2021-12-20 City Council Agenda Packet £ City of Albertville Council Agenda
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Monday, December 20, 2021
City Council Chambers
7pm
PUBLIC COMMENTS-The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest.Citizens wishing to address the Council regarding specific agenda items,other than public hearings,are invited to do so under Public Forum
and are asked to fill out a"Request to Speak Card". Presentations are limited to five(5)minutes.
1. Call to Order
2. Pledge of Allegiance—Roll Call Pages
3. Recognitions — Presentations -Introductions
4. Public Forum— (time reserved 5 minutes)
5. Amendments to the Agenda
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed
on the Consent Agenda following the approval of the remaining Consent items. Items pulled
will be approved by a separate motion.
A. Approve the December 6, 2021, Truth-in Taxation Meeting minutes as presented. 3
B. Approve the December 6, 2021, regular City Council Meeting minutes as presented 4-8
C. Authorize the Monday, December 20, 2021,payment of claims as presented, except bills 9
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at City
Hall upon request.
D. Adopt Resolution No. 2021-056 accepting the redistribution of unrequested Coronavirus 10-13
Local Fiscal Recovery Fund established under the American Rescue Plan Act.
E. Authorize the Purchase of 5 sets of Turnout Gear for the Fire Department. 14-15
F. Approve the 2022 Albertville Fire Relief Association Bylaws. 16-18
7. Public Hearing
8. Wright County Sheriff's Office—Updates,reports, etc.
9. Department Business
A. City Council
1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc)
B. Building—None
C. City Clerk—None
D. Finance—None
E. Fire—None
City of Albertville City Council Agenda
Monday,December 20, 2021 Page 2 of 2
F. Planning and Zoning 19-27
1. The Preserve at Albertville—Outlots D and F Zoning Map Amendment
(Motion to adopt Ordinance No. 2021-15 amending the City's Zoning Map by
changing the zoning on Outlots D and F of The Preserve at Albertville to the
Public/Industrial District.)
(Motion to adopt Resolution No. 2021-057 approving Zoning Map Amendment for
Outlots D And F of The Preserve at Albertville and Removing Outlots D and F from
The Preserve at Albertville Development/PUD Agreement.)
G. Public Works/Engineering—None
H. Legal 28-60
1. Modifications to Kingston Crossing Development Agreement and Stormwater
Management Agreement
(Motion to approve amendments to the Planned Unit Development Agreement and the
Stormwater Management Agreement for Kingston Crossings.)
L Administration—None
10. Announcements and/or Upcoming Meetings
December 23 City Offices are closed in observance of the Christmas Holiday
December 27 Joint Powers Water Board, 6 pm
Parks Committee—meeting cancelled
December 30 City Offices are closed in observance of New Years
January 3, 2022 City Council, 7 pm
January 10 STMA Arena Board, 6 pm
January 11 Planning Commission, 7 pm
January 17 City Offices are closed in observance of Martin Luther King Jr. Day
January 18 City Council, 7 pm
11. Adjournment
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ALBERTVILLE CITY COUNCIL
TRUTH-IN-TAXATION HEARING MINUTES December 6, 2021 — 6:15 pm
Council Chambers
Albertville City Hall
1. Call to Order
Mayor Hendrickson called the meeting to order at 6:18 pm.
2. Pledge of Allegiance—Roll Call
Present: Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski
Staff Present: City Administrator-PWD Nafstad, Fire Chief Bullen, Finance Director Lannes
and City Clerk Luedke
3. TRUTH-IN TAXATION HEARING
Finance Director Lannes' presentation included an overview of how the property taxes are
calculated and how the budget process works. She presented the historical levy data and
explained the expected changes to the revenue and expenditures for 2022. She stated the
proposed levy increase is 4.99%which equals an increase of$215,567. She said no one was
present for comments and answered questions from Council.
City Administrator Nafstad answered questions from Council regarding the proposed levy
increase.
4. Adjournment
MOTION made by Councilmember Olson, second by Councilmember Zagorski to adjourn the
meeting at 6:31 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None.
The motion carried.
Respectfully submitted,
Kristine A. Luedke, City Clerk
Agenda Page 3
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ALBERTVILLE CITY COUNCIL
DRAFT REGULAR MEETING MINUTES December 6, 2021 —7 pm
Council Chambers
Albertville City Hall
1. Call to Order
Mayor Hendrickson called the meeting to order at 7 pm.
2. Pledge of Allegiance— Roll Call
Present: Mayor Hendrickson, Councilmembers Cocking,Hudson, Olson and Zagorski
Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Attorney Couri, City Planner
Brixius, Finance Director Lannes and City Clerk Luedke.
3. Recognitions —Presentations—Introductions —None
4. Public Forum
There was no one present for the public form.
5. Amendments to the Agenda
There were no amendments to the agenda.
MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the
December 6, 2021, agenda as presented. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.
Nays: None. The motion carried.
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on
the Consent Agenda following the approval of the remaining Consent items. Items pulled will be
approved by a separate motion.
A. Approve the November 15, 2021, regular City Council Meeting minutes as presented.
B. Authorize the Monday, December 6, 2021,payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at City
Hall upon request.
C. Authorize the payment of all claims received by December 31, 2021, which would be
the year-out closeout of payment claims.
D. Adopt Resolution No. 2021-050 establishing the 2022 City observed Holidays.
E. Adopt Resolution No. 2021-051 establishing the 2022 City Council Regular Meeting
Dates.
MOTION made by Councilmember Hudson, seconded by Councilmember Olson to approve the
December 6, 2021, Consent Agenda as presented. Ayes: Cocking, Hendrickson, Hudson, Olson and
Zagorski.Nays: None. The motion carried.
Agenda Page 4
City Council Meeting Draft Minutes Page 2
Regular Meeting of December 6,2021
7. Public Hearing—None
8. Wright County Sheriff's Office—Updates,reports, etc.
The deputy who was present reported with the winter parking restrictions in effort, the sheriff's
department has been issuing tickets to the cars parked overnight on the City streets.
City Administrator Nafstad said City staff met with the Wright County Sheriff's Department and
discussed the winter parking restrictions and other issues such as dumpsters on City streets. He said
the discussions also included ways to handle these issues and he answered questions from Council.
9. Department Business
A. City Council
1. Committee Updates (STMA Ice Arena, Planning, JPWB,Parks, Fire Board,
FYCC)
Councilmember Olson said the Joint Powers Water Board met and approved their 2022 budget and
added the Albertville water rates would remain the same for 2022. He reported FYCC met and said
the outdoor ice rinks may open without attendants this year because no one was applied for the rink
attendant positions.
Councilmember Cocking said the District Finance Advisory Committee has begun to meet again
due to the school's levy not passing. He said at this time he was not sure what the Committee's plan
would be moving forward and he answered questions from the other Councilmembers.
2. Reappointment of Planning Commissioners
City Administrator Nafstad introduced the item and answered questions from Council.
MOTION made by Councilmember Zagorski, seconded by Councilmember Hudson to adopt
Resolution No. 2021-052 reappointing Planning Commissioners Paul Buhrmann and Rick
Anderson through December 31, 2025. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.
Nays: None. The motion carried.
B. Building—None
C. City Clerk
1. Adopt 2022 Fee Schedule Ordinance
City Clerk Luedke presented the staff report and said the majority of the City's fees would remain
the same for 2022. She provided information on the proposed fee increases and said if approved, the
fee schedule would become effective on January 1, 2022. She answered questions from Council.
City Administrator Nafstad provided additional information on the proposed increase to the park
dedication fees. He answered questions from Council regarding the Park's Capital Budget.
City Planner Brixius answered questions from Council regarding the proposed park dedication fees
increases, the process used to establish the fees and how the City may need to justify the increase if
the fees were challenged.
City Attorney Couri also answered questions from Council regarding the proposed park dedication
fee increases and how the additional fees would need to be justified. He said the City would need to
go through an analysis before the new fees should be implemented.
Agenda Page 5
City Council Meeting Draft Minutes Page 3
Regular Meeting of December 6,2021
1. Adopt 2022 Fee Schedule Ordinance—continued
There was Council discussion regarding the proposed 2022 fee changes. The Council discussed
increasing the resident's park dedication fees but decreasing the commercial fees to be able to keep
competitive with neighboring communities. After much discussion, the Council's consensus was to
approve the 2022 fees except for the park dedications fee increases.
The Council directed City staff to provide additional information to justify if the fees should be
increased and if so, what the increases should be. City Administrator Nafstad said City staff would
bring back documentation and community comparable to a meeting in January.
MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to adopt
Ordinance No. 2021-14, amending Title 3, Chapter 1, Section 3-1-3 (City Fees, Fines and Rates
Schedule in the Albertville Municipal Code) except for the proposed increase to the park dedication
fees and approving the summary Ordinance for Publication. Ayes: Cocking, Hendrickson, Hudson,
Olson and Zagorski.Nays: None. The motion carried.
D. Finance
1. Adopt 2022 Property Tax Levy and Final Budget
Finance Director Lannes introduced the item.
MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to adopt
Resolution No. 2021-053 adopting the 2022 Property Tax Levy. Ayes: Cocking, Hendrickson,
Hudson, Olson and Zagorski.Nays: None. The motion carried.
MOTION made by Councilmember Zagorski, seconded by Councilmember Olson to adopt
Resolution No. 2021-054 adopting the 2022 Final Budget. Ayes: Cocking, Hendrickson, Hudson,
Olson and Zagorski.Nays: None. The motion carried.
E. Fire
1. Fire Department Update
Fire Chief Bullen said City Administrator Nafstad and he would be meeting with the City of Otsego
to discuss their City's ongoing Fire Study and added Otsego was planning to narrow down their fire
service options. He reported in 2022, the Fire Department planned to have only one annual business
meeting that the Council liaison should attend instead of the quarterly meetings as in the past. Chief
Bullen said 4 new Reserve Firefighters were sworn in last month.
Chief Bullen reported Allina attended the Wright County Chief's meeting and said they would be
implementing a new medical response guideline protocol effective January 1, 2022. He said the fire
department would no longer be called for the 2 lowest level of EMS calls which should make a
difference in the number of fire calls. He said St. Michael would be on the same new protocol.
Chief Bullen also reported the fire department applied for a FEMA AFG Grant for the replacement
of the SCBA Compressor and Fill Station. He said the current station is 16 years old and has been
having some maintenance issues and added the company who installed it was no longer in business.
He reported the replacement unit would be approximately $47,000 and said there may be some
trade-in value on the old unit. Chief Bullen said the Fire Department would also be seeking a
MSFDA SAFER Grant to be used for the initial physical exams and turnout gear for the new fire
recruits. He answered questions from the Council regarding the grant process.
Agenda Page 6
City Council Meeting Draft Minutes Page 4
Regular Meeting of December 6,2021
F. Planning and Zoning
1. Konz Crossing—Conditional Use Permit for Service Lane and Outdoor Dining
City Planner Brixius provided an overview of the request received from Konz Crossing for a
conditional use permit for a drive-through service lane that is intended for pick up of preordered
meals only and variance for the stacking length requirement. He said the initial application was
approved in February 2021 and answered questions from Council.
City Administrator Nafstad provided additional information on the request and said that he believes
that the proposed restaurant may want to add a drive-up menu board. He asked City Planner Brixius
what the procedure would be for the addition of a menu board. He also asked if this item should be
tabled to a future meeting.
City Planner Brixius outlined the procedure if a menu board were requested and answered questions
from Council regarding the City's ordinance on drive-through service lanes. He said if an
amendment was requested, the plans would need to be redesigned and the approval would go
through the public hearing process.
City Attorney Couri also answered questions from Council regard the process.
There was Council discussion regarding the proposed drive-through service lanes, the process if the
applicant were to request a change, other drive-through establishments in the City and if the item
should be tabled.
City Planner Brixius recommended that the Council move forward on the application presented
tonight because the City had not received a request from the property owners for a change and said
if the applicant would like to amendment the plans in the future the City would work with them.
The Council's consensus was to move forward on the application that was submitted by the
property owners.
MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to adopt
Resolution No. 2021-055 approving the Konz Crossing requests for a conditional use permits for a
drive-through service lane and outdoor dining and a variance from the stacking length for a drive-
through service lane for the property located at 5703 Lachman Avenue NE. Ayes: Cocking,
Hendrickson,Hudson, Olson and Zagorski. Nays: None. The motion carried.
2. Shoppes at Towne Lakes Yd Potential Usage Discussion
City Planner Brixius said that City staff met with a real estate agent who was interested in
marketing the property at the Shoppes at Towne Lakes as well as the old Hana site and outlot A. He
said the area was currently zoned B2A Retail/Entertainment. He asked the Council if they would be
open to a drive-through car wash or a climate control self-storage unit for the area and said if so a
zoning change would be required.
City Administrator Nafstad said Anytime fitness may be interested in one of the lots and added
there may also be some interest from other parties on the lots for a restaurant and a liquor store.
There was Council discussion regarding the inquiry and the different options for the locations. The
Council's consensus was not to change the zoning of the location for a car wash or self-storage unit.
Agenda Page 7
City Council Meeting Draft Minutes Page 5
Regular Meeting of December 6,2021
G. Public Works/Engineering—None
H. Legal—None
L Administration
1. 2022 Government Relations Representation
City Administrator Nafstad reported the City had worked with Stinson for lobbying services since
2018 and said they helped secure funds for the City for past improvements projects. He said City
staff was recommending extending the current agreement for another 12 months which is within the
2022 budget. He said then the City would be ready to move forward if transportation or waste water
funds became available.
There was Council discussion regarding the proposed extension and how much money Albertville
residents were saved due to the bonds that Stinson was able to secure in the past.
MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to approve the
2022 proposal for Government Relations Representation. Ayes: Cocking, Hendrickson, Hudson,
Olson and Zagorski. Nays: None. The motion carried.
Announcements and/or Upcoming Meetings
December 13 STMA Arena Board, 6 pm
December 14 Planning Commission, 7 pm
December 20 City Council, 7 pm
December 23 City Offices closed in observance of Christmas
December 27 Joint Powers Water Board, 6 pm
Parks Committee, 7pm
December 30 City Offices closed in observance of New Years
January 3, 2022 City Council, 7 pm
10. Adjournment
MOTION made by Councilmember Hudson, second by Councilmember Olson to adjourn the
meeting at 8:29 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The
motion carried.
Respectfully submitted,
Kristine A. Luedke, City Clerk
Agenda Page 8
�lbcrtviljc Mayor and Council Request for Action
I f
December 20, 2021
SUBJECT: CONSENT—FINANCE—PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, December 20, 2021,payment of the claims as presented
except the bills specifically pulled, which are passed by separate motion. The claims listing has
been provided to Council as a separate document. The claims listing is available for public
viewing at City Hall upon request.
BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved
through their respective departments and administration and passed onto the City Council for
approval.
KEY ISSUES:
• Account codes starting with 810 are STMA Arena 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)
Agenda Page 9
�lbcrtviljc Mayor and Council Request for Action
I f
December 20, 2021
SUBJECT: CONSENT—FINANCE—ACCEPT THE CORONAVIRUS LOCAL FISCAL
RECOVERY FUNDS REDISTRIBUTION
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2021-056 accepting the redistribution of unrequested
Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.
BACKGROUND: Congress adopted the American Rescue Plan Act("ARPA)"in March 2021
which included $65 billion in recovery funds for cities across the country. The US Treasury
provided guidelines for each city to follow which determines the ways the funds can be used.
The State will be the responsible party to submit the monies to each city. The City of Albertville
is a non-entitlement unit(NEU)because it has a population under 50,000. The rate will be from
$100 to $105 per capita based on the City's 2019 Census data. The funds will come from the
State in two payments—one in 2021 and the other in 2022.
The deadline for NEU's to request funding was October 11, 2021, which left an amount of nearly
$377 million available to Minnesota's NEUs for redistribution. The redistribution rate is
approximately $3.47 per capita, capped at 75% of the most recent budget adopted as of January
27, 2020. Albertville has been allocated an additional $13,062.13 from the redistribution. This
amount will come from the State in two payments—one in 2021 and the other in 2022.
Unlike the Coronavirus Relief Fund through the CARES Act, these funds will be available for
appropriation through December 31, 2024. The United State Department of Treasury has adopted
guidance regarding what the funds can be used for. Staff will continue to review the US Treasury
guidance because periodically additional items are added and the guidance is refined.
KEY ISSUES:
• The City of Albertville has been allocated an additional $26,124.26 pursuant to the
ARPA Redistribution Allocation.
• Recommendations on how the funds could be utilized will come before the City Council
for consideration at a future Council meeting.
• The funds will be allocated in 2 payments—one in 2021 and the other in 2022.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to accept the Coronavirus Local Fiscal Recovery Funds established under the American Rescue
Plan Act.
Agenda Page 10
Mayor and Council Request for Action—December 20,2021
Consent-Finance—Accept Additional ARPA Funds Page 2 of 2
FINANCIAL CONSIDERATION: The City has been allotted an additional $26,124.26 over
the next two years. The first payment will come in 2021 and the second payment will be received
one year later. The formula included the amount per capita multiplied by the City's population in
2019.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment:
• Resolution No. 2021-056
Agenda Page 11
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF NHNNESOTA
RESOLUTION NO. 2021-056
A RESOLUTION TO ACCEPT THE REDISTRIBUTION OF
UNREQUESTED CORONAVIRUS LOCAL FISCAL RECOVERY FUND
ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT
WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 ("ARPA")
which included $65 billion in recovery funds for cities across the country; and
WHEREAS,ARPA funds are intended to provide support to state, local, and tribal
governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19
in their communities, residents, and businesses; and
WHEREAS,The Fiscal Recovery Funds provides for$19.53 billion in payments to be
made to States and territories which will distribute the funds to non-entitlement units of local
government(NEUs); and
WHEREAS,NEUs generally have populations below 50,000; and
WHEREAS,the ARPA requires that States and territories allocate funding to NEUs in
an amount that bears the same proportion as the population of the NEU bears to the total
population of all NEUs in the State or territory; and
WHEREAS, after the deadline of October 11, 2021, passed for NEUs to request ARPA
funds, nearly $12 million of the $377 million available to Minnesota's NEUs remained
unrequested; and
WHEREAS, as allowed by the U.S. Treasury, the State of Minnesota has redistributed
these remaining funds amongst eligible local governments who requested ARPA funds; and
WHEREAS,the redistribution amount is approximately$3.47 per capita, capped at 75%
of the most recent budget adopted as of January 27, 2020; and
WHEREAS, $13,062.13 has been allocated to the City of Albertville ("City")pursuant
to the ARPA (Redistribution); and
WHEREAS,the Redistribution will be distributed in two tranches with half received in
2021 and the second half in 2022; and
WHEREAS,the United States Department of Treasury has adopted guidance regarding
the use of ARPA funds.
Agenda Page 12
City of Albertville,MN
Resolution No.2021-056
December 20,2021
Page 2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ALBERTVILLE,NHNNESOTA AS FOLLOWS:
1. The City accepts the Redistribution of Coronavirus Local Fiscal Recovery Fund
established under the ARPA to be used in a manner consistent with guidance adopted by
the United State Department of Treasury.
2. City staff, together with the Major and the City Administrator are authorized to take
actions to secure the Redistribution for the City, if necessary.
Adopted by the City Council of the City of Albertville this 2011 day of December 2021.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 13
S'."T°W"L""9.Big City u". Mayor and Council Request for Action
December 20, 2021
SUBJECT: CONSENT—FIRE DEPARTMENT—PURCHASE OF 5 SETS OF TURNOUT GEAR
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Authorize the purchase of 5 sets of turnout gear for the Fire Department.
BACKGROUND: Historically, the Fire Department's initial issue of turnout gear to Reserve
Firefighters comes from our spare stock, which has been previously sized for other Fire
Department members. The Fire Department currently sizes, and purchases new gear, once a
Reserve Firefighter moves into a Paid-On-Call position. The new gear is individually sized for
each Paid-On-Call Firefighter,providing maximum safety and comfort.
Recently the Minnesota State Fire Department Association (MSFDA) received a Federal
Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response
(SAFER) grant. A portion of this grant was earmarked towards allowing MSFDA member
Departments to submit for reimbursement to assist in covering the initial costs for turnout gear
and health screenings for new hires. The MSFDA program will allow for up to $3,000 per new
hire for initial turnout gear costs. The Fire Department has already submitted a request for
reimbursement of$924.50 for the initial health screening costs of our current Reserve
Firefighters. The MSFDA grant program is a first-come, first-served, reimbursement.
Over the last year, the Fire Departments turnout gear supplier has had 4 price increases, and the
cost per set of turnout gear has increased by $674.00. The Fire Department believes that these
prices will continue to increase into 2022.
The Fire Department believes that purchasing a new set of turnout gear for each of the Reserve
Firefighters,that still needs an individually sized set, and applying for the MSFDA
reimbursement, is in the best financial interest of the City, since the 5 Reserve Firefighters will
most likely need a new set of turnout gear in 2022.
Turnout gear is part of a planned rotation of equipment and budgeted in the Fire Department's
capital plan. The initial cost of the requested turnout gear purchase would come from the Fire
Department's capital plan, with the reimbursement money received going back into the capital
fund.
Staff is recommending approval of the purchase of 5 sets of turnout gear for the Fire Department.
KEY ISSUES:
• The Fire Department is requesting the purchase of 5 sets of turnout gear for Reserve
Firefighters.
• The Fire Department Board of Officers has reviewed the purchase and is recommending
Council action.
Agenda Page 14
Mayor and Council Request for Action—December 20,2021
Consent—Fire—Purchase of Turnout Gear Page 2 of 2
• The initial purchase of$16,900, would be funded from the Fire Department's Capital
Plan.
• The Fire Department would then submit for reimbursement, of up to $15,000, from the
Minnesota State Fire Department Association (MSFDA) Federal Emergency
Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response
(SAFER) grant program.
• Turnout gear is part of a planned rotation of equipment and budgeted in the Fire
Department's Capital Plan.
POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all
capital purchases and investments.
FINANCIAL CONSIDERATIONS: The initial purchase of$16,900, would be funded from
the Fire Department's Capital Plan. The Fire Department would then submit for reimbursement,
of up to $15,000, from the Minnesota State Fire Department Association (MSFDA) Federal
Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response
(SAFER) grant program. Turnout gear is part of a planned rotation of equipment and budgeted in
the Fire Department's capital plan.
LEGAL CONSIDERATIONS: The City has the authority to purchase equipment under the
State of Minnesota contract or by quotes.
Responsible Person: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Full Quote Available on Request
Agenda Page 15
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Mayor & Council Request for Action
December 20, 2021
SUBJECT: CONSENT—FIRE-ALBERTVILLE FIRE RELIEF ASSOCIATION BYLAWS
RECOMMENDATION: Staff respectfully requests Council consideration regarding the
updated 2022 Albertville Fire Relief Association Bylaws.
MOTION TO: Approve the 2022 Albertville Fire Relief Association Bylaws.
BACKGROUND: The Albertville City Council authorized the current Albertville Fire Relief
Association Bylaws on February 16, 2021.
There are two minor Bylaw updates which required Relief Association Board of Trustees, and
now subsequent City Council, approval.
1. On October 7, 2021,the Relief Association Board of Trustees met and discussed a
proposal for a new schedule for the Board of Trustee elections. The Board of Trustees
wanted to separate the President and Vice-President elections, and stagger the terms of
the two positions. On November 29th, the Board of Trustees voted unanimously to
approve the Draft Bylaw change and to bring the vote to the entire Relief Association
Membership. On December 2"d, the Relief Association Membership unanimously passed
the Draft Bylaw change, sending the draft language to the City Attorney and City
Council.
2. On July 1, 2021, the Albertville Fire Relief Association Board voted unanimously to
authorize an Annual Retirement Benefit increase from $3200 to $3700 per year of
service. The City Council approved the Annual Retirement Benefit increase, and
resulting Resolution, on September 7, 2021. The Albertville Fire Relief Association
Bylaws, Attachment A, is now updated to reflect the increase.
The City Attorney has reviewed the proposed changes.
If approved by the City Council, the 2022 Albertville Fire Relief Association 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: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachment:
• 2022 Albertville Fire Relief Association Draft Bylaw Changes
• A full copy of the Albertville Fire Relief Association Bylaws is available on request
Agenda Page 16
Mayor and Council Request for Action—December 20, 2021
Consent—Fire—Fire Relief Association Bylaws Page 2 of 3
ARTICLE III - OFFICERS AND TRUSTEES
Section 2 — MEMBERS OF THE BOARD OF TRUSTEES. The Board consists of nine
members (Trustees): six Trustees elected by the Association membership and three Trustees drawn
from officials of the City served by the Fire Department.' 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.
The Board of Trustees (Non-Municipal) shall be elected, by majority vote, from the Association
membership, for 2-year terms. The 2-year term for each Board of Trustee (Non-Municipal)
position takes effect January lst of the next calendar year.
The elections of the Board of Trustees (Non-Municipal) will be staggered, and shall follow this
schedule:
Odd-Year Term (2021-2022): Even-Year Term (2022-2023):
President Vice-President
Treasurer Secretary
Trustee 41 Trustee 42
In the event that any current Board of Trustee member (Non-Municipal) seeks, and is elected to,
an Officer position (See Section 3), they will automatically relinquish the duties of their current
position upon the effective date of the new Officer position. Should the above situation create an
opening in the Board of Trustees, a special election shall be conducted to fill the remaining term
of the Board of Trustee (Non-Municipal)vacancy.
For any mid-term vacancy in the Board of Trustees (Non-Municipal), a special election shall be
conducted to fill the remaining term of the Board of Trustee vacancy.
1 Minn. Stat. §424A.04,subd. 1.
Agenda Page 17
Mayor and Council Request for Action—December 20, 2021
Consent—Fire—Fire Relief Association Bylaws Page 3 of 3
member-ship wheii a stweesser-will be eleeted by the member-ship. The iiaii mtfflieipal tmstees will
Section 3 OFFICERS-=rcERS-.2 lzrc csident, ie ident,Seer-@t•,,- easttrcr will be eleeted
of the Tmstees will be staggered. In ne event will a*y Tpdstee hold fner-e than ene Offieer-Posit
Section 3 — OFFICERS.3 The President, Vice President, Secretary, and Treasurer make up the
Officers of the Association. 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.
ATTACHMENT A - BENEFIT LEVEL
BENEFIT LEVEL DATE APPROVED DATE RATIFIED EFFECTIVE
AMOUNT BY RELIEF BY CITY DATE
ASSOCIATION
$2,400 1/1/2015
$2,600 4/6/17 11/20/17 1/1/2018
$2,800 3/28/19 4/1/19 4/1/2019
$3,200 7/30/2020 8/17/2020 1/1/2021
$3,700 7/1/2021 9/7/2021 l/l/2022
2 Minn. Stat. §424A.04,subd. 1;see also Minn. Stat. § 317A.305.
3 Minn. Stat. §424A.04,subd. 1;see also Minn. Stat. § 317A.305.
Agenda Page 18
�lbcrtvillc
Mayor and Council Request for Action
December 20, 2021
SUBJECT: PLANNING—THE PRESERVE AT ALBERTVILLE—OUTLOTS D AND F
ZONING MAP AMENDMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Ordinance No. 2021-15 amending the City's Zoning Map by changing the
zoning on Outlots D and F of The Preserve at Albertville to the Public/Industrial District.
MOTION TO: Adopt Resolution No. 2021-057 approving Zoning Map Amendment for Outlots
D And F of The Preserve At Albertville and Removing Outlots D And F from the Preserve At
Albertville Development/PUD Agreement.
BACKGROUND: Integrated Properties LLC has filed an application requesting that Outlots D
and F be zoned P/I Public Institutional District to allow for the sale of these Outlots to the
Joint Powers Water Board.
In June 2021,the Albertville City Council approved the final plat and final PUD stage for The
Preserve at Albertville. A condition of the approval included:
"Outlots D and F are the parcels that will be made available for purchase by the Water Treatment
Plant."
The final plat has progressed into site development. Integrate Properties LLC and the Joint Water
Board has entered into a purchase agreement for the sale of Outlots D and F of The Preserve at
Albertville. These outlots are currently contained within the PAA-PUD Zoning District which
was approved for The Preserve at Albertville plat. As a condition of purchase, the Joint Powers
Waters Board wants Outlots D and F to be taken out of the PAA-PUD Zoning District and
removed from The Preserve at Albertville development/PUD agreement.
The Joint Water Board wants Outlots D and F to be zoned P/I Public/Institutional Zoning District
to be consistent with the balance of their property and to allow for the expansion of the water
plant facilities located at their site.
KEY ISSUES:
1. The City required Integrate Properties to make available Outlots D and F of The Preserve
at Albertville to the Joint Powers Water Board as a condition of final plat and final PUD
approval.
2. The Joint Powers Water Board has entered into a purchase agreement with Integrate
Properties for the purchase of the Outlots D and F of The Preserve at Albertville, with the
condition that the outlots be zoned P/I Public/Institutional district and the Outlots be
released from The Preserve at Albertville development/PUD agreement.
Agenda Page 19
Mayor and Council Request for Action —December 20, 2021
Planning—The Preserve at Albertville Outlots Zoning Map amendment Page 2 of 2
3. The change in zoning is consistent with the Albertville Visioning Study polices.
• Promote long range planning of utility infrastructure to keep pace with growing
service needs.
• Continue to investigate opportunities to share facilities, services and programs
with surrounding communities as a means of expanding services, avoiding
duplication and reducing costs for Albertville residents.
4. The land use is compatible with surrounding land uses. These outlots will be joined with
the existing Joint Powers Waters property. These outlots are physically separated from
The Preserve at Albertville single family neighborhood by a large wetland. Appropriate
site planning and screening of the Joint Powers Water facilities will be required with
future site development.
5. The change in zoning will not overburden City utilities or services.
6. The change in zoning will not result in traffic generation beyond the capacity of streets
serving the property.
POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice
was published, and a public hearing held on December 14, 2021 by the Albertville Planning
Commission. Upon reviewing the development application, the November 23, 2021 Planning
Report and taking public testimony; the Planning Commission closed the public hearing and
recommended approval of the requested zoning map amendment and the release of Outlots D
and F from The Preserve at Albertville development/PUD agreement.
LEGAL CONSIDERATIONS: In accordance with Council procedures,the Mayor and Council
have the authority to consider and act on a zoning map amendment requests.
Responsible Person: Alan Brixius, City Planner
Submitted Through:Adam Nafstad, City Administrator-PWD
Attachments:
• Exhibit A: November 23, 2021 Planning Report
• Exhibit B: Ordinance No. 2021-15 amending the Albertville zoning map.
• Exhibit C: Resolution No. 2021-057 approving the zoning map amendment and release
Outlots D and F from Preserve at Albertville Development/PUD Agreement
Agenda Page 20
NORTRWEST ASSOCIATED CONSULTANTS,, mc.
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
MEMORANDUM:
TO: Adam Nafstad
FROM: Alan Brixius
DATE: November 23, 2021
RE: Preserve at Albertville Outlots D and F Zoning Map
Amendment
FILE NO: 163.06 21.09
PID: 101-115-200-060 101-115-200-040
BACKGROUND
In June 2021, the Albertville City Council approved the final plan and final PUD stage for
Preserve at Albertville. A condition of the approval included:
"Outlots D and F are the parcels that will be made available for purchase by the Water
Treatment Plant."
The final plat has progressed into site development. Integrate Properties LLC and the
Joint Water Board has entered into a purchase agreement for the sale of Outlots D and
F of Preserve at Albertville. The outlots are currently contained within the PAA-PUD
zoning district which was approved for the Preserve at Albertville plat. As a condition of
purchase the Joint Waters wants Outlots D and F to be taken out of the PAA-PUD
zoning district and removed from the Preserve at Albertville PUD agreement.
The Joint Water Board wants Outlots D and F to be zoned P/I Public/Institutional zoning
district to be consistent with the balance of their property and to allow for the expansion
of the water plant facilities located at their site.
Exhibits.
Exhibit A Final plat
Exhibit B Draft zoning map amendment ordinance.
Exhibit C Resolution approving the zoning map ordinance and releasing the Outlots
from the PAA-PUD development contract.
Agenda Page 21
ANALYSIS
The sale of Outlots D and F to the Joint water was a condition of the Preserve at
Albertville approvals. The intent of this condition is to provide sufficient land area for the
operation and expansion of Joint Powers Water facilities at their present location.
Expansion of this facility is needed to serve its continually growing service area and
population. In this regard the acquisition of the Joint waters site provides opportunity for
it to grow in-place. The change in zoning from PAA-PUD district to P/I district
establishes a zoning district to facilitate the expansion of the Joint Waters facilities. In
review of the change in zoning the following findings are offered.
1 . The change in zoning is consistent with the Albertville Visioning Study polices.
• Promote long range planning of utility infrastructure to keep pace
with growing service needs.
• Continue to investigate opportunities to share facilities, services
and programs with surrounding communities as a means of
expanding services, avoiding duplication and reducing costs for
Albertville residents.
2. The land use is compatible with surrounding land uses. The outlots will be joined
with the existing Joint Waters property. The outlots are physically separated from
the Preserve at Albertville single family neighborhood by a large wetland.
Appropriate site planning and screening of the Joint Water facilities will be
required with future site development.
3. The change in zoning will not overburden City utilities or services.
4. The change in zoning will not result in traffic generation beyond the capacity of
streets serving the property.
CONCLUSION
Based on the aforementioned findings, City Staff recommends the zoning map
amendment changing the zoning of Outlots D and F Preserve at Albertville from PAA-
PUD district to P/I Public /Institutional district.
Staff also recommends releasing Outlots D and F Preserve at Albertville from the PAA-
PUD development — PUD contract.
Agenda Page 22
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roZHB 3.ELEt.ZON a-
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2021-15
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ALBERTVILLE, CHANGING THE ZONING ON OUTLOTS
D AND F OF THE PRESERVE AT ALBERTVILLE FROM PAA-PUD TO
P/I PUBLIC/INSTITUTIONAL DISTRICT IN THE CITY OF ALBERTVILLE
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. The Albertville Zoning Map shall be amended changing the zoning on the
property legally described below from PAA-PUD district to P/I Public/Institutional district.
Legal Description: Outlots D and F, Preserve at Albertville
Section 2. This Amendment shall be in full force and effective immediately following its
passage,publication and the recording of the Final Plat.
Approved by the Albertville City Council this 20th day of December, 2021.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
EXHIBIT B
Agenda Page 25
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2021-057
A RESOLUTION APPROVING A REQUEST FOR A ZONING MAP AMENDMENT
FOR OUTLOTS D AND F OF THE PRESERVE AT ALBERTVILLE AND
REMOVING OUTLOTS D AND F FROM THE PRESERVE AT ALBERTVILLE
DEVELOPMENT/PUD AGREEMENT WITHIN THE CITY OF ALBERTVILLE
WHEREAS,As a condition of PUD and Final Plat approval for The Preserve at
Albertville,the City required that Outlots D and F of The Preserve at Albertville be made
available for purchase by the Joint Powers Water for future expansion of their facility at 11100
501h Street NE; and
WHEREAS, Integrate Properties and Joint Powers Water Board have entered into a
purchase agreement for Outlots D and F to Joint Powers Water with the condition that the
Outlots be zoned P/I Public/Institutional Zoning District consistent with the balance of the Joint
Powers property and the Outlots be removed from The Preserve at Albertville development/PUD
agreement; and
WHEREAS, City staff has reviewed the zoning map amendment application and
prepared a Planning Report dated November 23, 2021; and
WHEREAS,the Albertville Planning Commission met and held a public hearing on
December 14, 2021, to consider the application for the zoning map amendment; and
WHEREAS,upon considering the application materials,the November 23, 2021
Planning Report and public testimony, the Planning Commission closed the public hearing and
recommended that the City Council approve the requested zoning map amendment changing the
zoning for Outlots D and F, The Preserve at Albertville from PAA-PUD district to P/I Public
Institutional district and releasing Outlots D and F from The Preserve at Albertville
development/PUD agreement based on the following findings.
1. The change in zoning is consistent with the Albertville Visioning Study polices.
• Promote long range planning of utility infrastructure to keep pace with growing
service needs.
• Continue to investigate opportunities to share facilities, services and programs with
surrounding communities as a means of expanding services, avoiding duplication and
reducing costs for Albertville residents.
2. The land use is compatible with surrounding land uses. The outlots will be joined with
the existing Joint Powers Water property. The outlots are physically separated from The
Preserve at Albertville single family neighborhood by a large wetland. Appropriate site
planning and screening of the Joint Powers Water facilities will be required with future
site development.
Agenda Page 26
City of Albertville
Resolution No.2021-057
Meeting of December 20,2021
Page 2
3. The change in zoning will not overburden City utilities or services.
4. The change in zoning will not result in traffic generation beyond the capacity of streets
serving the property.
WHEREAS,the Albertville City Council met on December 20, 2021, to consider The
Preserve at Albertville development applications; and
WHEREAS,the Albertville City Council has received the zoning map amendment
application, staff review documents, the Planning Commission recommendation, and agrees with
the findings and recommendation of the Planning Commission.
NOW,THEREFORE BE IT RESOLVED,that the City Council of Albertville,
Minnesota hereby approves Ordinance No. 2021-15 zoning map amendment to change the
zoning for Outlots D and F, Preserve at Albertville from PAA-PUD zoning district to P/I Public/
Institutional district and releases Outlots D and F from The Preserve at Albertville development
/PUD agreement. City Council directs the City staff to take the necessary actions to release
Outlots D and F from The Preserve at Albertville development/PUD agreement.
Adopted by the Albertville City Council this 20' day of December 2021.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
EXHIBIT C
Agenda Page 27
�lbcrtvillc
Mayor and Council Request for Action
December 20, 2021
SUBJECT: LEGAL—MODIFICATIONS TO KINGSTON CROSSING DEVELOPMENT
AND STORMWATER MANAGEMENT AGREEMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve amendments to the Planned Unit Development Agreement and the
Stormwater Management Agreement for Kingston Crossings.
BACKGROUND: In 2020, the City approved a Developer's Agreement for Heuring Meadows
Commons that contained two lots, one for the daycare business and one for the combination
apartment/townhome development on land owned by Mike Leuer. Earlier this year, Mr. Leuer
entered into a purchase agreement with Keupers, Inc. for the sale of Lot 2 of Heuring Meadows
Commons which contains the proposed apartment/townhome project. Keupers proposed
replatting Lot 2 into Lots 1, 2 and 3 of Kingston Crossing,with the Townhomes on Lot 1 and the
formerly single apartment building split into two buildings, one on Lot 2 and one on Lot 3. In
October of this year,the City Council approved a modification to the PUD, approved the plat of
Kingston Crossing and approved a revised developer's agreement. After Council approval,
Keupers sent the developer's agreement and the stormwater management agreement to its
attorney for review, and its attorney has requested a number of mostly minor changes that are
now before the City Council.
In addition, since the developer is now prepared to commence construction of townhome and
apartment units, the Developer will be posting a letter of credit or cash at the closing in the
amount of$300,000 to pay for the installation of the stoplights at CSAH 19 and 53rd Street. As a
result, the agreement to waive the right to appeal the special assessments has been eliminated
from the Agreement as the $300,000 is expected to cover the cost of the stoplight that will be
installed in 2022.
Attached to this document are compare documents showing the changes from the October
developer's agreement to the version the Developer is now requesting be approved and the same
with the Stormwater Management Agreement. These changes have largely been negotiated by
the City Attorney and the attorney for the Developer. The significant changes are summarized
below:
• Substitutes Kingston Crossings of Albertville, LLLP for Kuepers, Inc.
• Requires the City to be reimbursed only for"actual" and/or"reasonable" fees (these
terms are typically implied by law—stating them in the agreement simply states what is
already existing law) and requires the City to provide documentation of such incurred
fees if requested by Developer.
• Paragraph 4.E. has been deleted. This paragraph allowed the City to specially assess
Developer's property for any costs incurred by the City in enforcing this Agreement if the
letter of credit was not sufficient to cover the costs. We have never used this provision
Agenda Page 28
Mayor and Council Request for Action—December 20,2021
Legal-Modifications to Kingston Crossing Agreements Page 2 of 3
and are unsure whether it would be enforceable if we did try to use it. In practice, what
would likely happen if the letter of credit was exhausted is that the City would withhold
building permits under paragraph 14.1), which allows the City to deny building permits if
there is an uncured default. If we had to take further action to enforce the Developer's
Agreement, the City would likely obtain a judgment against the Developer for the cost to
cure a default and would docket that judgement against all three lots, which would
become a lien that would have to be paid before any of the lots could be sold.
• Requires the City use "reasonable discretion" in deciding requests to reduce the letter of
credit instead of having "complete discretion"to do so.
• Requires the City to provide Developer with a certificate of completion once all
Developer's obligations have been performed under the Agreement.
• Retains the 30-day cure period in the event of a default but allows Developer additional
time if it is reasonably required to cure the default and Developer is proceeding with
diligence to affect the cure. For example, if landscaping dies in the winter developer
would have until the growing season to replace it as landscaping cannot reasonably be
replaced in the winter.
• Developer will continue to defend and indemnify the City, but not for damage caused by
the willful misconduct or negligence of the City or for a breach of the agreement by the
City.
• Terminates the 2001 and 2020 developer's agreements as they apply to this lot, as well as
the 2020 stormwater management agreement and the 2020 waiver of special assessments.
The new developer's agreement will replace the 2001/2020 agreement as to this property
and the new stormwater agreement will replace the 2020 stormwater agreement. The
waiver of special assessments will no longer be needed as the Developer will be putting
up a letter of credit before the plat is released, $300,000 of which will be for the stoplight.
If costs come in higher than that, the Developer still will not receive occupancy permits
before the stoplight is installed,which further ensures that the stoplights will be fully
funded even if the cost exceeds the $300,000 estimate.
• The changes to the stormwater management agreement are similar in nature to those
made to the developer's agreement.
KEY ISSUES:
• The Changes are largely technical and minor in nature.
• The City Attorney has reviewed the changes and believes they are acceptable.
POLICY/PRACTICES CONSIDERATIONS: These changes are relatively minor,with most
being technical in nature and not modifying the substance of what the developer is required to
do. The Council has entertained technical modifications to developer's agreements in the past.
FINANCIAL CONSIDERATIONS: These changes are believed to have no financial impact
upon the City.
LEGAL CONSIDERATIONS: The City Attorney finds most of these changes to be technical,
with those that are substantive being minor in nature and noted above. The City Attorney
recommends these changes to the City Council.
Agenda Page 29
Mayor and Council Request for Action —December 20, 2021
Legal -Modifications to Kingston Crossing Agreements Page 3 of 3
Responsible Person: Mike Couri, City Attorney.
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Amended Planned Unit Development Agreement
• Amended Kingston Crossing Stormwater Management Agreement
Agenda Page 30
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
Kingston Crossings
THIS AGREEMENT, entered into this day of , 2021, by
and between Kingston Crossings of Albertville, LLLP, a Minnesota limited liability
limited partnership, 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 ("Said Plat"), 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 Lot 2 of the plat of Heuring
Meadows Commons, Wright County, Minnesota, into 3 lots with the intention of
constructing 26 townhomes on Lot 1 of Said Plat, a 74-unit apartment building and
clubhouse on Lot 2 of Said Plat and a 74-unit apartment building on Lot 3 of Said Plat. Said
subdivision which is to be governed by this Agreement is intended to bear the name
"Kingston Crossings" 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 Kingston
Crossings (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, stoplights at the intersection of CSAH 19 and 53rd Street, 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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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 is intended to replace that Developer's Agreement
titled "City of Albertville Planned Unit Development Agreement Heuring Meadows
Commons, Lot 2" dated May 5, 2020, recorded May 18, 2020, as document number
A1426666 at the Wright County Recorder's Office, Wright County, Minnesota (the
"Existing Development Agreement"); 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) The uses on Lot 1 of Said Plat shall be limited to 26 residential
townhome units in the configuration shown on the attached Exhibits C
and D, including the construction and operation of the playground and
dog run areas and the parking lot shown on Exhibit C.
2) Uses on Lot 2 of Said Plat shall be limited to a 74-unit residential
apartment building constructed substantially as shown on the attached
Exhibits C and E, along with a pool, clubhouse and parking lot, all as
shown on attached Exhibit C.
3) Uses on Lot 3 of Said Plat shall be limited to a 74-unit residential
apartment building constructed substantially as shown on the attached
Exhibits C and E.
B. Setbacks on Lots 1, 2 and 3 shall be as shown on the attached Exhibit C.
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C. Lots 1, 2 and 3 of Said Plat shall be subject to an easement agreement which
shall include provisions substantially accomplishing the following objectives:
1) Lots 1, 2 and 3 of Said Plat shall have full use of the private drive and
parking areas on Said Plat extending from 53rd Street to CSAH 19 as
shown on the attached Exhibit C (collectively, "Private Drive"),
including a shared cross-parking easement for Lot 3 of Said Plat to use
the parking lot to be built on Lot 2 of Said Plat. In addition, in the
event the City Council deems it necessary, Developer shall allow Lot 1
of Heuring Meadows Commons to also use said Private Drive for
ingress and egress, provided that said access shall be made in the
location shown on the attached Exhibit F. At such time as Lot 1 of
Heuring Meadows Commons connects to the Private Drive, said Lot 1
of Heuring Meadows Commons and the lots on Said Plat shall share
the costs of maintaining the Private Drive. The Private Drive shall be
maintained by the Developer in good repair at all times similar to the
manner in which the City maintains its residential streets.
2) At the time the final plat is recorded, unless such an agreement has
already been recorded and burdens the property in Said Plat,
Developer shall record an easement agreement at the Wright County
Recorder's Office that shall be binding upon Lots 1, 2 and 3 of Said
Plat. Such easement agreement shall meet the approval of the City
Attorney and the City Engineer, which approval shall not be
unreasonably withheld, shall provide for access to the Private Drive by
Lot 1 of Heuring Meadows Commons at such time as may be required
by the City, and shall require the maintenance of said Private Drive in
good repair at all times similar to the manner in which the City
maintains its residential streets. Said Private Drive shall not be
maintained by the City and shall remain a private road.
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, following all applicable notice and cure periods the City
may, but shall not be required to, maintain said Private Drive and parking
areas adjacent to the Private Drive. In such event, the owners of Lots 1, 2 and
3 of Said Plat agree to pay all actual costs of such City maintenance within 30
days of the mailing of an invoice and supporting documentation by the City.
If said Owners fail 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 on Said Plat 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
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according to the relative percentage of their square footage to the total square
footage of all lots on Said Plat and Lot 1, Heuring Meadows Commons.
E. All storm water from Said Plat shall be conveyed to and drain into the pond to
be constructed on Lot 1 as shown on the attached Exhibit G. The owners of
Lots 1, 2 and 3 of Said Plat 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 owners
of Lots 1, 2 and 3 of Said Plat shall also maintain the storm sewer system in
proper functioning order at all times. Developer shall enter into the
Stormwater Agreement attached as Exhibit H 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 I, at such times set forth below:
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 I shall be installed no later
than 60 days after issuance of occupancy permits for the buildings
closest to such landscaping, weather permitting.
3) Developer shall replace trees and plantings shown on the landscaping
plan attached as Exhibit I that become diseased or die 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 two 74-unit apartment buildings and the 26 townhome
units to be constructed on Said Plat will create a dangerous traffic situation at the
intersection of 53rd 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 Plat until stoplights are
installed at the intersection of CSAH 19 and 53rd 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 (collectively, "Stoplight
Improvements"). Developer shall be responsible for the City's actual out-of-
pocket cost of the installation of such Stoplight Improvements. Developer shall
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provide the City with cash or a letter of credit acceptable to the City securing the
payment of the estimated cost of said Stoplight Improvements as required by
paragraph 4 of this Agreement. The City shall construct said Stoplight
Improvements so long as adequate funds to pay for the Stoplight Improvements
have been provided as cash or in the letter of credit and remain available as cash
or in Developer's letter of credit required by paragraph 4 of this Agreement.
Developer has requested that the City construct the Stoplight Improvements
which the City may determine not to construct if the Developer has not first
provided the City with cash or a letter of credit in at least the amount of the
estimated cost of installing the Stoplight Improvements as estimated by the City
Engineer. Nothing in this Agreement shall prevent the City from installing the
Stoplight Improvements at any time (regardless of whether Developer has
applied for a building permit and provided the required letter of credit) and
special assessing some or all of such costs to the benefitting properties in
accordance with Minnesota Statutes Chapter 429, which may include all lots on
Said Plat.
I. Developer may commence construction on the apartment building on either
Lot 2 or Lot 3 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 buildings 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 the pool and clubhouse in
the locations shown on Exhibit C. All such construction shall be completed
prior to the issuance of an occupancy permit for the second 74-unit apartment
building to be constructed on Said Plat. Developer shall maintain the
clubhouse and pool in proper working order.
K. Developer shall, at Developer's expense, construct a playground and dog park
in the location shown on the attached Exhibit C and with the equipment
shown on the attached Exhibit K. Said playground and dog park shall be
constructed prior to the issuance of occupancy permits for any residential
units on Said Plat. Both the playground and dog park shall be maintained in
proper working order by the Developer and shall be open to all tenants
residing on Said Plat.
L. In the event the ownership of Lots 1, 2 or 3 is ever split between more than
one owner (i.e. with one party owning one lot and another party owning
another lot), prior to the splitting of such ownership the Developer shall
execute and record a cross-easement agreement granting the access to the dog
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park, the playground, the pool and the clubhouse to all residents of Lots 1, 2
and 3, and providing for the division of maintenance costs of such facilities
between the owners of Lots 1, 2 and 3. Any such cross-easement agreement
shall be subject to the review and approval of the City Attorney, which
approval shall not be unreasonably withheld, and shall be recorded at the
Wright County Recorder's Office.
M. 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 Kingston
Crossings, as prepared by Civil Engineering Site Design dated September 9,
2021 (the "Plans") 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, street signs and traffic signs. All such improvements shall be
constructed according to the standards adopted by the City, along with all
items reasonably 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 Said Plat.
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, which approval shall not be unreasonably
withheld. 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
reasonably 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.
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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 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 such times as the City may deem reasonably necessary
during the construction and installation of said Municipal Improvements and
for erosion control work. Developer agrees to pay for all actual 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 Said Plat, 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
shown in the Plans or 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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ill. 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 shown
on the Plans and in conformance with the Manual on Uniform Traffic Control
Devices or as may be reasonably required by the City Engineer. The
Developer shall be responsible for streetlight operational expense for all street
lights installed on Said Plat, and said street lights shall be maintained in good
repair, ordinary wear and tear excepted, at all times.
C. Developer shall grade Said Plat consistent with the Grading, Drainage and
Erosion Control Plan attached as Exhibit J. 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 J 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 J. 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 Developer
of Said Plat. In the event the Developer does not maintain said pond as may
be required by law or City ordinance, the City, following applicable notice
and cure periods may, but shall not be required to, maintain said pond, in
which event the City may certify all such actual costs incurred in maintaining
said pond to the Wright County Auditor for collection with the property taxes
for the lots on Said Plat. In such event, the Developer agrees not to contest the
certification of said costs to the lots on Said Plat.
E. The City shall, at its option, have the City Engineer present on Said Plat for
inspection purposes at such times as the City may deem reasonably
necessary during the construction and installation of said on- and off-site
improvements and for erosion control work. Developer agrees to pay for all
actual costs incurred by the City during said inspections.
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4. Surety Requirements.
A. Prior to the release of the final plat for Said Plat, Developer will provide the
City with cash, an irrevocable letter of credit (or other surety as approved by
the City Attorney) or a combination thereof as security that the obligations of
the Developer related to Said Plat under this Agreement shall be performed.
Said cash, letter of credit and/or surety shall be in the amount of the sum of
$1,388,380, representing the following costs: 1) 100% of the estimated cost of
the Municipal Improvements ($307,000), 2) 100% of the estimated cost of
installing the Stoplight Improvements ($300,000), 3) $1,500 per acre for
erosion control and off-site improvements on Said Plat ($14,880), 4) 50% of
the cost of installing the storm sewer and ponding on Said Plat ($178,500), 5)
150% of the estimated cost for installing landscaping/screening materials on
Said Plat ($342,000) and 6) 100% of the cost of installing the Private Drive
($246,000).
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 cash or letter of credit after default and failure to
cure following required written notice and applicable cure periods 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 cash or 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.
D. In the event that any cash or irrevocable letter of credit 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,
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including any documentation reasonably requested by Developer regarding
such costs, said deficient amount. If there should be an overage in the amount
of utilized security, the City will refund to the Developer any monies which
the City has in its possession which are in excess of the actual costs of the
work as paid by the City as provided herein.
E. Intentionally deleted.
F. That portion of said cash, irrevocable letter of credit and/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, which
approval shall not be unreasonably withheld, 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, reasonably 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.
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, 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.
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All such decisions shall be at the reasonable discretion of the City Council.
The City's actual 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 including documentation regarding the costs.
B. The Developer may request of the City a reduction or release of any surety as
follows:
1. 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.
ill. When all or a portion of the landscaping improvements have been
installed pursuant to the landscaping plan attached as Exhibit I, 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 during the
first year of the 2-year warranty period and 15% of the estimated
landscaping improvement costs during the second year of the 2-year
warranty period from the time of the installation of said landscaping
materials.
ill. As to all requests brought under this paragraph,the City Council shall
have reasonable 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 City has been
fully reimbursed by Developer for the cost of installing the Stoplight
Improvements, the City shall reduce any letter of credit provided for such
Stoplight Improvements by 100% of the estimated cost of the Stoplight
Improvements as set forth in paragraph 4.A of this Agreement. If Developer
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has provided cash security for the Stoplight Improvements, the City shall
utilize such funds to pay for the actual cost of the Stoplight Improvements.
D. The actual 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 and documentation regarding such costs.
6. Abandonment of Proiect - 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, and other documentation
reasonably requested by Developer regarding such costs, for such costs from the
City. In addition, in the event the Developer abandons the project, 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 actual costs the City may incur in taking
whatever action is reasonably necessary to provide ground-cover and otherwise
restore Said Plat to the point where undeveloped grounds are level and covered with
permanent vegetation sufficient to prevent continuing soil erosion ftom Said Plat and
to facilitate mowing of Said Plat. 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 actual, out-of-pocket
administrative, legal, planning, engineering and other professional 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, actual engineering expenses incurred by the City in designing,
approving, installing, and inspecting the improvements required to be installed on
Said Plat, as well as any reasonable, actual costs of enforcing this Agreement as it
pertains to Said Plat, 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 including
documentation reasonably requested by Developer regarding such costs. If
Developer fails to pay said amounts, Developer agrees to allow the City to reimburse
itself from said surety 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.
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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 Plat to which the trunk charges apply,
which received final plat approval. Therefore, the sanitary sewer and water
trunk line fees for Said Plat 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 prior to the
release of the final Plat by the City.
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 and shall be due prior to the release of the final Plat by the City. That
charge shall be $14,880, calculated based on 9.92 acres times $1,500 per acre.
9. Erosion and Sediment Control. Developer shall implement all erosion control
measures on Said Plat 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 reasonably required by the City
Engineer. Developer shall also implement any additional erosion control measures
reasonably 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 reasonably appropriate
to control erosion, and the landowner hereby grants the City permission to enter
upon Said Plat 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 actual cost the City
incurred for such work within thirty (30) days following receipt of an invoice and
documentation regarding such costs, the City may draw down the letter of credit or
the cash posted with the City by Developer to pay any costs. 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. Drainage Requirements. Developer shall comply with all federal, state, county or
city drainage requirements addressing storm water draining from Said Plat, and shall
make any necessary improvements or go through any necessary procedures to ensure
compliance with such requirements, all at Developer's expense.
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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 Said Plat,
including the initial construction of townhomes or the apartment buildings on Said
Plat. 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 construction that takes place in on Said Plat.
Developer agrees to clean the streets on a daily basis if reasonably required by the
City. Developer further agrees that any damage to public property occurring as a
result of construction activity on Said Plat will be repaired immediately if
reasonably deemed to be an emergency by the City. Developer further agrees that
any damage to public property as a result of construction activity on Said Plat will
be repaired within 14 days if not if not reasonably 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 after applicable notice and cure periods hereunder (except that such
notice and cure periods shall not apply to emergency repairs) 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 with documentation
regarding such costs. If the Developer fails to pay said bill within thirty (30) days,
then the City may take necessary legal action to recover such costs and the
Developer agrees that the City shall be entitled to reasonable attorney's fees incurred
by the City as a result of such legal action.
12. Temporary Access Rights. Developer shall provide access to Said Plat 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 such
work shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Agreement is for any reason held invalid by a Court of competent
[30451-0001/4419379/1] 14
Agenda Page 44
jurisdiction, such decision shall not affect the validity of the remaining
portion of this Agreement.
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 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 Agreement. 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 Agreement shall not be a waiver or release.
E. This Agreement shall run with the land, shall be recorded against the title to
Said Plat and shall bind future owners of the lots in Said Plat. Upon request
by Developer, the City shall provide a recordable certificate of completion
within a reasonable period of time, upon the satisfactory completion of the
work and responsibilities required herein, payment of all costs and fees
required, and satisfactory compliance with all terms of this Agreement.
F. The Developer represents to the City that Said Plat 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 Said Plat 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.
[30451-0001/4419379/1] 15
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L Developer shall obtain all required driveway, utility and other permits as
reasonably required by the City Engineer, Wright County and 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, or such longer period of time as
may be reasonably required to cure such default provided Developer is
proceeding with diligence to cure such default, 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 reasonable
attorney's fees incurred in enforcing this agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph 14A
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 in
paragraph 4G. 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.
[30451-0001/4419379/1] 16
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D. An uncured default beyond all applicable notice and cure periods hereunder
of any of the terms of this Agreement 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
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 C which is located on Said Plat shall be shared
between the owner of the North Property and the Developer (and the
owner of Lot 1, Heuring Meadows Commons if such lot 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 Said Plat and the North Property (and
including the square footage of Lot 1 of Heuring Meadows Commons
if such lot accesses the Private Drive as shown on Exhibit F). The
Developer 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 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 Developer shall enter into an easement agreement with the
owner of the North Property in substantially the same form and
[30451-0001/4419379/1] 17
Agenda Page 47
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 Developer 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 reasonably determine at which
point or points shown on Exhibit L such access shall be granted.
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 Developer shall be required to maintain the
storm water pond as required by paragraph LE above.
B. Park Dedication. Developer shall satisfy its park dedication requirement for
Said Plat under the City's subdivision ordinance with the payment of
$574,200.00 in park dedication fees, calculated as 174 residential units times
$3,300 per unit. Park dedication shall be paid prior to the release of the final
plat by the City.
17. Administrative Fee. A fee for City administration of this project shall be paid prior
to the release of the final plat by the City. 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 $10,745, calculated as 3.5% x $307,000 estimated
Municipal Improvement cost as of the date of this Agreement plus $10,500
calculated as 3.5%x $300,000 in Stoplight Improvement costs.
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, except to the extent
caused by the willful misconduct or negligence of the City, or someone acting on its
behalf, or a breach of this Agreement by the City. The Developer shall indemnify
the City and its officers and employees for all costs, damages or expenses that the
[30451-0001/4419379/1] 18
Agenda Page 48
City may pay or incur in consequence of such claims, including reasonable
attorney's fees. Third parties shall have no recourse against the City under this
Agreement.
19. Assignment of Contract. The Developer can assign the obligations of the
Developer under this Agreement. However, the Developer shall not be released
from its obligations under this Agreement 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.
21. Professional Fees. The Developer will pay all reasonable, actual out-of-pocket
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 such 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 following an
uncured default hereunder.
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.
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
[30451-0001/4419379/1] 19
Agenda Page 49
Kingston Crossings of Albertville, LLLP
c/o Steve Kuepers
17018 Commercial Park Road
Brainerd, MN 56401
25. Agreement Effect. This Agreement shall be binding upon and inure to the benefit of
the parties and the respective representatives, heirs, successors and assigns of the
parties hereto.
26. Termination and Release of Certain City Agreements. Said Plat is released from
the terms and conditions of City of Albertville Developer's Agreement Heuring
Meadows dated April 16, 2001, filed April 18, 2001, as Document No. 737923. The
following agreements are terminated and Said Plat is released from the following
documents:
A. The Existing Development Agreement.
B. Stormwater Management Agreement dated May 5, 2020, filed May 18,
2020, as Document No. A 1426669.
C. Agreement of Waiver of Objection Special Assessment Associated with
the Construction of a Stoplight at CSAH 19 and 53rd Street dated May 5,
2020, filed May 18, 2020, as Document Nos. A1426667 and A1426668, as
affected by Acknowledgement and Consent dated May 4, 2020, filed May
18, 2020, as Document No. A1426672.
[Signature Pages to Follow]
[30451-0001/4419379/1] 20
Agenda Page 50
CITY OF ALBERTVILLE
By
Jillian Hendrickson
Its Mayor
By
Kristine A. Luedke
Its Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2021, 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 , 2021, by Kristine A. Luedke, as Clerk of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council.
Notary Public
[30451-0001/4419379/1] 21
Agenda Page 51
KINGSTON CROSSINGS OF ALBERTVILLE, LLLP
By: Kingston Crossings of Albertville, LLC
Its General Partner
By
Steven D. Kuepers
Its Chief Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2021, by Steven D. Kuepers, the Chief Manager of Kingston Crossings
of Albertville, LLC, a Minnesota limited liability company, the General Partner of Kingston
Crossings of Albertville, LLLP, a Minnesota limited liability limited partnership.
Notary Public
DRAFTED BY:
Couri & Ruppe P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
763 497-1930
[30451-0001/4419379/1] 22
Agenda Page 52
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies is as follows:
Lots 1, 2 and 3, Block 1, Kingston Crossings, City of Albertville, County of Wright, State of
Minnesota.
[30451-0001/4419379/1] 23
Agenda Page 53
EXHIBIT B
Final Plat
EXHIBIT C
Site Plan
EXHIBIT D
Townhome Plans
EXHIBIT E
Apartment Plans
EXHIBIT F
Connection to the Private Drive
EXHIBIT G
Storm Sewer Utility Plan
EXHIBIT H
Storm Water Agreement
EXHIBIT I
Landscape Plan
EXHIBIT J
Grading, Drainage and Erosion Control Plan
EXHIBIT K
Playground Equipment
EXHIBIT L
Portion of Private Drive Subject to Shared Costs with North Property
[30451-0001/4419379/1] 24
Agenda Page 54
EXHIBIT M
Easement Agreement with North Property
[30451-0001/4419379/1] 25
Agenda Page 55
(Reserved for Recording Data)
STORMWATER
MANAGEMENT AGREEMENT
This STORMWATER MANAGEMENT AGREEMENT (this "Agreement") is made this
day of , 2021 (the "Effective Date"), by and between the CITY OF
ALBERTVILLE, a Minnesota municipal corporation (hereinafter referred to as the "City") and
Kingston Crossings of Albertville, LLLP, a Minnesota limited liability limited partnership, (hereinafter
referred to as the "Developer").
WHEREAS, the Developer is the fee owner of certain real property situated in the City of
Albertville, County of Wright, State of Minnesota legally described as:
Lots 1, 2, and 3, Block 1, Kingston Crossings, Wright County, Minnesota,
(hereinafter referred to as the "Subject Property")which the Developer has obtained the approval of
the City for the development thereof; and
WHEREAS, the City has required that the Developer make provision for the construction,
maintenance and repair of the Pond ("Stormwater Pond") located within the boundaries of the
Subject Property as shown on Exhibit "A" attached hereto, as the same is described and depicted in
those certain construction plans drawn by Civil Engineering Site Design dated , 2021
("Plans").
WHEREAS, the City and Developer desire to set forth their understanding with respect to the
construction, repair and maintenance of the Stormwater Pond and the responsibility relating to the
costs of the repair and maintenance of the Stormwater Pond.
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto hereby agree as follows:
1. Construction and Maintenance of Stormwater Pond. The Developer agrees to
construct the Stormwater Pond according to the Plans and repair and maintain the Stormwater Pond
at its sole cost and expense. Maintenance of the Stormwater Pond shall mean (i) monthly
inspections of the Stormwater Pond and, if necessary, removal of all litter and debris, and
replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy functioning
plant life therein; and (ii) an annual inspection, and certification, by a qualified individual or company
[30451-0001/4475419/11 1
Agenda Page 56
reasonably acceptable to the City that the Stormwater Pond is functioning in accordance with the
approved Plans and have maintained the proper operation of the stormwater treatment as a
Stormwater Pond according to the City Standards. If, as a result of an inspection by a qualified
individual or company reasonably acceptable to the City or City staff, it is determined that the
Stormwater Pond (1) has not been maintained; or (2) is not functioning as originally designed and
intended; or (3) is in need of repair, the Developer agrees to restore the Stormwater Pond so that it
functions as it was designed and intended. The Developer further agrees that they will not use the
Stormwater Pond for snow storage and will inform its snow removal contractors of this provision of
the Agreement.
Developer shall be solely responsible for the repair and maintenance of the Stormwater
Pond to the extent such repair and maintenance is not caused by the City's acts or negligence.
2. Developer's Default. In the event of default by the Developer as to any of the work to
be performed by it hereunder, following at least thirty (30) days prior written notice and Developer's
failure to cure such default within such time-frame, or such longer period of time as may be
reasonably required to cure such default, provided Developer is proceeding with diligence to cure
such default, except in an emergency as determined by the City, the City may, at its option, perform
the work and the Developer shall promptly, following receipt of an invoice and reasonable
substantiation of such costs, reimburse the City for any reasonable actual out-of-pocket expense
incurred by the City. This Agreement is a license for the City to act when so authorized under this
Agreement, and it shall not be necessary for the City to seek a Court order for permission to enter
the Subject Property. When the City does any such work, the City may, in addition to its other
remedies, assess the reasonable out-of-pocket cost in whole or in part to Said Lot 2, Block 1,
Heuring Meadows Commons to be collected with the property taxes of said lot. Developer shall
not object to said assessment provided the City assesses only such costs as the City actually
incurred in maintaining said pond.
3. Terms and Conditions. This Agreement shall run with the land and shall be binding
upon Developer's successors and assigns with respect to the Subject Property. The terms and
conditions of this Agreement shall be binding upon, and shall insure to the benefit of, the parties
hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as
of the Effective Date.
CITY:
CITY OF ALBERTVILLE
Jillian Hendrickson, Mayor
Kris Luedke, City Clerk
[30451-0001/4475419/11 2
Agenda Page 57
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2021, by Jillian Hendrickson, the Mayor of the City of Albertville, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2021, by Kris Luedke, the City Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
[30451-0001/4475419/11 3
Agenda Page 58
DEVELOPER:
KINGSTON CROSSINGS OF ALBERTVILLE, LLLP
By: Kingston Crossings of Albertville, LLC
Its General Partner
By
Steven D. Kuepers
Its Chief Manager
STATE OF )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2021, by Steven D. Kuepers, the Chief Manager of Kingston Crossings of
Albertville, LLC, a Minnesota limited liability company, the general partner of Kingston Crossings of
Albertville, LLLP, a Minnesota limited liability limited partnership.
NOTARY PUBLIC
Drafted by:
Mike Couri
Couri & Ruppe Law Office
P.O. Box 369
St. Michael, MN 55376
763-497-1930
[30451-0001/4475419/11 4
Agenda Page 59
EXHIBIT "A"
Attach Drawing of Stormwater Pond
[30451-0001/4475419/11 A-1
Agenda Page 60