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2024-12-02 City Council Agenda Packet City of Albertville Council Agenda Monday, December 2,2024 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 A.Employee Service Award 25 Years – John Middendorf 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 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 4, 2024, regular City Council Meeting minutes as presented. 3-6 B. Approve the November 18, 2024, regular City Council Meeting minutes as presented.7-11 C. Authorize the Monday, December 2, 2024, payment of claims as presented, except bills 12 specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. D. Adopt Resolution No. 2024-41 establishing 2025 City Observed Holiday13-15 E. Adopt Resolution No. 2024-42 establishing 2025 City Council Regular Meeting Dates 16-18 rd F. Extend approval of Preliminary Plat for Albertville Plaza 3 Addition to April 30, 2025, to 19-20 allow for the complete submission of a Final Plat, at 5953 Labeaux Avenue NE. G. Approve the revisions to the City of Albertville’s Personnel Policy as presented. 21-23 H. Approve Payment Application No. 19 to Gridor Construction in the amount of $82,000 for the Wastewater System Improvements. 7. Public Hearing – None 8. Wright County Sheriff’s Office –Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) City of Albertville City Council Agenda Monday, December 2, 2024 Page 2 of 2 B. Building – None C.City Clerk –None D. Finance 1. Approve 2025 Property Tax Levy and 2025 Final Budget 24-28 (Motion to adopt Resolution No. 2024-43adopting the 2025 Property Tax Levy and Resolution No. 2024-44 adopting the 2025 Final Budget.) 2. 2025 Enterprise Budgets and Rate Information 29-30 E. Fire – None F. Planning and Zoning 1. Amend Albertville Zoning Code allowing Off-Sale Liquor as a Permitted Use 31-33 (Motion to adopt Ordinance No. 2024-08approving amendments to Section 4300, 4350, 4400 and 4500 of the Albertville Zoning Ordinance allowing off-sale liquor as a permitted commercial use in each of the commercial zoning districts in Albertville.) 2. Amend Albertville Zoning Code Chapter 5200 Planned Unit Development 34-72 District Summary (Motion to adopt Ordinance No. 2024-09 approving amendments to Section 5200, PUD Planned Unit Development Districts of the Albertville Zoning Ordinance summarizing recent amendments to commercial PUD zoning districts in Albertville and approve summary Ordinance for publication.) G. Public Works/Engineering –None H. Legal 1. AVA ThirdAdditionDeveloper’s Agreement 73-81 (Motion to approve the AVA Third Addition Developer’s Agreement.) I. Administration 1. City Administrator’s Update 82-83 10. Announcements and/or Upcoming Meetings December 9 STMA Arena Board, 6 pm December 10 Planning Commission, 7 pm December 16 Joint Powers Water Board, 6 pm December 16 City Council, 7 pm December 23 Parks Committee, 7 pm December 25 City Offices Closed in Observance of the Christmas Holiday 11. Adjournment ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES November 4, 2024 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7 pm. 2. Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hayden, Olson, and Zagorski. Staff Present: City Administrator Nafstad, Fire Chief Bullen,City Attorney Couri, Finance Director Lannes, and City Clerk Luedke. 3. Recognitions – Presentations – Introductions 4. Public Forum – None 5. Amendments to the Agenda City Administrator Nafstad requested to move 9I. under Administration entitled “Fire Protection Agreement with the City of Otsego” to 9E. under Fire. City Clerk Luedke requested to add an item 9H1. under Legal entitled “Purchase of Lots 1 and 2, Block 3, Green Haven Estates from Luanne Loewen. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the November 4, 2024, agenda as amended. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Authorize the Monday, November 4, 2024, 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. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to approve the November 4, 2024, consent agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 7.Public Hearing – None Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of November 4, 2024 8. Wright County Sheriff’s Office – Updates, reports, etc. There were no updates from the Wright County Sheriff's office. 9. Department Business A.City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Councilmember Zagorski provided an update from the Joint Powers Water Board meeting which included the approval of a rehab project for wellhead number 5. B. Building – None C.City Clerk – None D.Finance – None E.Fire 1. Fire Protection Agreement with the City of Otsego City Administrator Nafstad reported the purpose of this agenda item was to consider a request from the City of Otsego. He provided background information on the item and added that the Otsego City Administrator had sent a letter requesting the Council consider a two year agreement versus the proposed one year term. He answered questions from Council and said that the agreement was written so that it could be extended if both parties agreed. There was Council discussion the proposed changes to the Fire Protection Agreement, the terms of the agreement and the consensus was to keep the agreement at one year to keep the communication open between the two Cities. City Attorney Couri stated that if there were no changes, the last motion the Council had made regarding the Fire Protection Agreement would stand. The Council directed Staff to notify the Otsego City Administrator that the current Fire Protection agreement would stand. F. Planning and Zoning – None G.Public Works/Engineering 1. Main AvenueConcept Presentation City Administrator Nafstadpresented the draft concept plan for the Main Avenue reconstruction project. He provided an update on Xcel Energy’s plan to reroute the newfeeder line to Bathel Industrial Drive which make undergrounding on Main Avenue much easier. Nafstad explained the components of the construction improvements including the architectural elements and showed concepts of the archway over Main Ave, additional parking lots and a plaza area on both sides of the corridor with decorative lighting. Nafstad reported that construction would begin in June 2025 following Albertville Friendly City days and answered questions from Council. He said the goal was to submit a preliminary design for State Aid prior to Thanksgiving and once comments were received back the City would meet with the business owners and residents regarding the project. He said no action was required at this time; he was looking for Council’s feedback. Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of November 4, 2024 There was Council discussion regarding the proposed Main Avenue Concept plan, the archway and proposed plaza area. The Council liked the proposed concept for the Main Avenue project 2. Central Park Concept Presentation City Administrator Nafstad presented the Central Park Concept and reported that the Parks Committee had reviewed the concept and recommended it as 2025 project. He said the concept included a large archway into the park, a rubberized safety surfacing, train themed playground equipment and sidewalks around the perimeter. He also explained the concept for a decorative entrance sign with a water feature at the park’s entrance. He said the Parks Committee would like to bid the water feature as an additional item if the budget allowed. He answered questions from the Council regarding the proposed concept. He said again no action was required, he wanted to get Council’s feedback on the concept and said he would bring back further information in December. There was Council discussion regarding the proposed Central Park concept, the entrance archway, and the consensus was that the Council would like to move forward with the water feature as part of the play area improvements. The Council liked the overall proposed concept for Central Park. H. Legal 1. Purchase of Lots 1 and 2 From Luanne Loewen City Attorney Couri provided background information on the property, the purchase agreement and explained the property purchase was a way of gaining future street and utility access to the Zachman property. He provided details on the purchase agreement and said closing would be sometime in November. He asked that the Council approve the agreement and allow the City Attorney to work with the seller on the limited warranty clause. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to approve the Purchase Agreement between the City and Luanne Loewen for the purchase of Lots 1 and 2, Block 3, Green Have Estates and authorize it execution by the Mayor and the City Clerk allowing the City Attorney to work with seller on the limited warranty deed and to adopt Resolution No. 2024-33 approving the purchase of property by the City and the execution of related documents. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. I. Administration 1. City Planning Position Update City Administrator Nafstad provided an update on the discussion City staff has had with different Planning Service consultants and said he was proposing to bring to the next Council meeting a professional service contract for Ms. Jenni Faulker of Bolton & Menk. He provided background information on Ms. Faulker and reported she has many years of experience and has been attending some of the staff meetings. He further explained that the City currently uses Bolton & Menk for engineering services and answered questions from the Council regarding the service. 2. City Administrator’s Update City Administrator Nafstad presented the City Administrator’s Update which included event happening within the City. City Clerk Luedke provided an update on absentee voting for the General Election on November 5 and reported that the City has had approximately 43% of the registered voter voted. Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of November 4, 2024 Announcements and/or Upcoming Meetings November 5 General Election Day, 7 am to 8 pm November 11 City Offices closed in observance of Veterans Day November 12 Special City Council Meeting to Canvass Election Results, 5:45 pm November 12 STMA Arena Board, 6 pm November 12 Planning Commission, 7 pm November 18 City Council, 7 pm 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hayden to adjourn the meeting at 8:16 pm. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 6 ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES November 18, 2024 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7 pm. 2. Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Hayden and Zagorski. Absent: Councilmembers Cocking and Olson. Staff Present: City Administrator Nafstad, City Planner Brixius, Finance Director Lannes, and City Clerk Luedke. 3. Recognitions – Presentations – Introductions 4. Public Forum – None 5. Amendments to the Agenda City Administrator Nafstad requested to add 9I2. under Administration entitle “City/STMA School District Exchange”. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to approve the November 18, 2024, agenda as amended. Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. 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 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 October 21, 2024, regular City Council Meeting minutes as presented. B. Approve the November 12, 2024, special City Council Meeting minutes as presented. C. Authorize the Monday, November 18, 2024, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. D.Approve the Wright County Assessment Services Agreement for years 2026 through 2027. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to approve the November 18, 2024, consent agenda as submitted. Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. Agenda Page 7 City Council Meeting Draft Minutes Page 2 Regular Meeting of November 18, 2024 7. Public Hearing rd A. Public Hearing AVA 3 Addition Preliminary and Final Plat and Zoning Map Amendment City Planner Brixius presented the staff report which included background information on the applications submitted from AVA. He reported that AVA had purchased the lot adjoining their property which contained a single family home and would like to combine the two lots in to one. He added the home on the site was non-confirming use therefore staff recommended it be removed by June 30, 2025. Planner Brixius answered questions from Council. City Administrator Nafstad said the City Attorney asked that the approval be conditioned upon the development agreement approval which would be presented at the first Council meeting in December. He reported the City Attorney also recommended amending 3.b. on the Resolution to read “When Kadler Avenue is improved, AVA shall be responsible for the City of Albertville’s cost to build the street to an urban street standard.” Nafstad said AVA would like to close by the end of year and answered questions from Council regarding storage at the AVA location. Mayor Hendrickson opened the public hearing. No one requested to speak. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to close the public hearing. Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt Resolution No. 2024-35 approving the preliminary and final plat entitled AVA Third Addition as amended. Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to adopt Ordinance No. 2024-07 a zoning map amendment changing the zoning on parcel at 6748 Kadler Avenue NE from I-1 Limited Industrial district to I-2 General Industrial district as amended. Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. 8. Wright County Sheriff’s Office – Updates, reports, etc. Wright County Sheriff Deputy Cassidy provided an update on events happening within the City. 9. Department Business A.City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) There were no Council updates. B. Building – None C.City Clerk – None Agenda Page 8 City Council Meeting Draft Minutes Page 3 Regular Meeting of November 18, 2024 D.Finance 1. Approve 2024 Certification of Uncollected Utility Bills and Invoices Finance Director Lannes presented the staff report and answered questions from Council regarding the uncollected utility bills. City Administrator Nafstad provided additional information on the assessment process and answered questions from Council. Wastewater Supervisor Middendorf answered questions from Council regarding the amount of shut off notices that the City had recently delivered. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt Resolution No. 2024-36 certifying the 2024 Uncollected Utility Bills and Invoices to Wright County for Collection with Real Estate Taxes. Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. 2. Approve 2024 Driveway Improvement Assessments Finance Director Lannes presented the staff report. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to adopt Resolution No. 2024-37 adopting Driveway Improvement Assessments. Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. 3. Approve Sanitary Sewer and Municipal Water Changes for SBP Labeaux LLC City Administrator Nafstad presented the staff report and said one of the new businesses has been making significant improvements to the building. He said the property owner has requested to connect to the City’s municipal sewer as well as the municipal water line. Nafstad reported the connection would result in SAC and WAC charges of approximately $30,600 and the property owner has requested to be assessed for the charges. He reported the agreement states the payment would be made over 5 years, but added the owner has requested to pay the fees over 10 years. He answered questions from Council. The was Council discussion regarding the agreement with SBP Labeaux to assess the water and sewer charges and the consensus was to amend the terms to from 5 years to 10 years. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt Resolution No. 2024-38 adopting Assessment for Sanity Sewer and Municipal Water Charges for SBP Labeaux LLC as amended to 10 years versus 5 years. Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. 4. 2025 Enterprise Budgets and Rate Information Discussion City Administrator Nafstad introduced the item and said no action was required tonight. He reported the fees would formally be approved as part of the 2025 schedule which would be presentedfor in December. He answered questions from Council and provided additional information on the how the funds are dedicated. Agenda Page 9 City Council Meeting Draft Minutes Page 4 Regular Meeting of November 18, 2024 Finance Director Lannes reviewed the staff report and explained the current billing system process for each of the different Enterprise budgets. She reported the 2025 preliminary budget included a 3% rate increase for the sewer fund and a 6% increase for the water fund and stormwater fund. She added staff also recommends a 7% rate increase to the recycling fund because the County was no longer subsidizing the recycling operations. She said even with the proposed increases, the City would still be short in the different funds. There was Council discussion regarding the Enterprise budget funding, the proposed rate increases and fee structure amendment. Council requested Staff provide different scenarios for the Council to review of ways to make up the deficient over a period of years. 5. Approve Recycling Fund Rates Finance Director Lannes presented the staff report and answered questions from Council regarding proposed increase to the recycling rates for the remainer of the current recycling contract. City Administrator Nafstad provided additional information on the proposed fee increases. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to adopt Resolution No. 2024-39 setting the Recycling Fees for the January 2025 through May 2026 period. Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. E. Fire – None F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal – None I. Administration 1. Approve Planning Service Contract with Bolton & Menk City Administrator Nafstad presented the staff report and reported he had spoken to a number of Planning firms to replace ABCities at the end of the year and said Staff recommended Ms. Jenni Faulkner with Bolton and Menk. He detailed her background and reported the City currently uses Bolton and Menk for Engineering and GIS services. He said if Ms. Faulker was unable to attend a meeting, she had other staff members who would attend in her place. He said the Personal Committee met to discuss the transit process and the proposed rates. Nafstad asked that the Council approve the contract contingent upon the City Attorney’s review. City Planner Brixius provided additional information on Ms. Faulker and added he felt she would be an excellent fit for the City. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt Resolution No. 2024-40 approve a professional services agreement with Bolton & Menk for Planning Consultant Services contingent upon City Attorney’s review. Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. Agenda Page 10 City Council Meeting Draft Minutes Page 5 Regular Meeting of November 18, 2024 2. City/STMA School District Exchange City Administrator Nafstad presented the staff report and provided background information on the need for the restoration of the terrazzo floors at City Hall. He reported the School district currently needed a vehicle and after discussing the project with STMA School it was agreed upon the exchange of the vehicle for the finishing of the floors would be a won for both the City and the School District. He provided details and the timeline for the plan to stripe, buff and refinish the City Hall floors. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to approve transfer of a City vehicle with an approximate value of $1,500 to STMA School District in exchange for STMA School Staff providing terrazzo floor restoration at City Hall. Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. 3. City Administrator’s Update City Administrator Nafstad presented the City Administrator’s Update and said Public Works staff was anxious to get the open Public Works position filled. Announcements and/or Upcoming Meetings November 25 Joint Powers Water Board, 6 pm Parks Committee, 7 pm December 2 Truth-in Taxation Hearing, 6:15 pm December 2 City Council, 7 pm December 9 STMA Arena Board, 6 pm December 10 Planning Commission, 7 pm 10. Adjournment MOTION made by Councilmember Hayden, second by Councilmember Zagorski+- to adjourn the meeting at 8:10 pm. Ayes: Ayes: Hayden, Hendrickson, and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 11 Mayor and Council Request for Action December 2, 2024 SUBJECT:CONSENT – FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTIONTO: Authorize the Monday, December 2, 2024, 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 have reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 12 Mayor and Council Request for Action December 2, 2024 SUBJECT: CONSENT – CITY CLERK – 2025 CITY OBSERVED HOLIDAYS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following: MOTION TO: Approve Resolution No. 2024-41 establishing the 2025 City Observed Holidays. BACKGROUND: Per the Albertville Personnel Policy regarding Holidays, the legal holidays observed by all City employee is passed by resolution annually for the upcoming year. City employees may be required to use vacation or compensatory time when they are following the 4- 10 hour work week schedule. KEY ISSUES: The City’s observed holidays for the following year are passed annually by Resolution. In 2023, Juneteenth (June 19) was recognized as a new federal and state holiday. The number of hours paid per holiday are dependent on the departments work schedule based on the time of year (see attached resolution and chart). POLICY/PRACTICES CONSIDERATIONS: The City follows the general practice of observing the Holidays set by MN Statute 645.44 subd. 5 with the exception of Indigenous People’s Day, which has previously been taken as a floating holiday which was exchanged for the Friday after Thanksgiving Day. It is proposed for City Hall to close at 12 noon on Christmas Eve as stated in the Albertville Personnel Policy if it falls on a regular workday. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the Resolution setting the 2025 City Observed Holidays. LEGAL ISSUES: The City Council has the authority to set the annual holiday schedule. Responsible Person: Kris Luedke, City Clerk Reviewed by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2024-41 Agenda Page 13 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2024-41 RESOLUTION ESTABLISHINGTHE 2025 CITY OBSERVED HOLIDAYS WHEREAS, the City Council is desirous of establishing the 2025 City Observed Holidays for the City of Albertville effective December 31, 2024. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the following 2025 City Observed Holidays: New Year’s Day January 1 Martin Luther King Jr. Day January 20 Presidents’ Day February 17 Memorial Day May 26 Juneteenth June 19 Independence Day July 3 Labor Day September 1 Veterans Day November 11 Thanksgiving Day November 27 Friday after Thanksgiving Day November 28 (Public Works/Utilities/Arena) Christmas EveDecember 24 (City Hall employees – 5 hours vacation) December 24 (Public Works/Utilities – 2 hours vacation) December 24 (Arena employees) Christmas DayDecember 25 nd Adopted by the City Council of the City of Albertville this 2 day of December 2024. Jillian Hendrickson, Mayor ATTEST: Kristine Luedke, City Clerk Agenda Page 14 City of Albertville, MN Resolution No. 2024-41 Meeting of December 2, 2024 Page 2 City Hall Employees Public Works/Utilities Employees New Year’s Day, 2 hours 8 hrs Jan. 1 8 hrs Jan. 1 New Year’s Day vacation or comp-time 10 hrs Jan. 20 Martin Luther King Jr. Day 8 hrs Jan. 20 Martin Luther King Jr. Day 10 hrsFeb. 17 Presidents’ Day 8 hrsFeb. 17Presidents’ Day 10 hrs May 26 Memorial Day 9 hrsMay 26 Memorial Day 10 hrsJune 19 Juneteenth 9 hrs June 19 Juneteenth 10 hrs July 3 Independence Day 9 hrsJuly 4 Independence Day 10 hrsSept. 1 Labor Day 9 hrsSept. 1 Labor Day 10 hrsNov. 11 Veterans Day 8 hrs Nov. 11 Veterans Day 10 hrsNov. 27 Thanksgiving Day 8 hrsNov. 27 Thanksgiving Day Christmas Eve –City Hall closes Friday after Thanksgiving 0 hrs Dec. 24 at 12 pm. 5 hours vacation or 8 hrs Nov. 28 Day comp-time must be used Christmas Eve – Public Works closes at 12 pm. 2 10 hrsDec. 25 Christmas Day 6 hrsDec. 24 hours vacation or comp-time must be used 98 hrs Total 8 hrs Dec. 25 Christmas Day 98 hrs Total Arena Employees – 2 hrs Floating Holiday 8 hrs Jan. 1 New Year’s Day 8 hrs Jan. 20 Martin Luther King Jr. Day 8 hrs Feb. 17 Presidents’ Day 8 hrs May 26 Memorial Day 8 hrs June 19 Juneteenth 8 hrs July 4 Independence Day 8 hrs Sept. 1 Labor Day 8 hrs Nov. 11 Veterans Day 8 hrs Nov. 27 Thanksgiving Day 8 hrs Nov. 28 Friday after Thanksgiving Day 8 hrs Dec. 24 Christmas Eve 8 hrs Dec. 25 Christmas Day 98 hrs Total Agenda Page 15 Mayor and Council Request for Action December 2, 2024 SUBJECT: CONSENT – CITY CLERK – 2025 CITY COUNCIL MEETING DATES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Adopt Resolution No. 2024-42 establishing the 2025 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 20 – Martin Luther King Jr. Day o Monday, February 17 – President’s Day o Monday, September 1 – Labor Day The City Council meetings would normally meet on these days have been moved to the Tuesday immediately following the holiday. POLICY/PRACTICES CONSIDERATIONS: Council may choose to change, add or delete meetings as needed throughout the year and would 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. 2024-42 2025 Draft Calendar of Official Meetings Agenda Page 16 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2024-42 RESOLUTION ESTABLISHING THE 2025 CITY COUNCIL REGULAR MEETING SCHEDULE5 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 2025 regular City Council meetings: January 6 July 7 January 21 –Tuesday July 21 February 3 August 4 February 18 –Tuesday August 18 March 3September 2– Tuesday March 17 September 15 April 7October 6 April 21October 20 May 5 November 3 May 19 November 17 June 2 December 1 June 16 December 15 nd Adopted by the City Council of the City of Albertville this 2 day of December 2024. __________________________ Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 17 CITY OF ALBERTVILLE 2025 DRAFT MEETING CALENDAR JANUARYFEBRUARYMARCH SuMTuWThFSaSuMTuWThFSaSuMTuWThFSa H 1 FR 2 34 1 1 CC 6 CC 3 CC 3 57891011245678245678 ICE 13 PC 14 ICE 10 PC 11 ICE 10 PC 11 1215161718912131415912131415 H 20 CC 21 H 17 CC 18 CC 17 19222324251619202122161819202122 JP 27 PKJP 24 PKJP 24 PK 26282930312325262728232526272829 JM 31 30 APRILJUNE MAY SuMTuWThFSaSuMTuWThFSaSuMTuWThFSa CC 2 1 2345 123134567 CC 7 PC 8 FR 10 CC 5 ICE 9 PC 10 6911124678910811121314 ICE 12 PC 13 CC 16 H 19 ICE 14 13151617181911141516171517182021 CC 21 CC 19 JP 23 PK 202223242526182021222324222425262728 JP 28 PKH 26 JP 27 PK 27293025282930312930 JULYAUGUSTSEPTEMBER SuMTuWThFSaSuMTuWThFSaSuMTuWThFSa H 3 H 1 CC 2 1245 12 3456 CC 7 PC 8 CC 4 ICE 8 PC 9 69101112356789710111213 FR 17 ICE 11 PC 12 ICE 14 CC 15 13151618191013141516141617181920 CC 21 JP 22 PK CC 18 202223242526171920212223212324252627 JP 28 PKJP 25 PK 2930 2731242627282930282930 31 OCTOBERNOVEMBERDECEMBER SuMTuWThFSaSuMTuWThFSaSuMTuWThFSa CC 1 1234 1 23456 CC 6 CC 3 ICE 8 PC 9 57891011245678710111213 ICE 13 PC 14 ICE 10 H 11 PC 12 CC 15 12151617189131415141617181920 CC 20 FR 23 CC 17 JP 22 PK*H 24 H 25 192122242516181920212221232627 JP 27 PKJP 24 PKH 27~H 28 26282930312325262928293031 30 CCH City Council Meeting, 7 pm Holiday (City offices closed) AFCD ICE STMA Arena Board, 6 pm Albertville Friendly City Days JM JPJoint Power Water Board, 6 pm Joint Governance Meeting, 6 pm FR PKParks Committee, 7 pm Relief Association Quarterly Meeting, 6 pm PCPlanning Commission, 7 pm ~ City Hall Closed Thurs., PW Closed Fri. * Closed half day for holiday Agenda Page 18 Mayor and Council Request for Action December 2, 2024 SUBJECT:CONSENT – PLANNING – EXTEND TERM OF PRELIMINARY PLAT RD APPROVAL FOR ALBERTVILLE PLAZA 3ADDITION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: rd MOTION TO: Extend approval of Preliminary Plat for Albertville Plaza 3 Addition to April 30, 2025, to allow for the complete submission of a Final Plat, at 5953 Labeaux Avenue NE. BACKGROUND: On August 16, 2024, the City of Albertville approved a three-lot commercial rd preliminary plat and PUD/B-2A zoning district for a subdivision entitled Albertville Plaza 3 Addition at 5953 Labeaux Avenue NE. The Albertville Subdivision code requires the applicant to submit a final plat within 100 days of preliminary plat approval. Failure to meet this timeframe voids the preliminary plat approval. The Applicant has been working out the final plat, development plans and association documents with the City Attorney. While the project has been progressing, we are reaching the term of preliminary plat approval. Staff is requesting that the City Council extend the preliminary plat approval to April 30,2025, to allow resolution of the outstanding issues and allow for the rd submission of a Albertville 3 Addition final plat. KEY ISSUES: rd The City Council approved the Albertville Plaza 3 Addition preliminary plat and a PUD zoning district in August 2024 with specific conditions that had to be satisfied. The Albertville Plaza 3rd Addition is an extension of the previous Albertville Plaza subdivisions and is reliant on the extension of the private street and utility systems. The extension of the private street requires cross access easements between the Albertville stndrd Plaza 1, 2, and 3 Additions. The original Albertville PlazaPUD required the establishment of a Business Association to manage, maintain and repair the private street and other common elements within the subdivision. The Association must be in place and active with this project and must include all the Albertville Plaza additions. Extending the preliminary plat approval will allow the applicant to satisfy the conditions imposed on the preliminary plat and allow the project to progress to final plat. rd POLICY/PRACTICES CONSIDERATIONS: The extension of the Albertville Plaza 3 Addition approval will allow the project to proceed to the finalplat. With final plat approval a development contract will be required to allow the plat and development project to proceed. FINANCIAL CONSIDERATIONS: All required on-site, and off-site improvements shall be the responsibility of the developer. Agenda Page 19 Mayor and Council Request for Action – December 2, 2024 rd Consent – Albertville Plaza 3Addition Preliminary Plat Extension Page 2 of 2 LEGAL CONSIDERATIONS: The extension of the preliminary plat approval preserves the preliminary plat to allow for the submission of a final plat application. Responsible Person: Alan Brixius City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Agenda Page 20 Mayor and Council Request for Action December 2, 2024 SUBJECT:CONSENT - ADMINSTRATION - PERSONNEL POLICY REVISIONS MOTION TO: Approve the revisions to the City of Albertville’s Personnel Policy as presented. BACKGROUND: Revisions to the City’s Personnel Policy in sections 7.3 and 7.4, titled Overtime and Compensatory, respectively, are being recommended. The proposed revisions are intended to provide policy clarification and generally follow language recommended by the League of Mn Cities. KEY ISSUES: The revisions to the section on overtime are generally limited to language clarifications. The revisions clarify comp time use will not result in overtime pay. The section on comp time has been revised to clarify no more than 40 hours can be earned in a year. The section on comp time has been revised to include language that comp time balances will be paid out by the end of the calendar year. POLICY CONSIDERATIONS: The Mayor and City Council have the authority to set the City’s Employee Personnel Polices. The overtime and comp time policy are intended be fair to the City and its employees. FINANCIAL CONSIDERATIONS: The policy revisions have little impact on the annual budget. While City works to limit the use of overtime and comp time, it recognizes that overtime pay can be more efficient than adding staff or contracting services, and as such overtime estimates are included in the annual budget. Limiting comp time balances and providing annual pay outs on comp time balances will limit potential budget impacts. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Current Albertville Personnel Policy underline/overstruck Agenda Page 21 7.3 OVERTIME (a) In emergencies, and during peak workloads, and/or for certain events, certain City employees may be required to work overtime. (b) All overtime worked must be authorized by the appropriate Department Head or by the Chief Administrative Officer. (b) All overtime-eligible employees will be compensated at the rate of time-and-one-half for all hours worked over 40 in one workweek. Vacation, sick leave, and paid holidays do count toward Ðhours worked.Ñ Use of compensatory time does not count toward Ðhours workedÑ. (c) (c) The City and employees shall make every effort possible to limit compensatory time to essential needs. (d) Employees called out after regular working hours will be paid a minimum of one (1) hour at one and one-half (1½) times the regular hourly pay rate. (d) Employees called out after regular working hours will be paid a minimum of one hour times one and one-half (1½) times the regular hourly pay rate unless specifically excluded by the Department Head. (e) Accrued time, including vacation leave and sick leave, in excess of forty (40) hours per seven (7) day period as defined in subsection (a) of Section 7, shall be compensated for at one and one-half (1½) times the regular pay. 7.4 COMPENSATORY TIME It is the policy of the City of Albertville to maintain a policy on compensatory time off for use when overtime had been earned for work periods extending beyond the normal workweek of forty (40) hours and overtime is not being paid. (a) Compensatory time is paid time off at the rate of one-and-one-half (1½) hours off for each hour of overtime worked, Compensatory time and is subject may be granted to approval by the City Administrative Officer to permanent full-time employees for any of the following reasons: (1) Employees were required to work overtime by the City. (2) Emergencies that required employees to be called out. (3)(2) Weekend ÐOn CallÑ and ÐInspection CheckÑ duties. (4)(3) After business hours functions where the City requests the employee to be present. (b) The City and employees shall make every effort possible to limit compensatory time to essential needs. Page 20 Agenda Page 22 (c) The maximum compensatory time accumulation for any employee is 40 hours per year. Once an employee has earned 40 hours of compensatory time in a calendar year, no further compensatory time may accrue in that calendar year. All further overtime will be paid. (d) Employees may request and use compensatory time off in the same manner as other leave requests. (e) Every effort shall be made to utilize compensatory time off within the same or following pay period of its being earned. (c) Determinations as to eligibility for compensatory time shall be made by resolution of the City Council based on current federal and state laws on overtime. (d)(f) All cCompensatory time must be taken in multiples of one hour or more.. (e) Determination of daily and weekly work schedules are at the discretion of the City Council, City Administrator, and Department Head. (g) Compensatory time may be used in conjunction with vacation , sick and paid holidaysperiods; however, compensatory time used shall not result in overtime pay.. (f) (g) An employee may take the option of banking overtime in a compensatory overtime bank to a maximum of forty (40) compensatory time off hours. One and one-half (1½) hours of compensatory time off will be granted for every employee determined eligible for overtime compensation by resolution of the City Council. (h) Every effort shall be made to utilize compensatory time off within the same pay period of its being earnedCompensatory time balances shall be paid out by the end of each calendar year. State and Federal withholdings and FICA contributions apply. Page 21 Agenda Page 23 Mayor and Council Request for Action December 2, 2024 SUBJECT:FINANCE – 2025 PROPERTY TAX LEVY AND FINAL BUDGET RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2024-43 adopting the 2025 Property Tax Levy and Resolution No. 2024-44 adopting the 2025 Final Budget. BACKGROUND: On September 3, 2024, the City Council certified a preliminary levy of $5,820,438 to Wright County. Based on the preliminary levy, Wright County has prepared and mailed projected tax statements to all residents. On Monday, December 2, 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 2025. Coinciding with the adoption of the City’s Levy, the City Council officially adopts a 2025 budget detailing projected revenue and expenses. KEY ISSUES: The public Truth-in-Taxation hearing was held prior to Council approvals. The preliminarylevy in September was approved with an increase of 5.40%. The debt service budget has increased by $5,969; the general fund operations levy has decreased by $23,482 and the capital levy increased $315,880 for the 5.40% total levy increase. The proposed budget includes anticipated LGA funding (estimated $261,315). Staff provides the final levy to the County Auditor no later than end of business day December 30, 2024. POLICY CONSIDERATIONS: The Council reviews and approves all budgets and tax levies. FINANCIAL CONSIDERATIONS: In reviewing the projected 2025 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: Resolution No. 2024-43 Resolution No. 2024-44 2025 Final Budget Summary Agenda Page 24 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2024-43 A RESOLUTION ADOPTING THE 2024 TAX LEVY COLLECTIBLE IN 2025 BE IT RESOLVED by the Council of the City of Albertville, County of Wright, Minnesota, that the following sums of money be levied for the current year, collectible in 2025, upon taxable property in the City of Albertville for the following purposes: Total Levy $5,820,438 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Wright County, Minnesota. nd Adopted by the City Council of the City of Albertville this 2 day of December 2024. ________________________________ Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 25 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2024-44 A RESOLUTION ADOPTING THE 2025 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, 2025, through December 31, 2025. 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. nd Adopted by the City Council of the City of Albertville this 2 day of December 2024. ________________________________ Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 26 11/25/2024 2025 DRAFT BUDGET SUMMARY COMPARISON GENERAL FUND Difference 24 to Difference 24 to 2024 Budget2025 Budget 25 $25 % General Fund Revenue: 31010Current Ad Valorem Taxes2,744,7762,721,294-$23,482-0.86% 32000Licenses & Permits30,50030,500$00.00% 32110Liquor Licenses30,00030,000$00.00% 32150Sign Permits2,5002,500$00.00% 32210Building Permits200,000200,000$00.00% 33401LGA Revenue expected258,858261,315$2,4570.95% 33405Police Aid48,00050,000$2,0004.17% 33423Municipal Maintenance Aid11,53511,535$00.00% 34000Charges for Services18,00018,000$00.00% 34001Administrative Fee1,5001,500$00.00% 34005Engineering Review Fee - Bldg3,000250-$2,750-91.67% 34101Leases - City Property31,70031,700$00.00% 34103Zoning & Subdivision Fees2,5002,500$00.00% 34104Plan Check Fee80,00065,000-$15,000-18.75% 34107Title Searches2,5002,500$00.00% 34110Arena15,09315,546$4533.00% 34112Electric Franchise Fee130,000134,700$4,7003.62% 34113Franchise Fee - Cable60,00050,000-$10,000-16.67% 34114Gas Franchise190,000168,000-$22,000100.00% 34202Fire Protection Contract Charges589,923714,498$124,57521.12% 34780Rental Fees15,00017,000$2,00013.33% 34950Other Revenues20,00025,000$5,00025.00% 102Capital Levy2,028,1382,344,018$315,88015.57% Total Revenues6,513,5246,897,357$383,8335.89% Page 1 Agenda Page 27 Difference 24 to Difference 24 to 2024 Budget2025 Budget 25 $25 % General Fund Department Expenditures: 41000General Government70,00080,000$10,00014.29% 41100Council58,12858,128$00.00% 41300Combined Administrator/Engineer199,256208,949$9,6934.86% 41400City Clerk159,001167,890$8,8895.59% 41440Elections27,00027,000$00.00% 41500Finance 139,691148,881$9,1906.58% 41550City Assessor52,00050,000-$2,000-3.85% 41600City Attorney30,00030,000$00.00% 41700City Engineer35,00035,000$00.00% 41800Economic Development13,0005,000-$8,000-61.54% 41910Planning & Zoning56,50761,507$5,0008.85% 41940City Hall172,268171,882-$386-0.22% 42000Fire Department685,992723,401$37,4095.45% 42110Police1,216,2461,237,746$21,5001.77% 42400Building Department329,445317,487-$11,958-3.63% 42700Animal Control12,0008,000-$4,000-33.33% 43100Public Works - Streets494,290490,876-$3,414-0.69% 45000Culture & Recreation95,16790,846-$4,321-4.54% 45100Parks & Recreation529,074526,745-$2,329-0.44% 43160Electric street lights111,320114,000$2,6802.41% 102Capital 1022,028,1382,344,018$315,88015.57% Total Expenditures6,513,5246,897,356$383,8325.89% Difference 24 to 25 % Levy20242025 General Fund & EDA2,744,7762,721,294-0.86% Capital Levy2,028,1382,344,01815.57% Total Tax Levy (Oper. Levy)4,772,9145,065,3126.13% 102/601 Go Sewer Revenue 2019A218,156220,781 359City Hall 05 2012B261,699261,043 358PW Facility 04 2011C102,3020 601GO Sewer Revenue 2023114,000220,302 468I-9453,00053,000 Total Debt Service Levy749,157755,126Debt Levy0.80% Total Levy5,522,0715,820,438Total Levy5.40% Page 2 Agenda Page 28 Mayor and Council Communication December 2, 2024 SUBJECT: FINANCE – 2025 ENTERPRISE BUDGETS AND RATE INFORMATION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following information: BACKGROUND: Annually, the Enterprise Budget (water, sewer, storm water and recycling) review begins in June with staff preparing estimates and projections for the following year’s preliminary or draft budget. Staff reviews the preliminary budget and amends it monthly through October. This allows staff to see actual revenues for usage through September of each year. The enterprise budgets do not have a tax levy but rather are funded by usage and rates. In review of the 2025 budget, staff is recommending a rate increase on all enterprise funds. The proposed rate increase of 3% for sewer covers all budgeted operations, all budgeted capital and 15% depreciation, showing a shortage of $300,194. The proposed rate increase of 6% for water covers 99% of budgeted operations, but no budgeted capital or depreciation, showing a shortage of $95,646. The proposed rate increase of 6% for storm water covers 78% of budgeted operations, but no budgeted capital or depreciation, showing a shortage of $162,478. Staff was asked to run a few options to see what rates would be needed to cover budgeted operations and capital (not depreciation) for the water and storm water funds. Below are two 3-year options and two 5-year options. The water increase is based on the estimated usage for 2024. With either option, this is anestimated forecast and would need to be evaluated annually. 3 years 202520262027 Water 6%12%12% Storm Water 6%30%30% 3 years 202520262027 Water 10%10%10% Storm Water 21%21%21% Agenda Page 29 Mayor and Council Communication – December 2, 2024 Finance – Enterprise Budget Rates Page 2 of 2 5 years 20252026202720282029 Water6%9%9%9%9% Storm Water 6%16.50%16.50% 16.50% 16.50% 5 years 20252026202720282029 Water8.5%8.5%8.5% 8.5% 8.5% Storm Water 14%14%14% 14% 14% KEY ISSUES: 1. The 2025 Enterprise budgets will go into effect January 1, 2025, as presented on November 18, 2024, unless there is a request for change. POLICY CONSIDERATIONS: It is the City’s policy to review the 2025 Enterprise Budgets. FINANCIAL CONSIDERATIONS: In reviewing the Albertville projected 2025 Enterprise Budgets, staff is recommending a minimum rate increase of 3% for sewer, 6% water and 6% storm water. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Agenda Page 30 Mayor and Council Request for Action December 2, 2024 SUBJECT:PLANNING DEPARTMENT – AMEND ALBERTVILLE ZONINGCODE ALLOWING OFF-SALE LIQUOR SALES AS A PERMITTED USE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: MOTION TO: Adopt Ordinance No. 2024-08 approving amendments to Section 4300, 4350, 4400 and 4500 of the Albertville Zoning Ordinance allowing off-sale liquor as a permitted commercial use in each of the commercial zoning districts in Albertville. BACKGROUND: The Albertville zoning code has the following definitions for liquor Sales, however, neither use is listed in the commercial zoning districts. Liquor Sales, Off Sale: Licensed sale of intoxicating beverages for consumption off site. Liquor Sales, On Sale: Licensed sale of intoxicating beverages for consumption at the premises where the beverage is purchased. On Sale liquor has been limited to restaurants and not stand-alone bars. Staff is recommending that this practice continue. However, off-sale liquor should be listed as a use in the commercial zoning districts. The attached ordinance amendment lists off-sale liquor as a permitted use in each of the commercial zoning districts. KEY ISSUES: Off-sale liquor is a retail land use. Retail land uses are allowed in each of the city’s commercial zoning districts. Listing off-sale liquor in the commercial zoning districts is consistent with the other retail uses. Off-sale liquor shall continue to be required to secure a business license in addition to the zoning requirements. On-sale liquor shall continue to be limited to restaurants. This has been the past practice to avoid the establishment bars and taverns that just serve liquor. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission. They recommended the City Council approve this amendment to the City’s ordinance language. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council have the authority to approve or deny these amendments. Responsible Person: Planning/Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Planning Report dated November 06, 2024 Draft City Code Ordinance No. 2024-08 Agenda Page 31 -242-6955 PLANNING REPORT TO:Adam Nafstad FROM: Alan Brixius DATE:November 6, 2024 RE:Albertville Zoning Amendment –Off Sale Liquor FILE NO:163.05 24.04 BACKGROUND The Albertville Zoning Code has the following definitions for liquor sales, however, neither use is listed in the commercial zoning districts. Liquor Sales, Off Sale: Licensed sale of intoxicating beverages for consumption off site. Liquor Sales, On Sale: Licensed sale of intoxicating beverages for consumption at the premises where the beverage is purchased. On Sale liquor has been limited to restaurants and not stand-alone bars. Staff is recommending that this practice continue. However, off-sale liquor should be listed as a use in the commercial zoning districts. The attached ordinance amendment lists off-sale liquor as a permitted use in each of the commercial zoning districts. Attachments Zoning text amendment – Off Sale liquor CONCLUSION Staff recommends approval of the zoning code amendment. Cc. Kris Luedke Megan Becker Mike Couri Agenda Page 32 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2024-08 AN ORDINANCE AMENDING THE ALBERTVILLE ZONING CODE RELATING TO THE REGULATION OF OFF-SALE LIQUOR WITHIN THE CITY’S COMMERCIAL ZONING DISTRICTS The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Chapter 4300 B-2 Limited Business District in the Albertville City Code is hereby amended as follows 4300.2 Permitted Uses Liquor Sales, Off Sale Section 2. Chapter 4350 B-2A Special Business District in the Albertville City Code is hereby amended as follows 4350.2 Permitted Uses Liquor Sales, Off Sale Section 3. Chapter 4400 B-3 Highway Commercial District in the Albertville City Code is hereby amended as follows 4400.2 Permitted Uses Liquor Sales, Off Sale Section 4. Chapter 4500 B-4 General Business District in the Albertville City Code is hereby amended as follows 4500.2 Permitted Uses Liquor Sales, Off Sale Section 5. This amendment shall be in full force and effective upon its passage and publication. nd day of December 2024. Adopted by the City Council of the City of Albertville this 2 Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 33 Mayor and Council Request for Action December 2, 2024 SUBJECT:PLANNING – AMEND ZONING CODE SECTION 5200 PUD PLANNED UNIT DEVELOPMENT DISTRICT SUMMARY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: MOTION TO: Adopt Ordinance No. 2024-09 approving amendments to Section 5200, PUD Planned Unit Development Districts of the Albertville Zoning Ordinance summarizing recent amendments to commercial PUD zoning districts in Albertville and approve summary Ordinance for publication. BACKGROUND: In 2023, the City Council approved Chapter 5200 which summarized all the approved Planned Unit Development within the City. The individual PUD districts are illustrated on the updated zoning map. The summary is to identify the special conditions applied to each of these PUD districts. The purpose of the summary is to memorialize these PUDs within the zoning code so that future staff will not need to search through the files and/or development contracts to apply the performance standards applicable to the individual PUDs with each development application or zoning question. Since 2023, the City has processed PUD amendments for the following projects. Project Amended PUD Kix Dance SchoolAlbertville Marketplace Kinder Care daycareAlbertville Plaza 3rd nd Gravity Dance SchoolAlbertville Plaza 2 Medart Industrial Building Medart PUD Deleted Albertville Self-Storage PUD Si Senor Restaurant Prairie Run Commercial Everbrook daycare Shoppes at Town Lakes Two Future commercial Shoppes at Town Lake one With each of these projects, the City imposed specific PUD performance standards that we have documented in the Chapter 5200 amendment. KEY ISSUES: Recent commercial developments were processed as PUD district amendments requiring adjustments in Chapter 5200 of the Albertville Zoning code. Within each PUD specific land use restrictions and performance standards were applied to the specific development. The land use and performance standards are outlined in the PUD / development agreements recorded against the property. Agenda Page 34 Mayor and Council Request for Action – December 2, 2024 Planning – PUD District Summary Page 2 of 2 Any new development or zoning inquiry requires Staff to research the past files and PUD agreements to respond to property owners, residents or developers. This is very inefficient. The proposed Code amendment establishes a summary of all the PUDs to date within Chapter 5200 to allow for easy access and reference to a specific project. POLICY/PRACTICESCONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission. They recommended the City Council approve this amendment to the City’s ordinance language. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council have the authority to approve or deny these amendments. Responsible Person: Alan Brixius, City Planner Subm itted Through: Adam Nafstad, City Administrator-PWD Atta chments: Planning Report dated November 06, 2024 Draft City Code Ordinance No. 2024-09 Agenda Page 35 -242-6955 PLANNING REPORT TO:Adam Nafstad FROM: Alan Brixius DATE:November 6, 2024 RE:Albertville Zoning Amendment –PUD District Summary FILE NO:163.05 24.04 BACKGROUND In 2023, the City Council approved Chapter 5200 which summarized all the approved Planned Unit Development within the City. The individual PUD districts are illustrated on the updated zoning map. The summary is to identify the special conditions applied to each of these PUD districts. The purpose of the summary is to memorialize these PUDs within the zoning code so that future staff will not need to search through the files and/or development contracts to apply the performance standards applicable to the individual PUDs with each development application or zoning question. Since 2023, the City has processed PUD amendments for the following projects. Project Amended PUD Kix Dance SchoolAlbertville Marketplace Kinder Care daycareAlbertville Plaza 3rd nd Gravity Dance SchoolAlbertville Plaza 2 Medart Industrial Building Medart PUD Deleted Albertville Self-Storage PUD Si Senor Restaurant Prairie Run Commercial Everbrook daycareShoppes at Town Lakes Two Future commercial Shoppes at Town Lake one With each of these projects, the City imposed specific PUD performance standards that are documented in the Chapter 5200 amendment. ATTACHMENTS Zoning text amendment – PUD Summary Ordinance. CONCLUSION. Staff recommends approval of the draft zoning code amendment to Chapter 5200. Agenda Page 36 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2024-09 AN ORDINANCE ING ALBERTVILLE ZONING CHAPTER 5200, PUD-PLANNED UNIT DEVELOPMENT ZONING DISTRICTS SUMMARY, SUMMARIZING THE LAND USE AND PERFORMANCE STANDARDS FOR THE APPROVED PLANNED UNIT DEVELOPMENT ZONING DISTRICTS WITHIN THE CITY The City Council of the City of Albertville, Minnesota hereby ordains: Section 1.Chapter 5200 PUD Planned Unit Development District, Section of the Albertville City Code is hereby amended and add the underlined textand to repeal the strikeout text: 5200.1 PURPOSE: The summary is to memorialize the approved land uses and performance standard for each Planned Unit Development Zoning District within the City of Albertville, for easy reference and administration. stndrd 5200.2 Albertvillas 1 Addition, 2 Addition, 3 Addition A.USES: All permitted uses permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B.LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot AreaLot Width 30 feet10 feet20 feet 25 feet12,500 sq. feet 85 feet PUD periphery: 35 feet Wetland setback: 20 feet from ordinary high-watermark C.SPECIAL PUD CONDITIONS: Lot area: 12,500 square feet Lot width: 85 feet ththth 5200.3 Albertvillas 4Addition, 5 Addition, 6 Addition A.USES: All permitted uses permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B.LOT REQUIREMENTS AND SETBACKS: Agenda Page 37 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 2 SetbacksFrontSide (Interior)Side (Corner)RearLot AreaLot Width 30 feet 15 feet20 feet 25 feet15,000 sq. feet 90 feet PUD periphery: 35 feet C. SPECIAL PUD CONDITIONS: Lot width: 90 feet 5200.4 Albertville Medical Clinic A. USES: All permitted uses permitted accessory uses, conditional uses, and interim uses contained in the B-2 zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 35 feet 10 feet20 feet20 feet10,000 sq. feet 100 feet Building placement per development contract plan set dated 03/14/2006. Principal building/structure height: Thirty five feet (35'). Maximum site coverage: Hard surface, including buildings, eighty percent (80%). C. SPECIAL PUD CONDITIONS: Cross-parking and access easement which will allow mutual cross-parking and access between Lot 1, Block 1 in Said Plat and Lot 2, Block 1, Albertville Medical Building. stnd 5200.41 Albertville Plaza 1 and 2 Addition. A. USES: All permitted uses permitted accessory uses, conditional uses, and interim uses contained in the B-3 zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: SetbacksFrontSide (Interior) Side (Corner) Rear Lot Area Lot Width 20 feet / 35 20 feet / 35 feet abutting a 35 feet 20 feet feet abutting None 100 feet R district a R district C. SPECIAL PUD CONDITIONS: stnd All lots in the 1 and 2 Addition shall be members of the Albertville Plaza Business Association responsible for the maintenance and management of the private street and common owed amenities. Agenda Page 38 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 3 rd 5200.42 Albertville Plaza 3Addition A. USES: All permitted uses permitted accessory uses, conditional uses, and interim uses contained in the B-2A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSetback from Side Side back of curb (Interior) (Corner) Lot Lot Rear of the private Area Width street. Building 10feet/ 35 20 feet / 35 35 feet 20 feet feet abutting 35 feet feet abutting 1 Acre 150 feet a R districta R district Parking 10 feet 10 feet C. SPECIAL PUD CONDITIONS: All lots in the 3rd Addition shall be members of the Albertville Plaza Business Association responsible for the maintenance and management of the private street and common owed amenities. 5200.5 Albertville Self-Storage A. USES: Self storage per plan set dated 07/12/2022 with special PUD conditions outlined below. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 30 feet 10 feet20 feet20 feet- 100 feet 1. Building A located on said Lot 1 as shown on the Plans and Specifications for AVA Second Addition, as prepared by Landform dated 07/12/2022 may be set back no less than 8 feet from the interior side yard property line. 2. All buildings on Lot 1, Block 1 shall be constructed in the locations shown on the Plans and Specifications for AVA Second Addition, as prepared by Landform dated 07/12/2022 unless otherwise approved by motion of the City Council. 3. The Plat shall be consistent with the Plans and Specifications for AVA Second Addition, as prepared by Landform dated 07/12/2022. C. SPECIAL PUD CONDITIONS: 1. All leases for storage on said Lot 1 must prohibit the following: a. Prohibited Storage: Agenda Page 39 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 4 1.Explosives 2. Hazardous materials 3. Toxic materials 4. Flammable materials such as fuels and accelerants 5. Materials that are subject to spoilage or deterioration. b. Prohibited uses of the storage bays: 1. Residential living 2.Housing of animals 3. Conducting a business 4. Manufacturing or assembly of products. 5200.6 Cedar Creek Golf Course A. USES: Golf course per plan set dated November 17, 1997 and per the Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement recorded as document number 653050 at the Wright County Recorder’s Office, Wright County, Minnesota. B. LOT REQUIREMENTS AND SETBACKS C. SPECIAL PUD CONDITIONS: Per plans dated November 17, 1997 and per the Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement recorded as document number 653050 at the Wright County Recorder’s Office, Wright County, Minnesota. stndrd 5200.7 Cedar Creek North 1Addition, 2 Addition, 3Addition A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 30 feet 10 feet20 feet25 feet15,000 sq. feet 80 feet C. SPECIAL PUD CONDITIONS: Lot width: 80 feet Maximum 25% lot coverage Maximum building height: 35 feet stth 5200.8 Cedar Creek South 1 Addition - 5 Addition Agenda Page 40 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 5 A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 30 feet 10 feet20 feet25 feet12,500 sq. feet 80 feet C. SPECIAL PUD CONDITIONS: Lot area: 12,500 square feet Lot width: 80 feet Maximum 25% lot coverage 5200.9 Cedar Creek South 6th Addition A. USES: All detached townhomes plan set dated 10/05/2000. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 5,000 sq. 20 feet 6 feet - 15 feet - feet/unit Minimum setback from CSAH 18: 35 feet 22 feet from internal private streets 20 feet from other parcel boundary lines Building separation: 12 feet C. SPECIAL PUD CONDITIONS: Building placement per plans dated October 5, 2000. th 5200.10 Cedar Creek South 7Addition A. USES: All detached townhomes plan set dated July 30, 2001. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 5,000 sq. - - - - - feet/unit Building separation: 9 feet 25 feet setback from internal private street Agenda Page 41 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 6 10 feet setback adjacent to golf course C. SPECIAL PUD CONDITIONS: Building placement per plans dated July 30, 2001 and revised September 7, 2001. Detached accessory buildings prohibited. 5200.11 Center Oaks A.USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 30 feet 10 feet20 feet25 feet12,500 sq. feet 75 feet C. SPECIAL PUD CONDITIONS: Lot area: 12,500 square feet Lot width: 75 feet nd 5200.12 Center Oaks 2 Addition A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 30 feet 10 feet20 feet25 feet12,500 feet 80 feet C. SPECIAL PUD CONDITIONS: Lot area: 12,500 square feet Lot width: 80 feet rdth 5200.13 Center Oaks 3 Addition & 4 Addition A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Agenda Page 42 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 7 SetbacksFrontSide (Interior)Side (Corner)RearLot AreaLot Width 30 feet10 feet20 feet25 feet15,000 sq. feet75 feet C. SPECIAL PUD CONDITIONS: Lot width: 75 feet 5200.14 Federated Co-ops A. USES: All permitted, conditional and accessory uses allowed within the B-3 Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. Farm supply sales and associated storage including fertilizer (dry and liquid), animal feed, seed, fuel and oil and related products per the approved site plan dated May 7, 2013. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot Area Lot Width B-3 35 feet 20 feet* 20 feet* 20 feet* - 100 feet *except not less than thirty five feet (35') when abutting an R district. C. SPECIAL PUD CONDITIONS: 1. A zero-lot line setback shall be allowed along north property lines of Blocks 1 and 2. Along all other property lines, a minimum 10 foot structure setback shall be maintained. 2. The height of new buildings and building additions shall not exceed 35 feet in height. 3. The following PUD standards shall apply: a. Any and all permitted conditional and accessory uses allowed within the B-3 Zoning District shall meet the architectural standards of Section 4400.8 of the Albertville Zoning Ordinance. b. Proposed and expanded site structures must comply with building finish material requirements of the B-3 District. c. The color of new and expanded buildings shall match the color of the principal building. d. Off-street parking areas, related drive lanes and outdoor storage areas may be surfaced in gravel. 4. Proposed fuel storage improvements/modifications shall meet all applicable requirements of the Minnesota Pollution Control Agency and City Building and Fire Codes. 5. The above ground tank meets all building and fire code requirements per the Summit evaluation report. Agenda Page 43 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 8 6.Alarm: Federated Co-Op/property owner will train their employees and have the direct dial to the police station if the monitor ever shows an issue. The alarm will go off if the tank gets hotter than 100 degrees. 7.Monitor: Federated Co-Op staff will allow the Fire Department to have access to their tank monitoring software via a mobile app. This app, which is now in use by Federated Co-Op, would allow the Fire Department to virtually “see” the tank levels and temperatures in each of the individual tanks. Access to this application would be limited to the Fire Chief’s iPad and the Fire Department’s Engine 11 iPad. 8. Federated Co-Op employees, and their transport staff, will be trained in the use of the aforementioned applications and directions on when to call 9-1-1 should any tank show any level or temperature issues. 9. Security: Federated Co-Op will bring in additional gravel in the low spots and will anchor the fence in a manner that prevents trespass under the fence. The fence anchoring will be subject to the approval of City Staff. 10. Safety training: Federated Co-Op will donate money for some additional joint training of both the fire department and its employees in the establishment of an emergency management plan for the site. 11. Site Lighting: Federated Co-Op will install dusk/dawn lighting in the loading area to provide employees with a safer loading environment. The dusk/dawn lighting will be a deterrent to site entry from outsiders. Lighting will be 90 degree cutoff light fixtures consistent with current requirements. 12. Federated Co-Op will install motion detectors on both gate areas that will activate additional lighting to deter entry or tampering. Lighting will be consistent with current City lighting requirements. 13. Electrical power will remain locked out during all non-business hours via a padlocked breaker box. Federated Co-ops will explore pass code/key code power options to provide additional protection. 14. Federated Co-Op will work with the Fire Department on finding a third party vendor to construct an Emergency Action Plan for the facility allowing both Federated Co-Op staff and the Fire Department to train under one, unified, plan. Federated Co-Op has indicated they would be willing to make a monetary donation to fund this process. Federated Co- Op shall bear the expense for the development of the Emergency Action plan specific to the site. The Action plan shall be completed within 6 months of the PUD approval. 15. Federated Co-Op will remove one of the 1000-gallon gasoline tanks from the property with the installation of the 10,000 gallon gasoline storage tank. 16. Federated Co-Op will work with the Fire Department to secure extra firefighting foam to be used solely for any incidents at the Federated Co-Op facility. Currently our foam supply comes in 5-gallon buckets and is stored at the Fire Department. The Fire Department would be comfortable having 100 gallons of foam on hand for the Federated Co-Op facility. Federated Co-Op has indicated they would be open to purchasing foam for potential use at their facility. Agenda Page 44 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 9 17.The entire tank field shall be an interim use for the property and shall be removed from the site if the property changes ownership. Subsequent, landowners may pursue and PUD Amendment to retain the tank field subject to the tank field meeting all current building, fire, and zoning codes in place at the time of change in ownership and compliance with the conditions of this ordinance. 18. With this zoning amendment Federated Co-Op shall be limited to not more than 7 liquid fuel storage tanks having a storage capacity greater than 10,000 gallons and 2 liquid fuel storage tanks not to exceeding 1000 gallons storage capacity per the site plan approved on August 19, 2019, located on parcel PID# 101-500-012-131. Any additional storage tanks or site alterations for any of the Federated Co-Op holdings will require a separate PUD amendment. 5200.15 Fehn Property A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the I-2 zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district, except for the following, which shall be permitted notwithstanding the provisions of the I-2 district: Two principal buildings shall be allowed on Lot 1, Block 1 of Said Plat, provided such buildings are constructed in accordance with the Site Plan and the Building Plan set dated December 23, 2020 revised March 15, 2021. Setbacks for such buildings shall be as shown on the Site Plan dated December 23, 2020 revised March 15, 2021. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 30 feet 10 feet20 feet20 feet- 100 feet All buildings on said Lot 1 shall be constructed in the locations shown on the Site Plan dated December 23, 2020 revised March 15, 2021 unless otherwise approved by motion of the City Council. The minimum lot area within the I-2 District shall be determined by the criteria for parking, loading, minimum yards and setback requirements and building coverage described for this district. Maximum site coverage: Hard surface, including buildings: Eighty five percent (85%). Maximum building height shall not exceed forty-five feet (45') except by conditional use permit. C. SPECIAL PUD CONDITIONS: 1. Outdoor storage of aggregate, sand, and soils (but not soils contaminated with hazardous substances) shall be permitted on Lot 2 of Said Plat, provided the following restrictions are complied with: Agenda Page 45 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 10 a.Lot 2, Block 1 of Said Plat shall not be further subdivided while it is being used for outdoor storage and crushing. If Lot 2 is further subdivided, the outdoor storage and crushing operations shall no longer be permitted. b. The use of said Lot 1 must be used for office/constructionequipment storage and maintenance. c. No stockpiles shall be located within 400 feet of 1) the west property line, or 2) the Barthel Industrial Drive right-of-way. Stockpiles shall not exceed 30 feet in height. d. A dust control plan for the stockpiles which plan must be approved in writing by the City Engineer to prevent the creation of nuisance conditions. e. On-site crushing of gravel, soil or concrete materials shall be limited to a two- week period between the dates of May 15th to June 15th of each year and a two- week period between the dates of October 15th to November 15th of each year. Applicant's Crushing shall be limited to the hours of 7:00 AM to 7:00 PM, Monday through Friday. Crushing on the weekend shall be prohibited. Crushing equipment shall be located east and south of the stockpiles to help mitigate noise and vibration for properties to the west and north. Applicant shall implement reasonable directives of the City Engineer to mitigate nuisance issues of noise, vibration and dust. f.If vibration from Developer's crushing operations materially interferes with the manufacturing processes of the property adjacent to and to the north of the Subject Property, Developer agrees to work with the City to implement methods to mitigate the vibration impacts on the adjoining property including but not limited to smaller crushing equipment and increased setback from the north property line for crushing operations. 2.The number of parking stalls in the locations and dimensions shown in the parking lots to the west and south of the proposed office building located on said Lot 1 as shown on the plan set dated December 23, 2020 revised March 15, 2021. In the event the City reasonably determines that more parking is required for the proper operation of the use located on Lot 1, the City may require, and developer shall construct, additional parking in an amount required by the City in the location shown to the east of the proposed shop/storage building located on said Lot 1 and the ten parking stalls shown to the west of the parking lot located west of the Office Building as shown on the plan set dated December 23, 2020 revised March 15, 2021. 5200.16 Hunters Pass Estates A. USES: Single Family dwellings, permitted accessory use allowed in the R-1A Residential Low-Density Single Family zoning district. B. LOT REQUIREMENTS AND SETBACKS: Agenda Page 46 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 11 Side Side SetbacksFront RearLot AreaLot Width (Interior) (Corner) **Variable Variable Variable 7,852 – 60 feet Not less 26,863 sq. feet 5/10 feet 20 feet 30 feet measured at than 30 Average 13,837 the required feet sq. feet front setback C. SPECIAL PUD CONDITIONS: 1. The Hunters Pass Estates lot sizes shall comply with the approved final plat. 2.The Hunters Pass Estates is an approved coved design. Lot width is measured at the required front setback line. See the Hunters Pass Estates Phase 1 required front yard setbacks summary. 3. 5 foot side yard setback garage side / 10 foot side yard setback on the side for living space. 4. The rear lot line shall be the southeast lot line for all flag lots. (Lots 8,9 Block 1 and Lots 13,14 Block 3) 5. No building, deck, or other structure may encroach into the required 30 foot wetland setback. 6. No rear yard or side yard setback variances shall be approved. nd 5200.17 Hunters Pass Estates 2 Addition A. USES: Single Family dwellings, permitted accessory use allowed in the R-1A Residential Low-Density Single Family zoning district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side Side Lot Width Rear Lot Area (Interior)(Corner) Variable Variable Variable 8,220-14,510 sq. 60 feet Not less 5/10 feet N/A30/10 feet feet measured at than 30 Average 10,725 the required feet sq. feetfront setback C. SPECIAL PUD CONDITIONS: 1. The Hunters Pass Estates 2nd Addition lot sizes shall comply with the approved final plat. 2. The Hunters Pass Estates 2nd Addition is an approved coved design. Lot width is measured at the required front setback line. See the Hunters Pass Estates 2nd Addition Phase 2 required front yard setbacks summary. 3. 5 foot side yard setback garage side/10 foot side yard setback on the side for living space. 4. Rear setbacks for Block 1 lots are 30 feet, rear yard setbacks for Block 2 and 3, lots are 10 feet. rd 5200.18 Hunters Pass 3Addition Agenda Page 47 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 12 A.USES:All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side Side Lot Width Rear Lot Area (Interior) (Corner) Variable Variable 8,728 – 16,027 sq. feet60 feet measured 30 feet5/10 feet20 feet25 feet Average at the required 11,989 sq. feet front setback C. SPECIAL PUD CONDITIONS: 1. The Hunters Pass 3rd Addition lot sizes shall comply with the approved final plat. 2. The Hunters Pass 3rd Addition is an approved coved design. Lot width is measured at the required front setback line. 3. 5 foot side yard setback garage side/10 foot side yard setback on the side for living space. 4. Rear setbacks for lots abutting Hunters Lake shall meet the required shoreland setback from Ordinary High Water Level. 5. No building, deck, or other structure may encroach into the required 30 foot wetland setback. 5200.19 Kingston Crossing A. USES: The uses on Said Plat shall be restricted as follows: 1. The uses on Lot 1 of Said Plat shall be limited to 26 residential townhome units in the configuration shown on the plan set dated November 22, 2021, including the construction and operation of the playground and dog run areas and the parking lot shown on site plan dated November 22, 2021. 2.Uses on Lot 2 of Said Plat shall be limited to a 74-unit residential apartment building constructed substantially as shown on plan set dated November 22, 2021, along with a pool, clubhouse and parking lot. 3. Uses on Lot 3 of Said Plat shall be limited to a 74-unit residential apartment building constructed substantially as shown on the plan set dated November 22, 2021. B. LOT REQUIREMENTS AND SETBACKS: Setbacks on Lots 1, 2 and 3 shall be as shown on the plan set dated November 22, 2021. C. SPECIAL PUD CONDITIONS: Lots 1, 2 and 3 of Said Plat shall be subject to an easement agreement which shall include provisions substantially accomplishing the following objectives: 1. Lots 1, 2 and 3 of Said Plat shall have full use of the private drive and parking areas on Said Plat extending from 53rd Street to CSAH 19 as shown on the approved plans dated November 22, 2021 (collectively, "Private Drive"), including a shared cross-parking Agenda Page 48 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 13 easement for Lot 3 of Said Plat to use the parking lot to be built on Lot 2 of Said Plat. In addition, in the event the City Council deems it necessary, Developer shall allow Lot 1 of Heuring Meadows Commons to also use said Private Drive for ingress and egress, provided that said access shall be made in the location shown on the approved site plan dated November 21, 2021. At such time as Lot 1 of Heuring Meadows Commons connects to the Private Drive, said Lot 1 of Heuring Meadows Commons and the lots on Said Plat shall share the costs ofmaintaining the Private Drive. The Private Drive shall be maintained by the Developer in good repair at all times similar to the manner in which the City maintains its residential streets. 2. At the time the final plat is recorded, unless such an agreement has already been recorded and burdens the property in Said Plat, Developer shall record an easement agreement at the Wright County Recorder's Office that shall be binding upon Lots 1, 2 and 3 of Said Plat. Sucheasement agreement shall meet the approval of the City Attorney andthe City Engineer, which approval shall not be unreasonably withheld, shall provide for access to the Private Drive by Lot 1 of Heuring Meadows Commons at such time as may be required by the City, and shall require the maintenance of said Private Drive in good repair at all times similar to the manner in which the City maintains its residential streets. Said Private Drive shall not be maintained by the City and shall remain a private road. 5200.20 Marketplace A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the B-3 zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses. The uses on Lot 4, Block 1 shall be limited to a restaurant using at least 4,000 square feet of enclosed building space, and other uses in the remainder of the building as are allowed under the City’s B-3 zoning district. If a motor fuel station (with or without a convenience store and car wash) is located on Said Plat, it may only be located on Lot 2, Block 1 of Said Plat. B. LOT REQUIREMENTS AND SETBACKS: Building locations per Marketplace Planned Unit Development/Conditional Use Agreement dated 08/07/2007. C. SPECIAL PUD CONDITIONS: Shared parking across Lots 1-4, Block 1. 5200.21 Medart PUD A. USES: Uses are limited to use allowed in the I-2 General Industrial District B. LOT REQUIREMENTS AND SETBACKS: 1. Lot area: The minimum lot area within the I-2 District shall be determined by the criteria for parking, loading, minimum yards and setback requirements and building coverage described for this district. Agenda Page 49 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 14 2. Lot width: One hundred feet (100') 3. Setbacks: a. Front yard: Thirty feet (30'). b.Side yard: 1.Corner lot: Twenty feet. 2.Interior lot: Ten feet (10'). c.Rear yard: Twenty feet (20'). 4. Maximum site coverage: Hard surface, including buildings: Eighty five percent (85%). 5. Maximum building height shall not exceed forty-five feet (45') except by conditional use permit. C.SPECIAL PUD CONDITIONS: 1. The city approves PUD flexibility for a gravel fire lane around the north and east side of the building per the approved site plan. The gravel drive aisle shall be designed to meet the 2020 Minnesota State Fire Code, Fire Apparatus Access Road for all-weather access standards. The gravel fire land shall be improved to a paved surface by October of 2035 or with the future building addition whichever is sooner. 2. The City approves PUD flexibility to allow the initial construction of 73 parking stalls west of the building with the 141 proof of parking stalls provided the following conditions. i. On-site parking shall be limited to approved parking stalls. Parking shall be prohibited on-street, within the drive lanes, loading areas, or unpaved surfaces. ii. The applicant shall construct additional parking, meeting the city zoning standards upon notification from the city. Additional parking will be required if the on-site parking is insufficient to meet the parking demand. iii.All parking shall be designed and constructed to meet City parking standards. iv. The site plan shows a total of 214 parking stalls this requires 6 disability stalls. The site plan must be revised to show the location and design of the 6 disability stalls. 5200.22 Outlets at Albertville (East & West) A. USES: Uses limited to the special PUD conditions below. B. LOT REQUIREMENTS AND SETBACKS: Setbacks per approved plan sets dated: Phase 1 06/30/1998 Phase 2 06/30/1998 Phase 3 09/26/2002 revised 10/17/2002 C. SPECIAL PUD CONDITIONS: Agenda Page 50 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 15 The following uses shall be allowed on all lots and outlotsof the Outlets at Albertville and the Outlets at Albertville Second Addition Plat: 1. Antique or gift shop. 2. Art and school supplies. 3. Auto accessory store. 4. Bakery goods and baking of goods for retail sales on the premises. 5.Bath and bedding sales. 6. Books, office supplies or stationary stores. 7. Camera and photographic materials. 8. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks. 9.Carpet, rugs and tile. 10.Coin and philatelic stores. 11.Computers and computer accessories sales and service. 12.Convenience store without gasoline sales. 13.Costume, clothes rental. 14.Delicatessen. 15.Department and discount stores. 16.Drug store. 17.Florist shop. 18.Furniture stores. 19.Furriers when conducted only for retail trade on premises. 20.Garden supply stores. 21.Gift or novelty store. 22.Hobby store. 23.Household appliance sales and repair. 24.Jewelry stores. 25.Kitchenware sales. 26.Leather goods and luggage stores. 27.Paint and wallpaper sales. 28.Record-music shops. 29.Restaurants and on and off-sale liquor. 30.Sewing machine sales and service. 31.Shoe stores. 32.Sports and exercise equipment sales. 33.Wearing apparel and clothing stores. 34.Hospitality Businesses are permitted as an Interim Use within the Lot 1, Block 1, Outlets of Albertville Second Addition Planned Unit Development with the following conditions: a. Number: No more than two (2) Hospitality Businesses shall be located within Lot 1, Block 1 Outlets of Albertville Second Addition. b. Size: Individual Hospitality Businesses shall be limited to a maximum occupancy of three hundred (300) people at a single event. c. Hospitality Businesses shall obtain building permits and Certificate of Occupancy for building modifications needed to change the building occupancy from retail to assembly. Agenda Page 51 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 16 d.The siting of the Hospitality Business within the Outlets Promenade shall demonstrate appropriate required parking and traffic patterns that do not interfere with Outlet Mall operations or negatively impact surrounding land uses. e. The term of the Hospitality Businesses interim use shall be limited to three (3) years from the date of Certificate of Occupancy. Said use may be renewed upon request of the applicant and approval of the City Council. No overnight storage or display shall be allowed outside any building for any of the uses listed above. 5200.23 Parkside Commercial Center A. USES: Uses outlined in special PUD conditions below. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 35 feet 10 feet20 feet20 feet10,000 sq. feet 100 feet Building placement per approved plans dated 03/15/2005. C. SPECIAL PUD CONDITIONS: Permitted uses: 1. The Animal Veterinary Clinics shall be allowed in all three buildings (#10904, #10900, and #11004) and shall read as followings: Animal veterinary clinics (small animal) (with no overnight care) (no pet boarding), as regulated by chapter 2300 of this ordinance. 2. The Government and Public-Related Office Uses shall be allowed in all three buildings (#10904, #10900, and #11004). 3. The Service Business Uses (on-site services only) shall be allowed in all three buildings and shall be limited to the approved (and excluded) list of onsite service businesses: General Office, including the following: a. Insurance Agency b. Travel Agency c. Accounting/Bookkeeping firms d. Management companies e. Bank/Credit Union/Depository institutions f. Financial Planner g. Investment Banker h. Loan production office i. Appraisal Firm j. Title Insurance Company k. Mortgage Loan Company l. Small loan company m. Realty Company/Agency Agenda Page 52 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 17 n.Real Estate development office o. Architectural firm p. Engineering firm q. Laboratory/Research offices r. Telemarketing s. Collection Agency Medical Use, including the following: a. General practice physician b. Dental practice c.Medical specialty use d. Eye care offices/with associated retail products e. Orthodontist f. Chiropractic g. Psychiatric/Family Counseling h. Hearing aid examination with associated retail products i. Other medical or dental related use as may be approved by City Professional Service Use, including the following: a. Hair & beauty salon (no nails only) b. Student Learning Center c. Physical Therapy d. Physical Fitness (limited to 2,000 square foot maximum) e. Occupational Therapy Approved Service Businesses: a. Copy/printing services b. Event planning c. Photographic studio d.Appliance or electronic repair e. Tailor f. Travel agency or bureau g. Advertising/consultants or agency h. Personnel/Staffing service i. Bail Bonds j. Construction management offices k. Business consultants l. Computer/networking consultants m. Payroll services n. Credit counseling offices o. Electrologist/Skin care services p. Transportation logistical services q. Home inspection service r. Private investigation service s. Equipment leasing service t. Massage therapy Agenda Page 53 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 18 u.Tax preparation service v. Video tape/DVD duplication transfer service Service Businesses EXCLUDED from approved uses: a.Laundromat b. Dry cleaners c. Funeral home/mortuary d. Banquet Hall e. Conference center f. Prosthetic device fabrication g.Tattoo/body piercing establishment h. Tanning salon 4. Assembly Uses shall be subject to an Administrative Permit obtained prior to occupancy for Buildings #10904 and #10900, provided the following conditions are met: a. Leasehold occupancy only b. Assembly use shall be accessory to a permitted office use c. Assembly use floor area not to exceed 2,500 square feet for the entire Parkside Commercial PUD, located at Lot 2, Block 1, Parkside Commercial Center; d. No outdoor activities allowed; and e. The assembly use shall not conflict with or result in a parking shortage within the PUD site per Albertville’s parking requirements. A definition of assembly use: An accessory use to an office business where people come together, congregate or meet for the purpose of training, conducting business, education, or counseling. rdth 5200.24 Parkside 3 Addition & 4 Addition A. USES: Single family homes and permitted accessory uses, conditional uses, and interim uses contained in the R-1 zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: SetbacksFront Side (Interior)Side (Corner) Rear Lot Area Lot Width 30 feet 10 feet 20 feet 25 feet 12,500 sq. feet 90 feet Maximum lot coverage: 25% Maximum building height: 35 feet th Lots 6, 7, 8, Block 1, Parkside 4 Addition: may be 10 feet in front of setback line (may be at a point where lot width is less than 90 feet) if side yard setbacks can be met. th Parkside 4 Addition - Three lot width variances: Lots 6, 7 and 8 of Block 1. Structure locations on these lots must be placed at or behind the required front setback line which may be at a point where the lots are less than 90 feet wide, provided that minimum side yard setbacks can be met. Agenda Page 54 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 19 Corner lot width: 100 feet C. SPECIAL PUD CONDITIONS: None. 5200.25 Particle Control A. USES: Land uses shall be limited to all permitted, conditional, and accessory uses allowed within the B-3 Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. Industrial uses limited to industrial processing of dry food ingredients limited to milling, blending, air classifying, screening, packaging, warehousing, and storage per the approved site plan received December 2010 and civil plans dated July 12, 2022 and architectural plans dated July 11, 2022 shall be allowed on the site. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)RearLot Area Lot Width 35 feet 20 feet* - 20 feet** - - C. SPECIAL PUD CONDITIONS: **Rear yard setback: 12.8 feet *Side yard setback: 10 feet All buildings shall not exceed 35 feet in height. This will limit the silo height to existing standards. All permitted, conditional, and accessory uses allowed within the B-3 Zoning District shall meet the architectural standards of Section 4400.8 of the Albertville Zoning Ordinance. Industrial processing of dry food ingredients buildings may have a metal exterior finish provided the color of any new building or structure matches the color and design of the principal building. 30 and 31.8-foot curb cut widths 5200.26 Prairie Run A. USES: Single family dwellings and permitted accessory uses contained in the R-1 Residential Single Family District. B. LOT REQUIREMENTS AND SETBACKS: LOTS 1-15 BLOCK 1 AND LOTS 1-13 BLOCK 2 Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 20/25 50/10 5/10 feet N/A10,000 sq. feet 65 feet feet feet Agenda Page 55 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 20 1.20 foot front yard setback to the principal structure / 25 foot front yard setback to the garage. 2. 5 foot side yard setback garage side / 10 foot side yard setback on the side for living space. 3. 50 rear yard setback from County Road 18 / 10 foot setback from wetland boundary. 4. Lot area and width as approved with Prairie Run final plat. LOTS 14-38 BLOCK 2 Setbacks Front Side (Interior) Side (Corner)Rear Lot AreaLot Width 50/10 12,000/10,000 30 feet 10 feet 20 feet 90 feet feetsq. feet 1. 12,000 sq. feet minimum gross lot area / 10,000 sq. feet net buildable lot area. C. SPECIAL PUD CONDITIONS: None. 5200.27 Preserves at Albertville A. USES: The purpose of the PAA/PUD district is to provide for single-family detached residential dwelling units and directly related complementary uses per approved PUD Final Stage development plans and Final plat dated 07/21/2021. The following are permitted uses in a PAA/PUD district: 1. Single-family detached dwelling units 2. Neighborhood common ownership clubhouse, pool, Private Park/playground/recreation facilities. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner)Rear Lot Area Lot Width Interior: 50 25/50 feet 25 feet5 feet 20 feet6,000 sq. feet feet*Corner: 65 feet th *Rear setback for lots abutting 50 Street: 50 feet Patios and decks shall meet the minimum building setbacks Maximum building height: 35 feet Maximum lot coverage: No structure or combination of structures or hard cover shall occupy more than fifty-five percent (55%) of the lot area. C. SPECIAL PUD CONDITIONS: 1. Prohibited uses: a. Detached accessory buildings. Agenda Page 56 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 21 b.Fences except fences as part of the buffer yard along 50th Street. c. Outdoor storage as addressed in Section 1000.15 2.The houses within the PAA/PUD District shall meet the following minimum design standards. a. House exterior finish materials match the home models approved with the Preserve at Albertville planned unit development. b. Minimum garage size shall 480 sq. ft. c.Each slab on grade house shall provide for a storm protection room. 3. The sale of individual lots within the subdivision shall be prohibited unless the developer first establishes a Common Interest Community (CIC) over all numbered lots within Said Plat and over Outlots A, B, and E with rules and maintenance requirements which will be applied to each lot, the private street (Outlot B) and the common areas of the plat (including Lot 21, Block 2, the clubhouse lot) and the ponds (Outlots A and E). The CIC and all rules, bylaws and recording documents shall be subject to the review and approval of the City Attorney prior to their recording. A change to allow individual lot ownership shall require the Developer to apply for and receive an amendment to the PUD zoning to ensure that issues related to outdoor storage, accessory structures etc. are addressed to the satisfaction of the City. The City may record at the Wright County Recorder’s Office a separate notice against all lots in Said Plat detailing the requirements of this paragraph 2.N. 4. The Developer shall provide storm protection acceptable to the City for each home that does not have a basement. 5. Developer shall construct, operate and maintain a clubhouse and pool for the benefit of the residents of Said Plat for so long as Said Plat contains single family homes. Construction of Said clubhouse and pool shall be completed within one year of the date of this Agreement. 6. The streets, sidewalks, curb, gutter and storm sewer systems shall remain privately owned and privately maintained by the Developer in a manner similar to how the City maintains its public streets and sidewalks abutting single family homes. Developer shall maintain such roads, curb, gutter and sidewalk in a reasonably safe and passable manner at all times. Developer shall prepare and keep updated a 5-year road, curb, gutter and sidewalk maintenance plan and shall provide such plans to the City on request by the City but at least once every five years if the City has not requested such plan within the prior five years. 7. All lots shall have free access and use of the road and sidewalks located on Outlot B. Neither developer nor any future owner of Outlot B shall unreasonably obstruct or otherwise deny the use of the road or sidewalk to any resident living on any lot in Said Plat. 5200.28 Shoppes at Prairie Run A. USES: The uses on all lots of Said Plat shall be limited to uses that are permitted under the City's B-2 zoning ordinance. Agenda Page 57 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 22 B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 35 feet 10 feet20 feet20 feet10,000 sq. feet 100 feet Lot 1 Block 1 shall be developed consistent with the site plan dated 07/16/2024 as may be amended. Lot 2 Block 1 shall be developed consistent with the site plan dated 10/04/2004 revised 12/14/2004. Lot 3, Block 1 shall be developed consistent with the site plan dated 07/30/2024. C. SPECIAL PUD CONDITIONS: Cross easement parking between Shoppes at Prairie Run 2 Lots 1, 2, 3 Block 1. 5200.29 Shoppes at Towne Lakes One A. USES: All permitted uses permitted accessory uses, conditional uses, and interim uses contained in the B-2A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. Uses on Lot 1 of Said Plat shall be limited to a restaurant permitted under the City’s B-2A zoning ordinance. Uses on Lot 5 of Said Plat shall be limited to a “sit-down” (non-fast food) restaurant otherwise permitted under the City’s B-2A zoning ordinance. No other type of use on said lot shall be allowed under this agreement without a modification to this agreement. The use of Lot 6 shall be limited to a motel permitted under the City’s B-2A zoning ordinance. No other type of use on said lot shall be allowed under this agreement without a modification to this agreement. Uses on Lots 1, 2, 3, and 4 shall comply with the City’s B-2A zoning ordinance except where flexibility from the provisions of such ordinance has been granted via this PUD. B. LOT REQUIREMENTS AND SETBACKS: All minimum building setbacks shall be as follows: 1. For Lot 2, a minimum building setback of 20 feet from West Lake Town Drive and Linwood Drive right of ways shall apply. 2. For Lot 3, a minimum building setback of 25 feet from Wright County State Aid Highway 19 shall apply, provided Developer constructs the building shown on the plan set dated 10/06/2003 and revised 09/17/2004 in the configuration and of substantially the same materials as shown. 3. For Lot 4, a minimum building setback of 20 feet from Langford Drive and all private streets shall apply. 4. For Lot 5, a minimum building setback of 25 feet from the private street along the west property line and 30 feet along the north property line shall apply. Agenda Page 58 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 23 5.For Lot 6, a minimum building setback of 29 feet, 4 inches from Langford Drive shall apply for the main portion of the building, provided that an attached structure as shown on the plan set dated 10/06/2003 and revised 09/17/2004, housing an indoor pool may be constructed at a minimum building setback of 20 feet from the right of way of Langford Drive. 6. For any of the lots on Said Plat, if a minimum setback along one of the private streets has not been otherwise specified, such minimum setback shall be at least 20 feet. C. SPECIAL PUD CONDITIONS: A reduction of 24 parking stalls in combined parking on Lots 5 and 6 based on the building square footages shown on the plan set dated 10/06/2003 and revised 09/17/2004 and based on the use of Lot 5 as a sit down restaurant and Lot 6 as a motel is hereby approved. For Lots 1, 2, 3 and 4, the combined parking requirements shall exceed those required in the B- 2A zoning district by a total of 7 parking spaces as shown on the plan set dated 10/06/2003 and revised 09/17/2004. A conditional use is granted to allow impervious surfaces to exceed the 25% maximum allowed under the City’s shoreland ordinance provided the property is developed in accordance with the terms of this Ordinance, and provided that the following requirements are implemented as to all development which occurs on Said Plat: 1. No building shall exceed 25 feet in height, except the building to be placed on Lot 6, which shall not exceed 40 feet and 1 inch in height (as defined under the City’s zoning ordinance). A variance is hereby granted from the height provision of the City’s shoreland ordinance to allow the building to be constructed on Lot 6 to a height not to exceed 40 feet and 1 inch. 2. The City may impose reasonable building requirements on any building not detailed on the plan set dated 10/06/2003 and revised 09/17/2004 in an effort to reduce visibility of the building from the public waters of adjacent shorelands by vegetation, topography, and building color. 3. For each lot upon which impervious surface will exceed 50% of the lot area, all buildings must be set back at least 300 feet from the ordinary high water mark of School Lake or must implement and maintain rain gardens, depressions, storage and filtration systems in a manner that reduces the storm water runoff for each such lot to a total volume that would be achieved if the impervious surface lot coverage were less than 50% of the lot area. 5200.30 Shoppes at Towne Lakes Two A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the B-2A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. The uses on Lot 2 and 3 Block 1 of Said Platshall be limited toa restaurant under the uses allowed in City’s B-2A zoning ordinance, subject to the following restrictions: Developer agrees that the restaurant located on Lot 2, Block 1 of Said Plat shall be at least 4,000 square feet in size; Agenda Page 59 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 24 The restaurant located on Lot 2, Block 1 shall be a free standing, single use building (i.e. the building shall be occupied by no more than one use and one user at any given time); Lot 2 and 3 Block 1 shall be developed consistent with the architectural floor plan dated 03/13/2023, building elevations plan dated 02/01/2022 and civil plans dated 03/06/2024 as may be amended. Lots 3 and 5, Block 1. The use on Lot 3, Block 1 of Said Plat shall be limited to a restaurant permitted under the City’s B-2A zoning ordinance, subject to the following restrictions: Developer agrees that the restaurant located on Lot 3, Block 1 of Said Plat shall be at least 8,000 square feet in size and shall be restricted to a “sit- down” restaurant otherwise permitted in the City’s B-2A zoning district. For purposes of this Agreement, a “sit-down” restaurant means a restaurant in which customers seated at individual tables order and are served food by waiters and/or waitresses and no more than a total of 15% of food sales are pick-up, delivery, and carry-out orders which are eaten at off-premise locations. The building constructed on this lot shall not be permitted to have a drive-up window where customers can order or pickup food from their cars; The restaurant located on Lot 3, Block 1 of Said Plat may provide an outdoor dining area in direct connection to the sales within said restaurant. Restaurants located on Lot 3, Block 1 and Lot 2, Block 1 shall be free standing, single use buildings (i.e. each building shall be occupied by no more than one use at any given time) The exact locations, configurations and building designs of restaurants located on Lot 3, Block 1 and Lot 2, Block 1 are subject to approval by City Council. B. LOT REQUIREMENTS AND SETBACKS: Side Setbacks Front Side (Interior)Rear Lot Area Lot Width (Corner) B-2A 35 feet 10 feet* 35 feet* 20 feet* 1 acre150 feet *Except not less than thirty five feet (35') when abutting an R district or adjacent to a public street. The B-2A zoning district minimum setbacks shall apply to all buildings in Said Plat, except as follows: Lot 1, Block 1 a minimum building setback of 20 feet from Linwood Drive and all private streets shall apply Agenda Page 60 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 25 Lot 1, Block 1 a minimum building setback of 25 feet from County State Aid Highway (“CSAH”) 19/Labeaux Ave. right of way shall apply Lots 2 and 3, Block 1 a minimum building setback of 25 feet from CSAH 19/Labeaux Ave right of way shall apply Lot 4, Block 1 a minimum building setback of 20 feet from Linwood Drive NE and all private streets shall apply For any of the lots on Said Plat, if a minimum building setback along one of the private streets has not been otherwise specified, each minimum setback shall be at least 20 feet C. SPECIAL PUD CONDITIONS: No outdoor displays shall be permitted on any property within said plat, outdoor dining is allowed per City Code and shall not be considered an outdoor display. stnd 5200.31 Towne Lakes 1 Addition & 2Addition A. USES: Single family dwellings that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 15-20 feet* 5-10 feet** 15/20 feet*** 25 feet**** - - *Front setback to porch: 15 feet/Front setback to garage: 20 feet. **Side yard setback interior: 10 feet from living space/garage may be 5 feet from property line provided that there is 15 feet between structures on adjoining lot. ***Side yard setback corner to garage: 20 feet ****Rear setback to lakeshore: 50 feet C. SPECIAL PUD CONDITIONS: Lot area to match final plat. Lot widthto match final plat. rd 5200.32 Towne Lakes 3Addition A. USES: Single family dwellings that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) RearLot AreaLot Width 15-24 feet* 5-10 feet** 15/20 feet 25 feet - - Agenda Page 61 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 26 *Front yard setback to garage: 24 feet/Front yard setback to porch: 15 feet **Side yard setback to garage: 5 feet/10 feet living space/15 feet between dwellings Garage recessed a minimum of 9 feet from front of house Side yard setback corner garage: 20 feet C. SPECIAL PUD CONDITIONS: The Towne Lakes 3rd Addition shall be subject to the master homeowner’s association established with the Towne Lakes 1st and 2nd Additions. th 5200.33 Towne Lakes 4 Addition A. USES: Townhomes per plan set approved (11/17/2003) that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: SetbacksFrontSide Side Lot Width RearLot Area (Between Buildings) (Corner) 15/11 feet* 25 feet** 20 feet 25 feet*** - - **Building separation: Units 22, 23, 27, 28 block 2 : 17 feet **Building separation: Units 4, 5, 10, 11, block 1 : 20 feet ***Rear setback to alley: 20 feet ***Rear setback to driveway off alley: 25 feet *Front yard setback from private driveway: 15 feet to garage/11 feet to porch C. SPECIAL PUD CONDITIONS: The Towne Lakes 4th Addition shall be subject to the master homeowner’s association established with the Towne Lakes 1st and 2nd Additions. th 5200.34 Towne Lakes 5 Addition A. USES: Single family dwelling uses that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: SetbacksFront Side (Interior) Side (Corner)Rear Lot Area Lot Width 15-24 15/24 5-10 feet** 25 feet - - feet* feet*** *Front yard to garage: 24 feet/15 feet to porch Agenda Page 62 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 27 **Side yard to garage interior lot: 5 feet/10 feet dwelling/15 feet between houses Garage recessed minimum of 9 feet from front of house ***Side yard to garage corner lot: 24 feet C. SPECIAL PUD CONDITIONS: The Towne Lakes 5th Addition shall be subject to the master homeowner’s association established with the Towne Lakes 1st and 2nd Additions. th 5200.35 Towne Lakes 6 Addition A. USES: Townhomes per architectural plan set dated 06/01/2017 and site plan dated 06/02/2017. Single Family dwellingspermitted accessory use allowed in the R-1A Residential Low-Density Single Family zoning district on Lots 1-5, Block 2 Towne Lake 6th Addition. B. LOT REQUIREMENTS AND SETBACKS: LOTS 1-42 BLOCK 1. (Townhomes) Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width Per the Per the 16/22 8 feet between 12/8 feet** N/A approved final approved feet* buildings plat final plat *16 foot setback from public street, 22 foot setback from the private drive. The townhomes shall maintain a minimum of 8 foot setbacks between buildings. **12 foot side yard setback from public streets, 8 foot setback from private streets. LOTS 1-5 BLOCK 2. (Single family homes) SetbacksFront Side (Interior)Side (Corner) Rear Lot Area Lot Width 15/24 5/10 feet** N/A25 feet9,357 sq. feet 65 feet feet* *15 foot front yard setback for porch or house, 24 foot setback between garage and the front lot line. **5 foot setback for garage and 10 foot setback for living space of the house, 15 feet between homes on adjoining lots. C. SPECIAL PUD CONDITIONS: 1. Townhome building designs and exterior finish per building plans date 06/01/2007. 2. Private streets shall be signed “no parking / fire lane”. 3. Townhome units shall have a minimum garage size of 440 sq. ft. 4. The Towne Lakes 6th Addition shall be subject to the master homeowner’s association established with the Towne Lakes 1st and 2nd Additions. Agenda Page 63 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 28 th 5200.36 Towne Lakes 7Addition A. USES: All single family dwellings that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: SetbacksFrontSide (Interior)Side (Corner)RearLot AreaLot Width 15-24 feet* 5/10 feet** 15 feet 25 feet*** - - *Front yard setback to garage: 24 feet/Front setback to porch 15 feet **Side yard setback to garage: 5 feet/10 feet living space/15 feet between dwellings Garages recessed a minimum of 9 feet from front of house ***Rear yard setback Lot 1, Block 4 & Lot 5, Block 5: 10 feet C. SPECIAL PUD CONDITIONS: The Towne Lakes 7th Addition shall be subject to the master homeowner’s association established with the Towne Lakes 1st and 2nd Additions. nd 5200.37 Westwind 2 Addition A. USES: All single family dwellings, permitted accessory uses, conditional uses, and interim uses contained in the R-3 zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: SetbacksFront Side (Interior)Side (Corner) Rear Lot Area Lot Width 20 feet10 feet30 feet30 feet9,000 sq. feet* 80 feet C. SPECIAL PUD CONDITIONS: *Minimum lot area 9,000 square feet rd 5200.38 Westwind 3 Addition A. USES: All townhomes per approved plans dated 02/14/2008 defined in this ordinance that are consistent with the comprehensive plan shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks FrontSide (Interior) Side (Corner)Rear Lot AreaLot Width 35 feet* 15 feet** - 30 feet - - *35 foot front yard setback from frontage road Side yard setback along public Right of Way (ROW): 20 feet Agenda Page 64 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 29 **15 foot sideyard setback from west lot line 10 foot sideyard setback from east lot line Building location shall be per approved site plan dated 02/14/2008 C. SPECIAL PUD CONDITIONS: Use and site design limited to 02/14/2008 approved site plan. 5200.39 6737 Labeaux Avenue A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the B-2A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. Light manufacturing/industrial permitted. B. LOT REQUIREMENTS AND SETBACKS: SetbacksFront Side (Interior)Side (Corner) Rear Lot Area Lot Width 35 feet 10 feet 35 feet 20 feet 1 acre150 feet C. SPECIAL PUD CONDITIONS: 1. Within the approved PUD/B-2A shall follow the conditions set forth below: a. All future tenant changes shall meet all building and fire code requirements for their building occupancy classification prior to occupancy. b. The site shall abide by all B-2A zoning restrictions. c. The applicant shall demonstrate adequate utility services for the proposed uses. If the private systems do not meet code, then connection to city utilities will be required. d. The parking shall be consistent to the submitted site plan with the following conditions: 1)The number of required parking stalls shall be determined by the tenant mix and use of floor space. 2)The parking area shall be dimensioned and striped per city code. Disability parking shall be designated and striped accordingly. 3)The parking area on the east side of the building shall be designed and constructed in full compliance with city code. Without construction details, the parking area is not approved as of the date of passage of this ordinance. 4)All areas beyond the approved parking areas shall be grassed and landscaped to define the boundaries of the approved parking area. Applicant shall provide a landscape plan that establishes a schedule for establishment of these turfed areas. 2. Within the approved PUD/B-2A, any future building expansions above and beyond the site plan must meet city code and follow the PUD/B-2A regulations. 3. Within the approved PUD/B-2A, permitted land uses shall be limited to the following: Agenda Page 65 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 30 a.All permitted uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. 4. Within the approved PUD/B-2A, permitted accessory uses shall be limited to the following: a. All permitted accessory uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. 5. Within the approved PUD/B-2A, permitted conditional uses shall be limited to the following: a. All permitted conditional uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. b.Light Manufacturing or assembly of a wide variety of products, that will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectional impact to the surrounding properties or street right of ways. 1)Required parking for the use shall be of a paved surface. 2)On-site loading and delivery shall meet the conditions of chapter 1300 of the Albertville Zoning Code. 3)All trash and or recycling equipment shall be located within a trash enclosure or within the building. 4)Proposed industries shall demonstrate that they will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectional impacts or nuisances on the adjoining properties or the environment. 6. Outdoor Storage Areas as an Interim Use Permit provided that: a.The outdoor storage area shall meet all of the performance standards of Section 1000.7 of Albertville Zoning Code. b.The outdoor storage area meets lighting standards set forth in Section 1000.15 B.5. of Albertville Zoning Code. 7. Prohibited Uses include all those set forth in Section 4350.5 of the B-2A Zoning District. 8. The minimum lot and setbacks of Section 4350.8 of the B-2A Zoning District shall apply. 9. The maximum building height shall follow the regulations in Section 4350.7 of the B-2A Zoning District. 10. Any and all permitted, conditional, and accessory uses allowed withing the B-2A Zoning District shall meet the special landscaping requirements of Section 4350.8 of the Albertville Zoning Code. 11. Any and all permitted, conditional, and accessory uses allowed within the B-2A Zoning District shall meet the architectural standards of Section 4350.9 of the Albertville Zoning Code. Agenda Page 66 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 31 12.All new tenants will have to provide enough parking for their specific land use and follow all off street parking requirements set forth in Chapter 1200 of the Albertville Zoning Code. 13.Tenants shall meet all applicable requirements of the Minnesota Pollution Control Agency and City Building and Fire Codes. Section 2. This Amendment shall be in full force and effective immediately following its passageand publication. nd day of December 2024. Approved by the Cit Council of the City of Albertville this 2 ____________________________ Jillian Hendrickson, Mayor ATTEST: ______________________ Kristine A. Luedke, City Clerk Agenda Page 67 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 32 APPENDIX Hunters Pass Estates Phase I Approved Setbacks nd Hunters Pass Estates 2 Addition Phase II Approved Setbacks Agenda Page 68 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 33 Hunter’s Pass Estates-Phase I Minimum Lot Setback Summary Minimum Setbacks are as follows: Front-30, Rear-30, Garage Side-5, Home Side-10 (All dimensions are in feet, N-North, S-South, E-East, W-West, C-Center) Minimum Front Direction of Front Side of Lot for Setback Face of Home Garage and Drive Block 1 Lot 1 30 ES Lot 2 30 EN Lot 3 30 SEN Lot 4 30 SW E Block 2 Lot 1 70 W S Lot 2 30 W S Lot 3 30 W N Lot 4 45 W N Lot 5 75 SW N Lot 6 30 SW N Lot 7 30 SEN Lot 8 30 EN Lot 9 38 NE N Lot 10 38 EN Lot 11 45 ES Lot 12 45 SEC Lot 13 65 S C Lot 14 55 SW C Lot 15 45 SW C Lot 16 32 W S Lot 17 32 NWN Lot 18 42 W N Lot 19 46 W N Block 3 Lot 1 30 S W Lot 2 30 SW E Lot 3 30 SW E Lot 4 30 SW E Lot 5 30 SW N Lot 6 30 W N Lot 7 35 NWN Lot 8 65 NWW Lot 9 140 NWW Agenda Page 69 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 34 Minimum Front Direction of Front Side of Lot for SetbackFace of HomeGarage and Drive Block 4 Lot 167EN Lot 2 60 EN Lot 3 58 EN Lot 4 58 EN Lot 5 57 ES Lot 6 48 ES Lot 7 42 NE N Lot 8 30 NE W Lot 9 30 NE W Lot 10 30 NE E (Lot 10 has 30 side setback on west side) Block 5 Lot 1 30 W C (Lot 1 has 30 side setback on west side) Block 6 Lot 1 50 W S Lot 2 50 NWS Lot 3 60 W S Lot 4 35 W S Lot 5 30 W S Lot 6 30 NWE Lot 7 30 N W Lot 8 30 NE S Lot 9 30 NE S Lot 10 30 ES Lot 11 31 SES Lot 12 32 SES Lot 13 35 SES Lot 14 30 ES Lot 15 35 ES Lot 16 36 EN Lot 17 43 EN Lot 18 50 EN Lot 19 40 SEN Lot 20 32 SEN Lot 21 30 EN Lot 22 30 NE W Agenda Page 70 City of Albertville Ordinance No. 2024-09 Meeting of December 2, 2024 Page 35 nd Hunter’s Pass 2Addition-Phase II Minimum Lot Setback Summary Minimum Front Minimum Side Minimum Side Minimum Rear Setback Setback-House Setback-Garage Setback SideSide Block 1 Lot 1 58 105 30 Lot 2 46 105 30 Lot 3 35 105 30 Lot 4 30 105 30 Lot 5 30 105 30 Lot 6 30 105 30 Block 2 Lot 1 30 105 10 Lot 2 30 105 10 Block 3 Lot 1 38 105 10 Lot 2 46 105 10 Lot 3 38 105 10 Lot 4 38 105 10 Agenda Page 71 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2024-09 AN ORDINANCE AMENDING ALBERTVILLE ZONING CHAPTER 5200, PUD- PLANNED UNIT DEVELOPMENT ZONING DISTRICTS SUMMARY. SUMMARIZING THE LAND USE AND PERFORMANCE STANDARDS FOR THE APPROVED PLANNED UNIT DEVELOPMENT ZONING DISTRICTS WITHIN THE CITY OF ALBERTVILLE NOTICE IS HEREBY GIVEN that on December 2, 2024, Ordinance 2024-09 was adopted by the City Council of the City of Albertville. This ordinance relates to the approved Planned Unit Developments (PUD) within the City of Albertville. Due to the length of the ordinance, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance amendment include the following component: Amending City Code Chapter 5200 summarizing the approved Planned Unit Development districts and the performance standards within each PUD approval. A printed copy of the full ordinance amendment is available for inspection by any person during the City’s regular office hours. nd Approved for publication by the City Council of the City of Albertville this 2 day of December 2024. ATTEST: Kristine A. Luedke Albertville City Clerk Agenda Page 72 Mayor and Council Request for Action December 2, 2024 SUBJECT:LEGAL – AVA THIRD ADDITION DEVELOPER’S AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the AVA Third Addition Developer’s Agreement. BACKGROUND: When the original AVA plat was approved, the City required that Kadler Avenue be paved, in part because a single-family house exists on the south side of the AVA plat that was not part of the AVA development and in part because AVA was going to be using Kadler Avenue for heavy deliveries in and out of the plat. The owner of AVA has since acquired the single-family house south of the original AVA plat and is now seeking to combine the single- family house with the main AVA plat and, at least for the time being, remove the standing requirement to pave Kadler Avenue. The property on the west side of Kadler Avenue accesses th from 70 Street and does not access Kadler Avenue. The Developer’s Agreement for this plat contains a number of provisions, as summarized below. KEY ISSUES: The single-family house will be removed by June 30, 2025. The billboard will remain on the property and will continue to be used as it has in the past. The Developer is required to maintain both lanes of Kadler Avenue at its expense, which would include snowplowing, graveling and grading to the same standard the City maintains its gravel roads. The Developer will use Kadler Avenue for its heavy loads in and out of the property. If the City determines that paving Kadler would be in the public interest anytime between now and December 31, 2064, the Developer must pave that portion of Kadler that is located in the City. The presumption is that Otsego would also pave its half of Kadler at the same time. If that is not the case, Kadler would likely not be paved at that time. The City will likely release the existing letter of credit if this Developer’s Agreement is approved as maintaining a letter of credit for potentially 40 years is not practical. If the Developer refused to pave Kadler Avenue, the City would likely have to sue the owner of the property, but the Developer’s Agreement allows for the City to recover it attorney fees if it must enforce the Developer’s Agreement. If the property on the west side of Kadler never accesses Kadler, and if the Developer is able to maintain gravel Kadler in a reasonable manner for AVA’s use and presuming that Kadler is not extended across I-94, then Kadler would likely not be paved. The remainder of the original AVA developer’s agreement will remain unchanged. Agenda Page 73 Mayor and Council Request for Action – December 2, 2024 Legal – AVA Third Addition Developer’s Agreement Page 2 of 2 POLICY/PRACTICES CONSIDERATIONS: The Developer’s Agreement leaves all other provisions of the original developer’s agreement in place except those dealing with Kadler Avenue as discussed above. The proposed changes reflect the fact that AVA has been able to operate adequately for the last few years with Kadler Avenue as a gravel rather than a paved road. FINANCIAL CONSIDERATIONS: The existing letter of credit will likely be released upon the execution of this Developer’s Agreement. LEGAL CONSIDERATIONS: The biggest change with this agreement is the release of the absolute requirement that Kadler Avenue be paved by a date certain. Department/Responsible Person:Mike Couri, City Attorney Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: AVA Third Addition Developer’s Agreement Agenda Page 74 CITY OF ALBERTVILLE DEVELOPMENT AGREEMENT/ CONDITIONAL USE AGREEMENT AVA THIRD ADDITION THIS AGREEMENT, referred to hereinafter as AVA Third Addition Agreement herein, entered into this _____ day of December, 2024 by and between Advanced Volumetric Alliance, LLC, a Minnesota Limited Liability Company, and Darkenwald Holdings, Ltd., a Minnesota Corporation, collectively referred to herein as “Developer”; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as “City”; WITNESSETH: WHEREAS, Developer and the City entered into an agreement entitled “CITY OF ALBERTVILLE DEVELOPMENT AGREEMENT/CONDITIONAL USE AGREEMENT AVA ADDITION”, which document was recorded as document number A1480445 at the Wright County Recorder’s Office, Wright County, Minnesota, and which is referred to hereinafter as “AVA Addition Agreement”; and WHEREAS, Developer and the City desire to enter into this AVA Third Addition Agreement to supplement the AVA Addition Agreement in such a way as to preserve the terms of the AVA Addition Agreement except as specifically modified by this AVA Third Addition Agreement; and WHEREAS, Developer and the City intend that the AVA Third Addition Agreement be read as a supplement to the AVA Addition Agreement; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, WHEREAS, in consideration of each party’s promises and considerations herein set forth, as follows: 1. AVA Addition Agreement A. The provisions of the AVA Addition Agreement, shall remain binding upon the parties except as specifically modified by the terms of this AVA Third Addition Agreement. 1 Agenda Page 75 B. The terms of the AVA Addition Agreement shall remain in full force and effect to the extent they are not in conflict with the provisions of this AVA Third Addition Agreement. 2. Modifications and Additions to the AVA Addition Agreement A. The following provisions of the AVA Addition Agreement are modified as follows: (1) Paragraph 1.H. “Plat Approval” of the AVA Addition Agreement is herein modified to read as follows: The City shall reasonably maintain the sanitary sewer lines and municipal water lines and fire hydrants located within publicly dedicated utility easements on Said Plat. In the event it is necessary for the City to excavate any portion of the easement area to maintain, repair or replace any such lines, the City shall be obligated to restore the easement area to grade with gravel and the owner of the property shall be responsible for replacing pavement and any improvements above grade. Nothing in this Agreement shall act to limit the City’s ability to finance such improvements in accordance with applicable law including Minn. Stat. Chapter 429. The City shall have full responsibility to restore pavement within the dedicated City streets on Said Plat in the event the City excavates any portion of the street to maintain, repair or replace such lines located within the street right of way. (2) Section 1.I.ii. of “Street Improvements” in AVA Addition Agreement is herein modified to read as follows: Developer accesses the Subject Property from Kadler Avenue which is currently a gravel street along the entire length of Said Plat. At some point in the future, should the City Council determine that it would be in the public interest to pave Kadler Avenue, the City may require Developer, at Developer’s expense, to pave that portion of Kadler Avenue located in the City of Albertville consistent with a construction design which shall be reflective of the street’s use and traffic volumes, for a minimum 20-year street life. The design plans of Kadler Avenue shall be subject to the review and approval of the City Engineer, and the City Engineer or his designee shall inspect the construction of Kadler Avenue to ensure its construction in accordance with the plans and specifications that shall meet the approval of 2 Agenda Page 76 the City Council. Developer shall reimburse the City for the cost of such engineering inspection. Developer’s obligation to pave Kadler Avenue as required by the City shall remain in force until December 31, 2064. As long as Kadler Avenue consists of a gravel surface, Developer shall th maintain both lanes of that portion of Kadler Avenue from 70 Street south to its terminus to the same standard as the City maintains its gravel roads at Developer’s sole expense. The City shall have sole discretion to determine if said portion of Kadler Avenue is maintained to the City’s standards for gravel roads. If Developer fails to maintain the gravel road to the City’s standard, the City must notify Developer that the road is not being maintained to the City’s standard. If Developer fails to bring the said portion of Kadler Avenue up to the City’s standards within five business days of receipt of the written notice, the City may maintain the road and Developer shall, within 30 days of billing by the City, reimburse the City for any and all costs incurred by the City in maintaining said gravel portion of Kadler Avenue to City standards. (3) Section 1.I.iii. of “Street Improvements” in AVA Addition Agreement is herein modified to read as follows: Developer shall use Kadler Avenue for business operations related to Developer’s business located on Lot 1, Block 1 of Said Plat. Developer shall establish and maintain at least one driveway entrance from Kadler Avenue to Developer’s parking lot on said Lot 1 and all trucks leaving said Lot 1 loaded with portions of prefabricated housing units shall exit said Lot 1 using Kadler Avenue. Developer shall employ good faith efforts to require its suppliers to deliver materials and supplies that are transported on trucks longer than 30 feet in length via Kadler Avenue and not via 67th Street except when Kadler is not available for use due to construction or maintenance. (4) Section 15 “Miscellaneous” is modified add Section 15.J. to read as follows: As shown in Exhibit C, as a part of this AVA Developer’s Agreement, Developer is platting and incorporating PID 1500352200 into Said Plat. PID 1500352200 is currently a residential property with a house on said parcel. Developer agrees to require that the house on said parcel be and 3 Agenda Page 77 remain unoccupied as a residence, and the house shall be razed at Developer’s sole expense no later than June 30, 2025. (5) Section 15 “Miscellaneous” is modified add Section 15.K. to read as follows: Defendant is permitted to retain the billboard located on said parcel referenced in Section 15.J. of this AVA Third Addition Agreement so long as the billboard is used in the same or substantially similar manner as it has been used in the five years prior to the date of the filing of the final plat of AVA Third Addition Agreement with the Wright County Recorder. 3. Agreement Effect A. This Agreement shall be binding upon and extend to the representatives, heirs, successors, and assigned of the parties hereto. CITY OF ALBERTVILLE By ____________________ Its Mayor By ____________________ Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this __________ day of December, 2024, by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. ________________________ Notary Public 4 Agenda Page 78 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this __________ day of December, 2024, by Kris Luedke as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. ________________________ Notary Public 5 Agenda Page 79 ADVANCED VOLUMETRIC ALLIANCE, LLC _______________________ By: Casey Darkenwald Its: President DARKENWALD HOLDINGS, LTD. _______________________ By: Casey Darkenwald Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this __________ day of __________, 2024, by Casey Darkenwald as President of Advance Volumetric Alliance, LLC, a Minnesota limited liability company, on behalf of the company. ________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this __________ day of __________, 2024, by Casey Darkenwald as President of Darkenwald Holdings, Ltd., a Minnesota corporation, on behalf of the corporation. ________________________ Notary Public 6 Agenda Page 80 DRAFTED BY: Couri & Ruppe Law Office P.O. Box 369 St. Michael, MN 55376 (763)497-1930 7 Agenda Page 81 City Administrator’s Update November 27, 2024 GENERAL ADMINISTRATION 2025 Budget: The adoption of the 2025 Property Tax Levy and Final Budget isincluded on the agenda. Please let me know if you would like any additional budget information or have any questions regarding the 2025 Budget. Fee Schedule:The 2025 Fee Schedule will be presented at the meeting on December 16 and will include proposed rate increases for the enterprise accounts.Please let me know if you would like any additional information on the 2025 Enterprise Budgets. Truth-in Taxation: The City’s Truth-in Taxation hearing is scheduled for 6:15 pm on Monday, December 2 prior to the regular City Council meeting. 2024 Audit: The preliminary audit review will begin next week,and the auditors will be back in March for the audit fieldwork. Streets and Parks Maintenance and Custodian/Building Maintenance Positions: We are currently reviewing applications for the two positions. Interviews will occur over the next two weeks and hiring recommendations will be provided at the meeting on December 16. Loewen Property:The City has closed on the property. Code/Zoning Enforcement:The City is working on several properties regarding zoning ordinance and/ornuisance ordinance violations. Generally, the violations include outdoor storage of vehicles, materials, and/or equipment, and typically include junk accumulation and illegal structures. Resident Basketball Hoops: Staff is working with a number of residents that have installed basketball hoops in the public right-of way which is a safety issue and not allowed per City Code. Notices have been mailed and follow up inspections will occur 15 days after the mailed notice. ENGINEERING/PUBLIC WORKS CR 137: Staff is reviewing the draft cost share provided by the county. The project is scheduled to begin in 2025 and be completed in 2026. It is my understanding that Costco plans to be open by the late summer 2026. Main Avenue Reconstruct: Draft plans were submitted to State Aid this week. Central Park Playground: Final design of the park improvements is underway. Agenda Page 82 Linwood Park Sport Courts: We are working with Omann Bros on a schedule for milling and overlaying the courts. City Stormwater Modeling: Staff is working on a grant application for funding to update the city-wide stormwater model to reflect development that has occurred over the 15 years and the industry standards for design. WWTF Improvements:Theproject is on track tobe substantially complete bythe end of the year Generator Improvements: The generator project remains ongoing. We are still waiting for the control cabinet for Villas lift station. Once we have the cabinet, the Contractor will be able to pour the pads for the cabinet and generator. The concrete pads for the generator and switch gear at thefire hall werepouredthis past month. Thegenerators for thefire hall and Villas Lift Station are expected to arrive bythe end of the year. Lift Station Upgrades:Public Works is working on 4 lift stationupgrades.Generally,upgrades are related to control panels and electrical components. Eligible expenses can be paid with ARPA funds otherwise are paid with enterprise capital reserves. City Administrator’s Update Page 2 of 2 November 27, 2024 Agenda Page 83