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2021-12-06 City Council Agenda PacketCity of Albertville Council Agenda Monday, December 6, 2021 City Council Chambers 7 pm 6:15 pm – Truth-in Taxation Hearing 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 November 15, 2021, regular City Council Meeting minutes as presented. 3-6 B. Authorize the Monday, December 6, 2021, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. 7 C. Authorize the payment of all claims received by December 31, 2021, which would be the year-end closeout of payment and claims. D. Adopt Resolution No. 2021-050 establishing the 2022 City Observed Holidays 8-9 E. Adopt Resolution No. 2021-051 establishing the 2022 City Council Regular Meeting Dates. 10-12 7. Public Hearing 8. Wright County Sheriff’s Office – Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc) 2. Reappointment of Planning Commissioners (Motion to adopt Resolution No. 2021-052 reappointing Planning Commissioners for new terms.) 13 B. Building – None City of Albertville City Council Agenda Monday, December 6, 2021 Page 2 of 2 C. City Clerk 1. Adopt 2022 Fee Schedule Ordinance 14-37 (Motion to adopt Ordinance No. 2021-14 amending Title 3, Chapter 1, Section 3-1-3 (City Fees, Fines and Rate Schedule in the Albertville City Code) and approve summary Ordinance for Publication.) D. Finance 1. Adopt 2022 Property Tax Levy and Final Budget 38-42 (Motion to adopt Resolution No. 2021-053 adopting the 2022 Property Tax Levy and Resolution No. 2021-054 adopting the 2022 Final Budget.) E. Fire 43 1. Fire Department Updates • Allina Medical Response Guidelines • FEMA AFG Grant Application • MSFDA SAFER Grant Request F. Planning and Zoning 44-69 1. Konz Crossing - Conditional Use Permit for Service Lane and Outdoor Dining (Motion to adopt Resolution No. 2021-055 approving the Konz Crossing requests for a conditional use permits for a drive through service lane and outdoor dining and a variance from the stacking length for a drive through service lane for the property located at 5703 Lachman Avenue NE.) 2. Shoppes at Towne Lakes 3rd Potential Usage Discussion G. Public Works/Engineering – None H. Legal – None I. Administration 1. 2022 Government Relations Representation 70-74 (Motion to approve the 2022 proposal rom Stinson LLP for government relations and lobbying services.) 10. Announcements and/or Upcoming Meetings December 13 STMA Arena Board, 6 pm December 14 Planning Commission, 7 pm December 20 City Council, 7 pm December 23 City Hall is closed in observance of the Christmas Holiday December 27 Joint Powers Water Board, 6 pm Parks Committee, 7 pm December 30 City Hall is closed in observance of New Years January 3, 2022 City Council, 7 pm 11. Adjournment ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES November 15, 2021 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Acting Mayor Olson called the meeting to order at 7:01 pm. 2. Pledge of Allegiance – Roll Call Present: Acting Mayor Olson, Councilmembers Hudson and Zagorski Absent: Mayor Hendrickson and Councilmember Cocking Staff Present: City Administrator Nafstad, Fire Chief Bullen City Attorney Couri, Finance Director Lannes and City Clerk Luedke. 3. Recognitions – Presentations – Introductions – None 4. Public Forum There was no one present for the public form. 5. Amendments to the Agenda There were no amendments to the agenda. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to approve the November 15, 2021, agenda as presented. Ayes: Hudson, Olson and Zagorski. Nays: None. Absent: Cocking and Hendrickson, The motion carried. 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the November 1, 2021, regular City Council Meeting minutes as presented. B. Authorize the Monday, November 15, 2021, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. C. Adopt Resolution No. 2021-046 designating the 2022 Polling Places for the 2022 Election Cycle in the City of Albertville. D. Adopt Resolution No. 2021-047 approving City Employees possessing City Credit and Gas Cards and their Designees. E. Approve purchase and implementation of DUO Multi-factor Authentication for remote access by Virtual Private Network. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of November 15, 2021 6. Consent Agenda - continued MOTION made by Councilmember Zagorski, seconded by Councilmember Hudson to approve the November 15, 2021, Consent Agenda as presented. Ayes: Hudson, Olson and Zagorski. Nays: None. Absent: Cocking and 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 Department. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC) Councilmember Zagorski provided an update from the Planning Commission meeting which included the public hearing held to consider a request from Konz Crossing. City Planner Brixius said the request from Konz Crossing was for a conditional use permit for a drive through service lane and outdoor dining. He said this item would come before the City Council for approval at their December 6, 2021, Council meeting. B. Building – None C. City Clerk – None D. Finance 1. 2021 Certification of Uncollected Utility Bills and Invoices Finance Director Lannes presented the staff report and said there was no one present for comments. MOTION made by Councilmember Zagorski, seconded by Councilmember Hudson to adopt Resolution No. 2021-048 certifying the 2021 Uncollected Utility Bills and Invoice to Wright County for Collection with Real Estate Taxes. Ayes: Hudson, Olson and Zagorski. Nays: None. Absent: Cocking and Hendrickson, The motion carried. 2. Driveway Improvement Assessments Finance Director Lannes presented the staff report. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to adopt Resolution No. 2021-049 adopting Driveway Improvement Assessments. Ayes: Hudson, Olson and Zagorski. Nays: None. Absent: Cocking and Hendrickson, The motion carried. E. Fire – None F. Planning and Zoning 1. Stormy Cycle – Conditional Use Permit for Outdoor Storage Extension City Planner Brixius provided an overview of the request received from Stormy Cycle to extend their conditional use permit until December 31, 2022. He answered questions from Council. Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of November 15, 2021 1. Stormy Cycle – Conditional Use Permit - continued MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to extend the term of the approved Stormy Cycle Outdoor Storage Conditional Use Permit to be constructed by December 31, 2022. Ayes: Hudson, Olson and Zagorski. Nays: None. Absent: Cocking and Hendrickson, The motion carried. G. Public Works/Engineering – None H. Legal – None I. Administration 1. City Employee Pay Scale Adjustment City Administrator Nafstad provided background information on the Personnel Committee’s request to adjust the City employee pay scales. He said the Committee completed and reviewed the annual salary survey prepared using the League of MN Cities database to compare the current City employee scales to that of comparable peer groups. He said the finding showed that 18 of the City’s 19 positions had a salary range of 10% on average lower than that of comparable peer groups. Mr. Nafstad reported the recommendation of the Personnel Committed was to increase the pay scales for all positions by 6.5%. Administrator Nafstad and Finance Director Lannes answered questions from Council regarding the financial considerations for the requested increases. It was clarified the 6.5% included cost of living and pay scale adjustment. It was also noted the recommended increase was previously included in the 2022 Preliminary Budget. Councilmember Olson asked if the item should be tabled to the next meeting because Mayor Hendrickson and Councilmember Cocking were absent. City Administrator Nafstad stated that Mayor Hendrickson was on the Personnel Committee and that this was part her recommendation. He reported he had discussed the proposed adjustment with Councilmember Cocking and said he did not have any issues with it. There was Council discussion regarding the proposed increase to the City’s employee salary ranges. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to approve 2022 City Pay Scale increase of 6.5%. Ayes: Hudson, Olson and Zagorski. Nays: None. Absent: Cocking and Hendrickson, The motion carried. 2. City Administrator’s Update City Administrator Nafstad updated the Council on the information the City recently received from Wright County regarding the County’s tax compacity. Mr. Nafstad said City staff would be meeting with Scherer Bros. Lumber regarding their business relocation and reported on some of the challenges that the new site has. Administrator Nafstad said that City staff was working on a new website page that would provide information on the current development projects in the City. Councilmember Zagorski thanked City Administrator Nafstad for the tour of city facilities he provided and said that he had learned a lot about the City. Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of November 15, 2021 Announcements and/or Upcoming Meetings November 22 Joint Powers Water Board, 6 pm Parks Committee, 7pm November 25/26 City Offices closed in observance of Thanksgiving December 6 Truth-in-Taxation Hearing, 6:15 pm City Council, 7pm December 13 STMA Arena Board, 6 pm December 14 Planning Commission, 7 pm December 20 City Council, 7 pm December 23 City Offices closed in observance of Christmas 10. Adjournment MOTION made by Councilmember Hudson, second by Councilmember Zagorski to adjourn the meeting at 7:23 pm. Ayes: Hudson, Olson and Zagorski. Nays: None. Absent: Cocking and Hendrickson, The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 6 Mayor and Council Request for Action December 6, 2021 SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, December 6, 2021, 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 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-050 RESOLUTION ESTABLISHING THE 2022 CITY OBSERVED HOLIDAYS WHEREAS, the City Council is desirous of establishing the 2022 City Observed Holidays for the City of Albertville effective December 30, 2021; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the following 2022 City Observed Holidays: New Year’s Day December 30 (City Hall) December 31 (Public Works/Utilities) January 1 (Arena) Martin Luther King Jr. Day January 17 Presidents’ Day February 21 Memorial Day May 30 Independence Day July 4 Labor Day September 5 Veterans Day November 10 (City Hall employees) November 11 (Public Works/Utilities/Arena) Thanksgiving Day November 24 Friday after Thanksgiving Day November 25 (Public Works/Utilities/Arena) Christmas Eve December 23 (Public Works/Utilities – 5 hours) December 24 (Arena) Christmas Day December 25 (Arena) December 26 (City Hall/Public Works/Utilities) Adopted by the City Council of the City of Albertville this 6th day of December 2021. Jillian Hendrickson, Mayor ATTEST: Kristine Luedke, City Clerk Agenda Page 8 City of Albertville, MN Resolution No. 2021-050 Meeting of December 6, 2021 Page 2 City Hall Employees Public Works/Utilities Employees 8 hrs Dec. 30 New Year’s Eve, 2 hours vacation or comp-time 8 hrs Dec. 31 New Year’s Day 10 hrs Jan. 17 Martin Luther King Jr. Day 8 hrs Jan. 17 Martin Luther King Jr. Day 10 hrs Feb. 21 Presidents’ Day 8 hrs Feb. 21 Presidents’ Day 10 hrs May 30 Memorial Day 9 hrs May 30 Memorial Day 10 hrs July 4 Independence Day 9 hrs July 4 Independence Day 10 hrs Sept. 5 Labor Day 9 hrs Sept. 5 Labor Day 10 hrs Nov. 10 Veterans Day 8 hrs Nov. 11 Veterans Day 10 hrs Nov. 24 Thanksgiving Day 8 hrs Nov. 24 Thanksgiving Day 10 hrs Dec. 26 Christmas Day observed 8 hrs Nov. 25 Friday after Thanksgiving Day 88 hrs Total 5 hrs Dec. 23 Christmas Eve observed 8 hrs Dec. 26 Christmas Day observed 88 hrs Total Arena Employees 8 hrs Jan. 1 New Year’s Day 8 hrs Jan. 17 Martin Luther King Jr. Day 8 hrs Feb. 21 Presidents’ Day 8 hrs May 30 Memorial Day 8 hrs July 4 Independence Day 8 hrs Sept. 5 Labor Day 8 hrs Nov. 11 Veterans Day 8 hrs Nov. 24 Thanksgiving Day 8 hrs Nov. 25 Friday after Thanksgiving Day 8 hrs Dec. 24 Christmas Eve observed 8 hrs Dec. 25 Christmas Day observed 88 hrs Total Agenda Page 9 Mayor and Council Request for Action December 6, 2021 SUBJECT: CONSENT – CITY CLERK – 2022 CITY COUNCIL MEETING DATES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Adopt Resolution No. 2021-051 establishing the 2022 City Council Regular Meeting Dates. BACKGROUND: Each year the City Council shall identify its official meeting dates for the coming year. KEY ISSUES: There are several recognized holidays that fall on the first and/or third Mondays throughout the year. These include: o Monday, January 18 – Martin Luther King Jr. Day o Monday, February 15 – President’s Day o Monday, September 6 – Labor Day The City Council meetings that would normally meet on these days have been moved to the Tuesday immediately following the holiday. Historically, the City Council has cancelled the first meeting in July due to the July 4th Holiday. Therefore, City staff is recommending not scheduling a City Council meeting for the first Monday in July. Generally, if a fifth Monday falls during a calendar month, the cities of Albertville and St. Michael and the STMA School Board generally set a joint meeting for the fifth Monday which in 2022 will occur on January 31, May 31 (Tuesday), August 29 and October 31. POLICY/PRACTICES CONSIDERATIONS: Council may choose to change, add or delete meetings as needed throughout the year and will be required to post notice at least 72 hours in advance of changes, cancellations, or additional meetings. LEGAL ISSUES: The City Council has the authority to set its official meeting dates each year. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2021-0051 • 2022 Calendar of Official Meetings Agenda Page 10 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-0XX RESOLUTION ESTABLISHING THE 2022 CITY COUNCIL REGULAR MEETING SCHEDULE WHEREAS, the Albertville City Council declares its official regular meeting schedule each year; and WHEREAS, the regular City Council meetings are scheduled for the first and third Mondays of each month and will be scheduled for the Tuesday should it fall on an observed holiday; and WHEREAS, the regular City Council meetings begin at 7 pm and are to be held in the City Hall Council Chambers unless noticed in advance. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the following 2022 regular City Council meetings: January 3 July 18 January 18 – Tuesday August 1 February 7 August 15 February 22 – Tuesday September 6 – Tuesday March 7 September 19 March 21 October 3 April 4 October 17 April 18 November 7 May 2 November 21 May 16 December 5 June 6 December 19 June 20 Adopted by the City Council of the City of Albertville this 6th day of December 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 11 2022 Official Meeting Calendar Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 1 2 3 4 5 1 2 3 4 5 2 CC 3 4 5 FR6FB 7 8 6 CC 7 PC 8 9 10 11 12 6 CC 7 PC 8 9 10 11 12 9 Ice 10 PC 11 12 13 14 15 13 Ice 14 15 16 17 18 19 13 Ice 14 15 16 17 18 19 16 H 17 CC 18 19 20 21 22 20 H 21 CC 22 23 24 25 26 20 CC 21 22 23 24 25 26 23 JP24PK 25 26 27 28 29 27 JP28PK 27 JP28PK 29 30 31 30 JM 31 MAY Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 1 CC 2 3 4 5 6 7 1 2 3 4 3 CC 4 5 6 7 8 9 8 Ice 9 PC 10 11 12 13 14 5 CC 6 7 8 9 10 11 10 Ice 11 PC 12 13 FR 14 15 16 15 CC 16 17 18 19 20 21 12 Ice 13 PC 14 15 16 17 18 17 CC 18 19 20 21 22 23 22 JP23PK 24 25 26 27 28 19 CC 20 21 22 23 24 25 24 JP25PK 26 27 28 29 30 29 H 30 JM 31 26 PK 27JP 28 29 30 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 CC 1 2 3 4 5 6 1 2 3 3 H 4 5 6 FR 7 8 9 7 Ice 8 ED 9 PC 10 11 12 13 4 H 5 CC 6 7 8 9 10 10 Ice 11 PC 12 13 14 15 16 14 CC 15 16 17 18 19 20 11 Ice 12 PC 13 14 15 16 17 17 CC 18 19 20 21 22 23 21 JP22PK 23 24 25 26 27 18 CC 19 20 21 22 23 24 24/31 JP25PK 26 27 28 29 30 28 JM 29 30 31 25 PK26JP 27 28 29 30 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 1 2 3 4 5 1 2 3 2 CC 3 4 5 6 7 8 6 CC 7 ED 8 PC 9 ~H 10 H 11 12 4 CC 5 6 7 FR 8 9 10 9 Ice 10 PC 11 12 FR 13 14 15 13 Ice 14 15 16 17 18 19 11 Ice 12 PC 13 14 15 16 17 16 CC 17 18 19 20 21 22 20 CC 21 22 23 ~H 24 H 25 26 18 CC 19 20 21 22 23 24 23 JP24PK 25 26 27 28 29 27 JP28PK 29 30 25 H 26 PK27JP 28 29 30 31 30 JM 31 CC City Council Meeting, 7 pm PC Planning Commission, 7 pm Ice STMA Arena Board, 6 pm H Holiday (City offices closed) JP Joint Power Water Board, 6 pm AFCD Albertville Friendly City Days PK Parks Committee, 7 pm JM Joint Governance Meeting, 6 pm ED FR Fire Relief Association Meeting, 6 pm (Dec. 8, 7 pm) FB Fire Department Annual Business Meeting, 8 pm ~ City Hall Closed Thurs., PW Closed Fri. JANUARY FEBRUARY MARCH APRIL JUNE AUGUST SEPTEMBER Election Day, 7 am to 8 pm OCTOBER NOVEMBER DECEMBER JULY Agenda Page 12 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-052 RESOLUTION REAPPOINTING PLANNING COMMISSIONERS WHEREAS, the Planning Commissioners are appointed by the City Council for a 4 year terms; and WHEREAS, at year end 2021, the term of two of the current Planning Commissioners expire; and WHEREAS, both of the current Planning Commissioners wish to continue for another 4 year term. NOW, THEREFORE, BE IT RESOLVED that the following reappointments are made for the Planning Commission: Paul Buhrmann Term Expiring December 31, 2025 Rick Anderson Term Expiring December 31, 2025 Adopted by the City Council of the City of Albertville this 6th day of December, 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 13 Mayor and Council Request for Action December 6, 2021 SUBJECT: CITY CLERK – ADOPTION OF 2022 FEE SCHEDULE AND APPROVE SUMMARY ORDINANCE FOR PUBLICATION RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Adopt Ordinance No. 2021-14 Amending Title 3, Chapter 1, Section 3-1-3 (City Fees, Fines and Rates Schedule in the Albertville Municipal Code) and approve summary ordinance for publication. BACKGROUND: Annually, the City reviews and updates its fee schedule for various services, licenses, fines, permits, etc. Listed below are the most significant changes to the fee schedule for 2022: KEY ISSUES: •2% increase to water and sewer rates. •Update Fee Schedule to reflect increase in Building Department permit fees. •Delete obsolete fees (dog licensing, copies of Planning and Zoning documents, etc.) •New recycling fee beginning May 2022 per Resolution No. 2021-016 •10% increased to park dedication fees per Park Committee recommendation. •Ordinance will become effective January 1, 2022. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to set fees for City services. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: •Title 3, Chapter 1, Section 3-1-3 underline/overstruck •Ordinance No. 2021-14 •Summary Ordinance No, 2021-14 Agenda Page 14 PC = Plan Check SC = Surcharge based on PC value $1.00 SC = Surcharge on flat fee permits Section Subject Fee/Escrow/Penalty Rentals - City Hall: Damage Deposit $100.00 Full community room with kitchen - nonresident $400.00 per 4 hour block + tax Full community room with kitchen - resident $200.00 per 4 hour block + tax Key Deposit $10.00 Kitchen only - nonresident $150.00 per event + tax Kitchen only - resident $75.00 per event + tax Multipurpose room with kitchen - civic group 1-4 hour block/month free. Additional meeting $150.00 per 4 hour block + tax Multipurpose room with kitchen - nonresident $300.00 per 4 hour block + tax Multipurpose room with kitchen - resident $150.00 per 4 hour block + tax Upstairs - nonresident $150.00 per 4 hour block + tax Upstairs - resident $75.00 per 4 hour block + tax Use of audio/visual equipment $30.00 (cart only) - multipurpose room + tax $50.00 - full community room + tax West conference room - nonresident $20.00 per hour + tax (2 hour minimum) West conference room - resident $10.00 per hour + tax (2 hour minimum) Rentals - Parks: Adult fall/winter leagues $100.00/team per season + tax Adult winter tournaments $100.00/rink per day + tax Central Park shelter - damage deposit $100.00 Central Park shelter key deposit $10.00 Central Park shelter - nonresident $150.00 per day + tax Central Park shelter - resident $100.00 per day + tax Field - damage deposit $100.00 Field rental - nonresident $150.00/field per day + tax Field rental - resident $100.00/field per day + tax Key deposit - shelter only $10.00 Youth baseball/softball tournaments $25.00/field per day Adult summer leagues $175.00/team per season + tax Adult summer tournaments $100.00/field per day + tax Service: Copies - 8 ½ x 11 $0.25/page + tax Fax (send or receive)$0.25/page + tax Filing fee for City Council/Mayor $15.00 Maps: Street or zoning - 2' x 3'$5.00/page + tax Street or zoning - 11" x 17"$0.50/page + tax City of Albertville 2022 Fee Schedule Page 1 of 10Agenda Page 15 Section Subject Fee/Escrow/Penalty Planning and Zoning: City Code $300.00 + tax Comprehensive Parks Plan $75.00 + tax Comprehensive Plan $100.00 + tax Standard detail plates $25.00 + tax Zoning/Subdivision/Sign Ordinance $100.00 + tax Snowplowing $100.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax Special Assessment Search $20.00 per property search Administration: Misdemeanor penalties Not more than $1,000.00 Petty misdemeanor penalties Not more than $300.00 1-5-2C1 Fee for special meeting $150.00 1-6-2 Code offense $200.00 1-6-6A Failure to pay late charge 15% for each 7 days 1-6-7A Second violation 25% over penalty amount 1-6-7B Third violation 50% over penalty amount 1-6-7C Fourth violation 100% over penalty amount City Finances: 3-1-2 Returned check fee $25.00 3-4-3 Filing for deferral status $25.00 Burglar and False alarm: First - Third Free Fourth $200.00 Fifth $250.00 Sixth $300.00 Seventh $350.00 Eighth $400.00 Ninth $450.00 Tenth $500.00 3-5-2A Fire protection/emergency response/chemical/ hazardous materials spill ATV/UTV with water tank Command vehicle/utility or grass truck Engines - all types Extra personnel Fire Investigation Team (County-wide response Heavy rescue/rescue/ambulance Ladder/aerial Special Response Unit (County-wide response team) Water tender 3-5-2B Fire watch 3-5-2C Preventative fire watch 3-5-2D Car fires/accidents (nonresidential) 3-5-1C 3-5-2A1a 3-5-2A2 1-4-1A Hourly rate for personnel and equipment per Wright County Fire Chief's Association Joint Cooperative Agreement for Use of Fire Personnel and Equipment Page 2 of 10Agenda Page 16 Section Subject Fee/Escrow/Penalty Business Regulations: Liquor license: Consumption and display State license fee Off-sale intoxicating liquor $150.00 per year Off-sale 3.2 malt liquor $100.00 per year On-sale intoxicating liquor $3,300 per year On-sale taproom $210.00 per year On-sale 3.2 malt liquor $100.00 per year On-sale wine $110.00 per year Sunday on-sale intoxicating liquor $200.00 per year Temporary intoxication on-sale (1-4 days)$100.00 per event Temporary 3.2 malt on-sale $10.00 per day 2 am license State license fee Revocation/suspension of liquor license: Liquor violation - first $500.00 Liquor violation - second $1,000.00 Liquor violation - third $1,500.00 + 2 day suspension of license Liquor violation - fourth $2,000 + a suspension of not less than 5 but no more than 60 days or revocation as determined by City Council Coin operated amusement location $15.00 annually Coin operated amusement device $15.00 annually - maximum 2 per $15.00 4-3-1D Bingo $25.00 annually 4-3-2B2 Charitable gambling investigation fee $100.00 Canvasser $50.00/individual per 90 days consecutive Real Estate (includes parade)$50.00 annually Transient business, peddling, soliciting $50.00/individual per 90 days consecutive Massage enterprise license/investigate $300.00 initially + $50.00 annually Massage therapist (individual) practitioner $50.00 annually 4-6-24C Unauthorized cable connections and modifications Not less than $20.00 and the costs of the action nor more than $500.00 and the costs of the action 4-7-2B2 Waste Hauler $150.00 4-8-2B Special Event Permit $50.00 application fee $25.00 review fee 4-9-3C Mobile Food Unit $75.00 annually, $20.00 1-3 day event Health and Sanitation: 5-3-3C Mowing/weed elimination $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax 5-3-4 Grass and weeds violation Petty misdemeanor 5-4-5A,B Open burning violation Petty misdemeanor or misdemeanor 5-5-2A1 Excessive motor vehicle noise Misdemeanor 5-5-3A2 Temporary major outdoor music permit $50.00 per event 5-5-3B2 Minor live outdoor music event $50.00 annual permit 5-6-3A Public property vegetation permit $25.00 per event 4-4-6A 4-1-15A 4-5-7 4-2-3 4-4-3C Page 3 of 10Agenda Page 17 Section Subject Fee/Escrow/Penalty 5-6-3E Unauthorized public property tree work 5-6-5A3 Private property pruning 5-6-5B3 Private property diseased and infected Public Safety: 6-2-3B Dog license - altered (sprayed/neutered)$10.00 per year per dog 6-2-3B Dog license - unaltered $15.00 per year per dog 6-2-3C Dog license replacement $5.00 Dog impoundment - first $50.00 + boarding fees Dog impoundment - second $100.00 + boarding fees Dog impoundment - subsequent $200.00 + boarding fees 6-2-16B,C Commercial kennels $50.00 annually Curfew: Minor - first offense $75.00 + cost of prosecution Parents - first offense $75.00 + cost of prosecution Minor - second offense within 6 months $300.00 + cost of prosecution Parents - second offense within 6 months $300.00 + cost of prosecution General Traffic Provisions: 7-1-2 Operation of vehicle in excess of 12,000 pounds on 57th Street, 55th Street, 54th Street, 51st Street from Main Avenue NE to Barthel Industrial Drive NE and 62nd Street from Lakeshore Drive W to 63rd Street NE Misdemeanor 7-3-6 Operation of snowmobiles and recreational vehicles in violation of Section 7-3-6 Misdemeanor or Petty Misdemeanor + costs of prosecution Right-of-Way Fees and Charges: 8-2-8C1 Small Wireless Facility permit Engineer Estimate Collocation rent on City structure $150.00 Maintenance cost associated with collocation $25.00 $73.00 per radio node less than or equal to 100 watts $182.00 per radio node over 100 watts The actual cost of electricity if actual cost exceeds the forgoing Registration fee $75.00 per hour (2 hour minimum) Excavation permit fees - hole1: Verification: Plan review $75.00 per hour Inspection: Location before work $60.00 per hour Compliance during work $60.00 per hour Completion after work $60.00 per hour Reinspection $60.00 per hour Testing result review: Compaction $60.00 per hour Material $60.00 per hour Electrical service fee 8-2-8L $100.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) or full cost of contract work + tax 6-2-14A 6-4-1D2a- D2d 8-2-11 Page 4 of 10Agenda Page 18 Section Subject Fee/Escrow/Penalty Mapping: Review data $60.00 per hour Transfer to AutoCad $60.00 per hour Insert to overlay to tie in $60.00 per hour Excavation permit fees - emergency hole1: Administration $75.00 per hour Inspection after completion $60.00 per hour Excavation permit fees - trench1: Administration $75.00 per hour Verification: Plan review $75.00 per hour Inspection: Location before work $60.00 per hour Compliance during work $60.00 per hour Completion after work $60.00 per hour Reinspection $60.00 per hour Testing result review: Compaction $60.00 per hour Material $60.00 per hour Mapping: Review data $60.00 per hour Transfer to AutoCad $60.00 per hour Insert to overlay to tie in $60.00 per hour Obstruction permit fee1: Administration $75.00 per hour Recording $75.00 per hour Review $100.00 minimum base + $75.00 per hour Inspection1: Compliance during work $60.00 per hour Completion after $60.00 per hour Permit extension fee1: Administration $75.00 per hour Recording $75.00 per hour Review $75.00 per hour Delay penalty Administration $75.00 per hour Water and Sewer Access Charges: 9-1-2B1 Residential single and multiple dwelling SAC $4,600.00 per dwelling unit 9-1-2B2a Nonresidential SAC $4,600.00 per SAC unit 9-1-2C1 Residential WAC $950.00 per dwelling unit + Joint Powers fee 9-1-2C2a Nonresidential WAC $950.00 per dwelling unit + Joint Powers fee 9-1-2-1D Water trunk access $1,925.00 per gross acre 9-1-2-2D Sanitary sewer trunk access $2,055.00 per gross acre 8-2-11 Page 5 of 10Agenda Page 19 Section Subject Fee/Escrow/Penalty CSAH 37 Special District: 9-1-2-3D1 Municipal water trunk access $6,408.00 per acre + interest per Code Municipal water trunk access - supplemental connection 9-1-2-4D1 Municipal water trunk access $16,920.00 per acre + interest per Code Municipal water trunk access - supplemental connection Water meter - residential $450.00 390.00 Water meter - 1"$640.00 590.00 Water meter - 1.5" T10 $1,150.00 1000.00 Water meter - 1.5" turbine (no longer using) $1,200.00 Water meter - 2" T10 $1,350.00 1200.00 Water meter - 2" turbine (no longer using)$1,300.00 9-2-10A Water connection and inspection $100.00 Water base rates - 0 - 3,333 gallons $8.06 7.90 Water usage rates - 3,334 - 6,667 gallons $0.85 0.83 per 1,000 over 3,334 and up to 6,666 Water usage rates - 6,668 - 11,667 gallons $0.91 0.89 per 1,000 over 6,668 and up to 11,667 Water usage rates - over 11,668 gallons $0.94 0.92 per 1,000 over 11,668 Water Joint Powers portion (JP District)Per Water Joint Powers fee schedule 9-2-10C Water shutoff notice $20.00 9-2-10D Water shutoff and reconnection fee $35.00 per time 9-3-3A Sewer connection and inspection/reinspection $100.00 per occurrence Sewer base rate - 0 - 5,000 gallons $23.72 23.25 Sewer usage rate: Per 1,000 over 5,000 gallons $4.17 4.08 9-3-3D Delinquent account and utility fee payment 10% late charge subject to a minimum charge 9-4-6D Private sewer system permit $300.00 9-4-8A2 Private sewer system inspection $100.00 per inspection Stormwater Utility Charges: 9-5-4B Connection charge - single family $500.00 per unit Connection charge - multiple family $400.00 per unit Connection charge - all other construction $1,500.00 per gross acre Stormwater rate: SW 1 residential $4.00 monthly SW 2 residential $5.56 monthly SW 3 residential $10.00 monthly Nonresidential 0 - 5% impervious $6.29 per acre monthly Nonresidential 6 - 35% impervious $11.85 per acre monthly Nonresidential 36 - 65% impervious $16.66 per acre monthly Nonresidential 66 - 100% impervious $29.98 per acre monthly Golf courses $1.00 per acre monthly 9-5-5C Delinquent stormwater utility fee payment 10% late charge subject to a minimum charge 9-6-3B5 Noncompliance surcharge for sewer discharge $100.00 per month added to sewer bill 9-7-2D Stormwater pond water appropriation fee $150.00 Recycling fee 2020-May 2021: $3.62, $3.32 with $0.30 buy down, June 2022-May 2023 $4.53 $11,266.65 9-1-2-4D2 9-1-2-3D2 9-2-5B $14,934.86 9-2-10B 9-5-5A 9-3-3B 9-5-4B Page 6 of 10Agenda Page 20 Section Subject Fee/Escrow/Penalty Building and Development Regulation: 10-1-1C Commercial certificate of occupancy (temporary)$50.00 Escrow for new residentials: Fee for temporary certificate of occupancy (single family dwelling) Administration fee $100.00 Site improvement escrow $2,500.00 Fee per tree escrow $250.00 Engineer review as built survey fee $75.00 Engineer review survey fee $75.00 Engineer review - revised survey fee $75.00 Landscape reinspection fee $25.00 Reinspection fee $50.00 Building permit fees - Valuation: $1.00 to $500.00 $50.00 $501.00 to $2,000.00 $50.00 for the first $500.00, plus $3.70 for each additional $100.00 or a fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $105.50 for the first $2,000.00, plus $16.55 for each additional $1,000.00 or a fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $486.15 for the first $25,000.00, plus $12.00 for each additional $1,000.00 or a fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $786.15 for the first $50,000.00, plus $8.45 for each additional $1,000.00 or a fraction thereof, to and including $100,000.00 10-2-3A $100,001.00 to $500,000.00 $1,208.65 for the first $100,000.00, plus $6.75 for each additional $1,000.00 or a fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,908.65 for the first $500,000.00, plus $5.50 for each additional $1,000.00 or a fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,658.65 for the first $1,000,000.00, plus $4.50 for each additional $1,000.00 or a fraction thereof Surcharge fee Fee per MN Statute 326B.148 10-2-3B Plan review fee 65% of building permit fee per MN Statute 326B.153 subd. 2 10-2-3A,Air conditioner $75.00 $50.00 + $1.00 SC C,D,E Gas line (residential)$75.00 $50.00 + $1.00 SC Gas line (commercial)Valuation + SC + PC or minimum $150.00 + $1.00 SC Heating/furnace (replacement only)$75.00 $50.00 + $1.00 SC Backflow irrigation system $75.00 $50.00 + $1.00 SC Mechanical (existing residence)Valuation + SC ($75.00 50.00 minimum + $1.00 SC) Mechanical (new residence)Valuation + SC ($75.00 50.00 minimum + $1.00 SC) $50.00 10-1-3D1- D6 10-2-3A 10-1-3A1b 10-2-3A Page 7 of 10Agenda Page 21 Section Subject Fee/Escrow/Penalty 10-2-3A,Mechanical - commercial (new or existing)Valuation + SC + PC ($150.00 minimum + 1.00 SC) C,D,E Other building permit related inspections and fees: Addition (residential)Valuation + SC + PC Basement finish Valuation + SC + PC Additional plan review required by changes, additions or revisions to plans Contractor verification $5.00 Decks Valuation + SC + PC Detached garages/outbuildings Valuation + SC + PC Fence (new or existing commercial)Valuation ($90.00 minimum) Fence (new or existing residential)$75.00 50.00 Fire Suppression Valuation + SC + PC (PC depends on if the State reviews) Fireplace (new or existing residence)$75.00 50.00 + $1.00 SC For use of outside consultants for plan checking and inspections, or both Gas fitter processing fee $35.00 Inspection for which no fee is specifically indicated $65.00 per hour (minimum charge 1/2 hour) Inspections outside of normal business hours $100.00 per hour New Construction (commercial or residential)Valuation + SC + PC Permanent sign Valuation + SC + PC Reinspection fees $65.00 per hour Retaining walls (over 4 ft height)Valuation Site inspection (residential)$150.00 Three season and screened porches Valuation + SC + PC Window installation (commercial)Valuation + SC + PC ($150.00 minimum + $1.00 SC) Window installation (residential)Valuation + SC Plumbing - commercial (new or existing)Valuation + SC + PC ($150.00 minimum + $1.00 SC) Plumbing (existing residence)Valuation + SC ($75.00 50.00 minimum + $1.00 SC) Plumbing (new residence) Valuation + SC + PC ($150.00 minimum + $1.00 SC) Reroof (commercial)Valuation + SC + PC ($150.00 minimum + $1.00 SC) Reroofing (existing residence)Valuation + SC ($150.00 minimum + 1.00 SC) $150.00 + $1.00 SC Septic permit (new, existing, or repair)$500.00 Tenant occupancy $100.00 + $1.00 SC Tenant finish Valuation + SC + PC Water heater $75.00 $50.00 + $1.00 SC Water softener $75.00 $50.00 + $1.00 SC Fire Department lock box - exterior mounted $175.00 + tax $177.00 (including tax) Fire Department lock box - flush mounted (no longer using) $197.00 (includes tax) Fire inspection - commercial $50.00/commence fourth inspection, first 3 free Fire inspection - suppression/alarm Valuation ($125.00 minimum) 10-4-10D1 Rental units - residential: Multiple family/apartment $150.00/building + $10.00 per unit $65.00 per hour Actual costs 10-3-8A 10-3-9A,B Page 8 of 10Agenda Page 22 Section Subject Fee/Escrow/Penalty 10-4-10D1 Single family/townhomes $100.00 per year 10-4-10D2 Rental unit inspection fee (after 1st reinspection)$50.00 per occurrence 10-4-13F Compliance order reimbursement Cost of remedy and administration (time + materials +equipment) 10-5-3 Numbering buildings violation Petty Misdemeanor Sign Regulations: 10-7-7B1a Temporary and/or portable signs $35.00 per 14 days Advertising device - billboard Valuation + PC + SC Advertising device renewal fee $75.00 annually Business sign permit Valuation + PC + SC Change of advertising device Valuation + PC + SC 10-7-9B Sign Code violation $200.00 Vacant Building Registration: 10-8-5 Vacant building registration $100.00 annually 10-8-6C Vacant building securing by City Cost of time + materials + equipment + tax 10-8-6D Vacant building mowing lawn by City $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax 10-8-8 Penalty for failure to register a vacant building $100.00 per month Subdivision Regulations: Administrative subdivision $400.00/$1,500.00 Sketch plan $200.00/$2,500.00 plus $50.00 per lot Preliminary plat: Residential $450.00/$5,000.00 or $250.00 per lot, whichever is greater Commercial/industrial $450.00/$5,000.00 plus $500.00 per lot; whichever is greater Final plat $400.00/$2,500.00 Park dedication: Residential $3,630.00 3,300.00 per residential unit Commercial $9,020.00 8,200.00 per acre subdivided Industrial $2,750.00 2,500.00 per acre subdivided Variance/appeal $300.00/$500.00 11-2-7B Administrative fee 3.5% of all Municipal improvement costsAppendix A - Zoning Ordinance: 300.1A Rezoning $400.00 + $1,000.00 escrow Conditional use permit: Site <4 acres $300.00 + $1,500.00 escrow Site 4 - 10 acres $300.00 + $2,500.00 escrow Site >10 acres $300.00 + $5,000.00 escrow 500.2A3a Minor variance $100.00 + $100.00 escrow 500.2B2 Major variance/appeals $300.00 + $650.00 escrow Vacations $300.00 + $1,000.00 escrow 700.2 Certificate of occupancy of zoning $200.00 800.2 Administrative enforcement $1,000.00 1000.5B Swimming pool permit Valuation + PC + SC 10-7-8 11-2-7A 11-2-7A 11-2-7A 400.2A Page 9 of 10Agenda Page 23 Section Subject Fee/Escrow/Penalty 1000.7B1a Landscaping, general - sodding/seeding 1000.7B1b Nongrowing season escrow 1000.7C2b Landscaping, new residential - required ground cover escrow 1000.22 Temporary outdoor seasonal sales $50.00 per event 1500.4 and 1500.6A Administrative permits and minor site and building plan review $250.00 + $250.00 escrow Site and building plan review (major): Site <4 acres $300.00 + $1,500.00 escrow Site 4 - 10 acres $300.00 + $2,500.00 escrow Site <4 acres $300.00 + $5,000.00 escrow 1600.3B Special home occupation permit $100.00 Land filling permit (in excess of 20 cu. yards): Residential - single lot $25.00 Commercial/industrial/institutional $200.00 + $1,000.00 per acre escrow Land excavation, grading permit (in excess of 20 cu. yards): Residential - single lot $25.00 Commercial/industrial/institutional $200.00 + $1,000.00 per acre escrow 2100.2 Essential service permit $300.00 + $1,000.00 plus $50.00 per lot escrow 2700.4A1 PUD rezoning $400.00 + $50.00 per lot + $5,000.00 escrow 2700.4C2b PUD concept plan $300.00 + $50.00 per lot + $1,500.00 escrow 2700.4D PUD development stage plan $300.00 + $1,000.00 escrow 2700.4E PUD final plan $300.00 + $1,000.00 escrow 5100.10 Flood regulations violation Not more than $1,000.00 or imprisonment not to exceed 90 days, or both, plus cost of prosecution in either case 1. Fees shall be based on an hourly rate as estimated by the City Engineer. $100.00 administrative fee + escrow of $3,000.00 (minimum) or 1.5 times the cost of ground cover, whichever is greater 1500.2 and 1500.5 and 1500.6 1800.2A 1900.3A Page 10 of 10Agenda Page 24 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021-14 AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 (GENERAL FINANCE PROVISIONS, SECTION 3 (CITY FEES, FINES, AND RATES SCHEDULE IN THE ALBERTVILLE CITY CODE The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Purpose: The purpose of this section is to formally establish the fees, fines, and rates (dollar amounts) to be charged by the City. Fees are subject to State Sales Tax where applicable. Section 2. Zoning Applications: Zoning applications shall consist of both a fee and escrow to be collected with the application. The fee is a nonrefundable charge for City administration. The escrow account is intended to cover City expenses related to engineering, planning, and legal expenses incurred in the processing of an application. The escrow is an estimate of costs. All applications include a written agreement between the City and the applicant whereby the applicant agrees to pay all applicable fees, charges, administrative, planning, engineering, and legal costs associated with the review and processing of any zoning application. If these expenses exceed the application escrow, the applicant shall be billed for these costs. If monies are not paid within thirty (30) days after the bill is sent to the applicant/landowner, the City will assess the aforementioned fees, charges, and/or expenses against the land subject to the development application. Section 3. Adoption of the 2022 Fee Schedule. The fees to be charged by the City of Albertville for 2022 are listed on the attached Exhibit A, which is incorporated herein; that said fee schedule is hereby adopted. Section 4. Continuation/Amendment: Any amendment to the fee schedule shall be made annually, or more often if necessary, by ordinance; if there are no amendments to the fee schedule, the most recently adopted fee schedule ordinance shall remain in force and effect until amended. Section 5. This ordinance shall be in full force and effective January 1, 2022. Adopted by the City Council of the City of Albertville this 6th day of December, 2021. ________________________________ Jillian Hendrickson, Mayor ATTEST: _________________________ Kristine A. Luedke, City Clerk Agenda Page 25 City of Albertville Meeting of December 6, 2021 Ordinance No. 2021-14 Page 2 Exhibit A City of Albertville 2022 Fee Schedule PC = Plan Check SC = Surcharge based on PC value $1.00 SC = Surcharge on flat fee permits Section Subject Fee/Escrow/Penalty Rentals - City Hall: Damage Deposit $100.00 Full community room with kitchen - nonresident $400.00 per 4 hour block + tax Full community room with kitchen - resident $200.00 per 4 hour block + tax Key Deposit $10.00 Kitchen only - nonresident $150.00 per event + tax Kitchen only - resident $75.00 per event + tax Multipurpose room with kitchen - civic group 1-4 hour block/month free. Additional meeting $150.00 per 4 hour block + tax Multipurpose room with kitchen - nonresident $300.00 per 4 hour block + tax Multipurpose room with kitchen - resident $150.00 per 4 hour block + tax Upstairs - nonresident $150.00 per 4 hour block + tax Upstairs - resident $75.00 per 4 hour block + tax Use of audio/visual equipment $30.00 (cart only) - multipurpose room + tax $50.00 - full community room + tax West conference room - nonresident $20.00 per hour + tax (2 hour minimum) West conference room - resident $10.00 per hour + tax (2 hour minimum) Rentals - Parks: Adult fall/winter leagues $100.00/team per season + tax Adult winter tournaments $100.00/rink per day + tax Central Park shelter - damage deposit $100.00 Central Park shelter key deposit $10.00 Central Park shelter - nonresident $150.00 per day + tax Central Park shelter - resident $100.00 per day + tax Field - damage deposit $100.00 Field rental - nonresident $150.00/field per day + tax Field rental - resident $100.00/field per day + tax Key deposit - shelter only $10.00 Youth baseball/softball tournaments $25.00/field per day Adult summer leagues $175.00/team per season + tax Adult summer tournaments $100.00/field per day + tax Service: Copies - 8 ½ x 11 $0.25/page + tax Fax (send or receive) $0.25/page + tax Agenda Page 26 City of Albertville Meeting of December 6, 2021 Ordinance No. 2021-14 Page 3 Section Subject Fee/Escrow/Penalty Filing fee for City Council/Mayor $15.00 Maps: Street or zoning - 2' x 3' $5.00/page + tax Street or zoning - 11" x 17" $0.50/page + tax Snowplowing $100.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax Special Assessment Search $20.00 per property search Administration: 1-4-1A Misdemeanor penalties Not more than $1,000.00 Petty misdemeanor penalties Not more than $300.00 1-5-2C1 Fee for special meeting $150.00 1-6-2 Code offense $200.00 1-6-6A Failure to pay late charge 15% for each 7 days 1-6-7A Second violation 25% over penalty amount 1-6-7B Third violation 50% over penalty amount 1-6-7C Fourth violation 100% over penalty amount City Finances: 3-1-2 Returned check fee $25.00 3-4-3 Filing for deferral status $25.00 3-5-1C Burglar and False alarm: 3-5-2A1a First - Third Free Fourth $200.00 Fifth $250.00 Sixth $300.00 Seventh $350.00 Eighth $400.00 Ninth $450.00 Tenth $500.00 3-5-2A Fire protection/emergency response/chemical/ hazardous materials spill Hourly rate for personnel and equipment per Wright County Fire Chief's Association Joint Cooperative 3-5-2A2 ATV/UTV with water tank Agreement for Use of Fire Personnel and Command vehicle/utility or grass truck Equipment Engines - all types Extra personnel Fire Investigation Team (County-wide response team) Heavy rescue/rescue/ambulance Ladder/aerial Special Response Unit (County-wide response team) Water tender Agenda Page 27 City of Albertville Meeting of December 6, 2021 Ordinance No. 2021-14 Page 4 Section Subject Fee/Escrow/Penalty 3-5-2B Fire watch Hourly rate for personnel and equipment per Wright 3-5-2C Preventative fire watch County Fire Chief’s Association Joint Cooperative 3-5-2D Car fires/accidents (nonresidential) Agreement for Use of Fire Personnel and Equipment Business Regulations: 4-4-6A Liquor license: Consumption and display State license fee Off-sale intoxicating liquor $150.00 per year Off-sale 3.2 malt liquor $100.00 per year On-sale intoxicating liquor $3,300 per year On-sale taproom $210.00 per year On-sale 3.2 malt liquor $100.00 per year On-sale wine $110.00 per year Sunday on-sale intoxicating liquor $200.00 per year Temporary intoxication on-sale (1-4 days) $100.00 per event Temporary 3.2 malt on-sale $10.00 per day 2 am license State license fee 4-1-15A Revocation/suspension of liquor license: Liquor violation - first $500.00 Liquor violation - second $1,000.00 Liquor violation - third $1,500.00 + 2 day suspension of license Liquor violation - fourth $2,000 + a suspension of not less than 5 but no more than 60 days or revocation as determined by City Council 4-2-3 Coin operated amusement location $15.00 annually Coin operated amusement device $15.00 annually - maximum 2 per $15.00 4-3-1D Bingo $25.00 annually 4-3-2B2 Charitable gambling investigation fee $100.00 4-4-3C Canvasser $50.00/individual per 90 days consecutive Real Estate (includes parade) $50.00 annually Transient business, peddling, soliciting $50.00/individual per 90 days consecutive 4-5-7 Massage enterprise license/investigate $300.00 initially + $50.00 annually Massage therapist (individual) practitioner $50.00 annually 4-6-24C Unauthorized cable connections and modifications Not less than $20.00 and the costs of the action nor more than $500.00 and the costs of the action 4-7-2B2 Waste Hauler $150.00 4-8-2B Special Event Permit $50.00 application fee $25.00 review fee 4-9-3C Mobile Food Unit $75.00 annually, $20.00 1-3 day event Health and Sanitation: 5-3-3C Mowing/weed elimination $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax Agenda Page 28 City of Albertville Meeting of December 6, 2021 Ordinance No. 2021-14 Page 5 Section Subject Fee/Escrow/Penalty 5-3-4 Grass and weeds violation Petty misdemeanor 5-4-5A,B Open burning violation Petty misdemeanor or misdemeanor 5-5-2A1 Excessive motor vehicle noise Misdemeanor 5-5-3A2 Temporary major outdoor music permit $50.00 per event 5-5-3B2 Minor live outdoor music event $50.00 annual permit 5-6-3A Public property vegetation permit $25.00 per event 5-6-3E Unauthorized public property tree work $100.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) or full cost of contract work + tax 5-6-5A3 Private property pruning 5-6-5B3 Private property diseased and infected Public Safety: 6-2-14A Dog impoundment - first $50.00 + boarding fees Dog impoundment - second $100.00 + boarding fees Dog impoundment - subsequent $200.00 + boarding fees 6-2-16B,C Commercial kennels $50.00 annually 6-4-1D2a- D2d Curfew: Minor - first offense $75.00 + cost of prosecution Parents - first offense $75.00 + cost of prosecution Minor - second offense within 6 months $300.00 + cost of prosecution Parents - second offense within 6 months $300.00 + cost of prosecution General Traffic Provisions: 7-1-2 Operation of vehicle in excess of 12,000 pounds on 57th Street, 55th Street, 54th Street, 51st Street from Main Avenue NE to Barthel Industrial Drive NE and 62nd Street from Lakeshore Drive W to 63rd Street NE Misdemeanor 7-3-6 Operation of snowmobiles and recreational vehicles in violation of Section 7-3-6 Misdemeanor or Petty Misdemeanor + costs of prosecution Right-of-Way Fees and Charges: 8-2-8C1 Small Wireless Facility permit Engineer Estimate 8-2-8L Collocation rent on City structure $150.00 Maintenance cost associated with collocation $25.00 Electrical service fee $73.00 per radio node less than or equal to 100 watts $182.00 per radio node over 100 watts The actual cost of electricity if actual cost exceeds the forgoing 8-2-11 Registration fee $75.00 per hour (2 hour minimum) Excavation permit fees - hole1: Verification: Plan review $75.00 per hour Inspection: Location before work $60.00 per hour Agenda Page 29 City of Albertville Meeting of December 6, 2021 Ordinance No. 2021-14 Page 6 Section Subject Fee/Escrow/Penalty 8-2-11 Compliance during work $60.00 per hour Completion after work $60.00 per hour Reinspection $60.00 per hour Testing result review: Compaction $60.00 per hour Material $60.00 per hour Mapping: Review data $60.00 per hour Transfer to AutoCad $60.00 per hour Insert to overlay to tie in $60.00 per hour Excavation permit fees - emergency hole1: Administration $75.00 per hour Inspection after completion $60.00 per hour Excavation permit fees - trench1: Administration $75.00 per hour Verification: Plan review $75.00 per hour Inspection: Location before work $60.00 per hour Compliance during work $60.00 per hour Completion after work $60.00 per hour Reinspection $60.00 per hour Testing result review: Compaction $60.00 per hour Material $60.00 per hour Mapping: Review data $60.00 per hour Transfer to AutoCad $60.00 per hour Insert to overlay to tie in $60.00 per hour Obstruction permit fee1: Administration $75.00 per hour Recording $75.00 per hour Review $100.00 minimum base + $75.00 per hour Inspection1: Compliance during work $60.00 per hour Completion after $60.00 per hour Permit extension fee1: Administration $75.00 per hour Recording $75.00 per hour Review $75.00 per hour Delay penalty Administration $75.00 per hour Agenda Page 30 City of Albertville Meeting of December 6, 2021 Ordinance No. 2021-14 Page 7 Section Subject Fee/Escrow/Penalty Water and Sewer Access Charges: 9-1-2B1 Residential single and multiple dwelling SAC $4,600.00 per dwelling unit 9-1-2B2a Nonresidential SAC $4,600.00 per SAC unit 9-1-2C1 Residential WAC $950.00 per dwelling unit + Joint Powers fee 9-1-2C2a Nonresidential WAC $950.00 per dwelling unit + Joint Powers fee 9-1-2-1D Water trunk access $1,925.00 per gross acre 9-1-2-2D Sanitary sewer trunk access $2,055.00 per gross acre CSAH 37 Special District: 9-1-2-3D1 Municipal water trunk access $6,408.00 per acre + interest per Code 9-1-2-3D2 Municipal water trunk access - supplemental $14,934.86 connection 9-1-2-4D1 Municipal water trunk access $16,920.00 per acre + interest per Code 9-1-2-4D2 Municipal water trunk access - supplemental $11,266.65 connection 9-2-5B Water meter - residential $450.00 Water meter - 1" $640.00 Water meter - 1.5" T10 $1,150.00 Water meter - 2" T10 $1,350.00 9-2-10A Water connection and inspection $100.00 9-2-10B Water base rates - 0 - 3,333 gallons $8.06 Water usage rates - 3,334 - 6,667 gallons $0.85 per 1,000 over 3,334 and up to 6,666 Water usage rates - 6,668 - 11,667 gallons $0.91 per 1,000 over 6,668 and up to 11,667 Water usage rates - over 11,668 gallons $0.94 per 1,000 over 11,668 Water Joint Powers portion (JP District) Per Water Joint Powers fee schedule 9-2-10C Water shutoff notice $20.00 9-2-10D Water shutoff and reconnection fee $35.00 per time 9-3-3A Sewer connection and inspection/reinspection $100.00 per occurrence 9-3-3B Sewer base rate - 0 - 5,000 gallons $23.72 Sewer usage rate: Per 1,000 over 5,000 gallons $4.17 9-3-3D Delinquent account and utility fee payment 10% late charge subject to a minimum charge 9-4-6D Private sewer system permit $300.00 9-4-8A2 Private sewer system inspection $100.00 per inspection Stormwater Utility Charges: 9-5-4B Connection charge - single family $500.00 per unit 9-5-4B Connection charge - multiple family $400.00 per unit Connection charge - all other construction $1,500.00 per gross acre 9-5-5A Stormwater rate: SW 1 residential $4.00 monthly SW 2 residential $5.56 monthly SW 3 residential $10.00 monthly Agenda Page 31 City of Albertville Meeting of December 6, 2021 Ordinance No. 2021-14 Page 8 Section Subject Fee/Escrow/Penalty 9-5-5A Nonresidential 0 - 5% impervious $6.29 per acre monthly Nonresidential 6 - 35% impervious $11.85 per acre monthly Nonresidential 36 - 65% impervious $16.66 per acre monthly Nonresidential 66 - 100% impervious $29.98 per acre monthly Golf courses $1.00 per acre monthly 9-5-5C Delinquent stormwater utility fee payment 10% late charge subject to a minimum charge 9-6-3B5 Noncompliance surcharge for sewer discharge $100.00 per month added to sewer bill 9-7-2D Stormwater pond water appropriation fee $150.00 Recycling fee 2020-May 2021: $3.62, June 2022-May 2023 $4.53 Building and Development Regulation: 10-1-1C Commercial certificate of occupancy (temporary) $50.00 Escrow for new residentials: 10-1-3A1b Fee for temporary certificate of occupancy $50.00 (single family dwelling) 10-1-3D1- D6 Administration fee $100.00 Site improvement escrow $2,500.00 Fee per tree escrow $250.00 Engineer review as built survey fee $75.00 Engineer review survey fee $75.00 Engineer review - revised survey fee $75.00 Landscape reinspection fee $25.00 Reinspection fee $50.00 10-2-3A Building permit fees - Valuation: $1.00 to $500.00 $50.00 $501.00 to $2,000.00 $50.00 for the first $500.00, plus $3.70 for each additional $100.00 or a fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $105.50 for the first $2,000.00, plus $16.55 for each additional $1,000.00 or a fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $486.15 for the first $25,000.00, plus $12.00 for each additional $1,000.00 or a fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $786.15 for the first $50,000.00, plus $8.45 for each additional $1,000.00 or a fraction thereof, to and including $100,000.00 10-2-3A $100,001.00 to $500,000.00 $1,208.65 for the first $100,000.00, plus $6.75 for each additional $1,000.00 or a fraction thereof, to and including $500,000.00 Agenda Page 32 City of Albertville Meeting of December 6, 2021 Ordinance No. 2021-14 Page 9 Section Subject Fee/Escrow/Penalty 10-2-3A $500,001.00 to $1,000,000.00 $3,908.65 for the first $500,000.00, plus $5.50 for each additional $1,000.00 or a fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,658.65 for the first $1,000,000.00, plus $4.50 for each additional $1,000.00 or a fraction thereof Surcharge fee Fee per MN Statute 326B.148 10-2-3B Plan review fee 65% of building permit fee per MN Statute 326B.153 subd. 2 10-2-3A, Air conditioner $75.00 + $1.00 SC C,D,E Gas line (residential) $75.00 + $1.00 SC Gas line (commercial) Valuation + SC + PC or minimum $150.00 + $1.00 SC Heating/furnace (replacement only) $75.00 + $1.00 SC Backflow irrigation system $75.00 + $1.00 SC Mechanical (existing residence) Valuation + SC ($75.00 minimum + $1.00 SC) Mechanical (new residence) Valuation + SC ($75.00 minimum + $1.00 SC) Mechanical - commercial (new or existing) Valuation + SC + PC ($150.00 minimum + 1.00 SC) Other building permit related inspections and fees: Addition (residential) Valuation + SC + PC Basement finish Valuation + SC + PC Additional plan review required by changes, $65.00 per hour additions or revisions to plans Contractor verification $5.00 Decks Valuation + SC + PC Detached garages/outbuildings Valuation + SC + PC Fence (new or existing commercial) Valuation ($90.00 minimum) Fence (new or existing residential) $75.00 Fire Suppression Valuation + SC + PC (PC depends on if the State reviews) Fireplace (new or existing residence) $75.00 + $1.00 SC For use of outside consultants for plan checking Actual costs and inspections, or both Gas fitter processing fee $35.00 Inspection for which no fee is specifically indicated $65.00 per hour (minimum charge 1/2 hour) Inspections outside of normal business hours $100.00 per hour New Construction (commercial or residential) Valuation + SC + PC Permanent sign Valuation + SC + PC Reinspection fees $65.00 per hour Agenda Page 33 City of Albertville Meeting of December 6, 2021 Ordinance No. 2021-14 Page 10 Section Subject Fee/Escrow/Penalty 10-2-3A, Retaining walls (over 4 ft height) Valuation C,D,E Site inspection (residential) $150.00 Three season and screened porches Valuation + SC + PC Window installation (commercial) Valuation + SC + PC ($150.00 minimum + $1.00 SC) Window installation (residential) Valuation + SC Plumbing - commercial (new or existing) Valuation + SC + PC ($150.00 minimum + $1.00 SC) Plumbing (existing residence) Valuation + SC ($75.00 minimum + $1.00 SC) Plumbing (new residence) Valuation + SC + PC ($150.00 minimum + $1.00 SC) Reroof (commercial) Valuation + SC + PC ($150.00 minimum + $1.00 SC) Reroofing (existing residence) Valuation + SC ($150.00 minimum + 1.00 SC) Tenant occupancy $100.00 + $1.00 SC Tenant finish Valuation + SC + PC Water heater $75.00 + $1.00 SC Water softener $75.00 + $1.00 SC 10-3-8A Fire Department lock box - exterior mounted $175.00 + tax 10-3-9A,B Fire inspection - commercial $50.00/commence fourth inspection, first 3 free Fire inspection - suppression/alarm Valuation ($125.00 minimum) 10-4-10D1 Rental units - residential: Multiple family/apartment $150.00/building + $10.00 per unit Single family/townhomes $100.00 per year 10-4-10D2 Rental unit inspection fee (after 1st reinspection) $50.00 per occurrence 10-4-13F Compliance order reimbursement Cost of remedy and administration (time + materials + equipment) 10-5-3 Numbering buildings violation Petty Misdemeanor Sign Regulations: 10-7-7B1a Temporary and/or portable signs $35.00 per 14 days 10-7-8 Advertising device - billboard Valuation + PC + SC Advertising device renewal fee $75.00 annually Business sign permit Valuation + PC + SC Change of advertising device Valuation + PC + SC 10-7-9B Sign Code violation $200.00 Vacant Building Registration: 10-8-5 Vacant building registration $100.00 annually 10-8-6C Vacant building securing by City Cost of time + materials + equipment + tax 10-8-6D Vacant building mowing lawn by City $150.00 fee + $50.00/hour per man hours and $50.00/hour per piece of equipment (1 hour minimum) + tax or full cost of contract work + tax 10-8-8 Penalty for failure to register a vacant building $100.00 per month Agenda Page 34 City of Albertville Meeting of December 6, 2021 Ordinance No. 2021-14 Page 11 Section Subject Fee/Escrow/Penalty Subdivision Regulations: 11-2-7A Administrative subdivision $400.00/$1,500.00 Sketch plan $200.00/$2,500.00 plus $50.00 per lot Preliminary plat: Residential $450.00/$5,000.00 or $250.00 per lot, whichever is greater 11-2-7A Commercial/industrial $450.00/$5,000.00 plus $500.00 per lot; whichever is greater Final plat $400.00/$2,500.00 Park dedication: Residential $3,630.00 per residential unit 11-2-7A Commercial $9,020.00 per acre subdivided Industrial $2,750.00 per acre subdivided Variance/appeal $300.00/$500.00 11-2-7B Administrative fee 3.5% of all Municipal improvement costs Appendix A - Zoning Ordinance: 300.1A Rezoning $400.00 + $1,000.00 escrow 400.2A Conditional use permit: Site <4 acres $300.00 + $1,500.00 escrow Site 4 - 10 acres $300.00 + $2,500.00 escrow Site >10 acres $300.00 + $5,000.00 escrow 500.2A3a Minor variance $100.00 + $100.00 escrow 500.2B2 Major variance/appeals $300.00 + $650.00 escrow Vacations $300.00 + $1,000.00 escrow 700.2 Certificate of occupancy of zoning $200.00 800.2 Administrative enforcement $1,000.00 1000.5B Swimming pool permit Valuation + PC + SC 1000.7B1a Landscaping, general - sodding/seeding $100.00 administrative fee + escrow of $3,000.00 (minimum) or 1.5 times the cost of ground cover, whichever is greater 1000.7B1b Nongrowing season escrow 1000.7C2b Landscaping, new residential - required ground cover escrow 1000.22 Temporary outdoor seasonal sales $50.00 per event 1500.4 & 1500.6A Administrative permits and minor site and building plan review $250.00 + $250.00 escrow 1500.2 & 1500.5 & 1500.6 Site and building plan review (major): Site <4 acres $300.00 + $1,500.00 escrow Site 4 - 10 acres $300.00 + $2,500.00 escrow Site <4 acres $300.00 + $5,000.00 escrow 1600.3B Special home occupation permit $100.00 1800.2A Land filling permit (in excess of 20 cu. yards): Residential - single lot $25.00 Commercial/industrial/institutional $200.00 + $1,000.00 per acre escrow Agenda Page 35 City of Albertville Meeting of December 6, 2021 Ordinance No. 2021-14 Page 12 Section Subject Fee/Escrow/Penalty 1900.3A Land excavation, grading permit (in excess of 20 cu. yards): Residential - single lot $25.00 Commercial/industrial/institutional $200.00 + $1,000.00 per acre escrow 2100.2 Essential service permit $300.00 + $1,000.00 plus $50.00 per lot escrow 2700.4A1 PUD rezoning $400.00 + $50.00 per lot + $5,000.00 escrow 2700.4C2b PUD concept plan $300.00 + $50.00 per lot + $1,500.00 escrow 2700.4D PUD development stage plan $300.00 + $1,000.00 escrow 2700.4E PUD final plan $300.00 + $1,000.00 escrow 5100.10 Flood regulations violation Not more than $1,000.00 or imprisonment not to exceed 90 days, or both, plus cost of prosecution in either case 1. Fees shall be based on an hourly rate as estimated by the City Engineer. Agenda Page 36 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY ORDINANCE NO. 2021-14 AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 (GENERAL FINANCE PROVISIONS), SECTION 3-1-3 (CITY FEES, FINES, AND RATES SCHEDULE) NOTICE IS HEREBY GIVEN that on December 6, 2021, Ordinance No. 2021-14 was adopted by the City Council of the City of Albertville, Minnesota. This ordinance sets the fees, fines, and rates for various services. NOTICE IS FURTHER GIVEN that due to the lengthy nature of Ordinance 2021-14, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the adopted ordinance amends Title 3, Chapter 1, Section 3 of the Albertville City Code and formally establishes fees, fines, and rates throughout the City Code and includes amendments to the following components: This Ordinance shall take effect on January 1, 2022. • 2% increase to water and sewer rates. • Update Fee Schedule to reflect increase in Building Department permit fees. • Delete obsolete fees (dog licensing, copies of Planning and Zoning documents, etc.) • New recycling fee beginning May 2022 per Resolution No. 2021-016 • 10% increased to park dedication fees per Park Committee recommendation. Adopted by the City Council of the City of Albertville on the 6th day of December 2021. ATTEST: /s/Kristine A. Luedke, City Clerk Publish Date: December 15, 2021 Agenda Page 37 Mayor and Council Request for Action December 6, 2021 SUBJECT: FINANCE DEPARTMENT – 2022 PROPERTY TAX LEVY AND FINAL BUDGET RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2021-053 adopting the 2022 Property Tax Levy and Resolution No. 2021-054 adopting the 2022 Final Budget. BACKGROUND: On September 9, 2021, the City Council certified a preliminary levy of $4,532,720 to Wright County. Based on the preliminary levy, Wright County has prepared and mailed projected tax statements to all residents. On Monday, December 6, the City Council will host a public hearing, known as Truth-In-Taxation, for the Council to take public comments on the proposed budget and levy. Following public comments, the City Council may approve or adjust the final levy, which is then certified to Wright County for taxes payable in 2022. Coinciding with the adoption of the City’s Levy, the City Council officially adopts a 2022 budget detailing projected revenue and expenses. KEY ISSUES: • The public Truth-in-Taxation hearing was held prior to Council approvals. • The proposed budget and levy represent a total levy increase of 4.99%. • The debt service budget has increased by $4,804, the general fund operations levy has increased by $83,644 and the capital levy increased $127,119 for the 4.99% total levy increase. • The proposed budget includes anticipated LGA funding (estimated $115,251). • Staff provides the final levy to the County Auditor no later than end of business day December 27, 2021. POLICY CONSIDERATIONS: The Council reviews and approves all budgets and tax levies. FINANCIAL CONSIDERATIONS: In reviewing the projected 2022 budget, staff anticipates maintaining the Office of the State Auditors recommendation of at least 35% of the budget in designated funds for general reserve. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • 2022 Final Budget Summary • Resolution No. 2021-053 • Resolution No. 2021-054 Agenda Page 38 12/1/2021 2021 Budget 2022 Budget Difference 21 to 22 $ Difference 21 to 22 % 31010 Current Ad Valorem Taxes 2,247,305 2,325,718 $78,413 3.49% 32100 Licenses & Permits 27,000 30,000 $3,000 11.11% 32110 Liquor Licenses 0 30,000 $30,000 0.00% 32150 Sign Permits 500 500 $0 0.00% 32210 Building Permits 100,000 150,000 $50,000 50.00% 32240 Animal Licenses 1,200 0 -$1,200 -100.00% 33401 LGA Revenue expected 115,635 115,251 -$384 -0.33% 33405 Police Aid 41,000 45,000 $4,000 9.76% 33406 Fire Aid 64,000 64,000 $0 0.00% 33422 Other State Aid Grants 700 700 $0 0.00% 33423 Municipal Maintenance Aid 11,000 11,000 $0 0.00% 34000 Charges for Services 15,000 20,000 $5,000 33.33% 34005 Engineering Review Fee - Bldg 3,000 3,000 $0 0.00% 34101 Leases - City Property 30,000 31,000 $1,000 0.00% 34103 Zoning & Subdivision Fees 2,500 2,500 $0 0.00% 34104 Plan Check Fee 65,000 65,000 $0 0.00% 34107 Title Searches 2,500 2,500 $0 0.00% 34113 Franchise Fee - Cable 74,000 70,000 -$4,000 -5.41% 34202 Fire Protection Contract Charges 433,974 468,761 $34,787 8.02% 34780 Rental Fees 15,000 15,000 $0 0.00% 34950 Other Revenues 15,000 15,000 $0 0.00% 34110 Arena 13,813 14,227 $414 3.00% 34112 Electric Franchise Fee 125,000 125,000 $0 0.00% 36210 Interest Earnings 25,000 25,000 $0 0.00% 102 Capital Levy 1,324,744 1,457,094 $132,350 9.99% General Fund Reserves 30,000 0.00% Total Revenues 4,782,871 5,086,251 $303,380 6.34% 2022 FINAL BUDGET SUMMARY COMPARISON GENERAL FUND General Fund Revenue: Agenda Page 39 2021 Budget 2022 Budget Difference 21 to 22 $ Difference 21 to 22 % 41000 General Government 40,000 60,000 $20,000 50.00% 41100 Council 47,274 54,028 $6,754 14.29% 41300 Combined Administrator/Engineer 164,350 172,756 $8,406 5.11% 41400 City Clerk 136,221 141,622 $5,401 3.96% 41440 Elections 25,000 27,000 $2,000 8.00% 41500 Finance 116,050 120,903 $4,853 4.18% 41550 City Assessor 40,100 44,000 $3,900 9.73% 41600 City Attorney 40,000 40,000 $0 0.00% 41700 City Engineer 25,000 25,000 $0 0.00% 41800 Economic Development 50,000 45,000 -$5,000 -10.00% 41910 Planning & Zoning 56,507 56,507 $0 0.00% 41940 City Hall 147,108 145,520 -$1,588 -1.08% 42000 Fire Department 557,947 601,917 $43,970 7.88% 42110 Police 835,485 860,524 $25,039 3.00% 42400 Building Department 252,724 270,036 $17,312 6.85% 42700 Animal Control 9,000 9,000 $0 0.00% 43100 Public Works - Streets 364,876 379,269 $14,393 3.94% 45000 Culture & Recreation 81,521 85,311 $3,790 4.65% 45100 Parks & Recreation 377,798 399,598 $21,800 5.77% 43160 Electric street lights 91,166 91,166 $0 0.00% 102 Capital 102 1,324,744 1,457,094 $132,350 9.99% Total Expenditures 4,782,871 5,086,252 303,381 6.34% Levy 2021 2022 Difference 21 to 22 % General Fund & EDA 2,247,305 2,325,718 3.49% Capital Levy 1,324,744 1,457,094 9.99% Total Tax Levy (Oper. Levy) 3,572,049 3,782,812 5.90% 102/601 Go Sewer Revenue 2019A 219,679 222,934 359 City Hall 05 261,208 261,770 360 Go Imp 2012A CSAH 19 26,157 26,157 358 PW Facility 04 100,499 101,486 361 Go Imp 2012A Lach 0 362 Go Imp 2012A Ind Park 84,561 84,561 468 I-94 53,000 53,000 Total Debt Service Levy 745,104 749,908 Debt Levy 0.64% Total Levy 4,317,153 4,532,720 Total Levy 4.99% General Fund Department Expenditures: Agenda Page 40 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-053 A RESOLUTION ADOPTING THE 2021 TAX LEVY COLLECTIBLE IN 2022 BE IT RESOLVED by the C ouncil of the City of Albertville, County of Wright, Minnesota, that the following sums of money be levied for the current year, collectible in 2022, upon taxable property in the City of Albertville for the following purposes: Total Levy $4,532,720 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Wright County, Minnesota. Adopted by the City Council of the City of Albertville this 6th day of December 2021. ________________________________ Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 41 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-054 A RESOLUTION ADOPTING THE 2022 FINAL BUDGET WHEREAS: the City Council of the City of Albertville has adopted a final budget; and WHEREAS: the Albertville City Council has adopted a final tax levy to be placed upon the taxable property in the City of Albertville; and WHEREAS: the Albertville City Council desires to reserve within the General Fund those monies designated as capital outlays within various budget classifications, such that those monies can be disbursed only for those capital outlays so specified within the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA: 1. The attached budget is hereby adopted as the final budget for the City of Albertville for the period January 1, 2022, through December 31, 2022. 2. All monies designated within the budget, as capital outlays shall be reserved within the Capital Reserves Fund, such that those monies can be disbursed only for those capital outlays so specified within the budget. 3. The Albertville City Council has hereby complied with Minnesota Statutes. 4. The Finance Director is hereby authorized to transmit certification of compliance with Minnesota Statutes to the Commissioner of Revenue as required. Adopted by the City Council of the City of Albertville this 6th day of December 2021. ________________________________ Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 42 Fire Department Update December 6th, 2021 GENERAL ADMINISTRATION: • Otsego Fire Study o Currently On-Going  Staff is meeting with Otsego on December 8th • Allina Medical Response Guidelines o New medical call response guidelines effective January 1st, 2022 • Fire Department Annual Meeting o Thursday, January 6th at 2000 Hours PERSONNEL UPDATES: • Hiring Process is complete o Two members in the Elk River Fire Academy GENERAL BUSINESS: • 2021 Grant Updates: o FEMA AFG Grant Application  SCBA Compressor and Fill-Station • $47,351.00 Grant Request • Capital Account for this item is under funded o MSFDA SAFER Grant Request  Reimbursable Grants from December 10th, 2020 • Initial Physical Exams o $924.50 Submitted • Turn-Out Gear o Up to $3,00 per Firefighter Agenda Page 43 Mayor and Council Request for Action December 6, 2021 SUBJECT: PLANNING – KONZ CROSSING CONDITIONAL USE PERMIT REQUEST FOR A SERVICE LANE AND OUTDOOR DINING RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2021-055 approving the Konz Crossing request for a conditional use permits for a drive through service lane and outdoor dining and a variance from the stacking length for a drive through service lane for the property located at 5703 Lachman Avenue NE. BACKGROUND: Approved in February of this year, the “Konz Crossing” retail center at 5703 Lachman NE. occupies a 2.8-acre site which consists of two, multi-tenant commercial buildings. The Phase 1 building measures 15,115 square feet in size. The proposed “Raw Table” restaurant will occupy the westernmost bay within the building and occupy a tenant bay measuring 2,951 square feet in size. Andy & Christine Konz have requested the approval of three applications associated with a proposed “Raw Table“ restaurant. 1. Conditional Use Permit to allow an accessory drive-through service lane. 2. Variance from the minimum vehicle stacking requirement for a drive-through service lane. 3. Conditional Use Permit to allow accessory outdoor dining. KEY ISSUES: • The subject site is zoned B2-A, Special Business which lists “restaurants” as a permitted use and “accessory drive-through service lanes” and "accessory outdoor dining facilities” as conditional uses. • With the exception of required drive through service lane stacking, the drive through service lane design meets the City standards. • The applicant has requested a variance from the drive through service lane stacking length. The justification for the variance is that the service lane will not have a menu board or order station to allow on-site food orders. All food orders shall be taken by phone or email with the service lane used for pre-ordered meal pick up. This operational method will offer faster turnover, without customer waiting within the service lane for orders. • With the exception of exterior lighting outdoor dining area meets the design requirements of the City zoning. • The proposed outdoor lighting consists of a string of lights that are not 90 degree cutoff fixtures. The proposed light fixtures and the location of the restaurant presents no nuisance issues for surrounding land uses. Agenda Page 44 Mayor and Council Request for Action – December 6, 2021 Planning - Konz Crossing Conditional Use Permit Requests Page 2 of 2 POLICY/PRACTICES CONSIDERATIONS: The Planning Commission held a public hearing and considered the development applications at their November 9, 2021, meeting and recommended approval of each of the development requests with the conditions outlined in the attached resolution FINANCIAL CONSIDERATIONS: There are no significant financial issues related to the site and building plan. The applicant shall be responsible for all costs associated with the development of the approved site and building plans. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to approve the site and building plans, conditional use permit and variance by a majority vote of the City Council. Responsible Person: Alan Brixius, City Planning Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2021-055 • November 3, 2021 Planning Report Agenda Page 45 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-055 A RESOLUTION APPROVING A REQUEST FOR, CONDITIONAL USE PERMITS FOR A DRIVE THROUGH SERVICE LANE AND OUTDOOR DINING AND A VARIANCE FROM THE REQUIRED LENGTH FOR A DRIVE THROUGH SERVICE LANE FOR KONZ CROSSINGS PROPERTY LOCATED AT 5703 LACHMAN AVENUE NE WITHIN THE CITY OF ALBERTVILLE WHEREAS, Andy and Christine Konz have filed an application and submitted plans for the development of a commercial building on Lots 1 LeBeaux Station along with conditional use permits for a drive through service lane and outdoor dining and a variance from the required length for a drive through service lane. Said site is located at 5703 Lachman Avenue NE in Albertville; and WHEREAS, City staff has reviewed submitted plans and prepared a Planning Report dated November 3, 2021; and WHEREAS, the Albertville Planning Commission met and held a public hearing on November 9, 2021, to consider the application for the conditional use permits for a drive through service lane and outdoor dining and a variance from the required length for a drive through service lane; and WHEREAS, upon considering the application materials, November 3, 2021, Planning Report and public testimony, the Planning Commission closed the public hearing and recommended that the City Council approve the requested conditional use permits for a drive through service lane and outdoor dining and a variance from the required length for a drive through service lane with the conditions outlined in the November 3, 2021, Planning Report; and WHEREAS, the Albertville City Council met on December 6, 2021, to consider the Konz Crossing development applications; and WHEREAS, the Albertville City Council has received the application materials which included the conditional use permits for a drive through service lane and outdoor dining and a variance from the required length for a drive through service lane, the City staff review documents; the Planning Commission recommendation; and agrees with the findings and recommendation of the Planning Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the Konz’s requests for conditional use permits for a drive through service lane and outdoor dining and a variance from the required length for a drive through service lane based on the civil plan set dated October 12, 2021, architectural plans dated September 01, 2021, and conceptual floor plans dated October 21, 2021, for the property legally described as Lots 1 Block 1 LaBeaux Station Addition with the following conditions. Agenda Page 46 City of Albertville, MN Resolution No. 2021-055 December 6, 2021 Page 2 Conditional Use Permit for Accessory Drive-through Service Lane and Variance from the required stacking distance for an Accessory Drive-through Service lane. Approval of a conditional use permit to allow an accessory drive-through service lane and a variance from the required stacking distance for a drive through service lane as illustrated in Civil plans dated October 12, 2021, and architectural drawing dated September 01, 2021, for Konz Crossing at 5703 Lachman Avenue subject to the following conditions: 1. The City approves the requested variance from the minimum vehicle stacking requirement for a drive-through service lane subject to: • The drive-through lane shall function solely as a pick-up lane for previously placed orders received either via phone or online. • There will be no menu board or order station shall be allowed or constructed with the service lane. • Applicant shall submit a directional sign plan for the drive through service lane to direct traffic and to make customers aware that there is no on-site ordering of food or beverages at the service lane. • The drive-through service lane shall provide stacking space for a minimum of four vehicles as illustrated on the submitted site plan. 2. The proposed drive-through lane shall be curbed with a minimum setback of two feet from the outdoor dining area fence. 3. If new lighting is proposed along the west side of the building, all lighting fixtures must be 90 degree cutoff fixture with a shielded light source. 4. Site grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. Conditional Use Permit for Accessory Outdoor Dining Approval of a conditional use permit to allow accessory outdoor dining based on the civil plans dated October 12, 2021, and the architect drawings dated September 1, 2021, and the outdoor dining conceptual floor plan dated October 21, 2021, subject to the following conditions: 1. An exit gate is to be provided for the outdoor dining area so customers may exit the dining area without passing through the building, such gate shall be marked as “exit only” and have a crash bar latch. 2. City approves of the proposed string of light within outdoor dining area. Applicant shall provide a plan illustrating how the lights will be installed and demonstrate how electricity will be provided to the outdoor light fixture. Said lighting plan shall be approved by the City Building Inspector. Agenda Page 47 City of Albertville, MN Resolution No. 2021-055 December 6, 2021 Page 3 3. The outdoor dining area shall be surfaced with concrete, bituminous or decorative pavers or other flooring material that provides a clean, attractive, and functional surface. 4. The City approves the outdoor dining area finding the overall Konz Crossing parking count to be adequate with the drive-through service lane. 5. Property owners shall pick up litter within one hundred feet of the outdoor dining area. 6. No outdoor music events shall be allowed except upon receipt of a permit per Section 5- 5-3 of the Albertville City Code. 7. No electronic amplified outdoor music, intercom, audio speakers, or other noise generation devices shall be allow within the outdoor dining area. 8. No outdoor bar, cooking facility, food preparation or holding area shall be established with the conditional use permit. Adopted by the City Council of the City of Albertville this 6th Day of December 2021. ________________________________ Jillian Hendrickson, Mayor ATTESTED: ________________________ Kristine A. Luedke, City Clerk Agenda Page 48 NORTHWEST ASSOCIATED CONSULTANTS,INC. __________________________________________________________________ 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: November 3, 2021 RE: Albertville - Konz Crossing (Raw Table Restaurant) • Conditional Use Permit for Accessory Drive-through Service Lane • Variance from Stacking Space Requirement for an Accessory Drive-through Service Lane • Conditional Use Permit for Accessory Outdoor Dining FILE: 163.06 - 21.08 BACKGROUND Andy & Christine Konz have requested the approval of three applications associated with a proposed “Raw Table“ restaurant intended to occupy space within the recently approved “Konz Crossing” retail center located north of 57th Street NE and west of Lachman Avenue NE (5703 Lachman Avenue NE). Approved in February of this year, the “Konz Crossing” retail center occupies a 2.8-acre site which consists of two, multi-tenant commercial buildings. The Phase 1 building, within which the “Raw Table” restaurant is proposed, measures 15,115 square feet in size. The proposed “Raw Table” restaurant would occupy the westernmost bay within the building and occupy an area measuring 2,951 square feet in size. To facilitate the development proposal, approval of the following applications has been formally requested: 1. Conditional Use Permit to allow an accessory drive-through service lane. 2. Variance from the minimum vehicle stacking requirement for a drive- through service lane. 3. Conditional Use Permit to allow accessory outdoor dining. Agenda Page 49 The subject site is zoned B2-A, Special Business which lists “restaurants” as a permitted use and “accessory drive-through service lanes” and "accessory outdoor dining facilities” as conditional uses. Attached for Reference: Exhibit A: Site Plan Exhibit B: Grading & Drainage Plan Exhibit C: Sanitary Sewer and Water Plan Exhibit D: Storm Sewer Plan Exhibit E: Storm Water Pollution Prevention Plan Exhibit F: Landscape Plan Exhibit G: Building Perspectives Exhibit H: Building Elevations Exhibit I: Floor Plan Exhibit J: Outdoor Dining Area Detail ISSUES AND ANALYSIS DRIVE-THROUGH SERVICE LANE - CONDITIONAL USE PERMIT AND VARIANCE Drive-through Service Lane Requirements. As shown on the submitted site plan, the drive-through service lane for the “Raw Table” restaurant is proposed on the west side of the building and provides stacking space for four vehicles. Within B2-A zoning districts, drive-through service lanes which are accessory to a permitted use are subject to conditional use permit processing and are allowed only if the following criteria are satisfied: A. Not less than one hundred twenty feet (120') of segregated automobile stacking must be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to sixty feet (60') per lane. Comment: As indicated above, the Ordinance stipulates that not less than 120 feet of segregated automobile stacking must be provided for the single service lane. In contrast, only 76 feet of vehicle stacking space is proposed by the applicants (which may accommodate the stacking of four vehicles). Thus, the amount of proposed stacking space is far short of that required by the Ordinance. Therefore, to accommodate the proposed amount stacking space, the processing of a variance is necessary. Approval of such variance will be made a condition of conditional use permit approval to allow an accessory drive-through lane. Agenda Page 50 Variance: The applicant is requesting a variance from the required stacking for drive through service lane, on the basis that their service lane will only be used for pick-up of call ahead food orders. There will not be a menu board or order station associated with this service lane that would allow for food orders at the site. The call in arrangement will allow time for food preparation before the customer arrives for pick up. The issue with the drive through lane is having all customers aware of how this service lane will operate. In this regarded, approval of a variance requires the following conditions. 1. There will be no menu board or order station allowed or constructed with the service lane. 2. Applicant shall submit a directional sign plan for the drive through service lane to direct traffic and to make customers aware that there is no on-site ordering of food or beverages at the service lane. Sufficient stacking is a critical component of a traditional drive through service lanes with on-site ordering. In many recent, developments we have witnessed that the City’s requirement of 120 feet of stacking is minimally sufficient. The requested drive through service lane with only 4 cars stacking can be acceptable with an order ahead operation and quick customer transactions. The aforementioned conditions are necessary to allow any variance from the City stacking standard. B. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on-site traffic circulation or access to required parking spaces. Comment: In review of the submitted site plan, some concern exists regarding the proximity of the drive-through lane to the proposed outdoor dining area to the south. In this regard, it is recommended that the following steps be taken to minimize vehicle impacts on outdoor diners: 1. The proposed drive-through lane shall be curbed with a minimum setback of two feet from the outdoor dining area. The two foot setback allows an automobile to overhang the curb without damaging the fence. 2. While some screening is proposed along the north boundary of the outdoor dining area (a six-foot-long segment of lattice screening with planters), it is recommended that screening be provided along the north boundary of the dining area (to screen the area from view of the abutting drive-through lane). At the same time, such screening efforts should maintain proper visibility for vehicles which exit the drive-through lane. Agenda Page 51 C. No part of the public street or boulevard may be used for stacking of automobiles. Comment: This is not applicable to the proposed drive through lane. D. The stacking lane, order board intercom, and window placement shall be designed and located in such a manner as to minimize glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. Comment: As a condition of both the variance and conditional use permit no menu board or order station shall be allowed or constructed with this drive through service lane. Applicant shall submit a directional sign plan for the drive through service lane to direct traffic and to make customers aware that there is no on-site ordering of food or beverages at the service lane. E. The drive-through lanes shall be screened from view of adjoining residential zoning districts and public street rights of way. Comment: This is not applicable to the proposed drive through service lane. F. Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise, and glare. Comment: The location of the restaurant and drive through service lane is in a commercial area and away from residential land uses. We do not anticipate a need to limit the hours of operation. G. A lighting and photometric plan will be required that illustrates that drive-through service lane lighting shall comply with section 1000.10 of the Ordinance. Comment: A lighting plan was approved with the overall Konz Crossing project in February, 2021 which applies to the site. The lighting plan did not have any exterior light fixtures on the west side of the building. Any additional lighting associated with the drive through lane (over the service window) must be 90 degree cutoff fixture with a shielded light source. If additional lighting is proposed on this side of the building, the exterior fixture must match the balance of the on building fixtures and meet the city code requirements. Agenda Page 52 ACCESSORY OUTDOOR DINING - CONDITIONAL USE PERMIT Accessory Outdoor Dining Requirements. As shown on the submitted site plan (Exhibit J), an accessory outdoor dining area, measuring 496 square feet is size, is proposed near the southwest corning of the building. Section 4350.4 of the City Code establishes a specific set of conditions that must be satisfied for accessory outdoor dining facilities located within B-2A Zoning Districts. The following is a listing of each condition followed by Staff comment: A. The applicant shall be required to submit a site plan and other pertinent information demonstrating the number, location, and type of all tables, refuse receptacles, and wait stations. Comment. The applicant has submitted a site plan detail which illustrates the location of tables within the outdoor dining area (see attached Exhibit J). The site plan shows seven tables with four seats at each table, resulting in a total of 28 seats. B. Access to the dining area shall be provided only via the principal building if the dining area is a full-service restaurant or tavern, including table waiting service. All exit gates shall be marked "Exit Only" and shall meet all building code requirements. Comment. Access to the outdoor dining area is proposed to occur through the restaurant. Specifically, access is proposed through a door located at the southwest corner of the building. The applicant’s building elevation (Exhibit H) indicates that the dining area will be enclosed with an attractive black metal rail with cable infills fence. Applicant will be required to provide a crash bar latch gate exit only leaving the dining area without having to travel through the building. Additionally, Staff recommends that the fence be installed a minimum of 2 feet inside the parking island curb to reduce the potential damage to the fence from automobiles traveling through the site. C. The size of the dining area is restricted to 20 percent of the gross area of the current building and shall maintain the lot requirements of the district. Comment. The footprint of the proposed outdoor dining area (496 square feet) which is approximately 17 percent of the gross floor area of the restaurant building (2,951 square feet). Thus, this requirement has been satisfied. Agenda Page 53 D. The dining area is screened from view from adjacent residential uses. Comment. The subject site is not bordered by any residential uses. Thus, the preceding screening requirement is not applicable. E. All lighting shall be hooded at ninety degrees (90°) and directed away from adjacent properties. No luminaries shall extend beyond the 90- degree cutoff. Comment. The Building perspectives show a string of lights over the outdoor dining area. This does not meet the 90 degree cutoff requirement. The proposed lights with be low intensity and will not cast glare beyond the site. In review of the applicant’s requested lighting Staff does not believe this will create nuisance light issues and maybe acceptable. The applicant will need to provide a plan showing the light mounting and demonstrate how electricity will be provided to the light fixtures. The lighting plan must be approved by the City’s Building inspector. F. No outdoor dining shall be allowed on the public sidewalk. Comment. Outdoor dining is to be confined to the proposed outdoor dining area as illustrated on the submitted site plan. In this regard, no dining activities are proposed upon a public sidewalk. G. The dining area is surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. Comment. The proposed outdoor dining area is being located on a raise parking lot island. This area shall have a concrete surface. H. A minimum width of 36 inches shall be provided within aisles of the outdoor dining area. Comment. According to the submitted patio detail (Exhibit J), a 4’-6” wide aisle is proposed between dining area tables. Thus, this requirement has been satisfied. I. Off-street parking shall be adequate for both indoor and outdoor seating areas. Comment. As part of the review of the Konz Crossing retail center application in February of this year, a conditional use permit was approved to allow joint parking for the commercial building within which the proposed restaurant is to be located, and a future commercial building located to the north. Agenda Page 54 Using the general off-street parking supply standard of one stall per 200 net square feet of retail area, it was determined that a minimum of 130 parking stalls is required between the two retail building uses. Appropriately, the approved site plans illustrate 130 parking stalls. While the proposed accessory outdoor dining facilities will not result in the loss of any parking stalls, it will add 496 square feet of dining space floor area, on a seasonal basis, to the retail center which was not originally anticipated (and therefore not calculated). If 496 square feet of floor area for the outdoor dining area is added to required off-street parking supply calculation for the retail center, three additional parking spaces would be required (using a retail area standard of one stall per 200 square feet of floor area). In review of the submitted site plans, staff believes that the drive through service lane will compensate for the need for an additional 3 parking spaces. Additionally, the mix of tenants in this multiple occupancy building will have variable parking needs. Staff finds that the available parking with the drive through service lane to be adequate to compensate for the seasonal outdoor dining area. J. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation and must be designed to prevent spillage and blowing litter. Comment. As part of previous City approvals, a shared trash handling area is to be located on the north side of the retail building within which the proposed restaurant is to be located. K. Property owners shall pick up litter within one hundred feet of the patio area. Comment. This requirement will be made a condition of conditional use permit approval. L. Live outdoor music performance shall meet the requirements of Section 5-5-3 of the City Code. Comment. No live music is proposed in conjunction with the outdoor dining activities. Any live outdoor music event will require a permit. M. No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the outdoor dining area. Agenda Page 55 Comment. No noise generating devices are proposed to be located within the outdoor dining area. The prohibition of such devices will be made a condition of conditional use permit approval. There have been recent inquiries to allow some outdoor speaker music to contribute to the atmosphere of the dining area. The code prohibition was originally drafted with the anticipation of outdoor dining area occurring in close proximity to residential uses creating nuisance issues. We ask the planning commission to give direction to City Staff as whether limited outdoor music may be acceptable for outdoor dining areas locate away or separated from adjoining residential uses. This would be separate from this application but it would apply if an ordinance change is pursued. N. No outdoor bar, cooking facility, food preparation or holding area shall be established. Comment. No food preparation activities are proposed within the outdoor dining area. The prohibition of such activities will be made a condition of conditional use permit approval. O. The City Council may limit the hours of operation. Comment. Recognizing that the subject site is not located adjacent to any residential uses, Planning Staff does not anticipate any adverse impacts which prompt a need to limit the restaurant’s hours of operation. OTHER ISSUES Building Materials. Building materials were reviewed in general as part of the retail center review in February of this year and were found to be acceptable. According to Section 4350.9 of the Ordinance, all building exterior wall finishes must be constructed of materials containing only brick, dimension stone, glass, stucco and its replicas, wood, rock faced block or aggregate precast concrete panels. As shown on the submitted building elevations, the proposed restaurant is to be finished in a combination of fiber cement siding (of varied earth tone colors), glass, stained cedar and aluminum. Proposed finish materials comply with applicable requirements of the Ordinance. Signs. As part of the previous retail center review, a comprehensive sign plan was submitted for review and was found to comply with applicable Ordinance requirements. All proposed signs, including those which relate to the proposed restaurant shall be subject to the issuance of a sign permit. Agenda Page 56 RECOMMENDATIONS Based on the preceding review, Planning Staff recommends the following: A. Conditional Use Permit for Accessory Drive-through Service Lane / Variance from the required stacking distance for an Accessory Drive-through Service lane. City Staff recommends Approval of a conditional use permit to allow an accessory drive-through service lane and a variance from the required stacking distance for a drive through service lane as illustrated in Civil plans dated 10/12/2021 and architectural drawing dated 09/01/2021 for Konz Crossing at 5703 Lachman Avenue subject to the following conditions: 1. The City approves the requested variance from the minimum vehicle stacking requirement for a drive-through service lane subject to: • The drive-through lane shall function solely as a pick-up lane for previously placed orders received either via phone or online. • There will be no menu board or order station shall be allowed or constructed with the service lane. • Applicant shall submit a directional sign plan for the drive through service lane to direct traffic and to make customers aware that there is no on-site ordering of food or beverages at the service lane. • The drive-through service lane shall provide stacking space for a minimum of four vehicles as illustrated on the submitted site plan. 2. The proposed drive-through lane shall be curbed with a minimum setback of two feet from the outdoor dining area fence. 3. If new lighting is proposed along the west side of the building, all lighting fixtures must be 90 degree cutoff fixture with a shielded light source. 4. Site grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. B. Conditional Use Permit for Accessory Outdoor Dining City Staff recommends approval of a conditional use permit to allow accessory outdoor dining based on the civil plans dated 10/12/2021 and the Architect drawings dated 09/01/2021 and the outdoor dining conceptual floor plan dated 10/21/2021 subject to the following conditions: Agenda Page 57 1. An exit gate is to be provided for the outdoor dining area so customers may exit the dining area without passing through the building, such gate shall be marked as “exit only” and have a crash bar latch. 2. City approval of the proposed string of light within outdoor dining area. Applicant shall provide a plan illustrating how the lights will be installed and demonstrate how electricity will be provided to the outdoor light fixture. Said lighting plan shall be approved by the City Building Inspector. 3. The outdoor dining area shall be surfaced with concrete, bituminous or decorative pavers or other flooring material that provides a clean, attractive, and functional surface. 4. The City approves the outdoor dining area finding the overall Konz Crossing parking count to be adequate with the drive through service lane. 5. Property owners shall pick up litter within one hundred feet of the outdoor dining area. 6. No outdoor music events shall not be allowed except upon receipt of a permit per Section 5-5-3 of the Albertville City Code. 7. No electronic amplified outdoor music, intercom, audio speakers, or other noise generation devices shall be allowed within the outdoor dining area. 8. No outdoor bar, cooking facility, food preparation or holding area shall be established with the conditional use permit. cc: Scott Dalke Maeghan Becker Mike Couri Andrew & Christine Konz Agenda Page 58 Agenda Page 59 Agenda Page 60 Agenda Page 61 Agenda Page 62 Agenda Page 63 Agenda Page 64 Agenda Page 65 Agenda Page 66 Agenda Page 67 Agenda Page 68 Agenda Page 69 Mayor and Council Request for Action December 6, 2021 SUBJECT: ADMINISTRATION – 2022 GOVERNMENT RELATIONS REPRESENTATION RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve the 2022 proposal from Stinson LLP for government relations and lobbying services. BACKGROUND: The City of Albertville has worked with Stinson since 2018 to secure funding for public infrastructure improvements. Since 2018, Stinson has guided the City through many legislative processes and helped Albertville secure over $4.5 million dollars in legislative appropriations. KEY ISSUES: • Stinson secured $2 million in 2018 for the City’s WWTP Discharge project, and $2.5 million in 2020 for the WWTP Reed Bed Elimination Project. • State funds, including general obligation bond dollars, are greatly needed to assist with many of the city’s desired (and required) infrastructure projects. • The Stinson proposal is for a term of 12 months at a cost of $2,000 per month. • It is staff’s experience that the best way to successfully secure state bonding dollar is with the assistance of a government relations team, such as Stinson LLP. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to enter into agreements for services such as lobbying. FINANCIAL CONSIDERATIONS: Funding for lobbying services has been included in the 2022 capital budget. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Stinson 2022 Engagement Confirmation Letter Agenda Page 70 Paul Cassidy 612.335.1877 DIRECT 612.335.1657 DIRECT FAX Paul.cassidy@stinson.com CORE/3505090.0002/170833427.1 w w w . s t i n s o n . c o m 5 0 S O U T H S I X T H S T R E E T , S U I T E 2 6 0 0 • M I N N E A P O L I S , M N 5 5 4 0 2 6 1 2 . 3 3 5 . 1 5 0 0 M A I N • 6 1 2 . 3 3 5 . 1 6 5 7 F A X November 9, 2021 Adam Nafstad – City Administrator, City of Albertville 5959 Main Ave. NE Albertville, MN 55301 Re: City of Albertville (“Albertville”) – 2022 Government Relations Representation Dear Adam: Thank you for selecting Stinson LLP (the “Firm”) to represent Albertville in connection with the matter described herein. We very much appreciate the confidence and trust you have placed in us, and we will do our utmost to meet your expectations. It is our Firm’s policy to confirm the scope of our engagement and our billing and payment terms. This letter contains important information regarding how we provide government relations services. 1. Identification of the Client. For purposes of this proposed engagement, the Firm’s sole client will be Albertville. Except as otherwise agreed in writing, the Firm will not be representing any other person or entity in the matter. 2. Scope of Engagement. On behalf of Albertville, we will provide the following government relations services:  Educational legislator visits to Albertville;  Day-to-day advocacy on Albertville's issues and its objectives;  Timely contact relating to political developments;  Prompt and complete reporting on the status and prognosis of key issues impacting Albertville;  Access and relationships with state government officials including state legislators, the Governor’s office and executive agencies; Agenda Page 71 November 9, 2021 Page 2 CORE/3505090.0002/170833427.1  Complete and reliable monitoring of legislative and administrative activities that we have mutually identified;  Where appropriate, assistance in drafting and development of timely information to be provided to targeted government officials; and  Analysis and interpretation of proposed legislation and administrative activity. The Firm will provide Albertville our full complement of government relations and lobbying services. I will be your primary contact on this matter and will be responsible for the day-to- day efforts undertaken on your behalf. Where appropriate, other members of the Firm's Government Relations Practice Group will be utilized on Albertville’s behalf. This proposal for government relations representation does not include legal services that we may perform on your behalf, including legal research services or extensive drafting of legislation. Such services will be billed at our standard hourly rates. 3. Costs, Vendor Fees, and Expert Fees. We will include in our statements charges for costs we incur in handling the matter, such as document reproduction, courier service, extraordinary postage, computerized research, reasonable travel expenses, and filing fees. These items will be paid by us and separately itemized on all statements to you at our actual cost and without markup. Typically, we forward third-party charges in excess of $500 directly to you for payment. With respect to all such third-party costs, including outside vendors and expert witnesses in particular, while we will retain those individuals and/or firms on your behalf, you agree to be directly responsible for all costs and fees invoiced by them and to pay the third party directly and to indemnify the Firm fully for those costs and fees. Please note that any estimates of anticipated fees and costs we may provide at your request, whether for budgeting purposes or otherwise, are only an approximation of actual fees. The fees and expenses are ultimately a function of many conditions over which we sometimes have little or no control. Any such estimate is not a maximum or minimum fee quotation, and our actual fees will be determined in accordance with the policies described above. 4. Billing and Payment. Our fixed annual fees for this engagement will be $24,000.00 and will be billed $2,000.00 monthly starting January 2022. Fees will generally be billed within 30 days following the month in which the services are rendered, and disbursements will generally be billed within 30 to 60 days after they are incurred by the Firm. Our invoices are payable within 30 days of the invoice date. If our statements are not timely paid, or payment terms satisfactory to us are not established, we reserve the right to renegotiate the terms of this engagement, to terminate it and withdraw from this representation, and/or to pursue all other remedies. If you have any questions about our fees, charges, or billing policy, please contact me or the supervisor of our Billing Department for clarification. Agenda Page 72 November 9, 2021 Page 3 CORE/3505090.0002/170833427.1 5. Advance Conflict Waiver. As always, we will follow routine legal protocols to address and avoid legal conflicts whenever possible during our representation of Albertville. As you know, Stinson represents many different clients with diverse interests. In the future, we may be asked to represent another client adverse to Albertville in a transaction or dispute that is not substantially related to the matter involved in our representation of Albertville. For that circumstance, we ask that you give us advance consent at this time to any such representation and that you waive any conflict that such a representation would present. This consent and waiver will not apply to situations in which we have obtained confidential or proprietary information in this engagement that could be used to your material disadvantage in the subsequent matter. Your signature on this engagement letter will constitute your consent and waiver. 6. Termination of this Agreement. We shall be under no obligation to undertake or continue services on your behalf if (a) we determine such services create a conflict of interest with another client or violate principles of legal ethics; or (b) you do not make payment to us when due. You may terminate our engagement at any time for any reason upon written notice to us, but subject to payment of fees and disbursements through the date of such termination, whether billed or unbilled. Once we have received your notice of termination, we will have no further responsibility to you for the handling of your legal matters. 7. Conclusion of Representation. Unless previously terminated, our representation of the Client will terminate upon our sending our final statement for services rendered in this matter. Unless we are engaged after the completion of this representation, Stinson will have no continuing obligation to advise the Client with respect to future legal developments, or otherwise monitor renewal or notice dates, or similar deadlines, which may arise from the matter for which we had been engaged. 8. Mandatory Arbitration of Disputes. Although we do not expect that any dispute between us will arise, in the unlikely event of a dispute under this engagement letter related to the fees or other charges by the Firm to you, including but not limited to, your non- payment of any amounts billed to you, or relating to the quality of our services, and except as specifically provided herein regarding the Firm’s right to obtain an attorneys lien, such dispute shall be determined by mandatory binding arbitration under Commercial Arbitration Rules of the American Arbitration Association, by one arbitrator appointed in accordance with said rules. Any such arbitration shall be held in Minneapolis, Minnesota unless the parties agree on some other location. The arbitrator shall have the discretion to order that the costs of arbitration, including fees, other costs and reasonable attorneys’ fees will be borne by the losing party. By agreeing to this provision, the Client waives its rights to a trial by jury or by a judge in court. Notwithstanding this arbitration provision, the Firm reserves and does not waive its right to elect instead to pursue under Minnesota Statutes or other applicable state law the establishment of an attorneys lien and to have a court of competent jurisdiction determine the amount of such a lien. You may wish to seek the advice of independent counsel of your own choosing before agreeing to this arbitration provision. Agenda Page 73 November 9, 2021 Page 4 CORE/3505090.0002/170833427.1 9. Review of This Letter. We ask that you review this letter carefully and let us know if you have any questions or concerns. Thank you for providing the opportunity to represent The City of Albertville before the 2022 legislature. Sincerely, STINSON LLP Paul Cassidy Director, Government Relations Practice Group Agenda Page 74