2022-03-07 City Council Agenda Packet lbertvill£ City of Albertville Council Agenda
Small living.Big City We.
Monday, March 7, 2022
City Council Chambers
7pm
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
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 February 7, 2022, regular City Council Meeting minutes as presented. 3-7
B. Authorize the Monday, March 7, 2022, payment of claims as presented, except bills 8
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.
C. Approve the Albertville Knights of Columbus 94174 Lawful Gambling Permit 9-11
application for a benefit to be held at St. Alberts Parish Center located at 11458 57th
Street NE on April 30,2022.
D. Adopt Resolution No. 2022-06 Reestablishing the City of Albertville's Precincts and 12-14
Polling Locations.
E. Approve Final Payment Estimate to Knive River for 2021 Street Improvements in the
amount of$28,397.01.
7. Public Hearing
8. Wright County Sheriff's Office— Updates, reports, etc.
9. Department Business
A. City Council
1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc)
B. Building—None
C. City Clerk—None
City of Albertville City Council Agenda
Monday, March 7, 2022 Page 2 of 2
D. Finance—None
E. Fire—None
F. Planning and Zoning
1. Amendment to the Albertville City Code relating to Side Yard Outdoor 15-21
Storage in Residential Zoning Districts
(Motion to adopt Ordinance No. 2022-03 approving amendments to the City's
Zoning Code Section 1000.15.A.2.b; establishing performance standards for
outdoor storage in a residential zoning district within a side yard and approve
summary Ordinance for publication)
2. Amendment to Commercial Zoning Districts to allow Amplified Music to 22-28
Outdoor Dining Conditional Use Permits
(Motion to adopt Ordinance No. 2022-04 approving amendments to the City's
Commercial Zoning Districts Sections 4300, 4350, 4400, and 4500 allowing
electronically amplified outdoor music and audio devices accessory to approved
outdoor dining conditional use permits and approve summary Ordinance for
publication.)
G. Public Works/Engineering—None
H. Legal
1. Update on Status of Maeyert Property Ordinance Violations 29
2. Ordinance Violations at 5970 Kalland Circle N.E. 30-36
(Motion to authorize a court action against the owners of the property at 5970
Kalland Circle N.E. to remove a trailer and a camper that are both being stored
on the lawn in the side yard.)
L Administration
1. City Administrator's Update 37-38
10. Announcements and/or Upcoming Meetings
March 8 Planning Commission, 7 pm
March 14 STMA Arena Board, 6 pm
March 21 City Council, 7 pm
March 28 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
April 4 City Council, 7 pm
11. Adjournment
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ALBERTVILLE CITY COUNCIL
DRAFT REGULAR MEETING MINUTES February 7, 2022—7 pm
Council Chambers
Albertville City Hall
1. Call to Order
Mayor Hendrickson called the meeting to order at 7:02 pm.
2. Pledge of Allegiance— Roll Call
Present: Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski
Staff Present: City Administrator Nafstad, City Attorney Couri, City Planner Brixius, Fire Chief
Bullen and City Clerk Luedke
3. Recognitions —Presentations—Introductions
A. 2021 Albertville Fire Department Annual Awards
Fire Chief Bullen recognized the following Albertville Fire Department members for their years of
service: Firefighter Thurber (5 years) and Deputy Chief Davis and Assistant Chief Peterson (20
years).
Chief Bullen said the department averaged 28 volunteer hours per member with Firefighter Ose
having the most at 84 hours. Firefighter Grove received the Top Caller Award at 392 calls and
Lieutenant Gerads received the 2021 Paul Heinen Above and Beyond Award.
The City Council thanked the Albertville Fire Department for their service.
4. Public Forum
Mr. Tom Fay, 10795 70th Street, said he had some questions regarding the Scherer Brothers
proposed development. He asked how the drainage in the area would be affected,what the access
points into the new building would be and what the hours of operation for the facility would be.
Nafstad and Brixius provided information on the questions that Mr. Fay had regarding the proposed
new development.
5. Amendments to the Agenda
City Administrator Nafstad added an item under the Public Works section. The item was entitled
"Gl. Parking Restrictions on Large Avenue NE and Barthel Industrial Drive". He also requested the
two Planning items be moved to immediately follow the Consent Agenda.
MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the
February 7, 2022, agenda as amended. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.
Nays: None. The motion carried.
Agenda Page 3
City Council Meeting Draft Minutes Page 2
Regular Meeting of February 7,2022
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 January 18, 2022, regular City Council Meeting minutes as presented.
B. Authorize the Monday, February 7, 2022, 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.
C. Accept Accounts Receivable reports.
D. Accept 4th Quarter Budget to Actual reports.
E. Reduce Letter of Credit No. 555, held as security for Advanced Volumetric Alliance,
LLC, to no less than $573,870, conditioned on any outstanding balances owed to the
City being paid in full.
MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to approve the
February 7, 2022, Consent Agenda as submitted. 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.
A. 2021 Wright County Sheriff's Department Annual Activity Report
9. Department Business
A. City Council
1. Committee Updates (STMA Ice Arena,Planning, JPKR,Parks, Fire Board,
FYCQ
Councilmember Hudson provided an update from the 2022 Legislative Forum regarding funding for
the STMA School District. He said the presentation was similar to past years and added for future
funding opportunities the community needs to contact the appropriate State Representatives. He
answered questions for the other Councilmembers. Councilmember Cocking provided information
on the school funding formula for the STMA School District and other Minnesota schools.
Councilmember Cocking provided an update from the biannual Albertville-Otsego Joint Fire
Advisory meeting which included a discussion on the fire services contract. He said it appears the
City of Otsego may be interested in renewing the contract when it expires at the end of the year.
City Administrator Nafstad said he foresees presenting a draft contract for the Council to review
this summer.
Councilmember Olson provided an update from the FYCC meeting and said this year donations
were up and more than 2,000 kids have used the outdoor ice-skating rink. He also provided an
updated from the Parks Commission and said the Commissioners were reviewing the current City
park's amenities to see what the different park needs were. Councilmember Olson said the Park
dedication fund does have monies available for park improvements.
Agenda Page 4
City Council Meeting Draft Minutes Page 3
Regular Meeting of February 7,2022
B. Building
1. 2021 Year End Building Permit Review
City Administrator Nafstad summarized the 2021 Building Permit Activity report and said last year
was one of the biggest years so far for issuing permits and revenue collected for the Albertville
Building Department. He added the City continues to license rental properties but due to the
pandemic,the City paused the rental inspections in 2020 and 2021.
C. City Clerk—None
D. Finance—None
E. Fire
1. Fire Department Presentation—Year in Review
Fire Chief Bullen provided information on the 2021 call data and said the department had received a
total of 569 calls in 2021. He reported the fire department had already received 62 calls in 2022.
Chief Bullen also provided details on the incident statistics and the property values versus the loss
and save for year 2021 along with the Fire Department's accomplishments. He reported on the
grants that the Fire Department had received in 2021 and answered questions from Council.
The Council thanked the Albertville Fire Department for their service to the City of Albertville.
F. Planning and Zoning
1. Particle Control Business Expansion Inquiry
City Planner Brixius provided background information on the inquiry the City received from
Particle Control to expand their facility at their current location which would involve the purchase
of the surrounding properties. He said Particle Control had provided three different expansion
options and detailed the different opportunities. Planner Brixius said the facility expansion may be
completed in staged progression and answered questions from Council.
City Administrator Nafstad answered questions from Council regarding the stormwater treatment
pond in the area and said if the project was developed as proposed additional ponding would likely
not be required, as there is regional pond downstream.
Particle Control owners, Keith Arns and Jerry Arns, provided background information on their dry
food processing business and said due to the increase in business they need to expand their facility
for future business growth. They supplied information on the surrounding properties they were
interested in purchasing for their business expansion and answered questions from Council.
There was Council discussion regarding the different expansion options, future utility needs,
building materials and landscaping requirements. The Council expressed interest in the project and
said at this time Particle Control should pursuit the expansion on the lots they currently own and, in
the future, if additional properties become available for purchase to bring back the building and
expansion plan for City review.
Agenda Page 5
City Council Meeting Draft Minutes Page 4
Regular Meeting of February 7,2022
2. Scherer Limited Partnership—Industrial Development Applications
City Planner Brixius provided an overview of the request received from Scherer Limited
Partnership to allow for the construction of an industrial manufacturing building with outdoor
storage. He said the Planning Commission held a public hearing at their January 11 Planning
meeting in which the Commission recommended approval. He reviewed the revised landscape plans
and answered questions from Council.
City Administrator Nafstad answered questions from Council regarding the proposed project,
existing utilities in the area and the revised landscape plan.
There was Council discussion regarding the proposed industrial manufacturing development. The
Council thanked the applicants for staying in the City of Albertville.
MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt
Resolution No. 2022-04 addressing the following development applications for Scherer Limited
Partnership to allow for the construction of a 55,680 square foot manufacturing building in the City
of Albertville.
• Comprehensive Plan Amendment to change the guided use of the subject property from
"Commercial"to "Industrial."
• Zoning Map Amendment to change the zoning of the subject property from B-2A Special Business
District to I-2 General industrial.
• Preliminary and Final Plat to allow the creation of a buildable lot.
• Site and Building Plan Review to accommodate the construction of a 55,680 square foot
manufacturing plant upon to subject site.
• Conditional Use Permit to allow accessory outdoor storage upon subject site.
Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried.
MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to adopt
Ordinance No.2022-02 amending the City's Zoning Map relating to Scherer Bros. Limited
Partnership Industrial Development located on Outlot A Northwest Commercial Park Addition.
Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.Nays: None. The motion carried.
G. Public Works/Engineering
1. Parking Restrictions on Large Avenue NE and Barthel Industrial Drive
City Administrator Nafstad reported this resolution was related to the Municipal Street Aid funding
for the street improvement project of Large Avenue NE and Barthel Industrial Drive. He answered
questions from Council regarding the project.
Councilmember Olson stated there was an extra"and"in the resolution which should be taken out.
MOTION made by Councilmember Cocking, seconded by Councilmember Olson to adopt
Resolution No. 2022-05 relating to Parking Restrictions for Large Avenue NE and Barthel
Industrial Drive as amended. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays:
None. The motion carried.
H. Legal—None
Agenda Page 6
City Council Meeting Draft Minutes Page 5
Regular Meeting of February 7,2022
L Administration
1. City Administrator's Update
City Administrator Nafstad said the TIF public hearing for Scherer Brothers Lumber will be held on
at the March 21 City Council meeting. He reported Scherer Brothers had encountered some
unexpected expenses related to soil corrections and site grading issues on the NW Commercial Park
Outlot and answered questions from Council.
Announcements and/or Upcoming Meetings
February 8 Planning Commission, 7 pm
February 14 STMA Arena Board, 6 pm
February 21 City Offices are closed in observance of President's Day
February 22 City Council, 7 pm (Tuesday)
February 28 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
March 7 City Council, 7 pm
March 8 Planning Commission, 7 pm
10. Adjournment
MOTION made by Councilmember Cocking, second by Councilmember Zagorski to adjourn the
meeting at 8:44 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The
motion carried.
Respectfully submitted,
Kristine A. Luedke, City Clerk
Agenda Page 7
�lbcrtviljc Mayor and Council Request for Action
I f
March 7, 2022
SUBJECT: CONSENT—FINANCE—PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday,March 7, 2022, 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 8
b£Y"tV1��£ Mayor and Council Request for Action
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March 7, 2022
SUBJECT: CONSENT—CITY CLERK—ALBERTVILLE KNIGHTS OF COLUMBUS LAWFUL
GAMBLING PERMIT APPLICATION
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve the Albertville Knights of Columbus #4174 Lawful Gambling Permit
application for a benefit to be held at St. Alberts Parish Center located at 11458 57th Street NE on
April 30,2022.
BACKGROUND: The Albertville Knights of Columbus #4174 has submitted a lawful gambling
permit application for a benefit for the Joe Scherber family to be held at the St. Alberts Parish
Center in Albertville. The Knights of Columbus is a non-profit organization and approval of their
application would allow them to conduct lawful gambling at St. Alberts Parish Center on April
30, 2022.
KEY ISSUES:
• The benefit is to help the Scherber family with medical expenses and will be held at the
St. Alberts Parish Center on April 30, 2022 from 2 to 10 pm.
• The Albertville Knights of Columbus is a non-profit organization and is eligible to
conduct lawful gambling.
• The Minnesota Gambling Control Board ultimately issues this type of license, but
requires City approval prior to issuing the license.
FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant
for the gambling permit.
LEGAL CONSIDERATIONS: It is the City's policy to review and approve or deny gambling
permit applications for gambling activity within the City.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments:
• LG220 Application for Lawful Gambling Permit
Agenda Page 9
MINNESOTA LAWFUL GAMBLING 11/17
LG220 Application for Exempt Permit Page 1 of 2
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that: Applications are processed in the order received. If the application
• conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event,the
• awards less than$50,000 in prizes during a calendar application fee is$100; otherwise the fee is$150.
year.
If total raffle prize value for the calendar year will be Due to the high volume of exempt applications,payment of
$1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
Organization f Previous Gambling 71
Name: fS Ci7� �., 5 7 7 _ Permit Number: (g
Minnesota Tax I Federal Employer ID
�
Number, if any: � 7 Number
ber(FEIN),if any:��' 7�
Mailing Address: C AID I) CD J� /Ifs
City: ���V �� State: Zip:J 5, ��County: . t /I
Name of Chief Executive Officer (CEO): _�1lLL✓_!�r—� L�
CEO Daytime Phone: 76-3_ 7 L?7 (2 3o CEO Email: _
(permit will beMeiled to this email address unless otherwise indicated below)
Email permit to(if other than the CEO): ��� L��L uJ cro(S _ fl a G t7 I-
NONPROFIT STATUS
Type of Nonprofit Organiza ion (check one):
Fraternal Religious Veterans Other Nonprofit Organization
Attach a copy of one of the following showing proof of nonprofit status:
(DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
A current calendar year Certificate of Good Standing
Don't have a copy? Obtain this certificate from:
MN Secretary of State, Business Services Division Secretary of State websiite,phone numbers:
60 Empire Drive, Suite 100 www.sos.state.mn.us
St. Paul, MN 55103 651-296-2803,or toll free 1-877-551-6767
❑ IRS income tax exemption(501(c)) letter in your organization's name
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the
IRS toll free at 1-877-829-5500.
❑ IRS-Affiliate of national,statewide,or international parent nonprofit organization(charter)
If your organization falls under a parent organization, attach copies of both of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted(for raffles, list the site where the drawing will take place) Lp__�Aw
Physical Address (do not use P.O.box): [ p �L_ E.
Check one:
City: zin:s S 3� ! County: +
Township: _ Zip: County:
Date(s) of activity(for raffles, indicate the date of the drawing)- 30 0
Check each type of gambling activity that your organization will conduct:
Bingo a Paddlewheels Q Pull-Tabs =Tipboards ZRaffle
Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained
from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection
devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, qo to
Agenda Page 10
11/17
LG220 Application for Exempt Permit Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to
the Minnesota Gambling Control Board)
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits located in a township
[]The application is acknowledged with no waiting period. a application is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waiting
period,and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after
(60 days for a 1st class city). 30 days.
The application is denied. El he application is denied.
Print City Name: _ Print County Name:
Signature of City Personnel: Signature of County Personnel:
Title: Date: Title: Date:
TOWNSHIP(if required by the county)
On behalf of the township,I acknowledge that the organization
is applying for exempted gambling activity within the township
The city or county must sign before limits. (A township has no statutory authority to approve or
submitting application to the deny an application, per Minn. Statutes,section 349.213.)
Gambling Control Board. Print Township Name:
Signature of Township Officer
Title: Date:
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned the d within 30 d s of the event date.
Chief Executive Officer's Signature: Date:
(Sign ure must be CEO's signatu designee may not sign)
Print Name: "_ �J E_ P' A/ �19
REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS
Complete a separate application for: Mail application with:
• all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and
• all gambling conducted on one day.
application fee(non-refundable). If the application is
Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event,
conducted on the same day. the application fee is$100; otherwise the fee is$150.
Financial report to be completed within 30 days after the Make check payable to State of Minnesota.
gambling activity is done: To: Minnesota Gambling Control Board
A financial report form will be mailed with your permit. Complete 1711 West County Road B,Suite 300 South
and return the financial report form to the Gambling Control Roseville, MN 55113
Board.
Questions?
Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at
3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900.
Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General;
on this form(and any attachments)will be used address will be public information when received Commissioners of Administration,Minnesota
by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budgetr and Revenue;Legislative
determine your organization's qualifications to be private data about your organization until the Auditor,national and international gambling
be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies;anyone pursuant to court
Minnesota. Your organization has the right to the permit,all information provided will become order;other individuals and agencies specifically
refuse to supply the information; however,if public. If the Board does not issue a permit,all authorized by state or federal law to have access
your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for
information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or
determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was
as a consequence,may refuse to issue a permit. about your organization are available to Board given;and anyone with your written consent.
If your organization supplies the information members,Board staff whose work requires
requested,the Board will be able to process the access to the information; Minnesota's Depart-
This form will be made available in alternative format(i.e.large print,braille)upon request.
Agenda Page 11
1bcrtV111£ Mayor and Council Request for Action
SmoH T...living.ft C ky lir_. Y
March 7, 2022
SUBJECT: CONSENT—CITY CLERK—REESTABLISHING PRECINCTS AND
POLLING LOCATIONS AFTER LEGISLATIVE REDISTRICTING
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Adopt Resolution No. 2022-06 Reestablishing the City of Albertville's Precincts
and Polling Locations.
BACKGROUND: During the legislative session, the legislature of the State of Minnesota has
been redistricted. Minnesota Statute section 204B.14, subd. 3 (e)requires that precinct
boundaries must be reestablished within 60 days of when the legislature has been redistricted or
at least 19 weeks before the state primary election, whichever comes first.
KEY ISSUES:
• The Legislature of the State of Minnesota has been redistricted.
• Minnesota Statute section 204B.14, subd. 3 (e)require that precinct boundaries be
reestablished within 60 days of when the legislature has been redistricted or at least 19
weeks before the State Primary Election, whichever comes first.
• The City of Albertville has 2 precincts and polling places.
o Precinct 1 — STMA Middle School West, 11343 50th Street NE, Albertville
o Precinct 2—St. Albert Parish Center, 11458 57th Street NE, Albertville
POLICY/PRACTICES CONSIDERATIONS: The City of Albertville follows the State of
Minnesota Statutes relative to election laws.
FINANCIAL CONSIDERATIONS: There are no financial considerations for acknowledging
the legislative redistricting of precinct boundaries.
LEGAL ISSUES: The City Council has the authority to reestablish the City of Albertville's
precincts and polling locations.
Responsible Person: Kris Luedke, City Clerk
Submitted by: Adam Nafstad, City Administrator-PWD
Attachments:
• Resolution No. 2022-06
• City of Albertville Precinct Map
Agenda Page 12
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2022-06
A RESOLUTION REESTABLISHING THE CITY OF ALBERTVILLE'S
PRECINCTS AND POLLING LOCATIONS
WHEREAS,the legislature of the State of Minnesota has been redistricted; and
WHEREAS,Minnesota Statute section 204B.14, subd. 3 (e)requires that precinct
boundaries must be reestablished within 60 days of when the legislature has been redistricted or
at least 19 weeks before the state primary election, whichever comes first.
NOW,THEREFORE BE IT RESOLVED that the City Council of the City of
Albertville, County of Wright, State of Minnesota hereby establishes the boundaries of the
voting precinct and polling places as follows:
Precinct Name Polling Place Location
Precinct 1 Albertville STMA Middle School West
11343 50th Street NE
Albertville, MN 55301
Precinct 2 Albertville St. Albert Parish Center
11458 571h Street NE
Albertville, MN 55301
Attached to this Resolution, for illustrative purposes, is a map showing said precincts.
Adopted by the City Council of the City of Albertville this 711 day of March 2022.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 13
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Mayor and Council Request for Action
March 7, 2022
SUBJECT: PLANNING—AMENDMENT TO CITY CODE RELATING TO SIDE
YARD OUTDOOR STORAGE IN RESIDENTIAL ZONING DISTRICTS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
MOTION TO: Adopt Ordinance No. 2022-03 approving amendments to the City's Zoning
Code Section 1000.15.A2.b; establishing performance standards for outdoor storage in a
residential zoning district within a side yard and approve summary Ordinance for publication.
BACKGROUND: Section 1000.15.A, addresses permitted outdoor storage in residential zoning
districts. Within this Code section, the City allows recreational vehicle and trailer storage within
the side yard of a residential lot with conditions. This is intended to allow for a storage pad along
a garage and accessed via the driveway. However, the Code language does not specifically
define the location of this allowed side yard storage. This has resulted in a few properties storing
their recreational vehicles along their house opposite the garage. This has produced issues
regarding access across the lawn,proximity to adjoining homes, screening, etc. The proposed
code amendment establishes location and access performance standards to place these storage
areas along the garage with access via an established driveway.
The Albertville Planning Commission held a public hearing and reviewed the proposed zoning
text amendment, the staff reports and heard public testimony. At the close of the public hearing,
the Planning Commission recommended the City Council approve the zoning text amendment.
KEY ISSUES:
• The new text requires the side yard storage of a recreational vehicle or trailer to be
placed along the side of the garage.
• The side yard storage of a recreational vehicle or trailer must be on an established
storage pad meeting specific design standard related to setback, surfacing and
containment.
• The new text requires the storage pad to be accessed via the driveway with performance
standards related to setbacks, surfacing and containment.
POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, a public notice
was published and a public hearing was held by the Planning Commission. The Planning
Commission recommended the City Council approve this amendment to the City's ordinance
language.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City
Council have the authority to approve or deny these amendments.
Agenda Page 15
Mayor and Council Request for Action—March 7, 2022
Planning—Zoning Text Amendment for Outdoor Storage Page 2 of 2
Responsible Person: Alan Brixius, City Planner
Submitted Through:Adam Nafstad, City Administrator-PWD
Attachments:
• Planning Report dated February 3, 2022
• Ordinance No. 2022-03
• Summary of Ordinance No. 2022-03
Agenda Page 16
NORTRWEST ASSOCIATED CONSULTANTS,, mc.
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 / Logan Brown
DATE: February 3, 2022
RE: Residential Recreational Vehicle Side yard Storage.
FILE NO: 163.05 22.02
BACKGROUND
Section 1000.15.A, addresses permitted outdoor storage in residential zoning districts.
Within this code section the City allows recreational vehicle and trailer storage within the
side yard of a residential lot with conditions. This is intended to allow for a storage pad
along a garage and accessed via the driveway. However, the code language does not
specifically define the location of this allowed side yard storage. This has resulted in a
few properties storing their recreational vehicles along their house opposite the garage.
This has produce issues with regard to access across the lawn, proximity to adjoining
homes, screening, etc.
City Staff is asking the Planning Commission and City Council to consider the attached
zoning text amendment to better define the allowed location and access for side yard
recreational vehicle storage.
EXHIBITS
Exhibit A - Draft zoning text amendment.
ANALYSIS
The Draft amendment includes the following items.
1 . Recreational vehicle may only be stored in the side yard along the garage side of
the house.
2. Access to the storage area shall be via the driveway.
3. The access drive to the storage area shall be surfaced with asphalt, concrete or
crushed rock.
Agenda Page 17
CONCLUSION
The attached zoning text amendment is offered for the consideration and discussion of
the Planning Commission and City Council. If deemed acceptable we recommend
approval of the attached zoning text amendment.
Cc. Maeghan Becker
Kris Luedke
Mike Couri
Agenda Page 18
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2022-03
AN ORDINANCE AMENDING SECTION 1000.15 A.2.b OF THE ALBERTVILLE
MUNICIPAL CITY CODE RELATING TO SIDE YARD STORAGE
The City Council of the City of Albertville,Minnesota hereby ordains:
Section 1. Ordinance 1000.15, Outside Storage, Residential, Commercial, and Industrial
Uses of the Albertville City Code is hereby amended as follows.
1000.15: OUTSIDE STORAGE,RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL USES:
A.2.b. Side yard storage:
(1) All permitted recreational vehicle storage must be on an area surfaced with asphalt,
concrete or crushed rock with a border that prevents erosion.
(2) All permitted recreational vehicle storage must be set back at least two feet(2') from the
property line.
(3) All permitted recreational vehicle storage within a side yard shall be located adjacent to
the garage with direct access from the existing driveway. The access to the storage area
shall be surfaced with asphalt, concrete or crushed rock.
f4) Outdoor storage pads may be constructed within public utility and drainage easements
provided that:
(A) Permitted recreational vehicle or trailer storage shall not interfere with storm water
drainage or divert storm water to neighboring properties.
(B) No parking pad shall be located within a drainage or utility easement without written
permission of the city engineer.
(C) Removal of a parking pad or a portion thereof for the purpose of utilizing an
established drainage and utility easement shall be at the property owner's expense
and will not be replaced by the city.
(55,) On a corner lot, all permitted recreational vehicle storage must be set back at least
twenty feet(20') from the side property line abutting a street right of way.
Section 2. This Amendment shall be in full force and effective immediately following its
passage and publication.
Agenda Page 19
City of Albertville
Ordinance No. 2022-03
Meeting of March 7,2022
Page 2
Adopted by the City Council of the City of Albertville this 711 day of March, 2022.
Jillian Hendrickson,Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 20
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
SUMMARY ORDINANCE NO. 2022-03
AN ORDINANCE AMENDING SECTION 1000.15 A.2.b OF THE ALBERTVILLE
MUNICIPAL CITY CODE RELATING TO SIDE YARD STORAGE
NOTICE IS HEREBY GIVEN that on March 7, 2022, Ordinance 2022-03 was adopted
by the City Council of the City of Albertville. This ordinance relates to side yard storage in the
residential zoning districts. Due to the length of the ordinance, the following summary of the
ordinance has been prepared for publication.
NOTICE IS FURTHER GIVEN that the ordinance amends amendment includes the
following component:
• Establishes performance standards for outdoor recreational vehicle storage in
residential zoning districts.
A printed copy of the full ordinance amendment is available for inspection by any person
during the City's regular office hours.
Approved for publication by the City Council of the City of Albertville this 7th day of March
2022.
ATTEST:
Kristine A. Luedke
Albertville City Clerk
Agenda Page 21
�lbcrtvillc
Mayor and Council Request for Action
March 7, 2022
SUBJECT: PLANNING—AMENDMENT TO COMMERCIAL ZONING DISTRICTS
TO ALLOW AMPLIFIED MUSIC TO OUTDOOR DINING CONDITIONAL
USE PERMITS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
MOTION TO: Adopt Ordinance No. 2022-04 approving amendments to the City's Commercial
Zoning Districts Sections 4300, 4350, 4400, and 4500 allowing electronically amplified outdoor
music and audio devices accessory to approved outdoor dining conditional use permits and
approve summary Ordinance for publication.
BACKGROUND: Outdoor dining is allowed in each of the City's commercial zoning districts
by conditional use permit. The outdoor dining conditional use permit performance standards
include the following prohibition.
"No electronically amplified outdoor music, intercom, audio speakers, or other such noise
generating devices shall be allowed in the outdoor sales area."
New restaurants (Hen and Hog, Raw Table)have pursued conditional use permits for outdoor
dining and have expressed a desire to have some electronic music within the outdoor dining area
to add to the ambience and enjoyment of the dining experience. In the City's consideration of
these two conditional use permits; it was recognized the locations of these restaurants were a
good distance away from residential properties and the outdoor music would not become a
nuisance issue. The Albertville Planning Commission and City Council made a finding to allow
these restaurants to have outdoor music accessory to their approved outdoor dining area and
directed staff to amend the City Code to make some allowance to allow other restaurants the
same benefit.
The attached zoning amendment would allow outdoor audio/music with conditions to avoid
nuisance with adjoining properties.
The Albertville Planning Commission held a public hearing, reviewed the proposed zoning text
amendment, staff reports and heard public testimony. At the close of the public hearing, the
Planning Commission recommended the City Council approve the zoning text amendment.
KEY ISSUES:
• This zoning change only relates to outdoor audio/music accessory to outdoor dining
conditional use permits.
• Outdoor dining areas abutting residential uses or zoning districts are not eligible for
outdoor audio/music.
Agenda Page 22
Mayor and Council Request for Action—March 7,2022
Planning—Zoning Text Amendment for Outdoor Dining Page 2 of 2
• The new language includes reference to the City's noise nuisance code to put the
applicant/property owner on notice that the outdoor music must be operated in a manner
that is compatible with the surrounding land uses. If nuisance issues arise,this may
jeopardize their conditional use permit.
POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, a public notice
was published and a public hearing held by the Planning Commission. The Planning
Commission recommended the City Council approve this amendment to the City's ordinance
language.
LEGAL CONSIDERATIONS: In accordance with Council procedures,the Mayor and City
Council have the authority to approve or deny these amendments.
Responsible Person: Alan Brixius, City Planner
Submitted Through:Adam Nafstad, City Administrator-PWD
Attachments:
• Planning Report dated February 3, 2022
• Ordinance No. 2022-04
• Summary of Ordinance No. 2022-04
Agenda Page 23
NORTRWEST ASSOCIATED CONSULTANTS,, mc.
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 / Logan Brown
DATE: February 3, 2022
RE: Outdoor Dining - Music
FILE NO: 163.05 22.01
BACKGROUND
Outdoor Dining is allowed in each of the City's commercial zoning districts by
conditional use permit. The outdoor dining conditional use permit performance
standards include the following prohibition.
"No electronically amplified outdoor music, intercom, audio speakers, or other such
noise generating devices shall be allowed in the outdoor sales area."
New restaurants (Hen and Hog, Raw Table) have pursued conditional use permits for
outdoor dining and have expressed a desire to have some electronic music within the
outdoor dining area to add to the ambience and enjoyment of the dining experience.
In the City's consideration of these two conditional use permits; it was recognized the
locations of these restaurants were a good distance away from residential properties
and the outdoor music would not become a nuisance issue. The Albertville Planning
Commission and City Council made a finding to allow these restaurants to have outdoor
music accessory to their approved outdoor dining area and directed staff to amend the
City code make some allowance to allow other restaurants the same benefit.
Attached is the draft zoning amendment that allowing outdoor electronic music
accessory to outdoor dining conditional use permit.
EXHIBITS
Exhibit A Draft Zoning Text Amendment.
Agenda Page 24
ANALYSIS
The draft zoning code amendment (Exhibit A) eliminates the prohibition outdoor music
accessory to outdoor dining but includes the following provisions to reduce potential
nuisance issues.
1 . Electronic music will still be prohibited on commercial lots that abut a residential
use or residential zoning district. This is suggested to avoid nuisance issues
related to volume or the late-night hours of operation of a restaurant and their
impact on the residential use.
2. The operation of the electronic music or audio equipment shall not operate at a
volume that will not result in nuisance issues. We have cited Title 5 Chapter 1 of
the City Code to define nuisance concerns. This would apply to all approved
outdoor dining areas with music or audio equipment.
CONCLUSION
The attached zoning text amendment is offered for the consideration and discussion of
the Planning Commission and City Council. If deemed acceptable we recommend
approval of the attached zoning text amendment.
Cc. Maeghan Becker
Kris Luedke
Mike Couri.
Agenda Page 25
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2022-04
AN ORDINANCE AMENDING THE ALBERTVILLE MUNICIPAL CITY CODE
RELATING TO CONDITIONAL USE PERMITS OF OUTDOOR DINING FACILITIES
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Chapter 4300 B-2 Limited Business District in the Albertville City Code is
hereby amended as follows:
4300.4 Conditional Uses:
; 4ie speakers, or-e�hef
stleh„ ,-. 1ng devices shall be allowed i the ,,t l , ,. sales .,
4300.4 (M) Electronically amplified outdoor music, intercom, audio speakers, or other such
noise generating devices may be allowed in the outdoor diningarea,rea, provided the lot on
which the outdoor dining area is located doesn't abut a residential use or zoning district. The
playing of outdoor music shall not become a nuisance as defined by Title 5, Chapter 1 of the
Albertville Ci , Code.
Section 2. Chapter 4350 B-2A Special Business District in the Albertville City Code is
hereby amended as follows:
4350.4 Conditional Uses:
; 4io speakers, or-et4e-F
4350.4 (M) Electronically amplified outdoor music, intercom, audio speakers, or other such
noise generating devices may be allowed in the outdoor diningarea,rea, provided the lot on
which the outdoor dining area is located doesn't abut a residential use or zoning district. The
playing of outdoor music shall not become a nuisance as defined by Title 5, Chapter 1 of the
Albertville City Code.
Section 3. Chapter 4400 B-3 Highway Commercial District in the Albertville City Code
is hereby amended as follows:
4400.4 Conditional Uses:
;
4400.4 (M) Electronically amplified outdoor music, intercom, audio speakers, or other such
noise generating devices may be allowed in the outdoor diningarea,rea, provided the lot on
which the outdoor dining area is located doesn't abut a residential use or zoning district. The
playing of outdoor music shall not become a nuisance as defined by Title 5, Chapter 1 of the
Albertville City Code.
Agenda Page 26
City of Albertville
Ordinance No. 2022-04
Meeting of March 7,2022
Page 2
Section 4. Chapter 4500 B-4 General Business District in the Albertville City Code is
hereby amended as follows:
4500.4 Conditional Uses:
;
4500.4 (M) Electronically amplified outdoor music, intercom, audio speakers, or other such
noise generating devices may be allowed in the outdoor diningarea,rea, provided the lot on
which the outdoor dining area is located doesn't abut a residential use or zoning district. The
playing of outdoor music shall not become a nuisance as defined by Title 5, Chapter 1 of the
Albertville Ci . Code.
Section 5. This Amendment shall be in full force and effective immediately following its
passage and publication.
Adopted by the City Council of the City of Albertville this 7th day of March, 2022.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 27
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
SUMMARY ORDINANCE NO. 2022-04
AN ORDINANCE AMENDING THE ALBERTVILLE MUNICIPAL CITY CODE
RELATING TO CONDITIONAL USE PERMITS OF OUTDOOR DINING FACILITIES
NOTICE IS HEREBY GIVEN that on March 7, 2022, Ordinance 2022-04 was adopted
by the City Council of the City of Albertville. This ordinance relates to conditional use permits
for outdoor dining facilities. Due to the length of the ordinance, the following summary of the
ordinance has been prepared for publication.
NOTICE IS FURTHER GIVEN that the ordinance amendment includes the following
component:
• Allows for electronically amplified outdoor music and audio devices accessory to
approved outdoor dining conditional use permits provided the outdoor dining area
doesn't abut a residential use or residential zoning district.
A printed copy of the full ordinance amendment is available for inspection by any person
during the City Hall's regular office hours.
Approved for publication by the City Council of the City of Albertville this 7th day of March
2022.
ATTEST:
Kristine A. Luedke
Albertville City Clerk
Agenda Page 28
Couri ♦ • •
Me-IN "
To: Adam Nafstad, City Administrator; Albertville City Council
From: Mike Couri
Date: March 7,2022
Re: Update on status of Maeyaert ordinance violations.
The Maeyaert property located at 10479 61s' Street is not in compliance with settlement
agreement that was signed by the City and Maeyaert last July. Maeyaert had until September 30th
to come into compliance, which he failed to do. In fact,in September and October he started
bringing back some of the items he had previously removed from the property.
On October 28th I sent a letter to Maeyaert giving him 14 days clean up the property (the 14-day
notice was required by the settlement agreement). Maeyaert failed to clean up the property
before the expiration of the 14-day notice. When I was out to take pictures of the property in
December in preparation for going back into court to enforce the settlement agreement, a person
on the property informed me that Mr. Maeyaert was not home as he was serving time in the
Wright County jail.
While I drafted some of the paperwork for the court action in December, I was unable to finish it
before the Christmas/New Year's holiday. Unfortunately, I came down with Covid-19 Omicron
and was out for almost all of January. I have been catching up on delayed work in February, and
now have the court filings complete and expect that the paperwork will be filed in Court on
March 3rd or 4ch
Motions to enforce a settlement agreement are very unusual and do not have a standard
procedure to follow in the official court rules. I am hoping for an early hearing date,but I likely
will not know that date for several weeks.
I am asking the court to issue an order authorizing the City to enter onto the property and remove
and dispose of all items that are causing the violations of the City's ordinance. I am also asking
the court to issue an injunction prohibiting Maeyaert from violating the City's nuisance or zoning
ordinance again.
I would be happy to discuss this issue with the Council at the March 7th meeting. If the
discussion needs to be very specific, the Council can choose the close the meeting to discuss this
issue under the attorney/client privilege exception to the Open Meeting Law.
Agenda Page 29
�lbcrtvillc
Small Town Wag.iNg City Lft. Mayor and Council Request for Action
March 7, 2022
SUBJECT: LEGAL—ORDINANCE VIOLATIONS AT 5970 KALLAND CIRCLE NE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize a court action against the owners of the property at 5970 Kalland
Circle N.E. to remove a trailer and a camper that are both being stored on the lawn in the side
yard.
BACKGROUND: In October, 2021,the City received complaints of a camper at 5970 Kalland
Circle parked on the side yard lawn as well as a trailer that remained parked in the street that was
not connected to a vehicle, both of which violate the City's Code. The City first sent the owner a
notice on October 28, 2021 regarding the ordinance violations and requested their correction. By
mid-November, the trailer was moved from the street to the lawn, and the camper remained in
the same location. The City sent a second notice on November 23rd, a third notice on December
22"d (along with a $200 administrative fine), a fourth notice on January 10, 2022 (along with a
$250 fine), a fifth notice on January 27th (along with a$300 fine), and a sixth notice on February
17th (along with a$400 fine).
On January 5, 2022, City staff spoke with the property owner, who informed staff that she would
ignore the fines and would not move the trailer or the camper. To date the camper and trailer
remain in the same location,parked on the side lawn.
KEY ISSUES:
• Typically,the City issues four administrative fines,then, if the property is still not in
compliance, brings the issue to the City Council for determination of whether to file a
court action seeking a court order requiring the owner to come into compliance with the
City Code.
• To date, $1,150 in fines have been issued but the owner has refused to bring the property
into compliance with the City Code.
• If the City commences a court action now,the issue will likely not come before the Court
for a hearing until sometime in the summer. If the camper and trailer are being stored on
the lawn for the winter, the owner may remedy the violation before the matter comes
before the Court for a decision.
• If the Council did not want to pursue a Court action now, one option may be to wait until
summer to see if the camper and trailer are moved off the lawn (and not stored on the
street). If they go back on the lawn next fall, the City could commence the Court action
at that time and seek an injunction prohibiting the owner from continuing the violate the
City's ordinances.
• The owner has informed the City that she will not move the camper or the trailer and will
ignore the fines.
Agenda Page 30
Mayor and Council Request for Action—March 7,2022
Legal— Ordinance Violations at 5970 Kalland Circle NE Page 2 of 2
POLICY/PRACTICES CONSIDERATIONS: The City's policy is to issue four fines over a
period of time and then bring the matter to the Council for a determination of whether a Court
action should be pursued. Most violations are resolved via the fine process or with the property
owner applying for a permit that may be needed.
FINANCIAL CONSIDERATIONS: A Court action typically runs between $5,000 and
$10,000 to get an order from the Court requiring the owner to remedy the violations. The City
would incur some additional costs if it had to tow away and impound the trailer and camper. The
City would ask the Court to allow the City to assess all costs of enforcement against the property
for collection with the taxes, but it is unknown at this time if the Court will allow these costs to
be assessed.
LEGAL CONSIDERATIONS: The City has the legal authority to enforce its ordinances,
which have the status of local laws. Generally cases such as these are fairly easy to prove a
violation.
Responsible Person: Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Last notice sent to property owner
• Photos of violation taken March 3, 2022
Agenda Page 31
A,lbertville
Smd TOUM ling.ft my Uts.
February 17,2022
RACHEL M HEFFELFINGER
5970 KALLAND CIR NE
ALBERTVILLE MN 55301-9612
RE: City Code Violation
41h Administrative Fine/61h Notice
Notices have been mailed on October 28,2021,November 23,2021,December 22,2022,January 10,2022
and January 27,2022 requesting compliance with the City Code pertaining to outdoor storage of recreational
vehicles.
On February 15,2022,a 6th site inspection was completed and the following violations still remained:
1. Non-Compliant Parking of Camper Parked on Lawn
2. Non-Compliant Trailer Parked on Lawn
Enclosed is a fourth violation fine for failure to comply with city code.The next re-inspection date will be
March 2,2022.To avoid additional fines,invoice numbers 2021-0294,2022-0001,2022-2019 and 2022-
0042 need to be paid in full and the outdoor storage violation must be corrected by March 2,2022.
As we discussed on January 5,2022,code enforcement will continue until the matter is resolved.Please be
advised that the amount of each subsequent fine increases.Additionally,all unpaid invoices will be
charged a monthly interest rate of 10%,and any unpaid balances will be assessed to the property
taxes.
Attached please find a copy of City Code Section: 1000.15:OUTSIDE STORAGE,RESIDENTIAL,COMMERCIAL
AND INDUSTRIAL USES. The City Code can be reviewed in its entirety on the city's website at:
www.ci.albertville.mn.us/Eovernment/city-code-196
If you have any questions about this letter,or if you would like to discuss options to correct the zoning
violations,please contact me at 763.497.3384 ext 103.
Respectfully,
City of Albertville
Building Department
Enclosures:
4th Code Violation Fine
Copy of Zoning Ordinance 1000.15
Albertville City Hall s 5959 Main Avenue NE, PO Box 9 s Albertville, MN 553019 (763) 497-3384
Agenda Page 32
1000.15: OUTSIDE STODGE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES:
A. All outside storage of materials and equipment for residential uses (excluding farms) shall be
stored within a building or fully screened so as not to be visible from adjoining properties, except for
the following:
1. Clothesline pole and wire.
2. Not more than two (2) recreational vehicles, subject to the following conditions:
a. Front yard storage:
(1) All permitted recreational vehicle storage must be on a driveway or paved surface.
(2) All permitted recreational vehicle storage must beset back at least fifteen feet(15')from
the back of the curb and may not extend into any sidewalk area.
(3) Permitted recreational vehicle storage shall not interfere with stormwater drainage or be
located over an existing utility and may be subject to the review and approval of the zoning
administrator.
b. Side yard storage:
(1) All permitted recreational vehicle storage must be on an area surfaced with asphalt,
concrete or crushed rock with a border that prevents erosion.
(2) All permitted recreational vehicle storage must be set back at least two feet (2')from the
property line.
(3) Outdoor storage pads may be constructed within public utility and drainage easements
provided that:
(A) Permitted recreational vehicle or trailer storage shall not interfere with stormwater
drainage or divert stormwater to neighboring properties.
(B) No parking pad shall be located within a drainage or utility easement without written
permission of the city engineer.
(C) Removal of a parking pad or a portion thereof for the purpose of utilizing an established
drainage and utility easement shall be at the property owner's expense and will not be replaced by the
city.
(4) On a comer lot, all permitted recreational vehicle storage must be set back at least twenty
feet (20')from the property line abutting a street right of way.
c. Rear yard storage:
(1) All permitted recreational vehicle storage must be set back at least five feet(5')from the
rear lot line and five feet (6)from the side lot line(s) if not on a paved surface.
(2) Permitted recreational vehicle storage shall not interfere with stormwater drainage or be
located over an existing utility and may be subject to the review and approval of the zoning
administrator.
3. Construction and landscaping material currently being used on the premises.
4. On and off street parking of currently registered and operable passenger vehicles and trucks
not to exceed a gross weight of twelve thousand (12,000) pounds.
5. Lawn furniture or furniture used and constructed explicitly for outdoor use.
Agenda Page 33
6. Rear or side yard exterior storage of firewood for the purpose of consumption only by the
person or persons on whose property it is stored.
B. Except as allowed by district use provisions, outside storage of equipment, materials and
inventory as an accessory use for commercial and industrial uses shall require a conditional use
permit subject to the provisions of chapter 400 of this ordinance. In addition, all nonresidential outside
storage shall conform to the following conditions:
1. The area occupied is not within a required front or required side yard.
2. The storage area is totally fenced, fully screened and landscaped according to a plan
approved by the zoning administrator, and a landscape guarantee, as determined by the zoning
administrator, is provided.
3. If abutting a residential district or use, screening and landscaping is provided according to a
plan approved by the zoning administrator.
4. The storage area is grassed or surfaced with asphalt,concrete, or crushed rock(concrete or
granite)to control dust. Should an area surfaced with anything other than hard surfacing prove to be
unmaintainable, the city shall require that a hard surface be installed within three (3) months of formal
written notice to the property owner.
5. All lighting shall be hooded and so directed that the light source shall not be visible from the
public right of way or from neighboring residences and shall be in compliance with section 1000.10 of
this chapter.
6. The storage area does not encroach upon required public or employee parking space(s),
required loading space, or snow storage area as required by this ordinance.
7. A site plan documenting the location and grading of the storage operation shall be submitted
and shall be subject to the approval of the city engineer.
C. All new uses shall comply with the foregoing procedures and standards. For the purpose of
public health and safety, any outside storage existing upon the effective date hereof shall be brought
into compliance (including required review and processing by the city) no later than January 1, 1995.
(Ord. 1988-12, 12-19-1988; amd. Ord. 1993-11, 9-20-1993; Ord. 2004-02, 1-5-2004;Ord. 2015-02, 5-
18-2015; Ord. 2021-13, 10-18-2021)
Agenda Page 34
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1bcrtvi11- City Administrator's Update
Smallown Living.Big CRy Llfe
March 7, 2022
GENERAL ADMINISTRATION
Recycling Schedule Changes: Beginning the week of March 28, Republic Services will be
modifying its recycling route. Instead of picking up half the City one week and the other half of
the City the next week, Republic will now pick up the entire City on the same day and follow the
'Blue' schedule. Notices will be sent to all impacted residents (everyone west of CR 19) in
advance. To make the transition, those impacted will receive recycling pick-up two weeks in a
row and then resume the every other week pick-up with the new schedule.
NW Commercial Park Outlot B -Scherer Bros. Lumber: The hearing to establish TIF District No.
20 will take place at the March 21 meeting and it is anticipated that TIF contract will be
presented to Council at the April 4 meeting. The plat, rezoning, and CUP needed for the
Scherer relocation were approved in February.
Gas Franchise Fee: We are working on a fee option for the city's franchise with CenterPoint.
We are waiting on information from CenterPoint and expect to have options for the Council to
consider at the next meeting.
STMA Ice Arena: The next Arena Board meeting is scheduled for March 14 and the board will
be reviewing rates and the draft budget. Hat Trick opened its new space on 1/31. The dryland
space is generally complete with the exception of paint and clean-up.
Parks Committee: The Park Committee did not meet in February. At their March meeting, the
Committee will be coordinating Parks Night Out, as well as, continuing to develop a prioritized
list of projects to be recommended to the Council at a future meeting.
Code/Zoning Enforcement: The City currently has a number of properties with ongoing code
violations that staff is working to correct. At the meeting, two of the properties with code
issues will be discussed and the next Planning Commission meeting a non-compliant CUP will be
discussed.
ENGINEERING/PUBLIC WORKS
Kingston Crossings: The first building permit for one of the two 74 unit apartment buildings
was issued this week. It is our understanding the developer will begin work on the 26
townhomes and one of the two 74-unit apartments this spring, and start the second 74-unit
apartment building and the community building this fall. It is understood the project will take
approximately 1 % years to construct.
53rd and CSAH 19 Signal: The signal report and design are underway. We anticipate bidding
the project in the spring and constructing the signal late summer.
Agenda Page 37
Lift Station Upgrades: Public Works is working on 4 lift station upgrades. Generally, upgrades
are related to control panels and electrical components. Eligible expenses can be paid with
ARPA funds otherwise are paid with enterprise capital reserves.
The Preserve at Albertville: Building permits are being issues for lots abutting a constructed
street. In the spring, the Developer will complete the internal streets and construct the turn
lane on CSAH 19.
Advanced Volumetric Alliance: Building construction is ongoing with and the owners are
working towards a spring/summer opening.
Barthel Industrial Drive: The plans have received State Aid approval and are out for bid. Bids
will be opened March 29 and presented to the Council on April 4. This project will largely be
funded by the 2020 LRIP funds.
2022 Overlay: The plans are compete and out for bid. Bids will be opened on March 30 and
presented to Council on April 4.
CSAH 37 Project: The County opened bids for the project on February 24 and received 6
proposals ranging from $6,789,520 to $8,583,265, with Knife River submitting the low bid. Per
the cost share agreement, Albertville's share of project is $216,015. It is understood the County
Board will be awarding at the project in March.
City Administrator's Update Page 2 of 2 March 7, 2022
Agenda Page 38