2024-06-03 City Council Agenda Packet
City of Albertville Council Agenda
Monday, June 3, 2024
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. Civil Air Patrol Presentation (CAP)
CAP is a volunteer organization dedicated to serving America’s communities. With missions
encompassing emergency & disaster response, aviation and aerospace education services, and
a robust youth leadership development program, Civil Air Patrol members serve and benefit
the local communities. Ms. Marybeth Slocumb will deliver a brief presentation about the
activities of the Civil Air Patrol in Minnesota and beyond.
B. Employee Service Award
20 Years – Tina Lannes (May 24)
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 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 April 15, 2024, regular City Council Meeting minutes as presented. 3-8
B. Approve the May 6, 2024, regular City Council Meeting minutes as presented. 9-11
C. Approve the May 13, 2024, special City Council Meeting minutes as presented. 12
D. Authorize the Monday, June 3, 2024, 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.
13
E. Approve a Community Festival Permit Application for Neighbors Eatery and Saloon
located at 5772 Main Avenue NE for Wednesday, June 5 through Sunday, June 9, 2024.
14
F. Approve Special Event Permit including a Temporary Outdoor Music Permit for the 152
Club located at 5794 Main Avenue for the Chad Smith Ride for Life Benefit event on June
15, 2024.
15
G. Approve the purchase of a Toro 4000 Z master HDX Pro With 52” deck and bagger for the
amount of $14,669 from Minnesota Equipment.
16-17
H. Approve Payment Application No. 13 to Gridor Construction in the amount of $391,713
for the Wastewater System Improvements.
City of Albertville City Council Agenda
Monday, June 3, 2024 Page 2 of 2
I.Approve Payment Application No. 14 to Gridor Construction in the amount of $190,600
for the Wastewater System Improvements.
J.Approve Payment Application No. 1 to Fehn Companies in the amount of $161,794.84 for
the 2024 Concrete Improvements
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
C.City Clerk
1.Set Preliminary 2024 Budget Workshops
(Motion to set workshops for July 15, August 5, and August 19 at ____ pm to discuss the
2025 preliminary budget.)
D.Finance – None
E.Fire
1.Albertville Fire Department – May 2024 Incident Data 18-19
F.Planning and Zoning – None
G.Public Works/Engineering – None
H.Legal
1.Potter Property Ordinance Enforcement 20-34
2.Everbrooke Daycare Developer’s Agreement Amendment 35-43
(Motion to approve First Amendment to Planned Unit Development Shoppes at Towne
Lakes Two (Everbrook Daycare Developer’s Agreement).
I.Administration
1.City Administrator’s Update 44-45
10.Announcements and/or Upcoming Meetings
June 5-9
June 10
June 11
June 17
June 19
June 24
2024 Albertville Friendly City Days
STMA Arena Board, 6 pm
Planning Commission, 7 pm
City Council, 7 pm
City Offices closed in observance of Juneteenth
Joint Power Water Board, 6 pm
Parks Committee, 7 pm
11.Adjournment
ALBERTVILLE CITY COUNCIL
DRAFT REGULAR MEETING MINUTES April 15, 2024 – 7 pm
Council Chambers
Albertville City Hall
1. Call to Order
Mayor Hendrickson called the meeting to order at 7:02 pm.
2. Pledge of Allegiance – Roll Call
Present: Mayor Hendrickson, Councilmembers Hayden, Olson and Zagorski.
Absent: Councilmember Cocking
Staff Present: City Administrator Nafstad, City Attorney Couri, Fire Chief Bullen, City Planner
Brixius, Public Works Supervisor Guimont, Utilities Supervisor Middendorf, Finance Director
Lannes and City Clerk Luedke.
3. Recognitions – Presentations – Introductions
A. Recognize Michael Jenkins on his Retirement – 23 years
The City Council recognized Michael Jenkins on his retirement and thanked him for his 23 years
of service to the City of Albertville.
City Administrator Nafstad said the City would miss Michael and appreciated all he did. He
reported a retirement get together was planned for May 3, 2024, at the Albertville City Hall.
B. 2023 Financial Statement Audit Presentation
Mr. Tyler See, ABDO, presented the draft 2023 Audit report which included the auditor’s
opinion, fund results and the key performance indicators. He said the City received a clean
opinion from the firm and did not have any compliance issues. He stated the only minor concern
was regarding the limited segregation of duties, but that this has been a regular finding due to the
size of the City. Mr. Alex Trippel, Senior Associate provided an overview of the City’s capital,
water, sewer, storm water and recycling funds and answered questions from Council.
MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt the
draft 2023 Audit Report as presented. Ayes: Hendrickson, Hayden, Olson and Zagorski. Nays:
None. Absent: Cocking. The motion carried.
4. Public Forum – None
5. Amendments to the Agenda
City Administrator Nafstad requested to add Item 9I2 under Administration entitled “Discussion
of Property Owned by Luann Daniels.”
MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to approve
the April 15, 2024, agenda as amended. Ayes: Hendrickson, Hayden, Olson and Zagorski. Nays:
None. Absent: Cocking. The motion carried.
Agenda Page 3
City Council Meeting Draft Minutes Page 2
Regular Meeting of April 15, 2024
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 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 April 1, 2024, regular City Council Meeting minutes as presented.
B. Authorize the Monday, April 15, 2024, 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. Account Receivable Report.
D. 1st Quarter Budget to Actual.
E. Adopt Resolution No. 2024-14 authorizing and documenting Inter-Fund Loans to
Fund Negative Fund balances.
F. Adopt Resolution No. 2024-15 authorizing the Transfer of Funds.
G. Approve On-sale Temporary Liquor License for the Church of St. Albert’s fundraiser
events located at St. Albert Parish Center, 11458 57th Street NE on June 7 and June 8,
2024.
H. Approve Driveway Replacement Contract for property owner Paul & Hillary Gonsior
located at 6508 West Laketowne Drive NE Albertville, MN 55301 – PID 101-083-
004040.
I. Approve Payment Application No. 12 to Gridor Construction in the amount of
$658,827 for Wastewater System Improvements.
J. Approve Final Payment to Fehn Companies in the amount of $4,265.13 for the 50th
Street Retaining Wall Improvements.
MOTION made by Councilmember Zagorski, seconded by Councilmember Olson to approve
the April 15, 2024, Consent Agenda as submitted. Ayes: Hendrickson, Hayden, Olson and
Zagorski. Nays: None. Absent: Cocking. The motion carried.
7. Public Hearing – None
8. Wright County Sheriff’s Office – Updates, reports, etc.
There were no updates from the Wright County Sheriff’s Office.
9. Department Business
A. City Council
1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
There were no City Council Updates.
B. Building – None
C. City Clerk – None
D. Finance
1. 10% Annual Gambling Contribution Discussion
Agenda Page 4
City Council Meeting Draft Minutes Page 3
Regular Meeting of April 15, 2024
Finance Director Lannes presented the staff report which included the current contribution
balance, the amount expected to be collected annually and the guidelines that cities are required
to follow in spending the funds collected. She answered questions from Council regarding items
the funds can be spend on.
City Administrator Nafstad provided additional information on the annual gambling
contributions and reported City staff would provide a quarterly report for Council’s review. He
answered questions from Council regarding possible expenditures.
E. Fire
1. Fire Contract Discussion – Tabled from April 1, 2024, Council Meeting
Fire Chief Bullen provided an update on the City’s fire service contract with the City of Otsego.
He reported Albertville had not received any formal updates from Otsego regarding their
upcoming plans but provided background information on what has occurred within their City as
they work towards having their own fire department. He reviewed the current contract, Otsego’s
possible phases for implementing their department and the concerns Albertville Fire Department
has. He suggested that Albertville may want to review the current contract language. Chief
Bullen reported on Albertville Fire Department’s response times to the areas in Otsego, the
emergency needs on I-94, the City’s mutual aid agreement with the City of St. Michael and his
concerns as the date gets closer to the end of the current fire contract. He answered questions
from Council and reported he was working with a company which provides a public facing
dashboard with actual response times of the Fire Department.
City Administrator Nafstad provided additional information on the contract, the location of the
proposed Otsego Fire Station, his concerns on mutual aid and answered questions from Council.
There was Council discussion regarding the current fire contract with the City of Otsego.
F. Planning and Zoning
1. Everbrooke Daycare Subdivision and PUD/CUP for a Commercial Daycare
City Planner Brixius presented the staff report which included background information on the
previous approvals, the need for an agreement on the shared road, and the development
application. He said the Planning Commission held a public hearing on April 9, 2024, and
recommended approval of the application with the conditions outlined in the resolution. Planner
Brixius answered questions from Council.
City Administrator Nafstad provided additional information on the requirement of the
establishment of a functioning business association to oversee the maintenance and repair of the
private road. He answered questions from Council.
The applicant, Paul Tucci of Oppidan Holdings, answered questions from Council regarding the
Council’s concerns about the placement of the play area injunction to the County Road 19. He
reported the play area would be surrounded by a six-foot fence, large boulders and the landscape
design would include additional protection. Mr. Tucci said their only concern was regarding the
establishment of the business association and who would manage it.
There was Council discussion regarding the Everbrooke Daycare development applications,
issues with private roads and the establishment of the business association.
Agenda Page 5
City Council Meeting Draft Minutes Page 4
Regular Meeting of April 15, 2024
MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to adopt
Resolution No. 2024-16 addressing the development applications for Everbrooke Daycare to
allow for the construction of a 11,500+ sq. ft. commercial daycare on lot 2 and 3, block 1
Shoppes at Towne Lakes Two in the City of Albertville. Ayes: Hendrickson, Hayden, Olson and
Zagorski. Nays: None. Absent: Cocking. The motion carried.
G. Public Works/Engineering
1. Approve Purchase of Kubota Utility Tractor
Public Works Supervisor Guimont presented the staff report, provided information on the
vehicle, and said it would be used in the summer for irrigation and field maintenance and in the
winter for clearing sidewalks. He answered questions from Council.
MOTION made by Councilmember Olson, seconded by Councilmember Hayden to approve
purchase of a Kubota LX3520HSDC Utility tractor, 51” snow blower, 72” plow blade and a
broadcast fertilizer spreader for $42,645.05. Ayes: Hendrickson, Hayden, Olson and Zagorski.
Nays: None. Absent: Cocking. The motion carried.
2. Approve Purchase of Fiberglass Service Body
Waste Water Supervisor Middendorf presented the staff report which included information on
the vehicle that the City had already received and answered questions from Council.
MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to approve
purchase of a Brand FX Fiberglass Service Body from ABM Equipment for $24,698. State Bid
Contract # 224090. Ayes: Hendrickson, Hayden, Olson and Zagorski. Nays: None. Absent:
Cocking. The motion carried.
3. 2024 Street Improvements
City Administrator Nafstad presented the staff report and reviewed the streets included in the
2024 Street Improvement project. He provided information on the bids received for the
improvements and reported the project would begin after Albertville Friendly City Days.
MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt
Resolution No. 2024-17 accepting the Low Bid for the 2024 Overlay Improvements project.
Ayes: Hendrickson, Hayden, Olson and Zagorski. Nays: None. Absent: Cocking. The motion
carried.
4. 2024 Concrete Improvement
City Administrator Nafstad presented the staff report and reported this project would be separate
from the street improvement project and would begin before Friendly City Days. He stated the
quote came in at a lower cost of $165,788 due to some items being deleted from the quote. He
answered questions from Council.
MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to accept
Low Quote for 2024 Concrete Improvements submitted by Fehn Companies, Inc. in the amount
of $165,788. Ayes: Hendrickson, Hayden, Olson and Zagorski. Nays: None. Absent: Cocking.
The motion carried.
H. Legal
Agenda Page 6
City Council Meeting Draft Minutes Page 5
Regular Meeting of April 15, 2024
1. Amendment to AVA Second Addition Developer’s Agreement
City Attorney Couri presented the staff report which included background information on the
AVA Second Addition. He reported the development agreement needed to be revised to be
consistent with the Council’s approvals at the last meeting and provided information on the
provisions in the agreement. He said there may be some minor amendments from the developer
because the City was still waiting for them to provide any changes. He reported he did not
believe these changes would be major therefore he recommended that the approval motion
allowed for minor amendments from the Attorney. He answered questions from Council.
City Administrator Nafstad provided information on the easement the City has over the water
main and sewer stubs. He answered questions from the Council.
There was Council discussion regarding the developer’s agreement and the Council’s consensus
was to approve the agreement allowing for minor attorney amendments if needed.
MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to approve
the First Amendment to AVA Second Addition Developer’s Agreement and authorizing City
staff to fill in the required letter of credit amounts per the City Engineer’s recommendations
allowing for minor amendments from the Attorney. Ayes: Hendrickson, Hayden, Olson and
Zagorski. Nays: None. Absent: Cocking. The motion carried.
I. Administration
1. City Administrator’s Update
City Administrator Nafstad reviewed the City Administrator’s Update which included upcoming
events in the City.
2. Discussion of Property Owned by Luanne Loewen
City Administrator Nafstad reported Ms. Luanne Loewen is working to either develop or sell the
two commercial properties she owns on Mackenzie Ave NE. He noted the parcels in the area are
not served by municipal utilities and as such are challenging to develop. Administrator Nafstad
explained that development of the 26 acre Zachman parcel would require the extension of
municipal utilities and would require street access. He believes Ms. Loewen’s parcels would
provide a good utility and street corridor to the Zachman property and would like to work with
Ms. Loewen to determine if there is an option for the City to purchase the parcels. Administrator
Nafstad stated he did not believe Ms. Loewen would be interested in selling just one of the lots
and thought the City would need to acquire both. Nafstad said if there were no Council
objections he and City Attorney Couri would like to reach out to Ms. Loewen regarding the
City’s intention.
There was Council discussion regarding the two parcels and possible surrounding developments.
The Council consensus was to have the City Administrator and City Attorney contact the
landowner and then report back to the Council.
Announcements and/or Upcoming Meetings
April 22 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
April 29 Joint Governance Meeting, 6 pm (Albertville City Hall)
May 6 City Council, 7 pm
Agenda Page 7
City Council Meeting Draft Minutes Page 6
Regular Meeting of April 15, 2024
May 13 STMA Arena Board, 6 pm
May 14 Planning Commission, 7 pm
May 20 City Council, 7 pm
10. Adjournment
MOTION made by Councilmember Hayden, second by Councilmember Olson to adjourn the
meeting at 8:54 pm. Ayes: Hendrickson, Hayden, Olson and Zagorski. Nays: None. Absent:
Cocking. The motion carried.
Respectfully submitted,
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 8
ALBERTVILLE CITY COUNCIL
DRAFT REGULAR MEETING MINUTES May 6, 2024 – 7 pm
Council Chambers
Albertville City Hall
1. Call to Order
Acting Mayor Olson called the meeting to order at 7 pm.
2. Pledge of Allegiance – Roll Call
Present: Acting Mayor Olson, Councilmembers Cocking, Hayden, and Zagorski.
Mayor Hendrickson arrived at 7:05 pm
Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Attorney Couri, Finance
Director Lannes, and City Clerk Luedke.
3. Recognitions – Presentations – Introductions
A. 2023-2024 Albertville Royalty Court
The 2023-2024 Royalty Court were present and listed some of their favorite activities they
participated in over the last year. The 2024-2025 Royalty candidate introduced herself. The Royalty
Court thanked the Council for their continued support.
The City Council thanked the Royal Court for their service to the Albertville Community.
4. Public Forum
There was no one present for the public forum.
5. Amendments to the Agenda
There were no amendments to the agenda.
MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to approve the
May 6, 2024, 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 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 April 15, 2024, Local Board of Appeals and Equalization Meeting minutes
as presented.
B. Authorize the Monday, May 6, 2024, 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.
Agenda Page 9
City Council Meeting Draft Minutes Page 2
Regular Meeting of May 6, 2024
C. Approve a Temporary On-Sale Liquor License for Albertville Friendly City Days for
June 5 through June 9, 2024, for the Annual Albertville Friendly City Days Festival
contingent upon receipt of liquor liability insurance certificate.
D. Approve a temporary on-sale liquor license for Albertville Lions for June 7 through 9,
2024, for the Annual 2024 Friendly City Days Festival event.
E. Approve street closures as requested for Albertville Friendly City Days and extended
hours for Central Park for June 5 through June 9, 2024.
F. Approve Special Event Permit for the Family Youth Community Connections to hold
their Dueling Pianos event on June 14, 2024, from 6 pm to 10 pm in Central Park
contingent upon receipt of certificate of liability insurance.
G. Approve Special Event Permit including a Temporary Outdoor Music Permit for BJ’s
Sport Tavern located at 5788 Main Avenue NE for their Special Event on June 8, 2024,
during Albertville Friendly City Days.
H. Approve Driveway Replacement Contract for property owner Tyren Schmidt located at
11420 54th Street NE, Albertville, MN 55301 – PID 101-016-003010.
I. Approve Special Event Permit for Cirque Entertainment LLC for their Cirque Italia
event located at the Albertville Premium Outlet Mall, 6415 Labeaux Avenue on May 16
through May 19, 2024 contingent upon receipt of the certificate of liability insurance.
J. Adopt Ordinance No. 2024-03 amending Title 9, Utilities and Public Services, Chapter
2, Water Use and Service relating to maintenance and repair responsibility in the
Albertville City Code.
K. Approve the City of Albertville’s Personnel Policy retirement language as amended.
There was Council discussion regarding the special event permit application for Cirque
Entertainment. City Clerk Luedke answered questions from Council regarding the application.
Finance Director Lannes answered questions from Council regarding the amendment to the City of
Albertville’s Personnel Policy.
MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to approve the
May 6, 2024, 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 presented reviewed the incidents that occurred in the
City within the past few weeks.
9. Department Business
A. City Council
1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
Councilmember Olson provided an update from the Parks Committee meeting and said Park’s Night
was scheduled for May 16 at Oakside Park, Linwood Park and Four Seasons Park.
B. Building – None
Agenda Page 10
City Council Meeting Draft Minutes Page 3
Regular Meeting of May 6, 2024
C. City Clerk – None
D. Finance – None
E. Fire
Fire Chief Bullen reported at the last Council meeting, Council inquired about the Albertville Fire
Department’s new Analytics Dashboard. He said the dashboard would provide the actual response
data that was submitted to the National Fire Academy. He discussed which statistics would be
available on the dashboard and answered questions from Council.
City Administrator Nafstad provided additional information regarding the current fire contract with
the City of Otsego and answered questions from Council.
F. Planning and Zoning – None
G. Public Works/Engineering – None
H. Legal – None
I. Administration
1. City Administrator’s Update
City Administrator Nafstad presented the City Administrator’s Update and recognized Michael
Jenkins on his retirement and Kyle Anderson on leaving the City to pursue a career as a full time
firefighter. He reported the City posted the job openings and were beginning interviews to fill their
positions. He said the City also had an additional budgeted public works position that the City
would be accepting applications for. City Administrator Nafstad provided information on upcoming
events.
10. Announcements and/or Upcoming Meetings
May13 STMA Arena Board, 6 pm
May 14 Planning Commission, 7 pm
May 20 City Council, 7 pm
May 27 City Offices closed in observance of Memorial Day
May28 Joint Power Water Board, 6 pm (Tuesday)
Parks Committee, 7 pm (Tuesday)
June 3 City Council, 7 pm
June 5-9 2024 Albertville Friendly City Days
11. Adjournment
MOTION made by Councilmember Cocking, second by Councilmember Olson to adjourn the
meeting at 7:46 pm. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The
motion carried.
Respectfully submitted,
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 11
ALBERTVILLE CITY COUNCIL SPECIAL MEETING
DRAFT MINUTES May 13, 2024 – 6:30 pm
Council Chambers
Albertville City Hall
1. Call to Order
Acting Mayor Cocking called the special meeting to order at 6:59 pm.
Present: Acting Mayor Cocking, Councilmembers Hayden and Zagorski.
Absent: Mayor Hendrickson and Councilmember Olson
Staff Present: City Administrator Nafstad and City Clerk Luedke
2. Full-time Maintenance Worker (Streets and Parks)
City Administrator Nafstad presented the staff report which included background information on
the interview process and the individuals being recommended for the positions. He answered
questions from Council regarding the process.
MOTION made by Councilmember Hayden, second by Councilmember Zagorski to hire Jericho
Siegle and Samuel maves for the full-time Maintenace Worker (Streets and Parks) position at a
starting wage of $32.28 per hour, conditioned on successful completion of a background check.
Ayes: Cocking, Hayden, and Zagorski. Nays: None. Absent: Hendrickson and Olson. The
motion carried.
3. Hire Albertville Reserve Firefighter
MOTION made by Councilmember Hayden, second by Councilmember Zagorski to authorize
the hiring of Matthew Norloff for the position of Reserve Firefighter with the Albertville Fire
Department. Ayes: Cocking, Hayden, and Zagorski. Nays: None. Absent: Hendrickson and
Olson. The motion carried.
4. Cancel May 20, 2024, City Council Meeting
MOTION made by Councilmember Hayden, second by Councilmember Zagorski to cancel the
regularly scheduled City Council meeting of May 20, 2024. Ayes: Cocking, Hayden, and
Zagorski. Nays: None. Absent: Hendrickson and Olson. The motion carried.
5. Adjournment
Acting Mayor Cocking adjourned the meeting at 7:07 pm.
Respectfully submitted,
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 12
Mayor and Council Request for Action
June 3, 2024
SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, June 3, 2024, 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 13
Mayor and Council Request for Action
June 3, 2024
SUBJECT: CONSENT – CLERK – APPROVE COMMUNITY FESTIVAL PERMIT
APPLICATION FOR NEIGHBOR’S EATERY AND SALOON
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
passing the following:
MOTION TO: Approve a Community Festival Permit Application for Neighbors Eatery and
Saloon located at 5772 Main Avenue NE for Wednesday, June 5 through Sunday, June 9, 2024.
BACKGROUND: The 2024 Albertville Friendly City Days festival will be held Wednesday,
June 5 through Sunday, June 9, 2024. Neighbors Eatery and Saloon has applied for a community
festival permit for the event in order to expand their patio into their parking lot during the event.
Minn. Stat. 340A.404 subd. 4(b) authorizes the governing body of a municipality to authorize a
holder of an on-sale intoxicating liquor license issued to dispense intoxicating liquor off
premises at a community festival held within the City. The authorization shall specify the area in
which the intoxicating liquor must be dispensed and consumed, and shall not be issued unless the
licensee shows that it has liability insurance as prescribed by Minn. Stat. 340A.409 to cover the
event.
KEY ISSUES:
• Neighbors Eatery and Saloon has submitted a Community Festival Permit for June 5
through June 9, 2024, during the 2024 Albertville Friendly City Days Festival.
• Neighbors has submitted a map of the proposed permit area as to where the alcohol will
be served and consumed. The proposed area includes part of their parking lot. The area
will be fenced in with controlled entrances and must follow requirements set forth by the
Albertville Fire Chief.
• Neighbors has submitted the required insurance liability certificate for their Community
Festival Permit.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to approve or deny requests for community festival permits applications.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
On File:
• Neighbor’s Community Festival Permit Application is on file in the City Clerk’s office
Agenda Page 14
Mayor and Council Request for Action
June 3, 2024
SUBJECT: CONSENT – CLERK – SPECIAL EVENT PERMIT FOR THE 152 CLUB FOR
THE CHAD SMITH RIDE FOR LIFE EVENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve a Special Event Permit including a Temporary Outdoor Music Permit
for The 152 Club located at 5794 Main Avenue NE for the Chad Smith Ride for Life Benefit
event on June 15, 2024.
BACKGROUND: The 152 Club has submitted a special event permit application which
included an outdoor music permit for the Chad Smith Ride for Life event on Saturday, June 15,
2024. The benefit event will be held at The 152 Club starting at 5 pm.
KEY ISSUES:
• The event will be held at the 152 Club located at 5794 Main Ave NE on June 15, 2024.
• The applicant has submitted a site plan showing the location of the bike parking to allow
for biker’s safety in and out of area and has indicated the St. Michael Fire Department
will be escorting the bikers.
• The bike parking area will be controlled by manned cones which will not completely
block the street from 9 am to 10:30 am and again from 4:30 pm to 5:30 pm. The
applicant will follow the requirements set forth by the Albertville Fire Chief.
• The 152 Club’s special event permit application includes a request for a temporary
outdoor music permit for the event. They are requesting outdoor music from 7:30 pm to
11:59 pm.
POLICY/PRACTICES CONSIDERATIONS: Special events permits are subject to the
approval of the City Council.
LEGAL CONSIDERATIONS: The applicant shall comply with the regulations for a special
event permit and outdoor music ordinance.
Responsible Person: Kris Luedke, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
On File:
• The 152 Club’s special event permit application is on file in the City Clerk’s Office
Agenda Page 15
Mayor and Council Request for Action
Jun 3, 2024
SUBJECT: CONSENT – PUBLIC WORKS – PURCHASE OF ZERO TURN TORO 4000
SERIES MOWER
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve the purchase of a Toro 4000 Z master HDX Pro With 52” deck and
bagger for the amount of $14,669 from Minnesota Equipment.
INFORMATION: The City has received a quote from Minnesota Equipment and Lano
Equipment for a mower for the Public Works department.
KEY ISSUES:
• The pricing for the mower is based on the Minnesota State Contract Pricing.
• The mower will ultimately replace the 2014 Toro 3000 series mower
• The purchase is consist with the city’s CIP and planned for 2024.
POLICY CONSIDERATIONS: It is the Mayor and Council’s policy to review and approve the
purchases for the Public Works Department.
FINANCIAL CONSIDERATIONS: The funds for mower would come from capital reserves
designated for public works equipment.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve
equipment purchases.
Responsible Person: Tim Guimont, Public Works Supervisor
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment:
• Proposal from Minnesota Equipment
Agenda Page 16
Salesperson : X ______________Accepted By : X ______________
Confidential
Quote Summary
Prepared For:
CITY OF ALBERTVILLEPO BOX 131ALBERTVILLE, MN 55301TGUIMOUNT@CITYOFALBERTVILLE.COM
Prepared By:
Shane FisherMinnesota Equipment, Inc.13725 Main StreetRogers, MN 55374Phone: 763-428-4107Mobile: 763-204-1171shanefisher@mnequip.com
Quote Id:30912892
07 May 2024
28 May 2024
Created On:
Last Modified On:
Expiration Date:31 May 2024
Equipment Summary Selling Price Qty Extended
TORO 4000 Z MASTER HDX PRO -
52" DECK - 74010
MINNESOTA STATE CONTRACT
PRICING - CONTRACT #243333
$ 10,787.00 X 1 = $ 10,787.00
TORO TWIN BAGGER ASSEMBLY
MINNESOTA STATE CONTRACT
PRICING - CONTRACT #243333
$ 3,882.00 X 1 = $ 3,882.00
Equipment Total $ 14,669.00
Quote Summary
Equipment Total $ 14,669.00
SubTotal $ 14,669.00
Est. Service Agreement Tax $ 0.00
Total $ 14,669.00
Balance Due $ 14,669.00
Agenda Page 17
Albertville Fire Department – May 2024 Incident Data
Incident Data Thru 5/30/2024
Agenda Page 18
Albertville Fire Department – May 2024 Incident Data
Incident Data Thru 5/30/2024
Agenda Page 19
Mayor and Council Request for Action
June 3, 2024
SUBJECT: LEGAL – POTTER PROPERTY ORDINANCE ENFORCEMENT
RECOMMENDATION: The purpose of this memo is to update the City Council on the progress
of the cleanup on Mike Potter’s property.
BACKGROUND: For many years Mike Potter has used his property on the corner of County
Highway 137 and Mackenzie Avenue to store a significant amount of construction materials,
equipment, tree waste, used pallets and miscellaneous junk as well as leasing a portion of the
property to a landscaping company. None of these uses were permitted by the City’s Zoning
Ordinance and the City had received many nuisance complaints on the property. Last fall the City
brought suit against Mike and Heidi Potter as well as Potter’s tenant, Norby Landscaping, seeking
to have the property cleaned up and to halt uses that are not consistent with the Zoning Ordinance.
Norby Landscaping moved out of the property this spring and appears to have cleaned up its
portion of the site. In the last two months, Mike Potter has made good progress in getting rid of
many of the items causing the nuisance on the property. There still remains on the property a semi-
trailer, a 5th-wheel attachment used to move semi-trailers, some piping, the Villas restaurant sign,
a small amount of miscellaneous construction supplies, a shipping container, and a few tractors.
The property as a whole appears to be about three-quarters cleaned up at this point. Mike Potter
intends to continue cleaning the property up. The outstanding question is when the property
cleanup will be finished.
Pictures from March 18, 2023, and from May 29, 2024 are attached so that the Council can see the
progress that has been made to date.
KEY ISSUES:
•This case is currently in Wright County District Court. The pretrial conference is
scheduled for July 29, 2024, but no trial date has been scheduled at this point.
•Mike Potter and I have discussed his progress and are in the process of seeing whether
Mike can lay out a schedule to finish cleaning up the property that might be acceptable to
the City. If so, that schedule would likely become a basis for a settlement agreement.
POLICY/PRACTICES CONSIDERATIONS: The City will typically continue on with the case
until a settlement is reached or the case goes to trial.
FINANCIAL CONSIDERATIONS: A settlement in this case would be the most cost effective
way to resolve this matter.
LEGAL CONSIDERATIONS: The City Council can discuss this matter publicly with the
Potters at a City Council meeting. However, as a matter under litigation, the City Attorney will not
want to discuss litigation strategy publicly and would prefer to keep the discussion focused on a
timeline for cleaning up the property that may be acceptable to the City which can form the basis
for a settlement agreement.
Agenda Page 20
Mayor and Council Request for Action – June 3, 2024
Legal – Potter Property Enforcement Page 2 of 2
Responsible Person: Mike Couri, City Attorney.
Submitted Through: Adam Nafstad, City Administrator/PWD.
Attachments:
•Photos of Property in March 2023 and May 2024
Agenda Page 21
MARCH, 2023
Agenda Page 22
MARCH, 2023
Agenda Page 23
MARCH, 2023
Agenda Page 24
MARCH, 2023
Agenda Page 25
MARCH, 2023
Agenda Page 26
MARCH, 2023
Agenda Page 27
MAY, 2024
Agenda Page 28
MAY, 2024
Agenda Page 29
MAY, 2024
Agenda Page 30
MAY, 2024
Agenda Page 31
MAY, 2024
Agenda Page 32
MAY, 2024
Agenda Page 33
MAY, 2024
Agenda Page 34
Mayor and Council Request for Action
June 3, 2024
SUBJECT: LEGAL – EVERBROOK DAYCARE DEVELOPER’S AGREEMENT
AMENDMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve First Amendment to Planned Unit Development Shoppes at Towne
Lakes Two (Everbrook Daycare Developer’s Agreement).
BACKGROUND: Oppidan Holdings LLC is proposing the construction of an 11,500+ square
foot daycare center on Lot 2 and 3 Block 1 Shoppes at Towne Lakes Two, entitled Everbrook
Daycare. As part of the approval process, Oppidan is required to enter into an amended
Developer’s Agreement addressing the changed conditions arising from the daycare
development.
KEY ISSUES:
• The requirement in the original Developer’s Agreement that two of the lots in Shoppes
of Town Lakes Two be developed as restaurants has been deleted. One of those lots was
Lot 2, which will now be developed as a daycare and the other was Lot 5, which was
developed as a Perkins restaurant which fulfilled the requirement in the developer’s
agreement that it be initially developed as a restaurant use.
• The Amendment revises the site plan for the daycare building and parking configuration
as approved by the City Council.
• The Amendment requires the dedication of a drainage and utility easement over a new
water line that will be installed by the developer.
POLICY/PRACTICES CONSIDERATIONS: This Amendment implements the policy
changes that were approved by the City Council in approving the Everbrook development.
FINANCIAL CONSIDERATIONS: The development will increase the City’s tax base upon
its completion. No other financial impacts are expected from this Agreement.
LEGAL CONSIDERATIONS: Except as amended by this Amendment, the provisions of the
original Developer’s Agreement remain in force.
Responsible Person: Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Amended Developer’s Agreement
Agenda Page 35
1
CITY OF ALBERTVILLE
FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT
SHOPPES AT TOWN LAKES TWO
THIS AGREEMENT, entered into this ______ day of __________, 2024 by
and between Oppidan Holdings, LLC, referred to herein as “Developer”; and the
CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter
referred to as “City”;
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described as
Lots 2 and 3, Block 1, Shoppes at Towne Lakes Two, according to the plat of record
filed in the Wright County Recorder’s Office, Wright County, Minnesota
(hereinafter “Said Plat” or “Subject Property”); and
WHEREAS, Developer wishes to combine said lots 2 and 3 and provide for
different uses on the Subject Property than is currently allowed in that development
agreement entitled “Planned Unit Development Shoppes at Town Lakes Two”
recorded as document number A1022067 in the Wright County Recorder’s Office,
Wright County, Minnesota (“Original Developer’s Agreement”); and
WHEREAS, the intent of the parties is that this First Amendment to Planned
Unit Development Shoppes at Town Lakes Two (“Amended Agreement”) to apply
only to the Subject Property; and
WHEREAS, the City has given final approval of the development of the
Subject Property, subject to certain requirements, including, but not limited to,
matters set forth herein; and
Agenda Page 36
2
WHEREAS, the City has approved the combination of said Lots 1 and 2 into
a single lot, and Developer has recorded a City Resolution to that effect at the Wright
County Recorder’s Office;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party’s promises and considerations herein set
forth, as follows:
1. Agreements Intended to be Read Together. The parties intend that Original
Development Agreement and the Amended Agreement be read together with the
Amended Agreement modifying the Original Development Agreement only in
those instances where it explicitly modifies the Original Development Agreement.
2. Permitted Uses and Property Development.
A. Paragraph 1.B. of the Original Development Agreement is amended as
follows:
i. Paragraph 1.B.2. is deleted in its entirety.
ii. Paragraph 1.B.3 is deleted in its entirety.
iii. Paragraph 1.B.5 shall not apply to the said Lots 2 and 3.
iv. The remaining portions of Paragraph 1.B. shall remain unchanged.
B. Developer shall develop the Property consistent with the following plans:
i. Site Plan attached as Exhibit 1 to this Amendment.
ii. Architectural Building Elevations attached as Exhibit 2 to this
Amendment.
iii. Photometric plan attached as Exhibit 3 to this Amendment.
iv. All ground mounted or rooftop mechanical equipment must be
screened from view of adjoining properties and public streets.
v. Utilities shall be installed consistent with the Utility Plan attached
Exhibit 4 to this Amendment.
vi. The Property shall be graded consistent with the Grading and
Drainage Plan attached as Exhibit 5 to this Amendment.
Agenda Page 37
3
3. Utility Easements.
A. In the event that the City disturbs improvements installed by Developer
over drainage and utility easements, the City shall restore said disturbed
surface to a gravel surface and Developer shall be responsible for restoring
its improvements at Developer’s cost.
B. Developer shall provide the City with a permanent drainage and utility
easement over that portion of the Subject Property as described on Exhibit
6 attached to this Agreement.
4. Lot Combination. Lots 2 and 3, Block 2, Shoppes of Towne Lakes are hereby
combined into one lot.
5. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand (to the
City Clerk for the City) or registered mail addressed as follows to the
following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Oppidan Holdings, LLC
_______________
_______________
Telephone: ____________
Facsimile: ____________
5. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs,
successors and assigns of the parties hereto.
Agenda Page 38
4
CITY OF ALBERTVILLE,
By_______________________
Jillian Hendrickson, Its Mayor
By_______________________
Kris Luedke, Its Clerk
OPPIDAN HOLDINGS, LLC
By _______________________
Its: ____________________
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ____________
day of ___________________, 2024, by Jillian Hendrickson as Mayor of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
___________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
Agenda Page 39
5
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ____________
day of __________________, 2024, by Kris Luedke, as Clerk of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
___________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ____________
day of ________________, 2024, by ____________________, as ______________
of Oppidan Holdings, LLC.
___________________________________
Notary Public
DRAFTED BY:
Couri & Ruppe PLLP
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
Agenda Page 40
6
EXHIBIT 1 TO AMENDMENT
Site Plan
EXHIBIT 2 TO AMENDMENT
Architectural Building Elevations
EXHIBIT 3 TO AMENDMENT
Photometric plan
EXHIBIT 4 TO AMENDMENT
Utility Plan
EXHIBIT 5 TO AMENDMENT
Grading and Drainage Plan
EXHIBIT 6 TO AMENDMENT
Permanent Drainage and Utility Easement
Agenda Page 41
1
EXHIBIT 6
PERMANENT DRAINAGE AND UTILITY EASEMENT
Oppidan Holdings, LLC, a Minnesota limited liability company, Grantor, for
valuable consideration, receipt of which is hereby acknowledged, does hereby
convey and warrant to the City of Albertville, a municipal corporation under the
laws of the State of Minnesota, Grantee, for public drainage and utility purposes,
together with the unrestricted right to improve the same, the following described
permanent public drainage and utility easement over, across and under real estate
in the County of Wright, in the State of Minnesota, legally described as follows:
[LEGAL DESCRIPTION OF EASEMENT]
Dated: February _____, 2024
Oppidan Holdings, LLC
______________________________
By: _________________________
Its: _________________________
STATE OF MINNESOTA )
) s.s.
COUNTY OF _________ )
Agenda Page 42
2
Subscribed and sworn to before me this ______ day of ________, 2024 by
_______________________ as _______________________ of Oppidan
Holdings, LLC.
______________________________
Notary Public
This instrument was drafted by:
Couri & Ruppe, P.L.L.P.
PO Box 369
St. Michael, MN 66476-0369
Phone: (763) 497-1930
Agenda Page 43
City Administrator’s Update
May 30, 2024
GENERAL ADMINISTRATION
Albertville Friendly City Days Social: This year’s social will be on the Thursday, June 6, 2024, at
6 pm in Central Park in the Beer Gardens by the Main Stage. Thursday night is the Albertville
Firemen’s Relief Craft Beer night.
Albertville Fire Department: The Albertville Fire Department is planning an Open House on
Saturday, June 8, 2024, from 9 am to noon during this year’s Friendly City Days Festival.
League of Minnesota Cities 2024 Annual Conference: This event will be held on Wednesday,
June 26 through Friday, June 28, 2024, in Rochester, MN at the Rochester Mayo Civic Center.
Registration is now open for the event. Please let me know if you would like to attend this year.
Annual Recycling Rate Increase: In 2021, the City negotiated the 5-year contract extension with
Republic Services. Resolution No. 2021-016 was approved on March 15, 2021, setting the
recycling fees for the five-year period. Beginning June 1, 2024, through May 31, 2025, the new
recycling rate will be $4.81.
2024 Elections: Filing for City Offices will begin July 30 and run August 13, 2024. In-person
absentee voting at the Albertville City Hall for the August 13 Primary Election will begin
Monday, July 1, 2024. Campaign signs of all sizes are allowed beginning June 28. (46 days
before the state primary in a state general election year until 10 days following the state
general election.)
July 1 Council Meeting: A reminder there will not be a Council meeting the first week of July.
Parks Committee: The Parks Committee held their Explore Your Parks Night event on Thursday,
May 16 in Oakside Park, Villas Park and Winter Park. The event featured a Public Works
equipment display, the Albertville Fire Department, Wright County Sheriff’s Office K9 Unit and
other family entertainment. The event was well attended.
Parks Committee Vacancy: The Parks Committee still has a vacancy due to a resignation. The
vacancy has been posted on the City’s website and Facebook page.
Code/Zoning Enforcement: The code enforcement regarding 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.
Agenda Page 44
City Administrator’s Update Page 2 of 2 May 30, 2024
ENGINEERING/PUBLIC WORKS
49th Street NE (St. Michael Sewer): Albertville and St. Michael have a sanitary sewer agreement
for Albertville to provide sewer service to 250 single family properties in St. Michael south of
Fieldstone Elementary. Currently, approximately 172 homes are complete and in service. The
next phases of the residential subdivisions will require the developer to connect a sewer line to
an existing manhole in the Kagan Avenue and 49th Street intersection in our Albert Villas
neighborhood. The connection will require the developer to completely reconstruct the short
segment of 49th Street. I anticipate the work will begin this month.
Main Avenue NE Reconstruct: Preliminary design and engineering is underway and we are
coordinating the project with Xcel Energy as part of their Main Avenue feeder upgrades. Design
concepts will be presented at a future meeting this summer.
2024 Street Overlay: The project is expected to begin the second week of July.
2024 Concrete Improvements: With the exception of restoration, the project is complete.
WWTF Improvements: The project continues to progress well. Currently, the Contractor is
working to complete the oxidation ditch upgrades.
Generator Improvements: All three generators have been ordered. The generator for the fire
hall and Villas Lift Station are expected to arrive by the end of the year. The trailer mounted
generator is expected within the next 4 weeks.
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.
Upcoming Events:
• June 5-9 – 2024 Albertville Friendly City Days Festival
• June 6 – Albertville Friendly City Days Social
• June 8 – Albertville Fire Department Open House
• June 13 – Opening day of the Albertville Farmer’s Market
• June 14 – FYCC Dueling Piano Event
Agenda Page 45