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2015-03-16 CC Agenda Packet City of Albertville Council Agenda Monday, March 16, 2015 City Council Chambers 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-03-16 CC Agenda.doc Meeting Date: March 16, 2015 NOTE: Joint Planning Commission and City Council Workshop – 6:00 p.m. 1. Call to Order 2. Pledge of Allegiance – Roll Call 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 it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the March 2, 2015 regular City Council meeting minutes as presented (pgs 3- 13) B. Authorize the Monday, March 16, 2015 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request (pg 14) C. Approve a One-Day Temporary Intoxicating Liquor License for the Albertville Lions Club for their annual Comedy Night to be Saturday, April 25, 2015 (pgs 15-16) D. Approve the annual renewal of liquor licenses listed in the staff report contingent on full payment of license fees, proof of liquor liability insurance, and Wright County Sheriff’s review for liquor law violations (pgs 17-18) 7. Public Hearings – None 8. Department Business A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, etc.) B. Public Works/Engineering – None Agenda Page 1 City of Albertville Council Agenda Monday, March 16, 2015 Page 2 of 2 M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-03-16 CC Agenda.doc Meeting Date: March 16, 2015 C. Finance – None D. City Clerk – None E. Planning/Zoning – None F. Building – None G. Legal – None H. Administration 1). Sale of Tax Forfeited Properties, Lots 35 and 37, Block 2, Prairie Run (pgs 19-30) (Motion to accept the high bids of Christian Builders and enter into purchase agreements for the sale of Lot 35, Block 2, Prairie Run to Christian Builders for $41,200 and the sale of Lot 37, Block 2, Prairie Run to Christian Builders for $38,200.) 2). City Administrator’s Update (pgs 31-52) 9. Announcements and/or Upcoming Meetings March 23 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. March 30 Joint Governance Meeting, St. Michael City Center, 6:00 p.m. April 6 City Council, 7:00 p.m. April 13 STMA Arena Board, 6:00 p.m. April 14 Planning Commission, 7:00 p.m. April 20 Local Board of Equalization and Appeal, 5:30 p.m. City Council, 7:00 p.m. April 27 Joint Powers Water Board, 6:30 p.m. MARCH Su M Tu W Th F Sa 1 CC 2 3 4 5 6 7 8 Ice 9 PC10 11 12 13 14 15 CC 16 17 18 19 20 21 22 JP23PK 24 25 26 27 28 29 JM 30 31 APRIL Su M Tu W Th F Sa 1 2 3 4 5 CC 6 7 8 9 10 11 12 Ice 13 PC14 15 16 17 18 19 CC 20LBAE 21 22 23 24 25 26 JP 27 28 29 30 10. Adjournment Agenda Page 2 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-02 CC Minutes.doc Meeting Date: March 2, 2015 ALBERTVILLE CITY COUNCIL Monday, March 2, 2015 7:00 p.m. DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:00 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, and Sergeant Eric Kunkel Others Present: Jacob Steen Larkin, Hoffman Attorneys Jason Becker 6733 East Oak Drive, Monticello Bob and Juamil Lezer 603 Buffalo Hills Street, Buffalo Andrew Voge 2233 Dakota Avenue NE, St. Louis Park Brett and Sarah Kaczor 8334 Padgett Avenue NE, Otsego Stacy Behrens 1491 Jackson Avenue NE, St. Michael Michelle Weber 11990 47th Place NE, St. Michael Terry and Amanda Conrad 18689 Traverse Lane, Big Lake McKenna and Russ Rogers 419 3rd Street NW, St. Michael Nate and Leslie Olson 7850 Parish Avenue NE, Otsego Lanae and Abe Wallace 11778 76th Street NE, Otsego David Grabowski 608 Holly Circle SW, St. Michael Troy Gustafson 4225 Katlin Avenue NE, St. Michael Kelly and Mike Colusimo 14056 Savanna Drive, Rogers Kevin and Joelle Vote 4890 Page Avenue NE, St. Michael Jeremy and Susanne Wagner 5456 54th Circle NE, Albertville and 8290 Pioneer Trail, Greenfield Samantha and Andrew Grimsley 111 Rambling Creek Drive, St. Michael Mindy and Jeremy Johnson 3388 Kahler Court NE, St. Michael Kris Cruikshank 4502 10th Street NE, Buffalo Nick Kehoe 6446 Marshall Avenue NE, Otsego Agenda Page 3 City of Albertville Council Agenda Monday, March 2, 2015 Page 2 of 11 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-02 CC Minutes.doc Meeting Date: March 2, 2015 Adam Duerr 6599 Mason Avenue NE, Otsego Mark Rachel 14051 Teal Court, Rogers Chad and Kris Bennett 565 Sycamore Avenue NW, St. Michael Matt Fitch 5295 Kahler Drive NE, Albertville Marcia Phillips 4885 Kassel Avenue NE, Albertville Ryan Ottman 4285 Kady Avenue NE, St. Michael Danielle and Derek Eiklenborg 1610 Anderson Avenue, Buffalo Jeremiah Curran 851 Kayla Lane, Hanover Adam Litterault 7534 Landau Avenue NE, Otsego Jason and Jenny Becker 6733 East Oak Dr, Monticello Duane and Jan Capps 11631 55th Street NE, Albertville Scott Graham 1271 Vernon Street, Big Lake Bryce Johnson 12516 43rd Street NE, St. Michael Jeff Wigfield 13684 48th Street NE, St. Michael Justin Dahmer 11199 69th Street NE, Albertville Terry Jakubiez 13657 Island View Drive, Elk River Olivia Thul 7596 Landau Avenue NE, Otsego Tim and Sarah Sixta 9851 101st Street NE, Otsego Eric Bullen 11281 69th Street NE, Albertville Mike Jensen 417 Prairie Road, Monticello Jeremy and Paige Martin 5680 Iffert Avenue NE, St. Michael Tony Howard 11868 47th Place NE, St. Michael Gary Vetsch 350 Creekside Drive, St. Michael Tim Demery 6448 82nd Street NE, Monticello Alec Barden 19912 Darrell Lane, Corcoran Michaela and Chad Anderson 6922 Marting Farms Avenue NE, Otsego Cheryl and Connie Paulson 1499 Jackson Avenue NE, St. Michael Lawrence Didur 413 Rambling Creek Circle, St. Michael John Warner 5447 Labeaux Avenue NE, Albertville Marcus Barden 19912 Darrell Lane, Corcoran Jeremy Martin 5680 Iffert Avenue NE, St. Michael Brent and Chris Burham 6301 Marshall Avenue NE, Otsego Dawn Brommer 13947 55th Street NE, St. Michael Arianna Delmonico 10219 46th Street NE, St. Michael Georgia Husting 406 Maple Knoll Way NW, St. Michael Mike and Dawn Sinkule 409 Rambling Creek Circle, St. Michael Jason Richardson 486 4th Street NE, St. Michael Lance and Layla Burda 12455 60th Street NE, Albertville Karen Malin 4325 Harvest Court, Monticello Michelle Pritchard 13399 Hyner Road, Rogers Cindy Lehn 11558 57th Street NE, Albertville Dexter Phillips 4883 Kassel Avenue NE, Albertville Agenda Page 4 City of Albertville Council Agenda Monday, March 2, 2015 Page 3 of 11 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-02 CC Minutes.doc Meeting Date: March 2, 2015 3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS – None 4. PUBLIC FORUM – (time reserved 5 minutes) Hendrickson indicated there is one “request to speak” to card, but it falls under the Westbridge/Leuer rezoning and she asked the speaker to speak at that time. 5. APPROVAL OF THE AGENDA Nafstad added farming of City-owned parcel as Item H3 to the agenda. Motioned by Vetsch, seconded by Hendrickson, to approve the agenda. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nay: None. Absent: None. MOTION DECLARED CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the February 17, 2015 regular City Council meeting minutes as presented B. Authorize the Monday, March 2, 2015 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 Sorensen had a minor amendment to the February 17, 2015 City Council minutes. He stated the Council members absent should be Olson and Vetsch rather than Olson and Sorensen. Both Olson and Vetsch abstained from approving the Consent Agenda as they were both gone from the February 17, 2015 City Council meeting. Motioned by Hudson, seconded by Hendrickson, to approve the Consent Agenda. Ayes: Hendrickson, Hudson, and Sorensen. Nays: None. Abstain: Olson and Vetsch. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS – None Agenda Page 5 City of Albertville Council Agenda Monday, March 2, 2015 Page 4 of 11 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-02 CC Minutes.doc Meeting Date: March 2, 2015 8. DEPARTMENT BUSINESS A. Planning/Zoning 1). Rezoning Application from Westbridge Community Church/Leuer- Munstertieger Properties, Inc. to Rezone Outlot A, Heuring Meadows, from B-2, Limited Business District to P/I, Public Institutional District Brixius reported there is a rezoning request for Outlet A, Heuring Meadows, from B-2 Limited Business, to P/I, Public Institutional. This site is 11.5 acres in total area. The outlot was created in 2001 and there is a B-2 single parcel in the northeast corner of the site. The application before Council includes a concept plan for a 17,600 square-foot church with a seating capacity for 600 people. The concept plan also shows a 204 stall parking lot with access points at CSAH 19 and 53rd Street NE. The Planning Commission reviewed the February 5, 2015 planning report and held a public hearing at the February 10, 2015 Planning Commission meeting. It was recommended by a 3-0 vote of the Planning Commission to change zoning for Outlot A, Heuring Meadows, from B-2, Limited Business to P/I, Public Institutional District. Brixius stated the site is guided in the Comprehensive Plan as commercial land use in a B-2 arrangement extending up to the townhomes. The zoning was established in 1998 as B-2 Limited Business to allow low intensity uses that would be compatible to uses along CSAH 19 as well as adjoining residential neighborhoods. In 2012, the Visioning Study re-established the land use objectives and established the current land use map. In review of the application, staff found that the land use change is inconsistent with the City’s long-range land use plan and contrary to the goals and policies of the Visioning Study. The B-2 zoning does not allow large assembly uses such as theaters and churches and thus rezoning would be needed for the church. Brixius stated that the proposed church would have characteristics similar to the B-2 commercial use except for large assembly activities. The rezoning would isolate a current B-2 property, which currently has a single-family home on it, and it was originally intended to be included with the larger land use area. The concept plan is consistent with what is allowed in the P/I, Public Institutional District. The applicant would need to go through a subdivision application to plat the property, site and building plan review, and establish access points to the site. Brixius stated that with the site as a church, it will remove the property from the tax rolls. The City currently receives approximately $4,000 in taxes due to agricultural uses. Brixius stated staff looked at The Shoppes at Prairie Run to identify potential City taxes if the property were developed as commercial and estimated approximately $133,000 in taxes would go to the City if developed commercially. There are also no park dedication fees for public or institutional uses. Agenda Page 6 City of Albertville Council Agenda Monday, March 2, 2015 Page 5 of 11 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-02 CC Minutes.doc Meeting Date: March 2, 2015 Brixius stated the applicant has outlined that churches provide economic benefits to the communities in which they are located. At the Planning Commission public hearing, it was estimated that 60% of the membership lives outside the STMA area and that draws spin off business to local retailers and restaurants. It was also stated at the hearing that the church provides social services to the community that are not currently provided. Brixius stated that the site has utility capacity to serve the church. He also stated the adjoining streets have capacity as well, but development may accelerate the need for the installation of a traffic signal at 53rd Street NE and CSAH 19. The church would be willing to move forward with their share for the improvement. Brixius stated there are two resolutions before Council: one for approval with findings and one for denial with findings. Brixius clarified that since they are outside of the Twin Cities Metropolitan Area, the City may change land use and zoning at its discretion. Brixius clarified that a traffic study has not been done at this time. Jeremiah Curran, 851 Kayla Lane, Hanover, provided a history of the church and different locations where the church has been operating. He stated it became clear the church needed a new permanent home and the church has entered into a purchase agreement for Outlot A, Hearing Meadows. Curran indicated that utilities and access will not be overburdened and the church would contribute to signalization if needed. The use does meet performance standards and is compatible to the area. Curran stated there are benefits and economic value that will be brought in by the church. 60% of the membership lives outside the STMA area. He stated that the church reinvests into the community. He stated studies have shown churches grow residential neighborhoods, increase property values, decrease crime rates, and provide over $100,000 a year in social services. In regards to the application being contrary to the City’s long-range land use planning, Curran felt that is why there is a zoning amendment application process. Curran felt that the church would not be inconsistent with development along the CSAH 19 corridor. Social services and economic benefits outweigh the loss of property tax revenue. Curran stated they have looked at many sites within the STMA area and they are willing to work with the City’s processes to rezone the property. He stated he feels they meet the criteria for rezoning. Hudson stated that staff has brought forward the vision of past Councils, but he is uncomfortable with the idea of preventing a property owner who is willing to sell from pursuing an agreement with a willing buyer. He added there are several vacant commercial areas around town and he felt that if demand drives the need for a church at this site, the Council’s long-range plan should not be a factor in denying the application. He was in support of the rezoning of the site to P/I Public Institutional District. Agenda Page 7 City of Albertville Council Agenda Monday, March 2, 2015 Page 6 of 11 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-02 CC Minutes.doc Meeting Date: March 2, 2015 John Warner, 5447 Labeaux Avenue NE, spoke in favor of denying the rezoning application, felt that revenue will be lost in City taxes, and had concerns about an assessment for an easement to the his property. Mike Leuer, spoke to the issue of an easement for a road. He indicated the preliminary concept showed the road on the site. Leuer stated that the market dictates what can be developed and he does not see commercial development going in at the proposed site. Hudson stated that there were comments made at the Planning Commission meeting from an Albertville resident living adjacent to the site that was originally opposed to the rezoning, but changed her mind after the presentation and felt the rezoning would benefit her property. Jared Grove clarified the homeowner had been trying to sell her property and the unknown commercial development of the site did not allow her to close on the sale. Hendrickson inquired about the Planning Commission decision on the rezoning. Hudson indicated that after the public hearing and listening to all the comments, the three commissioners voted in favor of the rezoning. Hendrickson shared that her original viewpoint was to keep the CSAH 19 corridor as commercial, but with the amount of public input regarding the issue, she wants to do what is best for Albertville. The feedback she has received has been generally positive. Sorensen asked Brixius to recap the Visioning process utilized in 2012. Brixius stated that the Comprehensive Plan had last been updated in 1998 and with the development that was occurring, they saw need to update the plan for the next twenty years and decided to do a vision study rather than a completely new Comprehensive Plan. The study involved the Planning Commission, Parks Committee, City Council, etc. The focus of the plan was on commercial and economic development as areas outside of Albertville had lots of residential growth and they saw an opportunity for a hub for commercial and industrial uses. Sorensen indicated that business owners were also included in the study. He clarified that the study involved more groups than just the City Council. He stated that the City is four square miles and that as a Councilmember he feels he needs to look long term and protect the tax base. He also feels this rezoning would set a precedent. Vetsch stated there is past history regarding the site and there have been offers on the property. He stated there is also a loss of tax dollars for the school district. Sorensen indicated the church had come before Council in November and the Council had at that time indicated they wanted to the site zoned as commercial. He also stated there had been a proposal for a 100-unit multi- family housing development at the site earlier in the year, but Council had wanted to keep the lot commercial. He stated it is prime commercial spot with a lot of traffic along the corridor. Kris Cruikshank, 4502 10th Street NE, Buffalo, stated the congregation consists of business owners and self-employed entrepreneurs. She felt that if the church were located in Albertville, it could prompt future business endeavors. Agenda Page 8 City of Albertville Council Agenda Monday, March 2, 2015 Page 7 of 11 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-02 CC Minutes.doc Meeting Date: March 2, 2015 Olson stated that he felt the church is good for the community and he is glad the church is growing, but he is bothered by both the location and isolating the parcel in the northeast corner. Sorensen stated that for every commercial property that is not developed commercially, the higher Albertville taxes will be. Motioned by Sorensen, seconded by Vetsch, to approve Resolution 2015-007 denying the request of Westbridge Community Church and Leuer-Munstertieger Properties, Inc. to Rezone Outlot A, Heuring Meadows, from B-2, Limited Business District to P/I, Public Institutional District. Ayes: Olson, Sorensen, and Vetsch. Nays: Hendrickson and Hudson. MOTION CARRIES 3-2. Council recessed the meeting at 7:58 p.m. Hendrickson reconvened the meeting at 8:04 p.m. 2). Nelson Billboard Height Variance Request Brixius stated the applicant is requesting a variance to allow for a 40-foot high billboard to overcome negative elevation between the site and I-94. The Planning Commission held a public hearing on February 10, 2015 and after hearing comments, the Commission recommended denial of the application by a 2 to 1 vote. Brixius stated the site allows both commercial and billboards. He stated that with a recently approved sign ordinance amendment, the site meets the City’s spacing and setback standards. The proposed application is requesting the sign height variance in order to allow a retail or commercial building below the billboard. Brixius indicated the only other billboard that has a comparable elevation is the Knechtl billboard. The applicant claims there are practical difficulties due to the small size of the lot and easements on the property. The applicant did receive approval of a 30-foot high billboard and submitted an acknowledgment and waiver for obstructed sight lines due to I-94 or CSAH 19 future improvements. The Planning Commission recommended denial of the variance finding the use is not a reasonable use of the site, the billboard was previously approved for a 30-foot height, there is no assurance there will be future development of the site, and the difficulty is generated by the property owner. Brixius indicated the Council also has a resolution before them to approve the variance with findings. Jacob Steen, Larkin Hoffman Attorneys, was present to represent the applicant. Olson inquired of Steen when they could possibly see a building permit for construction of the retail building beneath the billboard sign. Steen stated the need for the variance is to preserve the site for retail use as well as the sightlines to I-94. Since the time of the billboard approval, Steen Agenda Page 9 City of Albertville Council Agenda Monday, March 2, 2015 Page 8 of 11 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-02 CC Minutes.doc Meeting Date: March 2, 2015 indicated the applicant has been approached by an interested party to construct a retail building. He stated they also need to preserve sight lines to I-94 as the highway is at its highest point just north of the site. There is an interested third party for a retail use and they cannot move forward with discussions until or unless the site is buildable. Olson inquired about moving the billboard further to the west and Steen indicated the highway deck gets higher. Steen felt the current location is the best option at this time. He stated there are issues with the number of easements on the property. Brixius stated that could set additional restrictions on location of the billboard and Steen asked that they not restrict the location of the billboard as the location could change depending on construction of a retail building. Motioned by Sorensen, seconded by Hendrickson, to approve Resolution No. 2015-007 approving the request for the billboard height variance. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. MOTION DECLARED CARRIED. B. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, etc.) Parks Committee Hudson stated the committee reviewed two candidates for the open position and they will be invited to the March meeting. The Committee recommended closing the application process for candidates. Hudson reported 2015 park projects include receiving a bid for a shelter at Oakside Park, Linfield Park is due for a sign, Linwood Park is scheduled for tennis and basketball court resurfacing, Memorial Park will be irrigated by funds from the Fire Department that have been earmarked for that project, and replacing the bituminous trail along Kalland Avenue NE with a concrete sidewalk. The committee also discussed Explore Your Parks Night on Friday, May 15. Nafstad stated that it has been difficult in the past to solicit donations of food for the event and inquired if the Council is willing to contribute a small amount of funds for the food. Couri indicated there should not be an issue as many cities do the same for National Night Out. Hendrickson reported that FYCC may be putting on an event in May as well. C. Finance 1). 4th Quarter Report – Un-audited Sorensen inquired about capital reserves and moving money from fund to fund. Lannes reported the General Fund must maintain a balance of the State minimum before funds can be transferred. She stated transfers will be done after the audit in April. D. Legal 1). City Attorney Report Agenda Page 10 City of Albertville Council Agenda Monday, March 2, 2015 Page 9 of 11 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-02 CC Minutes.doc Meeting Date: March 2, 2015 Hendrickson inquired if Westbridge Church could come back with a modified plan to keep a portion of the site as commercial. Brixius indicated they would need to go through the subdivision process. Brixius did state there was a 10-acre lot south of the Middle School that could be an optional site. Brixius stated that staff would not bring forward another application that would not be successful and Nafstad indicated they could bring any conceptual changes to Council without formal application. E. City Clerk 1). Set Workshop for 2015 Goal Setting and Priorities Motioned by Hendrickson, seconded by Olson, to set a workshop for Monday, March 16, 2015 at 6:00 p.m. in the City Council Chambers. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. F. Public Works/Engineering – None G. Building – None H. Administration 1). Full-Time Fire Chief/Fire Marshal/Emergency Manager Position Nafstad stated the Fire Committee had a recommendation to appoint Eric Bullen to the full-time Fire Chief position. Nafstad thanked the members of the committee for the time and effort put forth during the interview process. The committee felt that Bullen was the best fit for the Fire Department. Nafstad stated that Bullen is currently an Albertville and St. Michael firefighter. He is a law enforcement officer with the City of Minneapolis. Bullen introduced himself to Council and felt the selection process was fair. He is excited to begin the position. Vetsch inquired about the amount of vacation days recommended for Bullen. Nafstad indicated due to Bullen’s municipal experience, it is comparable to the Albertville Personnel Policy. Vetsch inquired who would be in charge when that time is used and Nafstad indicated that the chain of command would be followed starting with the Assistant Chief, captains, and lieutenants. Sorensen and Olson did not feel the vacation time would be an issue and Nafstad indicated there would be many hours of evening and weekend work as well. He did speak to Bullen about keeping regular office hours similar to City Hall. Nafstad indicated they are working towards a start date of April 1, there will be a swearing in ceremony for the position and Bullen is working on a transition plan with the City of Minneapolis. Nafstad stated Bullen has nine years in the Fire Relief Association and a member is not fully vested until ten years. He stated they will meet with the Fire Relief Association to discuss options relating to Fire Relief benefits at a later date. Motioned by Olson, seconded by Sorensen, to appoint Eric Bullen to the full-time Fire Chief/Fire Marshal/Emergency Manager position. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Agenda Page 11 City of Albertville Council Agenda Monday, March 2, 2015 Page 10 of 11 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-02 CC Minutes.doc Meeting Date: March 2, 2015 2). City Administrator’s Update There were no questions from Council. 3). Farming of City-owned Land Nafstad reported the City has three parcels that are City-owned and the Beaudry family has been farming the parcels since 2004. Up until 2009, the Beaudry family was paying rent on the parcels, but the parcels would have become taxable if the City continued to receive rent, so the family has been farming it since 2009 rent free. If the City were to receive rent or the family to plant a row crop rather than hay, the parcels would become taxable in the amount of approximately $160 an acre and that would not be profitable for farming. Nafstad indicated he has had other parties interested in farming the parcels and the City does not want to maintain (mow) the parcels. Nafstad is looking for direction on how and to whom the City grants the farming privileges on the parcels. Couri suggested that the farming privileges be done in a series of several years to help the farmer recoup their investment. Nafstad indicated that the Beaudry family does need the City’s authorization to farm the land and will need the City to complete some form work within the next couple of weeks. Lannes clarified that the agreement with the Beaudry family is for a single year. Hendrickson was supportive of moving forward with the Beaudry family for the 2015 season and then revisiting the topic at a later time. Council agreed. Council discussed several options for development of those City lots. 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS March 9 STMA Ice Arena Board, 6:00 p.m. March 10 Planning Commission, 7:00 p.m. March 16 Joint Planning & City Council Workshop, 6:00 p.m. City Council, 7:00 p.m. March 23 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. March 30 Joint Governance Meeting, 6:00 p.m. April 6 City Council, 7:00 p.m. April 13 STMA Ice Arena Board, 6:00 p.m. April 14 Planning Commission, 7:00 p.m. April 20 Local Board of Equalization and Appeal, 5:30 p.m. City Council, 7:00 p.m. April 27 Joint Powers Water Board, 6:30 p.m. Agenda Page 12 City of Albertville Council Agenda Monday, March 2, 2015 Page 11 of 11 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-02 CC Minutes.doc Meeting Date: March 2, 2015 MARCH Su M Tu W Th F Sa 1 CC 2 3 4 5 6 7 8 Ice 9 PC10 11 12 13 14 15 CC 16 17 18 19 20 21 22 JP23PK 24 25 26 27 28 29 JM 30 31 APRIL Su M Tu W Th F Sa 1 2 3 4 5 CC 6 7 8 9 10 11 12 Ice 13 PC14 15 16 17 18 19 CC 20LBAE 21 22 23 24 25 26 JP 27 28 29 30 10. ADJOURNMENT Motioned by Vetsch, seconded by Olson, to adjourn the meeting at 9:20 p.m. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetch. Nays: None. Absent: None. MOTION DECLARED CARRRED. Respectfully submitted, Kimberly A. Olson City Clerk Agenda Page 13 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-16 Finance Bills Report (RCA).doc Meeting Date: March 16, 2015 March 12, 2015 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, March 16, 2015 payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 14 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-16 Lions Club Intoxicating liquor license.doc Meeting Date: March 16, 2015 March 11, 2015 SUBJECT: CONSENT – CITY CLERK – ONE-DAY TEMPORARY INTOXICATING LIQUOR LICENSE FOR ALBERTVILLE LIONS COMEDY NIGHT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve a One-Day Temporary Intoxicating Liquor License for the Albertville Lions Club for their annual Comedy Night to be Saturday, April 25, 2015. BACKGROUND: The Albertville Lions have submitted an application for a One-Day Temporary Intoxicating Liquor License. The license will be for their annual Comedy Night. The event will be held at City Hall, 5959 Main Avenue NE, on April 25, 2015. KEY ISSUES: • The Lions have submitted the appropriate application and fee. • The City has not received any past complaints regarding this event. • The Lions hold the required liquor liability insurance. • This liquor license requires both City Council and Minnesota Alcohol and Gambling Control Board approval. FINANCIAL CONSIDERATIONS: There is a $220 fee per day for a Temporary Intoxicating Liquor License. POLICY CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny all applications for liquor licenses within Albertville. Responsible Person/Department: Kimberly A. Olson, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Liquor License Application Agenda Page 15 Agenda Page 16 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-16 Annual Liquor License Renewal.doc Meeting Date:March 16, 2015 March 11, 2015 SUBJECT: CONSENT – CITY CLERK – ANNUAL RENEWAL OF LIQUOR LICENSES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion(s): MOTION TO: Approve the annual renewal of liquor licenses listed in the staff report contingent on full payment of license fees, proof of liquor liability insurance, and Wright County Sheriff’s review for liquor law violations. BACKGROUND: Each year the City of Albertville and State of Minnesota Alcohol and Gambling Enforcement Division (AGED) must approve the renewal of liquor licenses for establishments within Albertville. The City must verify there are no outstanding fines, City Code violations, or delinquent taxes for each establishment. The Wright County Sheriff’s Office must also look for liquor law violations within the last five years. Once Council has approved the liquor renewals locally, they will be sent to the MN AGED for their approval. The liquor license period for the upcoming year runs April 15, 2015 to April 14, 2016. The following liquor licenses are recommended for approval: Trade Name Licensee Name Licensed Address License Type 152 Club 152 Club, Inc. 5794 Main Ave NE PO Box 34 Sunday On Sale & Off Sale Cedar Creek Bar & Grill Cedar Creek Golf Course LLC 5700 Jason Ave NE Sunday On Sale Coborn's Grocery Coborn’s, Inc. 5698 LaCentre Ave NE 3.2 Off Sale Coborn's Liquor Coborn’s, Inc. 5698 LaCentre Ave NE Off Sale D. Michael B's D. Michael B’s II, Inc. 6550 Lamplight Dr NE Sunday On Sale Emma Krumbees Restaurant Morris Walker Ltd. 11935 59th Place NE Sunday On Sale Geez Sports Bar & Grill C.L. Gentile, Inc. 5788 Main Ave NE PO Box 224 Sunday On Sale & Off Sale John Hardy’s BBQ Hardy’s of Albertville, LLC 6730 Laketowne Place NE On Sale Wine & Strong Beer Hong Thai Hong Thai, Inc. 5600 LaCentre Ave NE Suite 110 On Sale Wine & Strong Beer Neighbors Eatery & Saloon Neighbors Bar & Grill, Inc. 5772 Main Ave NE PO Box 134 Sunday On Sale & Off Sale Space Aliens Grill & Bar LGM, Inc. 11166 County Rd 37 Sunday On Sale Westside Liquor S & D Liquor, Inc. 11095 61st St NE Suite P Off Sale Willy McCoys Willy McCoys of Albertville LLC 5651 LaCentre Ave NE Sunday On Sale Agenda Page 17 Mayor and Council Request for Action – March 16, 2015 Annual Renewal of Liquor Licenses Page 2 of 2 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-16 Annual Liquor License Renewal.doc Meeting Date: March 16, 2015 KEY ISSUES: • There are no delinquent taxes, outstanding fines, or City Code Violations for the above establishments. • Approval is contingent on full payment of licensee fees, proof of liquor liability insurance, and background check by the Wright County Sheriff’s Office. • There were two liquor license violations in 2013: Neighbors Eatery & Saloon and Hong Thai. Hong Thai paid their administrative fine and Neighbors Eatery & Saloon has shown proof of purchase of an identification verification system (I.D. swiper) in lieu of their administrative fine (per Council recommendation/motion). No other violations have occurred in the last five years. • On-Sale Wine and Strong Beer licenses must provide proof that 60% of their sales are contributed to food sales. The establishments that hold this license have provided the information. POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and City Council’s policy to review and approve or deny liquor license renewals for establishments within Albertville. FINANCIAL CONSIDERATIONS: The following are fees collected for the 2015 liquor license renewals: License Type License Fee # of 2014 Licenses 2014 Revenue # of 2015 Licenses 2015 Revenue On-Sale Intoxicating Liquor $3,300 8 $26,400 8 $26,400 Sunday On-Sale $200 8 $1,600 8 $1,600 On Sale Wine $110 1 $110 2 $220 On Sale 3.2% Malt Beverage $100 1 $100 2 $200 Off Sale Intoxicating $150 5 $750 5 $750 Off Sale 3.2% Malt Beverage $100 1 $100 1 $100 $29,060 $29, 270 Responsible Person/Department: Kimberly A. Olson, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: None Agenda Page 18 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-16 Prairie Run Lot Bids.doc Meeting Date: March 16, 2015 March 12, 2015 SUBJECT: LEGAL – SALE OF TAX FORFEITED LOTS 35 AND 37, BLOCK 2, PRAIRIE RUN RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Accept the high bids of Christian Builders and enter into purchase agreements for the sale of Lot 35, Block 2, Prairie Run to Christian Builders for $41,200 and the sale of Lot 37, Block 2, Prairie Run to Christian Builders for $38,200. BACKGROUND: In August, 2014 the City received deeds from the State of Minnesota to 17 residential properties in Prairie Run. Two of these properties are regular-sized cul-de-sac lots, while the other 15 are small detached townhome lots. In February, the City Council authorized the advertisement for bids for the two cul-de-sac lots, Lots 35 and 37, Block 2. City staff advertised in the North Crow River News and the Wright County Journal Press, called the people who had previously called the City expressing interest in the lots, and put the word out to area builders that the City was taking bids on the lots. A minimum bid price of $35,000 was put on each lot. Bids were opened at 5 p.m. on March 10th. The City received two bids on each lot, as follows: Bidder Lot Bid Amount Christian Builders 35 $41,200 Ziegler Custom Homes 35 $36,000 Christian Builders 37 $38,200 Ziegler Custom Homes 37 $35,100 The proceeds of the sale would be applied to the unpaid special assessments that remain outstanding from the Prairie Run project. KEY ISSUES: • The City acquired these properties for $5,000 each from the State after the properties went tax forfeit. • All proceeds of the sale will reduce the deficit in the Prairie Run project fund. • Both bids exceeded the minimum bid of $35,000 previously set by the City Council. • Staff recommends accepting the bids of Christian Builders and authorizing the City to execute the attached purchase agreements. Agenda Page 19 Mayor and Council Request for Action – March 16, 2015 Sale of Tax Forfeited Lots 35 and 37, Block 2, Prairie Run Page 2 of 2 M:\Public Data\City Council\Council Packet information\2015\031615\2015-03-16 Prairie Run Lot Bids.doc Meeting Date: March 16, 2015 POLICY/PRACTICES CONSIDERATIONS: Selling the lots will return these properties to the tax rolls and should result in the construction of two more single family homes in Albertville. FINANCIAL CONSIDERATIONS: The City will apply the $79,400 in proceeds to the cost of the lots ($10,000 total) with the remainder going to offset some of the money originally put into this Prairie Run project by the City and not paid back when the developer defaulted on the special assessment payments. LEGAL CONSIDERATIONS: The City may either accept the high bid (for either or both lots) or reject all bids. It cannot accept the low bid unless Christian Builders were deemed a non- responsible bidder. Staff knows of no facts that would cause Christian Builders to be deemed a non-responsible bidder. Responsible Person/Department: Tina Lannes, Finance Director Mike Couri, City Attorney Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Vacant Land Purchase Agreement, Lot 35, Block 2, Prairie Run. Vacant Land Purchase Agreement, Lot 37, Block 2, Prairie Run. Agenda Page 20 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 1 VACANT LAND PURCHASE AGREEMENT LOT 35, BLOCK 2, PRAIRIE RUN THIS PURCHASE AGREEMENT (the “Agreement”) is made as of the ______ day of March, 2015, by and between the City of Albertville, a Minnesota municipal corporation (“Seller”), and Christian Builders, Inc., a Minnesota Corporation (“Buyer”). R E C I T A L S: WHEREAS, Seller is the owner of Lot 35, Block 2 plat of Prairie Run (“Lot” or “Property”) located in the City of Albertville, Minnesota; WHEREAS, the Property is encumbered by that certain Planned Unit Development Agreement dated July 6, 2004, between Seller and Gold Key Development, Inc., that was recorded in the Office of the County Recorder in and for Wright County, Minnesota on December 22, 2004 as Document No. A940358 (the “PUD Agreement”); and WHEREAS, the parties desire to memorialize this agreement concerning the sale by Seller to Buyer, and the purchase by Buyer from Seller, of the Lot. NOW, THEREFORE, in consideration of the foregoing and for other valuable consideration, the parties agree as follows: 1. SALE OF LOT. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase and accept from Seller, fee title to the Property at a Closing which shall occur no later than 45 days from the date of this Agreement; 2. EARNEST MONEY/PURCHASE PRICE FOR LOT. Buyer agrees to pay to Seller the sum of $38,200 (the “Purchase Price”) for the Lot, payable as follows: a. Upon Buyer’s execution and delivery of this Agreement, Buyer shall pay to Seller $1,910 (the “Earnest Money”); and b. At the Closing, Buyer shall pay to Seller $36,290, representing the remainder of the Purchase Price. 3. SAC/WAC CHARGES. Buyer shall be responsible for paying City sewer and water access charges applicable to the Lot purchased by Buyer hereunder prior to the issuance of a building permit for such Lot. Agenda Page 21 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 2 4. SELLER’S WARRANTIES. Seller warrants as follows: a. To the best of the Seller's knowledge there are no hazardous wastes, abandoned wells, or underground storage tanks on the Lot. b. Seller warrants that the Lot DOES NOT receive preferential tax treatment (i.e., Green Acres, etc.), and may be listed as non-homestead or tax exempt property for the current tax year. 5. BUYER COVENANTS. Buyer agrees as follows: a. All homes constructed by Buyer shall comply with all zoning regulations, including all applicable planned unit development approvals. b. Buyer shall provide the Seller with a lot survey and building plans as required by City Ordinance before a building permit can be issued for the proposed residence on such Lot. 6. DEED/MARKETABLE TITLE: At closing, Seller shall deliver a general Warranty Deed conveying marketable title to such Lot, subject to the “Permitted Exceptions” (as hereafter defined in this Paragraph 6.a.-h. of this Agreement) including, without limitation: a. Building and zoning laws, ordinances, state and federal regulations; b. Restrictions relating to use or improvement of the property without effective forfeiture provisions; c. Reservation of any mineral rights by the State of Minnesota; d. Utility and drainage easements of record; e. The terms of the PUD Agreement. f. The City of Albertville Planned Unit Development Agreement recorded as document number 940358 in the Wright County Recorder’s Office, except that paragraphs 1.D., 2, 3, 5, 6, 7, 8, 9, 10, 13.C., 13.F. 13.G, 14.C., 15.A., 15.B., 16, 17, 18, and 20, shall not apply to the Buyer. Agenda Page 22 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 3 g. Any item designated in the title commitment described in paragraph 7 below to which Buyer does not make an Objection, also as defined in paragraph 7 below; h. Any other exception to title which Buyer determines, in writing and in its sole discretion, to be acceptable. 7. TITLE & EXAMINATION: Seller shall, within a reasonable time after acceptance of this agreement, provide a title commitment (“Commitment”) issued by a national title insurance company (the “Title Company”), certified to date to include proper searches covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments. Buyer shall be allowed 10 business days after receipt of such Commitment for examination of title and making any objections which shall be made in writing or deemed waived (each, an “Objection” and collectively, the “Objections”). If any Objection is so made, Seller shall have 20 business days from receipt of Buyer’s written title objections to notify Buyer of Seller’s intention to make title marketable and subject only to the Permitted Exceptions within 60 days from Seller’s receipt of such written objection. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within 10 days after written notice to Buyer the parties shall perform this Agreement according to its terms. If no such notice of Objections is given or if notice is given but title is not corrected within the time provided for, Buyer may, at its sole discretion, do one or more of the following: a. For Objections with respect to liens of a liquidated amount that were created or assumed by, or asserted against, Seller or Seller’s predecessors in title, and that Seller fails to pay or discharge on or before any Closing, proceed to such Closing and withhold from the Purchase Price an amount which, in the reasonable judgment of the Title Company, is sufficient to assure cure of the Objections. Any amount so withheld shall be placed in escrow with the Title Company. Seller shall pay the cost and expense to create and administer the escrow. If Seller does not cure such Objections within sixty (60) days after such escrow is established, Buyer may then cure such Objections within a reasonable time and charge the costs against the escrowed amount. The parties agree to execute and deliver such documents as may be reasonably required by the Title Company to cure such Objections. Upon cure of such Objections, any unused escrow funds shall be refunded to Seller; b. Waive the Objections, accept title subject to the Objections, and proceed to such Closing, in which event such Objections shall be considered Permitted Exceptions, and in which case the parties shall remain obligated to perform pursuant to the terms of this Agreement, with no reduction of Purchase Price; or Agenda Page 23 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 4 c. Terminate this Agreement by sending written notice to Seller. Upon delivery of such notice of the termination of the entire Agreement, the Earnest Money shall be refunded to Buyer, and this Agreement shall be deemed terminated. d. If Seller provides a Commitment pursuant to this paragraph, (1) the title examination period shall commence upon Buyer’s receipt of the Commitment and (2) Seller shall pay only the cost of the Commitment and not the premium cost of any insurance Buyer may choose to obtain. It is acknowledged that Buyer will be obtaining and reviewing updated title reports for each Lot at Buyer’s expense as Buyer deems necessary or desirable.. Whether or not Buyer provides Seller with notice of Objections following its receipt of the initial Commitment as set forth above in this Section, Buyer may, at its option, at or prior to Closing upon any Lot, notify Seller in writing of any Objections to title first raised by the Title Company between (a) the effective date of the Commitment, and (b) the Closing Date for such Lot, provided such Objection did not arise as a result of Buyer’s actions, and provided such Objection is not a Permitted Exception. With respect to any Objections to title set forth in such notice, if Seller does not elect to cure such additional Objections, Buyer shall have the options set forth above in this Section 7. 8. REAL ESTATE TAXES. a. For each Lot purchased by Buyer hereunder, real estate taxes payable in the year of sale shall be prorated between Buyer and Seller to the Closing Date for such Lot. Delinquent real estate taxes shall be paid in full by Seller prior to such Closing Date. Buyer shall accept title to the Lot subject to the lien of real estate taxes payable in the year after Closing. Seller warrants taxes due and payable in the year of Closing for each Lot will be NON-HOMESTEAD classification. Seller makes no representation concerning the amount of subsequent real estate taxes. b. Special Assessments, if any, shall be extinguished by Seller prior to closing. c. Seller shall pay on the Closing Date for each Lot purchased by Buyer hereunder any deferred real estate taxes (i.e.. Green Acres, etc.) which are required as a result of the Closing of the sale of any Lot hereunder. 9. ACCEPTANCE: Buyer understands and agrees that this Agreement is subject to acceptance by Seller in writing. 10. INSPECTION: Buyer has the right to inspect each Lot prior to Closing upon its purchase thereof. Agenda Page 24 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 5 11. DEFAULT: If Buyer defaults in any of the agreements herein, Seller may, as its sole remedy available at law or in equity, choose to terminate this Agreement pursuant to Minn. Stat. § 559.21 and, upon such termination, payments made hereunder may be retained by Seller, including earnest money. In the event of Sellers’ default hereunder, Buyer may pursue a claim for specific performance; provided, as to specific performance, such action must be commenced within one-year after such right of action arises. 12. TIME OF ESSENCE: Time is of the essence in this Agreement. 13. ENTIRE AGREEMENT: This Agreement, any attached exhibits and any addenda or amendments signed by the parties, shall constitute the entire Agreement between Seller and Buyer, and supercedes any other written or oral agreements between Seller and Buyer. This Agreement can be modified only in writing signed by Seller and Buyer. 14. POSSESSION: Seller shall deliver possession of each Lot purchased by Buyer hereunder to Buyer not later than the date of closing of the purchase and sale of such Lot. CITY OF ALBERTVILLE CHRISTIAN BUILDERS, INC., ______________________________ By: Jillian Hendrickson, Mayor Date Name: Its: ______________________________ Dated: , 2015 Kimberly A. Olson, City Clerk DATE OF FINAL ACCEPTANCE_____________________ THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Agenda Page 25 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 1 VACANT LAND PURCHASE AGREEMENT LOT 37, BLOCK 2, PRAIRIE RUN THIS PURCHASE AGREEMENT (the “Agreement”) is made as of the ______ day of March, 2015, by and between the City of Albertville, a Minnesota municipal corporation (“Seller”), and Christian Builders, Inc., a Minnesota Corporation (“Buyer”). R E C I T A L S: WHEREAS, Seller is the owner of Lot 37, Block 2 plat of Prairie Run (“Lot” or “Property”) located in the City of Albertville, Minnesota; WHEREAS, the Property is encumbered by that certain Planned Unit Development Agreement dated July 6, 2004, between Seller and Gold Key Development, Inc., that was recorded in the Office of the County Recorder in and for Wright County, Minnesota on December 22, 2004 as Document No. A940358 (the “PUD Agreement”); and WHEREAS, the parties desire to memorialize this agreement concerning the sale by Seller to Buyer, and the purchase by Buyer from Seller, of the Lot. NOW, THEREFORE, in consideration of the foregoing and for other valuable consideration, the parties agree as follows: 1. SALE OF LOT. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase and accept from Seller, fee title to the Property at a Closing which shall occur no later than 45 days from the date of this Agreement; 2. EARNEST MONEY/PURCHASE PRICE FOR LOT. Buyer agrees to pay to Seller the sum of $41,200 (the “Purchase Price”) for the Lot, payable as follows: a. Upon Buyer’s execution and delivery of this Agreement, Buyer shall pay to Seller $2,060 (the “Earnest Money”); and b. At the Closing, Buyer shall pay to Seller $39,140, representing the remainder of the Purchase Price. 3. SAC/WAC CHARGES. Buyer shall be responsible for paying City sewer and water access charges applicable to the Lot purchased by Buyer hereunder prior to the issuance of a building permit for such Lot. Agenda Page 26 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 2 4. SELLER’S WARRANTIES. Seller warrants as follows: a. To the best of the Seller's knowledge there are no hazardous wastes, abandoned wells, or underground storage tanks on the Lot. b. Seller warrants that the Lot DOES NOT receive preferential tax treatment (i.e., Green Acres, etc.), and may be listed as non-homestead or tax exempt property for the current tax year. 5. BUYER COVENANTS. Buyer agrees as follows: a. All homes constructed by Buyer shall comply with all zoning regulations, including all applicable planned unit development approvals. b. Buyer shall provide the Seller with a lot survey and building plans as required by City Ordinance before a building permit can be issued for the proposed residence on such Lot. 6. DEED/MARKETABLE TITLE: At closing, Seller shall deliver a general Warranty Deed conveying marketable title to such Lot, subject to the “Permitted Exceptions” (as hereafter defined in this Paragraph 6.a.-h. of this Agreement) including, without limitation: a. Building and zoning laws, ordinances, state and federal regulations; b. Restrictions relating to use or improvement of the property without effective forfeiture provisions; c. Reservation of any mineral rights by the State of Minnesota; d. Utility and drainage easements of record; e. The terms of the PUD Agreement. f. The City of Albertville Planned Unit Development Agreement recorded as document number 940358 in the Wright County Recorder’s Office, except that paragraphs 1.D., 2, 3, 5, 6, 7, 8, 9, 10, 13.C., 13.F. 13.G, 14.C., 15.A., 15.B., 16, 17, 18, and 20, shall not apply to the Buyer. Agenda Page 27 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 3 g. Any item designated in the title commitment described in paragraph 7 below to which Buyer does not make an Objection, also as defined in paragraph 7 below; h. Any other exception to title which Buyer determines, in writing and in its sole discretion, to be acceptable. 7. TITLE & EXAMINATION: Seller shall, within a reasonable time after acceptance of this agreement, provide a title commitment (“Commitment”) issued by a national title insurance company (the “Title Company”), certified to date to include proper searches covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments. Buyer shall be allowed 10 business days after receipt of such Commitment for examination of title and making any objections which shall be made in writing or deemed waived (each, an “Objection” and collectively, the “Objections”). If any Objection is so made, Seller shall have 20 business days from receipt of Buyer’s written title objections to notify Buyer of Seller’s intention to make title marketable and subject only to the Permitted Exceptions within 60 days from Seller’s receipt of such written objection. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within 10 days after written notice to Buyer the parties shall perform this Agreement according to its terms. If no such notice of Objections is given or if notice is given but title is not corrected within the time provided for, Buyer may, at its sole discretion, do one or more of the following: a. For Objections with respect to liens of a liquidated amount that were created or assumed by, or asserted against, Seller or Seller’s predecessors in title, and that Seller fails to pay or discharge on or before any Closing, proceed to such Closing and withhold from the Purchase Price an amount which, in the reasonable judgment of the Title Company, is sufficient to assure cure of the Objections. Any amount so withheld shall be placed in escrow with the Title Company. Seller shall pay the cost and expense to create and administer the escrow. If Seller does not cure such Objections within sixty (60) days after such escrow is established, Buyer may then cure such Objections within a reasonable time and charge the costs against the escrowed amount. The parties agree to execute and deliver such documents as may be reasonably required by the Title Company to cure such Objections. Upon cure of such Objections, any unused escrow funds shall be refunded to Seller; b. Waive the Objections, accept title subject to the Objections, and proceed to such Closing, in which event such Objections shall be considered Permitted Exceptions, and in which case the parties shall remain obligated to perform pursuant to the terms of this Agreement, with no reduction of Purchase Price; or Agenda Page 28 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 4 c. Terminate this Agreement by sending written notice to Seller. Upon delivery of such notice of the termination of the entire Agreement, the Earnest Money shall be refunded to Buyer, and this Agreement shall be deemed terminated. d. If Seller provides a Commitment pursuant to this paragraph, (1) the title examination period shall commence upon Buyer’s receipt of the Commitment and (2) Seller shall pay only the cost of the Commitment and not the premium cost of any insurance Buyer may choose to obtain. It is acknowledged that Buyer will be obtaining and reviewing updated title reports for each Lot at Buyer’s expense as Buyer deems necessary or desirable.. Whether or not Buyer provides Seller with notice of Objections following its receipt of the initial Commitment as set forth above in this Section, Buyer may, at its option, at or prior to Closing upon any Lot, notify Seller in writing of any Objections to title first raised by the Title Company between (a) the effective date of the Commitment, and (b) the Closing Date for such Lot, provided such Objection did not arise as a result of Buyer’s actions, and provided such Objection is not a Permitted Exception. With respect to any Objections to title set forth in such notice, if Seller does not elect to cure such additional Objections, Buyer shall have the options set forth above in this Section 7. 8. REAL ESTATE TAXES. a. For each Lot purchased by Buyer hereunder, real estate taxes payable in the year of sale shall be prorated between Buyer and Seller to the Closing Date for such Lot. Delinquent real estate taxes shall be paid in full by Seller prior to such Closing Date. Buyer shall accept title to the Lot subject to the lien of real estate taxes payable in the year after Closing. Seller warrants taxes due and payable in the year of Closing for each Lot will be NON-HOMESTEAD classification. Seller makes no representation concerning the amount of subsequent real estate taxes. b. Special Assessments, if any, shall be extinguished by Seller prior to closing. c. Seller shall pay on the Closing Date for each Lot purchased by Buyer hereunder any deferred real estate taxes (i.e.. Green Acres, etc.) which are required as a result of the Closing of the sale of any Lot hereunder. 9. ACCEPTANCE: Buyer understands and agrees that this Agreement is subject to acceptance by Seller in writing. 10. INSPECTION: Buyer has the right to inspect each Lot prior to Closing upon its purchase thereof. Agenda Page 29 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 5 11. DEFAULT: If Buyer defaults in any of the agreements herein, Seller may, as its sole remedy available at law or in equity, choose to terminate this Agreement pursuant to Minn. Stat. § 559.21 and, upon such termination, payments made hereunder may be retained by Seller, including earnest money. In the event of Sellers’ default hereunder, Buyer may pursue a claim for specific performance; provided, as to specific performance, such action must be commenced within one-year after such right of action arises. 12. TIME OF ESSENCE: Time is of the essence in this Agreement. 13. ENTIRE AGREEMENT: This Agreement, any attached exhibits and any addenda or amendments signed by the parties, shall constitute the entire Agreement between Seller and Buyer, and supercedes any other written or oral agreements between Seller and Buyer. This Agreement can be modified only in writing signed by Seller and Buyer. 14. POSSESSION: Seller shall deliver possession of each Lot purchased by Buyer hereunder to Buyer not later than the date of closing of the purchase and sale of such Lot. CITY OF ALBERTVILLE CHRISTIAN BUILDERS, INC., ______________________________ By: Jillian Hendrickson, Mayor Date Name: Its: ______________________________ Dated: , 2015 Kimberly A. Olson, City Clerk DATE OF FINAL ACCEPTANCE_____________________ THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Agenda Page 30 City Administrator’s Update March 12, 2015 GENERAL ADMINISTRATION Joint Workshop: The Planning Commission has been invited to attend a joint workshop with the City Council for 6:00 p.m. on Monday, March 16 to discuss the 2012 Visioning Study and outline priorities for 2015. STMA Arena Board: At their last meeting, the Board discussed the proposed 2015 Budget and potential $5/hour rental increase to help offset increased utility expenses. Also, the STMA Youth Hockey Association presented the Board with a resolution stating the Association’s commitment and desire to move forward with a second sheet of ice. This spring Grant noticed some ice issues with the locker room roof, which we are looking into. This issue is separate from the dehumidification. Fire Department: The next Fire Board meeting will be on Wednesday, March 25. Parks Committee: The Parks Committee reviewed two letters of interest at their February 23 meeting. The vacancy posting closed on February 25 and the two candidates have been scheduled to meet with the Committee at the March 23 Parks Committee meeting. Police Coverage: We are working with the Sheriff’s department to implement the additional four (4) hours of daily coverage. The added coverage will begin mid-year. Prairie Run Lots for Sale: Sealed bids were opened on Tuesday, March 10, and will be presented at the Council meeting. 2014 Annual Audit: It is expected that the annual audits will be completed for all three entities (city, arena, fire relief) no later than April 6. KDV will present to the City Council on April 20 and to the Arena Board on April 13. Joint Meeting: The next Joint Governance meeting will be at the St. Michael City Center on Monday, March 30 at 6:00 p.m. Tentative agenda items include updates on FYCC, Yellow Ribbon, school capacity, and legislative reports on education equity and transportation. Newsletter: Spring newsletter will go out mid-April. Please let staff know if there is anything specific you would like included. Hanover Food Shelf: The City has sent a check in the amount of $147.00 to the food shelf for donations from residents who dedicated their electronic billing savings to the food shelf. The City issues a check to the food shelf twice a year from those donations. ENGINEERING/PUBLIC WORKS Agenda Page 31 City Administrator’s Update Page 2 of 2 March 12, 2015 57th Street NE/Church of St. Albert Improvement Project: I met with St. Albert’s last week and believe the Church desires to move forward with the project. They are waiting on the property appraisal and approvals from the Archdiocese. The total construction cost (low bid) is $874,613, with the City’s portion being $699,317 plus R/W and the Church portion $175,295 less R/W. Assuming St. Albert’s executes the agreement, staff will ask Council to approve the agreement and award the project at first meeting in April. For your review, attached is draft of the R/W and Construction agreement. 54 Street NE and Barthel Industrial Drive NE: Restoration will begin as soon as conditions permit. Public Works Committee: Tim and I will be setting a public works committee meeting to discuss 2015 equipment purchases/replacement and the new Public Works position. Ditch and Pond Cleaning: Public Works crews are working to clear trees and overgrowth in ditches and ponds. This work is typically done when time and weather permit. The focus recently has been in the Albert Villas neighborhood. UPCOMING EVENTS and ANNOUNCEMENTS • March 30 – Joint Governance Meeting, St. Michael City Center, 6:00 p.m. Attachments: • Wright County Sheriff’s 4th Quarter and Annual Reports • Draft Right-of-Way and Construction Agreement for 57th Street NE Agenda Page 32 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Quarterly Report - October 1 - December 31 Total Calls Reported Year Calls Reported October 1 - December 30 2010 940 2011 714 2012 752 2013 764 2014 627 Average 759 700 600 500 400 300 200 100 0 2010 2011 2012 2013 2014 Agenda Page 33 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Quarterly Report - October 1 - December 31 Service Calls Type of Service Call 2010 2011 2012 2013 2014 Alarm 83 69 75 57 59 Harassment 14 14 17 16 11 Fire 7 20 15 12 14 Check Welfare 9 8 11 15 20 Medical /Deceased 71 60 71 58 57 Animal Complaint 13 8 15 6 4 Disturb Public Peace 23 11 14 15 3 House /Business /Area Check 2 0 4 0 0 Juvenile Complaint 22 17 18 14 9 Suspicious Incident 47 44 40 64 55 Citizen /Motorist Aid 10 14 17 20 13 Lost /Found Property 14 15 18 19 25 Total 315 280 315 296 270 Agenda Page 34 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Quarterly Report - October 1 - December 31 Traffic Calls Type of Traffic Call 2010 2011 2012 2013 2014 Speeding 8 5 16 2 0 Careless /Reckless /No Insurance 9 8 5 5 5 Stop/Semaphore Violation 8 7 3 4 3 DAR /DAS /DAC 17 11 19 20 14 Parking Complaints 102 30 14 55 34 Vehicle Registration 5 2 1 4 0 No Proof Insurance 15 7 11 18 1 Equipment Violation 2 0 0 2 0 D.W.I. 12 6 11 3 7 Miscellaneous Traffic 75 53 89 70 52 Total 253 129 169 183 116 300 250 200 150 100 50 0 cuiv ZU11 2012 2013 2014 Agenda Page 35 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Quarterly Report - October 1 - December 31 Motor Vehicle Crashes Type of Crash 2010 2011 2012 2013 2014 Property Damage 32 32 29 45 39 Personal Injury 4 4 1 3 0 Car /Animal 1 1 1 1 0 Hit & Run 4 6 3 6 2 Fatality 0 0 0 0 0 Total 41 43 34 55 41 40 30 34 20 10 0 2010 2011 2012 2013 2014 Agenda Page 36 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Quarterly Report - October 1 - December 31 Part I & 11 Crimes Crime Part 2010 2011 2012 2013 2014 Part I Crimes 81 53 50 31 44 Part 11 Crimes 77 52 54 55 38 Total 158 105 104 86 82_ 80 60 40 20 0 2010 2011 2012 2013 2014 Agenda Page 37 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Quarterly Report - October 1 - December 31 Part I Crimes Part I Crime 2010 2011 2012 2013 2014 Murder 0 0 0 0 0 Criminal Sexual Conduct 0 0 1 1 2 Robbery 0 2 0 1 0 Aggravated Assault 1 1 2 0 3 Burglary 4 3 7 3 2 Larceny/Theft 76 46 40 26 35 Motor Vehicle Theft 0 1 0 0 2 Arson 0 0 0 0 0 Total 81 53 50 31 44 80 60 50 53 50 40 44 30 20 31 10 11E0 2010 2011 2012 2013 2014 Agenda Page 38 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Quarterly Report - October 1 - December 31 Part II Crimes Part II Crime 2010 2011 2012 2013 2014 Other Assaults 2 2 2 2 5 Forgery/Counterfeit 2 1 1 1 0 Theft /Fraud 8 8 4 9 7 Stolen Property Crimes 3 1 0 0 0 Criminal Damage Property 12 8 7 9 6 Weapons Violations 1 1 0 0 1 Other Sex Crimes 0 0 1 0 0 Narcotics 10 5 8 19 4 Family/Children 1 0 0 0 0 D.U.I. 12 6 11 3 7 Liquor Law Violations 7 0 2 1 1 Disorderly Conduct 4 6 0 4 3 Other 15 14 18 7 4 Total 77 52 54 55 38 90 80 70 60 50 40 30 20 10 0 2010 2011 2012 2013 2014 Agenda Page 39 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Quarterly Report - October 1 - December 31 Criminal Arrests Type of Crime 2010 2011 2012 2013 2014 Part 1 14 11 12 7 12 Part II 54 35 41 36 25 Warrants 11 12 6 13 6 Total 79 58 59 56 43 40 i 30 20 10 0 2010 2011 2012 2013 2014 Agenda Page 40 A Wright County 4v' Sheriffs Office1 +r`F's Sheriff Joe Hagerty Dave Miller Chief Deputy Todd Hoffman Captain Dan Anselment Captain Pat O'Malley Jail Captain February 25, 2015 Dear City Clerk/Administrator: 3800 Braddock Ave. NE Buffalo, MN 55313 1- 800 - 362 -3667 Fax: 763 - 682 -7610 Administration 763 - 682 -7622 Dispatch 763 - 682 -7600 Records 763 - 682 -7630 Civil 763 - 682 -7646 Warrants 763 - 682 -7688 Investigations 763 - 682 -7637 Jail Administration 763 - 682 -7662 Victim Assistant 763 - 684 -4537 Enclosed you will find the Wright County Sheriff's Office Annual Report and 4th Quarter Report for law enforcement activity and crimes in your city for the year 2014. Please make this information available to the mayor, council members, or other interested citizens. Feel free to contact me with any questions or concerns regarding this report. Please direct any questions regarding the content or layout of the report to Deputy Mitch Flemming at 763 - 682 -7647. Sincerely, l Joe Hagerty Wright County Sheriff Agenda Page 41 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Annual Report - 2014 Total Calls Reported Year Calls Reported 2010 3479 2011 3209 2012 3095 2013 3041 2014 2714 Average 3108 3000 I 2714 2500 2000 1500 1000 500 0 2010 2011 2012 2013 2014 Agenda Page 42 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Annual Report - 2014 Service Calls Type of Service Call 2010 2011 2012 2013 2014 Alarm 281 286 288 241 270 Harassment 78 44 64 63 41 Fire 58 68 56 35 63 Check Welfare 35 53 69 61 64 Medical /Deceased 280 239 256 205 233 Animal Complaint 66 68 61 69 66 Disturb Public Peace 99 53 74 56 48 Juvenile Complaint 78 87 79 90 52 Suspicious Incident 162 157 194 233 216 Citizen /Motorist Aid 46 63 50 56 42 Lost /Found Property 70 77 86 99 83 Total 1253 1195 1277 1208 1178 1300 1280 1260 1240 1220 1200 1180 1160 1140 1120 1277 1253 _ 1195 1178 2010 2011 2012 2013 2014 Agenda Page 43 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Annual Report - 2014 Traffic Calls Type of Traffic Call 2010 2011 2012 2013 2014 Speeding 40 45 25 14 13 Careless /Reckless /No Insurance 28 30 28 25 14 Stop/Semaphore Violation 44 24 14 20 20 DAR /DAS /DAC 56 77 70 72 43 Parking Complaints 131 101 64 153 78 Vehicle Registration 19 18 6 17 6 No Proof Insurance 49 37 38 57 6 Equipment Violation 8 4 5 2 2 D.W.1. 43 38 43 30 27 Miscellaneous Traffic 359 250 269 262 264 Total 777 624 562 652 473 Agenda Page 44 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Annual Report - 2014 Motor Vehicle Crashes Type of Crash 2011 2011 2012 2013 2014 Property Damage 148 148 117 147 147 Personal Injury 14 14 10 9 1 Car /Animal 2 2 3 1 0 Hit & Run 25 25 16 27 24 Fatality 1 1 0 0 0 Total 190 190 146 184 172 120 100 80 60 40 20 0 2011 2011 2012 2013 2014 Agenda Page 45 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Annual Report - 2014 Part I & II Crimes Crime Part 2010 2011 2012 2013 2014 Part I Crimes 233 196 219 149 175 Part II Crimes 332 281 269 248 170 Total 565 477 488 397 345 200 100 0 2010 2011 2012 2013 2014 Agenda Page 46 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Annual Report - 2014 Part I Crimes Part I Crime 2010 2011 2012 2013 2014 Murder 0 0 0 0 0 Criminal Sexual Conduct 1 0 1 1 2 Robbery 0 3 0 2 1 Aggravated Assault 10 3 5 1 3 Burglary 7 11 18 9 6 Larceny/Theft 213 172 195 1 134 159 Motor Vehicle Theft 2 6 0 2 4 Arson 0 1 0 0 0 Total 233 196 219 149 175 KIIII 150 100 50 71 2010 2011 2012 2013 2014 Agenda Page 47 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Annual Report - 2014 Part II Crimes Part II Crime 2010 2011 2012 2013 2014 Other Assaults 13 13 20 15 11 Forgery/Counterfeit 4 8 6 7 1 Theft /Fraud 34 19 17 25 27 Stolen Property Crimes 9 6 7 j 5 1 Criminal Damage Property 62 48 62 49 46 Weapons Violations 6 2 1 1 1 Other Sex Crimes 0 0 2 2 0 Narcotics 44 48 38 57 22 Family/Children 1 5 1 2 0 D. U.I. 43 38 43 30 27 Liquor Law Violations 35 27 14 8 10 Disorderly Conduct 27 29 12 9 8 Other 54 38 46 38 16 Total 332 281 269 248 170 350 332 300 250 200 150 100 50 0 2010 2011 2012 2013 2014 Agenda Page 48 Wright County Sheriff's Office Sheriff Joe Hagerty City of Albertville Annual Report - 2014 Criminal Arrests Type of Crime 2010 2011 2012 2013 2014 Part 62 38 62 41 27 Part 11 246 212 198 173 101 Warrants 49 41 31 38 21 Total 357 291 291 252 149 Agenda Page 49 1 RIGHT OF WAY AND CONSTRUCTION AGREEMENT WHEREAS, The City of Albertville (“City”) desires to reconstruct and improve 57th Street, consisting of the complete reconstruction of 57th Street between the City’s Fire Hall and Main Avenue, including street widening, sidewalks, replacement of utilities, undergrounding of overhead wires, and relocation of utility poles (“57th Street Improvements”), which improvements abut the property of the Church of St. Albert located in Albertville, Minnesota (“Church”); and WHEREAS, The City desires to obtain additional permanent right of way along 57th Street and temporary construction easements from the Church; and WHEREAS, The Church desires to reconstruct its existing parking lots, construct additional parking areas, relocate driveway entrances, perform miscellaneous concrete repairs, and stripe all parking lots (“Church Improvements”); and WHEREAS, It is in the best interest of both the Church and the City to combine these two projects under one contract to obtain the best price for both parties; and NOW, THEREFORE, the City and Church agree as follows: 1. The City’s Engineer shall prepare plans and specifications for the 57th Street Improvements and the reconstruction and expansion of the Church parking lots. The plans and specifications for the Church Improvements shall be based upon the parking lot and driveway improvements shown on the attached Exhibit A. 2. Upon approval of the Church parking lot plans and specifications by the Church, and upon approval of the 57th Street plans and specifications by the City, the City shall solicit bids in accordance with Minnesota law for the 57th Street Improvements with the Church Improvements included as a bid alternate. 3. Upon receipt of bids, the City shall forward the bidding results to the Church for its review, with the City indicating the lowest responsive bid for the combined 57th Street Improvements and Church Improvements. Agenda Page 50 2 4. Within 10 days of the forwarding of the bids to the Church, the Church shall confirm in writing whether it wants the City to award the Church Improvements alternate contract. If the Church desires that the City award the Church Improvements contract, the Church shall forward to the City with its written confirmation a check made payable to the City in the amount of the Church Improvements bid to be awarded, plus an additional 15% for engineering costs. 5. If the City awards the bid for the 57th Street Improvements, it shall also award the bid for the Church Improvements, provided the Church has first complied with the requirements of paragraph 4 above. If the City does not award the bid for the Church Improvements for any reason, the City shall promptly return the Church’s check to the Church. 6. If the City awards the bid for the 57th Street Improvements, the Church shall execute the permanent easement attached as Exhibit B to this Agreement and the temporary construction easement attached as Exhibit C to this Agreement. The parties agree that the damages to the Church resulting from the Church providing the City with the permanent easement shown on Exhibit B and the temporary construction easements shown on Exhibit C are $53,000. If the City awards the Church Improvements with the 57th Street Improvements, the Church shall deduct $53,000 from the amount the City is otherwise due as set out in paragraph 4 above. If the City does not award the Church Improvements the City shall pay the Church $41,000 as complete and total compensation for the granting of the permanent and temporary easements attached as Exhibits B and C within 10 days of awarding the bid. 7. If the City awards the bid for both the Church Improvements and the 57th Street Improvements, the Church hereby grants the City and its contractors the right to enter upon Church property as necessary to complete construction of the Church Improvements and 57th Street Improvements. The City shall restore disturbed areas of the Church property upon completion of construction work. 8. Upon completion of the work, the City shall forward to the Church an accounting of all costs, with a division of construction, engineering and permitting costs between the 57th Street Improvements and the Church Improvements. Construction costs shall be split based upon the quantities used for each project and contractor fixed costs such as mobilization allocated in proportion to the value of the quantities used Agenda Page 51 3 on each project. Engineering and other fixed costs such as permitting fees shall be split based on each party’s share of construction costs. 9. If the total costs of the Church Improvements are more than the amount of money deposited with the City by the Church pursuant to paragraph 4 above, the Church shall pay the balance within 30 days of billing by the City. If the total costs of the Church Improvements are less than the amount of money deposited with the City by the Church pursuant to paragraph 4 above, the City shall refund to the Church within 30 days of issuance of the accounting the difference between the cost of the Church Improvements and the money the Church deposited with the City. 10. Time is of the essence in this Agreement. 11. This Agreement shall be governed by Minnesota law. Dated: March ______, 2015 CITY OF ALBERTVILLE CHURCH OF ST. ALBERT _______________________________ _________________________________ Jillian Hendrickson, Mayor By: ____________________________ Its: ____________________________ ______________________________ _________________________________ Kimberly A. Olson Pete Klinkner, Trustee City Clerk _________________________________ Marlene Zachman, Trustee Agenda Page 52