2013-04-15 CC Packet
City of Albertville Council Agenda
Monday, April 15, 2013
City Council Chambers
7:00 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.
M:\Public Data\City Council\Council Agendas\2013 Agendas\041513 Council Agenda.doc
Meeting Date: April 15, 2013
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE – ROLL CALL
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS
A. Annual Audit Presentation/Comprehensive Annual Financial Report – presented
by KDV
4. PUBLIC FORUM – (time reserved 5 minutes)
5. AMENDMENTS TO THE AGENDA
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by the City staff and will
be enacted by one motion. In the event an item is pulled it will be discussed in the order it
is listed on the Consent agenda following the approval of the remaining Consent items.
These items will be approved by a separate motion.
A. Approve the April 1, 2013 City Council regular meeting minutes as presented (pgs 4-
10)
B. Authorize the April 15, 2013 payment of claims as presented, except bills specifically
pulled which are passed by separate motion. The claims listing has been provided to
City council as a separate document and is available for public view at City Hall upon
request (pg 11)
C. Approve three (3) One-Day Temporary 3.2% Malt Liquor Licenses for the Knights of
Columbus for the 2013 Friendly City Days celebration held in Central Park (pgs 12-14)
D. Approve three (3) One-Day Temporary 3.2% Malt Liquor Licenses for the Albertville
Lions for the 2013 Friendly City Days celebration held in Central Park (pgs 15-17)
7. PUBLIC HEARINGS - None
8. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Arena, Planning, JPWB, etc.)
Agenda Page 1
City of Albertville Council Agenda
Monday, April 15, 2013 Page 2 of 3
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Meeting Date: April 15, 2013
B. Finance
1). First Quarter Budget to Actual Report (pgs 18-19)
2). Account Receivables Report (pgs 20-21)
3). Authorizing and Document Inter-Fund Loans/Advances from the Sewer
Access Fund (pgs 22-23)
(Motion to approve Resolution No. 2013-012 entitled a Resolution Authorizing
and Documenting Inter-Fund Loan to Fund Negative Fund balances)
4). Transfer of Funds (pgs 24-25)
(Motion to Approve Resolution No. 2013-013 entitled a Resolution to Transfer
Funds.)
5). Friendly City Days Challenge to St. Michael (verbal update)
C. City Clerk - None
D. Public Works / Engineering
1). I-94 Right-of-Way Transfer to MnDot (pgs 26-27)
(Motion to Approve Resolution No. 2013-014 accepting the offer of the State of
Minnesota, Department of Transportation, to convey and quitclaim to the State of
Minnesota Real Property Described by Quitclaim Deeds for S.S.8680 (94=392)
901, PARCEL 529, County of Wright, and for C.S. 8680 (94=392) 901, Parcel
435, County of Wright.)
2). Waste Water Treatment Plant Facility Plan (pgs 28-29)
E. Planning/Zoning - None
F. Building - None
G. Legal - None
H. Administration
1). City Administrator’s Update (pgs 30-34)
9. ANNOUNCEMENTS and/or UPCOMING MEETINGS
April 22 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 8:00 p.m.*special time
April 29 Joint Meeting, St. Michael City Offices, 6:00 p.m.
May 4 Spring Clean Up Day, St. Michael PW Bldg, 7 a.m. – 1:00 p.m.
May 6 City Council, 7:00 p.m.
May 13 STMA Ice Arena Board, 6:00 p.m.
May 14 Planning Commission, 7:00 p.m.
May 17 Explore Your Parks Night, 6:00 – 8:00 p.m.
May 20 City Council, 7:00 p.m.
May 27 City Offices Closed, Memorial Day
Agenda Page 2
City of Albertville Council Agenda
Monday, April 15, 2013 Page 3 of 3
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Meeting Date: April 15, 2013
May 28 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 7:30 p.m.
APRIL
MAY
Su M Tu W Th F Sa
Su M Tu W Th F Sa
CC 1 2 3 4 5 6
1 2 3 4
7 Ice 8
PZ
9 10 11 12 13
5 CC 6 7 8 9 10 11
14 CC 15 16 17 18 19 20
12 Ice 13 PZ 14 15 16 17 18
21
JP PK*
22 23 24 25 26 27
19 CC 20 21 22 23 24 25
28 JM 29 30
26 H 27 JP28PK 29 30 31
10. ADJOURNMENT
Agenda Page 3
ALBERTVILLE CITY COUNCIL
Monday, April 1, 2013
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:04 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch and Wagner
Absent: None
Others Present: City Administrator/ PWD Adam Nafstad, Finance Director Tina Lannes, City
Planner Alan Brixius, Public Works Supervisor Tim Guimont, and City Clerk Kimberly Olson
3. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS - None
4. PUBLIC FORUM
Laurie Lenneman, 9483 30th Street, St. Michael, stated they are holding a benefit on May 4 for
Linda Holthaus Johnson at the St. Albert’s Parish Center located at 11400 57th Street NE. They
need approval of their lawful gambling Premises Permit for a raffle. Hendrickson stated she
will add the item to the agenda.
5. APPROVAL OF THE AGENDA
Hendrickson amended the agenda to include Approval of the Northwest Area Jaycees Lawful
Gambling Premises Permits as item A1 under City Council.
Nafstad added discussion of 5975 Main Ave NE as item H2 under Administration. Sorensen
added Local Government Aid as H3 under Administration.
Motioned by Vetsch, seconded by Sorensen, to approve the agenda as amended. Ayes:
Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Agenda Page 4
City Council Meeting Minutes Page 2
Regular Meeting of April 1, 2013
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by City Staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed
on the Consent Agenda following the approval of the remaining Consent items. These items will
be approved by a separate motion.
A. Approve the March 18, 2013 City Council workshop meeting minutes as presented
B. Approve the March 18, 2013 City Council regular meeting minutes as presented
C. Authorize the April 1, 2013 payment of claims as presented, except bills specifically
pulled which are passed by separate motion. The claims listing has been provided to
City Council as a separate document and is available for public view at City Hall upon
request
D. Accept the draft March 11, 2013 STMA Ice Arena Board regular meeting minutes as
presented
E. Approve the annual renewal of liquor licenses listed in the staff report contingent on
full payment of license fees, proof of liquor liability insurance and Wright County
Sheriff’s review for liquor law violations
Motioned by Sorensen, seconded by Hendrickson, to accept the consent agenda as presented.
Ayes: Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None.
MOTION DECLARED CARRIED.
7. PUBLIC HEARINGS - None
8. DEPARTMENT BUSINESS
A. City Council
1). Northwest Area Jaycees Lawful Gambling Premises Permits
Clerk Olson stated that staff had been contacted to approve two lawful gambling
Premises Permits for the Jaycees to hold raffles on April 28 and May 4 for benefit
fundraisers for two local residents. She stated that according to the way the City
Code is currently written only organizations that meet the definition of local under
the City Code are allowed lawful gambling premises permits. After consulting
with the City Attorney, it was determined the Jaycees cannot meet the definition
of local as written in the City Code. Olson stated that the resolutions approving
the raffle permits could be passed by Council as an exception to the current
ordinance and staff could come back at a later time with language changes to the
ordinance to allow this type of one time permits to be granted to outside
organizations. Olson stated the Jaycees receive no funds from the benefit and the
proceeds will go directly to those the benefits are being held for. She stated that a
change in the ordinance language would not affect the requirement that those
operating year-round lawful gambling licenses, such as pull tabs, must be local
organizations in Albertville. Wagner inquired if it is necessary to change the
ordinance and how many of these permits does the City actually get. Nafstad
Agenda Page 5
City Council Meeting Minutes Page 3
Regular Meeting of April 1, 2013
replied they are not required to change the ordinance. Lenneman stated that it has
been getting increasingly difficult to get sponsors and main non-profits cannot
maintain their local chapters, so the City may actually see an increase of these
types of requests in the future. Hendrickson stated she would like to speak with
the City Attorney at the next meeting regarding this issue.
Motioned by Vetsch, seconded by Sorensen, to approve Resolution 2013-010
and Resolution 2013-011 approving lawful gambling premises permits for the
Northwest Area Jaycees. Ayes: Hendrickson, Olson, Sorensen, Vetsch and
Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED.
2). Committee Updates (STMA Arena, Planning, JPWB, etc.)
Joint Powers Water Board
Vetsch reported the Board looked at switching insurance carriers. Hendrickson
stated they are looking into using chlorine instead of manganese to treat the water
and in the long run it may be easier to use and more cost efficient. They also
heard the financial audit results.
Albertville-Otsego Fire Board
Sorensen stated they held the first meeting and the board consisted of two Council
members, City Administrator, and Finance Director of each city as well as the
Fire Chief and Assistant Fire Chief. He invited an Otsego Council member to
come to the monthly business meeting for the Fire Department. Nafstad stated
they were able to let Otsego know the Fire Department’s capabilities and
equipment inventory while at the same time hearing expectations from Otsego.
Vetsch would like to see Otsego have the same standards in fire code as
Albertville.
Sorensen stated Otsego was supportive of the recent changes to fees for fire
inspections and were also impressed with the response time of the Fire
Department.
FYCC
Olson stated they completed an employment contract for part time help. He stated
with additional help, more time can be spent on raising funds. Nafstad stated
FYCC would provide an annual report at the joint meeting at the end of April.
Olson reported the rinks are now closed.
B. Planning/Zoning – None
1). Code Enforcement Policy
Brixius stated as the snow melts more attention will be focused on yards and
storage. Brixius stated that code enforcement is currently done on a complaint
basis.
Brixius stated the proposed enforcement policy outlines how complaints would
be processed when received by staff. When a complaint is received, it is
Agenda Page 6
City Council Meeting Minutes Page 4
Regular Meeting of April 1, 2013
documented by City staff and given to the appropriate staff. Brixius stated that
complainant information is private and cannot be given out. He stated Nafstad
would determine the appropriate staff person and that staff member would then
conduct a site inspection and document the violation with photographs. Staff
would then send a letter outlining the violations and provide a date by which the
homeowner should bring the property into compliance. He stated they will work
with the property owner as much as possible to get the property into compliance.
However, if the violations remain, the City Code allows an administrative fine
be given to the property owner. If there still is no compliance, they may be
eligible for additional fines or referral to the City Attorney. These fines can be
assessed to the property if they remain unpaid. Nafstad stated that the property
owner is generally given 15 days to come into compliance for something
manageable or they may be given 30 days for larger violations.
Brixius stated the proposed enforcement policy stipulates that because of limited
resources the City does not have a comprehensive citywide enforcement
program. The policy would limit complaints to those within 400 feet of the
property in violation, those that can clearly be seen from the public right-of-way,
property that is primarily accessed by driving past the property with the
violation or observation by City staff in the normal course of work duties. Staff
would like to have a formal policy in place that can explain why enforcement is
taking place. Vetsch had some concerns about limiting the complaints to the
immediate neighborhood. Brixius stated that the policy would allow
enforcement for anything seen from a public right-of-way and he will adjust the
language in the policy in regards to the immediate neighborhood.
Brixius reported the proposed process will utilize more City staff and generate
more timely letters rather than relying on consultant services.
Hendrickson was supportive of organizing the process for code enforcement.
C. City Clerk
1). Pubhouse 19 Liquor License Renewal
Clerk Olson reported that during the course of review for the annual liquor license
renewals, it was identified that Pubhouse 19 had outstanding existing Fire Code
violations and the City ordinance does not allow for renewal until those violations
are brought up to code. At this time, the City has not received the renewal
materials or fees. Staff’s recommendation is to approve the liquor license renewal
contingent upon receipt of the materials, appropriate fees, background check and
correcting the outstanding Fire Code violations. Nafstad stated the Fire
Department has been working very hard with the owners for the past several
months.
Sorensen asked what happens if the renewal is not turned in. Clerk Olson replied
the City is responsible for notifying the State Liquor Board the license is no longer
Agenda Page 7
City Council Meeting Minutes Page 5
Regular Meeting of April 1, 2013
in effect as well as notifying the Sheriff’s Office to ensure sale of liquor has
ceased.
Motioned by Wagner, seconded by Hendrickson, to approve the annual liquor
license renewal for TC Generations LLC DBA Pubhouse 19, located at 5651
LaCentre Avenue NE, contingent upon: re-inspection and correction of all
outstanding Fire Code violations, receipt of renewal materials, payment in full
of all license fees, proof of liquor liability insurance and background check by
the Wright County Sheriff’s Office. Ayes: Hendrickson, Olson, Sorensen,
Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED
CARRIED.
2). Albertville Friendly City Days Tournament Challenge to St. Michael
Clerk Olson stated staff would like Council direction on whether to issue a
challenge to St. Michael for a tournament of some type during Friendly City Days.
Lannes stated there have been injuries the last several years and they have
struggled in the past to find enough participants for Albertville’s team. Council
was supportive of continuing the challenge. Sorensen stated he would like to see
more participation from staff.
3). Explore Your Parks Night – May 17th, 2013
Nafstad stated the Parks Committee has begun meeting for Explore Your Parks
Night and has designated six parks for the event. They are currently working on
assigning community groups to each park. He stated they are currently not
planning a Town Hall meeting this year due to limited resources and low turnout.
He asked if Council would be receptive to supplementing the Explore Your Parks
Night with additional activities or groups. Nafstad stated they would like to place
City trucks and equipment at the parks and also get a flyer out in the next utility
bill with more information. Hendrickson stated she is supportive of seeing
additional items or groups at the parks as it receives more attendance than the
previous Town Hall meetings. Guimont stated they are working with local
restaurants to donate food. Council would like to see food at each park and
authorized staff to purchase food if there are not enough donations.
Guimont stated the goal of the evening is to get residents to parks they have not
been to before and to see the activities that are available at those parks.
D. Legal
1). City Attorney Update
Nafstad explained the claim denial the League of MN Cities Insurance Trust
issued on a claim involving a City snow plow and a resident’s car. Council
indicated they were comfortable with the League’s findings.
E. Public Works/Engineering - None
F. Finance – None
Agenda Page 8
City Council Meeting Minutes Page 6
Regular Meeting of April 1, 2013
G. Building – None
H. Administration
1). City Administrator’s Update
Nafstad reported the Soccer Association are still working with their architect on
the 5964 Main Avenue NE building and are waiting for estimates.
Nafstad reported there was confirmation that there is moisture buildup on the
underside of the roof deck. The architect is looking at solutions and a staff will
bring those back to Council.
Nafstad stated he met with Niemeyer Trailers to discuss incentives that can be
used for future development.
Brixius stated he met with Guardian Angels regarding a phased development and
went over site issues and financial incentives for a Phase I project with the
developer. He stated there are several big cost factors for them and there could be
the possibility to use tax increment to pay those down.
Nafstad reported staff has been working on the public building interconnect
options and costs. Sorensen asked if there have been any more outages at the
STMA Ice Arena. Lannes replied there have not been any outages since Public
Works built a heated box to protect the antennae from the elements, but they do
know the antennas are failing.
Hendrickson reported Representative Hornstein will be present at the St. Michael
City Offices on April 5 to discuss promotion of the 1-94 expansion.
2). 5975 Main Avenue NE
Nafstad requested feedback from the Council on possibly entering into a listing
agreement with a realtor to market the property for lease. He stated there have
been inquiries on the property the last several months and he felt the timing is
good to list the property. Sorensen wasn’t opposed to listing it for lease or sale.
Nafstad stated there would need to be some driveway agreements made if sold.
Vetsch stated this is a good property for a new business to begin and eventually
move into a larger space and grow. Council directed Nafstad to move forward
with the listing agreement.
3). Local Government Aid
Sorensen stated he saw an article that Local Government Aid may change and
encouraged staff to keep an eye on the issue. Lannes stated that Albertville has
never received Local Government Aid and there is a very specific formula that
must be met in order to receive it. She stated the criteria generally can’t be met by
the more rural or smaller communities and the State often doesn’t pay Local
Government Aid amounts in full to cities.
Agenda Page 9
City Council Meeting Minutes Page 7
Regular Meeting of April 1, 2013
9. ANNOUNCEMENTS and/or UPCOMING MEETINGS
April 8 STMA Ice Arena Board, 6:00 p.m.
April 9 Planning Commission, 7:00 p.m.
April 15 City Council, 7:00 p.m.
April 22 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 8:00 p.m.
April 29 Joint Meeting with St. Michael & STMA School Board
St. Michael City Offices, 6:00 p.m.
May 6 City Council, 7:00 p.m.
May 13 STMA Ice Arena Board, 6:00 p.m.
May 14 Planning Commission, 7:00 p.m.
May 17 Explore Your Parks Night, 6:00-8:00 p.m.
May 20 City Council, 7:00 p.m.
May 27 City Offices Closed, Memorial Day
May 28 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 7:30 p.m.
Hendrickson stated that she will not be able to attend an Eagle Scout ceremony tomorrow
and inquired if any council members would be interested in attending the event. Vetsch
stated he would attend. Hendrickson suggested a recognition for the Eagle Scouts at an
upcoming meeting.
10. ADJOURN MEETING
Motioned by Sorensen, seconded by Wagner, to adjourn the meeting at 8:47 p.m. Ayes:
Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None.
MOTION DECLARED CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
Agenda Page 10
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\041513\04 15 2013 Finance Bills Report (RCA).docx
Meeting Date: April 15, 2013
April 10, 2013
SUBJECT: CONSENT (Finance) – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the MONDAY, April 15, 2013 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.
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator
Attachment: List of Claims (under separate cover)
Agenda Page 11
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\041513\04 15 2013 Knights of Columbus Temp 3.2 Liquor License.doc
Meeting Date April 15, 2013
April 11, 2013
SUBJECT: CONSENT AGENDA –CITY CLERK – KNIGHTS OF COLUMBUS TEMPORARY 3.2%
MALT LIQUOR LICENSE
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Approve three (3) One-Day Temporary 3.2% Malt Liquor Licenses for the
Knights of Columbus for the 2013 Friendly City Days celebration held in Central Park.
BACKGROUND: This is the first application submitted by the Knights of Columbus this year.
These liquor licenses are for the annual City celebration that allows the Knights of Columbus to
be in Central Park past the normal park hours of 10:00 p.m. and would allow 3.2% malt
beverages to be sold, served, and consumed after 10:00 p.m. The specified dates and times of
operation are: Friday, June 7, 2013 running from 4:00 p.m. to 1:00 a.m.; Saturday, June 8, 2013
running from 10:00 a.m. to 1:00 a.m. and Sunday, June 9, 2013 running from 10:00 a.m. to
approximately 6:00 p.m.
KEY ISSUES:
• The Knights of Columbus have submitted the correct application and fees for the
temporary sale of 3.2% malt liquor.
• The Knights of Columbus hold the appropriate liquor liability coverage.
• Central Park closes at 10:00 p.m. every day with the exception of the annual City
celebration Friendly City Days.
FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the
applicant for liquor licensing.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and
approve or deny any liquor license.
Department/Responsible Person: Kimberly Olson, City Clerk
Submitted through: Adam Nafstad, City Administrator
Attachments: Liquor License Application
Agenda Page 12
Agenda Page 13
Agenda Page 14
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\041513\04 15 2013 Albertville Lions Temp 3.2 Liquor License AFCD.doc
Meeting Date April 15, 2013
April 11, 2013
SUBJECT: CONSENT AGENDA –CITY CLERK – ALBERTVILLE LIONS TEMPORARY 3.2%
MALT LIQUOR LICENSE
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Approve three (3) One-Day Temporary 3.2% Malt Liquor Licenses for the
Albertville Lions for the 2013 Friendly City Days celebration held in Central Park.
BACKGROUND: This is the second application(s) submitted by the Albertville Lions this
year. These liquor licenses are for the annual City celebration that allows the Albertville Lions
to be in Central Park past the normal park hours of 10:00 p.m. and would allow 3.2% malt
beverages to be sold, served, and consumed after 10:00 p.m. The specified dates and times of
operation are: Friday, June 7, 2013 running from 4:00 p.m. to 1:00 a.m.; Saturday, June 8, 2013
running from 10:00 a.m. to 1:00 a.m. and Sunday, June 9, 2013 running from 10:00 a.m. to
approximately 6:00 p.m.
KEY ISSUES:
• The Albertville Lions have submitted the correct application and fees for the temporary
sale of 3.2% malt liquor.
• The Albertville Lions hold the appropriate liquor liability coverage.
• Central Park closes at 10:00 p.m. every day with the exception of the annual City
celebration Friendly City Days.
FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the
applicant for temporary liquor licensing.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and
approve or deny any liquor license.
Department/Responsible Person: Kimberly Olson, City Clerk
Submitted through: Adam Nafstad, City Administrator
Attachments: Liquor License Application
Agenda Page 15
Agenda Page 16
Agenda Page 17
Mayor and Council Communication
M:\Public Data\City Council\Council Packet information\2013\041513\04 15 2013 1st Quarter Budget to Actual
RCA.doc
Meeting Date: April 15, 2013
April 10, 2013
SUBJECT: FINANCE - 1ST QUARTER REPORT
INTRODUCTION: This pace is reserved on the Council agenda for Mayor and Council review
and discussion regarding monthly Finance reports.
1ST QUARTER BUDGET TO ACTUAL:
Below are the first (1st) Quarter 2013 un-audited General Fund Summary of Revenues and
Expenditures. Revenues should be at 6% and expenditures should be at 25%. Revenues are at
4.1% and Expenses are at 16.4%.
2013 Council Update
GENERAL FUND
General Fund Revenue: 2013 2013 Actual % of
Budget 3/31/2013 Budget
31010 Current Ad Valorem Taxes 2,423,781 6,497 0.3%
34113 Franchise Fee - Cable 65,000 17,399 26.8%
32100 Business Licenses & Permits 20,000 11,920 59.6%
32110 Liquor Licenses 29,150 22,330 76.6%
32120 3.2 Liquor Licenses 150 100 66.7%
32150 Sign Permits 1,500 370 24.7%
32210 Building Permits 35,000 12,623 36.1%
32240 Animal Licenses 250 260 104.0%
33405 Police Aid 28,000 - 0.0%
33406 Fire Aid 30,000 - 0.0%
33422 Other State Aid Grants 8,200 4,095 49.9%
34000 Charges for Services 2,000 103 5.2%
34101 Lease Payments - City Property - -
34001 Administration Fees 125,894 300 0.2%
34103 Zoning & Subdivision 1,500 300 20.0%
Plan Check fee 15,000 5,946 39.6%
34105 Sale of Maps 50 - 0.0%
34107 Title Searches 546 300 54.9%
34302 Fire Protection Contract Charges 154,417 29,146 18.9%
34780 Park/City Hall Rental Fees 5,000 2,807 56.1%
34950 Other Revenues 6,000 9,885 164.7%
35000 Fines & Forfeits - - 0.0%
36210 Interest Earnings 25,000 - 0.0%
Engineer/As builts 750 - 0.0%
34110 Arena Administration 11,388 2,838 24.9%
Transfer I-94 Engineer 50,000 - 0.0%
Capital 102 to SAC 50,000 - 0.0%
Total Revenues $ 3,088,576 $ 127,217 4.1%
Agenda Page 18
Mayor and Council Communication – April 15, 2013
FINANCE – 1ST Quarter Report
Page 2 of 2
M:\Public Data\City Council\Council Packet information\2013\041513\04 15 2013 1st Quarter Budget to Actual
RCA.doc
Meeting Date: April 15, 2013
General Fund Expenditures 2013 2013 Actual % of
Budget 3/31/2013 Budget
41100 Council 41,855 14,861 35.5%
41300 Combined Admin/Engineer/PWD 124,909 22,975 18.4%
41400 City Clerk 121,258 28,137 23.2%
41410 Elections 9,000 107 1.2%
41500 Financial Administration 169,155 47,366 28.0%
41550 City Assessor 28,500 - 0.0%
41600 City Attorney 35,000 9,750 27.9%
41700 City Engineer 20,200 - 0.0%
41800 Economic Development 18,000 - 0.0%
41910 Planning & Zoning 31,507 13,310 42.2%
41940 City Hall 120,855 58,895 48.7%
42000 Fire Department 325,307 18,341 5.6%
42110 Police 530,000 132,495 25.0%
42400 Building Inspection 155,365 30,954 19.9%
42700 Animal Control 4,000 433 10.8%
43100 Public Works - Streets 449,995 53,854 12.0%
41750 Add'l consult Admin.Engineer 60,000 4,492 7.5%
45000 Culture & Recreation 55,843 6,484 11.6%
45100 Parks & Recreation 191,866 43,906 22.9%
Capital Reserves 570,811 10,560 1.8%
41000 Library 25,150 8,947 35.6%
Total Expenditures $ 3,088,576 $ 505,867 16.4%
VARIANCES:
Revenue:
o Tax settlements are received twice a year (July and December)
Expenses:
o City Hall – at almost 50% due to we already paid our insurance for the year to L.M.C.I.T
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator
Agenda Page 19
Mayor and Council Communication
M:\Public Data\City Council\Council Packet information\2013\041513\AR Monthly Report RCA.doc
Meeting Date: April 15, 2013
April 10, 2013
SUBJECT: FINANCE - ACCOUNTS RECEIVABLE REPORT
INTRODUCTION: This space on the agenda is reserved for the City Council to consider the
Finance Department Accounts Receivable Report.
ACCOUNTS RECEIVABLE:
Total accounts receivable outstanding through March 31, 2013 is $45,859.19
The percentage of the total due based on the aging report is as follows:
0-30 days outstanding $41,682.03 90.89%
30-60 days outstanding $ 50.00 .11%
60-90 days outstanding $ 1,802.50 3.93%
Over 90 days outstanding $ 2,374.66 5.18%
PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review monthly
financial reports.
FINANCIAL CONSIDERATIONS: There are no financial considerations at this time.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all financial matters.
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Originated by: Tina Lannes, Finance Director
Attachment(s): Accounts Receivable Report
Agenda Page 20
Mayor and Council Communication – April 15, 2013
FINANCE – Accounts Receivable Report Page 2 of 2
M:\Public Data\City Council\Council Packet information\2013\041513\AR Monthly Report RCA.doc
Meeting Date: April 15, 2013
Vendor Amount Due 0-30 Days 30-60 days
60-90
days
90 days &
Over
ALBERTVILLE BODY SHOP $720.00 $720.00
ALBERTVILLE PLAZA $269.71 $269.71
CASPRAY-SHEPHERD, TANYA $100.00 $100.00
CITY OF ST. MICHAEL $623.98 $623.98
CULVERS $50.92 $50.92
DONAHUE, KELLEY $100.00 $100.00
FEDERAL HOME LOAN $100.00 $100.00
FOX HEAD, INC $881.89 $881.89
FRIELER, DEAN $100.00 $100.00
HOUSING UBAN DEVELOPMENT $100.00 $100.00
JASPER, JON $150.00 $150.00
KELM, STACEY $100.00 $100.00
L & B INVESTMENTS $40.00 $40.00
LAWRENCE, MARK $100.00 $100.00
MUSGROVE, DANA $460.00 $460.00
NORTHWEST BIBLE CHURCH $862.50 $862.50
CITY OF OTSEGO $39,135.53 $39,135.53
SCHULTE, CODY $50.00 $50.00
TAEGE, JANET $115.05 $115.05
TOWN LAKES $1,227.73 $1,227.73
WARNER, ROBERT $50.00 $50.00 $50.00
WELLS FARGO - SC $100.00 $100.00
WELL FARGO FINANCIAL MN $100.00 $100.00
WESTMAN, JEFFERY $106.88 $106.88
WIGNES, CRAIG $215.00 $215.00
Total $45,859.19 $41,682.03 $50.00 $1,802.50 $2,374.66
Current 0-30 days $41,682.03 90.89%
30-60 days $50.00 0.11%
60-90 days $1,802.50 3.93%
over 90 day $2,374.66 5.18%
Agenda Page 21
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\041513\04 15 2013 Finance Inter Fund Loan RCA
(tl).doc
Meeting Date: April 15, 2013
April 10, 2013
SUBJECT: FINANCE – RESOLUTION AUTHORIZING AND DOCUMENTING INTER-FUND
LOANS/ADVANCES FROM THE SEWER ACCESS FUND
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve Resolution No. 2013-012 entitled a Resolution Authorizing and
Documenting Inter-Fund Loan to Fund Negative Fund balances.
• Inter-Fund Loan from Sewer Access Fund (204) to 2003A GO Imp Bond Fund (357) in
the amount of $1,268,295 to fund the negative balance in the debt service fund; and,
• Inter-Fund Loan from Sewer Access Fund (204) to City Hall Revenue Bond Fund (359)
in the amount of $10,935 to fund the negative balance in the debt service fund; and,
• Inter-Fund Loan from Sewer Access Fund (204) to Prairie Run Capital Project Fund
(473) in the amount of $746,029 to fund the negative balance in the capital project fund.
BACKGROUND: Throughout the year, the City Council approves projects with plans to issue
bonds or some other type of financing at a later time. Inter-fund loans provide interim financing
until the other financing is completed. In some cases inter-fund loans are the primary source to
finance projects that have a very short financing term. An example of this is carrying
assessments for a project for a few years where it is not cost effective to issue new debt. At least
annually, City Staff and auditors review and recommend inter-fund loans/advances to fund
running negative balances so as to remain in compliance with Generally Accepted Accounting
Principles (GAAP).
POLICY CONSIDERATIONS: It is the Mayor and Council’s policy to review and approve all
inter-fund loans/advances.
FINANCIAL CONSIDERATIONS: At least annually, the City of Albertville must fund all
negative running balances for Capital Projects, Debt Service or other miscellaneous funds in
accordance with General Accounting Principals (GAAP). The inter-fund loan or advance is a
loan from Sewer Access Charge Fund (SAC) to the respective negative balance funds at an
interest rate of equal to the rate of investment earned by the City’s investments. Included in the
loan is a financial commitment detailing the source of funds to repay the loan. These inter-fund
loans are an inexpensive way to fund some City activities instead of issuing bonds.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all financial matters.
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator
Agenda Page 22
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-012
A RESOLUTION AUTHORIZING AND DOCUMENTING
INTER-FUND LOAN TO FUND NEGATIVE FUND BALANCES
WHEREAS, the Albertville City Council has reviewed its annual audit; and
WHEREAS, an interfund loan is hereby established in the amount of $2,025,259
with funds to be allocated into the following:
Fund 357 2003A GO Imp Bond $1,268,295
Fund 359 C.H. Revenue Bond $10,935
Fund 473 Prairie Run $746,029
NOW THEREFORE, BE IT RESOLVED by the Albertville City Council to
approve an inter-fund loan from Fund 204 of $2,025,259 effective December 31, 2012 at
an interest rate of 0%.
Adopted by the Albertville City Council this 15nd day of April 2013
Jillian Hendrickson, Mayor
Kimberly Olson, City Clerk
Agenda Page 23
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\041513\04 15 2013 Finance Transfers RCA (tl).doc
Meeting Date: April 15, 2013
April 10, 2013
SUBJECT: FINANCE – RESOLUTION TRANSFERRING FUNDS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following resolution:
MOTION TO: Approve Resolution No. 2013-013 entitled a Resolution to Transfer Funds.
Transfer $92,120 from the Sewer Access Fund No. 204 to Fund No. 601 Sewer Fund for
annual bond payment
Transfer $23.00 from Closed Capital Projects Fund No. 400 to Fund No. 413 TIF 13 Fraiser
Steel to close fund
Transfer $1,690.40 from Closed Capital Projects Fund No. 400 to Fund No. 498 Flood
Mitigation Project to close fund
Transfer $50,000 from I-94 Capital Project Fund No. 468 to Fund No. 101 for Engineering
services 2012.
Transfer $50,000 from General Fund No. 101 to Fund 204 Sewer Access Fund for loan
repayment
Transfer $61,913.75 from Investments Fund No. 700 to Fund 359 City Hall Revenue Bond to
establish required escrow
Transfer $107,033 from Water Access Fund No. 206 to Fund 602 Water Fund for annual bond
payment
Transfer $5,240 from Sewer Access Fund No. 204 to Fund 601 Sewer Fund for annual bond
payment
Transfer $525,014.56 from the General Fund No. 101 to Fund No. 102 Capital Outlay Fund
BACKGROUND: City staff and auditors annually review and recommend transfer of funds for
designated purposes, bond payments, to close funds or to fund a negative balance.
POLICY CONSIDERATIONS: It is the Mayor and Council’s policy to review and approve all
fund transfers.
FINANCIAL CONSIDERATIONS: Plan funding options on continuing and new projects.
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator
Agenda Page 24
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-013
A RESOLUTION TO TRANSFER FUNDS
WHEREAS, the Albertville City Council has reviewed its annual audit; and
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the following
actions are implemented:
Transfer $92,120 from the Sewer Access Fund No. 204 to Fund No. 601 Sewer Fund for annual
bond payment, and;
Transfer $23.00 from Closed Capital Projects Fund No. 400 to Fund No. 413 TIF 13 Fraiser
Steel to close fund, and;
Transfer $1,690.40 from Closed Capital Projects Fund No. 400 to Fund No. 498 Flood
Mitigation Project to close fund, and;
Transfer $50,000 from I-94 Capital Project Fund No. 468 to Fund No. 101 for Engineering
services 2012, and;
Transfer $50,000 from General Fund No. 101 to Fund 204 Sewer Access Fund for loan
repayment, and;
Transfer $61,913.75 from Investments Fund No. 700 to Fund 359 City Hall Revenue Bond to
establish required escrow, and;
Transfer $107,033 from Water Access Fund No. 206 to Fund 602 Water Fund for annual bond
payment, and;
Transfer $5,240 from Sewer Access Fund No. 204 to Fund 601 Sewer Fund for annual bond
payment, and;
Transfer $525,014.56 from the General Fund No. 101 to Fund No. 102 Capital Outlay Fund.
Adopted by the Albertville City Council this 15th day of April 2013.
Jillian Hendrickson, Mayor Kimberly A. Olson, City Clerk
Agenda Page 25
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\041513\04 15 2013 MnDot Right of Way Transfer.doc
Meeting Date: April 15, 2013
April 10, 2013
SUBJECT: ENGINEERING –I-94 RIGHT-OF-WAY TRANSFER TO MNDOT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
MOTION TO: Approve Resolution No. 2013-014 accepting the offer of the State of Minnesota,
Department of Transportation, to convey and quitclaim to the State of Minnesota Real Property
Described by Quitclaim Deeds for S.S.8680 (94=392) 901, PARCEL 529, County of Wright, and
for C.S. 8680 (94=392) 901, Parcel 435, County of Wright.
BACKGROUND: For the purpose of constructing the W.B. I-94 C-D Road improvements, the
City acquired three parcels for right-of-way use. The three parcels are commonly referred to as
the Knechtl (1.1 acres), Marketplace (0.11 acres), and AT&T (0.11 acres) parcels. Per
Cooperative Construction Agreement No. 99563 between the City and MnDOT, Albertville is
required to convey the right-of-way necessary to construct and maintain the W.B. I-94 C-D
improvements.
KEY ISSUES:
• The parcels have been purchased solely for the purpose of highway easement.
• This conveyance is consistent with the terms of the agreement between the City and
MnDOT.
• MnDOT has prepared the necessary Offers to Sell and Quitclaim Deeds (2 each) for
completing the transactions.
• Upon Council approval, the Mayor and staff will execute the documents.
• The resolution has been requested by MnDOT as Council acknowledgment and approval
of conveyance.
POLICY CONSIDERATIONS: Only the Mayor and City Council have the authority to
convey and quitclaim City property to another party.
FINANCIAL CONSIDERATIONS: There are no new financial impacts associated with the
execution of this agreement.
LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to approve or
reject Offers to Sell and convey City property.
Department/Responsible Person: Engineering/Adam Nafstad
Submitted Through: Adam Nafstad, City Administrator
Attachments: Resolution 2013-014
Agenda Page 26
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-014
A RESOLUTION ACCEPTING THE OFFER OF THE STATE OF MINNESOTA,
DEPARTMENT OF TRANSPORTATION, TO CONVEY AND QUITCLAIM TO THE
STATE OF MINNESOTA REAL PROPERTY DESCRIBED BY QUITCLAIM DEEDS
FOR C.S. 8680 (94=392) 901, PARCEL 529, COUNTY OF WRIGHT AND FOR C.S. 8680
(94=392) 901, PARCEL 435, COUNTY OF WRIGHT
WHEREAS, the City of Albertville acquired land for the purpose of constructing
improvements to Interstate 94 and in conjunction with the West Bound I-94 C-D Road project;
and
WHEREAS, the property conveyance is required and consistent with the terms of
Cooperative Construction Agreement No. 99563.
NOW, THEREFORE, BE IT RESOLVED:
1. The City of Albertville, for valuable consideration, accepts the offer of the State
Of Minnesota, Department of Transportation, to convey and quitclaim to the State
of Minnesota real property described by Quitclaim Deeds for C.S. 8680 (94=392)
901, Parcel 529, County of Wright and for C.S. 8680 (94=392) 901, Parcel 435,
Wright County.
2. The Mayor and City Clerk are hereby directed to execute necessary transaction
documents, as provided by the Minnesota Department of Transportation.
Adopted by the City Council of the City of Albertville this 15th day of April 2013.
___________________________
Jillian Hendrickson, Mayor
___________________________
Kimberly A. Olson, City Clerk
Agenda Page 27
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2013\041513\04 15 2013 WWTP Facility Plan Proposal RCA.doc.
Meeting Date: April 15, 2013
April 11, 2013
SUBJECT: PUBLIC WORKS – WWTP FACILITY PLAN
RECOMMENDATION: This space on the agenda is reserved for the City Council to consider
authorizing the preparation of a Facility Plan for the City’s Wastewater Treatment Facility.
MOTION TO: Authorize Bolton & Menk, Inc. to prepare a Facility Plan to address reduced
phosphorus limits, as proposed by the MPCA, at an hourly not to exceed fee of $28,900.
INTRODUCTION: Prior to reissuance of the National Pollutant Discharge Elimination System
(NPDES) / State Disposal System (SDS) permit for the City’s WWTP facility in 2021,
Albertville will be required by the MPCA to reduce phosphorus discharge from the current limit
of 1.0 mg/L to 0.06 mg/L.
The previously discussed implementation timeframe of the improvements is as follows:
2013/2014 Complete Facility Plan with alternative analysis
2015/2016 Continue to pursue funding for recommended improvements or modifications
2017/2018 Prepare plans and specifications
2018/2021 Construction of improvements and start up of plant
To prepare and better understand the costs and challenges associated with the facility
improvements required, it is recommended that a revised Facility Plan be prepared for the
WWTP.
The scope of the Facility Plan will generally consist of the following tasks:
1. Investigate effluent requirements for alternative discharge locations
2. Investigate existing infrastructure for ability to treat to new requirements
3. Determine improvements necessary to meet effluent requirements
4. Evaluate options and work with MPCA to develop a recommended treatment solution
5. Estimate capital improvement costs as well as operation and maintenance costs
6. Review and estimate potential rate impacts to system users
7. Assist in funding options including Public Facility Authority, Clear Water Legacy Funds,
TMDL/phosphorus programs and potential State funding.
Bolton and Menk, Inc. anticipates completing the Facility Plan in conjunction with the Public
Facilities Authority by the deadline in March 2014. The fee associated with the above scope is
proposed to be hourly not to exceed in the amount of $28,900.
Agenda Page 28
Mayor and Council Request for Action – April 15, 2013
PUBLIC WORKS - WWTP Facility Plan Page 2 of 2
M:\Public Data\City Council\Council Packet information\2013\041513\04 15 2013 WWTP Facility Plan Proposal RCA.doc
Meeting Date: April 15, 2013
FINANCIAL CONSIDERATIONS: The cost associated with the Facility Plan is a budgeted
expenditure and will be funded through Capital Reserves and the 2013 Capital Budget for sewer
specifically demonstrated for this purchase.
LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to authorize the
preparation of plans for all municipal improvements.
Department/Responsible Person: Public Works/Adam Nafstad & John Middendorf
Submitted Through: Adam Nafstad, City Administrator
(BMI proposal on file)
Agenda Page 29
City Administrator’s Update
April 11, 2013
GENERAL ADMINISTRATION
5964 Main Avenue Lease: Staff is learning of the improvements and associated costs required
for occupancy of the existing buildings. Conceptual lease arrangements have been discussed
and the Soccer Association Board will be meeting to determine whether or not they desire to
pursue leasing the building. It is anticipated that a lease agreement will be presented to
Council at the first meeting in May for review and consideration.
5975 Main Avenue Lease: Staff met with Wayne Elam and Sheila Zachman of Commercial
Realty Solutions to market and list the former City Hall for lease. Attached is a draft listing
agreement for Council consideration. The City Attorney has reviewed the agreement and has
some suggested revisions that will be incorporated into the agreement.
NW Commercial Park: Staff continues discussions with the Darkenwald group concerning the
City-owned property and potential development of the Darkenwald property. Conceptual plans
are expected soon.
I-94 Coalition: The I-94 Coalition continues to be very active. On Friday, April 5th, local officials
and business leaders met with the Transportation Finance Committee Chairman, Frank
Hornstein, as well as Representative FitzSimmons, Representative O’Neill, and Senator
Kiffmeyer. On Monday April 15th, Coalition representatives will be testifying to the Senate
Transportation Committee as to the need of the I-94 improvements.
Ongoing Projects/Tasks:
• Televising Options – The City Attorney is trying to connect with Charter to discuss the
contract
• Public Building Interconnect
• Arena 2nd Sheet Feasibility
ENGINEERING/PUBLIC WORKS
2013 Street Projects: Plans and specifications, as well as cost estimates, will be presented to
Council at the first meeting in May.
WWTP: Staff is reviewing several proposals and quotes for various operations and permitting
needs. The proposals include mercury minimization, biosolids management, facility plan, and
SCADA system upgrades.
Agenda Page 30
City Administrator’s Update Page 2 of 2 April 11, 2013
70th Street Seal Coat: The segment of 70th Street shared by Albertville and Otsego between
CSAH 19 and MacIver is scheduled for a sealcoat this summer. It is proposed that this work be
included with Otsego’s 2013 projects. The estimated cost of Albertville’s share is $10,000,
which includes construction and overhead.
2013 MnDOT I-94 Project: Commencing after Memorial Day, MnDOT will be begin their
rehabilitation project of I-94 between Monticello and the Crow River. The project will include
concrete pavement repairs and bituminous shouldering. In Albertville, both directions of the
freeway, including the ramps at CSAH 19, will receive concrete repairs. The shoulders and
bituminous ramps at CSAH 37 will be milled and overlayed. Work is expected to be ongoing
through mid-August. The work will be performed during non-peak hours, and no work will be
allowed on Friday evenings. Traffic delays are expected.
UPCOMING EVENTS and ANNOUNCEMENTS
• CONGRATULATIONS: To Gerald Gerads of our Public Works Department on completing
and passing the Class B licensure exam. This license requires six (6) years of experience
and passing of the MPCA written examination. This is a great accomplishment and a
milestone for many operators.
• April 17, 2013 – Sheriff Hagerty is hosting an open house for City officials and staff at
7:00 PM at the Law Enforcement Center.
• April 18, 2013 – The Crow River Senior Center has extended an invitation to all Council
Members for a noon “Celebrate Our Cities” luncheon at the St. Michael Government
Center.
• April 29, 2013 (6:00 PM at St. Michael City Hall)- Joint Cities and School District Meeting
Attachments:
• 5975 Main Avenue Listing Agreement (draft)
Agenda Page 31
Listing Agreement for Lease
1. April 9, 2013
2. Page One
3. In consideration of the Agreement of Commercial Realty Solutions, LLC. (hereinafter referred to as “Broker”)
4. to undertake to lease the property hereinafter described, City of Albertville (hereinafter referred
5. to as “LESSOR”) grants to BROKER the exclusive right to lease or contract to lease the property at 5975 Main
Ave NE, Albertville, MN 55301 and legally described as PID #101140001010 (approximately 2,300 sf
6. commercial space) (hereinafter referred to as the “PROPERTY”) for the period from the date hereof through and
7. including April 30, 2014. This agreement shall automatically extend beyond the stated date and is cancellable
8. with a 10 day written notice from the LESSOR. The lease rate for the stated property shall be $2,500.00 per
month plus utilities or any other such rate, terms or conditions that LESSOR may consent.
9. LESSOR understands that BROKER may list other properties during the term of this Agreement which may
10. Compete with LESSOR’S property for potential lessees.
11. LESSOR’S OBLIGATIONS
12. LESSOR shall promptly furnish BROKER with complete information concerning any person who during the
13. Period of this Agreement makes inquiry of LESSOR regarding the lease or purchase of the PROPERTY.
14. LESSOR shall promptly notify BROKER of any notices pertaining to the PROPERTY which are hereafter
15. Received during the term of this Agreement.
16. LESSOR shall permit BROKER to erect a “For Lease” sign on the Property and to remove all other “For Lease”
17. Signs from the PROPERTY during the period of this Agreement. BROKER shall install two “For Lease” signs,
to include a 5’ x 10’ roadside sign and painted window glass sign.
20. LESSOR is responsible for providing a vanilla shell space, including restrooms, for the tenant.
21. BROKER’S OBLIGATIONS
22. BROKER shall promptly furnish LESSOR with information concerning any person/company/business
23. who during the period of this agreement makes inquiry of BROKER regarding the lease. BROKER also agrees
24. to furnish LESSOR with company/business prospects initiated/contacted by BROKER. This information shall be
25. communicated every two weeks beginning with the commencement of this agreement.
26. BROKER’S marketing shall include membership websites or comparable such as the following websites:
27. MNCAR, Loopnet, CoStar, Wright County Economic Development Partnership (WCEDP) and our website,
28. Commercial Realty Solutions.
Agenda Page 32
29. 5975 Main Ave NE, Albertville, MN
30. Page Two
31. COMPENSATION
32. LESSOR shall pay BROKER a leasing commission of one month’s gross lease amount, for short term leases of
33. one year or less, or 6% of the total Base Lease amount whichever is greater. Lease commissions are to be
34. paid at the time of Lease execution.
35. Broker commissions shall be due and payable in any of the following Conditions:
36. 1. The lease or contract for lease of the PROPERTY during the period of this Agreement by BROKER or any
37. other person, including, but not limited to LESSOR, or any other agent or broker not a party to this
38. Agreement, in accordance with the terms as set forth herein or as otherwise consented to by LESSOR.
39. 2. If a lease entered into by LESSOR with a LESSEE procured by BROKER grants to the LESSEE an option
40. to purchase the LESSOR’S interest in the PROPERTY, and said option is exercised within six months of
41. lease commencement, or if BROKER is involved with the sales transaction, LESSOR agrees to pay
42. BROKER, at the time of closing of the purchase, an additional fee equal to 6% of the purchase price less
43. the unearned portion of the fee paid under the terms of this Agreement.
44. 3. If within 90 days after the end of this Agreement, LESSOR leases or agrees to lease the PROPERTY to
45. anyone who has made an affirmative showing of interest in the PROPERTY by responding to an
46. advertisement or by contacting the BROKER or agent involved or has been physically shown the Property
47. by the BROKER or agent. It is understood that BROKER shall not seek to enforce collection of
48. compensation under this subparagraph three (3) unless the name of the prospect is on a written list given to
49. LESSOR within seventy-two (72) hours after expiration of this Listing Agreement.
50. As security for BROKER’s compensation, LESSOR hereby grants to BROKER a security interest in the lease
51. payments from the lease of the Property or proceeds from a sale and any title company or other closer who
52. conducts the closing on the sale or lease of the Property is directed to disburse the BROKER’s compensation to
53. the BROKER at the time of closing.
54. LESSOR’S REPRESENTATION
55. LESSOR has full legal right to lease or sell the Property.
56. LESSOR certifies that as of the date of execution of this Agreement, LESSOR has not received any notice of
57. Building, health or fire code violations, nor notice of hazardous waste on the Property, nor notice of
58. Condemnation pertaining to the Property except as herein noted (if none, state “none”):___________________
59. _____________None_______________________________________________________________________.
Agenda Page 33
60. 5975 Main Ave NE, Albertville, MN
61. Page Three
62.
63. COOPERATING BROKERS
64. LESSOR permits BROKER to share part of BROKER’s compensation with other real estate brokers, including
65. Brokers only representing the lessees.
66. CLOSING SERVICES
67. After a lease for the PROPERTY is signed, arrangements must be made to close the transaction. LESSOR
68. understands the LESSOR may arrange for a qualified closing agent or attorney to conduct the closing, or
69. LESSOR may ask BROKER to arrange for the closing. LESSOR understands the LESSOR may be required
70. to pay certain closing costs. LESSOR has indicated his/her choice for closing services. (initial one).
71. ___________ LESSOR wishes to have BROKER arrange for closing services.
72. ___________ LESSOR shall arrange for closing services.
73. MISCELLANEOUS
74. 1. This Agreement is binding upon the heirs, successors and assigns of the parties.
75. 2. All of the representations and covenants of this Agreement shall survive and be enforceable after
76. termination of this Agreement.
77. 3. In the event of any litigation instituted by LESSOR or BROKER to enforce the provisions of this
78. agreement, the prevailing party shall recover reasonable attorney’s fees, costs and expenses from the
79. other party
80. 4. This Agreement constitutes the complete Agreement between the parties and supersedes any prior oral or
81. written agreements between the parties relative to the provisions herein.
82.
83. No amendment, modification or extension of this Agreement shall be valid or binding unless made in writing and
84. signed by both LESSOR and BROKER.
85. 5. This contract shall be governed by the laws of the State of Minnesota.
86. City of Albertville______________________ Commercial Realty Solutions, LLC._____
(LESSOR)
87. By: __________________________________ By: ___________________________________
88. ______________________________________ April 9, 2013________________________
(Date) (Date)
Agenda Page 34