2023-05-15 City Council Agenda Packet-updated
City of Albertville Council Agenda
Monday, May 15, 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 May 1, 2023, regular City Council Meeting minutes as presented. 3-6
B. Authorize the Monday, May 15, 2023, payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been provided
to Council as a separate document and is available for public view at City Hall upon request.
7
C. Authorize the hiring of the following individuals for the position of Reserve Firefighter with
the Albertville Fire Department: Jesse Hertwig and Benjamin Stock.
8-9
D. Authorize the promotion of the following individual to the position of Probationary Paid-On-
Call Firefighter with the Albertville Fire Department: Matt Aguirre.
10-11
E. Approve a Special Event Permit for the Family Youth Community Connections to hold their
Dueling Piano event on June 16, 2023, from 6 pm to 10 pm in Central Park
12
F. Approve a Community Festival Permit for Neighbors Eatery and Saloon for June 8, 2023, to
June 11, 2023.
13
G. Approve a Special Event Permit for Konz Crossing located at 5703 Lachman Ave NE to hold
their Grand Opening Celebration on June 9, 2023, from 1 pm to 5 pm.
14
H. Approve an On-Sale Temporary Liquor License for STMA Rotary for June 9, 2023, for the
Konz Crossing Special Event located at 5703 Lachman Avenue NE contingent upon receipt of
the temporary liquor license fee.
15
I. Adopt Resolution No. 2023-23 adopting the Wright County All-Hazard Mitigation Plan. 16-17
J. Approve Payment Application No. 1 to Gridor Construction in the amount of $162,500 for
Wastewater System Improvements.
7. Public Hearing – None
8. Wright County Sheriff’s Office – Updates, reports, etc.
9. Department Business
A. City Council
1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc)
City of Albertville City Council Agenda
Monday, May 15, 2023 Page 2 of 2
B. Building – None
C. City Clerk – None
D. Finance
1. Issuance and Sale of 2023A General Obligation Disposal System Bond 18-40
(Motion to adopt Resolution No. 2023-24 providing for the Issuance and Sale of
$9,855,000 General Obligation Disposal System Bonds, Series 2023A, providing for
their Issuance and Levying a Tax for the Payment Therefor.)
* 2. Authorize the City of Albertville to Submit to receive Grant Funds
(Motion to adopt Resolution No. 2023-26 applying for a Grant from the Minnesota
Public Facilities Authority.)
E. Fire – None
F. Planning and Zoning
1. Consider a Zoning Code Amendment creating Chapter 5200 Planned Unit
Development District Summary and adoption of Updated Zoning Map
41-78
(Motion to adopt Ordinance No. 2023-05 approving an amendment to the Albertville
Zoning Code Create Chapter 5200 PUD-Planned Unit Development District
summarizing the approved PUD land uses and performance standards within past PUD
approvals and approve summary ordinance for publication.)
(Motion to adopt Ordinance No. 2023-06 adopting the updated Albertville Zoning Map
dated April 2023.)
G. Public Works/Engineering – None
H. Legal – None
I. Administration
1. Approve Planning Service Contract with ABCities Consulting LLC 79-93
(Motion to adopt Resolution No. 2023-25 approve a contract with ABCities Consulting,
LLC for Planning Consultant Services through 2024.)
2. Building Inspection Services Discussion
3. City Administrator’s Update 94-95
10. Announcements and/or Upcoming Meetings
May 22 Joint Power Water Board, 6 pm
Parks Committee, 7 pm
May 29 City Offices closed in observance of Memorial Day
June 5 City Council, 7 pm
June 7-11 2023 Albertville Friendly City Days
June 12 STMA Arena Board, 6 pm
June 13 Planning Commission, 7 pm
June 19 City Council, 7 pm
11. Adjournment
*Added at the May 15 Council meeting.
ALBERTVILLE CITY COUNCIL
DRAFT REGULAR MEETING MINUTES May 1, 2023 – 7 pm
Council Chambers
Albertville City Hall
1. Call to Order
Acting Mayor Olson called the meeting to order at 7 pm.
2. Pledge of Allegiance – Roll Call
Present: Acting Mayor Olson, Councilmembers Cocking, Hayden and Zagorski.
Absent: Mayor Hendrickson
Staff Present: City Administrator Nafstad, City Attorney Couri, Finance Director Lannes and
City Clerk Luedke.
3. Recognitions – Presentations – Introductions
A. 2022-2023 Albertville Royalty Court
The 2022-2023 Royalty Court listed some of their favorite activities they participated in over the
last year. The 2023-2024 Royalty candidates introduced themselves. The Royalty Court thanked
the Council for their continued support.
The City Council thanked the Royal Court for their service to the Albertville Community.
4. Public Forum
Mr. Felix Langstad, 10253 78th Street NE, Otsego, said he was interested in if a timeline had
been set as to when the City of Albertville would move forward with the licensing for THC
products within the City. He answered questions from Council.
There was Council discussion regarding the current legislative session regarding the proposed
cannabis house bill and the Council’s consensus was to wait on a THC licensing ordinance until
the session was over to see if the State moved forward with proposed bill. They discussed
revisiting the THC ordinance at first meeting in June.
City Administrator Nafstad and City Attorney Couri answered questions from Council regarding
the City’s process for licensing if the bill were passed. Attorney Couri said the City would
review the bill if passed for local licensing regulations.
5. Amendments to the Agenda
MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to approve
the May 1, 2023, agenda as submitted. Ayes: Cocking, Hayden, Olson and Zagorski. Nays:
None. Absent: Hendrickson. The motion carried.
Agenda Page 3
City Council Meeting Draft Minutes Page 2
Regular Meeting of May 1, 2023
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 April 17, 2023, Local Board of Appeals and Equalization minutes as
presented.
B. Approve the April 17, 2023, regular City Council Meeting minutes as presented.
C. Authorize the Monday, May 1, 2023, payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at
City Hall upon request.
D. Adopt Resolution No. 2023-21 accepting a donation in the amount of $5,000 from
the STMA Youth Baseball Association for baseball field improvements in Central
Park.
E. Approve a temporary on-sale liquor license for Albertville Friendly City Days for
June 8 through 11, 2023, for the Annual Friendly City Days Festival contingent upon
receipt of liquor liability insurance certificate for a flat fee of $100 for the event.
F. Approve street closures as requested for Albertville Friendly City Days and extended
hours for Central Park for June 7 through June 11, 2023.
G. Adopt Resolution No. 2023-22 approving a new lawful gambling premise permit for
STMA Youth Hockey Association at Cedar Creek Golf Course located at 5700 Jason
Avenue NE.
MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to approve
the May 1, 2023, Consent Agenda as submitted. Ayes: Cocking, Hayden, Olson and Zagorski.
Nays: None. Absent: Hendrickson. The motion carried.
7. Public Hearing – None
8. Wright County Sheriff’s Office – Updates, reports, etc.
There were no updates from the Wright County Sheriff’s Office.
9. Department Business
A. City Council
1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
Councilmember Zagorski provided an update from the Joint Power Water Board meeting which
included a discussion on an agreement between the Water Board and Verizon for placement of
antennas on a water tower. City Administrator Nafstad provided additional information on the
Verizon agreement and answered questions from Council.
Councilmember Olson provided an update from the Parks Committee meeting and said Park’s
Night was set for May 19 at Westwind Park, Linwood Park and Four Seasons Park.
B. Building – None
C. City Clerk – None
Agenda Page 4
City Council Meeting Draft Minutes Page 3
Regular Meeting of May 1, 2023
D. Finance
1. Approve Purchase of Microsoft Office Professional 365
Finance Director Lannes presented the staff report and provided details on the Microsoft Office
conversion. She answered questions from Council.
MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to authorize
staff to purchase Microsoft Office Professional 365 and installation assistance not to exceed
$17,000 and a monthly subscription fee of approximately $511. Ayes: Cocking, Hayden, Olson
and Zagorski. Nays: None. Absent: Hendrickson. The motion carried.
E. Fire – None
F. Planning and Zoning – None
G. Public Works/Engineering – None
H. Legal – None
I. Administration
1. Planning Commission Member Appointment Discussion
City Administrator Nafstad provided an update on open Planning Commission seat and said the
City had received two applications. As directed by the Council in February, he said the Personnel
Committee reviewed the applications and he contacted the Planning Commission Chair to
discuss the applications and the Chair recommended the appointment of Jay Eull for the open
seat. Administrator Nafstad answered questions from Council regarding the advertising process
used for the open seat.
There was Council discussion regarding the open Planning Commission seat and the consensus
was to move the appointment decision to a Council meeting in June when Mayor Hendrickson
would be in attendance.
2. City Administrator’s Update
City Administrator Nafstad reviewed the City Administrators Update and provided an update on
the City’s Building Official who has been out ill. He said retired Building Official Heins has
been hired temporarily to assist with the building inspections.
City Attorney Couri addressed the zoning enforcement issues on Mr. Potter property. He said the
southwest part of the property was being leased to Mr. Norby for his business that consists of
outdoor storage and no principal building which was not allowed at on the property. Attorney
Couri reported, on another part of Potter’s property, large piping, lawnmowers and other
construction related items were being stored illegally. He recommended the City move forward
with the court process because code enforcement letters had been sent to both parties and neither
of them have complied. Mr. Couri also reported on wetland issues due to Mr. Potter’s addition of
landfill. He answered questions from Council regarding enforcement of the issues and said at this
time he was not sure if the City would enforce the wetland concerns or if the enforcement would
be through the Board of Water & Soil Resources.
Agenda Page 5
City Council Meeting Draft Minutes Page 4
Regular Meeting of May 1, 2023
City Administrator Nafstad answered questions from the Council regarding the illegal land use
and wetland issues.
There was Council discussion regarding the illegal use of land, the wetland issues and whether
the City would be responsible to enforce the wetland land fill matters. The Council’s consensus
was to direct the City Attorney to begin the complaint process and provide an update at the next
Council meeting.
3. Closed Meeting – Update on City of Albertville vs. Chuck Maeyaert
Litigation
The Council moved to a Closed Meeting to discuss the City of Albertville vs. Chuck Maeyaert
Litigation.
MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to close the
meeting. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent: Hendrickson. The
motion carried.
City Attorney Couri provided an update to the Council regarding the on-going litigation.
MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to re-open
the Council meeting. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent:
Hendrickson. The motion carried.
Announcements and/or Upcoming Meetings
May 8 STMA Arena Board, 6 pm
May 9 Planning Commission, 7 pm
May 15 City Council, 7 pm
May 22 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
May 29 City Offices closed in observance of Memorial Day
June 5 City Council, 7 pm
June 5-11 2023 Albertville Friendly City Days
10. Adjournment
MOTION made by Councilmember Cocking, second by Councilmember Hayden to adjourn the
meeting at 8:26 pm. Ayes: Cocking, Hayden, Olson and Zagorski. Nays: None. Absent:
Hendrickson. The motion carried.
Respectfully submitted,
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 6
Mayor and Council Request for Action
May 15, 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, May 15, 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
May 15, 2023
SUBJECT: CONSENT – FIRE – AUTHORIZE THE HIRING OF RESERVE
FIREFIGHTERS
RECOMMENDATION: It is respectfully requested that the Mayor and City Council authorize
the following:
MOTION TO: Authorize the hiring of the following individuals for the position of Reserve
Firefighter with the Albertville Fire Department:
• Jesse Hertwig
• Benjamin Stock
BACKGROUND: The Fire Department began its current hiring process in February 2023. The
process has concluded with the request to approve the hiring of the above-named individuals to
the position of Reserve Firefighter.
The applicants have met the requirements as outlined in Section 4.1.3 (Employment Eligibility -
Requirements and Process) of the Albertville Fire Department’s (AFD) Standard Operating
Policies and Procedures. They have also completed, and successfully passed, the complete AFD
hiring process. This process includes, but is not limited to:
a. Application
b. Initial Interview
c. Physical Ability Test
d. Reference Checks
e. Final Interview
f. Conditional Job Offer
g. MN BCA Background and Criminal History Checks
h. Pre-Employment Medical Exams / Drug Testing
i. Pre-Employment Psychological Exams and Interview
The AFD is asking for Council authorization for the hiring of two new Reserve Firefighters. If
approved by Council, the new members will be sworn in on Thursday, May 18th, at the
Albertville Fire Department.
KEY ISSUES:
• The current AFD hiring process is ending.
• Two applicants have successfully completed the AFD hiring process.
• If approved by Council, the new members will be sworn in on Thursday, May 18th, at the
Albertville Fire Department.
FINANCIAL CONSIDERATIONS: The costs associated with the hiring process are part of the
annual Fire Department Operating budget. The Reserve Firefighters will start as volunteer,
unpaid, members of the Fire Department.
Agenda Page 8
Mayor and Council Request for Action – May 15, 2023
Consent – Fire – Authorize Hiring of Reserve Firefighter Page 2 of 2
LEGAL ISSUES: The City Council has the authority to establish new positions and hire
personnel.
Responsible Person: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator - PWD
Agenda Page 9
Mayor and Council Request for Action
May 15, 2023
SUBJECT: CONSENT – FIRE – AUTHORIZE THE PROMOTION OF A
PROBATIONARY PAID-ON-CALL FIREFIGHTER
RECOMMENDATION: It is respectfully requested that the Mayor and City Council authorize
the following:
MOTION TO: Authorize the promotion of the following individual to the position of
Probationary Paid-On-Call Firefighter with the Albertville Fire Department:
• Matt Aguirre
BACKGROUND: The Fire Department currently has openings in the Paid-On-Call membership
and is requesting the approval to promote the above-named individual from the position of
Reserve Firefighter to Probationary Paid-On-Call Firefighter.
The Reserve Firefighter has met the requirements for promotion to Probationary Paid-On-Call
Firefighter as outlined in Section 5.4.1 (Reserve Firefighter) of the Albertville Fire Department
(AFD) Standard Operating Policies and Procedures.
These requirements include, but are not limited to:
a. Completing Firefighter I/II, HazMat Operations
b. Completing CPR/Emergency Medical Responder (EMR)
c. Completing FEMA ICS / NIMS 100 / 200 / 700
d. Obtain an MBFTE Firefighter License
e. Obtain an EMSRB EMR Certification
f. Responding to at least 20% of the total calls per quarter.
g. Attendance at regularly scheduled meetings and/or training drills and official events
The AFD Board of Officers unanimously voted for the promotion of the above-named individual
at their last meeting.
The AFD is asking for Council authorization for the promotion to Probationary Paid-On-Call
Firefighter.
If approved by Council, the new Probationary Paid-On-Call Firefighter will be promoted on
Thursday, May 18th, at the Albertville Fire Department.
The new Probationary Paid-On-Call Firefighter will serve a probationary period for a minimum
of 12-consecutive months or as deemed necessary by the Fire Chief and/or Board of Officers.
KEY ISSUES:
• The AFD has an opening in the Paid-On-Call membership.
• One member has successfully completed the minimum requirements for promotion from
Reserve Firefighter to Probationary Paid-On-Call Firefighter.
Agenda Page 10
Mayor and Council Request for Action – May 15, 2023
Consent - Fire – Promotion of Probationary Paid-On-Call Firefighter Page 2 of 2
• The AFD Board of Officers unanimously voted for the promotion.
• If approved by Council, the member will be promoted on Thursday, May 18th, at the
Albertville Fire Department.
FINANCIAL CONSIDERATIONS: The costs associated with the promotion are part of the
annual Fire Department Operating budget.
LEGAL ISSUES: The City Council has the authority to establish new positions and hire
personnel.
Responsible Person: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator - PWD
Agenda Page 11
Mayor and Council Request for Action
May 15, 2023
SUBJECT: CONSENT – CLERK – SPECIAL EVENT PERMIT FYCC DUELING
PIANOS EVENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve a Special Event Permit for the Family Youth Community Connections
(FYCC) to hold their Dueling Pianos event on June 16, 2023 from 6 pm to 10 pm in Central Park.
BACKGROUND: FYCC submitted a special event permit application for their Dueling Piano
event to be held on Friday, June 16, 2023, from 6 pm to 10 pm at the Central Park Depot. This
event is the annual fundraiser for the Family Youth Community Connection.
KEY ISSUES:
•The event will be held outdoors at the Central Park Depot.
•The event will be held on Friday, June 16, 2023, from 6 pm and 10 pm.
•Alcohol and snacks will be provided by Tavern at Green Haven. The event will be
confined within a controlled area.
•The event will have live music sponsored by Dueling Duo playing from 6 pm to 10 pm.
•FYCC has contacted the Wright County Sheriff’s Department requesting an officer be
present at the event.
•Guests will be asked to park in the ball field parking lot as there are no ball games
scheduled for the evening.
•Estimated attendance will be approximately 160 to 250 people.
•FYCC has provided the City with a certificate of liability insurance for the event.
•Outdoor special events shall only occur between April 1 to November 1 of each year.
POLICY/PRACTICES CONSIDERATIONS: Special events permits are subject to the
approval of the City Council.
LEGAL CONSIDERATIONS: The applicant shall comply with the regulations for outdoor
liquor sales.
Responsible Person: Kris Luedke, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
•The special event permit application is on file in the City Clerk’s Office
Agenda Page 12
Mayor and Council Request for Action
May 15, 2023
SUBJECT: CONSENT – CLERK – APPROVE COMMUNITY FESTIVAL PERMIT
APPLICATION FOR NEIGHBOR’S EATERY AND SALOON
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
passing the following:
MOTION TO: Approve a Community Festival Permit Application for Neighbors Eatery and
Saloon located at 5772 Main Avenue NE for Thursday, June 8 through Sunday, June 11, 2023.
BACKGROUND: The 2023 Albertville Friendly City Days festival will be held Wednesday,
June 7 through Sunday, June 11, 2023. Neighbors Eatery and Saloon has applied for a
community festival permit for the event in order to expand their patio into their parking lot
during the event.
Minn. Stat. 340A.404 subd. 4(b) authorizes the governing body of a municipality to authorize a
holder of an on-sale intoxicating liquor license issued to dispense intoxicating liquor off
premises at a community festival held within the City. The authorization shall specify the area in
which the intoxicating liquor must be dispensed and consumed, and shall not be issued unless the
licensee shows that it has liability insurance as prescribed by Minn. Stat. 340A.409 to cover the
event.
KEY ISSUES:
• Neighbors Eatery and Saloon has submitted a Community Festival Permit for Thursday,
June 8 through Sunday, June 11, 2023 during the 2023 Albertville Friendly City Days
Festival.
• Neighbors has submitted a map of the proposed permit area as to where the alcohol will
be serviced and consumed. The proposed area includes part of their parking lot. The area
will be fenced in with controlled entrances and must follow requirements set forth by the
Albertville Fire Chief.
• Neighbors has submitted the required insurance liability certificate for their Community
Festival Permit.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to approve or deny requests for community festival permits applications.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment:
• Neighbor’s Community Festival Permit Application is on file in the City Clerk’s office
Agenda Page 13
Mayor and Council Request for Action
May 15, 2023
SUBJECT: CONSENT – CLERK – APPROVE SPECIAL EVENT PERMIT FOR KONZ
CROSSING GRAND OPENING CELEBRATION
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve a Special Event Permit for Konz Crossing located at 5703 Lachman Ave
NE to hold their Grand Opening Celebration on June 9, 2023, from 1 pm to 5 pm.
BACKGROUND: Konz Crossing submitted a special event permit application for their Grand
Opening Event “Roots of Albertville Block Party” event. Their special event will be held on
Friday, June 9 from 1 pm to 5 pm at their business located at 5703 Lachman Ave NE,
Albertville. The special event will feature events in their parking lot (games and bounce house)
and an open house for the new businesses. Konz Crossing is partnering with the STMA Rotary
who has applied for an on-sale temporary liquor license for the event.
KEY ISSUES:
•The Grand Opening event will be held at Konz Crossing at 5703 Lachman Ave NE on
Friday, June 9, 2023.
•Alcohol service will be provided under a temporary liquor license obtained by the
nonprofit, STMA Rotary.
•The area will be controlled and must follow the requirements set forth by the Albertville
Fire Chief.
•The applicant has submitted a site plan showing the location of the outdoor events.
POLICY/PRACTICES CONSIDERATIONS: Special events permits are subject to the
approval of the City Council.
LEGAL CONSIDERATIONS: The applicant shall comply with the regulations for a special
event permit and outdoor liquor sales.
Responsible Person: Kris Luedke, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
•The Konz Crossing special event permit application is on file in the City Clerk’s Office
Agenda Page 14
Mayor and Council Request for Action
May 15, 2023
SUBJECT: CONSENT – CLERK – APPROVE AN ON-SALE TEMPORARY LIQUOR
LICENSE APPLICATION FOR STMA ROTARY
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Approve an On-Sale Temporary Liquor License for STMA Rotary for June 9,
2023, for the Konz Crossing Special Event located at 5703 Lachman Ave NE contingent upon
receipt of the temporary liquor license fee.
BACKGROUND: The STMA Rotary has applied for an on-sale temporary liquor license for the
Konz Crossing Grand Opening Celebration located at 5703 Lachman Ave NE, Albertville.
KEY ISSUES:
• STMA Rotary has applied for a temporary liquor license for alcohol service.
• The organization is requesting to serve during the Konz Crossing Grand Opening Event
on June 9, 2023.
• The City has received the appropriate liquor liability coverage for the event.
• A $100 fee is required for a temporary liquor license.
FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the
applicant for the liquor licensing.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and
approve or deny any liquor license.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments:
• Temporary Liquor License application is on file in the City Clerk’s Office.
Agenda Page 15
Mayor and Council Request for Action
May 15, 2023
SUBJECT: CONSENT – FIRE – ADOPT WRIGHT COUNTY ALL-HAZARD
MITIGATION PLAN
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
MOTION TO: Adopt Resolution No. 2023-23 adopting the Wright County All-Hazard
Mitigation Plan.
BACKGROUND: The All-Hazard Mitigation Plan is a requirement of the Federal Disaster
Mitigation Act of 2000 (DMA 2000). The development of a local government plan is required in
order to maintain eligibility for certain federal disaster assistance and hazard mitigation funding
programs. In order for communities to be eligible for future mitigation funds, they must adopt an
All-Hazard Mitigation Plan.
This All-Hazard Mitigation Plan represents the efforts of local agencies in Wright County to
fulfill the responsibility for hazard mitigation planning. The intent of the plan is to reduce the
actual threat of specific hazards by limiting the impact of damages and losses. The Wright
County All-Hazard Mitigation Plan was recently updated in 2023.
Staff believes the City of Albertville should formally adopt the All-Hazard Mitigation Plan and
recommends approval of the Wright County All-Hazard Mitigation Plan.
KEY ISSUES: The benefits of hazard mitigation planning include the following:
• Saving lives, protecting the health of the public, and reducing injuries
• Preventing or reducing property damage
• Reducing economic losses
• Minimizing social dislocation and stress
• Reducing agricultural losses
• Maintaining critical facilities in functioning order
• Protecting infrastructure from damage
• Protecting mental health
• Reducing legal liability of government and public officials
POLICY/PRACTICES CONSIDERATIONS: The City has the authority to approval and
adopt policies.
Responsible Person: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Resolution No. 2023-023
• Wright County Plan on File in Clerk’s Office
Agenda Page 16
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023-23
RESOLUTION ADOPTING THE WRIGHT COUNTY ALL-HAZARD
MITIGATION PLAN
WHEREAS, the City of Albertville has participated in the hazard mitigation planning
process as established under the Disaster Mitigation Act of 2000; and
WHEREAS, the Act establishes a framework for the development of a multi-
jurisdictional County Hazard Mitigation Plan; and
WHEREAS, the Act as part of the planning process requires public involvement and
local coordination among neighboring local units of government and businesses; and
WHEREAS, the Wright County Plan includes a risk assessment including past hazards,
hazards that threaten the County, an estimate of structures at risk, a general description of land
uses and development trends; and
WHEREAS, the Wright County Plan includes a mitigation strategy including goals and
objectives and an action plan identifying specific mitigation projects and costs; and
WHEREAS, the Wright County Plan includes a maintenance or implementation process
including plan updates, integration of the plan into other planning documents and how Wright
County will maintain public participation and coordination; and
WHEREAS, the Plan has been shared with the Minnesota Division of Homeland
Security and Emergency Management and the Federal Emergency Management Agency for
review and comment; and
WHEREAS, the Wright County All-Hazard Mitigation Plan will make the county and
participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and
WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning
process may choose to also adopt the County Plan.
NOW THEREFORE BE IT RESOLVED that the City of Albertville supports the
hazard mitigation planning effort and wishes to adopt the Wright County All-Hazard Mitigation
Plan.
Adopted by the City Council of the City of Albertville this 15th day of May 2023.
_________________________________
Jillian Hendrickson, Mayor
ATTEST:
__________________________
Kristine A. Luedke, City Clerk
Agenda Page 17
Mayor and Council Request for Action
May 15, 2023
SUBJECT: FINANCE – ISSUANCE AND SALE OF 2023A GENERAL OBLIGATION
DISPOSAL SYSTEM BOND
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2023-24 providing for the issuance and sale of $9,855,000
General Obligation Disposal System Bonds, Series 2023A, providing for the Issuance and
Levying a tax for the Payment thereof.
BACKGROUND: Ms. Tammy Omdal, Northland Securities, the City’s Financial Consulting
firm was present at the April 3 City Council meeting. She reported the General Obligation Bonds
would be used to finance the Waste Water Treat facility improvements and the sale of the bonds
would be approximately $9,855,000. Ms. Omdal said the public bid would be held on the
morning of May 15, 2023, and she would be in attendance at the May 15 Council meeting to
present the bids.
KEY ISSUES:
•General Obligation Bonds would be used to finance the new Waste Water Treatment
facility improvements.
•The public bid for the sale of the bonds will be held the morning of May 15, 2023.
•Ms. Omdal will be in attendance to present the bid information.
POLICY CONSIDERATIONS: It is the City’s policy to review and approve the sale and
issuance of bonds.
FINANCIAL CONSIDERATIONS: The bonds will be funded by SAC fees along with debt
levy over the 25-year life of the issuance.
LEGAL CONSIDERATIONS: The Mayor and Council have the statutory authority to issue
bonds pursuant to the bond indentures.
Responsible Person: Finance, Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator
Attachments:
•Resolution No. 2023-24
Agenda Page 18
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF ALBERTVILLE, MINNESOTA
HELD: MAY 15, 2023
Pursuant to due call and notice thereof, a regular or special meeting of the City Council
of the City of Albertville, Wright County, Minnesota, was duly held at the City Hall on May 15,
2023, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of
$9,855,000 General Obligation Disposal System Bonds, Series 2023A.
The following members were present:
and the following were absent:
Member ________________ introduced the following resolution and moved its adoption:
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2023-24
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$9,855,000 GENERAL OBLIGATION DISPOSAL SYSTEM BONDS, SERIES 2023A,
PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT
THEREOF
A. WHEREAS, the City of Albertville, Minnesota (the "City") has heretofore
determined and declared that it is necessary and expedient to issue a $9,855,000 General
Obligation Disposal System Bonds, Series 2023A (the "Bonds"), pursuant to Minnesota Statutes,
Chapters 475 and Section 115.46, to finance improvements to the City’s disposal system (the
"Improvements"); and
B. WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis,
Minnesota ("Northland"), as its independent municipal advisor for the sale of the Bonds and was
therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been
solicited by Northland; and
C. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the Finance Director, or designee, at the offices of Northland at 10:30 A.M. this same day
pursuant to the Notice of Sale established for the Bonds; and
D. WHEREAS, it is in the best interests of the City that the Bonds be issued in
book-entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Albertville, Minnesota, as follows:
Agenda Page 19
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 2
1. Acceptance of Proposal. The proposal of _____________________________
_______________________ (the "Purchaser"), to purchase the Bonds in accordance with the
Notice of Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of
$______________, plus interest accrued to settlement, is hereby found, determined and declared
to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby
awarded to the Purchaser.
2. Bond Terms.
(a)Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds
shall be dated June 13, 2023, as the date of original issue, be issued forthwith on or after such
date in fully registered form, be numbered from R-1 upward in the denomination of $5,000 each
or in any integral multiple thereof of a single maturity (the "Authorized Denominations"), and
shall mature on February 1 in the years and amounts as follows:
Year Amount Year Amount
2025 $ 2038 $
2026 2039
2027 2040
2028 2041
2029 2042
2030 2043
2031 2044
2032 2045
2033 2046
2034 2047
2035 2048
2036 2049
2037
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b)Book Entry Only System. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
(i)The Bonds shall be initially issued and, so long as they remain in book entry form
only (the "Book Entry Only Period"), shall at all times be in the form of a separate
single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized
Denominations for any Bond shall be deemed to be limited during the Book Entry
Only Period to the outstanding principal amount of that Bond.
Agenda Page 20
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 3
(ii)Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of
CEDE & CO, as the nominee (it or any nominee of the existing or a successor
Depository, the "Nominee").
(iii)With respect to the Bonds neither the City nor the Bond Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds
shown on the books and records of the Participant (the "Beneficial Owner").
Without limiting the immediately preceding sentence, neither the City, nor the
Bond Registrar, shall have any such responsibility or obligation with respect to
(A) the accuracy of the records of the Depository, the Nominee or any Participant
with respect to any ownership interest in the Bonds, or (B) the delivery to any
Participant, any Owner or any other person, other than the Depository, of any
notice with respect to the Bonds, including any notice of redemption, or (C) the
payment to any Participant, any Beneficial Owner or any other person, other than
the Depository, of any amount with respect to the principal of or premium, if any,
or interest on the Bonds, or (D) the consent given or other action taken by the
Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may,
however, rely upon an omnibus proxy under which the Depository assigns its
consenting or voting rights to certain Participants to whose accounts the Bonds
are credited on the record date identified in a listing attached to the omnibus
proxy.
(iv)The City and the Bond Registrar may treat as and deem the Depository to be the
absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of
obtaining any consent or other action to be taken by Holders for the purpose of
registering transfers with respect to such Bonds, and for all purpose whatsoever.
The Bond Registrar, as paying agent hereunder, shall pay all principal of and
premium, if any, and interest on the Bonds only to the Holder or the Holders of
the Bonds as shown on the bond register, and all such payments shall be valid and
effective to fully satisfy and discharge the City's obligations with respect to the
principal of and premium, if any, and interest on the Bonds to the extent of the
sum or sums so paid.
(v)Upon delivery by the Depository to the Bond Registrar of written notice to the
effect that the Depository has determined to substitute a new Nominee in place of
the existing Nominee, and subject to the transfer provisions in paragraph 10,
references to the Nominee hereunder shall refer to such new Nominee.
(vi)So long as any Bond is registered in the name of a Nominee, all payments with
respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the
Agenda Page 21
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 4
Bond Registrar or City, as the case may be, to the Depository as provided in the
Letter of Representations to the Depository required by the Depository as a
condition to its acting as book-entry Depository for the Bonds (said Letter of
Representations, together with any replacement thereof or amendment or
substitute thereto, including any standard procedures or policies referenced
therein or applicable thereto respecting the procedures and other matters relating
to the Depository's role as book-entry Depository for the Bonds, collectively
hereinafter referred to as the "Letter of Representations").
(vii)All transfers of beneficial ownership interests in each Bond issued in book-entry
form shall be limited in principal amount to Authorized Denominations and shall
be effected by procedures by the Depository with the Participants for recording
and transferring the ownership of beneficial interests in such Bonds.
(viii)In connection with any notice or other communication to be provided to the
Holders pursuant to this Resolution by the City or Bond Registrar with respect to
any consent or other action to be taken by Holders, the Depository shall consider
the date of receipt of notice requesting such consent or other action as the record
date for such consent or other action; provided, that the City or the Bond Registrar
may establish a special record date for such consent or other action. The City or
the Bond Registrar shall, to the extent possible, give the Depository notice of such
special record date not less than 15 calendar days in advance of such special
record date to the extent possible.
(ix)Any successor Bond Registrar in its written acceptance of its duties under this
Resolution and any paying agency/bond registrar agreement, shall agree to take
any actions necessary from time to time to comply with the requirements of the
Letter of Representations.
(c)Termination of Book-Entry Only System. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i)The Depository may determine to discontinue providing its services with respect
to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate
the services of the Depository with respect to the Bond if it determines that the
Depository is no longer able to carry out its functions as securities depository or
the continuation of the system of book-entry transfers through the Depository is
not in the best interests of the City or the Beneficial Owners.
(ii)Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the
City, is willing and able to assume such functions upon reasonable or customary
terms, or if the City determines that it is in the best interests of the City or the
Beneficial Owners of the Bond that the Beneficial Owners be able to obtain
certificates for the Bonds, the Bonds shall no longer be registered as being
Agenda Page 22
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 5
registered in the bond register in the name of the Nominee, but may be registered
in whatever name or names the Holder of the Bonds shall designate at that time,
in accordance with paragraph 10. To the extent that the Beneficial Owners are
designated as the transferee by the Holders, in accordance with paragraph 10, the
Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10.
(d)Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose. The Bonds shall provide funds to finance the Improvements. The total
cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes,
Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the
Improvements shall proceed with due diligence to completion. The City covenants that it shall do
all things and perform all acts required of it to assure that work on the Improvements proceeds
with due diligence to completion and that any and all permits and studies required under law for
the Improvements are obtained.
4.Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2024,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity Year Interest Rate Maturity Year Interest Rate
2025 $ 2038 $
2026 2039
2027 2040
2028 2041
2029 2042
2030 2043
2031 2044
2032 2045
2033 2046
2034 2047
2035 2048
2036 2049
2037
5. Redemption. All Bonds maturing February 1, 2032, and thereafter, shall be
subject to redemption and prepayment at the option of the City on February 1, 2031, and on any
date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of
the Bonds subject to prepayment. If redemption is in part, the maturities and the principal
amounts within each maturity to be redeemed shall be determined by the City; and if only part of
Agenda Page 23
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 6
the Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to
the date fixed for redemption.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Bond of a denomination of more than
$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by such Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Registrar. Northland Trust Services, Inc., in Minneapolis, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
Agenda Page 24
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 7
UNITED STATES OF AMERICA
STATE OF MINNESOTA
WRIGHT COUNTY
CITY OF ALBERTVILLE
MINNESOTA CREDIT ENHANCEMENT PROGRAM
R-_ $_________
GENERAL OBLIGATION DISPOSAL SYSTEM BOND, SERIES 2023A
Interest Rate Maturity Date Date of Original Issue CUSIP
____% February 1, 20__ June 13, 2023
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: _____________________________________ DOLLARS
THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA (the "Issuer"),
certifies that it is indebted and for value received promises to pay to the registered owner
specified above, or registered assigns, unless called for earlier redemption, in the manner
hereinafter set forth, the principal amount specified above, on the maturity date specified above,
and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an
"Interest Payment Date"), commencing February 1, 2024, at the rate per annum specified above
(calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is
paid or has been provided for. This Bond will bear interest from the most recent Interest Payment
Date to which interest has been paid or, if no interest has been paid, from the date of original
issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation
and surrender hereof at the office of Northland Trust Services Inc., in Minneapolis, Minnesota
(the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by
the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft
mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on
the registration books of the Issuer maintained by the Bond Registrar and at the address
appearing thereon at the close of business on the fifteenth day of the calendar month next
preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely
paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record
Date, and shall be payable to the person who is the Holder hereof at the close of business on a
date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date shall be given
to Bondholders not less than ten days prior to the Special Record Date. The principal of and
premium, if any, and interest on this Bond are payable in lawful money of the United States of
America. So long as this Bond is registered in the name of the Depository or its Nominee as
provided in the Resolution hereinafter described, and as those terms are defined therein, payment
of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be
made as provided in the Letter of Representations, as defined in the Resolution, and surrender of
this Bond shall not be required for payment of the redemption price upon a partial redemption of
Agenda Page 25
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 8
this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds
may only be registered in the name of the Depository or its Nominee.
Optional Redemption. The Bonds of this issue (the "Bonds") maturing February 1, 2032,
and thereafter, are subject to redemption and prepayment at the option of the Issuer on
February 1, 2031, and on any date thereafter at a price of par plus accrued interest. Redemption
may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the
maturities and the principal amounts within each maturity to be redeemed shall be determined by
the Issuer; and if only part of the Bonds having a common maturity date are called for
prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar.
Bonds or portions thereof called for redemption shall be due and payable on the redemption date,
and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of
redemption shall be given to the paying agent and to each affected registered holder of the Bonds
at least thirty (30) days prior to the date fixed for redemption.
Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed
in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying
the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the
addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear
interest on the specified redemption date, provided funds for their redemption have been duly
deposited.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption
of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new
Bond or Bonds of the same series having the same stated maturity and interest rate and of any
Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal
amount equal to and in exchange for the unredeemed portion of the principal of the Bond so
surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal
amount of $9,855,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, which Bond has been issued pursuant to
and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a
resolution adopted by the City Council of the Issuer on May 15, 2023 (the "Resolution"), for the
purpose of providing money to finance a disposal system or part thereof pursuant to Minnesota
Agenda Page 26
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 9
Statutes, Section 115.46 within the jurisdiction of the Issuer. This Bond is payable out of the
General Obligation Disposal System Bonds, Series 2023A Fund of the Issuer. This Bond
constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the same become due, the full faith
and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law, and that this
Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof
Agenda Page 27
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 10
and the date of its issuance and delivery to the original purchaser, does not exceed any
constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Albertville, Wright County, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures of its
Mayor and its City Administrator, the corporate seal of the Issuer having been intentionally
omitted as permitted by law.
Date of Registration:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
NORTHLAND TRUST SERVICES, INC.
Minneapolis, Minnesota
Bond Registrar
By:
Authorized Signature
Registrable by: NORTHLAND TRUST SERVICES,
INC.
Payable at: NORTHLAND TRUST SERVICES, INC.
CITY OF ALBERTVILLE,
WRIGHT COUNTY, MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
City Administrator
Agenda Page 28
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 11
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - ___________ as custodian for ______________
(Cust) (Minor)
under the _____________________ Uniform
(State)
Transfers to Minors Act
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________________________________ the within Bond
and does hereby irrevocably constitute and appoint _________________ attorney to transfer the
Bond on the books kept for the registration thereof, with full power of substitution in the
premises.
Dated:_____________________ ___________________________
Notice: The assignor's signature to this assignment must correspond with
the name as it appears upon the face of the within Bond in every
particular, without alteration or any change whatever.
Signature Guaranteed:
___________________________
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address: ________________________________________
________________________________________
________________________________________
(Include information for all joint owners if the Bond is held by joint account.)
Agenda Page 29
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 12
8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of
the City by the signatures of its Mayor and City Administrator and be sealed with the seal of the
City; provided, as permitted by law, both signatures may be photocopied facsimiles and the
corporate seal has been omitted. In the event of disability or resignation or other absence of
either officer, the Bonds may be signed by the manual or facsimile signature of the officer who
may act on behalf of the absent or disabled officer. In case either officer whose signature or
facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the
delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all
purposes, the same as if the officer had remained in office until delivery.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of
June 13, 2023. The Certificate of Authentication so executed on each Bond shall be conclusive
evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the office of
the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond
Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the
registration of transfers of Bonds entitled to be registered or transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
Agenda Page 30
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 13
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the Holder thereof or the Holder’s attorney duly authorized in writing
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates. The City Administrator is
hereby authorized to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
14. Delivery; Application of Proceeds. The Bonds when so prepared and executed
shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price,
and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. For the convenience and proper administration of the
moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to
the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund
to be designated the "General Obligation Disposal System Bonds, Series 2023A Fund" (the
Agenda Page 31
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 14
"Fund") to be administered and maintained by the Finance Director as a bookkeeping account
separate and apart from all other funds maintained in the official financial records of the City.
The Fund shall be maintained in the manner herein specified until all of the Bonds and the
interest thereon have been fully paid. There shall be maintained in the Fund the "Construction
Account" and "Debt Service Account":
(a) To the Construction Account there shall be credited the proceeds of the sale of the
Bonds, less capitalized interest. From the Construction Account there shall be paid all costs and
expenses of making the Improvements, including the cost of any construction contracts
heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota
Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose
except as otherwise provided by law; provided that the proceeds of the Bonds may also be used
to the extent necessary to pay interest on the Bonds due prior to the anticipated date of
commencement of the collection of taxes herein levied or covenanted to be levied; and provided
further that if upon completion of the Improvements there shall remain any unexpended balance
in the Construction Account, the balance shall be transferred to the Debt Service Account.
(b) Debt Service Account. There are hereby irrevocably appropriated and pledged to,
(i) collections of all taxes herein or hereafter levied for the payment of the Bond and interest
thereon; (ii) all funds remaining in the Construction Account after completion of the
Improvements and payment of the costs thereof; (iii) capitalized interest in the amount of
$______________ (together with interest earnings thereon and subject to such other adjustments
as are appropriate) to provide sufficient funds to pay interest due on the Bonds on or before
February 1, 2024 ; (iv) all investment earnings on funds held in the Debt Service Account; and
(v) any and all other moneys which are properly available and are appropriated by the governing
body of the City to the Debt Service Account. The Debt Service Account shall be used solely to
pay the principal and interest of the Bonds and any other general obligation bonds of the City
hereafter issued by the City and made payable from said account as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (1) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (2) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
this effect, any proceeds of the Bonds and any sums from time to time held in the Construction
Account or Debt Service Account (or any other City account which will be used to pay principal
or interest to become due on the bond payable therefrom) in excess of amounts which under then
applicable federal arbitrage regulations may be invested without regard to yield shall not be
invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage
regulations on such investments after taking into account any applicable "temporary periods" or
"minor portion" made available under the federal arbitrage regulations. Money in the Fund shall
not be invested in obligations or deposits issued by, guaranteed by or insured by the United
States or any agency or instrumentality thereof if and to the extent that such investment would
cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the
Internal Revenue Code of 1986, as amended (the "Code").
Agenda Page 32
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 15
16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and
interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct
annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of
other general property taxes in the City for the years and in the amounts as follows:
Levy Years Collection Years Amount
See attached Exhibit B
The tax levies are such that if collected in full they, together with other revenues herein
pledged for the payment of the Bonds, will produce at least five percent in excess of the amount
needed to meet when due the principal and interest payments on the Bonds. The tax levies shall
be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City
reserves the right and power to reduce the tax levies in the manner and to the extent permitted by
Minnesota Statutes, Section 475.61, Subdivision 3.
17. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other certificates payable therefrom, the deficiency shall be promptly paid out of any other
funds of the City which are available for such purpose, and such other funds may be reimbursed
with or without interest from the Debt Service Account when a sufficient balance is available
therein.
18.State Credit Enhancement Program. The City hereby ratifies and confirms its
covenants in the resolution duly adopted on April 3, 2023, obligating itself to notify the
Commissioner of Management and Budget of the State of Minnesota of a potential default in
payment of the Bonds and to use the provisions of Minnesota Statutes, Section 446A.086 to
guarantee the payment of principal and interest on the Bonds. The Mayor and City Finance
Director are hereby authorized and directed to enter into an agreement with the paying agent for
the Bonds or any department of the State of Minnesota required by the provisions of Minnesota
Statutes, Section 446A.086.
19.Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by depositing
with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full,
provided that notice of redemption thereof has been duly given. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a
Agenda Page 33
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 16
suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if
notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
20. Compliance With Reimbursement Bond Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a)Not later than sixty days after the date of payment of a Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will have made a written
declaration of the City's official intent (a "Declaration") which effectively (i) states the City's
reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out
of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the
property, project or program to which the Declaration relates and for which the Reimbursement
Expenditure is paid, or identifies a specific fund or account of the City and the general functional
purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the
"Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City
for the purpose of financing the Project; provided, however, that no such Declaration shall
necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined
in the Reimbursement Regulations to include engineering or architectural, surveying and soil
testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent
of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures
not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds.
(b)Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the
Reimbursement Regulations.
(c)The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the
issuance of the Bonds, and not later than 18 months after the later of (i) the date of the payment of
the Reimbursement Expenditure, or (ii) the date on which the Project to which the Reimbursement
Expenditure relates is first placed in service, but in no event more than three years after the date
of payment of the Reimbursement Expenditure.
(d)Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30
days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Agenda Page 34
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 17
Provided, however, that the City may take action contrary to any of the foregoing
covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating
in effect that such action will not impair the tax-exempt status of the Bonds.
21. Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to the Municipal Securities Rulemaking Board
(the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual
financial information and operating data in accordance with the Undertaking. The City reserves
the right to modify from time to time the terms of the Undertaking as provided therein.
(b) Provide or cause to be provided to the MSRB notice of the occurrence of certain
events with respect to the Bonds in not more than ten (10) business days after the occurrence of
the event, in accordance with the Undertaking.
(c) Provide or cause to be provided to the MSRB notice of a failure by the City to
provide the annual financial information with respect to the City described in the Undertaking, in
not more than ten (10) business days following such occurrence.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and City Administrator, or any other officer of the City authorized to act in
their place (the "Officers") are hereby authorized and directed to execute on behalf of the City
the Undertaking in substantially the form presented to the City Council subject to such
modifications thereof or additions thereto as are (i) consistent with the requirements under the
Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
21. Certificate of Registration. The City Administrator is hereby directed to file a
certified copy of this resolution with the County Auditor of Wright County, Minnesota, together
with such other information as the County Auditor shall require, and to obtain the County
Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register.
22. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
Agenda Page 35
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 18
23. Negative Covenant as to Use of Bond Proceeds and Improvements. The City
hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or
permit them to be used, or to enter into any deferred payment arrangements for the cost of the
Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the
meaning of Sections 103 and 141 through 150 of the Code.
24. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation
(i) requirements relating to temporary periods for investments, (ii) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment
earnings to the United States. The City expects to satisfy the twenty-four month exemption for
gross proceeds of the Bonds as provided in Section 1.148-7(e) of the Regulations. The Mayor
and/or the City Administrator, are hereby authorized and directed to make such elections as to
arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or
desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and
treated as, elections of the City.
25.Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds
as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
(a)the Bonds are issued after August 7, 1986;
(b)the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d)the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2023 will
not exceed $10,000,000;
(e)not more than $10,000,000 of obligations issued by the City during this calendar
year 2023 have been designated for purposes of Section 265(b)(3) of the Code; and
(f)the aggregate face amount of the Bonds does not exceed $10,000,000.
The City shall use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designation made by this paragraph.
26.Official Statement. The Official Statement relating to the Bonds prepared and
distributed by Northland is hereby approved and the officers of the City are authorized in
connection with the delivery of the Bonds to sign such certificates as may be necessary with
respect to the completeness and accuracy of the Official Statement.
Agenda Page 36
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 19
27. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
28. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________ and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
Agenda Page 37
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 20
STATE OF MINNESOTA
COUNTY OF WRIGHT
CITY OF ALBERTVILLE
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Albertville, Minnesota, DO HEREBY CERTIFY that I have compared the attached and
foregoing extract of minutes with the original thereof on file in my office, and that the same is a
full, true and complete transcript of the minutes of a meeting of the City Council duly called and
held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and
awarding the sale of $9,855,000 General Obligation Disposal System Bonds, Series 2023A.
WITNESS my hand on May 15, 2023.
_______________________________________
City Clerk
Agenda Page 38
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 21
EXHIBIT A
PROPOSALS
[To be supplied by Northland.]
Agenda Page 39
City of Albertville, MN
Resolution No. 2023-24
Meeting of May 15, 2023
Page 22
EXHIBIT B
Tax Levy Schedule
[To be supplied by Northland.]
Agenda Page 40
Mayor and Council Request for Action
May 15, 2023
SUBJECT: FINANCE – AUTHORIZING THE CITY OF ALBERTVILLE TO SUBMIT
TO RECEIVE GRANT FUNDS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2023-26 applying for a Grant from the Minnesota Public
Facilities Authority.
BACKGROUND: The City of Albertville received an appropriation from the 2020 Legislature
for the design and construction of wastewater infrastructure improvements related to nonnative
species control. The City Council approved resolution 2023-14 in the amount of $2,000,000.
Staff confirmed with the State of Minnesota that the grant is $2,500,000. In order to update the
documents for the State of Minnesota a replacement resolution accepting the $2,500,000 is
required.
POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve
entering into grant agreements.
FINANCIAL CONSIDERATIONS: City staff has confirmed with the State of Minnesota the
grant is for $2,500,000.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment:
•Resolution No. 2023-26
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023-26
A RESOLUTION ON APPLYING FOR A GRANT FROM THE MINNESOTA
PUBLIC FACILITIES AUTHORITY
WHEREAS the Minnesota Legislature appropriated $2,500,000 to the Minnesota Public
Facilities Authority (MPFA) under Laws of Minnesota 2020, 5th Special Session chapter 3,
article 1, section 22, subdivision 5 titled Albertville; Wastewater Treatment System Improvements
with the provisions: For a grant to the city of Albertville to design and construct wastewater
infrastructure improvements related to nonnative species control.; and
WHEREAS MPFA has sent notice that to receive this money, applicants must submit
required information before entering into a grant agreement (the “Grant Agreement”) with
MPFA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville,
Minnesota as follows:
1. The City of Albertville has the legal authority to apply for the grant;
2. The City of Albertville has the financial, technical, and managerial capacity to
ensure proper construction, operation and maintenance of the project for its design
life; and
3. The City of Albertville authorizes its Mayor and its City Clerk to execute the
Grant Agreement, by signature, on behalf of the city of Albertville.
Adopted by the City Council of the City of Albertville this 15th day of May 2023.
_________________________________
Jillian Hendrickson, Mayor
ATTEST:
__________________________
Kristine A. Luedke, City Clerk
Mayor and Council Request for Action
May 15, 2023
SUBJECT: PLANNING – CONSIDER A ZONING CODE AMENDMENT CREATING
CHAPTER 5200 PLANNED UNIT DEVELOPMENT DISTRICT SUMMARY
AND ADOPTION OF THE UPDATED ZONING MAP
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
MOTION TO:
• Adopt Ordinance No. 2023-05 approving an amendment to the Albertville Zoning Code
Create Chapter 5200 PUD-Planned Unit Development District summarizing the approved
PUD land uses and performance standards within past PUD approvals and approve
summary ordinance for publication.
• Adopt Ordinance No. 2023-06 adopting the updated Albertville Zoning Map dated April
2023.
BACKGROUND: Since the 1980s, the City of Albertville has approved 38 Planned Unit
Developments (PUDs). Through the PUDs, developers sought flexibility in lot size, setbacks, site
design, land use restrictions. In consideration of each of the PUDs, the City Councils determined
that the quality of the project warranted the request flexibility. With each PUD approval, the
zoning restrictions were memorized in a PUD/ development agreement between the developer
and City. These agreements were then recorded against the property with the County.
The proposed zoning text amendment is intended to consolidate each of the approved PUDs with
their zoning standards within the zoning code, to provide easy access and application to future
zoning questions, development interests, and residents living in these PUD neighborhoods.
KEY ISSUES:
• Since the 1980s, the City of Albertville has approved 38 Planned Unit Developments.
• Within each PUD, specific land use restrictions and performance standards were applied
to the specific development.
• The land use and performance standards are outlined in the PUD/development
agreements recorded against the property.
• Any new development or zoning inquiry requires Staff to research the past files and PUD
agreements to respond to property owners, residents or developers. This is very
inefficient.
• The proposed Code amendment establishes a summary of all the PUDs to date within
Chapter 5200 to allow for easy access and reference to a specific project.
• This is needed to aid future City Staff that may not have been involved with these PUDs
or are not familiar with the project files.
Agenda Page 41
Mayor and Council Request for Action – May 15, 2023
Planning – Zoning Code Amendment and Zoning Map Update Page 2 of 2
POLICY/PRACTICES CONSIDERATIONS: The proposed amendment is a summary of past
Council approvals; it does not alter the approved terms of the past PUDs. In accordance with
State Law, public notice was published, and a public hearing held by the Planning and Zoning
Commission. The Planning Commission recommended the City Council approve this
amendment to the City’s ordinance language.
FINANCIAL CONSIDERATIONS: The proposed amendment is intended to make the
approved PUD zoning standards more readily access to facilitate a more efficient review process.
This is intended to be a time/cost saving measure for the City.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City
Council have the authority to approve or deny these amendments.
Responsible Person: Planning/Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Planning Report dated May 4, 2023
• Ordinance No. 2023-05 Zoning Text Amendment
• Summary of Ordinance No. 2023-05
• Ordinance No. 2023-06 Zoning Map Amendment
• Updated Zoning Map dated April 2023
Agenda Page 42
NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________
415 0 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
5
MEMORANDUM:
TO: Adam Nafstad
FROM: Alan Brixius/Tara Kohl
DATE: May 4, 2023
RE: Albertville PUD District Summary
FILE NO: 163.05 22.07
BACKGROUND
City Staff has prepared a summary of all the Planned Unit Development (PUD) districts
that the City has approved over the years. The individual PUD districts are illustrated on
the updated zoning map. The summary is to identify the special conditions applied to
each of these PUD districts. The purpose of the summary is to memorialize these within
the zoning code so that future staff will not need to search through the files and / or
development contracts to apply the performance standard applicable to the individual
PUDs with each development application or zoning question.
This is a long document due to the number of PUD districts, all the performance
standards have been previously approved by the City.
Attachments.
Updated zoning map
Zoning text amendment – PUD Summary Ordinance.
Agenda Page 43
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2023-05
AN ORDINANCE CREATING ALBERTVILLE ZONING CHAPTER 5200, PUD-
PLANNED UNIT DEVELOPMENT ZONING DISTRICTS SUMMARY,
SUMMARIZING THE LAND USE AND PERFORMANCE STANDARDS FOR THE
APPROVED PLANNED UNIT DEVELOPMENT ZONING DISTRICTS WITHIN THE
CITY OF ALBERTVILLE
The City Council of the City of Albertville, Minnesota hereby ordains as follows:
Section 1. Chapter 5200 PUD Planned Unit Development District, Section of the
Albertville City Code is hereby amended and add the following text:
5200.1 PURPOSE: The summary is to memorialize the approved land uses and performance
standard for each Planned Unit Development Zoning District within the City of Albertville, for
easy reference and administration..
5200.2 Albertvillas 1st Addition, 2nd Addition, 3rd Addition
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
30 feet 10 feet 20 feet 25 feet 12,500 sq. feet 85 feet
PUD periphery: 35 feet
Wetland setback: 20 feet from ordinary high water mark
C. SPECIAL PUD CONDITIONS:
Lot area: 12,500 square feet
Lot width: 85 feet
5200.3 Albertvillas 4th Addition, 5th Addition, 6th Addition
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
30 feet 15 feet 20 feet 25 feet 15,000 sq. feet 90 feet
Agenda Page 44
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 2
PUD periphery: 35 feet
C. SPECIAL PUD CONDITIONS:
Lot width: 90 feet
5200.4 Albertville Medical Clinic
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the B-2 zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
35 feet 10 feet 20 feet 20 feet 10,000 sq. feet 100 feet
Building placement per development contract plan set dated 03/14/2006.
Principal building/structure height: Thirty five feet (35').
Maximum site coverage: Hard surface, including buildings, eighty percent (80%).
C. SPECIAL PUD CONDITIONS:
Cross-parking and access easement which will allow mutual cross-parking and access between
Lot 1, Block 1 in Said Plat and Lot 2, Block 1, Albertville Medical Building.
5200.5 Albertville Self-Storage
A. USES: Self storage per plan set dated 07/12/2022 with special PUD conditions outlined
below.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
30 feet 10 feet 20 feet 20 feet - 100 feet
1. Building A located on said Lot 1 as shown on the Plans and Specifications for AVA
Second Addition, as prepared by Landform dated 07/12/2022 may be set back no less
than 8 feet from the interior side yard property line.
2. All buildings on Lot 1, Block 1 shall be constructed in the locations shown on the Plans
and Specifications for AVA Second Addition, as prepared by Landform dated 07/12/2022
unless otherwise approved by motion of the City Council.
3. The Plat shall be consistent with the Plans and Specifications for AVA Second Addition,
as prepared by Landform dated 07/12/2022.
C. SPECIAL PUD CONDITIONS:
1. All leases for storage on said Lot 1 must prohibit the following:
Agenda Page 45
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 3
a. Prohibited Storage:
i. Explosives
ii. Hazardous materials
iii. Toxic materials
iv. Flammable materials such as fuels and accelerants
v. Materials that are subject to spoilage or deterioration.
b. Prohibited uses of the storage bays:
i. Residential living
ii. Housing of animals
iii. Conducting a business
iv. Manufacturing or assembly of products.
5200.6 Cedar Creek Golf Course
A. USES: Golf course per plan set dated 11/17/1997 and per the Cedar Creek Golf Course
Planned Unit Development Concept Plan Master Agreement recorded as document number
653050 at the Wright County Recorder’s Office, Wright County, Minnesota.
B. LOT REQUIREMENTS AND SETBACKS:
C. SPECIAL PUD CONDITIONS:
Per plans dated 11/17/1997 and per the Cedar Creek Golf Course Planned Unit Development
Concept Plan Master Agreement recorded as document number 653050 at the Wright County
Recorder’s Office, Wright County, Minnesota.
5200.7 Cedar Creek North 1st Addition, 2nd Addition, 3rd Addition
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
30 feet 10 feet 20 feet 25 feet 15,000 sq. feet 80 feet
C. SPECIAL PUD CONDITIONS:
Lot width: 80 feet
Maximum 25% lot coverage
Maximum building height: 35 feet
5200.8 Cedar Creek South 1st Addition - 5th Addition
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
Agenda Page 46
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 4
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
30 feet 10 feet 20 feet 25 feet 12,500 sq. feet 80 feet
C. SPECIAL PUD CONDITIONS:
Lot area: 12,500 square feet
Lot width: 80 feet
Maximum 25% lot coverage
5200.9 Cedar Creek South 6th Addition
A. USES: All detached townhomes plan set dated 10/05/2000.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
20 feet 6 feet - 15 feet 5,000 sq.
feet/unit -
Minimum setback from CSAH 18: 35 feet
22 feet from internal private streets
20 feet from other parcel boundary lines
Building separation: 12 feet
C. SPECIAL PUD CONDITIONS:
Building placement per plans dated 10/05/2000.
5200.10 Cedar Creek South 7th Addition
A. USES: All detached townhomes plan set dated 07/30/2001.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
- - - - 5,000 sq.
feet/unit -
Building separation: 9 feet
25 feet setback from internal private street
10 feet setback adjacent to golf course
C. SPECIAL PUD CONDITIONS:
Agenda Page 47
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 5
Building placement per plans dated 07/30/2001 and revised 09/07/2001.
Detached accessory buildings prohibited.
5200.11 Center Oaks
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
C. SPECIAL PUD CONDITIONS:
Lot area: 12,500 square feet
Lot width: 75 feet
5200.12 Center Oaks 2nd Addition
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
30 feet 10 feet 20 feet 25 feet 12,500 feet 80 feet
C. SPECIAL PUD CONDITIONS:
Lot area: 12,500 square feet
Lot width: 80 feet
5200.13 Center Oaks 3rd Addition & 4th Addition
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
30 feet 10 feet 20 feet 25 feet 15,000 sq. feet 75 feet
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
30 feet 10 feet 20 feet 25 feet 12,500 sq. feet 75 feet
Agenda Page 48
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 6
C. SPECIAL PUD CONDITIONS:
Lot width: 75 feet
5200.14 Federated Co-ops
A. USES: All permitted conditional and accessory uses allowed within the B-3 Zoning District.
Any change of use from existing conditions shall be processed through the appropriate
development applications called for by the Albertville Zoning Ordinance.
Farm supply sales and associated storage including fertilizer (dry and liquid), animal feed, seed,
fuel and oil and related products per the approved site plan dated May 7, 2013.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
B-3 35 feet 20 feet* 20 feet* 20 feet* - 100 feet
*except not less than thirty five feet (35') when abutting an R district.
C. SPECIAL PUD CONDITIONS:
1. A zero lot line setback shall be allowed along north property lines of Blocks 1 and 2.
Along all other property lines, a minimum 10 foot structure setback shall be maintained.
2. The height of new buildings and building additions shall not exceed 35 feet in height.
3. The following PUD standards shall apply:
a. Any and all permitted conditional and accessory uses allowed within the B-3 Zoning
District shall meet the architectural standards of Section 4400.8 of the Albertville
Zoning Ordinance.
b. Proposed and expanded site structures must comply with building finish material
requirements of the B-3 District.
c. The color of new and expanded buildings shall match the color of the principal
building.
d. Off-street parking areas, related drive lanes and outdoor storage areas may be
surfaced in gravel.
4. Proposed fuel storage improvements/modifications shall meet all applicable requirements
of the Minnesota Pollution Control Agency and City Building and Fire Codes.
5. The above ground tank meets all building and fire code requirements per the Summit
evaluation report.
6. Alarm: Federated Co-Op / property owner will train their employees and have the direct
dial to the police station if the monitor ever shows an issue. The alarm will go off if the
tank gets hotter than 100 degrees.
7. Monitor: Federated Co-Op staff will allow the Fire Department to have access to their
tank monitoring software via a mobile app. This app, which is now in use by Federated
Co-Op, would allow the Fire Department to virtually “see” the tank levels and
Agenda Page 49
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 7
temperatures in each of the individual tanks. Access to this application would be limited
to the Fire Chief’s iPad and the Fire Department’s Engine 11 iPad.
8. Federated Co-Op employees, and their transport staff, will be trained in the use of the
aforementioned app and directed on when to call 9-1-1 should any tank show any level
or temperature issues.
9. Security: Federated Co-Op will bring in additional gravel in the low spots and will anchor
the fence in a manner that prevents trespass under the fence. The fence anchoring will be
subject to the approval of City Staff.
10. Safety training: Federated Co-Op will donate money for some additional joint training of
both the fire department and its employees in the establishment of an emergency
management plan for the site.
11. Site Lighting: Federated Co-Op will install dusk/dawn lighting in the loading area to
provide employees a safer loading environment. The dusk/dawn lighting will be a
deterrent to site entry from outsiders. Lighting will be 90 degree cutoff light fixtures
consistent with current requirements.
12. Federated Co-Op will install motion detectors on both gate areas that will activate
additional lighting to deter entry or tampering. Lighting will be consistent with current
City lighting requirements.
13. Electrical power will remain locked out during all non-business hours via a padlocked
breaker box. Federated Co-ops will explore pass code/key code power options to provide
additional protection.
14. Federated Co-Op will work with the Fire Department on finding a third party vendor to
construct an Emergency Action Plan for the facility allowing both Federated Co-Op staff
and the Fire Department to train under one, unified, plan. Federated Co-Op has indicated
they would be willing to make a monetary donation to fund this process. Federated Co-
Op shall bear the expense for the development of the Emergency Action plan specific to
the site. The Action plan shall be completed within 6 months of the PUD approval.
15. Federated Co-Op will remove one of 1000 gallon gasoline tanks from the property with
the installation of the 10,000 gallon gasoline storage tank.
16. Federated Co-Op will work with the Fire Department to secure extra firefighting foam to
be used solely for any incidents at the Federated Co-Op facility. Currently our foam
supply comes in 5-gallon buckets, and is stored at the Fire Department. The Fire
Department would be comfortable having 100 gallons of foam on hand for the Federated
Co-Op facility. Federated Co-Op has indicated they would be open to purchasing foam
for potential use at their facility.
17. The entire tank field shall be an interim use for the property and shall be removed from
the site if the property changes ownership. Subsequent, land owners may pursue and
PUD Amendment to retain the tank field subject to the tank field meeting all current
building, fire, and zoning codes in place at the time of change in ownership and
compliance with the conditions of this ordinance.
Agenda Page 50
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 8
18. With this zoning amendment Federated Co-Op shall be limited to not more than 7 liquid
fuel storage tank having a storage capacity greater than 10,000 gallons and 2 liquid fuel
storage tanks not to exceeding 1000 gallons storage capacity per the site plan approved
on August 19, 2019 located on parcel PID# 101-500-012-131. Any additional storage
tanks or site alterations for any of the Federated Co-Op holdings will require a separate
PUD amendment.
5200.15 Fehn Property
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the I-2 zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district, except for the
following, which shall be permitted notwithstanding the provisions of the I-2 district:
Two principal buildings shall be allowed on Lot 1, Block 1 of Said Plat, provided such buildings
are constructed in accordance with the Site Plan and the Building Plan set dated 12/23/2020
revised 03/15/2021. Setbacks for such buildings shall be as shown on the Site Plan dated
12/23/2020 revised 03/15/2021.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
30 feet 10 feet 20 feet 20 feet - 100 feet
All buildings on said Lot 1 shall be constructed in the locations shown on the Site Plan dated
12/23/2020 revised 03/15/2021 unless otherwise approved by motion of the City Council.
The minimum lot area within the I-2 District shall be determined by the criteria for parking,
loading, minimum yards and setback requirements and building coverage described for this
district.
Maximum site coverage: Hard surface, including buildings: Eighty five percent (85%).
Maximum building height shall not exceed forty five feet (45') except by conditional use permit.
C. SPECIAL PUD CONDITIONS:
1. Outdoor storage of aggregate, sand, and soils (but not soils contaminated with hazardous
substances) shall be permitted on Lot 2 of Said Plat, provided the following restrictions
are complied with:
Lot 2, Block 1 of Said Plat shall not be further subdivided while it is being used for
outdoor storage and crushing. If such Lot 2 is further subdivided, the outdoor storage
and crushing operations shall no longer be permitted.
The use of said Lot 1 must be used for office/construction equipment storage and
maintenance.
No stock piles shall be located within 400 feet of 1) the west property line, or 2) the
Barthel Industrial Drive right-of-way. Stock piles shall not exceed 30 feet in height.
Agenda Page 51
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 9
A dust control plan for the stock piles which plan must be approved in writing by the
City Engineer to prevent the creation of nuisance conditions.
On-site crushing of gravel, soil or concrete materials shall be limited to a two-week
period between the dates of May 15th to June 15th of each year and a two-week
period between the dates of October 15th to November 15th of each year. Applicant's
Crushing shall be limited to the hours of 7:00 AM to 7:00 PM, Monday through
Friday. Crushing on the weekend shall be prohibited. Crushing equipment shall be
located east and south of the stock piles to help mitigate noise and vibration for
properties to the west and north. Applicant shall implement reasonable directives of
the City Engineer to mitigate nuisance issues of noise, vibration and dust.
If vibration from Developer's crushing operations materially interferes with the
manufacturing processes of the property adjacent to and to the north of the Subject
Property, Developer agrees to work with the City to implement methods to mitigate
the vibration impacts on the adjoining property including but not limited to smaller
crushing equipment and increased setback from the north property line for crushing
operations.
2. The number of parking stalls in the locations and dimensions shown in the parking lots to
the west and south of the proposed office building located on said Lot 1 as shown on the
plan set dated 12/23/2020 revised 03/15/2021. In the event the City reasonably
determines that more parking is required for the proper operation of the use located on
Lot 1, the City may require, and developer shall construct, additional parking in an
amount required by the City in the location shown to the east of the proposed
shop/storage building located on said Lot 1 and the ten parking stalls shown to the west
of the parking lot located west of the Office Building as shown on the plan set dated
12/23/2020 revised 03/15/2021.
5200.16 Hunters Pass Estates
A. USES: Single Family dwellings, permitted accessory use allowed in the R-1A Residential
Low-Density Single Family zoning district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side
(Interior)
Side
(Corner) Rear Lot Area Lot Width
Variable
Not less
than 30
feet
5/10 feet 20 feet 30 feet
Variable 7,852 –
26,863 sq. feet
Average 13,837
sq. feet
**Variable
60 feet
measured at
the required
front setback
C. SPECIAL PUD CONDITIONS:
1. The Hunters Pass Estates lot sizes shall comply with the approved final plat.
2. The Hunters Pass Estates is an approved coved design. Lot width is measured at the
required front setback line. See the Hunters Pass Estates Phase 1 required front yard
setbacks summary.
Agenda Page 52
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 10
3. 5 foot side yard setback garage side / 10 foot side yard setback on the side for living
space.
4. The rear lot line shall be the southeast lot line for all flag lots. (Lots 8,9 Block 1 and Lots
13,14 Block 3)
5. No building, deck, or other structure may encroach into the required 30 foot wetland
setback.
6. No rear yard or side yard setback variances shall be approved.
5200.17 Hunters Pass Estates 2nd Addition
A. USES: Single Family dwellings, permitted accessory use allowed in the R-1A Residential
Low-Density Single Family zoning district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side
(Interior)
Side
(Corner) Rear Lot Area Lot Width
Variable
Not less
than 30
feet
5/10 feet N/A 30/10 feet
Variable
8,220-14,510 sq.
feet
Average 10,725
sq. feet
Variable
60 feet
measured at
the required
front setback
C. SPECIAL PUD CONDITIONS:
1. The Hunters Pass Estates 2nd Addition lot sizes shall comply with the approved final
plat.
2. The Hunters Pass Estates 2nd Addition is an approved coved design. Lot width is
measured at the required front setback line. See the Hunters Pass Estates 2nd Addition
Phase 2 required front yard setbacks summary.
3. 5 foot side yard setback garage side / 10 foot side yard setback on the side for living
space.
4. Rear setbacks for Block 1 lots are 30 feet, rear yard setbacks for Block 2 and 3, lots are
10 feet.
5200.18 Hunters Pass 3rd Addition
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side
(Interior)
Side
(Corner) Rear Lot Area Lot Width
30 feet 5/10 feet 20 feet 25 feet
Variable
8,728 – 16,027 sq.
feet
Average
11,989 sq. feet
Variable
60 feet
measured at the
required front
setback
Agenda Page 53
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 11
C. SPECIAL PUD CONDITIONS:
1. The Hunters Pass 3rd Addition lot sizes shall comply with the approved final plat.
2. The Hunters Pass 3rd Addition is an approved coved design. Lot width is measured at the
required front setback line.
3. 5 foot side yard setback garage side / 10 foot side yard setback on the side for living
space.
4. Rear setbacks for lots abutting Hunters Lake shall meet the required shoreland setback
from Ordinary High Water Level.
5. No building, deck, or other structure may encroach into the required 30 foot wetland
setback.
5200.19 Kingston Crossing
A. USES: The uses on Said Plat shall be restricted as follows:
1. The uses on Lot 1 of Said Plat shall be limited to 26 residential townhome units in the
configuration shown on the plan set dated 11/22/2021, including the construction and
operation of the playground and dog run areas and the parking lot shown on site plan
dated 11/22/2021.
2. Uses on Lot 2 of Said Plat shall be limited to a 74-unit residential apartment building
constructed substantially as shown on plan set dated 11/22/2021, along with a pool,
clubhouse and parking lot.
3. Uses on Lot 3 of Said Plat shall be limited to a 74-unit residential apartment building
constructed substantially as shown on the plan set dated 11/22/2021.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks on Lots 1, 2 and 3 shall be as shown on the plan set dated 11/22/2021.
C. SPECIAL PUD CONDITIONS:
Lots 1, 2 and 3 of Said Plat shall be subject to an easement agreement which shall include
provisions substantially accomplishing the following objectives:
1. Lots 1, 2 and 3 of Said Plat shall have full use of the private drive and parking areas on
Said Plat extending from 53rd Street to CSAH 19 as shown on the approved plans dated
11/22/2021 (collectively, "Private Drive"), including a shared cross-parking easement for
Lot 3 of Said Plat to use the parking lot to be built on Lot 2 of Said Plat. In addition, in
the event the City Council deems it necessary, Developer shall allow Lot 1 of Heuring
Meadows Commons to also use said Private Drive for ingress and egress, provided that
said access shall be made in the location shown on the approved site plan dated
11/21/2021. At such time as Lot 1 of Heuring Meadows Commons connects to the
Private Drive, said Lot 1 of Heuring Meadows Commons and the lots on Said Plat shall
share the costs of maintaining the Private Drive. The Private Drive shall be maintained by
the Developer in good repair at all times similar to the manner in which the City
maintains its residential streets.
2. At the time the final plat is recorded, unless such an agreement has already been recorded
and burdens the property in Said Plat, Developer shall record an easement agreement at
Agenda Page 54
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 12
the Wright County Recorder's Office that shall be binding upon Lots 1, 2 and 3 of Said
Plat. Such easement agreement shall meet the approval of the City Attorney and the City
Engineer, which approval shall not be unreasonably withheld, shall provide for access to
the Private Drive by Lot 1 of Heuring Meadows Commons at such time as may be
required by the City, and shall require the maintenance of said Private Drive in good
repair at all times similar to the manner in which the City maintains its residential streets.
Said Private Drive shall not be maintained by the City and shall remain a private road.
5200.20 Marketplace
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the B-3 zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses.
The uses on Lot 4, Block 1 shall be limited to a restaurant using at least 4,000 square feet of
enclosed building space, and other uses in the remainder of the building as are allowed under the
City’s B-3 zoning district.
If a motor fuel station (with or without a convenience store and car wash) is located on Said Plat,
it may only be located on Lot 2, Block 1 of Said Plat.
B. LOT REQUIREMENTS AND SETBACKS:
Building locations per Marketplace Planned Unit Development/Conditional Use Agreement
dated 08/07/2007.
C. SPECIAL PUD CONDITIONS:
Shared parking across Lots 1-4, Block 1.
5200.21 Outlets at Albertville (East & West)
A. USES: Uses limited to the special PUD conditions below.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks per approved plan sets dated:
Phase 1 06/30/1998
Phase 2 06/30/1998
Phase 3 09/26/2002 revised 10/17/2002
C. SPECIAL PUD CONDITIONS:
The following uses shall be allowed on all lots and outlots of the Outlets at Albertville and the
Outlets at Albertville Second Addition Plat:
1. Antique or gift shop.
2. Art and school supplies.
3. Auto accessory store.
4. Bakery goods and baking of goods for retail sales on the premises.
5. Bath and bedding sales.
Agenda Page 55
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 13
6. Books, office supplies or stationary stores.
7. Camera and photographic materials.
8. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks.
9. Carpet, rugs and tile.
10. Coin and philatelic stores.
11. Computers and computer accessories sales and service.
12. Convenience store without gasoline sales.
13. Costume, clothes rental.
14. Delicatessen.
15. Department and discount stores.
16. Drug store.
17. Florist shop.
18. Furniture stores.
19. Furriers when conducted only for retail trade on premises.
20. Garden supply stores.
21. Gift or novelty store.
22. Hobby store.
23. Household appliance sales and repair.
24. Jewelry stores.
25. Kitchenware sales.
26. Leather goods and luggage stores.
27. Paint and wallpaper sales.
28. Record-music shops.
29. Restaurants and on and off-sale liquor.
30. Sewing machine sales and service.
31. Shoe stores.
32. Sports and exercise equipment sales.
33. Wearing apparel and clothing stores.
34. Hospitality Businesses are permitted as an Interim Use within the Lot 1, Block 1, Outlets
of Albertville Second Addition Planned Unit Development with the following conditions:
a. Number: No more than two (2) Hospitality Businesses shall be located within Lot 1,
Block 1 Outlets of Albertville Second Addition.
b. Size: Individual Hospitality Businesses shall be limited to a maximum occupancy of
three hundred (300) people at a single event.
c. Hospitality Businesses shall obtain building permits and Certificate of Occupancy
for building modifications needed to change the building occupancy from retail to
assembly.
d. The siting of the Hospitality Business within the Outlets Promenade shall
demonstrate appropriate required parking and traffic patterns that do not interfere
with Outlet Mall operations or negatively impact surrounding land uses.
e. The term of the Hospitality Businesses interim use shall be limited to three (3) years
from the date of Certificate of Occupancy. Said use may be renewed upon request
of the applicant and approval of the City Council.
No overnight storage or display shall be allowed outside any building for any of the uses
listed above.
5200.22 Parkside Commercial Center
Agenda Page 56
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 14
A. USES: Uses outlined in special PUD conditions below.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
35 feet 10 feet 20 feet 20 feet 10,000 sq. feet 100 feet
Building placement per approved plans dated 03/15/2005.
C. SPECIAL PUD CONDITIONS:
Permitted uses:
1. The Animal Veterinary Clinics shall be allowed in all three buildings (#10904, #10900,
and #11004) and shall read as followings: Animal veterinary clinics (small animal) (with
no overnight care) (no pet boarding), as regulated by chapter 2300 of this ordinance.
2. The Government and Public-Related Office Uses shall be allowed in all three buildings
(#10904, #10900, and #11004).
3. The Service Business Uses (on-site services only) shall be allowed in all three buildings
and shall be limited to the approved (and excluded) list of onsite service businesses:
General Office, including the following:
a. Insurance Agency
b. Travel Agency
c. Accounting/Bookkeeping firms
d. Management companies
e. Bank/Credit Union/Depository institutions
f. Financial Planner
g. Investment Banker
h. Loan production office
i. Appraisal Firm
j. Title Insurance Company
k. Mortgage Loan Company
l. Small loan company
m. Realty Company/Agency
n. Real Estate development office
o. Architectural firm
p. Engineering firm
q. Laboratory/Research offices
r. Telemarketing
s. Collection Agency
Medical Use, including the following:
a. General practice physician
b. Dental practice
c. Medical specialty use
d. Eye care offices/with associated retail products
e. Orthodontist
Agenda Page 57
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 15
f. Chiropractic
g. Psychiatric/Family Counseling
h. Hearing aid examination with associated retail products
i. Other medical or dental related use as may be approved by City
Professional Service Use, including the following:
a. Hair & beauty salon (no nails only)
b. Student Learning Center
c. Physical Therapy
d. Physical Fitness (limited to 2,000 square foot maximum)
e. Occupational Therapy
Approved Service Businesses:
a. Copy/printing services
b. Event planning
c. Photographic studio
d. Appliance or electronic repair
e. Tailor
f. Travel agency or bureau
g. Advertising/consultants or agency
h. Personnel/Staffing service
i. Bail Bonds
j. Construction management offices
k. Business consultants
l. Computer/networking consultants
m. Payroll services
n. Credit counseling offices
o. Electrology/Skin care services
p. Transportation logistical services
q. Home inspection service
r. Private investigation service
s. Equipment leasing service
t. Massage therapy
u. Tax preparation service
v. Video tape/DVD duplication transfer service
Service Businesses EXCLUDED from approved uses:
a. Laundromat
b. Dry cleaners
c. Funeral home/mortuary
d. Banquet Hall
e. Conference center
f. Prosthetic device fabrication
g. Tattoo/body piercing establishment
h. Tanning salon
Agenda Page 58
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 16
4. Assembly Uses shall be subject to an Administrative Permit obtained prior to occupancy for
Buildings #10904 and #10900, provided the following conditions are met:
a. Leasehold occupancy only
b. Assembly use shall be accessory to a permitted office use
c. Assembly use floor area not to exceed 2,500 square feet for the entire Parkside
Commercial PUD, located at Lot 2, Block 1, Parkside Commercial Center;
d. No outdoor activities allowed; and
e. The assembly use shall not conflict with or result in a parking shortage within the
PUD site per Albertville’s parking requirements.
A definition of assembly use: An accessory use to an office business where people come
together, congregate or meet for the purpose of training, conducting business, education, or
counseling.
5200.23 Parkside 3rd Addition & 4th Addition
A. USES: Single family homes and permitted accessory uses, conditional uses, and interim uses
contained in the R-1 zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
30 feet 10 feet 20 feet 25 feet 12,500 sq. feet 90 feet
Maximum lot coverage: 25%
Maximum building height: 35 feet
Lots 6, 7, 8, Block 1, Parkside 4th Addition: may be 10 feet in front of setback line (may be at a
point where lot width is less than 90 feet) if side yard setbacks can be met.
Parkside 4th Addition- Three lot width variances: Lots 6, 7 and 8 of Block 1. Structure locations
on these lots must be placed at or behind the required front setback line which may be at a point
where the lots are less than 90 feet wide, provided that minimum side yard setbacks can be met.
Corner lot width: 100 feet
C. SPECIAL PUD CONDITIONS:
None.
5200.24 Particle Control
A. USES: Land uses shall be limited to all permitted, conditional, and accessory uses allowed
within the B-3 Zoning District. Any change of use from existing conditions shall be processed
through the appropriate development applications called for by the Albertville Zoning
Ordinance.
Industrial uses limited to industrial processing of dry food ingredients limited to milling,
blending, air classifying, screening, packaging, warehousing, and storage per the approved site
Agenda Page 59
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 17
plan received December 2010 and civil plans dated 07/12/2022 and architectural plans dated
07/11/2022 shall be allowed on the site.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
35 feet 20 feet* - 20 feet** - -
C. SPECIAL PUD CONDITIONS:
**Rear yard setback: 12.8 feet
*Side yard setback: 10 feet
All buildings shall not exceed 35 feet in height. This will limit the silo height to existing
standards.
Any and all permitted, conditional, and accessory uses allowed within the B-3 Zoning District
shall meet the architectural standards of Section 4400.8 of the Albertville Zoning Ordinance.
Industrial processing of dry food ingredients buildings may have a metal exterior finish provided
the color of any new building or structure matches the color and design of the principal building.
30 and 31.8-foot curb cut widths
5200.25 Prairie Run
A. USES: Single family dwellings and permitted accessory uses contained in the R-1 Residential
Single Family District.
B. LOT REQUIREMENTS AND SETBACKS:
LOTS 1-15 BLOCK 1 AND LOTS 1-13 BLOCK 2
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
20/25
feet 5/10 feet N/A 50/10
feet 10,000 sq. feet 65 feet
1. 20 foot front yard setback to the principal structure / 25 foot front yard setback to the
garage.
2. 5 foot side yard setback garage side / 10 foot side yard setback on the side for living
space.
3. 50 rear yard setback from County Road 18 / 10 foot setback from wetland boundary.
4. Lot area and width as approved with Prairie Run final plat.
LOTS 14-38 BLOCK 2
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
30 feet 10 feet 20 feet 50/10
feet
12,000/10,000
sq. feet 90 feet
Agenda Page 60
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 18
1. 12,000 sq. feet minimum gross lot area / 10,000 sq. feet net buildable lot area.
C. SPECIAL PUD CONDITIONS:
None.
5200.26 Preserves at Albertville
A. USES: The purpose of the PAA/PUD district is to provide for single-family detached
residential dwelling units and directly related complementary uses per approved PUD Final
Stage development plans and Final plat dated 07/21/2021.
The following are permitted uses in a PAA/PUD district:
1. Single-family detached dwelling units
2. Neighborhood common ownership clubhouse, pool, Private Park/playground/recreation
facilities.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side
(Corner) Rear Lot Area Lot Width
25 feet 5 feet 20 feet 25/50
feet* 6,000 sq. feet
Interior:
50 feet
Corner:
65 feet
*Rear setback for lots abutting 50th Street: 50 feet
Patios and decks shall meet the minimum building setbacks
Maximum building height: 35 feet
Maximum lot coverage: No structure or combination of structures or hard cover shall occupy
more than fifty-five percent (55%) of the lot area.
C. SPECIAL PUD CONDITIONS:
1. Prohibited uses:
a. Detached accessory buildings.
b. Fences except fences as part of the buffer yard along 50th Street.
c. Outdoor storage as addressed in Section 1000.15
2. The houses within the PAA/PUD District shall meet the following minimum design
standards.
a. House exterior finish materials match the home models approved with the Preserve at
Albertville planned unit development.
b. Minimum garage size shall 480 sq. ft.
c. Each slab on grade house shall provide for a storm protection room.
3. The sale of individual lots within the subdivision shall be prohibited unless the developer
first establishes a Common Interest Community (CIC) over all numbered lots within Said
Plat and over Outlots A, B, and E with rules and maintenance requirements which will be
Agenda Page 61
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 19
applied to each lot, the private street (Outlot B) and the common areas of the plat
(including Lot 21, Block 2, the clubhouse lot) and the ponds (Outlots A and E). The CIC
and all rules, bylaws and recording documents shall be subject to the review and approval
of the City Attorney prior to their recording. A change to allow individual lot ownership
shall require the Developer to apply for and receive an amendment to the PUD zoning to
ensure that issues related to outdoor storage, accessory structures etc. are addressed to the
satisfaction of the City. The City may record at the Wright County Recorder’s Office a
separate notice against all lots in Said Plat detailing the requirements of this paragraph
2.N.
4. The Developer shall provide storm protection acceptable to the City for each home that
does not have a basement.
5. Developer shall construct, operate and maintain a clubhouse and pool for the benefit of
the residents of Said Plat for so long as Said Plat contains single family homes.
Construction of Said clubhouse and pool shall be completed within one year of the date
of this Agreement.
6. The streets, sidewalks, curb, gutter and storm sewer systems shall remain privately
owned and privately maintained by the Developer in a manner similar to how the City
maintains its public streets and sidewalks abutting single family homes. Developer shall
maintain such roads, curb, gutter and sidewalk in a reasonably safe and passable manner
at all times. Developer shall prepare and keep updated a 5-year road, curb, gutter and
sidewalk maintenance plan and shall provide such plans to the City on request by the City
but at least once every five years if the City has not requested such plan within the prior
five years.
7. All lots shall have free access and use of the road and sidewalks located on Outlot B.
Neither developer nor any future owner of Outlot B shall unreasonably obstruct or
otherwise deny the use of the road or sidewalk to any resident living on any lot in Said
Plat.
5200.27 Shoppes at Prairie Run
A. USES: The uses on all lots of Said Plat shall be limited to uses that are permitted under the
City's B-2 zoning ordinance.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
35 feet 10 feet 20 feet 20 feet 10,000 sq. feet 100 feet
Lots shall be developed consistent with the site plan dated 10/04/2004 revised 12/14/2004.
C. SPECIAL PUD CONDITIONS:
Cross easement parking between Shoppes at Prairie Run 2 Lots 1, 2, 3 Block 1.
Agenda Page 62
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 20
5200.28 Shoppes at Towne Lakes One
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the B-2A zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
Uses on Lot 1 of Said Plat shall be limited to a restaurant permitted under the City’s B-2A
zoning ordinance.
Uses on Lot 5 of Said Plat shall be limited to a “sit-down” (non-fast food) restaurant otherwise
permitted under the City’s B-2A zoning ordinance. No other type of use on said lot shall be
allowed under this agreement without a modification to this agreement.
The use on Lot 6 shall be limited to a motel permitted under the City’s B-2A zoning ordinance.
No other type of use on said lot shall be allowed under this agreement without a modification to
this agreement.
Uses on Lots 2, 3, and 4 shall comply with the City’s B-2A zoning ordinance except where
flexibility from the provisions of such ordinance has been granted via this PUD.
B. LOT REQUIREMENTS AND SETBACKS:
All minimum building setbacks shall be as follows:
1. For Lot 2, a minimum building setback of 20 feet from West Lake Town Drive and
Linwood Drive right of ways shall apply.
2. For Lot 3, a minimum building setback of 25 feet from Wright County State Aid
Highway 19 shall apply, provided Developer constructs the building shown on the plan
set dated 10/06/2003 and revised 09/17/2004 in the configuration and of substantially the
same materials as shown.
3. For Lot 4, a minimum building setback of 20 feet from Langford Drive and all private
streets shall apply.
4. For Lot 5, a minimum building setback of 25 feet from the private street along the west
property line and 30 feet along the north property line shall apply.
5. For Lot 6, a minimum building setback of 29 feet, 4 inches from Langford Drive shall
apply for the main portion of the building, provided that an attached structure as shown
on the plan set dated 10/06/2003 and revised 09/17/2004, housing an indoor pool may be
constructed at a minimum building setback of 20 feet from the right of way of Langford
Drive.
6. For any of the lots on Said Plat, if a minimum setback along one of the private streets has
not been otherwise specified, such minimum setback shall be at least 20 feet.
C. SPECIAL PUD CONDITIONS:
A reduction of 24 parking stalls in combined parking on Lots 5 and 6 based on the building
square footages shown on the plan set dated 10/06/2003 and revised 09/17/2004 and based on the
use of Lot 5 as a sit down restaurant and Lot 6 as a motel is hereby approved.
For Lots 1, 2, 3 and 4, the combined parking requirements shall exceed those required in the B-
2A zoning district by a total of 7 parking spaces as shown on the plan set dated 10/06/2003 and
revised 09/17/2004.
Agenda Page 63
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 21
A conditional use is granted to allow impervious surfaces to exceed the 25% maximum allowed
under the City’s shoreland ordinance provided the property is developed in accordance with the
terms of this Ordinance, and provided that the following requirements are implemented as to all
development which occurs on Said Plat:
1. No building shall exceed 25 feet in height, except the building to be placed on Lot 6,
which shall not exceed 40 feet and 1 inch in height (as defined under the City’s zoning
ordinance). A variance is hereby granted from the height provision of the City’s
shoreland ordinance to allow the building to be constructed on Lot 6 to a height not to
exceed 40 feet and 1 inch.
2. The City may impose reasonable building requirements on any building not detailed on
the plan set dated 10/06/2003 and revised 09/17/2004 in an effort to reduce visibility of
the building from the public waters of adjacent shorelands by vegetation, topography, and
building color.
3. For each lot upon which impervious surface will exceed 50% of the lot area, all buildings
must be set back at least 300 feet from the ordinary high water mark of School Lake or
must implement and maintain rain gardens, depressions, storage and filtration systems in
a manner that reduces the storm water runoff for each such lot to a total volume that
would be achieved if the impervious surface lot coverage were less than 50% of the lot
area.
5200.29 Shoppes at Towne Lakes Two
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the B-2A zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
The uses on Lot 2, Block 1 of Said Plat shall be limited to a restaurant permitted under
the City’s B-2A zoning ordinance, subject to the following restrictions:
Developer agrees that the restaurant located on Lot 2, Block 1 of Said Plat shall be at
least 4,000 square feet in size;
The restaurant located on Lot 2, Block 1 shall be a free standing, single use building
(i.e. the building shall be occupied by no more than one use and one user at any given
time);
Lots 3 and 5, Block 1.
The use on Lot 3, Block 1 of Said Plat shall be limited to a restaurant permitted under
the City’s B-2A zoning ordinance, subject to the following restrictions:
Developer agrees that the restaurant located on Lot 3, Block 1 of Said Plat shall
be at least 8,000 square feet in size and shall be restricted to a “sit-down”
restaurant otherwise permitted in the City’s B-2A zoning district. For purposes of
this Agreement, a “sit-down” restaurant means a restaurant in which customers
seated at individual tables order and are served food by waiters and/or waitresses
and no more than a total of 15% of food sales are pick-up, delivery, and carry-out
orders which are eaten at off-premise locations. The building constructed on this
lot shall not be permitted to have a drive-up window where customers can order
or pickup food from their cars;
Agenda Page 64
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 22
The restaurant located on Lot 3, Block 1 of Said Plat may provide an outdoor
dining area in direct connection to the sales within said restaurant.
Restaurants located on Lot 3, Block 1 and Lot 2, Block 1 shall be free standing,
single use buildings (i.e. each building shall be occupied by no more than one use
at any given time)
The exact locations, configurations and building designs of restaurants located on
Lot 3, Block 1 and Lot 2, Block 1 are subject to approval by City Council.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side
(Corner) Rear Lot Area Lot Width
B-2A 35 feet 10 feet* 35 feet* 20 feet* 1 acre 150 feet
*Except not less than thirty five feet (35') when abutting an R district or adjacent to a public
street.
The B-2A zoning district minimum setbacks shall apply to all buildings in Said Plat, except as
follows:
Lot 1, Block 1 a minimum building setback of 20 feet from Linwood Drive and all
private streets shall apply
Lot 1, Block 1 a minimum building setback of 25 feet from County State Aid Highway
(“CSAH”) 19/Labeaux Ave. right of way shall apply
Lot 3, Block 1 a minimum building setback of 25 feet from CSAH 19/Labeaux Ave right
of way shall apply
Lot 4, Block 1 a minimum building setback of 20 feet from Linwood Drive NE and all
private streets shall apply
For any of the lots on Said Plat, if a minimum building setback along one of the private
streets has not been otherwise specified, each minimum setback shall be at least 20 feet
C. SPECIAL PUD CONDITIONS:
No outdoor displays shall be permitted on any property within said plat, outdoor dining is
allowed per City Code and shall not be considered an outdoor display.
5200.30 Towne Lakes 1st Addition & 2nd Addition
A. USES: Single family dwellings that are consistent with the zoning performance standards
shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
15-20 feet* 5-10 feet** 15/20
feet***
25
feet**** - -
Agenda Page 65
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 23
*Front setback to porch: 15 feet/Front setback to garage: 20 feet.
**Side yard setback interior: 10 feet from living space/garage may be 5 feet from property line
provided that there is 15 feet between structures on adjoining lot.
***Side yard setback corner to garage: 20 feet
****Rear setback to lakeshore: 50 feet
C. SPECIAL PUD CONDITIONS:
Lot area to match final plat.
Lot width to match final plat.
5200.31 Towne Lakes 3rd Addition
A. USES: Single family dwellings that are consistent with the zoning performance standards
shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
15-24
feet* 5-10 feet** 15/20 feet 25 feet - -
*Front yard setback to garage: 24 feet/ Front yard setback to porch: 15 feet
**Side yard setback to garage: 5 feet/10 feet living space/15 feet between dwellings
Garage recessed a minimum of 9 feet from front of house
Side yard setback corner garage: 20 feet
C. SPECIAL PUD CONDITIONS:
The Towne Lakes 3rd Addition shall be subject to the master homeowner’s association
established with the Towne Lakes 1st and 2nd Additions.
5200.32 Towne Lakes 4th Addition
A. USES: Townhomes per plan set approved (11/17/2003) that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side
(Between Buildings)
Side
(Corner) Rear Lot Area Lot Width
15/11
feet* 25 feet** 20 feet 25 feet*** - -
**Building separation: Units 22, 23, 27, 28 block 2 : 17 feet
**Building separation: Units 4, 5, 10, 11, block 1 : 20 feet
Agenda Page 66
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 24
***Rear setback to alley: 20 feet
***Rear setback to driveway off alley: 25 feet
*Front yard setback from private driveway: 15 feet to garage/11 feet to porch
C. SPECIAL PUD CONDITIONS:
The Towne Lakes 4th Addition shall be subject to the master homeowner’s association
established with the Towne Lakes 1st and 2nd Additions.
5200.33 Towne Lakes 5th Addition
A. USES: Single family dwelling uses that are consistent with the zoning performance
standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
15-24
feet* 5-10 feet** 15/24
feet*** 25 feet - -
*Front yard to garage: 24 feet/15 feet to porch
**Side yard to garage interior lot: 5 feet/10 feet dwelling/15 feet between houses
Garage recessed minimum of 9 feet from front of house
***Side yard to garage corner lot: 24 feet
C. SPECIAL PUD CONDITIONS:
The Towne Lakes 5th Addition shall be subject to the master homeowner’s association
established with the Towne Lakes 1st and 2nd Additions.
5200.34 Towne Lakes 6th Addition
A. USES: Townhomes per architectural plan set dated 06/01/2017 and site plan dated 06/02/2017.
Single Family dwellings, permitted accessory use allowed in the R-1A Residential Low-Density
Single Family zoning district on Lots 1-5, Block 2 Towne Lake 6th Addition.
B. LOT REQUIREMENTS AND SETBACKS:
LOTS 1-42 BLOCK 1. (Townhomes)
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
16/22
feet*
8 feet between
buildings 12/8 feet** N/A
Per the
approved final
plat
Per the
approved
final plat
*16 foot setback from public street, 22 foot setback from the private drive.
The townhomes shall maintain a minimum 8 foot setbacks between buildings.
**12 foot side yard setback from public streets, 8 foot setback from private streets.
Agenda Page 67
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 25
LOTS 1-5 BLOCK 2. (Single family homes)
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
15/24
feet* 5/10 feet** N/A 25 feet 9,357 sq. feet 65 feet
*15 foot front yard setback for porch or house, 24 foot setback between garage and the front lot
line.
**5 foot setback for garage and 10 foot setback for living space of the house, 15 feet between
homes on adjoining lots.
C. SPECIAL PUD CONDITIONS:
1. Townhome building designs and exterior finish per building plans date 06/01/2007.
2. Private streets shall be signed “no parking / fire lane”.
3. Townhome units shall have a minimum garage size of 440 sq. ft.
4. The Towne Lakes 6th Addition shall be subject to the master homeowner’s association
established with the Towne Lakes 1st and 2nd Additions.
5200.35 Towne Lakes 7th Addition
A. USES: All single family dwellings that are consistent with the zoning performance standards
shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
15-24 feet* 5/10 feet** 15 feet 25 feet*** - -
*Front yard setback to garage: 24 feet/Front setback to porch 15 feet
**Side yard setback to garage: 5 feet/10 feet living space/15 feet between dwellings
Garages recessed a minimum of 9 feet from front of house
***Rear yard setback Lot 1, Block 4 & Lot 5, Block 5: 10 feet
C. SPECIAL PUD CONDITIONS:
The Towne Lakes 7th Addition shall be subject to the master homeowner’s association
established with the Towne Lakes 1st and 2nd Additions.
5200.36 Westwind 2nd Addition
A. USES: All single family dwellings, permitted accessory uses, conditional uses, and interim
uses contained in the R-3 zoning district defined in this ordinance that are consistent with the
zoning performance standards shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Agenda Page 68
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 26
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
20 feet 10 feet 30 feet 30 feet 9,000 sq. feet* 80 feet
C. SPECIAL PUD CONDITIONS:
*Minimum lot area 9,000 square feet
5200.37 Westwind 3rd Addition
A. USES: All townhomes per approved plans dated 02/14/2008 defined in this ordinance that are
consistent with the comprehensive plan shall be treated as allowed uses within a PUD district.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
35 feet* 15 feet** - 30 feet - -
*35 foot front yard setback from frontage road
Side yard setback along public Right of Way (ROW): 20 feet
**15 foot sideyard setback from west lot line
10 foot sideyard setback from east lot line
Building location shall be per approved site plan dated 02/14/2008
C. SPECIAL PUD CONDITIONS:
Use and site design limited to 02/14/2008 approved site plan.
5200.38 6737 Labeaux Avenue
A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses
contained in the B-2A zoning district defined in this ordinance that are consistent with the zoning
performance standards shall be treated as allowed uses within a PUD district.
Light manufacturing/industrial permitted.
B. LOT REQUIREMENTS AND SETBACKS:
Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width
35 feet 10 feet 35 feet 20 feet 1 acre 150 feet
C. SPECIAL PUD CONDITIONS:
1. Within the approved PUD/B-2A shall follow the conditions set forth below:
a. All future tenant changes shall meet all building and fire code requirements for their
building occupancy classification prior to occupancy.
b. The site shall abide by all B-2A zoning restrictions.
Agenda Page 69
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 27
c. The applicant shall demonstrate adequate utility services for the proposed uses. If the
private systems do not meet code, then connection to city utilities will be required.
d. The parking shall be consistent to the submitted site plan with the following
conditions:
1) The number of required parking stalls shall be determined by the tenant mix and
use of floor space.
2) The parking area shall be dimensioned and striped per city code. Disability
parking shall be designated and striped accordingly.
3) The parking area on the east side of the building shall be designed and
constructed in full compliance with city code. Without construction details, the
parking area is not approved as of the date of passage of this ordinance.
4) All areas beyond the approved parking areas shall be grassed and landscaped to
define the boundaries of the approved parking area. Applicant shall provide a
landscape plan that establishes a schedule for establishment of these turfed
areas.
2. Within the approved PUD/B-2A, any future building expansions above and beyond the
site plan must meet city code and follow the PUD/B-2A regulations.
3. Within the approved PUD/B-2A, permitted land uses shall be limited to the following:
a. All permitted uses allowed within the B-2A Zoning District. Any change of use from
existing conditions shall be processed through the appropriate development
applications called for by the Albertville Zoning Ordinance.
4. Within the approved PUD/B-2A, permitted accessory uses shall be limited to the
following:
a. All permitted accessory uses allowed within the B-2A Zoning District. Any change of
use from existing conditions shall be processed through the appropriate development
applications called for by the Albertville Zoning Ordinance.
5. Within the approved PUD/B-2A, permitted conditional uses shall be limited to the
following:
a. All permitted conditional uses allowed within the B-2A Zoning District. Any change
of use from existing conditions shall be processed through the appropriate
development applications called for by the Albertville Zoning Ordinance.
b. Light Manufacturing or assembly of a wide variety of products, that will not produce
exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates
other objectional impact to the surrounding properties or street right of ways.
1) Required parking for the use shall be of a paved surface.
2) On site loading and delivery shall meet the conditions of chapter 1300 of the
Albertville Zoning Code.
3) All trash and or recycling equipment shall be located within a trash enclosure or
within the building.
4) Proposed industries shall demonstrate that they will not produce exterior noise,
glare, fumes, obnoxious products, byproducts or wastes or creates other
objectional impacts or nuisances on the adjoining properties or the environment.
6. Outdoor Storage Areas as an Interim Use Permit provided that:
a. The outdoor storage area shall meet all of the performance standards of Section
1000.7 of Albertville Zoning Code.
b. The outdoor storage area meets lighting standards set forth in Section 1000.15 B.5. of
Albertville Zoning Code.
Agenda Page 70
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 28
7. Prohibited Uses include all those set forth in Section 4350.5 of the B-2A Zoning District.
8. The minimum lot and setbacks of Section 4350.8 of the B-2A Zoning District shall apply.
9. The maximum building height shall follow the regulations in Section 4350.7 of the B-2A
Zoning District.
10. Any and all permitted, conditional, and accessory uses allowed withing the B-2A Zoning
District shall meet the special landscaping requirements of Section 4350.8 of the
Albertville Zoning Code.
11. Any and all permitted, conditional, and accessory uses allowed within the B-2A Zoning
District shall meet the architectural standards of Section 4350.9 of the Albertville Zoning
Code.
12. All new tenants will have to provide enough parking for their specific land use and
follow all off street parking requirements set forth in Chapter 1200 of the Albertville
Zoning Code.
13. Tenants shall meet all applicable requirements of the Minnesota Pollution Control
Agency and City Building and Fire Codes.
Section 2. This Amendment shall be in full force and effective immediately following its
passage and publication.
Approved by the City Council of the City of Albertville this 15th day of May 2023.
Jillian Hendrickson, Mayor
ATTEST:
______________________________
Kristine A. Luedke, City Clerk
Agenda Page 71
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 29
APPENDIX
Hunters Pass Estates Phase I Approved Setbacks
Hunters Pass Estates 2nd Addition Phase II Approved Setbacks
Agenda Page 72
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 30
Hunter’s Pass Estates-Phase I
Minimum Lot Setback Summary
Minimum Setbacks are as follows: Front-30, Rear-30, Garage Side-5, Home Side-10
(All dimensions are in feet, N-North, S-South, E-East, W-West, C-Center)
Minimum Front
Setback
Direction of Front
Face of Home
Side of Lot for
Garage and Drive
Block 1
Lot 1 30 E S
Lot 2 30 E N
Lot 3 30 SE N
Lot 4 30 SW E
Block 2
Lot 1 70 W S
Lot 2 30 W S
Lot 3 30 W N
Lot 4 45 W N
Lot 5 75 SW N
Lot 6 30 SW N
Lot 7 30 SE N
Lot 8 30 E N
Lot 9 38 NE N
Lot 10 38 E N
Lot 11 45 E S
Lot 12 45 SE C
Lot 13 65 S C
Lot 14 55 SW C
Lot 15 45 SW C
Lot 16 32 W S
Lot 17 32 NW N
Lot 18 42 W N
Lot 19 46 W N
Block 3
Lot 1 30 S W
Lot 2 30 SW E
Lot 3 30 SW E
Lot 4 30 SW E
Lot 5 30 SW N
Lot 6 30 W N
Lot 7 35 NW N
Lot 8 65 NW W
Lot 9 140 NW W
Agenda Page 73
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 31
Minimum Front
Setback
Direction of Front
Face of Home
Side of Lot for
Garage and Drive
Block 4
Lot 1 67 E N
Lot 2 60 E N
Lot 3 58 E N
Lot 4 58 E N
Lot 5 57 E S
Lot 6 48 E S
Lot 7 42 NE N
Lot 8 30 NE W
Lot 9 30 NE W
Lot 10 30 NE E
(Lot 10 has 30 side setback on west side)
Block 5
Lot 1 30 W C
(Lot 1 has 30 side setback on west side)
Block 6
Lot 1 50 W S
Lot 2 50 NW S
Lot 3 60 W S
Lot 4 35 W S
Lot 5 30 W S
Lot 6 30 NW E
Lot 7 30 N W
Lot 8 30 NE S
Lot 9 30 NE S
Lot 10 30 E S
Lot 11 31 SE S
Lot 12 32 SE S
Lot 13 35 SE S
Lot 14 30 E S
Lot 15 35 E S
Lot 16 36 E N
Lot 17 43 E N
Lot 18 50 E N
Lot 19 40 SE N
Lot 20 32 SE N
Lot 21 30 E N
Lot 22 30 NE W
Agenda Page 74
City of Albertville
Ordinance No. 2023-05
Meeting of May 15, 2023
Page 32
Hunter’s Pass 2nd Addition-Phase II
Minimum Lot Setback Summary
Minimum Front
Setback
Minimum Side
Setback-House
Side
Minimum Side
Setback-Garage
Side
Minimum Rear
Setback
Block 1
Lot 1 58 10 5 30
Lot 2 46 10 5 30
Lot 3 35 10 5 30
Lot 4 30 10 5 30
Lot 5 30 10 5 30
Lot 6 30 10 5 30
Block 2
Lot 1 30 10 5 10
Lot 2 30 10 5 10
Block 3
Lot 1 38 10 5 10
Lot 2 46 10 5 10
Lot 3 38 10 5 10
Lot 4 38 10 5 10
Agenda Page 75
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO. 2023-05
AN ORDINANCE CREATING ALBERTVILLE ZONING CHAPTER 5200, PUD-
PLANNED UNIT DEVELOPMENT ZONING DISTRICTS SUMMARY.
SUMMARIZING THE LAND USE AND PERFORMANCE STANDARDS FOR THE
APPROVED PLANNED UNIT DEVELOPMENT ZONING DISTRICTS WITHIN THE
CITY OF ALBERTVILLE
NOTICE IS HEREBY GIVEN that on May 15, 2023, Ordinance 2023-05 was adopted
by the City Council of the City of Albertville. This ordinance relates to the approved Planned
Unit Developments (PUD) within the City of Albertville. Due to the length of the ordinance, the
following summary of the ordinance has been prepared for publication.
NOTICE IS FURTHER GIVEN that the ordinance amends amendment includes the
following component:
• Establishes City Code Chapter 5200 summarizing the approved Planned Unit
Development districts and the performance standards within each PUD approval.
A printed copy of the full ordinance amendment is available for inspection by any person
during the City’s regular office hours.
Approved for publication by the City Council of the City of Albertville this 15th day of Ma y
2023.
ATTEST:
Kristine A. Luedke
Albertville City Clerk
Published Date: May 25, 2023
Agenda Page 76
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2023-06
AN ORDINANCE ADOPTING THE 2023 UPDATED OFFICIAL ZONING
MAP OF THE CITY OF ALBERTVILLE
The City Council of the City of Albertville, Minnesota hereby ordains as follows:
Section 1. The Albertville City Council adopts the updated City of Albertville Zoning
Map dated April 2023.
Section 2. This Amendment shall be in full force and effective immediately following its
passage and publication.
Approved by the City Council of the City of Albertville this 15th day of May 2023.
Jillian Hendrickson, Mayor
ATTEST:
_________________________
Kristine A. Luedke, City Clerk
Agenda Page 77
Agenda Page 78
Mayor and Council Request for Action
May 15, 2023
SUBJECT: ADMINISTRATION – APPROVE PLANNING SERVICE CONTRACT
WITH ABCITIES CONSULTING LLC
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2023-24 approve a contract with ABCities Consulting,
LLC for Planning Consultant Services through 2024.
BACKGROUND: The City of Albertville first entered into a contract with Northwest
Associated Consultants Inc (NAC) in 1988 to provide professional technical planning and
development assistance services for the City. Al Brixius, the City’s current City Planner, has
been Albertville’s City Planner since 2002.
Al Brixius has recently informed City staff that he will be leaving NAC on June 1, 2023, as the
company will be dissolving. Given his plans to retire by the end of 2024, Alan has created a new
planning company, ABCities Consulting LLC, and will be working as an independent planner.
He will only be working for a few clients over the next two years and has submitted a contract
proposal in order to continue to be Albertville’s planning consultant. Given the long history that
the City of Albertville has worked with Alan, and the excellent planning services that he has
provided to the City of the last 21 years, staff recommends that the City retain his services
through the end of 2024.
The proposed contract outlines the services that ABCities Consulting LLC will provide to the
City of Albertville. The services are similar to what has been provided by NAC for the last 35
years. The fees charged by ABCities Consulting LLC are as follows:
Article 2.A.1. – Monthly Retainer Amount*: $ 5,000
Article 2.A.2. – Private Technical Assistance: $ 170 per hour
Article 2.A.3. – Non-Retainer City Technical Assistance: $ 150 per hour
* Retainer inclusive of all direct costs, including routine travel, printing and reproduction,
business overhead, or other office expenses related to the attendance at meetings or production
of required documents and materials.
The Personnel Committee met and discussed options for planning services. The Committee’s
recommendation is to continue to contract with Al and utilize his services to assist with the
transition to the next planner.
KEY ISSUES:
• The City of Albertville has had a contract with NAC since 1988 for professional technical
planning and development assistance services. Al Brixius, the City’s current City
Planner, has been Albertville’s City Planner since 2002.
Agenda Page 79
Mayor and Council Request for Action – May 15, 2023
Administration – Approve Planning Service Contract Page 2 of 2
• NAC will be dissolving at the end of July and Al Brixius has established a new planning
company, ABCities Planning LLC.
• ABCities submitted a proposal to provide planning service to the City of Albertville
through the end of 2024 at a cost saving for what was charged in 2022.
POLICY/PRACTICES CONSIDERATIONS: The City enters into contracts for professional
services on an as-needed basis.
FINANCIAL CONSIDERATIONS: Due to ABCities having less overhead, the rates being
offered will be lower than the current rates charged by Northwest Associated Consultants for
planning consulting services.
LEGAL CONSIDERATIONS: The City Council has the ability to enter into professional
consulting contracts on behalf of the City of Albertville.
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Resolution No. 2023-24
• Letter from Alan Brixius
• Proposed Agreement for Professional Planning Services
Agenda Page 80
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023-25
RESOLUTION APPROVING A CONTRACT WITH ABCITIES CONSULTING, LLC
FOR CITY PLANNING SERVICES THROUGH 2024
WHEREAS, the City retained the services of Northwest Associated Consultants for City
planning services since 1988; and
WHEREAS, Alan Brixius has been the City of Albertville’s consulting city planner
since 1988; and
WHEREAS, Northwest Associated Consultants will be dissolving as a business on June 1,
2023; and
WHEREAS, Alan Brixius has formed a consulting company, namely ABCities Consulting,
LLC, in order to continue to provide planning services; and
WHEREAS, the proposed contract is consistent with the current scope of services and fees
that the current planning consultant contract provides.
NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville,
Wright County, Minnesota does hereby order as follows:
1. That the contract for planning consultant services is awarded to ABCities Consulting,
LCC, from June 1, 2023 to December 31, 2024.
2. That a contract between the City of Albertville and ABCities Consulting, LLC is
approved, and the Mayor and City Administrator are authorized and directed to sign the
same.
Adopted by the City Council of the City of Albertville this 15th day of May 2023.
_______________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 81
Abcities LLc
16405 78th Avenue n. MApLe Grove
teL: 763-242-6955
eMAiL ALbrixius@GMAiL.coM
April 10, 2023
Adam Nafstad
Albertville City Administrator
Albertville City Hall
5959 Main Avenue
Albertville Minnesota, 55301
Re: Albertville Planning Services
Dear Adam
NAC has served as Albertville’s City Planner since the 1980s. In have personally been
the City Planner since 2002. I have cherished this relationship as my career has grown
with the City of Albertville. Last September, I turned 65 years old. While I am not ready
to retire, I am looking to reduce my workload and career stress. To accomplish this goal,
my partner Steve Grittman and I are choosing to dissolve NAC at the end of our lease in
July and work exclusively for fewer select Clients. I am hoping to retain Albertville as a
Client.
I have established a new planning company ABCities Planning LLC. Working as an
independent planner, I will not have the overhead of an office lease, staff payroll or
company benefits that will allow me to offer some cost savings to the City.
Proposal:
City Technical Assistance.
Over the past five years, NAC’s billing for Albertville’s City technical assistance is shown
below.
Year Technical
Assistance
Meeting
Attendances
Total Billing
2018 $ 55,553 $ 5,250 $ 60,803
2019 $ 54,635 $ 5,125 $ 59,760
2020 $ 57,568 $ 4.375 $ 61,943
2021 $ 50,720 $ 5,500 $ 56,220
2022 $ 66,554 $ 5,375 $ 71,929
Agenda Page 82
ABCITIES LLC
Currently, NAC charges the City a hourly charge rate of $ 162.50 for city initiated work.
The average of City technical assistance and meeting building over the past five years
has been $ 62,131. As shown above the work has continued grow to with the growth of
the community.
I am proposing to offer the following services for a retainer of $ 5000.00 a month
starting in June 2023. This would be $60,000 a year. This is below the average billing
over the past five years and a more significant cost saving compared to the 2022
billings. The retainer provides me with steady income and allows me to provide a
broader range of services at a reduced cost to the city.
1. Correspondence (phone calls, emails, letters) with staff, residents, businesses,
and developers to answer land use, zoning, subdivision, or development
questions prior to the submission of a development application.
2. Attendance at pre-application meetings with perspective developers, businesses,
and property owners interested in the community. Meetings may be scheduled
outside of staff hour by the City Administration or Clerk if needed.
3. Five hours of in-house staff hours on Tuesdays twice a month.
4. City initiated zoning, subdivision, or city code amendments. Research, code
preparation, processing and presentation through planning commission and city
council.
5. Processing of City development applications (public works, waste treatment
plant, etc.) through planning commission and city council.
6. Assist, City staff with code enforcement issues.
7. Participate in City Studies of land use, zoning, area plans, site design prepared
by other consultants. Provide review comments.
8. Attendance at planning commission meetings to present agenda items.
9. Attendance at City Council meeting when planning and zoning items are present
on their agenda.
10. Assist in the training of the future Albertville planner. Replacing the old, tired
planner.
Agenda Page 83
ABCITIES LLC
Private Development Applications:
NAC currently charges $191.50 an hour for my time working on private development
applications. Without office rent, staff wages, and other business expenses; I can offer a
lower hourly charge rate for private projects within the city. ABCities will offer a private
technical assistance charge rate of $170.00 an hour.
The processing of private development applications includes:
1. Receipt and review of development applications and materials for completeness.
Issue a 15.99 letter if the application is incomplete. Correspondence with the
applicant to assist in receiving a complete application.
2. Draft public hearing notices, coordinate meeting schedule with the City Clerk.
3. Prepare preliminary comments, conduct a staff meeting to gather City Staff
comments and recommendations. Coordinate the application review with the
balance of city Staff.
4. Hassle the City Engineer to get his review comments done.
5. Finalized application review, prepare planning report, exhibits, transmit to City
Staff and the applicant.
6. Following planning commission action draft findings, resolution and code
amendments for the City Council action.
7. Participate in any follow-up on the project after Council approval.
Limited Services:
As an independent planning consultant, will not be able to provide some of the current
services offered through NAC Staff. I will not have GIS capabilities. For site design
would I will rely on service of Grittman Consulting Services or Outworks design, Dan
Sjordahl, When used for City initiated projects payment shall be by ABCities through the
retainer. When utilized for private development applications, services shall be billed on
an hourly basis at $170.00 an hour.
Term:
If this proposal is accepted, ABCities LLC would begin service on June 1, 2023, and
provide service through December 2024, with an option to extend services beyond this
date.
Agenda Page 84
ABCITIES LLC
Vacation and Sick Leave:
With this proposal, I reserve up to 4 weeks of vacation and 40 hours of sick leave in a
calendar year. Vacation scheduling will be sensitive to the public meeting calendars and
deadlines for planning commission and council packets.
Conclusion:
I greatly value my relationships with the Albertville’s Staff, Planning Commission and
City Council. My proposal in intended to continue to provide quality planning services to
Albertville, while reducing my workload and providing me with a more flexible schedule.
Thank you for the opportunity make this proposal.
______________________________
Alan Brixius, ABCities Consulting LLC
Agenda Page 85
16405 78th Avenue n. mAple grove
Abcities llc tel: 763-242-6955
emAil AlbriXius@gmAil.com
April 9, 2023
AGREEMENT FOR PROFESSIONAL PLANNING SERVICES
THIS AGREEMENT, entered into by and between the CITY OF Albertville MINNESOTA,
hereinafter referred to as the "Client" and ABCITIES CONSULTING, LLC., hereinafter
referred to as the "Consultant".
WITNESSETH:
ARTICLE 1. AREA OF SERVICE
That the Client does hereby agree to employ the Consultant to render professional
technical planning, zoning, and development assistance services to the extent and kind
described in Article 2 below in and for the City of Albertville, Minnesota.
ARTICLE 2. SERVICES OF THE CONSULTANT
The Consultant hereby agrees to render the professional services as follows after receipt
of work authorization by the City Administrator or City Clerk (the Client’s representative),
or their designate.
A. Technical Planning and Development Assistance
1. CITY-INITIATED TECHNICAL ASSISTANCE: The Consultant shall provide
general assistance and consultation to the Client, including:
a. Advice and reporting regarding the Client’s planning and development,
and related functions and activities.
b. Correspondence (phone calls, emails, letters) with staff, residents,
businesses, and developers to answer land use, zoning, subdivision, or
development questions prior to the submission of a development
application.
c. Attendance at pre-application meetings with perspective developers,
businesses, property owners interested in the community. Meetings may
be scheduled outside of staff hours by the City Administration or Clerk if
needed.
d. Four hours of in-house staff hours on Tuesdays twice a month.
Agenda Page 86
16405 78th Avenue n. mAple grove
Abcities llc tel: 763-242-6955
emAil AlbriXius@gmAil.com
e. City initiated zoning, subdivision, or city code amendments. Research,
code preparation, processing and presentation through planning
commission and city council.
f. Processing of City initiated development applications (public works, park
improvements, waste treatment plant, etc.) through planning
commission and city council. This shall include pre-application
meetings, public hearing notices, application, and plan review, drafting
planning report, prepare exhibits and resolutions and ordinances as
need for planning commission and council consideration.
g. Assist City staff with code enforcement issues.
h. Participate in City Studies of land use, zoning, area plans, site design
prepared by other consultants. Meeting attendance, correspondence,
Provide review comments.
i. Attendance at planning commission meetings to present agenda items.
j. Attendance at City Council meeting when planning and zoning items are
present on their agenda.
k. Assist in the training of the future Albertville planner.
l. City-Initiated Technical Assistance Services shall be rendered on an as
needed basis to be determined by the Client’s representative as noted
herein. Any costs for services performed under this Article will be
covered under Article 4.A. (Retainer) of this Agreement.
2. PRIVATELY-INITIATED TECHNICAL ASSISTANCE. The Consultant shall
provide general assistance and consultation to the Client, including:
a. Advice and reporting regarding the Client’s planning and development,
and related functions and activities initiated through an inquiry and/or
formal application from a Non-Client party.
b. The Consultant will be available to attend staff meetings (outside of pre-
application meetings) chargeable to the Applicant’s fee and/or escrow
account, assist and advise the Client on the administration, structure,
forms, procedures, schedule and processing of the recommendations
related to a privately initiated development applications which are
received and accepted by the Client.
Agenda Page 87
16405 78th Avenue n. mAple grove
Abcities llc tel: 763-242-6955
emAil AlbriXius@gmAil.com
c. Review all privately initiated developed applications for completeness.
Issued a 15.99 letter is application is deemed incomplete.
d. Draft public hearing notices for received development applications.
e. Coordinate application review and meet with the balance city staff
members; gather city staff comments and recommendations to be
include in the planning report and planning commission presentation.
f. Prepare staff reports, RCAs, resolutions, and other documents
analyzing and supporting staff research and recommendations on
Privately initiated planning items, whether or not scheduled for public
review.
g. Services shall be rendered on an as needed basis to be determined by
the Client’s representative as noted herein. Any services performed
under this Article will be billed on a monthly basis as per Article 4.B.
(Hourly Rate) of this Agreement.
3. CITY-INITIATED ASSISTANCE NOT INCLUDED IN RETAINER. From
time to time, projects that exceed the routine review and analysis or
common city processes for planning and zoning-related issues may be
found to be outside the scope of the items identified in 2.A.1. In such
matters, the Client may request a specific quote and scope of services for
the identified project, the work for which would be invoiced separately per
the Consultant’s charge rates found in the Rate Schedule.
For such projects, no work shall be commenced, nor compensation owed,
until a written approval is granted by the Client and the work is expressly
directed. The Consultant hereby agrees that any such work is eligible at all
times to be submitted for a competitive bid, to the Consultant and/or outside
consultants, without obligation of the Client to the Consultant under this
Contract. The Consultant hereby agrees to not unreasonably refuse any
reasonable work required under the retainer, and the Client hereby agrees
to not unreasonably require it.
Services shall be rendered on an as needed basis to be determined by the Client’s
designate as noted herein. Any services performed under this Article will be billed on a
monthly basis as per Article 4.B. (Hourly Rate) of this Agreement.
ARTICLE 3. SERVICES OF THE CLIENT
The Client hereby agrees to furnish to or make available for examination or use by the
Consultant, without charge, the following:
Agenda Page 88
16405 78th Avenue n. mAple grove
Abcities llc tel: 763-242-6955
emAil AlbriXius@gmAil.com
A. Agendas for all meetings when attendance of the Consultant is required within a
reasonable time to allow for review of each relevant item on the agenda.
B. All materials and documents applicable to all agenda items. Such material and
documents shall be submitted to the Consultant within a reasonable period of time
before any meeting at which time they are to be considered.
C. Material and documents, as determined by the Consultant, that are necessary for
the services to be performed, including meeting minutes, development regulations,
Comprehensive Plan documents, or other related documents.
D. In-house office or meeting room accommodation for staff hours.
E. Office supplies and copying associated specifically to the City initiated projects and
private-initiated development applications.
F. GIS services.
ARTICLE 4. PAYMENT
A. Technical Planning and Development Assistance
The Client hereby agrees to pay the Consultant for professional services included
in Article 2. of this Agreement as follows:
1. RETAINER PAYMENT FOR CITY-INITIATED TECHNICAL ASSISTANCE.
The work described in Article 2.A.1 shall be invoiced pursuant to the
monthly Retainer in accordance with the rate schedule attached hereto.
Said Retainer shall be a fixed monthly amount, invoiced separately from
other costs invoiced under Articles 2.A.2 and 2.A.3. At the Client’s request,
the Consultant may itemize the work done under said Retainer. The rate
schedule shall be subject to adjustment each calendar year.
2. PAYMENT FOR PRIVATELY INITIATED TECHNICAL ASSISTANCE. The
work described in Article 2.A.2 shall be invoiced on a time and materials
basis in accordance with the rate schedule attached hereto for “Privately
Initiated Rates”. The rate schedule shall be subject to adjustment each
calendar year.
3. PAYMENT FOR CITY-INITIATED ASSISTANCE NOT INCLUDED IN THE
RETAINER. The work described in Article 2.A.3 Shall be invoiced on a
time and materials basis in accordance with the rate schedule attached
hereto for “City-Initiated Rates”, if hourly, and/or for the agreed-upon
fixed fee if applicable. The rate schedule shall be subject to adjustment
Agenda Page 89
16405 78th Avenue n. mAple grove
Abcities llc tel: 763-242-6955
emAil AlbriXius@gmAil.com
each calendar year. This Section includes night meetings in excess of
those included in the retainer.
4. If the Client finds it necessary to abandon the requested work, the Client
shall notify the Consultant in writing and the Consultant shall be
compensated for all work completed and materials expended prior to said
notice.
5. The Consultant shall submit a statement of services rendered under
Article 2. on a monthly basis payable by the Client.
ARTICLE 5. OTHER PARTIES
A. It is mutually agreed that this Agreement is not transferable by either party to a
third party without the written consent of the other. The Consultant, at its own
discretion, may seek professional assistance with certain aspects of any project.
Such work shall at all times be subject to the Client’s acceptance as if it were
completed wholly by the Consultant, and shall be invoiced as such, under the
requirements of Articles 2 and 4 of this agreement.
B. The Consultant's reports and other materials prepared in the performance of this
Agreement are instruments of services and remain the property of the Client.
However, any further distribution of these reports by the Client must note the
Consultant as the source.
C. For lawsuits or legal actions brought by a third party against the Client, which also
names the consultant, resulting from negligence, reckless, or improper actions of
the Client or the consultant, each party shall be liable for its own acts to the extent
provided by law, and each party hereby agrees to indemnify, hold harmless and
defend the other, its officers and employees against any and all liability, loss, costs,
damages, expenses, claims or actions, including attorney’s fees which the other,
its officers and employees may hereafter sustain, incur or be required to pay,
arising out of or by reason of any act or omission of the party, its agents, servants
and employees in the execution, performance or failure to adequately perform its
obligations pursuant to this Agreement.
D. Insurance Requirements. The Consultant agrees that, in order to protect itself, as
well as the Client, under the indemnity provision set forth above, it will at all times
during the term of this Agreement keep in full force and effect the following
insurance protection in amounts not less than the limits specified below, or greater
as necessary:
1. Commercial General Liability - $2,000,000.00 per incident, including the
following endorsements:
Agenda Page 90
16405 78th Avenue n. mAple grove
Abcities llc tel: 763-242-6955
emAil AlbriXius@gmAil.com
a. Automobile coverage - $100,000/$300,000.
Any policy obtained and maintained under this clause shall provide that it shall not
be canceled, materially changed or not renewed without thirty (30) days prior
notice thereof to the Client.
E. In the event that the Client consists of two (2) or more municipal or corporate
entities, each shall be jointly and severably liable for all payments due the
Consultant authorized pursuant to this contract.
ARTICLE 6. TERMINATION
A. This Agreement may be terminated by either party delivering to the other party
written notice of termination in which case this Agreement shall be deemed
terminated as of 9:00 AM on the tenth (10th) day following receipt of said written
notice. The notice of termination shall specify the circumstances warranting
termination of the contract.
B. In the event of termination by the Client, the Client shall pay the Consultant for
work completed prior to the termination date on a time plus materials basis, such
payment to be made within thirty (30) days after receipt of Client of a final invoice
showing work completed. All materials shall be retained by the Consultant until all
payments due from the Client have been received by the Consultant.
C. In the event of termination by the Consultant, the Consultant shall forward to the
Client on or prior to the termination date any unearned fees or retainers held by
the Consultant within thirty (30) days of termination date.
Agenda Page 91
16405 78th Avenue n. mAple grove
Abcities llc tel: 763-242-6955
emAil AlbriXius@gmAil.com
ABCITIES LLC
CONDITIONS HEREIN AGREED TO:
ABCITIES CONSULTING, LLC.
____________________________________ _______________
Alan R. Brixius, Principal Date
Al bertville, MINNESOTA
_____________________________________ _______________
Jillian Hendrickson, Mayor Date
____________________________________ ________________
Adam Nafstad, City Administrator Date
Please Sign and Return One Copy
Agenda Page 92
16405 78th Avenue n. mAple grove
Abcities llc tel: 763-242-6955
emAil AlbriXius@gmAil.com
ABCITIES LLC
Exhibit A
Fee and Rate Schedule
Article 2.A.1. - Monthly Retainer Amount*: $5,000.00
Article 2.A.2. – Private Technical Assistance: $170.00 per hour
Article 2.A.3 – Non-Retainer City Technical Assistance: $150.00 per hour
*Retainer inclusive of all direct costs, including routine travel, printing and
reproduction, business overhead, or other office expenses related to the
attendance at meetings or production of required documents and materials.
Other Charges:
• Expenses related to required travel out of state or overnight (direct cost of
travel and hotel, plus per diem).
Agenda Page 93
City Administrator’s Update
May 11, 2023
GENERAL ADMINISTRATION
2023 Annual First Responders Luncheon: This event will be held on Tuesday, May 23 at the
Clam Corporate Headquarters in Maple Grove. Registration starts at 10:30 am with lunch
beginning at 11 am. Please let me know if you would like to attend.
Albertville Friendly City Days Social: This year’s social will be on Thursday, June 8, 2023, at 6
pm in Central Park in the Beer Gardens by the Main Stage. Thursday night is the Albertville
Firemen’s Relief Craft Beer night.
Albertville Fire Department: The Albertville Fire Department is planning an Open House on
Saturday, June 10, 2023, from 9 am to noon during this year’s Friendly City Days Festival.
League of Minnesota Cities 2023 Annual Conference: This event will be held on Wednesday,
June 21 through Friday, June 23 in Duluth. Registration is now open for the event. Please let me
know if you would like to attend this year.
Building Inspection Services: Given current staffing issues and extended scheduling lead times,
at the meeting I would like to discuss supplemental inspection options.
City’s Bond Rating: This week Moody’s announced and reaffirmed the City’s GO rating of Aa2.
The evaluation was required as part for the 2023 bond issuance.
Parks Committee: The Parks Committee has scheduled this year’s Parks Night Out event for
May 19 from 6 to 8 pm in Four Seasons Park, Linwood Park and Westwind Park. This year’s
event will include Albertville Public Works equipment display, the Albertville Fire Department,
Wright County Sheriff’s Office K9 unit and other family entertainment.
Annual Recycling Rate Increase: In 2021, The City negotiated the 5-year contract extension
with Republic Services. Resolution No. 2021-016 approved on March 15, 2021 set the recycling
fees for the five-year period. Beginning June 1, 2023 through May 31, 2024, the new recycling
rate will be $4.67.
Code/Zoning Enforcement: The code enforcement regrading illegal land use on Potter’s
property located at the southwest corner of 60th Street NE and Mackenzie Avenue has been
turned over to the City Attorney.
ENGINEERING/PUBLIC WORKS
2023 Street Overlay: The preconstruction meeting will be in May and project newsletters will
be mailed following that meeting. It is anticipated the contractor will commence work in mid-
June.
Agenda Page 94
City Administrator’s Update Page 2 of 2 May 11, 2023
Depot Parking Lot: Construction will begin immediately following Friendly City Days and the
contractor anticipates the project will take approximately 6 weeks.
WWTF Improvements: Modifications to the existing reed bed structures are underway as well
footing work for the new electrical building. Partial pay estimate number one is included on the
agenda and is related to site mobilization costs.
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 a consultant working on the
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.
Upcoming Events:
• May 19 – Parks Night Out Event at Four Seasons, Linwood and Westwind Park
• June 7-11 – 2023 Albertville Friendly City Days Festival
• June 8 – Albertville Friendly City Days Social
• June 10 – Albertville Fire Department Open House
• June 15 – Opening day of the Albertville Farmer’s Market
• June 16 – FYCC Dueling Piano Event
Agenda Page 95