2023-02-21 City Council Agenda PacketCity of Albertville Council Agenda
Tuesday, February 21, 2023
City Council Chambers
7 pm
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public Forum
and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes.
1.Call to Order
2.Pledge of Allegiance – Roll Call Pages
3.Recognitions – Presentations - Introductions
4.Public Forum – (time reserved 5 minutes)
5.Amendments to the Agenda
6.Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed
on the Consent Agenda following the approval of the remaining Consent items. Items pulled
will be approved by a separate motion.
A Approve the February 6, 2023, regular City Council Meeting minutes as presented.
B.Authorize the Tuesday, February 21, 2023, 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.
3-8
9
C.Approve an On-Sale Temporary Liquor License for St. Michael Lions Club for an event at
St. Albert Parish Center located at 11458 57th Street NE on March 4, 2023.
10
D.Approve the Chad Smith Ride for Life Lawful Gambling Exempt Permit Application for
their event to be held at The 152 Club located at 5794 Main Avenue NE on June 17, 2023.
11
E.Approve Final Payment Estimate to Knife River for Barthel Industrial Drive project in the
amount of $32,958.01.
F.Adopt Resolution No. 2023-10 accepting Grant Navigator Funding from the League of
Minnesota Cities.
12-15
G.Adopt Resolution No. 2023-11 vacating a Portion of 2nd Street and Lamont Avenue
(F.K.A. Pacific Avenue) within the Townsite of Hamburg in the City of Albertville.
16-26
7.Public Hearing – None
8.Wright County Sheriff’s Office – Updates, reports, etc.
9.Department Business
A.City Council
1.Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.)
City of Albertville City Council Agenda
Tuesday, February 21, 2023 Page 2 of 2
B.Building
1.2022 Year-End Building Permit Review 27-28
2.Annual Rental License Review and Discussion 29-33
C.City Clerk – None
D.Finance
A.4th Quarter Budget to Actual Report 34-36
E.Fire – None
F.Planning and Zoning – None
G.Public Works/Engineering – None
H.Legal
1.Regulation of THC Products within the City of Albertville 37-49
I.Administration
1.City Administrator’s Update - Verbal
10.Announcements and/or Upcoming Meetings
February 27 Joint Power Water Board, 6 pm
Parks Committee, 7 pm
March 6 City Council, 7 pm
March 13 STMA Arena Board, 6 pm
March 14 Planning Commission, 7 pm
March 20 City Council, 7 pm
11.Adjournment
ALBERTVILLE CITY COUNCIL
DRAFT REGULAR MEETING MINUTES February 6, 2023 – 7 pm
Council Chambers
Albertville City Hall
City Clerk Luedke administered the Oath of Office to Councilmember Hayden.
1.Call to Order
Mayor Hendrickson called the meeting to order at 7:03 pm.
2.Pledge of Allegiance – Roll Call
Present: Mayor Hendrickson, Councilmembers Cocking, Hayden, Olson and Zagorski.
Staff Present: City Administrator Nafstad, City Attorney Couri, City Planner Brixius, Fire Chief
Bullen, Finance Director Lannes and City Clerk Luedke.
3. Recognitions – Presentations – Introductions
A.2022 Albertville Fire Department Annual Awards
Fire Chief Bullen recognized the following Albertville Firefighters for their years of service:
Firefighter Verville (5 years), Firefighter Kreutner (10 years), Lieutenant Anderson and Firefighter
Eull (15 years) and Firefighters Gonsior and Tieran (20 years).
Chief Bullen said the department averaged 22 volunteer hours per member with Firefighter Follett
completing the most at 99 hours. Firefighter Gonsior received the Top Caller Award at 397 calls
and Lieutenant Gerads received the 2022 Paul Heinen Above and Beyond Award.
The City Council thanked the Albertville Fire Department for their service to the Community.
B.Albertville Fire Department Presentation – 2022 Year in Review
Fire Chief Bullen presented the 2022 call data and said the fire department had received a total of
549 and reported the department had already received 65 calls in 2023. He also provided details on
the incident statistics and the property values versus the loss and save from 2022 along with the
department’s accomplishments. Chief Bullen reviewed the 2022 grants received and thanked the
Albertville Lions Club for their generous donation. He answered questions from Council.
The Council thanked the Albertville Fire Department for their service to the City.
C.Wright County Public Health Radon Awareness Month
Gavin Woodland, Wright County Health Promotion Coordinator, presented information on radon
awareness and said radon is a colorless and odorless gas found in soil common throughout
Minnesota. He reported radon gas decays into fine particles which are radioactive and over long
periods of time can lead to lung cancer. He said the recommendation for residents was to test their
homes every 2 to 5 years. He explained the mitigate process if high levels of radon were found and
said Wright County was selling radon test kits for $5.
4.Public Forum
There was no one present for the public forum.
Agenda Page 3
City Council Meeting Draft Minutes Page 2
Regular Meeting of February 6, 2023
5. Amendments to the Agenda
Mayor Hendrickson asked if Council would like to move item 9E entitled Albertville Fire
Department Presentation after the 2022 Albertville Fire Department Annual Awards.
MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to move 9E.
Albertville Fire Department Presentation after the Fire Department Annual Awards. Ayes: Cocking,
Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the
February 6, 2023, agenda as amended. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski.
Nays: None. The motion carried.
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on
the Consent Agenda following the approval of the remaining Consent items. Items pulled will be
approved by a separate motion.
A. Approve the January 17, 2023, regular City Council Meeting minutes as presented.
B. Approve January 31, 2023, Joint Governance and Albertville Special Meeting minutes as
presented.
C. Authorize the Monday, February 6, 2023, payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at City
Hall upon request.
D. Approve the 2023 Albertville Fire Relief Association Bylaws.
E. Approve One-Day Temporary Liquor License for the STMA All Night Grad Party on
February 25, 2023, located at St. Albert Parish Center, 11458 57th Street NE, Albertville.
F. Accept Accounts Receivable Report.
MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to approve the
February 6, 2023, consent agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson and
Zagorski. Nays: None. The motion carried.
7. Public Hearing
A. Public Hearing Request to Vacate a Portion of 2nd Street and Lamont Avenue
within the Townsite of Hamburg
City Attorney Couri presented the staff report which included information on Particle Control’s
preliminary plat. He said the plat was approved pending the approval of the proposed access to
County Highway 37. He provided information on the easement vacation request and said the
surrounding properties would not be impacted by the request. He said upon approval, the final plat
would be approved.
Mayor Hendrickson opened the public hearing. No one requested to speak.
MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to close the
public hearing. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The
motion carried.
Agenda Page 4
City Council Meeting Draft Minutes Page 3
Regular Meeting of February 6, 2023
MOTION made by Councilmember Zagorski, seconded by Councilmember Olson to adopt
Resolution No. 2023-06 vacating a portion of 2nd Street and Lamont Avenue (F.K.A. Pacific
Avenue) within the Townsite of Hamburg in the City of Albertville. Ayes: Cocking, Hayden,
Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
B. Particle Control Developer’s Agreement
City Attorney Couri presented the staff report and reported the only public improvements involved
would be the construction of two culverts to convey the water to the County Highway 37 ditch. He
said because the property had been previously been platted it would not be subject to park
dedication or sanitary sewer charges.
City Administrator Nafstad said the letter of credit required to be posted by the developer for the
public improvements was $65,200.
MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to approve
Particle Control Developer’s Agreement. Ayes: Cocking, Hayden, Hendrickson, Olson and
Zagorski. Nays: None. The motion carried.
8. Wright County Sheriff’s Office – Updates, reports, etc.
There were no updates from the Wright County Sheriff’s Office.
9. Department Business
A. City Council
1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
There were no City Council updates.
2. Appointment of New Parks Committee Member
City Administrator Nafstad reported the City received one letter of interest for the open Parks
Committee seat. He said the Parks Committee interviewed the candidate and recommends the
appointment of Patrick Adamski to the Parks Committee.
MOTION made by Councilmember Zagorski, seconded by Councilmember Cocking to adopt
Resolution No. 2023-07 appointing a new Parks Committee Member. Ayes: Cocking, Hayden,
Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
3. Amendment to 2023 Council Appointments to Boards and Committees
City Administrator Nafstad welcomed newly appointed Councilmember Hayden and said the
Council had previously discussed assigning him to the open 2023 Boards and Committees
appointments.
There was Council discussion regarding the open Boards and Commission appointments.
MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt
Resolution No. 2023-08, with amendments, appointing City Council members to various Boards
and Committees for 2023. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None.
The motion carried.
Agenda Page 5
City Council Meeting Draft Minutes Page 4
Regular Meeting of February 6, 2023
4. Discussion of Planning Commission Vacancy
City Administrator Nafstad said due to the Councilmember Hayden’s appointment there was now a
vacancy on the Planning Commission. He said historically, the vacancy would be posted in the
City’s newsletter and on the website. He said the City has already received two letters of interest.
There was Council discussion regarding the vacancy. The Council’s consensus was to have the
Personnel Committee and a Planning Commission Member evaluate applications received and
present the top three or four applicants to the Council for review.
B. Building
1. Approve New City Building Official
City Administrator Nafstad presented the staff report which included information on the City’s
building inspection services contract with the City of St. Michael. He said Paul Heins, the current
Building Official, would be retiring in March and per state stature a new building official must be
named. Administrator Nafstad said St Michael has promoted current Building Inspector Rob
Lindberg to the Building Official position upon Paul Heins retirement.
There was Council discussion regarding the City’s future plans for building inspection services and
they approved the new Building Official appointment.
MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to adopt
Resolution No. 2023-09 approving new City Building Official Designation effective March 15,
2023. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
C. City Clerk
1. Local Board of Appeals and Equalization Meeting Date
City Clerk Luedke reported Wright County tentatively set the Albertville Local Board of Appeals
and Equalization meeting for Monday, April 17 at 6:15 pm and said City staff recommends setting
the meeting for this time.
MOTION made by Councilmember Hayden, seconded by Councilmember Olson to set the meeting
date for the Albertville Local Board of Appeals and Equalization for April 17, 2023, at 6:15 pm.
Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
D. Finance – None
E. Fire
1. Authorize a Fire Department Board of Officers Training Captain Promotion
Fire Chief Bullen presented the staff report recommending the promotion of Lieutenant Gerald
Gerads to the position of Training Captain.
The Council congratulated Training Captain Gerads the promotion and thanked him for his service.
MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to authorize
the promotion of Lieutenant Gerald Gerads to the position of Training Captain. Ayes: Cocking,
Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
Agenda Page 6
City Council Meeting Draft Minutes Page 5
Regular Meeting of February 6, 2023
2. Authorize a Fire Department Board of Officers Lieutenant Promotion
Fire Chief Bullen presented the staff report recommending the promotion of Firefighter Chris
Thurber to Lieutenant.
The Council congratulated Lieutenant Thurber the promotion and thanked him for his service.
MOTION made by Councilmember Zagorski, seconded by Councilmember Cocking to authorize
the promotion of Firefighter Chris Thurber to the position of Lieutenant. Ayes: Cocking, Hayden,
Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
3. 2023 Standard Operating Policies and Procedures Updates
Chief Bullen presented the details on the proposed Standard Operating Policies and Procedures
amendments. He said the Fire Department was requesting to change the 15-minutes response time
to 10-minutes which it was prior to 2015. He answered questions from Council.
City Attorney Couri answered questions from Council regarding the change in requirements.
MOTION made by Councilmember Olson, seconded by Councilmember Cocking to approve
revisions and updates to the 2023 Fire Department Standard Operating Policies and Procedures.
Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
F. Planning and Zoning
1. Sign Ordinance Amendment to Section 10-7-8 Permit Fees
City Planner Brixius presented the staff report and said the Albertville fee schedules includes a $75
annual renewal fee for each billboard within the City. He said the Albertville City Code previously
included language which was inadvertently removed with past amendments. Planner Brixius
reported the City has continued to collect the annual fee and said the amendment would
reestablished the language in the City Code. He answered questions from Council on the fee.
Finance Director Lannes and City Attorney Couri answered questions from Council regarding how
the fee amount was established.
MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to adopt
Ordinance No. 2023-01 amending Section 10-7-8.C Permit Fees reestablishing the billboard renewal
fee. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
G. Public Works/Engineering – None
H. Legal
1. Update on Maeyaert Property
City Attorney Couri asked the Council to reconvene to a closed meeting for the update due to the
on-going litigation.
I. Administration
1. Commercial Stormwater Recap
City Administrator Nafstad presented the back ground information on the stormwater utility fees.
He reported on how the fees were calculated and said City staff reviewed all of the City’s
commercial account. He reviewed the stormwater utility review summary and answered questions
from Council.
Agenda Page 7
City Council Meeting Draft Minutes Page 6
Regular Meeting of February 6, 2023
2. City Administrator’s Update
City Administrator Nafstad reviewed the City Administrator’s update.
City Administrator Nafstad answered questions from Council regarding the Albertville Mall’s
signage and provided an update on the east side of the mall. City Planner Brixius presented
information on what usages would be allowed in the Mall’s east side because of their current PUD.
The Council moved to a Closed Meeting to discuss the City of Albertville vs. Chuck Maeyaert
Litigation.
MOTION made by Councilmember Cocking, seconded by Councilmember Olson to closed the
meeting. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion
carried.
City Attorney Couri provided an update to the Council regarding the on-going litigation.
MOTION made by Councilmember Olson, seconded by Councilmember Hayden to re-open the
Council meeting. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The
motion carried.
Announcements and/or Upcoming Meetings
January 23 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
January 30 Joint Governance Meeting, 6 pm
February 6 City Council, 7 pm
February 13 STMA Arena Board, 6 pm
February 14 Planning Commission, 7 pm
February 20 City Hall closed in observance of President’s Day
February 21 City Council, 7 pm (Tuesday)
10. Adjournment
MOTION made by Councilmember Hayden, second by Councilmember Olson to adjourn the
meeting at 8:45 pm. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The
motion carried.
Respectfully submitted,
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 8
Mayor and Council Request for Action
February 21, 2023
SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Tuesday, February 21, 2023, 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 9
Mayor and Council Request for Action
February 21, 2023
SUBJECT: CONSENT – CITY CLERK – ST. MICHAEL LIONS CLUB ON-SALE
TEMPORARY LIQUOR LICENSE APPLICATION
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Approve an On-Sale Temporary Liquor License for St. Michael Lions Club for a
fundraiser event at St. Albert Parish Center located at 11458 57th Street NE on March 4, 2023.
BACKGROUND: The St. Michael Foundation will be holding their Annual Dinner and Dance
fundraiser for people with developmental challenges on March 4, 2023, at the St. Albert Parish
Center. The St. Michael Lions Club has applied for an on-sale temporary liquor license for the
event.
KEY ISSUES:
• The St. Michael Lions has applied for an on-sale temporary liquor license.
• The St. Michael Foundation is holding their Annual Dinner and Dance fundraiser on
March 4, 2023, from 5 pm to 10 pm.
• The City has received the appropriate liquor liability coverage for the event.
• The $100 fee for a temporary liquor license has been submitted for the event.
FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the
applicant for the liquor licensing.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and
approve or deny any liquor license.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments:
• Temporary Liquor License application is on file in the City Clerk’s Office
Agenda Page 10
Mayor and Council Request for Action
February 21, 2023
SUBJECT: CONSENT – CITY CLERK – CHAD SMITH RIDE FOR LIFE LAWFUL GAMBLING
PERMIT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve the Chad Smith Ride for Life Lawful Gambling Exempt Permit
Application for their event to be held at The 152 Club located at 5794 Main Avenue NE on June
17, 2023.
BACKGROUND: The Chad Smith Ride for Life organization has submitted a lawful gambling
permit for their event to be held at The 152 Club in Albertville. The organization is a non-profit
which provides financial support to families inflicted with the struggles of cancer. Approval of
their application will allow them to conduct lawful gambling at The 152 Club on June 17, 2023.
KEY ISSUES:
• The 15th Annual Chad Smith Ride for Life event will be held at The 152 Club on June 17,
2023.
• The Chad Smith Ride for Life organization is a qualifying non-profit organization which
provides financial support to families with cancer struggles.
• The Minnesota Gambling Control Board ultimately issues this type of license, but
requires City approval prior to issuing the license.
FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant
for the gambling permit.
LEGAL CONSIDERATIONS: It is the City’s policy to review and approve or deny gambling
permit applications for gambling activity within the City.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments:
• LG220 Application for Lawful Gambling Permit in on file in the City Clerk’s Office
Agenda Page 11
Mayor and Council Request for Action
February 21, 2023
SUBJECT: CONSENT – CLERK – ACCEPTING GRANT NAVIGATOR FUNDING FROM
THE LEAGUE OF MINNESOTA CITIES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2023-10 accepting Grant Navigator Funding from the
League of Minnesota Cities.
BACKGROUND: The League of Minnesota Cities (LMC) created a pilot Grant Navigation
Program in which LMC would provide grants up to $5,000 per City to be used with industry
partners to assist in identifying matching funds for City projects and support the grant application
process. On January 31, 2023, the Council authorized City staff to submit an application to the
LMC for grant navigation support in finding grant funding for the I-94 Pedestrian Bridge Project.
KEY ISSUES:
• The City of Albertville submitted an application to LMC to assist in finding grant funding
for the I-94 Pedestrian Bridge Project.
• The City was informed LMC approved the City’s application for grant navigator funding
in the amount of $5,000.
• The grant is to be used to support grant writing and application services regarding the
City’s I-94 Pedestrian Bridge Project.
FINANCIAL CONSIDERATIONS: The City will receive $5,000 to be used towards
assistance in identifying grant funding for I-94 Pedestrian Bridge Project.
LEGAL CONSIDERATIONS: The City Council has the authority to accept grant awards on
behalf of the City.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments:
• Resolution No. 2023-10
Agenda Page 12
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2023-10
A RESOLUTION ACCEPTING GRANT NAVIGATOR FUNDING
WHEREAS, the League of Minnesota Cities (“LMC”) has created a pilot Grants
Navigation Program (“Grant”) in which LMC provides grants up to $5,000 per city to use
with industry partners to ease the process of identifying matching funds to city projects and
aid in the grant application projects; and
WHEREAS, the City of Albertville (“City”) submitted an application for the Grant, a
copy of which is attached hereto as Exhibit A (“Application”) for support in finding grant
funding for I-94 Pedestrian Bridge (“Project”); and
WHEREAS, the City has been notified that it has been awarded $5000 from the Grant
(“Funding”) to find additional grant funding for the Project; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
accept the Funding and proceed with hiring a consultant to assist in finding additional grant
opportunities for the Project as noted in the Application, subject to the terms and conditions of
the Grant.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Albertville, Minnesota as follows:
1. The City accepts the Funding in order to seek additional grant opportunities to complete
the Project consistent with the findings in the Application.
2. The City shall use the Funding to pay for consulting services associated with finding
additional grant funding for the Project in a manner consistent with the terms and
conditions of the Grant and the Application.
3. Adam Nafstad is hereby appointed as the City’s Authorizing Agent related to the Grant
and the Project.
4. The Authorizing Agent is granted the authority to commit the City to any terms and
conditions required to accept the Grant.
5. The Authorizing Agent is granted the authority and directed to execute any documents
necessary to accept the Funding.
6. The Authorizing Agent shall serve as the City’s official liaison with the entity issuing
the Grant.
7. The Authorizing Agent is granted the authority to direct City staff and consultants in
matters related to accepting the Grant and finding funding for the Project.
8. If a state, federal, foundation, or nonprofit grant match is not found, or is applied to but
not awarded, the City will seek feedback on why the project was not eligible and report
back to the LMC with these findings consistent with the terms and conditions of the
Grant.
Agenda Page 13
City of Albertville
Resolution No. 2023-10
Meeting of February 21, 2023
Page 2
9. If a state, federal, foundation, or nonprofit grant is awarded, a project assessment will
be submitted to LMC within six months of the application's approval and then
periodically until after project completion consistent with the terms and conditions of
the Grant.
Adopted by the City Council of City of Albertville this 21st day of February 2023.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 14
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2023-05
A RESOLUTION AUTHORIZING APPLICATION FOR GRANT
NAVIGATION SUPPORT FOR THE CITY OF ALBERTVILLE
WHEREAS, the League of Minnesota Cities ("LMC") has created a pilot Grants
Navigation Program ("Program") in which LMC will provide grants up to $5,000 per city to use
with industry partners to ease the process of identifying matching funds to City projects and aid in
the grant application projects; and
WHEREAS, the Program is limited to providing services to help obtain grant funding for
one project per City; and
WHEREAS, the Program is limited to providing support in obtaining grant funding, and
LMC does not provide funds to implement projects; and
WHEREAS, the City of Albertville ("City") wishes to apply to the Program to for support
in finding grant funding for I-94 Pedestrian Bridge ("Project"); and
WHEREAS, the City recognizes that the if approved, any funds received through the
Program must be used in a manner consistent with the conditions above as well as all other
conditions or limitations of the Program.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Albertville,
Minnesota as follows:
1. The City names Kris Luedke as its fiscal agent ("Fiscal Agent") for the purposes of
applying to the Program on behalf of the City.
2. The City authorizes the Fiscal Agent to act on its behalf when communicating with LMC in
all matters related to the Program application for the Project.
3. If the City is awarded a grant under the Program, it agrees to use the funds to engage with
industry partners who will aid in the grant matching and application process consistent with
the terms and conditions of the Program.
4. If a state, federal, foundation, or nonprofit grant match is not found, or is applied to but not
awarded, the City will seek feedback on why the project was not eligible and report back to
the LMC with these findings consistent with the terms and conditions of the Program.
5. If a state, federal, foundation, or nonprofit grant is awarded, a project assessment will be
submitted to LMC within six months of the application's approval and then periodically until
after project completion consistent with the terms and conditions of the Program.
Adopted by the City Council of the City of Albertville this 30tn day 7 iJanuary 2023.
Mayor
ATTEST:
Kristine A. Luedke, City Clerk
City of Albertville
Resolution No. 2023-10
Meeting of February 21, 2023
Page 3
EXHIBIT A
Agenda Page 15
Mayor and Council Request for Action
February 21, 2023
SUBJECT: CONSENT – REQUEST TO VACATE A PORTION OF 2ND STREET AND
LAMONT AVENUE WITHIN THE TOWNSITE OF HAMBURG
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2023-11 vacating a Portion of 2nd Street and Lamont
Avenue (F.K.A. Pacific Avenue) within the Townsite of Hamburg in the City of Albertville.
BACKGROUND: On August 15, 2023, the City Council held a public hearing on the vacation
of all of 2nd Street between Lamont Avenue and County Highway 137. Because the County had
not yet approved an access from County Highway 137 where 2nd Street intersected Highway 137,
the City Council directed Particle Control to come back with a reduced vacation proposal that
would allow Lot 8 in Block A of the Hamburg Plat (the Barthel property) access to a public road
on its north side. However, the Resolution approving the Particle Control plat indicated that
some portion of 2nd Street and Lamont Avenue was vacated, but did not indicate exactly what
portions of 2nd Street and Lamont Avenue was vacated.
In November, 2022, the County approved Particle Control’s layout with two accesses to
Highway 137. With this approval, Particle Control prepared a revised legal description for the
vacation of 2nd Street and a portion of Lamont Avenue which assumed that the middle part of
Lamont Avenue was vacated in August, 2022. At the February 6, 2023, meeting, the City
Council vacated that portion of 2nd Street and Lamont Avenue, but the legal description did not
include the middle part of Lamont Avenue as it was believed that this portion of Lamont Avenue
was vacated in August, 2022.
This issue is back before the Council to ensure that all areas necessary to be vacated for Particle
Control to be able to construct its addition are in fact vacated. The attached Resolution No. 2022-
28 vacates those portions of 2nd Street and Lamont Avenue that the City intended to vacate in
one resolution that can be recorded on the property records. In essence, this resolution vacates
the portions of 2nd Street and Lamont Avenue that City staff believed was already vacated by the
August 15, 2022 and February 6, 2023 approvals.
KEY ISSUES:
• This Resolution confirms as vacated those portions of 2nd Street and Lamont Avenue that
City staff had thought were vacated by the Council in August, 2022, and on February 6,
2023.
• Passage of this resolution is necessary to allow the Particle Control plat to be recorded.
POLICY/PRACTICES CONSIDERATIONS: The City Council has acted to vacate these
portions of 2nd Street and Lamont Avenue in August, 2022, and on February 6, 2023. Resolution
No. 2023-11 formally completes this process with full legal descriptions of all portions of the
streets being vacated.
Agenda Page 16
Mayor and Council Request for Action – February 21, 2023
Legal – Vacation of Part of 2nd Street Page 2 of 2
FINANCIAL CONSIDERATIONS: Vacation of the roads is projected to have no financial
impact upon the City.
LEGAL CONSIDERATIONS: The City Council has the ability to vacate roads within the City
upon a vote of 4/5ths of the City Council if it appears in the public interest to do so.
Responsible Person: Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Maps showing proposed road vacation
• Particle Control Site Plan
• Resolution No. 2023-11
Agenda Page 17
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2022-28
RESOLUTION APPROVING REQUESTS FOR A ZONING MAP
AMENDMENT, PRELIMINARY AND FINAL PLAT, STREET VACATION AND
PUD SITE AND BUILDING PLANS FOR PARTICLE CONTROL FOR THE
EXPANSION OF THE INDUSTRIAL USE AT 6062 LAMBERT AVENUE WITHIN
THE CITY OF ALBERTVILLE
WHEREAS, Particle Control has filed applications and submitted plans for the
development of a 24,000 square foot warehouse expansion for their business located at 6062
Lambert Avenue. To facilitate the development proposal the following development applications
have been requested.
Zoning Map Amendment: Changing the zoning from B-3 Highway Commercial District
to Particle Control PUD /B-3 Planned Unit Development / Highway Commercial
District.
2. Vacation of portions of Lamont Avenue and Second Street rights of way.
3. Preliminary/Final Plat combining all Particle Control properties into one lot.
4. PUD-Site and Building Plan Review
WHEREAS, City Staff has reviewed development applications and the submitted plans
and prepared a planning report dated August 5, 2022; and
WHEREAS, the Albertville Planning Commission met and held a public hearing on
August 10, 2022, to consider the applications for zoning map amendment, street vacation,
preliminary and final plat, PUD site and building plans; and
WHEREAS, upon considering the application materials, the August 5, 2022 Planning
Report and public testimony the Planning Commission closed the public hearing and
recommended that the City Council approve the requested zoning map amendment, preliminary
and final plat, street vacation, and PUD site and building plan with the findings and conditions
outlined in the August 3, 2022, Planning Report as amended by the Planning Commission; and
WHEREAS, the Albertville City Council has held a public hearing to consider the
vacation of portions of Lamont Avenue and Second Street platted rights -of way, to solicit public
comment and consider the City Staff and Planning Commission review recommendation the
requested street vacation; and
WHEREAS, the City Council upon closing their public hearing on the vacation of the
public street rights -of -way and considering the application materials, the August 5, 2022
Planning Report and the recommendations of the Planning Commission, the City Council agrees
with the findings and recommendations of City Staff and the Planning Commission.
Agenda Page 18
City of Albertville, MN
Resolution No. 2022-28
Meeting of August 15, 2022
Page 2
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the Zoning Map Amendment, Preliminary and Final Plat, Street
Vacation and PUD-Site and Building Plans for the property described on the proposed
Preliminary/Final Plat the Particle Control Addition based on the following findings and
conditions.
Zoning Map amendment is approved based on the following findings.
The City's 2030 Visioning Study allows for expansion this industrial use in the area of
the City.
2. The subject site will take access from County Road 37 which can accommodate the
anticipated traffic.
3. As a requirement of site plan review, compatibility issues will be addressed through
screening, setbacks, building location and site design.
4. The proposed land uses will not overburden City utilities and sewer capacity.
Vacation of portions of Lamont Avenue are approved with the following conditions.
1. The vacation of at portion of Lamont Avenue NE lying between Lot 6 Block A and lot
10 Block of the Townsite of Hamburg. The City finds that this street right-of-way is
unimproved, contains no utilities and will not limit access to other adjoining properties.
2. The portions of Lamont Avenue NE and Second Street lying north of Blocks A and B to
the Townsite of Hamburg provide street right-of-way frontage to Lot 8 Block A of the
Townsite of Hamburg which is outside of the project area. This portion of the street
right-of-way shall not be vacated at this time. Applicant shall provide a new legal
description for the requested street vacation that excludes this portion of the Lamont
Avenue and 2nd Street.
3. Lamont Avenue and Second Street right-of-way may still be included in the
development project with the following conditions.
a. Particle Control shall enter into a right-of-way encroachment agreement prepared
by the City Attorney granting right to allow private improvements within the
City right-of-way.
b. Particle Control shall grant right of access over the City right-of-way to the
property owner of Lot 8, Block A Townsite of Hamburg of allow access to this
lot over the private improvements within the City right-of-way. This shall be a
separate private access easement recorded at the same time as the final plat.
Preliminary / Final Plat: The preliminary and final plat entitled Particle Control Addition
is approved with the following conditions.
Agenda Page 19
City of Albertville, MN
Resolution No. 2022-28
Meeting of August 15, 2022
Page 3
1. The City approval of the requested zoning map amendment.
2. The final plat shall be revised to remove the portions of Lamont Avenue NE and Second
Street right-of-way that will not be vacated.
3. Subject to Wright County review and approval of the plat. The developer shall be
responsible for any required County Road improvements (i.e., turn lanes, bypass lanes)
required to allow for the new construction.
4. The City Engineer review and approval of the grading, drainage, and utility plans.
5. The City Engineer review and approval the location, size, and configuration of required
easements.
6. The applicant enters into a development agreement and encroachment agreement with the
City.
PUD-Site and Building Plans. The Particle Control Site and building plans (Civil plans
dated July 12, 2022 and Architectural Drawings dated July 11, 2022) are approved with the
following conditions:
1. Wright County approval of site access
2. Approval of the 30 and 31.8-foot curb cut widths as a PUD flexibility.
3. Relocate the parking stalls from this area to the west side of the building to have the area
north of the warehouse exclusive for truck maneuvering.
4. Backing into the site from County Road 37 shall be prohibited.
5. The City approval of the reduced 12.8 rear yard setback and 10-foot side yard setback as
a PUD flexibility. Applicant shall provide a landscape plan that provides tree or shrub
cluster (3 to 5 plants) at 50-foot intervals around the south and east sides of the of the
new warehouse building to break up the building mass.
6. The applicant shall provide a breakdown of the building floor area by use and prepare a
require parking calculation. The site plan must demonstrate sufficient on -site parking for
the Particle Control operations with the new building addition.
7. The parking stalls shown on the site plan north of the new warehouse shall be relocated to
west side of the existing building.
8. All new driveways, and loading areas shall have perimeter concrete curbing, paved
surfacing.
9. The plans shall be revised to identify the locations trash handling equipment either within
the buildings or outdoor trash enclosures. The locations must be convenient to the various
Agenda Page 20
City of Albertville, MN
Resolution No. 2022-28
Meeting of August 15, 2022
Page 4
buildings and accessible to trash haulers. Details on any outdoor trash enclosures must be
provided for city approval.
10. Water service to the building shall have separate service lines for fire suppression and
potable water as it enters the building.
11. The site plan shall show a landing and exit path for the door on the south wall of the
warehouse building. Said landing and exit path shall be kept clear of snow and or other
debris that may obstruct exiting from this door.
12. Applicant shall provide revised site and building plans illustrating the location and
screening of any ground mounted or rooftop mechanical equipment.
B. A landscaped hedge shall be required within the 10-foot green area between the
pavement and the County Road 37 right-of-way.
14. Applicant shall provide a lighting and photometric plan for all proposed exterior lighting
both wall mounted and freestanding light for review and approval by the City.
15. Grading, drainage, and utilities plans shall be subject to final review and approval by the
City Engineer.
16. Applicant shall provide a snow removal and snow storage plan identifying snows storage
area on the site.
Adopted by the City Council of the City of Albertville this 1511 day of August 2022.
JilliHendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 21
Meyer-Rohlin
DATE: 08/23/2022
DRAWN BY: AAN
FILE NO. 22210
708 1st Avenue NE, #1
Ph. 763.682.1781 www.meyerrohlin.com
Buffalo, MN 55313
Meyer-Rohlin
RIGHT - OF - WAY VACATION EXHIBIT
LOCATED IN THE PLAT
TOWNSITE OF HAMBURG
CITY OF ALBERTVILLE
WRIGHT COUNTY, MN
Agenda Page 22
Meyer-Rohlin
DATE: 12/28/2022
DRAWN BY: AAN
FILE NO. 22210
708 1st Avenue NE, #1
Ph. 763.682.1781 www.meyerrohlin.com
Buffalo, MN 55313
Meyer-Rohlin
RIGHT - OF - WAY VACATION EXHIBIT
LOCATED IN THE PLAT
TOWNSITE OF HAMBURG
CITY OF ALBERTVILLE
WRIGHT COUNTY, MN
Agenda Page 23
LEGEND: SITE PLAN NOTES GENERAL NOTES KEY NOTES: SURVEY DATAPROJECT LOCATIONPROPERTY DESCRIPTIONAPPROXIMATE GROSS AREAPARKING DATA: INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGNP.O.Box 135Albertville, MN 55301Keith Arnskeith@particlecontrolinc.com763-497-3075PARTICALCONTROL, INC.SETBACK: EXISTING ZONINGAgenda Page 24
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023-11
RESOLUTION VACATING A PORTION OF 2ND STREET AND LAMONT
AVENUE (F.K.A. PACIFIC AVENUE) WITHIN THE TOWNSITE OF HAMBURG
IN THE CITY OF ALBERTVILLE.
WHEREAS, the City Council, pursuant Minnesota Statute §412.851, did hold public
hearings on August 15, 2022 and February 6, 2023 at 7 p.m. at the Albertville City Hall and
heard from all interested parties on whether to vacate those street easements described in Exhibit
A to this resolution; and
WHEREAS, all notice requirements of Minnesota Statute §412.851 have been satisfied;
and
WHEREAS, the City Council finds and determines that it is in the public interest to vacate
those portions of 2nd Street and Lamont Avenue described on the attached Exhibit A as such
easements are no longer required by the City.
NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville,
Wright County, Minnesota does hereby order as follows:
1. That those portions of 2nd Street and Lamont Avenue described on the attached Exhibit A
to this Resolution are hereby vacated.
2. The City Clerk is directed to file a certified copy of this Order in the records of the City
and a “Notice of Completion of Proceeding” with the Office of the Wright County
Auditor and Recorder.
Adopted by the City Council of the City of Albertville this 21st day of February 2023.
_______________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 25
City of Albertville
Resolution No. 2023-11
Meeting of February 21, 2023
Page 2
EXHIBIT A
That part of Second Street and that part of Lamont Avenue N.E. (F.K.A. Pacific Avenue)
dedicated in the Townsite of Hamburg, according to the recorded plat thereof, Wright
County, Minnesota, described as follows: Beginning at the northeast corner of Lot 7,
Block A of said Townsite of Hamburg; thence westerly along the north line of said Block
A and its westerly extension to the southerly extension of the east line of Block D of said
Townsite of Hamburg; thence northerly along said southerly extension and said east line
of Block D to the southerly right-of-way line of C.S.A.H. No. 37; thence southeasterly
along said southerly right-of-way line to the west line of Block C of said Townsite of
Hamburg; thence southerly along said west line to the southwest corner of said Block C;
thence easterly along the south line of said Block C to said southerly right-of-way line of
C.S.A.H. No. 37; thence southeasterly along said southerly right-of-way line to the
northerly extension of the east line of said Lot 7, Block A; thence southerly along said
line to the point of beginning;
AND
That part of Lamont Avenue NE (F.K.A. Pacific Avenue) dedicated in the Townsite of
Hamburg, according to the recorded plat thereof, Wright County, Minnesota, lying
westerly of the west line of Lot 6, Block A of said Townsite of Hamburg, lying southerly
of the westerly extension of the north line of said Lot 6, Block A, lying easterly of the
east line of Lot 10, Block B of said Townsite of Hamburg and its northerly extension, and
lying northerly of a line between the southwest corner of said Lot 6, Block A and the
southeast corner of said Lot 10, Block B.
Agenda Page 26
Mayor and Council Communication
February 21, 2023
SUBJECT: BUILDING DEPARTMENT – 2022 YEAR-END BUILDING PERMIT REPORT
Permit Activity: Attached is the 2022 Permit Activity Summary, which tabulates the total
permit activity for 2022 and 2021. A total of 863 permits were issued in 2022. The total
valuation of this work is approximately $71,888,411 and the associated permit fees paid is
approximately $845,614 (building permit and plan review fees only). In 2022, there were 74 new
single-family permits, 2 new apartment buildings (74 units each), 6 new townhome buildings
(five 4plex buildings, and one 6plex building), 5 new commercial permits, and 22 commercial
addition/remodel permits. The 2022 Permit Log is on file and available at City Hall.
Permit Summary Comparison 2019 2020 2021 2022
Total Permits 526 696 837 863
New Homes (single family) 19 36 51 74
Multi Family 0 0 0 8
New Commercial 0 2 2 5
Commercial Addition/Remodel 26 11 18 22
Total Valuation $10.17M $21.22M $42.88M $71.88M
Rental Inspections: Rental licensing and inspections are ongoing. To date, the City has 164
licensed rental properties. Rental inspections were put on hold during the pandemic.
Rental Summary Comparison 2019 2020 2021 2022
Licensed Rental Properties (Res.) 173 167 155 164
Rental Inspections 74 0 0 60
*Apartment buildings count as 1 inspection
Responsible Person: Paul Heins, Maeghan Becker/Building Department
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• 2022 Permit Activity Summary
Agenda Page 27
2022Single FamilyMultiFamilyAdditions/RemodelsDeck/PorchFireplaceFinish BasementNEW Commercial/InstitutionalCommercial Addition/RemodelCommercial SignSign, TemporarySiding/ReroofMechanical/Plumbing/GasGarage/ShedPoolRight of WayOtherTotal Value of Single/Multi Family Value of New Commercial/Institutional Value Comm. Remodel/Tenant Finish Total Valuation (all permits)January4020020010317001434839,590.00$ ‐$ ‐$ 1,136,378.00$ February50220201101220033421,481,310.00$ ‐$ 1,000.00$ 2,355,727.00$ March801231031110220025592,173,585.00$ ‐$ 202,000.00$ 2,908,746.00$ April61139311001225014188513,373,050.00$ 5,642,334.00$ 500.00$ 19,733,669.00$ May861910111121529005131029,633,880.00$ 2,094,240.00$ 500.00$ 12,718,262.00$ June600443023111340079841,503,083.00$ ‐$ 27,800.00$ 2,269,693.00$ July1100510102018430109913,205,895.00$ ‐$ 35,000.00$ 4,394,047.00$ August1510315613211631009610913,122,738.00$ 514,248.00$ 72,215.00$ 15,412,931.00$ Septembe701491040215120019651,599,370.00$ ‐$ 1,222,133.00$ 3,403,424.00$ October400162221119310118791,015,210.00$ 3,657,434.00$ 168,976.00$ 5,848,117.00$ November0000100231550012671‐$ ‐$ 375,000.00$ 1,226,081.00$ December0000220140029001342‐$ ‐$ 75,650.00$ 481,336.00$ TOTAL74 8 8 33 69 24 5 22 17 10 115 345 0 4 36 93 86347,947,711.00$ 11,908,256.00$ 2,180,774.00$ 71,888,411.00$ 2021January2020100120226000642610,000.00$ ‐$ 500.00$ 835,637.00$ February10001040200222000344414,860.00$ ‐$ 38,000.00$ 992,746.00$ March1201013023011290007693,108,180.00$ ‐$ 41,342.00$ 3,713,437.00$ April6001930110122202018752,491,010.00$ ‐$ 13,000.00$ 3,050,439.00$ May702360010021470107951,891,240.00$ ‐$ 249,105.00$ 2,930,663.00$ June801504001023380129921,940,200.00$ ‐$ ‐$ 2,794,194.00$ July8013411632303701151032,116,180.00$ 1,338,000.00$ 12,100.00$ 4,411,275.00$ August6001101111362600111862,039,206.00$ 16,671,421.00$ 137,000.00$ 19,856,472.00$ Septembe00131101204030000988‐$ ‐$ 80,000.00$ 989,975.00$ October00003200001726003354‐$ ‐$ ‐$ 801,344.00$ November00021103011520002247‐$ ‐$ 522,000.00$ 1,585,215.00$ December1000400020624001442509,994.00$ ‐$ ‐$ 923,410.00$ TOTAL51 0 8 18 41 19 2 18 15 4 215 347 0 5 10 84 83715,120,870.00$ 18,009,421.00$ 1,093,047.00$ 42,884,807.00$ 2022 Building Year EndAgenda Page 28
Mayor and Council Communication
February 21, 2023
SUBJECT: BUILDING DEPARTMENT – ANNUAL RENTAL LICENSE REVIEW AND DISCUSSION
RECOMMENDATION: It is respectfully requested that the Mayor and Council discuss and
provided direction regarding the City’s Rental License Program.
BACKGROUND: City Code (10-4-10) requires all rental dwellings within the City to be
licensed. To obtain a rental license, a property owner or manager must submit a current rental
application and payment of $100 every year. Prior to having any tenants move in, a compliant
rental inspection is due. After the initial rental inspection, one is due every other year. The rental
license is calendar year which starts on January 1 and expires on December 31. Albertville City
Code states rental licenses must be renewed 90 days prior to the license expiring.
Currently, the City sends renewal letters in September, and owners/property managers are
required to submit the renewal application, a $100 rental license fee and schedule an inspection if
their property is due prior to the license’s expiration date. If applicants do not comply with the
rental ordinance, they are charged $5 per day for operating a rental dwelling that is not licensed
after January 1.
The City of Albertville has 172 active rental licenses. 159 single family dwellings and 13
apartment/multi-family buildings - these hold 312 units. Currently, 56 of the 172 are non-
compliant rental properties. The non-compliant properties have not submitted their yearly
application and payment, and/or they do not have a compliant rental inspection that is due.
With future rental developments still underway, there will be an addition of 244 units added to
the inspection list.
Staff would specifically like discussion on the following:
• The frequency of inspections
• The fines associated with non-compliance
• Potentially changing the licensing dates to start April 1 and expire on March 3, which is
intended to allow more inspection time for the landlord and works better with the
building department schedules.
The rental inspection program requires a significant amount of time and is believed to be a
valuable service to the City. The rental program needs to be considered when the city is
reviewing options for building official and inspection services.
Responsible Person: Paul Heins, Maeghan Becker/Building Department
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Rental Ordinance 10-4-10
Agenda Page 29
Agenda Page 30
Agenda Page 31
Agenda Page 32
Agenda Page 33
Mayor and Council Communication
February 21, 2023
SUBJECT: FINANCE – 4TH QUARTER BUDGET TO ACTUAL REPORT – UN-AUDITED
4th QUARTER BUDGET TO ACTUAL: Attached are the 4th Quarter 2022 un-audited
General Fund summaries of revenues and expenditures. Revenues are expected to be at 100%.
Expenses are expected to be at 100%. This summary shows operating revenues are at 115.55%
and operating expenses are at 99.08%.
VARIANCES:
Revenue:
• Building Permits/Engineer As Built and Plan Check – more single family dwellings then
expected, Fehn and AVA.
• Other Revenue – LMC Dividend
• Fire Aid – Supplemental aid received
Expenses:
• City Engineer – additional work related to development activities and City projects
• Planning & Zoning – additional work for City projects
Responsible Person: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachment:
• 2022 Budget to Actual
Agenda Page 34
Mayor and Council Communication – February 21, 2023
Finance – 4th Quarter Report Page 2 of 3
2022 Council Update
General Fund Operations
General Fund Revenue: 2022 Budget
2022 Actual
12/31/22
Ytd %
Budget
31010 Current Ad Valorem Taxes 2,326,925 2,331,253 100.19%
32000 Licenses & Permits 30,000 28,935 96.45%
32110 Liquor Licenses 30,000 30,928 103.09%
32150 Sign Permits 500 2,555 511.00%
32210 Building Permits 150,000 564,703 376.47%
33401 LGA Revenue expected 115,251 115,251 100.00%
33405 Police Aid 45,000 48,844 108.54%
33406 Fire Aid 64,000 110,566 172.76%
33422 Other State Aid Grants 700 0 0.00%
33423 Municipal Maintence 11,000 11,535 104.86%
34000 Charges for Services 20,000 15,825 79.13%
34005 Engineering As Built Fee 3,000 11,750 391.67%
34101 Leases - City Property 31,000 34,366 0.00%
34103 Zoning & Subdivision Fees 2,500 2,125 85.00%
34104 Plan Check Fee 65,000 280,912 432.17%
34107 Title Searches 2,500 2,885 115.40%
34113 Franchise Fee - Cable 70,000 63,633 90.90%
34202 Fire Protection Contract Charges 468,761 351,571 75.00%
34780 Rental Fees 15,000 14,288 95.25%
34950 Other Revenues 15,000 29,371 195.80%
34110 Arena 14,227 14,227 100.00%
34112 Electric Franchise Fee 125,000 128,691 102.95%
36210 Interest Earnings 25,000 513 2.05%
Total Revenues 3,630,364 4,194,727 115.55%
Agenda Page 35
Mayor and Council Communication – February 21, 2023
Finance – 4th Quarter Report Page 3 of 3
General Fund Department Expenditures:
2022
Budget
2022 Actual
12/31/22
Ytd %
Budget
41000 General Government 60,000 69,878 116.46%
41100 Council 54,028 55,997 103.64%
41300 Combined Administrator/Engineer 172,756 167,895 97.19%
41400 City Clerk 141,622 136,200 96.17%
41410 Elections 27,000 16,256 60.21%
41500 Finance 120,903 105,453 87.22%
41550 City Assessor 44,000 45,250 102.84%
41600 City Attorney 40,000 29,495 73.74%
41700 City Engineer 25,000 98,521 394.08%
41800 Economic Development 45,000 4,492 9.98%
41910 Planning & Zoning 56,507 80,638 142.70%
41940 City Hall 145,520 130,958 89.99%
42000 Fire Department 601,917 575,532 95.62%
42110 Police 860,524 860,524 100.00%
42400 Building Inspection 271,243 266,626 98.30%
42700 Animal Control 9,000 10,470 116.33%
43100 Public Works - Streets 379,269 374,162 98.65%
45000 Culture & Recreation 85,311 81,285 95.28%
45100 Parks & Recreation 399,598 385,945 96.58%
43160 Electric street lights 91,166 101,454 111.29%
Total Expenditures 3,630,364 3,597,030 99.08%
2022 Council Update
Capital Fund
Capital Reserve Fund Revenue:
2022
Budget
2022 Actual
12/31/22
Ytd %
Budget
102 Capital Levy 1,455,887 1,584,743 108.85%
Total Revenues 1,455,887 1,584,743 108.85%
2022 Council Update
Capital Fund
Capital Reserve Fund Expenditures:
2022
Budget
2022 Actual
12/31/22
Ytd %
Budget
102 Capital Expenditures 1,455,887 1,853,780 127.33%
Total Expenditures 1,455,887 1,853,780 127.33%
Agenda Page 36
Mayor and Council Request for Action
February 21, 2023
SUBJECT: LEGAL – REGULATION OF THC PRODUCTS WITHIN THE CITY OF
ALBERTVILLE
RECOMMENDATION: The City Attorney has prepared an ordinance providing for licensing
of THC sales within the City of Albertville as one potential form of regulation. This ordinance is
a fairly strict licensing ordinance that will allow the Council to see what restrictive options are
available to the City. While it can be adopted in some form immediately if that is what the
Council would like to do, Staff can also modify it in whatever way the Council would like for
enactment at a March City Council meeting.
The City Council may want to consider prohibiting the sale of THC products anywhere in the
City, restricting the sale of THC products in selected zoning districts in the City, or allowing the
sale of THC products anywhere in the City where retail sales are allowed. Restricting sales of
THC entirely or limiting them to certain locations in the City will require a change to the City’s
zoning ordinance, which will require a public hearing before the Planning Commission and
adoption of an amendment to the zoning ordinance by the City Council.
Ideally, all THC regulations will take effect before the moratorium enacted last September is
repealed or expires.
City Staff is looking for direction from the Council on how it would like to proceed on the
various options discussed below.
BACKGROUND: Last spring, the Governor signed into law a bill that legalized the sale and
distribution of certain products containing THC (largely THC chewables). While the law enacts
some regulations on the sale of such products, it does not address a number of issues that are of
concern to many Minnesota cities, including geographic limitations, licensing, and compliance
checks, among others.
The attached licensing ordinance is one example of how the City may want to regulate the sale of
THC in Albertville and contains many restrictions on the sale of THC products so that the
Council can see the different ways that the sale of THC products can be regulated and can delete
or modify those portions of the ordinance the Council does not want to enact.
KEY ISSUES:
• The attached licensing ordinance imposes a number of requirements, all of which can be
modified as the Council sees fit. The main requirements are as follows:
o A license is required to sell THC products in the City.
o Information similar to that required for an alcohol license is required for a THC
license.
o Licenses expire on December 31st of each year.
o Background checks on applicants will be performed.
Agenda Page 37
Mayor and Council Request for Action – February 21, 2023
Legal – Regulate THC Products Page 2 of 3
o If the ownership of the business is transferred, the new owner must apply for a
permit to sell THC products.
o Only a Tobacco Store can be licensed for THC sales (a Tobacco Store is a retail
store that primarily sells tobacco products and accessories). This would preclude
sales at bars, restaurants, convenience stores and grocery stores, among others.
o Section 4-10-5 prohibits a license from being issued for any location that is a set
distance from a property that is used as a school or used by the school district on a
regular basis for sporting events. That distance will need to be determined by the
Council.
o The licensed premises must be in a zoning district that permits the sale of THC
products.
o Persons licensed cannot have been convicted within the past five years of a
violation of any federal, state or local law related to THC products.
o All THC products must be labeled and packaged in accordance with state law.
o THC cannot be sold to someone under the age of 21.
o Employee sales compliance training is required.
o The licensed business is subject to compliance testing by the Wright County
Sheriff’s Office (if the Sheriff’s Office will conduct such compliance tests).
o Fines for violations of the ordinance are similar to that for tobacco compliance
violations at $500 for the first violation; $1,000 for the second violation within 36
months, and revocation of the license for the third violation within 36 months.
• The licensing ordinance does not impose any geographical limitations on the sale of
THC (other than a set distance from buildings used for school purposes) as those would
need to be adopted as an amendment to the City’s Zoning Ordinance.
• If the Council wanted to impose geographical limitations on THC sales it could do so by
limiting what commercial zoning district sales would be allowed in. The City’s B-3 and
B-4 zoning districts have the least exposure to the City’s residential neighborhoods,
while the B-2 and B-2A zoning districts are generally considered neighborhood
commercial districts and abut or are in close proximity to a number of neighborhoods.
• If the Council would like to limit sales to specific commercial zoning districts,
amendments to the City’s Zoning Ordinance would have to be considered by the
Planning Commission at a public hearing before coming back to the Council for final
enactment.
• Once all THC related measures have been enacted, the City should repeal the temporary
moratorium that it placed on THC sales last September.
POLICY/PRACTICES CONSIDERATIONS: The legal sale of THC products is new to
Minnesota and the existing legislation does not address how a City may or may not regulate THC
sales. At this point it is too early to conclude that there is a common practice among cities as
most cities are still enacting various ordinances to regulate THC sales. The City may choose not
to regulate sales at all, or may regulate sales in some or all of the ways set forth herein, or may
choose to ban the sale of THC products anywhere in the City.
FINANCIAL CONSIDERATIONS: Enacting this ordinance carries minimal financial impacts
on the City as the licensing fee is intended to offset costs in staff time that the City will incur in
processing and issuing these licenses.
Agenda Page 38
Mayor and Council Request for Action – February 21, 2023
Legal – Regulate THC Products Page 3 of 3
LEGAL CONSIDERATIONS: Pending bills in the legislature that would legalize the sale of
marijuana may further clarify or restrict how a City may regulate THC sales, but until those bills
pass and are signed into law, they have no legal significance and do not impact how Cities may
regulate THC sales.
Responsible Person: Mike Couri, City Attorney.
Submitted Through: Adam Nafstad, City Administrator
Attachments:
• Ordinance Amending the Albertville City Code to Regulate Tetrahydrocannabinol
Products
• Albertville Zoning Map
Agenda Page 39
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2023-XX
AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE TO
REGULATE TETRAHYDROCANNABINOL PRODUCTS
The City Council of the City of Albertville, Minnesota hereby ordains as follows:
SECTION 1. AMENDMENT OF ALBERTVILLE CITY CODE.
The Albertville City Code is hereby amended to add Chapter 10 to Title 4 of the City Code, as
follows:
4-10-1: PURPOSE AND INTENT.
The purpose of this ordinance is to regulate the sale of any legalized adult-use product
that contains tetrahydrocannabinol and that meets the requirements to be sold for human or
animal consumption under Minn. Stat. §151.72, also known as “THC Products” for the following
reasons:
A. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature
amended Minn. Stat. §151.72 to allow the sale of certain products containing
tetrahydrocannabinol, also known as “THC”.
B. The new law does not prohibit municipalities from adopting and enforcing local
ordinances to regulate THC product businesses including, but not limited to, local
zoning and land use requirements and business license requirements.
C. The National Academies of Science, Engineering, and Medicine note that the
growing acceptance, accessibility, and use of THC products, including for
medical purposes, have raised important public health concerns, while the lack of
aggregated knowledge of cannabis-related health effects has led to uncertainty
about the impact of its use.
D. The City recognizes the danger THC use presents to the health, welfare, and
safety of youth in Albertville.
E. The Minnesota Legislature recognized the danger of THC product use among the
public at large by setting potency and serving size requirements.
F. The Minnesota Legislature recognized the danger of THC product use among
youth by prohibiting the sale of any product containing THC to those under the
age of 21, requiring that edible THC products be packaged without appeal to
children and in child-resistant packaging or containers.
G. State law authorizes the Board of Pharmacy to adopt product and testing standards
in part to curb the illegal sale and distribution of THC products and ensure the
safety and compliance of commercially available THC products in the state of
Minnesota.
Agenda Page 40
City of Albertville
Ordinance No. 2023-XX
Meeting of February 21, 2023
Page 2
H. The City has the opportunity to be proactive and make decisions that will mitigate
this threat and reduce exposure of young people to the products or to the
marketing of these products and improve compliance among THC product
retailers with laws prohibiting the sale or marketing of THC products to youth. I. A local regulatory system for THC product retailers is appropriate to ensure that
retailers comply with THC product laws and business standards of the City of
Albertville to protect the health, safety, and welfare of our youth and most
vulnerable residents.
J. A requirement for a THC product retailer license will not unduly burden
legitimate business activities of retailers who sell or distribute THC products to
adults but will allow the City of Albertville to regulate the operation of lawful
businesses to discourage violations of state and local THC Product-related laws.
K. In making these findings and enacting this ordinance, it is the intent of the
Albertville City Council to ensure responsible THC product retailing, allowing
legal sale and access without promoting increases in use, and to discourage
violations of THC Product-related laws, especially those which prohibit or
discourage the marketing, sale, or distribution of THC products to youth under 21
years of age.
4-10-2: DEFINITIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be
given their commonly accepted definitions. The following words, terms, and phrases, when used
in this article, shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
A. COMPLIANCE CHECKS. The system the City uses to investigate and ensure that
those authorized to sell licensed products are following and complying with the
requirements of this article. Compliance checks involve the use of persons under 21
who purchase or attempt to purchase licensed products. Compliance checks may also
be conducted by the City, Wright County Sheriff’s Office, or other units of
government for educational, research, and training purposes, or for investigating or
enforcing Federal, State, or local laws and regulations relating to licensed products.
B. EXCLUSIVE LIQUOR STORE. An establishment that meets the definition of
exclusive liquor store in Minn. Stat. § 340A.101, subd. 10.
C. LICENSED PRODUCT OR THC PRODUCT. Any product that contains more
than trace amounts of tetrahydrocannabinol and that meets the requirements to be sold
for human or animal consumption under Minn. Stat. §151.72, as may be amended
from time to time. Licensed product does not include medical cannabis as defined in
Minn. Stat. §152.22, Subd. 6, as may be amended from time to time, excluding
“medical cannabis” as defined by Minn. Stat. §152.22, Subd. 6, as the same may be
amended from time to time.
Agenda Page 41
City of Albertville
Ordinance No. 2023-XX
Meeting of February 21, 2023
Page 3
D. MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a
kiosk, truck, van, automobile, or other type of vehicle or transportable shelter and not
a fixed address storefront or other permanent type of structure authorized for sales
transactions.
E. SALE. Any transfer of goods for money, trade, barter, or other consideration.
F. SCHOOL. Any public or private elementary, vocational, or secondary school, or a
public or private college or university, or a state licensed date care center.
G. SELF-SERVICE MERCHANDISING. Open displays of licensed products in any
manner where any person has access to the licensed products without the assistance
or intervention of the licensee or the licensee’s employee. Assistance or intervention
means the actual physical exchange of the licensed product between the customer and
the licensee or employee.
H. THC. Is the acronym for tetrahydrocannabinol, the principal psychoactive constituent
of cannabis.
I. TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products
and accessories and which the sale of other products is incidental.
J. VENDING MACHINE. Any mechanical, electric, or electronic, or other type of
device that dispenses licensed products upon the insertion of money, tokens, or other
form of payment directly into the machine by the person seeking to purchase the
licensed product.
4-10-3: LICENSE.
A. License Required. No person shall sell or offer to sell any licensed product within
the City without first having obtained a license to do so from the City.
B. Application. An application for a license to sell licensed products shall be made on a
form provided by the City. The application shall contain the full name and date of
birth of the applicant, the applicant’s residential and business addresses and telephone
numbers, the name of the business for which the license is sought, and any additional
information the City deems necessary. A business applicant, at the time of
application, shall furnish the City with a list of all persons that have an interest of five
percent or more in the business. The list shall name all owners and show the interest
held by each, either individually or beneficially for others. It is the duty of each
business licensee to notify the City Administrator in writing of any change in
ownership in the business. If the City Administrator determines that an application is
incomplete, the City Administrator shall return the application to the applicant with
notice of the information necessary to make the application complete. Upon receipt of
a completed application, the City Administrator shall forward the application to the
Director of Wright County Sheriff’s Office to conduct a criminal background check.
Upon completion of the background check, the City Administrator shall forward the
application to the City Council for action at its next regularly scheduled City Council
meeting.
Agenda Page 42
City of Albertville
Ordinance No. 2023-XX
Meeting of February 21, 2023
Page 4
C. Action. The City Council may either approve or deny the application for a license, or
it may delay action for a reasonable period of time as necessary to complete any
investigation of the application or the applicant it deems necessary. If the City
Council approves the license, the City Administrator shall issue the license to the
applicant. If the City Council denies the license, notice of the denial shall be given to
the applicant along with notice of the applicant’s right to appeal. Appeals of any
decision must be made within thirty (30) days of the denial. If a license application is
denied, the earliest an applicant may reapply is 12 months from the date the license is
denied.
D. Term. All licenses issued under this article shall expire on December 31 of each year.
E. Revocation or Suspension.
1. Any license issued under this chapter may be revoked or suspended as provided
in this chapter.
2. If a license is mistakenly issued or renewed to a person or a business, it shall be
revoked upon the discovery that the person or business was ineligible for the
license under this chapter and the City shall provide the person or business with
a notice of revocation, along with information on the right to appeal.
3. Any change in the ownership or control of a licensed business shall be deemed
equivalent to a transfer of the license, and any such license shall be revoked 30
days after any such change in ownership or control unless the licensee has
notified the Council of the change in ownership by submitting a new license
application for the new owners, and the City Council has approved the transfer
of the license by appropriate action. Any time an additional investigation is
required because of a change in ownership or control of a business, the licensee
shall pay an additional investigation fee to be determined by the City. The City
may at any reasonable time examine the transfer records and minute books of
any business licensee to verify and identify the owners, and the City may
examine the business records of any other licensee to the extent necessary to
disclose the interest which persons other than the licensee have in the licensed
business. The City Council may revoke any license issued upon its
determination that a change of ownership of a licensee has resulted in the
change of control of the licensed business so as materially to affect the integrity
and character of its management and its operation, but no such action shall be
taken until after a hearing by the City Council on notice to the licensee.
F. Transfers. All licenses issued under this chapter shall be valid only on the premises
for which the license was issued and only for the person or business to whom the
license was issued. The transfer of any license to another location, business, or person
is prohibited.
G. Display. All licenses shall be posted and displayed in plain view of the general public
on the licensed premises.
H. Renewals. The renewal of a license issued under this article shall be handled in the
same manner as the original application. The request for a renewal shall be made at
least 30 days but no more than 60 days before the expiration of the current license.
Agenda Page 43
City of Albertville
Ordinance No. 2023-XX
Meeting of February 21, 2023
Page 5
I. Issuance as Privilege and Not a Right. The issuance of a license issued under this
article is a privilege and does not entitle the license holder to automatic renewal of the
license.
4-10-4. FEES.
No license shall be issued under this chapter until the appropriate license fee shall be paid
in full. The fee for a license under this article shall be established by the City Council and
adopted in the City fee schedule and may be amended from time to time.
4-10-5. ELIGIBILITY AND BASIS FOR DENIAL OF LICENSE.
A. Eligibility.
1. Moveable Place of Business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under
this article.
2. Tobacco Store. No license shall be issued except to a premises operating a
tobacco store licensed under chapter 110 of the Wright County Code, as it may
be amended from time to time.
3. Exclusive Liquor Store. No license shall be issued to an exclusive liquor store as
defined in Minn. Stat. § 340A.101, subd. 10.
4. Proximity to Schools. No license shall be issued for a premises within _______
feet of any property used as a school or used by the school district on a regular
basis for official school activities such as sports practice or sporting events. The
distance is to be measured from the closest point of such property used as a
school or used by the school district to the closest side of the structure within
which the licensed product is be sold. 5. Delinquent Taxes and Charges. No license shall be granted or renewed for
operation on any premises on which taxes, assessments, utility charges, service
charges, or other financial claims of the City are delinquent and unpaid. In the
event an action has been commenced pursuant to the provisions of Minn. Stat.
Ch. 278, as it may be amended from time to time, questioning the amount or
validity of taxes, the City Council may, on application by the licensee, waive
strict compliance with this paragraph. No waiver may be granted, however, for
taxes or any portion thereof which remain unpaid for a period exceeding one
year after becoming due.
6. Zoning Compliance. No license shall be granted or renewed for operation on
any premise unless the zoning district within which such premise lies
specifically permits the sale of THC Products.
B. Grounds for Denial. Grounds for denying the issuance or renewal of a license under
this chapter include, but are not limited to, the following:
1. The applicant is under the age of 21 years.
Agenda Page 44
City of Albertville
Ordinance No. 2023-XX
Meeting of February 21, 2023
Page 6
2. The applicant is prohibited by Federal, State, or other local law, ordinance, or
other regulation from holding a license.
3. The applicant has been convicted within the past five years for any violation of
a Federal, State, or local law, other ordinance, provision, or other regulation
relating to the licensed products.
4. The applicant has had a license to sell licensed products suspended or revoked
during the 12 months preceding the date of application, or the applicant has or
had an interest in another premises authorized to sell licensed products, whether
in the City or in another jurisdiction, that has had a license to sell licensed
products suspended or revoked during the same time period, provided the
applicant had an interest in the premises at the time of the revocation or
suspension, or at the time of the violation that led to the revocation or
suspension.
5. The applicant is a business that does not have an operating officer or manager
who is eligible pursuant to the provisions of this chapter.
6. The applicant is the spouse of a person ineligible for a license pursuant to the
provision of subdivision 2(2) and 2(3) of this section or who, in the judgement
of the City Council, is not the real party in interest or beneficial owner of the
business to be operated, under the license.
7. The applicant fails to provide any information required on the application or
provides false or misleading information. Any false statement on an application,
or any willful omission of any information called for on such application form,
shall cause an automatic refusal of license, or if already issued, shall render any
license issued pursuant thereto void and of no effect to protect the applicant
from prosecution for violation of this chapter, or any part thereof.
10-4-6. PROHIBITED ACTS.
A. In general.
1. No person shall sell or offer to sell any licensed product:
a. By means of any type of vending machine.
b. By means of self-service merchandising.
c. By any other means, to any other person, or in any other manner or form
prohibited by state or other local law, ordinance provision, or other
regulation.
d. That is not in the original packaging with labeling in compliance with
labeling requirements of Minn. Stat. §151.72, subd. 5, as may be amended
from time to time.
e. At an establishment that also possesses an on-sale liquor license.
Agenda Page 45
City of Albertville
Ordinance No. 2023-XX
Meeting of February 21, 2023
Page 7
2. No person shall sell or offer for sale a product containing THC that does not
meet all the requirements of Minn. Stat. §151.72, subd. 3., as may be amended
from time to time.
B. Legal Age. No person shall sell any licensed product to any person under the age of
21.
1. Age Verification. Licensees shall verify by means of government issued
photographic identification that the purchaser is at least 21 years of age.
2. Signage. Notice of the legal sales age and age verification requirement must be
posted prominently and in plain view at all times at each location where
licensed products are offered for sale. The required signage, which will be
provided to the licensee by the City, must be posted in a manner that is clearly
visible to anyone who is making a purchase or is considering making a
purchase.
C. Samples Prohibited. No person shall distribute samples of any licensed product free
of charge or at a nominal cost.
D. Use of False Identification. It shall be a violation of this chapter for any person to
attempt to disguise their true age by the use of a false form of identification, whether
the identification is that of another person or one on which the age of the person has
been modified or tampered with to represent an age older than the actual age of
person.
E. Unlawful Purchases. It shall be unlawful for any person who is under the age of 21
years to purchase any licensed product. Persons acting under the direct supervision of
the City, law enforcement, or other governmental unit and which are actively engaged
in a compliance check of the licensed premises are exempted from this provision
while engaged in the compliance check.
10-4-7. ADDITIONAL REQUIREMENTS.
A. Storage. All licensed products shall either be stored behind a counter or other area
not freely accessible to customers, or in a case or other storage unit not left open and
accessible to the general public.
B. Training. If training classes are available for employees within a 25-mile radius
relating to compliance with sales to customers, all employees of a licensed premises
shall attend training within two weeks of beginning employment at the licensee’s
establishment or the earliest available class if no training classes are offered within
said two-week period.
10-4-8. RESPONSIBILITY.
All licensees are responsible for the actions of their employees in regard to the sale, offer
to sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or
furnishing of any licensed product by an employee shall be considered an act of the licensee.
Nothing in this section shall be construed as prohibiting the City from also subjecting the
Agenda Page 46
City of Albertville
Ordinance No. 2023-XX
Meeting of February 21, 2023
Page 8
employee to any civil penalties that the City deems to be appropriate under this ordinance, state
or federal law, or other applicable law or regulation.
10-4-9. COMPLIANCE CHECKS AND INSPECTIONS.
All premises licensed under this chapter shall be open to inspection by the City during
regular business hours. From time to time, but at least once per year, the City or Wright County
Sheriff’s Office shall conduct compliance checks.
No person used in compliance checks shall attempt to use a false identification
misrepresenting their age. All persons lawfully engaged in a compliance check shall answer all
questions about their age asked by the licensee or their employee, and produce any identification,
if any exists, for which they are asked. The City may conduct a compliance check that involves
the participation of a person at least 18 years of age, but under the age of 21 to enter the licensed
premises to attempt to purchase the licensed products. Persons used for the purpose of
compliance checks shall be supervised by law enforcement or other designated personnel.
Nothing in this chapter shall prohibit compliance checks authorized by state or federal laws for
educational, research, or training purposes, or required for the enforcement of a particular State
or Federal law. Additionally, from time to time, the City will conduct inspections to determine
compliance with any or all other aspects of this chapter.
10-4-10. VIOLATIONS AND PENALTY.
A. Criminal Penalty. A violation of this chapter shall be a misdemeanor. Nothing in
this chapter prohibits the City from seeking prosecution as a misdemeanor for an
alleged violation of this chapter.
B. Administrative Penalty. If a licensee or an employee of a licensee is found to have
violated this article, the licensee shall be charged an administrative penalty as
follows:
1. First Violation. The City Council may impose a civil fine of $500.00 and/or
suspend the license for not less than 1 day.
2. Second Violation Within 36 Months. The City Council may impose a civil fine
of $1,000.00 and/or suspend the license for not less than 3 consecutive days.
3. Third Violation Within 36 Months. The City Council shall revoke the license for
at least one year.
C. Administrative Penalty Procedures. No penalty shall take effect until the licensee
has received notice (served personally or by mail) of the alleged violation and of the
opportunity for a hearing before the City Council, and such notice must be in writing
and must provide that a right to a hearing before the City Council must be requested
within 10 business days of receipt of the notice or such right shall terminate. All
fines shall be paid within 30 days of imposition via mailing or personal service of
such written notice by the City.
Agenda Page 47
City of Albertville
Ordinance No. 2023-XX
Meeting of February 21, 2023
Page 9
D. Revocation. In addition to any other penalty imposed under this chapter, any license
issued under this section may be revoked by the City Council for a violation of any
provision of this chapter if the licensee has been given a reasonable notice and an
opportunity to be heard.
E. Appeal. Any appeal of the decision of the City Council to impose a civil penalty must
be made within thirty (30) days of the decision of the City Council.
10-4-11. LICENSE FEE.
The annual fee for a THC license shall be $500.00 per year calendar year, payable at the time of
submission of an application for a license. License fees for licenses issued for part of a year
shall be prorated as a percentage of the year the license will be in effect.
SECTION 2. EFFECTIVE DATE.
This Ordinance shall be in full force and effect beginning __________________.
Adopted by the City Council of the City of Albertville this ____ day of ___________, 2023.
____________________________________
Jillian Hendrickson, Mayor
ATTEST:
_______________________________
Kristine A. Luedke, City Clerk
Agenda Page 48
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NEMACKENZIE AVE NEKAHL AVE NEAlbertville Zoning
A-1 Agricultural Rural
A-2 Agricultural Transitional
B-2 Limited Business
B-2A Special Business
B-3 Highway Commercial
B-4 General Business
BW Business Warehouse
I-1 Limited Industrial
I-2 General Industrial
R-1 Single Family
R-1A Low Density Single Family
R-2 Single Family / Two Family
R-3 Single Family / Two Family
PAA/PUD Preserve at Albertville
R-4 Townhome / Quadraminium, and Low Density Multiple Family
R-5 Medium Density Multiple Family
R-7 Special Purpose, High Density
R-8 Mixed Housing Density
PUD Planned Unit Development
P/I Public Institutional
W Water
Right of Way
Roads
Railroad
City Limits
Shoreland Overlay District
Zoning Map
PUD
(B-2)
PUD
(R-7)
Swamp Lake
School Lake
Hunters Lake
§¨¦94
I-1
I-1
PUD
(B-3)
PUD
(B-3)
I-1
B-2A
B-2A
PUD
(B-3)
B-3
B-3
B-3
P/I
P/I
P/I
P/I
PUD
PUD
PUD
PUD
(R-1A)
PUD
(R-1A)
P/I
B-3
B-3
B-3
P/I
P/I
I-2
I-1
I-1
I-1
I-1
A-2
A-1
B-3
A-2
B-2
PUD
P/I
P/I
P/I
P/I
P/I
PAA/PUD
R-1
R-1 R-1
R-1
R-1
R-8
R-8
R-5
R-4
B-2
B-2
B-2
B-3
B-3
A-2R-1A
R-1A
P/I
P/I
B-2A
B-2A
B-2A
B-3
B-3
B-3
B-3
B-3
B-3PUD
(B-3)
PUD
(B-3)
B-4
B-4
R-1
PUD
(R-1A)
PUD
(R-1A)
PUD
B-2
B-2
P/I
R-1
R-1
PUD
(B-3)
PUD
(B-3)
PUD
PUD
PUD
PUD
(R-1A)
PUD
(B-2)
PUD
(R-1A)
PUD
(R-1A)
R-1A
R-1A
P/I
PUD
(R-8)
PUD
R-5
R-5
R-5
A-1
A-1
0 0.25 0.5 0.750.13
Miles ±
PUD
(R-1)
PUD
(P/I)
PUD
PUD
Map Updated: November 2021PUD
(R-1A)
PUD
(R-1A)
PUD
(R-1A)
PUD
(R-1A)
PUD
(R-1A)
PUD
(R-1A)
BW
R-1A
B-2
PUD
R-8
R-1
I-2
I-2
PUD
(R-4)
Agenda Page 49