The proposed zoning map amendment to change the site's zoning from I-2 district to PUD/I-2 District is necessary to allow two principal buildings on one lot per Albertville Zoning Code. • The change in zoning will maintain the I-2 General Industrial District to define the range of uses allowed within the final plat both now and in the future. • The new final plat separates the proposed outdoor storage area (stock piles) from the Fehn buildings on Lot 1, Block 1 Fehn Industrial park. The PUD Zoning allows the City to tie the conditional use—outdoor storage to the Fehn Business and have the CUP lapse if the lot 2, Block 1 Fehn Industrial Park addition is sold or changes in use. • The change in zoning does not allow any changes in site or building design or operations for the site as approved in the February 2021 Council Resolution No. 2021-009. • The proposed industrial uses are similar to the industrial land uses located north of the site. • The final plat enlarges Lot 1, Block 1 Fehn Industrial Park. With the revised lot layout both lots still meet the minimum lot area of the I-2 Zoning District. • With the submission and approval of a final plat, the applicant shall enter into a development agreement with the City. POLICY/PRACTICES CONSIDERATIONS: Any changes in zoning are policy decisions for the City Council. The Albertville Planning Commission held a public hearing and agreed with the Zoning Map Amendment Findings outlined in the April 8, 2021 Planning Report and recommended that the City Council approve the changes in zoning to PUD/I-2 Planned Unit Development/General Industrial District. With regard to the revised final plat, the Planning Commission recommended approval with the conditions outlined in the April 8, 2021 Planning Report. These conditions are outlined in the attached resolution. FINANCIAL CONSIDERATIONS: The Applicant is also requesting City financial assistance in the form of Tax Increment Financing. This is being investigated and will be presented in greater detail as separate Council agenda item. LEGAL CONSIDERATIONS: The change in 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 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 Agenda Page 13 Mayor and Council Request for Action—May 3, 2021 Fehn Companies Development Applications Page 3 of 3 Attachments: • April 8, 2021, Planning Report. • Resolution No. 2021-009 February Council Resolution and exhibit. • Resolution No. 2021-023 Resolution approving the revised final plat. • Ordinance No. 2021-07 Zoning map amendment. Agenda Page 14 NORTHWEST ASSOCIATED CONSULTANTS , INC, 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM: TO: Adam Nafstad FROM: Alan Brixius DATE: April 8, 2021 RE: Fehn Properties — PUD Zoning and Final plat. BACKGROUND On February 1, 2021 the Albertville City Council approved the following development applications for the Hunter Land Company on behalf of Fehn Companies to allow for the construction of a new corporate headquarters for Fehn Companies at the northwest quadrant of the Barthel Industrial Drive and 50t" Street. 1 . Zoning Map Amendment: Changing the zoning from A-1 Agricultural / Rural District to 1-2 General Industrial District. 2. Preliminary and Final Plat. 3. Site and Building Plan Review 4. Conditional Use Permits for outdoor storage as an accessory use to the industrial use. 5. Variance from the parking lot surfacing requirements for portions of the site. The city is in the process of establishing a Tax Increment (TIF) District over the new development site; to utilize TIF funds to assist in site improvements and improvements within the larger industrial park. Through the process of evaluating the TIF options it was discovered that having the office and the maintenance / storage building on the same lot which overlays the existing home along 50t" Street will generate the greatest return in TIF. This discovery, however, is not consistent with the February plat and zoning approvals. The current applications include the following 1 . A rezoning from 1-2 to PUD / 1-2. This change in zoning is needed to allow two principal buildings on one lot and to tie the outdoor storage area to Fehn Companies to avoid having the stockpiles and outdoor storage CUP lot being sold to different company for continued use without a principal building. 2. Revised Final plat Agenda Page 15 EXHIBITS Exhibit A Resolution 2021.009 Exhibit B Revised Fehn Industrial Park Final Plat. ANALYSIS The new applications are only to facilitate the changes need for the TIF program. The new plat will not change the approved conditions associated with the February site plan, grading plan, utility plan, landscape plan or the conditional use permit for outdoor storage, PUD ZONING: The Albertville Zoning Code only allows two principal buildings on one lot using a planned unit development. With the change to the final plat; the office building and maintenance / storage building will occupy the same lot. This requires the PUD zoning district. In review of the PUD zoning district we recommend approval with the following conditions. 1 . Within this PUD district the allowed uses shall same as the I-2 General Industrial District. The uses and performance standards of the I-2 district shall guide any future subdivision or reuse of the Lots 1 and 2, Block 1 Fehn Industrial Park Addition. 2. Within the PUD district the City approves two principal buildings on Lot 1 Block 1 of Fehn Industrial Park Addition. 3. All site development, operations and uses on Lots 1 and 2 Block 1 Fehn Industrial Park Addition shall be consistent with the plans and conditions of approval outlined in Council resolution 2021-009 4. The outdoor storage CUP on Lot 2, Block 1 Fehn Industrial Park Addition shall be accessory to the uses on Lot 1, Block 1 and shall be designed and operated consistent with the plans and conditions identified in Council Resolution 2021- 009. Within the PUD zoning district conditional use permit for outdoor storage on Lot 2 Block 1 , Fehn Industrial Park shall expire if this lot is sold or subdivided. 5. The terms of the PUD district shall be outlined in a PUD agreement and recorded with the property. FINAL PLAT: The new final plat expands the boundaries of Lot 1, Block 1 Fehn Industrial Park Addition to include the office and maintenance /storage building within one lot to take advantage of the expanded TIF. The lot line adjustment only impacts the size and configuration of lots 1 and 2. The revised configuration both lots both still exceed the lot area and width requirements of the I-2 General industrial District. The application of the PUD district provides the zoning mechanism to accommodate the new plat layout and address the original site design and uses. Agenda Page 16 CONCLUSION The requested change in zoning and final plat does not change the proposed use or site design for the Fehn site that was reviewed by the Planning Commission and approved by City Council on February 1 , 2021. In our review of the new application for change of zoning and final plat we recommend approval of the both applications with the following conditions. PUD Zoning The PUD zoning district approval shall include the following provisions that will be documented in PUD agreement and recorded with the property. 1 . Within this PUD district the allowed uses shall be the same as allowed in the I-2 General Industrial District. The uses and performance standards of the I-2 district shall guide any future subdivision or reuse of the Lots 1 and 2, Block 1 Fehn Industrial Park Addition. 2. Within the PUD district the City approves two principal buildings on Lot 1 Block 1 of Fehn Industrial Park Addition. 3. All site development, operations and uses on Lots 1 and 2 Block 1 Fehn Industrial Park Addition shall be consistent with the plans and conditions of approval outlined in Council resolution 2021-009 4. The outdoor storage CUP on Lot 2, Block 1 Fehn Industrial Park Addition shall be accessory to the uses on Lot 1, Block 2 and shall be designed and operated consistent with the plans and conditions identified in Council Resolution 2021- 009. Within the PUD zoning district conditional use permit for outdoor storage on Lot 2 Block 1, Fehn Industrial Park shall expire if this lot is sold, subdivided or if there is a change of use in Lot 1, Block 1 Fehn Industrial Park. 5. The terms of the PUD district shall be outlined in a PUD agreement and recorded with the property. Final Plat: The revised Final Plat for Fehn Industrial Park is approved with the following conditions. 1 . All conditions of plat approval outlined in the City Council Resolution 2021-009 shall be addressed and approved by the City Engineer. 2. The applicant shall enter into a development / PUD agreement with the City. Said agreement shall be recorded with the final plat. Cc. Maeghan Becker Mike Couri Scott Dahlke Gary Fehn Agenda Page 17 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-009 A RESOLUTION APPROVING A REQUEST FOR A ZONING MAP AMENDMENT TO CHANGE ZONING FROM A-1 DISTRICT TO I-2 DISTRICT, A PRELIMINARY /FINAL PLAT, BUILDING AND SITE PLAN AND CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE FOR THE CONSTRUCTION INDUSTRIAL BUILDINGS FOR FEHN COMPANIES ON LOT 1,BLOCK 1 FEHN INDUSTRIAL PARK ADDITION WITHIN THE CITY OF ALBERTVILLE WHEREAS, Hunter Land Company have filed an application and submitted plans on behalf of Fehn Companies for the development of a 14.47 lot as their industrial headquarters. Said site is located at the Northeast quadrant of Barthel Industrial Drive and 501" Street intersection. To facilitate the development proposal the following development applications have been requested, 1. Zoning Map Amendment; Changing the zoning from A-1 Agricuttural/Rural District to 1-2 General Industrial District. 2. Preliminary and Final Plat. 3. Site and Building Plan Review 4. Conditional Use Permits for outdoor storage as an accessory use to the industrial use. 5. Variance from the parking lot surfacing requirements for portions of the site. WHEREAS, City Staff has reviewed submitted plans and prepared a planning report dated January 7, 2021; and WHEREAS,the Albertville Planning Commission met and held a public hearing on January t2, 2021,to consider the application for zoning map amendment, preliminary and final plat, site and building plan, conditional use permit for outdoor storage and variance from parking lot paving requirements: and WHEREAS,upon considering the application materials, January 7, 2021 the planning report and public testimony the Planning Commission closed the public hearing and recommended that the City Council approve the requested zoning map amendment, preliminary/ final plat, site and building plans, conditional use permit of outdoor storage and the variance from parking lot paving requirements based on the findings and conditions of the January 7, 2021 planning report including a condition to monitor and mitigate vibration issues that may arise from on-site crushing operations; and WHEREAS,the Albertville City Council met on February 1, 2021 to consider the Hunter Land Company/Fehn Companies development applications; and EXHIBIT A Agenda Page 18 ' City of Albertville,MN Resolution No. 2021-009 Meeting of February 1,2021 Page 2 WHEREAS, the Albertville City Council has received the application materials including the plat, site plans and construction plan set, the City Staff reviewed documents and 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 Hunter Land Company/Fehn Companies' request for a zoning map amendment to change the zoning from A-1 district to an I-2 district, preliminary and final plat dated December 23, 2020, site and building plans and conditional use permit for outdoor storage and a variance from the City's parking lot paving requirements for specific portion of the lot based on the plan set dated December 23,2020 for the property legally described as Lot 1, Block 1 Fehn Industrial Park Addition based on the following findings and conditions. Zoning Amendment Findings: 1. The proposed zoning map amendment to change the site's zoning from A-1 district to I-2 District is consistent with the Albertville Proposed Land use map and the goals and policies of the Albertville 2030 Vision Study. 2. The proposed industrial uses are similar to the industrial land uses located north of the site. 3. The subject site offers convenient access to major roadways which can accommodate industrial users and related truck traffic. 4. As a requirement of site plan review, compatibility issues will be addressed through screening, land use transitions, building location and site design. 5. Traffic generated by future industrial uses will be within the capability of existing and future streets which serve the area. 6. The proposed land uses will not overburden City utilities and sewer. 7. The proposed land use will contribute to the City tax base and will generate significant fees for the City utility and park funds. Zoning Amendment Recommendations: 1. The City adopts Ordinance No. 2021-03 establishing the I-2 General Industrial District over the entire Fehn Industrial Park Addition. 2. The zoning Map change will not occur until approval of the Final Plat and the recording of the Final Plat and development agreement. Preliminary Plat/Final Plat: The Fehn Industrial Park Addition Preliminary Plat and Final Plat dated December 23, 2020 is approved with the following conditions being addressed with the submission of the final plat. Agenda Page 19 City of Albertville,MN Resolution No,2021-009 Meeting of February 1,2021 Page 3 1. Within Lot 1 Block 1, Wetlands and their buffer areas located along the north end of lot 1 Block of Fehn Industrial Park Addition shall be platted as outlot and dedicated to the City. 2. Wetlands, wetland buffers and storm water ponds located in any of the outlots or on lot 1, shall be covered with a drainage and utility easements and dedicated to the city. The size, configuration and location of all easements shall be approved by the City Engineer. 3. The plat shall be revised to provide a 40 foot street right-of-way dedication for Marlowe Avenue. 4. The Plat is subject to the review and approval of Wright County. 5. The grading plan shall be revised to preserve the existing mature trees along the east side of Barthel Industrial Drive. 6. All grading, drainage and utility plans shall be approved by the City Engineer. 7. As a condition of final plat approval, park dedication requirements of the City shall be satisfied. 8. The applicant shall provide a wetland mitigation plan that identifies the replacement of any impacted wetlands. 9. The landscape plan must illustrate the proposed ground cover within the wetland buffer areas. 10. The Drainage ditch shall be cleaned and reconstructed per Ditch plan and profile dated 12/23/2020 with the City Engineer comments. 11. 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 Fehn Industrial Park Addition; based on the Civil Engineering plans, Site plan, and landscape plan dated 12/23/2020, and the Building floor plans, Building elevations dated 12/07/2020 and 21/21/2020. Said approval is subject to the following conditions being addressed with the submission of revised plans. 1. The parking along Barthel Industrial Drive and the east unpaved parking area shall be designated proof of parking. The City shall reserve the right to require to construction of the proof of parking stalls should the need arise said condition will be included in the development agreement. 2. Details related to trash handling activities shall be addressed by the applicant. Agenda Page 20 City of Albertville,MN Resolution No.2021-009 Meeting of February 1,2021 Page 4 3. Applicant shall identify any ground mounted or roof mounted mechanical equipment proposed for the buildings. All mechanical equipment shall be screening from view from the surrounding streets. 4. The landscape plan shall be revised to note the following conditions: a. Some understory shrubs shall be required along the proof of parking area along Barthel Industrial Drive when this parking is constructed to prevent headlight glare on to the street. b. The grading plan shall be revised to preserve the existing mature trees along the east side of Barthel Industrial Drive. c. The evergreen trees along Barthel Industrial Drive shall be planted in a staggered pattern to preserve the initial screen, while provide space between trees for healthy growth. d. At strategic locations the introduction of low canopy deciduous trees shall be provided to give the landscape screen addition height and effectiveness for the summer months. 5. 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, I C. A photometric plan which overlays the entire site. D. Building mounted lights. 6. A sign plan shall be submitted which specifies sign locations (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. 7. 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. 8. 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 (northeast area of the site per the site plan dated 12/23/2020 subject to the following conditions: 1. No stock piles shall be located within 400 feet of the west property line or Barthel Industrial Drive right-of-way. 2. Stock piles shall not exceed 30 feet in height. Agenda Page 21 City of Albertville,MN Resolution No.2021-009 Meeting of February 1,2021 Page 5 3. The applicant shall dust control plan for the stock piles to be approved by the city and implemented to prevent nuisance issues. 4. The landscape plan shall be revised to address the following: a. The grading plan shall be revised to preserve the existing mature trees along the east side of Barthel Industrial Drive. b. The evergreen trees along Barthel Industrial Drive shall be planted in a staggered pattern to preserve the initial screen, while provide space between trees for healthy growth. c. At strategic locations the introduction of low canopy deciduous trees shall be provided to give the landscape screen addition height and effectiveness for the summer months. 5. On-site crushing of shall be limited to twice a year (winter/ summer)Applicant shall outline dates and duration of the crushing activities to be approve by the City. Crushing shall be limited to the hours of 7:00 AM to 7:00 PM. Crushing on the weekend shall be prohibited. Crushing equipment shall be located east and south of the stock piles to help mitigate noise and vibration for properties to the west and north. Applicant shall implement directives of the City Engineer to mitigate nuisance issues of noise or dust. 6. If vibration issues occur for the property to the north as a result of on-site crushing Fehn Companies agrees to work with the City to outline methods to mitigate the vibration impacts on the adjoining property including but not limited to smaller crushing equipment, increased setback, and/or other efforts etc. 7. A lighting and photometric plan shall be submitted for the outdoor storage area and approved by the city. 8. The City Engineer shall review and approve the site utilities, grading, drainage, storm water management and stock pile erosion controls. Variance from parking lot surfacing requirements. 1. All the required parking shall be paved and meet the city parking design standards with the expansion of the shop/storage building per the approved enlarged site plan dated 12/23/2020. 2. The east unpaved parking area shall be labelled proof of parking and allow the City to require this parking area be brought into full compliance with the City parking design standards if the shop expansion does not occur, additional parking is needed or if the unpaved condition of the lot deteriorates or presents erosion problems for the ditch. 3. The applicant shall submit a dust control plan that includes the stock piles and all aggregate surfaced parking, staging, storage and travel areas on the site per the approve site plan. Said dust control plan shall be reviewed and approved by the City Engineer. Agenda Page 22 City of Albertville,MN Resolution No.2021-009 Meeting of February 1,2021 Page 6 Adopted by the City Council of the City of Albertville this V day of February,2021. Jil 'an endrickson, Mayor ATTEST: l Kristine A. Luedke, City Clerk Agenda Page 23 bi A T 1XI I ) I c�-O' C) N u.o yl xx v bzl s v xouaa.n uh J9U.ms C C F- —� ' A A-Al-NA A 3— — .— — — —m Ja A �: 3,4:3/,10'i`J:;'! —mY<II-- 0o'iBe— A — _. — 3N lgnmV amo7m INN II/ =}'---- r � I C� �\ I +tea c� � �b _ Iar_I •_ d k W roggb 8 g \F,^�y� p 44 xn/� /(� ✓\ t nl� b I I (�1 I I 9�w ��✓ 5 �M1 +� � %� I I LJ 'Vs I 1 � �\ I � e �� \'@y J•Rmwx j � enA:O°s�__.1arL�'� —w � � \ Hyy, I 4raa,av,rr,m s) t eI. .. \ � �S% I bl�Yi�Lorl� brey d5i Jo,/11ii/u�nreil'p� / w 1SafHitgx 3ltAnti w CC LJ LLI J as :< a A$ Wlit x i I a ai �e�avn 41 EXHIBIT B CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-023 A RESOLUTION APPROVING A REQUEST FOR A ZONING MAP AMENDMENT TO CHANGE ZONING FROM I-2 DISTRICT TO PUD/I-2 DISTRICT AND FINAL PLAT FOR THE FEHN INDUSTRIAL PARK ADDITION WITHIN THE CITY OF ALBERTVILLE WHEREAS, On February 1, 2021,the Albertville City Council approved the following development applications for the Hunter Land Company on behalf of Fehn Companies to allow for the construction of a new corporate headquarters for Fehn Companies at the northwest quadrant of the Barthel Industrial Drive and 501h Street. 1. Zoning Map Amendment: Changing the zoning from A-1 Agricultural/Rural District to I-2 General Industrial District. 2. Preliminary and Final Plat. 3. Site and Building Plan Review. 4. Conditional Use Permits for outdoor storage as an accessory use to the industrial use. 5. Variance from the parking lot surfacing requirements for portions of the site. WHEREAS, the City is in the process of establishing a Tax Increment(TIF) District over the new development site and discovered that having the office and the maintenance/storage building on the same lot which overlays the existing home along 50th Street would generate the greatest return in TIF funds. However,this discovery,was not consistent with the February final plat and zoning approvals; and WHEREAS,Hunters Land Company on behalf of Fehn Companies has applied for development applications for a revised final plan and a zoning map amendment changing the zoning within the new Fehn Industrial Park revised final plat from I-2 General Industrial District to PUD/I-2 Planned Unit Development/General Industrial District to accommodate the revised final plat; and WHEREAS, City Staff has reviewed the submitted plans and prepared a Planning Report dated April 8, 2021; and WHEREAS,the Albertville Planning Commission met and held a public hearing on April 13, 2021,to consider the application for the zoning map amendment and the revised final plat; and WHEREAS,upon considering the application materials, the April 8, 2021, Planning Report and public testimony,the Planning Commission closed the public hearing and recommended that the City Council approve the requested zoning map amendment and revised final plat, based on the findings and conditions of the April 8, 2021,Planning Report; and Agenda Page 25 City of Albertville,MN Resolution No.2021-023 Meeting of May 3,2021 Page 2 WHEREAS,the Albertville City Council met on April 19, 2021, to consider the Hunter Land Company/Fehn Companies development applications; and WHEREAS,the Albertville City Council has received the application materials including the zoning map amendment, the revised plat,the 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 Hunter Land Company/Fehn Companies' request for a zoning map amendment to change the zoning from I-2 District to PUD/I-2 District and the revised final plat entitled Fehn Industrial Park based on the following findings and conditions. Zoning Amendment Recommendations: 1. The City adopts Ordinance No. 2021-07 establishing the PUD/I-2 Planned Unit Development/General Industrial District over the entire Fehn Industrial Park Addition. 2. The zoning map change will not occur until approval of the Final Plat and the recording of the Final Plat and development agreement. 3. The PUD/I-2 District shall include the following conditions: • Within this PUD District,the allowed uses shall be the same as the I-2 General Industrial District. The uses and performance standards of the I-2 District shall guide any future subdivision or reuse of the Lots 1 and 2, Block 1 Fehn Industrial Park Addition. • Within the PUD District,the City approves two principal buildings on Lot 1, Block 1 of the Fehn Industrial Park Addition. • All site development, operations and uses on Lots I and 2, Block 1 Fehn Industrial Park Addition shall be consistent with the plans and conditions of the approval outlined in Council Resolution No. 2021-009. • The outdoor storage CUP on Lot 2, Block 1 Fehn Industrial Park Addition shall be accessory to the uses on Lot 1, Block 1 and shall be designed and operated consistent with the plans and conditions identified in Council Resolution No. 2021- 009. Within the PUD Zoning District, the Conditional Use Permit for outdoor storage on Lot 2 Block 1, Fehn Industrial Park shall expire if this lot is sold or subdivided. • The terms of the PUD District shall be outlined in a PUD agreement and recorded with the property. Agenda Page 26 City of Albertville,MN Resolution No.2021-023 Meeting of May 3,2021 Page 3 Final Plat: The Fehn Industrial Park Final Plat is approved with the following conditions being addressed with the submission of the final plat. 1. All conditions of plat approval outlined in the City Council Resolution No. 2021-009 shall be addressed and approved by the City Engineer. 2. The applicant shall enter into a development/PUD agreement with the City. Said agreement shall be recorded with the final plat. Adopted by the City Council of the City of Albertville on this Yd day of May, 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 27 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021-07 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE,RELATING TO THE HUNTER LAND COMPANY/FEHN DEVELOPMENT LOCATED AT THE NORTHEAST QUADRANT OF BARTHEL INDUSTRIAL DRIVE AND 50TH 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 legally described as follows from I-2 General Industrial District to PUD/I-2 Planned Unit Development/General Industrial District: Legal Description: PIDs: 101-800-063-301 101-800-063-302 101-800-063-306 Section 2. The PUD/I-2 Zoning District shall include the following performance standards within the Fehn Industrial Park plat. I. Within this PUD district the allowed uses shall be the same as allowed in the I-2 General Industrial District. The uses and performance standards of the I-2 district shall guide any future subdivision or reuse of the Lots 1 and 2, Block 1 Fehn Industrial Park Addition. 2. Within the PUD district the City approves two principal buildings on Lot 1 Block 1 of Fehn Industrial Park Addition. 3. All site development, operations and uses on Lots 1 and 2 Block 1 Fehn Industrial Park Addition shall be consistent with the plans and conditions of approval outlined in Council resolution 2021-009 4. The outdoor storage CUP on Lot 2, Block 1 Fehn Industrial Park Addition shall be accessory to the uses on Lot 1, Block 2 and shall be designed and operated consistent with the plans and conditions identified in Council Resolution 2021-009. Within the PUD zoning district conditional use permit for outdoor storage on Lot 2 Block 1, Fehn Industrial Park shall expire if this lot is sold, subdivided or if there is a change of use in Lot 1, Block 1 Fehn Industrial Park. 5. The terms of the PUD district shall be outlined in a PUD agreement and recorded with the property. Agenda Page 28 City of Albertville Ordinance No. 2021-07 Meeting of May 3,2021 Page 2 Section 3. This amendment shall be in full force and effective immediately following its passage, publication and the recording of the Final Plat. Adopted by the City Council of the City of Albertville on this 3rd day of May,2021. Jillian Hendrickson,Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 29 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT FEHN INDUSTRIAL PARK THIS AGREEMENT, entered into this day of 2021 by and between Hunter Land Company, LLC, a Minnesota Limited Liability Company, referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS,Developer is the fee owner of the real property described in the attached Exhibit A, which real property has been subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Fehn Industrial Park" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property,"the final plat of which is attached as Exhibit B; and WHEREAS, Developer has received final plat approval for two numbered lots and three outlots within Said Plat; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning Said Plat and the conditions imposed thereon; and WHEREAS, the Subject Property is zoned I-1 Light Industrial and Developer proposes to rezone the property to PUD to develop the site for industrial uses with multiple buildings on one lot; and WHEREAS, the City has given final approval of Said Plat contingent upon compliance with certain City requirements as set forth herein; and 1 Agenda Page 30 WHEREAS,the City requires that certain Municipal Improvements (defined below) including, but not limited to ditch cleaning be performed to serve Said Plat, to be installed and financed by Developer; and WHEREAS,the City further requires that certain other improvements be installed by the Developer within Said Plat, which improvements consist of grading, boulevards, top soil and sod, grading control per lot,bituminous or concrete driveways and parking lots, drainage swales, berming, storm sewer, street cleanup during project development, erosion control, ponding and other site-related items; and NOW, THEREFORE,IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Planned Unit Development Zoning and Plat Approval. Said Plat has been approved pursuant to City Resolution No. , and the Subject Property has been rezoned to Planned Unit Development ("PUD") pursuant to City Resolution No. subject to the following conditions: A. Developer agrees that all buildings on said Lot 1 shall be constructed in the locations shown on the Site Plan attached Exhibit C unless otherwise approved by motion of the City Council. B. Developer shall construct the number of parking stalls in the locations and dimensions shown in the parking lots to the west and south of the proposed office building located on said Lot 1 as shown on the attached Exhibit C. In the event the City reasonably determines that more parking is required for the proper operation of the use located on Lot 1, the City may require, and developer shall construct, additional parking in an amount required by the City in the location shown to the east of the proposed shop/storage building located on said Lot 1 and the ten parking stalls shown to the west of the parking lot located west of the Office Building as shown on the attached Exhibit C. C. Use of lots on Said Plat. The uses on all lots of Said Plat shall comply with the City's I-2 General Industrial District zoning code,including performance standards for the I-2 District, and applicable state law at all times, except for the following, which shall be permitted notwithstanding the provisions of the I-2 District: i. Developer may construct two principal buildings on Lot 1, Block 1 of Said Plat, provided such buildings are constructed in accordance with the Site Plan attached as Exhibit C and the Building Plans attached as Exhibit J to this Agreement. Setbacks for such buildings shall be as shown on the Site Plan attached as Exhibit C. 2 Agenda Page 31 D. Developer shall develop Said Plat consistent with the Site Plan attached as Exhibit C. The Developer shall comply with all site plan approvals set by the City Council except where specifically set out in this agreement. E. All grading, drainage, utility and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. F. Trees, shrubs,berms and screening are to be planted and installed by Developer at Developer's expense as shown on the Landscape Plan attached as Exhibit D. Developer shall install landscaping shown on the Landscape Plan by October 31, 2021. The Developer shall guarantee that all new trees shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. G. Developer shall maintain the storm sewer system and ponds located on Said Plat Developer shall not modify nor obstruct said storm sewer system or ponds without the express written consent of the City. H. No building permits shall be issued for any building on Outlot A of Said Plat until such outlot is replatted as a numbered lot and block compliant with the Albertville Subdivision and Zoning Codes. I. The ditch located on said Lot 1 and on Outlot A of Said Plat shall be cleaned and graded by Developer at Developer's expense in accordance with the Ditch Cleaning Plan attached as Exhibit E, said cleaning to be completed by October 31, 2021. J. Developer shall install outdoor lighting in accordance with the Lighting Plan attached as Exhibit F. K. Outdoor storage of aggregate, sand, and soils (but not soils contaminated with hazardous substances, including recycled bituminous) shall be permitted on Lot 2 of Said Plat, provided the following restrictions are complied with: i. Lot 2, Block 1 of Said Plat shall not be further subdivided while it is being used for outdoor storage and crushing. If such Lot 2 is further subdivided, the outdoor storage and crushing operations shall no longer be permitted. ii. The use of said Lot 1 must be used for office/construction equipment storage and maintenance. ill. No stock piles shall be located within 400 feet of 1) the west property line, or 2) the Barthel Industrial Drive right-of-way. 3 Agenda Page 32 iv. Stock piles shall not exceed 30 feet in height. V. The applicant shall implement a dust control plan for the stock piles which plan must be approved in writing by the City Engineer to prevent the creation of nuisance conditions. vi. On-site crushing of gravel, soil or concrete materials shall be limited to two one-week periods per year within the following dates October 15th to November 15th and May 15th to June 15th. Applicant's Crushing shall be limited to the hours of 7:00 AM to 7:00 PM, Monday through Friday. Crushing on the weekend shall be prohibited. Crushing equipment shall be located east and south of the stock piles to help mitigate noise and vibration for properties to the west and north. Applicant shall implement reasonable directives of the City Engineer to mitigate nuisance issues of noise, vibration and dust. vii. If vibration from Developer's crushing operations materially interferes with the manufacturing processes of the property adjacent to and to the north of the Subject Property, Developer agrees to work with the City to implement methods to mitigate the vibration impacts on the adjoining property including but not limited to smaller crushing equipment and increased setback from the north property line for crushing operations. viii. All lighting installed for the outdoor storage area shall be installed and maintained in accordance with the Lighting and Photometric Plan attached as Exhibit F . ix. The Developer shall implement reasonable grading, drainage, storm water management and stock pile erosion controls that may be required by the City Engineer pertaining to the outdoor storage area. 2. Conditional Use Permit Termination. Developer has been granted a Conditional Use Permit for outdoor storage of aggregate, sand, and soils by the City on , 2021. Developer consents to the termination of the CUP by the City, and Developer agrees to waive any claims against the City due to such termination and any hearing that Developer may be entitled to under Minn. Stat. 462.3595. 3. Construction of Municipal Improvements. A. The Developer shall clean the ditch,at Developer's expense,according to the Ditch Cleaning Plan attached as Exhibit E, shall install storm sewer in publicly dedicated utility easements as shown on the attached Exhibit G, and shall connect to municipal sewer and municipal water in Barthel Industrial Drive and 50th Street rights of way, respectively (collectively, the "Municipal Improvements"). Unless the City Engineer specifies a later date, all such Municipal Improvements shall be completed by October 31, 2021. 4 Agenda Page 33 B. The Developer shall provide the City with record drawings for all Municipal Improvements, consistent with City requirements and subject to review and approval of the City Engineer. Record drawings shall be certified by a registered land surveyor or engineer that the ditch has been re-constructed within public drainage easements. Such record drawings shall be provided in paper and/or electronic formats as required by the City Engineer, and shall meet all applicable State requirements for such drawings. C. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such Municipal Improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. D. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said Municipal Improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers,the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. E. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all reasonable costs incurred by the City during said inspections. 4. Construction of Private Improvements. A. Developer shall construct all on- and off-site improvements ("Private Improvements") including installation of storm sewer,boulevards, storm water and water treatment ponding, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscaping Plan. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. Erosion control, drainage swales and berming, shall be installed upon initial grading of Said Plat. The grading and erosion control of Said Plat shall be performed in accordance with the Grading and SWPPP Plan attached as Exhibit G. 5 Agenda Page 34 B. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached hereto and incorporated herein as Exhibit H. Developer agrees to have all utilities installed at its expense according to this Exhibit H. C. Notwithstanding the requirements of subparagraph 4.A above, the Developer shall install to the City's satisfaction said Private Improvements for said Lot 1 prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case a certificate of occupancy shall be issued if all Private Improvements except landscaping and sod have been installed. In such cases, the owner of the lot shall cause the required landscaping and sod to be installed by the first June 30'following the issuance of the occupancy permit. 5. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $ , representing the sum of 100% of the estimated cost of the Municipal Improvements ($ ), 50% of the cost of selected Private Improvements, ($ ), $1,500 per acre for erosion and sediment control over 14 acres($21,000.00)and 150% of the estimated cost for landscaping/screening materials ($ ). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank (the issuing bank must be an FDIC insured bank located within 100 miles of the City of Albertville), and must be available in its entirety to fulfill the obligations of the Developer under this Agreement. The letter of credit to the City shall contain language requiring its automatic renewal prior to December 31 of each calendar year, unless cancellation of the letter of credit is specifically approved in writing by the City. B. The City may draw on said letter of credit or surety to complete work not performed by Developer(including but not limited to Private Improvements, Municipal Improvements and Landscaping Improvements described above, erosion control, and other such measures, to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. Said letter of credit must be maintained by Developer at all times at the level provided in paragraph 5.A 6 Agenda Page 35 above or a lesser amount authorized by the City Council pursuant to paragraph 6.13 below. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty(30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. E. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may expire or become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may, without notice to Developer, declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. Developer shall maintain said letter of credit in the amount required by the City at all times. F. In the event the Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not dismissed within 60 days, or in the event a court appoints a receiver for the Developer,the City may draw on its letter of credit or surety in its full amount to secure its surety position. The City shall then release the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement. 7 Agenda Page 36 6. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, Private Improvements or Landscaping, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements, Private Improvements or Landscaping which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty(30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the required improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10%of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. ill. When all or a portion of the landscaping improvements have been installed pursuant to the Landscaping Plan attached as Exhibit D, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of such landscaping improvements installed, except the City shall retain the letter of credit or surety in the amount of 25% of the estimated Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. iv. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The City shall act upon Developer's letter of credit reduction requests within 35 days of submission of a written request for reduction. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty(30) days of billing. 8 Agenda Page 37 7. Abandonment of Proiect- Costs and Expenses. In the event Developer should abandon the proposed development of Said Plat, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground- cover to prevent continuing soil erosion from Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to in this paragraph. 8. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat,as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of properties in Said Plat without objection. 9. Development Related Fees and Credits. A. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay $2,055.00 per acre and $1,925.00 per acre,respectively, upon development of said Plat. There are acres in said Plat to which the Trunk Charges apply, which received final plat approval (said Lots 1 and 2). Therefore, the Sanitary Sewer and Water Trunk Line Fees for the numbered lots receiving final plat approval are $ ($ in sanitary sewer trunk line fees 9 Agenda Page 38 calculated as $2,055.00 x acres and $ in water fees calculated as $1,925.00 x acres). B. Storm Water Utility Connection Charge. Upon completion of the ditch cleaning required by paragraph I.I. of this Agreement, Developer shall be deemed to have satisfied the City's Storm Water Utility Connection charges that would normally be due on all lots located on the plat, including all outlots, regardless of whether any of these lots further subdivide in the future. The City shall provide the owner of said Outlot B with written confirmation of the fact that all future Storm Water Connection Charges have been satisfied. C. SAC and WAC Charges. Developer agrees that the City's Sewer Access Charge ("SAC") and Water Access Charge ("WAC") ordinances require the Developer to pay applicable SAC and WAC upon application for a building permit on said Lot 1. D.Administrative Fee. A fee for City administration of this project shall be paid prior to the City executing the Plat and this Agreement. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements within the Plat. The administrative fee for this Plat is $ 10.Erosion and Siltation Control. Developer shall implement all erosion control measures detailed in the Storm Water Pollution Prevention Plan ("SWPPP") and on the Grading and Drainage Plan attached as Exhibit G(including construction of all temporary and permanent ponds) in the order required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City Engineer, and shall abide by all erosion control requirements contained in the Albertville Subdivision ordinance and as required by the NPDES Construction Stormwater Permit for the project. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and/or the requirements of the NPDES Construction Stormwater Permit, the City may take such action as it deems appropriate to control erosion, and the landowner hereby grants the City permission to enter upon the land and take such necessary erosion control actions. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty(30) days, the City may draw down the letter of credit to pay any costs or may specially assess Developer's land for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the development is in full compliance with the erosion control requirements. 10 Agenda Page 39 11.Drainage Requirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Said Plat may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 12.Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub-base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property,the City may immediately undertake making or causing it to be cleaned up,repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to reasonable attorney's fees incurred by the City as a result of such legal action. 13.Temporary Easement Rights. Developer shall provide access to Said Plat at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 11 Agenda Page 40 14.Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements,the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property- F. The Developer represents to the City that Said Plat and its related submissions (including but not limited to the grading plan, utility plan, and site plan) complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on Said Plat, Developer shall provide the City with evidence of good and marketable title to all of Said Plat. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District 12 Agenda Page 41 and/or the City and any applicable provisions of State or Federal law or regulations. I_ Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota for the construction of the Municipal Improvements and the On- and Off-Site Improvements. 15.Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof(via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 15.A above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good-faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard,and the intended actions of the City to remedy said harm. C. Paragraph 15.A of this Agreement shall not apply to any acts or rights of the City under paragraph 5.E of this Agreement, and no notice need be given to the Developer as a condition precedent to the City drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 13 Agenda Page 42 16.Dedications to the City. A. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to Said Plat, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all street rights- of-way and drainage and utility easements to the City. Upon acceptance of dedication,Developer shall provide to the City"As-Builts"(both in paper form and electronic form as required by the City Engineer) of all publicly dedicated storm sewers, storm water ponds, ditch and other Municipal Improvements required under this Agreement. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedication. The Developer is required to pay a cash contribution of $ in satisfaction of the City's park and trail dedication requirements. This charge is calculated as follows: acres x $2,500 per acre = C. Deeding of Wetlands and Buffer Areas to the City. Outlot A contains wetlands and buffer areas and are non-developable lots. Developer shall deed such outlot to the City. D. Stormwater Retention and Treatment Ponds and Basins. i. Developer shall dedicate drainage and utility easements to the City over all stormwater retention and treatment ponds and basins. Developer shall be required to maintain all such ponds, in accordance with the terms of the Stormwater Management Agreement attached as Exhibit I. ii. Developer shall enter into that Storm Water Maintenance Agreement attached as Exhibit I and shall comply with the terms of such Agreement. E. Conveyance of Outlot C to the City. Outlot C contains a stormwater pond. Developer shall convey Outlot C to the City. 14 Agenda Page 43 17.Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 18.Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 19.Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 20.Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's fees and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 21.Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 22.Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s),whether oral or written. 15 Agenda Page 44 Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 23.Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Hunter Land Company, LLC 24.Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE By Its Mayor By Its Clerk HUNTER LAND COMPANY, LLC By: Its: 16 Agenda Page 45 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2021, by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 12021,by Kris Luedke, as Clerk of the City of Albertville,a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2021, by as of Hunter Land Company, LLC . Notary Public DRAFTED BY: Couri&Ruppe Law Office P.O. Box 369 St.Michael,MN 55376 (763)497-1930 17 Agenda Page 46 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lots 1 and 2 Outlots A, B and C. All such property in the plat of Fehn Industrial Park, as said plat is on file in the Wright County Recorder's Office, Wright County, Minnesota. 18 Agenda Page 47 EXHIBIT B Final Plat EXHIBIT C Site Plan EXHIBIT D Landscaping Plan EXHIBIT E Ditch Cleaning Plan EXHIBIT F Lighting Plan EXHIBIT G Grading Plan & SWPPP EXHIBIT H Utility Plan EXHIBIT I Storm Water Ponding Maintenance Agreement EXHIBIT J Building plans 19 Agenda Page 48 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-026 RESOLUTION APPOINTING PLANNING COMMISSIONER WHEREAS,in 2021, Planning Commissioner Bob Zagorski was appointed to a vacant seat on the City Council; and WHEREAS,Planning Commissioner Zagorski's term had 2 years remaining; and WHEREAS,the City Council advertised for the opening on the Planning Commission and received four letters of interest; and WHEREAS,the City Council held Planning Commission interviews on April 19, 2021. NOW,THEREFORE,BE IT RESOLVED,the City Council of the City of Albertville hereby makes the following appointment to the Planning Commission with a term of May 3, 2021 through December 31, 2022: Planning Commission: Adopted by the City Council of the City of Albertville this Yd day of May,2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 49 �lbcrtvillc Mayor and Council Request for Action May 3, 2021 SUBJECT: FINANCE—DRIVEWAY IMPROVEMENT ASSESSMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Driveway Replacement Contract for property owner Kenneth Schmidt located at 11415 54th Street NE, Albertville,MN 55301 -PID 101-016-002050. BACKGROUND: In July of 2018,the City Council approved the driveway replacement program. According to the policy, the City would pay the contractor and the cost of the improvement would be assessed to the property. The terms of the special assessment option offered to the homeowners was that the special assessment would be payable over five years with a 5%interest rate. The first installment would be payable with the 2022 taxes payable. The City will designate funds for the Driveway Replacement Program up to $30,000 per year for the projects with a maximum principal loan balance, for the fund, of$150,000 at any point in time. The initial funding would be taken from the Capital Reserves. KEY ISSUES: • The City has the statutory right to special assess improvements. • Per policy, the program will finance up to $8,000; however, the Property Owner is requesting $9,350 to be paid to Dynamic Concrete upon completion. • Shall include an upfront fee of$100 for costs paid by the property owner to the City. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of the Driveway Replacement. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Dynamic Concrete Quote,Non-Executed Driveway Agreement Agenda Page 50 CITY OF ALBERTVILLE WRIGHT COUNTY STATE OF MINNESOTA DRIVEWAY REPLACEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2021, by and between Kenneth Schmidt hereinafter called the "Landowner", and the City of Albertville, a municipal corporation, hereinafter called the "City". WITNESSETH WHEREAS, the City pursuant to its economic development authority has created a program for property owners within the City to apply to the City for financing to replace and/or improve the property owner's driveway at property owner's expense; and WHEREAS, the Landowner is the owner of certain real property located at 11415 54t' Street NE Albertville, MN 55301, PID No. 101-016-002050 hereinafter called the "Property"; and WHEREAS, Landowner has requested to participate in the City's driveway replacement program and has requested that any and all fees and costs incurred by the City in connection with the repaving of the Driveway be adopted by the City as a special assessment against the benefited Landowner's Property; and WHEREAS, the Landowner has determined the scope and extents of the driveway improvements they wish to make, and has obtained quotes and/or negotiated a price and contract terms with a contractor of their choosing for such improvements, and has found the driveway improvements feasible; and WHEREAS, a $100 charge shall be paid to City for the costs of processing the special assessment for the repaving of the Driveway); and WHEREAS,the proposed assessment to the Subject Property is estimated to be $ , ("Assessment"). NOW, THEREFORE, in consideration of the foregoing premises, and the following terms and conditions, the parties agree as follows: 1. Upon completion of the work, the City agrees to pay , the Landowner's contractor, the amount of$ , for the driveway improvements. 1 Agenda Page 51 2. Landowner agrees that the City may certify all costs incurred by the City in removing and replacing the driveway on to the real estate taxes of the Property. Landowner, it's successor or assigns, agrees not to contest or appeal such assessment/certification and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statutes Chapter 429, Minnesota Statutes § 366.012 or any other applicable statute to the extent of the costs incurred by the City under the terms of this Agreement which are estimated to be approximately$ Landowner retains the right to appeal any certification above $ pursuant to Minnesota law. The certification levied shall be payable in equal annual principal installments extending over a period of five years, and shall bear interest at a rate of 5 % per annum. 3. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 4. Landowner agrees to waive any and all claims whatsoever against the City and its governing Council, agents, employees, contractors, and representatives as a result of the work performed under this Agreement including, but not limited to, any claims for poor materials or workmanship and any claims for a taking under either the state or federal constitutions, Section 1983 of Title 42 of the U.S. Code, or any other laws. Further, the Landowner shall hold the City, its governing Council, agents, employees, contractors, and representatives harmless from any and all claims made by Landowner or third parties for damages sustained or costs incurred as a result of the work performed by the City under the terms of this Agreement. The Landowner shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. 5. In the event of poor materials or workmanship in performance of the work under this Agreement, the City shall not be responsible for any loss the owner may suffer, and the owner's remedy shall be against the contractor and not the City. The City shall pass through to the Landowner any warranty that the City obtains from the contractor who performed the work. 6. Third parties shall have no recourse against the City under this Agreement. 7. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. 2 Agenda Page 52 8. Should Landowner violate any of the terms of this Agreement, the Landowner shall pay all professional fees incurred by the City as a result of City's efforts to enforce the terms of this Agreement. Said fees include attorney's fees and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. IN WITNESS WHEREOF, the City and the Landowner have caused this Agreement to be duly executed on the day and year first above written. CITY OF ALBERTVILLE LANDOWNER By Jillian Hendrickson, Mayor By Kristine Luedke, City Clerk 3 Agenda Page 53 Dynamic Concrete LLC Estimate 19085 236th Ave NW DYNAMIC Big Lake, MN 55309 US dynamicconcrete2017@gmail.com C 0 N C R [ T ADDRESS Kenny Schmidt 11415 54th St NE Albertville, MN ESTIMATE# DATE 1315 04/07/2021 ACTIVITY OTY RATE AMOUNT Services 1 9,350.00 9,350.00 Remove and dispose of current asphalt driveway. Extend driveway out to 24' as discussed. Grade for 4 inches of concrete with class 5 fill and compact Install rebar 2 foot on center to strengthen concrete Add microfibers to concrete to strengthen concrete Pour 4500 psi exterior concrete mix and apply traditional broom finish Apply sealer to help concrete cure and protect finish Saw cut control joints to prevent concrete from cracking and protect finish NOTE 1 0.00 0.00 This estimate was for the driveway and sidewalk. If other issues arrive once concrete is removed such as foundation block issues and garage slope issues. You will be notified of price change TOTAL $%350.00 Accepted By Accepted Date Agenda Page 54 lb�rtvi��� Mayor and Council Request for Action Smell Town living.Big City lift. May 3, 2021 SUBJECT: PUBLIC WORKS—APPROVE PURCHASE OF KUBOTA UTILITY VEHICLE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: approve the purchase of a new Kubota RTV-X900L Utility Vehicle for $13,607.12. BACKGROUND: The WWTP and Utility Department would like to replace the 2003 Cub Cadet utility vehicle that is well used and worn out. The utility vehicle would be used for a variety of tasks within the parks and throughout the City. KEY ISSUES: • The Public Works department has grown and so has the City's needs. • The new utility vehicle will be used for a variety of tasks in the parks and throughout the City. • The purchase price is based on Sourcewell cooperative purchasing. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve equipment purchases. FINANCIAL CONSIDERATIONS: The utility vehicle will be funded through public works capital reserve funds designated for equipment. Responsible Person/Title: Tim Guimont, Public Works Supervisor Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Kubota equipment quote Agenda Page 55 Utl l ity7raLtors&M owe rs-062117 JdtC. 4IZIIZUZI 11.0t.01 HIVI CE and AG—W319 --Customer Information-- utlrilyVehlCl'eS 12222D MIDDENDORF,JOHN N1PA Arkansas 46GOM1718 CITY OF ALBERTVILLE NJPA ISelaware G5S-176i3 Nebraska 1g777(0Q LOCATES@CI.ALBERTVI LLE.M N.US Mississippi{CEWnly}$7Jf103fi654 763-497-0179 Quote Provided B Misslss.ippl 82i780.SS8d1 Y LANO EQUIPMENT, INC. Dave Underwood 23580 STATE HWY 55 LORETTO, MN 55357 email: DAVE_U@LANOEQUIP.COM phone:6122828327 --Standard Features-- --Custom Options-- RTV-X900WL-H Base Price: $15,749.00 Kubota (1)TURN SIG/HAZARD LGT KIT/X900,X1120D $305.00 K7591-99610-TURN SIG/HAZARD LGT KIT/X900,X1120D V Series RTV-X900WL-H Configured Price: $16,054.00 ***EQUIPMENT IN STANDARD MACHINE** Sourcewell Discount: ($3,531.88) DIESEL ENGINE KEY FEATURES SUBTOTAL: $12,522.12 Model Kubota D902 Digital Multi-meter Dealer Assembly: $85.00 3 Cyl.54.8 cu in Front Independent Adjustable Freight Cost: $600.00 +21.6 Gross Eng HP Suspension 60 Amp Alternator Rear Independent Adjustable PDI: $400.00 Suspension TRANSMISSION Brakes-Front/Rear Wet Disc VHT-X Rear Brake Lights/Front Total Unit Price: $13,607.12 Variable Hydro Transmission Headlights Forward Speeds: 2"Hitch Receiver,Front and Rear Quantity Ordered: 1 Low 0-15 mph Deluxe 60/40 split bench seats Final Sales Price: $13,607.12 High 0-25 mph with drivel's side seat adjustment Reverse 0-17 mph Underseat Storage Compartments Limited-slip Front Differential Lockable Glove Box Rear differential lock Front Guard(radiator guard and bumper) HYDRAULICS Hydrostatic Power Steering SAFETY EQUIPMENT with manual tilt-feature SAE J2194&OSHA 1928 ROPS Hydraulic Cargo Dump Dash-mounted Parking Brake Purchase Order Must Reflect Hydraulic Oil Cooler Horn Spark Arrestor Muffler the Final Sales Price FLUID CAPACITY Retractable 2-point Seat Belts Fuel Tank 7.9 gal Rear Protective Sreen Cooling 6.4 qts Engine Oil 3.3 qts DIMENSIONS Transmission Oil 1.8 gal Width 63.2 in To order,place your Purchase Order directly with the quoting Brake Fluid 0.4 qts Height 79.5 in dealer Length 120.3 in CARGO BOX Wheelbase 80.5 in Width 57.7in Tow Capacity 1300 Ibs Length 40.5 in Ground Clearance 10.4 in Depth 11.2 in Suspension Travel 8 in Load Capacity 1102 Ibs Turning Radius 13.1 ft Vol.Capacity 15.2 cu ft Factory Spray-on Bedliner +Manufacturer Estimate "L"Models Only Bright Alloy Wheels(Silver- painted) "S"Models Only TIRES AND WHEELS Heavy Duty Worksite 25 x 10-12,6 ply *All equipment specifications are as complete as possible as of the date on the quote.Additional attachments,options,or accessories may be added(or deleted)at the discounted price.All specifications and prices are subject to change.Taxes are not included.The PDI fees and freight for attachments and accessories quoted may have additional charges added by the delivering dealer.These charges will be billed separately.Prices for product quoted are good for 60 days from the date shown on the quote.All equipment as quoted is subject to availability. ©2018 Kubota Tractor Corporation.All rights reserved. Agenda Page 56 �lbcrtvillc Mayor and Council Request for Action I f May 3,2021 SUBJECT: ADMINISTRATION-APPROVE PARTICIPATION IN THE WRIGHT COUNTY ECONOMIC DEVELOPMENT AUTHORITY RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: adopt Resolution No. 2021-022 opting the City of Albertville to participate in the Wright County Economic Development Authority. BACKGROUND: The formation of the Wright County Economic Development Authority (EDA)was recommended by an Advisory Committee which included city and township representatives. The Advisory Committee met in August and October 2020 and provided a report in November of 2020 to the Wright County Board which passed a resolution establishing the Wright County EDA. Under state law, county EDAs may operate only in cities and townships that have adopted resolutions electing to participate in it. KEY ISSUES: • The Wright County Board established the Wright County Economic Development Authority to guide economic growth within Wright County. • The EDA operates under the authority of Minnesota Statutes, Section 469.090 through 469.1082 and has more legal authority to pursue the repurposing of public assets than do counties themselves.. • The EDA will partner with local cities and townships as well as the Wright County Economic Development Partnership and support their efforts to achieve specific projects and advance broader initiatives. • The EDA will seek to access state and federal resources that are mainly available to larger public development agencies. • No funding is necessary. While the EDA has taxation authority,the Wright County EDA has stated it will not levy taxes. If the EDA ever decides to levy an EDA tax, cities and townships will have the option to withdraw at that time. LEGAL ISSUES: The Mayor and City Council have the authority to approve the City of Albertville's participation in the Wright County Economic Development Authority. Submitted by: Adam Nafstad, City Administrator-PWD Attachments: • Wright County EDA FAX Sheet • Wright County EDA Presentation • Resolution No. 2021-022 Agenda Page 57 00'a 1',1"MI WRIGHT HT U T &Alf ECONOMIC DEVELOPMENT AUTHORITY What is the Wright County Economic Development Authority? The Wright County Economic Development Authority(EDA) is a local authority, a subdivision of Wright County with the primary objective of shepherding economic growth within Wright County. The EDA operates under the authority of Minnesota Statutes, Sections 469.090 through 469.1082. How was the EDA established? The formation of the EDA was recommended by an Advisory Committee which included city and township representatives. The committee met in August and October 2020 and provided a report in November 2020. In November 2020, The Wright County Board passed a resolution establishing the Wright County EDA. What will the EDA do? Facilitate and guide redevelopment of county owned properties. County EDAs have much more legal authority to pursue the repurposing of public assets than do counties themselves. The EDA will facilitate and guide the redevelopment of the current Government Center and Health & Human Services Building located in Buffalo. These two properties are anticipated to be vacated by Wright County staff at the end of 2021. Partner with local communities. The EDA will partner with local cities and townships as well as the Wright County Economic Development Partnership (WCEDP) and support their efforts to achieve specific projects and advance broader initiatives. Access state and federal resources. The EDA will seek to access state and federal resources that are available mainly to larger public development agencies. EDA Board Members & Staff Darek Vetsch, President Christine Husom,Vice-President Mark Daleiden, Board Member Ph: (763) 682-7687 Ph: (763) 682-7697 Ph: (763) 682-7686 Darek.Vetsch@co.wright.mn.us Christine.Husom@co.wright.mn.us Mark.Daleiden@co.wright.mn.us Mary Wetter, Board Member Michael Kaczmarek, Board Member Teri Lacherrneler, Board Member Ph: (763) 682-7696 Ph: (763) 682-7685 Ph: (763) 464-4732 Mary.Wetter@co.wright.mn.us Mike.Kaczmarek@co.wright.mn.us teri.lachermeier@ci.buffalo.mn.us Phil Kern, Board Member Lee Kelly, Executive Director Elizabeth Karels, Project Administrator Ph: (763) 972-0565 Ph: (763) 682-7377 Ph: (763) 684-8604 pkern@delano.mn.us Lee.Kelly@co.wright.mn.us Elizabeth.karels@co.wright.mn.us What will the EDA NOT do? The EDA does not intend to enact its own levy. Agenda Page 58 In establishing the EDA, the Wright County Board was clear that it has no intent for the EDA to levy its own dedicated property tax. EDA activities will be funded with Wright County resources. The EDA will be limited to economic development. Although some county EDAs also exercise powers available to housing and redevelopment authorities (HRAs), the Wright County EDA's powers are limited to economic development. The EDA does not intend to lead any development projects except for the development of county owned properties. With its focus on partnering with local communities and the WCEDP to achieve their objectives, the EDA does not expect to lead any projects other than the redevelopment of the Government Center and Health and Human Services Building. The EDA's role will be to augment the resources that other entities are bringing to advance projects throughout Wright County. What does local participation mean? Under state law, county EDAs may operate only in cities and townships that have adopted resolutions electing to participate in the EDA. Opting into the EDA If a city or township chooses to opt into the EDA's area of operation, the entity will be included in the EDA's area of operation. Opting in does not impose any obligation, financial or otherwise on the participating city or township. Opting in allows the participating city or township to take advantage of tools offered by the EDA, which may include tax increment financing (TIF), tax abatement, business loan programs and grant programs. Every five years, cities and townships having opted into the EDA may elect to withdraw, per Minnesota Statute, Section 469.1082 Subdivision 5. Opting out of the EDA If a city or township chooses to opt out of the EDA's area of operation, the EDA is not allowed to assist any development project in that community, even if requested by the city or township. Future EDA levies If the EDA ever decides to levy an EDA tax, all participating entities will have the option to withdraw from the EDA and not be subject to the EDA levy. Updated March 12,2021 Agenda Page 59 � � o m aU rn m OCL cu c a� Q w00 Z LU Q � } Z r ~ z ¢ O Z Z 0 oa W ~ O � F a Q 0 Iw a.� w � - � O _ co a. j tj3 w F- LU Q W ado N � 4-0 E Q E 0 O O W � cn U N o0 H Q o a� OC o � O w _0 E o 2 Q - o i U cn j m > cu Z Q -o O Z a N Q V W Q E N O O 0 E Q i Fn 4� a > O N (u � � C7 o 0 E " .- a) E o J LV U cn cn a� > EQ W � 0 Q o 72 > � o LV o oU W � o � o 2V W � m o > — •� cn U O 0 >� 0 OO � M_ �+ O }, F- Z U o O - Uc� O W _0 O U N Q 0 .L cn o _ u_= vi g N 70 o U ^ � � L LU o UCO T a) O CL 0 0 m " L Q O Q a) � O cc p O tf cn z�, o a � CU � m W W L a) � 2 a) co0 I o 0 — O � m CD m � � � _ � C � a CU _ CU a) O cn co •U � L O U � '- M O m U U U- Q 0- W Q o � U o +-+ � � a) a) O E o > CDL 0 a > a 0 N � co m o > E o o a) o Z o N o > � a) W 0 a) a) LLB m 2 a E H }, — o 0 Jcn Q N N x cn a Q Q Q a) a) = W W W U a)a) a) a) 0 5, 0 p = N > Q ca (\■ O Z ca a o o W CL � aD (D o c 0) o Z � a) Q _O ' > L U a _ _ a ° U Q N U CL m C.� W N � 0 p LL O > (6 a Q J O .0 O Q LU �' W aLL EcL J Q c6 E 0 N Q i U w "�'' W es• U � C: U C: >, U � O cn LU � aD Q � c- cn o 0 0 � Q a a w w Q (D 0 C:-0 o � > � < a� L O C mU C)) W > N Q C C: i>-' � N O Q • • • • Q N (U O O O O W e - 4-- 0 cn O 0 Q Q cn L- 0 w 0 a) a--+ Li>—' c�• m 0 0 a. cn Q o cu CL a) 0 o w 7t-- w a) F- U a) 70 70 a) a) LU z — � w m � � 0: 70 CD — H c) cn cn LU cn a o 0 0 0) a QE � Q � �" = w cn a) cn cn ) -r- U p = Z V U u m Q CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-022 RESOLUTION OPTING THE CITY OF ALBERTVILE TO PARTICIPATE IN THE WRIGHT COUNTY ECONOMIC DEVELOPMENT AUTHORITY WHEREAS,The City of Albertville, Minnesota(the"Municipality") is located within Wright County, Minnesota(the"County"); and WHEREAS,pursuant to a resolution adopted by the Board of Commissioners of the County on November 24, 2020, the County established the Wright County Economic Development Authority (the "EDA") in accordance with Minnesota Statutes, Section 469.090 through 469.1082, as amended (the EDA Act"); and WHEREAS, Section 469.1082, subd. 5 of the EDA Act provides that the area of operation of the EDA shall include all cities and townships within the County that have adopted resolutions electing to participate in the EDA; and WHEREAS,the governing body of the Municipality has determined that it is in the best interests of the Municipality to elect to participate in the EDA; and WHEREAS,the Municipality may make an election to withdraw from participation in the EDA every fifth year following the adoption of the resolution electing to participate, all in accordance with the terms of Section 469.1082, subd. 5 of the EDA Act; and WHEREAS,notwithstanding Section 469.1082, subd. 5, if the EDA enacts an EDA levy, the EDA will notify the Municipality of the enactment of such levy and the Municipality shall have the opportunity to withdraw its participation in the EDA prior to the levy going into effect. NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City Albertville, Minnesota as follows: 1. The Municipality hereby elects to participate in the EDA. 2. The election to participate in the EDA shall take effect on the date of adoption of this approval and may only be withdrawn in accordance with Section 469.1082, subdivision 5 of the EDA Act. Adopted by the City Council of the City of Albertville on this Yd day of May, 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 67 .A,lbcrtvi11- City Administrator's Update Small Town Living.Big CRy LIFe. April 29, 2021 GENERAL ADMINISTRATION Planning Commission Vacancy: Included as an agenda item is Planning Commission appointment. I will provide the candidate ranking to assist with Council's consideration. Parks Committee Vacancy: The Parks Committee will be reviewing letters of interest received at their next meeting. Fehn Companies TIF: The public hearing on the TIF is scheduled for the Monday's meeting; however, the Developer and Bond Counsel are working out details of the development and the contract for development. It is recommended the public hearing be continued until the May 17 meeting. The approvals related to the PUD, final plat, and developer's agreement are on Monday's agenda. American Rescue Plan Act: The recently passed act includes $65 billion in recovery funds cities. Albertville's share is estimated to be $860,000. Albertville is expected to receive the first half distribution around June 9, 2021 and the second distribution a year later. The funds must be spent by December 31, 2024. Currently the use of funds is vague, but in the coming weeks we hope to receive more direction on the use of the funds (waiting on the U.S. Treasury) and reporting requirements. Central Park Plans: The Park Committee is reviewing options and costs for internal trails and parking improvements at Central Park. Advanced Volumetric Alliance: We have received notice that both JCF and MIF grants through DEED have been approved for AVA. Together the two grants will provide $625,000 toward the project. AVA has submitted for Building Permit and is working to finalize the development agreement. STMA Referendum Steering Committee: The Committee met again this past Tuesday and reviewed District technology needs and referendum options. The next meeting is scheduled for May 4. ENGINEERING/PUBLIC WORKS 2021 Street Project: The project has been awarded and the pre-construction meeting will be held in May. A project newsletter will be mailed to project residents this week. Construction will begin after Friendly City Days. Agenda Page 68 Local Road Improvement Program: The grant application has been submitted and awards are expected in May. Skate Park/Basketball Court: The Skate Park contract has been finalized and we expect construction to commence mid-May. We anticipate a 5 to 7 week build period and plan open the skate park mid-July. Construction of the basketball court will follow. BNSF Quiet Zone: I met with the County to review the current quiet zone requirements. BNSF informed the County they are moving forward with the gates and arms at the CSAH 19 and CSAH 37 crossings later this summer. I will get more information from FRA on the risk index and options for wayside horns and report back to the Council. City Administrator's Update Page 2 of 2 April 29, 2021 Agenda Page 69