2024-10-21 City Council Agenda Packet
City of Albertville Council Agenda
Monday, October 21, 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
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 October 7, 2024, regular City Council Meeting minutes as presented. 3-6
B. Authorize the Monday, October 21, 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.
7
C. Reduce Letter of Credit No. SB51208, held as security for Medart, Inc., to no less than
$68,628, conditioned on any outstanding balances owed to the City being paid in full.
8
D. Approve Payment Application No. 18 to Gridor Construction in the amount of $142,920
for the Wastewater System Improvements.
7. Public Hearing
A. Public Hearing – Special Assessment of Cleanup costs to Maeyaert Property – Tabled
from October 7, 2024, Council Meeting
9-10
(Motion to adopt Resolution No. 2024-32 adopting Special Assessment Roll related to the
removal of Nuisances and Zoning Violations.)
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 – None
City of Albertville City Council Agenda
Monday, October 21, 2024 Page 2 of 2
D. Finance – None
E. Fire – None
F. Planning and Zoning
1. Amendment to Chapter 1000, Section 1000.22 Temporary Seasonal Sales 11-12
(Motion to adopt Ordinance No. 2024-05 approving amendments to Chapter 1000,
Section 1000.4 Temporary Seasonal Sales.)
2. Amendment to Chapter 1000, Section 1000.4 Accessory Building, Uses and
Equipment
13-16
(Motion to adopt Ordinance No. 2024-06 approving amendments to Chapter 1000,
Section 1000.4 Accessory Buildings, Uses and Equipment and approve summary
ordinance for publication.)
G. Public Works/Engineering – None
H. Legal – None
I. Administration
1. Fire Protection Agreement with the City of Otsego 17-26
(Motion to approve the revised agreement entitled “Fire Protection Agreement with
the City of Otsego”.
2. City Administrator’s Update 27-28
10. Announcements and/or Upcoming Meetings
October 28 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
November 4 City Council, 7 pm
November 5 General Election Day, 7 am to 8 pm
November 11 City Offices closed in observance of Veterans Day
November 12 Special City Council Meeting to Canvass Election Results, 5:45 pm
November 12 STMA Arena Board, 6 pm
November 12 Planning Commission, 7 pm
11. Adjournment
ALBERTVILLE CITY COUNCIL
DRAFT REGULAR MEETING MINUTES October 7, 2024 – 7 pm
Council Chambers
Albertville City Hall
1. Call to Order
Mayor Hendrickson called the meeting to order at 7 pm.
2. Pledge of Allegiance – Roll Call
Present: Mayor Hendrickson, Councilmembers Hayden, Olson, and Zagorski.
Absent: Councilmember Cocking
Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Attorney Couri, Finance
Director Lannes, and City Clerk Luedke.
3. Recognitions – Presentations – Introductions – None
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
October 7, 2024, agenda as submitted. Ayes: Hayden, Hendrickson, Olson and Zagorski. Nays:
None. Absent: Cocking. 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 September 3, 2024, regular City Council Meeting minutes as presented.
B. Approve the September 16, 2024, regular City Council Meeting minutes as presented.
C. Authorize the Monday, October 7, 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.
D. Accounts Receivable Report.
E. 3rd Quarter Budget to Actual Report.
F. Approve Wright County/City of Albertville Election Equipment Lease Agreement.
G. Approve the Memorandum of Understanding between Wright County and the City of
Albertville for the Purchase of Salt for the 2024-2025 Snow and Ice Removal Season at
a cost of $109.69 per ton.
Agenda Page 3
City Council Meeting Draft Minutes Page 2
Regular Meeting of October 7, 2024
H. Authorize the proposed budget for landscaping and irrigation work at the Fire Station.
I. Approve replacing the batteries in the UPS backup at City Hall for $8,200 plus tax.
J. Approve Payment Application No. 17 to Gridor Construction in the amount of $283,118
for the Wastewater System Improvements.
MOTION made by Councilmember Zagorski, seconded by Councilmember Olson to approve the
October 7, 2024, consent agenda as submitted. Ayes: Hayden, Hendrickson, Olson and Zagorski.
Nays: None. Absent: Cocking. The motion carried.
7. Public Hearing
A. Public Hearing – Special Assessment of Cleanup costs to Maeyaert Property
Mayor Hendrickson opened the public hearing.
City Attorney Couri provided background information on the zoning violations which occurred at
10479 61st Street in Albertville. He reported this hearing was for the special assessments of $18,880
for the most recent clean-up completed on the Maeyaert property. He reported that the court order
allows for the assessments under Minnesota Statutes Chapter 429. Attorney Couri said if the
assessment was not paid by the end of the year to it would be added to the property owner’s taxes
next year with 10% interest per year.
Mr. Charles Maeyaert, property owner, 10479 61st Street, Albertville, reported he was not prepared
for the meeting tonight and asked if the assessment hearing could be postponed until he had a
chance to look into it the special assessment further.
Mr. Steven Maeyaert, St. Michael, said he was the brother of Charles Maeyaert, and reported he
planned to work with his brother to help take care of the cleanup issues on his property but said he
needed more time to better understand the full scope of the issues.
City Attorney Couri explained the public hearing and the special assessment processes. He said this
assessment was for cleanup services and equipment used that the City had already provided and
paid for and stated the public hearing notice was published and mailed to the property owner
according to what is required by law and conveyed there has already been cleanup problems at the
property in the past.
There was Council discussion regarding the special assessment for 10479 61st Street, the special
assessment process and the consensus was to table the item until the next Council meeting.
MOTION made by Councilmember Hayden, seconded by Councilmember Olson to close the
public hearing. Ayes: Hayden, Hendrickson, Olson and Zagorski. Nays: None. Absent: Cocking.
The motion carried.
MOTION made by Councilmember Olson, seconded by Councilmember Hayden to table the item
until the October 21, 2024, City Council meeting. Ayes: Hayden, Hendrickson, Olson and Zagorski.
Nays: None. Absent: Cocking. The motion carried.
8. Wright County Sheriff’s Office – Updates, reports, etc.
The Wright County Sheriff Deputy who was presented reported there has been many bus stop arm
violations happening since school has begun so the Sheriff’s Department wanted to address the
Agenda Page 4
City Council Meeting Draft Minutes Page 3
Regular Meeting of October 7, 2024
issue to keep kids safe. He answered questions from the Council regarding whether the buses had
cameras to capture the people not stopping in which he reported that the buses did.
9. Department Business
A. City Council
1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
Councilmember Zagorski provided an update from the Joint Power Water Board meeting which
included a discussion on the new groundwater reservoir project, and an increase to next year’s fees.
He and Councilmember Olson answered questions from the other Councilmembers regarding the
reservoir project.
Councilmember Olson provided an update from the Parks Committee meeting which included a
presentation from City Administrator Nafstad on the proposed Main Ave Streetscape and the new
Central Park concept. City Administrator Nafstad answered questions from the Council regarding
the projects.
B. Building – None
C. City Clerk – None
D. Finance – None
E. Fire – None
F. Planning and Zoning – None
G. Public Works/Engineering – None
H. Legal – None
I. Administration
1. Contract Fire Service Discussion
City Administrator Nafstad reported this discussion was regarding the City of Otsego pursuing a
standalone Fire Department slated to open January of 2027. He said the discussion was necessary
because the City is receiving questions from the public regarding which department will respond to
what areas and whether there will be mutual aid agreements between the two departments. Nafstad
provided background information on the current agreement and said he met with the City
Administrators of both Otsego and Elk River to discuss Otsego’s plans for fire service.
Administrator Nafstad stated it was conveyed that until Albertville better understands the future
response and service capabilities of the proposed Otsego department, commitments for mutual aid
would need to wait. He said he felt it was appropriate to notify the City of Otsego at this time,
letting them know, that the City of Albertville would like to support them in the development of
their Fire Department, but Albertville cannot commit to anything until the City receives more
information. There was discussion regarding assumptions that mutual aid would exist and concerns
regarding response and notice to areas currently be served by Albertville.
Agenda Page 5
City Council Meeting Draft Minutes Page 4
Regular Meeting of October 7, 2024
There was further discussion regarding the current fire protection agreement and options to revise
the agreement. Administrator Nafstad reported the current agreement would auto renew at the end
of the year, and now was the time to revise the agreement and provide it to the City of Otsego for
their review and approval by year end. He answered questions from Council, described the cost
formula used in the current fire contract, and reported he would draft a letter to the City of Otsego
and bring an edited agreement back to the next meeting.
Fire Chief Bullen provided additional background information on the existing fire protection
contract that the two cities have, information on mutual aid vs primary unit, the definition of the box
alarm concept, and auto aid dispatching. He answered questions from Council regarding the current
fire call volume and the current agreement. Chief Bullen said the Fire Department was looking at a
public facing dashboard that could be added to the City’s website with information where the public
could view the fire call volume, true response times and the calls received by city, by week, etc. He
said the numbers for the reporting were received from dispatch.
City Attorney Couri answered questions from Council on the current Fire Protection agreement and
the terms of the agreement.
There was Council discussion regarding the current Fire Protection agreement with Otsego, possible
terms for the new agreement and agreed that City staff should notify the City of Otsego of the
City’s concerns.
2. City Administrator’s Update
City Administrator Nafstad presented the City Administrator’s Update which included an update on
that the City has closed on the O’Donnell property, the 2024 street overlay project was almost
completed, and provided an update on the Main Avenue streetscape project.
Announcements and/or Upcoming Meetings
October 8 Planning Commission, 7 pm
October 14 STMA Arena Board, 6 pm
October 21 City Council, 7 pm
October 28 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
November 4 City Council, 7 pm
November 5 General Election Day, 7 am to 8 pm
10. Adjournment
MOTION made by Councilmember 8:02, second by Councilmember Hayden to adjourn the
meeting at Olson pm. Ayes: Hayden, Hendrickson, Olson and Zagorski. Nays: None. Absent:
Cocking. The motion carried.
Respectfully submitted,
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 6
Mayor and Council Request for Action
October 21, 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, October 21, 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 7
Mayor and Council Request for Action
October 21, 2024
SUBJECT: CONSENT – ADMINISTRATION – MEDART – LETTER OF CREDIT
REDUCTION NO. 1
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider
approval of the following motion:
MOTION TO: Reduce Letter of Credit No. SB51208, held as security for Medart, Inc., to no
less than $68,628, conditioned on any outstanding balances owed to the City being paid in full.
BACKGROUND: The Developer has requested a reduction to the Letter of Credit held for the
Medart, Inc. development. The Letter of Credit is held as performance and warranty security for
the site improvements and is currently in the amount of $579,282.
Assuming the developer is current with all fees owed to the City and based on work completed to
date, it is recommended that Letter of Credit No. SB5120 be reduced to no less than $68,628.
The reduced balance is believed to be sufficient surety and is consistent with the development
agreement.
KEY ISSUES:
• This reduction does not constitute acceptance of improvements.
• The reduction is based on the project being generally complete and will commence the 2-year
warranty period.
POLICY CONSIDERATIONS: It is City policy to have all Letter of Credit reductions
approved by the City Council.
FINANCIAL CONSIDERATIONS: There are no financial implications for this request.
LEGAL CONSIDERATIONS: The City has the legal authority under the development
agreement to reduce the Letter of Credit upon completion of the required improvements or deny
requests for reduction if the required improvements are found unacceptable.
Submitted Through: Adam Nafstad, City Administrator-PWD
On File:
• LOC Reduction History
Agenda Page 8
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2024-32
RESOLUTION ADOPTING SPECIAL ASSESSMENT ROLL
RELATED TO THE REMOVAL OF NUISANCES AND ZONING VIOLATIONS
WHEREAS, the City of Albertville has obtained an order from the Wright County District
Court authorizing the City to enter upon and remove a nuisance and zoning violations that exist on
property assigned Wright County property identification number 101-048003110 (“Property”); and
WHEREAS, the City had incurred legal fees, court costs, contractor’s fees, planning
consulting fees, and law enforcement costs to obtain the Court order, remove the nuisances and
correct the zoning violations; and
WHEREAS, said Court order authorizes the City to special assess such costs against the
Property from which the nuisance zoning violations were removed pursuant to Minn. Stat. §
429.101; and
WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City
Council has met and heard and passed upon all objections to the proposed assessment of costs
related to the removal of nuisances and zoning violations from the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. Such proposed assessment, in the amount of $18,880 is hereby levied against PID No. 101-
048003110, owned by Charles J. Maeyaert and located at 10479 61st Street in the City of
Albertville.
2. The assessment levied by this resolution shall be payable in its entirety in one principal
installment extending over a period of one year, payable on or before the first Monday of
January, 2025, and shall bear interest at a rate of 10% per annum from the date of this
resolution until December 31, 2025. Any assessment amounts not prepaid shall be spread
against the property with one principal payment due plus applicable interest on the entire
amount outstanding.
3. The owner of any property so assessed may, at any time prior to the certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the Town Clerk, except that no interest shall be
charged if the entire assessment is paid within thirty (30) days from the adoption of this
Resolution; and he may, at any time thereafter, pay to the Town Clerk the entire amount of
the assessment remaining unpaid, with interest accrued to December 31 of the year in which
such payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
Agenda Page 9
City of Albertville, MN
Resolution No. 2024-32
Meeting of October 21, 2024
Page 2
4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be
collected and paid over in the same manner as other taxes.
Adopted by the City Council of the City of Albertville this 21st day of October, 2024.
________________________________
Jillian Hendrickson, Mayor
ATTEST:
______________________________
Kristine A. Luedke, City Clerk
Agenda Page 10
Mayor and Council Request for Action
October 21, 2024
SUBJECT: PLANNING – AMENDMENT TO CHAPTER 1000, SECTION 1000.22
TEMPORARY SEASONAL SALES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
MOTION TO: Adopt Ordinance No. 2024-05 approving amendments to Chapter 1000, Section
1000.4 Temporary Seasonal Sales.
BACKGROUND: The proposed code change is intended to identify that temporary seasonal
sales will require a site plan and be limited to 2 permits per property rather than per use. This is
to provide clarity in the code application and limit the seasonal sales on a given property.
KEY ISSUES:
•The changes require the submission of a site plan for the location and layout of any
temporary season sales on a given lot.
•Currently the number of temporary uses permits is 2 per use in the calendar year. Staff is
recommending limiting it to 2 permits per property.
POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice
was published and a public hearing held by the Planning Commission. They recommended the
City Council approve this amendment to the City’s ordinance language.
FINANCIAL CONSIDERATIONS: Changes to accessory building code will improve code
enforcement and reduce staff time.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City
Council have the authority to approve or deny these amendments.
Responsible Person: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
•Ordinance No. 2024-05
Agenda Page 11
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2024-05
AN ORDINANCE AMENDING ALBERTVILLE ZONING CODE, SECTION 1000.22
TEMPORARY SEASONAL SALE PERTAINING TO THE NUMBER OF ALLOWED
PERMITS FOR A SINGLE PROPERTY IN A CALENDAR YEAR.
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Section 1000.22 of the Albertville Zoning Code is hereby amended to repeal the
strikeouts and add the following underlined text as follows:
1000.22: TEMPORARY OUTDOOR SEASONAL SALES:
Temporary outdoor seasonal sales may be permitted in any business zoning district; provided,
that the following minimum criteria are complied with: A permit application form, and fee, as
established in section 3-1-3 of the city code, and a site plan illustrating the location and
compliance with the following criteria shall be submitted to the city administrator who is hereby
authorized to review and approve permits for temporary outdoor seasonal sales, provided the
following criteria are established:
A. The maximum term of operation shall be sixty (60) consecutive days, with a maximum of
two (2) permits per calendar year for each use a property.
Section 2. This amendment shall be in full force and effective upon its passage and
publication.
Adopted by the City Council of the City of Albertville this 21st day of October 2024.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 12
Mayor and Council Request for Action
October 21, 2024
SUBJECT: PLANNING – AMENDMENT TO CHAPTER 1000, SECTION 1000.4
ACCESSORY BUILDINGS, USES, AND EQUIPMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
MOTION TO: Adopt Ordinance No. 2024-06 approving amendments to Chapter 1000, Section
1000.4 Accessory Buildings, Uses and Equipment and approve summary ordinance for
publication.
BACKGROUND: The proposed code change is intended to clearly list the required setbacks
and allowed number of the garages and sheds. There has been some confusion as to whether an
attached garage was an accessory building.
KEY ISSUES:
•The changes specifically list the setbacks for detached accessory buildings.
•The number of accessory buildings specifically defined the combinations of accessory
buildings allowed on a single family lot.
POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice
was published and a public hearing held by the Planning Commission. They recommended the
City Council approve this amendment to the City’s ordinance language.
FINANCIAL CONSIDERATIONS: Changes to accessory building code will improve code
enforcement and reduce staff time.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City
Council have the authority to approve or deny these amendments.
Responsible Person: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
•Ordinance No. 2024-06
•Summary of Ordinance No. 2024-06
Agenda Page 13
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2024-06
AN ORDINANCE AMENDING THE ALBERTVILLE ZONING CHAPTER 1000
SECTION 1000.4 ACCESSORY BUILDING, USES AND EQUIPMENT PERTAINING
TO ACCESSORY BUILDING SETBACKS AND NUMBER OF GARAGES AND
ACCESSORY BUILDINGS ALLOWED ON A SINGLE-FAMILY LOT
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Chapter 1000, General Building and Performance Standards, Section 1000.4.B
Accessory Building, Uses and Equipment is hereby amended to repeal the strikeouts and add the
following underlined text:
B.Single-Family Accessory Uses:
1.Setbacks:
a.Front Yard: No accessory use, building, structure, or equipment shall be allowed within
a required front yard, except by conditional use permit.
b.Side Yard: As required by zoning district. 10 feet and 20 feet for side yard abutting a
street.
c. Rear Yard (Includes Side Yard Within Rear Yard): Allowed to encroach into the
required setback, but not less than ten feet (10').
d.Alley: Private garages having direct access onto an alley shall be set back twenty feet
(20') from the alley lot line.
e.Encroachment: No accessory building may encroach on a required easement. or in a
required side yard setback abutting a street on a corner lot.
f.Detached accessory buildings and structures shall be setback a minimum of a (5) five
feet from all other buildings and structures on the same lot.
2.Size:
a.Minimum Size: An attached or a detached garage shall not be less than five hundred
thirty (530) square feet in floor area.
b.Maximum Size: An attached or a detached garage shall not:
(1)Exceed one thousand (1,000) square feet of floor area, except by conditional use
permit.
(2)Exceed the ground coverage of the dwelling, except by conditional use permit.
(3)Occupy more than twenty five percent (25%) of the area of the rear yard; or
(4)A second accessory storage building may not exceed one hundred fifty (150) square
feet in floor area, when accompanied by an attached garage on the same lot, except
by conditional use permit.
c.Cumulative Area: The total floor area of all accessory buildings and garages shall not
exceed one thousand one hundred fifty (1,150) square feet, except by conditional use
permit.
3.Size Exception: An exception to the size requirements may be granted through an
administrative permit, provided the following requirements are met:
Agenda Page 14
City of Albertville
Ordinance No. 2024-06
Meeting of October 21, 2024
Page 2
a. The parcel is one acre or greater in size;
b.Any accessory building does not exceed the ground coverage of the dwelling;
c.Any accessory building shall be screened from adjacent residential property;
d. Any accessory building shall be constructed of the same or similar design and material
as the principal building; and
e.Commercial and home occupation uses are prohibited in any accessory building.
4.Number: The total number of accessory buildings shall be limited to the following
a.Storage Buildings Or Garages: No more than two (2) accessory storage buildings or
garages shall be allowed on one or more single-family lots under common ownership.
a. One (1) attached garage and one (1) detached accessory building; or
b.Two (2) detached accessory buildings
b c. Exception: An exception for a third accessory building may be granted, provided the
following requirements are met:
(1)Third accessory structure qualifies as an "outdoor living space", as defined in section
200.2 of this ordinance; and
(2)The cumulative floor area of all three (3) accessory structures does not exceed the
maximum allowed floor area (1,150 square feet).
Section 2. This amendment shall be in full force and effective upon its passage and
publication.
Adopted by the City Council of the City of Albertville this 21st day of October 2024.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 15
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO. 2024-06
AN ORDINANCE AMENDING THE ALBERTVILLE ZONING CHAPTER 1000
SECTION 1000.4 ACCESSORY BUILDING, USES AND EQUIPMENT PERTAINING
TO ACCESSORY BUILDING SETBACKS AND NUMBER OF GARAGES AND
ACCESSORY BUILDINGS ALLOWED ON A SINGLE-FAMILY LOT
NOTICE IS HEREBY GIVEN that on October 21, 2024, Ordinance No. 2024-06 was
adopted by the City Council of the City of Albertville. This ordinance relates accessory
buildings, uses and equipment allowed on single-family lots within the City of Albertville. Due
to the length of the ordinance, the following summary of the ordinance has been prepared for
publication.
NOTICE IS FURTHER GIVEN that the ordinance amendments includes the following
component:
• Amendment the City Code to clearly list the required setbacks and allowed number of
garages and sheds allowed on a single-family lot.
A printed copy of the full ordinance amendment is available for inspection by any person
during the City’s regular office hours.
Approved for publication by the City Council of the City of Albertville this 21st day of October
2024.
ATTEST:
Kristine A. Luedke
Albertville City Clerk
Published Date: October 31, 2024
Agenda Page 16
Mayor and Council Request for Action
October 21, 2024
SUBJECT: ADMINISTRATION – FIRE PROTECTION AGREEMENT WITH CITY OF
OTSEGO
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve the revised agreement entitled "Fire Protection Agreement with the
City of Otsego".
INFORMATION: Attached is a revised Fire Protection Agreement for fire protection and
emergency medical service for the Otsego fire service area. As it stands, Otsego is pursuing a
stand-alone department which is scheduled to be operational January 1, 2027. It is understood
that Otsego will likely not require fire service from Albertville beginning at that time.
The revised agreement is intended to address the creation of the new Otsego department, as well
as, address some general agreement updates.
If approved by Council, the edited agreement will be sent to Otsego for review and approval. If
the two parties are unable to finalize an agreement by the end of the year, either party may
choose to terminate the contract, which would end services December 31, 2025. Terminating the
agreement would not prevent the two parties for negotiating services in the future.
POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy for Council to review and
approve all contracts and agreements.
FINANCIAL CONSIDERATIONS: With the Fire Protection Agreement, the City of Otsego
pays a percentage of the annual City of Albertville Fire Department budget. The City is aware
Otsego will likely terminate the agreement on or before December 31, 2026 and as such has been
budgeting for the change.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to enter into
contracts to provide fire protection services. Generally, the current contract remains in effect
until either party provides 1-years notice prior to December 31. If the City desires to edit or
cancel services in 2026, notice needs to be provided prior to December 31, 2024.
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
•Revised agreement titled “Fire Protection Agreement with the City of Otsego”
Agenda Page 17
FIRE PROTECTION AGREEMENT
WITH THE CITY OF OTSEGO
This agreement is made and entered into by and between the City of Albertville
(Albertville), a municipal corporation located in the County of Wright, State of Minnesota,
and the City of Otsego (Otsego), a municipal corporation located in the County of Wright,
State of Minnesota.
WHEREAS, Otsego desires the fire protection and emergency medical services response
of the Fire Department of Albertville, in case of emergencies occurring in Otsego; and
WHEREAS, Albertville maintains a Fire Department with emergency response
capability, which the Fire Department is available to provide fire protection and emergency
medical services response to properties located in Otsego; and
WHEREAS, Otsego has contracted for fire protection and emergency services from
Albertville since prior to Otsego’s incorporation as a City, and during that time the two cities
together have developed a fire service fee formula, interviewed and hired an Albertville Fire
Chief, approved equipment purchases and studied shared fire service; and
WHEREAS, Otsego has decided not to pursue shared fire service with Albertville and has
approved Resolution #2023-78 authorizing the establishment of Otsego’s own Fire and
Emergency Services Department; and
WHEREAS, it is projected that after December 31, 2026, all emergency response to areas
inside the corporate limits of Otsego will be provided by Otsego’s Fire and Emergency Services
Department; and
WHEREAS, it is understood any future shared emergency response between the two
departments will require a fire protection agreement for service; and
WHEREAS, the fire service fee formula is designed to treat Albertville and Otsego
residents equally and the two parties agree and understand this formula is based on the cost of
operating and maintaining a fire department capable of providing adequate response to meet the
needs of its service area rather than to result in a year-end surplus.
THEREFORE, it is agreed by and between said parties as follows:
1. Albertville, through its Fire Department, shall provide primary fire protection and emergency
medical response services, attached as Exhibit A to this Agreement, to those properties in
Otsego identified on the Fire Service Area (FSA) map, attached as Exhibit B to this
Agreement. Such primary fire protection and emergency medical services response shall be
provided from January 1st, 2025, to December 31st, 2025, unless earlier otherwise terminated
pursuant to the terms of this Agreement.
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A. Otsego may adjust the FSA effective January 1st of any year by providing Albertville with
an amended exhibit B no later than September 1st of the preceding year.
2. Otsego shall pay Albertville a Fire Service Fee (“Fire Service Fee”) annually according to the
formula set forth in this paragraph in exchange for the provision of fire protection and
emergency medical services response as described in Exhibit A. Albertville shall invoice, and
Otsego shall pay, the amount due for each year, in two equal installments, due on or before
every January 31, 2025, and July 31, 2025. The Fire Service Fee shall be calculated by
multiplying the adjusted Fire Department budget, as set by the Albertville City Council, for
the year fire service is to be provided (consisting of the Fire Department budget less state fire
aids received) times the value of the Taxable Tax Capacity within the FSA that is located in
Otsego for the year prior to the year service is to be provided divided by the total Taxable Tax
Capacity of the entire FSA for the year prior to the year service is to be provided. divided by
the total Taxable Tax Capacity of the entire FSA, where the Taxable Tax Capacity is the
Taxable Tax Capacity used to calculate the real property taxes due in the year fire service is
provided. For example, if the Fire Department budget for 2025 is $1,200,000 is $380,000, the
Taxable Tax Capacity of the FSA in Otsego in 2024 is $16,200,000, and the total Taxable Tax
Capacity of the entire FSA in 2024 is $27,800,000, then Otsego’s annual payment to
Albertville for 2025 would be approximately $699,280, calculated as $1,200,000 times
($16,200,000/$27,800,000). is $3,000,000, and the total Taxable Tax Capacity of the entire
FSA is $10,000,000, then Otsego’s annual payment to Albertville for that year under this
Agreement would be $114,000, calculated as $380,000 times ($3,000,000/$10,000,000).
Albertville shall issue a statement to Otsego by August 1, 2025, of each year detailing the
following year’s estimated Fire Service Fee amount due. In the event that Otsego disputes
Albertville’s calculations or the basis for the calculations, the parties shall, within thirty (30)
days after such objections are delivered to Albertville, meet and negotiate in good faith a
resolution to the objections.
3. Albertville shall take all reasonable steps to ensure that it has at all times adequate firefighting
and medical personnel and equipment available and ready to provide fire and emergency
medical services protection to Otsego’s citizens and property as provided for in this
Agreement.
4. Albertville shall at all times, keep in place liability insurance coverage to protect Otsego’s
interests and to fulfill Albertville’s obligations under this Agreement in at least the amount of
the maximum tort liability limits set forth in Minn. Stat. 466.04.
5. Albertville shall fully indemnify, hold harmless and defend Otsego from all claims arising out
of the negligence of Albertville, its employees, officers or agents in performing its duties
under this Agreement, provided such indemnification shall not exceed the maximum tort
liability limits set forth in Minn. Stat. 466.04.
6. Albertville’s obligation to provide fire protection and emergency medical services response
shall be subject to the following:
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a. If road and weather conditions at the time of the call are such that the fire/medical run
cannot be made with reasonable safety to personnel and equipment, in the opinion of the
Fire Chief or their his Deputy in charge, no obligation arises under this agreement on the
part of Albertville to answer such call and no person or party shall have recourse against
Albertville or Otsego for reasonable refusal to answer such call.
b. In the event that a sufficient amount of the firefighting/medical equipment and the number
of firefighters, or both, are committed at the time of the fire call to fighting pre-existing
fires or attending a pre-existing emergency, so as to render the available equipment and
manpower inadequate to answer a fire or medical call from Otsego, in sole judgment of
the Fire Chief or their his Deputy, to fighting pre-existing fires or attending a pre-existing
emergency, so as to render the available equipment and manpower inadequate to answer a
fire or medical call from Otsego, no obligation shall arise under this agreement to answer
such call, provided that Albertville makes all reasonable efforts to answer the fire or
medical call in Otsego, including requests for mutual aid.
c. In the event a fire or other emergency call by Otsego is answered by Albertville, but before
the fire in question is extinguished or the emergency is fully abated, the firefighting
equipment, emergency equipment, or firefighters, or any combination thereof, are needed
to fight another fire or respond to another emergency elsewhere in the FSA, the Chief or
their his Deputy without liability therefore to any person or to Otsego under this agreement,
may in his reasonable judgment, redeploy the firefighting equipment, firefighters and
emergency response equipment as they deem necessary given the competing emergency
situations. If a decision is made to leave a pre-existing emergency fire in Otsego,
Albertville shall utilize all resources reasonably at its disposal to provide alternative
services to address the emergency extinguish the fire in Otsego, including requests for
mutual aid. The reasonable judgment of the Fire Chief or their his Deputy shall be final,
and no person or party shall have recourse against Albertville or Otsego for any damages
or losses resulting from such action or decision.
d. The parties acknowledge that Albertville has entered into mutual aid contracts with other
Fire Departments in other municipalities, and that in the event of concurrent fire calls or
other concurrent emergencies within the FSA, Albertville will call for mutual aid to serve
one or all such emergencies as deemed necessary by the Fire Chief or their his Deputy.
e. Third parties shall have no recourse under this Agreement against either party to the
Agreement.
f. Because the Albertville has heretofore entered into mutual assistance firefighting
agreements with other municipalities possessing firefighting equipment and firefighters,
which equipment and firefighters could be called by the Chief or their his Deputy to a fire
or other emergency in Otsego, Otsego agrees to pay such additional cost as may be incurred
thereby if, in the sole reasonable judgment of the Chief or their his Deputy, such additional
firefighting equipment/emergency response equipment and firefighters are needed to
respond to an emergency in Otsego and are in fact called to such emergency by the Chief
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or their his Deputy. Otsego shall be provided an itemized list and explanation for any
additional costs incurred under this section and billed to Otsego.
g. Otsego shall adopt an emergency services response fee ordinance that imposes a fee upon
vehicle-related emergency responses occurring within the FSA that are responded to by
Albertville. Such ordinance shall adopt the same fee schedule as Albertville’s Ordinance
Establishing Charges for Emergency Response Services for vehicle-related emergency
responses. All such fees collected by Otsego shall be remitted to Albertville.
7. This Agreement shall run for the period set forth in paragraph 1 commence on January 1st,
2023 and shall remain in effect for the term stated unless earlier unless, and until, terminated
as provided below:
A. By Agreement
i. This Agreement may be terminated at any time during its term by mutual agreement
of the parties. Such mutual agreement to terminate shall be in writing and shall be
effective when fully executed by both parties.
B. By Either Party
i. Either party may terminate this Agreement by serving a 365-day written notice of
termination to the other party. This Agreement shall terminate on the December 31st
following the 365-days from the date of written notice of termination, unless the
party serving the notice specifies a later date of termination or withdraws the notice
of termination in writing before it is effective.
BC. By Albertville
i. If Otsego fails to pay for services as provided in this Agreement hereof,
Albertville may terminate this Agreement upon 60 days’ written termination
notice.
ii. If Otsego fails to reimburse Albertville for mutual aid costs as provided in this
Agreement hereof or fails to collect and forward to Albertville penalties for false
alarms as provided in this Agreement hereof, Albertville may give 30 days’ notice
to make payment or settle any dispute. In the event that payment is not made, or
any dispute is not resolved within the 30-day period, Albertville may terminate
this Agreement upon 60 180 days written termination notice.
CD. Effect of Termination
i. In the event this Agreement is terminated, Otsego shall still be responsible for
paying in full any amount owed to Albertville for Services provided under this
Agreement up to the date of termination. Notice to either party shall be made to
the Office of the City Clerk.
8. Albertville shall provide Otsego with 2026’s proposed fire budget and Otsego’s 2026 estimated
fire service fee amount by August 1, 2025. Otsego shall notify Albertville by September 1,
2025, as to whether it desires to enter into a contract for fire protection with Albertville for
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2026. If Otsego desires to enter into such a contract for fire protection with Albertville for
2026, such contract shall be agreed to and be executed by the parties no later than September
23, 2025.
9. If Albertville and Otsego do not enter into a fire protection agreement for the 2026 calendar
year, Albertville shall have no obligation to provide fire protection and/or emergency medical
services response to the Otsego FSA after December 31, 2025. In such event, Otsego shall mail
a notice to every address within the Otsego FSA notifying the owners/occupants of such
properties that Albertville shall no longer provide such emergency response to those properties
108. Albertville shall provide Otsego an incident report for every structure fire occurring in the
FSA, in a format that is agreeable to both the Fire Department and Otsego.
119. Albertville, as primary responder for at least one calendar year, is entitled, by MN Statute
Chapter 477B and Minn. Stat. § 423A.022, to collect the Fire State Aid and Supplemental State
Aid for the Otsego FSA. Albertville shall require the Otsego City Administrator to review the
Minnesota Department of Revenue Apportionment Agreement of Fire Service Area Form
annually with any Fire Departments providing fire protection to the Otsego and apportion the
population and estimated market value (EMV) of the property in the jointly covered area
(Minn. Stat. § 69.021, subd. 7, para. (c)). This review shall be completed prior to July 1st of
each calendar year. If any changes to the apportionment percentages are necessary, these
changes shall be signed by all individual Fire Departments and submitted to the MN
Department of Revenue prior to August 1st of that same calendar year, to allow the changes to
take effect the next calendar year. This change will then be reflected in each individual Fire
Department’s Minnesota Department of Revenue Form FA-1, Fire Equipment Certification.
1210. All parties acknowledge that excessive false alarms constitute a public nuisance. Otsego agrees
to enact a false alarm ordinance substantially similar to that in force in Albertville and to
enforce such false alarm ordinance and to collect and forward to Albertville penalties and fees
collected from properties within the FSA for excessive false alarms.
1311. Albertville shall enforce its false alarm ordinance.
1412. Albertville owns all fire/rescue equipment used by the Fire Department and shall have the sole
discretion to determine when and how to dispose of such equipment, provided, however, that
the proceeds from the sale of such equipment shall be credited to Albertville’s Fire
Department fund.
1513. Albertville owns the fire hall and shall have the sole discretion to determine when and how to
dispose of it, provided, however, that the proceeds from the sale of the fire hall shall be
credited to Albertville’s Fire Department fund.
8. Commencing on January 1st, 2023, Albertville shall undertake required Fire Inspections within
the Albertville FSA of Otsego.
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a. Process and Indemnification
i. Otsego shall provide to Albertville a list of sites that require biennial fire
inspections.
ii. Albertville shall provide to Otsego, at the time of billing, documentation and
reports (in written or electronic format) regarding each inspection setting forth
the address of the site inspected, the time spent on the inspection, observations
made at the site, and the result of the inspection.
iii. Albertville shall defend, hold harmless and fully indemnify Otsego from any and
all claims or causes of action of whatever nature resulting from or arising from the
fire inspections undertaken pursuant to this Agreement. However, nothing in this
Agreement shall waive any immunities or liability caps applicable to Albertville
under Minnesota statutory or case law, including Minnesota Statutes, Chapter
466.
b. Reimbursement for Fire Inspection Services
i. Otsego shall pay to Albertville, upon receipt of properly detailed billing, $50.00
per hour only for time spent on fire inspection within Otsego. No additional costs
such as mileage will be paid above the $50.00 per hour above stated.
16. Commencing January 1st, 2025, all requests for Fire Code information, Fire Inspections, and
Fire Safety / Public Event Attendance in the Otsego portion of the FSA shall be handled by
the Otsego Emergency Services Department.
17. That certain Fire Protection Agreement between Otsego and Albertville dated November 8,
2022, shall be terminated effective at the end of the day on December 31, 2024.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
________ day of _________________________, 20242.
CITY OF ALBERTVILLE CITY OF OTSEGO
By: ___________________________ By: _________________________
Jillian Hendrickson, Mayor Jessica Stockamp, Mayor
ATTEST:
___________________________ _________________________
Kris Luedke, City Clerk Audra Etzel, City Clerk
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EXHIBIT A: SERVICES
Albertville’s Fire Department agrees to provide primary response to Otsego for the following
services, subject to the terms and conditions of the Agreement:
• Structural Firefighting, specifically:
o Exterior Structural Firefighting
o Interior Structural Firefighting
• Grass/Wildland Firefighting
• Other Firefighting, specifically:
o Vehicle & Equipment Firefighting
• Technical Rescue, specifically:
o Vehicle & Equipment Extrication
o General Search and Rescue
o Surface Ice and Water Rescue
• Other, specifically:
o Investigation of Fire and Carbon Monoxide Alarms
• Hazardous Materials Response, specifically:
o Haz-Mat Awareness Level
o Haz-Mat Operations Level
• Emergency Medical Services, specifically:
o Emergency Medical Responder Level to Medical Emergencies as
requested by Allina Health EMS Dispatch and/or Wright County Dispatch
o Emergency Medical Responder Level to Personal Injury Accidents as
requested by Allina Health EMS Dispatch and/or Wright County
Dispatch
• Disaster Response, specifically:
o Initial response for rescue, life-safety and incident stabilization (not including emergency management related functions)
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EXHIBIT B
Fire Service Area (FSA)
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City Administrator’s Update
October 17, 2024
GENERAL ADMINISTRATION
Si Senor Restaurant: Construction of the building is underway and the Owners are working
towards a spring-summer opening. The project team is reviewing options to revise the plans to
include additional indoor dining, which would result in less outdoor covered dining. If pursued,
this change will be processed administratively provided the change effects 10% or less of the
total floor area.
Arena Board: At the Arena Board meeting this week, the School District presented the need to
have the facility closed for certain holidays. As a result of the discussion, the arena will follow
the School District’s holiday schedule, which includes closure on seven (7) holidays. The Arena
Board also received an update for the District Superintendent regarding advertising in school
facilities, which the District will be reviewing in December.
Loewen Property: The City Attorney is reviewing the seller’s revisions to the purchase
agreement, and I expect closing will take place by the end of the month.
City Planning Services: Staff is meeting with consultant planners in preparation for Al’s
retirement at the end of the year. It is intended to have a new planning services contract in
place by November.
2024 General Election: Absentee voting for the November 5 General Election continues
through November 4. In-person voting is available during City Hall hours and on Saturday,
October 26, Saturday, November 2 and Sunday, November 3 from 9 am to 3 pm. In-person
direct balloting begins on October 21. Direct balloting allows the voter to place their ballot
directly into the tabulator instead of sealing it in a series of envelopes for later processing.
Special City Council Meeting: Council will meet on Tuesday, November 12, 2024, at 5:45 pm to
canvass the November 5, 2024, General Election results.
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.
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City Administrator’s Update Page 2 of 2 October 17, 2024
ENGINEERING/PUBLIC WORKS
CR 137: We will be learning more about the cost and timing of the proposed 137 between the
interstate and Mackenzie Avenue NE. Generally, it is understood the County is working towards
a two year construction project with the Mackenzie and Lymon roundabouts constructed in
2025, and the interstate ramp roundabouts constructed in 2026.
Linwood Park Sport Courts: We are working with Omann Bros on a schedule for milling and
overlaying the courts.
I-94 Gap Project – Albertville to Monticello: We have received questions regarding noise walls
and if the process will include noise walls in Albertville. Unfortunately, noise walls in Albertville
are not part of the project. My understanding is the noise effects of the added lane do not meet
whatever threshold is required for noise mitigation. MnDOT’s noise analysis is available on the
project’s webpage.
Main Avenue Reconstruct: Staff learned that Xcel is going to relocate its feeder line from Main
Avenue to a different route along Barthel Industrial Dr. We are also working with Xcel to select
a decorative lighting system from their Outdoor Lighting program, which Xcel would maintain
and repair for a period of 25 years.
Central Park Play Area: Staff is updating the park playground plans and will be developing plans
and specification for a 2025 project.
2024 Street Overlay: With the exception of a striping, the project is generally complete.
WWTF Improvements: The project continues to progress well. Currently, the Contractor is
working to complete site grading, road construction, and electrical work.
Generator Improvements: The generator project remains ongoing. We are still waiting for the
control cabinet for Villas lift station. Once we have the cabinet, the Contractor will be able to
pour the pads for the cabinet and generator. The concrete pads for the generator and switch
gear at the fire hall were poured this past month. The generators for the fire hall and Villas Lift
Station are expected to arrive by the end of the year.
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.
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