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2025-08-18 City Council Agenda Packet City of Albertville Council Agenda Monday, August 18, 2025 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 it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the August 4, 2025, Council Budget Workshop minutes as presented. 3 B. Approve the August 4, 2025, regular City Council Meeting minutes as presented. 4-9 C. Authorize the Monday, August 18, 2025, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. 10 D. Approve amendment to the Cottages of Albertville Two Development Agreement to allow for an animal kept solely as an “assistant animal” as the term is defined under the Fair Housing Act. 11-13 E. Authorize the purchase of a Toro Groundmaster 4100D mower, universal sunshade, and a road light kit including the setup fee for $94,393,62. 14-15 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) B. Legal 1. City Enforcement of Right of Way Ordinance; Basketball Stands 16-24 2. Charitable Gambling Ordinance Discussion City of Albertville City Council Agenda Monday, August 18, 2025 Page 2 of 2 C. Building – None D. City Clerk 1. Set Truth in Taxation Hearing (Set the Truth in Taxation Hearing for the 2026 Levy for 6:15 pm on Monday, December 1, 2025, in the Albertville Council Chambers.) E. Finance – None F. Fire 1. Authorize Purchase of 2026 Chevy Tahoe SSV 25-26 (Motion to authorize the purchase of a new 2026 Chevy Tahoe SSV for the Fire Department under State Contract; for a purchase price of $55,268.36.) 2. 2026 Fire Protection Agreement Draft Discussion 27-35 G. Planning and Zoning – None H. Public Works/Engineering – None I. Administration 1. City Administrator’s Update 36-37 10. Announcements and/or Upcoming Meetings August 25 Joint Power Water Board, 6 pm Parks Committee, 7 pm September 1 City Hall closed in observance of Labor Day September 2 City Council, 7 pm (Tuesday) September 8 STMA Arena Board, 6 pm September 9 Planning Commission, 7 pm September 15 City Council, 7 pm 11. Adjournment ALBERTVILLE CITY COUNCIL WORKSHOP DRAFT MINUTES August 4, 2025 – 6:15 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the workshop to order at 6:15 pm. Present: Mayor Hendrickson, Councilmembers Cocking, Hayden and Zagorski. Absent: Councilmember Olson Staff Present: City Administrator Nafstad, Fire Chief Bullen, Finance Director Lannes and City Clerk Luedke. 2. Continued 2026 Preliminary Budget Presentation Finance Director Lannes presented an overview of the budget process and indicated the preliminary budget must be adopted in September. She said once the preliminary levy was approved that it cannot be increased after that; however, it could be reduced. Ms. Lannes also provided the budget history, an overview of 2026 preliminary tax levy and the 2026 revenue and expense changes. She reported that the proposed debt service levy increased was 5.67% ($42,836), the proposed general operations levy increase was 1.79% (48,803), and the proposed capital levy increased was 15.81% ($370,486) for a total projected levy increase of 7.94% ($462,125). Ms. Lannes also provided details on where the budget revenue was received and where the tax dollars are spent, which include public safety, general government operations, debt services and capital reserves. She answered questions from Council. City Administrator Nafstad provided additional information on the preliminary 2026 budget and answered questions from Council. He reported the next Council Budget Workshop was scheduled for August 18, 2025 at 6:15 pm. There was Council discussion regarding the preliminary 2026 preliminary budget. 3. Adjournment MOTION made by Councilmember Hayden, second by Councilmember Zagorski to adjourn the workshop at 6:51 pm. Ayes: Cocking, Hayden, Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 3 ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES August 4, 2025 – 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 Cocking, Hayden and Zagorski. Absent: Councilmember Olson Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Attorney Couri, Planning Consultant Faulkner, 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 was no amendment to the agenda. MOTION made by Councilmember Zagorski, seconded by Councilmember Cocking to approve the August 4, 2025, agenda as submitted. Ayes: Cocking, Hayden, Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried. 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the July 21, 2025, Budget Workshop Meeting minutes as presented. B. Approve the July 21, 2025, regular City Council Meeting minutes as presented. C. Authorize the Monday, August 4, 2025, 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. Approve an On-Sale Temporary Liquor License application for the Albertville Lions for their Music in the Park event on September 11, 2025, from 6 pm to 8:30 pm. E. Approve Payment Estimate No. 1 to Ebert Construction in the amount of $47,651.23 for Central Park Playground Improvements. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve August 4, 2025, consent agenda as submitted. Ayes: Cocking, Hayden, Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried. Agenda Page 4 City Council Meeting Draft Minutes Page 2 Regular Meeting of August 4, 2025 7. Wright County Sheriff’s Office – Updates, reports, etc. There were no updates from Wright County Sheriff’s Office. 8. Planning and Zoning A. Toybox Preliminary Plat, Final Plat and PUD Rezoning Planning Consultant Faulkner presented the staff report, providing background information on the application from Toybox. She stated the applicants were requesting to vacate the right-of- way in order to combine the properties and establish a Planned Unit Development (PUD) to allow for a garage condominiums facility and the use of certain exterior materials. Ms. Faulkner reviewed the recommended approval conditions and noted Condition #7 in the Resolution, which pertained to the Development Agreement, was not necessary. She also presented two exterior design options under consideration by the applicants and asked if the Council had a preference. She responded to questions from Council. City Administrator Nafstad provided additional information on the exterior design options and answered questions from Council. There was Council discussion regarding the exterior design options, and the consensus was that they did not have a preference and were fine with either option. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to adopt Ordinance No. 2025-04 for Toy Box B-4/PUD district, Resolution No. 2025-23 allowing for summary publication for Ordinance No. 2025-04, and Resolution No. 2025-24 approving the preliminary plat and final plat entitled TOY BOX ADDITION with conditions as amended removing Condition #7. Ayes: Cocking, Hayden, Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried. B. Public Hearing – Consider Requests to Vacate a Portion of Barthel Industrial Drive NE in the City of Albertville Planning Consultant Faulkner reported vacate request was presented in the previous items. Mayor Hendrickson opened the public hearing. No one from the public requested to speak. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to close the public hearing. Ayes: Cocking, Hayden, Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried. City Attorney Couri provided background information on the property deed involved in the vacation easement. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to authorize the City to convey the property at no changed to Toy Box for the completion of the plat. Ayes: Cocking, Hayden, Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried. Agenda Page 5 City Council Meeting Draft Minutes Page 3 Regular Meeting of August 4, 2025 MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt Resolution No. 2025-22 vacating a portion of Barthel Industrial Drive NE in the City of Albertville. Ayes: Cocking, Hayden, Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried. C. Java Properties Preliminary Plat and PUD Rezoning Planning Consultant Faulkner presented the staff report, providing background information on the application from Java Properties. She clarified that the current approval does not include the site plan, which would be presented to Council at a later date, as the developer was creating the lots, establishing the PUD, and then intended to sell the lots. She noted the individual site plans would be submitted by the future buyers. Ms. Faulkner also reported that a Mister Car Wash was planned for one site and was scheduled to appear before the Planning Commission at their next meeting. She responded to questions from Council regarding access to the property and discussed the condition requiring screening between the business and the adjacent cemetery. City Administrator Nafstad provided information on the current property owners and additional details regarding road access to the site. Mr. Mark Krogh, Java Companies, answered questions from Council regarding the site, project timing, and the proposed use of the outlot at the back of the site. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt Ordinance No, 2025-05 for Java Retail B-3/PUD district, Resolution No. 2025-25 allowing for summary publication for Ordinance No. 2025-05, and Resolution No. 2025-26 approving the preliminary plat entitled JAVA RETAIL ADDITION with conditions. Ayes: Cocking, Hayden, Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried. D. LaBeaux Commercial Centre Concept Review Planning Consultant Faulkner presented the staff report, outlining the Commercial Centre concept consisting of seven auto-oriented commercial lots and an outlot designated for future residential development. She noted that the property was currently zoned B2 Limited Business, which is a district intended for low intensity uses and therefore could be rezoned to accommodate the proposed concept. Ms. Faulkner added if rezoned to a PUD district, it would allow for better buffering and signage controls. She responded to questions from Council. Mr. Mark Krogh, Java Companies, answered questions from Council regarding the proposed concept plan and the possible tenants. He noted at this time; they did not have a builder for the residential sites but added they were prepared to move forward without that. City Administrator Nafstad answered questions from Council. City Attorney Couri answered questions from Council regarding the next step in the process. There was Council discussion regarding the concept plan, and the consensus was in favor of the Commercial Centre proposal for the intended area. 9. Department Business Agenda Page 6 City Council Meeting Draft Minutes Page 4 Regular Meeting of August 4, 2025 A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Councilmember Zagorski answered when the Planning Commission vacancy would be filled. City Clerk Luedke reported the Commissioner opening has been posted on the City’s website, Facebook page and in the newsletter but added the City has yet to receive any applications. B. Building – None C. City Clerk 1. Charitable Gambling Ordinance Discussion City Administrator Nafstad introduced the item and stated that City staff were seeking Council direction regarding the City’s Gambling Ordinance. He provided background information on the current Gambling Ordinance and reported the City recently received an application from The St. Michael American Legion to conduct charitable gambling at the City’s newest restaurant. Administrator Nafstad noted that the restaurant had initially contracted the Albertville Lions to operate charitable gambling activity; however, the Lions declined. He further stated that he had received requests from other neighboring nonprofit organizations, and he denied them, citing City Code provisions that only nonprofit organizations in the City of Albertville may operate charitable gambling within the City. Nafstad added that if no local nonprofit organization was interested, the Council may consider and select non-local nonprofit organization to operate. City Clerk Luedke provided additional information on the current Gambling Ordinance and the request from the American Legion. Mr. Eric Kloss, Gambling Manager for the American Legion, inquired about the charitable gambling premise permitted issued to the Knights of Columbus, noting that the Knight of Columbus were from both the Albertville and St. Michael parishes. He expressed that the American Legion served a similar role, supporting both the Cities of Albertville and St. Michael and included members from both communities. He reported that he had already been in contact with the restaurant regarding the charitable gambling and that the restaurant had initially reached out to the Albertville Lions who were not interested. He responded to questions from Council. Ms. Dana Kloss, Assistant Gambling Manager, provided additional details on the other Albertville organizations supported by the American Legion, including FYCC, the STMA Baseball programs, the Royalty program and various veterans’ organizations. She reiterated that she believed that the American Legion served a similar role as Knights of Columbus. She also responded to questions from Council. City Attorney stated that the laws allow the City to require that a certain percentage of the funds raised through charitable gambling be spent within the City’s trade area. He explained the process and how the requirement could be implemented. The Council discussed the number and identities of current charitable organizations operating within the City, as well as the provisions of the existing Lawful Gambling Ordinance. The Council directed City staff to provide clearer definitions regarding local non-profits and to present this information at the next Council meeting. Agenda Page 7 City Council Meeting Draft Minutes Page 5 Regular Meeting of August 4, 2025 D. Finance – None E. Fire – None F. Public Works/Engineering – None G. Legal 1. Withdrawal From Wright County Cannabis Joint Powers Agreement City Attorney Couri presented the staff report outlining the background of the Joint Powers Agreement (JPA) between the Albertville and Wright County. He reported that in a recent communication, the County indicated it would not be able to enforce the City’s Cannabis Ordinance, specifically the provision limiting the number of licenses to one. Attorney Couri stated that the City disagreed with the interpretation and was continuing to work with Wright County to resolve the issue. However, he advised that, if necessary, the City must provide the County with at least 30 days’ notice to terminate the JPA. Attorney Couri continued if the way to enforce the City’s ordinance was found prior to the 30 days the Council could withdraw it intend to terminate the JPA. He answered questions from Council regarding he City’s responsible if the JPA was terminated. City Administrator Nafstad provided additional information regarding the JPA and responded to questions from Council. MOTION made by Councilmember Cocking, seconded by Mayor Hendrickson to provide notice to Wright County that the City of Albertville is withdrawing from the Joint Powers Agreement for the enforcement and regulation of cannabis, effective at 5 p.m. September 4, 2025. Ayes: Cocking, Hayden, Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried. H. Administration 1. State County Aid Highway 18 Improvement Concept Plan City Administrator Nafstad provided background information on the proposed improvements to State County Aid Highway (CSAH) 18, between County Road 19 and Main Avenue, aiming at improving access and safety for pedestrians crossing the roads. He noted that he felt that the initial concept designs were pretty good and proceeded to explain the key features of the proposed improvements. Administrator Nafstad reported that the County was potentially considering this as a 2026 project. No action was requested at this time; he stated he was seeking feedback from the Council and responded to questions. The Council discussed the proposed improvements to CASH 18, including potential landscaping for the planned roundabouts. In general, Council expressed support of the Concept Plan. 2. County Road 137 Agreement Presentation City Administrator Nafstad reported that County had opened bids for the County Road reconstruction project, and the bids were favorable. He provided detail on the project, and said he was seeking approval of the agreement subject to the County Attorney review and approval noting that the City’s portion of the cost in accordance with the County’s shared funding policy would be approximately $686,596 plus associated engineering overhead cost with the City’s funding coming from the Municipal State Aid fund. Administrator stated that the project was Agenda Page 8 City Council Meeting Draft Minutes Page 6 Regular Meeting of August 4, 2025 expected to begin this month and to continue through fall of 2026 and responded to questions from Council regarding the proposed project design. MOTION made by Councilmember Hayden, seconded by Councilmember Cocking to approve Agreement #25-51 subject to City Attorney approval. Ayes: Cocking, Hayden, Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried. 3. City Administrator’s Update – Verb City Administrator Nafstad reported the FYCC Director position was offered to Paula Adamski, she has accepted it and will come back as the Director. He noted that there would be a retirement party for Sandy Greninger in September. Announcements and/or Upcoming Meetings August 11 STMA Arena Board, 6 pm August 12 Planning Commission, 7 pm August 18 Council Budget Workshop, 6:15 pm August 18 City Council, 7 pm August 25 Joint Power Water Board, 6 pm Parks Committee, 7 pm September 1 City Hall closed in observance of Labor Day September 2 City Council, 7pm (Tuesday) 1. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hayden to adjourn the meeting at 8:52 pm. Ayes: Cocking, Hayden, Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 9 Mayor and Council Request for Action August 18, 2025 SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, August 18, 2025, 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 10 Agenda Page 11 Agenda Page 12 Agenda Page 13 Mayor and Council Request for Action August 18, 2025 SUBJECT: CONSENT – PUBLIC WORKS – PURCHASE OF TORO GROUNDMASTER MOWER RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve purchase of a Toro Groundmaster 4100D mower, universal sunshade, and a road light kit including the setup fee for $94,393,62. INFORMATION: The City has received a quote from MTI Distribution for a utility tractor and equipment for the Public Works department. KEY ISSUES: • The pricing for the Toro Groundmaster 4100D mower and equipment is based on the State Contract • The purchase is consistent with the City’s CIP. POLICY CONSIDERATIONS: It is the Mayor and Council’s policy to review and approve the purchases for the Public Works Department. FINANCIAL CONSIDERATIONS: The funds for the Utility tractor would come from capital reserves designated for public works equipment. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve City equipment purchases. Responsible Person: Tim Guimont, Public Works Supervisor Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • Proposal MTI Distribution Agenda Page 14 Quote Expiration Date:9/6/2025 Tim Guimont City of Albertville Qty Model Number Description Quote Price Each Quote Price Extended 1 30608 Groundsmaster 4100-D (T4)$90,776.40 $90,776.40 1 30669 Universal Sunshade, White $748.02 $748.02 1 31693 North American Road Light Kit $2,059.20 $2,059.20 6 SSF Standard Set Up Fee @ $135.00/hour $135.00 $810.00 Equipment Total $94,393.62 6.875% Sales Tax Exempt Total $94,393.62 Net 30 Terms with qualified credit New Toro commercial equipment comes with a two-year manufacturer warranty Equipment delivery at no additional charge All commercial products purchased by a credit card will be subject to a 2.5% service fee. Thank you for the opportunity to submit this quote. If you have any questions, please do not hesitate in contacting us. Larry Gorman Karen Wangensteen Outside Sales Representative Inside Sales Representative 612-877-0830 763-592-5643 MTI Distributing Equipment Quote August 7, 2025 MTI Distributing, Inc. • 4830 Azelia Avenue N. #100 • Brooklyn Center, MN 55429 MINNESOTA STATE CONTRACT PRICING - CONTRACT #243333 Agenda Page 15 Mayor and Council Communication August 18, 2025 SUBJECT: LEGAL – CITY ENFORCEMENT OF RIGHT OF WAY ORDINANCE; BASKETBALL STANDS RECOMMENDATION: Staff recommends no change in existing City policy regarding basketball stands placed in the City’s street rights of way. MOTION TO: N/A. For information only unless the Council wishes to change existing City policy. BACKGROUND: For at least 15 years the City has enforced a policy of requiring homeowners to remove basketball stands from the City street rights of way. This request has appeared in the newsletter fairly often and the City sends a number of letters each year to homeowners requiring them to remove basketball stands placed in the right of way. The reasons for this policy include: • The basketball stands pose a safety risk as children must play in the street to use the stand, posing a danger to the children and to the motoring public. Children actively engaged in playing basketball are much less likely to see oncoming cars that pedestrians using the same street. • As the road authority, the City is likely to be named in any lawsuit that may arise if someone gets hurt playing basketball in the street if the City takes no action to eliminate this particular hazard. • The basketball stands make it difficult for busses to pick up and drop off children, and one bus company has threatened to no longer pick up kids from a particular road that had basketball stands on it. • Garbage collection companies have complained that the basketball stands make it difficult for the garbage trucks to pick up garbage. • Delivery trucks have difficulty navigating around basketball hoops in the right of way. • Residents have complained about children playing basketball in the middle of the street as a dangerous situation. • The City maintenance staff has difficulty winging snow back when basketball stands are located where the snow should go. Maintenance staff have particular difficulty backing up the loader on cul de sacs where basketball stands are in the right of way and pushing snow back in a cul de sac where space is already limited. • City code mandates that placement of a structure in the right of way requires a CUP and proof of adequate liability insurance (typically $1 million in liability insurance as recommended by the League of Minnesota Cities Insurance Trust) and an agreement to hold the City harmless and defend and indemnify the City. • The League of Minnesota Cities Insurance Trust, the City’s insurer, recommends not allowing basketball stands to be placed in the right of way, citing a number of the safety, liability and maintenance issues set forth in this memo. The City has sent letters to a family located at 6100 Kalenda Lane N.E. in November and December of 2024 informing them that they must remove a basketball stand that has been permanently installed less than two feet from the back of the curb on a cul de sac. The City Agenda Page 16 Mayor and Council Communication – August 18, 2025 Legal – City Enforcement of Right of Way Ordinance Page 2 of 3 Administrator talked to one of the owners on December 18, 2024, and the owner agreed that he would remove the basketball stand from the right of way in spring, 2025 after the ground thawed out. Albertville staff again contacted the same owner on May 28, 2025, inquiring when the basketball stand would be removed. The owner replied that he would call the City the next day with a plan for removal. That call never came, nor did the City receive a plan for removal. Recently City staff called for utility locates to determine what, if any utilities were near the basketball stand so that the City could assess how complicated a removal it would be as it appeared that the owners were not going to remove it. That prompted the owners to send the City the attached letter contesting the removal of the basketball stand. The basketball stand appears to have been installed sometime between May, 2018 and October, 2019. The current owners purchased the home in 2020. The home has a driveway that appears to be approximately 25 feet in width where the basketball stand could be relocated to. KEY ISSUES: • The current basketball stand presents a potential safety liability issue for the City due to the occupants of the five houses that must back out of their drives into the cul de sac to exit their driveways at the same time children may be playing basketball on the cul de sac. • The basketball stand interferes with snowplowing operations in the cul de sac. • The City has routinely enforced this portion of its ordinances and has required other property owners in Albertville to remove basketball stands located in the rights of way. • The City has not issued the conditional use permit required to allow the cul de sac to be installed in the right of way. • The City has received complaints from members of the public regarding this basketball stand. POLICY/PRACTICES CONSIDERATIONS: For at least 15 years the City has required owners of basketball stands located in the right of way to move these stands out of the right of way out of concern of the potential liability exposure these pose for the City and given the interference these stands cause for the travelling public and the City’s maintenance crews. It appears that the owner can relocate the basketball stand to their driveway located outside of the right of way. FINANCIAL CONSIDERATIONS: The City has notified the owner several times that the owner must remove the basketball stand, which would be done at the owner’s expense. If the owner does not do so, the City has the authority to remove the stand and certify the costs of doing so the property owner’s taxes for collection by the County. LEGAL CONSIDERATIONS: The City Attorney recommends that the City continue to enforce its policy that obstructions in the right of way be removed by the property owner, and if necessary, by the City. The City has an obligation under Minnesota law to maintain its roads in a safe and passable manner. Failure to do so may subject the City to a claim for damages by someone who is injured on the road due to the City’s failure to enforce its policies that may have prevented the injury had the policies been enforced. Because the basketball stand is located within the right of way, the City has the authority to remove the basketball stand given its interference with the use of the right of way by the traveling public and its interference with the City’s maintenance operations. Agenda Page 17 Mayor and Council Communication – August 18, 2025 Legal – City Enforcement of Right of Way Ordinance Page 3 of 3 Responsible Person: Mike Couri, City Attorney Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Letter from Shawn and Cassandra Bibeau dated August 11, 2025; Aerial photo showing location of the property and the basketball stand. Agenda Page 18 Agenda Page 19 Agenda Page 20 Agenda Page 21 Agenda Page 22 Agenda Page 23 Agenda Page 24 Mayor and Council Request for Action _____________________________________________________________________________ August 18, 2025 SUBJECT: FIRE DEPARTMENT – PURCHASE OF 2026 CHEVY TAHOE SSV RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Authorize the purchase of a new 2026 Chevy Tahoe SSV for the Fire Department under State Contract; for a purchase price of $55,268.36. BACKGROUND: This vehicle will be a replacement for the current Chief #1 vehicle, which was purchased in 2015. The Chief #1 vehicle currently serves as response vehicle for the Fire Chief and is available for use by the two other Chief Officers if the Fire Chief is out of town. Once the new Chief #1 vehicle has been delivered, and outfitted with all emergency response equipment, the current Chief #1 vehicle will be kept, renumbered as Utility #11, and used as a secondary medical response vehicle and as a Duty Firefighter response vehicle, should that program get started. The Board of Officers is up to date on the current Fire Department CIP and approves of the purchase of the new Chief #1 vehicle. Staff is recommending approval of the vehicle, based on the State contract, in the amount of $55,268.36. Staff will begin working on quotations for graphics, radios, and emergency lighting, and will present budgetary numbers to City Council at a later date. KEY ISSUES: •The current Chief #1 vehicle was purchased in 2015 and is up for planned replacement. •The new vehicle allotment for fleet vehicles, to the dealerships, is expected to be announced next week and orders will fill up quickly. •The vehicle order will be placed by the dealership in September with expected delivery in January. •The new Chief #1 vehicle will replace the current Chief #1 vehicle. •Once the new Chief #1 vehicle has been delivered and outfitted with all emergency response equipment, the current Chief #1 vehicle will be kept and renumbered as Utility #11. •The Fire Department Board of Officers recommends the purchase of the new vehicle. •The quotations for emergency equipment, installation, and lettering to complete the new vehicle will be based on State of Minnesota contract or by low quote and will be presented to City Council at a later date. POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all capital purchases and investments. Agenda Page 25 Mayor and Council Request for Action – August 18, 2025 Fire – Purchase of New Chevy Tahoe SSV Page 2 of 2 FINANCIAL CONSIDERATIONS: The cost associated with the vehicle is a planned replacement purchase and will be funded through fire department capital reserves and the 2026 capital budget. LEGAL CONSIDERATIONS: The City has the authority to purchase equipment under the State of Minnesota contract or by quotes. Responsible Person: Fire Chief Bullen, Fire Department Submitted Through: Adam Nafstad, City Administrator-PWD Supplemental Information: • Vehicle quote and pricing information on file and available upon request Agenda Page 26 2026 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 which 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, identified as “Albertville Fire District”, attached as Exhibit B to this Agreement. Such primary fire protection and emergency medical services response shall be provided from January 1st, 2026, to December 31st, 2026, unless earlier terminated pursuant to the terms of this Agreement. Agenda Page 27 2. Otsego shall pay Albertville a Fire Service Fee (“Fire Service Fee”) 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 in two equal installments, due on or before January 31, 2026, and July 31, 2026. The Fire Service Fee shall be calculated by multiplying the Fire Department budget, as set by the Albertville City Council, for the year fire service is to be provided 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. For example, if the Fire Department budget for 2026 is $1,200,000, the Taxable Tax Capacity of the FSA in Otsego in 2025 is $16,200,000, and the total Taxable Tax Capacity of the entire FSA in 2025 is $27,800,000, then Otsego’s annual payment to Albertville for 2026 would be approximately $699,280, calculated as $1,200,000 times ($16,200,000/$27,800,000). Albertville shall issue a statement to Otsego by August 1, 2025, 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 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: 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 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 Agenda Page 28 the Fire Chief or their Deputy, 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 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 in Otsego, Albertville shall utilize all resources reasonably at its disposal to provide alternative services to address the emergency in Otsego, including requests for mutual aid. The reasonable judgment of the Fire Chief or their 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 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 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 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 or their 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 and shall remain in effect for the term stated unless earlier terminated as provided below: Agenda Page 29 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 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 days written termination notice. iii. If Otsego hires any member of the Albertville Fire Department for a volunteer or paid-on-call first responder and/or firefighter position on the Otsego Fire and Emergency Services Department, Albertville may terminate this agreement upon 30 days written termination notice. C. Effect of Termination i. In the event this Agreement is terminated, Otsego shall still be responsible for paying in full any the entire amount owed to Albertville all payments required by 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 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. 8. Should Albertville and Otsego do not enter into a fire protection agreement for the 2027 calendar year, Albertville shall have no obligation to provide fire protection and/or emergency medical services response to the Otsego FSA after December 31, 2026. In such event, Otsego shall mail a notice to every address within the Otsego portion of the FSA notifying the owners/occupants of such properties that Albertville shall no longer provide such emergency response to those properties. 9. Upon termination of this Agreement, Albertville shall have no obligation to respond in any capacity to any call for service in Otsego, unless Albertville and Otsego have entered into a written dispatch and/or mutual aid agreement. Agenda Page 30 10. 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. 11. Albertville, as primary responder for at least one calendar year for all of 2026, is entitled, by MN Statute Chapter 477B and Minn. Stat. § 423A.022, to collect the Fire State Aid and Supplemental State Aid for the “Albertville Fire District” portion of 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. 12. 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. 13. Albertville shall enforce its false alarm ordinance. 14. 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. 15. 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. 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 Fire and Emergency Services Department. 17. Otsego shall not hire any member of the Albertville Fire Department for a volunteer or paid- on-call first responder and/or firefighter position on the Otsego Fire and Emergency Services Department for the length of the Agreement. 18. The Otsego Fire and Emergency Services Department shall not respond, or co-respond, to any call for service in the FSA during 2026. At no time, shall the members of the Albertville Fire Department be under the direction of a member of the Otsego Fire and Emergency Services Department. Agenda Page 31 19. 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. Agenda Page 32 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this ________ day of _________________________, 2025. CITY OF ALBERTVILLE CITY OF OTSEGO By: ___________________________ By: _________________________ Jillian Hendrickson, Mayor Jessica Stockamp, Mayor ATTEST: ___________________________ _________________________ Kris Luedke, City Clerk Audra Etzel, City Clerk Agenda Page 33 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) Agenda Page 34 EXHIBIT B Fire Service Area (FSA) Agenda Page 35 City Administrator’s Update August 14, 2025 GENERAL ADMINISTRATION 2026 Preliminary Budget Workshops: The Preliminary Budget will be included on the September 2nd meeting agenda for approval. Fall Joint Governance Meeting: A Joint Governance Meeting has been scheduled for Wednesday, September 24, 2025, at the Albertville City Hall. STMA School will be sharing information about the bond and levy ahead of the November 4, 2025, election. FYCC Director Position: Paula Adamski has been hired as the new FYCC Director and will officially start on September 2, 2025. Paula brings great experience from her time as the FYCC Supervisor. Sandy’s last day will be September 13, 2025 after the Open Streets event. There will be a Retirement Party for Sandy at the St. Michael City Hall from 6 pm to 9 pm with light refreshments and a cash bar. Planning Commission Vacancy: The Planning Commission vacancy has been posted on the City’s website and Facebook page. As of today, the City has one inquiry, and Staff is following up with the interested person. Cottages of Albertville Two: Included on the consent agenda is a requested from the Cottages of Albertville Two for the City’s consent to an amendment to their CIC declaration related to allowing assistance animals. Additionally, the CIC community has requested the City’s assistance to modify the development agreement to restrict rental of the properties. This will be presented to the Council at a later date. Compost Site: The gate has been installed, and we are waiting for power to be extended to the site. We will post the hours of operation on webpages and install signage soon. We will advertise for the attendant positions at the end of the month. Guardian Angels: Guardian Angels has submitted an application that was discussed at the August 12 Planning Commission meeting. Custodian/Building Maintenance Positions: Staff is working to fill this position. 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. Agenda Page 36 City Administrator’s Update Page 2 of 2 August 14, 2025 ENGINEERING/PUBLIC WORKS Main Avenue Reconstruction: CenterPoint and Xcel are working their utility relocations and pavement removal north of the tracks is currently underway. Temporary watermain north the track has been installed and watermain replacement will begin the week of August 18. Central Park Playground: The Contractor is working on footings for the plaza structure as well as the seating wall. CSAH 137: Staff is reviewing the partnership agreement and the updated cost split for the project, which will be presented to Council at an upcoming meeting. Linwood Park Sport Courts: The fencing will be installed soon and the pavement coating is scheduled for the end of August. City Stormwater Modeling: The City received a $71,848 grant from the MPCA Small Communities Planning Grants for Stormwater, Wastewater, and Community Resilience Program. The funds will be used to update the City’s stormwater model and stormwater management plan. Staff is working with the MPCA to execute the grant agreement and begin work on the project. The total cost of the work proposed by Bolton and Menk is $79,832 and the City match is 10% or $7,984. WWTF Improvements: The project is substantially complete, and the contractor is working on punchlist items and is likely closing the project out this summer. Generator Improvements: Work is progressing at both the Fire Hall and Villa’s lift station. The generators have been set at both locations and ready for gas service hook-ups. It is expected both locations will be complete and operation in the few weeks. Street Capital Improvement Plan: Staff is updating the Street CIP and will present the updated plan early in the year. 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