2020-04-20 City Council Agenda Packetslbcrtvijje
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Zoom Meeting Link:
City of Albertville Council Agenda
Monday, April 20, 2020
Via Video/Phone Conference
7:00 p.m.
https://zoom.us/i/92574876245?pwd=dytLaVNBcFNiYlBVU28vYU5lUmFlUT09
Zoom Audio Number: 1 (312) 626 6799
Zoom Meeting ID: 925 7487 6245
6: 00 p.m. — Planning Commission Interviews
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
3. Recognitions — Presentations — Introductions
A. Audit Presentation — ABDO, Andy Berg (Materials under separate cover)
4. Public Forum — (time reserved 5 minutes)
5. Amendments to the Agenda
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will
be enacted by one motion. In the event an item is pulled, it will be discussed in the order it
is listed on the Consent Agenda following the approval of the remaining Consent items.
These items will be approved by a separate motion.
A. Approve the Approve the March 16, 2020 regular City Council meeting minutes as
presented (pgs 4-9)
B. Approve the Approve the April 6, 2020 Local Board of Appeal and Equalization
meeting minutes as presented (pgs 10-11)
C. Approve the Approve the April 6, 2020 regular City Council meeting minutes as
presented (pgs 12-15)
D. Authorize the April 20, 2020 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 (pg 16)
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Meeting Date: April 20, 2020
Agenda Page 1
City of Albertville Council Agenda
Monday, April 20, 2020 Page 2 of 3
E. Approve Pay Estimate 8 to Latour Construction Inc. in the amount of $300,632.94 for
WWTP and Discharge Improvements
F. Approve the emergency changes to the Albertville Fire Departments Standard
Operating Procedures and Guidelines (pgs 17-20)
G. Approve the 2020 Albertville Fire Relief Association Bylaws (pgs 21-49)
H. Approve Resolution No. 2020-013 entitled a Resolution Authorizing and Documenting
Inter -Fund Loans to Fund Negative Fund balances (pgs 50-51)
I. Approve Resolution No. 2020-014 entitled a Resolution to Transfer Funds (pgs 52-53)
J. Receive the Monthly Accounts Receivable Report through March 31, 2020 (pgs 54-56)
7. Public Hearings — None
8. Wright County Sheriffs Office — Updates, reports, etc.
9. Department Business
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
B. Legal
1). Amendments to Heuring Meadows Commons Developer's Agreements (pgs
57-105)
C. Finance
1). 1st Quarter Budget to Actual Report (pgs 106-108)
D. Fire —None
E. City Clerk — None
F. Public Works/Engineering — None
G. Planning/Zoning —None
H. Building — None
I. Administration
1). City Administrator's Update (pgs 109-110)
10. Announcements and/or Upcoming Meetings
April 20 Planning Commission Interviews, 6:00 p.m.
City Council, 7:00 p.m.
April 27 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
May 4 City Council, 7:00 p.m.
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Meeting Date: April 20, 2020
Agenda Page 2
City of Albertville Council Agenda
Monday, April 20, 2020 Page 3 of 3
May 11
STMA Ice Arena Board, 6:00 p.m.
May 12
Planning Commission, 7:00 p.m.
May 18
City Council, 7:00 p.m.
May 25
City Offices Closed, Memorial Day
May 26 TBD
Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
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Albertville
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ALBERTVILLE CITY COUNCIL
Monday, March 16, 2020
DRAFT MINUTES
ALBERTVILLE CITY HALL
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:02 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Councilmembers Cocking, and Olson
Absent: Councilmembers Halling and Hudson
7:00 PM
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner
Alan Brixius
Others Present: Scott Dahlke, Noah Larson, Maren Lapham, Vikram Aggarwal, John Warner, and
Deputy Thomas Peterson
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS - None
4. PUBLIC FORUM
There was no one present for the forum.
5. AMENDMENTS TO THE AGENDA
There were no amendments to the agenda.
Motioned by Cocking seconded by Olson, to approve the Agenda as presented. Ayes:
Hendrickson, Cocking, and Olson. Nays: None. Absent: Halting and Hudson. MOTION
DECLARED CARRIED.
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on
the Consent Agenda following the approval of the remaining Consent items. These items will be
approved by a separate motion.
A. Approve the March 2, 2020 regular City Council meeting minutes as presented
B. Authorize the Monday, March 16, 2020 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
Page 1
Agenda Page 4
provided to City Council as a separate document and is available for public view at City
Hall upon request
C. Approve Pay Estimate 7 to Latour Construction, Inc. in the amount of $314,008.53 for c
and Discharge Improvements
Cocking had minor amendments to the March 2, 2020 City Council meeting minutes.
Motioned by Cocking, seconded by Olson, to approve the Consent Agenda as amended. Ayes:
Hendrickson, Cocking, and Olson. Nays: None. Absent: Halling and Hudson. MOTION
DECLARED CARRIED.
7. Public Hearings — None
8. Wright County Sheriffs Office— Updates, reports, etc.
A. February Monthly Report
Deputy Thomas Peterson reported there was nothing pressing to report, just a few shoplifting
incidents.
February Summary of Hours
There were no updates too the report as provided.
9. Department Business
A. Planning/Zoning
1). Heuring Meadows Commons
a. Final Plat, PUD Final Stage Site and Building Plans Presentation
City Planner Brixius noted a change from the Preliminary Plat as they are proposing two lots rather
than one lot. Brixius reviewed easement, parking and lighting requirements. Brixius also explained
the requirement that the city could require a connection between the daycare parking lot and the
private road, if the 53rd Street entrance causes problems to 53rd Street. Other conditions include
approvals from Wright County Highway Department, City Engineer and entering into a
development agreement.
The PUD approves the Land Use and Zoning of the site. There shall be no occupancy of the
apartment or townhomes until the CSAH 19 right -in/ -out and 53rd Street signalization.
The was extensive discussion concerning trespass and landscaping Cocking questioned previous
discussion concerning a fence along the northern border and Brixius clarified that the landscaping is
in lieu of the fence. Nafstad added that in order to install a privacy fence they would need to take
down existing trees. Neighboring property owner John Warner stated he would like his property
screened from the project. After further discussion, it was clarified landscaping should extend
behind at the single family lot at the northwest corner of the lot, along the entire north property line,
and along Warner's westerly and southerly property lines.
Nafstad stated the engineering comments require an alternative to the proposed guardrail along the
west and north property lines of the Goddard lot. Aggarwal stated that there is fence plus guardrail
City Council Meeting Minutes Page 2
Regular Meeting of March 16, 2020 Agenda Page 5
and described how the guardrail or bollards are a Goddard School requirement. Aggarwal explained
changing from guardrail to bollards adds significant expense to the project. Olson inquired if the
fencing and guardrail could be combined or if there are other options. Olson also referenced a few
examples. Aggarwal explained the franchise's safety requirements and the challenges of getting
alternatives approved by the franchise.
b. Developer's Agreements for Lots 1 and 2 Presentation
City Attorney Couri briefly reviewed the lot layouts. Lot 1 is the daycare and Lot 2 is the housing
development. He reviewed easement and access agreement for Lot 1.
Discussion took place on the potential naming of the development. Hendrickson inquired about the
naming of the project. Nafstad clarified that the plat name is Heuring Meadows Commons and
Dahlke stated they were thinking of naming the housing development Kingston Cove or Commons.
Couri discussed timing of letter of credit, building permit issuance and stoplight construction. Olson
inquired if the City would be liable if there were a delay in the stoplight construction and Couri
stated the developer could not be issued an occupancy permit until traffic improvements are
completed; however, they want to have the availability to special assess if needed.
Court reported the developer has asked that park dedication fees be paid prior to the time of building
permit issuance rather than at the time of filing the plat and that is a question for the Council to
consider. Olson clarified that park dedication is not tied to a per unit basis but is tied to the issue of
the building permit. He also reviewed the administrative fees for the plat.
Olson clarified that the Goddard School could go in as a stand-alone development but the signal
would not be required until the housing goes in.
Motioned by Cocking, seconded by Olson, Resolution Number 2020-010 approving the Final Plat,
PUD Final Stage site and building plans for the project entitled Heuring Meadow Commons for
Outlot A of Heuring Meadows in Albertville as amended per City Planner revisions. Ayes:
Hendrickson, Cocking, and Olson. Nays: None. Absent: Halting and Hudson. MOTION
DECARED CARRIED.
Motioned by Olson, seconded by Cocking, to Approve developer's agreements for Lots I and 2 of
Heuring Meadows Commons subject to City Engineer and City Attorney amendments as
discussed. Ayes: Hendrickson, Cocking, and Olson. Nays: None. Absent. Halling and Hudson.
MOTION DECLARED CARRIED.
B. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
FYCC
Olson stated that the FYCC office would be closed for the next few weeks along with FYCC
community events being cancelled.
City Council Meeting Minutes Page 3
Regular Meeting of March 16, 2020 Agenda Page 6
Transportation
Olson provided an update on the federal grant applicant for I94 between Albertville and Monticello.
Olson report to Council what the Coalition learned from the recent debriefing with the DOT and
what needs to be emphasized and improved on for future applications. Olson also explained
MnDOT is not planning on resubmitting the project and the Coalition is working closely with the
State to encourage resubmitting the project.
A row-i Rnirrd
Cocking reported the Board meeting met last week and noted the arena is closed and that there will
be budget impacts without spring and potentially summer ice sales.
C. City Clerk
1). Annual Renewal of Liquor Licenses
Nafstad reported that this is routine renewal.
Motioned by Cocking, seconded by Olson, to Approve the 2020 annual renewal of liquor licenses
listed in the staff report contingent on full payment of license fees, proof of liquor liability
insurance, payment of any outstanding fees/fines/taxes, payment of investigation fee to Wright
County and successful results of said investigation, and compliance with all building and fire
regulations. Ayes: Hendrickson, Cocking, and Olson. Nays: None. Absent. Halling and Hudson.
MOTION DECLARED CARRIED.
2). 3.2% Malt Liquor License for Coborn's Incorporated, located at 5698
LaCentre Avenue NE
Motioned by Olson, seconded by Cocking, to Approve a 3.2% Malt Liquor Licenses for Coborn's
grocery store, 5698 LaCentre Avenue NE, contingent upon successful background check and
payment of Wright County investigation fee. Ayes: Hendrickson, Cocking, and Olson. Nays:
None. Absent. Halling and Hudson. MOTIONDECLARED CARRIED.
3). Set Workshop for Planning Commission Interviews for 6:00 p.m. on Monday,
April 20, 2020
Council discussed the possibility of holding the interviews on April 6, 2020. Nafstad reminded the
group they will have the Local Board of Appeal and Equalization that evening.
Motioned by Cocking, seconded by Olson, to set a City Council Workshop for Planning
Commission Interviews for 6: 00 p.m. on Monday, April 20, 2020. Ayes: Hendrickson, Cocking,
and Olson. Nays: None. Absent. Halling and Hudson. MOTIONDECLARED CARRIED.
D. Legal
1). Solicitor Ordinance- Discussion
Motioned by Olson, seconded by Cocking, to set a workshop to discuss the solicitor ordinance.
Ayes: Hendrickson, Cocking and Olson. Nays: None. Absent: Halling and Hudson. MOTION
DECLARED CARRIED.
City Council Meeting Minutes Page 4
Regular Meeting of March 16, 2020 Agenda Page 7
Couri briefly outlined the proposed changes to comply with federal rulings. He reported on changes
to hours, background checks, prohibited conduct, exemptions and approval process. He stated that
the goal is to put in place something that works both for solicitors to operate and also works for the
city.
E. Public Works/Engineering
1). 2020 Street Improvements
Motioned by Olson, seconded by Cocking, to Approve Resolution No. 2020-011 entitled A
Resolution Accepting Low Bid for 2020 Street Improvements. Ayes: Hendrickson, Cocking,
Halting, Hudson and Olson. Nays: None. Absent. Halling and Hudson. MOTION DECLARED
CARRIED.
F. Building — None
G. Fire —None
H. Finance —None
I. Administration
1). City Administrator's Update
Nafstad reviewed current city closures city operations due to COVID-19. Nafstad reported on the
rotation of public works employees and the working remotely for city hall staff.
Couri reported that the Council can conduct meetings via telephone once a pandemic is declared
which has been done. Nafstad reported he anticipates the next meeting to be virtual.
Council discussed possible funding and lobbying efforts for WWTP improvements.
Council discussed recent restaurant closures and delivery/curbside services. They also discussed
distance learning for school children.
10. Announcements and/or Upcoming Meetings
March 23
Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
March 30
Joint Governance Meeting, 6:00 p.m., CANCELED
April 6
Local Board of Appeal and Equalization, 6:15 p.m.
City Council, 7:00 p.m.
April 13
STMA Ice Arena Board, 6:00 p.m.
April 14
Planning Commission, 7:00 p.m.
April 20
Planning Commission Interviews, 6:00 p.m.
City Council, 7:000 p.m.
April 27
Joint Powers Water Board, 6:00 p.mm.
Parks Committee, 7:00 p.m.
10. ADJOURNMENT
City Council Meeting Minutes Page 5
Regular Meeting of March 16, 2020 Agenda Page 8
Motioned by Cocking, seconded by Olson, to adjourn the meeting at 8:45 p.m. Ayes:
Hendrickson, Cocking, and Olson. Nays: None. Halling and Hudson: None. MOTION
DECLARED CARRIED.
Respectfully submitted,
Kimberly A. Hodena, City Clerk
City Council Meeting Minutes Page 6
Regular Meeting of March 16, 2020 Agenda Page 9
Albertville
Small Town Uving. BIg We.
Local Board of Appeal and Equalization
Minutes of Monday, April 6, 2020
City Council Chambers
6:15 p.m.
1. Call to Order
Hendrickson called the meeting to order at 6:03 p.m.
2. Assessor's Presentation (Tony Rasmussen, Brice Nelson)
Rasmussen and Nelson provided the following update:
• The purpose of this Local Board of Appeal and Equalization is to review the 2020
assessment for taxes due and payable in 2021. The board does not have the authority to open
any prior year's assessment for taxes due and payable in 2020.
• The local board does not have the authority to grant an exemption or to order property
to be removed from the tax rolls.
• A quorum must be present and at least one of the members must be "Training Certified"
under Minnesota statutes, section 274.014.
• Minnesota State law requires the assessor to value property at 100% of market value;
however, the Statutes allow the Assessor to be within a range of 90 to 105% of market
value.
• The sales ratio study period is from October 1, 2018 thru September 30, 2019. The sales
data gathered from this study period is used to appraise property as of the January 2, 2020
assessment date.
• There were 2,051 residential and seasonal recreational properties used in the county
wide sales ratio study with a time adjusted median sales ratio of 90.80%. The non -time
adjusted county -wide sales ratio was 94.21 %. There was a county -wide 4.25% increase on
this type of property.
• There were 22 commercial and industrial properties used in the county -wide sales ratio
study. There was a county -wide 2.10% commercial and a 5 .22% Industrial increase on these
types of properties.
• The formula for calculating Green Acre and Rural Preserve taxable value is statutorily
determined by the Department of Revenue as required by legislative changes that took place
in 2008. Green Acres went up .23 of 1 % and Rural Preserve went up 5. 74 for the 2020
Assessment.
• A percentage of change reports indicate that the county -wide agricultural estimated
market value was increased by 2.39% for the 2020 assessment.
• The current assessment meets or exceeds standards for uniform assessment in all
jurisdictions established by the International Association of Assessment Officers.
3. Public Hearing
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City of Albertville Local Board of Appeal and Equalization Agenda
Monday, April 6, 2020 Page 2 of 2
Hendrickson opened the Local Board of Appeal and Equalization and called for public
comments 3 times.
• Ken and Sharon Moffett, 11200 69' Street NE
Rasmussen stated the recommended action is to reduce valuation per resident's letter. Council
was okay with that recommendation.
Motioned by Cocking, seconded by Olson, to reduce the valuation per the County Assessor's
findings. Ayes: Hendrickson, Cocking and Olson. Nays: None. Absent. Halting and Hudson.
MOTION DECLARED CARRIED.
• Kurt Radmacher, 10265 Karston Avenue NE
Radmacher reported that the basement remains unfinished and that he felt the value should be
reduced.
Motioned by Cocking, seconded by Olson, to reduce the valuation per the County Assessor's
findings. Ayes: Hendrickson, Cocking and Olson. Nuys: None. Absent. Hailing and Hudson.
MOTION DECLARED CARRIED.
• Villa Bar and Grill, 11935 59' Street NE
Bryan Gobel, owner, stated that adjacent properties were valued less than his property, even with
improvements. Rasmussen reported there was past litigation and there were adjustments made
with conditions. Council discussed and felt they were okay with any County adjustments based
upon findings. Gobel replied he would supply the information requested to Rasmussen.
Motioned by Cocking, seconded by Olson, to allow the County Assessor to make adjustments
to the valuation based upon information received and findings. Ayes: Hendrickson, Cocking
and Olson. Nays: None. Absent: Halling and Hudson. MOTION DECLARED CARRIED.
Olson inquired if they should close the meeting to any further appeals and Council and staff
agreed.
Motioned by Cocking, seconded by Olson, to close the Local Board of Appeal and
Equalization or set continuation date/time. Ayes: Hendrickson. Nays: None. Absent.
Hudson and Halting. MOTION DECLARED CARRIED.
4. Adjournment
Motioned by Cocking, seconded by Olson, to adjourn the meeting. Ayes: Hendrickson,
Cocking and Olson. Nays: None. Absent. Halling and Hudson. MOTIONDECLARD
CARRIED.
Respectfully submitted,
Kimberly A. Hodena
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Meeting Date: Apri16, 2020
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Albertville
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ALBERTVILLE CITY COUNCIL
Monday, April 6, 2020
DRAFT MINUTES
ALBERTVILLE CITY HALL — Via Video Conference
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:02 p.m.
2. ROLL CALL
7:00 PM
Present: Mayor Hendrickson and Councilmembers Cocking, Halling, and Olson. Councilmember
Hudson entered the meeting at 7:20 p.m.
Absent: None
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, Fire Chief Eric
Bullen, City Clerk Kimberly Hodena, and maybe others via video conference
Others Present: Others via Zoom (virtual meeting)
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS - None
4. PUBLIC FORUM
There was no one present for the forum.
5. AMENDMENTS TO THE AGENDA
There were no amendments to the agenda.
Motioned by Cocking, seconded by Hailing, to approve the Agenda as presented.
A roll call was taken:
Cocking — Yes, Hailing — Yes, Hendrickson — Yes, Olson — Yes
Nuys: None. Absent. Hudson. MOTIONDECLARED CARRIED.
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on
the Consent Agenda following the approval of the remaining Consent items. These items will be
approved by a separate motion.
Page 1
Agenda Page 12
A. Approve the March 30, 2020 Special City Council meeting minutes as presented
B. Authorize the Monday, April 6, 2020 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
Motioned by Cocking, seconded by Halling, to approve the Consent Agenda as presented.
A roll call was taken:
Cocking — Yes, Halling — Yes, Hendrickson — Yes, Olson — Yes
Nuys: None. Absent. Hudson. MOTIONDECLARED CARRIED.
Nuys: None. Absent. Hudson. MOTION DECLARED CARRIED.
7. PUBLIC HEARINGS — None
8. WRIGHT COUNTY SHERIFF'S OFFICE — Updates, reports, etc.
There were no updates.
9. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
FYCC
Hendrickson reported that some activity dates have been changed per their Facebook page.
B. Fire — Update from the Fire Chief
Bullen reported that call volumes have dropped. Some updates regarding the I-94 construction was
that the department entered into an auto -aid agreement where either Albertville or St. Michael would
respond to calls on either side of the highway regardless where the call is located. He also reported
that he had applied for FEMA grants for supplies/PPE as potentially reimbursed.
C. Planning/Zoning - None
D. City Clerk — None
E. Legal — None
F. Public Works/Engineering - None
G. Building —None
City Council Meeting Minutes Page 2
Regular Meeting of April 6, 2020 Agenda Page 13
H. Finance —None
I. Administration
1). Liquor License Discussion
Nafstad reported that currently three on -sale liquor licenses also have off -sale licenses. There are a
number of other establishments that are only on -sale that would like to also have off -sale liquor
licenses but the attorney has found that the current code doesn't allow both. Cocking inquired how
some establishments that have both or if they were grandfathered in. Couri stated that the state
allows it but the city hadn't been following its code for those current combination licenses and has
been doing so for many years. Cocking wanted the specific legislative number that allows it as
Albertville is not the only city hearing this request.
Nafstad inquired of the Council if staff should be allowed to issue those off -sale liquor licenses and
should the city be charging the $150 fee. Couri stated that if have already charged those current
combination licenses, the city would be hard pressed not to collect the fee from any new off -sale
license. Hendrickson asked for the specific action needed. Halling inquired if they could do a
blanket approval. Halling and Olson felt that any current on -sale licenses would already have their
background checks so they do not see an issue. Hudson and Hendrickson asked if any off -sale
licenses would be annual or revoked after the pandemic passes. Cocking stated that if they are doing
an ordinance amendment, the off -sale license would be an annual license.
Olson stated that Willy McCoy's will be opening back up soon.
Hendrickson stated she has received questions regarding establishments that have paid in full for
their on -sale license that have not been able to use it, Hudson felt it is a legitimate concern and begs
future discussion. Couri clarified that the city has the statutory allowance and city ordinance to
authorize refunds per a pro rata basis.
Staffs recommendation is that on-salelicenses must be compliant with payment in order to issue the
off -sale.
Motioned by Hudson, seconded by Olson, to authorize staff to issue -sale liquor licenses that
currently have an on -sale license provided they are current and approved by the state.
A roll call was taken:
Cocking — Yes, Halling — Yes, Hendrickson — Yes, Hudson — Yes, Olson — Yes
Nays: None. Absent: None. MOTIONDECLARED CARRIED.
2). City Administrator's Update
Council discussed upcoming Planning Commission interviews and Nafstad reported that it will need
to be a virtual meeting and he will work on the details. Hendrickson inquired how many applicants
there are and Nafstad replied that he believes there are seven applicants.
City Council Meeting Minutes Page 3
Regular Meeting of April 6, 2020 Agenda Page 14
Nafstad reported that Public Works is working with the Lions on the Central Park Pavilion
expansion as well as prepping for the 58t" Street NE project. Other city/county street improvement
projects are moving forward.
Cocking inquired about Friendly City Days and Nafstad did not feel optimistic there can be such a
large public gathering in June.
Nafstad reported there will be a Planning Commission meeting in April that will be virtual as well.
Olson inquired about BUILD grant and application and Nafstad that multiple groups were looking at
why an application wasn't resubmitted for I-94.
Nafstad updated the Council on future video conferencing meetings as well as city staffing.
Hendrickson stated the public has concerns with youth congregating at the sport courts in the parks.
10. Announcements and/or Upcoming Meetings
April 6
Local Board of Appeal and Equalization, 6:15 p.m.
City Council, 7:00 p.m.
April 13
STMA Ice Arena Board, 6:00 p.m.
April 14
Planning Commission, 7:00 p.m.
April 20
Planning Commission Interviews, 6:00 p.m.
City Council, 7:000 p.m.
April 27
Joint Powers Water Board, 6:00 p.m.
Parks Committee, 7:00 p.m.
10. ADJOURNMENT
Motioned by Cocking, seconded by Olson, to adjourn the meeting at 7.49 p.m.
A roll call was taken:
Cocking — Yes, Halling — Yes, Hendrickson — Yes, Hudson — Yes, Olson — Yes
Nuys: None. Absent. None. MOTIONDECLARED CARRIED.
Respectfully submitted,
Kimberly A. Hodena, City Clerk
City Council Meeting Minutes Page 4
Regular Meeting of April 6, 2020 Agenda Page 15
A\1bertvijje Mayor and Council Request for Action
Smolt LWing. Big Ufs.
April 15, 2020
SUBJECT: CONSENT - FINANCE— PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, April 20, 2020 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 ExpensesNendors (bolded) and
key issues will be presented in the claims listing document.
POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner,
generally within 30 days unless one party determines to dispute the billing.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment: List of Claims (under separate cover)
P:ACity Council\Council Packet Information\2020\042020\2020-04-20 Finance Bills Report (RCA).docx
Meeting Date: April 20, 2020
16
�lbcrtvillc.«Mayor & Council Request for Action
April 16, 2020
SUBJECT: CONSENT — ALBERTVILLE FIRE DEPARTMENT EMERGENCY STANDARD
OPERATING PROCEDURES
RECOMMENDATION: Staff respectfully requests Council consideration regarding the
Albertville Fire Departments Emergency Standard Operating Procedures and Guidelines.
MOTION TO: Approve the emergency changes to the Albertville Fire Departments Standard
Operating Procedures and Guidelines.
BACKGROUND: The current Fire Department Standard Operating Procedures and Guidelines
(SOP) were effective 1/10/2019. As part of this SOP, all emergency changes to the SOP are
approved by the following process. All SOP's of the Albertville Fire Department are ultimately
approved by the City Council
2.1 Emergency SOP Change Request
The Fire Chief and/or Board of Officers may see a need for an emergency change of the
SOP's for items that are related to safety, addition of new equipment, response to terrorism,
disease outbreak, etc. These emergency items shall be discussed at the next available
Officers meeting and voted on by the Board of Officers (not waiting until the October
Business Meeting). Changes that pass this vote shall be addressed and made known to
members at the next Department meeting and/or training; and a revision page shall be made
and distributed.
The following emergency SOP's were implemented in response to the current Pandemic
Emergency:
- #2020 — 001 = Restricting access to the Albertville Fire Department
- #2020 — 002 = Moving all Fire Department PPE to a locked storage cabinet in the Fire
Hall Office
The Fire Department membership has been made aware of the new Emergency Policies over
email and two ZOOM meetings and are operating accordingly.
POLICY/PRACTICES CONSIDERATIONS: It is the City's policy for Council to review and
approve policies as they deem necessary.
Responsible Person/Title: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
P:ACity Council\Council Packet Information\2020\042020\2020-04-20 Consent - Fire - Albertville Fire Department SOP RCA.doex
Meeting Date: April 20, 2020
17
Mayor and Council Request for Action — April 20, 2020
Fire SOP Updates Page 2 of 2
Attachments:
- #2020 — 001 = Fire Hall Personnel Restrictions
- #2020 — 002 = Personal Protective Equipment
- Complete Fire Department SOP's available on request
P:ACity Council\Council Packet Information\2020\042020\2020-04-20 Consent - Fire - Albertville Fire Department SOP RCA.docx
Meeting Date: April 20, 2020
18
.VBERTV1Qt Albertville Fire Department
5959 Main Avenue NE * P.O. Box 9 *Albertville, MN 55301 * Phone 763-497-3384 x 107
kcll�,
C
Albertville Fire Department Emergency Standard Operating Policy #2020 — 001
Updated 3/29/2020
Name: FIRE DEPARTMENT — FIRE HALL PERSONNEL RESTRICTIONS
Purpose: To minimize the risk of exposure to all Albertville Fire Department (AFD) personnel to
the COVID-19 virus while maintaining professional and effective day-to-day operations.
Scope: All AFD Personnel
Policy: To follow the City of Albertville's directive, the Albertville Fire Department is closed to all
members of the public, including all family members and guests of Albertville Fire Department
personnel.
The only authorized personnel allowed inside of the Fire Hall are:
1. Albertville Fire Department personnel
2. Members of other Fire Departments, acting in an official capacity
3. City of Albertville Employees
4. On -Duty Law Enforcement Personnel
5. Allina Health EMS Employees
6. Elected Officials, as authorized by the Fire Chief
Agenda Page 19
.VBERTV1Qt Albertville Fire Department
5959 Main Avenue NE * P.O. Box 9 *Albertville, MN 55301 * Phone 763-497-3384 x 107
kcll�'
C
Albertville Fire Department Emergency Standard Operating Policy #2020 — 002
Effective 4/8/2020
Name: FIRE DEPARTMENT — PERSONAL PROTECTIVE EQUIPMENT —SECURITY, ASSIGNMENT,
AND INVENTORY
Purpose: To minimize the risk of loss of Albertville Fire Department (AFD) Personal Protective
Equipment (PPE).
Scope: All AFD Personnel
Policy: To minimize the risk of loss for any PPE slated to be used by an AFD member, all spare
PPE shall be moved to a locked cabinet in the Fire Hall Office.
Any AFD member needing to replace personal PPE, or PPE from any medical bag and/or truck,
that was used during a call, shall make notification, through the Chain of Command, to a Chief
Officer.
The Chief Officers shall be responsible for replacing, or directly authorizing the replacement of,
the personal PPE or truck PPE.
The Chief Officers shall be responsible for the inventorying of the PPE stored in the locked
cabinet.
Any request for new equipment, new medical supplies, or new PPE being placed on any truck,
shall be approved, or directly authorized, by a Chief Officer.
Agenda Page 20
A�Ib�rtvijj� .
So.T..UW.s.ft«,U,.. Mayor & Council Request for Action
April 16, 2020
SUBJECT: CONSENT — ALBERTVILLE FIRE RELIEF ASSOCIATION BYLAWS
RECOMMENDATION: Staff respectfully requests Council consideration regarding the revised
and updated 2020 Albertville Fire Relief Association Bylaws.
MOTION TO: Approve the 2020 Albertville Fire Relief Association Bylaws.
BACKGROUND: The updated Albertville Fire Relief Association Bylaws are based on sample
guideline recommendations from the Minnesota Office of the State Auditor. These
recommendations include the latest statutory requirements for Relief Associations reflected in
the latest Minnesota State Pension Bills.
The previous bylaw language was transferred to the new format and a draft was approved by the
full Relief Association Board, and then full membership, on December 9th, 2019. The City
Attorney reviewed the draft and commented on the proposed changes, with minor variations
recommended.
The Relief Association Board, then full membership, reviewed and accepted the City Attorney's
changes on April 91h 2020.
One item of note, the Relief Association Board was notified on April 131", 2020 that retroactive
benefit levels are not allowed, therefore the last authorized benefit increase authorized by City
Council will show to be effective on 4/l/2019, not 1/1/2019. See Attachment W.
If approved by Council, the draft bylaws will become effective immediately.
POLICY/PRACTICES CONSIDERATIONS: It is the City's policy for Council to review and
approve policies as they deem necessary.
Responsible Person/Title: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachment: 2020 Albertville Fire Relief Association Draft Bylaws
P:ACity Council\Council Packet Information\2020\042020\2020-04-20 Consent - Fire - Albertville Fire Relief Association Bylaws RCA.docx
Meeting Date: April 20, 2020
21
ALBERTVILLE FIRE RELIEF ASSOCIATION
BYLAWS
MEMBERSHIP APPROVED DRAFT - 04/09/2020
BYLAWS OF THE ALBERTVILLE FIRE RELIEF ASSOCIATION
ARTICLE I - NAME
Section 1 — NAME. The name of this relief association is the Albertville Fire Relief Association
(Association), also doing business as the Albertville Firemans Relief Association. It is a nonprofit
organization incorporated under the laws of Minnesota.
Section 2 — TYPE. The Association is a defined -benefit lump -sum relief association subject to Minn. Stat.
§ § 424A.015; 424A.02; and 424A.091 to 424A.094.' All benefits provided by this Association derive from
and are governed by Federal and State laws and these bylaws.
Section 3 — BOOKS AND RECORDS.Z The Association will keep, at minimum, correct and complete
copies of its articles of incorporation and bylaws, accounting records, records documenting Special Fund
transactions, records necessary to determine benefits payable and paid to individual members and their
beneficiaries, and minutes of each of its meetings that record the votes of actions taken. Unless a Records
Retention Schedule is adopted and the Minnesota Historical Society has been notified or authority to destroy
records is received from the Records Disposition Panel, relief association records may not be destroyed.
Section 4 — PURPOSE. The Association is a governmental entity that receives and manages public money
to provide retirement and ancillary benefits for individuals providing the governmental services of
firefighting and emergency first response, and for their beneficiaries.'
Section 5 — FISCAL YEAR. The Association's fiscal year begins on January 1 of each calendar year and
ends on December 31 of the same calendar year.4
Minn. Stat. § 424A.002, subd. 2.
'- Minn. Stat. §§ 138.17; 317A.461.
3 Minn. Stat. § 424A.001, subd. 4.
4 Minn. Stat. § 424A.001, subd. 11.
23
ARTICLE II - MEMBERSHIP
Section 1 — MEMBERSHIP. All individuals who are members of the Albertville Fire Department (Fire
Department), are engaged in or qualified to provide fire suppression duties, and who meet any additional
standards established by the Fire Department or by the Association are eligible for membership in the
Association.
If the city has approved the employment on the Fire Department of volunteer firefighters to perform fire
prevention duties and to supervise fire prevention duties, the personnel serving in fire prevention positions
are eligible for membership in the Association and qualify for service pensions and other benefit coverage
of the Association on the same basis as members who perform fire suppression duties.'
Section 2 — MEMBERSHIP START DATE.6 Membership in the Association begins on the date the
member becomes a paid-on-call/probationary firefighter.
Section 3 — DUES. All dues of the Association membership will be paid from the General Fund.
Section 4 — EXCLUSIONS.' The Association may exclude from membership an applicant who, due to
some medically determinable physical or mental impairment or condition, would constitute a predictable
and unwarranted risk of imposing liability for an ancillary benefit at any age earlier than the minimum age
specified for receipt of a service pension. A minor may not be a member of this Association.
Section 5 — TERMINATION. Any member may be terminated from the Association for cause by a
two-thirds vote of all members present at a special meeting of the membership. Cause for termination
includes, but is not limited to, failure to account for money belonging to the Association, or feigning illness
or injury for the purpose of defrauding the Association. A member may not be terminated except by a fair
and reasonable process.
s Minn. Stat. § 424A.01, subd. 5.
6 Minn. Stat. § 424A.001, subd. 12.
Minn. Stat. § 424A.01.
24
Section 6 — ACTIVE SERVICE. Active service is the supervision or performance of fire suppression
duties. If the city has approved the employment on the Fire Department of fire prevention personnel, active
service includes the supervision or performance of fire prevention duties. If the city has approved the
employment on the Fire Department of volunteer emergency medical personnel and if their membership in
the Association is permitted in Section 1 of this Article, active service also includes the supervision or
performance of emergency medical response duties. Active service requires meeting minimum service
requirements specified by the Fire Department in the Fire Department's rules, regulations, and policies.
Section 7 — CERTIFICATION OF SERVICE CREDIT." Annually, by March 31, the Fire Chief must
certify the service credit for the previous calendar year of each member rendering active service with the
Fire Department. The certification must be made to an officer of the Association and to the city clerk or
clerk -treasurer.
Section 8 — DEFINITION OF YEAR OF ACTIVE SERVICE.9 A year of active service will be defined
as 12 consecutive months of active service in the Fire Department from the paid-on-call/probationary
firefighter start date.
Section 9 — BREAK IN SERVICE. If a member is unable to perform the duties of a firefighter for any
reason, for 60 days or more, including an approved leave of absence, the member will be considered to have
a break in service and will not receive service credit in the Association for that period of time, except that
the resumption service requirements of this Section do not apply to leaves of absence or breaks in service
made available by Federal or State statute, such as the Uniformed Services Employment and Reemployment
Rights Act of 1994 (USERRA), Minn. Stat. § 424A.021, and the Family and Medical Leave Act (FMLA),
29 U.S.C. § 2601, et al. Active membership in the Association immediately resumes when a member
returns to active service with the Fire Department, if the member's break in service was less than 60 days. 10
Section 10 — RETURN TO SERVICE." Any firefighter who has ceased to perform or supervise fire
suppression and fire prevention duties for at least 60 days, or who has received payment of a service pension
s Minn. Stat. § 424A.003.
9 Minn. Stat. § 424A.02, subd. 1(a).
"Minn. Stat. § 424A.01, subd. 6.
" Minn. Stat. § 424A.01, subd. 6.
25
or disability benefit, will not be eligible to resume active membership in the Association should the
firefighter resume active firefighting duties with the Fire Department. The firefighter will not be eligible
to accrue any additional service credit with, or benefit from, the Association. If the firefighter attained the
minimum service and membership requirements specified in these bylaws prior to the firefighter's break in
service, the firefighter will retain the right to the benefit previously accrued, if the benefit has not been paid.
Section 11 — UNIFORMED SERVICES.12 A volunteer firefighter who is absent from firefighting service
because of service in the uniformed services may obtain service credit for the period of the uniformed
service, not to exceed five years, unless a longer period is required by Federal law, if the volunteer
firefighter returns within the time frame required by Federal law to firefighting service with coverage by
this same Association or its successor upon discharge from service in the uniformed service.
Service credit will not be given if the firefighter separates from uniformed service with a dishonorable or
bad conduct discharge or under other than honorable conditions.
12 Minn. Stat. § 424A.021. In some instances service other than service with the Armed Forces may qualify. See 38 U.S.C. §
4303(13) ("service in the uniformed services").
26
ARTICLE III - OFFICERS AND TRUSTEES
Section 1 — THE POWERS OF THE BOARD OF TRUSTEES. The Board of Trustees (Board) is the
governing board and has exclusive control of the investment of the Association's plan assets in conformance
with Federal and State law including, but not limited to, Minnesota statutes and these bylaws. The members
of the Board will act as Trustees, with a fiduciary obligation to the active, deferred, and retired members of
the Association, who are its beneficiaries; the taxpayers of the municipality, who help to finance the plan;
and the State of Minnesota, which established the plan.13
The Board will invest and reinvest the Association's plan assets, determine benefits, determine eligibility
for membership or benefits, determine the amount or duration of benefits, determine the funding
requirements or amounts of contributions, oversee the expenditure of plan assets, and select financial
institutions and investment products.14
The Board will submit a written report of the financial condition of the Association to the members at the
annual meeting.
The Board will develop and periodically revise a program for continuing education." The Trustees will
participate in continuing education to keep themselves abreast of their fiduciary responsibilities.
Section 2 — MEMBERS OF THE BOARD OF TRUSTEES. The Board consists of nine members
(Trustees): six Trustees elected by the membership and three Trustees drawn from officials of the city
served by the Fire Department.16 Of the three municipal Trustees, one must be an elected official and one
must be an elected or appointed municipal official, and both must be designated annually by the municipal
governing board. The third municipal Trustee must be the fire chief.
A vacancy in the position of a non -municipal Trustee will be discussed by the remaining Trustees at the
next Board meeting. The remaining Trustees may determine that they wish to carry out the duties of the
vacant, non -municipal Trustee position themselves or decide to have a special meeting of the Association
13 Minn. Stat. § 356A.04, subd. 1.
14 Minn. Stat. § 356A.02, subd. 2.
Minn. Stat. § 356A.13, subd. 2.
16 Minn. Stat. § 424A.04, subd. 1.
27
membership to elect an interim Trustee. In either situation, the vacancy will only exist, or the interim Trustee
serve, until the next annual meeting of the Association membership when a successor will be elected by the
membership. The non -municipal trustees will still only be allowed one vote.
Section 3 — OFFICERS." The President, Vice President, Secretary, and Treasurer will be elected from
among the elected Trustees by the Association membership for 2 year terms. The elections of the Trustees
will be staggered. In no event will any Trustee hold more than one Officer Position at any one time. In no
event will any municipal Trustee hold an Officer position.
Section 4 — PRESIDENT. The President will attend and preside at all meetings of the Association and the
Board. The President will actively manage the business of the Association. The President will enforce the
due observance of the law, including Minnesota statutes, the articles of incorporation, and the bylaws of the
Association. The President will ensure that the Officers properly perform the duties assigned to them and
that the orders and resolutions of the Board are carried into effect. The President, or Secretary, will co-sign
all checks issued by the Treasurer and all other papers requiring the President's signature. The President
will be a member of all committees and will exercise careful supervision over the affairs of the Association.
The President will perform other duties as prescribed by the Board.
Section 5 — VICE PRESIDENT. The Vice President may preside at all meetings and shall replace the
President in the event of a vacancy. The Vice President shall call to order meetings in the event the President
is absent.
Section 6 — SECRETARY. The Secretary will keep and post a true and accurate record of the proceedings
of all meetings of the Association and of the Board. The Secretary will keep a correct record of all
amendments, alterations, and additions to the bylaws in a book separate from the minute books of the
Association. The Secretary will prepare all paperwork and obtain signatures required for benefits due. The
Secretary, or President, will co-sign all checks issued by the Treasurer. The Secretary will keep individual
files and a roll of membership, with the date of joining, resignation, discharge, retirement, dues, and service
pensions and ancillary benefits paid. The books of the Secretary will be at all times open to the Board. The
Secretary will prepare and process all correspondence as needed. The Secretary will, jointly with the
" Minn. Stat. § 424A.04, subd. 1; see also Minn. Stat. § 317A.305.
28
Treasurer, prepare and file all reports and statements required by law, including reports to be filed with the
Office of the State Auditor (OSA). The Secretary will perform other duties as prescribed by the Board.
Section 7 — TREASURER. The Treasurer will, together with the Secretary, keep accurate financial records
of the Association. The Treasurer will receive all monies belonging to the Association and deposit them in
the name of and to the credit of the Association in the banks and depositories designated by the Board. The
Treasurer will keep an account book in which to enter all money transactions of the Association, including
the dates and amounts of all receipts and the source from which derived and the dates and the amounts of
all expenditures with the payee and the object. The Treasurer will disburse funds and issue checks and drafts
in the name of the Association as ordered by the Board. The Treasurer will keep separate and distinct
accounts of the Special Fund and the General Fund, if applicable, and will prepare and present to the Board
a full and detailed statement of the assets and liabilities of each fund separately, prior to the annual meeting
of the Association, and upon requests of the Board.
The Treasurer will deliver to the Treasurer's successor in office, or to any committee appointed by the
Board to receive the same, all monies, books, papers, etc., pertaining to the Treasurer's term in office
immediately upon the expiration of the Treasurer's term in office. The Treasurer will, prior to entering
upon the duties of the Treasurer's office, give a bond in an amount equal to at least ten percent of the assets
of the Association; however, the amount of the bond need not exceed $500,000.1' Jointly with the
Secretary, the Treasurer will prepare and file all reports and statements required by law, including reports
to be filed with the Office of the State Auditor. The Treasurer will perform other duties as prescribed by
the Board.
Section 8 — COMPENSATION. Trustees of the Association identified in Attachment B may be paid a salary
out of the Special Fund. The amount paid in salary is limited to the amount listed in Attachment B. Only after
the amounts listed in Attachment B have been approved by the Albertville City Council may salaries be paid to
non -Officer Trustees. For all Trustees, itemized expenses eligible for reimbursement are limited to those
expenses incurred as a result of fulfilling responsibilities as administrators of the Special Fund.
� a Minn. Stat. § 69.051, subd. 2.
29
ARTICLE IV — MEETINGS OF THE MEMBERS AND OF THE BOARD
Section 1 — ANNUAL MEETING.19 An annual meeting of the membership of the Association will be
held in December of each year, at a time and place specified by the Board.
Section 2 — SPECIAL MEETINGS.20 A special meeting of the Association's members may be called at
any time upon the written order of the President, Secretary, and one additional Trustee, or of twenty-five
(25) percent, by signature request/petition, of the members of the Association. The Order will be filed with
the Secretary.
Section 3 — BOARD MEETINGS.21 A Trustee may call a Board meeting by giving five days' notice to
all Trustees of the date, time, and place of the meeting.22 The Board will meet at least four (4) times during
the year to discuss the investments, finances, benefits, records, and any other matter related to the business
or affairs of the Association. These meetings will be open to any member of the Association and to the
public.
Section 4 — NOTICE OF ANNUAL MEETING.23 Notice of each annual meeting of the Association's
members will be delivered to each member entitled to vote at the meeting at least five days before the date
of the meeting and not more than 60 days before the date of the meeting. Notice will contain the date, time,
and place of the meeting.
Section 5 — NOTICE OF SPECIAL MEETINGS.24 Notice of each special meeting of the Association's
members will be delivered to each member entitled to vote at the meeting at least five days before the date
of the meeting and not more than 60 days before the date of the meeting. Notice will contain the date, time,
and place of the meeting. The Secretary will give due notice of each special meeting, specifying the
object(s) of said meeting, and no business will be transacted at any special meeting except the business for
19 Minn. Stat. § 317A.431. Your relief association may hold additional regular meetings during the year. Minn. Stat.
§ 317A.111, subd. 3(21).
21) Minn. Stat. § 317A.433.
2' Minn. Stat. §§ 13D.04; 317A.231.
22 See Minn. Stat. § 317A.231.
23 Minn. Stat. § 13D.04; see also Minn. Stat. § 317A.435.
24 See Minn. Star. §§ 317A.433; 317A.435 (additional requirements regarding notice).
30
which the meeting was called.
Section 6 — NOTICE OF BOARD MEETINGS. Notice requirements of the Minnesota Open Meeting
Law will be followed for all Board meetings." A schedule of the Board's regular meetings will be kept on
file at the Board's primary office."
For special meetings (including any regular meeting held at a time or place different from the time or place
stated in the schedule of regular meetings), the Board will post written notice of the date, time, place, and
purpose of the meeting on the Board's principal bulletin board, or if the Board has no such bulletin board,
on the door of its usual meeting room. The notice will also be emailed or delivered to each person who has
filed a written request for notice with the Board. The notice will be posted and emailed or delivered at least
three days before the date of the meeting."
If a meeting is a recessed or continued session of a previous meeting, and the time and place of the meeting
was established during the previous meeting and recorded in the minutes of that meeting, then no further
published or emailed notice is necessary.21
Section 7 — QUORUM FOR ANNUAL AND SPECIAL MEETINGS. A majority of the members of the
Association will constitute a quorum for the transaction of business at the annual or any special meeting of
the Association.
Section 8 — QUORUM FOR BOARD MEETINGS." A majority of the Trustees will constitute a quorum
for the transaction of business at the meetings of the Board.
Section 9 — VOTING AT ANNUAL AND SPECIAL MEETINGS.'O Members of the Association are
entitled to one vote. Voting by proxy is not permitted. All votes, unless specified prior to the vote, will be
conducted by a voice vote. If a majority cannot be determined by voice vote, the Officer in charge of the
vote will ask for a vote by roll call or by ballot.
25 Minn. Stat. Ch. 13D.
26 Minn. Stat. § 13D.04, subd. 1.
27 Minn. Stat. § 13D.04, subd. 2.
29 Minn. Stat. § 13D.04, subd. 4.
29 Minn. Stat. § 317A.235.
so Minn. Stat. §§ 317A.181, subd. 2; 317A.441; 317A.443.
31
Section 10 — VOTING AT BOARD MEETINGS.' The Board has a responsibility to vote on the
investment and reinvestment of Association assets, the determination of benefits, the determination of
eligibility for membership or benefits, the determination of the amount or duration of benefits, the
determination of funding requirements or the amounts of contributions, the maintenance of membership
and financial records, the expenditure of Association assets, the selection of financial institutions and
investment products, and on any other matter related to the business or affairs of the Association. Trustees
are entitled to one vote and each has equal rights. Voting by proxy is not permitted. All votes, unless
specified prior to the vote, will be conducted by a voice vote. If a majority cannot be determined by voice
vote, the Officer in charge of the vote will ask for a vote by roll call or by ballot.
Section 11 — ORDER OF BUSINESS/BOARD AND ANNUAL MEETINGS. All Board Meetings, and
the Annual Meeting of the members of the Association, will be conducted in the following order:
1. Call to order
2. Roll call
3. Reading and approval of minutes of previous meeting
4. Open Forum
5. Secretary's report
6. Treasurer's report
7. Committee reports
8. Unfinished business
9. New Board business
10. Adjournment
Section 12 — ORDER OF BUSINESS/SPECIAL MEETING. Any Special Meeting of the members of
the Association will be conducted in the following order:
1. Call to order
2. Roll call
3. Discussion of identified object(s)
4. Vote — If Applicable
5. Adjournment
31 Minn. Stat. §§ 317A.201; 356A.02, subd. 2.
ARTICLE V - APPLICATION FOR PENSIONS AND BENEFITS
Section 1 — NOTICE OF INTENT TO TAKE DISTRIBUTION. Each member who intends to take
distribution of a service pension, including a deferred service pension, from the Association must file a
Notice of Intent to Take Distribution. Such Notice of Intent to Take Distribution will be in writing, and
will be filed with the Secretary. Upon receipt of the Notice of Intent to Take Distribution, the Secretary will
provide to the applicant an Application for Distribution and any forms or notices required by Federal or
State law. No Notice of Intent to Take Distribution is required for ancillary benefits.
Section 2 — PROCESS. Each person who intends to take distribution of a service pension, including a
deferred service pension or an ancillary benefit from the Association must file an Application for
Distribution. The Secretary will provide to the applicant the Application for Distribution and any forms or
notices required by Federal or State law. All Applications for Distribution will be submitted to the Board
for approval at a Board meeting. Applications for Distribution will state the age of the member, the period
of service, the date of separation from active service with the Fire Department, and any other information
the Board may require. No service pension, including any deferred service pension, or ancillary benefit
will be paid until the Application for Distribution has been approved by a majority vote of the Board.
Section 3 — GOVERNING BENEFIT PLAN PROVISIONS. All service pensions, deferred service
pensions, and ancillary benefits payable by the Association are governed by and must be calculated based
on the State law, the Association bylaw provisions, and the Association articles of incorporation that are in
effect on the date that the member separates from active service with the Fire Department and active
membership in the Association.32
32 Minn. Stat. § 424A.015, subd. 6.
33
ARTICLE VI - SERVICE PENSIONS
Section 1 — LUMP -SUM SERVICE PENSIONS. Upon the member's meeting the requirements in
Section 2 of this Article and following the submission and approval of an Application for Distribution, the
Association will pay the member out of the Special Fund the benefit level for each year that the member
served as an active member of the Fire Department. The benefit level amounts can be found in Attachment
A. A reduced service pension may be paid according to the partial vesting schedule contained in this Article.
Section 2 — ELIGIBILITY." To receive a service pension, a member must meet all of the following
requirements:
1. Have separated from active service with the Fire Department;
2. Be at least fifty (50) years of age;
3. Be partially vested by having completed at least ten (10) years of active service with the
Fire Department, or be fully vested by having completed at least 20 years of active service
with the Fire Department.
Section 3 — DEFERRED STATUS. A member who has otherwise met the eligibility requirements defined
in Section 2 of this Article but who has not yet reached the age of eligibility specified in Section 2 may not
collect a service pension at the time of separation from active service. The member will be placed on
deferred status and be entitled to receive the service pension upon reaching the age of eligibility specified
in Section 2 and following submission and approval of an Application for Distribution.
A member who has met the eligibility requirements defined in Section 2 of this Article and who has reached
the age of eligibility in Section 2, but who chooses not to immediately submit an Application for
Distribution following the member's separation from active service will be placed on deferred status and
be entitled to receive the service pension following submission and approval of the Application for
Distribution.
33 Minn. Stat. § 424A.02, subd. 1.
34
Section 4 — PARTIAL VESTING SCHEDULE:34
Completed Years of Service:
10
11
12
13
14
15
16
17
18
19
20 and thereafter
Nonforfeitable percentage
of pension amount:
60%
64%
68%
72%
76%
80%
84%
88%
92%
96%
100%
Section 5 — PAYMENT OPTIONS. The retiring member may elect, by making a written request, the
manner of payment of the service pension. Options include:
(a) A single lump -sum payment payable to the retiring member (subject to current income tax
withholding requirements).
(b) An annuity contract purchased with a lump -sum payment on behalf of a retiring member
from an insurance carrier licensed to do business in the State of Minnesota."
(c) A direct transfer on an institution -by -institution basis of the retiring member's lump -sum
payment to the member's individual retirement account (IRA).36
(d) A direct transfer on an institution -by -institution basis of the retiring member's lump -sum
payment to the member's individual Minnesota deferred compensation plan.17
34 Minn. Stat. § 424A.02, subd. 2.
35 Minn. Stat. § 424A.015, subd. 3.
36 Minn. Stat. § 424A.015, subd. 4 (Your relief association must be "a qualified pension plan under Section 401(a) of the Internal
Revenue Code, as amended...."); IRC § 408(a).
37 Minn. Stat. § 424A.015, subd. 5.
35
Section 6 — SUPPLEMENTAL BENEFIT.38 A supplemental benefit will be paid out of the Special Fund
to individuals who receive a lump -sum distribution of a service pension. The amount of the supplemental
benefit to be paid is ten percent of the regular pre-tax lump -sum distribution, excluding any interest that
may have been credited during the period of deferral, but not to exceed $1,000.
ARTICLE VII — DEFERRED INTEREST
Section 1 — DEFERRED INTEREST TYPE.39 No interest will be paid during the period of deferral on a
deferred lump -sum service pension.
39 Minn. Stat. § 424A.10.
39 Minn. Stat. § 424A.02, subd. 7.
36
ARTICLE VIII - ANCILLARY BENEFITS
Section 1 — SURVIVOR BENEFIT.40 Upon the death of a member of the Association and following the
submission and approval of an Application for Distribution, a survivor benefit will be paid out of the Special
Fund to the member's surviving spouse; if there is no surviving spouse, to the member's surviving children;
if there is no surviving spouse and there are no surviving children, to the member's designated beneficiary.
If no beneficiary has been designated and if the deceased member was active or deferred, the survivor
benefit will be paid as a death benefit to the estate of the deceased member.
If there are no surviving children, the member's surviving spouse may waive, in writing, wholly or partially,
the spouse's entitlement to a survivor benefit, so that the survivor benefit may be paid directly to the
member's designated beneficiary.
A trust created under Chapter 501B may be a designated beneficiary if the survivor benefit will be
distributed as a one-time lump -sum payment. If a trust was created and is payable to the surviving children
and there is no surviving spouse, the survivor benefit will be paid to the trust.
For active members, a survivor benefit equal to the benefit level for each year that the member served as an
active firefighter in the Fire Department, without regard to minimum or partial vesting requirements, but in
no case less than five times the benefit level in effect on the date of the death, will be paid if, upon death,
the member had not yet separated from active service. The benefit level can be found in Attachment A.
Payment of a survivor benefit on behalf of a deceased deferred member is not authorized.
Section 2 — SUPPLEMENTAL SURVIVOR BENEFIT .41 A supplemental survivor benefit will be paid
out of the Special Fund when a lump -sum survivor benefit is paid to the surviving spouse or, if none, to the
surviving child or children of a deceased active or deferred member. The amount of the supplemental
survivor benefit to be paid is 20 percent of the survivor benefit, but not to exceed $2,000.
Section 3 — NO ADDITIONAL FINANCIAL RELIEF. Except for the relief expressly identified for
survivors in these bylaws, a member or former member's surviving spouse, child or children, designated
40 Minn. Stat. § 424A.02, subd. 9.
4' Minn. Stat. § 424A.10.
37
beneficiary, and/or estate are not entitled to any other or further relief or benefits from the Association.
Section 4 — DISABILITY BENEFIT.42 Permanent disability benefits may be paid to permanently disabled
members of the Association out of the Special Fund following the submission and approval of an
Application for Distribution. For active members, a permanent disability benefit equal to the benefit level
for each year that the member served as an active firefighter in the Fire Department, without regard to
minimum or partial vesting requirements, will be paid if, upon the date of permanent disability, the member
has not yet separated from active service. The benefit level can be found in Attachment A. The years of
service must be determined as of the date of disability. The member is eligible to receive the disability
benefit immediately upon approval by the Board. Payment of a permanent disability benefit to a deferred
member is not authorized. Temporary disability benefits are not provided by this Association.
Section 5 — DISABILITY BENEFIT QUALIFICATION. A member who is permanently disabled from
being an active member in the Albertville Fire Department shall be eligible for a disability benefit in lieu
of retirement. Upon approval of the Board of Trustees pursuant to this section the disability benefits will
apply: A member who is totally and permanently disabled shall be eligible to collect a disability benefit in
an amount equal to the benefit level in effect on the date of disability per year of active service. The member
shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees.
(a) Any such disability benefit paid in accordance with this section shall be in lieu of all rights to
further service pension and survivor's benefit.
(b) A total and permanent disability is defined as the inability of an active member to engage in
performance of their duties as a firefighter by reason of a medically determinable physical or
psychological impairment which can be expected to last for a continuous period of not less
than twelve months or can be expected to result in death.
(c) Reports required. No member shall be paid disability benefits except upon the written report
of a physician or chiropractor of the member's choice. This report shall set forth the diagnosis
and prognosis of the disability, disease or injury of the member. Each such report shall be filed
with the Association.
(d) Procedure. All applications for disability benefits shall be made within six months after such
applicant has ceased to be an active member of the fire department. Written application shall
be made to the Board setting out the nature and cause of such disability. This application shall
be under oath by the member or his or her immediate family. The application shall be tabled
42 Minn. Stat. §§ 424A.02, subd. 9; 424A.05, subd. 3. Your relief association should consult an attorney for assistance in defining
what it means to be temporarily or permanently disabled.
38
until the next meeting so that the applicant may be examined by a physician or chiropractor of
the member's choice, at the member's expense. The physician or chiropractor will submit a
written opinion concerning the diagnosis and prognosis of the applicant's permanent disability
and its probable duration. The Board of Trustees has the discretion to request that another
doctor, selected by the Board, examine the patient, at the Board's expense. Final determination
of disability will be based on the reports of at least one doctor and by a 2/3 majority of the
Board of Trustees present at the subsequent Association meeting.
(e) An applicant shall not be considered under a disability unless they furnish adequate proof of
the existence thereof. An applicant's statement as to pain or other symptoms will not alone be
conclusive evidence of disability as defined in this section.
(f) Grievance Procedure. If the applicant for disability benefits feels they have been aggrieved by
any action of the Board, they shall, within sixty (60) days from notice of such action of the
Board, file written objections and the reasons thereof with the Board and shall be allowed to
appeal the determination pursuant to the review procedure in these bylaws.
Section 6 — PAYMENT OPTIONS. The recipient of an ancillary benefit may elect, by making a written
request, the manner of payment of the ancillary benefit. Options include:
(a) A single lump -sum payment payable to the intended recipient (subject to current income tax
withholding requirements).
(b) A direct transfer on an institution -by -institution basis of the lump -sum survivor benefit to
the active member's surviving spouse's individual retirement account (IRA).43 (This option
is available to certain recipients of a survivor benefit.)
43 Minn. Stat. § 424A.015, subd. 4 (Your relief association must be "a qualified pension plan under Section 401(a) of the Internal
Revenue Code, as amended...."); IRC § 408(a).
39
ARTICLE IX - FUNDS
Section 1 — FUNDS."The Association will establish and maintain a Special Fund and a General Fund.45
Section 2 — SPECIAL FUND.46 All public funds, such as fire state aid, supplemental state aid, municipal
contributions, and supplemental benefit reimbursements, received by the Association will be deposited in
the Special Fund. Disbursements from the Special Fund will not be made for any purpose except as
authorized by Minn. Stat. § § 69.80 and 424A.05.
The Treasurer is the custodian of the assets of the Special Fund and the recipient on behalf of the Special
Fund of all revenues payable to it. The Treasurer will maintain adequate records documenting all
transactions involving the financial activities of the Special Fund.
Checks or authorizations for electronic fund transfers for disbursement of Special Fund assets must be
signed by the Association Treasurer and at least one other elected Association Trustee who has been
designated by the Board to sign the checks or authorizations. The Association may only make
disbursements by electronic fund transfers if the specific method of payment and internal control policies
and procedures regarding the method are approved by the Board.47
Section 3 — GENERAL FUND. 48 Money received from any nonpublic source, such as fundraising
activities and donations, will be deposited into the General Fund. Funds may be disbursed by the Board for
any purpose authorized by the articles of incorporation or by these bylaws. Such purposes include, items
signified in Attachment C. All Association expenses not specifically authorized by State statute to be paid
out of the Special Fund must be paid out of the General Fund.
The Treasurer is the custodian of the assets of the General Fund and the recipient on behalf of the General
Fund of all revenues payable to it. The Treasurer will maintain adequate records documenting any
transactions involving the financial activities of the General Fund.
44 Charitable Gambling funds are outside the scope of this sample bylaw guide.
45 Minn. Stat. § 424A.06.
46 Minn. Stat. §§ 69.80; 424A.05.
47 Minn. Stat. § 424A.05, subd. 3
48 Minn. Stat. § 424A.06.
40
Section 4 — NONASSIGNABILITY OF BENEFITS.49 Benefits paid or payable from the Special Fund
are not subject to garnishment, judgment, execution, or other legal process, except as provided in Minn.
Stat. § § 518.58; 518.581; or 518A.53. Benefits paid or payable may not be assigned for any purpose.
49 Minn. Stat. § 424A.015, subd. 2.
41
ARTICLE X - INVESTMENTS
Section 1 — STANDARD OF FIDUCIARY CONDUCT.50 Trustees owe a fiduciary duty to the active,
deferred, and retired members of the Association, who are plan beneficiaries; to the taxpayers of the
municipality, who help finance the plan; and to the State of Minnesota, which established the plan. The
Trustees will act in good faith and exercise that degree of judgment and care, under circumstances then
prevailing, that persons of prudence, discretion, and intelligence exercise in the management of their own
affairs, not for speculation, considering the probable safety of plan capital as well as the probable investment
return to be derived from the assets.
Section 2 — INVESTMENT POLICY. The Board will approve an investment policy, and will investigate
and prepare for the safe and profitable investment of Association funds in conformance with State statutes
and the Association's investment policy. The Board may hire investment professionals to act for or on its
behalf. The Special Fund assets will be invested only in securities that are authorized by Minn. Stat. § §
69.775; 356A.06, subd. 6; and 356A.06, subd. 7. The Board will have on file a copy of the investment
policy of the Association. The Board will file a copy of the Association's investment policy, and all changes
to the policy, with the Office of the State Auditors'
Section 3 — BROKER CERTIFICATION.52 The Association will provide annually to its broker a written
statement of investment restrictions from the applicable State laws and from the Association's investment
policy. Annually, before the Association enters into or continues business with the broker, the broker must
submit to the Association a signed Broker Certification, using the form prepared by the Office of the State
Auditor.
50 Minn. Stat. § 356A.04.
5' Minn. Stat. § 356.219, subd. 3(a).
52 Minn. Stat. § 356A.06, subd. 8b.
42
ARTICLE XI — UNCLAIMED BENEFITS
Section 1— UNCLAIMED BENEFITS.53 In the event that the Association is unable with reasonable effort
to locate a member or a survivor of a member entitled to payment or distribution under these bylaws or by
State law, the benefit distributable to such member or survivor of such member will be forfeited and will
be credited to the Special Fund. Efforts to locate a member or survivor must be documented. Forfeiture
will occur no earlier than thirty-six (36) months after the Board concludes the Association was unable to
locate such member or survivor despite reasonable efforts to locate them.
53 If an Association's bylaws do not address the disposition of unclaimed benefits, unclaimed benefits must be handled as set
forth in Minn. Stat. § 356.65.
43
ARTICLE XII — AMENDMENTS, CONSOLIDATION, AND DISSOLUTION
Section 1 — AMENDMENTS.54 These bylaws may be amended when necessary by a majority of the
members of the Board. Proposed amendments will be submitted to the Secretary to be posted with regular
Board announcements.
Amendments to these bylaws which affect the amount of, the manner of payment of, or the conditions for
qualification for service pensions, deferred service pensions, or ancillary benefits are not effective until they
have been ratified by the Albertville City Council. 55
The Association will file a revised copy of these bylaws with the Office of the State Auditor upon the
adoption of any amendments.56
Section 2 — CONSOLIDATION. A consolidation of the Association with one or more volunteer fire relief
associations may be initiated pursuant to Minn. Stat. § 424B.02, subds. 1 and 2, and will comply with the
process set forth in and the requirements of Chapter 424B.
Section 3 — DISSOLUTION. Prior to dissolution of the Association, all legal obligations of the Association
other than service pensions and benefits must be settled under Minn. Stat. § 424B.2, subd. 3, a benefit trust
must be established under subdivision 4, and the affairs of the Association must be concluded under
subdivision 5.57
54 Minn. Stat. § 317A.181.
55 In certain circumstances, bylaw amendments which affect service pensions, deferred service pensions, or ancillary benefits do
not require City ratification to become effective. See Minn. Stat. § 424A.02, subd. 10.
56 Minn. Stat. § 424A.02, subd. 10.
57 Minn. Stat. § 42413.20, subd. 2.
44
These bylaws are hereby adopted and approved by the members of the
Association on this day of , 20
President
Secretary
Treasurer
date:
date:
date:
Fire Relief
45
AMENDMENTS
These amendments
to the bylaws are hereby adopted and
approved by the members of the
Fire Relief Association on this day of
, 20
date:
President
date:
Secretary
date:
Treasurer
Agenda Page 46
ATTACHMENT A - BENEFIT LEVEL
BENEFIT LEVEL
AMOUNT
DATE APPROVED BY
RELIEF
ASSOCIATION
DATE RATIFIED BY
CITY
EFFECTIVE DATE
$2,400
l/l/2015
$2,600
4/6/17
11/20/17
l/l/2018
$2,800
3/28/19
4/1/19
4/l/2019
47
ATTACHMENT B - COMPENSATION
TRUSTEE
SALARY
President (Officer)
$300
Secretary (Officer)
$600
Treasurer (Officer)
$600
Trustee #4
$0
Trustee #5
$0
Trustee #6
$0
Trustee #7
$0
Trustee #8
$0
Trustee #9
$0
Agenda Page 48
ATTACHMENT C — Approved Payouts
These listed payouts have been approved by the Albertville Fire Relief Association
members throughout each year and no voting is necessary to payout, unless amounts
are changed.
1. Approved — Paid on Call members, Department Jacket up to $200
2. Approved — Monthly Business Meeting, Food allowance up to $150
3. Approved - $300 gift for any member separating from service with between 10 and 20-years of
service
4. Approved - $500 gift for any member separating from service with over 20-years of service
5. Approved — Invitation to the next Annual Holiday Fire Department Party for any member, and
their family, who separates from service with over 10-years of service.
49
Nlbertville Mayor and Council Request for Action
s„" T... wke� ft city ut-
April 15, 2020
SUBJECT: CONSENT — FINANCE — RESOLUTION AUTHORIZING AND DOCUMENTING INTER -
FUND LOANS/ADVANCES FROM THE INDUSTRIAL PARK DEBT SERVICE FUND
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve Resolution No. 2020-013 entitled a Resolution Authorizing and
Documenting Inter -Fund Loans to Fund Negative Fund balances.
Inter -Fund Loan from Industrial Park Debt Service Fund (362) to TIF # 17 Old Castle
2015 Fund (417) in the amount of $420,843 to fund the negative balance in the TIF fund
Inter -Fund Loan from Industrial Park Debt Service Fund (362) to TIF # 16 Mold Tech
2015 Fund (416) in the amount of $5,821 to fund the negative balance in the TIF fund
BACKGROUND: Inter -fund loans provide interim financing until the other financing is
completed. In some cases, inter -fund loans are the primary source to finance projects that have a
very short financing term. An example of this is carrying assessments for a project for a few
years where it is not cost effective to issue new debt. At least annually, City staff and auditors
review and recommend inter -fund loans/advances to fund running negative balances so as to
remain in compliance with Generally Accepted Accounting Principles (GAAP).
POLICY CONSIDERATIONS: It is the Mayor and Council's policy to review and approve all
inter -fund loans/advances.
FINANCIAL CONSIDERATIONS: At least annually, the City must fund all negative running
balances for Capital Projects, Debt Service or other miscellaneous funds in accordance with
GAAP. The inter -fund loan or advance is a loan from a specific fund to the respective negative
balance funds at an interest rate equal to the rate of investment earned by the City's investments.
Included in the loan is a financial commitment detailing the source of funds to repay the loan.
These inter -fund loans are an inexpensive way to fund some City activities instead of issuing
bonds.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all financial matters.
Responsible Person/Department: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator — PWD
Attachments: Resolution No. 2020-013
P:ACity Council\Council Packet Information\2020\042020\042020 Finance Inter Fund Loan RCA (tl).doc
Meeting Date: April 20, 2020
50
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2020-013
A RESOLUTION AUTHORIZING AND DOCUMENTING
INTER -FUND LOAN TO FUND NEGATIVE FUND BALANCES
WHEREAS, the Albertville City Council has reviewed its annual audit; and
WHEREAS, an interfund loan is hereby established in the amount of $426,664
with funds to be allocated into the following:
Fund 417 TIF #17 Old Castle $420,843
Fund 416 TIF #16 Mold Tech $5,821
NOW THEREFORE, BE IT RESOLVED by the Albertville City Council to
approve an inter -fund loan from Fund 362 of $426,664 effective December 31, 2019 at an
interest rate of 4%.
Adopted by the Albertville City Council this 20th day of April 2020
ATTEST:
Kimberly A. Hodena, City Clerk
Jillian Hendrickson, Mayor
Agenda Page 51
Nlbertville Mayor and Council Request for Action
s„a T... wke� ft city ut-
April 15, 2020
SUBJECT: CONSENT - FINANCE— RESOLUTION TRANSFERRING FUNDS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following
resolution:
MOTION TO: Approve Resolution No. 2020-014 entitled a Resolution to Transfer Funds.
• Transfer $16,648.56 from Water Access Fund No. 206 to Fund 602 Water Fund for annual
bond payments, and;
• Transfer $291,500.19 from Sewer Access Fund No. 204 to Fund 601 Sewer Fund for annual
bond payments, and;
Transfer $151,389.79 from Revolving Loan Fund No. 203 to Fund 104 Economic
Development Loan Fund to close revolving loan fund.
BACKGROUND: City staff and auditors annually review and recommend transfer of funds for
designated purposes, bond payments, to close funds, or to fund a negative balance.
POLICY CONSIDERATIONS: It is the Mayor and Council's policy to review and approve all fund
transfers.
FINANCIAL CONSIDERATIONS: Plan funding options on continuing and new projects.
Responsible Person/Department: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution No. 2020-014
P:ACity Council\Council Packet Information\2020\042020\042020 Finance Transfers RCA (tl).doc
Meeting Date: April 20, 2020
52
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2020-014
A RESOLUTION TO TRANSFER FUNDS
WHEREAS, the Albertville City Council has reviewed its annual audit; and
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the following actions
are implemented:
Transfer $16,648.56 from Water Access Fund No. 206 to Fund 602 Water Fund for annual bond
payments, and;
Transfer $291,500.19 from Sewer Access Fund No. 204 to Fund 601 Sewer Fund for annual bond
payments, and;
Transfer $151,389.79 from Revolving Loan Fund No. 203 to Fund 104 Economic Development Loan
Fund to close revolving loan fund.
Adopted by the Albertville City Council this 201h day of April 2020.
ATTEST:
Kimberly A. Hodena, City Clerk
Jillian Hendrickson, Mayor
Agenda Page 53
Nlbertville Mayor and Council Communication
s„a T... wk a. ft Lity ut-
April 13, 2020
SUBJECT: CONSENT - FINANCE — ACCOUNTS RECEIVABLE REPORT
ACCOUNTS RECEIVABLE: Total accounts receivable outstanding through March 31, 2020
is $187,193.04 .
The percentage of the total due based on the aging report is as follows:
0-30 days outstanding
$108,137.02 57.77%
30-60 days outstanding
$ 71,723.60 38.32%
60-90 days outstanding
$ 4,637.83 2.48%
Over 90 days outstanding
$ 2,694.59 1.44%
PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review quarterly
financial reports.
FINANCIAL CONSIDERATIONS: There are no financial considerations at this time.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all financial matters.
Responsible Person/Department: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachment(s): Accounts Receivable Report
P:ACity Council\Council Packet Information\2020\042020\AR Monthly Report RCA040620.doc
Agenda Page 54 Meeting Date: April 20, 2020
Mayor and Council Communication - April 20, 2020
Finance - Accounts Receivable Report Page 2 of 3
Vendor
Amount Due
0-30 Days
y
30-60 days
y
60-90 days
y
90 days
& Over
10667 56th St LLC
$155.00
$155.00
AIIState Insurance Company
$475.36
$3.84
$3.84
$3.84
$463.84
Arvig Enterprises, Inc.
$976.00
$976.00
Barber, Taryn
$1,159.59
$9.59
$1,150.00
Becker Fire Department
$9,185.00
$9,185.00
Bond, William & Susan
$300.00
$145.00
$155.00
Burda, Lance & Layla
$300.00
$145.00
$155.00
Clives Cup
$236.65
$1.93
$1.93
$1.93
$230.86
Cummings, Daniel
$300.00
$145.00
$155.00
D-5 Officials
$391.99
$3.24
$388.75
DEF Inc
$300.00
$145.00
$155.00
District V Hockey
$6,235.00
$6,235.00
Douglas A Carlson Development
$232.09
$1.89
$1.89
$0.81
$227.50
Fredrickson, Nolan
$300.00
$145.00
$155.00
Gilleland, Carter
$660.00
$660.00
Gregornik, Karen
$494.09
$4.09
$490.00
Greig, Mitchell
$300.00
$145.00
$155.00
Hockey Finder
$1,095.24
$1,095.27
-$0.01
-$0.02
HPA Borrower 2018-1 ML LLC
$452.50
$146.25
$156.25
$150.00
HSB Ventures
$132.16
$1.08
$1.08
$130.00
Jiang, Heidi
$443.82
$3.58
$3.58
$3.58
$433.08
Knight, Andrew
$1,159.59
$9.59
$1,150.00
Kwik Trip
$51.25
$51.25
Larson, Dennis
$475.36
$3.84
$3.84
$3.84
$463.84
Leuer, Mike
$17,263.15
$17,263.15
Mark One Resources, LLC
$300.00
$145.00
$155.00
MBST Properties
$145.00
$145.00
McGhee, Nathan
$300.00
$145.00
$155.00
Midwest Hockey Program
$1,417.35
$1,417.35
MN Sled Hockey Association
$833.59
$3.59
$400.00
$430.00
Nagorski, Julia
$300.00
$145.00
$155.00
New Direction IRA, Inc
$145.00
$145.00
Nowak, Angela
$300.00
$145.00
$155.00
NWCRH Girls Varsity Hockey
$860.00
$860.00
Rogers Youth Hockey
$6,020.00
$6,020.00
Simonovich, Viktor
$1,010.00
$1,010.00
P:ACity Council\Council Packet Information\2020\042020\AR Monthly Report RCA040620.doc
Agenda Page 55 Meeting Date: April 20, 2020
Mayor and Council Communication — April 20, 2020
Finance — Accounts Receivable Report Page 3 of 3
Sorensen, Eric
$660.00
$660.00
Stillwell, Jeff
$300.00
$145.00
$155.00
STMA Boys High School Team
$10,248.75
$10,248.75
STMA United Soccer Club
($19.60)
-$19.60
STMAYHA
$120,668.75
$59,985.00
$60,683.75
Umland, Jacob
$630.36
$5.09
$5.09
$5.09
$615.09
Total
$187,193.04
$108,137.02
$71,723.60
$4,637.83
$2,694.59
P:ACity Council\Council Packet Information\2020\042020\AR Monthly Report RCA040620.doc
Agenda Page 56 Meeting Date: April 20, 2020
i�lbcrtvi j jc S-1T..UW.9.ftCity Lft. Mayor and Council Request for Action
April 16, 2020
SUBJECT: Amendments to Heuring Meadows Commons Developer's Agreements.
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
modifications to the developer's agreements for Lots 1 and 2, Heuring Meadows Commons and
the modification of the Goddard School (daycare) site plan from employing bollards around the
daycare facilities to employing a guardrail around the daycare facility.
BACKGROUND: On March 16, 2020, the City Council approved separate developer's
agreements for Lots 1 and 2 of Heuring Meadows Commons (the Goddard daycare and Leuer
apartment properties). Subsequent to that approval, the developer has requested a few changes in
the Agreements, summarized as follows:
1. In the original Agreement, Lot 1 (the daycare) was required to pay 16% of the
cost of the stoplight and to provide $42,000 of the estimated $300,000 cost of the
stoplight in the form of a letter of credit. This is now being changed to relieve Lot
1 from any of the cost of the stoplight. As a result, we will no longer need a
waiver of appeal of assessments from the owner of Lot 1 and will reduce the
amount of the letter of credit that is required.
2. Lot 2 is now picking up 100% of the cost of the stoplight, and will be posting a
letter of credit for the full $300,000 cost of the stoplight (along with other items)
at the time of application for a building permit for any of the residential buildings
on Lot 2.
3. The original Lot 2 Agreement required the developer to pay the sewer and water
trunk line fees (about $39,481) at the time of plat. The Developer has requested
that the Agreement be changed to allow these to be paid at the time of application
for a building permit for any of the residential buildings on Lot 2.
During the approval process, Vikram Aggrawl, the developer of the Goddard School,
indicated that he would like to substitute a system of bollards for the proposed guardrail shown
on the site plan. However, after consulting with the Goddard people, it has been determined that
a system of bollards are not as effective as a guardrail and is much more expensive than a
guardrail. Goddard is reluctant to approve bollards in part because Goddard believes it does not
provide the same level of protection to the children as a guard rail would.
KEY ISSUES:
• The stoplight change has little impact on the City, as the City is not planning on
constructing the stoplight until a building permit is pulled for the residential housing and
the City will still have a total of $300,000 in letter of credit funds for the stoplight before
a building permit is issued for any residential construction.
P:ACity Council\Council Packet Information\2020\042020\RCA Heuring Meadows Commons dev agreements, 4-20-20.docx
Meeting Date: April 20, 2020
57
Mayor and Council Request for Action — April 20, 2020
Heuring Meadows Commons Developer's Agreements Page 2 of 2
The trunk line fees will delay the City receiving the $6,500 until such time as a building
permit is pulled on any residential structure on Lot 2. Given the recent significant
downturn in the economy, it could be quite some time before a building permit is pulled
for any of the residential buildings on Lot 2.
The Other changes to the Agreements are technical/error corrections.
POLICY/PRACTICES CONSIDERATIONS: Approval of these changes to the Developer's
agreements is in the discretion of the City Council. Vikram Aggarwal has indicated that unless
the $42,000 portion of the stoplight cost is shifted back to Lot 2 and off of Lot 1, he will not go
forward with the daycare development.
FINANCIAL CONSIDERATIONS: From the City's perspective, the only real financial
impact is the delay in collecting the $39,481 in trunk fees until such time as a building permit is
applied for. Given the change in the economy, that delay could be lengthy.
LEGAL CONSIDERATIONS: The City Council has the authority to approve the
modifications to the Developer's Agreements and the modifications to the site plan.
Department/Responsible Person: Mike Couri, City Attorney; Al Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator/PWD
Attachments: Revised Developer's Agreement, Lot 1; Revised Developer's Agreement, Lot 2;
Revised Assessment Waiver.
P:ACity Council\Council Packet Information\2020\042020\RCA Heuring Meadows Commons dev agreements, 4-20-20.docx
Meeting Date: April 20, 2020
Agenda Page 58
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
HEURING MEADOWS COMMONS, LOT 1
THIS AGREEMENT, entered into this day of April, 2020 by and
between Heuring Meadows, LLC., a Minnesota Limited Liability Company
referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of
Wright, State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of the real property
described in Exhibit A, attached hereto and incorporated herein by reference, which
real property is proposed to be subdivided and platted for development and which
real property is subject to the provisions of this Agreement; and
WHEREAS, Developer is proposing to subdivide Outlot A of the plat of
Heuring Meadows, Wright County, Minnesota, into 2 lots with the intention of
constructing a commercial daycare operation on Lot 1 of Said Plat, and a 159 unit
apartment complex and 26 townhomes on Lot 2 of Said Plat. Said subdivision which
is to be governed by this Agreement is intended to bear the name "Hearing Meadows
Commons" and shall be hereinafter referred to in its entirety as "Said Plat" or "Subject
Property"; and
WHEREAS, the City has given final approval of Developer's plat of Heuring
Meadows Commons (attached hereto as Exhibit B) contingent upon compliance with
certain City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to, stop lights, improvements to CSAH 19 and 53rd Street, sanitary
sewer, municipal water, moving of the existing trail, street signs, traffic signs and
drainage pond (hereafter "Municipal Improvements") be installed to serve the
Development, to be financed by Developer; and
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Agenda Page 59
WHEREAS, the City further requires that certain on- and off -site
improvements be installed by the Developer within Said Plat, which improvements
consist of boulevards, Private Drive, storm sewer, top soil and sod, grading control
per lot, bituminous or concrete driveways, drainage swales, berming, street signs,
street lights, street cleanup during project development, erosion control, landscaping,
and other site -related items; and
WHEREAS, this agreement applies only to Lot 1 in Said Plat while a
separate Development Agreement to be executed by Developer and City will apply
to Lot 2 in Said Plat; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning the development of Said Plat and the conditions
imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Planned Unit Development. The Development is hereby allowed to be developed
as a Planned Unit Development with flexibility from the strict requirements of the
City's Zoning Ordinance in relation to selected items detailed in this paragraph:
A. The uses on Said Plat shall be restricted as follows:
1) Uses on Lot 1 of Said Plat shall be limited to a commercial daycare
constructed in the configuration shown on the attached Exhibit C and
substantially similar to the renderings shown on the attached Exhibit D.
The underlying zoning applicable to said Lot 1 shall be the City's B-2A
zoning ordinance as it is amended from time to time, except for such
variation from the terms of such zoning as is specifically provided in
this Agreement and except that the principal use on such lot shall be a
commercial daycare. No other structures shall be constructed on said
Lot 1.
B. Setbacks on Lot 1 shall be as shown on the attached Exhibit C.
C. Lots 1 and 2 of Said Plat shall be subject to an easement agreement which
shall include provisions substantially accomplishing the following
objectives:
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Agenda Page 60
1) Lots 1 and 2 of Said Plat shall have full use of the private drive and
parking areas on Said Plat extending from 53' Street to CSAH 19 as
shown on the attached Exhibit C (collectively, "Private Drive"),
provided that Lot 1 shall not initially be connected to the Private Drive,
but shall connect to said Private Drive if deemed necessary by the City
Council. Said connection, if required by the City, shall be made in the
location shown on the attached Exhibit E. At such time as Lot 1
connects to the Private Drive, Lots 1 and 2 shall share the costs of
maintaining the Private Drive. The Private Drive shall be maintained
by the owner of Lot 2 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, Developer shall record an easement
agreement at the Wright County Recorder's Office that shall be binding
upon said Lots 1 and 2, that meets the approval of the City Attorney and
the City Engineer, and that provides for access to the Private Drive by
Lot 1 if required by the City. Said Private Drive shall not be maintained
by the City and shall remain a private road.
D. The Private Drive shall be constructed by Developer and shall be signed
"no parking" at all times except in the designated parking areas shown on
the attached Exhibit C. In the event the Private Drive is not maintained in
good repair at all times, the City may, but shall not be required to, maintain
said Private Drive and parking areas adjacent to the Private Drive. The
owner of Lot 2 agrees to pay all costs of such City maintenance within 30
days of the mailing of an invoice by the City. If the owner of Lot 2 fails to
so timely pay said invoice the City may certify said costs to the County
Auditor for collection with the real estate taxes for said Lots 1 and 2
pursuant to Minn. Stat. 366.012. If at such time Lot 1 is using the Private
Drive, the City shall apportion such costs between the lots according to the
relative percentage of their square footage to the total square footage on
Said Plat.
E. Trees, shrubs, berms and screening are to be planted and installed as shown
on the landscape plan attached as Exhibit F, at such times set forth below:
1) The landscaping shown on Exhibit F shall be installed no later than
60 days after issuance of occupancy permits for the buildings closest
to such landscaping, weather permitting.
2) The owner of Lot 1 shall replace trees and plantings shown on the
landscaping plan attached as Exhibit F that become diseased or die
on Lot 1 from time to time and shall maintain such landscaping
screen in good repair at all times.
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Agenda Page 61
F. Required lot line, road and building setbacks for the lots shall be as shown
on the attached Exhibit C.
G. Developer shall install storm sewer on Lot 1 as shown on the Storm Sewer
Utility Plan attached Exhibit H at Developer's expense.
H. Developer shall install those fire hydrants located on Lot 1 as shown on the
Heuring Meadows Commons Final Stage PUD Sanitary and Water Utility
Plan. Hydrant number 1 shall be installed prior to the issuance of an
occupancy permit for the building on Lot 1 and hydrant number 2 shall be
installed concurrently with the installation of the water line on Lot 2.
L For a period of two years from the date of approval of Said Plat any
modifications to the City's Official Controls shall not apply to Said Plat. At
the end of said two-year period, any such modifications to the City's
Official Controls shall apply to Said Plat in accordance with Minnesota law.
2. Construction of On- and Off -Site Improvements.
A. Developer shall construct all on- and off -site improvements on Lot 1
including installation of yard top soil, sod and seed in all yards,
landscaping, grading control per lot, bituminous or concrete driveways
and parking areas, storm sewer, drainage swales, parking lot striping,
parking lot lighting and like items as necessary, street cleanup during
project development, and erosion control, all as required by City
ordinance and this Agreement, and in accordance with the plans
submitted by the Developer and approved by the City. Those portions
of the yards not required to be sodded may be seeded with grass seed
or sodded. In all cases permanent turf or grass must be established
over all areas of the lot not covered by a hard or impervious surface.
Said on- and off -site improvements shall be installed prior to the
issuance of an occupancy permit for any structure on Lot 1, with the
exception of erosion control, drainage swales and berming, which shall
be installed upon initial grading of Lot 1.
B. Developer shall, at its own expense, be responsible to ensure the
following items are installed on Lot 1, all such items to be installed
underground, within the street right of way or such other location as
may be approved by the City Engineer, accessible to all lots and in
compliance with all applicable state and local regulations:
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Agenda Page 62
i. Electrical power supply, to be provided by Xcel Energy or
other such carrier;
ii. Natural gas supply, to be provided by Center Point Energy or
other such carrier;
In addition, the Developer shall, at its own expense, cause streetlights
and street signs to be of such type and to be installed at such locations
on Lot 1 as required by the City Engineer and in conformance with the
Manual on Uniform Traffic Control Devices. The owner of Lot 1 shall
be responsible for streetlight operational expense for all street lights
installed on Lot 1.
C. Developer shall grade Lot 1 consistent with the Grading, Drainage and
Erosion Control Plan attached as Exhibit I. Before any grading is
started on any site, all erosion control measures as shown on the
approved Grading, Drainage and Erosion Control Plan attached as
Exhibit I shall be strictly complied with. Developer shall maintain
erosion control measures in accordance with MPCA's Best
Management Practices at all times during the development of Said
Plat.
D. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City
may deem necessary) during the construction and installation of said
On- and Off -Site Improvements and for erosion control work.
Developer agrees to pay for all costs incurred by the City during said
inspections.
3. Surety Reduirements.
A. Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the
obligations of the Developer related to Lot 1 under this contract shall
be performed. Said letter of credit or surety shall be in the amount of
$87,180, calculated as the sum of. 1) $1,500 per acre for erosion
control and off -site improvements on Lot 1 ($2,430), 2) 50% of the
cost of installing the storm sewer on Lot 1 ($28,125), and 3) 150% of
the estimated cost for landscaping/screening materials on Lot 1
($56,625).
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Agenda Page 63
B. Said letter of credit or surety must meet the approval of the City
attorney as to form and issuing bank (the issuing bank must be an
FDIC insured bank located within 100 miles of the City of
Albertville), and must be available in its entirety to fulfill the
obligations of the Developer under this Agreement. The letter of
credit to the City shall contain language requiring its automatic
renewal prior to December 31 of each calendar year, unless
cancellation of the letter of credit is specifically approved in writing by
the City.
C. The City may draw on said letter of credit or surety after required
written notice to complete work not performed by Developer
(including but not limited to on- and off -site improvements, erosion
control, and other such measures), to pay liens on property to be
dedicated to the City, to reimburse itself for costs incurred in the
drafting, execution, administration or enforcement of this Agreement,
to repair or correct deficiencies or other problems which occur to the
Municipal Improvements during the warranty period, or to otherwise
fulfill the obligations of Developer under this Agreement. Said letter of
credit must be maintained by Developer at all times at the level
provided in paragraph 3A above or a lesser amount authorized by the
City Council pursuant to paragraph 4B below.
D. In the event that any cash, irrevocable letter of credit, or other surety
referred to herein is ever utilized and found to be deficient in amount
to pay or reimburse the City in total as required herein, the Developer
agrees that upon being billed by the City, Developer shall pay within
thirty (30) days of the mailing of said billing said deficient amount. If
there should be an overage in the amount of utilized security, the City
will, upon making said determination, refund to the Developer any
monies which the City has in its possession which are in excess of the
actual costs of the project as paid by the City.
E. Developer hereby agrees to allow the City to specially assess
Developer's property for any and all reasonable costs incurred by the
City in enforcing any of the terms of this agreement should
Developer's letter of credit or surety prove insufficient or should
Developer fail to maintain said letter of credit or surety in the amount
required above within 30 days of mailing of written request by the
City.
F. That portion of said cash, irrevocable letter of credit or other surety
with respect to the performance of Site Improvements shall be released
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Agenda Page 64
upon certification of the City Engineer and approval of the City
Council that all such items are satisfactorily completed pursuant to this
Agreement.
G. In the event a surety referred to herein is in the form of an irrevocable
letter of credit, which by its terms may become null and void prior to
the time at which all monetary or other obligations of the Developer
are paid or satisfied, it is agreed that the Developer shall provide the
City with a new letter of credit or other surety, acceptable to the City,
at least forty-five (45) days prior to the expiration of the original letter
of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the terms of
this Agreement and thence draw in part or in total, at the City's
discretion, upon the expiring letter of credit to avoid the loss of surety
for the continued obligation. The form of any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to
its issuance.
H. In the event the Developer files bankruptcy or in the event a
bankruptcy proceeding is filed against Developer by others and is not
dismissed within 60 days, or in the event a court appoints a receiver
for the Developer, the City may draw on its letter of credit or surety in
its full amount to secure its surety position. The City shall then release
the remainder of said letter of credit or surety to the bankruptcy court
or receiver in the same manner that it would be required to release the
letter of credit under this Agreement.
4. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the on- and off -site Improvements, and/or
landscaping improvements, and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately
reduced for that portion of the Municipal Improvements and on- and
off -site improvements and landscaping improvements which have
been fully completed and payment made therefor. All such decisions
shall be at the discretion of the City Council. The City's cost for
processing reduction request(s) shall be billed to the Developer. Such
cost shall be paid to the City within thirty (30) days of the date of
mailing of the billing.
B. The Developer may request of the City a reduction or release of any
surety as follows:
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Agenda Page 65
i. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
ii. When all or a portion of the on- and off -site improvements have
been installed, the letter of credit or surety may be reduced by
the dollar amount attributable to that portion of improvements
so installed, except that the City shall retain the letter of credit
or surety in the amount of 10% of the estimated construction
price of the Municipal Improvements during the first year of the
wai7anty period and 5% of the estimated construction price of
the Municipal Improvements during the second year of the
warranty period.
ill. When all or a portion of the landscaping improvements have
been installed pursuant to the Landscaping Plan attached as
Exhibit F, the letter of credit or surety may be reduced by the
dollar amount attributable to that portion of such landscaping
improvements installed, except the City shall retain the letter of
credit or surety in the amount of 25% of the estimated
Landscaping Improvement costs for two years from the time of
the installation of said landscaping materials.
iii. As to all requests brought under this paragraph, the City
Council shall have complete discretion whether to reduce or not
to reduce said letter of credit or surety.
C. The costs incurred by the City in processing any reduction request
shall be billed to the Developer and paid to the City within thirty (30)
days of billing.
5. Abandonment of Project - Costs and Expenses.
In the event Developer should abandon the proposed development of Said
Plat, the City's costs and expenses related to attorney's fees, professional
review, drafting of this Agreement, preparation of the feasibility report, plans
and specifications, and any other expenses undertaken in reliance upon
Developer's various assertions shall be paid by said Developer within thirty
(30) days after receipt of a bill for such costs from the City. In addition, in the
event the Developer abandons the project, in whole or in part, ceases
substantial field work for more than nine (9) months, fails to provide
sufficient ground -cover to prevent continuing soil erosion from Lot, or fails to
leave the abandoned property in a condition which can be mowed using
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Agenda Page 66
conventional lawn mowing equipment, Developer agrees to pay all costs the
City may incur in taking whatever action is reasonably necessary to provide
ground -cover and otherwise restore Lot 1 to the point where undeveloped
grounds are level and covered with permanent vegetation sufficient to prevent
continuing soil erosion from Lot 1 and to facilitate mowing of Lot 1. In the
event that said costs are not paid, the City may withdraw funds from the
above -mentioned surety for the purpose of paying the costs referred to in this
paragraph.
6. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all
reasonable administrative, legal, planning, engineering and other professional
costs incurred in the creation, administration, and execution of this
Agreement and the approval of Said Plat. In addition, Developer shall
reimburse the City for all reasonable engineering expenses incurred by the
City in designing, approving, installing, and inspecting the improvements
required to be installed on Lot 1, as well as any costs of enforcing this
Agreement as it pertains to Lot 1, including the City's court costs and
reasonable attorney's fees. Developer agrees to pay all such costs within 30
days of billing by the City. If Developer fails to pay said amounts, Developer
agrees to allow the City to reimburse itself from said surety and/or assess the
amount owed against any or all of Said Plat without objection. Developer has
the right to request time sheets or work records to verify said billing prior to
payment.
7. Sanitary Sewer and Water Trunk Line Fees.
A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee
Ordinance and Water Trunk Line Fee Ordinance currently requires
the Developer to pay $2,055.00 per acre and $1,925.00 per acre
respectively, upon development of said Plat. There are 1.62 acres
in said Lot 1 to which the Trunk Charges apply, which received
final plat approval. Therefore, the Sanitary Sewer and Water
Trunk Line Fees for said Lot 1 are $6,447.60 ($3,329.10 in sanitary
sewer trunk line fees calculated as $2,055.00 x 1.62 acres and
$3,118.50 in water fees calculated as $1,925.00 x 1.62 acres).
B. Developer agrees that the City's Storm Water Connection
ordinance currently requires the Developer to pay a storm water
connection charge of $1,500 per acre payable at the time the first
building permit is applied for on Lot 1. That charge shall be
calculated based on 1.62 acres and shall be calculated using the
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Agenda Page 67
per -acre storm water connection charge in effect at the time the
building permit application is submitted.
8. Erosion and Sediment Control.
Developer shall implement all erosion control measures on Lot 1 detailed in
the Storm Water Pollution Prevention Plan ("SWPPP") and on the Grading
and Drainage plan (including construction of all temporary and permanent
ponds) in the order required by the City Engineer. Developer shall also
implement any additional erosion control measures required by the City
Engineer, and shall abide by all erosion control requirements contained in the
Albertville Subdivision ordinance and as required by the NPDES
Construction Stormwater Permit for the project. The parties recognize that
time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and/or the requirements of the NPDES
Construction Stormwater Permit, the City may take such action as it deems
appropriate to control erosion, and the landowner hereby grants the City
permission to enter upon Lot 1 and take such necessary erosion control
actions. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's
and City's rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within thirty
(30) days, the City may draw down the letter of credit to pay any costs or may
specially assess Lot 1 for the costs not covered by the letter of credit. No
development will be allowed and no building permits will be issued unless the
development is in full compliance with the erosion control requirements.
9. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from Said Plat may drain,
and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
10. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage or
repairs which may occur to public property including but not limited to
streets, street sub- base, base, bituminous surface, curb, utility system
including but not limited to watermain, sanitary sewer or storm sewer when
said damage occurs as a result of the construction activity which takes place
during the development of Lot 1, including the initial construction of
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Agenda Page 68
townhomes or the apartment building on Lot 1. The Developer further agrees
to pay all costs required to repair the streets, utility systems and other public
property damaged or cluttered with debris when occurring as a direct or
indirect result of said construction that takes place in on Lot 1.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a
result of construction activity on Lot 1 will be repaired immediately if
deemed to be an emergency by the City. Developer further agrees that any
damage to public property as a result of construction activity on Lot 1 will
be repaired within 14 days if not deemed to be an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public
property, the City may immediately undertake making or causing it to be
cleaned up, repaired or maintained. When the City undertakes such activity,
the Developer shall reimburse the City for all of its expenses within thirty
(30) days of its billing to the Developer. If the Developer fails to pay said bill
within thirty (30) days, then the City may specially assess such costs against
Lot I and/or take necessary legal action to recover such costs and the
Developer agrees that the City shall be entitled to attorney's fees incurred by
the City as a result of such legal action.
11. Temporary Easement Rights.
Developer shall provide access to Lot I at all reasonable times to the City or
its representatives for purposes of inspection or to accomplish any necessary
work pursuant to this Agreement.
12. Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are items for which Developer is responsible for
completing and all work shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Contract.
C. If building permits are issued prior to the completion and acceptance
of public improvements, the Developer assumes all liability and the
costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its
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Agenda Page 69
contractors, subcontractors, materialmen, employees, agents, or third
parties.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Contract shall not be a
waiver or release.
E. This Contract shall run with the land, shall be recorded against the title
to Said Plat and shall bind future owners of Lot 1.
F. The Developer represents to the City that Lot 1 complies with all City,
county, state and federal laws and regulations, including but not
limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that Said Plat does
not comply, the City may, at its option, refuse to allow construction or
development work on Lot 1 until the Developer so complies. Upon
the City's demand, the Developer shall cease work until there is
compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on Said Plat, Developer shall provide the City with
evidence of good and marketable title to all of Said Plat. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of
title updated by an abstract company registered under the laws of the
State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
I. The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the
public health, safety and welfare.
J. Developer shall obtain all required driveway, utility and other permits
as required by the City Engineer, Wright County and/or the State of
Minnesota for the construction of the Municipal Improvements and the
On- and Off -Site Improvements.
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Agenda Page 70
13. Violation of Agreement.
A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
give Developer thirty (30) days mailed notice thereof (via certified
mail), and if such default is not cured within said thirty (30) day
period, the City is hereby granted the right and the privilege to declare
any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run
from the date of deposit in the United States Mail. Upon failure to
cure by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations
under this Agreement, and bring legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all
costs and attorney's fees incurred in enforcing this agreement. The
City may also specially assess all said costs incurred upon default
against Lot 1 pursuant to the terms of this agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph
13(A) above, in the event that a default by Developer will reasonably
result in irreparable harm to the environment or to public property, or
result in an imminent and serious public safety hazard, the City may
immediately exercise all remedies available to it under this agreement
in an effort to prevent, reduce or otherwise mitigate such irreparable
harm or safety hazard, provided that the City makes good -faith,
reasonable efforts to notify the Developer as soon as is practicable of
the default, the projected irreparable harm or safety hazard, and the
intended actions of the City to remedy said harm.
C. Paragraph 13A of this section shall not apply to any acts or rights of
the City under the preceding paragraph 3G, and no notice need be
given to the Developer as a condition precedent to the City declaring a
default or drawing upon the expiring irrevocable letter of credit as
therein authorized. The City may elect to give notice to Developer of
the City's intent to draw upon the surety without waiving the City's
right to draw upon the surety at a future time without notice to the
Developer.
D. Breach of any of the terms of this Contract by the Developer shall be
grounds for denial of building permits.
14. Shared Private Drive and Access to Wright County Highway No. 19.
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Agenda Page 71
A. Developer shall permit the owner of the property abutting on the north and
east property lines of Said Plat and currently assigned Wright County
Property Identification Number 101500024100 ("North Property") to use
the Private Drive for ingress to the North Property provided that:
1. The City requires that Developer provide access to the North
Property via said Private Drive.
2. The owner of the North Property agrees that the costs of
maintenance and repair of that portion of the Private Drive shown
on the attached Exhibit J which is located on the Lot 2North
Pfop€ft� shall be shared between the owner of the North Property
and the owner of Lot 2 (and the owner of Lot 1 if Lot 1 accesses
the Private Drive as shown on Exhibit E) on the basis of the relative
percentage of the square feet of the North Property to the sum of the
entire square footage of Lot 2 and the North Property (and including
the square footage of Lot 1 if Lot 1 accesses the Private Drive as
shown on Exhibit E). The owner of said Lot 2 and the owner of the
North Property may alter this cost sharing formula by mutual written
agreement.
3. The owner of the North Property agrees it will not prevent, restrict
or otherwise inhibit the passage of pedestrians or vehicles over any
portion of the Private Drive nor shall any other conduct, passive
or active, including but not limited to the parking or storage of
vehicles, be permitted which would in any manner restrict the
rights of the respective owners of any of the benefited property,
their tenants, invitees and licensees to fully utilize the shared
Private Drive for the purposes permitted herein. However, in no
event shall any the North Property owner allow any construction -
related traffic that will cause damage to the shared driveway to
utilize the shared driveway, nor shall any owner allow traffic to
use said shared driveway which has a weight rating which exceeds
the weight rating for which said shared driveway was designed and
constructed.
4. The owner of said Lot 2 shall enter into an easement agreement
with the owner of the North Property in substantially the same
form and substantially the same terms as shown on the attached
Exhibit K, provided the owner of the North Property agrees to
enter into said easement, and provided that the owner of Lot 2 and
the owner of the North Property may enter into a different
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Agenda Page 72
easement agreement, provided such different agreement provides
full, unrestricted access to the North Property from CSAH 19.
15. Dedications to the City.
a. Park Dedication. Park dedication for Lot 1 shall be paid prior to
the release of the final plat for recording by the City. Said payment
shall be in the amount of $13,284.00 calculated as $8,200 per acre
x 1.62 acres in Lot 1.
16. Indemnity. Developer shall hold the City and its officers and employees
harmless from claims made by Developer and third parties for damages
sustained or costs incurred resulting from Said Plat approval and development.
The Developer shall indemnify the City and its officers and employees for all
costs, damages or expenses that the City may pay or incur in consequence of
such claims, including attorney's fees. Third parties shall have no recourse
against the City under this contract.
17. Assignment of Contract. The Developer can assign the obligations of the
Developer under this Contract. However, the Developer shall not be released
from its obligations under this contract without the express written consent of
the City Council through Council resolution, except that if Developer assigns
both the rights and the obligations of this Agreement to Krishna, LLC,
Developer shall be relieved of all obligations under this Agreement provided
Krishna, LLC accepts the assignment of such rights and obligations via written
acknowledgement to the City.
18. Limited Approval. Approval of this Agreement by the City Council in no
way constitutes approval of anything other than that which is explicitly
specified in this Agreement.
19. Professional Fees. The Developer will pay all reasonable professional fees
incurred by the City as a result of City efforts to enforce the terms of this
Agreement. Said fees include attorney's fees, engineer's fees, planner's fees,
and any other professional fees incurred by the City in attempting to enforce
the terms of this Agreement. The Developer will also pay all reasonable
attorneys and professional fees incurred by the City in the event an action is
brought upon a letter of credit or other surety furnished by the Developer as
provided herein.
20. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits
are incorporated into this Agreement by reference as they appear. Unless
otherwise specified in this agreement, Developer is bound by said plans and
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Agenda Page 73
responsible for implementation of said plans as herein incorporated.
21. Integration Clause, Modification by Written Agreement Only. This
Agreement represents the full and complete understanding of the parties and
neither party is relying on any prior agreement or statement(s), whether oral or
written, except as specified herein, except that Developer's Agreement
between Developer and the City for Lot 1 of Said Plat. Modification of this
Agreement may occur only if in writing and signed by a duly authorized agent
of both parties.
22. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed
as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Heuring Meadows, LLC.
9437 Libby Lane
Eden Prairie, MN 55347
952-820-1622
With a copy to:
Vickram Aggarwal
Krishna, LLC
6030 Lanewood Lane North
Plymouth, MN 55446
612-812-0372
23. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs,
successors and assigns of the parties hereto.
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Agenda Page 74
CITY OF ALBERTVILLE,
M
an
Jillian Hendrickson
Its Mayor
Kimberly A. Hodena
Its Clerk
HEURING MEADOWS, LLC.
itz
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of April,
2020, 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
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of April,
2020, by Kimberly Hodena, 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
17
Agenda Page 75
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of April,
2020, by , as of Heuring Meadows, LLC.
DRAFTED BY:
Couri & Ruppe P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
Notary Public
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Agenda Page 76
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies is as
follows:
Lot 1, Heuring Meadows Commons, City of Albertville, County of Wright, State of
Minnesota.
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Agenda Page 77
EXHIBIT B
Final Plat
EXHIBIT C
Site Plan
EXHIBIT D
Elevations and Floor Plan of Daycare Building
EXHIBIT E
Connection to the Private Drive from Day Care Property
EXHIBIT F
Landscape Plan
EXHIBIT G
[Omitted]
EXHIBIT H
Storm Sewer Utility Plan
EXHIBIT I
Grading, Drainage and Erosion Control Plan
EXHIBIT J
Portion of Private Drive Subject to Shared Costs with North Property
EXHIBIT K
Easement Agreement with North Property
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Agenda Page 78
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
HEURING MEADOWS COMMONS, LOT 2
THIS AGREEMENT, entered into this day of April, 2020 by
and between Heuring Meadows, LLC., a Minnesota Limited Liability Company
referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of
Wright, State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of the real property
described in Exhibit A, attached hereto and incorporated herein by reference, which
real property is proposed to be subdivided and platted for development and which
real property is subject to the provisions of this Agreement; and
WHEREAS, Developer is proposing to subdivide Outlot A of the plat of
Heuring Meadows, Wright County, Minnesota, into 2 lots with the intention of
constructing a commercial daycare operation on Lot 1 of Said Plat, and a 159 unit
apartment complex and 26 townhomes on Lot 2 of Said Plat. Said subdivision which
is to be governed by this Agreement is intended to bear the name "Heuring Meadows
Commons" and shall be hereinafter referred to in its entirety as "Said Plat" or "Subject
Property"; and
WHEREAS, the City has given final approval of Developer's plat of Heuring
Meadows Commons (attached hereto as Exhibit B) contingent upon compliance with
certain City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to, stop lights, improvements to CSAH 19 and 53' Street, sanitary
sewer, municipal water, moving of the existing trail, street signs, traffic signs and
drainage pond (hereafter "Municipal Improvements") be installed to serve the
Development, to be financed by Developer; and
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WHEREAS, the City further requires that certain on- and off -site
improvements be installed by the Developer within Said Plat, which improvements
consist of boulevards, Private Drive, storm sewer, top soil and sod, grading control
per lot, bituminous or concrete driveways, drainage swales, berming, street signs,
street lights, street cleanup during project development, erosion control, landscaping,
and other site -related items; and
WHEREAS, this agreement applies only to Lot 2 in Said Plat while a
separate Development Agreement to be executed by Developer and City will apply
to Lot 1 in Said Plat; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning the development of Said Plat and the conditions
imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Planned Unit Development. The Development is hereby allowed to be developed
as a Planned Unit Development with flexibility from the strict requirements of the
City's Zoning Ordinance in relation to selected items detailed in this paragraph:
A. The uses on Said Plat shall be restricted as follows:
1) Uses on Lot 2 of Said Plat shall be limited to a 159-unit residential
apartment building constructed substantially as shown on the attached
Exhibits C and D and the 26 residential townhome units in the
configuration shown on the attached Exhibits C and E, including the
construction and operation of the playground area shown on Exhibit C.
No other structures shall be constructed on said Lot 2.
B. Setbacks on Lot 2 shall be as shown on the attached Exhibit C.
C. Lots 1 and 2 of Said Plat shall be subject to an easement agreement which
shall include provisions substantially accomplishing the following
objectives:
1) Lots 1 and 2 of Said Plat shall have full use of the private drive and
parking areas on Said Plat extending from 53' Street to CSAH 19 as
shown on the attached Exhibit C (collectively, "Private Drive"),
provided that Lot 1 shall not initially be connected to the Private Drive,
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but shall connect to said Private Drive if deemed necessary by the City
Council. Said connection, if required by the City, shall be made in the
location shown on the attached Exhibit F. At such time as Lot 1
connects to the Private Drive, Lots 1 and 2 shall share the costs of
maintaining the Private Drive. The Private Drive shall be maintained
by the owner of Lot 2 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, Developer shall record an easement
agreement at the Wright County Recorder's Office that shall be binding
upon said Lots 1 and 2, that meets the approval of the City Attorney and
the City Engineer, and that provides for access to the Private Drive by
Lot 1 if required by the City. Said Private Drive shall not be maintained
by the City and shall remain a private road.
D. The Private Drive shall be constructed by the Developer and shall be signed
"no parking" at all times except in the designated parking areas shown on
the attached Exhibit C. In the event the Private Drive is not maintained in
good repair at all times, the City may, but shall not be required to, maintain
said Private Drive and parking areas adjacent to the Private Drive. The
owner of Lot 2 agrees to pay all costs of such City maintenance within 30
days of the mailing of an invoice by the City. If the owner of Lot 2 fails to
so timely pay said invoice the City may certify said costs to the County
Auditor for collection with the real estate taxes for said Lots 1 and 2
pursuant to Minn. Stat. 366.012. If at such time Lot 1 is using the Private
Drive, the City shall apportion such costs between the lots according to the
relative percentage of their square footage to the total square footage on
Said Plat.
E. All storm water from Lot 2 of Said Plat shall be conveyed to and drain into
the pond to be constructed on Lot 2 as shown on the attached Exhibit G.
The owner of said Lot 2 shall maintain said pond at said owner's expense
in accordance with all requirements of federal law, Minnesota State law,
City ordinance and the reasonable requirements of the City Engineer. The
owner of said Lot 2 shall also maintain the storm sewer system in proper
functioning order at all times. Developer shall enter into the Stormwater
Agreement attached as Exhibit N and shall comply with said agreement at
all times.
F. Trees, shrubs, berms and screening are to be planted and installed as shown
on the landscape plan attached as Exhibit H, at such times set forth below:
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1) The landscaping abutting the single family residential lots in Block
3 of Heuring Meadows shall be installed within 30 days of
completion of final mass subdivision grading, weather permitting;
2) Any other landscaping shown on Exhibit H shall be installed no later
than 60 days after issuance of occupancy permits for the buildings
closest to such landscaping, weather permitting.
3) The owner of Lot 2 shall replace trees and plantings shown on the
landscaping plan attached as Exhibit H that become diseased or die
on Lot 2 from time to time and shall maintain such landscaping
screen in good repair at all times.
G. Required lot line, road and building setbacks for the lots shall be as shown
on the attached Exhibit C.
H. Developer agrees that the 159-unit apartment building and the 26
townhome units to be constructed on Lot 2 of Said Plat will create a
dangerous traffic situation at the intersection of 53' Street and CSAH 19
unless a stoplight and turn lane improvements are installed at said
intersection. Accordingly, to avoid the occurrence of such a dangerous
situation, Developer agrees that no occupancy permits shall be issued for
any residential units on said Lot 2 until stoplights are installed at the
intersection of CSAH 19 and 53" Street and the accompanying street
improvements recommended in the traffic study conducted by SRF dated
December 2, 2019 and on file with the City Clerk ("Stoplight
Improvements") are installed. Developer shall be responsible for the cost
of the installation of such Stoplight Improvements. Developer shall provide
the City with a letter of credit securing the payment of the cost of said
Stoplight Improvement as required by paragraph 4 of this Agreement. The
City shall construct said Stoplight Improvements so long as adequate funds
remain available in Developer's letter of credit required by paragraph 4 of
this Agreement. Developer has requested that the City construct the
Stoplight Improvements and specially assess the costs of said Stoplight
Improvements to the properties in Said Plat, and Developer agrees to
execute the Assessment Waiver attached as Exhibit J to this Agreement.
I. Developer may commence construction on the apartment building on Lot 2
of Said Plat upon issuance of a building permit for such construction,
provided, however, that no occupancy permit shall be issued for any units
in said apartment building until all 26 townhome units are constructed and
occupancy permits have been issued for all 26 townhome units.
J. Developer shall, at Developer's expense, construct a playground in the
location shown on the attached Exhibit C and with the equipment shown on
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the attached Exhibit K. Said playground shall be constructed prior to the
issuance of occupancy permits for any residential units on Said Plat.
K. For a period of two years from the date of approval of Said Plat any
modifications to the City's Official Controls shall not apply to Said Plat. At
the end of said two-year period, any such modifications to the City's
Official Controls shall apply to Said Plat in accordance with Minnesota law.
2. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Heuring Meadows Commons, as prepared by Civil Engineering Site
Design dated , 2020 and on file with the City Clerk, said
improvements to include installation of water mains, sanitary sewer,
right turn lane on CSAH 19 (at the intersection of the Private Drive and
CSAH 19), moving of the existing trail, stop lights, street signs and
traffic signs. All such improvements shall be constructed according to
the standards adopted by the City, along with all items required by the
City Engineer. Unless the City Engineer specifies a later date, said
improvements shall be installed prior to the issuance of an occupancy
permit for any of the residential units on Lot 2.
B. The Developer shall provide the City with record drawings for all
Municipal Improvements, consistent with City requirements and subject
to review and approval of the City Engineer. Record drawings shall be
certified by a registered land surveyor or engineer that all ponds, swales,
emergency overflows, and Municipal Improvements have been
constructed on public easements. The Developer shall provide such
record drawings in both paper and electronic format as required by the
City Engineer.
C. The Developer warrants to the City for a period of two years from the
date the City accepts the finished Municipal Improvements that all
such improvements have been constructed to City standards and shall
suffer no significant impairments, either to the structure or to the
surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
Acceptance shall be by City Council motion or resolution.
D. Developer shall provide the City with lien waivers from all contractors
and subcontractors engaged to construct said Municipal Improvements
on Said Plat. Should Developer fail to provide the City with all
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Agenda Page 83
applicable lien waivers, the City reserves the right to draw upon
Developer's surety after providing Developer with 30 days written
notice and pay any contractors who performed work on any Municipal
Improvements and whom Developer has failed to fully pay for the
performance of said work.
E. The City shall, at its option, have the City Engineer present on Said Plat
for inspection purposes at all times (or such times as the City may deem
necessary) during the construction and installation of said Municipal
Improvements and for erosion control work. Developer agrees to pay
for all costs incurred by the City during said inspections.
3. Construction of On- and Off -Site Improvements.
A. Developer shall construct all on- and off -site improvements including
installation of yard top soil, sod and seed in all yards, landscaping,
grading control per lot, bituminous or concrete driveways and parking
areas, Private Drive, storm sewer, storm water ponding, drainage
swales, berming, parking lot striping, Private Drive and parking lot
lighting and like items as necessary, street cleanup during project
development, and erosion control, all as required by City ordinance
and this Agreement, and in accordance with the plans submitted by the
Developer and approved by the City. Those portions of the yards not
required to be sodded may be seeded with grass seed or sodded. In all
cases permanent turf or grass must be established over all areas of the
lot not covered by a hard or impervious surface. Said on- and off -site
improvements shall be installed prior to the issuance of an occupancy
permit for any structure on Lot 2, with the exception of erosion
control, drainage swales and berming, which shall be installed upon
initial grading of Said Plat.
B. Developer shall, at its own expense, be responsible to ensure the
following items are installed within the development, all such items to
be installed underground, within the street right of way or such other
location as may be approved by the City Engineer, accessible to all lots
and in compliance with all applicable state and local regulations:
i. Electrical power supply, to be provided by Xcel Energy or
other such carrier;
ii. Natural gas supply, to be provided by Center Point Energy or
other such carrier;
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iii. Telephone service, to be provided by Century Link Telephone
Company or other such carrier;
iv. Cable TV service, to be provided by a local carrier;
In addition, the Developer shall, at its own expense, cause streetlights
and street signs to be of such type and to be installed at such locations
as required by the City Engineer and in conformance with the Manual
on Uniform Traffic Control Devices. The owner of Lot 2 shall be
responsible for streetlight operational expense for all street lights
installed on Lot 2.
C. Developer shall grade Lot 2 consistent with the Grading, Drainage and
Erosion Control Plan attached as Exhibit I. Before any grading is
started on any site, all erosion control measures as shown on the
approved Grading, Drainage and Erosion Control Plan attached as
Exhibit I shall be strictly complied with. Developer shall maintain
erosion control measures in accordance with MPCA's Best
Management Practices at all times during the development of Said Plat
D. Developer shall install a storm water retention/water quality pond
upon Said Plat as shown on the Grading, Drainage and Erosion
Control Plan attached as Exhibit I. Developer shall provide the City
with a perpetual drainage and utility easement over such pond. Said
retention pond shall be installed prior to the installation of utilities.
Said pond shall be maintained by the owners of Lot 2 of Said Plat. In
the event said owners do not maintain said pond as may be required by
law or City ordinance, the City may, but shall not be required to,
maintain said pond, in which event the City may certify all such costs
incurred in maintaining said pond to the Wright County Auditor for
collection with the property taxes for Lot 2 of said Plat. In such
event, the owner of said Lot 2 agrees not to contest the certification of
said costs to Lot 2.
E. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City
may deem necessary) during the construction and installation of said
On- and Off -Site Improvements and for erosion control work.
Developer agrees to pay for all costs incurred by the City during said
inspections.
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4. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the
obligations of the Developer related to Lot 2 under this contract shall
be performed. Said letter of credit or surety shall be in the amount of
the sum of. 1) 100% of the estimated cost of the Municipal
Improvements, 2) 10086% of the estimated cost of installing the
Stoplight Improvements ($3002-58,000), 3) $1,500 per acre for erosion
control and off -site improvements on Lot 2 ($14,880), 3) 50% of the
cost of installing the storm sewer and ponding on Lot 2, 4) 150% of
the estimated cost for installing landscaping/screening materials on Lot
2, and 5) 100% of the cost of installing the Private Drive. All such
costs shall be based on the City Engineer's estimated costs for such
items as of the date Developer applies for a residential building permit
for any residential unit on Lot 2 of Said Plat, and no building permit
for any residential unit shall be issued until an acceptable letter of
credit has been issued to the City.
B. Said letter of credit or surety must meet the approval of the City
attorney as to form and issuing bank (the issuing bank must be an
FDIC insured bank located within 100 miles of the City of
Albertville), and must be available in its entirety to fulfill the
obligations of the Developer under this Agreement. The letter of
credit to the City shall contain language requiring its automatic
renewal prior to December 31 of each calendar year, unless
cancellation of the letter of credit is specifically approved in writing by
the City.
C. The City may draw on said letter of credit or surety after required
written notice to complete work not performed by Developer
(including but not limited to on- and off -site improvements, Municipal
Improvements described above, erosion control, and other such
measures), to pay liens on property to be dedicated to the City, to
reimburse itself for costs incurred by the City related to the installation
of Stoplight Improvements, to reimburse itself for costs incurred in the
drafting, execution, administration or enforcement of this Agreement,
to repair or correct deficiencies or other problems which occur to the
Municipal Improvements during the warranty period, or to otherwise
fulfill the obligations of Developer under this Agreement. Said letter of
credit must be maintained by Developer at all times at the level
provided in paragraph 4A above or a lesser amount authorized by the
City Council pursuant to paragraph 5B below.
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Agenda Page 86
D. In the event that any cash, irrevocable letter of credit, or other surety
referred to herein is ever utilized and found to be deficient in amount
to pay or reimburse the City in total as required herein, the Developer
agrees that upon being billed by the City, Developer shall pay within
thirty (30) days of the mailing of said billing said deficient amount. If
there should be an overage in the amount of utilized security, the City
will, upon making said determination, refund to the Developer any
monies which the City has in its possession which are in excess of the
actual costs of the project as paid by the City.
E. Developer hereby agrees to allow the City to specially assess
Developer's property for any and all reasonable costs incurred by the
City in enforcing any of the terms of this agreement should
Developer's letter of credit or surety prove insufficient or should
Developer fail to maintain said letter of credit or surety in the amount
required above within 30 days of mailing of written request by the
City.
F. That portion of said cash, irrevocable letter of credit or other surety
with respect to the performance of Site Improvements shall be released
upon certification of the City Engineer and approval of the City
Council that all such items are satisfactorily completed pursuant to this
Agreement.
G. In the event a surety referred to herein is in the form of an irrevocable
letter of credit, which by its terms may become null and void prior to
the time at which all monetary or other obligations of the Developer
are paid or satisfied, it is agreed that the Developer shall provide the
City with a new letter of credit or other surety, acceptable to the City,
at least forty-five (45) days prior to the expiration of the original letter
of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the terms of
this Agreement and thence draw in part or in total, at the City's
discretion, upon the expiring letter of credit to avoid the loss of surety
for the continued obligation. The form of any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to
its issuance.
H. In the event the Developer files bankruptcy or in the event a
bankruptcy proceeding is filed against Developer by others and is not
dismissed within 60 days, or in the event a court appoints a receiver
for the Developer, the City may draw on its letter of credit or surety in
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Agenda Page 87
its full amount to secure its surety position. The City shall then release
the remainder of said letter of credit or surety to the bankruptcy court
or receiver in the same manner that it would be required to release the
letter of credit under this Agreement.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements and/or on- and
off -site Improvements, and/or landscaping improvements, and when it
is reasonably prudent, the Developer may request of the City that the
surety be proportionately reduced for that portion of the Municipal
Improvements and on- and off -site improvements and landscaping
improvements which have been fully completed and payment made
therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be
billed to the Developer. Such cost shall be paid to the City within
thirty (30) days of the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any
surety as follows:
i. When another acceptable letter of credit or surety is furnished
to the City to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements or the on -
and off -site improvements have been installed, the letter of
credit or surety may be reduced by the dollar amount
attributable to that portion of improvements so installed, except
that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the
Municipal Improvements during the first year of the warranty
period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the
warranty period.
iii. When all or a portion of the landscaping improvements have
been installed pursuant to the Landscaping Plan attached as
Exhibit D, the letter of credit or surety may be reduced by the
dollar amount attributable to that portion of such landscaping
improvements installed, except the City shall retain the letter of
credit or surety in the amount of 25% of the estimated
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Agenda Page 88
Landscaping Improvement costs for two years from the time of
the installation of said landscaping materials.
iii. As to all requests brought under this paragraph, the City
Council shall have complete discretion whether to reduce or not
to reduce said letter of credit or surety.
C. Upon 1) installation of all Stoplight Improvements; and 2) the issuance
of a certificate of occupancy for all 159 units in the apartment
building; and 3) the special assessment of Lot 1 for the cost of the
Stoplight Improvements, the City shall reduce the letter of credit by
100$6% of the estimated cost of the Stoplight Improvements as set
forth in paragraph 4.A of this Agreement.
D. The costs incurred by the City in processing any reduction request
shall be billed to the Developer and paid to the City within thirty (30)
days of billing.
6. Abandonment of Project - Costs and Expenses.
In the event Developer should abandon the proposed development of Said
Plat, the City's costs and expenses related to attorney's fees, professional
review, drafting of this Agreement, preparation of the feasibility report, plans
and specifications, and any other expenses undertaken in reliance upon
Developer's various assertions shall be paid by said Developer within thirty
(30) days after receipt of a bill for such costs from the City. In addition, in the
event the Developer abandons the project, in whole or in part, ceases
substantial field work for more than nine (9) months, fails to provide
sufficient ground -cover to prevent continuing soil erosion from Said Plat, or
fails to leave the abandoned property in a condition which can be mowed
using conventional lawn mowing equipment, Developer agrees to pay all
costs the City may incur in taking whatever action is reasonably necessary to
provide ground -cover and otherwise restore Lot 2 to the point where
undeveloped grounds are level and covered with permanent vegetation
sufficient to prevent continuing soil erosion from Lot 2 and to facilitate
mowing of Lot 2. In the event that said costs are not paid, the City may
withdraw funds from the above -mentioned surety for the purpose of paying
the costs referred to in this paragraph.
7. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all
reasonable administrative, legal, planning, engineering and other professional
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costs incurred in the creation, administration, enforcement or execution of this
Agreement and the approval of Said Plat. In addition, Developer shall
reimburse the City for all reasonable engineering expenses incurred by the
City in designing, approving, installing, and inspecting the improvements
required to be installed on Lot 2, as well as any costs of enforcing this
Agreement as it pertains to Lot 2, including the City's court costs and
reasonable attorney's fees. Developer agrees to pay all such costs within 30
days of billing by the City. If Developer fails to pay said amounts, Developer
agrees to allow the City to reimburse itself from said surety and/or assess the
amount owed against any or all of Said Plat without objection. Developer has
the right to request time sheets or work records to verify said billing prior to
payment.
8. Sanitary Sewer Trunk Line, Water Trunk Line, and Storm Water
Connection Fees.
A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee
Ordinance and Water Trunk Line Fee Ordinance currently requires the
Developer to pay $2,055.00 per acre and $1,925.00 per acre
respectively, upon development of said Plat. There are 9.92 acres in
said Lot 2 to which the Trunk Charges apply, which received final plat
approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees
for said Lot 2 are $39,481.60 ($20,385.60 in sanitary sewer trunk line
fees calculated as $2,055.00 x 9.92 acres and $19,096.00 in water fees
calculated as $1,925.00 x 9.92 acres). Said fees shall be due upon
application for the first building permit on said Lot 2.
B. Developer agrees that the City's Storm Water Connection ordinance
currently requires the Developer to pay a storm water connection
charge of $1,500 per acre payable at the time the first building permit
is applied for on Lot 2. That charge shall be calculated based on 9.92
acres and shall be calculated using the per -acre storm water connection
charge in effect at the time the building permit application is
submitted.
9. Erosion and Sediment Control.
Developer shall implement all erosion control measures on Lot 2 detailed in
the Storm Water Pollution Prevention Plan ("SWPPP") and on the Grading
and Drainage plan (including construction of all temporary and permanent
ponds) in the order required by the City Engineer. Developer shall also
implement any additional erosion control measures required by the City
Engineer, and shall abide by all erosion control requirements contained in the
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Agenda Page 90
Albertville Subdivision ordinance and as required by the NPDES
Construction Stormwater Permit for the project. The parties recognize that
time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and/or the requirements of the NPDES
Construction Storrnwater Permit, the City may take such action as it deems
appropriate to control erosion, and the landowner hereby grants the City
permission to enter upon Lot 2 and take such necessary erosion control
actions. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's
and City's rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within thirty
(30) days, the City may draw down the letter of credit to pay any costs or may
specially assess Lot 2 for the costs not covered by the letter of credit. No
development will be allowed and no building permits will be issued unless the
development is in full compliance with the erosion control requirements.
10. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from Said Plat may drain,
and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
11. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage or
repairs which may occur to public property including but not limited to
streets, street sub- base, base, bituminous surface, curb, utility system
including but not limited to watermain, sanitary sewer or storm sewer when
said damage occurs as a result of the construction activity which takes place
during the development of Lot 2, including the initial construction of
townhomes or the apartment building on Lot 2. The Developer further agrees
to pay all costs required to repair the streets, utility systems and other public
property damaged or cluttered with debris when occurring as a direct or
indirect result of said construction that takes place in on Lot 2.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a
result of construction activity on Lot 2 will be repaired immediately if
deemed to be an emergency by the City. Developer further agrees that any
damage to public property as a result of construction activity on Lot 2 will
be repaired within 14 days if not deemed to be an emergency by the City.
13
Agenda Page 91
If Developer fails to so clean the streets or repair or maintain said public
property, the City may immediately undertake making or causing it to be
cleaned up, repaired or maintained. When the City undertakes such activity,
the Developer shall reimburse the City for all of its expenses within thirty
(30) days of its billing to the Developer. If the Developer fails to pay said bill
within thirty (30) days, then the City may specially assess such costs against
Lot 2 and/or take necessary legal action to recover such costs and the
Developer agrees that the City shall be entitled to attorney's fees incurred by
the City as a result of such legal action.
12. Temporary Easement Rights.
Developer shall provide access to Lot 2 at all reasonable times to the City or
its representatives for purposes of inspection or to accomplish any necessary
work pursuant to this Agreement.
13. Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are items for which Developer is responsible for
completing and all work shall be done at Developer's expense, with the
exception of the Stoplight impr-ovements w-hieh shall be eenstfuete
by the Git�, with 86' % of such costs being speeia4y assessed to Let 2.
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Contract.
C. If building permits are issued prior to the completion and acceptance
of public improvements, the Developer assumes all liability and the
costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Contract shall not be a
waiver or release.
14
Agenda Page 92
E. This Contract shall run with the land, shall be recorded against the title
to Said Plat and shall bind future owners of Lot 2.
F. The Developer represents to the City that Lot 2 complies with all City,
county, state and federal laws and regulations, including but not
limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that Said Plat does
not comply, the City may, at its option, refuse to allow construction or
development work on Lot 2 until the Developer so complies. Upon
the City's demand, the Developer shall cease work until there is
compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on Said Plat, Developer shall provide the City with
evidence of good and marketable title to all of Said Plat. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of
title updated by an abstract company registered under the laws of the
State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
L The Albertville City Council reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the
public health, safety and welfare.
J. Developer shall obtain all required driveway, utility and other permits
as required by the City Engineer, Wright County and/or the State of
Minnesota for the construction of the Municipal Improvements and the
On- and Off -Site Improvements.
14. Violation of Agreement.
A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
give Developer thirty (30) days mailed notice thereof (via certified
mail), and if such default is not cured within said thirty (30) day
period, the City is hereby granted the right and the privilege to declare
any deficiencies governed by this Agreement due and payable to the
15
Agenda Page 93
City in full. The thirty (30) day notice period shall be deemed to run
from the date of deposit in the United States Mail. Upon failure to
cure by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations
under this Agreement, and bring legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all
costs and attorney's fees incurred in enforcing this agreement. The
City may also specially assess all said costs incurred upon default
against the properties in Said Plat pursuant to the terms of this
agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph
14(A) above, in the event that a default by Developer will reasonably
result in irreparable harm to the environment or to public property, or
result in an imminent and serious public safety hazard, the City may
immediately exercise all remedies available to it under this agreement
in an effort to prevent, reduce or otherwise mitigate such irreparable
harm or safety hazard, provided that the City makes good -faith,
reasonable efforts to notify the Developer as soon as is practicable of
the default, the projected irreparable harm or safety hazard, and the
intended actions of the City to remedy said harm.
C. Paragraph 14A of this section shall not apply to any acts or rights of
the City under the preceding paragraph 4G, and no notice need be
given to the Developer as a condition precedent to the City declaring a
default or drawing upon the expiring irrevocable letter of credit as
therein authorized. The City may elect to give notice to Developer of
the City's intent to draw upon the surety without waiving the City's
right to draw upon the surety at a future time without notice to the
Developer.
D. Breach of any of the terms of this Contract by the Developer shall be
grounds for denial of building permits.
15. Shared Private Drive and Access to Wright County Highway No. 19.
A. Developer shall permit the owner of the property abutting on the north and
east property lines of Said Plat and currently assigned Wright County
Property Identification Number 101500024100 ("North Property") to use
the Private Drive for ingress to the North Property provided that:
1. The City requires that Developer provide access to the North
16
Agenda Page 94
Property via said Private Drive.
2. The owner of the North Property agrees that the costs of
maintenance and repair of that portion of the Private Drive shown
on the attached Exhibit L which is located on Lot 2 shall be shared
between the owner of the North Property and the owner of Lot 2
(and the owner of Lot 1 if Lot 1 accesses the Private Drive as
shown on Exhibit F) on the basis of the relative percentage of the
square feet of the North Property to the sum of the entire square
footage of Lot 2 and the North Property (and including the square
footage of Lot 1 if Lot 1 accesses the Private Drive as shown on
Exhibit F). The owner of said Lot 2 and the owner of the North
Property may alter this cost sharing formula by mutual written
agreement.
3. The owner of the North Property agrees it will not prevent, restrict
or otherwise inhibit the passage of pedestrians or vehicles over any
portion of the Private Drive nor shall any other conduct, passive
or active, including but not limited to the parking or storage of
vehicles, be permitted which would in any manner restrict the
rights of the respective owners of any of the benefited property,
their tenants, invitees and licensees to fully utilize the shared
Private Drive for the purposes permitted herein. However, in no
event shall any the North Property owner allow any construction -
related traffic that will cause damage to the shared driveway to
utilize the shared driveway, nor shall any owner allow traffic to
use said shared driveway which has a weight rating which exceeds
the weight rating for which said shared driveway was designed and
constructed.
4. The owner of said Lot 2 shall enter into an easement agreement
with the owner of the North Property in substantially the same
form and substantially the same terms as shown on the attached
Exhibit M, provided the owner of the North Property agrees to
enter into said easement, and provided that the owner of Lot 2 and
the owner of the North Property may enter into a different
easement agreement, provided such agreement provides full,
unrestricted access to the North Property from CSAH 19.
B. In the event the City requires that that Developer provide access to the
North Property via said Private Drive, the City shall determine at which
point or points shown on Exhibit L such access shall be granted.
17
Agenda Page 95
16. Dedications to the City.
A. Municipal Improvement Dedications. The Developer, upon
presentation to the City of evidence of good and marketable title to Said
Plat, and upon completion of all construction work and certification of
completion by the City Engineer, shall dedicate the pond and all sanitary
sewers and water mains that are located in a drainage and utility
easement as shown on Said Plat to the City. Upon acceptance of
dedication, Developer shall provide to the City "As-Builts" of all sewers
and water mains and the pond. Acceptance by City of any dedication
shall occur upon passage of a resolution to such effect by the City
Council. The owner of Lot 2 of Said Plat shall be required to maintain
the storm water pond as required by paragraph 1.E above.
B. Park Dedication. Developer shall satisfy its park dedication
requirement for Lot 2 under the City's subdivision ordinance with the
payment of $610,500.00 in park dedication fees, calculated as 185
residential units times $3,300 per unit. Park dedication shall be paid
prior to the issuance of any building permit on Lot 2.
17. Administrative Fee. A fee for City administration of this project shall be paid
prior to the issuance of any building permit for a structure on Lot 2. Said fee
shall be 3.5% of the estimated construction costs of the Municipal
Improvements within the Plat. The administrative fee for this Plat is
$ , calculated as 3.5% x $ estimated
municipal improvement cost as of the date of this Agreement.
18. Indemnity. Developer shall hold the City and its officers and employees
harmless from claims made by Developer and third parties for damages
sustained or costs incurred resulting from Said Plat approval and development.
The Developer shall indemnify the City and its officers and employees for all
costs, damages or expenses that the City may pay or incur in consequence of
such claims, including attorney's fees. Third parties shall have no recourse
against the City under this contract.
19. Assignment of Contract. The Developer can assign the obligations of the
Developer under this Contract. However, the Developer shall not be released
from its obligations under this contract without the express written consent of
the City Council through Council resolution.
20. Limited Approval. Approval of this Agreement by the City Council in no
way constitutes approval of anything other than that which is explicitly
specified in this Agreement.
18
Agenda Page 96
21. Professional Fees. The Developer will pay all reasonable professional fees
incurred by the City as a result of City efforts to enforce the terms of this
Agreement. Said fees include attorney's fees, engineer's fees, planner's fees,
and any other professional fees incurred by the City in attempting to enforce
the terms of this Agreement. The Developer will also pay all reasonable
attorneys and professional fees incurred by the City in the event an action is
brought upon a letter of credit or other surety furnished by the Developer as
provided herein.
22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits
are incorporated into this Agreement by reference as they appear. Unless
otherwise specified in this agreement, Developer is bound by said plans and
responsible for implementation of said plans as herein incorporated.
23. Integration Clause, Modification by Written Agreement Only. This
Agreement represents the full and complete understanding of the parties and
neither party is relying on any prior agreement or statement(s), whether oral or
written, except as specified herein, except that Developer's Agreement
between Developer and the City for Lot 1 of Said Plat. Modification of this
Agreement may occur only if in writing and signed by a duly authorized agent
of both parties.
24. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed
as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Heuring Meadows, LLC.
9437 Libby Lane
Eden Prairie, MN 55347
952-820-1622
25. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs,
successors and assigns of the parties hereto.
19
Agenda Page 97
CITY OF ALBERTVILLE,
itz
Rz
Jillian Hendrickson
Its Mayor
Kimberly A. Hodena
Its Clerk
HEURING MEADOWS, LLC.
M
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
Apri Mafe , 2020, 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
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
A riles, 2020, by Kimberly Hodena, as Clerk of the City of Albertville, a
20
Agenda Page 98
Minnesota municipal corporation, on behalf of the city and pursuant to the authority
of the City Council.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
Apr ilk, 2020, by as
Meadows, LLC.
DRAFTED BY:
Couri & Ruppe P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
Notary Public
day of
of Heuring
21
Agenda Page 99
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies is as
follows:
Lot 2, Heuring Meadows Commons, City of Albertville, County of Wright, State of
Minnesota.
22
Agenda Page 100
EXHIBIT B
Final Plat
EXHIBIT C
Site Plan
EXHIBIT D
Apartment Plans
EXHIBIT E
Townhome Plans
EXHIBIT F
Connection to the Private Drive from Day Care Property
EXHIBIT G
Storm Sewer Utility Plan
EXHIBIT H
Landscape Plan
EXHIBIT I
Grading, Drainage and Erosion Control Plan
EXHIBIT J
Assessment Waiver
EXHIBIT K
Playground Equipment
EXHIBIT L
Portion of Private Drive Subject to Shared Costs with North Property
23
Agenda Page 101
EXHIBIT M
Easement Agreement with North Property
EXHIBIT N
Storm Water Agreement
EXHIBIT O
Private Drive Access Points
24
Agenda Page 102
EXHIBIT J
AGREEMENT FOR WAIVER OF OBJECTION TO
SPECIAL ASSESSMENT ASSOCIATED WITH
THE CONSTRUCTION OF COMMERCE BOULEVARD
WHEREAS, Heuring Meadows, LLC, the owner ("Owner") of a parcel of property
known as Lot 2, Block 1, Heuring Meadows Commons, within the City of Albertville,
Minnesota ("Property") hereby petitions the Albertville City Council to install stop lights
and associated street improvements at the intersection of Wright County Highway No. 19
and 53' Street in Albertville ("Improvements") necessary for the development of the
Property; and
WHEREAS, the Owner hereby requests that 100% of any and all fees and costs
required for construction of said Improvements be adopted by the City as a special
assessment against the Property; and
WHEREAS, the City has agreed to construct the Improvements provided that the
owner of the Property agrees to waive any special assessment appeal rights it might have
with regard to the costs proposed to be assessed to its property.
WHEREAS, the assessment to the Property as a result of the installation of the
Improvements is expected to be $300,000.
NOW, THEREFORE, the City of Albertville and Owner agree as follows:
1. The City shall construct the petitioned for Improvements pursuant to the plans and
specifications prepared by the City Engineer for the Improvements, but only after the
City has received from the Owner or others letters of credit acceptable to the City in
the amount of $300,000 consistent with the requirements of the Development
Agreements entered into between the City and Owner for the plat of Heuring
Meadows Commons, LLC.
1
Agenda Page 103
2. The City may adopt a special assessment against the benefiting properties for the
costs associated with such improvements.
3. Owner hereby petitions the City to construct said Improvements, and waives the
right to a public hearing as required by Minn. Stat. 429.031.
4. Owner hereby knowingly and voluntarily waives any objection to said assessment
levied against the Property in an amount up to $300,000, representing 100% of the
estimated cost of said Improvements. Specifically, Owner acknowledges that the
Improvements will specially benefit the Property in an amount at least equal to
$300,000 and hereby waives any right to appeal or challenge an assessment in the
amount of $300,000 pursuant to Minn. Stat. §429.081, or any other statutory,
common law, or Constitutional provision. The City shall not specially assess an
amount more than the actual cost of the project (but including administrative fees of
3.5%).
5. In the event that the special assessments levied against the Property exceed
$300,000, Owner shall have the right to appeal from the difference between
$300,000 and the actual assessment amount levied against the Property.
6. This Agreement shall be binding upon and extend to the representatives, heirs,
successors and assigns of the parties hereto.
Dated: , 2020
CITY OF ALBERTVILLE
Jillian Hendrickson
Mayor
Kim Hodena
City Clerk
OWNER
Heuring Meadows, LLC.
By:
Its:
ON
Agenda Page 104
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2020, 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
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2020, by Kim Hodena, 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
STATE OF MINNESOTA
COUNTY OF WRIGHT
The foregoing instrument was acknowledged before me this
2020, by as
Meadows, LLC.
This instrument was drafted by:
Couri & Ruppe, P.L.L.P.
705 Central Ave. East
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
day of
of Heuring
SIGNATURE OF NOTARY
3
Agenda Page 105
�1bertvi I le Mayor and Council Communication
April 14, 2020
SUBJECT: FINANCE - 1ST QUARTER BUDGET TO ACTUAL REPORT — UN -AUDITED
1st QUARTER BUDGET TO ACTUAL: Attached are the 1st Quarter 2020 un-audited General
Fund summaries of revenues and expenditures. Revenues are expected be at 8% (due to the first
tax settlement not distributed until July). Expenses are expected to be at 25%. This summary
shows operating revenues are at 11.44% and operating expenses are at 21.95%.
VARIANCES:
Revenue:
• Property Taxes and LGA - Not received until July and December
• Police Aid — Not received until October
• Fire Aid — Not received until October
• Interest Earnings — Interest on Investments are not allocated until December
• Liquor Licenses — renewals are due each April
• Leases — Soccer lease payments currently on month to month lease — not budgeted
Expenses:
• General Government - $9,000 for Microsoft Server 2019
• Culture & Recreation — includes 4' Quarter 2019 payment requested in January 2020
Responsible Person/Department: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachment: 2020 Budget to Actual
P:ACity Council\Council Packet Information\2020\042020\042020 1st Quarter 2020 Budget to Actual RCA.docx
Meeting Date: April 20, 2020
da Page 106
Mayor and Council Communication — April 20, 2020
FINANCE — I" Quarter Report
Page 2 of 3
P:ACity Council\Council Packet Information\2020\042020\042020 1st Quarter 2020 Budget to Actual RCA.docx
Meeting Date: April 20, 2020
Agenda Page 107
2020 Council Update
General Fund Operations
2020
2020 Actual Ytd
General Fund Revenue: Budget 03/31/20 Budget
31010
Current Ad Valorem Taxes
2,138,228
$11,417
0.53%
32100
Business Licenses &Permits
27,000
$8,325
30.83%
32110
Liquor Licenses
30,000
$22,160
73.87%
32150
Sign Permits
500
$0
0.00%
32210
Building Permits
100,000
$44,079
44.08%
32240
Animal Licenses
1,000
$415
41.50%
33401
LGA Revenue expected
112,010
$0
0.00%
33405
Police Aid
41 000
$0
0.00%
33406
Fire Aid
64,000
$0
0.00%
33422
Other State Aid Grants
500
$0
0.00%
33423
Municipal Maintenance Aid
11,000
$5,768
52.43%
34000
Charges for Services
15,000
$3,886
25.91
34005
En ineerin As Built Fee
3,000
$750
25.00%
34101
Leases - City Property
2,600
$7,770
0.00%
34103
Zoning &Subdivision Fees
2,500
$1,000
40.00%
34104
Plan Check Fee
65,000
$20,741
31.91
34107
Title Searches
2,500
$1,200
48.00%
34113
Franchise Fee -Cable
74,000
$16,981
22.95%
34202
Fire Protection Contract Charges
407,253
$185,484
45.55%
34780
Rental Fees
15,000
$2,743
18.28%
34950
Other Revenues
15,000
$4,419
29.46%
34110
Arena
13,410
$3,353
25.00%
34112
Electric Franchise Fee
125,000
$31,120
24.90%
36210
Interest Earnings
25,000
$6,102
24.41%
General Fund Reserves
12,461
$0
0.00%
Total Revenues
3,302,962
377,711
11.44%
Mayor and Council Communication — April 20, 2020
FINANCE — I" Quarter Report
Page 3 of 3
2020
2020 Actual Ytd %
Capital Reserve Fund Revenues Budget 03/31/20 Budget
31010
Current Ad Valorem Taxes
1,275,868
$0
0.00%
2020 Council Update
Capital Fund
2020
2020 Actual Ytd %
Capital Reserve Fund Expenditures Budget 03/31/20 Budget
300
Professional Services
1,275,686
$42,256
3.31%
P:ACity Council\Council Packet Information\2020\042020\042020 1st Quarter 2020 Budget to Actual RCA.docx
Meeting Date: April 20, 2020
Agenda Page 108
2020
General Fund Department 2020 Actual Ytd
Expenditures: Budget 03/31/20 Budget
41000
General Government
37,269
$17,891
48.00%
41100
Council
47,274
$13,494
28.54%
41300
Combined Administrator/En ineer
158,401
$37,688
23.79%
41400
City Clerk
120,502
$26,446
21.95%
41440
Elections
25,000
$3,842
15.37%
41500
Finance
112,473
$23,935
21.28%
41550
City Assessor
36,720
$0
0.00%
41600
City Attorney
40,000
$7,868
19.67%
41700
City Engineer
25,000
$1,812
7.25%
41800
Economic Development
11,000
$0
0.00%
41910
Planning & Zoning
56,507
$12,588
22.28%
41940
City Hall
144,835
$18,381
12.69%
42000
Fire Department
525,021
$104,302
19.87%
42110
Police
799,715
$200,477
25.07%
42400
Building Inspection
248,653
$58,902
23.69%
42700
Animal Control
9,000
$951
10.57%
43100
Public Works -Streets
362,650
$78,921
21.76%
45000
Culture &Recreation
78,042
$26,290
33.69%
45100
Parks &Recreation
373,734
$75,726
20.26%
43160
Electric street lights
91,166
$15,360
16.85%
Total Expenditures 3,302,962 724,873
21.
A\Ibc tvijlie City Administrator's Update
Small Town living. Big City We.
April 16, 2020
GENERAL ADMINISTRATION
Planning Commission: Applicant interviews are scheduled to take place at 6:00 p.m. prior to
the regular meeting via video conference.
Parks Committee: The Parks Committee will seek interested parties for the vacant seat on the
committee and offer a recommendation to the City Council at a future meeting.
Central Park Shelter: Work on the shelter has begun. The building materials and labor are
being funded by the Albertville Lions. The city is responsible for removals, utilities, site
concrete, and turf restoration.
Arena Board: The Arena Board met this week and reviewed arena operations. Assuming no ice
will be sold through the May, the Arena will realize a budgeted revenue loss of about $65,000.
It is planned that arena employees will help be used by the two cities' public works department
for the interim.
1-94 Coalition: The Coalition is working with MnDOT on re -submitting the BUILD grant
application for the Albertville to Monticello segment. Albertville will be updating its letter of
support.
ENGINEERING/PUBLIC WORKS
Kwik Trip: Kwik Trip is underway and working towards a July completion.
Heuring Meadows Commons: This in an agenda item where the Developer is requesting
modifications to the two agreements. The Goddard School is planning to start construction late
May.
WWTP Forcemain Project: The work on the sludge storage is nearing completion and the pipe
contractor is back on -site testing the new forcemain and working on lift station start up.
Restoration will follow.
2020 Overlay: The project has been awarded and we are working to complete contracts and
plan to start the project in early June.
58t" Street NE and Central Park Improvements: The project is out for advertisement and bids
will be presented to the Council at the first meeting in May.
Non -Native Phragmites: Staff is in discussions with the MPCA, Department of Ag, and other
municipalities regarding the use of the non-native reeds at our wastewater plants.
Agenda Page 109
CSAH 19 and 7011 Street: The project is underway with removals and preliminary project
staging.
Attachments: none
City Administrator's Update Page 2 of 2 April 16, 2020
Agenda Page 110