2022-11-07 City Council Agenda Packet
City of Albertville Council Agenda
Monday, November 7, 2022
City Council Chambers
7 pm
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public Forum
and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes.
1. Call to Order
2. Pledge of Allegiance – Roll Call Pages
3. Recognitions – Presentations - Introductions
4. Public Forum – (time reserved 5 minutes)
5. Amendments to the Agenda
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is
listed on the Consent Agenda following the approval of the remaining Consent items. Items
pulled will be approved by a separate motion.
A. Authorize the Monday, November 7, 2022, 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.
4
B. Adopt Resolution No. 2022-38 accepting donation in the amount of $115,000 from the
Albertville Lions for improvements at Central Park.
5-6
C. Approve St. Albert’s Catholic United Financial Bingo Gambling Permit Application for
Turkey Bingo to be held on November 20, 2022 at the St. Albert Parish Center.
7-9
7. Public Hearing
A. Public Hearing for Easement Vacation for Albertville Self-Storage 10-17
• Mayor to open public hearing
• Motion to close public hearing
(Motion to adopt Resolution No. 2022-39 vacating all drainage and utility easements
over Outlot B, AVA Addition to allow for the construction of a Self-Storage Facility in
the City of Albertville.)
B. Public Hearing for Maeyaert Assessments 18-19
• Mayor to open public hearing
• Motion to close public hearing
(Motion to adopt Resolution No. 2022-40 adopting Special Assessment Roll related to
the removal of Nuisances and Zoning Violations.)
8. Wright County Sheriff’s Office – Updates, reports, etc.
City of Albertville City Council Agenda
Monday, November 7, 2022 Page 2 of 3
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
1. Approve 2022 Certification of Uncollected Utility Bills and Invoices 20-24
(Motion to adopt Resolution No. 2022-41 certifying the 2022 Uncollected Utility
Bills and invoice to Wright County for Collection with Real Estate Taxes.)
2. Approve Driveway Improvement Assessments 25-27
(Motion to adopt Resolution No. 2022-42 adopting Driveway Improvement
Assessments.)
E. Fire
1. Fire Protection Agreement with the City of Otsego 28-38
(Motion to approve the updated Fire Protection Agreement with the City of Otsego.)
F. Planning and Zoning – None
G. Public Works/Engineering
1. Approve Purchase of Central Park Sun Shade
(Motion to accept quote from Midwest Playscapes in the amount of $13,279.64 to
purchase and install a cantilevered sun shade in Central Park near the skate park.)
39-40
2. Approve Purchase of John Deere Wheel Loader 41-44
(Motion to approve the purchase of a new 544P John Deere Wheel Loader in the
amount of $256,056.44.)
H. Legal
1. AVA Second Addition Developer’s Agreement 45-67
(Motion to approve AVA Second Addition Developer’s Agreement and authorizing
City staff to fill in the required letter of credit and development fee amounts per the
City’s ordinances.)
I. Administration
1. Wright County Assessment Services Agreement for 2024-2025 68-73
(Motion to approve the Wright County Assessment Services Agreement for 2024-
2025.)
City of Albertville City Council Agenda
Monday, November 7, 2022 Page 3 of 3
10.Announcements and/or Upcoming Meetings
November 8 Election Day, 7 am to 8 pm
November 9 Planning Commission, 7 pm (Wednesday)
November 10 City Offices closed in observance of Veterans Day
November 14 Special City Council Meeting to Canvass Election Results, 5:45 pm
November 14 STMA Arena Board, 6 pm
November 21 City Council, 7 pm
November 24 City Offices Closed in observance of Thanksgiving
November 28 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
11.Adjournment
Mayor and Council Request for Action
November 7, 2022
SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, November 7, 2022, payment of the claims as presented
except the bills specifically pulled, which are passed by separate motion. The claims listing has
been provided to Council as a separate document. The claims listing is available for public
viewing at City Hall upon request.
BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved
through their respective departments and administration and passed onto the City Council for
approval.
KEY ISSUES:
•Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and
key issues will be presented in the claims listing document.
POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner,
generally within 30 days unless one party determines to dispute the billing.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment:
•List of Claims (under separate cover)
Agenda Page 4
Mayor and Council Request for Action
November 7, 2022
SUBJECT: CONSENT - CITY CLERK – ALBERTVILLE LIONS DONATION FOR
CENTRAL PARK
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: adopt Resolution No. 2022-38 accepting a donation in the amount of $115,000
from the Albertville Lions for improvements at Central Park.
BACKGROUND: At the September 6, 2022, City staff reviewed the Central Park Master Plan.
The planned improvements included concrete work for the sidewalk through the park and the
plaza area by the Pavilion and Depot. The City requested quotes for the concrete work and
received a quote for the work from Custom Building Inc. The Albertville Lions offered to donate
$115,000 towards the Central Park Improvements.
KEY ISSUES:
• At the September 6, Council meeting, a quote from Custom Building for concrete work at
Central Park was approved.
• The Albertville Lions has generously offered to pay $115,000 for Central Park
improvements.
FINANCIAL CONSIDERATIONS: There is no budget impact on the City.
LEGAL CONSIDERATIONS: The Mayor and Council are required by Minnesota State
Stature to acknowledge and accept all donations by Resolution.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment:
• Resolution No. 2022-38
Agenda Page 5
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2022-38
RESOLUTION ACCEPTING A DONATION IN THE AMOUNT OF $115,000 FROM
THE ALBERTVILLE LIONS FOR IMPROVEMENTS AT CENTRAL PARK
WHEREAS, the City of Albertville is authorized to accept contributions of real and
personal people pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens; and
WHEREAS, the City of Albertville has received a donation in the amount of $115,000
from the Albertville Lions for the City of Albertville Parks Department to use towards Central
Park improvements; and
WHEREAS, the City Council would like to thank the Albertville Lions and commend
them for their support of Albertville Parks.
NOW, THERFORE, BE IT RESOLVED, by the City Council of the City of
Albertville, Minnesota, that the donation be accepted and acknowledged with gratitude.
BE IT FURTHER RESOLVED, that said funds shall be deposited to the appropriate
fund and used for the improvements at Central Park for the Albertville Parks Department.
Adopted by the City Council of the City of Albertville this 7th day of November 2022.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 6
Mayor and Council Request for Action
June 21, 2021
SUBJECT: CONSENT - CITY CLERK – CATHOLIC UNITED FINANCIAL BINGO GAMBLING
PERMIT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve St. Albert’s Catholic United Financial Bingo Gambling Permit
Application for Turkey Bingo to be held on November 20, 2022 at the St. Albert Parish Center.
BACKGROUND: The St. Albert’s Catholic United Financial has submitted a Lawful Gambling
Permit to conduct Turkey Bingo at the St. Albert’s Parish Center. The application for lawful
gambling will allow them to conduct bingo. Turkey Bingo will be held on Sunday, November 20
at 3 pm at the St. Albert Parish Center, located at 11458 57th Street NE.
KEY ISSUES:
•The St. Albert’s Catholic United Financial is a qualifying non-profit organization.
•The application is for Turkey Bingo to be held on Sunday, November 20, 2022 at 3 pm.
•The Minnesota Gambling Control Board ultimately issues this type of license, but
requires City approval prior to issuing the license.
FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant
for the gambling permit.
LEGAL CONSIDERATIONS: It is the City’s policy to review and approve or deny gambling
permit applications for gambling activity within the City.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment:
•Application for Lawful Gambling Permit
Agenda Page 7
MINNESOTA I.AWFUL GAMBLING
LG240B Application to Conduct Excluded Bingo No Fee
O'RGANIZAnGN INFORMATION
Organization Name: Catholic United Financial
Minnesota Tax ID Number, if any:
Mailing 13960 55th Sl NE Address:
City: Sl Michael State: MN
Name of Chief Executive Officer (CEO): Gail Hinrichs
CEO Daytime Phone: CEO Email:
Previous Gambling XB-3 114-19-0 0Permit Number: 2 1
Federal Employer ID Number (FEIN), if any:
Zip: 55376 County: Wright
11/17 Page 1 of 2
(pennit will be emailed to this email address unless otherwise indicated below}
Email pennlt to (if other than the CEO):
NONPROFIT STATUS
Type of Nonprofit Organization (check one):
0Fraternal □Religious □veterans D Other Nonprofit Organization
Attid.arc:opje>f�1�CJ1Jel)f�fl>1�1111�1111�bi.11.,�►r&>t1t�:i/>···•·····•··.·. . .... X C:ii ... ; <J
(DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) D Current calendar year Certificate of Good Standing Don't have a copy? This certificate must be obtained each year from:
MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 w.w.w.525.:z!Jlt�.mn.y§St. Paul, MN 55103 651-296 -2803, or toll free 1-877-551-6767□Internal Revenue Service-IRS ina,me tax exemption 501(c) letter in your organization's nameDon't have a copy? Obtain a copy of your federal income tax exempt letter by having an organization officer contact the IRS at 877-829-5500.
0Internal Revenue Service-Affiliate of national, statewide, or International parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of bQtb of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c} organization with a group ruling; and2.the charter or letter from your parent organization recognizing your organization as a subordinate.
EXCLUDED BINGO ACTIVITY
Has your organization held a bingo event in the current calendar year? D Yes 0No
If yes, list the dates when bingo was conducted:
The proposed bingo event will be: 0 one of four or fewer bingo events held this year. Dates: November 20, 2022-OR-D conducted on up to 12 consecutive days in connection with a: D county fair Dates: D civic celebration Dates: D Minnesota State Fair Dates:
Person in charge of bingo event: Gail Hinrichs Daytime Phone:
Name of premises where bingo will be conducted: St. Albert's Parish Center
Premises street address: 11458 57th St NE
City: Albertville If township, township name: County: Wright
Agenda Page 8
Agenda Page 9
Mayor and Council Request for Action
November 7, 2022
SUBJECT: PUBLIC HEARING – ALBERTVILLE SELF-STORAGE EASEMENT
VACATION
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: adopt Resolution No. 2022-39 vacating all drainage and utility easements over
Outlot B, AVA Addition to allow for the construction of a Self-Storage Facility in the City of
Albertville.
BACKGROUND: On August 15, 2022, the City of Albertville approved development
applications for Darkenwald Corporation for the construction of a multiple building self-storage
facility upon a 9.05-acre lot (Lot 1, Block 1, AVA Second Addition proposed) located at the
northeast corner of 67th Street and Karmen Avenue.
A condition of the City Council approval was the need to vacate a portion of an existing drainage
and utility easement established with the original AVA addition plat to allow for the proposed
building location shown on the approved site plan. Darkenwald Corporation has now submitted
an application and the legal description for the vacation of all easements on Outlot B, AVA
Addition.
KEY ISSUES:
• With the development of the AVA Addition plat, drainage from the new Karmen Avenue
was directed to a storm water pond on the newly created Outlot B. Drainage and utility
easements were established over the stormwater ponds and the existing drainage ditch
within Outlot B.
• The approved Albertville Self-Storage Site plan has a building encroaching into the
easement area that contains an existing pond. To allow the building construction, the
pond must be relocated and the easement to be vacated.
• Exhibit A is the legal description for the easements to be vacated. The Applicant is
proposing to vacate all easements over Outlot B AVA Addition with the intention to
reestablish required easements over the ditch, ponding and utilities with the recording of
the final plat for AVA Second Addition.
• The pond must be relocated and reestablished to accommodate the drainage from both
the Karmen Avenue and the Self-Storage site prior the City relinquishing its control over
the existing pond. This is necessary to ensure uninterrupted storm water ponding for
Karmen Avenue is in place prior to losing control of the existing pond. To accomplish
this City staff, recommends approval of the attached resolution with the condition that the
applicant establish a temporary easement over the existing pond to expire with the
completion of replacement pond approved and accepted by the City Engineer. With the
recording of the temporary easement, the vacation resolution, final plat and development
agreement can proceed to be recorded and the site development can occur within the
developer’s schedule.
Agenda Page 10
Mayor and Council Request for Action – November 7, 2022
Public Hearing – Albertville Self-Storage Easement Vacation Page 2 of 2
• The Applicant has submitted revised Self-Storage development plans dated October 14,
2022 and a final plat that address the conditions required by the City. City staff has
reviewed the new submission and find that they adequately address the City’s concerns.
The revised plans address storm water drainage and utilities for the development of the
Self-Storage Facility. These Civil plans are subject to City Engineer approval.
POLICY/PRACTICES CONSIDERATIONS: In consideration of any vacation of public
easement, the City Council shall hold a public hearing and solicit public comment prior to taking
action. The vacation of the public easement is needed to allow for the construction of the
approved Albertville Self-Storage development. The easement and underlying pond will be
replaced in a different location with the recording of the final plat and construction of the storm
water ponding required for AVA Second Addition.
FINANCIAL CONSIDERATIONS: The developer shall enter development agreement that
outlines the financial responsibilities for the development including City fees and dedications.
All required on-site and off-site improvements shall be the responsibility of developer
LEGAL CONSIDERATIONS: The City must have the replacement storm water pond in-place
prior to relinquishing control over the existing pond. To accomplish this, City staff is
recommending that the applicant provide a temporary easement over the pond that would expire
with the construction of the replacement storm ponds. With a temporary easement in place, the
City can vacate the permanent easement, allowing the applicant to record the temporary
easement, the resolution vacating the permanent easement, the final plat and the development
contract immediately and allow construction to progress under the applicant’s schedule.
Responsible Person: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• AVA Second Addition Final plat
• Resolution No. 2202-39 Vacating permanent drainage and utility easements on Outlot B
Agenda Page 11
Agenda Page 12
Agenda Page 13
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2022-39
RESOLUTION APPROVING THE VACATION OF A DRAINAGE AND
UTILITY EASEMENT ON OUTLOT B, AVA ADDITION WITHIN THE CITY
OF ALBERTVILLE
WHEREAS, the Darkenwald Corporation has filed applications and submitted plans for
the development of a self-storage facility on Outlot B, AVA Addition located at the northeast
corner of 67th Street.and Karmen Avenue. To facilitate the development proposal the following
development applications have been requested,
1. Zoning Map Amendment: Changing the zoning from I-2 General Industrial District and
B-2A Special Business District to PUD /I-2 Planned Unit Development/General
Industrial District.
2. Preliminary/Final Plat creating two industrial lots and one outlot.
3. PUD-Site and Building Plan Review
WHEREAS, the City Council approved the preliminary and final plat, zoning map
amendment and the PUD -site and building plan with conditions on August 15, 2022; and
WHEREAS, Outlot B AVA Addition contains existing drainage and utility easement and
it has been determined that portions of an existing easement encumbers the proposed building
location for Albertville Self-Storage; and
WHEREAS, Darkenwald Corporation has requested the vacation of the drainage and
utility easement over Outlot B, AVA Addition legally described in Exhibit A to allow for the
construction of their self-storage building; and
WHEREAS, City Staff has reviewed the Albertville Self-Storage submitted plans and
easement vacation request and offer the following findings and recommendations.
1. The vacation of the easement will serve to accommodate industrial development of the
property in a manner that is consistent with the approved zoning and site plans.
2. The proposed development will benefit the City with expanded services, and expanded
industrial tax base.
3. The easement to be vacated Exhibit A contains an existing pond that serves drainage
from Karmen Avenue. This pond must be replaced prior to the city relinquishing control
of the easement.
4. The approved grading plans for Albertville Self-Storage provides for replacement
ponding for Karmen Avenue. Upon the construction of the replacement, pond the existing
pond can be removed, and the easement can be vacated.
Agenda Page 14
City of Albertville, MN
Resolution No. 2022-39
Meeting of November 7, 2022
Page 2
5. The AVA Second Addition final plat provides new permanent easements to cover future
drainage and utilities servicing the development site.
6. To allow for the recording of vacation of the permanent easement, the final plat and
development agreement for the AVA Second Addition and Albertville Self-Storage; the
applicant shall provide a temporary drainage and utility easement over the existing pond.
The temporary easement will expire with the construction and acceptance of the
replacement ponds identified in the approved Albertville Self-Storage grading and
drainage plans.
WHEREAS, on November 7, 2022, the Albertville City Council held a public hearing to
solicit public testimony and consider the vacation of the drainage and utility easement described
in Exhibit A in conjunction with the Albertville Self Storage Site plan and AVA Second
Addition final plan.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the vacation of that portion of the drainage and utility easement
shown on Outlot B of the plat of AVA Addition, said easement legally described on the attached
Exhibit A, with the following conditions:
1. The applicant shall provide in recordable form a temporary drainage and utility easement
over the existing pond which may expire with the completion of the construction and
acceptance of the replacement ponding for Karmen Avenue per the approved grading and
drainage plan for Albertville Self-Storage.
2. The applicant shall enter into a development agreement with the City outlining the
development and PUD requirements for site and final plat.
3. The new temporary easement, the resolution vacating the permanent easements on Outlot
B, AVA Addition and the Final plat entitled AVA Second Addition shall be recorded
with the Wright County Recorder’s Office.
4. This resolution shall not affect the drainage and utility easements dedicated on the plat of
AVA Second Addition, and all such easements shall remain as dedicated on said AVA
Second Addition plat.
Adopted by the City Council of the City of Albertville this 7th Day of November 2022.
_____________________________
Jillian Hendrickson, Mayor
ATTEST:
____________________________
Kristine A. Luedke, City Clerk
Agenda Page 15
City of Albertville, MN
Resolution No. 2022-39
Meeting of November 7, 2022
Page 3
Exhibit A
Legal Description of the pond on Outlot B, AVA Addition
Agenda Page 16
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Agenda Page 17
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2022-40
RESOLUTION ADOPTING SPECIAL ASSESSMENT ROLL
RELATED TO THE REMOVAL OF NUISANCES AND ZONING VIOLATIONS
WHEREAS, the City of Albertville has obtained an order from the Wright County District
Court authorizing the City to enter upon and remove a nuisance and zoning violations that exist on
property assigned Wright County property identification number 101-048003110 (“Property”); and
WHEREAS, the City had incurred legal fees, court costs, contractor’s fees, planning
consulting fees, and law enforcement costs to remove the nuisances and correct the zoning
violations; and
WHEREAS, said Court order authorizes the City to special assess such costs against the
Property from which the nuisance zoning violations were removed pursuant to Minn. Stat. §
429.101; and
WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City
Council has met and heard and passed upon all objections to the proposed assessment of costs
related to the removal of nuisances and zoning violations from the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. Such proposed assessment, in the amount of $41,447.00 is hereby levied against PID No.
101-048003110, owned by Charles J. Maeyaert and located at 10479 61st Street in the City
of Albertville.
2. The assessment levied by this resolution shall be payable in its entirety in one principal
installment extending over a period of one year, payable on or before the first Monday of
January, 2023, and shall bear interest at a rate of 10% per annum from the date of this
resolution until December 31, 2023. Any assessment amounts not prepaid shall be spread
against the property with one principal payment due plus applicable interest on the entire
amount outstanding.
3. The owner of any property so assessed may, at any time prior to the certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the City Clerk, except that no interest shall be
charged if the entire assessment is paid within thirty (30) days from the adoption of this
Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of
the assessment remaining unpaid, with interest accrued to December 31 of the year in which
such payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
Agenda Page 18
City of Albertville, MN
Resolution No. 2022-40
Meeting of November 7, 2022
Page 2
4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be
collected and paid over in the same manner as other taxes.
Adopted by the City Council of the City of Albertville this 7th day of November 2022.
_____________________________
Jillian Hendrickson, Mayer
ATTEST:
___________________________
Kristine A. Luedke, City Clerk
Agenda Page 19
Mayor and Council Request for Action
November 7, 2022
SUBJECT: FINANCE – 2022 CERTIFICATION OF UNCOLLECTED UTILITY BILLS AND INVOICES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2022-41 certifying the 2022 Uncollected Utility Bills and
Invoices to Wright County for Collection with Real Estate Taxes.
BACKGROUND: Annually the City sends notification to those residents, developers, or
business owners who have outstanding utility bills or invoices. The notice informs customers that
outstanding debt not been paid by November 15, 2022, will be certified to their property and
collected with property taxes.
POLICY CONSIDERATIONS: It is the City’s policy to review and authorize staff to certify
uncollected utility bills and outstanding invoices to Wright County for collection with real estate
taxes.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
Certification List, which would be updated as payments are received between now and
November 29, 2022. Certifying the outstanding debt to the property taxes ensures collection.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to certify unpaid
claims to property taxes pursuant to Minnesota State Law, which requires that utility bills and
invoices are paid in a timely manner, generally within 60 days unless one party determines to
dispute the billing.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments:
• Resolution No. 2022-41 certifying 2022 Uncollected Bills and Invoices
Agenda Page 20
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2022-41
A RESOLUTION CERTIFYING UNCOLLECTED
UTILITY BILLS AND INVOICES TO WRIGHT COUNTY FOR
COLLECTION WITH REAL ESTATE TAXES
WHEREAS, the City Council is desirous of collecting all charges for the use of the
wastewater treatment facility, the storm water system, water department, and charges for services
invoiced; and
WHEREAS, the City Council has determined that some sewer, storm water, water
accounts and charges invoiced remain uncollected and delinquent as shown on attached Exhibit A.
NOW, THERFORE, BE IT RESOLVED the City Council of Albertville, Wright
County, Minnesota, hereby directs the Finance Director to certify all uncollected invoices, sewer,
storm water, recycling and water accounts that have not been paid to the City on Tuesday,
November 15, 2022, to the Wright County Auditor for collection with real estate taxes.
BE IT FURTHER RESOLVED, the City Council hereby orders that delinquent
accounts certified to the tax rolls will be assessed a ten percent (10%) interest charge by the City
upon certification and the total assessment will be collectible along with the 2023 taxes.
Adopted by the City Council of the City of Albertville this 7th day of November 2022.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 21
City of Albertville
Resolution No. 2022-41
Meeting of November 7, 2022
Page 2
Exhibit A
2022 LIST OF UNCOLLECTED
UTILITY BILLS
PID Property Balance Type
101-011-002160 5531 55TH CIRCLE NE $320.99 Water Bill
101-022-004060 5438 54TH CIRCLE NE $359.95 Water Bill
101-022-005021 11651 54TH STREET NE $327.83 Water Bill
101-022-007020 11805 LASALLE CIRCLE NE $117.88 Water Bill
101-023-001010 11374 54TH STREET NE $157.64 Water Bill
101-025-002100 5696 LANNON CIRCLE NE $200.64 Water Bill
101-026-001020 5265 LANNON AVENUE NE $125.72 Water Bill
101-029-004090 6013 KALLAND CIRCLE NE $189.91 Water Bill
101-029-004130 6090 KALLAND DRIVE NE $179.19 Water Bill
101-029-004140 6102 KALLAND DRIVE NE $155.06 Water Bill
101-030-002040 11599 52ND STREET NE $246.26 Water Bill
101-036-002010 6181 62ND STREET NE $289.91 Water Bill
101-036-003040 6116 KALENDA LANE NE $217.47 Water Bill
101-038-001010 11108 60TH STREET NE $350.90 Water Bill
101-038-002010 5940 LABEAUX AVENUE NE $570.10 Water Bill
101-040-002150 10617 KAHLER CIRCLE NE $880.62 Water Bill
101-040-003150 10700 KALLAND DRIVE NE $402.69 Water Bill
101-040-006010 6171 KAHLER DRIVE NE $202.12 Water Bill
101-040-006020 6155 KAHLER DRIVE NE $457.45 Water Bill
101-042-001140 6253 KAHLER DRIVE NE $184.21 Water Bill
101-042-002020 6364 KAHLER DRIVE NE $298.99 Water Bill
101-045-007120 10632 58TH STREET NE $704.42 Water Bill
101-045-007200 5729 KAHLER DRIVE NE $796.27 Water Bill
101-045-008040 10761 58TH STREET NE $266.93 Water Bill
101-048-002010 10404 61ST STREET NE $206.35 Water Bill
101-048-003050 10397 61ST STREET NE $267.70 Water Bill
101-048-003070 10413 61ST STREET NE $894.58 Water Bill
101-050-002030 5975 KALLAND AVENUE NE $166.17 Water Bill
101-051-003100 5569 KALENDA DRIVE NE $291.76 Water Bill
101-053-007010 10313 KARSTON AVENUE NE $123.03 Water Bill
101-053-008100 10217 KARSTON AVENUE NE $352.84 Water Bill
Agenda Page 22
City of Albertville
Resolution No. 2022-41
Meeting of November 7, 2022
Page 3
Exhibit A
2022 LIST OF UNCOLLECTED
UTILITY BILLS
101-055-003020 10729 53RD STREET NE $608.31 Water Bill
101-058-002030 10138 KARSTON AVENUE NE $157.52 Water Bill
101-062-006010 10441 KARSTON AVENUE NE $460.10 Water Bill
101-065-004020 5491 LAMBERT AVENUE NE $452.28 Water Bill
101-069-002350 10525 64TH WAY NE $296.71 Water Bill
101-069-002370 10513 64TH WAY NE $187.29 Water Bill
101-072-001010 11800 LACHMAN AVENUE NE $259.41 Water Bill
101-073-002100 6206 KARSTON DRIVE NE $403.36 Water Bill
101-079-001060 5455 KALI AVENUE NE $189.11 Water Bill
101-079-002070 5414 KALI AVENUE NE $1,210.80 Water Bill
101-079-003030 5474 KALLAND AVENUE NE $237.91 Water Bill
101-081-002010 5136 KAHL AVENUE NE $628.40 Water Bill
101-083-003010 11649 LAKETOWNE VIEW NE $865.38 Water Bill
101-083-003040 6487 EAST LAKETOWNE DRIVE NE $351.65 Water Bill
101-085-002010 10141 49TH STREET NE $122.05 Water Bill
101-087-001070 10466 64TH LANE NE $240.72 Water Bill
101-087-001360 10539 64TH LANE NE $252.60 Water Bill
101-087-001370 10533 64TH LANE NE $189.98 Water Bill
101-096-006150 4924 KAMA LANE NE $751.20 Water Bill
101-097-003100 10471 62ND STREET NE $705.72 Water Bill
101-101-002190 6639 LAMPLIGHT DRIVE NE $128.78 Water Bill
101-102-004030 11199 69TH STREET NE $615.73 Water Bill
101-102-004060 11235 69TH STREET NE $380.62 Water Bill
101-102-005060 11241 68TH STREET NE $310.46 Water Bill
101-103-002030 10699 51ST STREET NE $309.64 Water Bill
101-104-001040 6436 64TH STREET NE $185.56 Water Bill
101-110-001030 6963 LASALLE CIRCLE NE $331.08 Water Bill
101-113-001100 6961 LINWOOD DRIVE NE $241.49 Water Bill
101-113-001130 6945 LINWOOD DRIVE NE $181.19 Water Bill
101-124-001010 12205 60TH STREET NE $156.60 Water Bill
101-134-002030 12445 58TH STREET NE $156.60 Water Bill
101-146-001030 11298 LANCASTER WAY NE $356.07 Water Bill
101-146-005030 6928 LAKEWOOD COURT NE $45.71 Water Bill
101-500-011305 5692 MAIN AVENUE NE $717.11 Water Bill
Total 22,992.72
Agenda Page 23
City of Albertville
Resolution No. 2022-41
Meeting of November 7, 2022
Page 4
Exhibit A
2022 LIST OF UNCOLLECTED
INVOICES
PID Property Balance Type
101-014-001010 Don Barthel $8.18 Delinquent invoice
101-029-003170 Rachel Heffelfinger $1,198.10 Delinquent invoice
101-042-001030 Lisa Erickson $1,921.42 Delinquent invoice
101-045-008250 HPA Borrower 2019-1 ML LLC $327.51 Delinquent invoice
101-092-002010 TC Assets LLC $518.44 Delinquent invoice
101-101-002030 Becky Huber $1,396.44 Delinquent invoice
101-103-002260 Luke Hamilton $1,396.44 Delinquent invoice
101-134-001030 Greig Mitchell $1,720.49 Delinquent invoice
101-136-001010 Anchors Properties $250.00 Delinquent invoice
101-136-001030 Anchors Properties $250.00 Delinquent invoice
101-138-001010 Stephen Nelson Land Co $250.00 Delinquent invoice
101-141-001020 Holm Properties $201.67 Delinquent invoice
101-500-011212 El Bamba $508.34 Delinquent invoice
Total $9,947.03
Agenda Page 24
Mayor and Council Request for Action
November 7, 2022
SUBJECT: FINANCE – DRIVEWAY IMPROVEMENT ASSESSMENTS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2022-42 adopting Driveway Improvement Assessments.
BACKGROUND: The City of Albertville created a program for property owners within the
City to finance replacement or improvement of the property owner’s driveway under the
property owners expense using the special funds set aside and assess the repayment of the loan
from the City to the property address.
The terms of the special assessment option offered to the homeowners was that the special
assessment will be payable over five (5) years with a 5% interest rate. The first installment will
be payable with the 2023 taxes payable.
KEY ISSUES:
• The City has the statutory right to special assess improvements
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of the
certification list.
Responsible Person: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Resolution No. 2022-42 Driveway Improvement Assessments
Agenda Page 25
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2022-42
A RESOLUTION APPROVING DRIVEWAY
IMPROVEMENTS SPECIAL ASSESSMENT
WHEREAS, the City’s pursuant to its economic development authority has created a
program for property owners with the City to apply to the City for financing to replace and/or
improve the property owner’s driveway at property owner’s expense; and
WHEREAS, the City allowed an option to assess the cost of driveway improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville,
Wright County, Minnesota:
1. The Special Assessments levied upon the properties identified on the Assessment Roll
attached to the November 7, 2022, Special Assessment Resolution shall be modified as
follows:
A. The interest rate on such outstanding special assessments shall be 5%, effective
January 1, 2023.
B. The assessment term shall be five (5) years.
Adopted by the City Council of the City of Albertville this 7th day of November, 2022.
________________________________
Jillian Hendrickson, Mayor
ATTEST:
____________________________
Kristine A. Luedke, City Clerk
Agenda Page 26
City of Albertville
Resolution No. 2022-42
Meeting of November 7, 2022
Page 2
Exhibit A
2022 LIST OF DRIVEWAY IMPROVEMENTS
PID Name Property Address Amount
101-011-001050 Benita Bramel 11710 57th Street NE $ 9,879.00
101-053-007030 Antoinette Menth & Riley Ross 10307 Karston Ave $ 11,000.00
101-055-001020 Greg & Linda Mozis 5551 Kahler Drive $ 5,580.00
Agenda Page 27
Mayor and Council Request for Action
November 7, 2022
SUBJECT: FIRE DEPARTMENT – FIRE PROTECTION AGREEMENT WITH THE CITY OF OTSEGO
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve the updated Fire Protection Agreement with the City of Otsego.
BACKGROUND: The current Fire Protection Agreement with the City of Otsego ends on
December 31, 2022. Staff has recently revised and updated the draft Fire Protection Agreement with
the City of Otsego.
The one-year, auto-renewing, Fire Protection Agreement identifies the fire service area, emergency
services provided, and the costs assumed by each City. This Agreement will serve as an on-going
extension of the previous 5-year agreement, signed in 2018.
The following is a general summary of the updates/revisions in the Fire Protection Agreement with
the City of Otsego:
• Section 1:
o Updated to a one-year, auto-renewing agreement
o Updated the emergency services provided to a stand-alone exhibit
o Added language for the adjustment of the Fire Service Area (FSA)
• Section 2:
o Updated from quarterly billing to bi-annual billing
o No change in the Fire Service Fee formula
• Section 3
o Removed the Joint Fire Advisory Subcommittee and their meetings
• Section 8:
o New termination language
• Section 9:
o Updated language for reports sent to Otsego for all structure fires
• Section 15:
o New section requiring that the Fire Department complete biennial fire
inspections for commercial/industrial properties in the FSA.
o Otsego will reimburse Albertville for these inspections.
The City of Otsego requested that the City of Albertville review the current funding formula, in
an attempt to make their fire contracts more similar. The Albertville Fire Board reviewed
different funding formulas and at this time recommends no change to the formula.
If approved by Council, the updated Fire Protection Agreement with the City of Otsego will be
sent to Otsego staff for review and approval at an upcoming Otsego City Council meeting.
Agenda Page 28
Mayor and Council Request for Action – November 7, 2022
Fire – Otsego Fire Protection Agreement Page 2 of 2
POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy for Council to review and
approve policies as they deem necessary.
FINANCIAL CONSIDERATIONS: With the Fire Protection Agreement, the City of Otsego
pays a percentage of the annual City of Albertville Fire Department budget.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all financial matters.
Responsible Person: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Fire Protection Agreement with the City of Otsego
Agenda Page 29
FIRE PROTECTION AGREEMENT
WITH THE CITY OF OTSEGO
This agreement is made and entered into by and between the City of Albertville
(Albertville), a municipal corporation located in the County of Wright, State of Minnesota,
and the City of Otsego (Otsego), a municipal corporation located in the County of Wright,
State of Minnesota.
WHEREAS, Otsego desires the services of the Fire Department of Albertville in case of
fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a
medical emergency, and
WHEREAS, Otsego desires the fire protection and emergency medical services response
of the Fire Department of Albertville, in case of emergencies occurring in Otsego, and
WHEREAS, Albertville maintains a volunteer Fire Department with emergency medical
response capability, which the Fire Department is available to provide fire protection and
emergency medical services response to properties located in Otsego, and
THEREFORE, it is agreed by and between said parties as follows:
1. Albertville, through its Fire Department, shall provide fire protection and emergency medical
response services, attached as Exhibit A to this Agreement, to those properties in Otsego
identified on the Fire Service Area (FSA) map, attached as Exhibit B to this Agreement. Fire
service provided by Albertville includes general structural and nonstructural, grass and forest,
and vehicle firefighting and general rescue services including vehicle and equipment
extraction and general search and rescue, hazardous materials response, fire code enforcement
(but only on existing commercial and industrial structures located in the Fire Service Area)
and surface-level ice and water rescue. Such fire protection and emergency medical services
response shall be provided from January 1, 2023 through December 31, 2024, unless otherwise
terminated pursuant to the terms of this Agreement.
A. Otsego may adjust the FSA effective January 1st of any year by providing Albertville with
an amended exhibit B no later than September 1st of the preceding year.
2. Otsego shall pay Albertville a Fire Service Fee (“Fire Service Fee”) annually according to the
formula set forth in this paragraph in exchange for the provision of fire protection and
emergency medical services response as described in Exhibit A above. Albertville shall
invoice, and Otsego shall pay, Annual payments shall be made in the amount due for each
year, in two equal installments, due on or before every January 31st and July 31st.four equal
installments on or before every April 1st, July 1st, October 1st and December 31st. The Fire
Service Fee shall be calculated by multiplying the adjusted Fire Department budget, as set by
the Albertville City Council, for the year fire service is to be provided (consisting of the Fire
Department budget less state fire aids received) times the value of the Taxable Tax Capacity
within the Fire Service Area FSA that is located in Otsego divided by the total Taxable Tax
Agenda Page 30
Capacity of the entire Fire Service Area FSA, where the Taxable Tax Capacity is the Taxable
Tax Capacity used to calculate the real property taxes due in the year fire service is provided.
For example, if the Fire Department budget is $380,000, the Taxable Tax Capacity of the Fire
Service Area FSA in Otsego is $3,000,000, and the total Taxable Tax Capacity of the entire
Fire Service Area FSA is $10,000,000, then Otsego’s annual payment to Albertville for that
year under this Agreement would be $114,000, calculated as $380,000 times
($3,000,000/$10,000,000). Albertville shall issue a statement to Otsego by August of each
year detailing the following year’s estimated Fire Service Fee amount due. In the event that
Otsego disputes Albertville’s calculations or the basis for the calculations, the parties shall,
within thirty (30) days after such objections are delivered to Albertville, meet and negotiate in
good faith a resolution to the objections.
3. Otsego and Albertville’s respective City Councils shall both appoint Council representatives
to a Joint Fire Advisory Subcommittee for the purpose of reviewing ongoing fire service under
this Agreement, the proposed fire budget, to address issues arising from the Agreement, to
review the operating and capital budgets, and to plan for future joint fire and emergency
response services. The Subcommittee shall meet as often as is necessary, but shall meet at
least two (2) times per year. The Subcommitttee shall consist of two elected officials from
each City, the City Administrator of each City, the Finance Directors from each City and the
Albertville Fire Chief. The Subcommittee shall develop a plan to address the long-term
direction of the department.
3. Albertville shall take all reasonable steps to ensure that it has at all times adequate firefighting
and medical personnel and equipment available and ready to provide protection to Otsego’s
citizens and property as provided for in this Agreement.
4. Albertville shall at all times, keep in place liability insurance coverage to protect Otsego’s
interests and to fulfill Albertville’s obligations under this Agreement in at least the amount of
the maximum tort liability limits set forth in Minn. Stat. 466.04.
5. Albertville shall fully indemnify, hold harmless and defend Otsego from all claims arising out
of the negligence of Albertville, its employees, officers or agents in performing its duties under
this Agreement, provided such indemnification shall not exceed the maximum tort liability
limits set forth in Minn. Stat. 466.04.
6. Albertville’s obligation to provide fire protection service and emergency medical services
response shall be subject to the following:
a. If road and weather conditions at the time of the call are such that the fire/medical run
cannot be made with reasonable safety to men personnel and equipment, in the opinion of
the Fire Chief or his Deputy in charge, no obligation arises under this agreement on the
part of the City of Albertville to answer such call and no person or party shall have recourse
against the City of Albertville or City of Otsego for reasonable refusal to answer such call.
Agenda Page 31
b. In the event that a sufficient amount of the firefighting/medical equipment and the number
of volunteer firefighters, or both, are committed at the time of the fire call, in sole judgment
of the Fire Chief or his Deputy, to fighting pre-existing fires or attending a pre-existing
emergency, so as to render the available equipment and manpower inadequate to answer a
fire or medical call from Otsego, no obligation shall arise under this agreement to answer
such call, provided that Albertville makes all reasonable efforts to answer the fire or
medical call in Otsego, including requests for mutual aid.
c. In the event a fire or other emergency call by Otsego is answered by Albertville, but before
the fire in question is extinguished or the emergency is fully abated, the firefighting
equipment, emergency equipment, or volunteer firefighters, or any combination thereof,
are needed to fight another fire or respond to another emergency elsewhere in the Fire
Service Area FSA, the Chief or his Deputy without liability therefore to any person or to
Otsego under this agreement, may in his reasonable judgment, redeploy the firefighting
equipment, volunteer firefighters and emergency response equipment as they deem
necessary given the competing emergency situations. If a decision is made to leave a pre-
existing fire in Otsego, Albertville shall utilize all resources reasonably at its disposal to
provide alternative services to extinguish the fire in Otsego, including requests for mutual
aid. The reasonable judgment of the Fire Chief or his Deputy shall be final, and no person
or party shall have recourse against the City of Albertville or the City of Otsego for any
damages or losses resulting from such action or decision.
d. The parties acknowledge that Albertville has entered into mutual aid contracts with other
Fire Departments in other municipalities, and that in the event of concurrent fire calls or
other concurrent emergencies within the Fire Service Area FSA, Albertville will call for
mutual aid to serve one or all such emergencies as deemed necessary by the Fire Chief or
his Deputy.
e. Third parties shall have no recourse under this Agreement against either party to the
Agreement.
f. Because the City of Albertville has heretofore entered into mutual assistance firefighting
agreements with other municipalities possessing firefighting equipment and firefighters,
which equipment and firefighters could be called by the Chief or his Deputy to a fire or
other emergency in Otsego, the City of Otsego agrees to pay such additional cost as may
be incurred thereby if, in the sole reasonable judgment of the Chief or his Deputy, such
additional firefighting equipment/emergency response equipment and firefighters are
needed to respond to an emergency in Otsego and are in fact called to such emergency by
the Chief or his Deputy. Otsego shall be provided an itemized list and explanation for any
additional costs incurred under this section and billed to Otsego.
g. Otsego shall adopt an emergency services response fee ordinance that imposes a fee upon
vehicle-related emergency responses occurring within the Fire Service Area FSA that are
responded to by Albertville. Such ordinance shall adopt the same fee schedule as
Albertville’s Ordinance Establishing Charges for Emergency Response Services for
Agenda Page 32
vehicle-related emergency responses. All such fees collected by Otsego shall be remitted
to Albertville.
7. This agreement shall run for the period set forth in paragraph 1, provided, however, that this
Agreement may be terminated by either party following one year’s written notice to the other
party. In such case, this Agreement shall terminate on the first December 31st following the
first anniversary of the termination date (e.g., if a termination notice is served on October 17,
2023, this Agreement would terminate on December 31, 2024). Written notice of termination
shall be effective upon personal service of the termination notice upon the City Clerk of the
non-terminating city.
8. This Agreement shall commence on January 1st, 2023 and shall remain in effect unless, and
until, terminated as provided below:
A. By Agreement
i. This Agreement may be terminated at any time during its term by mutual agreement
of the parties. Such mutual agreement to terminate shall be in writing and shall be
effective when fully executed by both parties.
B. By Either Party
i. Either party may terminate this Agreement by serving a 365-day written notice of
termination to the other party. This Agreement shall terminate on the December 31st
following the 365-days from the date of written notice of termination, unless the
party serving the notice specifies a later date of termination or withdraws the notice
of termination in writing before it is effective.
C. By Albertville
i. If Otsego fails to pay for services as provided in this Agreement hereof,
Albertville may terminate this Agreement upon 60 days’ written termination
notice.
ii. If Otsego fails to reimburse Albertville for mutual aid costs as provided in this
Agreement hereof or fails to collect and forward to Albertville penalties for false
alarms as provided in this Agreement hereof, Albertville may give 30 days’ notice
to make payment or settle any dispute. In the event that payment is not made, or
any dispute is not resolved within the 30-day period, Albertville may terminate
this Agreement upon 180 days written termination notice.
D. Effect of Termination
i. In the event this Agreement is terminated, Otsego shall still be responsible for
paying in full any amount owed to Albertville for Services provided under this
Agreement up to the date of termination. Notice to either party shall be made to
the Office of the City Clerk.
9. If requested, Albertville shall provide Otsego with the names and addresses of those parties
served in Otsego with fire, medical or rescue services along with the incident report from the
event. Otsego may bill such parties separately and keep the proceeds from such billings, except
that the proceeds from vehicle-related responses shall be treated in accordance with the
provisions of paragraph 7G above. Albertville shall provide Otsego an incident report for
Agenda Page 33
every structure fire occurring in the FSA, in a format that is agreeable to both the Fire
Department and Otsego.
10. The City of Albertville shall require the City of Otsego City Administrator to review the
Minnesota Department of Revenue Apportionment Agreement of Fire Service Area Form
annually with any Fire Departments providing fire protection to the City of Otsego, and
apportion the population and estimated market value (EMV) of the property in the jointly
covered area (Minn. Stat. § 69.021, subd. 7, para. (c)). This review shall be completed prior to
July 1st of each calendar year. If any changes to the apportionment percentages are necessary,
these changes shall be signed by all individual Fire Departments and submitted to the MN
Department of Revenue prior to August 1st of that same calendar year, to allow the changes
to take effect the next calendar year. This change will then be reflected in each individual Fire
Department’s Minnesota Department of Revenue Form FA-1, Fire Equipment Certification.
11. All parties acknowledge that excessive false alarms constitute a public nuisance. The City of
Otsego agrees to enact a false alarm ordinance substantially similar to that in force in
Albertville and to enforce such false alarm ordinance and to collect and forward to the City of
Albertville penalties and fees collected from properties within the Fire Service Area FSA for
excessive false alarms.
12. Albertville shall enforce its false alarm ordinance.
13. Albertville owns all fire/rescue equipment used by the Fire Department and shall have the sole
discretion to determine when and how to dispose of such equipment, provided, however, that
the proceeds from the sale of such equipment shall be credited to Albertville’s Fire Department
fund.
14. Albertville owns the fire hall and shall have the sole discretion to determine when and how to
dispose of it, provided, however, that the proceeds from the sale of the fire hall shall be
credited to Albertville’s Fire Department fund.
Agenda Page 34
15. Commencing on January 1st, 2023, Albertville shall undertake required Fire Inspections within
the Albertville FSA of Otsego.
a. Process and Indemnification
i. Otsego shall provide to Albertville a list of sites that require biennial fire
inspections.
ii. Albertville shall provide to Otsego, at the time of billing, documentation and
reports (in written or electronic format) regarding each inspection setting forth
the address of the site inspected, the time spent on the inspection, observations
made at the site, and the result of the inspection.
iii. Otsego shall defend, hold harmless and fully indemnify Albertville from any and
all claims or causes of action of whatever nature resulting from or arising from the
fire inspections undertaken pursuant to this Agreement. However, nothing in this
Agreement shall waive any immunities or liability caps applicable to Albertville
under Minnesota statutory or case law, including Minnesota Statutes, Chapter
466.
b. Reimbursement for Fire Inspection Services
i. Otsego shall pay to Albertville, upon receipt of properly detailed billing, $50.00
per hour only for time spent on fire inspection within Otsego. No additional costs
such as mileage will be paid above the $50.00 per hour above stated.
Agenda Page 35
7
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
________ day of _________________________, 2022.
CITY OF ALBERTVILLE CITY OF OTSEGO
By: ___________________________ By: _________________________
Jillian Hendrickson, Mayor Jessica Stockamp, Mayor
ATTEST:
___________________________ _________________________
Kris Luedke, City Clerk Audra Etzel, City Clerk
Agenda Page 36
8
EXHIBIT A: SERVICES
Albertville’s Fire Department agrees to provide Otsego the following services, subject to the
terms and conditions of the Agreement:
• Structural Firefighting, specifically:
o Exterior Structural Firefighting
o Interior Structural Firefighting
• Grass/Wildland Firefighting
• Other Firefighting, specifically:
o Vehicle & Equipment Firefighting
• Technical Rescue, specifically:
o Vehicle & Equipment Extrication
o General Search and Rescue
o Surface Ice and Water Rescue
• Other, specifically:
o Investigation of Fire and Carbon Monoxide Alarms
• Hazardous Materials Response, specifically:
o Haz-Mat Awareness Level
o Haz-Mat Operations Level
• Emergency Medical Services, specifically:
o Emergency Medical Responder Level to Medical Emergencies as
requested by Allina Health EMS Dispatch and/or Wright County
Dispatch
o Emergency Medical Responder Level to Personal Injury Accidents as
requested by Allina Health EMS Dispatch and/or Wright County
Dispatch
• Disaster Response, specifically:
o Initial response for rescue, life-safety and incident stabilization (not
including emergency management related functions)
Agenda Page 37
9
EXHIBIT B
Fire Service Area (FSA)
Agenda Page 38
Mayor and Council Request for Action
November 7, 2022
SUBJECT: PUBLIC WORKS – CENTRAL PARK SUN SHADE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Accept quote from Midwest Playscapes in the amount of $13,279.64 to purchase
and install a cantilevered sun shade in Central Park near the skate park.
INFORMATION: The Albertville Parks Committee is recommending the attached sun shade
be purchased to and place over the patio area adjacent to the skate park. The quote includes the
12’ x 20’ shade, structure, and installation.
KEY ISSUES:
•The Parks Committee has reviewed and recommends the purchase.
FINANCIAL CONSIDERATIONS: The amount of the purchase is $13,4279.64, which will
be funded with Park Dedications funds. The STMA Rotary has offered to donate $10,000
towards the purchase over the next two years.
Responsible Person: Tim Guimont, Public Works Supervisor
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment:
•Quote and image of Sun Shade
Agenda Page 39
www.usa-shade.com | 800-966-5005
Page 5 of 9
Structure Q-032483 Details
Structure Type Full Canti Hip Weight of Each Column 226.2 lbs
Model Number 9/20/2022 Single Full Hip Canti 242 Column Steel Size HSS 5.00 x 5.00 x 0.250
Structure Size Length 20 ft 0 in Width 12 ft 0 in Weight of Upper Frame (Total)700.6 lbs
Entry Height 10 ft 0 in Upper Frame Steel Size Round Tubing 2.5 GA 11
No. of Columns 2 Weight of Entire Structure (Each)1153.01 lbs
Number of Fabric Tops 1 Est. Pier Footing Size 2.00 Diam. x 8.00 Deep
Fabric Type Shadesure Est. Pier Footing Concrete (Each)0.93 Cubic Yards
Fabric Color:Arizona 200000SAZ Est. Spread Footing Size 5.50 Sq x 3.00 Deep
Fabric Attachment Type Quick Release Est. Spread Footing Concrete (Each)3.36 Cubic Yards
Frame Finish Polyester-TGIC Powder Coating Buiding Code INTERNATIONAL
BUILDING CODE 2018
Frame Color FOREST GREEN-115618FRG Wind Load Fabric On (Max)115 MPH* and 180 MPH
with Fabric Off
Electrical Access None Snow Load Fabric On (Max)5 PSF
Cable/Hardware Finish Galvanized Column Attachment Type Embedded
Anchor Bolts Included NA Other
Agenda Page 40
Mayor and Council Request for Action
______________________________________________________________________________
November 7, 2022
SUBJECT: PUBLIC WORKS – APPROVE PURCHASE OF JOHN DEERE 544P WHEEL LOADER
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
MOTION TO: approve the purchase of a new 544P John Deere Wheel Loader in the amount of
$256,056.44.
INFORMATION: The Public Works Department would like to replace the 2000 Case wheel
loader with a 2023 544P John Deere. The City has one (1) loader, which is essential to public
works operations and used throughout the year. It will take approximately 12 months to receive
the new loader. The old loader will be sold once the new loader is received.
KEY ISSUES:
• The proposed purchase will replace the 2000 Case.
• This is a budgeted purchase and consistent with the city’s CIP.
• The price is based on Minnesota State Contract Pricing (contract # 204505)
• The wheel loader is a critical piece of equipment and used year-round by the city for
snow removal, compost site operations, park maintenance, street repair, etc.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to approve equipment purchases.
FINANCIAL CONSIDERATIONS: The Wheel Loader is one of several planned ARPA
purchases. Albertville received approximately $824,000 from the act and public works and utility
equipment is an eligible purchase. Other planned ARPA purchases include emergency
generators, water reading equipment, and utility vehicles.
Responsible Person: Tim Guimont, Public Works Supervisor
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachment:
• John Deere Quote
Agenda Page 41
Agenda Page 42
Agenda Page 43
Agenda Page 44
Mayor and Council Request for Action
November 7, 2022
SUBJECT: LEGAL – AVA SECOND ADDITION DEVELOPER’S AGREEMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve AVA Second Addition Developer’s Agreement and authorizing City
staff to fill in the required letter of credit and development fee amounts per the City’s ordinances.
BACKGROUND: The City Council has recently granted preliminary and final plat approval to
the AVA Second Addition plat as well as approval of a request to rezone the property to PUD/I-2
Industrial. Preliminary and final plat approval were contingent on the Developer entering into a
developer’s agreement for the property.
This developer’s agreement is a typical City PUD developer’s agreement, incorporating the
conditions of both the Council’s plat and zoning approval. Letter of credit amounts are still being
calculated, as are the acreage numbers that will be used to arrive at the amount of the trunk
charges.
KEY ISSUES:
• The Property will comply with the I-2 zoning district, except for the PUD elements
contained in the rezoning approval.
• The developer’s agreement requires the developer to provide a temporary pond easement
over the existing Karmen Avenue pond as the existing platted drainage easement must be
vacated before the plat can be recorded. The temporary easement and the pond will
remain in place until the replacement pond is constructed elsewhere on the property per
the plans and specs.
• All ponds must be completed before any building permits will issue.
• The only municipal improvements to be constructed will be the storm sewer ponds.
There is no public street or public utility work being performed on this plat.
• The Developer is required to post a letter of credit and will pay the standard trunk line
and park dedication fees before the plat is released.
• Because the Developer has requested that the City vacate the easement over the pond
that is currently taking water from Karmen Avenue and the Developer is proposing to
reroute Karmen Avenue’s water to a pond that also takes a significant amount of water
from the lots in the plat, the Developer will be required to maintain that pond even
though it will hold City water.
POLICY/PRACTICES CONSIDERATIONS: Except for the specific PUD provisions and the
vacation of the existing plat, this developer’s agreement is consistent with prior Albertville
developer’s Agreements.
Agenda Page 45
Mayor and Council Request for Action – November 7, 2022
AVA Second Addition Developer’s Agreement Page 2 of 2
FINANCIAL CONSIDERATIONS: Approval of the developer’s agreement will pave the way
for the recording of the plat and the payment of trunk line, administrative, and park dedication
fees.
LEGAL CONSIDERATIONS: Except for the specific PUD issues and the ponding issues
addressed above, this developer’s agreement follows the City’s standard developer’s agreement.
Department/Responsible Person: Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
•AVA Second Addition Developer’s Agreement
Agenda Page 46
1
CITY OF ALBERTVILLE
DEVELOPMENT AGREEMENT/
PLANNED UNIT DEVELOPMENT AGREEMENT
AVA SECOND ADDITION
THIS AGREEMENT, entered into this ___ day of November, 2022 by and
between Darkenwald Holdings, Limited, a Minnesota 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 of the real property described in the
attached Exhibit A, which real property is proposed to be subdivided and platted for
development, and which subdivision, which is the subject of this Agreement, is
intended to bear the name “AVA Second Addition” and shall hereinafter be referred
to in its entirety as “Said Plat” or “Subject Property,” the final plat of which is attached
as Exhibit B; and
WHEREAS, Developer has received final plat approval for two numbered lots
and one outlot within Said Plat; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning Said Plat and the conditions imposed thereon; and
WHEREAS, Developer has requested and been granted a rezoning of the
Subject Property to I-2 Planned Unit Development/General Industrial District; and
WHEREAS, the City has given final approval of Said Plat contingent upon
compliance with certain City requirements including, but not limited to, matters set
forth herein; and
Agenda Page 47
2
WHEREAS, the City requires that certain Municipal Improvements including,
but not limited to, grading and storm sewer be installed to serve Said Plat and other
properties affected by the development of Developer’s land, to be installed and
financed by Developer; and
WHEREAS, the City further requires that certain other improvements be
installed by the Developer within Said Plat, which improvements consist of
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways
and parking lots, drainage swales, berming, street signs, parking lot lighting, street
cleanup during project development, erosion control, and other site-related items; and
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 and Plat Approval. Said Plat is hereby approved,
subject to the following conditions:
A. The Subject Property is rezoned I-2 Planned Unit Development/General
Industrial District and shall comply with the requirements of the I-2 Zoning
District as it is amended from time to time, except as set forth in this
subparagraph 1.A:
i. Building A located on said Lot 1 as shown on the Plans and
Specifications for AVA Second Addition, as prepared by Landform
dated _____________, 2022 attached as Exhibit C may be set back no
less than 8 feet from the side yard property line.
ii. The curb cut width of the driveway to said Lot 1 may be no greater than
42 feet in width.
iii.All driveways, parking and outdoor storage areas shall have perimeter
concrete curbing, paved surfacing and striped parking stalls and outdoor
storage area stalls.
iv. The bottom four to five feet of the exterior walls of the garage-type
buildings facing the public streets or adjoining properties must be faced
with brick, stone, or their replicants wainscoting.
v. All leases for storage on said Lot 1 must prohibit the following:
a. Prohibited Storage:
i. Explosives
Agenda Page 48
3
ii. Hazardous materials
iii. Toxic materials
iv. Flammable materials such as fuels and accelerants
v. Materials that are subject to spoilage or deterioration.
b. Prohibited uses of the storage bays:
i. Residential living
ii. Housing of animals
iii. Conducting a business
iv. Manufacturing or assembly of products.
B. Developer agrees that all buildings on Lot 1, Block 1 shall be constructed
in the locations shown on the Plans and Specifications for AVA Second
Addition, as prepared by Landform dated _____________, 2022 attached
as Exhibit C unless otherwise approved by motion of the City Council.
C. Developer shall construct the number of parking stalls in the locations and
dimensions on said Lot 1 as shown on the attached Exhibit C.
D. Use of lots on Said Plat. The uses on all lots of Said Plat shall comply with
the City’s zoning code and applicable state law at all times.
E. Developer shall develop Said Plat consistent with the Plans and
Specifications for AVA Second Addition, as prepared by Landform dated
______________ attached as Exhibit C. The Developer shall comply with
all site plan approvals set by the City Council except where specifically set
out in this agreement.
F. All grading, drainage, utility and transportation issues that arise during
development of Said Plat shall be subject to review and approval by the
City Engineer.
G. Trees, shrubs, berms and screening are to be planted and installed by
Developer at Developer’s expense as shown on the Plans and Specifications
for AVA Second Addition, as prepared by Landform dated ____________
attached as Exhibit C. Developer shall install landscaping shown on Exhibit
C by October 31, 2023. The Developer shall guarantee that all new trees
shall survive for two full years from the time the planting has been
completed or will be replaced at the expense of the Developer.
H. Developer shall maintain the storm sewer system and ponds located on Said
Plat. Developer shall not modify nor obstruct said storm sewer system or
ponds without the express written consent of the City. Developer
Agenda Page 49
4
understands that the storm water ponds on the Subject Property will contain
storm water from Karmen Avenue as a result of the City granting
Developer’s request to vacate the drainage and utility easement that is
currently being used for ponding water from Karmen Avenue on the
Subject Property. Developer agrees to maintain the storm water ponds at
Developer’s cost in perpetuity, including the pond(s) that may contain water
from Karmen Avenue.
I. Prior to the recording of the final plat, Developer shall provide the City with
a temporary stormwater and utility easement over the ponding area shown
on the attached Exhibit D. Said temporary stormwater and utility easement
shall expire at such time as:
i. Developer completes construction of the ponds shown on the Plans and
Specifications shown on the attached Exhibit C; and
ii. Developer constructs the drainage conveyance system which conveys
storm water from Karmen Avenue to the completed ponds shown on the
Plans and Specifications shown on the attached Exhibit C.
J. No building permits shall be issued for any buildings on said Lot 1 until
all storm water ponds shown on the Plans and Specifications shown on the
attached Exhibit C are completed.
K. No building permits shall be issued for any building on Outlot A of Said
Plat until such outlot is replatted as a numbered lot and block compliant
with the Albertville Subdivision and Zoning Codes.
L. All private utilities installed on Karmen Avenue shall be installed
underground in a joint trench.
M. Developer shall install outdoor lighting in accordance with the Plans and
Specifications for AVA Second Addition, as prepared by Landform dated
______________, 2022 attached as Exhibit C.
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 AVA
Second Addition, as prepared by Landform dated ___________, 2022 and
on file with the City Clerk, said improvements to include grading and
installation of storm water treatment ponds as set forth on Exhibit C to
this Agreement, and street signs to be of such type and to be installed at
such locations as required by the City Engineer and in conformance with
Agenda Page 50
5
the Manual on Uniform Traffic Control Devices (collectively, the
“Municipal Improvements”). All the Municipal Improvements shall be
constructed according to the standards adopted by the City, along with all
items required by the City Engineer. Unless the City Engineer specifies a
later date, said improvements shall be installed by October 31, 2023.
B. The Developer shall provide the City with record drawings for all
Municipal Improvements, consistent with City requirements and subject
to review and approval of the City Engineer. Record drawings shall be
certified by a registered land surveyor or engineer that all ponds, swales,
emergency overflows, and Municipal Improvements have been
constructed on public easements. Such record drawings shall be provided
in paper and/or electronic formats as required by the City Engineer, and
shall meet all applicable State requirements for such drawings.
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
Municipal 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.
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 and pay
any contractors who performed work on any Municipal Improvements and
whom Developer has failed to fully pay for the performance of said work.
E. The City shall, at its option, have the City Engineer present on Said Plat for
inspection purposes at all times (or such times as the City may deem
necessary) during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all reasonable costs incurred
by the City during said inspections.
3. Construction of Private Improvements.
A. Developer shall construct all on- and off-site improvements (“Private
Improvements”) including installation of storm sewer not located in the
street right of way, boulevards, street signs, traffic signs, yard top soil,
sod and seed in all yards, grading control per lot, bituminous or concrete
driveways and parking lots, and like items as necessary, street cleanup
during project development, and erosion control, all as required by City
Agenda Page 51
6
ordinance. All yard areas shall be sodded with grass or landscaped in
accordance with the attached Landscaping Plan. In all cases permanent
turf or grass must be established over all areas of the lot not covered by
a hard or impervious surface. Erosion control, drainage swales and
berming, shall be installed upon initial grading of Said Plat. The grading
of Said Plat shall be performed in accordance with the Plans and
Specifications for AVA Second Addition, as prepared by Landform
dated ______________, 2022.
B. Developer agrees to have all utilities installed at its expense according
to Plans and Specifications for AVA Second Addition, as prepared by
Landform dated _____________, 2022.
C. Notwithstanding the requirements of subparagraph 3A above, the
Developer shall install to the City's satisfaction said Private
Improvements for said Lot 1 prior to the date that a certificate of
occupancy (temporary or permanent) is issued by the City for a building
located on the lot, unless the certificate of occupancy is issued after
October 1st and before March 30th in any given year, in which case a
certificate of occupancy shall be issued if all Private Improvements
except landscaping and sod have been installed. In such cases, the owner
of the lot shall cause the required landscaping and sod to be installed by
the first June 30th following the issuance of the occupancy permit.
4. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the
obligations of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of $_____________,
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($_____________), 50% of the cost of selected Private
Improvements, ($________________), $1,500 per acre for erosion and
sediment control over ___________ acres ($___________) and 150%
of the estimated cost for landscaping/screening materials
($____________).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 the issuer of the letter of
credit provides written notice to the City at least 45 days prior to the
Agenda Page 52
7
expiration of the letter of credit of the issuer’s intent not to renew the
letter of credit. Developer agrees that none of the lots or outlots on Said
Plat may be replatted nor shall a building permit be issued for any such
lot until said letter of credit is provided to the City.
B. The City may draw on said letter of credit or surety to complete work
not performed by Developer (including but not limited to Private
Improvements, Municipal Improvements and Landscaping
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 in the drafting, execution,
administration or enforcement of this Agreement, to repair or correct
deficiencies or other problems which occur to the Municipal
Improvements during the warranty period, or to otherwise fulfill the
obligations of Developer under this agreement. Said letter of credit
must be maintained by Developer at all times at the level provided in
paragraph 4.A above or a lesser amount authorized by the City
Council pursuant to paragraph 5.B below.
C. In the event that any cash, irrevocable letter of credit, or other surety
referred to herein is ever utilized and found to be deficient in amount
to pay or reimburse the City in total as required herein, the Developer
agrees that upon being billed by the City, Developer will pay within
thirty (30) days of the mailing of said billing, the said deficient
amount. If there should be an overage in the amount of utilized
security, the City will, upon making said determination, refund to the
Developer any monies which the City has in its possession which are
in excess of the actual costs of the project as paid by the City.
D. Developer hereby agrees to allow the City to specially assess
Developer's property for any and all costs incurred by the City in
enforcing any of the terms of this agreement should Developer's letter
of credit or surety prove insufficient or should Developer fail to
maintain said letter of credit or surety in the amount required above
within 30 days of mailing of written request by the City.
E. In the event a surety referred to herein is in the form of an irrevocable
letter of credit, which by its terms may expire or become null and void
prior to the time at which all monetary or other obligations of the
Developer are paid or satisfied, it is agreed that the Developer shall
provide the City with a new letter of credit or other surety, acceptable
to the City, at least forty-five (45) days prior to the expiration of the
original letter of credit. If a new letter of credit is not received as
Agenda Page 53
8
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. Developer shall maintain said
letter of credit in the amount required by the City at all times.
F. 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, Private Improvements or
Landscaping, and when it is reasonably prudent, the Developer may
request of the City that the surety be proportionately reduced for that
portion of the Municipal Improvements, Private Improvements or
Landscaping which have been fully completed and payment made
therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be
billed to the Developer. Such cost shall be paid to the City within thirty
(30) days of the date of mailing of the billing.
B. The Developer may request of the City a reduction or release of any
surety as follows:
i. When another acceptable letter of credit or surety is furnished to
the City to replace a prior letter of credit or surety.
ii. When all or a portion of the required 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
Agenda Page 54
9
the Municipal Improvements during the second year of the
warranty period.
iii. When all or a portion of the landscaping improvements have
been installed pursuant to the Plans and Specifications for AVA
Second Addition, as prepared by Landform dated
_________________, 2022 attached as Exhibit C, the letter of
credit or surety may be reduced by the dollar amount attributable
to that portion of such landscaping improvements installed,
except the City shall retain the letter of credit or surety in the
amount of 25% of the estimated Landscaping Improvement costs
for two years from the time of the installation of said landscaping
materials.
iv. As to all requests brought under this paragraph, the City Council
shall have complete discretion whether to reduce or not to reduce
said letter of credit or surety.
C. The City shall act upon Developer’s letter of credit reduction requests
within 35 days of submission of a written request for reduction. The costs
incurred by the City in processing any reduction request shall be billed to
the Developer and paid to the City within thirty (30) days of billing.
6. Abandonment of Project - Costs and Expenses.
In the event Developer should abandon the proposed development of Said Plat,
the City’s costs and expenses related to attorney’s fees, professional review,
drafting of this Agreement, preparation of the feasibility report, plans and
specifications, and any other expenses undertaken in reliance upon Developer’s
various assertions shall be paid by said Developer within thirty (30) days after
receipt of a bill for such costs from the City. In addition, in the event the
Developer abandons the project, in whole or in part, ceases substantial field work
for more than nine (9) months, fails to provide sufficient ground-cover to prevent
continuing soil erosion from Said Plat, or fails to leave the abandoned property in
a condition which can be mowed using conventional lawn mowing equipment,
Developer agrees to pay all costs the City may incur in taking whatever action is
reasonably necessary to provide ground-cover and otherwise restore Said Plat to
the point where undeveloped grounds are level and covered with permanent
vegetation sufficient to prevent continuing soil erosion from 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.
Agenda Page 55
10
7. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all
reasonable administrative, legal, planning, engineering and other professional
costs incurred in the creation, administration, enforcement or execution of this
Agreement and the approval of Said Plat, as well as all reasonable engineering
expenses incurred by the City in designing, approving, installing, and inspecting
said Improvements described above. Developer agrees to pay all such costs within
30 days of billing by the City. If Developer fails to pay said amounts, Developer
agrees to allow the City to reimburse itself from said surety and/or assess the
amount owed against any or all of properties in Said Plat without objection.
8. Development Related Fees and Credits.
A. Sanitary Sewer and Water Trunk Line Fees.
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 _______ acres in said Plat to
which the Trunk Charges apply, which received final plat approval (said
Lots 1 and 2, but excluding outlot). Therefore, the Sanitary Sewer and
Water Trunk Line Fees for the numbered lots receiving final plat approval
are $___________ ($____________ in sanitary sewer trunk line fees
calculated as $2,055.00 x ______ acres and $___________ in trunk water
fees calculated as $1,925.00 x _______ acres).
B. Storm Water Utility Connection Charge.
Developer agrees that the City’s Storm Water Utility Connection Charge
Ordinance requires the Developer to pay $1,500 per acre for all acres
included in said Lots 1 and 2 upon application for a building permit on said
Lots 1 and 2.
C. SAC and WAC Charges. Developer agrees that the City’s Sewer Access
Charge (“SAC”) and Water Access Charge (“WAC”) ordinances require
the Developer to pay applicable SAC and WAC upon application for a
building permit on said Lots 1 and 2.
D. Administrative Fee. A fee for City administration of this project shall be
paid prior to the City executing the Plat and this Agreement. Said fee
shall be 3.5% of the estimated construction costs of the Municipal
Agenda Page 56
11
Improvements within the Plat. The administrative fee for this Plat is
$____________.
9. Erosion and Siltation Control.
Developer shall implement all erosion control measures detailed in the Storm
Water Pollution Prevention Plan (“SWPPP”) and on the Grading and Drainage
plan (including construction of all temporary and permanent ponds) in the order
required by the City Engineer. Developer shall also implement any additional
erosion control measures required by the City Engineer, and shall abide by all
erosion control requirements contained in the Albertville Subdivision ordinance
and as required by the NPDES Construction Stormwater Permit for the project.
The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the erosion control plan and/or the requirements
of the NPDES Construction Stormwater Permit, the City may take such action as
it deems appropriate to control erosion, and the landowner hereby grants the City
permission to enter upon the land and take such necessary erosion control
actions. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's
and City's rights or obligations hereunder. If the Developer does not reimburse
the City for any cost the City incurred for such work within thirty (30) days, the
City may draw down the letter of credit to pay any costs or may specially assess
Developer’s land for the costs not covered by the letter of credit. No
development will be allowed and no building permits will be issued unless the
development is in full compliance with the erosion control requirements.
10. Drainage Requirements.
Developer shall comply with all requirements set forth for drainage into any county
ditch or other ditch through which water from Said Plat may drain, and shall make
any necessary improvements or go through any necessary procedures to ensure
compliance with any federal, state, county or city requirements, all at Developer's
expense.
11. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage 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 activity
which takes place during the development of Said Plat. The Developer further
agrees to pay all costs required to repair the streets, utility systems and other public
Agenda Page 57
12
property damaged or cluttered with debris when occurring as a direct or indirect
result of the construction that takes place in Said Plat.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a result
of construction activity on Said Plat will be repaired immediately if deemed to
be an emergency by the City. Developer further agrees that any damage to
public property as a result of construction activity on Said Plat will be repaired
within 14 days of notice to the Developer provided by the City if not deemed to
be an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public property,
the City may immediately undertake making or causing it to be cleaned up,
repaired or maintained. When the City undertakes such activity, the Developer
shall reimburse the City for all of its expenses within thirty (30) days of its billing
to the Developer. If the Developer fails to pay said bill within thirty (30) days,
then the City may specially assess such costs against the lots within Said Plat and/or
take necessary legal action to recover such costs and the Developer agrees that the
City shall be entitled to attorney’s fees incurred by the City as a result of such legal
action.
12. Temporary Easement Rights.
Developer shall provide access to 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 work
shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Contract is for any reason held invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portion of this Contract.
C. If building permits are issued prior to the completion and acceptance of
public improvements, the Developer assumes all liability and the costs
resulting in delays in completion of public improvements and damage to
public improvements caused by the City, Developer, its contractors,
subcontractors, materialmen, employees, agents, or third parties.
Agenda Page 58
13
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments
or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
E. This Contract shall run with the land and shall be recorded against the title
to the property.
F. The Developer represents to the City that Said Plat and its related
submissions (including but not limited to the grading plan, utility plan, and
site plan) 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 in the 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, provided that Developer
shall provide an executed mortgage subordination agreement from all
mortgage holders subordinating such mortgages to the terms of this
Agreement. Evidence of good and marketable title shall consist of a Title
Insurance Policy or Commitment from a national title insurance company,
or an abstract of title updated by an abstract company registered under the
laws of the State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
I. Developer shall obtain all required driveway, utility and other permits as
required by either the City Engineer, Wright County and/or the State of
Minnesota for the construction of the Municipal Improvements and the On-
and Off-Site Improvements.
14. Violation of Agreement.
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14
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 with a
courtesy copy sent via email), and if such default is not cured within said
thirty (30) day period, the City is hereby granted the right and the privilege
to declare any deficiencies governed by this Agreement due and payable to
the City in full. The thirty (30) day notice period shall be deemed to run
from the date of deposit in the United States Mail. Upon failure to cure by
Developer, the City may thence immediately and without notice or consent
complete some or all of the Developer's obligations under this Agreement,
and bring legal action against the Developer to collect any sums due to the
City pursuant to this Agreement, plus all costs and attorney's fees incurred
in enforcing this agreement. The City may also specially assess all said
costs incurred upon default against the properties in Said Plat pursuant to
the terms of this agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph 14.A
above, in the event that a default by Developer will reasonably result in
irreparable harm to the environment or to public property, or result in an
imminent and serious public safety hazard, the City may immediately
exercise all remedies available to it under this agreement in an effort to
prevent, reduce or otherwise mitigate such irreparable harm or safety
hazard, provided that the City makes good-faith, reasonable efforts to notify
the Developer as soon as is practicable of the default, the projected
irreparable harm or safety hazard, and the intended actions of the City to
remedy said harm.
C. Paragraph 14.A of this Agreement shall not apply to any acts or rights of
the City under paragraph 4.E of this Agreement, and no notice need be
given to the Developer as a condition precedent to the City drawing upon
the expiring irrevocable letter of credit as therein authorized. The City may
elect to give notice to Developer of the City's intent to draw upon the surety
without waiving the City's right to draw upon the surety at a future time
without notice to the Developer.
D. Breach of any of the terms of this Contract by the Developer shall be
grounds for denial of building permits to the properties on Said Plat.
15. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
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15
marketable title to Said Plat, and upon completion of all construction
work and certification of completion by the City Engineer, shall
dedicate all street right-of-ways and drainage and utility easements to
the City. Upon acceptance of dedication, Developer shall provide to the
City “As-Builts” (both in paper form and electronic form as required by
the City Engineer) of all publicly dedicated streets, utilities, storm
sewers, storm water ponds and other Municipal Improvements required
under this Agreement. Acceptance by City of any dedication shall occur
upon passage of a resolution to such effect by the City Council.
B. Park Dedication.
The Developer is required to pay a cash contribution of $_________
in satisfaction of the City’s park and trail dedication requirements.
This charge is calculated as follows: _______ acres (Lot 1 and 2
acreage) x $2,500 per acre = $______. Developer shall pay park
dedication on Outlot A at such time as that lot is replatted as a
numbered lot.
C. Outlots Containing Wetlands and Wetland Buffer Areas.
Upon the replatting of outlots containing wetlands and wetland
buffer areas into numbered lots, such wetlands and buffer areas shall
remain in an outlot and such outlot shall be dedicated to the City.
D. Stormwater Retention and Treatment Ponds and Basins.
i. Developer shall dedicate drainage and utility easements to the
City over all stormwater retention and treatment ponds and
basins. Developer shall be required to maintain all such ponds,
in accordance with the terms of the Stormwater Maintenance
Agreement attached as Exhibit E.
ii. Developer shall enter into that Storm Water Maintenance
Agreement attached as Exhibit E and shall comply with the
terms of such Agreement.
iii. Developer shall provide the City with a drainage and utility
easement attached as Exhibit F to allow the City to access the
storm water ponds on said plat.
16. Indemnity.
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16
Developer shall hold the City and its officers and employees harmless from
claims made by Developer and third parties for damages sustained or costs
incurred resulting from Said Plat approval and development. The Developer
shall indemnify the City and its officers and employees for all costs, damages
or expenses which the City may pay or incur in consequence of such claims,
including attorney's fees. Third parties shall have no recourse against the City
under this contract.
17. Assignment of Contract.
The obligations of the Developer under this Contract can be assigned by the
Developer. However, the Developer shall not be released from its obligations
under this contract without the express written consent of the City Council
through Council resolution.
18. Limited Approval.
Approval of this Agreement by the City Council in no way constitutes approval
of anything other than that which is explicitly specified in this Agreement.
19. Professional Fees.
The Developer will pay all reasonable professional fees incurred by the City as
a result of City efforts to enforce the terms of this Agreement. Said fees include
attorney’s fees, engineer’s fees, planner’s fees, and any other professional fees
incurred by the City in attempting to enforce the terms of this Agreement. The
Developer will also pay all reasonable attorney’s fees and professional fees
incurred by the City in the event an action is brought upon a letter of credit or
other surety furnished by the Developer as provided herein.
20. Plans Attached as Exhibits.
All plans attached to this Agreement as Exhibits are incorporated into this
Agreement by reference as they appear. Unless otherwise specified in this
agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
21. Integration Clause, Modification by Written Agreement Only.
This Agreement represents the full and complete understanding of the parties
and neither party is relying on any prior agreement or statement(s), whether
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17
oral or written. Modification of this Agreement may occur only if in writing
and signed by a duly authorized agent of both parties.
22. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand (to the
City Clerk for the City) or registered mail addressed as follows to the following
parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Darkenwald Holdings, Limited
Attn: Casey Darkenwald
7535 River Road NE
Otsego, MN 55330
Telephone: ______________
Email: casey@darkenwaldcorp.com
23. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs,
successors and assigns of the parties hereto.
CITY OF ALBERTVILLE
By_______________________
Its Mayor
By_______________________
Its Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ____________
day of __________________, 2022, by Jillian Hendrickson as Mayor of the City of
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18
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 __________________, 2022, by Kris Luedke, as Clerk of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
___________________________________
Notary Public
Agenda Page 64
19
DARKENWALD HOLDINGS, LIMITED
______________________________
By: Casey Darkenwald
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _________ day of
__________________, 2022, by Casey Darkenwald as President of Darkenwald
Holdings, Ltd.
___________________________________
Notary Public
DRAFTED BY:
Couri & Ruppe Law Office
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
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20
EXHIBIT A TO DEVELOPER’S AGREEMENT
The legal description of the Plat to which this Developer’s Agreement applies
is as follows:
Lots 1 and 2
Outlot A
All such property in the plat of AVA Second Addition, as said plat is on file in the
Wright County Recorder’s Office, Wright County, Minnesota.
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EXHIBIT B
Final Plat
EXHIBIT C
Plans and Specifications dated _________________, 2022
EXHIBIT D
Temporary Ponding Easement
EXHIBIT E
Stormwater Management Agreement
EXHIBIT F
Drainage and Utility Easement (to access storm water ponds)
Agenda Page 67
Mayor and Council Request for Action
November 7, 2022
SUBJECT: ADMINISTRATION – WRIGHT COUNTY ASSESSMENT SERVICES AGREEMENT FOR
2024-2025
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
MOTION TO: Approve the Wright County Assessment Services Agreement for 2024-2025.
BACKGROUND: The Wright County Assessor’s Office has been providing Albertville with
assessment services dating back to the early 1990’s. Wright County provides experienced and
licensed assessors and has provided consistency in the valuation of properties.
A comparison of the current rates and the proposed new rates are below:
Parcel Type 2022-2023 Costs 2024-2025 Costs
Existing Parcel Assessment $14.00/parcel – 2022
$15.00/parcel – 2023
$15.00/parcel – 2024
$15.00/parcel – 2025
New Construction/Addition –
Residential/Commercial/Industrial/
Apartment/Exempt under $499,999
$60.00/parcel $60.00/parcel
New Construction/Addition –
Residential/Commercial/Industrial/Apartment
/Exempt over $500,000
$160.00/parcel $160.00/parcel
The agreement will begin January 2, 2023 and will end June 30, 2025.
KEY ISSUES:
• Wright County Assessor’s Office has experienced and licensed assessors who specialize
in both residential and commercial properties.
• The County Assessor is able to provide consistent assessment values across multiple
jurisdictions.
• The 2024-2025 cost will remain the same as the cost of year 2023.
POLICY CONSIDERATIONS: It is the City’s policy to evaluate and consider contracts on a
case by case basis, seeking the best value for the City.
FINANCIAL CONSIDERATIONS: The City budgets annually for these assessment services.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments:
• Wright County 2024-2025 Assessment Services Agreement
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Agenda Page 69
2.All information, records, data, reports, and the like that are necessary to allow theCounty to carry out its responsibilities under this Agreement shall be furnished to the County without charge by the City/Township and the City/Township agrees to cooperate in good faith with the County in carrying out the work under this Agreement. 3.The City/Township agrees to furnish, without charge, workspace, if needed, for anappraiser to perform such tasks as document review, with such tasks to be performed during normal business hours for the City/Township. 4.The County agrees to indemnify and hold harmless the City/Township and all of itsagents and employees against any and all claims, demands, actions or causes of action arising out of or by reason of the performance of work provided for herein to be performed by the County. It is further agreed that any and all full time employees of the County engaged in the performance of any work or services required or provided for herein shall be considered employees of the County only and not of the City/Township and that any and all claims that may arise under the Workman's Compensation Act of the State of Minnesota and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees shall be the sole obligation and responsibility of the County. 5.This Agreement shall commence on January 2, 2023 and shall terminate on June 30,2025. Either party may initiate an extension of this Agreement for a term of two years by giving the other party written notice of its intent to extend no less than 120 days prior to the termination of this Agreement. If the party who receives said notice of intent to extend gives written notice 2 Agenda Page 70
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