2025-09-15 City Council Agenda Packet
City of Albertville Council Agenda
Monday, September 15, 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
A. Proclaiming September 21 through 27, 2025 as “Women of Today Week” 3
B. Proclamation Recognizing the Retirement of FYCC Director Sandra Greninger 4
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 September 2, 2025, regular City Council Meeting minutes as presented. 5-10
B. Authorize the Monday, September 15, 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.
11
7. Public Hearing – None
8. Wright County Sheriff’s Office – Updates, reports, etc.
9. Department Business
A. City Council
1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.)
B. Building – None
C. City Clerk – None
D. Finance – None
E. Fire – None
City of Albertville City Council Agenda
Monday, September 15, 2025 Page 2 of 2
F. Planning and Zoning – None
G. Public Works/Engineering – None
H. Legal
1. Guardian Angels Developer’s Agreement 12-50
(Motion to approve the Developer’s Agreement for Lot 1, Block 1, Guardian Angels of
Albertville, 2nd Addition.)
I. Administration
1. City Administrator’s Update 51-52
10. Announcements and/or Upcoming Meetings
September 22 Joint Power Water Board, 6 pm
Parks Committee, 7 pm
September 24 Joint Governance Meeting, 6 pm (Albertville)
October 6 City Council, 7 pm
October 13 STMA Arena Board, 6 pm
October 14 Planning Commission, 7 pm
October 20 City Council, 7 pm
11. Adjournment
•
PROCLAMING SEPTEMBER 21 THROUGH 27, 2025 AS
“WOMEN OF TODAY WEEK”
IN THE CITY OF ALBERTVILLE
WHEREAS, The Minnesota Women of Today and the STMA Women of
Today set aside the week of September 21 through 27, 2025, to recognize the
community service of the dedicated Women of Today with the area and across the
state; and
WHEREAS, The Minnesota Women of Today is an organization of nearly
1000 members in 48 communities, dedicated to actively promoting public
awareness and service programs such as: the REACH program and area domestic
violence awareness and shelters; and
WHEREAS, The STMA Women of Today raises funds through an annual
craft show to support local organizations, e.g., STMA Schools, Albertville Fire
Department, FYCC, Hanover Food Shelf, STMA Food Pantry; and
WHEREAS, The Minnesota Women of Today and STMA Women of Today
provide leadership training and personal enrichment opportunities for members; and
WHEREAS, the Women of Today believe that "Through Us Great Lessons
Can Be Learned, Worthy Deeds Performed, and a Hand of Fellowship Extended to
Millions of Women Everywhere."
NOW, THEREFORE WE, Mayor Hendrickson and the Albertville City
Council, do hereby proclaim September 21 through 27, 2025, shall be observed
as "Women of Today Week" in the City of Albertville, Minnesota.”
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City of Albertville to be affixed this 15th of September, 2025.
___________________________
Mayor Hendrickson
Agenda Page 3
PROCLAMATION RECOGNIZING THE RETIREMENT
OF FYCC DIRECTOR SANDRA GRENINGER
WHEREAS, Sandra Greninger has dedicated 26 years of outstanding service to
the communities of Albertville and St. Michael, demonstrating unwavering commitment,
leadership, and passion for community enrichment; and
WHEREAS, Sandra Greninger was the founder of the Family Youth Community
Connections (FYCC), an initiative launched in 1999 with the mission to promote healthy
families, healthy youth and healthy communities across Albertville, St. Michael and
surrounding areas; and
WHEREAS, under Sandra Greninger’s leadership as Director, FYCC grew from a
small after-school provider to an essential and vibrant part of the community, offering
thousands of hours of children’s programing and hosting cherished events such as
Reading in the Park, Open Street, BunnyFest, the Halloween Event, the Penny Carnival
and the Power of Produce Program; and
WHEREAS, Sandra Greninger has been actively involved in the community
through service with local organizations including United Way, Rotary, Women of
Today, and Shop STMA.
NOW, THEREFORE, BE IT RESOLVED that the City of Albertville does
hereby recognizes and expresses its sincere appreciation to FYCC Director Sandra
Greninger for her 26 years of dedicated and distinguished service to the citizens of the
STMA community.
BE IT FURTHER RESOLVED that the City Council, City staff and residents
extend their sincere congratulations and best wishes to Sandra Greninger for a retirement
filled with health, happiness and success. Her presence and leadership will be missed.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the City of Albertville to be affixed this 15th of September, 2025.
___________________________
Mayor Hendrickson
Agenda Page 4
ALBERTVILLE CITY COUNCIL
DRAFT REGULAR MEETING MINUTES September 2, 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, Olson and Zagorski.
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
City Administrator Nafstad requested to move F1. Engel Haus Preliminary Plat, Final Plat and
PUD Amendment before 7A. Public Hearing for Outlot A Guardian Angels of Albertville
Drainage and Utility Easement Vacation and F2. Mister Car Wash Site Plan Review to 7B.
MOTION made by Councilmember Zagorski, seconded by Councilmember Olson to approve
the September 2, 2025, agenda as amended. Ayes: Cocking, Hayden, Hendrickson, Olson and
Zagorski. Nays: None. The motion carried.
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order 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 18, 2025, regular City Council Meeting minutes as presented.
B. Authorize the Tuesday, September 2, 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.
C. Approve a Special Event Permit including an Outdoor Music Permit for the Church of
St. Albert’s Annual Parish Festival on September 20 and September 21, 2025, located
at the Church of St. Albert.
D. Authorize the hiring of the following individuals for the position of Reserve
Firefighter with the Albertville Fire Department: Carter Pauly, Jonathan Pedagat and
Derek Weber.
E. Approve quotes totaling $13,399.29 to modify the City’s garage located at 11308 60th
Street NE.
Agenda Page 5
City Council Meeting Draft Minutes Page 2
Regular Meeting of September 2, 2025
F. Adopt Resolution No. 2025-37 adopting Decrease in Debt Services Levies.
G. Adopt Resolution No. 2025-38 adopting Decrease in Debt Services Levies.
H. Approve Payment Estimate No. 2 to Ebert Construction in the amount of $103,108.15
for Central Park Playground Improvements
MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to approve
September 2, 2025, consent agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson
and Zagorski. Nays: None. The motion carried.
7. Public Hearing
A1. Engel Haus Preliminary Plat, Final Plat and Planned Unit Development
Amendment
Planning Consultant Faulkner presented the staff report and provided background information on
the request, noting the vacation would be incorporated with the Engel Haus preliminary plat,
final plat and PUD presentation. She explained that the site plan included a new 4-story building,
which was generally in compliance with City’s ordinance, except where the applicant was
requesting flexibility on the exterior building materials, side yard setbacks, maximum building
height and base minimum landscaping requirements. Ms. Faulkner described the proposed
exterior materials, stating they would be consistent with those of the existing building. She
reported the Planning Commission recommended approval of the request with conditions. She
also responded to questions from Council.
Mr. Steve Kulns, EDI Development Consulting, addressed the exterior building materials for the
proposed new 4-story building, stating that they intended to match materials used on the existing
2-story building as the original building looked amazing.
City Administrator Nafstad provided additional information on the architectural features of the
proposed building.
MOTION made by Councilmember Hayden, seconded by Councilmember Olson to adopt
Ordinance No. 2025-06 approving the PUD amendment for Engel Haus II with the terms and
conditions established in the report, Resolution No. 2025-32 allowing for summary publication
for Ordinance No. 2025-06, and Resolution No. 2025-33 approving the preliminary and final
plat for Guardian Angels of Albertville 2nd Addition with conditions. Ayes: Cocking, Hayden,
Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
A2. Public Hearing – Outlot A, Guardian Angels of Albertville Drainage and Utility
Easement Vacation
Planning Consultant Faulkner reported the vacation request was presented with previous item.
Mayor Hendrickson opened the public hearing.
No one from the public requested to speak.
MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to close
the public hearing. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The
motion carried.
Agenda Page 6
City Council Meeting Draft Minutes Page 3
Regular Meeting of September 2, 2025
MOTION made by Councilmember Cocking, seconded by Councilmember Olson to adopt
Resolution No. 2025-28 vacating all Drainage and Utility Easements within Outlot A of the Plat
of Guardian Angels of Albertville within the City of Albertville. Ayes: Cocking, Hayden,
Hendrickson and Zagorski. Nays: None. Absent: Olson. The motion carried.
B. Mister Car Wash Site Plan Reviews
Planning Consultant Faulkner presented the staff report, provided background information, and
noted that in August, the Council had approved a PUD and preliminary plat for Java Retail,
which included dividing the property into two lots and one outlot. She stated that Mister Car
Wash was proposing to be located on one of the lots. She reviewed the site plan and confirmed it
met the City’s zoning requirements with a few caveats, including the employee parking
requirements. Ms. Faulkner also noted that the applicant was requesting approval of a
comprehensive sign plan due to the number of signs proposed. She reported the Planning
Commission had reviewed the request and recommended approval with conditions. She stated
that Mister Car Wash could not be developed until the Java Retail Addition Final Plat was
approved by the City and responded to questions for Council.
Mr. Chris Campbell, Mister Car Wash, answered questions from Council regarding the proposed
signage and vacuum enclosures.
MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt
Resolution No. 2025-34 approving the site plan for Mister Car Wash and the comprehensive
sign plan with conditions as revised. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski.
Nays: None. The motion carried.
8. Wright County Sheriff’s Office – Updates, reports, etc.
There were no updates from Wright County Sheriff’s Office.
9. Department Business
A. City Council
1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
Councilmember Zagorski provided an update from the Joint Power Water Board meeting
reporting that bid results for the five-million-gallon ground storage reservoir came in over the
engineer’s estimate.
City Administrator Nafstad provided additional information on the bids and answered questions
from Council.
B. Building – None
C. City Clerk – None
D. Finance
1. 2026 Preliminary Budget and Property Tax Levy
Finance Director Lannes presented the staff report and reported that proposed budget had
changed since the workshop, including adjustments to the levy amount. She stated that the tax
Agenda Page 7
City Council Meeting Draft Minutes Page 4
Regular Meeting of September 2, 2025
levy was now reduced to a 7.17% increase and provided information on the items that had been
adjusted. She explained that once the preliminary budget was approved, the final budget may be
lowered but could not be increased. She answered questions from the Council.
City Administrator Nafstad provided additional information on the 2026 preliminary budget and
answered questions from Council.
The Council discussed the tax levy amount and the proposed 2026 budget. The consensus was to
move forward with the proposed 7.17% levy increase, with the understanding that the Council
would have the ability to reduce the final amount when final levy was approved in December.
MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to adopt
Resolution No. 2025-29 adopting the 2025 Preliminary Tax Levy collectable in 2026. Ayes:
Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
MOTION made by Councilmember Cocking, seconded by Mayor Hendrickson to adopt
Resolution No. 2025-30 adopting the 2026 Preliminary Budget. Ayes: Cocking, Hayden,
Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
2. Decertify Eull Concrete Tax Increment Financing (TIF) District No. 12
Finance Director Lannes presented the staff report and provided background information on the
orginial TIF request from Eull Concrete to complete their building. She explained the building
has since been torn down and the project ended, resulting in no increment because there was no
increase in property value. Ms. Lannes reported that The Office of State Auditor advised the City
to keep the TIF open; however, with Toy Box now going to be occupying the property, the TIF
needed to be decertified as the new use did not qualify for TIF.
City Attorney Couri answered questions from Council regarding the City’s authority to decertify
the TIF and the conditions under which decertification should occur.
MOTION made by Councilmember Zagorski, seconded by Councilmember Olson to adopt
Resolution No. 2025-31 decertify Eull Concrete Tax Increment Financing Redevelopment
District No. 12 of the City of Albertville. Ayes: Cocking, Hayden, Hendrickson, Olson and
Zagorski. Nays: None. The motion carried.
E. Fire – None
F. Planning and Zoning
1. Amend City and Zoning Code relating to Regulation of Retail Cannabis and
Retail Low Potency Hemp Sales
Planning Consultant Faulkner presented the staff report and explained the proposed code
amendment had been reviewed by the Planning Commission. She noted the ordinance
amendment separated low potency hemp from the cannabis regulations, making it a permitted
use rather than an interim use. Ms. Faulkner explained the low potency hemp was regulated
differently by the state, which now handled its licensing.
Agenda Page 8
City Council Meeting Draft Minutes Page 5
Regular Meeting of September 2, 2025
MOTION made by Councilmember Olson, seconded by Councilmember Hayden to adopt
Ordinance No. 2025-07 amending Chapters 4400 and 5200 of the Zoning Ordinance, relating to
the regulation of retail cannabis sales and retail low potency hemp sales and Resolution No.
2025-35 summary ordinance for publication. Ayes: Cocking, Hayden, Hendrickson, Olson and
Zagorski. Nays: None. The motion carried.
2. Approve Interim Use Permit For The Smoke Shop at 11135 61st Street NE
Planning Consultant Faulkner presented the staff report and provided background information on
the request for interim use permit (IUP) from Felix Langford Jr. of The Smoke Shop for retail
cannabis sales. She noted the applicant has applied to the Office of Cannabis Management
(OCM) for a microbusiness license and reported the interior of the site would be renovated to
meet OCM security standards. Ms. Faulkner explained the terms of an IUP and stated that the
Planning Commission recommended approval of the request with conditions. She further noted
that, upon approval, Mr. Langford would be granted the City’s only retail cannabis sales license.
She also responded to questions from Council.
City Attorney Couri answered questions from Council regarding the description of a temporary
cannabis event.
MOTION made by Councilmember Olson, seconded by Councilmember Cocking to adopt
Resolution No, 2025-36 approving an interim use permit for retail cannabis sales at 11135 61st
Street Northeast with the finding and conditions. Ayes: Cocking, Hayden, Hendrickson, Olson
and Zagorski. Nays: None. The motion carried.
G. Public Works/Engineering
1. 152 Club Grading and Fill Permit
City Administrator Nafstad presented the staff report and provided background on the 2008
Downtown Parking Study and Railroad Exchange plaat, which was developed to support off-
street parking in the downtown area. He reported the property owner of the 152 Club, Trish
Holm, was requesting a grading and fill permit to expand their existing parking lot, with the fill
material to be used from the Main Avenue project. He explained that while City Code required
parking lot expansions to be paved, this proposal would not include paving; however, the
screening and setback standards would be maintained. Administrator Nafstad responded to
questions from Council.
The Council discussed the grading permit and the proposed parking area. The Council expressed
a preference that the front portion of the driveway to be paved in order to improve the
appearance of the site.
Finance Director Lannes answered questions from Council and reported that the City’s Driveway
program may be able to be used for the paving of the front portion of the driveway.
City Administrator Nafstad reported that a portion of the driveway between 152 Club and the
neighboring Bar, BJ’s Sport Tavern, was owned by BJ’s. He requested Council allow staff some
flexibility to work with both property owners to coordinate paving the shared driveway area.
City Attorney Couri provided additional information, noting that the City Code allows for some
flexibility regarding the grading and paving request.
Agenda Page 9
City Council Meeting Draft Minutes Page 6
Regular Meeting of September 2, 2025
MOTION made by Councilmember Cocking, seconded by Councilmember Hayden to approve
Grading and Fill Permit for the 152 Club to place approximately 1,700 cubic yards of clean fill to
raise and level the eastern portion of the parcel, subject to City Engineer review and approval.
Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried.
H. Legal – None
I. Administration
1. City Administrator Update – Verb
City Administrator Nafstad presented an update on upcoming projects and events within the City.
Announcements and/or Upcoming Meetings
September 8 STMA Arena Board, 6 pm
September 9 Planning Commission, 7 pm
September 15 City Council, 7 pm
September 22 Joint Power Water Board, 6 pm
Parks Committee, 7 pm
September 24 Joint Governance Meeting, 6 pm (Albertville)
October 6 City Council, 7pm (Tuesday)
10. Adjournment
MOTION made by Councilmember Cocking, second by Councilmember Zagorski to adjourn
the meeting at 8:19 pm. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None.
The motion carried.
Respectfully submitted,
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 10
Mayor and Council Request for Action
September 15, 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, September 15, 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 recommend 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 11
Mayor and Council Request for Action
September 15, 2025
SUBJECT: LEGAL – GUARDIAN ANGELS DEVELOPER’S AGREEMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve the Developer’s Agreement for Lot 1, Block 1, Guardian Angels of
Albertville, 2nd Addition.
BACKGROUND: Park Evans, Inc., the developer of Engel Haus (Guardian Angels assisted
living facility) in Albertville has proposed an addition to its existing assisted living facility on
property it owns immediately to the west of the existing senior housing facility. The City
approved the final plat for this development at its first September meeting, subject to the terms of
the Developer’s Agreement.
KEY ISSUES:
•The development is limited to persons 60 years old or older and contains 87 independent
living units.
•The development will be completed by December 31, 2027.
•The developer will be paying $315,810 in park dedication fees.
•The residents of the two buildings will have access to the common elements in each
building.
POLICY/PRACTICES CONSIDERATIONS: This developer’s agreement is similar to the
developer’s agreement that was used for Engle Haus in 2013, except that the minimum age in
this development is 60 years old rather than 55 years old.
FINANCIAL CONSIDERATIONS: The City is collecting its standard park dedication, trunk
water, trunk sewer and administrative fees from this development. This development will be
located within a TIF District under which the proceeds from property tax collections will be
returned to the developer for a period of years to be determined by the Council when the TIF is
established.
LEGAL CONSIDERATIONS: The City has the power to require the developer to enter into a
developer’s agreement as a condition of plat approval.
Responsible Person: Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
•Planned Unit Development Agreement Guardian Angels of Albertville Second Addition
Agenda Page 12
1
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
GUARDIAN ANGELS OF ALBERTVILLE SECOND ADDITION
This Agreement (“Agreement”) is made and entered into this ___ day of ____________, 2025,
by and between the City of Albertville, a municipal corporation organized under the laws of the
State of Minnesota (the “City”), and Evans Park, Inc., a Minnesota non-profit corporation (the
“Developer”), collectively referred to herein as the “Parties.”
WITNESSETH:
WHEREAS, the City previously approved the Guardian Angels of Albertville R-7/PUD,
which governs development standards, uses, setbacks, and improvements for Lot 1, Block 1 of
the Guardian Angels of Albertville (“Engel Haus I”); and
WHEREAS, Developer is the owner of Outlot A, Guardian Angels of Albertville,
Wright County, Minnesota (the “Property”), which is a 7.04-acre outlot currently zoned R-
7/PUD and undevelopable in its current form; and
WHEREAS, Developer proposes to replat Outlot A, Guardian Angels of Albertville as
Lot 1, Block 1, Guardian Angels of Albertville, 2nd Addition (“Said Plat” or “Property”); and
WHEREAS, Developer has submitted applications to the City, including a Preliminary
Plat, Final Plat, Planned Unit Development Amendment (including site plan review), and an
Easement Vacation, to establish the Guardian Angels of Albertville Second Addition, amend the
existing Guardian Angels of Albertville PUD, and allow construction of an expansion of the
senior housing facility, Engel Haus II, on the Property; and
WHEREAS, the proposed PUD Amendment seeks flexibility for a reduced interior side
yard setback, landscaping minimum value, building height above the standard 35 feet, and
exterior building materials not meeting the strict 50% brick/stone standard for multi-family
buildings over three stories, all in accordance with applicable City Code procedures; and
WHEREAS, the Property’s proposed development includes 87 independent living units
and accessory uses, with access provided via a private drive connecting to 5105 Kassel Ave NE,
and drainage and utility easements dedicated through the plat; and
WHEREAS, the City desires to ensure that the development of the Property is consistent
with the Guardian Angels R-7/PUD, City Code, Minnesota State Building Code, and the
Albertville Comprehensive Plan, including Residential Goal 2 to provide a variety of housing
options to meet the life cycle needs of Albertville residents; and
WHEREAS, the City requires that certain public improvements including, but not limited to,
municipal water, sanitary sewer, storm sewer, drainage ponds, ditch cleaning and bituminous streets
(hereafter “Municipal Improvements”) shown on the attached Exhibit B, be installed to serve the Real
Property and be financed by Developer as a condition of development approval; and
Agenda Page 13
2
WHEREAS, final approval of the Planned Unit Development (“PUD”) has been granted by
the City to allow for the aforementioned Development proposed by Developer, with such approval
contingent upon the Developer entering into this Development Agreement; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and covenants of the
parties concerning the development of the Property and the conditions imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
1. Planned Unit Development. The City hereby grants approval of the Development on
Lot 1, Block 1, Guardian Angels of Albertville Second Addition as a Planned Unit
Development with flexibility from the strict requirements of the City’s Zoning Ordinance
in relation to side yard setbacks, building height, exterior building materials, landscaping
value, and other standards per the R-7 base zoning district as specifically set out herein.
Unless otherwise explicitly set forth in this Agreement, however, Developer must
conform to the requirements of the R-7 zone (Residential Special Purpose, High Density
District) of the Albertville Zoning Ordinance and all other applicable land use
regulations. Developer agrees that the following conditions will be met on a continuing
basis:
A. The City and Developer agree that Lot 1, Block 1 is intended to be used only for a
senior housing facility consisting of 87 independent living units, assisted living
units, and secure memory care units, along with associated support facilities and
limited commercial facilities as set forth in this Agreement below and as shown in
the plans attached as Exhibit C (the “Development”).
i. Residents of the Development shall be limited to the following types of
residents:
1. Residents aged 60 years or older, except that a person younger than
60 years of age may reside on the premises as the spouse of a
resident who is 60 years or older; or
2. Residents who have been diagnosed by a physician licensed by the
State of Minnesota as having a bona fide medical condition that
requires memory care services offered by the Development, subject
to the limitations set forth in paragraph 1.A.i.4 below; or
3. Residents who have been diagnosed by a physician licensed by the
State of Minnesota as having a bona fide medical condition that
requires assisted living services offered by the Development,
subject to the limitations set forth in paragraph 1.A.i.4 below;
4. A combined total of no more than 10% of the residents of the
facility may be residents under the age of who qualify to reside in
the Development based on the criteria set forth in paragraphs
1.A.i.2 or 1.A.i.3 above.
Agenda Page 14
3
ii. No more than one unit may be occupied by an employee of the operator
of the Development who is under the age of 60, provided that the
employee performs substantial duties directly related to the management
or maintenance of the Development.
iii. The operator of the Development must publish and adhere to policies
and procedures that demonstrate an intent to maintain a seniors-only and
bona-fide medical condition development consistent with the restrictions
of this Agreement. Such intent shall be demonstrated by the following
procedures in a manner reasonably acceptable to the City:
1. The manner in which the Development is described to prospective
residents.
2. The nature of any advertising designed to attract prospective
residents.
3. Age and/or medical verification procedures.
4. Lease provisions.
5. Written rules and regulations.
6. Actual practices of the owner or manager in enforcing relevant
lease provisions and rules or regulations.
iv. The Developer must comply with applicable rules issued by the
Secretary of Housing and Urban Development for verification of
occupancy by reliable surveys and affidavits.
v. The Development must contain facilities and services specifically
designed to meet the physical or social needs of older persons. Facilities
and services may include, but are not limited to:
1. Social and recreational programs
2. Continuing education
3. Information and counseling
4. Recreational, homemaker, outside maintenance, and referral
services
5. Accessible physical environment
6. Emergency and preventative health care programs
7. Congregate dining facilities
8. Transportation to facilitate access to social services
9. Services designed to encourage and assist residents to use the
services and facilities available to them
Facilities and services do not include off-site facilities and services, but
may include facilities available at Engel Haus I. Upon request by the
City, the operator of the Development shall report on available facilities
and services.
Agenda Page 15
4
vi. No person under age 18 may stay overnight longer than 14 nights in any
12-month period with a person over the age of 60 who resides in the
Development.
B. Developer shall be allowed to operate limited commercial accessory uses in the
Development, which shall be available exclusively to residents and employees of
the Development. Examples of such limited commercial accessory uses include
but are not limited to a bistro café and hair salon.
C. All structures shall be constructed in the configuration, location, floor plan, and
using the materials as shown on the plans attached as Exhibit C to this
Agreement.
D. Setbacks and height may deviate from the R-7 zoning district as follows:
i. Side yard minimum building setback along the shared lot line between
Lot 1, Block 1, Guardian Angels of Albertville Second Addition, and
Lot 1, Block 1, Guardian Angels of Albertville Addition shall be as
follows:
E. The square footage of residential units in the Development may deviate from the
requirements of the R-7 zoning district’s minimum size requirements, provided
they are constructed to the sizes as shown on Exhibit C.
F. All grading, drainage, utility, wetland mitigation, and transportation issues that
arise during the Development shall be subject to review and approval by the City
Engineer.
G. Trees, shrubs, berms, and screening are to be planted and installed as shown on
the Landscape Plan attached as Exhibit D. Developer shall replace any plantings
Agenda Page 16
5
that die with substantially the same or similar landscape planting shown on the
Landscape Plan.
H. Developer shall comply with all water, ponding, and wetland-related restrictions,
if any, required by the City of Albertville, Wright County Soil and Water
Conservation District, and any applicable provisions of State or Federal law. Any
and all dewatering operations will be the sole responsibility of the Developer and
shall be performed as required by the City and in accordance with all applicable
county, state, and federal rules and regulations.
I. Developer, its successors, or assigns, shall strictly comply with all City weed
control ordinances.
J. Developer shall not stockpile excess or unsuitable earthen material on the Subject
Property without prior approval from the City Council.
K. Lot 1, Block 1, Guardian Angels of Albertville Second Addition is zoned Planned
Unit Development, but its use shall be limited to the senior housing expansion
contemplated in this Agreement. Said Lot 1 may not be subdivided or otherwise
developed for other uses without a PUD amendment.
2. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located on and off
the Subject Property as detailed in the Plans and Specifications for Guardian
Angels of Albertville 2nd Addition, as prepared by James R. Hill, Inc. dated
_________________, 2025 and on file with the City Clerk, said improvements to
include installation of water mains, sanitary sewers, and stormwater ponding. For
avoidance of doubt, no roundabout shall be required to be constructed by
Developer. All such improvements shall be constructed according to the standards
adopted by the City, and in conformance with said Plans and Specifications for
Guardian Angels of Albertville 2nd Addition along with all items required by the
City Engineer. Unless the City Engineer specifies a later date, said improvements
shall be installed by December 31, 2027.
B. The Developer shall provide the City with record drawings as well as electronic
drawings in a format required by the City for all Municipal Improvements,
consistent with City requirements and subject to review and approval of the City
Engineer. Record drawings shall be certified by a registered land surveyor or
engineer that all Municipal Improvements have been constructed on public
easements, as applicable.
C. The Developer warrants to the City for a period of two years from the date the
City accepts the finished Municipal Improvements that all such improvements
have been constructed to City standards and shall suffer no significant
Agenda Page 17
6
impairments, either to the structure or to the surface or other usable areas due to
improper construction, said warranty to apply both to poor materials and faulty
workmanship. Acceptance shall be by City Council motion or resolution.
D. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said improvements on the Subject Property.
Should Developer fail to provide the City with all applicable lien waivers, the
City reserves the right to draw upon Developer's surety after providing Developer
with 30 days written notice and pay any contractors who performed work on any
Municipal Improvements and whom Developer has failed to fully pay for the
performance of said work, subject in all events to applicable retainage and subject
to any contractors or subcontractors which Developer is contesting the validity of
such liens and has deposited sufficient funds with the Minnesota district court as
will permit release of the lien.
E. The City shall, at its option, have the City Engineer or other representative present
on the Subject Property for inspection purposes at all times (or such times as the
City may deem necessary) during the construction and installation of said
Municipal Improvements. Developer agrees to pay for all reasonable costs
incurred by the City during said inspections.
3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including installation
of paved private drives, trails, curb and gutter, boulevards, sidewalks, street signs,
traffic signs, yard topsoil, sod and seed in all yards, landscaping, private utilities,
grading control, drainage swales, erosion control, storm sewers, berming, and
similar items as necessary, street cleanup during project development, and all
exterior amenities to be constructed on the Subject Property as shown on Exhibit
E attached to this Agreement (“On- and Off-site Improvements”), all as required
by City ordinance and this Agreement. In all cases, permanent turf or grass must
be established over all areas of the Subject Property not covered by a hard or
impervious surface. Said On- and Off-site Improvements shall be installed no
later than December 31, 2027, with the exception of erosion control, drainage
swales, and berming, which shall be installed upon initial grading of the Subject
Property, and private utilities, which shall be installed prior to the issuance of a
certificate of occupancy.
B. The Developer shall construct new private drives and necessary to provide access
to Lot 1, Block 1 of Guardian Angels of Albertville 2nd Addition in the locations
shown on the attached Exhibit A. The construction of such access shall occur
prior to the issuance of a certificate of occupancy for any building constructed on
Lot 1, Block 1 of the 2nd Addition. Prior to constructing such drives, Developer
shall obtain permanent easements in recordable form for such private drives from
Agenda Page 18
7
Lot 1, Block 1, Guardian Angels of Albertville prior to the issuance of a building
permit for the Development.
C. Developer shall, at its own expense, be responsible to ensure the following items
are installed within the Development, all such items to be installed underground,
within the street or drive easements, or such other locations as may be approved
by the City Engineer, in compliance with all applicable state and local
regulations:
i. Electrical power supply, to be provided by Xcel Energy or other such
carrier;
ii. Natural gas supply, to be provided by CenterPoint Energy or other such
carrier;
D. Developer shall maintain erosion control measures in accordance with the
Minnesota Pollution Control Agency’s NPDES permit and the stormwater
pollution prevention plan attached as Exhibit F.
E. Notwithstanding the requirements of Section 3A above, and except as otherwise
provided in this Agreement, the Developer shall be responsible to ensure that the
On- and Off-site Improvements are installed to the City’s satisfaction prior to the
date that a certificate of occupancy (temporary or permanent) is issued by the City
for any building located on Said Plat, unless the certificate of occupancy is issued
after October 1st and before March 30th in any given year, in which case a
temporary certificate of occupancy shall be issued with the requirement that the
Developer install landscaping improvements by the following June 30th.
4. Surety Requirements.
A. The Developer will provide the City with an irrevocable letter of credit (or other
surety as approved by the City Attorney) as security that the obligations of the
Developer under this Agreement shall be performed. Said letter of credit or surety
shall be in the amount of $332,760 representing the sum of 100% of the estimated
cost of the Municipal Improvements ($184,500) and 150% of the estimated cost for
landscaping/screening materials related to the Subject Property ($91,800 x 150% =
$137,700) and $10,560 for erosion control ($1,500 per acre x 7.04 acres). Said letter
of credit or surety must meet the approval of the City attorney as to form and issuing
bank (the issuing bank must be an FDIC insured bank located within 100 miles of
the City of Albertville), and must be available in its entirety to fulfill the obligations
of the Developer under this Agreement. The letter of credit to the City shall contain
language requiring its automatic renewal prior to December 31 of each calendar
year, unless cancellation of the letter of credit is specifically approved in writing by
the City.
B. The City may draw on said letter of credit or surety to complete work required but
not performed by Developer (including but not limited to Municipal Improvements
Agenda Page 19
8
and On- and Off-Site described above, erosion control, and other such measures), to
pay uncontested liens on the Subject Property, to reimburse itself for reasonable
costs incurred in the drafting, execution, administration or enforcement of this
Agreement, to repair or correct deficiencies or other problems which occur to the
Municipal Improvements during the warranty period, or to otherwise fulfill the
obligations of the Developer under this Agreement. Said letter of credit must be
maintained by Developer at all times at the level provided in paragraph 4A above or
a lesser amount authorized by the City Council pursuant to paragraph 5B below.
C. In the event that any cash, irrevocable letter of credit, or other surety referred to
herein is ever utilized and found to be deficient in amount to pay or reimburse the
City in total as required herein, Developer agrees that upon being billed by the City,
the Developer will pay within thirty (30) days of the mailing of said billing, the said
deficient amount. If there should be an overage in the amount of utilized security,
the City will, upon making said determination, refund to the Developer any monies
which the City has in its possession which are in excess of the actual costs of the
Development as paid by the City.
D. Developer hereby agrees to allow the City to specially assess the Subject Property
for any and all reasonable costs incurred by the City in enforcing any of the terms of
this Agreement should the Developer's letter of credit or surety prove insufficient or
should the Developer fail to maintain said letter of credit or surety in the amount
required above within thirty (30) days of mailing of written request by the City.
Should the City assess the Subject Property for said reasonable costs, the Developer
agrees not to contest or appeal such assessment and waives all statutory rights of
appeal under Minnesota Statutes, including Minnesota Statute 429.081, to the extent
of the costs identified in this Agreement.
E. In the event a surety referred to herein is in the form of an irrevocable letter of credit,
which by its terms may become null and void prior to the time at which all monetary
or other obligations of the Developer are paid or satisfied, it is agreed that the
Developer shall provide the City with a new letter of credit or other surety,
acceptable to the City, at least forty-five (45) days prior to the expiration of the
original letter of credit. If a new letter of credit is not received as required above, the
City may without notice to the Developer declare a default in the terms of this
Agreement and thence draw in part or in total, at the City's discretion, upon the
expiring letter of credit to avoid the loss of surety for the continued obligation. The
form of any irrevocable letter of credit or other surety must be approved by the City
Attorney prior to its issuance.
F. In the event the Developer files bankruptcy or in the event a bankruptcy proceeding
is filed against Developer by others and is not dismissed within 60 days, or in the
event a court appoints a receiver for the Developer, the City may draw on its letter of
credit or surety in its full amount to secure its surety position. The City shall then
release the remainder of said letter of credit or surety to the bankruptcy court or
Agenda Page 20
9
receiver in the same manner that it would be required to release the letter of credit
under this Agreement.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of portions
of the Municipal Improvements, and/or erosion control, and/or Landscaping
Improvements and when it is reasonably prudent, the Developer may request of the
City that the surety be proportionately reduced for that portion of such
improvements which have been fully completed and payment made therefor. All
such decisions shall be at the discretion of the City Council. The City's reasonable
cost for processing reduction request(s) shall be billed to the Developer. Such cost
shall be paid to the City within thirty (30) days of the date of mailing of the billing.
B. Developer may request of the City a reduction or release of any surety as follows:
i. When another acceptable letter of credit or surety is furnished to the City
to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements have been
installed, that portion of the letter of credit or surety attributable to the
Municipal Improvements may be reduced by the dollar amount of such
Municipal Improvements installed, except that the City shall retain the
letter of credit or surety in the amount of 10% of the estimated
construction price of the Municipal Improvements during the first year of
the warranty period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the warranty period.
iii. When all or a portion of the Landscaping Improvements have been
installed, the letter of credit or surety may be reduced by the dollar
amount attributable to that portion of such Landscaping Improvements
installed, except the City shall retain the letter of credit or surety in the
amount of ten percent (10%) of the estimated Landscaping Improvement
costs for two years from the time of the installation of said landscaping
materials.
C. The reasonable costs incurred by the City in processing any reduction request shall
be billed to the Developer and paid to the City within thirty (30) days of billing.
6. Abandonment of Project - Costs and Expenses. In the event Developer should abandon
the Development of the Subject Property, the City's reasonable costs and expenses related to
attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility
report, plans and specifications, and any other expenses undertaken in reliance upon
Developer's various representations shall be paid by Developer within thirty (30) days after
receipt of a bill for such costs from the City. In addition, in the event Developer abandons
the Development, in whole or in part, ceases substantial field work for more than nine (9)
Agenda Page 21
10
months, fails to provide sufficient ground-cover to prevent continuing soil erosion from the
Subject Property, or fails to leave the Subject Property in a condition which can be mowed
using conventional lawn mowing equipment, Developer agrees to pay all reasonable costs
the City may incur in taking whatever action is reasonably necessary to provide ground-
cover and otherwise restore the Subject Property to the point where undeveloped grounds
are level and covered with permanent vegetation sufficient to prevent continuing soil erosion
from the Subject Property and to facilitate mowing of the Subject Property. In the event that
said costs are not paid, the City may specially assess such costs against the Subject Property
and/or take necessary legal action to recover such costs, including reasonable attorneys’
fees.
7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the
Developer will reimburse the City for all reasonable administrative, legal, planning,
mapping, engineering and other professional costs incurred in the creation, administration,
enforcement or execution of this Agreement and the approval of Developer’s PUD
application, as well as all reasonable engineering expenses incurred by the City in designing,
approving, installing, mapping and inspecting said Improvements described above.
Developer agrees to pay all such costs within thirty (30) days of billing by the City. If
Developer fails to pay said amounts, then the City may specially assess such costs against
the Subject Property.
8. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly complied
with as set forth in the attached Exhibit F. Developer shall also install all erosion control
measures deemed necessary by the City Engineer should the erosion control plan prove
inadequate in any respect.
9. Drainage Requirements. Developer shall comply with all applicable requirements for
drainage into any county ditch or other ditch through which water from the Subject Property
may drain, and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city drainage
requirements, all at Developer's sole expense. In addition, Developer shall clean and
reshape both sides of County Ditch 9 lying adjacent to the Real Property. Said ditch shall be
cleaned and reshaped in accordance with the plans attached hereto as Exhibits G and J, and
shall be completed by December 31, 2027.
10. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage which may occur to
public property including but not limited to streets, street sub- base, base, bituminous
surface, curb, utility system including but not limited to watermain, sanitary sewer or storm
sewer (including ditches) to the extent said damage occurs as a result of Developer’s
activities which takes place during the development of the Subject Property. Developer
further agrees to pay all reasonable costs required to repair the streets, utility systems and
other public property damaged beyond normal wear and tear or cluttered with debris when
occurring as a direct result of the construction that takes place on the Subject Property.
Agenda Page 22
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Developer agrees to clean the public streets providing access to the Subject Property on a
daily basis if reasonably required by the City. Developer further agrees that any damage
to public property occurring as a result of construction activity on the Subject Property
will be repaired immediately if deemed to be an emergency by the City. Developer
further agrees that any damage to public property beyond normal wear and tear as a result
of construction activity on the Subject Property will be repaired within 14 days if not
deemed to be an emergency by the City.
If Developer fails to so repair the streets or repair or maintain said public property, and such
failure continues for ten (10) days after written notice by the City (provided such notice
period shall not apply for emergency repairs), the City may undertake making or causing it
to be cleaned up, repaired or maintained. When the City undertakes such activity,
Developer shall reimburse the City for all of its reasonable expenses within thirty (30) days
of its billing to the Developer. If Developer fails to pay said bill within such period, then the
City may reimburse itself by drawing on the letter of credit, may specially assess such costs
against the Subject Property or take necessary legal action to recover such costs and the
Developer agrees that the City shall be entitled to reasonable attorneys’ fees incurred by the
City as a result of such legal action.
11. Temporary Easement Rights. Developer shall provide access to the Subject Property at all
reasonable times to the City or its representatives for purposes of inspection or to
accomplish any necessary work pursuant to this Agreement. Upon expiration of the
warranty period and completion of all warranty work, such temporary easement shall
terminate.
12. Permanent Cross-Easements.
A. The Developer shall grant and record permanent cross-access easements over Lot 1,
Block 1 of Guardian Angels of Albertville 2nd Addition in favor of Lot 1, Block 1 of
Guardian Angels of Albertville to provide vehicular and pedestrian access between
such parcels on the paved driveways as shown on Exhibit A (Site Plan) and to
provide cross access to the cafeteria and other common area facilities located within
the connected main buildings located on each lot. The Developer shall obtain from
the owner of Lot 1, Block 1 of Guardian Angels of Albertville a permanent cross-
access easement allowing access to Said Plat over Lot 1, Block 1 of Guardian
Angels of Albertville from Kassel Avenue as shown on Exhibit A. Such easements
shall allow residents, employees, visitors, and service vehicles to access and
circulate between the lots without the need to exit onto public streets and shall be in
a form acceptable to the City Attorney.
B. The Developer shall ensure that the cross-access easements are constructed,
maintained, and kept clear of obstructions at all times to allow safe and adequate
access in accordance with City standards. Any required maintenance or repair of
improvements within the easement shall be the responsibility of the property
owner(s) on whose land the easement lies.
Agenda Page 23
12
C. Prior to issuance of any certificate of occupancy for buildings located on Lot 1,
Block 1 of the 2nd Addition, the Developer shall provide evidence to the City that all
cross-access easements required by this Agreement have been duly recorded.
13. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement are items
for which Developer is responsible for completing and all work shall be done at
Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Agreement is for any reason held invalid by a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portion of this Agreement.
C. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in delays
in completion of public improvements and damage to public improvements caused
by the City, Developer, its contractors, subcontractors, materialmen, employees,
agents, or third parties.
D. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this Agreement
shall not be a waiver or release.
E. Developer represents to the City that the Subject Property and the proposed use on
the Subject Property complies with all City, County, State and Federal laws and
regulations, including but not limited to: subdivision ordinances, zoning ordinances,
and environmental regulations. Developer agrees to obtain all required federal, state
and local permits. If the City reasonably determines that the Subject Property does
not comply, the City may, at its option, refuse to allow construction or development
work on the Subject Property until Developer so complies. Upon the City's demand
in such event, the Developer shall cease work until there is compliance as
determined by the City, provided the City agrees not to unreasonably withhold or
delay confirmation of compliance.
F. Prior to the execution of this Agreement and prior to the start of any construction
on the Subject Property, the Developer shall provide the City with evidence of
good and marketable title to the Subject Property. Evidence of good and
marketable title shall consist of a Title Insurance Policy or Commitment from a
reputable title insurance company, or an abstract of title updated by an abstract
company registered under the laws of the State of Minnesota.
Agenda Page 24
13
G. Prior to beginning construction work on the Subject Property, Developer shall
provide the City with a general liability and property damage insurance policy
naming the City and the City’s consultants and agents as additional insureds in the
minimum amount of $1.5 million.
H. The Developer shall cause the Final Plat attached hereto as Exhibit H to be recorded
at the office of the Wright County Recorder’s Office immediately prior to the
recording of this Agreement.
I. Developer shall install exterior lighting consistent with City ordinance and the
Lighting Plan attached hereto as Exhibit I.
J. Developer shall grade the property consistent with the grading plan attached hereto
as Exhibit J.
14. Violation of Agreement.
A. Except as otherwise provided in this Agreement, upon any default by Developer, its
successors or assigns, of any of the covenants and agreements herein contained, the
City shall give the Developer thirty (30) days mailed notice thereof (via certified
mail), and if such default is not cured within said thirty (30) day period, the City is
hereby granted the right and the privilege to declare any deficiencies governed by
this Agreement due and payable to the City in full. The thirty (30) day notice period
shall be deemed to run from the date of deposit in the United States Mail. Upon
failure to cure by the Developer, the City may thence immediately and without
notice or consent of the Developer complete the Developer's obligations under this
Agreement, and specially assess the costs thereof against the Subject Property, bring
legal action against the Developer to collect any sums due to the City pursuant to
this Agreement, plus all reasonable costs and reasonable attorney's fees incurred in
enforcing this Agreement, draw on the surety provided herein, or pursue any
combination of the above remedies as well as any other remedy available to the City
in law or equity.
B. Notwithstanding the 30-day notice period provided for in paragraph 14A above, in
the event that a default by the Developer will reasonably result in irreparable harm to
the environment or to public property, or result in an imminent and serious public
safety hazard, the City may immediately exercise all remedies available to it under
this Agreement in an effort to prevent, reduce or otherwise mitigate such irreparable
harm or safety hazard, provided that the City makes good-faith, reasonable efforts to
notify the Developer as soon as is practicable of the default, the projected irreparable
harm or safety hazard, and the intended actions of the City to remedy said harm.
C. Paragraph 14A of this section shall not apply to any acts or rights of the City under
paragraph 4E above, and no notice need be given to the Developer as a condition
precedent to the City declaring a default or drawing upon the expiring irrevocable
letter of credit as authorized by paragraph 4E. The City may elect to give notice to
Agenda Page 25
14
the Developer of the City's intent to draw upon the surety without waiving the City's
right to draw upon the surety at a future time without notice to the Developer.
15. Dedications to the City.
A. Municipal Improvement Dedications: The Developer, upon presentation to the City of
evidence of good and marketable title to the Subject Property, and upon completion of all
construction work and certification of completion by the City Engineer, shall make the
following dedications to the City:
1. Developer shall dedicate drainage and utility easements to the City
over, under and across all drainage ponds located in Said Plat.
2. Developer shall dedicate to the City all roads (except private roads),
road rights-of-way, curbs, gutters, sewers and water mains and
utility easements located within the easements shown on Said Plat.
Prior to the City’s acceptance of said dedications, Developer shall
provide to the City “As-Builts” of all sewers, water mains, and
roads. Acceptance by City of any dedication shall occur upon
passage of a resolution to such effect by the City Council.
B. Park Dedication. Developer acknowledges and agrees that in order to satisfy the City’s
park dedication requirements for the amount of residential units being constructed, and
after allowing a reduction in the number of units subject to park dedication as a result of
the reduced capacity of the residents of the Development to use the City’s park facilities,
and availability of the Developer’s pickleball courts to the public, Developer shall pay the
City a cash payment totaling $315,810 calculated as 87 residential units times $3,630 per
unit. Said park dedication fees shall be paid prior to the release of the final plat of Said
Plat by the City.
16. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said Plat,
Developer agrees to pay a trunk sanitary sewer charge in the amount of $14,467.20
representing $2,055 per acre of Said Plat multiplied by 7.04 acres contained in Said Plat.
In addition, prior to release of Said Plat, Developer agrees to pay a trunk water charge in
the amount of $13,552.00 representing $1,925 per acre of Said Plat multiplied by 7.04
acres contained in Said Plat. Developer agrees to pay said amounts prior to the City’s
release of Said Plat.
17. Administrative Fee. A fee for City administration of this project shall be paid prior to
the City executing this Agreement. Said fee shall be 3.5% of the estimated construction
costs of the Municipal Improvements required herein. The administrative fee shall be
$6,457.50 and shall be paid prior to the release of the Final Plat.
18. Indemnity. Developer shall hold the City and its officers and employees harmless from
claims made by Developer or third parties for damages sustained or costs incurred resulting
Agenda Page 26
15
from the Development. Developer shall indemnify the City and its officers and employees
for all costs, damages or expenses which the City may pay or incur in consequence of such
claims, including reasonable attorney's fees. Third parties shall have no recourse against the
City under this Agreement.
19. Assignment of Agreement. The obligations of Developer under this Agreement cannot be
assigned without the express written consent of the City Council through Council resolution;
provided Developer may assign this Agreement to an entity wholly owned by Developer
that is formed for the purpose of holding title to the Property.
20. Limited Approval. Approval of this Agreement and Planned Unit Development which is
the subject of this Agreement by the City Council in no way constitutes approval of anything
other than that which is explicitly specified in this Agreement.
21. Professional Fees. Developer will pay all reasonable professional fees incurred by the City
as a result of City efforts to enforce the terms of this Agreement. Said fees include
reasonable attorney's fees, engineer's fees, planner's fees, and any other professional fees
incurred by the City in attempting to enforce the terms of this Agreement. The Developer
will also pay all reasonable attorneys’ and professional fees incurred by the City in the event
an action is brought upon a letter of credit or other surety furnished by the Developer as
provided herein.
22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are
incorporated into this Agreement by reference as they appear. Unless otherwise specified in
this Agreement, Developer is bound by said plans and responsible for implementation of
said plans as herein incorporated.
23. Integration Clause, Modification by Written Agreement Only. This Agreement
represents the full and complete understanding of the parties and neither party is relying on
any prior agreement or statement(s), whether oral or written. Modification of this
Agreement may occur only if in writing, approved by the Albertville City Council and
signed by the duly authorized agents of both parties.
24. Notification Information. Any notices to the parties herein shall be in writing, delivered by
hand (to the City Clerk for the City) or registered mail addressed as follows to the following
parties:
City of Albertville Evans Park, Inc.
c/o City Clerk 508 Freeport Avenue N.W.
P.O. Box 9 Suite A
Albertville, MN 55301 Elk River, MN 55330
Telephone: (763) 497-3384 Telephone (763) 241-4439
Attn: Traci Larson
Agenda Page 27
16
Guardian Angels of Elk River
508 Freeport Avenue N.W.
Suite A
Elk River, MN 55330
Telephone (763) 241-4439
Attn: Traci Larson
25. Agreement Effect. This Agreement shall be recorded against the Real Property at the Wright
County Recorder’s Office, shall run with the land, and be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
26. Execution of Counterparts. The parties may execute this Agreement in one or more
counterparts, and each fully executed counterpart shall be deemed an original.
CITY OF ALBERTVILLE,
By_______________________
Its Mayor
By_______________________
Its Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ____________ day of
__________________, 2025, by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
___________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
Agenda Page 28
17
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ____________ day of
__________________, 2025, by Kris Luedke, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
___________________________________
Notary Public
(The rest of this page has been left intentionally blank)
Agenda Page 29
18
EVANS PARK, INC.
__________________________
By: ______________________
Its: ______________________
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ____________ day of
__________________, 2025, by ___________________, as ______________ of Evans Park, Inc.
___________________________________
Notary Public
Agenda Page 30
19
DRAFTED BY:
Couri & Ruppe, P.L.L.P.
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
Agenda Page 31
20
EXHIBIT LIST
EXHIBIT A
Site Plan
EXHIBIT B
Municipal Improvements
EXHIBIT C
Building Plans
EXHIBIT D
Landscaping
EXHIBIT E
On- and Off-site Improvements
EXHIBIT F
Storm Water Pollution Prevention Plan
EXHIBIT G
Ditch Cleaning Specs
EXHIBIT H
Final Plat
EXHIBIT I
Lighting Plan
EXHIBIT J
Grading Plan
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City Administrator’s Update
September 11, 2025
GENERAL ADMINISTRATION
Former Albertville Mayor Cornelius Paulson: Former Mayor Cornelius Paulson passed away
peacefully on September 6, 2025, at age 94. Cornelius was Mayor for three terms (nine years) in
the 1970s. He ran for his first term and was elected as a write-in on the ballot for the next two.
A Celebration of Life will be held on Friday, September 12, 2025, at the St. Paul’s Lutheran
Church in Hanover, MN. Visitation will be held from 9:30-11 am with a service at 11 am. The
City has sent flower to the Celebration of Life.
Joint Governance Meeting: The Joint Governance meeting is 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.
Crow River Senior Center 20th Anniversary: The Crow River Senior Center will be celebrating
20 years of community and connection at the Crow River Senior Center on Thursday,
September 18, 2025. The celebration will be from 1 pm to 3 pm, featuring a moment of
recognition at 2 pm.
FYCC Director Position: Paula Adamski started on September 2, 2025, as the new FYCC Director.
Sandy’s last day is September 13, 2025, after the Open Streets event. A Retirement Party is
planned for Sandy at the St. Michael City Hall from 6 pm to 9 pm with light refreshments and a
cash bar.
Fall Newsletter: The fall newsletter should hit residents’ mailboxes early next week.
Planning Commission Vacancy: The Planning Commission vacancy has been posted on the
City’s website and Facebook page. As of today, the City has received an application from an
interested person.
Compost Site: The new compost site hours of operation are in use and the city has the
attendant position posted.
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.
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City Administrator’s Update Page 2 of 2 September 11, 2025
ENGINEERING/PUBLIC WORKS
Main Avenue Reconstruction: 60th Street and its parking area is scheduled to be paved
tomorrow. Next week, the watermain jacking under the railroad as well as the street work in
the railroad right-of-way will be the focus.
Central Park Playground: Next week the Contractor is scheduled to pour the concrete walls,
which will be followed by the construction of the concrete walks. The playground equipment
will be set the week of September 29 and the playground surfacing will be installed the week of
October 6.
CSAH 18 (Main Ave to CSAH 19): The County is working to complete the traffic study
associated with the proposed concept and will be developing construction plans for a potential
spring construction start.
CSAH 137: The project is underway and the primary focus in 2025 will be the RAB at Mackenzie.
Linwood Park Sport Courts: The fencing is installed at the courts should be complete by the
end of the week.
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 complete and we are working on closing the project out.
Generator Improvements: Work is progressing at both the Fire Hall and Villa’s lift station and
we expect both locations to be completed this fall.
Street Capital Improvement Plan: Staff is updating the Street CIP and will present the updated
plan early in the year.
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