2024-08-19 City Council Agenda Packet - Amended
City of Albertville Council Agenda
Monday, August 19, 2024
City Council Chambers
7 pm
6:15 pm – Council Workshop for 2025 Preliminary Budget – Council Chambers
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public Forum
and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes.
1. Call to Order
2. Pledge of Allegiance – Roll Call Pages
3. Recognitions – Presentations – Introductions
4. Public Forum – (time reserved 5 minutes)
5. Amendments to the Agenda
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order 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 August 5, 2024 Budget Workshop Meeting minutes as presented, 4-5
B. Authorize the Monday, August 19, 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.
6
C. Adopt the following Resolutions imposing civil penalty for liquor license violations
according to Albertville City Code Section 4-1-15.
• Resolution No. 2024-21 imposing civil penalty for a liquor license violation occurring
on June 23, 2024, at KWIK Trip, INC dba Kwik Trip#1020, 6300 LaBeaux Avenue.
• Resolution No. 2024-22 imposing civil penalty for a liquor license violation occurring
on June 23 and August 6, 2024, at DGA Corporate dba El Bamba, 5986 Main Avenue.
7-10
D. Authorize the promotion of Benjamin Stock to the position of Probationary Paid-On-Call
Firefighter with the Albertville Fire Department. 11-12
E. Approve a revision to the Personnel Requirements section of the Albertville Fire
Department’s Standard Operating Policies and Procedures.
13-14
F. Adopt Resolution No. 2024-23 accepting a donation in the amount of $5,000 from the
STMA Rotary Club for the purchase and installation of a sunshade for Central Park.
15-16
G. Approve an On-Sale Temporary Liquor License application for the Albertville Lions Club
for a Music in the Park event on September 5, 2024, from 6 pm to 8:30 pm.
17
7. Public Hearing – None
8. Wright County Sheriff’s Office – Updates, reports, etc.
City of Albertville City Council Agenda
Monday, August 19, 2024 Page 2 of 3
9. Department Business
A. City Council
1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.)
B. Building – None
C. City Clerk
1. Set Truth in Taxation Hearing
(Set the Truth in Taxation Hearing for the 2025 Levy for 6:15 pm on Monday
December 2, 2024, in the Albertville Council Chambers.)
* 2. Special Event Permit for the Church of St. Albert’s Annual Parish Festival 18-19
(Motion to approve a Special Event Permit including an Outdoor Music Permit for the
Church of St. Albert’s Annual Parish Festival on September 14 and September 15,
2024, to be located at the Church of St. Albert.)
D. Finance – None
E. Fire
* 1. Replacement of the Fire Station Apparatus Bay Floor Coating 20-21
(Motion to authorize the removal and replacement of the apparatus bay floor coating
at the Fire Station.)
* 2. Replacement of the Fire Station Wall and Window Caulking 22-23
(Motion to authorize the removal and replacement of the exterior wall and window
caulking at the Fire Station.)
F. Planning and Zoning – None
G. Public Works/Engineering
1. Purchase of 2024 Ford F-150 4X2 Regular Cab Truck with 8’ box 24-25
(Motion to approve the purchase of a 2024 Ford F-150 4x2 Regular cab long box for
$40,074.19.)
2. Central Park Playground Concept 26
3. Linwood Park Sport Courts Discussion
H. Legal – None
I. Administration
1. City Administrator’s Update 27-28
* 2. Approving Purchase of Property by the City 29-35
(Motion to adopt Resolution No. 2024-24 approving the purchase of property by the
City and the execution of related documents.)
* 3. Louanne Loewen Property Discussion
City of Albertville City Council Agenda
Monday, August 19, 2024 Page 3 of 3
10.Announcements and/or Upcoming Meetings
August 26
September 2
September 3
September 9
September 10
Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
City Hall closed in observance of Labor Day
City Council, 7 pm (Tuesday)
STMA Arena Board, 6 pm
Planning Commission, 7 pm
11.Adjournment
*Items added at the City Council meeting
ALBERTVILLE CITY COUNCIL WORKSHOP
DRAFT MINUTES August 5, 2024 – 6:15 pm
Council Chambers
Albertville City Hall
1.Call to Order
Mayor Hendrickson called the workshop to order at 6:29 pm.
Present: Mayor Hendrickson, Councilmembers Cocking and Olson.
Councilmember Hayden arrived at 6:34 pm.
Absent: Councilmember Zagorski
Staff Present: City Administrator Nafstad, Chief Bullen, Finance Director Lannes, and City
Clerk Luedke.
2.Continued 2025 Preliminary Budget Presentation
Finance Director Lannes reviewed the amount the City of Albertville contributes to the overall
operation of shared Senior Center and Library operations which is 24.91%. She answered
questions from Council regarding the City’s portion and the allocation formula used for the
amount the City contributes. She also provided information on the 2025 Otsego Fire Contract
charges and options to phase out the funds received from the City of Otsego as it gets closer to
the end of the contract period.
City Administrator Nafstad provided additional information on the Fire Service contract and
reviewed the tax capacity formula used to determine the contract charges.
Fire Chief Bullen provided the history of the service contract and the formula that the other cities
providing fire services to Otsego were using. He answered questions from Council regarding the
service contract.
Finance Director Lannes presented 2025 estimated levy impacts to residential and commercial
properties within in the City for Council review.
There was Council discussion regarding the proposed levy samples and the levy impacts. The
Council considered capping the preliminary levy under 5%.
3. Discuss August 19 Workshop Topics
City Administrator Nafstad reported at the next workshop, City staff would provide an update on
the over Central Park strategic plan that the Albertville Parks Committees has a recommended
along with considerations for other land the City owns for example the compost site. City
Administrator Nafstad reported the next budget workshop was scheduled for August 19, 2024, at
6:15 pm.
Agenda Page 4
City Council Workshop Draft Minutes Page 2
Meeting of August 5, 2024
4.Adjournment
MOTION made by Councilmember Cocking, second by Councilmember Olson to adjourn the
workshop at 6:59 pm. Ayes: Cocking, Hayden, Hendrickson, and Olson. Nays: None. Absent:
Zagorski. The motion carried.
Respectfully submitted,
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 5
Mayor and Council Request for Action
August 19, 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, August 19, 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 have 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 6
Mayor and Council Request for Action
_____________________________________________________________________________
August 19, 2024
SUBJECT: CONSENT – CLERK – IMPOSE CIVIL PENALTIES FOR LIQUOR
LICENSE VIOLATIONS
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Adopt the following Resolutions imposing civil penalties for liquor license
violations according to Albertville City Code section 4-1-15.
•Resolution 2024-21 imposing civil penalty for a liquor license violation occurring on
June 23, 2024, at Kwik Trip, INC dba Kwik Trip #1020, 6300 LaBeaux Avenue NE.
•Resolution 2024-22 imposing civil penalty for liquor license violations occurring on June
23 and August 6, 2024, at DGA Corporate dba El Bamba, 5986 Main Avenue.
BACKGROUND: The Wright County Sheriff’s Department, along with Wright County Public
Health staff performed alcohol compliance checks on the City’s liquor establishments on June
23, 2024 and then a re-check on August 6, 2024 on the two establishments that failed in which El
Bamba failed again. Under the direction of the Wright County Sheriff’s Department, an
underaged buyer attempted to purchase alcoholic beverages at the licensed establishment
throughout the City. The youth buyer was not disguised and provided their valid MN Driver’s
License if asked for proof of age. Two of the licensed establishments failed the compliance
check by selling alcohol to the underaged buyer.
The City is responsible for imposing civil penalties against the license holders. Minnesota Statute
340A.415 limits civil penalty fees to a maximum of $2,000 for each violation. The Albertville
City Code section 4-1-15 Suspension or Revocation of License; Civil Fine establishes guidelines
for the imposition of civil penalties against liquor licensee for liquor violations.
Wright County Public Health continues to offer alcohol sale training classes for all Wright
County Establishments. All establishments are notified of upcoming training classes and are
encouraged to attend.
KEY ISSUES:
•The Wright County Sheriff’s Department performed alcohol compliance checks on the
City’s liquor establishments on June 23, 2024.
•Two of the licensed establishments failed the compliance checks by selling alcohol to an
underaged buyer and one of the establishments failed the re-check on August 6, 2024.
•The City Council has the authority under the provisions of MN Statute Section 340A.415
to either revoke the license, suspend the license for up to 60 days, impose a civil penalty
of up to $2000 for each violation, or impose any combination of these sanctions.
•The City has adopted guidelines for enforcement which are contained in Albertville City
Code section 4-1-15 Suspension or Revocation of License; Civil Fine which call for fines
for the first and second violation within a two-year period, subject to Council discretion.
Agenda Page 7
Mayor and Council Request for Action – August 19, 2024
Consent – Clerk – Impose Civil Penalties for Liquor License Violations Page 2 of 2
•Per Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil
Fine, if the licensee should wish to dispute the fine, the establishment will be given an
opportunity to request a hearing in front of the Albertville City Council.
•Wright County Public Health provides all Wright County establishments alcohol sales
training classes.
FINANCIAL CONSIDERATIONS: The City of Albertville 2024 Fee Schedule provides the
violation fine amounts depending on the number of violations within a certain time frame.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to impose civil
penalties on establishments that fail the alcohol compliance checks.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments:
•Resolution No. 2024-21
•Resolution No. 2024-22
Agenda Page 8
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2024-21
RESOLUTION IMPOSING CIVIL PENALTY FOR A LIQUOR LICENSE
VIOLATION OCCURRING ON JUNE 23, 2024, AT KWIK TRIP, INC
DBA KWIK TRIP #1020, 6300 LABEAUX AVENUE NE
WHEREAS, the Wright County Sheriff’s Department, along with the Wright County
Public Health Staff, conducted alcohol compliance checks within the City of Albertville; and
WHEREAS, on June 23, 2024, a liquor violation, sale of liquor to a minor, occurred at
Kwik Trip #1020, 6300 LaBeaux Avenue NE in Albertville; and
WHEREAS, the liquor license violation was the first occurrence at this establishment
within a two-year period; and
WHEREAS, the City Council has the authority under the provisions of Section
340A.415 of Minnesota Statutes to either revoke the license or permit, suspend the license or
permit for up to 60 days, impose a civil penalty of up to $2000 for each violation, or impose any
combination of these sanctions; and
WHEREAS, the City has adopted guidelines for enforcement which are contained in
Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine which call
for a $500 fine for the first violation within a two-year period, subject to Council discretion; and
WHEREAS, per Albertville City Code section 4-1-15 Suspension or Revocation of
License; Civil Fine, if Kwik Trip #1020 should wish to dispute the fine, the establishment will be
given an opportunity to request a hearing in front of the Albertville City Council.
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that a civil
penalty of $500 is hereby imposed on the license holder pursuant to Albertville City Code
section 4-1-15.
Adopted by the City Council of the City of Albertville this 19th day of August 2024.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 9
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2024-22
RESOLUTION IMPOSING CIVIL PENALTY FOR A LIQUOR LICENSE
VIOLATION OCCURRING ON JUNE 23 AND AUGUST 6, 2024, AT DGA
CORPORATE DBA EL BAMBA, 5986 MAIN AVENUE
WHEREAS, the Wright County Sheriff’s Department, along with the Wright County
Public Health Staff, conducted alcohol compliance checks within the City of Albertville; and
WHEREAS, on June 23, 2024, a liquor violation, sale of liquor to a minor, occurred at
El Bamba, 5986 Main Avenue in Albertville; and
WHEREAS, the Wright County Sheriff’s Department conducted re-checks on August 6,
2024, and the establishment failed the second compliance check which was the second
occurrence at the restaurant within a two-year period; and
WHEREAS, the City Council has the authority under the provisions of Section
340A.415 of Minnesota Statutes to either revoke the license or permit, suspend the license or
permit for up to 60 days, impose a civil penalty of up to $2000 for each violation, or impose any
combination of these sanctions; and
WHEREAS, the City has adopted guidelines for enforcement which are contained in
Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine which call
for a $1,000 fine for the second violation within a two-year period, subject to Council discretion;
and
WHEREAS, per Albertville City Code section 4-1-15 Suspension or Revocation of
License; Civil Fine, if El Bamba should wish to dispute the fine, the establishment will be given
an opportunity to request a hearing in front of the Albertville City Council.
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that a civil
penalty of $1,000 is hereby imposed on the license holder pursuant to Albertville City Code
section 4-1-15.
Adopted by the City Council of the City of Albertville this 19th day of August 2024.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 10
Mayor and Council Request for Action
August 19, 2024
SUBJECT: CONSENT – FIRE – AUTHORIZE THE PROMOTION OF A
PROBATIONARY PAID-ON-CALL FIREFIGHTER
RECOMMENDATION: It is respectfully requested that the Mayor and City Council authorize
the following:
MOTION TO: Authorize the promotion of the following individual to the position of
Probationary Paid-On-Call Firefighter with the Albertville Fire Department:
• Benjamin Stock
BACKGROUND: The Albertville Fire Department (AFD) currently has openings in the Paid-
On-Call membership and is requesting the approval to promote the above-named individual from
the position of Reserve Firefighter to Probationary Paid-On-Call Firefighter.
The Reserve Firefighter has met the requirements for promotion to Probationary Paid-On-Call
Firefighter as outlined in Section 5.4.1 (Reserve Firefighter) of the AFD Standard Operating
Policies and Procedures.
These requirements include, but are not limited to:
a. Completing Firefighter I/II, HazMat Operations
b. Completing CPR/Emergency Medical Responder (EMR)
c. Completing FEMA ICS / NIMS 100 / 200 / 700
d. Obtain an MBFTE Firefighter License
e. Obtain an EMSRB EMR Certification
f. Responding to at least 20% of the total calls per quarter
g. Attendance at regularly scheduled meetings and/or training drills and official events
The AFD Board of Officers voted unanimously for the promotion of the above-named individual
at their last meeting.
The AFD is asking for Council authorization for the promotion to Probationary Paid-On-Call
Firefighter.
If approved by the Council, the new Probationary Paid-On-Call Firefighter will be promoted on
Thursday, August 29th, at the Albertville Fire Department.
The new Probationary Paid-On-Call Firefighter will serve a probationary period for a minimum
of 12-consecutive months or as deemed necessary by the Fire Chief and/or Board of Officers.
KEY ISSUES:
• The AFD has an opening in the Paid-On-Call membership.
• One member has successfully completed the minimum requirements for promotion from
Reserve Firefighter to Probationary Paid-On-Call Firefighter.
Agenda Page 11
Mayor and Council Request for Action – August 19, 2024
Consent – Fire – Promotion of Probationary Paid-On-Call Firefighter Page 2 of 2
• The AFD Board of Officers voted unanimously for the promotion.
• If approved by the Council, the member will be promoted on Thursday, August 29th, at
the Albertville Fire Department.
FINANCIAL CONSIDERATIONS: The costs associated with the promotion are part of the
annual Fire Department Operating budget.
LEGAL ISSUES: The City Council has the authority to establish new positions and hire
personnel.
Responsible Person: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
Agenda Page 12
Mayor and Council Request for Council Action
August 19, 2024
SUBJECT: CONSENT – FIRE – STANDARD OPERATING PROCEDURE UPDATE
RECOMMENDATION: Staff respectfully requests Council consideration regarding a proposed
revision to the Personnel Requirements Policy of the Albertville Fire Department’s Standard
Operating Policies and Procedures.
MOTION TO: Approve a revision to the Personnel Requirements section of the Albertville Fire
Department’s Standard Operating Policies and Procedures.
BACKGROUND: The Albertville Fire Department (AFD) is currently operating under Standard
Operating Policies and Procedures (SOP’s) that were authorized, as a whole, by the City Council
in April 2021.
The current Personnel Requirements Policy needs a minor update. The proposed change in the
SOP is removing the word “medical” and replacing it with the word “response”, to accurately
reflect how the current SOP is being administered. There will be no operational change with the
SOP update.
The Board of Officers has discussed the proposed changes and is in support of the revision.
If approved by the Council, the updated SOP will be discussed and implemented at the next Fire
Department training night on Thursday, August 29th, 2024.
POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy for Council to review and
approve policies as they deem necessary.
Responsible Person: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
• Section 7.1.3 Personnel Requirements – Medical Companies SOP
• A full copy of the AFD SOP’s is available on request
Agenda Page 13
Albertville Fire Department
Standard Operating Policies and Procedures
Policy Title: Response Medical Companies
Chapter: 7.0 Personnel Requirements
Section: 7.1 Attendance
Sub-Section: 7.1.3 Response Medical Companies
Date: 04/20/2021 Updated: 08/19/2024
Page: 1 of 1
Page 1 of 1
7.1 Attendance
7.1.3 Response Medical Companies
A. To provide consistent coverage to overnight medical calls, each AFD Company will be
assigned to a “Response Medical Company” on a rotating, monthly, basis.
1. The current AFD Companies are outlined in Section 4.1 (Organizational Chart) of
the AFD Standard Operating and Response Guidelines.
2. The Deputy Fire Chief, Assistant Fire Chief, and Training Captain will be assigned
to a Response Medical Company.
B. During the assigned month, the designated Response Medical Company is responsible
for responding to ALL calls for service between the hours of 2200 and 0500. The
Response Medical Company will be responsible for responding during these hours from
Sunday night through Friday morning, including Holidays.
C. Personnel not on the assigned Response Medical Company, are not responsible for
responding to MEDICAL calls during the above Response Medical Company hours, unless
additional assistance is requested by the Response Medical Company, or another call for
service is paged out.
D. Any call, other than a medical call, shall be considered “All-Calls”, with all Firefighters
responding per Section 6.1.1 (Call Response Percentage Requirements) of the AFD
Standard Operating Policies and Procedures.
E. Should a Response Medical Company Firefighter need a pre-excused absence from their
Response Medical Company responsibilities, they shall notify their Company Officers.
The Company Officers shall determine if the Firefighter’s requested absence will be able
to be covered by the remaining Company personnel, or if the Firefighter will need to
find a replacement for the missed time.
F. All Firefighters are allowed, and encouraged, to respond to all Response Medical
Company calls outside of their own Response Medical Company months.
G. Failure to follow the Response Medical Company policy may result in disciplinary action
as outlined in Section 4.2 (Discipline Policy) of the AFD Standard Operating Policies and
Procedures.
Agenda Page 14
Mayor and Council Request for Action
August 19, 2024
SUBJECT: CONSENT – CLERK – STMA ROTARY CLUB DONATION FOR
CENTRAL PARK
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: adopt Resolution No. 2024-23 accepting a donation in the amount of $5,000
from the STMA Rotary Club for the purchase and installation of a sunshade for Central Park.
BACKGROUND: At the November 7, 2022, City staff received approval to purchase a
sunshade to be placed over the patio area adjacent to the skate park. The amount of the purchase
was $13,279.64 which would be financed with Park Dedications funds. The STMA Rotary Club
has offered to donate $10,000 towards the purchase and installation of the sunshade over a two
year period. The first donation of $5,000 was received on January 3, 2023, and accepted on
Resolution No. 2023-02. This will be the final $5,000 donation.
KEY ISSUES:
• At the November 7, City Council meeting, a quote from Midwest Playscapes for the
purchase and installation of a sunshade at Central Park was approved.
• The STMA Rotary Club has generously offered to pay $10,000 over a two year period for
the sunshade. The first payment of $5,000 was received on January 3, 2023, and accepted
on Resolution No. 2023-02. This is the final donation of $5,000.
FINANCIAL CONSIDERATIONS: The remainder of the cost for the purchase and installation
of the sunshade will be financed with Park Dedication funds.
LEGAL CONSIDERATIONS: The Mayor and Council are required by Minnesota State
Stature to acknowledge and accept all donations by Resolution.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment:
• Resolution No. 2024-23
Agenda Page 15
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2024-23
RESOLUTION ACCEPTING A DONATION IN THE AMOUNT OF $5,000 FROM
THE STMA ROTARY CLUB FOR THE PURCHASE AND INSTALLATION OF A
SUNSHADE FOR CENTRAL PARK
WHEREAS, the City of Albertville is authorized to accept contributions of real and
personal people pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens; and
WHEREAS, the STMA Rotary Clubs has offered to donate $10,000 towards the
purchase and installation of the sunshade over a two year period; and
WHEREAS, the City of Albertville has received the first donation in the amount of
$5,000 from the STMA Rotary Club on January 3, 2023, for the purchase and installation of the
sunshade which will be placed over the patio area adjacent to the skate park in Central Park; and
WHEREAS, this is the final donation in the amount of $5,000 from the STMA Rotary
Club for the purchase and installation of the sunshade which will be placed over the patio area
adjacent to the skate park in Central Park; and
WHEREAS, the City Council would like to thank the STMA Rotary Club and commend
them for their support of the Albertville Parks.
NOW, THERFORE, BE IT RESOLVED, by the City Council of the City of Albertville,
Minnesota, that the donation be accepted and acknowledged with gratitude.
BE IT FURTHER RESOLVED, that said funds shall be deposited to the appropriate
fund and used for the sunshade at Central Park for the Albertville Parks Department.
Adopted by the City Council of the City of Albertville this 19th day of August, 2024.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 16
Mayor and Council Request for Action
______________________________________________________________________________
August 19, 2024
SUBJECT: CONSENT – CLERK – TEMPORARY LIQUOR LICENSE FOR THE
ALBERTVILLE LIONS CLUB
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Approve an On-Sale Temporary Liquor License application for the Albertville
Lions Club for a Music in the Park event on September 5, 2024, from 6 pm to 8:30 pm.
BACKGROUND: The Albertville Lions have applied for a temporary liquor license for their
Music in the Park event scheduled for Thursday, September 5, 2024. The event will be held in
the Albertville Central Park including the Depot area.
KEY ISSUES:
• Music in the Park is held from 6 pm to 8:30 pm.
• The Lions submitted an on-sale temporary liquor license application for a Nostalgia Beer
Night event.
• Albertville Lions Club has submitted the $100 fee for a temporary liquor license event
and has provided the required certificate of liability insurance.
FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the
applicant for the liquor license.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and
approve or deny any liquor license.
Responsible Person: Kris Luedke, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
On File:
• The temporary liquor license application is on file in the City Clerk’s office
Agenda Page 17
Mayor and Council Request for Action
_____________________________________________________________________________
August 19, 2024
SUBJECT: CLERK – SPECIAL EVENT PERMIT FOR THE CHURCH OF ST.
ALBERT’S ANNUAL PARISH FESTIVAL
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Approve a Special Event Permit including an Outdoor Music Permit for the
Church of St. Albert’s Annual Parish Festival on September 14 and September 15, 2024, to be
located at the Church of St. Albert.
BACKGROUND: The Church of St. Albert has applied for a special event permit for their
annual Parish Festival on September 14 and 15, 2024. The church has also submitted an outdoor
music permit for Saturday, September 14 from 6 pm to 10 pm. The Saturday event will take
place in the Church’s parking lot located 11400 57th Street NE, Albertville. The Sunday,
September 15 event will take place in the St. Albert Parish Center parking lot at 5700 Lander
Ave NE from 11 am to 5 pm. The City Planner has reviewed the temporary outdoor music
application and reported that the location of the stage at the back of the Church’s parking would
meet City Code for approval of a temporary outdoor music permit.
KEY ISSUES:
• This is an annual fund-raising event for the Church and Parish Center.
• This event will be held in the Church’s parking lots and the Church is not requesting any
road closures.
• The organization has already obtained a temporary liquor license for the event.
• The $50 fee for a temporary outdoor music permit has been submitted for the event and
the City Planner has reviewed the application and reported it met City Code.
FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the
applicant for the outdoor music permit.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and
approve or deny any special event permit.
Responsible Person: Kris Luedke, City Clerk
Submitted through: Adam Nafstad, City Administrator-PWD
Attachments:
• Event map
• The Church of St. Albert‘s special event permit application is on file in the City Clerk’s
office
Agenda Page 18
Agenda Page 19
Mayor and Council Request for Action
_____________________________________________________________________________
August 19, 2024
SUBJECT: FIRE – REPLACEMENT OF THE FIRE STATION APPARATUS BAY FLOOR COATING
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Authorize the removal and replacement of the apparatus bay floor coating at the
Fire Station.
BACKGROUND: The Fire Department is requesting approval for the removal and replacement
of the apparatus bay floor coating at the Fire Station.
The Albertville Fire Station was built in 1999, and the apparatus bay floor coating is original to
the building and is now 25-years old. The apparatus bay floor coating has been failing for several
years, to the point that the concrete floor under the coating is becoming damaged. Further
damage to the concrete floor may cause considerable repairs in the near future.
The Fire Department has met with several contractors and looked at several material options over
the last 6 years and has received a quotation based on the Cooperative Purchasing Connection
and the Resource Training Solutions Service Cooperative.
The Fire Department is recommending replacement of the apparatus bay floor coating.
KEY ISSUES:
• The Fire Station apparatus bay floor coating has been failing for several years and is in
urgent need of replacement.
• The Fire Department has met with several contractors and looked at several material
options over the last 6 years.
• The Fire Department has received a quotation based on a Cooperative Purchasing
Connection and the Resource Training Solutions Service Cooperative.
• The Contractor has determined that the replacement would be completed by Mid-October
of this year.
• As part of this project, the Fire Department will need to replace the current vinyl base,
and there may be minimal concrete patching needed before the floor is completed, or
caulking work after the floor is completed.
POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all
capital purchases and repairs.
FINANCIAL CONSIDERATIONS: The quotation for the apparatus bay floor coating removal
and replacement is $23,100 and is based on the Cooperative Purchasing Connection and the
Resource Training Solutions Service Cooperative. The repair would be funded by Capital
Reserves.
Agenda Page 20
Mayor and Council Request for Action – August 19, 2024
Fire – Replacement of Fire Station Apparatus Bay Floor Coating Page 2 of 2
LEGAL CONSIDERATIONS: The City has the authority to purchase equipment, or make
repairs, under the State of Minnesota contract or by quotes.
Responsible Person: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
On File:
• Quote available on request
Agenda Page 21
Mayor and Council Request for Action
_____________________________________________________________________________
August 19, 2024
SUBJECT: FIRE – REPLACEMENT OF THE FIRE STATION WALL AND WINDOW CAULKING
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Authorize the removal and replacement of the exterior wall and window
caulking at the Fire Station.
BACKGROUND: The Fire Department is requesting approval for the removal and replacement
of the exterior caulking around the windows and in-between the concrete panels at the Fire
Station.
The Albertville Fire Station was built in 1999, and the caulking around the windows and between
the concrete panels is original to the building and is now 25-years old.
Over the last few years, the Fire Station has experienced several water leaks after significant
rainstorms. City staff has spent considerable time tracking the entry point of the water and
temporarily caulking these areas. Recently a walk-a-round of the building was completed, and
multiple areas of severely cracked and damaged caulk were identified.
The Fire Department received one quote for the removal, and replacement, of the old caulk.
The Fire Department is recommending replacement of the exterior window and concrete panel
caulk.
KEY ISSUES:
• The Fire Station has experienced significant water leaks after major rain events.
• The original building caulking is quickly failing and is in need of replacement.
• The contractor is booking two weeks out, and the project should last about a week.
POLICY CONSIDERATIONS: It is City policy for the Council to review and approve capital
purchases or repairs.
FINANCIAL CONSIDERATIONS: The quotation for the requested removal and replacement
is $13,532. The purchase would be funded by Capital Reserves.
LEGAL CONSIDERATIONS: The City has the authority to purchase equipment or make
repairs under the State of Minnesota contract or by quotes.
Responsible Person: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
Agenda Page 22
Mayor and Council Request for Action – August 19, 2024
Replacement of the Fire Station Wall and Window Caulking Page 2 of 2
On File:
• Quote available on request
Agenda Page 23
Mayor and Council Request for Action
August 19, 2024
SUBJECT: PUBLIC WORKS – PURCHASE OF 2024 FORD F-150 4X2 REGULAR CAB
TRUCK WITH 8’ BOX
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve the purchase of a 2024 Ford F-150 4x2 Regular cab long box for
$40,074.19.
INFORMATION: The City has received a quote from Midway Ford for the Pickup, to be used
by Public Works.
KEY ISSUES:
•The pricing for the pickup is based on the Minnesota State Contract Pricing.
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 the pickup 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 Midway Ford
Agenda Page 24
Midway Ford Commercial Travis Swanson
Fleet and Government Sales 651-343-5212
2777 N. Snelling Ave. tswanson@rosevillemidwayford.com
Roseville MN 55113
Fax # 651-604-2936
FTM11 Contract # 169665
Standard
Automatic Transmission 40/20/40 Vinyl Seat 2.7L EcoBoost V6
Air Conditioning Dual Front Air Bags Rubber Floor Covering
AM/FM Radio 4-Wheel ABS Brakes Bumpers w/Rear Step
Matching Full Size Spare Tire Tilt Wheel Cruise Control
Power Windows Power Locks Hitch
Rear View Camera Bluetooth
Options Code Price Select Exterior Colors Code Select
3.73 E-Locker XL6 $518 x Blue Jeans Metallic N1
Cloth Seats CS N/C x Race Red PQ
5.0L V8 995 $1,246 x Stone Gray D1
Spray-in Bedliner 96W $542 x Agate Black UM
Magnetic Metallic J7
Ingot Silver Metallic UX
Oxford White YZ x
Extended Service Contracts Cost Select
7 year/75,000 mile $2,570
PremiumCare Warranty
(Bumper to Bumper)
Option Total $2,306
You must have a active FIN code to participate in this
Base Price Totals purchase contract : FIN code #
$34,870.32 Purchase Order required prior to order placement
Options Price Totals $2,306.00
Extended Warranty PO #
Transit Impr Excise Tax $20.00
Tax Exempt Lic $47.00
6.875% Sales Tax $2,555.87 Name of Organization
Document fee $275.00
Sub total per vehicle $40,074.19
Number of Vehicles 1 Address
Grand Total for all units $40,074.19
City, State, Zip
Acceptance Signature Contact Person/ Phone #
Print Name and Title Date Contact's e-mail address and fax #
2024 F-150 4X2- Regular Cab- 8' Box
Agenda Page 25
Mayor and Council Communication
August 19, 2024
SUBJECT: PUBLIC WORKS – CENTRAL PARK PLAYGROUND CONCEPT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following information and provide any desired direction:
BACKGROUND: Central Park is located within the heart of downtown Albertville and is
surrounded by commercial and residential land uses. Central Park is home to many long-standing
traditions, including: the annual Albertville Friendly City Days, weekly summer Reading in the
Park, weekly summer/fall Farmer’s Market & Music in the Park along with many other youth
and community events.
For several years, the City’s Parks Committee has been exploring options to improve the play
equipment at Central Park. The park’s current playground and equipment were originally
installed in 1971, and a few pieces of equipment were replaced in 1998. The current ground
cover within the playground is a combination of sand and mulch, which is difficult to walk on,
and does not have a defined boarder, and does not meet accessibility requirements.
After many meetings and lengthy discussions, the Parks Committee is recommending the
proposed improvements include all new play structures, new surfacing, and new pedestrian
points of access. It is recommended that the play area surfacing be a poured in place rubberized
safety surfacing, bordered by an ADA concrete walkway surrounding the playground. The
recommended concept also includes features such as shade structures, seating, and landscaping.
The preliminary estimate for the concept is $1,476,000.
In 2024, the City submitted a grant application to the DNR for $350,000 and was not successful.
It is anticipated that the City will submit again in 2025.
At Monday’s meeting, staff will present the Parks Committee’s layout concept, as well as the
playground equipment design.
Ultimately, staff is seeking feedback on the concept, funding, and preferred timing of the
playground improvements.
Submitted Through: Adam Nafstad, City Administrator-PWD
Agenda Page 26
City Administrator’s Update
August 15, 2024
GENERAL ADMINISTRATION
2025 Preliminary Budget Workshops: The 2024 Budget Workshop #3 is scheduled for August
19 at 6:15 pm prior to regularly scheduled City Council meeting.
I-94 Gap Groundbreaking: The I-94 West Corridor Coalition is hosting a project groundbreaking
on Friday, August 16, at 10 am at the MnROAD Facility.
Transportation Alliance Fly-In: The annual D.C. fly-in event will be September 17 to 19. The I-94
Coalition is working to set up meetings with Minnesota’s congressional members. Please let me
know if you are interested in attending.
2024 Primary Election: As of August 13, the City of Albertville has 5,039 registered voters. For
the Primary Election, 250 residents voted at the polls on Election Day and 47 residents absentee
voted leading up to the election for a total voter turnout of approximately 6%.
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 City is working on several properties regarding zoning
ordinance and/or nuisance ordinance violations. Generally, the violations include outdoor
storage of vehicles, materials, and/or equipment, and typically include junk accumulation and
illegal structures.
ENGINEERING/PUBLIC WORKS
I-94 Gap Project – Albertville to Monticello: The 3-year expansion project began on July 22.
This year crews will prepare the work zone, including temporary lane widening and median
crossovers. Major construction will take place spring 2025 to fall 2026. Overall, I-94 will remain
open to two lanes, each direction, on one side of the interstate as crews construct the adjacent
side.
Main Avenue Reconstruct: Staff is working on preliminary design and is working to coordinate
a project schedule with Xcel.
2024 Street Overlay: The project is underway and is expected to be completed by the end of
the month.
WWTF Improvements: The project continues to progress well. Currently, the Contractor is
working to complete site grading and road construction.
Agenda Page 27
City Administrator’s Update Page 2 of 2 August 15, 2024
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 arrived last week.
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.
Agenda Page 28
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2024-24
RESOLUTION APPROVING THE PURCHASE OF PROPERTY BY THE CITY AND
THE EXECUTION OF RELATED DOCUMENTS
WHEREAS, Brenda and Hugh O’Donnell (the “Sellers”), own the property located at
11308 60th Street NE, PID No. 101014002020 (the “Property”) in the City of Albertville (the
“City”); and
WHEREAS, The City has proposed to acquire the Property from the Seller for a
purchase price of $130,000; and
WHEREAS, there has been presented before the City Council the form of the purchase
agreement (the “Purchase Agreement”) between the Sellers and the City, as buyer, setting forth the
terms and conditions under which the City will acquire the Property from the Sellers; and
WHEREAS, the purchase agreement has been prepared and is attached hereto as Exhibit A.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Albertville,
Wright County, Minnesota that:
1. The Purchase Agreement is hereby approved. The Mayor and City Clerk are authorized
and directed to execute the Purchase Agreement in substantially the form on file
2. In accordance with the Purchase Agreement shall become null and void at 5 pm on
September 4, 2024, unless, before that time, the City Administrator receives an original
of this Agreement bearing the original signature of Seller.
Adopted by the City Council of the City of Albertville on this 19th day of August 2024.
_______________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 29
City of Albertville
Resolution No. 2024-24
Meeting of August 19, 2024
Page 2
EXHIBIT A
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made by and between City of Albertville, a Minnesota municipal
corporation (“Buyer”) and Brenda O’Donnell and Hugh O’Donnell (collectively, “Seller").
In consideration of the mutual promises herein, the parties agree as follows:
1.Sale and Purchase of Property. Seller agrees to sell, and Buyer agrees to buy, certain real
property located at 11308 60th Street NE and situated in the City of Albertville, County of
Wright, State of Minnesota 55301, and legally described as Lot 2, Block B, Townsite of
Hamburg (hereafter, “Property” or “Real Property”), including the building located on said
Property and all plants, shrubs and trees, all storm windows and/or inserts, storm doors,
screens, awnings, window shades, blinds, curtain-traverse-drapery rods, attached lighting
fixtures with bulbs, plumbing fixtures, heating system, automatic garage door opener with
controls, located on the premises which are the property of Seller (collectively, the "Real
Property").
2.Purchase Price. Buyer agrees to pay to Seller, as the purchase price for the Real Property
(the "Purchase Price"), the sum of $130,000.00.
3.Earnest Money. Buyer shall deliver $2,000.00 cash or cashier’s check to Seller to be held as
earnest money when Buyer delivers this Agreement to Seller. The earnest money shall be
returned to Buyer if Seller does not accept this Agreement. The earnest money is part
payment for the purchase of the Real Property.
4.Remaining Balance. Buyer shall pay the remaining balance in cash at closing.
5.Deadline for Acceptance. This Purchase Agreement shall automatically become null and
void at 5:00 p.m. on September 4, 2024, unless, before that time, the City Administrator
receives an original of this Agreement bearing the original signatures of Buyer.
6.Title. Within a reasonable time after acceptance of this Agreement, Seller shall deliver to
Buyer an updated title abstract or a commitment for an owner's title insurance policy issued
by a Title Insurance Company licensed in the State of Minnesota, naming Buyer as the
proposed owner-insured of the Real Property in an amount not less than the Purchase Price
(the "Commitment"). If a Commitment is supplied, it shall commit to insure marketable title
in Buyer subject only to standard exceptions. Buyer shall pay any premium for an owner’s
or lender’s policy.
7.Title Objections. Buyer shall be allowed 20 business days after receipt of the updated
abstract or Commitment and survey to examine them and object to the marketability of the
title to the Real Property. Objections shall be made by written notice or they will be deemed
waived. If Buyer makes any objections, Seller shall immediately commence and diligently
endeavor to complete all actions necessary to cure Buyer’s objections. Seller shall be allowed
Agenda Page 30
City of Albertville
Resolution No. 2024-24
Meeting of August 19, 2024
Page 3
until closing to cure the objections and make the title to the Real Property good and
marketable of record in Seller, subject only to the exceptions listed in the commitment to
which Buyer did not object. When title is corrected, or Buyer waives any outstanding
uncorrected objections, Seller and Buyer shall perform this Agreement according to its terms.
8. Buyer’s Title Remedies. If the title to the Real Property, as evidenced by the abstract or
Commitment, is not good and marketable of record in Seller at the Closing Date, Buyer may
choose either of these options:
8.1. Elect to accept the title in its unmarketable condition by giving notice to Seller. In that
event, Buyer shall hold back enough money from the portion of the Purchase Price
payable at closing to cure the defects, shall apply the held-back funds to the cost of
curing the defects, including attorneys' fees, and shall pay the unexpended balance of
the held-back funds to Seller; or,
8.2. Terminate this Agreement by giving notice to Seller, in which event this Agreement
shall become null and void, all earnest money shall be refunded to Buyer, and neither
party shall be liable for damages to the other party.
9. Inspection and Environmental.
9.1. Well Disclosure. Seller certifies that it does not know of any wells on the described
Real Property. Municipal potable water is available to the Real Property. Buyer may
conduct any water quality tests it desires at its own expense.
9.2. Individual Sewage Treatment System Disclosure. Municipal sanitary sewer is
available to the Real Property.
9.3. Lead Paint Disclosure. Seller is not aware of the existence of lead paint on the
structure.
9.4. Environmental. Buyer may, at Buyers cost, obtain an Environmental Survey of the
Property. Seller has no knowledge regarding the existence of any hazardous chemicals
or pollutants on the Property.
9.5. License to Enter. Seller grants Buyer a limited license to enter the Real Property for
purposes of conducting soil tests to inspect the building and conducting an
environmental survey, which license shall automatically expire with the termination of
this Agreement.
10. Contingency. This Purchase Agreement is subject to the following contingencies:
10.1 Satisfactory environmental inspection of the Real Property, said inspection to be
conducted within 30 days of the date of acceptance of this Agreement by Buyer and
Seller. Within 10 days after the inspection, Buyer shall notify Seller of any
environmental problems discovered during such inspection and Seller shall have 30
Agenda Page 31
City of Albertville
Resolution No. 2024-24
Meeting of August 19, 2024
Page 4
days to cure such problems. If Seller fails to cure such problems within the 30 day cure
period, Buyer may proceed to purchase the Property under the terms of this Agreement
or may cancel this purchase agreement. If canceled, Seller shall refund Buyer’s earnest
money.
10.2 If Buyer conducts a Phase I environmental review and the firm hired to conduct said
Phase I environmental review recommends a Phase II environmental review, then the
Buyer shall have an additional 30 days to conduct the Phase II environmental review,
notwithstanding the provisions of Paragraph 10.1 above. Upon completion of the Phase
II environmental review, Within 10 days after receipt of the Phase II environmental
review by Buyer, Buyer shall notify Seller of any environmental problems discovered
during such inspection and Seller shall have 30 days to cure such problems. If Seller
fails to cure such problems within the 30 day cure period, Buyer may proceed to
purchase the Property under the terms of this Agreement or may cancel this purchase
agreement. If canceled, Seller shall refund Buyer’s earnest money. If this purchase
agreement is not cancelled, the closing date shall be adjusted accordingly to
accommodate such additional 30 day environmental review period and the Seller’s 30
day cure period.
10.3 Satisfactory inspection of the condition of the Property, including the building located
on the Property. Such inspection of the property shall be completed within 30 days.
This inspection is in addition to the environmental inspections set forth in Paragraph
10.1 and 10.2 above.
11. Closing. The closing shall take place no later than October 31, 2024 (the "Closing Date"),
unless contingencies remain unsatisfied, and may occur earlier if agreed upon by the Buyer
and Seller.
11.1 At the closing, Seller shall deliver to Buyer the following items:
i. A Warranty Deed properly executed by Seller in recordable form; and
ii. A Certificate of Real Estate Value and a Wright County Sewer Certificate
properly executed on behalf of Seller in recordable form; and
iii. A FIRPTA statement, executed by Seller; and
iv. A standard Seller’s Affidavit as may be required by Seller’s title insurer; and
v. Other documents executed by Seller which are necessary to record the
Warranty Deed and obtain title insurance in the name of the Buyer.
11.2 At the closing, the Buyer shall deliver to Seller cash in the amount of $128,000.00.
11.3 If a closer is used at the closing, Buyer and Seller shall split the closing fee equally
between them.
12. Real Estate Taxes. Real estate taxes shall be prorated between Buyer and Seller to the date
of closing. Seller represents that the real estate taxes due in the year of closing shall be non-
homestead and are not subject to preferential tax treatment (e.g. Green Acres). Seller shall
Agenda Page 32
City of Albertville
Resolution No. 2024-24
Meeting of August 19, 2024
Page 5
pay any back taxes or recaptured taxes (such as This Old House program) which may
become due upon sale of the Property.
13. Special Assessments. Seller shall pay any special assessments presently levied or pending
against the Property on the Closing Date. Buyer shall assume and pay according to their
terms special assessments to be levied against the Real Property after the Closing Date.
14. Possession. Seller shall deliver possession of the Real Property to Buyer upon closing.
15. Risk of Loss. In the event any loss or damage occurs to the Property between the date hereof
and the date of closing, for any reason, including fire, vandalism, flood, earthquake or act of
God, Buyer may terminate or otherwise modify this purchase agreement as a result of such
damage (with a return of Buyer’s earnest money).
16. Condition of Property. The heating, electrical system, fixtures and appliances in the
building on the Property being purchased by Buyer, shall be in good working order on the
day of closing.
17. Notices. All documents to be delivered, and all correspondence and notices to be given in
connection with this Agreement, shall be effectively delivered only if they meet all the
following requirements: they shall be in writing, signed by a duly authorized representative
of the party giving the notice, and shall be delivered by hand or by mail to the addresses
below. If notice is given by mail, it shall be given by Certified Mail with delivery signature
required and postage prepaid. A notice given by facsimile transmission or e-mail shall not be
effective. A notice shall be deemed given on the day it is actually received by the intended
recipient. Notices shall be addressed as follows:
If to Buyer: City of Albertville
P.O. Box 9
Albertville MN 55373
With a copy to: Mike Couri
Couri & Ruppe, PLLP
P.O. Box 369
705 Central Ave E
St. Michael, MN 55376
If to Seller: Brenda O’Donnell and Hugh O’Donnell
17866 87th Street SE
Becker, MN 55308
With a copy to: G. Scott Hoke, P.A.
11108 Zealand Avenue N, suite 204
Champlin MN 55316
Agenda Page 33
City of Albertville
Resolution No. 2024-24
Meeting of August 19, 2024
Page 6
18. No Condemnation. Buyer and Seller agree that Seller has voluntarily offered the Real
Property for sale to the Buyer and that Buyer has not indicated an intent to acquire the Real
Property through the power of eminent domain. Buyer has no intention of acquiring the Real
Property through the power of eminent domain. Seller agrees to make no claim for relocation
costs and waives any right it may have to assert that relocation costs are due from the Buyer
as a result of this acquisition.
19. Assignment. None of Buyer’s rights or obligations under this Agreement shall be sold,
transferred, or assigned without the prior written consent of Seller.
20. Commissions and Representation. Seller warrants and represents to Buyer that it has
retained no agent or broker in connection with this transaction; that Seller shall pay its own
agent or broker's commission or fee due to or claimed in connection with this transaction;
and that it will indemnify, defend and hold harmless Buyer against any claim made by an
agent or broker for a commission or fee based on Seller’s acts or agreements.
Buyer warrants and represents to Seller that it has retained no agent or broker in connection
with this transaction; that Buyer shall pay its own agent or broker's commission or fee due to
or claimed in connection with this transaction; and that it will indemnify, defend and hold
harmless Seller against any claim made by an agent or broker for a commission or fee based
on Buyer’s acts or agreements.
Seller understands and acknowledges that Michael Couri and the law firm of Couri & Ruppe
have represented only Buyer in drafting and negotiating this Agreement, and have not
represented Seller in any way. Seller has not relied upon Buyer, Michael Couri, or Couri &
Ruppe Law Office, for legal, tax or financial advice.
21. Complete Agreement. This Agreement, including any Exhibits attached hereto and made a
part hereof, constitutes a final Agreement between the parties and contains their entire
agreement and supersedes all previous understandings and agreements, oral or written,
relative to the subject matter of this Agreement.
22. Time of the Essence. Strict compliance with dates and deadlines is an essential part of this
Agreement. Time is of the essence in the performance of this Agreement.
23. Controlling Law. This Agreement has been made and entered into under the laws of the
State of Minnesota, and said laws shall control the interpretation hereof.
24. Captions and Wording. The paragraph headings or captions appearing in this Agreement
are for convenience only, are not a part of this Agreement, and are not to be considered in
interpreting this Agreement. Words and phrases used in this Agreement shall have their
ordinary and common meaning unless the context indicates otherwise. The word “shall”
means an action is mandatory, while the word “may” means it is optional.
Agenda Page 34
City of Albertville
Resolution No. 2024-24
Meeting of August 19, 2024
Page 7
25. Duplicate Originals. This document must be executed in duplicate, both of which shall be
considered an “original” for all purposes. One original copy shall be retained by Seller and
one original copy shall be retained by Buyer.
26. Signatures.
Buyer:
CITY OF ALBERTVILLE
On behalf of the City of Albertville, and pursuant to authority granted by the City Council, we
have signed this Purchase Agreement to purchase the Real Property for the price and on the
terms and conditions set forth in this Agreement:
By__________________________________
Jillian Hendrickson, Mayor
By __________________________________
Kris Luedke, City Clerk
Seller:
Brenda and Hugh O’Donnell have signed this Purchase Agreement to sell the Real Property for
the price and on the terms and conditions set forth in this Agreement:
By__________________________________
Brenda O’Donnell
By __________________________________
Hugh O’Donnell
Agenda Page 35