2018-03-05 City Council Agenda Packet
City of Albertville Council Agenda
Monday, March 5, 2018
City Council Chambers
7:00 p.m.
6:00 p.m. – VISION WORKSHOP
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.
P:\City Council\Council Agendas\2018 Agenda Packets\2018-03-05 City Council Agenda.docx
Meeting Date: March 5, 2018
1. Call to Order
2. Pledge of Allegiance – Roll Call
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.
These items will be approved by a separate motion.
A. Approve the February 5, 2018 regular City Council meeting minutes as presented (pgs
4-11)
B. Authorize the Monday, March 5, 2018 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 (pg 12)
C. Authorize an Interlocal Contract for Cooperative Purchasing with HGACBuy (pgs 13-
17)
7. Public Hearings – None
8. Department Business
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
Agenda Page 1
City of Albertville Council Agenda
Monday, March 5, 2018 Page 2 of 3
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Meeting Date: March 5, 2018
B. Planning/Zoning
1). Kwik Trip Rezoning and CUP (pgs18-64 )
(Motion to adopt Ordinance Number 2018-05 approving the rezoning of the
parcel from B-2A, Special Business District to B-3, Highway Business District.)
(Motion to adopt Resolution Number 2018-006 approving conditional use
permits for the gas sales, car wash, and the greater than 25% impervious
surface.)
(Motion to authorize the City to enter into a Stormwater Management Agreement
between the City of Albertville and Kwik Trip Incorporated.)
2). Heuring Meadows – High Density Residential Concept Plan (pgs 65-97)
3). Industrial District Amendments (pgs 98-106)
(Motion to adopt Ordinance Number 2018-06 approving amendments to the
city’s existing code surrounding requirements for building height, lot area and
setbacks within the city’s I-1 and I-2 Industrial Districts.)
4). Kennel Ordinance Amendment (pgs 107-132)
(Motion to adopt Ordinance Number 2018-07 approving amendments to Title 6,
Chapter 2, Animal Control in the City Code and authorize publication of a
summary ordinance.)
(Motion to adopt Ordinance Number 2018-08 approving amendments to Section
4500 and 4600 of the Albertville Zoning Ordinance regarding commercial
kennels and authorize publication of a summary ordinance.)
C. Fire – None
D. Finance – None
E. City Clerk – None
F. Public Works/Engineering – None
G. Building – None
H. Legal – None
I. Administration - None
Agenda Page 2
City of Albertville Council Agenda
Monday, March 5, 2018 Page 3 of 3
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Meeting Date: March 5, 2018
9. Announcements and/or Upcoming Meetings
March 12 STMA Ice Arena Board, 6:00 p.m.
March 13 Planning Commission, 7:00 p.m.
March 19 City Council, 7:00 p.m.
March 26 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
April 2 City Council, 7:00 p.m.
April 9 STMA Ice Arena Board, 6:00 p.m.
April 10 Planning Commission, 7:00 p.m.
April 16 City Council, 7:00 p.m.
April 23 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
April 30 Joint Governance Meeting, TBD
MARCH
Su M Tu W Th F Sa
1 2 3
4 CC 5 6 7 8 9 10
11 Ice 12 PC 13 14 15 16 17
18 CC 19 20 21 22 23 24
25 JP26PK 27 28 29 30 31
APRIL
Su M Tu W Th F Sa
1 CC 2 3 4 FB5 6 7
8 Ice 9 PC 10 11 12 13 14
15 CC 16 17 18 19 20 21
22 JP23PK 24 25 26 27 28
29 JM 30
10. Adjournment
Agenda Page 3
Page 1
ALBERTVILLE CITY COUNCIL
Monday, February 5, 2018
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:00 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Council members Cocking, Hudson, Olson, and Vetsch
Absent: None
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, Fire Chief Eric
Bullen, City Planner Alan Brixius, Public Works Supervisor Tim Guimont, Water/Wastewater
Supervisor John Middendorf, Finance Director Tina Lannes, and City Clerk Kimberly Hodena
Others Present: Samara Postuma, Ryan Imdieke, Commissioner Michael Potter, Otsego
Councilmember Jason Warehime
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS
A. 2017 Fire Service Awards
Fire Chief Bullen reported there were two retirements in 2017: Mark Driste and Paul Mahar, each
with 3 years of service. He further reported that the department average number of volunteer hours
is 46.3 hours and recognized the top volunteers.
Bullen presented the following with service awards as listed below.
o 5 years:
Firefighter Jake Kreutner
o 10 years:
Lieutenant Kyle Anderson
Firefighter Dean Eull
Firefighter Brad Lawinger
o 15 years:
Firefighter Paul Gonsior
Firefighter Ron Tiernan
Agenda Page 4
City Council Meeting Minutes Page 2
Regular Meeting of February 5, 2018
Bullen reported that Firefighter Kyle Anderson was the top caller of the year responding to 241 calls
or 71.30% of all calls. Bullen credited Anderson’s employer for allowing him to respond to daytime
calls from work and he would like to thank Anderson’s employer formally at a future meeting.
Bullen presented Gerald Gerads the Paul Heinen Above and Beyond Award. He reported that this
award is voted on strictly by the membership and it reflects well on the department that so many
members were nominated for the award.
B. Years of Service Recognition – Tim Guimont
Hendrickson presented Guimont a certificate of recognition for 20 years of dedicated service to the
City of Albertville. The City Council thanked Guimont for his service.
C. Andy Burmeister – LGN
Burmeister provided an update to the Council. He reported there was a delay in the budget at the
federal level and congress is trying to work to keep the government funded into 2019. The President
has proposed a $1.5 trillion infrastructure plan for projects such as transportation, schools,
wastewater treatment, and broadband.
Burmeister currently reported that the I-94 Coalition has sent in applications for Corridors of
Commerce funding for the I-94 expansion. He stated that he is working with the MN delegation to
expand awareness of the project. He listed several possible funding sources. He emphasized that
visiting D. C. has a big impact on the members of Congress letting them that local leaders care about
these initiatives. Nafstad inquired if it would be beneficial for Council to attend the National League
of Cities conference that is coming up. Burmeister advised it would be yet another opportunity to
identify issues as well as solutions to the issues and ask for assistance in a systematic approach.
Cocking inquired if congressional staff remained the same once Senator Smith took office after
Franken resigned. Burmeister stated that he believed the transportation staff remained the same.
4. PUBLIC FORUM
There was no one present for the forum.
5. AMENDMENTS TO THE AGENDA
Nafstad added Representative Lucero to the agenda for a legislative update and Nafstad moved
Douglas Carlson Development Concept further down the agenda as the developers were running late
to the meeting.
Motioned by Hudson, seconded by Olson, to approve the Agenda as amended. Ayes:
Hendrickson, Cocking, Hudson, Olson, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on
the Consent agenda following the approval of the remaining Consent items. These items will be
approved by a separate motion.
Agenda Page 5
City Council Meeting Minutes Page 3
Regular Meeting of February 5, 2018
A. Approve the January 16, 2018 regular City Council meeting minutes as presented
B. Authorize the Monday, February 5, 2018 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. Approve Consumption and Display Liquor License for City Hall located at 5959 Main
Avenue NE
D. Approve Summary Ordinance 2018-02 for publication
E. Approve Summary Ordinance 2018-03 for publication
F. Approve Summary Ordinance 2018-04 for publication
G. Accept Accounts Receivable report
Motioned by Cocking, seconded by Olson, to approve the Consent Agenda as presented. Ayes:
Hendrickson, Cocking, Hudson, Olson, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
7. PUBLIC HEARINGS – None
8. DEPARTMENT BUSINESS
A. Planning/Zoning
1). Border States Electric Conditional Use Permit for Additional Outdoor Storage
Brixius reported that Border States is seeking to amend their existing Conditional Use Permit (CUP)
for additional outdoor storage for truck parking. The site is isolated and screened from adjoining
properties. The application meets the requirements in the I-1 zoning district. He stated there are
some grading conditions listed in the resolution. A public hearing was held by the Planning
Commission and they recommended approval.
Motioned by Vetsch, seconded by Hudson, to adopt Resolution No. 2018-04 approving the
conditional use permit for Border States Industries for expanded outdoor storage at property
located at 11927 53rd Street NE in Albertville. Ayes: Hendrickson, Cocking, Hudson, Olson, and
Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED.
B. City Council
1). Legislative Updated – Representative Eric Lucero
Representative Eric Lucero stated they are working on a legislative preview to the legislative session
and expects focus to be on the following:
• Funding of Legislative Branch
• MNLARS Fix
• Tax Conformity between State and Federal Laws
• Corridors of Commerce Funding
Agenda Page 6
City Council Meeting Minutes Page 4
Regular Meeting of February 5, 2018
Hudson inquired if there has been any discussion regarding a permanent fix that would prevent the
funding dispute such as what occurred last year between the Governor and Legislature. Lucero
replied not as of yet.
Cocking asked for Lucero’s support and possibly authoring a bill to assist Albertville in funding the
Wastewater Treatment Plant Improvements. Lucero stated he would support that and Albertville is
not alone in meeting the requirements of these mandates. Hendrickson felt it important to see the
improvements made when CSAH 19 is already scheduled for construction in 2019 in order to avoid
duplicating construction efforts and costs. Cocking felt this type of project is the core essence of
what bonding is for.
A. Planning - Continued
2). Planning Update – Verbal
Brixius provided the following updates in relation to planning activities:
• Kwik Trip has submitted a development application for the property located at the northeast
corner of the CSAH 19 and I-94 interchange. The site will be a convenience store with gas
sales and carwash; this would require a change in zoning for the lot. It is scheduled for a
public hearing at the February Planning Commission meeting. Brixius stated that Kwik Trip
submitted a very complete development application to the City.
• No applications have been received for the proposed Mall of Entertainment and the City is
not aware of the developer’s schedule.
• D. Michael B’s and Country Inn and Suites are seeking a shared pylon sign. They are hoping
to receive additional height for the sign for improved visibility.
• The Planning Commission will be discussing and will hold a public hearing on changes to
the dog kennel ordinance.
• Staff is reviewing trails to hopefully complete trail connections in the southwest portion of
the City.
Vetsch inquired why the zoning should be changed to allow for another gas station. Brixius stated
that retail and brick/motor store fronts are declining. Kwik Trip would offer grocery and food sales
and would serve the outlet mall and neighborhood area north of I-94 well. Vetsch stated that he is
not sure if that use is in the best interest of the lot. Cocking felt that it would be beneficial to that
are. Hendrickson stated the concept was well received at the State of the Cities event and it would
be a real convenience to those north of I-94. Nafstad stated this is the first application, if not
concept, received in ten years. Brixius added that the owner of the lot has challenged the taxes and
that challenge has now been withdrawn.
3). Central Park Design Concept – Continued Discussion
Brixius presented the newest concept plan for Central Park that showed property acquisition of one
lot and a portion of another to realign 58th Street NE. He stated this provides an additional 8,500
Agenda Page 7
City Council Meeting Minutes Page 5
Regular Meeting of February 5, 2018
square feet of park land. He indicated a new location for a splash pad to the west of the depot
building. Nafstad stated they had changed parking along 58th Street NE and added parking on the
proposed acquired lot.
Nafstad reported that the acquisition of the one lot and demolition of the home would be
approximately $160,000 and the portion of the other lot would be a much smaller cost. He asked
Council for feedback. Hendrickson would like the play equipment upgraded and moved closer to the
splash pad; she supports the acquisition of the lots. Hudson was supportive of the park concept, but
questioned if the acquisition is the best use of taxpayer dollars. He stated he was not convinced at
this point and emphasized they are stewards of public funds. Hendrickson stated the park has an
intangible value; the park is central to the community and she wants the public to continue to utilize
that amenity. Hudson agreed the acquisition has subjective value, but inquired if that value is gained
by re-orienting a street. He felt there are other needs that funds can be spent on and Cocking agreed.
Cocking emphasized the City’s role is to provide core services and provided that road repairs have
been delayed and funds could be used for that instead. Hudson felt further deliberation needs to take
place. Hendrickson was concerned that the City could also incur additional costs if the City does not
purchase the lot. A new owner of the lot could have issues with the park usage so near to the lot.
Nafstad suggested there are numerous expensive improvements in the overall Central Park concept
and perhaps they should prioritize and identify costs associated with the improvements and provide
an implementation schedule. Hendrickson stated that she is sensitive to the timeline of the
improvements and just doesn’t want the improvements to always be a work in progress.
4). Doug Carlson Development Concept
Brixius reported that Douglas Carlson Co. is hoping to develop the Leuer property along CSAH 19
north of the Shoppes at Prairie Run. The prosed concept from the developer would include three
multifamily buildings comprised of 56 units each as well as 34 town homes. Brixius stated the site
is currently zoned as B2-A and would need to be rezoned to fit that type of developments. The
developer is seeking feedback from the Council prior to submitting a formal application. Brixius
stated the apartment buildings would be located along CSAH 19 and the townhomes would be
located between the apartments and the neighborhood to west. Brixius stated this concept would
require the comprehensive plan to be amended. Cocking inquired if a traffic study would be needed
and Brixius reported Wright County would need to approve access and he felt a signal would be
needed at 53rd Street NE.
Hudson asked Hansen why the development is a good investment. Hansen replied that they have a
similar project going in St. Michael and they have seen a high demand for market rate apartments.
He stated that this concept is ideal for residents that may not be ready to purchase a single family
home, but do not meet the income qualifications for income-based apartments. Hansen stated their
goal is to get more people to move to the STMA area. Their studies show that there is a high
demand for rental units. Brixius inquired about management of the rental units. Hansen replied it
would be one company for the apartments and the townhomes. Vetsch expressed his concern about
changes in ownership down the road and mentioned issues the City has faced in the past. Brixius
inquired about exterior design and Hansen replied that the exterior would be brick or smartboard or a
combination of both.
Agenda Page 8
City Council Meeting Minutes Page 6
Regular Meeting of February 5, 2018
Hudson stated that the Council has seen multiple previous concepts for this site and it still sits
empty, essentially frozen in time due to previous comprehensive plan land use recommendations.
He felt the market should drive development of the site and it seems the City is in the way of
development of the site.
Olson stated he was not opposed to the concept and felt it would blend into the residential homes to
the west. Cocking agreed with Hudson and stated he is willing to entertain the concept; he only
concern would be future management of development.
Hansen stated that bringing in more residents can also help to support future commercial
development. He thanked the Council for their time.
B. City Council
2). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
There were no updates.
C. Fire
2). Fire Department Year in Review
Bullen reported there were 338 calls for service in 2017, 184 of those calls being within Albertville.
This was an increase of 62 calls compared to 2016. Fire fighters attended 3202 hours of training and
donated 1482 hours of volunteer service to the community.
Bullen stated that both he and Assistant Fire Chief, Tate Mills received certificates as Fire
Investigation Technicians from the International Association of Arson Investigators. Bullen was
also selected as an alternate for the Board of Directors for the Minnesota State Fire Chiefs
Association for Region 8 - North Suburban, treasurer/secretary of the Metro Chief Fire Officers
Association, and completed the last class for the Director of Emergency Management Certification
through the Minnesota Department of Homeland Security and Emergency Management.
Bullen stated the Fire Department will be looking into purchasing a new fire engine 11 for 2019, but
the order will need to be placed in 2018 with payment in 2019.
D. Finance
2). 4th Quarter Budget to Actual – Un-audited
Lannes reported that Council will see the audited fourth quarter report in April when the audit is
presented by ABDO. Council did not have any questions regarding the report.
E. City Clerk
2). Set 2018 Vision Workshop Meeting Date
Motioned by Cocking, seconded by Olson, to set a Vision Workshop for March 5, 2018 at 6:00
p.m. Ayes: Hendrickson, Cocking, Hudson, Olson, and Vetsch. Nays: None. Absent: None.
MOTION DECLARED CARRIED.
Agenda Page 9
City Council Meeting Minutes Page 7
Regular Meeting of February 5, 2018
3). Set 2018 Local Board of Appeals and Equalization Meeting Date
Motioned by Vetsch, seconded by Hudson, to set the Local Board of Appeals and Equalization
Meeting Date for April 16, 2018 at 6:30 p.m. Ayes: Hendrickson, Cocking, Hudson, Olson, and
Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED.
F. Public Works/Engineering - None
G. Building – None
H. Legal – None
I. Administration
2). I-94 Resolution of Support
Nafstad reported the resolution supports the Interstate 94 expansion with the Corridors of Commerce
Program. He noted the deadline to submit the application for Corridors of Commerce funds was
today, so he had included both the lessor and greater projects costs in the submittal. There are other
corridor projects seeking funding and an announcement is expected in April.
Motioned by Cocking, seconded by Olson, to approve Resolution No. 2018-05 supporting
Interstate 94 Expansion Corridors of Commerce projects. Ayes: Hendrickson, Cocking, Hudson,
Olson, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED.
3). Council Chambers/Multipurpose Room Renovations
Nafstad reported that carpet and paint are original to the building. The walls need to patched and
painted and carpet replaced. Staff is recommending installing a strip of LVT along the kitchen side
of the room where food service lines are usually set up. Carpet would be carpet tiles that could
easily be replaced if and when needed. Staff also recommends replacement of the window
coverings.
Motioned by Hudson, seconded by Cocking, to authorize new flooring, paint, and window
coverings for the Council Chambers and Multi-Purpose Room at a cost not to exceed $22,186.93.
Ayes: Hendrickson, Cocking, Hudson, Olson, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
4). City Administrator’s Update
Nafstad reported he will be setting a Public Works Committee meeting with Cocking and Vetsch.
Nafstad stated the CSAH 18 improvements are currently being designed. Albertville’s share will be
approximately $200,000. Olson inquired where those funds would be taken from and Nafstad
replied transportation capital fund or municipal state aid fund. Vetsch was concerned about the cost
and felt there many other roads in the city that need repairs that have been delayed. He inquired if
this is the best use of taxpayer dollars. Cocking questioned the trail being placed on the south side of
CSAH 18 when there is already an existing trail on the north. Vetsch inquired if the City would get
credit for the existing trail. Olson also stated that the City struggles with improvements funds for
Agenda Page 10
City Council Meeting Minutes Page 8
Regular Meeting of February 5, 2018
roads. Nafstad stated this improvement came about as a result of the new local option sales tax that
was implemented last October. He added that the realignment of the Barthel Industrial Drive NE and
CSAH 18 would provide for a safer intersection. Couri identified the positives of the improvement;
Albertville will have a brand new trail and the City would not have to maintain the trail.
Nafstad reported there will be an I-94 Legislative Preview soon and inquired if anyone is interested
in attending. Hendrickson indicated she is interested.
4. Announcements and/or Upcoming Meetings
February 12 STMA Ice Arena Board, 6:00 p.m.
February 13 Planning Commission, 7:00 p.m.
February 19 City Offices Closed, Presidents’ Day
February 20 City Council 7:00 p.m.
February 26 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m. **(New Time)
March 5 City Council, 7:00 p.m.
March 12 STMA Ice Arena Board, 6:00 p.m.
March 13 Planning Commission, 6:00 p.m.
March 19 City Council, 7:00 p.m.
March 26 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m. **(New Time)
10. ADJOURNMENT
Motioned by Cocking, seconded by Hudson, to adjourn the meeting at 8:50 p.m. Ayes:
Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent: Vetsch. MOTION DECLARED
CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 11
Mayor and Council Request for Action
P:\City Council\Council Packet Information\2018\030518\2018-03-05 Finance Bills Report (RCA).docx
Meeting Date: March 5, 2018
March 1, 2018
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 5, 2018 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 12
Mayor and Council Request for Action
P:\City Council\Council Packet Information\2018\030518\2018-03-05 FD HGACBuy Contract RCA.doc
Meeting Date: March 5, 2018
March 1, 2018
SUBJECT: CONSENT - FIRE DEPARTMENT – HGACBUY CONTRACT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize an Interlocal Contract for Cooperative Purchasing with HGACBuy.
INFORMATION: This agreement between the City and HGACBuy will set out the conditions,
requirements, and process through which the City may purchase capital equipment and also
details how these purchase orders are received, confirmed to contract, and processed.
KEY ISSUES:
• The Houston-Galveston Area Council (H-GAC) is a regional council of governments
operating under the laws of the State of Texas and governed by a board comprised of
36 elected officials from the 13-county regions. The H-GAC Board awards all
contracts, which can then be made available to local governments nationwide thru
HGACBuy.
• Government entities join by executing an Interlocal Contract to participate in
HGACBuy. This document sets out the conditions, requirements, and processes
through which an entity’s purchase orders are received, confirmed to contract, and
processed.
• HGACBuy uses mass circulation, minority emphasis print media, and internet
services to post legal notices and bid solicitations. Therefore, posting of public
notices to solicit bids and the formal competitive bid process are satisfied thru
HGACBuy procedures.
• HGACBuy is a unit of local government and a political subdivision of the State of
Texas. The HGACBuy Program is over 30 years old and specializes in high ticket,
capital intensive products and services that require technical, detailed specifications
and extensive professional skills to evaluate bid responses. All products offered
through HGACBuy have been awarded by virtue of a public competitive process.
There are no annual membership dues required to purchase thru HGACBuy.
• Currently 185 government entities in Minnesota are end users of HGACBuy,
including Wright County.
• HGACBuy would be used to purchase the new Fire Department Engine in 2019.
• The City Attorney has reviewed the contact and has expressed no concerns.
POLICY CONSIDERATIONS: It is the City’s Policy for the Mayor and City Council to
approve all agreements and contracts entered into on behalf of the City.
FINANCIAL CONSIDERATIONS: There are no financial impacts associated with execution
of this agreement. Should capital equipment be purchased through HGACBuy, an administrative
fee will be included in the final purchase price of the equipment.
Agenda Page 13
FIRE DEPARTMENT – March 5, 2018 Page 2 of 2
HGACBUY CONTRACT
P:\City Council\Council Packet Information\2018\030518\2018-03-05 FD HGACBuy Contract RCA.doc
Meeting Date: February 20th, 2018
LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to approve or
reject agreements on the behalf of the City.
Responsible Person/Title: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: HGACBuy Interlocal Contract for Cooperative Purchasing
Agenda Page 14
INTERLOCAL CONTRACT ILC FOR COOPERATIVE PURCHASING No.:______________
Permanent Number assigned by H-GAC
THIS INTERLOCAL CONTRACT (“Contract”), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter
791, Texas Government Code (the “Act”), by and between the Houston-Galveston Area Council, hereinafter referred to as “H-GAC,”
having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and * ___
________________________________________________________________________, a local government, a state agency, or a
non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as “End
User,” having its principal place of business at * ________________________________________________________________
W I T N E S S E T H
WHEREAS, H-GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391,
Texas Local Government Code; and
WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and
services, including the purchase of goods and services; and
WHEREAS, in reliance on such authority, H-GAC has instituted a cooperative purchasing program under which it contracts with
eligible entities under the Act; and
WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on
*____________________ _______ (Date), and that it desires to contract with H-GAC on the terms set forth below;
NOW, THEREFORE, H-GAC and the End User do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The End User represents and warrants to H-GAC that (1) it is eligible to contract with H-GAC under the Act because it is one of the
following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the
State of Texas or any other state), or a combination of two or more of those entities, a state agency (an agency of the State of Texas as
defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created
and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this
Contract.
ARTICLE 2: APPLICABLE LAWS
H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and
ordinances and laws in effect or promulgated during the term of this Contract.
ARTICLE 3: WHOLE AGREEMENT
This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any
and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: PERFORMANCE PERIOD
The period of this Contract shall be for the balance of the fiscal year of the End User, which began *_______________________ and
ends * _______________________. This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year,
provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H-
GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract.
ARTICLE 5: SCOPE OF SERVICES
The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H-
GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly
executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases
hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership (title) to
products purchased through H-GAC shall transfer directly from the contractor to the End User.
(over)
Agenda Page 15
ARTICLE 6: PAYMENTS
H-GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and
presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H-GAC’s
contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying
party. In no event shall H-GAC have any financial liability to the End User for any goods or services End User procures from an H-
GAC contractor.
ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or
deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically
incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or
regulation.
H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing
Program to be performed hereunder.
ARTICLE 8: TERMINATION PROCEDURES
H-GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to
this Contract. The obligations of the End User, including its obligation to pay H-GAC’s contractor for all costs incurred under this
Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until
performed or discharged by the End User.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not
affect any other term of this Contract, which shall continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of
any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection,
accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or
nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is
removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall
rest solely with H-GAC.
ARTICLE 11: VENUE
Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchas e.
THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS:
*
Name of End User (local government, agency, or non-profit corporation)
*
Mailing Address
*
City State ZIP Code
*By:
Signature of chief elected or appointed official
*
Typed Name & Title of Signatory Date
Houston-Galveston Area Council
3555 Timmons Lane, Suite 120, Houston, TX 77027
By:________________________________________________________
Executive Director
Attest:______________________________________________________
Manager
Date: ______________________________________________________
*Denotes required fields
rev. 12/15
Agenda Page 16
*Request for Information
Please sign and return the Interlocal Contract, along with this completed form, to H-GAC by emailing it to cpcontractfax@h-gac.com
or by faxing it to 713-993-2424. The contract may also be mailed to:
H-GAC Cooperative Purchasing Program
P.O. Box 22777, Houston, TX 77227-2777
Name of End User Agency: _____________________________________________________ County Name: ____________________
(Municipality/County/District/etc.)
Mailing Address: ______________________________________________________________________________________________
(Street Address/P.O. Box) (City) (State) (ZIP Code)
Main Telephone Number: ( ) ______________________ FAX Number: ( ) ________________________________
Physical Address: ______________________________________________________________________________________________
(Street Address, if different from mailing address) (City) (State) (ZIP Code)
Web Site Address: ____________________________________________________________________________
Official Contact: ___________________________________________ Title: __________________________________
(Point of Contact for HGACBuy Interlocal Contract) Ph No.: ( ) ________ - ____________
Mailing Address: ___________________________________________ Fx No. : ( ) _______ - ____________
(Street Address/P.O. Box) E-Mail Address: __________________________
_________________________________________________________
(City) (State) (ZIP Code)
Authorized Official: __________________________________________ Title: __________________________________
(Mayor/City Manager/Executive Director/etc.) Ph No.: ( ) ________ - ____________
Mailing Address: _____________________________________________ Fx No. : ( ) _______ - ____________
(Street Address/O.O. Box) E-Mail Address: __________________________
____________________________________________________________
(City) (State) (ZIP Code)
Official Contact: _______________________________________________ Title: __________________________________
(Purchasing Agent/Auditor etc. ) Ph No.: ( ) ________ - ____________
Mailing Address: ______________________________________________ Fx No. : ( ) _______ - ____________
(Street Address/O.O. Box) E-Mail Address: __________________________
_____________________________________________________________
(City) (State) (ZIP Code)
Official Contact: ________________________________________________ Title: __________________________________
(Public Works Director/Police Chief etc.) Ph No.: ( ) ________ - ____________
Mailing Address: _______________________________________________ Fx No. : ( ) _______ - ____________
(Street Address/O.O. Box) E-Mail Address: __________________________
_______________________________________________________________
(City) (State) (ZIP Code)
Official Contact: ________________________________________________ Title: __________________________________
(EMS Director/Fire Chief etc. ) Ph No.: ( ) ________ - ____________
Mailing Address: ________________________________________________ Fx No. : ( ) _______ - ____________
(Street Address/O.O. Box) E-Mail Address: __________________________
_______________________________________________________________
(City) (State) (ZIP Code)
* denotes required fields
Agenda Page 17
Mayor and Council Request for Action
Meeting Date: March 5, 2018
March 1, 2018
SUBJECT: PLANNING DEPARTMENT – CONSIDER A REQUEST FROM KWIK
TRIP INCORPORATED FOR A REZONING FROM B-2A TO B-3, AND
CONDITIONAL USE PERMITS FOR FUEL SALES, CAR WASH, AND A
COMMERCIAL SITE WITH GREATER THAN 25% IMPERVIOUS SURFACING IN A
SHORELAND DISTRICT AT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
MOTION TO: Adopt Ordinance Number 2018-05 approving the rezoning of the parcel from B-
2A, Special Business District to B-3, Highway Business District.
MOTION TO: Adopt Resolution Number 2018-006 approving conditional use permits for the
gas sales, car wash, and the greater than 25% impervious surface.
MOTION TO: Authorize the City to enter into a Stormwater Management Agreement between
the City of Alberville and Kwik Trip Incorporated.
BACKGROUND: Kwik Trip Incorporated is seeking to construct a convenience store with gas
sales and car wash on a 3.3 acre site to the North of I-94 and East of County Road 19. Currently
the site is zoned B-2A which does not allow gas sales or car washes. By rezoning to B-3, these
uses are allowed with a conditional use permit. Additionally, the site falls within the City’s
Shoreland Overlay District which requires a conditional use permit to allow a commercial
property to exceed 25% impervious surface.
The Albertville Planning and Zoning Commission held a public hearing on February 13, 2018
and reviewed the development application and staff reports. At the close of the public hearing,
the Planning and Zoning Commission recommended that the City Council approve the zoning
map amendment and the three conditional use permit with conditions outlined in the February 8,
2017 planning report.
KEY ISSUES:
• Rezoning is required to allow for the site’s development.
• Encouraging commercial and highway commercial development is consistent with the
city’s stated goals and policies of the Comprehensive Plan.
Agenda Page 18
Mayor and Council Request for Action – March 5, 2018
Page 2 of 2
Meeting Date: March 5, 2018
• Existing physical barriers unique to the site present challenges that complicate the
development of this site. The proposed use and site design appears to overcome the site
development challenges.
• Shoreland Overlay District has a number of unique requirements that have been met
through the development process.
• Access to the site is established through the existing outlet mall lot through an Outlet
Mall development agreement, access from County Road 19 will be controlled and
permitted by Wright County.
• The conditional use permits appear to meet the requirements of the B-3 zoning district
and of the Shoreland Overlay District.
• The application and plan documents were sent to MNDNR for review. We have received
correspondence from the MnDNR that they have no comments for this development.
POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice
was published and a public hearing held by the Planning and Zoning Commission on February
13, 2018. They recommended the City Council approve the requested zoning map amendment
and the three conditional use permits.
FINANCIAL CONSIDERATIONS: This type of highway commercial development fits with
the city’s long range goals for commercial uses and economic development in its promoting:
commercial growth, taking advantage of I-94 access, quality infill development, and by
expanding the commercial tax base.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City
Council have the authority to approve or deny these amendments.
Department/Responsible Person: Planning/Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator
Attachments:
Planning Report dated February 8th, 2018
Legal Description
Site Plan and Application Materials, A-J
Ordinance No. 2018-05
Resolution No. 2018-006
Stormwater Agreement
Agenda Page 19
LEGAL DESCRIPTION - KWIK TRIP SITE
EXHIBIT B
EXHIBIT AAgenda Page 20
MEMORANDUM
TO: Adam Nafstad
FROM: Alan Brixius
DATE: February 5, 2018
RE: Albertville – Kwik Trip Rezoning / Conditional Use Permit
FILE NO: 163.06 – 18.01
BACKGROUND
Kwik Trip Incorporated has filed application for rezoning and conditional use permits to
construct a 10,000 square foot convenience store, car wash, and gas sales at a 3.3
acre site located at the northeast quadrant of County Road 19 and I-94.
The site is currently zoned B-2A, Special Business District with a Shoreland Overlay
District. The B-2A District does not allow for gas sales or car wash uses within this
district. Kwik Trip is requesting a zoning change to B-3, Highway Business District to
accommodate the proposed uses.
With a change of zoning to B-3, gas sales and car washes are allowed by conditional
use permit. Additionally, the Albertville Shoreland Ordinance requires a conditional use
permit to allow commercial properties exceeding 25% impervious surfacing on the site.
The development application includes both the rezoning requests and the conditional
use permit.
Attached for reference:
Exhibit A: Site Boundaries Aerial
Exhibit B: Site Survey
Exhibit C: Site Plan
Exhibit D: Grading Plan
Exhibit E: Utility Plan
Exhibit F: SWPPP
Exhibit G: Landscape Plan
Exhibit H: Lighting Plan
Exhibit I: Building Elevations
Exhibit J: Signage Plan
Agenda Page 21
2
REZONING
The applicant is requesting a zoning map amendment to change the zoning from the B-
2A, Special Business District to B-3, Highway Commercial District. In 2003 when the
City first established and applied the B-2A Zoning District, it purposely excluded gas
sales and automobile service uses to prevent the proliferation of these uses throughout
the City. Since this action, there have been significant changes in retailing nationwide
and land uses and in Albertville.
1. The popularity of internet shopping is changing the trends in commercial
development of retail space. This has reduced the market for brick and mortar
retail development.
2. In 2017, the City approved the Mall of Entertainment AUAR which envisions
opening 111 acres for commercial development.
In response to ever-changing trends, the City must be flexible in its land use decisions
to ensure smaller commercial sites are marketable and can support development.
Section 300.1 of the Albertville Zoning Ordinance outlines the following criteria to be
evaluated when considering a change in zoning:
1. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan.
Comment: The Albertville Proposed Land Use Plan guides this site for
commercial land use. The 2012 Vision Study outlines the following goals and
policies to guide commercial growth in Albertville:
Commercial
Goal 1: The City will continue to promote commercial development by the
City taking advantage of its access to Interchange 94 and the growing population
of Albertville and its adjoining communities.
Policies:
1. The City will promote commercial development within locations of the
City’s commercial areas as guided in the Albertville Proposed Land Use
Plan.
2. The City should be patient with infill commercial development to ensure
proper access, quality site design, and quality architecture. Maintaining
high design and construction standards related to architecture, site design,
and landscaping was recommended.
Agenda Page 22
3
Economic Development
Goal 1: The Vision Committee identified commercial and industrial growth
as a priority for the community. The City will become more aggressive in its
economic development promotion efforts.
Policies:
1. The City shall define its land use goals for commercial and industrial areas
as related to:
a. Location, land supply, variable lot sizes.
b. Access.
c. Zoning: types of use, site design, architectural quality.
d. Utility availability and capacity.
The change of zoning from B-2A to B-3 would be consistent with the
aforementioned goals and policies of the City’s Vision Plan. The introduction of
the Kwik Trip would establish a quality automobile-oriented use at a location with
excellent freeway visibility and a use that would complement the Outlet Mall.
2. The proposed use is or will be compatible with present and future land uses of
the area.
Comment: The proposed rezoning site is an isolated location due to the
following existing physical barriers:
North: Drainage ditch separating it from Outlet Mall
South: I-94
East: School Lake
West: County Road 19
These physical barriers provide separation and distance from adjoining land
uses. These barriers also complicate site development as follows:
o Access via County Road 19 will be controlled and permitted by Wright
County. This access point will be limited to right-in / right-out only.
Development will be required to install turn lanes to access the site.
o Alternate access will be through the Outlet Mall site. As part of the original
PUD agreement, the City required the Outlet Mall to grant a shared
access through their site when the subject site developed. The drainage
ditch presents an obstacle for the driveway design and requires additional
setback for site development.
o The site’s proximity to School Lake imposes the Shoreland Overlay
Zoning District in addition to the required B-3 zoning. The imposition of
the shoreland regulations adds performance standards that reduces the
lot’s buildable area and imposes additional environmental regulations.
Agenda Page 23
4
The Kwik Trip land use introduces a land use and site design that will be
complementary to the Outlet Mall and will fill a difficult development site.
3. The proposed use conforms with all performance standards contained herein.
Comment: The building and site plan shall be reviewed in detail in later portions
of this report. This development requires three conditional use permits for gas
sales, car wash, and impervious surface greater than 25%. The development
plans shall be reviewed against both the zoning standards of the B-3 Zoning
District and the Shoreland Overlay District.
4. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
Comment: The proposed Kwik Trip facility will bring a new national business to
the community that will complement the Outlet Mall and expand the City’s
commercial tax base. This new construction will not depreciate the values of the
adjoining land uses. The applicant has indicated that this new development
creates approximately 25 to 30 new permanent jobs in the City.
5. The proposed use can be accommodated with existing public services and will
not overburden the City’s service capacity.
Comment: The City has municipal utilities, both sanitary sewer and water,
located along the west side of County Road 19. These utilities have both the
size and capacity to serve this proposed use.
6. Traffic generation by the proposed use is within the capabilities of streets serving
the property.
Comment: This site is unusual in that its access to County Road 19 will be
limited to right-in and right-out. Southbound exiting traffic will be routed through
a shared access with the Outlet Mall, channeling traffic to the traffic signal at the
Mall’s entrance.
The City and Wright County are currently studying needed improvements to
County Road 19 including the mall intersection to address growing traffic
volumes from both Albertville and Otsego growth. This proposed use will
contribute to County Road 19 traffic and will be included in the County’s road
planning and design.
Rezoning Recommendation. The change in zoning for this particular site remains a
policy decision of the Planning Commission and City Council. In review of the zoning
request of this site from B-2A to B-3, staff finds that the proposed land use and
development appears to satisfy the aforementioned zoning amendment criteria and
provides a quality use for a difficult site, supporting the zoning change.
Agenda Page 24
5
SITE AND BUILDING REVIEW / CONDITIONAL USE PERMITS
The following review assumes a change in site zoning to B-3, Highway Oriented
Commercial District and the application of the Shoreland Overlay District.
Zoning. With the change of zoning to B-3, the proposed uses are permitted as follows:
1. Convenience Store (Retail) Permitted Use
2. Gas Sales Conditional Use
3. Car Wash Conditional Use
4. Outdoor Display of Merchandise Permitted Accessory Use
5. Impervious Surface Greater than 25% Conditional Use/Shoreland
Lot Area/Setbacks. The proposed site appears to meet all the required lot area and
setback requirements of both the B-3 and Shoreland Overlay Districts as follows:
Required Proposed Compliant
Lot Area None / 2 acres 1 3.35 acres Yes
Lot Width 100 feet / none 348 feet Yes
Building Setbacks:
Front – West 35 feet 104.4 feet Yes
Side – North 20 feet 162 feet Yes
Side – South 20 feet 65 feet Yes
Rear – East 35 feet 160 feet Yes
Setback from OHWL
150 feet
160 feet + 21
feet=181 feet 2
Yes
Canopy Setbacks:
Front – West 35 feet 80 feet Yes
Side – North 20 feet 48 feet Yes
Side – South 20 feet 250 feet Yes
Rear – East 35 feet 200 feet Yes
Setback from OHWL 2 150 feet 200 feet Yes
Parking Setbacks:
Front – West 5 feet 23.7 feet Yes
Side – North 5 feet 20 feet Yes
Side – South 5 feet 20 feet Yes
Rear – East 5 feet 116.3 feet Yes
Setback from OHWL 2
150 feet
140 feet + 21
feet=161 feet 2
Yes
NOTES:
1 The Albertville Shoreland Ordinance Section 4908.75 waives the shoreland PUD standards
for commercial lots that exceed 2 acres and meet the performance standards of this section.
2 The DNR ordinary high water level for School Lake is 947.3 feet. The proposed lot is not a
riparian lot, rather the Minnesota Department of Transportation owns land between the
development site and School Lake. The narrowest width of the MnDOT property along the
east side of the subject site is 21 feet per Wright County GIS.
Agenda Page 25
6
The fuel storage tanks show a 140 foot setback from the east lot line, with the MnDOT
property to the east. It appears that the tanks meet the 150 foot required setback from
the School Lake OHWL (947.3 feet). The applicant must confirm this setback is met.
Shoreland. Section 4905.61 of the Albertville Shoreland Ordinance establishes the
standards for commercial uses in the Shoreland Overlay District. This section allows
non-water oriented commercial land uses provided the following conditions are met:
Impervious Surfacing. Development with an underlying B Zoning District may exceed
25% up to 85% impervious surface subject to the following conditions. The applicant’s
site plan shows 52% impervious surface and 48% pervious.
1. The lot is served by municipal sewer and water.
Comment: This standard is met.
2. A conditional use permit application is submitted and approved as provided for in
chapter 400 of this Ordinance.
Comment: The City is processing conditional uses for the proposed use and site
design.
3. Notice of requests to exceed 25% lot coverage shall be sent to the Department of
Natural Resources for their review and comment.
Comment: Per ordinance, the development application has been forwarded to
DNR staff for review.
4. The lot meets or exceeds the minimum lot size and dimensions requirement.
Comment: As addressed in previous sections of this report, the site exceeds the
lot area and width requirements of the zoning district and Shoreland Ordinance.
5. The building setback is at least 150 feet from the OHW, and the height of
buildings on riparian lots or the first tier of a PUD shall not exceed 25 feet.
Buildings on non-riparian lots or beyond the first tier of a PUD shall comply with
the height restrictions of the base zoning district.
Comment: The proposed site is not a riparian lot. As addressed in a previous
section of this report, all improvements meet the required B-3 District setbacks
and the 150 foot setback from OHWL. The building height is 24 feet and canopy
height is 19 feet, both meeting the B-3 and shoreland height standards.
6. As part of the CUP process and site and building plan review, plans for
structures, parking areas, and other facilities shall be reviewed for their effort to
reduce visibility as viewed from public waters and adjacent shorelands by
Agenda Page 26
7
vegetation, topography, and color, assuming summer, leaf-on conditions.
Vegetative and topographic screening shall be preserved, if existing, or may be
required to be provided.
Comment: The applicant has provided a detailed landscape plan that provides a
combination of shrubs and overstory trees along the east side of the parking lot.
The planting scheme will serve to reduce the visibility of the building and canopy.
It should be noted that School Lake has no public access and does not offer
opportunity for watercraft use. As such, the view from the lake surface will be
very limited. A more detailed landscape plan review is provided later in this
report.
7. Parking lot lighting shall be provided in a manner so that all light is downcast with
special attention paid to eliminating glare and minimizing the number and height
of poles.
Comment: Per City ordinance, the applicant has provided a photometric plan
and details on the exterior light fixtures. In review of these plans, we offer the
following:
a. The light levels at the property line are below the City’s maximum
standard of 0.4 foot candles.
b. The City requires all exterior light fixtures to be shielded, 90 degree cutoff
fixtures. The lighting plan reveals:
• Building mounted lighting will be recessed within the building eaves
and will not extend below the eaves.
• The freestanding lights have a total height of 18 feet with a 90 degree
cutoff light fixture. The freestanding fixture meets City standards for
height, design, and location.
• The applicant indicates LSI lighting mounted under the gas canopy.
The City will require canopy lighting to be recessed into the canopy
with no luminaries extending below the canopy surface.
The photometric plan reveals a 0.0 light level 85 feet from its east lot line. This is
more than 100 feet from the School Lake OHWL.
8. Declaration of covenants, restrictions, and easements shall be provided on
individual developments to protect the land adjacent to the waterbody.
Comment: The City will require the establishment of drainage and utility
easements over all drainageways, ponding areas, and wetlands.
9. A buffer of 40 feet is maintained adjacent to the lake where only ponding,
wetland replacement and native planting will be permitted. An additional 60 feet
of open space (total 100 feet) shall be provided adjacent to the 40 foot buffer.
Agenda Page 27
8
Passive recreational activities such as trails or picnicking or ponding, wetland
replacement or plantings may occur in the 60 feet of open space.
Comment: The proposed development site is not a riparian lot. However, the
site plan shows a parking lot setback ranging from 116 to 144 feet from the east
property line. With the MnDOT property to the east, the parking lot is over 150
feet from the School Lake OHWL.
Within this setback, grading will occur to provide stormwater ponding for retention
and treatment. Upon completion of grading, the site will be restored as a lake
buffer. The size, depth, and design meets or exceeds the aforementioned
requirements.
10. On riparian lots, a detailed planting plan is submitted that enhances the buffer
area by providing native species as a supplement to existing vegetation.
Comment: This site is not a riparian lot. This standard does not apply. A
detailed landscape plan has been provided and review comments will be later in
this report.
11. Collection and treatment of stormwater runoff prior to discharge to public waters
shall be designed and implemented consistent with the City’s stormwater
management regulations as set forth in the City’s Subdivision Ordinance.
Comment: The applicant has submitted stormwater calculations, grading, and
drainage plan. Please see the City Engineer’s review for comments.
12. If a site exceeds 50% lot coverage and the use is a non-water oriented structure,
then one of the following must be met:
a. All buildings must be set back at least 300 feet; or
b. Reduce the effective lot coverage below 50%. This provision will require
demonstration that sufficient low impact development (LID) practices will
be implemented in a location(s) on the lot or parcel to capture and treat
runoff from the impervious areas above the 50% threshold for a ½ inch
design storm (type II, 24 hours, AMC-2). A City provided worksheet must
be completed to demonstrate compliance with this provision.
Comment: The proposed site coverage is 52%. The applicant has selected
Option B above. See the City Engineer’s review for comments.
Motor Fuel Station Conditional Use Permit. Section 4400.4 of the B-3 Zoning
District establishes the following conditions for the motor fuel station conditional use
permit:
A. The site consists of a minimum lot area of twenty thousand (20,000) square feet
and minimum lot width of one hundred fifty feet (150').
Agenda Page 28
9
Comment: This standard has been met.
B. Adequate space shall be provided to access fuel pumps and allow
maneuverability around fuel pumps.
Comment: While site access is complicated, the site layout provides for
driveways, parking and pump access to accommodate both customer and
service vehicles on site. This standard has been met.
C. Underground fuel storage tanks are to be positioned to allow adequate access by
motor fuel transports and unloading operations that do not conflict with circulation
or access or other activities.
Comment: The fuel storage tanks are located northeast of the proposed building.
The location is designed to accommodate the needed movements of a semi fuel
truck without interfering with other on-site traffic operations. In our review, we will
require the applicant to demonstrate the 150 foot required setback from School
Lake OHWL (947.3 feet).
D. Landscaping and screening not less than ten feet (10') in width shall be provided
at the boundaries abutting an R district in compliance with section 1000.7 of this
ordinance.
Comment: The applicant has provided a detailed landscape plan. Detailed
review of said plan is offered late in this report.
E. Parking or gas pump queuing areas shall be screened from view of abutting R
districts in compliance with section 1000.7 of this ordinance.
Comment: The gas pumps and canopy are located north of the building. The
landscape plan provides some screening toward the lake. There are no
residential zoning districts abutting this site.
F. Provisions are made to control and reduce noise consistent with Minnesota
pollution control standards.
Comment: This is an isolated commercial site that will not present noise issues
for the adjoining properties. Outdoor audio equipment will be required to adhere
to allowable City and MPCA noise levels.
G. The operation shall be responsible for daily litter control on the site. Trash
receptacles shall be provided at a convenient location on site to facilitate litter
control.
Comment: The applicant proposes to provide trash receptacles at the gas
pumps, near the car wash vacuum and at the store entrance. The site and
Agenda Page 29
10
building plan shows a trash enclosure designed into the east side of the building.
Said enclosure meets the City’s zoning standards for design, location, and
appearance.
H. Wherever fuel pumps are to be installed, pump islands shall be installed.
1. Pump islands shall be elevated six inches (6") above the traveled surface
of the site.
2. All pump islands shall be at least thirty feet (30') back from any property
line.
3. The outer edge of any canopy shall be set back at least twenty feet (20')
from any property lines.
4. The canopy shall not exceed eighteen feet (18') in height and must
provide a minimum of fourteen feet (14') of clearance to accommodate a
semitrailer truck passing underneath.
5. The canopy fascia shall not exceed three feet (3') in vertical height.
6. Canopy lighting shall consist of canister spotlights recessed into the
canopy. No portion of the light source or fixture may extend below the
bottom face of the canopy.
Comment: The gas sales are located north of the proposed station store. The
location meets all of the aforementioned setbacks and provides appropriate
maneuvering area to access and exit the pump islands.
The canopy elevation indicates that the canopy height will be 15.5 feet with a
three foot canopy face, meeting required standards. The canopy elevation
illustrates that the pumps area located on raised islands and protected by
bollards. Canopy lighting must be recessed into the canopy with no exposed
luminaries extending below the canopy.
CAR WASH CONDITIONAL USE
The site plan shows two mechanical car wash bays located on the south end of the
building. The car wash is integrated within the building design. The car wash also
offers a freestanding vacuum station in the west parking lot. The following standards
apply to the car wash conditional use permit.
A. The car wash building shall meet the architectural standards of Section 4400.8 of
this chapter.
Comment: The car wash and station store exist as a single building. The B-3
District requires commercial buildings to have at least 50% of the exterior
building walls consist of brick, stone, glass or stucco. The proposed building
offers four sided architecture consisting of brick and stucco walls, standing seam
roof, and attractive window and doorway elements. The proposed building
Agenda Page 30
11
exceeds the B-3 District architectural standards. The building design softens the
appearance and function of the car wash and trash enclosure.
B. Car wash stacking space shall be constructed to accommodate the number of
vehicles that may be washed in a 30 minute period.
Comment: Car wash traffic will be directed to the car wash entrance by
directional signs. The traffic pattern is intended to direct traffic around the north
side of the station store to line along the east side of the building to access the
car wash bays. This site layout provides 110+ feet of stacking prior to turning
into the drive lanes of the car wash bay. This design illustrates space for up to
nine automobiles waiting for the car wash. This meets the City’s stacking
standards.
C. Provisions shall be made to control and reduce noise.
Comment: The car wash operations will occur with the door closed except
when automobiles enter or exit. The site location also reduces the potential for
nuisance complaints.
SITE PLAN REVIEW
In addition to three conditional use permits, the following general zoning provisions
apply.
Outdoor Lighting. As noted earlier in this report, the applicant’s lighting and
photometric plans appear to meet all City standards. Staff does recommend that the
applicant verify that canopy lighting will be recessed into the canopy and luminaries will
not extend below the canopy.
Mechanical Equipment. The applicant shall identify proposed locations of ground
mounted or rooftop mounted mechanical equipment serving the building, including
HVAC, refrigeration, etc. Said equipment musts be screened from public right-of-way.
Landscape Plan. In review of the submitted landscape plan, we offer the following
comments:
1. The selected trees are native species and are sized to meet City ordinances.
The tree placement along the west edge of the site will break up sight lines into
the site from the lake per shoreland requirements.
2. The proposed ground covers in the areas disturbed by grading and within the
stormwater pond are all appropriate. The pond ground covers will aid in
stormwater treatment.
Agenda Page 31
12
3. The shrub and perennial plantings at the periphery of the parking lot and along
the south side of the building are all sized to meet City Code and provide an
attractive landscape accents to the site.
4. The landscaped areas, including turf areas, mulched areas, and the filtration
basin, will be irrigated. The irrigation to the filtration basin will be turned off after
vegetation is established.
The landscape plans meet City standards.
Access. Site access from County Road 19 is subject to the reviewed and approval of
Wright County. The site plan illustrates the design and installation of a right turn lane
from County Road 19 into the site. This design and access permit shall be subject to
Wright County approval.
The access from County Road 19 will be right-in and right-out only. To provide access
to a full intersection, traffic will need to pass through the Outlet Mall site. As part of the
2003 Albertville Premium Outlet Mall 2nd Addition PUD approval, the City required the
Outlet Mall provide access to the subject property via a private driveway to gain access
to the full signalized intersection. The terms of this agreement are outlined in the 2003
development agreement and include the following conditions:
1. Property to the south shall design and construct a private drive connecting into
the Outlet Mall. Said driveway shall be designed to the same weight and width
specifications as the Outlet Mall drive.
2. Property to the south shall enter into a maintenance agreement to cover 25% of
the maintenance and repair costs of the shared driveway.
3. Property to the south must accept temporary and reasonable activities required
in the construction, maintenance, repair, and replacement of the private
driveway.
The conditions of the shared driveway are outlined and regulated in greater detail in the
development agreement. The physical establishment and mutual agreement of an
easement and maintenance agreement shall be in place prior to construction of Kwik
Trip.
Parking. Based on City standards, the 7,237 square foot station store is required to
provide 32 parking stalls. The site plan illustrates 32 parking stalls and indicates 20
additional spaces at the fuel pumps. The on-site parking meets the City’s zoning
standards for number, dimensions, and parking lot design.
Loading. The site plan identifies store and fuel storage loading areas on the east side
of the building. These areas have been designed for semi-truck and trailer movements
that will not interfere with other site operations. The size and design of the loading
meets the City’s standards.
Agenda Page 32
13
Outdoor Sales Display. The B-3 Zoning District allows outdoor display of
merchandise as a permitted accessory use provided it does not exceed 20% of the
principal building and does not interfere with parking, traffic, circulation, or pedestrian
movements. The applicant’s site plan shows the following outdoor merchandise
display:
1. Drive display areas between gas pump islands 150 square feet
2. Propane cabinet 14 square feet
3. Two ice cabinets 30 square feet
194 square feet
The outdoor display areas meet the City’s standards. If additional merchandise displays
are needed in the future, the applicant shall submit a revised site plan for City staff
review and approval.
Signs. The applicant has provided a detailed comprehensive sign plan for the site
illustrating the following:
Wall Signs Number Size
North Elevation 1 24.2 square feet
South Elevation 1 36.0 square feet
East Elevation 2 10 square feet each
Comment: The B-3 Zoning District allows two wall signs per building on walls fronting a
public street. The proposed wall signs meet the City’s requirements for number and
size of allowed wall signs.
Canopy Signs Number Size
North Elevation 1 24.2 square feet
West Elevation 1 24.2 square feet
Comment: The B-3 District allows canopy signs that do not exceed 50% of the canopy
façade. The proposed canopy signs meet the City’s standards.
Directional Signs Number Size
Traffic Directional Signs 8 4.5 square feet each
Comment: The applicant is proposing eight traffic directional signs to direct on-site
traffic circulation around the building and the site exit points. In review of the sign plan,
staff agrees with the number and location of the proposed directional signs. The
Albertville Sign Code limits traffic control/directional signs to 4 square feet. The
applicant is proposing 4.5 square feet. These signs must be reduced to meet the Sign
Code.
Agenda Page 33
14
Freestanding Signs. The applicant is proposing one freestanding sign. Said sign has
a height of 30 feet and sign area of 117.15 square feet. The sign is located 23 feet from
the west lot line. The proposed sign meets all of the performance standards of the
Albertville Sign Code.
If any portion of the sign is intended to be an electronic changeable copy sign, it shall be
required to comply with City standards related to brilliance and frequency of message
change.
Overall, the proposed comprehensive sign plan is well conceived for the site. We
recommend approval of the sign plan provided the directional signs meet the 4 square
foot size standard of the City.
CONCLUSION AND RECOMMENDATION
Kwik Trip Incorporated is requesting a change in zoning and three conditional use
permits to allow for the construction of a new convenience store, car wash, and gas
sales City Council should consider the physical difficulties with the proposed site and
the quality of development being offered.
Rezoning. Any zoning map change is a policy decision of the Planning Commission
and City Council. In evaluating the site and proposed development, staff believes that
the change of zoning is appropriate with the following findings:
1. The change of zoning is consistent with the Albertville Comprehensive Plan in
that the use is consistent with long range land use plans and the use will expand
the City’s tax base and employment opportunities in the City.
2. The site is an isolated commercial site. The proposed use will not create
compatibility issues for adjacent land uses. The site’s proximity to I-94 is
consistent with the intent and purpose of the B-3 Zoning District.
3. In review of the site and building plans and the conditional use permits, staff finds
that the use and site design meet the City’s zoning and shoreland regulations.
The site design provides a substantial buffer along School Lake to address the
needed environmental protections for the lake.
4. The proposed development offers quality building and site design that will not
negatively impact adjoining properties.
5. The proposed development will not overburden the City’s streets or utilities.
If the Planning Commission and City Council agree with staff findings, approval of the
change in zoning from B-2A to B-3 is appropriate.
Agenda Page 34
15
Conditional Use Permit – Impervious Surface. In review of the conditional use to
allow a commercial site with impervious surfacing to exceed 25% in a Shoreland
Overlay District, we recommend approval with the following conditions:
1. Approval of the change in zoning to B-3.
2. Subject to review and recommendations of the City Engineer with regard to
grading, drainage, and stormwater management.
3. Restoration of the lake buffer area after grading per the landscape plan dated
1/12/2018.
4. Establishment of a drainage and utility easement over the entire buffer area.
Conditional Use Permit– Gas Sales. In review of the gas sales conditional use
permit, staff recommends approval with the following conditions:
1. The applicant verify that the gas storage tanks meet the 150 foot structure
setback from the School Lake OHWL of 947.3 feet.
2. The canopy lighting is recessed into the canopy with no luminaries extending
below the canopy.
Conditional Use Permit– Car Wash. In review of the car wash, staff finds that it meets
all the City’s conditional use requirements and recommends approval.
Site and Building Plans. Staff recommends approval of the Kwik Trip site and building
plans based on the submitted plan sets dated 1/12/2018 with the following conditions:
1. The development shall receive Wright County approval for a County road access
permit and shall be responsible for the cost of the right turn lane on County Road
19.
2. The applicant identify the location of all ground mounted or rooftop mechanical
equipment and demonstrate that it is screened from adjoining public rights-of-
way and properties.
3. The applicant enter into an agreement with the Albertville Outlet Mall related to
shared access and maintenance of the shared private areas.
4. Outdoor merchandise display areas shall be limited to the size and location
identified on the approved site plan. Future changes, additions, or alternation of
these display areas shall be subject to City staff approval.
Agenda Page 35
16
5. Approval of the Kwik Trip comprehensive sign plan for the site with directional
signs being reduced to 4 square feet to meet City Code.
6. The applicant shall be responsible for extending utilities to the site.
c: Kim Hodena
Maeghan Becker
Mike Couri
Paul Heins
Dan Petrik, DNR
James Bedell, DNR
Steven Lowe, Kwik Trip (slowe@kwiktrip.com)
Agenda Page 36
Wright County, MN
202 ft
Overview
Legend
Roads
CSAHCL
CTYCL
MUNICL
PRIVATECL
TWPCL
Highways
Interstate
State Hwy
US Hwy
City/Township Limits
c
t
Parcels
2' Contours
842; 844; 846; 848;
852; 854; 856; 858;
862; 864; 866; 868;
872; 874; 876; 878;
882; 884; 886; 888;
892; 894; 896; 898;
902; 904; 906; 908;
912; 914; 916; 918;
922; 924; 926; 928;
932; 934; 936; 938;
942; 944; 946; 948;
952; 954; 956; 958;
962; 964; 966; 968;
972; 974; 976; 978;
982; 984; 986; 988;
992; 994; 996; 998;
1002; 1004; 1006;
1008; 1012; 1014;
1016; 1018; 1022;
1024; 1026; 1028;
1032; 1034; 1036;
1038; 1042; 1044;
1046; 1048; 1052;
1054; 1056; 1058;
1062; 1064; 1066;
1068; 1072; 1074;
1076; 1078; 1082;
1084; 1086; 1088;
1092; 1094; 1096;
EXHIBIT AAgenda Page 37
EXHIBIT BAgenda Page 38
EXHIBIT CAgenda Page 39
EXHIBIT DAgenda Page 40
EXHIBIT EAgenda Page 41
EXHIBIT FAgenda Page 42
EXHIBIT GAgenda Page 43
EXHIBIT HAgenda Page 44
EXHIBIT IAgenda Page 45
EXHIBIT IAgenda Page 46
EXHIBIT JAgenda Page 47
EXHIBIT JAgenda Page 48
EXHIBIT JAgenda Page 49
EXHIBIT JAgenda Page 50
EXHIBIT JAgenda Page 51
EXHIBIT JAgenda Page 52
EXHIBIT JAgenda Page 53
EXHIBIT JAgenda Page 54
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2018-05
AN ORDINANCE CHANGING THE ZONING OF
CERTAIN LAND IN THE CITY OF
ALBERTVILLE, MINNESOTA
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. The following legally described property is hereby rezoned from B-2A,
Special Business District to B-3, Highway Business District.
Legal Description is included as Exhibit A of this ordinanc
Section 2. This ordinance shall be effective upon its passage and publication.
Approved by the Albertville City Council this 5th day of March 2018.
_____________________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 55
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2018-006
RESOLUTION APPROVING A SITE AND BUILDING PLANS AND
CONDITIONAL USE PERMITS FOR THE CONSTRUCTION OF A KWIK TRIP
GAS/CONVENIENCE STORE WITH GAS SALES AT A SITE LOCATED
NORTH OF I-94 AND EAST OF COUNTY ROAD 19 WITHIN THE CITY OF
ALBERTVILLE
WHEREAS, Kwik Trip Incorporated has filed an application for site and building plans and
conditional use permits to allow for gas sales, car wash operation, and a total impervious surface
area over 25% in a B-3 and Shoreland Overlay District for a site locate North of I-94 and East of
County Road 19; and
WHEREAS, City Staff have reviewed submitted plans and prepared a planning report dated
February 8th, 2018; and
WHEREAS, the Albertville Planning Commission met and held a public hearing on
February 13, 2018 to consider the site and building plans, rezoning and conditional use permit
requests, the staff reports, and to take public testimony, and upon closing the public hearing, the
Planning Commission recommended that the City Council approve and change in zoning to B-3
Highway Commercial District, site and building plans and three Conditional Use Permits; and
WHEREAS, the Albertville City Council met on March 5th, 2018 to consider the
Conditional Use Permit application; and
WHEREAS, the Albertville City Council has received the aforementioned plans, staff
review documents, and the Planning Commission recommendation, and agrees with the findings
and recommendations of the Planning Commission.
NOW, THERFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota
hereby approves the site and building plans dated 2018-01-03 and conditional use permits for gas
sales, car wash and impervious surface greater than 25 % of the lot area for Kwik Trip
Incorporated, subject to the following conditions:
BUILDING AND SITE PLAN: The Kwik Trip site and building plan is approved based on the
plans dated 2018-01-03 with the following conditions.
1. The site is rezoned to B-3 Commercial District.
2. Wright County approval of the access from County Road 19. The developer shall be
responsible for the cost of all County Road 19 turn lane improvements.
Agenda Page 56
City of Albertville
Resolution No. 2018-006
Meeting of March 5, 2018
Page 2
3. Applicant shall enter into an access agreement with the Albertville Outlet Mall related to
shared access and maintenance of the shared private drives.
4. All roof top and ground mounted mechanical equipment shall be shown on the site plan
and screened from adjoining rights of way and properties.
5. Outdoor merchandise display areas shall be limited to the size and location identified on
the approved site plan. Future changes, additions, or alterations of these display area shall
be subject to city staff approval.
6. The city approves the comprehensive sign plan dated 2018-01-03. The site directional
signs shall not exceed 4 square feet in sign area.
7. The applicant shall be responsible for extending the utilities to the site.
8. Applicant shall provide a trail easement along the site’s western lot line for the full
frontage of the lot. The size and location of the trail easement will be determined by the
city engineer.
9. The Applicant shall secure all necessary construction permits required for the
improvements and shall provide the City with a copy of the permits prior to the start of
construction.
10. Record drawings of all site improvements, as required by city engineer.
11. Water supply and fire flow shall meet the requirements of MSFC.
12. Subject to the review and requirements of the city engineer.
13. Sewer and Water Access fees shall be paid at the time of building permit issuance.
GAS SALES: The conditional use permit to allow gas sales in a B-3 zoning district is approved
with the following conditions.
1. Subject to the conditions of the site and building plan approval being met.
2. The applicant shall verify that the gas storage tanks meet the 150 foot structure setback
from the School Lake OHWL of 947.3 feet.
3. The canopy lighting is recessed into the canopy with no luminaries extending below the
canopy.
Agenda Page 57
City of Albertville
Resolution No. 2018-006
Meeting of March 5, 2018
Page 3
IMPERVIOUS SURFACE: The conditional use permit to allow impervious surface of the lot
to exceed 25% of the lot area in a shoreland overlay district is approved subject to the following
conditions.
1. Subject to the conditions of the site and building plan approval being met.
2. Subject to review and recommendations of the City Engineer with regard to grading,
drainage, and stormwater management.
3. Restoration of the lake buffer area after grading per the landscape plan dated 2018-01-03.
4. The applicant shall establish a drainage and utility easement over the entire buffer area
lying within the 150 foot shoreline setback from School Lake.
5. The applicant shall enter into a Stormwater Management Agreement, which shall be
recorded with the County.
CAR WASH: The conditional use permit for the car was is approved subject to the following
conditions.
1. Subject to the conditions of the site and building plan approval being met.
2. The oil-water-debris separator shall be cleaned routinely as needed o as required by the
City. At minimum, the separator shall be cleaned annually.
Adopted by the City Council of the City of Albertville this 5th day of March, 2018.
Jillian Hendrickson, Mayor
Kimberly A. Hodena, City Clerk
Agenda Page 58
1
(Reserved for Recording Data)
STORMWATER
MANAGEMENT AGREEMENT
This AGREEMENT made this __ day of _________________, 20__, by and between
the CITY OF ALBERTVILLE, a Minnesota municipal corporation (hereinafter referred to as the
“City”) and __________________________, a ___________________________, (hereinafter
referred to as the “Developer”).
WHEREAS, the Developer is the fee owner of certain real property situated in the City of
Albertville, County of Wright, State of Minnesota legally described on the attached Exhibit “A”.
(hereinafter referred to as the “Subject Property”) which the Developer has obtained the
approval of the City for the development thereof; and
WHEREAS, the City has required that the Developer make provision for the
construction, maintenance and repair of the Pond (“Stormwater Pond”) located within the
boundaries of the Subject Property as shown on Exhibit “B” attached hereto, as the same is
described and depicted in those certain construction plans drawn by ___________________,
(“Plans”).
WHEREAS, the City and Developer desire to set forth their understanding with respect
to the construction, repair and maintenance of the Stormwater Pond and the responsibility
relating to the costs of the repair and maintenance of the Stormwater Pond.
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1. Construction and Maintenance of Stormwater Pond. The Developer agrees to
construct the Stormwater Pond according to the Plans and repair and maintain the Stormwater
Pond at its sole cost and expense. Maintenance of the Stormwater Pond shall mean (i) monthly
inspections of the Stormwater Pond and, if necessary, removal of all litter and debris, and
replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy
Agenda Page 59
2
functioning plant life therein; and (ii) an annual inspection, and certification, by a qualified
individual or company acceptable to the City that the Stormwater Pond is functioning in
accordance with the approved plans and have maintained the proper operation of the
stormwater treatment as a Stormwater Pond according to the City Standards. If, as a result of
an inspection by a qualified individual or company acceptable to the City or City staff, it is
determined that the Stormwater Pond (1) has not been maintained; or (2) is not functioning as
originally designed and intended; or (3) is in need of repair, the Developer agrees to restore the
Stormwater Pond so that it functions as it was designed and intended. The Developer further
agrees that they will not use the Stormwater Pond for snow storage and will inform its snow
removal contractors of this provision of the Agreement.
Subject to Section 4 below, Developer shall be solely responsible for the repair and
maintenance of the Stormwater Pond.
2. Developer’s Default. In the event of default by the Developer as to any of the
work to be performed by it hereunder, following at least thirty (30) days prior written notice and
Developer’s failure to cure such default within such time-frame, except in an emergency as
determined by the City, the City may, at its option, perform the work and the Developer shall
promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse
the City for any reasonable out-of-pocket expense incurred by the City. This Agreement is a
license for the City to act when so authorized under this Agreement, and it shall not be
necessary for the City to seek a Court order for permission to enter the Subject Property. When
the City does any such work, the City may, in addition to its other remedies, assess the
reasonable out-of-pocket cost in whole or in part.
3. Future City Policy. Notwithstanding anything contained in this Agreement to the
contrary, in the event the City shall in the future establish a policy for repair and maintenance by
the City of stormwater ponds owned by private parties located elsewhere in the City under
which policy the costs of such repair and maintenance are to be paid either out of general City
revenues or by collection of utility or service fees or charges, then any owner of any portion of
the Subject Property shall be entitled to petition the City for the inclusion of the Stormwater
Pond under such repair and maintenance program. The recording of a certified copy of the
Resolution of the City Council of the City which sets forth the consent and authorization
described in the foregoing sentence shall serve to terminate this Agreement, without further
action on the part of any party hereto.
4. Terms and Conditions. This Agreement shall run with the land and shall be
binding upon Developer’s successors and assigns with respect to the Subject Property. The
terms and conditions of this Agreement shall be binding upon, and shall insure to the benefit of,
the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
Agenda Page 60
3
CITY OF ALBERTVILLE
BY:____________________________ _ ___
______________, Mayor
(SEAL)
AND ___________________________ _ __
______________, City Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _th day of ___________,
20__, by ___________________ and by ___________________, the Mayor and City Clerk of
the City of Albertville, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
_________________________________________
NOTARY PUBLIC
Agenda Page 61
4
DEVELOPER:
BY:
It
STATE OF ______________ )
( ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ___ day of _____________,
20___, by ___________________________ the _________________________________ of
______________________________________.
NOTARY PUBLIC
Agenda Page 62
5
EXHIBIT “A”
Legal Description
Agenda Page 63
6
EXHIBIT “B”
Attach Drawing of Stormwater Pond
Agenda Page 64
Mayor and Council Communication
P:\City Council\Council Packet Information\2018\030518\Doug Carlson\1 - Heuring Meadows --High density housing concept plan..docx
Meeting Date: INSERT DATE
March 1, 2018
SUBJECT: Heuring Meadows – High Density Residential Concept Plan
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following and give direction as to whether the attached concept plans should proceed to
development applications including:
REZONING: Change the site zoning from B-2 Limited Business to Planned Unit Development
District to permit the uses and designs as offered in the concept plan.
PRELIMINARY AND FINAL PLAT: The site exists as an outlot and must be platted to into a
lot and block description to allow development.
PUD Concept, Development Stage and Final Stage site and building plan approvals.
BACKGROUND: Over the last five years the property owner has made a number of inquiries
to change the zoning to allow an alternative land use other than commercial uses. The
Albertville Vision plan guides this site for commercial land use. The Vision plan also offers the
following land use policies that are applicable to this request:
Commercial Policy: (2012)
• The City will promote commercial development within locations of the City’s
commercial areas as guided in the Albertville Proposed Land Use Plan.
Residential Policy: (2012)
• Albertville has a fair balance of housing densities as well as a large supply of medium
and high density residential land uses near its borders within other communities.
Albertville will limit future multiple family developments to locations currently zoned for
multiple family residential land uses. Except for senior housing, not new locations new
locations have been identified for multiple family land use.
Pace of Growth: (2015 Amendment)
• Goal 2: The Vision Study Policies and proposed Land Use Plan guide the City’s desired
land uses and development patterns. However, the City wishes to be open to potential
land uses and/or development options that may not be in line with the stated ambitions of
the Vision Study.
• Policies:
o The Vision Study policies and land uses will represent the expressed goals of the
City; however, the land use and/or development options that are in conflict with
Agenda Page 65
Mayor and Council Communication – March 5, 2018
Heuring Meadows Multiple Family PUD Concept plan Page 2 of 4
P:\City Council\Council Packet Information\2018\030518\Doug Carlson\1 - Heuring Meadows --High density housing concept plan..docx
Meeting Date: March 5, 2018
the Vision Study may pursue City Council feedback prior to submitting a
development application with the submission of a concept plan and narrative to
the City Council.
o All concept plans will be weighed against the policies of the Vision Study and
changing conditions within the community to determine if the new project has
merit and benefit.
o The Council discussion and direction on the concept plan shall be advisory only
and does not represent any project approvals.
The current concept plan proposes a medium and high density residential land use for the subject
site, this is in conflict with the Albertville proposed land use plan, and the applicant is pursuing
Council direction prior to creating detailed development plans and submitting formal application.
This concept was presented to the Council originally on February 5, 2018 for preliminary
comment. The Council offered a mixed review, but encouraged the applicant to proceed.
Following that meeting, City Staff outlined a list of apartment issues that the applicant needed to
provide greater detail to address the concerns expressed by the City Council. The applicant has
prepared a response to the Staff comments and wishes to discuss the concept plan again with the
Council prior to proceeding to development application.
KEY ISSUES:
• The site is guide and zoned for commercial land use. The applicant proposal is contrary
to the land use plan and they wish to pursue a rezoning to allow for medium and high
density residential uses for the entire site.
• The site in question is ll.8 acres in size is located at the corner of CR. 19 and 53rd Street
• The surrounding land uses:
o West: Single Family Residential
o North: Medium Density Residential / Cottages.
o South: Commercial Office , Ponding
o East: CR. 19, Commercial guided land.
• Site access will rely on a right-in / right-out access from CR.19 (County must approve
this access point) and 53rd Street. Concerns have be expressed over the traffic generation
of the new use, access and exiting of the site, impacts on 53rd street and the CR.19
intersection and the street jog between the proposed site access and Kyler Avenue.
Traffic study will be required to identify traffic generation, peak hour, and needed street
improvements.
• The concept plan propose 168 apartment units in three building and 34 quadraminium
units for total unit count of 202 on the 11.79 site. This is a density of 17 units per acre.
• The applicant has indicated that these units will be market rate rental units with rent
ranges of $1000 – $1700 for the apartments and $1200 - $1800 for the Quad units.
• The applicant has outlined the site and building amenities.
• The applicant has outlined the project management and tenant vetting process for the
Council.
• The Applicant has identified the following community benefits of the project.
Agenda Page 66
Mayor and Council Communication – March 5, 2018
Heuring Meadows Multiple Family PUD Concept plan Page 3 of 4
P:\City Council\Council Packet Information\2018\030518\Doug Carlson\1 - Heuring Meadows --High density housing concept plan..docx
Meeting Date: March 5, 2018
o Increase tax base, estimated $26,000,000 investment in the community.
o Market rate rental housing stock with unit, building and site amenities not
currently available in Albertville.
o Park dedication contribution over $600,000.00
o Payment of SAC/WAC fees
POLICY/PRACTICES CONSIDERATIONS: Council review of concept plans for
alternative land uses from those guided in the Vision study is consistent with the Pace of Growth
Goal 2 and its policies. This consideration is for the Council to give direction to the applicant
and Staff as to how this proposal should proceed.
FINANCIAL CONSIDERATIONS: If the project is rejected the applicant is saved the cost of
development plans and application fees.
If the project moves ahead the applicant will incur costs of plan development, application fees,
and development fees. Project build out will provide tax base and development fees to the city.
LEGAL CONSIDERATIONS: Concept plan review does not convey any development
approvals.
Department/Responsible Person: Alan Brixius City Planner
Submitted Through: Alan Brixius City Planner
Adam Nafstad City Administrator / Engineer
Attachments:
Staff List of issues.
Heuring Meadows Sketch Plan Narrative
Site Sketch Plan
Building plans
Declaration of Easements, Covenants, and Conditions
Agenda Page 67
Mayor and Council Communication – March 5, 2018
Heuring Meadows Multiple Family PUD Concept plan Page 4 of 4
P:\City Council\Council Packet Information\2018\030518\Doug Carlson\1 - Heuring Meadows --High density housing concept plan..docx
Meeting Date: March 5, 2018
Agenda Page 68
Leuer property apartment issues: 1. One owner for the entire complex. 2. Must maintain the street and parking lot to City standards. 3. All common open space. 4. Private park and playground (no park dedication credit) 5. Cross easement to neighboring property. 6. Phasing plan. 7. Traffic study. 8. Heated underground parking. 9. Identify storage for each unit. 10. Laundry facilities for each unit. 11. Granite Countertops. 12. Separate heat/AC for each unit. 13. Community room? 14. Exercise facilities? 15. Lobby design. 16. Mixture of 1, 2 and 3 bedroom units. 17. Identify property management team 18. Exterior finishes, Metal roof or 50 year shingle. 19. Management company contact info. 20. What is the proposed tenant vetting process 21.
Agenda Page 69
Page 1 of 3
Heuring Meadows Multi‐Family PUD Sketch Plan Narrative
Project Overview/Concept:
Proposed Use: Market rate rental housing apartments and quad home units
Site: 11.79 acres gross area
Unit Mix: 168 units apartments, mix of 1, 2, 3 bedroom units
34 units quad homes, all 3 bedroom units
Building Designs: apartments 3‐story buildings with underground parking,
quad homes 2‐story buildings with attached 2‐car garage
pitched roofs, combination of brick, hardie board, and
architectural vinyl siding
Parking: apartments; 2 stalls per unit (1 underground covered)
quad homes; 4 stalls per unit (2 garage covered)
Unit Amenities: washer/dryer in each unit, dishwasher, microwave,
LTV/carpet flooring, individual unit heating/air‐conditioning
Site Amenities: on site property management, 24‐hour maintenance,
tot‐lot playground, community room, fitness room,
secure entry underground parking,
secured storage space options for tenants
Rent estimates: apartments $1,000 to $1,700
quad homes $1,200 to $1,800
to be adjusted based on market conditions
Land Use / Zoning: current designation Commercial / B‐2 Limited Business
proposed rezone to Residential / PUD R6 High Density
Benefits to City: provides desirable market rate housing stock
promote growth and spending in local economy
increase tax base, site investment estimate $26 million
park fee contribution over $600k
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Page 2 of 3
Project Questionnaire:
1. One owner for the entire complex?
One ownership group with various finance entities for structures.
Structures will be on separate lots. Declaration, Covenants, and
Restrictions document will provide necessary protections for
common element maintenance and costs.
2. Must maintain the street and parking lot to City standards.
Understood.
3. All common open space.
Declaration will define. Snow removal and lawn care will be provided.
Tot‐lot playground maintenance will be included.
4. Private park and playground (no park dedication credit)?
Further discussion needed.
5. Cross easement to neighboring property?
Will be provided from Co Hwy 19 to 53rd Street.
6. Phasing plan?
Anticipated phasing as follows:
o 2018‐2019 Quad Homes west side and private drive
o 2019‐2020 Quad Homes north end and Apartment Building 1
o 2020‐2021 Apartment Building 2
o 2021‐2022 Apartment Building 3
7. Traffic study?
Will be completed.
8. Heated underground parking?
Yes.
9. Identify storage for each unit.
Storage options will be available for apartments.
10. Laundry facilities for each unit?
Yes.
11. Granite Countertops?
No.
12. Separate heat/AC for each unit?
Yes.
Agenda Page 71
Page 3 of 3
13. Community room?
Yes.
14. Exercise facilities?
Yes.
15. Lobby design?
Apartment Building 1 will include lobby and managers office.
16. Mixture of 1, 2 and 3 bedroom units?
Yes. Maxfield study will provide guidance regarding unit mix.
17. Identify property management team.
Management company is critical component of successful project.
Experienced management company with proven record to be engaged
for management and operations of total site. Extensive vetting
process by ownership and finance entities.
18. Exterior finishes, Metal roof or 50‐year shingle.
Pitched roof with shingles.
19. Management company contact info.
see 17 above
20. What is the proposed tenant vetting process?
Tenant vetting to be completed by management company including:
o Application submittal with required personal, financial, and
employment information
o Credit check with report of credit history, payment history, and
current debt
o Background check available via public records including any
criminal and eviction history, and any legal issues
o Check references
o Interview
21. Pedestrian trail/sidewalk?
Sidewalk will be provided extending from Co Hwy 19 to 53rd Street
adjacent to private drive. Updated concept plan indicates sidewalk.
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,
DECLARTION
OF
EASEMENTS, COVENANTS AN CONDITIONS
THIS DECLARTION OF EASEMENTS, COVENANTS AND CONDITIONS (the
"Declaration") is made as of the 30th day of July, 2009, by BLAINE PONDS JOINT
VENTURE LLC, a Minnesota limited liability company (the "Declarant").
RECITALS
A. Declarant is the record owner of that certain real propert located in the City of
Blaine, County of Anoka, and legally described on Exhbit A hereto (the "Declarant
Propert").
B. Blaine Preserve Phase I LLC, a Minnesota limited liability company ("BPP") is
the record owner of that certain real property located in the City of Blaine, County of Anoka, and
legally described on Exhbit A-I hereto (the "BPP Propert, which, in combination with the
Declarant Property, is hereinafter referred to as the "Mfected Propert", which Affected
Propert is legally described on Exhbit A-2 hereto).
C. Declarant has obtained the consent of BPP, as the record owner of the BPP
Propert, to subject the BPP Property to the terms and conditions of this Declaration, which
consent is documented by the attached wrtten consent executed by BPP.
D. Declarant wishes to grant an easement for drainage puroses over those portions
of the Affected Property legally described on Exhbit B hereto as shown by diagonal striping on
Exhibit E (the "Pond Outlots"), as well as other areas of the Affected Propert for the benefit of
that portion of the Affected Propert legally described on Exhbit C hereto (the "Benefited
Propert").
E. Declarant shall concurently with this Declaration convey its right, title and
interest in and to the Pond Outlots to Blaine Preserve Business Park Property Owners
Association, Inc., a nonprofit corporation and the owners' association for the Affected Property
(the "Association").
F. The Association has as its members all of the "Owners" (as defined below) of the
Benefited Property.
G. The Association has been formed for the purose of not only ownng the Pond
Outlots, but also the ownng and/or maintainng of certain propert and improvements within the
Affected Property, including storm sewer facilities, storm-water retention or detention ponds,
other utilities not publicly owned and servicing more than one private part, if any, landscaping
and irrgation systems, monument and other signage, common drveways and fixtues, equipment,
devices and other propert to be located on or within the Affected Property and appurenant to or
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used or useful in connection with the maintenance, repair or operation of the foregoing
(collectively, the "Utity Facilties").
H. The Association has consented to tae ownership of the Pond Outlots and to be
responsible for the inspection, maintenance, repair and operation of the Utility Facilities located
on, in, under or across the Affected Property.
1. As par of the Utility Facilities, Declarant intends to develop or arange for the
development of drveways ("Driveways") to be available for servicing the Afected Propert, which
Driveways shall be deemed to include concrete, bituous or other hard suraced areas designed
and meant for motor vehicle use, includig curb cuts, apron drves between curb cuts, curbs, and
drving lanes all with the areas as designated on Exhbit D ("Common Drive Area"), which
Common Drive Area may be expanded by Declarant as hereafter set forth.
J. It is desirable to provide cert easements for the placement and maitenance of
utility lines and utility connections, the Driveways and other Utility Facilities to permt the common
and reciprocal use of the Driveways and other Utility Facilities constrcted on the Afected
Propert.
K. It is desirable to effectuate the placement, constrction, ownership and maitenance
of a signage monument ("Monument") which is par of the Utility Facilities.
L. It is desirable to provide for cert use restrctions with the Affected Propert.
M. To the extent any of the easements created hereby are between platted lots or outlots
withi the Afected Propert ("Lots" provided that if any Lot is subdivided by replatting, each of
the lots resulting from the subdivided Lot shall also be deemed "Lots" hereunder) under common
ownership, the same shall be an equitable servitude but shall be deemed an easement and shall not
be deemed merged in such common ownership, until such time as all the Owners of Benefited
Propert specify in a recorded wrtig, a specific intent to merge such interests.
NOW, THEREFORE, the Affected Propert shall have the benefit of the rights,
easements, restrictions, covenants and conditions set fort herein:
I. Scope of Declaration. The covenants, restrctions and easements created herein shall
attch to, bind and ru with the Afected Propert, and shall inure to the benefit of and be bindig
upon Declarant and subsequent owners and tranferees of the Afected Propert and their respective
heirs, representatives, successors in title, and assign, but nothg herein contaed shall be deemed
to create any easement or other rights in any tenant or licensee of any "Owner" (as defied below)
of the Afected Propert or for the benefit of any propert or propert owner other than the Afected
Propert and Owners thereof Any person or entity which is or becomes an Owner shall cease being
an Owner for puroses of ths Declaration when it no longer is the record fee simple owner of any
par, parcel or portion of the Afected Propert, subject however, to Aricle II below.
2. Owers. "Ower" or "Owners" as used herein shall be deemed to mean the record
fee simple owner as listed in the Anoka County Recorder's Offce of any of the Lots (as defined
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above), except and uness there is of record a contract for deed or intallment land sales contract
("Contract"), or a "Land Lease" (as defined below). In the event of such a Contract or Land Lease
and so long as said Contract or Land Lease remais in ful force and effect of record, then "Owner"
shall be deemed to be the vendee under said Contract or the lessee under said Land Lease, as the
case may be, in lieu of said fee simple owner (except for puroses of amending or modifying ths
Declaration, in which case both the fee simple owner and the vendee or lessee shall be deemed the
"Owner").
(a) "Land Lease" shall mean only leases which cover all of one or more of a
given Lot having an intial term of not less than 20 years or an intial term of not less than 5
years coupled with extension options in favor of the tenant such that the tenant shall have
the right to possession of not less than 30 years; and permtting the tenant to constrct
buildings and/or other improvements upon the leased propert.
(b) In the event any Lot has as its Owner more than one person and/or entity,
then for all puroses of ths Declaration, said joint or common Owners shall act as and be
deemed to be one, but shall be jointly and severally obligated under this Declaration.
3. Common Drive Area Easement. There is hereby declared and granted, in favor of
the Lots within the Benefited Property a perpetu right and easement for the non-exclusive use of
the Common Drive Area. Said easement shall be for drveway puroses, for motor vehicles and
other traffc, ingress and egress to and from the Lots and public ways. The area subject to said
easement is specifically limted to the Common Drive Area (as defined above), but said easement
shall include all encroachments of any improvements which are par of the Driveway which may
extend beyond said description. Declarant may extend/expand the Common Drive Area into any
Lot for which Decìarant is me ûwner of such Lot, by filing with the Ånoka County Recorder a
supplement to this Declaration ("Supplement"), which Supplement shal: i) reference ths
Declaration (by Anoka County recording filing Number, if available); and ii) describe and/or
graphically show the Common Drive Area as so extended/expanded. No Owner of any Lot with
the Benefited Propert, nor the Association, need, or otherwse shall be required to, consent to
a.'1y such Supplement in order for the Common Drive Aiea to be so expanded. Upon fiing the
Supplement, all references herein to the Common Drive Area shall automatically be deemed to
include and mean the Common Drive Area as so extended/expanded.
4. Drainage and Storm Water Retention Easements. There is hereby declared and
granted, in favor of the Lots within the Benefited Propert, a perpetual, nonexclusive right and
easement for drainage and storm-water utilty puroses and for the discharge of storm water
which accumulates on such Benefited Propert onto, across and into those areas within seven
and one-half (7.5) feet of either side of the Storm Sewer Lines as shown on Exhbit E, as well as
those areas diagonally strped and shown on Exhbit E, attched hereto ("Drainage Easement
Areas"), including the Pond Outlots, subject to any regulation by the City of Blaine ("City") and
any other applicable law. Declarant shall maintain that portion of the Drainage Easement Areas
subject to the terms and conditions of that certain Declaration For Maintenance of Stormwater
Facilities dated September 6, 2007, and recorded on September 7, 2007 as Document No.
492750.0004 (the "Stormwater Declaration") to the standard required in such Stormwater
Declaration. Declarant may extend/expand the Draiage Easement Areas into any Lot for which
Declarant is the Owner of such Lot, by filing with the Anoka County Recorder a Supplement to ths
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Declaration, which Supplement shall: i) reference ths Declaration (by Anoka County recording
fiing Number, if available); and ii) describe and/or graphically show the Draiage Easement Areas
as so extended/expanded. No Owner of any Lot with the Benefited Propert, nor the Association,
need, or otherwise shall be required to, consent to any such Supplement in order for the Drainage
Easement Areas to be so expanded. Upon filing the Supplement, all references herein to the
Drainage Easement Areas shall automatically be deemed to include and mean the Drainage
Easement Areas as so extended/expanded.
5. Reciprocal Utities Easement. Each Lot shall have and is hereby granted perpetu
non-exclusive easements for installation, access to and use of "Utilities" (as defined below) with
the following: (i) the Common Drive Area and extending ten (10) feet on each side of the Common
Drive Area with the Afected Propert; and (ii) those areas within seven and one-half (7.5) feet
of either side of the water main and santa sewer lines as shown on Exhbit G (the "Utity
Easement Areas"). In addition, to the extent any portion of the Benefited Propert is subdivided,
the City of Blaie shall require those areas extendig ten (10) feet from the lot line of each newly
platted Lot to be dedicated as draiage and utility easement areas at the time such plat is recorded,
and these additional 10- feet drainage and utility easement areas shall be considered as par of the
Utilty Easement Areas hereunder. In addition, the Utility Easement Areas shall be automatically
extended to the extent that the Common Drive Area is extended by the fiing of a Supplement
pursuat to Section 3 above. Said easements shall include the right to intal Utilities below the
surace, but not above the surace (except for catch basins, manoles, and other accessory Utility
improvements which necessarly must be at the surace) of the Utility Easement Areas. The
constrction or instalation of any Utilities to be constrcted pursuat to the easements of this
paragraph must be in compliance with any requiements of the City and the Association. As used in
this Declaration, the term "Utities" shall mean, storm sewer catch basins (and related storm sewer
lines) water lines, irgation lines, santa sewer lines, electrcal lines, gas lines, telephone lines, and
any and all other utilty lines and any valves, switches, manoles or other accessory devices
appurenant and/or accessory to such utility lines.
6. Monument Simaf!e Easement. Declarant hereby declares an exclusive easement
(the "Signage Easement") för the benefit of the Association, over and across that portion of the
Afected Propert which is diagonally lined and labeled as "Proposed Monument Location" as set
fort on Exhbit F attched hereto and incorporated herein by reference (the "Signage Area"), for
the puroses of constrction of a Monument and the placement of a sign or signs thereon
(collectively the "Project Sig") identifying: "Blaie Preserve Business Park" or simlar words
identifyg the development, and such businesses, if any, as determed by the Association. Said
Signage Easement shall also include the right of maitenance and repai of the, Monument, Project
Sign, and the landscaping, utilities and other improvements associated with the Monument, Project
Sign with the Signage Area. The Signage Easement shall be appurenant to and for the benefit of
the Benefited Propert. The Monumentiroject Sign shall be constrcted by Declarant, at its sole
cost, subject to obtag governental approvals, which Declarant agrees to diligently pursue
obtag.
7. Landscape Easement. There is hereby declared and granted, in favor of the
Association, a perpetual, nonexclusive right and easement for landscaping as required by this
Section 7 over the Landscape Area (as defined below). The Pond Outlots and the airspace above
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the Pond Outlots shall be kept free from any and all permanent fixtues, structues, buildings or
similar improvements of any kind, but shall be landscaped and maintained as green and open
areas which shall include storm water retention or detention ponds. All areas within the Pond
Outlots outside the actual pond water, together with those areas with diagonal lines on Exhbit F
("Landscape Areas") shall be maintained and groomed by the Association with grasses, shrbs
and other natual vegetation free of noxious weeds. In no event shall there be allowed drving or
parkig of vehicles upon the Pond Outlots except to the extent necessar for maintenance and
upkeep of such Pond Outlots as required herein.
The Pond Outlots and Landscape Areas shall be maintained at all times in a safe, clean
and attractive condition by the Association. Said maintenance shall include, but shall not be
limited to, the cutting and grooming of all grass areas, planting of anual, bi-anual and/or
perennial shrbs, flowers and other flora; the use of appropriate weed control procedures,
removal of litter, keeping the pond water free and clear from excessive accumulation of algae,
and any other maintenance as may be required to keep the Pond Outlots in a condition so as to
enable them to satisfy all applicable ponding or drainage requirements imposed by any
governental authority for such Pond Outlots.
8. Easements for Work The easements created and granted by Aricles 3-7 of ths
Declaration shall and do include the right of the Association (and Owners of the Lots with respect to
Aricle 5) and their respective contractors, agents, representatives and assigns to enter upon the area
subject to the easements thereby created and such other pars of the Lots as may be reasonably
necessar for the purose of doing any "Work" (as defined below) to or on any Utility Facilities
which are located with the easement areas so as to enable the use, enjoyment and benefit of such
easements and Utility Facilities. The scope of the easement to perform Work does not include nor
extend to the storage of equipment, tools, supplies, vehicles, etc. on a Lot not owned by the Owner
doing the Work, uness the consent of the Lot's Owner is obtaned.
(a) All Work on an easement area created or granted hereby shall be done: (i) in
such maner as to not uneasonably interfere with the normal use and enjoyment of the area
on which the Work is being done anà the operation of the business located upon the Lot, (ii)
at the sole cost and expense of the entity orderig the Work, (iii) in ful compliance with the
provisions of ths Agreement, (iv) in full compliance with all applicable statutes, codes,
ordinances, rules and reguations, (v) with respect to reconstrction, maitenance, repai,
alterations or modifications, the Work shall use materials, equipment and design and
engineerig stadards, equa to or better than those originally used, (vi) in a good and
workmanike maner, (vii) in such maner as not to adversely affect, impai or destroy the
strctual soundness or integrty, aesthetic appearance or fuctional utility of the Driveways
or Utilities improvements upon or in which the Work or activity is being done or any other
Strctue or improvement upon the Afected Propert, (viii) as diligently and as quickly as
reasonably possible, and (ix) in such a maner so as to clean the area and restore the afected
portion of the area on which the Work was done to a condition equa to or better than the
condition which existed prior to the commencement of such Work.
(b) Before anyone enters upon any easement area to do any Work, the Owner
doing the Work shall give at least twenty (20) days' prior notice of such entr to the Owner
upon whose Lot the Work is to be done ("Burdened Ower") and the anticipated entr
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time, estimated duration and purose; said right of entr being subject to the Burdened
Owner's not objecting to said entr at said time and/or for said duration and/or purose;
which objections, however, shall not be made uness a reasonable basis exists therefor.
Failure of the Burdened Owner to notify the enterig par after receipt of said notice and
within said twenty (20) day period shall be deemed conclusive evidence of lack of any such
objection. Such notice need not be given in the event of any emergency as reasonably
determed by the Owner doing the Work.
(c) The Owner doing the Work shall and hereby does underte to indemnfy,
defend and hold the Burdened Owner, harless from all costs, injures, damages, expenses
(including reasonable attorneys fees), liens, legal actions, clais or liabilties, including but
not limted to mechancs liens, which arse from any Work being done by or on behalf of the
Owner doing the Work. In addition, an Owner doing the Work shall provide proof of
adequate liabilty insurance coverage consisting of: (i) Commercial General and
Commercial Auto Liability in the amount of $1,000,000 per occurence, $2,000,000
aggregate, includig without limtation: (a) Products/Completed Operations Coverage on an
occurence basis, and (b) "XCU" Hazard Endorsement, if applicable; (ii) umbrella liability
in the amount of $5,000,000; and (iii) Contractor's Protective Liability Insurance coverig
the contractor and Owner in the amount of $1,000,000 per occurence, $2,000,000
aggregate, includig without limtation: (y) Products/Completed Operations Coverage on
an occurence basis, and (z) "XCU" Hazard Endorsement, if applicable. If the Association
is performg the Work, then it shall comply with Section 9( a) and (b) below.
(d) For puroses of ths Declaration, the term "Work" shall mean any
constrction, installation, maitenance, repai, cleang, replacement, alteration,
moàification, demolition, reconstrction or reinstalation of Utiities, Driveways or other
Utility Facilities' imrovements.
9. Costs for Work; Association Assessments. The Declarant shall perform, on
behalf of the Association: (i) any Work to be performed by the Association and/or
(ii) maintenance, repair and replacement of the Dtilit'j Facilities, including but not limited to
Driveways (including snow/ice removal) Landscape Areas, Signage Area, Project Sign, common
Utilities and Pond Outlots. The Board of Directors of the Association shall fix the amount of the
anual assessment based on an estimate of the costs and expenses to be incurred by the Declarant
in connection with (i) and (ii) above, as well as the cost of real estate taxes, assessments and
personal propert taxes, if any, on the Pond Outlots and/or any other propert owned by the
Association, and shall provide wrtten notice of such anual assessment to each Owner of the
Benefited Property at least thirt (30) days prior to the end of each calendar year. The
Association may include within the anual assessment to be levied against the Owners of the
Benefited Property, both a ten percent (l 0%) administrative fee payable to the Declarant, as well
as the cost of maintaining insurance in accordance with the terms of Section 9(a) below. The
initial anual assessment period shall commence as to all Lots of the Benefited Property on the
first day of the month following the conveyance of the Pond Outlots to the Association and shall
ru though and including the next succeeding December 31. The amount of the anual
assessments shall be fixed at a pro-rata rate for all Lots withi the Benefited Propert based on
the number of square feet contained within each Lot, as compared to the total square feet
contained within all Lots within the Benefited Property (each a "Pro Rata Share;" and
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collectively, the "Pro Rata Shares"). Owners of the Benefited Propert shall be required to
make periodic payments of assessments based on their respective Pro Rata Share of the anual
assessment budget on a quarerly basis on the first day of April, July, October and Januar of
each year; all unpaid assessments shall constitute a lien on each Lot of the Benefited Property. If
any assessment is not paid on or before its due date, the Association may impose interest from
the due date at the rate of twelve percent (12%) per anum; and if any assessment is not paid
within sixty (60) days of the due date, the Association may foreclose the lien by action in the
maner provided for foreclosure of mortgage liens. Each Owner, by acceptance of any
conveyance of any interest in the Benefited Propert, grants to the Association a power of sale to
accomplish the foreclosure and sale of each Owner's Lot. In a foreclosure action, the
Association shall be entited to recover, in addition to the principal amount of the unpaid
assessments, all costs of collection, including interest, attorney's fees and the cost of prosecuting
such action and fiing any liens. In addition, the Association may commence legal action to
recover sums due for damages, injunctive relief, foreclosure of lien or any combination thereof,
or any action for any other relief authorized by this Declaration, the Aricles of Incorporation or
the Bylaws, as available at law or in equity. In no case may any Owner withold any
assessments due and payable to the Association, or take (or omit) any action in violation of this
Declaration, the Aricles of Incorporation or the Bylaws, as a measure to enforce such Owner's
position, or for any other reason.
(a) The Association shall at all times maintain in full force and effect the
following: (i) the equivalent insurance as required by Section 8( c) above; and (ii)
commercial propert insurance pertinent to the Utilty Facilities and property of the
Association (collectively, the "Association Propert"), and the ownership, use, and
maintenance thereof, in an amount equal to the replacement value of such Association
Propert; provided, however, that if the Declarant is unable to obtain a separate policy on
the Association's behalf covering only the Association Propert, then Declarant may
purchase a single policy of insurance providing for coverage of both the Association
Propert as well as Declarant's Lot( s), and the Association shall allocate that portion of
the cost of such broader policy, as determined by the applicable insurance company,
which is allocable to Association Property only, between the Owners of the Benefited
Propert in accordance with their respective Pro Rata Shares.
(b) Each of the insurance policies described above shall contain a provision
that the same may not be cancelled without at least twenty (20) days prior wrtten notice
to each of the Owners of Benefited Propert. The Association fuher agrees to fush to
the Owners of Benefited Propert a certificate of insurance, prior to the effective date of
such policy, and any renewals or extensions thereof evidencing that the insurance
required is in full force and effect.
10. Retail Use Restrction. Subject to the restrictions set forth in this Section 10, the
Affected Property shall be used only for lawfl, non-residential, commercial puroses; provided
that except for Outlot E, Blaine Preserve Business Park, according to the recorded plat thereof,
Anoka County, Minesota ("Outlot E"), no portion of the Affected propert shall be utilzed for
stores selling goods to the general public at retail, including restaurants, coffee shops, hardware
stores, drgstores, gas service stations, etc. (the "Retail Restriction"). Such retail stores,
however, shall be allowed upon Outlot E. The Retail Restriction shall not prohibit what is
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sometimes referred to as "Retail Office" which term includes an office which provides services
directly to consumers including, without limitation, financial institutions (such as bans and
credit unons), real estate, stock brokerages, travel, insurance, medical, dental and legal offices.
II. Amendments. This Declaration may be terminated, modified, or amended only by
the wrtten consent of the Owners of Benefited Propert ownng 60% of the land area of the
Benefited Propert, together with the Association; provided that no easement benefiting any
Owner of Benefited Propert may be modified without such Owner's consent.
12. Micellaneous. This Declaration shall be effective and in full force and effect for
thirt (30) years from the date hereof, uness sooner terminated pursuant to Aricle 10 above. At
the end of said thi-year period, this Declaration shall automatically be extended for successive
ten-year periods until or uness the Association files of record a statement that this Declaration
shall not automatically renew at the next expiration date thereof, but rather shall terminate and be
of no fuher force or effect. Notwithstanding the foregoing, the easements created herein shall
be perpetual.
(a) In the event that any provision of ths Declaration is held to be invalid by any
cour, the invalidity of such provision shall not affect the remaining provisions of this
Declaration and they shall continue in full force and effect.
(b) The failure of any Owner of Benefited Property to enforce any right, easement,
restriction, covenant or condition herein shall not be deemed to constitute a waiver of the
right to do so thereafter, nor of the right to enforce any other right, easement, restriction,
covenant or condition hereof.
(c) The rights, easements, restrictions, covenants and conditions contained herein
may be enforced at law or in equity by the Association, or any Owner of Benefited
Propert. In connection with any lawsuit or cour proceedings for the enforcement of this
Agreement, the pary prevailing in such lawsuit or proceedings shall be entitled to its
costs and expenses associated therewith (including its reasonabie attorneys' fees).
(d) The obligations of any Owner of Benefited Propert shall cease on the date such
Benefited Owner ceases to own the Benefited Propert or any portion thereof; provided,
however, that any liability arsing hereunder prior to such Owner of Benefited Property
ceasing to own the Benefited Propert or any portion thereof shall not be terminated but
shall continue until such liability is satisfied.
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By:
By:
Wiliam P. Katter
Vice President/anager
STATE OF MISOTA )
) ss.
COUNTY OF HENNPIN )
The foregoing instruent was acknowledged before me this ød day of August, 2009 by
Fran J. Dutke and Wiliam P. Katter, the President! Manager and Vice President/anager,
respectively, of Blaine Ponds Joint Ventue LLC, a Minesota limited liability company, on
behalf of the limited liability company.
4+&/P'~Gd~Nota Public
¡¡..--.~ -w'- U J..v..... V YA~~Xl"..
Ie--. ARDYCE E. HANSON I
.Ji NC';ARy FûB~i:;.iAINNESOTA
"'. e...i.... ~ll' C-:"'missi:"-: i:)p.'i:$ .;al" :: 2C10 .'"....i:W...,.. V~?t.A.~.
I:
9
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I
Agenda Page 87
CONSENT OF
BLAI PRESERVE PHASE I LLC
TO
DECLARTION
OF
EASEMENTS, COVENANTS AN CONDITIONS
The undersigned, United Blaine Ponds Investment LLC, a Minnesota limited liability
company, and Moen Leuer Properties, Inc., a Minnesota corporation, as the sole members of
Blaine Preserve Phase I LLC, a Minnesota limited liability company, hereby each consent to and
join in the foregoing Declaration of Easements, Covenants and Conditions (the "Declaration"):
and, fuher, as Blaine Preserve Phase I LLC is the record owner of that certain real propert
legally described as Lot I, Blóck I, Blaine Preserve Business Park, Anoka County, Minnesota
(the "BPP Propert"), the sole members also hereby consent to subject the BPP Propert to the
terms and conditions of the Declaration.
UNTED BLAI PONDS INSTMENT LLC
By:
By:
By:
Wiliam P. Katter
Senior Vice President/anager
STATE OF MISOTA )
) ss.
COUNTY OF HENNPIN )
The foregoing instrent was acknowledged before me this ¡; day of August, 2009 by
Fran J. Dutke and Willam P. Katter, the President/anager and Senior Vice
President/anager, respectively, of United Properties Investment LLC, a Minesota limited
liability company and sole member of United Blaine Ponds Investment LLC, a Minnesota
limited liability company, on behalf thereof.
4:~((¿¿¿ C//~/JNota Public
10
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i
Agenda Page 88
MOENLEUE~INC.
By:
Bradley L. Moen
Secreta
STATEOFMISOTA )
) ss.COUNTY OL;r~~ )
The foregoing instrent was acknowledged before me this ~day of August, 2009 by
Bradley L. Moen, the Secretar of Moen Leuer Properties, Inc., a Minesota corporation, on
behalf of the corporation.
4~~¿~¿ÇJ
. Notar Public
.,,".._....._-~-'"_.
ie...." ARDYCE E. HANSON'¡~1 NOTARY PUB:'¡C.fAINNESOTA../~ ..... v.... Uy C ::"'r,iSS';'! brr'€s Jan. 31, 2C 10.tAIA"Vv.'l~..'t~~~ .
11
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Agenda Page 89
CONSENT OF
BLAI PRESERVE BUSINSS PAR PROPERTY OWNRS ASSOCIATION, INC.
TO
DECLARTION
OF
EASEMENTS, COVENANTS AN CONDITIONS
The undersigned, Blaine Preserve Business Park Propert Owners Association, Inc., a
Minnesota nonprofit corporation, hereby consents to and joins in the foregoing Declaration of
Easements, Covenants and Conditions.
RYE BUSINSS PAR
S ASSOCIATION, INC.
By:
By:
WiUìam~B~
~Q-
FranJ. Dutke\S-- "
By:
STATE OF MISOTA )
) ss.
COUNTY OF HENNPIN )
The foregoing instrent was acknowledged before me this k-- day of August, 2009 by
Wiliam P. Katter, and Fran J. Dutke, two of the three members of the Board of Directors of
Blaine Preserve Business Park Property Owners Association, Inc., a Minnesota non-profit
corporation, on behalf of the corporation.
#J
STATE OF MISOTA ) -.. ARDYCE E. HANSON
i.
) ss. NC;A.Rf PUB~I::.rAIW;ESOTA
COUNTY OF HENNPIN ) ...n.;~~:u :v.~;ml:~I~~~Ja;;;!,~: '
The foregoing instruent was acknowledged before me this ?£ day of August, 2009 by
Bradley L. Moen one of the three members of the Board of Directors of Blaine Preserve
Business Park Property Owners Association, Inc., a Minesota non-profit corporation, on behalf
of the corporation.
. ft._'" ft..... ........ ..""..,...""_......"".
ie" ARDYCE E. HANSON I
'. NCTARf PUB~I::.MIW;ESOTA
.) .óÇ.~_..,ß flv C::~rnISSt:;1 b'P"t$ ..al'. ~" 2C10.-....""...._...,...."".
4LyIL C ~"-~
. Nota Public
12
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Agenda Page 90
CONSENT AN SUBORDINATION
M&I MASHALL & ILSLEY BANK, a Wisconsin banng corporation ("Lender")
hereby consents to the foregoing Declaration Of Easements, Covenants and Conditions (the
"Declaration") and hereby acknowledges and agrees that Lender's rights and interests in, to and
under the followig:
(i) that cert Combination Mortgage, Securty Agreement and Fixtue Financing
Statement executed by United Blaie Ponds Investment LLC, a Minesota limted
liability company and Moen Leuer Properties, Inc., a Minesota corporation, in favor
of Lender, dated April 20, 2007 and recorded in the offce of the Registrar of Titles of
Anoka County, Minesota on April 24, 2007 as Document No. 491371.004, as
amended by that cert First Amendment of Combination Mortgage, Securty
Agreement, Fixte Financing Agreement, and Assignent of Leases and Rents dated
December 20, 2007, and filed March 12, 2008, as Document No. 494497.010
(collectively, "Mortgage No. I"); and
(ii) that cert Combination Mortgage, Securty Agreement and Fixtue Financing
Statement executed by both United Blaie Ponds Investment LLC, Moen Leuer
Propertes, Inc., as well as Blaie Ponds Joint Ventue LLC, a Minnesota limted
liability company, in favor of Lender, dated September 12,2007 and recorded in the
offce of the Registrar of Titles of Anoka County, Miesota on September 13, 2007
as Document No. 492798.007 ("Mortgage No.2", and together with Mortgage No. I,
the "Mortgages");
as well as any UCC financing statement, collateral assignent of leases and rents or other securty
securg the same debt secured by the Mortgages, is and hereafer shall be subordinate and junor to
the Declaration the same as if the Declaration had been filed of record prior to the Mortgages.
Lender's consent to the subordiation herein is to the Declaration only, and such consent and
subordination is not intended to and does not and shall not in any way effect or otherwse change
the ful suboråination of the liens and encumbrances, if any, of any Owner which may arse under
the lien of the Mortgages.
By:
Its:
By:
Its:
10-
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Agenda Page 91
STATE OF MISOTA )
) ss.COUNTY OF HENNEPIN )
The fore~p4\_ instient was acknowledged before me ths 7+- day of August, 2009, byWQ(G\ J1 tt-hted and , theU~ot Vf'(~ìëf and , respectively, of M&I
MASHAL & ILSLEY BANK, a Wisconsin b~ corpration, on beba therof~~e:J
Nota Public
Doc# 2402317\7
I.
i
Agenda Page 92
ExmBITA
Legal Description of
Declarant Propert
Lot 2, Block I, and Outlots B, C, D, E, F, G and H, Blaine Preserve Business Park, according to
the recorded plat thereof, Anoka County, Minnesota.
EXIIT A-I
Legal Description of
BPP Propert
Lot I, Block I, Blaine Preserve Business Park, according to the recorded plat thereof, Anoka
County, Minnesota.
ExmBITA-2
Legal Description of
Mfected Propert
Lots I and 2, Block I, and Outlots B, C, D, E, F, G and H, Blaine Preserve Business Park,
according to the recorded plat thereof, Anoka County, Minnesota.
EXIITB
Legai Description of
Propert Containing Pond Outlots
Outlots B, D, F, and H, Blaine Preserve Business Park, according to the recorded plat thereof,
Anoka County, Minnesota.
ExmBITC
Legal Description of
Benefited Propert
Lots I and 2, Block I, and Outlots C, E and G, Blaine Preserve Business Park, according to the
recorded plat thereof, Anoka County, Minnesota.
Doc# 2402317\7
Agenda Page 93
EXIITD
Common Drive Area
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BLAINE PRESERVE BUSINESS PARK
alaine. Minnesota
EXHIBIT D .. COMMON DRIVE AREAS
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Agenda Page 94
ExmBITE
Drainage Easement Areas
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BLAINE PRESERVÊ BUSINESS PARk
Blaine, MInnesota
EXHIBIT E - DRAINAGE EASEMENT AREAS
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Agenda Page 95
EXlITF
Signage Easement and Landscape Area
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BLAINE PRESERVE BUSINESS PARK
Blaine, Minnesota
EXHIBIT F - SIGNAGE EASEMENT AND LANDSCAPE AREAS
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Agenda Page 96
EXIITG
Utity Easement Areas
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BLAINE PRESERVE BUSINESS PARK
BlaIne, Minnesota
EXHIBIT G - UTILITY EASEMENT AREAS
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Doc# 2402317\7
Agenda Page 97
Mayor and Council Request for Action
Meeting Date: March 5, 2018
March 1, 2018
SUBJECT: PLANNING DEPARTMENT – CONSIDER AN AMENDMENT TO
SECTION 4600, I-1 DISTRICT AND SECTION 4700, I-2 DISTRICT, LOT AREA AND
SETBACK CHANGES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
MOTION TO: Adopt Ordinance Number 2018-06 approving amendments to the city’s existing
code surrounding requirements for building height, lot area and setbacks within the city’s I-1 and
I-2 Industrial Districts.
BACKGROUND: As a result of recent development proposals, staff was asked to examine the
current performance standards for the city of Albertville’s industrial districts. The two related
questions needing to be answered were whether the current requirements were effective and
already producing high quality industrial activity within the city, whether additional flexibility
with these requirements would help to attract and allow for new industrial development and
expansion in the city.
The Albertville Planning and Zoning Commission held a public hearing and reviewed the
development application and staff reports and heard public testimony. At the close of the public
hearing, the Planning and Zoning Commission recommended that the City Council approve the
amendment with conditions.
KEY ISSUES:
• A maximum building height of 35 feet can limit the types of industrial uses who can
locate in these districts.
• Current setbacks can produce difficulties for development on small or irregular lots.
• I-1 has a discretionary lot area requirement, which could be useful and add flexibility to
the I-2 district, however existing area requirements when volatile or hazardous uses are
involved on the site should remain in place.
• Minimum district size served no purpose.
POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice
was published and a public hearing held by the Planning and Zoning Commission. They
recommended the City Council approve this amendment to the city’s ordinance language.
Agenda Page 98
Mayor and Council Request for Action – March 5, 2018
Page 2 of 2
Meeting Date: March 5, 2018
FINANCIAL CONSIDERATIONS: Allowing for more flexibility in industrial district
standards fits with the city’s economic development goals of providing industrial growth and
expanded industrial tax base.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City
Council have the authority to approve or deny these amendments.
Department/Responsible Person: Planning/Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator
Attachments:
Planning Report dated February 8, 2018
Draft Ordinance
Ordinance No. 2018-06
Agenda Page 99
MEMORANDUM
TO: Adam Nafstad
FROM: Alan Brixius
DATE: February 8, 2018
RE: Albertville – Industrial District Amendments
FILE: 163.05 – 18.02
BACKGROUND
Recent development proposals in Albertville’s industrial districts have prompted a closer
look at the zoning ordinance performance standards in the I-1 Limited Industrial and I-2
General Industrial districts. This review is focused on determining whether the existing
requirements related to standards such as setbacks, building height, and building
coverage produce desired outcomes or if changes may provide greater flexibility in
attracting new industrial development, expansion, and redevelopment in the city.
ISSUES
Building Height. The ordinance sets a maximum building height for principal structures
in all zoning districts at 35 feet. Industrial buildings often require higher ceilings, multiple
stories, or exterior building equipment that may exceed the district height limit. Allowing
for additional height would provide more flexibility for industries choosing to locate or
expand in Albertville.
Some cities allow for additional height over district standards via conditional use permit.
This would provide an opportunity to consider potential land use impacts of a taller
structure. However, it may be appropriate to permit buildings up to 45 feet in height and
then require a conditional use permit for structures exceeding that maximum.
Building Setbacks. The ordinance currently requires that industrial buildings are set back
35 feet from lot lines adjacent to public streets (front yards and side yards on corner
lots). This may create constraints on small or irregularly shaped lots and limit the size of
the building permitted. Allowing for a lesser setback could again provide flexibility in site
design while ensuring that a sufficient buffer is maintained between buildings and
Agenda Page 100
streets. Reducing setback requirements to a 30 foot front setback and a 20 foot side
yard setback abutting a public street will still provide space for landscaping while making
more efficient use of lot area.
Lot Area. The I-1 District does not set a specific minimum lot area, but rather allows
evaluation lot area based on requirements for parking, loading, minimum yards, setback
requirements, and building coverage. This provides flexibility in site selection and may
permit a site to qualify for I-1 rezoning that is suitable in all other respects but may not
meet a minimum lot area standard.
This flexibility does not apply in the I-2 General Industrial district where a minimum lot
area of 20,000 square feet is required. The planning commission should consider
whether or not this discretionary lot area provision would be appropriately extended to
the I-2 District.
For potentially volatile, hazardous, or other uses that may generate odors, the I-2 District
requires a conditional use permit. One of the criteria to be met is a minimum lot size
requirement of 20,000 square feet. We are recommending retaining this provision while
allowing other uses flexibility with regard to lot area.
Minimum District Size. The ordinance currently requires a minimum of five acres and
300 feet of street frontage for an industrial district. This may have been initially intended
to ensure that sufficient area would be provided to separate industrial districts from other
uses that may be incompatible with the noise, odors, and truck traffic typically associated
with industrial uses.
This provision is somewhat problematic as it is unclear whether rezoning a parcel less
than 5 acres to I-1 or I-2 would not be permitted unless it was adjacent to an existing
industrial district. Likewise, an issue may arise if a parcel was rezoned to a district other
than industrial reducing the total acreage of industrial parcels to less than 5 acres in an
area.
The city currently has two primary industrial districts that provide sufficient acreage to
accommodate industrial uses where land use impacts may be minimized. This provision
appears to no longer be useful and may cause unintended problems. We are
recommending the ordinance be amended to remove the minimum district size
provisions.
SUMMARY
Maintaining a vibrant and diverse industrial base is a key economic development priority
for the city. The proposed changes would provide additional flexibility in site and building
design for industries choosing to locate or expand in Albertville.
Agenda Page 101
Attached is a draft ordinance reflecting the proposed changes discussed above for
planning commission review. The planning commission should make recommendations
based on public hearing comment and direct staff to prepare an ordinance amendment
for city council consideration.
c: Kim Hodena
Maeghan Becker
Mike Couri
Agenda Page 102
Exhibit B
DRAFT - DRAFT - DRAFT
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2018-__________
AN ORDINANCE AMENDING APPENDIX A – ZONING ORDINANCE OF THE
ALBERTVILLE CITY CODE RELATED TO CHANGES TO CHAPTER 4600, I-1
LIMITED INDUSTRIAL DISTRICT; AND CHAPTER 4700, I-2 GENERAL
INDUSTRIAL DISTRICT PERTAINING TO LOT REQUIREMENTS, MAXIMUM
BUILDING HEIGHT, AND MINIMUM DISTRICT STANDARDS
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS:
SECTION 1. Chapter 4600 I-1 Limited Industrial District, Section 4600.5 Lot Requirements
and Setbacks of the Albertville City Code is hereby amended to repeal the strikeouts and add the
following underlined text:
C. Setbacks:
1. Front yard: Thirty five feet (35') Thirty feet (30’).
2. Side yard:
a. Corner lot: Thirty five feet (35') Twenty feet (20’).
b. Interior lot: Ten feet (10').
3. Rear yard: Twenty feet (20').
SECTION 2. Chapter 4600 I-1 Limited Industrial District, Section 4600.6 Maximum Building
Height of the Albertville City Code is hereby amended to repeal the strikeouts and add the
following underlined text:
Thirty five feet (35'). Maximum building height shall not exceed forty-five feet (45’)
except by conditional use permit.
SECTION 3. Chapter 4600 I-1 Limited Industrial District, Section 4600.7 Minimum District
Size of the Albertville City Code is hereby repealed.
SECTION 4. Chapter 4700 I-2 General Industrial District, Section 4700.6 Lot Requirements
and Setbacks of the Albertville City Code is hereby amended to repeal the strikeouts and add the
following underlined text:
The following minimum requirements shall be observed in an I-2 district, subject to
additional requirements, exceptions and modifications set forth in this ordinance:
Agenda Page 103
City of Albertville
Ordinance No. 2018-____
Meeting of _____________, 2018
Page 2
Exhibit B
A. Lot area: Twenty thousand (20,000) square feet The minimum lot area within the I-2
district shall be determined by the criteria for parking, loading, minimum yards and
setback requirements and building coverage described for this district.
B. Lot width: One hundred feet (100').
C. Setbacks:
1. Front yard: Thirty five feet (35') Thirty feet (30’).
2. Side yard: Twenty feet (20').
a. Corner lot: Twenty feet (20’).
b. Interior lot: Ten feet (10').
3. Rear yard: Twenty feet (20').
SECTION 5. Chapter 4700 I-2 General Industrial District, Section 4700.7 Maximum Building
Height of the Albertville City Code is hereby amended to repeal the strikeouts and add the
following underlined text:
Thirty five feet (35'). Maximum building height shall not exceed forty-five feet (45’)
except by conditional use permit.
SECTION 6. Chapter 4700 I-2 General Industrial District, Section 4700.8 Minimum District
Size of the Albertville City Code is hereby repealed.
This amendment shall be in full force and effective immediately following its passage and
publication.
Approved by the Albertville City Council this _____ day of ______________ 2018.
___________________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________
Kimberly A. Hodena, City Clerk
Agenda Page 104
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2018-06
AN ORDINANCE AMENDING APPENDIX A – ZONING ORDINANCE OF THE
ALBERTVILLE CITY CODE RELATED TO CHANGES TO CHAPTER 4600, I-1
LIMITED INDUSTRIAL DISTRICT; AND CHAPTER 4700, I-2 GENERAL
INDUSTRIAL DISTRICT PERTAINING TO LOT REQUIREMENTS, MAXIMUM
BUILDING HEIGHT, AND MINIMUM DISTRICT STANDARDS
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS:
SECTION 1. Chapter 4600 I-1 Limited Industrial District, Section 4600.5 Lot Requirements
and Setbacks of the Albertville City Code is hereby amended to:
C. Setbacks:
1. Front yard: Thirty feet (30’).
2. Side yard:
a. Corner lot: Twenty feet (20’).
b. Interior lot: Ten feet (10').
3. Rear yard: Twenty feet (20').
SECTION 2. Chapter 4600 I-1 Limited Industrial District, Section 4600.6 Maximum Building
Height of the Albertville City Code is hereby amended to:
Maximum building height shall not exceed forty-five feet (45’) except by conditional use
permit.
SECTION 3. Chapter 4600 I-1 Limited Industrial District, Section 4600.7 Minimum District
Size of the Albertville City Code is hereby repealed.
SECTION 4. Chapter 4700 I-2 General Industrial District, Section 4700.6 Lot Requirements
and Setbacks of the Albertville City Code is hereby amended to:
The following minimum requirements shall be observed in an I-2 district, subject to
additional requirements, exceptions and modifications set forth in this ordinance:
A. Lot area: The minimum lot area within the I-2 district shall be determined by the
criteria for parking, loading, minimum yards and setback requirements and building
coverage described for this district.
B. Lot width: One hundred feet (100').
Agenda Page 105
City of Albertville
Ordinance No. 2018-06
Meeting of March 5, 2018
Page 2
C. Setbacks:
1. Front yard: Thirty feet (30’).
2. Side yard:
a. Corner lot: Twenty feet (20’).
b. Interior lot: Ten feet (10').
3. Rear yard: Twenty feet (20').
SECTION 5. Chapter 4700 I-2 General Industrial District, Section 4700.7 Maximum Building
Height of the Albertville City Code is hereby amended to:
Maximum building height shall not exceed forty-five feet (45’) except by conditional use
permit.
SECTION 6. Chapter 4700 I-2 General Industrial District, Section 4700.8 Minimum District
Size of the Albertville City Code is hereby repealed.
This ordinance shall be in full force and effective immediately following its passage and
publication.
Approved by the Albertville City Council this 5th day of March, 2018.
___________________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________
Kimberly A. Hodena, City Clerk
Agenda Page 106
Mayor and Council Request for Action
Meeting Date: March 5, 2018
March 1, 2018
SUBJECT: PLANNING DEPARTMENT – CONSIDER AN AMENDMENT TO TITLE 6,
CHAPTER 2, ANIMAL CONTROL OF THE CITY CODE AND SECTION 4500 AND
4600 OF THE ALBERTVILLE ZONING ORDINANCE REGARDING PRIVATE AND
COMMERCIAL KENNELS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
MOTION TO: Adopt Ordinance Number 2018-xx approving amendments to Title 6, Chapter
2, Animal Control in the City Code and authorize publication of a summary ordinance.
MOTION TO: Adopt Ordinance Number 2018-xx approving amendments to Section 4500
and 4600 of the Albertville Zoning Ordinance regarding commercial kennels and authorize
publication of a summary ordinance.
BACKGROUND: Albertville City Code allows for residents to keep a maximum of two dogs as
pets on their property. However, the City has received complaints related to nusiances resulting
from too many dogs. Rather than comply with the dog limit most pursued the private kennel
license which allows up to six dogs as pets. While this bought the number of dogs into code
compliance it does not resolve the nuisance issues for the abutting properties or the
neighborhood. This has become an enforcement issue nuisances issues as noise and inadequate
yard maintenance.
Based on the number of complaints being received, staff has examined the existing code and
suggests the attached code amendments. This was reviewed at public hearing on February 13,
2018 by the Albertville Planning Commission and they recommended approval of the attached
ordinance amendments.
KEY ISSUES:
• The governing language around “private kennels” is vague in the conditions it sets,
allowing for improper use of the license
• Nuisance complaints have risen as a direct result of properties with three or more dogs.
While the private kennel allows the greater number of dogs, it does not resolve the
nuisance issues relate to dogs within a residential neighborhood.
• The proposed amendment is intended to improve code enforcement on nuisance issues.
• Commercial Kennels can be a desirable use in the city, but ordinance language must
define their permitted locations and performance standards.
Agenda Page 107
Mayor and Council Request for Action – March 5, 2018
Page 2 of 2
Meeting Date: March 5,.2018
POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice
was published and a public hearing held by the Planning and Zoning Commission. They
recommended the City Council approve this amendment to the city’s ordinance language.
FINANCIAL CONSIDERATIONS: Changes to animal code will improve code enforcement
and reduce staff time.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City
Council have the authority to approve or deny these amendments.
Department/Responsible Person: Planning/Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator
Attachments:
Planning Report dated February 8th, 2018
Draft City Code Ordinance
Draft Zoning Code Ordinance
Ordinance No. 2018-xx
Ordinance No. 2018-xx
Agenda Page 108
MEMORANDUM
TO: Adam Nafstad
FROM: Alan Brixius / Ryan Grittman
DATE: February 8, 2018
RE: Albertville- Private Kennel Ordinance
FILE NO: 163.05 – 17.22
BACKGROUND
Staff has been asked to look at the City Code and Zoning Ordinance related to kennels.
The Albertville City Code allows residents to keep two dogs as pets on their property.
However, the current City Code also allows a private kennel license that allows
properties in the City to keep up to six dogs with conditions. This has caused nuisance
issues stemming from residential properties that keep more than two dogs with regard
to barking, odors, and lack of yard maintenance. The “private kennel” license, has
become an issue due do its vague requirements and lack of conditions, allowing
property owners to take advantage of the City Code to keep more than two dogs on
their property without remedying the problems.
Attached for reference:
Exhibit A: City Code Amendment Draft
Exhibit B: Zoning Ordinance Amendment Draft
Exhibit C: ADA Requirements and Definitions
ISSUES AND ANALYSIS
Current Regulations. The current City Code allows two dogs without a private kennel
license. This appears to be a reasonable standard for urban single family lots, medium
density townhome units or apartments. Staff has proposed an ordinance that repeals
the private kennel license entirely and keeps the two dog limit in place; but allows one
additional dog if it is a service animal as defined by the code. Using guidance from the
ADA, staff has attempted to define a service animal as follows:
Agenda Page 109
“Service Animal Defined by Title II and Title III of the ADA. A service animal
means any dog that is individually trained to do work or perform tasks for the
benefit of an individual with a disability, including a physical, sensory,
psychiatric, intellectual, or other mental disability.”
The ADA also has definitions for comfort animal, emotional support animal, service
animal, and therapy animal (see Exhibit C ). According to the ADA, these dogs are not
service dogs. Based on their definitions, they do not require any special training and
only provide comfort to the owner. In this regard, staff does not believe that we can
distinguish these dogs from any pet. These dogs are not prohibited, but their number
must be within the established cap. With the exception of a service animal that requires
specific training (i.e. seeing eye dogs, police dogs, etc.) there is no way for staff to
distinguish how an animal may be defined without documentation of training.
Regarding the number of dogs, staff offers three options:
1. Limit the number of dogs to two per household. All dogs including service dogs
would be included in this limit.
2. Limit the number of dogs to two per household and allow an exception for service
dogs.
3. Increase the limit of dogs to three per household. All dogs including service dogs
would be included in this limit.
Based on the history of complaints, staff would endorse Option 1 or 2, rather than
increase the number of dogs per household city-wide.
Private Kennels. The current private kennel license allows property owners to apply
for a license to keep up to six dogs on site. The ordinance is vague in that it does not
have many specific requirements for operating a private kennel; does not offer specific
zoning districts where the use is allowed; and allows anyone to obtain a license with
little oversight.
In instances of nuisance complaints regarding number of dogs, violators have taken
advantage of the City Code to keep more than two dogs under the protection of the
private kennel license without remedying the complaints. Staff suggests that the
elimination of the private kennels as a means to protect individual neighborhoods and
simplify City enforcement. It should be noted that a private kennel license is different
than a commercial kennel license.
Commercial Kennel. Staff has attached a second draft ordinance to this memo that
defines which zoning districts a commercial kennel can operate in. Currently, the A-1
and B-W Districts are the only districts that allow kennels. The draft ordinance will allow
commercial kennels in the I-1 Zoning Districts, in addition to the A-1 and B-W Districts.
Agenda Page 110
The draft ordinance also changes the requirements for a commercial kennel by
removing the maximum allowable number of dogs at 30 and replacing it with a
requirement that the number will be based on the site’s ability to accommodate the
dogs. In no case will a commercial kennel be allowed to keep more than 30 dogs.
CONCLUSION:
The attached ordinances amend two parts of the City Code. The first
ordinance addresses Title 6, Chapter 2 Animal Control. The second ordinance amends
the Zoning Ordinance establishing performance standards for commercial kennels in
the A-1, B-W, and I-1 Zoning Districts. Planning Commission is requested to review
and edit the ordinances, and provide recommendation to the City Council on the
ordinance amendments.
C: Kim Hodena
Maeghan Becker
Mike Couri
Paul Heins
Agenda Page 111
Exhibit B
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2018-___
AN ORDINANCE AMENDING THE CITY CODE, SECTIONS 6-2-1, 6-2-3, 6-2-16,
6-2-17, AND 6-2-18 RELATING TO ANIMAL KENNELS IN THE CITY OF
ALBERTVILLE, MINNESOTA
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Section 6-2-1, Definitions of the Albertville City Code is hereby amended as
follows:
KENNEL, PRIVATE: Any place where more than two (2) dogs over six (6) months of age
owned by the kennel owner are kept for private enjoyment and not for breeding, sale, a fee or
other remuneration
SERVICE ANIMAL: An animal that is that is individually trained to do work or perform tasks
for people with disabilities. Service animals are working animals, not pets. A service animal
must have completed a skills test and be recognized by a professional training service as a
service animal. A dog whose sole function is to provide comfort or emotional support does not
qualify as a service animal.
Section 2. Section 6-2-3, Dog Licensing Provisions of the Albertville City Code is hereby
amended to read as follows:
6-2-3: DOG LICENSING PROVISIONS:
A. License Required: No person shall keep any dog within the city without securing a
license therefor from the city clerk, who shall keep a record of all licenses issued and
shall issue a metal tag for each license. Proof of vaccinations shall be submitted in order
to obtain a license.
1. The licensee shall at all times remain compliant with all applicable local, state
and/or federal laws, rules and/or regulations. Any violation of any applicable
local, state and/or federal laws, rules or regulations may result in the immediate
revocation of the license.
B. Fees and Application Requirements: It shall be required of each person owning, keeping,
or harboring a dog to pay a license fee to the city administrator or finance director as
imposed by this section. The license fee for any dog shall be computed at the rate as
established in section 3-1-3 of this code. Each application for such license shall include a
statement, signed by the person applying for the license, which certifies that the dog has
Agenda Page 112
City of Albertville
Ordinance No. 2018-_____
Meeting of _____, 2018
Page 2
Exhibit B
been inoculated for rabies not more than twenty-four (24) months preceding the date of
application. Upon receipt of the license fee and the signed application, the city
administrator or finance director shall execute the receipt in duplicate, the original of
which shall be given to the person who pays the fee. The duplicate shall be retained in the
records of the city administrator. This receipt shall describe the dog as to color, breed,
age, sex, and weight. Any owner shall produce for inspection the license receipt upon the
request of the animal control authority.
C. Dog Tags: The city administrator shall procure a sufficient number of metallic tags for
delivery of one such tag to the person paying the license fee. It shall be the responsibility
of the owner of the dog for which said tag was obtained to permanently attach the tag to
the collar of the dog in such manner that the tag may be readily seen. The tag is not
transferable to any other dog or to a new owner of the dog. If a tag is lost or stolen, the
owner may obtain a new tag by surrendering the license receipt for the first tag and by
paying an additional fee as established in section 3-1-3 of this code.
D. Unauthorized Use of Dog License Receipts, Tags and Certificates: It shall be unlawful
for any person to use for any dog a license receipt, license tag, or a rabies inoculation
certificate issued to another person or dog.
E. Commercial Kennel License: A commercial kennel license may be issued by the animal
control authority.
F. Private Kennel License: A private kennel license may be issued by the animal control
authority
F. License Limit. Except for Commercial Kennels, no property shall contain more than two
(2) dogs over the age of six (6) months at a time. A property may contain three (3) dogs
if one or more are service animals as defined in this section.
Section 3. Section 6-2-16, Commercial Kennels of the Albertville City Code is hereby amended
to read as follows:
6-2-16: COMMERCIAL KENNELS:
A. License Required: No person shall operate a commercial dog kennel in the city without
first obtaining a license and being compliant with the zoning ordinance.
B. Application For License; Fee: Application for such license shall be made to the animal
control authority and shall be accompanied by the fee as established in section 3-1-3 of
this code.
C. Annual Licenses; Expiration; Fee: Commercial kennel licenses shall be issued on an
annual basis, expiring on December 31 following the first effective day of the kennel
Agenda Page 113
City of Albertville
Ordinance No. 2018-_____
Meeting of _____, 2018
Page 3
Exhibit B
license. The commercial kennel license fee shall be the amount per year or fraction
thereof as established in section 3-1-3 of this code.
D. Number Of Dogs: No person shall own, harbor, or keep upon his premises more than two
(2) dogs over the age of six (6) months unless in a commercial kennel duly licensed under
this section or a private kennel duly licensed under section 6-2-17 of this chapter
and or the provided such commercial kennel is operated as part of a veterinary clinic
operation at the same location. A property may contain three (3) dogs if one or more are
service animals as defined in this section. The maximum number of dogs permitted in a
commercial kennel shall be thirty (30); reflective of the sites ability to function
adequately according to Section 6-2-18 and provide a safe and clean environment. In no
case, shall a site be allowed to have more than 30 dogs onsite.
E. Commercial Kennel License: A license for a commercial kennel may be issued by the
animal control authority for the keeping of dogs. Such license shall specify any
restrictions, limitations, conditions or prohibitions which the animal control authority
deems reasonably necessary to protect any person or neighboring use from unsanitary
conditions, unreasonable noise or odors, or annoyance, or to protect the public health or
safety, including the health and safety of the animals to be housed in the kennel. Such a
license may be modified from time to time or revoked by the animal control authority or
the city council for failure to conform to such restrictions, limitations, conditions, or
prohibitions. Such modification or revocation shall be effective after ten (10) days
following the mailing of written notice thereof by certified mail to the person or persons
keeping or maintaining such dogs.
F. Sanitary Premises: Commercial kennels shall be kept in a clean and healthful condition at
all times and shall be open for inspection by duly authorized city authorities at any
reasonable time. A commercial kennel license may be revoked by the animal control
authority or the city council by reason of the violation of this chapter or any health or
nuisance order, laws, or regulations
G. Commercial kennels shall only operate in the following zoning districts:
1. A-1, Agricultural Rural District
2. B-W, Business Warehousing District
3. I-1, Limited Industrial District
Section 4. Section 6-2-17, Private Kennels of the Albertville City Code is hereby repealed in its
entirety:
6-2-17: PRIVATE KENNELS:
A. License Required: No person shall operate a private dog kennel in the city without first
obtaining a license and being compliant with the zoning ordinance.
Agenda Page 114
City of Albertville
Ordinance No. 2018-_____
Meeting of _____, 2018
Page 4
Exhibit B
B. Application For License; Fee: Application for such license shall be made to the city
administrator or city clerk and shall be accompanied by the license fee as established in
section 3-1-3 of this code.
C. Annual Licenses; Expiration; Fee: Private kennel licenses shall be issued on an annual
basis, expiring on December 31 following the first effective day of the kennel license.
The private kennel license fee shall be the amount per year or fraction thereof as
established in section 3-1-3 of this code. Such license shall specify any restrictions,
limitations, conditions or prohibitions which the animal control authority deems
reasonably necessary to protect any person or neighboring use from unsanitary
conditions, unreasonable noise or odors, or annoyance, or to protect the public health or
safety. Such a license may be modified from time to time or revoked by the animal
control authority or the city council for failure to conform to such restrictions, limitations,
conditions, or prohibitions. Such modification or revocation shall be effective after ten
(10) days following the mailing of written notice thereof by certified mail to the person or
persons keeping or maintaining such dogs.
D. Maximum Number of Dogs Without A Kennel License: No person shall own, harbor, or
keep upon his premises more than two (2) dogs over the age of six (6) months unless in a
private dog kennel duly licensed under this section or unless in a commercial dog kennel
duly licensed under this code.
E. Maximum Number of Dogs: The maximum number of dogs that may be contained in any
duly licensed private dog kennel is six (6), provided the following conditions are met:
1. When the dogs remain outside and not on a leash, they shall remain confined in a
fenced area where the fence acts as a physical barrier (not an electronic fence) that
reasonably restrains the dogs to a confined area.
2. All such dogs must be formally trained through obedience school or other such
training program.
3. All such dogs must have a microchip identification device inserted in their skin.
4. All such dogs shall be trained for one or more of the following specialized uses:
sled dog team, assistance, guide, hearing or service for a handicapped person, and
police canine unit, including sniffer, tracking and rescue uses, or an American
Kennel Club (AKC) sanctioned show or other similar event, provided such dog
participates in such AKC event at least once per year.
5. The applicant must demonstrate a need for the requested number of dogs.
F. Consent of Neighboring Property Owners: The animal control authority may grant any
license pursuant to this section after the applicant has sought and received the written
consent of at least eighty percent (80%) of the occupants of the several descriptions of the
real estate situated within one hundred feet (100') of the applicant's real estate. Such
written consent shall be required on the first and initial application and as often thereafter
as the city administrator or city clerk deems necessary.
Agenda Page 115
City of Albertville
Ordinance No. 2018-_____
Meeting of _____, 2018
Page 5
Exhibit B
G. Sanitary Premises: Private kennels shall be kept in a clean and healthful condition at all
times and shall be open for inspection by duly authorized city authorities at any
reasonable time. A private kennel license may be revoked by the animal control authority
or the city council by reason of the violation of this chapter or any health or nuisance
order, laws, or regulations.
Section 5. Section 6-2-18, Maintenance, Location, and Condition of Animal Quarters and
Commercial and Private Kennels of the Albertville City Code is hereby amended to read as
follows:
6-2-18: MAINTENANCE, LOCATION, AND CONDITION OF ANIMAL QUARTERS AND
COMMERCIAL AND PRIVATE KENNELS:
A. Animal housing facilities and commercial and private kennel facilities shall be
structurally sound and maintained in good repair. Indoor housing facilities should be
adequately ventilated and have ample light and heat, either natural or artificial.
B. Dogs kept outside shall be provided with access to shelter to protect them from the sun,
rain, and snow in accordance with Minnesota statutes section 343.40, subdivisions 1, 2, 3.
C. If dogs are confined by chains, such chains shall be so attached that they cannot become
entangled with the chains of other dogs or any other objects. Chains shall be of a size
commonly used for the size of dogs involved and shall be attached to the dog by means
of a well fitted collar. Such chains shall be at least three (3) times the length of the dog as
measured from the tip of its nose to the base of its tail.
D. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand, sit,
and lie in a comfortable normal position. The floors of the enclosure shall be constructed
so as to prevent injury to the dog's legs and feet.
E. The temperature for indoor housing facilities shall not be allowed to fall below fifty
degrees Fahrenheit (50°F) for dogs not accustomed to lower temperatures.
F. Disposal facilities shall be provided to minimize vermin, infestation, odors, and disease
hazards.
G. Adequate storage and refrigeration shall be provided to protect food supplies against
contamination and deterioration.
H. Commercial and private kennels must comply with building setbacks within the
applicable zoning district.
Agenda Page 116
City of Albertville
Ordinance No. 2018-_____
Meeting of _____, 2018
Page 6
Exhibit B
I. Commercial and private kennels may require a building permit if over one hundred
twenty (120) square feet in size.
Section 6. This ordinance shall be effective upon its passage and publication.
Approved by the Albertville City Council this _____ day of _________, 2018.
_____________________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 117
Exhibit C
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2018-___
AN ORDINANCE AMENDING THE CITY CODE APPENDIX A, ZONING
ORDINANCE, SECTIONS 3100.4, 4500.2, 4500.4, AND 4600.4 RELATING TO ANIMAL
KENNELS IN THE CITY OF ALBERTVILLE, MINNESOTA
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Section 3100.4, Agricultural Rural District Conditional Uses is hereby amended to
read as follows:
Commercial riding stables, kennels, and veterinary clinics with overnight care and similar uses;
provided, that:
A. Any building in which animals are kept, whether roofed shelter or enclosed structure,
shall be located a distance of one hundred feet (100') or more from any lot line.
B. The animals shall, at a minimum, be kept in an enclosed pen or corral of sufficient height
and strength to retain such animals. Said pen or corral may not be located closer than one
hundred feet (100') from a lot line.
C. The provisions of Minnesota pollution control agency regulations SW53(2), as may be
amended, are complied with.
D. All other applicable state and local regulations pertaining to nuisance, health and safety
conditions, etc. are complied with.
E. The provisions of subsection 400.2F of this ordinance are considered and satisfactorily
met.
F. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
Animal kennels and animal day care. Subject to the following conditions:
A. The facility's minimum size must provide for seventy-five (75) square feet per dog and
twenty (20) square feet per cat or any other animal boarded at any one time, exclusive of
office or storage area. The facility must provide one cage or air kennel per animal.
B. Related ancillary services including training, grooming and food and accessory sales may
be conducted or provided at the facility.
Agenda Page 118
City of Albertville
Ordinance No. 2018-_____
Meeting of _____, 2018
Page 2
Exhibit C
C. An exercise area shall be provided to accommodate the periodic exercising of animals
boarded at the facility. The exercise area must be one hundred (100) square feet in size
for each animal that occupies that area at any one time. Any outdoor exercise area must
be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly, and
any animal waste must be appropriately treated before it is allowed to enter any
stormwater pond or storm sewer.
D. The facility must have a ventilation system that prohibits the transmission of odors or
organisms between tenant bays. The ventilation system must be capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated
for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota
State Building Code, as may be amended, these requirements can be met by the
submission of an air exchange analysis, acceptable to the city from a Minnesota licensed
contractor or engineer confirming compliance with said standards, otherwise, the facility
ventilation system must be completely separate and independent of other tenant space
within the building. Facility air temperature must be maintained between sixty (60)
degrees and eighty (80) degrees Fahrenheit.
E. A sufficiently sized room/cage separate from the facility areas shall be provided to
adequately separate sick or injured animals from healthy animals.
F. Wall finish materials below forty-eight (48) inches in height shall be impervious,
washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish
shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at
least six (6) inches high, shall be installed along shared walls for sanitary confinement
and water wash-down cleaning.
G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a
container of sufficient construction to eliminate odors and organisms. All animal waste
must be properly disposed of daily.
H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville City
Code and all conditions of said section must be satisfied.
I. The property owner shall provide the city with at least fourteen (14) days' notice of the
animal kennel/day care intention to vacate the premises and allow a city inspection of the
premises.
J. The facility must provide sufficient, uniformly distributed lighting to the kennel area.
K. Exemption. Veterinary clinics that board ten (10) or fewer animals and pet stores are
exempt from this conditional use permit requirement.
L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
Agenda Page 119
City of Albertville
Ordinance No. 2018-_____
Meeting of _____, 2018
Page 3
Exhibit C
Section 2. Section 4500.2, B-W Business Warehousing District Permitted Uses is hereby
amended to read as follows:
Animal Kennels
Section 3. Section 4500.4, B-W Business Warehousing District Conditional Uses is hereby
amended to read as follows:
Animal kennels and animal day care subject to the following conditions:
A. The facility's minimum size must provide for seventy-five (75) square feet per dog and
twenty (20) square feet per cat or any other animal boarded at any one time, exclusive of
office or storage area. The facility must provide one cage or air kennel per animal.
B. Related ancillary services including training, grooming and food and accessory sales may
be conducted or provided at the facility.
C. An exercise area shall be provided to accommodate the periodic exercising of animals
boarded at the facility. The exercise area must be one hundred (100) square feet in size
for each animal that occupies that area at any one time. Any outdoor exercise area must
be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly, and
any animal waste must be appropriately treated before it is allowed to enter any
stormwater pond or storm sewer.
D. The facility must have a ventilation system that prohibits the transmission of odors or
organisms between tenant bays. The ventilation system must be capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated
for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota
State Building Code, as may be amended, these requirements can be met by the
submission of an air exchange analysis, acceptable to the city from a Minnesota licensed
contractor or engineer confirming compliance with said standards, otherwise, the facility
ventilation system must be completely separate and independent of other tenant space
within the building. Facility air temperature must be maintained between sixty (60)
degrees and eighty (80) degrees Fahrenheit.
E. A sufficiently sized room/cage separate from the facility areas shall be provided to
adequately separate sick or injured animals from healthy animals.
F. Wall finish materials below forty-eight (48) inches in height shall be impervious,
washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish
shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at
Agenda Page 120
City of Albertville
Ordinance No. 2018-_____
Meeting of _____, 2018
Page 4
Exhibit C
least six (6) inches high, shall be installed along shared walls for sanitary confinement
and water wash-down cleaning.
G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a
container of sufficient construction to eliminate odors and organisms. All animal waste
must be properly disposed of daily.
H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville City
Code and all conditions of said section must be satisfied.
I. The property owner shall provide the city with at least fourteen (14) days' notice of the
animal kennel/day care intention to vacate the premises and allow a city inspection of the
premises.
J. The facility must provide sufficient, uniformly distributed lighting to the kennel area.
K. Exemption. Veterinary clinics that board ten (10) or fewer animals and pet stores are
exempt from this conditional use permit requirement.
L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
Section 4. Section 4600.4, I-1 Limited Industrial District Conditional Uses is hereby amended
to read as follows:
Animal kennels and animal day care subject to the following conditions:
A. The facility's minimum size must provide for seventy-five (75) square feet per dog and
twenty (20) square feet per cat or any other animal boarded at any one time, exclusive of
office or storage area. The facility must provide one cage or air kennel per animal.
B. Related ancillary services including training, grooming and food and accessory sales may
be conducted or provided at the facility.
C. An exercise area shall be provided to accommodate the periodic exercising of animals
boarded at the facility. The exercise area must be one hundred (100) square feet in size
for each animal that occupies that area at any one time. Any outdoor exercise area must
be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly, and
any animal waste must be appropriately treated before it is allowed to enter any
stormwater pond or storm sewer.
D. The facility must have a ventilation system that prohibits the transmission of odors or
organisms between tenant bays. The ventilation system must be capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated
Agenda Page 121
City of Albertville
Ordinance No. 2018-_____
Meeting of _____, 2018
Page 5
Exhibit C
for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota
State Building Code, as may be amended, these requirements can be met by the
submission of an air exchange analysis, acceptable to the city from a Minnesota licensed
contractor or engineer confirming compliance with said standards, otherwise, the facility
ventilation system must be completely separate and independent of other tenant space
within the building. Facility air temperature must be maintained between sixty (60)
degrees and eighty (80) degrees Fahrenheit.
E. A sufficiently sized room/cage separate from the facility areas shall be provided to
adequately separate sick or injured animals from healthy animals.
F. Wall finish materials below forty-eight (48) inches in height shall be impervious,
washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish
shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at
least six (6) inches high, shall be installed along shared walls for sanitary confinement
and water wash-down cleaning.
G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a
container of sufficient construction to eliminate odors and organisms. All animal waste
must be properly disposed of daily.
H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville City
Code and all conditions of said section must be satisfied.
I. The property owner shall provide the city with at least fourteen (14) days' notice of the
animal kennel/day care intention to vacate the premises and allow a city inspection of the
premises.
J. The facility must provide sufficient, uniformly distributed lighting to the kennel area.
K. Exemption. Veterinary clinics that board ten (10) or fewer animals and pet stores are
exempt from this conditional use permit requirement.
L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
Section 5. This ordinance shall be effective upon its passage and publication.
Approved by the Albertville City Council this _____ day of _________, 2018.
Agenda Page 122
City of Albertville
Ordinance No. 2018-_____
Meeting of _____, 2018
Page 6
Exhibit C
_____________________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 123
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2018-07
AN ORDINANCE AMENDING THE CITY CODE, SECTIONS 6-2-1, 6-2-3, 6-2-16,
6-2-17, AND 6-2-18 RELATING TO ANIMAL KENNELS IN THE CITY OF
ALBERTVILLE, MINNESOTA
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Section 6-2-1, Definitions of the Albertville City Code is hereby amended as
follows:
SERVICE ANIMAL: An animal that is that is individually trained to do work or perform tasks
for people with disabilities. Service animals are working animals, not pets. A service animal
must have completed a skills test and be recognized by a professional training service as a
service animal. A dog whose sole function is to provide comfort or emotional support does not
qualify as a service animal.
Section 2. Section 6-2-3, Dog Licensing Provisions of the Albertville City Code is hereby
amended to read as follows:
6-2-3: DOG LICENSING PROVISIONS:
A. License Required: No person shall keep any dog within the city without securing a
license therefor from the city clerk, who shall keep a record of all licenses issued and
shall issue a metal tag for each license. Proof of vaccinations shall be submitted in order
to obtain a license.
1. The licensee shall at all times remain compliant with all applicable local, state
and/or federal laws, rules and/or regulations. Any violation of any applicable
local, state and/or federal laws, rules or regulations may result in the immediate
revocation of the license.
B. Fees and Application Requirements: It shall be required of each person owning, keeping,
or harboring a dog to pay a license fee to the city administrator or finance director as
imposed by this section. The license fee for any dog shall be computed at the rate as
established in section 3-1-3 of this code. Each application for such license shall include a
statement, signed by the person applying for the license, which certifies that the dog has
been inoculated for rabies not more than twenty-four (24) months preceding the date of
application. Upon receipt of the license fee and the signed application, the city
administrator or finance director shall execute the receipt in duplicate, the original of
which shall be given to the person who pays the fee. The duplicate shall be retained in the
records of the city administrator. This receipt shall describe the dog as to color, breed,
Agenda Page 124
City of Albertville
Ordinance No. 2018-07
Meeting of March 5, 2018
Page 2
age, sex, and weight. Any owner shall produce for inspection the license receipt upon the
request of the animal control authority.
C. Dog Tags: The city administrator shall procure a sufficient number of metallic tags for
delivery of one such tag to the person paying the license fee. It shall be the responsibility
of the owner of the dog for which said tag was obtained to permanently attach the tag to
the collar of the dog in such manner that the tag may be readily seen. The tag is not
transferable to any other dog or to a new owner of the dog. If a tag is lost or stolen, the
owner may obtain a new tag by surrendering the license receipt for the first tag and by
paying an additional fee as established in section 3-1-3 of this code.
D. Unauthorized Use of Dog License Receipts, Tags and Certificates: It shall be unlawful
for any person to use for any dog a license receipt, license tag, or a rabies inoculation
certificate issued to another person or dog.
E. Commercial Kennel License: A commercial kennel license may be issued by the animal
control authority.
F. License Limit. Except for Commercial Kennels, no property shall contain more than two
(2) dogs over the age of six (6) months at a time. A property may contain three (3) dogs
if one or more are service animals as defined in this section.
Section 3. Section 6-2-16, Commercial Kennels of the Albertville City Code is hereby amended
to read as follows:
6-2-16: COMMERCIAL KENNELS:
A. License Required: No person shall operate a commercial dog kennel in the city without
first obtaining a license and being compliant with the zoning ordinance.
B. Application For License; Fee: Application for such license shall be made to the animal
control authority and shall be accompanied by the fee as established in section 3-1-3 of
this code.
C. Annual Licenses; Expiration; Fee: Commercial kennel licenses shall be issued on an
annual basis, expiring on December 31 following the first effective day of the kennel
license. The commercial kennel license fee shall be the amount per year or fraction
thereof as established in section 3-1-3 of this code.
D. Number Of Dogs: No person shall own, harbor, or keep upon his premises more than two
(2) dogs over the age of six (6) months unless in a commercial kennel duly licensed under
this section or the commercial kennel is operated as part of a veterinary clinic operation
at the same location. A property may contain three (3) dogs if one or more are service
animals as defined in this section. The maximum number of dogs permitted in a
commercial kennel shall be reflective of the sites ability to function adequately according
Agenda Page 125
City of Albertville
Ordinance No. 2018-07
Meeting of March 5, 2018
Page 3
to Section 6-2-18 and provide a safe and clean environment. In no case, shall a site be
allowed to have more than 30 dogs onsite.
E. Commercial Kennel License: A license for a commercial kennel may be issued by the
animal control authority for the keeping of dogs. Such license shall specify any
restrictions, limitations, conditions or prohibitions which the animal control authority
deems reasonably necessary to protect any person or neighboring use from unsanitary
conditions, unreasonable noise or odors, or annoyance, or to protect the public health or
safety, including the health and safety of the animals to be housed in the kennel. Such a
license may be modified from time to time or revoked by the animal control authority or
the city council for failure to conform to such restrictions, limitations, conditions, or
prohibitions. Such modification or revocation shall be effective after ten (10) days
following the mailing of written notice thereof by certified mail to the person or persons
keeping or maintaining such dogs.
F. Sanitary Premises: Commercial kennels shall be kept in a clean and healthful condition at
all times and shall be open for inspection by duly authorized city authorities at any
reasonable time. A commercial kennel license may be revoked by the animal control
authority or the city council by reason of the violation of this chapter or any health or
nuisance order, laws, or regulations
G. Commercial kennels shall only operate in the following zoning districts:
1. A-1, Agricultural Rural District
2. B-W, Business Warehousing District
3. I-1, Limited Industrial District
Section 4. Section 6-2-17, Private Kennels of the Albertville City Code is hereby repealed in its
entirety.
Section 5. Section 6-2-18, Maintenance, Location, and Condition of Animal Quarters and
Commercial and Private Kennels of the Albertville City Code is hereby amended to read as
follows:
6-2-18: MAINTENANCE, LOCATION, AND CONDITION OF ANIMAL QUARTERS AND
COMMERCIAL KENNELS:
A. Animal housing facilities and commercial kennel facilities shall be structurally sound and
maintained in good repair. Indoor housing facilities should be adequately ventilated and
have ample light and heat, either natural or artificial.
B. Dogs kept outside shall be provided with access to shelter to protect them from the sun,
rain, and snow in accordance with Minnesota statutes section 343.40, subdivisions 1, 2, 3.
Agenda Page 126
City of Albertville
Ordinance No. 2018-07
Meeting of March 5, 2018
Page 4
C. If dogs are confined by chains, such chains shall be so attached that they cannot become
entangled with the chains of other dogs or any other objects. Chains shall be of a size
commonly used for the size of dogs involved and shall be attached to the dog by means
of a well fitted collar. Such chains shall be at least three (3) times the length of the dog as
measured from the tip of its nose to the base of its tail.
D. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand, sit,
and lie in a comfortable normal position. The floors of the enclosure shall be constructed
so as to prevent injury to the dog's legs and feet.
E. The temperature for indoor housing facilities shall not be allowed to fall below fifty
degrees Fahrenheit (50°F) for dogs not accustomed to lower temperatures.
F. Disposal facilities shall be provided to minimize vermin, infestation, odors, and disease
hazards.
G. Adequate storage and refrigeration shall be provided to protect food supplies against
contamination and deterioration.
H. Commercial kennels must comply with building setbacks within the applicable zoning
district.
I. Commercial kennels may require a building permit if over one hundred twenty (120)
square feet in size.
Section 6. This ordinance shall be effective upon its passage and publication.
Approved by the Albertville City Council this 5th day of March, 2018.
_____________________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 127
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2018-08
AN ORDINANCE AMENDING THE CITY CODE APPENDIX A, ZONING
ORDINANCE, SECTIONS 3100.4, 4500.2, 4500.4, AND 4600.4 RELATING TO ANIMAL
KENNELS IN THE CITY OF ALBERTVILLE, MINNESOTA
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Section 3100.4, Agricultural Rural District Conditional Uses is hereby amended to
read as follows:
Commercial riding stables and veterinary clinics with overnight care and similar uses; provided,
that:
A. Any building in which animals are kept, whether roofed shelter or enclosed structure,
shall be located a distance of one hundred feet (100') or more from any lot line.
B. The animals shall, at a minimum, be kept in an enclosed pen or corral of sufficient height
and strength to retain such animals. Said pen or corral may not be located closer than one
hundred feet (100') from a lot line.
C. The provisions of Minnesota pollution control agency regulations SW53(2), as may be
amended, are complied with.
D. All other applicable state and local regulations pertaining to nuisance, health and safety
conditions, etc. are complied with.
E. The provisions of subsection 400.2F of this ordinance are considered and satisfactorily
met.
F. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
Animal kennels and animal day care. Subject to the following conditions:
A. The facility's minimum size must provide for seventy-five (75) square feet per dog and
twenty (20) square feet per cat or any other animal boarded at any one time, exclusive of
office or storage area. The facility must provide one cage or air kennel per animal.
B. Related ancillary services including training, grooming and food and accessory sales may
be conducted or provided at the facility.
Agenda Page 128
City of Albertville
Ordinance No. 2018-08
Meeting of March 5, 2018
Page 2
C. An exercise area shall be provided to accommodate the periodic exercising of animals
boarded at the facility. The exercise area must be one hundred (100) square feet in size
for each animal that occupies that area at any one time. Any outdoor exercise area must
be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly, and
any animal waste must be appropriately treated before it is allowed to enter any
stormwater pond or storm sewer.
D. The facility must have a ventilation system that prohibits the transmission of odors or
organisms between tenant bays. The ventilation system must be capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated
for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota
State Building Code, as may be amended, these requirements can be met by the
submission of an air exchange analysis, acceptable to the city from a Minnesota licensed
contractor or engineer confirming compliance with said standards, otherwise, the facility
ventilation system must be completely separate and independent of other tenant space
within the building. Facility air temperature must be maintained between sixty (60)
degrees and eighty (80) degrees Fahrenheit.
E. A sufficiently sized room/cage separate from the facility areas shall be provided to
adequately separate sick or injured animals from healthy animals.
F. Wall finish materials below forty-eight (48) inches in height shall be impervious,
washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish
shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at
least six (6) inches high, shall be installed along shared walls for sanitary confinement
and water wash-down cleaning.
G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a
container of sufficient construction to eliminate odors and organisms. All animal waste
must be properly disposed of daily.
H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville City
Code and all conditions of said section must be satisfied.
I. The property owner shall provide the city with at least fourteen (14) days' notice of the
animal kennel/day care intention to vacate the premises and allow a city inspection of the
premises.
J. The facility must provide sufficient, uniformly distributed lighting to the kennel area.
K. Exemption. Veterinary clinics that board ten (10) or fewer animals and pet stores are
exempt from this conditional use permit requirement.
L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
Agenda Page 129
City of Albertville
Ordinance No. 2018-08
Meeting of March 5, 2018
Page 3
Section 2. Section 4500.2, B-W Business Warehousing District Permitted Uses is hereby
amended to read as follows:
Animal Kennels
Section 3. Section 4500.4, B-W Business Warehousing District Conditional Uses is hereby
amended to read as follows:
Animal kennels and animal day care subject to the following conditions:
A. The facility's minimum size must provide for seventy-five (75) square feet per dog and
twenty (20) square feet per cat or any other animal boarded at any one time, exclusive of
office or storage area. The facility must provide one cage or air kennel per animal.
B. Related ancillary services including training, grooming and food and accessory sales may
be conducted or provided at the facility.
C. An exercise area shall be provided to accommodate the periodic exercising of animals
boarded at the facility. The exercise area must be one hundred (100) square feet in size
for each animal that occupies that area at any one time. Any outdoor exercise area must
be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly, and
any animal waste must be appropriately treated before it is allowed to enter any
stormwater pond or storm sewer.
D. The facility must have a ventilation system that prohibits the transmission of odors or
organisms between tenant bays. The ventilation system must be capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated
for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota
State Building Code, as may be amended, these requirements can be met by the
submission of an air exchange analysis, acceptable to the city from a Minnesota licensed
contractor or engineer confirming compliance with said standards, otherwise, the facility
ventilation system must be completely separate and independent of other tenant space
within the building. Facility air temperature must be maintained between sixty (60)
degrees and eighty (80) degrees Fahrenheit.
E. A sufficiently sized room/cage separate from the facility areas shall be provided to
adequately separate sick or injured animals from healthy animals.
F. Wall finish materials below forty-eight (48) inches in height shall be impervious,
washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish
shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at
least six (6) inches high, shall be installed along shared walls for sanitary confinement
and water wash-down cleaning.
Agenda Page 130
City of Albertville
Ordinance No. 2018-08
Meeting of March 5, 2018
Page 4
G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a
container of sufficient construction to eliminate odors and organisms. All animal waste
must be properly disposed of daily.
H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville City
Code and all conditions of said section must be satisfied.
I. The property owner shall provide the city with at least fourteen (14) days' notice of the
animal kennel/day care intention to vacate the premises and allow a city inspection of the
premises.
J. The facility must provide sufficient, uniformly distributed lighting to the kennel area.
K. Exemption. Veterinary clinics that board ten (10) or fewer animals and pet stores are
exempt from this conditional use permit requirement.
L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
Section 4. Section 4600.4, I-1 Limited Industrial District Conditional Uses is hereby amended
to read as follows:
Animal kennels and animal day care subject to the following conditions:
A. The facility's minimum size must provide for seventy-five (75) square feet per dog and
twenty (20) square feet per cat or any other animal boarded at any one time, exclusive of
office or storage area. The facility must provide one cage or air kennel per animal.
B. Related ancillary services including training, grooming and food and accessory sales may
be conducted or provided at the facility.
C. An exercise area shall be provided to accommodate the periodic exercising of animals
boarded at the facility. The exercise area must be one hundred (100) square feet in size
for each animal that occupies that area at any one time. Any outdoor exercise area must
be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly, and
any animal waste must be appropriately treated before it is allowed to enter any
stormwater pond or storm sewer.
D. The facility must have a ventilation system that prohibits the transmission of odors or
organisms between tenant bays. The ventilation system must be capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated
for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota
State Building Code, as may be amended, these requirements can be met by the
submission of an air exchange analysis, acceptable to the city from a Minnesota licensed
contractor or engineer confirming compliance with said standards, otherwise, the facility
ventilation system must be completely separate and independent of other tenant space
Agenda Page 131
City of Albertville
Ordinance No. 2018-08
Meeting of March 5, 2018
Page 5
within the building. Facility air temperature must be maintained between sixty (60)
degrees and eighty (80) degrees Fahrenheit.
E. A sufficiently sized room/cage separate from the facility areas shall be provided to
adequately separate sick or injured animals from healthy animals.
F. Wall finish materials below forty-eight (48) inches in height shall be impervious,
washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish
shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at
least six (6) inches high, shall be installed along shared walls for sanitary confinement
and water wash-down cleaning.
G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a
container of sufficient construction to eliminate odors and organisms. All animal waste
must be properly disposed of daily.
H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville City
Code and all conditions of said section must be satisfied.
I. The property owner shall provide the city with at least fourteen (14) days' notice of the
animal kennel/day care intention to vacate the premises and allow a city inspection of the
premises.
J. The facility must provide sufficient, uniformly distributed lighting to the kennel area.
K. Exemption. Veterinary clinics that board ten (10) or fewer animals and pet stores are
exempt from this conditional use permit requirement.
L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
Section 5. This ordinance shall be effective upon its passage and publication.
Approved by the Albertville City Council this 5th day of March, 2018.
_____________________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________________
Kimberly A. Hodena, City Clerk
Agenda Page 132