2023-03-06 City Council Agenda PacketCity of Albertville Council Agenda
Monday, March 6, 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 21, 2023, regular City Council Meeting minutes as presented.3-6
B.Authorize the Monday, March 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.
7
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.)
B. Building – None
C. City Clerk – None
D. Finance – None
E. Fire – None
F. Planning and Zoning – None
City of Albertville City Council Agenda
Monday, March 6, 2023 Page 2 of 2
G. Public Works/Engineering
1. AVA Addition, Outlot A Grading Contract 8-17
(Motion to approve a grading permit for Outlot A of the AVA Addition conditioned
upon execution of the “Grading Contract”, its conditions and the City Engineer’s
approval of the Grading Plan.)
H. Legal
1.Regulation of THC Products within the City of Albertville 18-27
2. CenterPoint Energy Gas Franchise Renewal 28-37
(Motion to adopt Ordinance No. 2023-02 CenterPoint Energy Gas Franchise
Ordinance and the accompanying summary Ordinance for publication.)
I. Administration
1.City Administrator’s Update 38-39
10. Announcements and/or Upcoming Meetings
March 13 STMA Arena Board, 6 pm
March 14 Planning Commission, 7 pm
March 20 City Council, 7 pm
March 27 Joint Power Water Board, 6 pm
Parks Committee, 7 pm
April 3 City Council, 7 pm
11. Adjournment
ALBERTVILLE CITY COUNCIL
DRAFT REGULAR MEETING MINUTES February 21, 2023 – 7 pm
Council Chambers
Albertville City Hall
1.Call to Order
Mayor Hendrickson called the meeting to order at 7 pm.
2.Pledge of Allegiance – Roll Call
Present: Mayor Hendrickson, Councilmembers Cocking, Hayden, Olson and Zagorski.
Staff Present: City Administrator Nafstad, City Attorney Couri, Finance Director Lannes, Building
Inspector Lindberg, Building Tech Becker and City Clerk Luedke.
3. Recognitions – Presentations – Introductions – None
4.Public Forum
There was no one present for the public form.
5.Amendments to the Agenda
City Administrator Nafstad requested to add an item under 9A2. Council entitled “Possible City
Hall Closure”.
MOTION made by Councilmember Olson, seconded by Councilmember Cocking to approve the
February 21, 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 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.
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.
D.Approve the Chad Smith Ride for Life Lawful Gambling Exempt Permit Application for
the event to be held at The 152 Club located at 5794 Main Avenue NE on June 17, 2023.
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.
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.
Agenda Page 3
City Council Meeting Draft Minutes Page 2
Regular Meeting of February 21, 2023
6. Consent Agenda – continued
MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the
February 21, 2023, Consent Agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson and
Zagorski. Nays: None. The motion carried.
7. Public Hearing – None
8. Wright County Sheriff’s Office – Updates, reports, etc.
Wright County Deputy Johnson reviewed the incidents that had happened in the City of Albertville
within the past few weeks and answered questions from Council.
9. Department Business
A. City Council
1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
Councilmember Cocking provided an update from the STMA Arena Board meeting and said the
Arena Board reviewed the preliminary budget and the proposed ice rate increase. City
Administrator Nafstad answered questions from Council regarding the preliminary budget.
Councilmember Zagorski provided an update from the STMA Finance Board meeting and said, at
this time, the Finance Board was not recommending a levy this year. He answered questions from
the other Councilmembers.
2. Possible City Hall Closure
City Administrator Nafstad asked Council if due to the upcoming winter storm, would it be
acceptable to close City Hall to the public. He said City staff work either work at City Hall or
remotely so the closure would only effect walk-in customers. He said Public Works staff would be
out snow plowing.
There was Council discussion regarding closing the City Hall and the consensus was to approve the
request and, in the future, give the City Administrator the authority to make the decision if needed.
B. Building
1. 2022 Year-End Building Permit Review
City Administrator Nafstad reported Building Official Heins would be retiring in March and
Building Inspector Lindberg has been promoted to the Building Official position upon the
retirement. Administrator Nafstad reviewed the building service contract the City has with St.
Michael. Building Inspector Lindberg introduced himself and provided details on his work history
and said he does not foresee any changes to the building inspections services. He answered
questions from Council.
City Administrator Nafstad summarized the 2022 Building Permit Activity report and said last year
was one of the biggest years so far for issuing permits as was the revenue collected for the
Albertville Building Department. He said the increase was largely due to new single-family home
permits and five new commercial projects. He also reviewed the rental inspection numbers and
answered questions from Council.
Agenda Page 4
City Council Meeting Draft Minutes Page 3
Regular Meeting of February 21, 2023
2. Annual Rental License Review and Discussion
City Administrator Nafstad introduced the item and provided background information on the City’s
rental license program.
Building Tech Becker explained the process used for the renewal of the rental licenses, the
frequency of the inspections, the current number of licenses and the issues with non-compliant
properties. She reviewed the violation fines associated with the rentals properties not submitting
their applications on time or not complying with the rental inspection requirement. She answered
questions from Council regarding the process. Building Inspector Lindberg answered questions
from Council regarding the property inspections.
City Administrator Nafstad reviewed the renewal and inspection timeline of the rental licensing
process and said many rental owners were not submitting their yearly application or scheduling
their rental inspection in a timely manner. He said City staff discussed potentially amending the
license period from January 1 through December 31 to April 1 through March 31 to give the
properties owners more time, during the spring, to complete the inspections. Administrator Nafstad
said this time period would also work better with the building department’s schedule. He answered
questions from Council and said with Council’s approval, City staff would bring back for Council’s
review an amendment to the rental ordinance.
The Council discussed the rental program and the consensus was to change the licensing dates to
May 1 through April 30 to give the property owners more time for the initial inspections and to
repair any issues found during the inspection. The Council noted the success of the rental license
program and asked City staff to review the fees to ensure they are generally covering the costs
associated with the service. The Council also discussed the building department service agreement
with St. Michael and the staff changes due to the upcoming Building Official’s retirement.
C. City Clerk – None
D. Finance
1. 4th Quarter Budget to Actual Report
Finance Director Lannes reviewed the budget to actual report and stated the increase in revenue was
largely due to the additional building permits issued. She answered questions from Council.
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
City Attorney Couri provided background information on the legalization of THC products in
Minnesota and the City’s moratorium that was approved in September 2022. He presented a draft
ordinance for licensing THC products within the City and reviewed the main requirements of the
ordinance. He said the ordinance being presented would cover the licensing of THC products but
added the Council could also consider a zoning code amendment to restrict the location where THC
product sales may be conducted. Attorney Couri explained the process and timeline required if a
zoning code amendment were to be considered. He answered questions from Council.
Agenda Page 5
City Council Meeting Draft Minutes Page 4
Regular Meeting of February 21, 2023
1. Regulation of THC Products within the City of Albertville - continued
City Administrator Nafstad and City Clerk Luedke answered questions from Council regarding the
draft ordinance and what surrounding communities were doing in regards to THC licensing.
The Council discussed the draft ordinance and raised many questions concerning the location,
licensing, zoning, and compliance procedures. They also discussed the pending legislature that may
legalize cannabis which could change the way cities are able to regulate THC products. The Council
did not approve the draft the ordinance and directed the City Attorney to revised the ordinance to
include language permitting sales by zoning district, a certain distance from school buildings and
not limit THC sales to tobacco stores. City Attorney Couri stated he would revise the draft
ordinance and present it at the March Council meeting for Council’s review.
I. Administration
1. City Administrator’s Update – Verbal
City Administrator Nafstad updated the Council on a grant the City had recently received. He said
the new Waste Water Treatment facility was out for bid so he would present the information at the
next City Council meeting. Administrator Nafstad also provided information on a grading permit
agreement that would be presented at the next Council meeting.
Announcements and/or Upcoming Meetings
February 27 Joint Powers 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
10. Adjournment
MOTION made by Councilmember Cocking, second by Councilmember Hayden to adjourn the
meeting at 9:10 pm. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The
motion carried.
Respectfully submitted,
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 6
Mayor and Council Request for Action
March 6, 2023
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 6, 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 7
Mayor and Council Request for Action
March 6, 2023
SUBJECT: ENGINEERING – AVA ADDITION, OUTLOT A GRADING CONTRACT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion regarding issuance of a grading permit for Outlot A of the AVA Addition plat:
MOTION TO: approve a grading permit for Outlot A of the AVA Addition conditioned upon
execution of the “Grading Contract”, its conditions and the City Engineer’s approval of the
Grading Plan.
INFORMATION: The Darkenwald Corporation has applied for a grading and fill permit for
Outlot A of the AVA Addition. It is understood Outlot A needs approximately 100,000 cubic
yards of fill material for future development and the Darkenwald Corporation would like to truck
material in as it becomes available. To prepared the site for stockpiling and filling, the grading,
striping, ponding and various erosion control items are necessary.
Staff has reviewed the request and recommends that a grading permit be issued provided the
Applicant enters into a Grading Contract with the City and revises the proposed plan to include
the following:
• Removal of existing field approaches off of 70th Street NE
• Include plan notes of maximum stockpile height of 30-feet with slopes no great than 3:1
• Adds the location of the Karman Avenue NE right of way
• Includes one access to the site at the Karman Avenue NE intersection with 70th Street NE
• The revised plan shall be signed appropriately
KEY ISSUES:
• The grading contract will not be executed until the plans have been revised.
• Approximately 100,000 CY of fill could be stockpiled and spread over the site.
• The contract only allows for the import of material to be used on-site.
• The term of the agreement is 5-years.
• A MPCA NPDES Stormwater Permit is required.
• Erosion control will be subject to the SWPPP and MPCA permit.
• The required security is $13,500 or $1,500 per acre to ensure erosion control compliance.
This security amount is likely not sufficient to spread or remove stockpiles if necessary.
• Access to the site will be off 70th Street NE and limited to the Karman Avenue NE
intersection.
FINANCIAL CONSIDERATIONS: None, as the Applicant will pay all City costs related the
issuance of the permit, grading contract, and grading activity.
LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to determine as to
whether, and when, and under what conditions a permit for grading is to be issued.
Agenda Page 8
Mayor and Council Request for Action – March 6, 2023
Public Works/Engineering – AVA Outlot A Grading Permit Page 2 of 2
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Grading Plan Set
• Project Narrative
On file with the Clerk: Signed Permit Application
Agenda Page 9
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THIS CERTIFICATION IS FOR SHEET NUMBERS BEGINNING WITH "C".STEVEN SABRASKI, P.E.LICENSE NUMBER:DATE:47165XOUTLOT A, AVA ADDITION, WRIGHT COUNTY, MINNESOTA.9494ALBERTVILLE PREMIUMOUTLETSLABEAUX AVE NE67TH STKADLER AVE NE70TH ST NE38MACIVER AVE NE65TH ST NESITEC001LDP005CIVIL TITLE SHEETC0.1Agenda Page 10
960959961962OEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEPUBLICLY DEDICATED ROADNorth line of the Northwest Quarter, Sec. 35 Twp 121 Rge 24PARCEL 524BWETLAND EDGEWETLAND EDGE30' WETLAND BUFFERN88°43'01"E 2103.96N88°50'53"E 2637.91 (2637.89 DEED)PID# 118-800-263200KENNETH & MARGARETZACHMAN FAMLPPID# 118-800-263300SCOTT P & JEANNE M ZACHMANPID# 118-800-263302UNKNOWNPID# 118-800-263200
PID# 118-298-000010SHELARD CAPITAL INVESTMENT,INC958959 9609
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NORTH0 50 100DARKENWALD CORPORATION7535 RIVER ROAD NEOTSEGO, MN 55330 TEL (763) 441-3700CITY SUBMITTALSES06 FEB 2023PROJECT NO.FILE NAMEIF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOTVISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDEDREADABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACTTHE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS.PROJECTCERTIFICATIONLANDFORMc
105 South Fifth AvenueSuite 513Minneapolis, MN 55401Tel: 612-252-9070Fax: 612-252-9077Web: landform.netLandform®and Site to Finish®are registered service marks of Landform Professional Services, LLC.DATEISSUE / REVISIONREVIEWCONTACT ENGINEER FOR ANY PRIOR HISTORYISSUE / REVISION HISTORYDEVELOPERMUNICIPALITYAVA ADDITION-OUTLOT AALBERTVILLE, MNCITY SUBMITTAL02.06.2023LDP19005.0022023
Background information shown is from survey by Landform, Minneapolis, MN, on December 7, 2016, expressly for this project; Cityof Albertville, MN record drawings; and utility service providers. Landform offers no warranty, expressed or written, for informationprovided by others. Existing project conditions shall be verified prior to beginning construction. Errors, inconsistencies, or omissionsdiscovered shall be reported to the Engineer IMMEDIATELY.Geotechnical boring locations are approximate and are based on information provided in the Geotechnical Report prepared byAmerican Engineering Testing, Albertville, MN, on December 18, 2020.1.2.EXISTING CONDITIONSC101LDP005EXISTING CONDITIONSC1.1Agenda Page 11
HAUL ROUTEHAUL ROUTETEMPORARYSEDIMENTBASIN 2PTEMPORARYSEDIMENTBASIN 1PFILLIMPORTSTOCKPILETOPSOILSTOCKPILE960959961962PUBLICLY DEDICATED ROADNorth line of the Northwest Quarter, Sec. 35 Twp 121 Rge 24PARCEL 524BWETLAND EDGEWETLAND EDGE30' WETLAND BUFFERPID# 118-800-263200KENNETH & MARGARETZACHMAN FAMLPPID# 118-800-263300SCOTT P & JEANNE M ZACHMANPID# 118-800-263302UNKNOWNPID# 118-800-263200
PID# 118-298-000010SHELARD CAPITAL INVESTMENT,INC958959 9609
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96
4957960957960 960
>>>>>>>>>>>>>2A1ASWALESWALE>>>>>SWALESTS>>INV: 954.5012" HDPETEMPORARY OUTLETSTS>>12" HDPETEMPORARY OUTLETINV: 955.0058.5059.0095957.00 EOF958957956955961960959958957956962>>>>>>57.00 EOF963C7.11SILTFENCEC7.13ROCK CONSTRUCTIONENTRANCEC7.12DOUBLE SILTFENCEC7.13ROCK CONSTRUCTION ENTRANCEC7.11SILTFENCEC7.14FLOATING HEADSKIMMERINV = 954.70(TEMP.)C7.14FLOATING HEADSKIMMERINV = 955.50(TEMP.)Contact utility service providers for field location of services 72 hours prior to beginning grading.Reserved.Remove topsoil from grading areas and stockpile sufficient quantity for reuse.Remove surface and ground water from excavations. Provide initial lifts of stable foundation material if exposed soils are wet andunstable.Reserved.Reserved.An Independent Testing Firm shall verify the removal of organic and unsuitable soils, soil correction, and compaction and provideperiodic reports to the Owner.Place and compact fill using lift thicknesses matched to soil type and compaction equipment to obtain specified compactionthroughout the lift.Compact cohesive soils in paved areas to 95% of maximum dry density, Standard Proctor (ASTM D698) except the top 3 feet whichshall be compacted to 100%. Compact to 98% density where fill depth exceeds 10 feet. The soils shall be within 3% of optimummoisture content. In granular soils all portions of the embankment shall be compacted to not less than 95% of Modified ProctorDensity (ASTM D1557).Reserved.12.13.14.15.16.17.18.19.20.21.Install perimeter sediment controls prior to beginning work and maintain for duration of construction. Remove controls after areascontributing runoff are permanently stabilized and dispose of off site.Install inlet protection: Wimco RD or CG models as appropriate, or approved equal. Maintain protection until project is stabilized.Limit soil disturbance to the grading limits shown. Schedule operations to minimize length of exposure of disturbed areas.Management practices shown are the minimum requirement. Install and maintain additional controls as work proceeds to preventerosion and control sediment carried by wind or water.Refer to SWPPP Notes on Sheet C3.2 for additional requirements.Excavate ponds early in the construction sequence. Remove sediment from ponds periodically and after areas contributing runoffare permanently stabilized.Reserved.Stabilization must be started immediately to limit soil erosion when the construction activity in that portion of the site has temporarilyor permanently ceased and will not resume for 7 calendar days.Seed, Sod, Mulch, Erosion Control Blanket, and Fertilizer shall meet the following Specifications, as modified.ItemSpecification NumberEstimated QuantitiesSodMNDOT 38780 s.f.SeedMNDOT 3876MN Type 21-111 @ 100 lb./ac. - Temporary Erosion Control - Temporary Erosion Control, May 1 - Jul 31MN Type 21-112 @ 100 lb./ac. - Temporary Erosion Control - Temporary Erosion Control, Aug 1 - Oct 310 lbs.MulchMNDOT 3882(MNDOT Type 1 @ 2 ton/ac., Disc Anchored)0 tonErosion Control BlanketMNDOT 3885(MNDOT Type 3N)0 s.f.Permanent stabilization: Re-spread 3-inches of clean topsoil over all disturbed areas and seed with MN Type 25-131 @ 22 lb./ac.Scrape adjacent streets clean daily and sweep clean weekly.2.3.4.5.6.7.8.9.10.11.GRADING NOTESGENERAL NOTESLEGEND:Silt Fence:Vehicle Tracking PadESTIMATED QUANTITY2 ea.4,362 ft.SYMBOLDESCRIPTIONEROSION PREVENTION AND SEDIMENT CONTROL NOTESFor construction staking and surveying services contact Landform at 612.252.9070.1.NORTH0 50 100DARKENWALD CORPORATION7535 RIVER ROAD NEOTSEGO, MN 55330 TEL (763) 441-3700CITY SUBMITTALSES06 FEB 2023PROJECT NO.FILE NAMEIF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOTVISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDEDREADABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACTTHE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS.PROJECTCERTIFICATIONLANDFORMc
105 South Fifth AvenueSuite 513Minneapolis, MN 55401Tel: 612-252-9070Fax: 612-252-9077Web: landform.netLandform®and Site to Finish®are registered service marks of Landform Professional Services, LLC.DATEISSUE / REVISIONREVIEWCONTACT ENGINEER FOR ANY PRIOR HISTORYISSUE / REVISION HISTORYDEVELOPERMUNICIPALITYAVA ADDITION-OUTLOT AALBERTVILLE, MNCITY SUBMITTAL02.06.2023LDP19005.0022023
C301LDP005GRADING, DRAINAGE,& EROSION CONTROLC3.1:Drainage Boundary:Strip Topsoil276,080 sf.:Topsoil ProcessingREQUIRED VOLUMEBASIN NO. DRAINAGE AREABOTTOM1P2P117,027 SF205,982 SF9,684 CF16,992 CF10,325 CF17,408 CF955.50954.70:Drainage DirectionTEMPORARY SEDIMENT BASIN CALCULATIONSPROVIDED VOLUMEAgenda Page 12
DARKENWALD CORPORATION7535 RIVER ROAD NEOTSEGO, MN 55330 TEL (763) 441-3700CITY SUBMITTALSES06 FEB 2023PROJECT NO.FILE NAMEIF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOTVISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDEDREADABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACTTHE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS.PROJECTCERTIFICATIONLANDFORMc
105 South Fifth AvenueSuite 513Minneapolis, MN 55401Tel: 612-252-9070Fax: 612-252-9077Web: landform.netLandform®and Site to Finish®are registered service marks of Landform Professional Services, LLC.DATEISSUE / REVISIONREVIEWCONTACT ENGINEER FOR ANY PRIOR HISTORYISSUE / REVISION HISTORYDEVELOPERMUNICIPALITYAVA ADDITION-OUTLOT AALBERTVILLE, MNCITY SUBMITTAL02.06.2023LDP19005.0022023 STORMWATER POLLUTION PREVENTION MANAGEMENT MEASURESEROSION PREVENTION AND SEDIMENT CONTROLSITE EVALUATION / ASSESSMENT / PLANNINGOperator must develop pollution prevention management measures, implement good housekeeping BMPs, must follow allapplicable federal, state, and local building codes, Occupational Safety and Health Act (OSHA), and the general conditionsand general requirements of the construction contract.The Operator shall minimize the exposure to stormwater of any of the products, material, or wastes stored on site that may washdownstream or contaminate stormwater.Building products that have the potential to leach pollutants must be under cover.Chemicals and landscape materials shall be under cover to prevent the discharge of pollutants.Operator to track progress of the following items on site maps: portable toilets, material storage areas, vehicle and equipment fuelingand maintenance areas, concrete washouts, paint and stucco washouts, dumpsters or other trash and debris containers, spill kits,stockpiles, any other non-structural non-storm water management BMPs, any temporarily removed structural BMPs, any changes tothe structural BMPs.Solid waste: collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolitiondebris and other wastes must be disposed of properly and must comply with MPCA disposal requirements.Hazardous waste: oil, gasoline, paint and any hazardous substances must be properly stored in sealed containers to prevent spills,leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal ofhazardous waste or materials must be in compliance with Minn. R. Ch. 7045 including secondary containment as applicable.Portable toilets must be positioned so that they are secure and will not be tipped or knocked over.Concrete and other washout waste: operator must provide effective containment for all liquid and solid wastes generated by washoutoperations. The liquid and solid wastes must not contact the ground, and the containment must be designed so that it does not resultin runoff from the washout operations or areas. Liquid and solid wastes must be disposed of properly and in compliance with MPCArules. A sign must be installed adjacent to each washout facility that requires site personnel to utilize the proper facilities for disposalof concrete and other washout wastes.External vehicle washing: external washing of trucks and other construction vehicles must be limited to a defined area of the site.Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site.Operator shall take reasonable steps to prevent the discharge of spilled or leaked chemicals, including fuel, from any area wherethey will be loaded or unloaded as detailed in the Permit.INSPECTIONS AND MAINTENANCE1.2.3.4.5.6.7.8.9.10.11.See Grading, Drainage, and Erosion Control sheets for the location and type of temporary erosion prevention and sediment controlBMPs.Minimize Disturbed Areas and Protect Natural Features and SoilAppropriate construction practices (e.g. construction phasing, vegetative buffer strips, horizontal slope grading) shall be used tominimize erosion.Areas not to be disturbed (buffers, infiltration basins, etc.) shall be protected with construction or silt fence before work begins.Operator shall develop methods to minimize soil compaction outside of building pads, pavement areas and utility trenches and shalluse tracked equipment wherever practicable.Topsoil shall be salvaged and reused to the extent practicable.Phase Construction ActivityOperator must not disturb more land than can be effectively inspected and maintained.Sediment control practices shall be established on all down gradient perimeters before any upgradient land disturbing activities begin.These practices shall remain in place until final stabilization has been established in accordance with the Permit.The timing of the installation of sediment control practices may be adjusted to accommodate short-term activities such as clearing orgrubbing, or passage of vehicles. Any short-term activity must be completed as quickly as possible and the sediment controlpractices shall be installed immediately after the activity is completed. However, sediment control practices shall be installed beforethe next precipitation event even if the activity is not complete.Control Stormwater Flowing onto and Through the ProjectThe normal wetted perimeter of any temporary or permanent drainage ditch or swale that drains water from any portion of theconstruction site, or diverts water around the site, shall be stabilized within 200 lineal feet from the property edge, or from the point ofdischarge into any surface water.Stabilization of the last 200 lineal feet shall be completed within 24 hours after connecting to a surface water.Stabilization of the remaining portions of any temporary or permanent ditches or swales shall be complete within 7 days afterconnecting to a surface water and construction in that portion of the ditch has temporarily or permanently ceased.Temporary or permanent ditches or swales that are being used as a sediment containment system (with properly designed rock ditchchecks, bio rolls, silt dikes etc.) do not need to be stabilized. These areas shall be stabilized within 24 hours after no longer beingused as a sediment containment system.Stabilize SoilsAll exposed soil areas, including stockpiles, must be stabilized.Stabilization must be started immediately to limit soil erosion when the construction activity in that portion of the site has temporarilyor permanently ceased and will not resume for 7 calendar days. Stabilization must be complete within 7 days of cessation ofconstruction activity.Temporary soil stockpiles shall have silt fence or other effective sediment controls, and cannot be placed in surface waters, includingstorm water conveyances such as curb and gutter systems, or conduits and ditches unless there is a bypass in place for the stormwater.Temporary stockpiles without significant silt, clay or organic components (e.g. clean aggregate stockpiles, demolition concretestockpiles, sand stockpiles) and the constructed base components of roads, parking lots and similar surfaces, are exempt from thisrequirement.Protect SlopesOperator shall avoid work on slopes with a grade of 3:1 or greater when practicable. Grading on slopes with a grade of 3:1 or steeperwill require techniques such as phasing and stabilization practices designed for steep slopes(e.g. slope draining and terracing).Protect Storm Drain InletsAll storm drain inlets shall be protected by appropriate BMPs during construction until all sources with potential for discharging to theinlet have been stabilized. Inlet protection may be temporarily removed if a specific safety concern has been identified.Provide Energy Dissipation at all Pipe Outlets within 24 HoursAfter connection to a surface water or permanent stormwater treatment system.Establish Perimeter Controls and Sediment BarriersPrior to disturbing soils on a project site, establish sediment control BMPs on all down-gradient perimeters and where site dischargesto public waters.Retain Sediment On-site and Control Dewatering PracticesDischarge shall not cause nuisance conditions, erosion in receiving channels, adversely affect receiving water or impact wetlands, ordownstream properties. Discharge points shall be adequately protected from erosion and scour by accepted energy dissipationmeasures.Discharge water containing oil or grease shall be treated to remove oil or grease prior to discharge to surface waters.Refer to Permit requirements for temporary or permanent sediment basins.Establish Stabilized Construction ExitsVehicle tracking pads shall be established as shown on the Grading, Drainage, and Erosion Control sheet to minimize tracking ofsediment from the construction site onto adjacent streets.Infiltration Basin ProtectionOperator must not excavate infiltration systems to final grade or within three (3) feet of final grade until the contributing drainage areahas been constructed and fully stabilized unless rigorous erosion prevention and sediment controls have been installed.When excavating an infiltration system to within three (3) feet of final grade, operator shall mark off and protect the area from heavyconstruction equipment to prevent compaction of soils.Dewatering and Basin DrainingPermittees must discharge turbid or sediment-laden waters related to dewatering or basin draining to a temporary or permanentsediment basin. Discharges must not cause erosion or scour near the discharge points.Remove Sediment from Surface WatersAll sediment deposits and deltas must be removed from surface waters, including drainage ways, catch basins, and other drainagesystems, and the removal areas restabilized within seven (7) days.1.2.3.4.5.6.7.8.9.10.11.12.13.14.Permittees must ensure that a trained person will inspect the entire construction site at least once every seven (7 ) days duringactive construction and within 24 hours after a rainfall event greater than 0.5-inches in 24 hours.Inspections shall include stabilized areas, erosion prevention and sediment control BMPs.Surface waters on or adjacent to the site must be inspected for evidence of erosion or sediment deposition.Permittees must record all inspection and maintenance activities within 24 hours of being conducted as detailed in the Permit.Inspection Records content shall include:A. Date and time of inspections;B. Name of persons conduction inspections;C. Findings of inspections, including specific locations where corrective actions are needed;D. Corrective actions taken including dates, times, and the party taking the corrective action;E. Dates of all rainfall events greater than 1/2 inch in 24 hours (refer to Permit for measurement requirements);F. Any discovered discharge must be recorded, including photographs, descriptions of discharge (color, odor, settled orsuspended solids, oil sheen, or other obvious indicators of pollution), and specific location of discharge location;G. Any amendments to the Permit as a result of inspections must be documented within seven calendar days as described in thePermit.BMP Maintenance:A. Nonfunctional BMPs must be repaired or replaced by the end of the next business day after discovery unless a different timeframe is indicated.B. Follow the designer's or manufacturer's recommended maintenance procedures for all BMPs.C. Remove sediment from BMPs when the depth of sediment has reached 1/2 the height of the BMP and properly dispose ofsediment into controlled areas to prevent soil from returning to the BMP during subsequent rain events.D. Remove sediment from paved roadways within one calendar day of discovery.E. Remove sediment from around BMPs protecting storm drain inlets.F. Surface waters with evidence of sediment deposition must be stabilized and sediment removed within seven calendar daysof discovery, or as stated by the Permit.G. Ensure that construction support activities, including borrow areas, waste areas, contractor work areas, and material storageareas and dedicated concrete and asphalt batch plants are cleaned and maintained.H. Replace damaged BMPs that no longer operate effectively.Add BMPs as needed during construction to minimize erosion and prevent sediment from leaving the site.1.2.3.4.5.6.7.RECORD KEEPING / RECORD RETENTIONThe SWPPP (original or copies), including all changes to it, and inspections and maintenance records, shall be kept at the site duringconstruction by the Owner / Operator who has operational control of that portion of the site. The SWPPP can be kept in either thefield office or in an on site vehicle during normal working hours.All Owners(s) must keep the SWPPP, along with the following additional records, on file for three (3) years after submittal of theNotice of Termination (NOT). This does not include any records after submittal of the NOT.The following is a list of records that shall be kept at the project site available for inspectors to review:·Copy of the SWPPP, with any modifications;·Inspection and maintenance records;·Permanent operation and maintenance agreements;·Calculations for the design of temporary and permanent stormwater management systems;·Any other permits required for the project;·Records of all inspection and maintenance conducted during construction; and·All permanent operation and maintenance agreements that have been implemented, including all right-of-way, contracts,covenants and other binding requirements regarding perpetual maintenance1.2.3.LOG OF CHANGES TO THE SWPPP / AMENDMENTSThe Owner / Operator(s) must amend the SWPPP as necessary to include additional requirements, such as additional ormodified BMPs, designed to correct problems identified or address situations as detailed in the Permit.1.FINAL STABILIZATIONThe Owner / Operator(s) must ensure final stabilization of the site. Final stabilization includes:A. Ensuring all areas have permanent cover.B. Vegetative areas must have perennial cover with a density of 70% of expected final growth.1.POST CONSTRUCTION / PERMANENT BMPSNo post-construction/ permanent BMPs required.1.TERMINATION OF COVERAGEOwner / Operator(s) wishing to terminate coverage under the Permit must submit a Notice of Termination (NOT) to theMPCA. Compliance with the Permit is required until a NOT is submitted. Refer to the Permit for details. Conditions forsubmitting a NOT include:A. Site must have achieved final stabilization (refer to section above).B. The permanent stormwater treatment and conveyance systems must be clean and all accumulated sediment removed.C. All temporary synthetic erosion prevention and sediment control BMPs must be removed from the site and disposed ofproperly.D. Agricultural Land only - Return the disturbed land to its preconstruction agricultural use.1.The Operator shall have primary responsibility and significant authority for the development, implementation, maintenance, inspectionand amendments to the approved SWPPP. Duties include but are not limited to:·Ensuring full compliance with the SWPPP and the Permit·Implementing all elements of the SWPPP, including but not limited to:··Implementing prompt and effective erosion and sediment control measures··Implementing all non-storm water management, and good housekeeping BMPs ensuring that no materials other thanStorm water are discharged in quantities, which will have an adverse effect on receiving waters or storm drain systems,etc.·Conducting routine inspections and maintenance·Ensuring elimination of all unauthorized discharges·Coordinating to ensure all of the necessary corrections / repairs are made immediately, and that the project complies with theSWPPP, the Permit, and approved plans at all times.1.SWPPP CONTACT AND TRAINING INFORMATIONOwner:Darkenwald Corporationattn: Casey Darkenwald7535 River Road NEOtsego, MN 55330(612) 598-3920casey@darkenwaldcorp.comOperator:To Be Determined. Contact Owner until Contractor Is Selected.Long Term Maintenance And Operation:To Be Determined. Contact Owner until Contractor Is Selected.SWPPP Designer:Steve Sabraski, P.E.Landform Professional Services105 South Fifth Avenue, Suite 513Minneapolis, Mn 55401612-252-9070ssabraski@landform.net tCertification: U Of MN, Design Of Construction SWPPP, Exp. May 31, 2025SWPPP Inspector / Manager:To Be Determined. Contact Owner until Contractor And SWPPP Inspector / Manager is selected.BMP Installation And Repair:To Be Determined. Contact Owner until BMP Installer And Maintainer is selected.1.2.3.4.5.6.WATERS WITHIN ONE MILE OF SITE1 MILESCHEDULE OF BMP INSTALLATION AND CONSTRUCTION ACTIVITYInstall perimeter sediment control BMPs prior to start of other site work. Refer to Grading, Drainage, Paving and Erosion Controlsheet(s) for initial locations of BMPs.Construct temporary sedimentation basins prior to upland disturbance. Install perimeter sediment control BMPs around normal waterlevels within 48-hours of completion of basin grading.Stabilize outlets from temporary sedimentation basins within 24-hours of outlet construction.Perform work in phases to minimize disturbed area at any one time. Operator to develop phasing plan prior to start of work.Strip topsoil from areas to be disturbed and stockpile with perimeter sediment control BMPs. Provide stabilization if stockpile is leftlonger than 14 days.Rough grade site.Provide final stabilization.Remove temporary BMPs and dispose of properly.1.2.3.4.5.6.7.8.DESCRIPTION OF CONSTRUCTION ACTIVITYConstruction activity includes erosion and sediment control BMPs installation, clearing and grubbing and site grading.1.MN SPECIAL (PROHIBITED, RESTRICTED, OTHER) & IMPAIRED WATERS1.NPDES PERMIT AND SWPPP COMPONENTSThe current Minnesota Construction Stormwater General Permit (Permit) dated August 1, 2018 is referenced in thisdocument as the Permit.The SWPPP includes the following components:·Construction Documents prepared by LandformAll components must be kept onsite by the Operator. The Operator shall contact Civil Engineer if they do not have all of theabove documents.1.TEMPORARY SEDIMENTATION BASIN(S)This project does not have more than five (5) disturbed acres draining to a common location and the site drains to an impaired orspecial water, therefore a temporary sediment basin is not required. Refer to sheet C3.1 for further information.Temporary sediment basins shall provide treatment to runoff before it leaves the construction site or enters surface waters. Thecontractor shall comply with the following requirements:A. Sedimentation basins must provide live storage of runoff resulting from the 2-year 24-hour rainfall event from each acredrained to the basin, with a minimum of 1,800 c.f./acre live storage volume. (Where no calculation has been performed, eachbasin shall provide at least 3,600 c.f./acre live storage.) Sedimentation basins must include a stabilized emergency overflowto prevent basin integrity failure.B. Discharge from temporary sedimentation basins will be withdrawn from the surface in order to minimize the discharge ofpollutants.Discharge from basin draining shall not adversely affect the receiving water or downstream properties. Contractor will visually checkto ensure adequate treatment has been obtained and that nuisance conditions will not result from the discharge.Any discharge observed to be occurring during the inspection shall be recorded, described, and photographed.If any proposed temporary BMPs are not working as intended refer to the "Stormwater Compliance Assistance Toolkit for SmallConstruction Operators", MPCA, 2017 for additional information. Operator shall contact the SWPPP Designer for additionalrequirements and information.1.2.3.4.5.SITE INFORMATIONSite location: Latitude: 45.25218, Longitude: -93.67912Disturbed area = 9.14 ac.Pre-construction impervious area within disturbed area = 0 ac.Post-construction impervious area within disturbed area = 0 ac.Net change in impervious area within disturbed area = 0 ac.Type of stormwater management:·No post-construction stormwater management required.Erosion prevention and sediment control quantities are on sheets C3.1.SURFACE WATER BUFFERS50 foot buffers from Surface Waters have not been maintained due to site constraints. A 30' buffer will be maintained as well as theplacement of a double silt fence adjacent to surface waters.1.School Lake is impaired based on the current USEPA 303(d) clean water act list; is within 1 mile of this site; and stormwater doesdischarge to it.A. TMDLs have been established for this impaired water for Nutrients.B. This site will meet these TMDLs using the following methods: Erosion and Sediment Control, and Temporary SedimentBasins.C302LDP005SWPPP NOTESC3.2Agenda Page 13
DARKENWALD CORPORATION7535 RIVER ROAD NEOTSEGO, MN 55330 TEL (763) 441-3700CITY SUBMITTALSES06 FEB 2023PROJECT NO.FILE NAMEIF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOTVISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDEDREADABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACTTHE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS.PROJECTCERTIFICATIONLANDFORMc
105 South Fifth AvenueSuite 513Minneapolis, MN 55401Tel: 612-252-9070Fax: 612-252-9077Web: landform.netLandform®and Site to Finish®are registered service marks of Landform Professional Services, LLC.DATEISSUE / REVISIONREVIEWCONTACT ENGINEER FOR ANY PRIOR HISTORYISSUE / REVISION HISTORYDEVELOPERMUNICIPALITYAVA ADDITION-OUTLOT AALBERTVILLE, MNCITY SUBMITTAL02.06.2023LDP19005.0022023
FLOW2' MIN.NO SCALESILT FENCE1NOTES:1. DIG A 6" TRENCH ALONG THE INTENDED FENCE LINE OR USE MACHINE SLICED ANCHOR.2. INSTALL ON CONTOUR AT CONSTANT ELEVATION.3. DRIVE ALL POSTS INTO THE GROUND AT THE BACK SIDE OF THE TRENCH.4. LAYOUT WIRE MESH AND SILT FENCE ON THE UPHILL SIDE ALONG THE FENCE LINE, AND BACK FILL.STEEL T-POST1.25 lbs/FT @6 FT O.C. MAXUV STABILIZED GEOTEXTILE24"-36" HEIGHT.MACHINE SLICED ANCHOR OR 6"X6"TAMPED EARTH BACKFILL.UNDISTURBED SOILWELDED STEEL PLATEFLOW24" MIN.NO SCALEDOUBLE SILT FENCE2NOTES:1. DIG A 6" TRENCH ALONG THE INTENDED FENCE LINE OR USE MACHINE SLICED ANCHOR.2. WIRE MESH MUST BE EMBEDDED A MINIMUM OF 2" INTO THE GROUND AND NO MORETHAN 36" ABOVE THE GROUND SURFACE.3. DRIVE ALL POSTS INTO THE GROUND AT THE BACK SIDE OF THE TRENCH.4. LAYOUT WIRE MESH AND SILT FENCE ON THE UPHILL SIDE ALONG THE FENCE LINE, ANDBACK FILL.STEEL T-POST1.25 lbs/FT @6 FT O.C. MAXUV STABILIZED GEOTEXTILE24"-36" HEIGHTMACHINE SLICED ANCHOROR 6"X6" TAMPED EARTHBACKFILLUNDISTURBED SOILWELDED STEEL PLATE6" MIN6" MIN24" MIN.BACKFILLUV STABILIZED GEOTEXTILE24"-36" HEIGHTWIRE MESH 6"x6" MAX.,(14 MIN. GAUGE) - MIN.2" EMBEDMENT INTO SOILSTEEL T-POST1.25 LBS/FT@ 6' O.C. MAX.FLOWWELDED STEEL PLATEREGULARSILT FENCEHEAVY-DUTYSILT FENCEEXIST
ING
PAVEMENTNO SCALEVEHICLE TRACKING PAD3SILT FENCEIF NEEDEDDISTANCE VARIES -REFER TO PLANS(50' TYP.)RADIUS AS SHOWNON PLANSWIDTH PERPLANGEOTEXTILE SEPARATOR FABRIC PLACED UNDER ROCK18" HIGH CUTOFF BERM AT SILTFENCE IS NEEDED3" MINIMUM DIA.WASHED ROCK50' MINIMUM LEGTH6" MINIMUM DEPTHC701LDP005CIVIL CONSTRUCTION DETAILSC7.1FLOATING HEAD SKIMMER4NO SCALEAgenda Page 14
wsswwsZ
Narrative
AVA Addition Outlot A Stockpile
and Grading Permit
February 3, 2023
SUBMITTED TO
City of Albertville
5959 Main Avenue NE
Albertville, MN 55301
PREPARED BY
Landform Professional Services, LLC
105 5th Ave S, Suite 513
Minneapolis, MN 55401
Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC
Agenda Page 15
TABLE OF CONTENTS
Introduction .................................................................................................................................................. 1
Administrative Permit ................................................................................................................................... 1
Summary ....................................................................................................................................................... 1
Contact Information ...................................................................................................................................... 1
Agenda Page 16
AVA Addition Outlot A Stockpile and Grading, Albertville, MN February 3, 2023
LDP19005 1
Introduction
On behalf of Darkenwald Corporation, Landform is please to submit this application for an Administrative Permit to
allow for site grading and stockpiling of topsoil on the site. The site includes one 20.75-acre parcel that is currently
vacant with an agricultural use. The existing outlot was created with the AVA Addition development in 2021. The
project will be completed in Spring of 2023.
Legal Description: Part of Section 35, Township 121, Range 24, AVA Addition Outlot A, Wright County,
Minnesota
Administrative Permit
Request
Approval of an Administrative Permit is requested to allow the grading and stockpiling of top soil on the site. The
proposed top-soil stockpile will consist of topsoil from off-site and top-soil removed from the property during the
proposed grading.
Impacts
There are no negative impacts with the proposed use. The area currently used for agricultural uses will be graded
and the off-site and on-site topsoil will be stockpiled in the western portion of the lot. The stockpile of topsoil will be
stabilized and stored for future use or removal. The proposed grading requires an NPDES permit which will be
obtained by the Contractor. There will be no increase in impervious surfaces on the site. Erosion control measures
such as temporary sediment basins will be installed in accordance with NPDES requirements. Double silt fence will
be installed to protect the wetland. Access to the site for equipment and hauling vehicles is proposed from 70th Street
NE to the north.
Summary
We respectfully request approval of the Administrative Permit to allow for grading and stockpiling of topsoil on the
site.
Contact Information
This document was prepared by:
Nicholas Ouellette
Landform
105 South Fifth Avenue, Suite 513
Minneapolis, MN 55401
Any additional questions regarding this application can be directed to Tom Meyer at tmeyer@landform.net or
612.638.0241.
Agenda Page 17
Mayor and Council Request for Action
March 6, 2023
SUBJECT: LEGAL – REGULATION OF THC PRODUCTS WITHIN THE CITY OF
ALBERTVILLE
RECOMMENDATION: Based on comments received at the February 21, 2023, City Council
meeting, the City Attorney has revised the ordinance providing for licensing of THC sales within
the City of Albertville as one potential form of regulation. While the ordinance 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 in final form at a later City Council meeting.
Ideally, all THC regulations will take effect before the moratorium enacted last September is
repealed or expires.
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 has been refined based on the various comments of the City
Councilmembers. The major changes are addressed in the Key Issues section.
KEY ISSUES:
• The significant changes to the ordinance are as follows:
o The compliance check section of the ordinance has been eliminated as there is
currently no exemption in the law that would protect the City if it sponsored a
compliance check program as the City would be party to the commission of a crime
(the sale of THC products to someone under 21 years of age). Without legislation
authorizing such compliance checks, both the City and the underage purchaser would
be violating state law.
o The businesses that can be licensed include businesses selling primarily tobacco
related products or THC products, restaurants which also have a liquor license,
businesses selling primarily CBD products, vendors selling primarily vitamins, health
related supplements, and skin care products (Section 4-10-4). This would prohibit
sales of THC at gas stations, convenience stores and grocery stores, among others.
These businesses can operate in one or more of the City’s commercial zoning
districts.
o Businesses selling THC would have to be 1,000 feet from a school or licensed
daycare (Section 4-10-4).
o No THC can be sold on municipal property (Section 4-10-4).
o The license fee has been reduced from $500 to $250.
o The City Council may, but is not required to terminate a license for a third violation
of the ordinance by a business.
Agenda Page 18
Mayor and Council Request for Action – March 6, 2023
Legal – Regulate THC Products within the City Page 2 of 2
• The zoning ordinance will also need to be changed to prohibit the sale of THC within
1,000 feet of a school or daycare. This will require a public hearing at the planning
commission level before the zoning ordinance can be amended.
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.
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-PWD
Attachments:
• An Ordinance Amending the Albertville City Code to Regulate Tetrahydrocannabinol
Products
Agenda Page 19
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 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 20
City of Albertville
Ordinance No. 2023-XX
Meeting of March 6, 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. EXCLUSIVE LIQUOR STORE. An establishment that meets the definition of
exclusive liquor store in Minn. Stat. § 340A.101, subd. 10.
B. 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.
C. 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.
D. SALE. Any transfer of goods for money, trade, barter, or other consideration.
E. SCHOOL. Any public or private elementary, vocational, or secondary school, or a
public or private college or university, or a state-licensed day care center.
Agenda Page 21
City of Albertville
Ordinance No. 2023-XX
Meeting of March 6, 2023
Page 3
F. 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.
G. THC. Is the acronym for tetrahydrocannabinol, the principal psychoactive constituent
of cannabis.
H. 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.
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.
Agenda Page 22
City of Albertville
Ordinance No. 2023-XX
Meeting of March 6, 2023
Page 4
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.
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. ELIGIBILITY AND BASIS FOR DENIAL OF LICENSE.
A. Eligibility.
Agenda Page 23
City of Albertville
Ordinance No. 2023-XX
Meeting of March 6, 2023
Page 5
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. Eligible Businesses. Licenses shall only be issued to the following entities:
(a) Vendors selling primarily tobacco, tobacco related products or THC products.
(b) Restaurants selling prepared food which also have an alcohol license.
(c) Vendors selling primarily CBD products.
(d) Vendors selling primarily vitamins, health-related supplements, and skin care
products.
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 1,000 feet
of any school. The distance is to be measured from the closest point of the
property the school is located on 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 where the sale of THC Products would be in violation of the City’s
Zoning Ordinance.
7. No entity shall be issued a license to sell THC Products on municipally-owned
property.
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.
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
Agenda Page 24
City of Albertville
Ordinance No. 2023-XX
Meeting of March 6, 2023
Page 6
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 Section 4-10-4.B.2 or Section 4-10-4.B.3 of the Albertville City
Code or who, in the judgment 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.
10-4-5. 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 unless such
establishment has a combined on-sale and off-sale liquor license.
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.
Agenda Page 25
City of Albertville
Ordinance No. 2023-XX
Meeting of March 6, 2023
Page 7
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.
10-4-6. 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.
10-4-7. 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
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.
10-4-8. 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.
Agenda Page 26
City of Albertville
Ordinance No. 2023-XX
Meeting of March 6, 2023
Page 8
3. Third Violation Within 36 Months. The City Council may impose a civil fine of
$1,000.00 and/or 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.
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.
10-4-9. LICENSE FEE.
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 may be amended from time to time by the City Council.
The annual fee for a THC license shall be $250.00 per 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. No portion of such license
fees shall be refundable.
SECTION 2. EFFECTIVE DATE.
This Ordinance shall be in full force and effect beginning ______________, 2023.
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 27
Mayor and Council Request for Action
March 6, 2023
SUBJECT: LEGAL – CENTERPOINT ENERGY GAS FRANCHISE RENEWAL
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Ordinance No. 2023-02 CenterPoint Energy Gas Franchise Ordinance and
the accompanying summary Ordinance for publication.
BACKGROUND: In 2003, the City and CenterPoint Energy entered into a franchise agreement
granting CenterPoint Energy the right to distribute gas throughout the City and to run gas lines
within the City’s rights of way. The 2003 Agreement was a 20-year agreement that expires in
2023. The attached ordinance will replace that agreement, largely on the same terms with minor
differences.
KEY ISSUES:
• This franchise ordinance/agreement will expire 20 years from its enactment and
acceptance by Centerpoint Energy.
• The agreement requires CenterPoint to obtain permits to work within the City’s rights of
way, to submit plans for review by the City prior to commencement of work within the
rights of way, and to restore the street in accordance with state law.
• The City is required to give CenterPoint Energy reasonable notification of future
construction projects in the rights of way.
• CenterPoint Energy is required to relocate its facilities within the right of way if
requested by the City and if the facilities’ current location will interfere with the City’s
use of the right of way or will interfere with the safety and convenience of travel over the
right of way.
• The City will need to provide CenterPoint Energy with 2 weeks’ notice of any potential
road vacations (same time period that the City must publish notice in the newspaper).
• This agreement will not impact the franchise fee or restrict the City’s ability to change in
it in the future.
POLICY/PRACTICES CONSIDERATIONS: This franchise renewal is fairly similar to the
existing franchise agreement that the City has with CenterPoint Energy, but with updates to
reflect changes in the law since the 2003 agreement was enacted.
FINANCIAL CONSIDERATIONS: Enacting this ordinance will have no financial impact on
the City as it does not alter the current CenterPoint Energy Franchise fee, nor does it commit the
City to any action that would require an expenditure of funds.
LEGAL CONSIDERATIONS: Franchise agreements such as this are specifically authorized
by Minnesota Statute and are approved in ordinance form.
Agenda Page 28
Mayor and Council Request for Action – March 6, 2023
Legal – CenterPoint Energy Gas Franchise Renewal Page 2 of 2
Responsible Person: Mike Couri, City Attorney.
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Ordinance No. 2023-02 CenterPoint Energy Gas Franchise
• Summary of Ordinance No. 2023-02 CenterPoint Energy Gas Franchise
Agenda Page 29
CENTERPOINT ENERGY GAS FRANCHISE ORDINANCE
ORDINANCE NO. 2023-02
CITY OF ALBERTVILLE, WRIGHT, MINNESOTA
AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP. d/b/a
CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”), ITS
SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE
TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY
FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS
OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA, FOR SUCH
PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF
The City Council Of The City Of Albertville, Wright County, Minnesota, Ordains:
SECTION 1. DEFINITIONS
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall
have the following meanings:
City. The City of Albertville, County of Wright, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or operated
by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic
signals, but excluding facilities for providing heating, lighting, or other forms of energy.
Commission. The Minnesota Public Utilities Commission, or any successor agency or
agencies, including an agency of the federal government, which preempts all or part of the authority
to regulate gas retail rates now vested in the Minnesota Public Utilities Commission.
Company. CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota Gas
its successors and assigns including all successors or assigns that own or operate any part or parts of
the Gas Facilities subject to this Franchise.
Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or
mixed gas, but excludes propane gas that is sold within the City in portable tanks or delivered by
truck and excludes motor vehicle fuels (gasolines and diesel fuels) transported into the City by
truck.
Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures and all
necessary equipment and appurtenances owned or operated by the Company for the purpose of
providing Gas Energy for retail or wholesale use.
Notice. A writing served by any party or parties on any other party or parties. Notice to
Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet
Mall, Minneapolis, Minnesota, 55402. Notice to the City shall be mailed to Albertville City Clerk,
5959 Main Street, P.O. Box 9, Albertville, MN 55301. Any party may change its respective address
for the purpose of this Ordinance by written Notice to the other parties.
Agenda Page 30
City of Albertville
Ordinance No. 2023-02
Meeting of March 6, 2023
Page 2
Ordinance. This gas franchise ordinance, also referred to as the Franchise.
Public Way. Any highway, street, alley or other public right-of-way within the City.
Public Ground. Land owned or otherwise controlled by the City for utility easements,
park, trail, walkway, open space or other public property, which is held for use in common by the
public or for public benefit.
SECTION 2. ADOPTION OF FRANCHISE
2.1 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years
from the date this Ordinance is passed and approved by the City, the right to import, manufacture,
distribute and sell Gas Energy for public and private use within and through the limits of the City as
its boundaries now exist or as they may be extended in the future and also the right to transport Gas
Energy through the limits of the City for use outside of the City limits. For these purposes,
Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across
the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do
all reasonable things necessary or customary to accomplish these purposes, subject, however, to
such reasonable regulations as may be imposed by the City pursuant to a public right-of-way
ordinance or permit requirements adopted consistent with state law.
2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect
from and after the passage of this Ordinance and publication as required by law and its acceptance
in writing by Company.
2.3. Service and Gas Rates. The terms and conditions of service and the rates to be
charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the
Commission.
2.4. Publication Expense. Company shall pay the expense of publication of this
Ordinance.
2.5. Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties must
promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not
resolved, the parties may jointly select a mediator to facilitate further discussion. The parties will
equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are
unable to resolve the dispute with the selected mediator, either party may commence an action in
District Court to interpret and enforce this Franchise or for such other relief as may be permitted by
law or equity.
2.6. Continuation of Franchise. If the City and the Company are unable to agree on the
terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until
a new franchise is agreed upon, or until ninety (90) days after the City or the Company serves
written Notice to the other party of its intention to allow Franchise to expire.
Agenda Page 31
City of Albertville
Ordinance No. 2023-02
Meeting of March 6, 2023
Page 3
SECTION 3. LOCATION, OTHER REGULATIONS
3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained
so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways
and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located
on Public Grounds in a location to be determined by the City. The location and relocation of Gas
Facilities shall be subject to reasonable regulations of the City consistent with authority granted the
City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent
with a specific term of this Franchise.
3.2. Street Openings. Company shall not open or disturb the surface of any Public Way
or Public Ground for any purpose without first having obtained a permit from the City, if required
by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions
imposed on Company shall not be more burdensome than those imposed on other public right-of-
way users for similar facilities or work. Company may, however, open and disturb the surface of
any Public Way or Public Ground without a permit if (i) an emergency exists requiring the
immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the
City before commencement of the emergency repair, if reasonably possible. Within two (2) business
days after commencing the repair, Company shall apply for any required permits and pay any
required fees.
3.3. Restoration. After undertaking any work requiring the opening of any Public Way
or Public Ground, the Company shall restore the Public Ways or Public Grounds in accordance with
Minnesota Rules, 7819.1100. Company shall restore the Public Ground to as good a condition as
formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All
work shall be completed as promptly as weather permits, and if Company shall not promptly
perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public
Ground in the said condition, the City shall have, after demand to Company to cure and the passage
of a reasonable period of time following the demand, but not to exceed five (5) days, the right to
make the restoration of the Public Ways or Public Grounds at the expense of Company provided.
Company shall pay to the City the cost of such work done for or performed by the City. The
Company shall not be required to post a construction performance bond.
3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to
prevent the Gas Facilities from causing damage to persons or property. The Company must take
reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas
Facilities by persons, property or the elements. The City shall comply with Minnesota Statute
§ 216D.05 when it performs excavation work near the Gas Facilities.
3.5. Notice of Improvements to Streets. The City will give Company reasonable
written Notice of plans for improvements to Public Ways and Public Grounds where the City has
reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will
contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds
upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time
when the City will start the work, and (v) if more than one Public Way or Public Grounds is
involved, the order in which the work is to proceed. The Notice will be given to Company a
sufficient length of time, considering seasonal working conditions, in advance of the actual
Agenda Page 32
City of Albertville
Ordinance No. 2023-02
Meeting of March 6, 2023
Page 4
commencement of the work to permit Company to make any additions, alterations or repairs to its
Gas Facilities Company deems necessary.
3.6 Mapping Information. If requested by City, Company must promptly provide
complete and accurate mapping information for any of its Gas Facilities in accordance with the
requirements of Minnesota Rules 7819.4000 and 7819.4100.
SECTION 4. RELOCATIONS
4.1. Relocation in Public Ways. The Company and City shall comply with the
provisions of Minnesota Rules 7819.3100 and applicable city ordinances consistent with law with
respect to requests for the Company to relocate Gas Facilities located in Public Ways.
4.2 Relocation in Public Grounds. City may require Company at Company’s expense
to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas
Facilities have become or will become a substantial impairment to the existing or proposed public
use of the Public Grounds. Nothing in this Section 4.2 shall be construed so as to invalidate or
impair any existing Company easements in Public Grounds. If Company is required to relocate from
an existing Company easement, City shall provide an equivalent easement for the relocated
facilities.
4.3. Projects with Federal Funding. Relocation, removal or rearrangement of any
Company Gas Facilities made necessary because of the extension into or through City of a federally
aided highway project shall be governed by the provisions of Minnesota Statutes §§ 161.45 and
161.46.
SECTION 5. INDEMNIFICATION
5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any
and all liability, on account of injury to persons or damage to property occasioned by the
construction, maintenance, repair, inspection, the issuance of permits or the operation of the Gas
Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for
losses or claims occasioned through its own negligence or otherwise wrongful act or omission
except for losses or claims arising out of or alleging the City's negligence as to the issuance of
permits for, or inspection of, Company's plans or work.
5.2. Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the
City in such suit if written Notice thereof is promptly given to Company within a period wherein
Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend,
it will thereafter have control of such litigation, but Company may not settle such litigation without
the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to
third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in
defending any action on behalf of the City, shall be entitled to assert in any action every defense or
immunity that the City could assert in its own behalf. This Franchise agreement shall not be
interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on
liability under Minnesota Statutes, Chapter 466.
Agenda Page 33
City of Albertville
Ordinance No. 2023-02
Meeting of March 6, 2023
Page 5
SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS
The City shall give Company at least two weeks prior written Notice of a proposed vacation
of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota
Rules 7819.3100 and 7819.3200 with respect to any request for vacation.
SECTION 7. CHANGE IN FORM OF GOVERNMENT
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 8. FRANCHISE FEE
8.1. Form. During the term of the franchise hereby granted, and in addition to permit
fees being imposed or that the City has a right to impose, the City may charge the Company a
franchise fee. The fee may be i) a percentage of gross revenues received by the company for its
operations within the city, or ii) a flat fee per customer based on metered service to retail
customers within the city or on some other similar basis, or iii) a fee based on units of energy
delivered to any class of retail customers within the corporate limits of the city. The method of
imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered
service may differ for each customer class or combine the methods described in (i) - (iii) above
in assessing the fee. The City shall seek to use a formula that provides a stable and predictable
amount of fees, without placing the company at a competitive disadvantage. Such fee shall not
exceed any amount that the Company may legally charge to its customers prior to payment to the
City and be consistent with the Minnesota Public Utility Commission’s March 23, 2011, Order
establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. If the Company
claims that the City required fee formula is discriminatory or otherwise places the Company at a
competitive disadvantage, the Company shall provide a formula that will produce a substantially
similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing
and implementing the formula. The City will attempt to accommodate the Company but is under
no franchise obligation to adopt the Company-proposed franchise fee formula and each review
will not delay the implementation of the City-imposed fee.
8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance
duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less
than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved
ordinance has been served upon the Company by Certified mail. The fee shall become effective
ninety (90) days after written notice enclosing such adopted ordinance has been served upon the
Company by certified mail.
8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective
against the Company unless it lawfully imposes a fee of the same or substantially similar amount on
the sale of Gas Energy within the City by any other energy supplier, provided that, as to such
supplier, the City has the authority or contractual right to require a franchise fee or similar fee
through a previously agreed-upon franchise.
Agenda Page 34
City of Albertville
Ordinance No. 2023-02
Meeting of March 6, 2023
Page 6
8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during
complete billing months of the period for which payment is to be made. The franchise fee formula
may be changed from time to time, however, the change shall meet the same Notice and acceptance
requirements and the fee may not be changed more often than annually. Such fee shall not exceed
any amount that the Company may legally charge to its customers prior to payment to the City and
be consistent with Minnesota Public Utility Commission’s March 23, 2011, Order establishing
franchise fee filing requirements in Docket No. E,G999/CI-09-970. Such fee is subject to
subsequent reductions to account for uncollectibles and customer refunds incurred by the Company.
The Company shall not be responsible to pay City fees that Company is unable to collect under
Commission rules or order. Company agrees to make available for inspection by City at reasonable
times all records necessary to audit Company’s determination of the franchise fee payments.
8.5. Continuation of Franchise Fee. If this franchise expires and the City and the
Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed
by the City at the time this franchise expires, will remain in effect until a new franchise is agreed
upon.
SECTION 9. ABANDONED FACILITIES
The Company shall comply with Minnesota Rules, Part 7819.3300, as it may be amended
from time to time with respect to abandoned facilities in Public Ways. The Company shall
maintain records describing the exact location of all abandoned and retired Gas Facilities within
the Public Ways and Public Grounds, produce such records at the City’s request and comply with
the location requirements of Minnesota Statutes § 216D.04 with respect to all Gas Facilities
located in Public Ways and Public Grounds.
SECTION 10. PROVISIONS OF ORDINANCE
10.1. Severability. Every section, provision or part of this Ordinance is declared
separate from every other section, provision or part; and if any section, provision or part shall be
held invalid, it shall not affect any other section, provision or part. Where a provision of any
other City ordinance is inconsistent with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement
between City and Company as the only parties. No provisions herein shall in any way inure to
the benefit of any third person (including the public at large) so as to constitute any such person
as a third-party beneficiary of this Ordinance or of any one or more of the terms hereof, or
otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE
Either party may propose at any time that this Franchise Ordinance be amended. This
Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance
declaring the provisions of the amendment, which amendatory ordinance shall become effective
upon the filing of Company’s written consent thereto with the City Clerk within ninety (90) days
after the effective date of the amendatory ordinance.
Agenda Page 35
City of Albertville
Ordinance No. 2023-02
Meeting of March 6, 2023
Page 7
SECTION 12. PAYMENT OF CITY’S COSTS RELATED TO FRANCHISE
ORDINANCE.
The Company shall pay the City’s reasonable publication costs related to the drafting,
negotiation, passage and publication of this Franchise Ordinance. Such payment shall be made
within 30 days of mailing of the invoice by the City.
Adopted by the City Council f the City of Albertville on this 6th day of March 2023.
____________________________________
Jillian Hendrickson, Mayor
ATTEST:
______________________________
Kristine A Luedke, City Clerk
Agenda Page 36
The following summary clearly informs the public of the intent and effect of the ordinance and is
approved for publication:
SUMMARY FOR PUBLICATION
CITY OF ALBERTVILLE
ORDINANCE NO. 2023-02
CENTERPOINT ENERGY GAS FRANCHISE ORDINANCE
An ordinance entitled “An Ordinance Granting Centerpoint Energy Resources Corp. D/B/A
CenterPoint Energy Minnesota Gas (“CenterPoint Energy”), Its Successors And Assigns, A
Nonexclusive Franchise To Construct, Operate, Repair And Maintain Facilities And
Equipment For The Transportation, Distribution, Manufacture And Sale Of Gas Energy For
Public And Private Use And To Use The Public Ways And Grounds Of The City Of
Albertville, Wright County, Minnesota, For Such Purpose; And, Prescribing Certain Terms
And Conditions Thereof” grants a 20-year gas distribution and sale franchise to CenterPoint
Energy within the City of Albertville.
This ordinance governs CenterPoint Energy’s use of the City’s rights of way and public
grounds for distribution of natural gas, provides for relocation of CenterPoint’s facilities
within the rights of way, requires CenterPoint to defend and indemnify the City, and allows
the imposition of a franchise fee, among other things.
This ordinance was adopted by the City Council on March 6, 2023. This summary is
adopted pursuant to Minn. Stat. §412.191, Subd. 4. A printed copy of the entire
Ordinance is available for inspection and copying at the Albertville City Hall located at
5959 Main Street, Albertville, Minnesota, 55301.
/s/ Kris Luedke, City Clerk
Agenda Page 37
City Administrator’s Update
March 2, 2023
GENERAL ADMINISTRATION
Juneteenth: At the beginning of February, Juneteenth passed as a state holiday and the law
will go into effect on August 1, 2023. The City adopted the 2023 calendar prior to the new law
and as such Juneteenth falls on a Monday in which a regular Council meeting is scheduled.
Please let me know if you would like any changes to the 2023 City Calendar.
Spring Newsletter: The Spring newsletter should hit residents’ mailboxes by the end of this
week.
CenterPoint Gas Franchise Fee: Effective January 1, 2023, the CenterPoint Energy franchise fee
was implemented. The City’s spring newsletter includes an article on how the funds generated
will be used to offset the tax levy and designated to specific funds, such as street maintenance.
Planning Commission Vacancy: With the appointment of Councilmember Hayden, there is a
vacancy on the Planning Commission. The Planning Commission opening is included in the
spring newsletter and will be posted on the City’s Facebook page.
County Clean Water Grant: Staff submitted a Water Quality Improvement grant application
through Wright County for funding to make improvements to Ditch #9 through the Albert Villas
neighborhood. Applications were due February 7.
City’ Annual Rental License Ordinance: At the February 21 Council meeting, Staff presented
the City’s rental licensing and inspection ordinance. Per Council’s direction, Staff will bring back
for Council’s review an ordinance amending the rental license period and review the fees
associated with the annual rental licensing to ensure the City’s costs are covered.
Parks Committee: At their last meeting, the Committee reviewed several items including
options for paving the Central Park parking lot next to the depot, and a new playground and
water feature at Central Park.
ENGINEERING/PUBLIC WORKS
2023 Street Project: The 2023 Street Project will bid on March 15 and bids will be presented to
Council at the March 20 meeting.
WWTF Biosolids Improvement Project: Bids for the project were opened on February 28.
Three (3) very respectable bids were received with the lowest bid being submitted by Gridor
Construction in the amount of $10,451,700. I have asked for construction service and test
proposals and will present bids and financing options at the meeting on March 20.
Agenda Page 38
City Administrator’s Update Page 2 of 2 March 2, 2023
Lift Station Upgrades: Public Works is working on 4 lift station upgrades. Generally, upgrades
are related to control panels and electrical components. Eligible expenses can be paid with
ARPA funds otherwise are paid with enterprise capital reserves.
I-94 Gap Project: MnDOT is anticipating 2024 construction and has consultant working on final
design. We have a question into MnDOT as to whether a ped bridge at CR 37 can be included in
the project.
County Road 137: The County will be reconstructing 137 in 2024. Unless desired otherwise,
staff will be working with the county on options for a trail along 137 and crossing provisions at
the 62nd Street intersection.
Agenda Page 39