2004-11-19 Encroachment Agreement
3030 Centre Pointe Drive
Suite 800
Roseville, Minnesota 55113
telephone 6 5 1 . 5 5 6 . 4 5 5.0
facsimile 6 5 1 . 5 5 6 . 4 5 5 1
November 19, 2004
Mr. Pete Carlson, P.E.
Consulting City Engineer
City of Albertville
5975 Main Ave; NE
P.O. Box 9
Albertville, MN 55301-0009
Re: Encroachment Agreement lot 1, Bk ., Towne lakes Phase 1
Dear Mr. Carlson,
Enclosed is the original signed encroachment agreement for the Jot thatMs
landscaped into the park area. .
We would appreciate if this request could be presented at the next available
City Council for consideration. If you hav~ any questions please feel free to
contact me.
Sincerely
&~
David Hempel
Project Manager
Encl. Encroachment Agreement /
Cc Mr. larry Kruse, City Administrator
Towne lakes land Office
ENCROACHMENT AGREEMENT
AGRE~ made this 1G,.. day of UW. ,2004, by and betweenth~.CITY.
OF ALBERTVILLE, a Minnesota municipal corporation ("City"); and Wayne and Lisa Mary
Hoglund, husband and wife, the residents of11646 Laketowne View, Lot 1, Bk 8 in the Plat of
Towne Lakes as recorded in the Office of the Wright County Recorder ("Resident").
1. BACKGROUND. The City owns public park land in the City. of Albertville,
County of Wright, State of Minnesota ("subject Park Land"). Resident wishes to construct both a
landscaped flower bed and a fence which would encroach within the subject Park Land.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment within the subject Park Land for the construction of a landscaped flower bed and a
fence by the Resident.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach within the subject Park Land, the Resident, for themselves, their heirs and assigns, hereby
agree to indemnify and hold the City harmless from any and all liability or expense caused in
whole or in part by the encroachment of the flower bed and fence onto the subject Park Land
including, but not limited to, liability for death or injury to persons, damage to property, and
legal expenses in defending any claim brought to enforce any such liability or expense.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving the Resident thirty (30) days advance written
notice to Resident at the address listed below. The Resident shall remove the flower bed and
fence by the effective date of the termination of this Agreement. If the Resident fails to do so the
City may remove the encroachment and bill the Resident for the costs of removal. Resident
agrees to pay all such costs within thirty (30) days of billing by the City. Further, if Resident fails to
pay said amounts, then the City may specially assess such costs against Resident's lot listed below.
Resident knowingly and voluntarily waives all rights to appeal said special assessments under
Minnesota Statutes section 429.081. Resident has the right to request time sheets or work records to
verify said billing prior to payment.
5. MAINTENANCE. Residents agree keep the flower bed and fence in good repair
atits sole expense.
6.
property.
RECORDING. This Agreement shall be recorded against the title to the subject
CITY OF ALBERTVILLE
Donald Peterson, Mayor
Bridget Miller, Clerk
PROPERTY OWNERS
~~.............
Wayne HoWun,~ Qwner
~~
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Usa MaIY OW~ ... . . Owner
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2004, by Donald Peterson 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.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2004, by Bridget Miller, 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
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ENCROACHMENT AGREEMENT
AGREEMENT made this '" day of. Uw . , 2004, by and between the CITY
OFALBERTVThI..E,a Minnesota ml1I1icipal corporation ("City"); and Wayne and Lisa Mary
Hoglund, husband and wife, the residents of11646 Laketowne View, Lot 1, Bk 8 in the Plat of
Towne Lakes as recorded in the Office of the Wright County Recorder ("Resident").
1. BACKGROUND. The City owns public park land in the City of Albertville,
County of Wright, State of Minnesota ("subject Park Land"). Resident wishes to construct both a
landscaped flower bed and a fence which would encroach within the subject Park Land.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment within the subject Park Land for the construction of a landscaped flower bed and a
fence by the Resident.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach within the subject Park Land, the Resident, for themselves, their heirs and assigns, hereby
agree to indemnify and hold the City harmless from any and all liability or expense caused in
whole or in part by the encroachment of the flower bed and fence onto the subject Park Land
including, but not limited to, liability for death or injury to persons, damage to property, and
legal expenses in defending any claim brought to enforce any such liability or expense.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving the Resident thirty (30) days advance written
notice to Resident at the address listed below. The Resident shall remove the flower bed and
fence by the effective date of the termination of this Agreement. If the Resident fails to do so the
City may remove the encroachment and bill the Resident for the costs of removal. Resident
agrees to pay all such costs within thirty (30) days of billing by the City. Further, if Resident fails to
pay said amounts, then the City may specially assess such costs against Resident's lot listed below.
Resident knowingly and voluntarily waives all rights to appeal said special assessments under
Minnesota Statutes section 429.081. Resident has the right to request time sheets or work records to
verify said billing prior to payment.
5. MAINTENANCE. Residents agree keep the flower bed and fence in good repair
at its sole expense.
6.
property.
RECORDING. This Agreement shall be recorded against the title to the subject
. -
.
CITY OF ALBERTVILLE
Donald Peterson, Mayor
Bridget Miller, Clerk
PROPERTY OWNERS
vJ~~
Wayne HoWun, Prop,~Owncr
't4~~
usaM.ryow.A ...~ . Owncr
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2004, by Donald Peterson 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.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2004, by Bridget Miller, 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
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City of Albertville
City Council Minutes
January 18, 2005
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members Tom Fay, Ron Klecker, LeRoy Berning
and John Vetsch, Assistant City Attorney Dave Wendorf, City Engineer Pete Carlson,
City Administrator Larry Kruse, and City Clerk Bridget Miller
ABSENT: City Planner Al Brixius
Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m.
followed by the Pledge of Allegiance.
AGENDA
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
Agenda with the following amendments. Motion carried unanimously.
Added Items:
Legal- Temporary Sign Fee
Administration - Hiring an Architect
Administration - Don's Bus Service
Administration - Water Bill
MINUTES
MOTION BY Council member Fay, seconded by Council member Berning to approve the
January 3,2005 regular City Council minutes amending page 8; second paragraph from the
bottom Council brought to staff's attention of two (2) wooden poles and one (1) metal pole at
the intersection ofCR 19 and sih Street., and January 10, 2005 City Council Minutes-
Workshop as presented. Motion carried unanimously.
CITIZEN FORUM
There was no one present.
CONSENT AGENDA
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
consent agenda pulling items band c. Motion carried unanimously.
a. Approve payment of claims check numbers 020916 - 020962
b. Approve the City Engineer's recommendation for Application for Change Order No.2
for 2004 School Pedestrian and Bike Trail in the amount of$12,692.20
City of Albertville
City Council Minutes
January 18, 2005
Page 3 of 12
installed with the 2nd Addition of the Towne Lakes development. Motion carried with Council
member Berning voting nay.
DEPARTMENT BUSINESS
SHERIFF'S DEPARTMENT
COVERAGE REVIEW
Lt. Dan Anselman stated that the Wright County Sheriffs Department currently covers 2 shifts
of police protection to date. Currently, Albertville has 16 hours of coverage: 9:30 a.m. to 6:00
p.m. and 6:00 p.m. to 2:30 a.m. The last officer was added when the Mall opened. The Sheriffs
department is seeing a lot of traffic problems and business thefts. As we take a look Albertville
today in comparison to the past what we see happening is Albertville is growing. There is
additional residential growth and commercial growth. Therefore we see a need for another shift
of police coverage.
Sheriff Miller recommends 8-additional hours of coverage, but what time of day do we add has
not been addressed. They have statistics of crime or activity for 2003, but have not completed
2004 yet. The Sheriff s Department would look for some suggestions from the Council as to
when you would like additional coverage. Other factor is the time frame, when would you like
to implement the additional hours. Our recommendation would be to implement this shift in July
2005 with the suggestion that the hours be from 2:00 to 8:00 p.m.
MOTION BY Council member Berning, seconded by Council member Klecker to authorize
Mayor Peterson to sign the 2005 Law Enforcement Contract. Motion carried unanimously.
Council commented about putting an article on the front page of the North Crow River news
about the squad cars parked at the Fire Hall.
Mayor Peterson asked the Council if it would be okay for the deputy's to park the squad cars in
the semi-vacant Public Works garage. Peterson just thought with the recent cold temperatures
we have had that storing them in the garage they would that be somewhat protected. Lt.
Anselman stated he would discuss this at their staff meeting and get back to the City.
PLANNING AND ZONING
None.
ENGINEERING
None.
LEGAL
APPROVE TOWNE LAKES ENCROACHMENT AGREEMENT
Assistant City Attorney Wendorf stated it appears the landscaping encroaches 3-7 feet into the
parkland adjacent to the trail. The homeowners want to buffer the trail and yet enhance the
landscaping in the park as well as with their lot to give a more pleasant experience walking along
3
City of Albertville
City Council Minutes
January 18, 2005
Page 4 of 12
the trail. The Council expressed concern about allowing structures such as the fence, but were
agreeable to allow the plantings.
MOTION BY Mayor Peterson, seconded by Council member Berning to authorize City
Attorney Couri to amend the encroachment agreement by leaving the flowerbed and remove any
artificial structures such as fences. Motion carried unanimously.
ApPROVE RESOLUTION No. 2005-06 ENTITLED MOONEY EASEMENT VACATION
Assistant City Attorney Wendorf said this easement was passed in November 2004. However,
Minnesota Statutes require that the vacation be done by resolution rather than by motion. Mike
Couri has prepared a resolution approving the vacation.
MOTION BY Council member Klecker, seconded by Council member Berning to approve
Resolution No. 2005-06 Entitled Mooney Easement Vacation. Motion carried unanimously.
ApPROVE RESOLUTION No. 2005-07 ENTITLED LIQUOR LICENSE FEES
Assistant City Attorney Wendorf commented that at the last City Council meeting the City
Council inquired whether businesses that sold non-intoxicating liquor in cans or bottles needed
to have an Off-Sale License from the City. This resolution reflects what was passed by the City
Council at the January 3,2005 meeting.
MOTION BY Council member Vetsch, seconded by Council member Klecker to approve
Resolution No. 2005-07 Entitled Setting Liquor License Fees. Motion carried unanimously.
TEMPORARY SIGNS
Mayor Peterson addressed the Council asking if they would approve waiving the Temporary
Sign Permit fee for all non-profit organizations.
MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve waiving the
Temporary Sign Permit Fee for all non-profit organizations. Motion carried unanimously.
ADMINISTRATION
WRITTEN REpORT
City Administrator Kruse started out by addressing the poles at the intersection of 57th Street and
CSAH 19. There are two wood pole streetlights that Xcel has removed. They will initiate
billing new lights effective January 12, 2005. The one decorative pole on the southwest comer
to the west is being considered to be moved westerly in spring 2005.
Council commented about a spot near the Albert Villas on Kassel Avenue, which seems dark.
Council advised staff to research the area and if needed get an additional light installed.
4