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2023-11-20 City Council Agenda Packet City of Albertville Council Agenda Monday, November 20, 2023 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 A. Proclaim November 20 to 26, 2023, as Shop Small STMA Week 3-4 (Motion to adopt Resolution No. 2023-41 proclaiming November 20 to 26, 2023, as Shop Small STMA Week.) 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the November 6, 2023, regular City Council Meeting minutes as presented. 5-9 B. Authorize the Monday, November 20, 2023, 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. 10 C. Approve a THC License application for Albertville Tobacco and Vapor at 11008 61st Street NE, Suite 1005 through December 31, 2023. 11 D. Approve a Consumption and Display Permit for the Church of St. Albert’s for the Parish Center located at 11400 57th Street NE contingent upon receipt of the certificate of liability insurance and further subject to receipt of licensing approval from the State of MN. 12 E. Approve Payment #1 to Design Electric Inc for the Albertville CSAH 19/37 Signal Project in the amount of $168,088.25. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) B. Building – None City of Albertville City Council Agenda Monday, November 20, 2023 Page 2 of 2 13-17 18-19 20-23 24-33 C.City Clerk – None D.Finance 1.Approve 2023 Certification of Uncollected Utility Bills and Invoices (Motion to adopt Resolution No. 2023-42 certifying the 2023 Uncollected Utility Bills and invoice to Wright County for Collection with Real Estate Taxes.) 2.2024 Enterprise Budgets and Rate Information Discussion E.Fire 1.Fire Department Update - Verbal F.Planning and Zoning – None G.Public Works/Engineering – None H.Legal 1.Special Assessment of Cleanup costs to Maeyaert Property (Motion to adopt Resolution No. 2023-43 calling for hearing on proposed assessment related to nuisance and zoning violations on property located at 10479 61st Street NE in Albertville, MN.) 2.Maintenance of Private Road Serving Albertville Plaza (Motion to approve Maintenance Agreement for Lots in Albertville Plaza Additions.) I.Administration 1.City Administrator’s Update 34 10.Announcements and/or Upcoming Meetings November 23 City Offices Closed in observance of Thanksgiving November 27 Joint Power Water Board, 6 pm Parks Committee, 7 pm December 4 Truth-in-Taxation Hearing, 6:15 pm December 4 City Council, 7 pm December 11 STMA Arena Board, 6 pm December 11 Special City Council, 7 pm December 12 Planning Commission, 7 pm December 18 City Council – Meeting Cancelled 11.Adjournment Mayor and Council Request for Action November 20, 2023 SUBJECT: RECOGNITIONS – PROCLAIM NOVEMBER 20 TO 26, 2023, AS SHOP SMALL STMA WEEK RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2023-41 proclaiming November 20 to 26, 2023, as Shop Small STMA Week. BACKGROUND: In January 2010, Carmen Robeck of JR’s Pizza in St. Michael, invited businesses to get together and collaborate on marketing. Within a few months, “Shop St. Michael” was officially born and a mission statement was adopted to “promote the value, convenience and personalized service of shopping local”. The organization continued to grow and in 2015 it was expanded to include Albertville businesses, becoming “Shop STMA”. Shop STMA now has over 80 members and not only promotes shopping local but also gives back to the communities. Shop STMA has requested a resolution proclaiming November 20 to 26 as Shop Small STMA week in the City of Albertville and representative will be in attendance to accept the resolution. KEY ISSUES: • November 20 to 26, 2023, is Shop Small STMA week in the cities of Albertville and St. Michael. • A representative from Shop STMA President will be in attendance to accept the resolution. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to consider and approve resolutions on behalf of the City. FINANCIAL CONSIDERATIONS: There are no financial implications for this request. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2023-41 Agenda Page 3 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-41 RESOLUTION PROCLAIMING NOVEMBER 20 TO 26, 2023, AS SHOP SMALL STMA WEEK WHEREAS, Shop STMA is a non-profit organization of more than 80 Albertville and St. Michael businesses; and WHEREAS, Shop STMA exists to promote the value, convenience, and personalized service of shopping local; and WHEREAS, Our business community forms the economic structure of our City and is vital to our quality of life and community pride; and WHEREAS, Discover STMA and Shop STMA Week will help promote and support local businesses. NOW, THERFORE, be it resolved the Albertville City Council proclaims the week of November 20 to 26, 2023, to be Shop Small STMA Week and encourages all residents to support local businesses. Adopted by the City Council of the City of Albertville on this 20th day of November 2023. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 4 ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES November 6, 2023 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7:01 pm. 2. Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hayden, Olson and Zagorski. Staff Present: City Administrator Nafstad, City Planner Brixius, City Attorney Couri, Finance Director Lannes and City Clerk Luedke. 3. Recognitions – Presentations – Introductions – None 4. Public Forum – None 5. Amendments to the Agenda MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to approve the November 6, 2023, agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the October 16, 2023, City Council minutes as presented. B. Authorize the Monday, November 6, 2023, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. C. Approve a THC License application for Sacred Leaf MN at 5600 LaCentre Avenue NE, Suite 107 through December 31, 2023. D. Approve Payment Application No. 7 to Gridor Construction in the amount of $1,280,998 for Wastewater System Improvements. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the November 6, 2023, Consent Agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. The Wright County Sheriff’s deputy who was present reviewed the incidents that had happened in the City of Albertville within the past few weeks. Agenda Page 5 City Council Meeting Draft Minutes Page 2 Regular Meeting of November 6, 2023 A. Wright County Law Enforcement Contract – Tabled from the October 2 City Council meeting City Administrator Nafstad presented the staff report which included background information on the contract. He answered questions from Council and said the 2024 budget does included the contract increase. There was Council discussion regarding 2024 Law Enforcement Contract and the contracted enforcement hours. The Council instructed staff to address the contract increase story in an upcoming newsletter. MOTION made by Councilmember Olson, seconded by Councilmember Hayden to approve the Law Enforcement Services Contract with the Wright County Sheriff’s Office for the 2024 calendar year. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Councilmember Zagorski provided an update from the Joint Power Water Board meeting which included a discussion on water tower antenna leases. He said rates would be discussed at the November meeting and added December meeting has been cancelled due to the holidays. 2. Appointment of New Parks Committee Member City Clerk Luedke presented the staff reports which included background information on the Parks Committee vacancy. She said the Parks Commission members interviewed two candidates and recommended the appointment of Alanna Lau. City Administrator Nafstad answered questions from Council and provided additional information on the applicants. City Attorney Couri answered questions from Council regarding the application process used by the Parks Committee compared to the Planning Commission. He said the difference between the Planning Commission and Parks Committee is the City has a statutory requirement to have a Planning Commission. He reported the Planning Commission typically conducts the public hearings and makes recommendations to the Council that along with their discussion become part of the City’s records. Attorney Couri said the City does not have a statutory requirement for a Parks Committee. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt Resolution No. 2023-38 appointing a new Parks Committee Member. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. B. Building – None C. City Clerk – None D. Finance Agenda Page 6 City Council Meeting Draft Minutes Page 3 Regular Meeting of November 6, 2023 1. 2024 Budget Review Discussion City Administrator Nafstad introduced the item and reported at the time the preliminary budget was approved the City did not have 2024 market values. He said City staff now has property value updates from the County and can apply them to the proposed levy increase. He answered questions from Council. Finance Director Lannes said no action was needed at this time. She said the City’s tax capacity had been adjusted since the September meeting and she provided data on the tax rates and the property value increases. Director Lannes said the property increases which would have an impact the tax payer’s property tax amounts and she provided examples of Albertville homes. She answered questions from Council and said the Truth in Taxation notices would be sent out to residents in mid-November. There was Council discussion regarding the preliminary 2024 budget, the proposed tax levy amount and planning for future City Capital needs. They discussed the final levy approval was scheduled for the December 4, 2023 Council meeting in which the levy amount could be adjusted. There was considerable discussion on the new Wright County Sheriff’s contract and its impact on the levy. Councilmember Cocking said he would not be in attendance at the meeting but added he would be supportive of the Council’s decision. E. Fire 1. Fire Department Update – This item was moved to the next Council Meeting F. Planning and Zoning 1. Long Haul Trucking – Industrial Development Applications City Planner Brixius presented the staff report which included background information on the applications. He said the Planning Commission held a public hearing on the October 10 and recommended approval of applications with the conditions outlined in the resolution. Planner Brixius answered questions from the Council. City Attorney Couri said charges would be due when the applicant accessed the sewer and trunk which normally would be included in the development agreement. He said a development agreement was not required for this development therefore, he recommended a condition be added to the resolution stating the applicant must pay the trunk access charges before connecting to sewer and water. City Administrator Nafstad said the property is located in a special trunk district and the City code does require the access charges be paid with the building application approval but added it would good to include it in the resolution also. He provided details on the special trunk district that the property was located in. Mr. Jason Michels, of Long Haul Trucking, was present and answered questions from Council regarding the applications and the present location of their company. The was Council discussion regarding Long Haul applications and they directed City staff to amend the resolution as recommended by the City Attorney. Agenda Page 7 City Council Meeting Draft Minutes Page 4 Regular Meeting of November 6, 2023 MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt Resolution No.2023-39 addressing the following development applications for Long Haul Trucking to allow for the construction of a 58,100 square foot industrial building in the City of Albertville as amended. 1. Site and Building plan review 2. Conditional use permit for outdoor storage 3. Conditional use permit for accessory retail sales. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. G. Public Works/Engineering – None H. Legal – None I. Administration 1. 2023 Local Road Improvement Program City Administrator Nafstad presented the staff report which information on the grant request funding for the upcoming proposed Main Avenue NE Improvement project. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt Resolution No. 2023-40 authorizing the pursuit of 2023 Local Road Improvement program funding for the Main Avenue NE Improvement project. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 2. Municipal Consent for I-94 Gap Project City Administrator Nafstad presented the staff report and said as part of the I-94 Gap project the City was required set a public hearing for reviewal of the final layout and exhibits. Nafstad reviewed the history of the interchange improvements and items that MnDOT has not followed through with. Nafstad discussed the status of the county road 19 right turn lane at the eastbound 94 ramp and also discussed the westbound c-d road over 19 that is not included in the current project. Nafstad said it would be best if these components were included in the project as they will be difficult and costly to discuss at a later time, and is concerned Albertville will left to deal with the uncompleted items when the Gap project is complete. City Attorney Couri answered questions from Council regarding the City providing municipal consent and the public hearing requirements. He proposed the Council draft an agreement with MnDOT to make clear the issues required to complete the project. There was Council discussion regarding the 2012 I-94 project, the 2021 St. Michael to Albertville project, the approval process for municipal consent for the Gap project, issues with the current I-94 project and the public hearing requirements. The Council consensus was to call a Special Council meeting for December 11, 2023, to meet the public hearing requirements per MnDOT letter and cancel the December 18, 2023 Council meeting. The Council directed City staff to draft an agreement for MnDOT to complete the project as agreed upon. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to schedule a Special City Council meeting at 7 pm for December 11, 2023, which would include a Public Hearing for the I-94 Gap Project and to cancel the regularly scheduled December 18, 2023, Council meeting. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Agenda Page 8 City Council Meeting Draft Minutes Page 5 Regular Meeting of November 6, 2023 3. City Administrator’s Update City Administrator Nafstad reviewed the City Administrator’s Update which included information on the construction of Karmen Ave NE and the Waste Water Treatment Facility improvement project. City Attorney Couri answered questions from Council regarding the code enforcement issues on the Potter’s property. Announcements and/or Upcoming Meetings November 9 City Offices closed in observance of Veterans Day November 13 STMA Arena Board, 6 pm November 14 Planning Commission, 7 pm November 20 City Council, 7 pm November 23 City Offices Closed in observance of Thanksgiving November 27 Joint Powers Water Board, 6 pm Parks Committee, 7 pm 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hayden to adjourn the meeting at 8:52 pm. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 9 Mayor and Council Request for Action November 20, 2023 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 20, 2023, 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 10 Mayor and Council Request for Action November 20, 2023 SUBJECT: CONSENT – CLERK – APPROVE A NEW THC LICENSE APPLICATION FOR ALBERTVILLE TOBACCO AND VAPOR LOCATED AT 11008 61ST ST RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve a Tetrahydrocannabinol (THC) License application for Albertville Tobacco and Vapor Inc located at 11008 61st Street NE, Suite 1005 through December 31, 2023. BACKGROUND: At the August 7 City Council meeting, an ordinance was approved amending the City Code to allow for the regulation of THC products. The City received a new THC license application from Albertville Tobacco and Vapor located at 11008 61st Street NE Suite 1005. The applicant has completed the appropriate forms for a new THC license. KEY ISSUES: • The business meets the eligibility standards set by City Code section 4-10-4 because the applicant primarily sells tobacco and tobacco related products and has a current tobacco license through Wright County. • The license period for all THC licenses runs January 1 through December 31. • The applicant has provided the THC license fee. • There are no outstanding building or fire code violations at the property. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to either approve or deny a THC license application. FINANCIAL CONSIDERATIONS: Per the ordinance, the fee for this license can be pro-rated due to a partial year license. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • The THC license application is on file in the Clerk’s Office and available upon request. Agenda Page 11 Mayor and Council Request for Action November 20, 2023 SUBJECT: CLERK – CONSENT – CONSUMPTION AND DISPLAY PERMIT APPLICATION FOR CHURCH OF ST. ALBERT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve a Consumption and Display permit for the Church of St. Albert’s for the Parish Center located at 11400 57th Street NE contingent upon receipt of the certificate of liability insurance and further subject to receipt of licensing approval from the State of Minnesota. . BACKGROUND: Staff has received a Consumption and Display permit application from request from Church of St. Albertville for the Parish Center. The Church rents the Parish Center for event (example: wedding, etc.) and permit would allow customers renting the Parish Center to bring and consume their own alcoholic beverages with the Church’s permission. KEY ISSUES: • Consumption and display permits are not issued by the City, but by the State. However, the local authority (Albertville City Council) must either approve or deny any applications before they are submitted to the State for approval. • The City may be more restrictive in regulation of this type of liquor license. • There are no outstanding fire or building code issues and no outstanding fees or fines. • MN Statute allows any applicant to be eligible for this type of license so long as they have not been convicted of a felony or liquor law violations within five years. POLICY/PRACTICES CONSIDERATIONS: The City Council has the authority to approve or deny liquor licenses and/or more strictly regulate this type of liquor license. FINANCIAL CONSIDERATIONS: The City would receive no revenue from this license. A fee of $250 is payable to the State and must accompany the application. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • The Consumption and Display application is on file in the Clerk’s Office and is available upon request. Agenda Page 12 Mayor and Council Request for Action November 20, 2023 SUBJECT: FINANCE – 2023 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. 2023-42 certifying the 2023 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, 2023, 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, 2023. 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. 2023-42 Agenda Page 13 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-42 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 Wednesday, November 15, 2023, 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 2024 taxes. Adopted by the City Council of the City of Albertville this 20th day of November 2023. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 14 City of Albertville Resolution No. 2023-42 Meeting of November 20, 2023 Page 2 Exhibit A 2023 LIST OF UNCOLLECTED UTILITY BILLS PID Property Balance Type years interest 101-011-002130 5552 55TH CIRCLE NE $133.73 Water Bill 1 10% 101-022-003010 11646 54TH STREET NE $229.94 Water Bill 1 10% 101-022-007080 11810 LARABEE CIRCLE NE $388.49 Water Bill 1 10% 101-030-001030 5228 MAIN AVENUE NE $100.51 Water Bill 1 10% 101-036-002010 6181 62ND STREET NE $232.27 Water Bill 1 10% 101-036-002050 10635 62ND STREET NE $264.10 Water Bill 1 10% 101-038-001010 11108 60TH STREET NE $375.97 Water Bill 1 10% 101-038-002010 5940 LABEAUX AVENUE NE $350.98 Water Bill 1 10% 101-040-003150 10700 KALLAND DRIVE NE $279.13 Water Bill 1 10% 101-040-004030 10695 KALLAND DRIVE NE $642.18 Water Bill 1 10% 101-042-002100 6278 KAHLER DRIVE NE $238.85 Water Bill 1 10% 101-042-002140 6244 KAHLER DRIVE NE $300.66 Water Bill 1 10% 101-045-007200 5729 KAHLER DRIVE NE $1,342.39 Water Bill 1 10% 101-045-008200 10700 57TH STREET NE $522.11 Water Bill 1 10% 101-048-003070 10413 61ST STREET NE $742.34 Water Bill 1 10% 101-050-002030 5975 KALLAND AVENUE NE $141.10 Water Bill 1 10% 101-051-002050 10650 KARSTON AVENUE NE $183.92 Water Bill 1 10% 101-055-002020 10617 KARSTON AVENUE NE $309.19 Water Bill 1 10% 101-055-002160 5433 KALENDA DRIVE NE $175.44 Water Bill 1 10% 101-062-004030 10396 KARSTON AVENUE NE $530.41 Water Bill 1 10% 101-062-004160 10502 KARSTON AVENUE NE $339.14 Water Bill 1 10% 101-062-004190 10538 KARSTON AVENUE NE $739.74 Water Bill 1 10% 101-063-001030 5517 KAHLER DRIVE NE $2,088.00 Water Bill 1 10% 101-069-002320 10543 64TH WAY NE $834.44 Water Bill 1 10% 101-071-003110 10293 52ND STREET NE $511.78 Water Bill 1 10% 101-071-005050 10634 51ST STREET NE $157.20 Water Bill 1 10% 101-073-002100 6206 KARSTON DRIVE NE $598.81 Water Bill 1 10% 101-079-001080 5479 KALI AVENUE NE $606.13 Water Bill 1 10% 101-079-002070 5414 KALI AVENUE NE $567.57 Water Bill 1 10% 101-081-002050 5104 KAHL AVENUE NE $382.41 Water Bill 1 10% 101-081-002180 5061 KAHLER COURT NE $765.49 Water Bill 1 10% 101-084-001070 10487 JASON LANE NE $371.93 Water Bill 1 10% Agenda Page 15 City of Albertville Resolution No. 2023-42 Meeting of November 20, 2023 Page 3 Exhibit A 2023 LIST OF UNCOLLECTED UTILITY BILLS PID Property Balance Type years interest 101-087-001140 10522 64TH LANE NE $160.17 Water Bill 1 10% 101-090-001050 10161 KARSTON COURT NE $211.78 Water Bill 1 10% 101-090-002010 10292 KARSTON COURT NE $674.40 Water Bill 1 10% 101-096-006070 4947 KASSEL AVENUE NE $283.94 Water Bill 1 10% 101-097-001010 10382 62ND STREET NE $427.86 Water Bill 1 10% 101-097-002050 10526 62ND STREET NE $475.77 Water Bill 1 10% 101-102-004030 11199 69TH STREET NE $277.57 Water Bill 1 10% 101-102-004040 11211 69TH STREET NE $582.55 Water Bill 1 10% 101-102-005060 11241 68TH STREET NE $274.19 Water Bill 1 10% 101-103-002240 5227 KALI COURT NE $249.23 Water Bill 1 10% 101-103-002260 5235 KALI COURT NE $496.31 Water Bill 1 10% 101-104-001040 6436 64TH STREET NE $535.01 Water Bill 1 10% 101-110-002070 6901 LYDIA CIRCLE NE $594.82 Water Bill 1 10% 101-110-003040 6776 67TH STREET NE $607.62 Water Bill 1 10% 101-124-001010 12205 60TH STREET NE $156.60 Water Bill 1 10% 101-146-003020 6902 LAKEWOOD DRIVE NE $155.74 Water Bill 1 10% 101-800-063200 5450 MARLOWE AVENUE NE $1,450.31 Water Bill 1 10% Agenda Page 16 City of Albertville Resolution No. 2023-42 Meeting of November 20, 2023 Page 4 Exhibit A 2023 LIST OF UNCOLLECTED INVOICES PID Property Address Amount Type 101-036-002010 6181 62ND STREET NE $206.68 Delq. Invoice Agenda Page 17 Mayor and Council Communication November 20, 2023 SUBJECT: FINANCE – 2024 ENTERPRISE BUDGETS AND RATE INFORMATION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following information: BACKGROUND: Annually, the Enterprise Budget (water, sewer, storm water and recycling) review begins in June with staff preparing estimates and projections for the following year’s preliminary or draft budget. Staff reviews the preliminary budget and amends it monthly through October. This allows staff to see actual revenues for usage through September of each year. The enterprise budgets do not have a tax levy but rather are funded by usage and rates. In review of the 2024 budget, staff is recommending a rate increase for water and sewer for 2024. The current rates for sewer cover all operations and just over half of the depreciation, showing a shortage of $169,800. With a 3% increase on the base and a 6% increase on the one-level tier, it would bring in an estimated $24,683. In reviewing the rate structure, usage, and water uses, staff found that the residents were compensating for commercial and irrigation use. User Group Annual Usage Annual Charges % Usage % Charges Commercial 26,105,730.00 $37,728.23 9.98% 8.74% Sprinkler 42,281,200.00 $44,414.28 16.16% 10.29% Apartments 4,888,630.00 $5,151.04 1.87% 1.19% Residential 188,345,446.00 $344,464.04 71.99% 79.78% 261,621,006.00 $431,757.59 100.00% 100.00% For water, the current rates and rate structure cover all operations, the majority of capital but no deprecation, and are showing a current shortage of $47,796. Also, there is an additional $35,000 that needs to be budgeted starting in 2025 for water meter replacements. Currently, the City has covered the water meter purchases with Water Access Funds and ARPA funds, of which those funding options are running out. That would leave a revenue gap of $82,796 if not added in 2024. Staff has researched surrounding cities rates and structure. The following is the recommended increases and fee structure changes. Propose 2024 Water Base Proposed 2024 Rate Residential base $8.38 1" meter $11.25 1.5" meter $14.28 2" meter $17.31 3" meter $20.34 4" meter $23.37 Agenda Page 18 Mayor and Council Communication – November 20, 2023 Finance – Enterprise Budget Rates Page 2 of 2 Proposed 2024 Water Tiers Tier 1 0-3,333 gallons included in base fee Tier 2 3,334 - 6,666 gallons $1.00/1,000 gallons over 3,333 Tier 3 6,667-11,667 gallons $1.19/1,000 gallons over 6,666 Tier 4 11,668-16,668 gallons $1.35/1,000 gallons over 11,667 Tier 5 16,669+ gallons $1.48/1,000 gallons over 16,668 Sprinkler Base Meter size Tier 1 (all water usage) $1.48/1,000 gallons By changing the proposed fee structure and the rate increases, the 2023 water revenue would have increased by $89,098 with sprinkling and redistributes the allocation of uses. (For example, in 2023, sprinkling during a dry year would have shown an increase in revenues of $23,630, a wet year could reduce overall revenue by $14,754 which would still have shown an overall revenue increase of $59,263) Commercial 26,105,730.00 $60,582.81 9.98% 11.74% Sprinkler 42,281,200.00 $70,983.33 16.16% 13.76% Apartments 4,888,630.00 $7,967.82 1.87% 1.54% Residential 188,345,446.00 $376,325.21 71.99% 72.95% 261,621,006.00 $515,859.17 100.00% 100.00% KEY ISSUES: 1. The 2024 Enterprise budgets will go into effect January 1, 2024 as presented unless there is a request for change. 2. The budgets presented do not include the recommended rate increases for water and sewer. POLICY CONSIDERATIONS: It is the City’s policy to review the 2024 Enterprise Budgets. FINANCIAL CONSIDERATIONS: In reviewing the Albertville projected 2024 Enterprise Budgets, staff is recommending a rate increase and structure change for 2024. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Agenda Page 19 Mayor and Council Request for Action November 20, 2023 SUBJECT: LEGAL – SPECIAL ASSESSMENT OF CLEANUP COSTS TO MAEYAERT PROPERTY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2023-43 calling for Hearing on proposed assessment related to Nuisance and Zoning Violations on property located at 10479 61st Street N.E. in Albertville, MN. BACKGROUND: On April 19, 2023, the Wright County District Court issued a second order authorizing the City to remove nuisances and zoning violations for the second time from the Maeyaert property. Like the first order, that order authorized the City to special assess the attorney’s fees, court costs and cleanup costs to the Maeyaert property pursuant to Minn. Stat. § 429.101. On August 15, 2023, the City’s contractor, Trilogy Properties, cleaned up the Maeyaert property. KEY ISSUES: • The City has incurred $17,038.75 in costs in obtaining the Court order and cleaning up the Maeyaert property. • The Court’s order authorizes the City to special assess these costs against Maeyaert’s property. • The special assessments will bear interest at 10% per year. • The City must hold a public hearing before such costs can be specially assessed. The resolution calls for the public hearing on December 11, 2023. POLICY/PRACTICES CONSIDERATIONS: The City has previously special assessed Maeyaert’s property in excess of $40,000 for a past clean up, and will likely special assess his property sometime next year for a third cleanup that will likely occur later this year. Because these costs are a direct result of Mr. Maeyaert’s violation of City ordinances and the Court’s prior order, it makes sense that he should bear all of the costs incurred by the City to bring his property into compliance with City ordinances. FINANCIAL CONSIDERATIONS: If the City does not special assess these costs to the Maeyaert property, then these costs will likely be absorbed by the general fund and will essentially be borne by all taxpayers in the City rather than just Mr. Maeyaert. LEGAL CONSIDERATIONS: The Court’s April 19, 2023 Order authorizes the City to special assess these costs to the Maeyaert property. Responsible Person: Mike Couri, City Attorney. Agenda Page 20 Mayor and Council Request for Action – November 20, 2023 Legal – Special Assessment – Maeyaert Property Page 2 of 2 Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Resolution No. 2023-43 Agenda Page 21 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-43 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT RELATED TO NUISANCE AND ZONING VIOLATIONS ON PROPERTY LOCATED AT 10479 61ST STREET N.E. IN ALBERTVILLE, MINNESOTA WHEREAS, the City of Albertville has obtained a Wright County District Court order against Charles Maeyaert (“Maeyaert”), the owner of property located at 10479 61st Street N.E. in Albertville, Minnesota and identified as Wright County Property Identification Number 101- 048003110 (“Property”); and WHEREAS, such Court order gave Maeyaert 60 days to remedy the nuisance and zoning violations and provided that if he did not remedy such violations the City could enter onto the Property, remedy the violations, and special assess the costs of remedying such violations, including Court costs and attorney’s fees, against the Property pursuant to Minn. Stat. § 429.101 for collection with the real estate taxes; and WHEREAS, Maeyaert did not remedy such violations and the City hired a contractor to enter the Property and dispose of the items that constituted such nuisance and zoning violations; and WHEREAS, the City has incurred $17,038.75 in contractor costs, attorney’s fees and Wright County Sheriff’s fee in remedying such violations; WHEREAS, the City Clerk has notified the City Council that a preliminary special assessment roll has been prepared and filed in her office for public inspection related to such costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE THE CITY OF ALBERTVILLE, MINNESOTA: 1. The City Council hereby accepts the preliminary assessment roll attached hereto as prepared. 2. A hearing shall be held on the 11th day of December, 2023, in the Albertville City Hall at 7 pm to pass upon such proposed assessment and at such time and place all persons owning property affected by such assessment will be given an opportunity to be heard with reference to such assessment. 3. The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.00 and the portion of the cost to be assessed against the Property is declared to be $17,038.75. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Agenda Page 22 City of Albertville, MN Resolution No. 2023-43 Meeting of November 20, 2023 Page 2 5. The owner of any property so assessed may, at any time prior to 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 ex cept that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay the City Treasurer 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 (except in the year of the assessment) or interest will be charged through December 31 of the succeeding year. If not paid in full within 30 days of adoption of said assessment, said assessment shall bear interest at 10% per annum and shall be due in its entirety with the 2025 real estate tax payments. Adopted by the City Council of the City of Albertville this 20th day of November 2023. _____________________________ Jillian Hendrickson, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Agenda Page 23 Mayor and Council Request for Action November 20, 2023 SUBJECT: LEGAL – MAINTENANCE OF PRIVATE ROAD SERVING ALBERTVILLE PLAZA RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Maintenance Agreement for Lots in Albertville Plaza Additions. BACKGROUND: In 2001, the PUD and plat for Albertville Plaza was approved (this plat contained the Culvers, KB Toys, and ultimately Goodyear Tire lots). A few years later, the plat of Albert Plaza Second Addition Plat was approved and the private road system was expanded with a north-south road between the Goodyear property and the undeveloped lot to the west. The service roads in the plat are private (there is no public easement over the private roads), and the City at the time agreed to maintain the roads for the properties in the plats via a maintenance agreement under which the owners would reimburse the City for the maintenance provided. Since the road was constructed in 2001, the City had been performing all maintenance on the sewers, water, pond and road, including patching and plowing of the road, until 2022, when the City terminated the contract as the road needs to be milled and overlaid at a significant cost. The City has continued snowplowing the road to the present date. All costs have been billed back to the properties and the City has been fully reimbursed for all costs spent to date. The property owners have created a property owners’ association to perform maintenance work on the road, but the owners would like the City to continue to snowplow the road and the ponds/storm sewer. City staff believes that the road can continue to be plowed by the City under contract with the owners without placing a significant burden on the City’s Public Works Department. Pond cleaning will likely be dealt with by the City in the same manner it deals with other ponds that it cleans out. KEY ISSUES: • The road is a private road that the City has maintained from its construction in 2001 until 2022, except for snow plowing which the City continues to perform. • The proposed agreement provides for the City to maintain the following: o The City will continue to plow the roads at the rate set forth in the City ordinance section 3-1-3 (currently at $100 base fee plus $50 per hour per truck and $50 per hour per man; the $100 base fee will likely increase to $150 base fee prior to January 1, 2023; however, the $100 base fee is proposed to be increased to $150 for 2024). o The City will maintain at City expense the sanitary sewer and water mains located within the street, similar to what the City does in other private streets. o The City will maintain the storm sewer and the ponds, but that shall be at the property owners’ expense. • The property owners will be responsible for all non-snow related maintenance on the road. Agenda Page 24 Mayor and Council Request for Action – November 20, 2023 Legal – Maintenance of Private Road Serving Albertville Plaza Page 2 of 2 •The Agreement has no termination date, but may be terminated by the City or by all of the property owners with one year’s notice to the other party. POLICY/PRACTICES CONSIDERATIONS: The City is under no obligation to maintain the road if it does not want to, but the City is likely in the best position to perform snowplowing services on the road. Because the road needs to be milled and overlaid at a significant expense, and because it is not eligible for the Chapter 429 special assessment process, the property owners will need to contract directly with a contractor for the improvement of the road and will need to finance the cost themselves. FINANCIAL CONSIDERATIONS: The contract will charge the rates set in the City’s ordinance for snowplowing and for pond/storm sewer maintenance. LEGAL CONSIDERATIONS: This agreement will be a binding contract on the parties and will not change the ownership/dedication status of the improvements being maintained. Responsible Person: Adam Nafstad, City Administrator-PWD Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: •Maintenance Agreement for Lots in Albertville Plaza Additions Agenda Page 25 MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF ALBERTVILLE AND THE OWNERS OF LOTS WITHIN ALBERTVILLE PLAZA ADDITIONS FOR THE MAINTENANCE OF REAL PROPERTY LOCATED IN THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA Agenda Page 26 2 CITY OF ALBERTVILLE MAINTENANCE AGREEMENT FOR LOTS IN ALBERTVILLE PLAZA ADDITIONS THIS AGREEMENT, made this ______ day of November, 2023, by and between EXCELSIOR PROPERTY, LLC, a Minnesota limited liability company, JKZ HOLDINGS, LLC, a Minnesota limited liability company and PHOENIX RENTALS IV, LLC, a Minnesota limited liability company, (collectively, “Owners”) and the CITY OF ALBERTVILLE, a municipality of the State of Minnesota (“City”). 1. DEFINITIONS. The following terms, unless elsewhere defined specifically in this Agreement, shall have the meanings as set forth below: a. OWNERS. Owners initially shall mean Excelsior Property, LLC, JKZ Holdings, LLC, and Phoenix Rentals IV, LLC, collectively. It is acknowledged that the Owners may sell the lots in the Plats referred to herein. Each and all subsequent assignees of the Property or any portion thereof shall collectively be deemed to be an Owner for the purpose of this Agreement. If any portion of the Property becomes subject to a contract for deed, the contract for deed vendee shall deemed to be the Owner unless the contract for deed specifies otherwise and notice thereof is given to the City. In the event of an assignment, transfer or conveyance of the ownership of any of the Property without retaining any beneficial interest other than under the terms of a mortgage or without simultaneously acquiring a new interest in such parcel by way of leasehold, life estate or other possessory interest, then the obligations hereunder will be deemed assigned, transferred and conveyed to such transferee, assignee, or grantee; the obligations will be deemed assumed by such transferee, assignee or grantee with the interest so acquired. Not withstanding the foregoing, any mortgagee who takes title to such parcel by foreclosure or deed in lieu of foreclosure shall be liable to perform the obligations burdening such Property pursuant to this Agreement. b. PLAT. Plat means the Plat of Albertville Plaza on file and of record in the office of the Wright County Recorder comprising of real property located in the City of Albertville, Wright County, Minnesota. c. PROPERTY. Property means Lots 1, 2, and 3, Albertville Plaza, and Lots 1 and 2, Albertville Plaza Second Addition, according to the plats on file at the Wright County Recorder’s Office, Wright County, Minnesota. d. SANITARY SEWER. Sanitary sewer shall mean all sanitary sewer mains constructed in the Albertville Plaza plat, but shall not include the stubs to the individual lots within the Plat or within Albertville Plaza Second Addition plat. The Agenda Page 27 3 legal description for the easement area of the portion of the Plat for sanitary sewer is set forth on the attached Exhibit A. e. STREETS. Streets shall mean those roadways installed in the Albertville Plaza plat and the Albertville Plaza Second Addition plat, as presently reflected on the plats. The legal description for the area for streets is set forth on Exhibit B. f. STORM SEWER. Storm sewer shall mean all storm sewer pipes and appurtenances constructed in the Albertville Plaza plat and the Albertville Plaza Second Addition plat. The legal description for the easement area of the portion of the storm sewer is set forth on the attached Exhibit C. g. STORM WATER PONDS. Those portions of the Albertville Plaza Second Addition plat which have been set aside as storm water ponds as legally described in the attached Exhibit D into which storm water drains. h. WATER MAIN. Water main shall mean the municipal water pipes and appurtenances constructed in the Plat but shall not include the stubs to the individual lots within the Plat. The legal description for the easement area of the portion of the Plat for water main is set forth on the attached Exhibit A. 2. MAINTENANCE OF STREETS AND UTILITIES. a. STREETS. The City shall provide snow and ice control services to the streets identified on Exhibit B at the Owners’ expense as set forth in paragraph 3 below. The Owners, via a Property Owners’ Association, shall provide paving, seal coating, pothole patching, crack sealing, curb repair and replacement and other non- snow and non-ice control maintenance to such streets at their own expense. b. SANITARY SEWER AND WATER MAIN. The City shall maintain, as a regular expense of the City’s utility funds, the sanitary sewer main and municipal water main that are located in the street described on Exhibit B, provided, however, that in the event the City must excavate in the street to maintain the sewer or water line, the City shall restore that portion of the street that is disturbed to grade in gravel form and the Owners shall be responsible for patching the bituminous pavement or replacing curb that had to be removed. c. STORM SEWER AND PONDING. The City shall maintain, repair, and replace the storm sewer and storm water ponds (including cleaning such storm water ponds), in the same manner and with the same degree of care as if such items were owned by the City, but such maintenance shall be at the Owners’ expense as set forth in paragraph 3 below. Such maintenance shall include periodic dredging of the storm water ponds but not mowing the grass around such ponds. In the event the City must excavate to maintain the storm sewer lines, the City shall restore that Agenda Page 28 4 portion of the storm sewer line that had improvements located above it to grade in gravel form and the Owners shall be responsible for patching concrete or bituminous pavement or replacing any structures that had to be removed. 3. MAINTENANCE COSTS. The City will bill the Owners for their costs of performing the services under this Agreement on a quarterly basis, provided, however, that the City may forward such billing to the Property Owners Association (“Association”) to which all properties subject to this Agreement are currently members, at the request of all such members. In such case, the Association shall pay such billing, but the City retains the right to seek payment from the Owners in the event the Association fails to fully pay such billing in a timely manner. Such costs shall be reasonable and in proportion to the actual costs of the City performing such services. The City shall bill the Owners each time it snowplows the street located on the Plat at that cost as set forth for snowplowing services in City Code Section 3-1-3 as it may be amended from time to time. The City shall bill the Owners each time it performs repairs or maintenance on the storm sewer system or the ponds located on the Plat at that cost as set forth for mowing/weed elimination services in City Code Section 5-3-3C as it may be amended from time to time. The City shall not provide snow and ice control services to the private street located between Lots 1 and 2, Albertville Plaza Second Addition until construction of a primary building is completed on Lot 2, Albertville Plaza Second Addition. The total costs of maintenance shall be allocated among the lots in the Plat in proportion to their square footage which is as follows: Lot 1, Block 1, Albertville Plaza 25.56% Lot 2, Block 1, Albertville Plaza 15.96% Lot 3, Block 1, Albertville Plaza 15.88% Lot 1, Block 1, Albertville Plaza 2nd Addition 21.17% Lot 2, Block 1, Albertville Plaza 2nd Addition 21.43% TOTAL 100% Such charges shall be invoiced to the Owners and shall be due and payable by the Owners within thirty (30) days after invoicing (“Due Date”) by the City. Bills not paid by the Due Date shall incur the standard penalty and interest established by the City for utility bills within the City. If any such payment is not made in full when due, the City may certify to Wright County the amounts due and payable with real estate taxes in the next calendar year; the parties agree that such certifications may be made under Minnesota Statutes, Chapter 444 or Chapter 429 in a manner similar to certifications for unpaid utility bills, or pursuant to Minn. Stat. 366.012. The Owners hereby waive any and all procedural and substantive objections to the imposition of such charges on the respective lots. Further, the Owners hereby waive any and all procedural and substantive objections to special assessments for the aforementioned reasonable costs, including, but not limited to, notice and hearing requirements, and any claims that the charges or special assessments exceed the benefits to the lot. The Owners waive any appeal rights otherwise available pursuant to Minnesota Statutes Chapter 429.081. 4. INDEMNIFICATION OF CITY. Owners shall indemnify, defend and hold the City, its council, agents, employees, attorneys, and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, Agenda Page 29 5 liabilities, damages, recoveries, and deficiencies including interest, penalties, and attorney’s fees, that the City incurs or suffers which arise out of, result from, or relate to the City’s performance of its duties hereunder. 5. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time by giving the Owners 365 days’ notice of such termination. The Owners may terminate this Agreement by giving the City 365 days’ notice of such termination, provided such notice is signed by all Owners. 6. STATUS OF IMPROVEMENTS. Nothing in this agreement shall act to dedicate the streets or storm sewer to the public, nor shall it modify the status of the ownership of such improvements. Upon termination of this Agreement, the Owners shall remain responsible for maintaining the streets, storm sewer and ponds. 7. NOTICES. All notices given or required to be given if directed to the City shall be directed to: City of Albertville, c/o City Clerk, P. O. Box 9, Albertville, Minnesota 55301. All notices to the Owners shall be to the addresses to which real estate tax statements are sent to each of the Owners. 8. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties pertaining to maintenance. This Agreement shall be governed by Minnesota law. It is the intention of the parties that this Agreement be recorded with the Wright County Recorder and that all Owners and subsequent Owners of the Property shall be bound by the terms and conditions of this Agreement. CITY OF ALBERTVILLE a Municipality of the State of Minnesota By_______________________________________ Jillian Hendrickson Its Mayor and By_______________________________________ Kris Luedke Its Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ______ day of November, 2023, by Jillian Hendrickson, the Mayor of the City of Albertville, a municipality under the laws of the State of Minnesota, on behalf of the City of Albertville. Agenda Page 30 6 __________________________________________ Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ______ day of November, 2023, by Kris Luedke, the Clerk of the City of Albertville, a municipality under the laws of the State of Minnesota, on behalf of the City of Albertville. __________________________________________ Notary Public EXCELSIOR PROPERTY, LLC a Minnesota Limited Liability Company By_______________________________________ _______________________ Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of November, 2023, by ________________, the Chief Manager of EXCELSIOR PROPERTY, LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________________________ Notary Public Agenda Page 31 7 JKZ HOLDINGS, LLC, a Minnesota limited liability company By_______________________________________ _______________________ Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of November, 2023, by ________________, the Chief Manager of JKZ HOLDINGS, LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________________________ Notary Public Agenda Page 32 8 PHOENIX RENTALS IV, LLC,, a Minnesota limited liability company By_______________________________________ _______________________ Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of November, 2023, by ________________, the Chief Manager of PHOENIX RENTALS IV, LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Couri & Ruppe Law Office P.O. Box 369 St. Michael, MN 55376 763-497-1930 Agenda Page 33 City Administrator’s Update November 16, 2023 GENERAL ADMINISTRATION 2024 Budget The adoption of the 2024 Property Tax Levy and Final Budget will be included on the December 4 Council meeting. Truth-in Taxation: The City’s Truth-in Taxation hearing is scheduled for 6:15 pm on Monday, December 4 prior to the regular meeting. Special City Council meeting: A Special Council meeting will be held on Monday, December 11, 2023 at 7 pm for the Public Hearing regarding the I-94 Gap Project. At this meeting, MnDOT will be in attendance to present the final project layout and exhibits and answer questions. The regularly scheduled Monday, December 18, 2023, Council meeting has been cancelled. Winter Newsletter: The Winter newsletter should hit residents’ mailboxes during the last week of November. Code/Zoning Enforcement: The code enforcement regrading illegal land use on Potter’s property located at the southwest corner of 60th Street NE and Mackenzie Avenue has been turned over to the City Attorney. ENGINEERING/PUBLIC WORKS Karmen Avenue NE: This past week the AVA contractor completed warranty street repairs on Karmen Ave. 53rd Street and CSAH 19 Signal: The foundations for the signal poles are complete and the ped ramps and related sidewalk and trail restoration will be completed next week. We anticipate setting the poles in mid-December. WWTF Improvements: The project is progressing well. The building will be fully enclosed within the week. 50th Street Retaining Walls: The retaining wall work is complete. Lift Station Upgrades: Public Works is working on 4 lift station upgrades. Generally, upgrades are related to control panels and electrical components. Eligible expenses can be paid with ARPA funds otherwise are paid with enterprise capital reserves. 2024 Street and Trail Improvements: Staff is working is working to identified street and trail segments to be included in the 2024 overlay project. Agenda Page 34