2022-08-01 City Council Agenda Packet
City of Albertville Council Agenda
Monday, August 1, 2022
City Council Chambers
7 pm
6:15 pm – Council Workshop for 2023 Preliminary Budget – Council Chambers
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public Forum
and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes.
1. Call to Order
2. Pledge of Allegiance – Roll Call Pages
3. Recognitions – Presentations - Introductions
1. Introduction of the new Albertville Royalty Court
4. Public Forum – (time reserved 5 minutes)
5. Amendments to the Agenda
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed
on the Consent Agenda following the approval of the remaining Consent items. Items pulled
will be approved by a separate motion.
A. Approve the July 18, 2022, regular City Council Meeting minutes as presented. 3-7
B. Authorize the Monday, August 1, 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.
8
C. Reduce Letter of Credit No. 1053431344, held as security for The Preserve at Albertville,
to no less than $211,435 conditioned on any outstanding balances owed to the City being
paid in full.
9
7. Public Hearing
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.)
B. Building – None
C. City Clerk – None
City of Albertville City Council Agenda
Monday, August 1, 2022 Page 2 of 2
D.Finance
1.Approve Tort Liability Insurance Renewal 10-12
(Motion to not waive the City’s monetary limits on tort liability established by
Minnesota Statues, Section 466.04.)
2.Approve a Gas Franchise Fee with CenterPoint Energy 13-15
(Motion to adopt Ordinance No. 2022-10 implementing a Gas Service Franchise Fee
on CenterPoint Energy Minnesota Gas for providing gas service within the City of
Albertville.)
E.Fire Department – Verbal Update
F.Planning and Zoning – None
G.Public Works/Engineering
1.Waste Water Treatment Plant Presentation
H.Legal
1.Interim Moratorium on new Outdoor Storage Areas in Industrial – Zoned
Districts
16-20
(Motion to adopt Resolution No. 2022-25 adopting an Interim Ordinance enacting a
Moratorium on the Establishment of Outdoor Storage Areas on Industrial Zoned
Properties within the City of Albertville. (Adoption of the Resolution automatically
adopts the Ordinance.)
I.Administration
1.City Administrator’s Update 21-22
10.Announcements and/or Upcoming Meetings
August 8 STMA Arena Board, 6 pm
August 9 Primary Election – polls open 7 am to 8 pm
August 10 Planning Commission, 7 pm (Wednesday)
August 15 Council Budget Workshop, 6:15 pm
August 15 City Council, 7 pm
August 22 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
August 29 Joint Governance Meeting, 6 pm
11.Adjournment
ALBERTVILLE CITY COUNCIL
DRAFT REGULAR MEETING MINUTES July 18, 2022 – 7 pm
Council Chambers
Albertville City Hall
1. Call to Order
Mayor Hendrickson called the meeting to order at 7 pm.
2. Pledge of Allegiance – Roll Call
Present: Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski
Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Attorney Couri, Finance
Director Lannes and City Clerk Luedke
3. Recognitions – Presentations – Introductions
1. Long Term Plan Presentation by Abdo
Mr. Tyler See introduced the item and explained the process used in developing the City’s long-
range financial plan. He reported on the estimated property taxes through the year 2027 and went
through the assumptions that ABDO and City staff reviewed for the projected numbers which
included the tax levy information, tax rate comparison, cash balances and the debt balances. Mr. See
also reviewed the capital outlay through 2025 which included a new wastewater treatment facility
and street reconstruction projects in both 2024 and 2025. He answered questions from Council.
City Administrator Nafstad provided information on the street reconstruction projects planned for
2024 and 2025 and answered questions from Council.
The Council thanked Mr. See for attending the meeting and for the presentation.
4. Public Forum
Mr. Larry Boller, 10917 57th Street, Albertville, said he had to topics he would like to discuss. He
said he was in favor of the golf cart ordinance and the permitting process but said he would like to
find ways to connect the City from one side of the freeway to the other. Mr. Boller asked if there
was a recreational vehicle guidebook available for applicants. City Administrator Nafstad answered
questions from Mr. Boller and said City staff was in the process of creating a guidebook. Mr. Boller
said he was also concerned with the cost of policing in the City of Albertville. He felt there was
more crime in the City, longer response times and that the policing was more reactive instead of
proactive. He proposed the cities of Albertville, St. Michael, Hanover and Otsego start their own
police department and said he would like to see a task force be formed to discussed the issue.
The City Council thanked Mr. Boller for attending the meeting.
5. Amendments to the Agenda
MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to approve the
July 18, 2022, agenda as submitted. 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 July 18, 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 June 20, 2022, regular City Council Meeting minutes as presented.
B.Authorize the Monday, July 18, 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 Report.
D.2nd Quarter Budget to Actual Report
E.Approve a Lawful Gambling Exempt Permit Application for the Church of St. Albert’s
Annual Parish Festival on September 18, 2022, to be located at St. Albert Parish Center.
F.Approve a Temporary Liquor License for the Church of St. Albert’s Annual Parish
Festival on September 18, 2022, to be located at St. Albert Parish Center.
G.Approve a Major Temporary Outdoor Music Permit for the Villa Bar and Grill for July
23 and August 20, 2022, located at 11935 59th Place NE in Albertville.
H.Adopt the following Resolutions imposing civil penalties for liquor license violations
according to Albertville City Code section 4-1-15.
•Resolution 2022-21 imposing civil penalty for a liquor license violation occurring on
June 22, 2022, at Kwik Trip, INC dba Kwik Trip #1020, 6300 LaBeaux Avenue NE.
•Resolution 2022-22 imposing civil penalty for a liquor license violation occurring on
June 22, 2022, at Coborn’s INC dba Coborn’s Liquor, 5600 LaCentre Avenue NE.
•Resolution 2022-23 imposing civil penalty for a liquor license violation occurring on
June 22, 2022, at DGA Corporate dba El Bamba, 5986 Main Avenue.
•Resolution 2022-24 imposing civil penalty for a liquor license violation occurring on
June 22, 2022, at EK Restaurant LLC dba Villa Bar and Grill, 11935 59th Place NE.
I.Release Letter of Credit No. 163975275, held as security for the Goddard School, in full,
conditioned on any outstanding balances owed to the City being paid in full.
City Clerk Luedke answered questions from Council on item H. regarding the civil penalties being
imposed to the liquor establishments that failed the alcohol compliance checks.
MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve
the July 18 , 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.
Wright County Deputy Kroll reviewed the incidents that have happened in the City of Albertville
within the last few weeks.
The Council thanked the Deputy and the Wright County Sheriff’s Department for their service.
9.Department Business
Agenda Page 4
City Council Meeting Draft Minutes Page 3
Regular Meeting of July 18, 2022
A. City Council
1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC)
Councilmember Zagorski provided an update from the STMA Operating Referendum Steering
Committee which included information on when STMA School Board would vote on whether to
move forward with a 2022 school referendum. City Administrator Nafstad answered questions from
the Council regarding the meeting. There was Council discussion regarding the STMA Operating
Steering Committee and the possible upcoming school referendum.
Councilmember Olson provided an update from the FYCC meeting and said the summer activities
are going well and, in the future, FYCC would be meeting quarterly instead of monthly. He said the
Parks Committee also met and discussed the Parks Night event.
Councilmember Hudson said the trip to Washington DC that the I-94 Coalition went on to advocate
for the I-94 Gap project grant was very productive and provided details on the trip. Mayor
Hendrickson answered questions from the other Councilmembers regarding the trip.
B. Building – None
C. City Clerk – None
D. Finance – None
E. Fire Department Update
1. 2022 Standard Operating Policies and Procedures
Chief Bullen provided background information regarding the proposed changes to the Standard
Operating Policies and Procedure (SOP). He reported the format had changed since the last time the
item came before Council (April 2020). He explained the proposed changes to the SOP which
included the promotional process and he answered questions from Council.
City Attorney Couri answered questions from Council regarding the proposed changes.
MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve
revisions and updates to the 2022 Fire Department Standard Operating Policies and Procedures.
Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried.
2. Draft 2023 Albertville – Otsego Fire Protection Agreement
Chief Bullen provided details on the draft 2023 Albertville – Otsego Fire Protection Agreement
which included the contract terms, the length of the contract, payment installments and notification
period needed for contract termination. He said the contract also included the addition of conducting
fire inspections in Otsego beginning in 2023 and the reimbursement terms. Chief Bullen answered
questions from Council regarding the proposed contract and stated the contract had not been
reviewed by the City Attorney yet.
City Attorney Couri answered questions from Council regarding the draft Fire Protection contract.
The Council thanked Chief Bullen for attending the meeting.
F. Planning and Zoning – None
Agenda Page 5
City Council Meeting Draft Minutes Page 4
Regular Meeting of July 18, 2022
G. Public Works/Engineering
1. Approve Purchase of S66 T4 Bobcat Skid Steer Loader
Public Works Supervisor Guimont provided details on the Bobcat skid loader and explained the
trade-in program if the new skid loader were purchased. He answered questions from Council.
City Administrator Nafstad and Finance Director Lannes answered questions from Council.
MOTION made by Councilmember Zagorski, seconded by Councilmember Cocking to approve
purchase of a new S66 T4 Bobcat Skid Steer Loader in the amount of $51,141 and trading in the
City’s 2016 S630 for a trade-in amount of $30,000. Ayes: Cocking, Hendrickson, Hudson, Olson
and Zagorski. Nays: None. The motion carried.
H. Legal
1. Cleanup of Maeyaert Property
City Attorney Couri stated the contractor did a great job on the clean-up of the Maeyaert property
which included seven 40-yard dumpsters of items, removal of the second non-compliant driveway
and they regraded the back yard. He explained the process if nuisance items were brought back on
the property and how the project was to be assessed to the property owner.
City Administrator Nafstad answered questions from Council regarding the process and thanked
City Attorney Couri for his assistance in the process.
I. Administration
1. City Administrator’s Update
City Administrator Nafstad reported City staff was still working on a date for the Commission
Appreciation event. He said a Joint Governance meeting with the City of St. Michael and the
STMA School Board was scheduled for August 29, 2022 at the City of Albertville.
Administrator Nafstad also said there has been a lot of construction activity in the City and provided
dates for upcoming street reconstruction projects. He said at the next Council meeting, City staff
would be presenting a concept plan for the new Waste Water Treatment Plant.
2. Central Park Topics
City Administrator Nafstad said the Albertville Lions have donated funds to be used for a new score
board for the baseball field. He said he would be scheduling a meeting with the baseball
stakeholders to discuss the design of the new scoreboard and would bring the item back to the
Council for approval. He stated the Lions expressed an interest in participating in other Central Park
improvements and answered questions from Council.
Public Works Supervisor Guimont answered questions from Council regarding the irrigation system
in Central Park.
Announcements and/or Upcoming Meetings
July 25 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
August 1 Council Budget Workshop, 6:15 pm
August 1 City Council, 7 pm
August 8 STMA Arena Board, 6 pm
Agenda Page 6
City Council Meeting Draft Minutes Page 5
Regular Meeting of July 18, 2022
Announcements and/or Upcoming Meetings - continued
August 9 Primary Election – polls open 7 am to 8 pm
August 10 Planning Commission, 7 pm
August 15 Council Budget Workshop, 6:15 pm
August 15 City Council, 7 pm
10. Adjournment
MOTION made by Councilmember Cocking, second by Councilmember Hudson to adjourn the
meeting at 8:40 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The
motion carried.
Respectfully submitted,
____________________________
Kristine A. Luedke, City Clerk
Agenda Page 7
Mayor and Council Request for Action
August 1, 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, August 1, 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 Expenses/Vendors (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
Mayor and Council Request for Action
August 1, 2022
SUBJECT: CONSENT – ADMINISTRATION - THE PRESERVE AT ALBERTVILLE - LETTER OF
CREDIT REDUCTION NO. 2
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider
approval of the following motion:
MOTION TO: Reduce Letter of Credit No. 1053431344, held as security for The Preserve at
Albertville, to no less than $211,435 conditioned on any outstanding balances owed to the City
being paid in full.
BACKGROUND: The Developer has requested a reduction to the Letter of Credit held for The
Preserve at Albertville. The Letter of Credit is held as performance and warranty security for the
site improvements and is currently in the amount of $320,251.
Assuming the developer is current with all fees owed to the City and based on work completed to
date, it is recommended that Letter of Credit No.1053431344 be reduced to no less than
$211,435. The reduced balance is believed to be sufficient surety and is consistent with the
development agreement.
KEY ISSUES:
• This reduction does not constitute acceptance of improvements.
POLICY CONSIDERATIONS: It is City policy to have all Letter of Credit reductions
approved by the City Council
FINANCIAL CONSIDERATIONS: There are no financial implications for this request
LEGAL CONSIDERATIONS: The City has the legal authority under the development
agreement to reduce the Letter of Credit upon completion of the required improvements or deny
requests for reduction if the required improvements are found unacceptable.
Submitted Through: Adam Nafstad, City Administrator-PWD
On File: LOC Reduction History
Agenda Page 9
Mayor and Council Request for Action
August 1, 2022
SUBJECT: FINANCE – TORT LIABILITY INSURANCE RENEWAL
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Not waive the City’s monetary limits on tort liability established by Minnesota
Statues, Section 466.04.
BACKGROUND: The City decided not to waive the monetary limits the past few years.
Waiving the monetary limits increases exposure and raises the premium on an average of 3%.
The League of Minnesota Cities Insurance Trust (LMCIT) requires “Cities obtaining liability
coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to
waive the statutory tort limits to the extent of the coverage purchased. This decision must be
made by the City Council. Cities purchasing coverage must complete and return this form to
LMCIT before the effective date of the coverage.”
The City Council must decide to waive or not waive the statutory limits prior to the October 1,
2022 expiration/renewal date per LMCIT requirements in order for coverage to continue beyond
that date. Upon submission of this "signed and dated" Waiver Form, the LMCIT will issue an
Extension of Coverage Binder effective with an October 1, 2022 effective date.
It usually takes more than thirty (30) days for the LMCIT to process a renewal application. The
Extension of Coverage Binder assures the City of coverage beyond the October 1, 2022 renewal
date.
POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve
tort liability options annually.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends not waiving the
tort liability.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to contract for
insurance coverage including waiving the statutory tort liability limit.
Responsible Person: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachment:
• Liability Coverage – Waiver Form
Agenda Page 10
LIABILITY COVERAGE – WAIVER FORM
Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust
(LMCIT) must complete and return this form to LMCIT before the member’s effective date of
coverage. Return completed form to your underwriter or email to pstech@lmc.org.
The decision to waive or not waive the statutory tort limits must be made annually by the
member’s governing body, in consultation with its attorney if necessary.
Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort
liability limits to the extent of the coverage purchased. The decision has the following effects:
• If the member does not waive the statutory tort limits, an individual claimant could recover no more
than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could
recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000.
These statutory tort limits would apply regardless of whether the member purchases the optional
LMCIT excess liability coverage.
• If the member waives the statutory tort limits and does not purchase excess liability coverage, a single
claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap
liability limits are only waived to the extent of the member’s liability coverage limits, and the LMCIT
per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to
which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of
claimants.
• If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant
could potentially recover an amount up to the limit of the coverage purchased. The total all claimants
could recover for a single occurrence to which the statutory tort limits apply would also be limited to
the amount of coverage purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
Agenda Page 11
2
LMCIT Member Name:
__________________________________________________________________________
Check one:
o The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn.
Stat. § 466.04.
o The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. §
466.04, to the extent of the limits of the liability coverage obtained from LMCIT.
Date of member’s governing body meeting: _____________________________________________
Signature: Position: ________________________________
Agenda Page 12
Mayor and Council Request for Action
August 1, 2022
SUBJECT: FINANCE – APPROVE A GAS FRANCHISE FEE WITH CENTERPOINT
ENERGY
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: adopt Ordinance No. 2022-10 implementing a Gas Service Franchise Fee on
CenterPoint Energy Minnesota Gas for Providing Gas Service within the City of Albertville.
BACKGROUND: The City has imposed a franchise fee on Cable and Electric utilities with
discussion of adding a franchise fee on Gas utilities in the future. Staff has estimated that the
revenues would mirror the electric franchise amount of at least $120,000 if the fee is five percent
(5%) of company revenue. Staff has reached out to CenterPoint Energy several times to obtain
this information with no response. The implementation of the gas franchise will follow the same
process as electric. City Council would pass the ordinance to implement the gas service franchise
fee and at a later date pass an ordinance setting the franchise fee to be paid.
KEY ISSUES:
• The City has a franchise ordinance in place with CenterPoint and the ordinance allows
the City to impose a franchise fee.
• The fee proposed is five percent (5%) of company revenues, with a projected collection
of an estimated $120,000 annually.
FINANCIAL CONSIDERATIONS: The gas franchise fee is estimated to generate $120,000 in
revenue for the City of Albertville.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to implement a Gas
Service Franchise Fee on CenterPoint Energy.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment:
• Ordinance No. 2022-10 implementing a Gas Franchise Fee
Agenda Page 13
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2022-10
AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON
CENTERPOINT ENERGY RESOURCES CORP. D/B/A CENTERPOINT ENERGY
MINNESOTA GAS, A DELAWARE CORPORATION, ITS SUCCESSORS AND
ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF ALBERTVILLE
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Purpose. The Albertville City Council has determined that it is in the best
interest of the City to impose a franchise fee on those public utility companies that provide gas
services within the City of Albertville. Pursuant to City Ordinance No. 2003-7, a Franchise
Agreement between the City of Albertville and CenterPoint Energy Resources Corp. d/b/a
CenterPoint Energy Minnesota Gas, a Delaware corporation, its successors and assigns,
(“Company”) the City has the right to impose a franchise fee on the Company.
Section 2. Fee Schedule. A franchise fee is hereby imposed on the Company under its
gas franchise in accordance with the amount and fee design set forth in a separate ordinance not
to exceed five percent (5%) of the Company’s Gross Revenues.
This fee is an account-based fee on each premise and not a meter-based fee. In the event
that an entity covered by this ordinance has more than one meter at a single premise, but only
one account, only one fee shall be assessed to that account. If a premise has two or more meters
being billed at different rates, the Company may have an account for each rate classification,
which will result in more than one franchise fee assessment for gas service to that premise. If the
Company combines the rate classifications into a single account, the franchise fee assessed to the
account will be the largest franchise fee applicable to a single rate classification for energy
delivered to that premise. In the event any entities covered by this ordinance have more than one
premise, each premise (address) shall be subject to the appropriate fee. In the event a question
arises as to the proper fee amount for any premise, the Company’s manner of billing for energy
used at all similar premises in the city will control.
Section 3. Payment and Fee Modification. The franchise fee shall be payable quarterly
and shall be based on the amount collected by Company during complete billing months during the
period for which payment is to be made. The payment shall be due the last business day of the
month following the period for which the payment is made. Such fee shall not exceed any amount
that the Company may legally charge to its customers prior to payment to the City by imposing a
surcharge equivalent to such fee in its rates for gas service. The franchise fee may be increased or
decreased by ordinance from time to time, however any such change may not occur more often than
annually. No franchise fee shall be payable by Company if Company is unable to first collect an
amount equal to the franchise fee from its customers in each applicable class of customers by
imposing a surcharge in Company’s applicable rates for gas service. Company may pay the City the
fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles,
refunds and correction of erroneous billings. Company agrees to make its records available for
inspection by the City at reasonable times provided that the City and its designated representative
agree in writing not to disclose any information which would indicate the amount paid by any
Agenda Page 14
City of Albertville
Ordinance No. 2022-10
Meeting of August 1, 2022
Page 2
identifiable customer or customers or any other information regarding identified customers that is
non-public by law.
Section 4. Surcharge. The City recognizes that the Minnesota Public Utilities
Commission may allow the Company to add a surcharge to customer rates of city residents to
reimburse the Company for the cost of the fee. The Company agrees that it is prohibited from
adding an administrative fee of any kind on to the franchise fee.
Section 5. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with Section ______ of the Franchise Agreement.
Section 6. Effective Date of Franchise Fee. The effective date of fee collection shall be
__________ or _______ (__) days after the City sends written notice enclosing a copy of this
adopted Ordinance to the Company by certified mail, whichever date is later.
Section 7. Effective Date. This ordinance becomes effective from and after its passage
and publication.
Adopted by the City Council of the City of Albertville on this 1st day of August 2022.
____________________________
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 15
Mayor and Council Request for Action
August 1, 2022
SUBJECT: LEGAL - INTERIM MORATORIUM ON NEW OUTDOOR STORAGE
AREAS IN INDUSTRIAL - ZONED DISTRICTS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2022-25 adopting an Interim Ordinance enacting a
Moratorium on the Establishment of Outdoor Storage Areas on Industrial Zoned Properties
within the City of Albertville. (Adoption of the Resolution automatically adopts the Ordinance.)
BACKGROUND: The City has recently approved the AVA Plat and a conditional use permit
for a large outdoor storage area accompanying the AVA building, approved a large outdoor
storage area accompanying the new Scherer Bros Lumber building, and has recently received an
application for a mini-storage development with a proposed large outdoor storage area to be
located on property just east of the AVA building. City staff is concerned that given Albertville’s
limited available land, its industrial land be developed in a manner that appropriately balances
the amount of building square footage and outdoor storage space. This issue is critical to the
City’s tax base as outdoor storage generally uses much more land than a building but adds very
little to the City’s tax base and generally does not generate a lot of jobs. City staff would like the
City to review this issue and to determine whether changes should be made to the City’s zoning
ordinances to establish a ratio of building square footage to outdoor storage square footage that
will increase the amount of tax base that will ultimately locate on the limited industrial acreage
remaining in the City.
KEY ISSUES:
• Historically, Albertville has maintained a good ratio of building square footage to
outdoor storage in its industrial park.
• Completion of the six lane I-94 project to CSAH 19 and the recent transition to
developing the northwest quadrant of the City for industrial uses is likely to attract
interest from more freeway-oriented industrial uses which generally result in smaller
buildings and larger outdoor storage areas, which in turn yields less tax base than
traditional industrial development that has been common in Barthel Industrial Park.
• The northwest quadrant of the City contains the last largely undeveloped acreage in the
City that can practically be used for industrial purposes.
• A moratorium may last no more than one year, cannot be renewed, and can be terminated
at any time by the City Council.
• The moratorium will give the City time to consider whether it wants to establish a
minimum ratio of building square footage to outdoor storage square footage.
POLICY/PRACTICES CONSIDERATIONS: It has been a long-standing goal of the City to
encourage the growth of the City’s industrial tax base. Examining current policies and
considering changes to these policies may help the City better achieve this goal.
Agenda Page 16
Mayor and Council Request for Action - August 1, 2022
Legal - Interim Moratorium on New Outdoor Storage Page 2 of 2
FINANCIAL CONSIDERATIONS: Increasing the City’s industrial tax base will help
diversify the City’s tax base which is currently heavily reliant on residential and commercial
valuation. A diversified tax base helps to reduce fluctuations in the tax rate and additional
industrial tax base will reduce the tax burden on existing properties in the City.
LEGAL CONSIDERATIONS: The City has the authority through its zoning ordinance to limit
the amount of outdoor storage in any zoning district.
Responsible Person: Al Brixius, City Planner; Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Resolution No. 2022-25 Adopting an Interim Ordinance Enacting a Moratorium on the
Establishment of Outdoor Storage Areas on Industrial Zoned Properties
• Interim Ordinance No. 2022-11 Establishing a Moratorium on the Establishment of
Outdoor Storage Areas on Industrial Zoned Properties
Agenda Page 17
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2022-25
RESOLUTION ADOPTING AN INTERIM ORDINANCE ENACTING A MORATORIUM
ON THE ESTABLISHMENT OF OUTDOOR STORAGE AREAS ON INDUSTRIAL
ZONED PROPERTIES WITHIN THE CITY OF ALBERTVILLE
WHEREAS, the Albertville City Council believes that changes may be warranted in the
amount of outdoor storage that is allowed in its light industrial zoning district; and
WHEREAS, the Albertville City Council has determined that in order to protect the planning
process and insure the health, safety, and welfare of the citizens of the City of Albertville, the presently
existing ordinances and controls need to be reevaluated to determine what, if any, changes should be
made relating to outdoor storage areas that are allowed in its light industrial zoning district; and
WHEREAS, the City Council desires that the City Planning Commission and City Council
study the City’s current comprehensive plan and zoning ordinance and report to the City Council
regarding any proposals for change in either control that the Planning Commission might arrive at
with regard to outdoor storage areas that are allowed in its light industrial zoning district; and
WHEREAS, the City needs a period of time within which to conduct these studies and to
implement any needed changes.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALBERTVILLE:
1. The attached interim ordinance entitled “An Interim Ordinance Establishing a Moratorium
on the Establishment of Outdoor Storage Areas on Industrial Zoned Properties within the
City of Albertville” is hereby adopted.
2. The City of Albertville Planning Commission is hereby directed to study and review the
City’s Comprehensive Plan and Ordinances to determine what changes, if any, may be
required in the regulation of outdoor storage areas that are allowed in its light industrial
zoning district in order to protect the value of properties within the City of Albertville, to
insure proper land use controls, and to facilitate compatibility between such property and the
surrounding property and to recommend the same to the Albertville City Council.
Adopted by the City Council of the City of Albertville this 1st day of August 2022.
______________________________
Jillian Hendrickson, Mayor
ATTEST:
___________________________
Kristine A. Luedke, City Clerk
Agenda Page 18
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2022-11
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE
ESTABLISHMENT OF OUTDOOR STORAGE AREAS ON INDUSTRIAL ZONED
PROPERTIES WITHIN THE CITY OF ALBERTVILLE
The City Council of the City of Albertville ordains As Follows:
Section 1. Intent. It is the intent of this Interim Ordinance to allow the City of Albertville to
complete review of the presently existing Zoning and Ordinance in relation to the amount of
outdoor storage that is allowed in Industrial Zoning Districts in relation to the size of the building
located on the property, and to make appropriate changes in the same in order to protect the value of
properties within the City of Albertville, to insure proper land use controls, and to facilitate
compatibility between such property and the surrounding property. The need to study these
ordinance provisions arises from the recent approval and construction of two industrial projects in
the City with very large outdoor storage areas, the receipt of an application for a mini storage
facility with outdoor storage, and the impact such projects are having on the limited industrial land
available in the City.
Section 2. Authority and Purpose. The City Council is empowered by Minn. Stat.
462.355, Subd. 4 to pass an interim ordinance, applicable to all or a portion of its jurisdiction, for
the purpose of protecting the planning process and the health, safety, and welfare of its citizens.
Section 3. Temporary Prohibition. For one year after the effective date of this ordinance,
or until such earlier time as the Albertville City Council determines by resolution that the reasons
for the moratorium no longer exist:
A. No new outdoor storage areas shall be established in Industrial-zoned districts in which
the square footage of such outdoor storage areas is greater than three times the square
footage of the principal building located on such property.
B. Applications in process by the City at the time of the passage of this interim ordinance
by the City Council (including the mini-storage application referred to above) shall not
be subject to this temporary prohibition, provided that a complete application for such
outdoor storage has been submitted at the time of the passage of this interim ordinance.
Section 4. Misdemeanor. Any person, persons, firm or corporation violating any provisions
of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished
pursuant to Minn. Stat. 609.02, Subd. 3, or as subsequently amended, plus costs of prosecution.
Section 5. Injunctive Relief. In the event of a violation of this ordinance, the City may
institute appropriate actions or proceedings, including requesting injunctive relief to prevent,
restrain, correct, or abate such violations.
Agenda Page 19
City of Albertville
Ordinance No. 2022-11
Meeting of August 1, 2022
Page 2
Section 6. Separability. It is hereby declared to be the intention that the several provisions
of this ordinance are separable in accordance with the following: if any court of competent
jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not
affect any other provisions of this ordinance not specifically included in said judgment.
Section 7. Effective Date. This ordinance shall take effect from and after its passage, and
shall remain in effect until one year after the effective date, unless a shorter period of time is
approved by proper resolution of the Albertville City Council.
Adopted by the City Council of the City of Albertville this 1st day of August, 2022.
__________________________________
Jillian Hendrickson, Mayor
ATTEST:
_________________________
Kristine A. Luedke, City Clerk
Agenda Page 20
City Administrator’s Update
July 28, 2022
GENERAL ADMINISTRATION
Commission and Committee Appreciation Event: We are working on potential dates for the
appreciation event for our Commissioners and Park Committee members.
2022 Candidate Filing: The Mayor and two Councilmember seats will be up for election on the
November ballot. Filing for these offices begins Tuesday, August 2 and runs through Tuesday,
August 16. Candidates must be 21 by Election Day, reside in Albertville at least 30 days before
the election, and be an eligible voter. Filing is available at the City Hall and the cost is $15.
Absentee Voting: Absentee voting for the August 9 Primary Election continues through August
8, 2022. The Albertville City Hall is open 7 am to 5:30 pm Monday through Thursday for in-
person voting and will also be open on Saturday, August 6 from 10 am to 3 pm. Direct Balloting
begins on Tuesday, August 2 which allows the absentee voter to place their voted ballot directly
into the ballot counter instead of a series of envelopments for later processing.
Joint Governance Meeting: The Joint Governance meeting with the City of St. Michael and the
STMA School Board is scheduled for August 29, 2022 at 6 pm at Albertville City Hall.
St. Michael Daze and Knight Social: The St. Michael City Council has invited the Albertville
Council and staff to a social hour during the annual Daze and Knights celebration on Friday,
August 12 at 5 pm in the beer tent located between the St. Michael City Hall and Allina Clinic.
Gas Franchise Fee: The proposed fee is included in the packet for Council consideration. The
draft 2023 Budget does not include the fee revenue, which is estimated at approximately
$120,000.
Self-Storage Application: The Darkenwald Corporation has submitted application for a self-
storage/mini storage plat on Karmen Ave NE, which will be presented to the Planning
Commission on August 10 and to the Council in September.
Particle Control: Particle Control recently applied for a building expansion and plat, which will
be presented to the Planning Commission on August 10 and to the City Council either August 15
or at the September 5 meeting.
Baseball Scoreboard: The Albertville Lions donated funds to furnish and install an electronic
score board at the Central Park baseball field (Field #3). Staff is working with the various
baseball groups to finalize the scoreboard design and will present the final design to the Council
in August.
Agenda Page 21
City Administrator’s Update Page 2 of 2 July 28, 2022
ENGINEERING/PUBLIC WORKS
2022 Overlay Project: Paving of the Albert Villas area streets and Villa Park parking lot is
scheduled for the week of Aug. 1.
Barthel Industrial Dr. Project: A pre-construction meeting was held on July 14. The Contractor
has scheduled the work to begin on August 1 and plans to be have all work complete by
September 1.
53rd and CSAH 19 Signal: Plans are near complete and the project will be bid in August.
Central Park: We are getting quotes to construct a parking lot, plaza areas, and a walkway
through the park. Ideally work could begin this fall around September 15 once the Thursday
concert series are complete.
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.
WWTP Reed Bed Elimination: Concept plans for biosolid improvements and related WWTP site
improvements will be presented at the meeting.
County Highway 37 Construction: The County Highway 37 project, from Hwy 19 to Hwy 18, is
underway and is scheduled to be completed by October 15, 2022.
Upcoming August Events:
• August 9 – Primary Election polls open 7 am to 8 pm
• August 12 – St. Michael Daze and Knights Social hour
Agenda Page 22