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2012-07-02 CC PacketNbertville City of Albertville Council Agenda sns x u,rrw ft at, ur. Monday, July 2, 2012 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a "Request to Speak Card". Presentations are limited to five (5) minutes. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE — ROLL CALL 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS 4. CITIZENS OPEN FORUM — (time reserved 5 minutes) 5. AMENDMENTS TO THE AGENDA 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the June 18, 2012 regular City Council minutes as presented (pgs 1-7) B. Approve the June 18, 2012 workshop minutes as presented (pgs 8-9) C. Authorize the Monday, July 2, 2012 payment of the claims that includes electronic payments 1242 EFT-1251 EFT and check numbers 31102 to 31138 as presented (pgs 10-14) D. Approve Resolution 2012-030 Appointment of Election Judges (pgs 15-17) E. Approve Resolution 2012-031 Appointment of Absentee Ballot Board (pgs 18-19) 7. PUBLIC HEARINGS A. Establish Tax Increment Financing District No. 14 Continued 8. DEPARTMENT BUSINESS A. City Council B. Finance C. City Clerk' 1). Newsletter -Discussion D. Public Works Director/City Engineer 1). Public Works — Purchase sweeper for Bobcat (pg 20) M:\Public Data\City Council\Council Agendas\2012 Agendas\07 02 2012 Agenda.doc Meeting Date: July 2, 2012 City of Albertville Council Agenda Monday, July 2, 2012 Page 2 of 2 2). I-94 Update (pg 21) 3). Mosquito Control Quotes (pgs 22-23) 4). MacIver Seal Coat (pg 24) 5). Revised Search Firm Proposals (pgs 25-28) E. Planning/Zoning 1). 152 Club expansion request for assistance (pgs 29-30) 2). Urban Chickens (pgs 31-64) F. Legal 1). Attorney Update (65-66) 2). Revolving Loan (67-74) G. Administration 9. ANNOUNCEMENTS and or UPCOMING MEETINGS July 4, 2012 City Office Closed (Holiday) July 9, 2012 Arena Board Meeting @ 6:00 P.M. July 10, 2012 Planning Commission Meeting @ 7:00 P.M. July 16, 2012 City Council Meeting @ 7:00 P.M. July 23, 2012 Joint Powers Board Meeting @ 6:30 P.M. Su M Tu W Th F Sa 3 5 6 7 F815 11 12 13 14 22 17 24 18 25 19 26 20 27 21 28 29 30 31 10. ADJOURNMENT M:\Public Data\City Council\Council Agendas\2012 Agendas\07 02 2012 Agenda.doc Meeting Date: July 2, 2012 A�Ibcrtvillc Small Town Uving gig kka Cd Ufa. ALBERTVILLE CITY COUNCIL Monday, June 18, 2012 DRAFT MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE Mayor Mark Meehan called the regular City Council meeting to order 2. ROLL CALL p.m. 7:00 PM Present: Mayor Mark Meehan and Council members Jillan Hendrickson, Larry Sorensen, John Vetsch and Dan Wagner Absent: None Others Present: Finance Director Tina Lannes, City Attorney Michael Couri, City Planner Alan Brixius, Public Works I are�tor/City Engir�eerAdam Nafi§iad, City Clerk Kimberly Olson, Robert Thistle, Deputy Sritlein; had Dahlheimer and Samara Postuma 3. RECOGNITIONS, 4. CIMZENS O Chad DahftW",,,Tner, 6871 within the city � e a coop to house properly and hygie informed a week la being misled, whic have. UCTIONS - None UM �akood Dive NE, would like to request permission to have chickens reported t he had spoken with a member of the City offices about building kens. Hettated that he was told they were allowed if they were housed rly proceeded to spend $1,000 to build the chicken coop. He was then terms chickens do not fit within the zoning in his area. He is upset about h had resulted in him investing $1,000 for something he is not allowed to Dahlheimer stated he has done some research on state and federal definitions of farm animals as well as other cities that have allowed chickens. He distributed a handout with the information to Council. Dahlheimer reported those cities usually require a permit and an inspection every year or two. Most allow roosters but it is mostly discouraged. He asked the Council to reconsider the definition in the Code. He is interested in having at most four chickens, but no roosters. Three of his neighbors do not have an objection. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 1 City of Albertville City Council Minutes June 18, 2012 Page 2 of 7 Staff stated chickens, defined as farm animals in the Code, are only allowed in the agriculture district. This request would require changing the Zoning Code. Council requested more information on what the applicant had originally been told and also how the applicant would remove the chicken waste. Dahlheimer responded they have property up north where they could bring it and their daughter also has a pet waste removal business. Staff will gather information on what was discussed with the ordinances from other cities to bring to the next meeting. 5. APPROVAL OF THE AGENDA Nafstad requested adding two items to the Public Wai 4) Farmer's Market Temporary Sign Applicat 5) Mosquito Control Brixius requested the addition of an oral update to the Motion by Hendrickson, seconded by Vet Meehan, Hendrickson, Sorenson, Vetsch MOTION DECLARED CARRIED. 6. CONSENT AG as sample All items under the consent Ag&da are considered to be routine by City Staff and will be enacted b one motion 1 the event,, item is pulled it will be discussed in the order it is listed on the§ent Agenda folung thepoval of the remaining Consent items. These items will be approVi$W a separate in n A. Apprd` the May 8,012 joint City Council/Planning Commission minutes visioning session aesentdAa(pgs 1-2) B. Approve the 4, 2012 regular City Council minutes as presented (pgs 3-5) C. Approve the _ne 4, 2012 workshop minutes as presented (pgs 6-7) D. Authorize the Monday, June .1.8, 2012 payment of the claims that includes electronic payments 1.21.2 EFT- 1.226 EFT and check numbers 31.048 to 31.095 as presented (pgs 8-15) Nafstad requested Item 6D be pulled from the consent agenda. Lannes requested Item 6B be pulled from the consent agenda. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 City of Albertville City Council Minutes June 18, 2012 Page 3 of 7 Lannes reported there was a correction to the June 4, 2012 regular City Council meeting minutes. The motion for adjournment should have been Hendrickson and Sorenson, not Hendrickson and Vetsch. Motion by Sorenson, seconded by Hendrickson, to approve the correction. Ayes: Meehan, Hendrickson, Sorenson, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Nafstad reported the correct amount for Check No. 31062 to Eureka for i-94 construction should be $1,098,729.49. He recalculated the amount with a 5% retainage per the Mate contract rather than 10%. Motion by Wagner, seconded by Sorenson, to approve the chit ns with4he.change to Check No. 31062. Ayes: Meehan, Hendrickson, Sorenson, VeOch and Wagner R,,- : None. Absent: None. MOTIONDECLARED CARRIED 7. PUBLIC HEARINGS A. Establish Tax Increment Staff reported Frasier Steel still needs to pr6,vidc submitted, staff will move the TIF contract forw recommendation to continue the public hearing, the additional information:Stafb+ported that if they will bring it to xt Coufiameeting. 1 noticing the meeting 1f a to and *e are set at Motion by Vetsch; Council Ming at Nays:e. Absent: 8. DEPARTMENT B A. City There were no items. B. Planning/Zoning Update to Council No. I itfopal information and once that is or.Council approval. It is staff s �y cannot approve the contract as is without information is received in the next week, can continue the public hearing without re- d 'agn�r,Yo caniiiriue the public hearing to the July 2, 2012 City m. dyes,.Meehan, Hendrickson, Sorenson, Vetsch and Wagner. 0t MORN DECLARED CARRIED. Brixius updated Council on a temporary sales application for the Burger King site/parking lot. The site does not meet parking requirements. However, staff was informed that there has been a fireworks tent in previous years which should not have been allowed. Because of this, staff M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 City of Albertville City Council Minutes June 18, 2012 Page 4 of 7 would like to approve the application for this year only with the understanding they will not be able to do this again in the future. Brixius reported on an inquiry to park excess passenger vehicles on a vacant lot near a resident's home. Brixius reported that would not be allowed nor would a CUP for additional parking be issued to a residential home. Brixius received a complaint regarding the storage of a recreational vehicle. The RV does not meet the requirement of staying 15 feet from the curb. It is a continuous condition and he will send out a letter to the owner to correct the issue. Brixius reported Goodyear is requesting a second freestanding lgn W is allowed by ordinance if they meet the setbacks. C. Engineering/Public Works 1. Wastewater Superintendent M John Middendorf reported they are meeting the limits for the.tivastewater treatment plant but chemicals have been needed recently. 2. Public Works/City Engineer W Council had no questions or additions to the 3. I-94 U Nafstad reported the contrdctbr had hoved_several dAys ahead but is still about 10-14 days behind schedu� dui to the arnot t o r rtf1 F f10 ever, the project is progressing well. The owner of 4J66l m t i cone dd how the construction is affecting his business. Remedies can mcltide tree removal rncreas,>b>1lty, additional signage, and faster construction for the off ram Nafstad is also .Ord ing with the Outlet Mall on the pending assessment and is looking at holding t % roposed asse'k,in. ent amount true and extending the term of the loan to 20 years with a deferre rst year payTnt. 4. Farmer'sk .. ark�et Temporary Sign The Lions Club has sbmitted an application for a temporary sign permit for their farmer's market. The fee was waived in previous years and he asked for permission to waive the fee again. There were no objections from the Council. 5. Mosquito Control Nafstad reported on the quotes that had been given in the past for professional mosquito control. He stated 3-7 treatments are required to begin to be effective. Spraying for mosquitoes will kill M:\Public Data\City CouncihCouncil Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 4 City of Albertville City Council Minutes June 18, 2012 Page 5 of 7 the adult population but does not address the larvae that will develop into the next population. He is not aware if any surrounding cities are currently doing mosquito control. Council discussed if this should be the role for the County since it would be difficult for the City to take on this expense and exposure to staff. They directed staff to contact the surrounding cities about their stance on mosquito control and possible partnership and come back with a quote for these services. D. Legal 1. Section 8 Housing Couri reported the City may be able to prohibit rentals tor,iesidents using Section 8 vouchers; however, the developer cannot to do so if they receive federally subsidized tax credits. The next step is to contact the developer to see if they will ]bi eiving tax credits and if rite will they be willing to exclude Section 8 vouchers. If receiving tax edits, (ouri believes it wij"apply to the whole development. Council directed staff to speak with the d�Veloper to determm e3jf their intentions. 2. Interim City Administrator Couri reported the proposed contact is with Bob Thistle to pro ,ide interim City Administrator services to the City as an lndep dntno. He would -Work 20-40 hours per week with hours set at his discrettol for $551- hour. He will determine work priorities and also be available by phone 6ri"e'le"64. onic d64ce when not p wont. Couri stated the City must assume that Mr. Thistle knows the�duties arrd services required and can determine those work priorities. Once a permati t 1ty Admtn ator` � .� Thistle has agreed to either mentor the person if hired >ntlly�f�red ext�nly, to be on call for however long he and the City wish to contmu tie agreements°` ,City �Qla lso indemnify and defend Mr. Thistle any claims that arise. e Z eague of Mini to CitieWable to provide a rider for this coverage. Mr. Thistle f6&qed that he i oking forward to working for the City. He felt there are some intriguing option the Crtyoves forward. Council asked for his thoughts of hiring internally. Thistle replied the owlational Accreditation Program as well as other opportunities for the candidate to leaalty skills through other means. Council discussed the benefits of hiring internally or hiring outside the City through an executive search. Motion by Meehan, seconded by Hendrickson, to approve the contract with Robert Thistle for Interim City Administrator services. Ayes: Meehan, Hendrickson, Sorenson, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. M_\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 City of Albertville Page 6 of 7 City Council Minutes June 18, 2012 3. Extension of Probationary Period for Bridget Miller Staff recommends an extension of the probationary period to October 3, 2012. The purpose of this extension is to properly train Ms. Miller in her duties. With the absence of the City Administrator, staff has not had the opportunity to properly train Ms. Miller in some of her duties. Ms. Miller reports to both the Finance Director and the City Administrator and therefore there is no one at this time to complete the City Administrator portion of the performance evaluation. Council inquired if the evaluation is set to the description °Stiff replied that it is. Motion by Vetsch, seconded by Hendrickson, to extend the prokft ary period for Bridget Miller to October 3, 2012. Ayes: Meehan, Hendrickson, Sorenson, 'ch and Wagner. Nays: None. Absent: None. MOTION DECLARED CAMW 4. Mattress Store Staff reported the building was originally zoned indu,' but w :,changed to corgi ercial. A property can continue its legal non -conforming use if the rfse is, not discontinued for more than a year. On the building code side, there are different classifications for sprinkling based on the type of hazardousness of the materials within the building. The.previous use of a cabinet shop had a lower class of hazardousness. BecaWtlhe-mattressstore fafi under a higher classification, they must bring the building up to c©e to include sprtnlers. This further limits the use of the building. The City has adopted :the State Budding Code that requires this upgrade. Staff has sent a letter to the owner requesting docurientation thaf a retail use was present when the Building Code was adopt& 4o"show that it could be granhered in. If the Mattress Store cannot do that, staff will need to enforce the Building Code. Enforcement could result in court action and ultimately or;a viablebusiness out However, the Building Code cannot be adopted and not enforced. a Council mqurred rf Oe More had Viewer and water. Brixius responded they have access but are not hood up. Councilired at the revolving loan fund. Staff replied there are funds availAt ut it is still a lo"e busrn-s would need to pay back and they would need to figure out if they ant to put in tha nd of investment into the building. Staff reported the fire department rery supportivcbf the sprinkling code and there have also been a good number of businesses that hie done thrs already. There are also going to be competing demands for funds in the revolving 164fund. Council directed staff tcontinue working with the applicant. Staff will also look into possible exceptions or compromises that could be available. 5. Tax Forfeit Properties — Approve Resolution 2012-029 entitled Request for the State to deed tax forfeit properties to the City of Albertville Couri reported the City can acquire certain tax forfeit properties if they are used for a public purpose. The City can also request to acquire tax forfeit properties that were supposed to be M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 City of Albertville City Council Minutes June 18, 2012 Page 7 of 7 deeded to the City pursuant to a developer's agreement. Staff outlined the properties they have identified and recommend to be deeded to the City of Albertville from the State of Minnesota. Motion by Vetsch, seconded by Sorenson, to Approve Resolution 2012-029 to Request the State to deed tax forfeit properties to the City of Albertville. Ayes: Meehan, Hendrickson, Sorenson, Vetsch and Wagner. Nays: None. Absent: None. MOTIONDECLARED CARRIED. E. Administration There were no items. 9. ANNOUNCEMENTS and/or UPCOMING June 25, 2012 July 2, 2012 July 4, 2012 July 9, 2012 July 10, 2012 July 16, 2012 July 23, 2012 10. ADJO Motion by Hendrickson, Meehan, Hendrickson, S MOTION,D:`CZ:D bmitted, Kimberly A. Olson, Joint Powers Board Meeting @ 630 P.M. City Council Meeting @ 7 00 P.1\4 City Office Closed (Holed@) Arena Board Meeting @ 6:611 M. Planning Commission Meeting @7,00 P.M. City Council Meeting @ 7:00 P. Joint Powers Board Meeting @ 6:30 P:M.. k "2gner, to adlourn the meeting at 8:50 p.m. Ayes: % %~er. Nays: None. Absent: None. M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 (DRAFT).doc Meeting Date: June 18, 2012 Albertville Small' own Uving. 819 GtV We. ALBERTVILLE CITY COUNCIL WORKSHOP Monday, June 18, 2012 DRAFT MINUTES ALBERTVILLE CITY HALL ROLL CALL Present: Mayor Mark Meehan and Council members Jilli Vetsch and Dan Wagner Absent: None Others Present: Finance Director Tina Lannes, Ci Alan Brixius, Public Works Director/City Engineer, Robert Thistle and Samara Postuma DISCUSSION Lannes stated the work session was called City Administrator. 9:01 PM Larry Sorensen, John rel Couri, Cit'Plann ty Clerk Kim Olson, the transition plan for a new The Council discussed hiring based pn personality versus resume only. Couri stated the Council could hire a firm to deteii%ine the characteristics and goals sought by each Councilmember and have a moderator determir tle results: staff stated that it is not only necessary to determine the job descrlptic n fpr the new City`Adminis tra '. l ut what type of characteristics are they looking for in sonetine to lead the City: Couri stated it may be worth the dollars to have a consultant focus o the expectatioi turn the Council for the new person. Brixius stated that it is important to ide traits desired d the rolcahe City Administrator is to play for the City. Thistle stated 14a have char d, especially in regards to the economy, and Council may not be looking for the sa„traits and qualities as they were ten years ago. He stated Council will need to identify where this pity yvi be going and who can best take them there. The Council discusse`�iring someone looking for the next step in their career or someone that has experience and would be making a lateral move. They discussed the benefits of each. Thistle stated that if Council cannot come to some type of consensus of what they are looking for in a City Administrator, the new person will be set up to fail in the position. Couri responded that a consultant would help synthesize the wants and expectations of the Council. He stated that everyone has an equal point of view and they have to review each through the consulting process. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 workshop(DRAFT).doc City of Albertville City Council Workshop Minutes June 18, 2012 Page 2 of 2 Brixius stated it is important for Council to go through a process to explain to their constituents the basis of their decision. Couri inquired if there was a consensus from the Council to move forward with a focused consultation. Thistle stated this is the first step in moving forward. The Council directed staff to bring forward a proposal from each consultant firm at the next meeting. Council asked how the consultation will work, if they will consult individually with the firm or as a group. Couri explained that it will be up to the firm to lead Counetl through the process and those measures would be outlined in the proposals. Nafstad asked about the timing of the transition because inquiries about whether the transition will be before or aft( at this time they do not know how long the process will`t Couri said the discussion of who should be hir process of defining the goals and expectations for tl Council must come into the process in good faith to The meeting was adjourned at 10:00 p. Respectfully submitted, Kirr calls and in person r. Couri stated that as City ,A .mini to work. on the that the M-Tublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 06 18 2012 workshop(DRAFT).doc A.Ibc "'tvi n£ Mayor and Council Communication S-st-uba. ft aw ur- June 27, 2012 SUBJECT: CONSENT - FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, July 2, 2012 payment of the claims that includes check numbers 1242 EFT —1251 EFT and checks numbered 31102 to 31138 as presented except the bills specifically pulled, which are passed by separate motion. 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 ExpensesNendors (bolded) Check No. 31105 B&D Plumbing — Arena Board preapproved install for bottle filler on fountain up to $800.00 Check No. 31114 Ebert — Final payment for STMA Arena Roof Repair — Arena Board preapproved payment not to exceed $40,529.00 Check No. 31134 TASC — Annual fee for employer to have a 125 Flex Spending Account POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Finance Bills Report (RCA).doc Meeting Date: July 2, 2012 Mayor and Council Communication — July 2, 2012 Finance — Payment of Claims Albcrtvillc Small Town Uving. Big City Ufa. Check Detail Register Page 2 of 5 July 2012 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 001242E 6/27/2012 EMERGENCY APPARATUS MNTC E 101-42000-404 Repair/Maint - Machinery/Equip $79.34 61626 FD electric air horn solenoid valve Total EMERGENCY APPARATUS MNTC $79.34 Paid Chk# 001243E E 101-43100-215 E 101-43100-215 Paid Chk# 001244E E 101-41940-405 Paid Chk# 001245E E 101-42000-200 6/27/2012 FASTENAL COMPANY Shop Supplies Shop Supplies Total FASTENAL COMPANY 6/27/2012 GRAINGER Repair/Maint - Buildings Total GRAINGER 6/27/2012 MAGIC WATER Office Supplies (GENERAL) Total MAGIC WATER Paid Chk# 001246E 6/27/2012 MILLS, TATE $2.16 MNTC484201 PW conn link #60 $56.24 MNTC484272 PW br rn tree d 1/2x1/4, br bncy db $58.40 $138.83 9853402551 CH lamp dimmable (council chamber) $138,83 $106.28 19298BS FD bottled water -used during trng-fire $106.28 E 101-42000-200 Office Supplies (GENERAL) $32.40 061412-FCD FD ice & water for Friendly City Days Total MILLS, TATE $32.40 Paid Chk# 001247E 6/27/2012 MVTL LABORATORIES, INC E 601-49450-218 Testing Expenses $113.40 607639 LID (sewer) chem series, BOD/TSS, solids, phosphorus solids, phosphorus, phosphorus-ortho Total MVTL LABORATORIES, INC $250.80 Paid Chk# 001248E 6/27/2012 RANDYS SANITATION E 810-00000-384 Refuse/Garbage Disposal $74.39 56027-3-0612 ARENA refuse service Total RANDYS SANITATION $74.39 Paid Chk# 001249E 6/27/2012 SHRED RIGHT -A ROHN INDUSTRIES E 101-41400-300 Professional Srvs (GENERAL) $30.00 125360 CH monthly shredding fee Total SHRED RIGHT -A ROHN INDUSTRIES $30.00 Paid Chk# 001250E 6/27/2012 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) E 101-41400-592 Capital - Elections E 101-41940-404 Repair/Maint - Machinery/Equip E 101-41400-200 Office Supplies (GENERAL) Total S & T OFFICE PRODUCTS $8.66 0lPF3193 CH G7 ink refills $8.66 01 PF5518 CH G7 ink refills reordered $8.66 01 PF8540 CH G7 ink refills -error in prior delivery $103.22 01 PGO148 CH reinforcements holes, paper, wire $18.49 01 PG0149 CH wire letter trays $195.78 01PG0182 ELECTIONS Dymo-labels for $160.31 01 PG1719 CH relocate overhead flipper bins ($8.66) CM 01 PF5075 CH G7 ink refills -not delivered $495.12 Paid Chk# 001251 E 6/27/2012 CITY OF ST. MICHAEL E 101-41000-300 Professional Srvs (GENERAL) $8,947.10 06142012-2 Library Bond pymt per Agree (Aug E 101-45000-598 Pledges & Contributions $2,484.41 06142012-2 2012 LIBRARY 2nd Qtr Operation E 468-49000-300 Professional Srvs (GENERAL) $14,430.00 06142012-2 1-94 Improvement services Total CITY OF ST. MICHAEL $25,861.51 M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Finance Bills Report (RCA).doc Meeting Date: July 2, 2012 Mayor and Council Communication - July 2, 2012 Finance - Payment of Claims Check Amt Invoice Comment Page 3 of 5 Paid Chk# 031102 7/2/2012 AFLAC G 101-21710 Other Deducations $268,20 831420 Employee Add'I Ins (funds collected Total AFLAC $268.20 Paid Chk# 031103 7/2/2012 ANCOM TECHNICAL CENTER E 101-42000-586 Capital - Pagers $123.50 29734 FD WC OPT & PROG Fire Radios Total ANCOM TECHNICAL CENTER $123.50 Paid Chk# 031104 7/2/2012 ARCHITECTS REGO + YOUNGQUIST E 810-00000-303 Engineering Fees $1,656.29 062012- ARENA 2011 STMA Ice Arena Total ARCHITECTS REGO + $1,655.29 Paid Chk# 031105 7/2/2012 B & D PLUMBING E 810-00000-405 Repair/Maint - Buildings $800.00 68789 ARENA final plmg due on proposal Total B & D PLUMBING $800.00 Paid Chk# 031106 7/2/2012 BROTHERS FIRE PROTECTION CO E 101-42000-405 Repair/Maint - Buildings $176.34 6327 FD final pymt 2012 fire alarm Total BROTHERS FIRE PROTECTION CO $176.34 Paid Chk# 031107 7/2/2012 CARLSON BUILDING SERVICES, INC E 101-42000-405 Repair/Maint - Buildings $133.59 40675 FD cleaning services E 101-41940-405 Repair/Maint - Buildings $422.16 40675 CH cleaning services E 468-49000-300 Professional Srvs (GENERAL) $120.23 40675 1-94 cleaning service (job shack) Total CARLSON BUILDING SERVICES, $675.98 Paid Chk# 031108 7/2/2012 CENTURYLINK COMMUNICATIONS AZ E 101-43100-321 Telephone $29.76 3131147835-07 PW phone sery E 101-45100-321 Telephone $26.77 3131147835-07 PD phone sery E 101-42000-321 Telephone $56.53 3131147835-07 FD phone sery E 601-49450-321 Telephone $63.17 3131147835-07 LID (sewer) phone sery E 101-41940-321 Telephone $103.41 3131147835-07 CH phone sery E 468-49000-300 Professional Srvs (GENERAL) $55.11 3131147835-07 1-94 Proj (Job ShacklP phone Total CENTURYLINK COMMUNICATIONS $334.75 Paid Chk# 031109 7/2/2012 CHARTER COMMUNICATIONS E 468-49000-300 Professional Srvs (GENERAL) $128.14 5160141164- 1-94 Project (Job Shack internet, Total CHARTER COMMUNICATIONS $128.14 Paid Chk# 031110 7/2/2012 COMDATA E 101-45100-212 Motor Fuels $10.74 XS2950601201 PD motor fuel for mowers E 101-42000-212 Motor Fuels $449.97 XS2950601201 FD motor fuel for vehicles E 101-43100-400 Repair/Maint - Paved Rd $37.15 XS2950601201 PW 2012 Cracksealing supplies E 101-42000-212 Motor Fuels $500.05 XS2950601201 FD fuel for vehicles E 101-43100-212 Motor Fuels $136.34 XS2950601201 PW fuel for vehicles E 101-42000-212 Motor Fuels $129.52 XS2950601201 FD fuel for vehicles Total COMDATA $1,263.77 Paid Chk# 031111 7/2/2012 CUSTOM CONDUIT ELECTRIC E 468-49000-300 Professional Srvs (GENERAL) $1,039.00 5938 1-94 install new motion lights at Job Total CUSTOM CONDUIT ELECTRIC $1,039.00 Check Amt Invoice Comment Paid Chk# 031112 7/2/2012 DEHMER FIRE PROTECTION E 101-42000-405 Repair/Maint -Buildings Total DEHMER FIRE PROTECTION $28.84 6417 FD v.o.s collar, new neck seal, AMNEX chemical $2&84 Paid Chk# 031113 7/2/2012 DJS TOTAL HOME CARE CTR - FIRE E 101-42000-587 Capital - Tools $31.96 061654-1 FD RB chain oil, cartridge filter, gojo E 101-42000-587 Capital - Tools $45.98 062015-1 FD wastebasket 33 qt E 101-42000-587 Capital - Tools $2.82 062018-1 FD PhPa Machine-s E 101-42000-587 Capital - Tools $14.99 062130-1 FD ace ext pole t/I E 101-42000-587 Capital - Tools $52.97 062331-1 FD tide ultra, ratchet 3/8" quik, wiping Total DJS TOTAL HOME CARE CTR - FIRE $148.72 M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Finance Bills Report (RCA).doc Meeting Date: July 2, 2012 Mayor and Council Communication — July 2, 2012 Finance — Payment of Claims Page 4 of 5 Check Amt Invoice Comment Paid Chk# 031114 7/2/2012 EBERT CONSTRUCTION E 810-00000-405 Repair/Maint - Buildings $34,910.56 061412- ARENA Final Pay No. 2 (roof repair) Total EBERT CONSTRUCTION $34,910.56 Paid Chk# 031115 7/2/2012 FEHN COMPANIES, INC E 604-49660-406 R/M - Collection System $400.00 26061 UD (stormwater) backhoe clearing 52nd St Total FEHN COMPANIES, INC $400.00 Paid Chk# 031116 7/2/2012 HAWKINS, INC E 601-49450-217 Chemicals - Ferric Chloride $900.86 3348026 UD (sewer) sodium hypochlorite drm Total HAWKINS, INC $900.86 Paid Chk# 031117 7/2/2012 INVISION GLASS DESIGN E 101-45100-530 Capital - Improvements $795.15 1724 PD Signage for Winter Park Total INVISION GLASS DESIGN $795,15 Paid Chk# 031118 7/2/2012 JORSON & CARLSON INC E 810-00000-300 Professional Srvs (GENERAL) $28.77 0292293 ARENA ice scraper knives Total JORSON & CARLSON INC $28.77 Paid Chk# 031119 7/2/2012 M & T FIRE AND SAFETY E 101-42000-582 Capital - Misc. Equipment $928.34 94160 FD Morning Pride Lit Force Low Rider (qty. 6) Total M & T FIRE AND SAFETY $928.34 Paid Chk# 031120 7/2/2012 MINNESOTA DEPT OF LABOR & INDU E 101-41940-405 Repair/Maint - Buildings $100.00 ALR00194601 CH 2O12 (13217) Elevator Annual Total MINNESOTA DEPT OF LABOR & $100.00 Paid Chk# 031121 7/2/2012 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $27.00 638 Admin-May 2012 animal control sery Total MONTICELLO ANIMAL CONTROL $27.00 Paid Chk# 031122 7/2/2012 MTR SERVICES INC E 604-49660-406 R/M - Collection System $106.25 4424a UD (stormwater) clean culvert 52nd St Total MTR SERVICES INC $106.25 Paid Chk# 031123 7/2/2012 NAPA AUTO PARTS E 101-43100-404 Repair/Maint - Machinery/Equip $38.37 702739 PW mirror 2006 Silverado E 101-43100-404 Repair/Maint - Machinery/Equip $25.76 823304 PW dex coolant 1 gal E 101-43100-404 Repair/Maint - Machinery/Equip $29.26 824205 PW 1975 Ford Truck solenoid-staqrter Total NAPA AUTO PARTS $93.39 Paid Chk# 031124 7/2/2012 NORTH MEMORIAL URGENT CARE E 10 1 -42000-305 Medical - Physicals $86.00 498059-00-TK FD HepB Vaccination Series 3 (Tracy Total NORTH MEMORIAL URGENT CARE $86.00 Paid Chk# 031125 7/2/2012 PAPCO, INC. E 810-00000-404 Repair/Maint - Machinery/Equip $1,302.55 70465 ARENA repair on Tomcat scubber Total PAPCO, INC. $1,302.55 Paid Chk# 031126 7/2/2012 PITNEY BOWES - EASYPERMIT POST E 601-49450-413 Office Equipment Rental $250.00 0559-7997-0612 UD (sewer) postage-Ubs E 602-49400-413 Office Equipment Rental $250.00 0559-7997-0612 UD (water) postagel-Ubs Total PITNEY BOWES - EASYPERMIT $500.00 Paid Chk# 031127 7/2/2012 PITNEY BOWES- PA E 101-41400-413 Office Equipment Rental $51.00 078715-JN12 CH postage machine rental Total PITNEY BOWES- PA $51.00 Paid Chk# 031128 7/2/2012 PLAYPOWER E 101-45100-210 Operating Supplies (GENERAL) $10.42 1400165451 PD inclusive swing seatw/latch kit Total PLAYPOWER $10.42 Paid Chk# 031129 7/2/2012 SCHOEN, BETTY G 101-22900 Rental Deposit Escrow $100.00 06022012-0425 Reimbursement of Damage Total SCHOEN, BETTY $100.00 M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Finance Bills Report (RCA).doc Meeting Date: July 2, 2012 Mayor and Council Communication - July 2, 2012 Finance - Payment of Claims Check Amt Invoice Comment Paid Chk# 031130 7/2/2012 SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint Buildings $22.66 658507 E 101-43100-405 Repair/Maint Buildings $32.06 658507 E 101-42000-405 Repair/Maint - Buildings $4.22 658507 Total SENTRY SYSTEMS, INC. $58.94 Paid Chk# 031131 7/2/2012 SHERWIN-WILLIAMS CO E 101-45100-210 Operating Supplies (GENERAL) $44.84 5042-0 Total SHERWIN-WILLIAMS CO $44.84 Paid Chk# 031132 7/2/2012 STEP SAVER INC E 810-00000-405 Repair/Maint - Buildings $168.33 56746 Total STEP SAVER INC $168.33 Paid Chk# 031133 7/2/2012 T & S TRUCKING OF BUFFALO, INC E 101-43100-227 Street Sweeping $216.00 485 E 101-43100-227 Street Sweeping $252.00 485 E 101-43100-227 Street Sweeping $288.00 485 E 101-43100-227 Street Sweeping Total T & S TRUCKING OF BUFFALO, INC Paid Chk# 031134 7/2/2012 TASC G 101-21710 Other Deducations $216.00 485 $972.00 Page 5 of 5 FD commercial monitoring/security PW commercial monitoring/security FD fire alarm system testing PD black, blue, white, deep gold paint, on signs/bldg. ARENA bulk salt resin cleaner Iron Friendly City Days street sweeping Friendly City Days street sweeping PW street sweeping 50 st & Main Av- (Jun 6) PW street sweeping 50 st & Main Av $300.00 3200109831 CH FlexSystem Plan Total TASC $300.00 Paid Chk# 031135 7/2/2012 TRYCO LEASING INC E 604-49660-413 Office Equipment Rental $16.68 6245 UD (stormwater) color copier lease E 101-41400-413 Office Equipment Rental $125.12 6245 CH color copier lease E 602-49400-413 Office Equipment Rental $20.85 6245 UD (water) color copier lease E 601-49450-413 Office Equipment Rental $45.87 6245 UD (sewer) color copier lease E 101-42000-404 Repair/Maint - Machinery/Equip $113.64 6246 FD copier lease E 604-49660-413 Office Equipment Rental $18.00 6247 UD (stormwater) copier lease E 101-41400-413 Office Equipment Rental $134.98 6247 CH copier lease E 602-49400-413 Office Equipment Rental $22.50 6247 UD (water) copier lease E 601-49450-413 Office Equipment Rental $49.49 6247 UD (sewer) copier lease Total TRYCO LEASING INC $547.13 Paid Chk# 031136 7/2/2012 UNIVERSAL LICENSING SERVICES E 601-49450-433 Dues and Subscriptions $50.00 WNLS 597 UD (sewer) Renewal of FCC License KHz) expires 05-24-2013 Total UNIVERSAL LICENSING SERVICES $50.00 Paid Chk# 031137 7/2/2012 XCEL ENERGY E 810-00000-381 Electric Utilities $5,479.65 328347657 ARENA electricity charges E 101-45100-381 Electric Utilities $24.14 328485608 PD electricity parking lot Four Seasons E 101-45100-381 Electric Utilities $3.71 328501378 PD electricity civil defense siren Total XCEL ENERGY $5,507.50 Paid Chk# 031138 7/2/2012 ZEP SALES & SERVICE E 810-00000-200 Office Supplies (GENERAL) $437.37 57451814 ARENA toilet paper, paper towels, grey trash bags Total ZEP SALES & SERVICE $437.37 10100 Premier Bank Fund Summary 10100 Premier Bank 101 GENERAL FUND 468 CSAH 19 RAMPS/I 94 Project 601 SEWER FUND 602 WATER FUND 604 STORM WATER 810 STMA ARENA $82,196.00 $19,122.14 $15, 772.48 $1,610.19 $293.35 $540.93 $44,856.91 $82,196, 00 M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Finance Bills Report (RCA).doc Meeting Date: July 2, 2012 1 NIbertville Mayor and Council Communication June 25, 2012 SUBJECT: CITY CLERK - APPOINT 2012 ALBERTVILLE ELECTION JUDGES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution No. 2012-030 entitled a Resolution Appointing Election Judges for the 2012 Primary and General Election held within the Albertville city limits. BACKGROUND: According to Minnesota State Statute 204B.21, Section 2, the City Council is required to officially approve the appointment of election judges to the polling location(s) within the City. Applications to recruit election judges were sent in all utility bills and to those individuals named and submitted by the political parties. Throughout the month of July 2012, the residents who have submitted an application to serve as an election judge at the Albertville Precinct will be trained by Wright County Auditor's Election Officials on the various duties and responsibilities that are expected to be carried out on Election Day. The City Clerk serves as the Chief Election Official who supervises the Precinct to make sure the duties are performed as instructed, and to make sure there is the appropriate party balance within the Precinct. KEY ISSUES: o Due to the large number of duties and responsibilities to be carried out during the Election Day process, the City Clerk looks to citizens and residents to serve as Election Judges. o Party balance must be achieved in the polling location to deter fraudulent voting procedures and is required by Minnesota State Statute 204B.19, Subd. 5. o 2012 is the second year absentee voting has been offered through the city offices. FINANCIAL CONSIDERATIONS: The City plans and budgets for elections during even years. Compensation for these judges has been included in the 2012 budget. LEGAL ISSUES: The Mayor and Council possess the authority to appoint members of the community to serve as election judges, commission members, and committee members. Department/Responsible Person: Administration/Kimberly A. Olson, City Clerk Attachments: Resolution No. 2012-030 M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Appoint 2012 Election Judges.doc Meting Date: July 2, 2012 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2012-030 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2012 PRIMARY AND GENERAL ELECTIONS WHEREAS, the City Council is required by Minnesota State Statute 20413.21, Section 2, to officially approve the appointment of election judges; and WHEREAS, the City Council of the City of Albertville hereby adopts the judges listed on Exhibit A, hereto attached, as the Official 2012 Election Judges for the August 14, 2012 Primary and the November 6, 2012 General Election, with the understanding that amendments may be necessary to the appointments in order to fill vacancies and meet party balance requirements, and NOW, THEREFORE, BE IT RESOLVED, the City Council appoints the individuals listed on Exhibit A, hereto attached, is the list of Official Election Judges for the 2012 Primary and General Election at a rate depending on qualifications. Exhibit A — Attached Adopted by the City Council of the City of Albertville this 2nd day of July, 2012. Mark Meehan, Mayor Kimberly A. Olson, City Clerk M:\Public Data\Resolutions\2012 Resolutions\R 2012 030 Appointment of Judges Resolution.doc 16 City of Albertville County of Wright Resolution No. 2012-030 Page 2 Exhibit A Official Election Judges for 2012 Primary and General Elections Andrea Anderson Bridget Miller Jane Arnoldy Michael O'Donnell David Bartholomew Jane O'Donnell Connie Bacon Shari Olsen Randy Bacon Kimberly Olson Chad Berkenes Robert Petron Roger Brandt Pamel Pitman Mary Brandt Douglas Potter Rick O'Brien Carmen Robeck Ervin Bruner Judith Roden Agatha Eckman Marlo Samuelson Deborah Janicula Sue Schwalbe Tom Kohmetsher David Sollitt Dennis Kueng Gary Trebesch Tina Lannes Gary Weihn Linda Leger Charleen Zachman Carolyn Lindsay Kathy Hansen LaVonne Martinson Erika Youngdahl Curtis Middendorf Marlene Zachman M:\Public Data\Resolutions\2012 Resolutions\R 2012 030 Appointment of Judges Resolution.doc 17 __ Albertville Mayor and Council Communication T�ftowur. June 25, 2012 SUBJECT: CITY CLERK - APPOINT 2012 ABSENTEE BALLOT BOARD RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution No. 20.12-031. entitled a Resolution Appointing and Authorizing an Absentee Ballot Board for the City of Albertville's 2012 Primary and General Elections. BACKGROUND: The City of Albertville is offering the service of Absentee Ballot voting for the second time in 2012. The City Council is required by Minnesota Statute 203B.121, Subd. 1 to appoint and authorize a municipal absentee ballot board trained in the handling of absentee ballots and may consist of citizens or staff. The responsibility of the absentee ballot board is to examine the return envelope of each absentee ballot for completeness and correctness. The board will then designate each ballot as "accepted" or "rejected" and enter this information into the Statewide Voter Registration System (SVRS). If "rejected", a replacement ballot with letter of explanation must re -sent to the applicant as soon as possible. The purpose of an Absentee Ballot Board will eliminate the need for election judges to perform this technical and time consuming task on Election Day and give them more available time for the voters at the precincts. KEY ISSUES: o Albertville has been asked by Wright County to again offer absentee voting at the city offices in 2012; therefore, an Absentee Ballot Board is required by the MN State Statues. o The Absentee Ballot Board must consist of a minimum of two staff or two election judges of different political parties to perform the tasks as outlined in Minnesota State Statute 203B.121, Subd. 2. o Party balance during the accepting or rejecting of absentee ballots is intended to prevent fraudulent voting procedures when dealing with absentee ballots. FINANCIAL CONSIDERATIONS: The City plans and budgets for elections during even years. Compensation for these election judges has been included in the 2012 budget. LEGAL ISSUES: The Mayor and Council possess the authority to appoint members of the community to serve as election judges, commission members, and committee members. Department/Responsible Person: Administration/Kimberly A. Olson, City Clerk Attachments: Resolution No. 2012-031 M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Appoint -Authorize 2012 Absentee B Board.doc Meting Date: July 2, 2012 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2012-031 A RESOLUTION APPOINTING AND AUTHORIZING AN ABSENTEE BALLOT BOARD FOR THE 2012 PRIMARY AND GENERAL ELECTIONS WHEREAS, the Albertville City Council is permitted by Minnesota Statute 203B.121, Subd. 1 to appoint and authorize a municipal absentee ballot board to examine the return envelope of each absentee ballot for completeness and correctness, and WHEREAS, the members of the absentee ballot board shall take receipt of all return envelopes delivered to the board and two board members of different political parties shall deem the ballots "accepted" or "rejected", NOW THEREFORE, BE IT RESOLVED the City Council of the City of Albertville hereby authorizes the City Clerk to implement a municipal absentee ballot board consisting of a minimum of two staff or election judges of different political party to perform the tasks as allowed in Minnesota State Statute 203B.121, Subd. 1. Adopted by the Albertville City Council this 2rid day of July, 2012. Mark Meehan, Mayor Kimberly A. Olson, City Clerk MAPublic Data\Resolutions\2012 Resolutions\R 2012 031 AB Board Resolutiomdoc 19 A\11bertvijle Mayor and Council Communication July 2, 2012 SUBJECT: Purchase of pick up sweeper for Bobcat. RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Purchase of Bobcat sweeping bucket for the amount of $3,004.47 including tax. BACKGROUND: The City is in need of a sweeper to do several different projects. It could be used for small street sweeping projects, parking lots and cleaning up after accidents. It would not however take the place of the spring and fall sweeping that is done by a contractor. KEY ISSUES: • Sold old sweeper that didn't work well and was not a pick up sweeper at auction for $800. • Purchasing sweeper from State contract. • Could save the City money by doing the smaller projects ourselves. FINANCIAL CONSIDERATIONS: There are sufficient funds in the miscellaneous equipment budget. LEGAL ISSUES: None Submitted through Adam Nafstad Department/Responsible Person: Tim Guimont Public Works Supervisor. Attachments: None M:\Public Data\City Council\Council Packet information\2012\07 02 2012\pw report 7-2-12.doc Meting Date: July 2, 2012 1%£i`tvi lle Mayor and Council Communication S-1 7« UA ft atVur.. June 26, 2012 SUBJECT: Engineering — I-94 WB C-D Road Project Update Construction recently completed includes, the foundation pile for the retaining wall, extension of the sanitary sewer casing, and soil corrections between the east end of the retaining wall and CSAH 37 bridge. Construction activities currently underway generally include: removal of the old NE CSAH 37 ramp, foundation construction of the retaining wall along the lake, soil corrections, roadbed grading, installation of storm sewer, and edge drain construction. Given the rain days to date, the Contractor is entitled to a contract extension of approximately two (2) weeks. In response to concerns from Heidi's Market regarding loss of sales during the construction, "local businesses open during construction" signage for the freeway has been ordered and Public Works will be clearing several trees at the NW quadrant of the CSAH 37 interchange to improve Heidi's visibility. Miscellaneous Project Related Items: • The CSAH 37 on -ramp has been closed and traffic will be detoured via CSAH 37 and CSAH 19 during construction. • Approximately $2,800,000 in State funds has been received. • The PFA loan requirements have been completed and the project is now eligible to receive loan disbursments. • Staff is working with the Ownership group of the Mall concerning the preliminary assessment. • Partial Payment No. 2 will be presented to Council at the 2nd meeting in July. • The posted freeway speed will be reduced from 70 to 60 MPH thru the project corridor during construction. • At this time, there are no scheduled lane restrictions for freeway traffic. If at any time you have any questions or would like more of a project update, please call. Submitted Through: Adam Nafstad, P.E., Public Works Director Department/Responsible Person: Engineering/Adam Nafstad, Public Works Director Attachments: (none) Construction pictures to be presented at July 2nd Meeting. Meeting Date: July 2, 2012 A\1b4Ertyi j ] c 1ft0tvUr� SUBJECT: Mosquito Control Mayor and Council Communication June 25, 2012 RECOMMENDATION: This space on the agenda is reserved for the Mayor and Council to discuss mosquito control and options for control. The following motion is offered for the Mayor and Council to consider: MOTION TO: Approve contracting with Clark Consultants for mosquito control treatments including up to eight (8) ULV Adulticide spray applications and one (1) larval treatment with Altosid Briquettes at approximately 50 locations at a cost not -to -exceed $12,554. BACKGROUND: As directed by Council, staff has received a quote from Clark, of Clearwater, MN, for mosquito control services. A summary of the quote received is as follows: ULV Adulticide Truck Spraying (including driving/spraying in parks) 1 treatment = $2,050.00 plus tax 3 treatments = $1,640.00 plus tax per treatment 8 treatments = $1,312.00 plus tax per treatment Larval Treatment using 150 day Altosid Briquettes for season -long larval control (retention ponds/ditches/standing water) 1 treatment up to 50 sites = $1,250.00 plus tax The appropriate number of treatments is dependent on rainfall and temperature. In discussions with Clark, a single treatment will provide a limited benefit for a short period of time and generally is used for event planning. Three (3) treatments scheduled between now and the Memorial Day holiday will likely provide adequate control such that the condition is not noticeably worsening. Eight (8) treatments, approximately weekly, between now and the Memorial Day holiday will likely provide sufficient control such that the condition is noticeably improving. In years past, the City has performed single treatments for Friendly City Days, and in 2006 the City completed three (3) applications of the ULV Truck Spraying. In 2007, the Council chose not to budget for mosquito control due to unnoticed improvement in 2006 and information received by a representative from the Metropolitan Mosquito Control District. KEY ISSUES: Costs for mosquito control are not included in this year's budget. • Treatment generally includes spraying all roadways and parks within the City and placing a briquette in ± 50 stormwater ponds or wetlands (Albertville has approximately 200 ponds and wetlands combined). M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Mosquito Control.doc Meting Date: July 2, 2012 Mayor and Council Communication — June 26, 2012 Mosquito Control Page 2 of 2 • The appropriate number of treatments and performance of each is dependent on the amount of rainfall received and the temperatures. A programmed schedule of treatments will be the most beneficial. • Albertville is not within the. MMCD and no known mosquito control services are offered by the County. • It is understood that St. Michael and Otsego are not performing mosquito control at this time. • Nearby communities Clark is currently providing services to include Clearwater, Hutchinson, Royalton, Annandale, Lester Prairie, and Winsted. FINANCIAL CONSIDERATIONS: This is a non budgeted expenditure. Costs associated with mosquito control would be funded through the general fund. LEGAL ISSUES: (not reviewed) Submitted through: Adam Nafstad, P.E., Public Works Director Department/Responsible Person: Public Works/Adam Nafstad, Public Works Director Attachments: None M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Mosquito Control.doc Agenda Item No. Meeting Date: July 2, 2012 Nbertville Itwkm� lug OWut.. Mayor and Council Communication June 26, 2012 SUBJECT: MACIVER AVENUE NE SEAL COAT WITH OTSEGO RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion regarding joint improvements to MacIver Avenue NE with the City of Otsego. MOTION: Approving seal coating of Maclver Avenue NE, between 63rd Street NE and 70th Street NE, and related work per the City of Otsego's 2012 Street Maintenance Project plans and specifications, and to reimburse the City of Otsego for Albertville's portion of the project costs, which are estimated to be approximately $11,553. BACKGROUND: Albertville has been informed that Otsego plans to include MacIver Street NE as part of the Otsego 2012 Street Maintenance Project and would like Albertville to participate in the funding. As a border road between the two cities, one-half of MacIver between 63rd Street NE and 70th Street NE is within the corporate limits of Albertville. The City of Otsego has developed and approved plans and specifications for their 2012 Street Maintenance Project and subsequently bid and awarded the project to Pearson Bros., Inc. of Hanover (low bidder). Albertville's cost to seal coat one-half of the 4,200-foot shared segment is approximately $11,553, which generally includes seal coating and re -striping of pavement markings. KEY ISSUES: The proposed cost share is generally consistent with the 2006 Maclver Agreement. Seal coating is a common street preservation practice designed to extend the life of pavement and is recommended for MacIver. • Otsego Plans and Specifications and Bid Abstract are on file. POLICY/PRACTICES CONSIDERATIONS: (N/A) FINANCIAL CONSIDERATIONS: Budgeted 2012 Street Improvement funds would be used to reimburse Otsego Albertville's share of the project. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to order and authorize municipal improvements. Submitted Through: Adam Nafstad, P.E., Public Works Director Department/Responsible Person: Public Works/ Adam Nafstad Attachments: (none) MA\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Maclver Ave Seal Coat.doc A,llbertvi l l e TLwk�ft0tvur.. Mayor and Council Communication June 26, 2012 SUBJECT: RFP - City Administrator Recruitment and Succession Planning RECOMMENDATION: This space on the agenda is reserved for the Mayor and Council to discuss and consider proposals for succession planning for the position of City Administrator and executive search services. MOTION: Approving the proposal by Springsted for Phase 1 services to develop a position profile and Council objectives for the City Administrator position. MOTION: Approving the proposal by Brimeyer Fursman, llc for Phase 1 services to develop a position profile and Council objectives for the City Administrator position. BACKGROUND: In May, the Council received proposals for executive search services from Springsted, Inc. and Brimeyer Fursman, LLC. The two proposals received are competitive in price and offer a similar scope of services. Per workshop session discussions following the June 18 City Council meeting, staff submitted a revised RFP requesting a phased approach to services with individual fee proposals for each phase. The requested phased approach is as follows: Phase 1- Development of Position Profile and Council Objectives This phase is to include facilitation of meetings with the Council and staff to determine the primary objectives of the position, as well as, the desired position qualifications. The goal of this phase is to build consensus among the Council as to the roles and qualifications desired of the future Administrator. It is assumed that this phase will require up to six (6) hours of meeting facilitation over the course of 2 to 3 evening workshop type sessions. Phase 2- Recruitment and Selection Services Should the Council choose to continue on the path of recruitment, it is intended that Phase 2 services will include the balance of the services proposed in the May proposals to complete a successful search for the permanent placement of a City Administrator. Revised proposals will be received by June 29 and will be distributed to the Council at the July 2 City Council meeting. KEY ISSUES: • Both Spingsted and Brimeyer-Fursman are eminently qualified consultants and capable of the services sought. • Both firms are familiar with the City, as Springsted served as a financial advisor to the City in the 90's and Fursman facilitated the Albertville/Ukraine government exchange in 2011. • The selected firm will first facilitate discussions to develop a position profile for a desired Administrator, and 2' , if desired upon completion of Phase 1, provide recruitment services for the position. • Phase 2 services will be authorized by Council at a later date, however, it is intended that the same will be used for Phase 1 and 2 services. POLICY CONSIDERATIONS: Contracting consulting services is done at the discretion of the City Council. Both consultants have extensive experience facilitating discussions to identify a desired position profile and conducting executive government searches. FINANCIAL CONSIDERATIONS: Costs associated with the recruitment services are a non - budgeted expenditure and would be funded through the general fund. LEGAL CONSIDERATIONS: The City has the authority to contract consulting services for recruitment and succession planning services. Submitted Through: Adam Nafstad, P.E., Public Works Director Department/Responsible Person: Public Works/ Adam Nafstad Attachments: June 21, 2012 RFP Letter A,Ibc t Small Town Living. Big CitV Life. June 21, 2012 Mr. David Unmacht Springsted Incorporated 380 Jackson Street, Suite 300 St. Paul, Minnesota 55101 Mr. Richard Fursman Brimeyer Fursman LLC 1666 Village Trail E., Suite 7 Maplewood, Minnesota 55109 Re: Professional Services — City Administrator Recruitment and Succession Planning Dear Mr. Unmacht and Mr. Fursman: Thank you for your May proposals for professional search services. As we have discussed, the City has received two (2) proposals for executive search services. Both proposals represent extremely competitive proposals by eminently qualified firms. Upon further deliberation and at this time, the Albertville Council would like to take a revised approach to the professional services sought. The City is requesting a revised proposal such that the approach to services consists of two (2) primary phases with an associated fee proposal for each phase. The requested phased approach is as follows: Phase 1- Development of Position Profile and Council Objectives It is intended that this phase include facilitation of meetings with the Council and staff to determine the primary objectives of the position, as well as the desired position qualifications. It should be assumed that this phase will require up to six (6) hours of meeting facilitation over the course of 2 to 3 evening workshop type sessions. The goal of this phase is to build consensus among the Council as to the roles and qualifications of the future Administrator. Phase 2- Recruitment and Selection Services As we have discussed, the Council wishes to complete the above described Phase 1 services prior to pursuing recruiting services. Should the Council choose to continue on the path of recruitment, it is intended that Phase 2 services will include the balance of the services proposed in your May proposals to complete a successful search for the permanent placement of a City Administrator. .Albertville City ] fall r 5959 Main Avenue NE.. PO Flox 9 • Albertville, MN 55301 • (763) 497-3394 27 Professional Services 6/21/12 Page 2 If interested, please submit a revised letter proposal to me by Friday, June 29. Proposals received will be presented to the Council at their July 2nd meeting for discussion and potential selection. I greatly appreciate the assistance you both have provided the City and me, and the efforts put forth in your proposals. At anytime, please feel free to contact interim City Administrator Bob Thistle or me with any questions regarding the proposals. Sincerely, CITY OF ALBERTVILLE Adam Nafstad, P.E. Public Works Director (612)328-0878 Cc: Mr. Robert Thistle Albertville City Hall « 5959 Niain Avenue NE. i'o Flox 9 + Albertville. NfN 55301 o (763) 497-3384- W bcrtvi j j �lE s,a r wiw. fro rjiv ur.. Mayor and Council Communication June 25, 2012 SUBJECT: PLANNING DEPARTMENT —152 CLUB BUILDING EXPANSION (5794 MAIN AVENUE NE) REQUEST FOR FINANCIAL ASSISTANCE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION: to direct the City Attorney to prepare a loan agreement with the owners of the 152 Club for the following consideration: SAC/WAC charges as calculated for the 152 Club building expansion shall be assessed against the property over a period of five years. 2. The City shall grant a loan to the owners of the 152 Club of approximately $12,000.00 from its revolving loan fund to cover the internal cost of sprinkling the building. Said loan shall include a three percent (3%) interest rate and a five (5) year term. This loan shall be secured as an assessment against the property to insure repayment. 3. The City shall relocate an existing hydrant on the west side of the 152 Club building to the shared property line of the City property and the 152 Club property. The existing hydrant location shall provide water service to the building. The hydrant relocation shall be at the City's expense. BACKGROUND: Trisha Holm wishes to expand the 152 Club building at 5794 Main Avenue NE to provide code compliant disability access bathrooms and to maintain the building's internal seating capacity. Under Building Code 1306, all new construction is required to have sprinkler fire protection. In meeting with staff, we informed Ms. Holm that the building expansion would require sprinklers and the expanded building would have additional SAC/WAC charges. Ms. Holm wishes to continue with the building expansion and has requested the following consideration: A $12,000.00 loan from the Albertville revolving loan fund. The City Council, in previous discussions, indicated that the use of the revolving loan fund for fire sprinkling was appropriate. 2. Deferred payment of applicable SAC/WAC charges through assessments against the property. The City has assessed SAC/WAC charges in the past for hospitality businesses/ restaurants to reduce the upfront costs to these businesses. KEY ISSUES: 1. The bar/restaurant (152 Club) is a permitted use within the B-4 District. M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 152 Club RCA.doc Meting Date: July 2, 2012 2. The proposed building expansion follows the historic building lines of the existing building. The building expansion meets B-4 District setbacks and will not overburden available parking. 3. The building expansion will correct existing building deficiencies by providing code compliant disability restrooms. POLICY/PRACTICES CONSIDERATIONS: The use of the revolving loan fund to assist local businesses to comply with Building Code 1306 was discussed by the City Council and found to be appropriate. The deferred payment of SAC/WAC charges through assessments is consistent with past practices used to promote economic development of hospitality businesses. FINANCIAL CONSIDERATIONS: The City revolving loan fund has approximately $160,000.00. The loan will be offered at an interest rate just above inflation with a five (5) year payback. The loan and SAC/WAC fees are proposed to be secured as assessments to reduce risk of default. LEGAL CONSIDERATIONS: We ask the Council to direct the City Attorney to draft the necessary loan agreement and assessments waiver for approval at the next Council meeting. SUBMITTED THROUGH: Planning/Alan Brixius, City Planner M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 152 Club RCA.doc Meting Date: July 2, 2012 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 on Memorial Highway,i i y- .r 22 763.231.2561 r s PLANNING REPORT TO: Albertville City Council FROM: Michelle Barness, Planner/Alan Brixius, Principal DATE OF REPORT: June 25, 2012 RE: Albertville - Animal Ordinance — Chickens FILE NO: 163.05 — 12.03 BACKGROUND The Towne Lakes Association Board in Albertville received a request from resident Chad Dahlheimer to build a chicken coop to raise chickens in his yard. In section 200.2 of the Albertville zoning ordinance chickens are identified as farm animals, the keeping and raising of which is currently only permitted within the City's A-1 and A-2 agricultural zoning districts (Ch. 2300.1). Mr. Dahlheimer received a message three to four weeks ago in which he interpreted the City's response on the matter as affirmation for raising chickens at his residence, but we want to reiterate the fact that City Ordinance doesn't currently allow this activity beyond the A-1 or A-2 Districts. Mr. Dahlheimer would like to have the City consider an amendment or variance to City Code allowing the raising of backyard chickens. At the Council meeting on June 18tn the City heard of this matter, and allowed Mr. Dahlheimer to share his perspective on the issue. NAC has done some background research on the topic. As an attachment to this report we have included a few of the materials considered: "Backyard Chicken Keeping: Myths and Facts" by John Harrison, Kim Pray, Ashley Doolittle, & Kathryn Chambless (submitted to the Dunwoody Planning Commission on Feb. 2, 2010), and "The City Chicken" by Katy Skinner, author of TheCityChicken.com. Urban chickens were considered by both Montrose and Delano in 2011. Mr. Brixius outlined concerns related to urban chickens in the attached September 1, 2011 email. His concerns reflect comments from a Montrose veterinarian who provided testimony to the Montrose City Council. In considering this issue neither Montrose nor Delano chose to allow urban chickens. 31 Several Wright County communities have addressed the same issue recently, often deciding against creating ordinances allowing backyard chicken keeping. The Cities of Buffalo, Delano, Montrose, and Howard Lake, Minnesota do not permit chickens on urban residential lots. Other communities have decided to allow backyard chicken keeping, but with very strict standards for the organization and management of such activities. Examples include the cities of St. Paul Park and Monticello, Minnesota. Their approach to the issue can be interpreted through several additional attachments to this report (See "Planning Report: St. Paul Park City Council, 4/18/11," "City of St. Paul Park: Ordinance amending Ch. 10 of the St. Paul Park City Code by adding Section 10-10, Limited Keeping of Chickens," and "Monticello City Ordinance — Title 6, Ch. 3 (Animals, Fowl)." CONCLUSION Council should direct staff on this issue. CITY CORRESPONDENCE Mr. Dahlheimer has indicated that he had correspondence with Sue Schwalbe from City Hall on 5/21/12 indicating that he could proceed with having chickens. Sue's recollection was that she only relayed the specific Code language in Section 2300 of the Albertville zoning code. 2 32 Back Ping d Ch cken Kee Myth and Facts w X 33 -0 Chickens, are notsvl. Eaqb- The main rule for keeping urban chi-ais "'NO ROOST- ERS ALLOWED.Hens do not inak-e. a mckus, in, the morrang like their male cminterpartswid They are fa. t asleep iia their coop by the time tbesun goes down. (As you probably know, hens do lay eggs ,vAthout the aid of 'a rooster. Roosters are only ne-eded if you -"wt to have fertifized eggs for baby chicks.) Hens mAe, a soft ciuclaingwiSt that is Tess noisy than a bafking dog or a leaf blower. OvIi . Roostersand cro-nghen,s,,ucprobil)ite(l- 23 34 "bick-ens are messy and, smelly. Facts: Chickens theinselves do -not ssmelt. This is a. fact. It is only theiTfeces that has the potentia'l to smell which is, also true of feces ftoin dogs, cats., rabbits, or any other animal that is outside. -A 4-pound laying hen produces 0.0035 eu ft of man -are per day. Ac- cording to FDk. an. airerage dog generates 1/4of a pound of umuTe a day that cannot be coinposted because of the hanuful bacteria and parasites (hoA-Nvorms, roun.dvvo-riots and. uqx-*N;orrT1s) that, Can infect humans. This waste is cOnsideTed. a major source of bactcri,al pollution in urban. watersheds. Source: htto:/ S_hC'U..Qm, P�v waste coomps hoo concentrations of nitrVen and phos*- Im4ke', untrients;dW &WI to 1P r ff 11, gromM ": stuUx waters thrm two ftom i�. K] 35 C3 Im 9 u BaCky.ard ebick-ens Nvill decreasw 0 property value. There is absolutely no evidence that keep ing pet hens within the ordinance guidelines -would have any affect on property values. This is property rights issue and while it is necessary to protect Tieighbors,from anApo tentialnuisance, homeowners shot4d have as much, fteedom as possible -v�ith minimal government interference. If property values decreased N&h backya-rd chicken keeping. mrhy Nvould major cities likeAtianta, Nov York, Cbieago, Los Ang) 1es, ;has Ve- gas, Madison, WI, Denver, not to mention our stmounding and Simi - laxly zoned cities, — Roswell, John's Creek, and > Springs, and Deca- t irsup -1 port, backyaard rbicken kee-ping9 0. W j)rdigance: A lot owner shall be required to apply for and obtain a permit for housing of chIckens from the Cit).F Community Develop- ment Department -As part of the application, the lot owner shall pro - ,vide the City -with do( mmentatic n that the propwSedor existing coop urill be in compliance ikith this oTdinance. Prior to cabina permit, the City shall inspect the applicanfs lot for compliance -"ith, the City Code'and fbis section,. and the issuance of the permit shall grant. the right to a City Code Enfo-rcemen-t Officer to enter onto applicant is s lot at any Um e to investibpate any chicken -related. complaints. d 39 is ens Nvitl create, a health. bazard. Facts: hithe Us. Lbere-isnotiecdatpresciittorem oNreallockoff` chickens because ofconcenis regarding avian influctiza. The U - S Depaxtuient of Agriculture Taonitors potential infection of poull and poultry products by sAan influenza Nrinises and other infectious disease agents. H5NI virMs (Miwi nu) does not usually infect people, butsinec November 2003, nearly 400 cases,ofituman infection uith higjiIypafb4(Wnic avian influenzaA, (H5NI) Arases have been reported by more than a domn countries iatsia, Africa, the Pacific,Euro PC viruses have NENETIL bets detected amongm-Ad bird-S, domestic poid.try, or people in tbrUnitedStates. Source,:M- Researeb showshat there, are actually more diseases that can be spread -from dogs and, cats thanfrom chickens. Dogs and cats Ca-,n spread parasites, bacteria, fungi and viruses to humans, Pobies is an example of a Niral infection that can be transmitted to people fi-om the saliv-a or bite of a do&- Cat Scratch Fey r iIsabacte iI . o , posed to peop] e. by cuts, Raeh year, 25) , 0 00 uses are, diagnosed in the U. S Ringworm., a highly contagious fano infection, can be transmitted to humans by touebing an infected animal's fur or skin and is common in cats that roam freely. Roundworm, bO0kWOrM, tapCWOTm a -ad Giardia are, ant esti" parasites that can, be passed to humans from petwaste. There are also anumber of tick -borne diseases that can be brought home (rout 09S d , and cats like. L)nne disease and'Rocky Moo ntain. spot- , ted fever. Chickews m. actually keep your yard healthier hecause'they eat ticks and insects. .12 - A chick en coop is an eyesore. CItV coops are rypically small, clean and amactive because people l(we their pets and live in close pro-.6inately to them. Attractive and inexpensive coop designs arc available on various wobsites for those wbo are not able to build their own. There are nany booL-s and. -websites arailable on coop construction. Currently in Dunwoody, rabbit hutches, dog houses, play sets and worL�shops are -all considered accessory -structures an d are leg -al.. Chicken coops are ven! Similar t0rabbit hutches in size, design and fLinction and shoWd also be considered accessorystructilres. :Photos of Rabbit Hutchts 0 Photo of a Chidom Coop 41 kAwd Chicken Keeping is a ficid. Fame: Chick -ens have becin domesticated since 10,1000 BC and have played an irapormt pan of life ever since. Many ofour grandparents had victory, gardens and knm,, how to gro-Nv vWtables, all food, and raised their own chickens. But this valuable knowledgescems to have skipped a. generation (or two) alid we are airdous to bring it ba-k ona smaller scaleso that our children will, not beso farTemoved from tb. basic skills that they tbink- food comes onty from the grocery store. Raising a 6-8 hells LiTithe backya-rd is a trem en dous topportunity fbr parMStOteaell their children about the responsibility that comes with carmy for a pet and because of dicir small size and friendly de- ineanor} young Alldren (mi easit y handle hens Nvidlout the fear of be- ing bitten. Backyard chick -en keeping rcqt,.ires encilsive planning and prep-aTa- tion. art i can't jest go to tileepet store to get chick -ens like a dog or cat or any other pet. Jt takes a great deal of time to conduct all the Te- search, build a coop, acquire all the neces,,;wy feeding and watering supplies and then to finally get the chickens themselves. OM 42 Backyard Chickens and Susiainability W If Sustaillability, even though a broad concept' can b(-,%i be tbought of foTntrr purposes here as aneffort tomini'mizv, our impao on the resources ofthe, eardi. As regards the new iu- ban backyard chicken mayeraea, several outcome-,; are desirckl: 1, Per food source, fore While the nutritional superiority, Of org aic And home- grownWvs. conventional stare-bouot eggs maybe debatable, it is certainlytruc th2t. anyltannful affects of antibioticshorinenes,,c)rodicrclieniicaI additiATs-would be avoided with homegrown eggs. Anecdotally, those wbo keep chickens may boast about 1-mppieT chjclxn s yieldivItappier eggs, but the groNNring stistainable and humane ftx)(1 njm€ emertt has exploded —or gm iic groceries in die US going from about $ 14 billion in 2005 to M eg- timated $24 billim) in 2010,2 2. Cojupogt/fertiWcr. (laic en manure is sought after fertilize-r. and thicken liter the wood s`�Nings on the blomm of a chicken coop to absorb droppings) provide a Avimkdy ad- ditio-a of abmi t 4 potijidi of organic material ftom the average backyard Dock-, of 6hCnO Even if ffiere is j-wcomps stpile, chic k-e roppiligsorrhickc,.nlitter iDoLylxpl,-te,edirect.v rJeral Organic fertilizer. Teen c;'bit."kens Marc., allowed to visit. as compost pile, they will, perform needed labor: toss the compost pile, shrcd leaves, and remove un-wauTed grobs or magogots, 3. Food Noastewnstutiption. Rack -yard -chickens de*ht in eat 'vegetable scraps fix)M, tbe kitchen. All type of fruit and'vegetable discards such asapple: cores, peeling-ss, staW, etc can be diverts d to the chickens in "t- ad often the n-ashelm or garbage. disposal. In many cases, it may -be prefexabIr to feed seer vqggie discards to chickens rather than composting them (mtere they may attract rodents). 4. Insect and uved omixol. If chickens are Wlowd to roam asmail backyurd Iam even for ashort period, they can perf6nn the useful tasks of weed and insect rcratmd- Weeds with seeds are prime target for cbicktD grazing. In the, soring,chickens:Nell feast CSPC- �Fara Vmt (UsCiMlon of tht UNIdefiditiot, &w- 'Oberhoher, L.ot 41 (UGA). '0qmic PouttrY and CWture, Hi$)i Price Wmium USDA Outlook- ,kepam 2006- MOM" lfjw�dso-n, J, n ex published,;,for a perlodof 6.wonths in Georgia w0umn 2009.- aboul. L54 per werk with about .114 qf Me mays being phvevhavimp (non- dried). 11 43 ciatly on dandelions, chick weedand other low seed -he aringNmeds to help the lawjl, During 'dj e wil I tl-T, INS-1111-SeaS M 1grass I awus can benefit from chicken grazingsine c the birds will select out the green weeds in an othemdse bro-,AAna winter lawn, Similarly, chick- ens spending a shirt nee in the Hurd mill help jid it of many tunvanted insects and grubs, Mos(lpiToes have redi-iced chance in shallow water exposed, to chickens since the birds Nkri]l "st on the insects in -addition to di-sturb 4ig the larvae. This "animal" solation to wced and insecis would be seen as more ins finable in that pesticides and herbicides could be (and indeed should be) avoided., if the birds have access w almvn area.. 5, liw-inipactpet. (1.0juxary to their commercially raised counterparts,, back�wd chick- errs are a decidedly easy to care for "low irnpact' pet. A vwo-gallon water supply will lost altuost aweck in averRge WCIALTICT(for a flock (if six), and chicken feed is, iveR, as ebeap, as chicken feed, Tpically these are the only resource's required Dace an adequate Coop Is built. Backyard chickens should not require, soaps, clicinicals, medic ties or other intru- sive- products. Then, nesUDgIfia.terial is hay (wheat strwl, and asing-k bale Vill supply more than enough for the season— ti.biofic 6. Potential energ prwhict. Altboagji not comt�nonly part of the back -Yard Cluck -en rycic o f gastainable, events, chicken litter can be used as a fuel source in some types cif wood- burningstoves. Cotrancrcially., chicken litter is pelletized for fertilizer or Pellet burning st ovT. s Should a homeoviter have a more advanced "green' bearing mstem,clocker :fitter oouldbc used in some limfing Stoves as a Supplement 7.nockrolcire aback-32MMS)ISWul. Rack yardehickens mbepan.ofalarger back- yard ecosystem not only its -tbeir feeding, grazing, arid waste recyc4nvoles, but also by be -lug a Component in a symbiotic relaxionsbip*Affi udier pets, na=4, dogs. All herdixig dogs and .,M-any other mixed brced d6gs gain great pleasumandpurpostin 'Vn"j3g,OWr baelqard chickens, whethex. thq are in the coop or out on the okcasional graze, 'Guard- ipg�" the flock can be perceived as ajobi and fartbe herding dogand can distract those hy- peracti-ve herding dog fivat other annoying behaNioTs. In'return, the dogs win &finitely deter crows, hawks or other predators frcantlightrot in the yard - ,In sammaTy. the raising of bactTad chickens )idds several bona fide and scientifically dernonst:rable ways to open the eyes of theaverage citizen to the world of sustainable bcmm hmiors, as it provides for a safe source ofMI, D& 12 MA Final Thoughts " Chirktns gafiom a PR problem, People tilink theT arc (firty, uOisy and sruelh,f The troth, a few eamd f6rhens are clewwr MdArai aci than gate lei g,dog etc tlittlimt-, Peighbarbood CWTIIAT PO-OV Yn IJIV flowcr I)cd. Plus you get cgrF,. --" Tbc Fail duvet Journal FORT ('10111PNIs- "I'll e I) Disc artran poultry farnibigrordiT I wic'e1w dim awiLh barely as avk, Sirce th� chickwil cIrdin.nice wc.11-t inTo effectin SeptrTabcr 20041, 36 bouse- hold-s havc acquired chickmi rimmses, To compare, iiiate S�wle turn pevkxj, aftimal corn al in J!"Ort, Gol- lists re.j.)ondedI-oI4,', 14, (,' gills tibrota gh ImrWeAn.esday. Ofthosc, six cds in Bill comx(A with the Larimcr Huntane Society, "Notmueb Iva bap - petted.' Porter %aid. "There wcre four calls ofcoTnplaims fruni rfit eN crowing. ..Tbe other two re- gwxledsmell a -ad location of the coop, xW both caseswere "wtded.' !V. The bottom, line is that the proposed ordinance alloAW backyard chickens in D-anwo-odv addresses all ofthe major concerns that are, often brought Up by opponews . We want an. ordinance that I.s. re-stricti-ve but -not pTqhibit'rVe $ one that protects oor neighbot sfrom potential nwisance but affows keedom and minimize governmental interference,. OuTpet chickens enric i our lives, teach, responsibility, entertain us AND prow de eggs, PI W- they are jIM plain FUNI, IE 45 �s sa. � f "era �' � :,.. "'7?�" y.. -�b5 4 ri '�` Y } � �` "' ¢ �iy-�"jlq .,p r Yid From: Alan R. Brixius[mailto:abrixius@nacplanning.com] Sent: Thursday, September 01, 2011 10:28 AM To: jon sutherland Cc: 'Dale Graunke'; Dan Vick; Phil Kern; Marlene Kittock Subject: Re: Ordinance Discussion by City Council - Chickens Jon: This issue has been raised in several of our cities. Most recently the city of Montrose considered it. I forward to Marlene copies of the Montrose chicken ordinance and the meeting minutes to Marlene for city consideration. The City of Montrose chose not to adopt the ordinance following the public hearing process. The there was testimony on both sides of the issue. However, the city recognized that this would be introducing a agricultural use on small urban lots. They felt that the protection should go to the non -chicken raisers rather than to the few property owners wishing to introduce this into the neighborhood. The issues that were raised against the chicken issues were best summarize by a veterinarian from the Montrose area as follows: Frequently the property owners wanting chickens are not fully aware of the responsibilities associated with chicken raising. Chickens must be in a coop to avoid having them pass into adjoining properties. Feed control; The property owner must contain the feed and control the feed materials that may fall through the coop or, be scattered on the ground. This feed can attract vermin, birds and pests that carry disease. Feed scattered on the ground may introduce weeds in a urban yard or may rot creating problems of odor or nuisance. The feed and chickens themselves may attract predators into the neighborhoods. While wildlife passing through Delano in not uncommon due to its small town nature.. The introduction of a potential food source may be inviting to more frequent visits. This is not appropriate within urban neighborhoods. Manure Management: The keeping of chickens will generate waste that must be managed to avoid issues of nuisance odors and disease. The collection and disposal must be monitored. Lot size: Delano allows farming and farm animals in its R-A zoning district on a 10 acre lot size. Delano's Urban single family lot areas range from 22,000 -9000 square feet. The city has smaller lots of record in the older neighborhoods. The introduction of chickens in these urban neighborhoods will influence the neighboring properties. Jon, a big issue that you and I are both very familiar with is code enforcement. We have dealt with issues related to nuisance complaints, home occupations, dog issues, etc. In considering the introduction of Chickens into Delano neighborhoods we may not have to be concerned with the considerate property owner, but we must consider the implications of a property owner who may not respect the adjoining neighbor or a person that does not know how to raise chickens or becomes overwhelmed or bored with the project once it is in place. These are the neighbors that may not maintain their chickens or yard in compliance with city regulations. At that point the city will be in an enforcement role to bring the site into conformance and clean up the site. I can foresee that based on the aforementioned issues that the 52 introduction of a chicken coop on a single family lot will be a highly sensitive to the adjoining neighbors and may generate a lot of calls if any issue arises. The council will need to decide if this is the area of enforcement that they wish to invest in. People purchased their homes with certain expectations of use and performance standards, the council will need to determine if the introduction of chickens is in keeping with the intent and purpose of the zoning district and established neighborhoods. I will caution them on the introduction of chickens base on the aforementioned issues. April, I know you would like to see the City adopt an ordinance to allow chickens. You need to express your support for the ordinance to allow chickens To Dale at this time because the council is currently discussing it. I also support an ordinance to allow chickens. Jonny Dale, I introdgced you to April when you were running for Mayor. She was a staunch supporter of you and lives next to Larry who we met and you put your sign in his yard across from St Pete's. I hope you can find support for an ordinance to allow chickens. I never thought much of it but I now know at least 5 people that have chickens and I am not aware of any problems. One person who you may know who has chickens is Dan Field who lives in Minneapolis. Minneapolis allows chickens by ordinance and I think it is okay. Al Brixius could get this Ordinance for you to look at. As with all ordinances they need careful enforcement and with my 25 years of experience I am not aware of any ordinance issues that cannot be properly enforced with good staff. Keep the ordinance simple and perhaps with the fees based on any violations like the dog ordinance, good job with that! I will be interested in listening to the CC minutes regarding this discussion. 1 do not like the meetings during the week during the day @ 7:00 A.M. as the public is hard pressed to attend, I would have to take vacation. From: aprilf@rubbletile.com [mailto:aprilf@rubbletile.com] Sent: Wednesday, June 22, 2011 10:37 PM To: jon Sutherland Subject: Re: No? Sent from my Verizon Wireless BlackBerry From: 'Jon sutherland" <jonny@charter.net> 53 NORT"WW AS$QCIATEO C01OULT414T4, 4800 05son Mernorial Highwray, Suite 202, Golden ValleY, MN 6,5422 Tetephone: 763.231.2555 Facairrile: 783.231.2551 plannera(nacptanning,cnrr TO: St. Paul Park City Council Kevin Walsh, City Administrator FROW Nota. Sparks, Consulting Planner MEETING DATE: April 18,2011 REPORT DATE: April 14,2011 RE: Animal Ordinance Text Amendment BACKGROUND Brian Stites has made an application for a City Code Text Amendment to allow limited chicken keeping in the urba:n areas of the City. The Planning Commiss"lon reviewed a draft ordinance at their April meeting. At that meeting, the Commission forwarded the ordinance on to the City Council for review. boTy Mies 11- & j 4=; T r, musieisetbackbit 7evrninep9per 4t W C PrOporty, as in the 0100�4gton Cirdinanc� SottiaiO� to OW0140C problerhatic for more substantial uses, as they not account for re• 'e' structures or vacant lots', 54 iggirgiffoltoiltriling ., It should be noted that the draft ordinance would not allow for the applicant to qualify11 the chicken k6o • • : ! parking,phiclk,ens in the gamge, which Js prohibited by the draft or nce, It isprotfIbIted in the prdinarce to allow for the garage to be used for its: purpose of providing to a1low #. the smaller garage setback not to,override the proposed ordinance's greater setback provisions, and to allow easy access for the city's jinspector. NEIGHSOPJNG ORDINANCES, Beyond the ordinances reviewed by the Planning Commission in March, ordinance examples frorn Newport and Cottage Grove were also briefly reviewed forthe April meeting. Both cities have setba6k and rniriirnum- lot size provisions prohibitthat essentially #m urban residential 55 CITY OF ST. PAUL PARK COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10 OF THE ST. PAUL PARK CITY CODE BY ADDING SECTION 10-10, LIM[TED KEEPING OF CHICKENS WHEREAS, the City of St. Paul Park Minnesota, wishes to add Chapter 10, Article I, Section 10- 10 in the Code of Ordinances, City of St. Paul Park, Minnesota, relating to the Limited Keeping of Chickens. NOW THEREFORE, the City Council of the City of St. Paul Park, County of Washington, State of Minnesota, does hereby ordain as follows: Section 1. The City Council of the City St. Paul Park hereby adopts Chapter 10, Article I, Section 10-10 of the City Code and amends to read as follows: See. 10-10. Limited keeping of chickens. (a) Intent and purpose. It is the intent and purpose of this section to set standards for the limited keeping of chickens in urban settings as a non-commercial hobby independent of the requirements found in Section 10-5. (b) Conditions. The limited keeping of chickens may be permitted as an accessory use to a single family residence subject to the following: (1) The property shall be zoned R-1 and occupied with a single-family home. The owner of the chicken shall live in the dwelling on the property and the property owner is in receipt of a license as required by this Ordinance. (2) No person shall keep more than four (4) total hen chickens. (3) No person shall keep roosters or adult male chickens. (4) Chickens shall be kept within a separate enclosed accessory building and/or fenced outdoor containment area subject to the following: a. The accessory building shall be less than 120 square feet in size and not exceed six (6) feet in height. b. The accessory building shall comply with all setbacks and other standards for accessory buildings, unless otherwise stated herein. c. Any outdoor containment areas shall be screened from view from all neighboring properties and right-of-ways. Outdoor containment areas shall not exceed 20 feet per bird and shall not have a fenced enclosure greater than six (6) feet in height. d. Any accessory building or containment area shall be located in the rear yard only and shall be at least 50 feet from adjacent habitable structures. e. Fencing used to contain chickens shall comply with applicable conditions of the City Code. f. Chickens shall not be kept within the dwelling unit or garage. g. The accessory building and/or containment area shall be maintained in good repair, in a clean and sanitary manner, free of vermin, and free of objectionable odors. h. Chickens shall remain in the accessory building and/or containment area at all times and shall not run at large. i. Chickens shall remain in the accessory building from sunset to sunrise each day to prevent nuisance noise and the attraction of vermin and predators. (5) The slaughter of chickens on site is prohibited. (6) The raising of chickens for breeding purposes is prohibited. (7) The sale of eggs or other commercial activity on the premises is prohibited. (8) Feces and discarded feed shall be regularly collected and only stored temporarily on site in a leak -proof container with a tight -fitting cover to prevent nuisance odors and the attraction of vermin. Such waste shall not be composted on site. (9) Chicken feed shall be stored in leak -proof containers with a tight -fitting cover to prevent attracting vermin. (10) Cockfighting is prohibited. (c) License Required. A license is required for any person seeking to keep chickens as allowed by this Ordinance. Any applicant shall complete an application form provided by the City. Any amendment to an existing license shall constitute a new application and fee. The application shall include, but not limited to the following information: (1) Site plan showing the location and size of the premises and the location, size and type of all structures and containment areas for the chickens. (2) The number of chickens to be kept on site. (3) Feces and waste removal plan. (4) An agreement by the applicant that the premises may be inspected by the City at all reasonable times to ensure compliance with all applicable conditions. 57 (d) Duration of license and fee. (1) Each license issued hereunder shall expire on December 31 in the year of issuance unless sooner revoked. A license shall be renewed annually to continue the limited keeping of chickens. (2) The annual fee for a license shall be in such amount as set forth in Chapter 42, which shall be paid at the time of the making of the application. (e) Right of entry for inspections. The animal control officer or City Administrator's designee may enter and inspect any property or accessory building for the keeping of chickens at any reasonable time for the purpose of investigating an actual or suspected. violation to ascertain compliance or non-compliance with this section. (f) Violation and penalties. When a violation is found to have occurred, the officer or agent of the City shall give written notice thereof to the owner. If said violation is not remedied within ten (10) days, the City may issue a citation to appear in district court to answer the charges stated thereon. Any owner found violating any of the provisions of this section shall upon conviction be guilty of a misdemeanor punishable by a fine. Any conviction shall result in the revocation of the permit by the City Council. A An m ' Secs. 10-11-40-40. Reserved. Section 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. ADOPTE it o ncil of the City t. PauHll J u V / EST: Sharon Ornquist, City Clerk 3 , Mayor this day of 2011. SUMMARY ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF ST. PAUL PARK, MINNESOTA RELATING TO THE LDGTED KEEPING OF CHICKENS The City Council of the City of St. Paul Park has adopted Ordinance No. . The purpose and intent of this ordinance to amend the animal ordinance to allow for R 1 single family residential properties to keep up to four hen chickens with an annual license from the City meeting certain conditions as set forth. The full text of Ordinance No. is available for inspection at St. Paul Park city hall during regular business hours. Approved for publication by the City Council of the City of St. Paul Park, Minnesota this day of 2011. 4 59 CHAPTER 3 ANIMALS; FOWL SECTION: 6-3-1: Animals kept within city limits 6-3-2: Stables 6-3-3: Animals, Fowl within city limits; Permits 6-3-4: Application for permit 6-3-5: Duration of permit; Fee 6-3-6: Conditions for keeping animals; revocation 6-3-7: Refusal to grant permit 6-3-8: Pens; yards 6-3-9: Animals, fowl at large 6-3-10: Manure 6-3-1: ANIMALS KEPT WITHIN CITY LIMITS: (A) No horse, mule, donkey, pony, cow, goat, sheep, or animal raised for fur bearing purposes shall be kept within the city limits, except in an outlying district where there are not more than three (3) residences, other than that occupied by the owner or occupant of the premises upon which said animals are kept, within a distance of five hundred feet (500') of the structure housing or enclosing said animal, unless a special written permit therefore is issued by the Animal Control Officer and the City Clerk after an inspection of the premises and a finding of fact to the effect that no nuisance shall be created thereby. Such special permit shall be issued for the keeping of any such animals on any lot only in the following two cases: (1) Where such animals were being lawfully kept on such lot prior to enactment hereof; (2) Where such animals were being lawfully kept on such lot after the enactment hereof in an area in which there were not three residences within a distance of five hundred feet (500') of the structure enclosing such animals, and subsequently other residences were built bringing the structure housing the animals within a restricted district. Such permit shall be for the term of one year and shall not be renewed without a re -inspection. (B) All animals, other than those specifically allowed and permitted by this ordinance, shall be prohibited within the city limits. 6-3-2: STABLES: (A) Every stable or other building wherein any animal listed in Section 6-3-1 is kept shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times. (B) Every such stable or other building occupied by authority of a special permit MONTICELLO CITY CODE TITLE 6 / Chapter 3 / Page 1 shall, if located within two hundred feet (200') of any tenement or apartment house, hotel, restaurant, boarding house, retail food store, building used for school, religious or hospital purposes, or residence other than that occupied by the owner or occupant of the premises upon which said creatures are kept, be provided with a water tight and fly tight receptacle for manure of such dimension as to contain all accumulations of manure, which receptacle shall be emptied sufficiently often and in such manner as to prevent its becoming a nuisance. Said receptacle shall be kept securely covered at all times except when open during the deposit or removal of manure or refuse. No manure shall be allowed to accumulate except in such receptacle. (C) The Animal Control Officer shall, if he deems such measures necessary in order to avoid a nuisance, require that any such building be screened tightly against flies and/or that it be provided with running water, drain sewer connection, flooring impervious to water, and that such other measures be taken as may be necessary to insure proper protection to public health and safety as conditions precedent to the issuance of any such special permit. 6-3-3: ANIMALS, FOWL WITHIN CITY LIMITS; PERMITS: (A) No person shall anywhere in the city keep, harbor, or maintain care, custody, or control over any small animal such as a rabbit or any fowl such as a chicken, turkey, or duck, or any pigeon, without obtaining a permit therefore issued by the Animal Control Officer and the City Clerk. (B) The Animal Control Officer and the City Clerk may grant any permit pursuant to this section after the applicant has sought the written consent of at least eighty percent (80%) of the occupants of the several descriptions of the real estate situated within 100 feet of the applicant's real estate. Such written consent shall be required on the first and initial application and as often thereafter as the Animal Control Officer deems necessary. (C) No permit shall be granted to keep any animal, fowl, or pigeon within a dwelling unit or part thereof, nor on any real estate which contains three or more dwelling units. (D) This section shall not apply to dogs or cats or to veterinarians or licensed pet shops or licensed kennels. 6-3-4: APPLICATION FOR PERMIT: Any person desiring a permit under this chapter shall make written application therefore to the City Clerk upon a form prepared by the City Clerk, which application shall describe the real estate upon which it is desired to keep said animals and shall require the giving of such information by the applicant as the City may request. Such application shall contain a statement by the applicant that he will at all times keep such animals in accordance with all conditions prescribed by the Animal Control Officer, and failure to obey such conditions shall be a violation of this MONTICELLO CITY CODE TITLE 6 / Chapter 3 / Page 2 61 chapter and shall be cause for cancellation of the permit by the Animal Control Officer and the City Clerk. 6-3-5: DURATION OF PERMIT; FEE: (A) Each permit issued hereunder shall expire one year after the issuance unless revoked. (B) The annual fee for a permit shall be as stated in the Fee Schedule, which shall be paid at the time the application is submitted. 6-3-6: CONDITIONS FOR KEEPING ANIMALS OR FOWL; REVOCATION: The Animal Control Officer may prescribe general conditions for the keeping of animals or fowl and specific conditions as to a particular animal or fowl or particular premises as in his or her judgment is necessary to safeguard public health and the general welfare. The Animal Control Officer may revoke any permit granted pursuant to this chapter if any such condition is violated or if any pet becomes a public nuisance. 6-3-7: REFUSAL TO GRANT PERMIT: The Animal Control Officer and City Clerk may refuse a permit to keep or maintain animals or fowl hereunder for failure to comply with the provisions of this chapter and shall refuse a permit if in his judgment such animals or fowl should not be kept upon the premises described in the application for permit. If any such permit be refused, the fee paid with the application shall be retained by the City to pay its expenses in the investigation and consideration thereof. 6-3-8: PENS; YARDS: All structures, pens, coops, or yards wherein animals or fowl are kept or permitted to be shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin, and free from objectionable odors. The interior walls, ceilings, floors, partitions, appurtenances of all such structures shall be whitewashed or painted as the Animal Control Officer shall direct. The Animal Control Officer, upon the complaint of any individual, shall inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions hereof. 6-3-9: ANIMALS, FOWL AT LARGE: No person shall permit any horses, mules, donkeys, ponies, cattle, sheep, goats, swine, rabbits, chickens, geese, ducks, or turkeys of which he is the owner, caretaker, or custodian to be at large within the city. Any such creature shall be deemed to be at large when it shall be off the premises owned or rented by its owner and unaccompanied by the owner or an agent or employee of the owner. 6-3-10: MANURE: No manure shall be dumped or left on any street, alley, sidewalk, or on any open area or lot in any inhabited portion of the city. Manure shall not be used to grade in whole or in part any sidewalk, street, open area, or lot in said section unless said manure is completely covered with at least four inches (4") of dirt. (4170, 3/13/89; #557, 4/09/12) MONTICELLO CITY CODE TITLE 6 / Chapter 3 / Page 3 62 Michelle Barness From: Alan R. Brixius [abrixius@nacplanning.com] Sent: Monday, June 25, 2012 10:07 AM To: Michelle Barness Subject: Fw: Contact Information ----- Original Message FChaaxbahlheimer(a_ampf corn: rom . To: Alan Brixius Sent: Thursday, June 21, 2012 11:00 AM Subject: Re: Contact Information Unfortunately, I cannot. Due to the number of calls that I receive, I have to purge the voicemails regularly. However, I called and talked with her twice during the week of May 14-18 specifically requesting a ruling on my ability to have a chicken. She called me back on 5-21-2012 (3:53:57) and left a message indicating that I could. Due to technological limitations, I don't have anyway to further evidence this other than to say that I would not have invested any money into the construction of the coop had it been denied. I understand that you are not really cool with the idea of chickens, but am thankful of your open communication. I hope all is well, Chad Dahlheimer, MBA I Business Analyst II - Lending I Ameriprise Bank Ameriprise Financial 1 837 Ameriprise Financial Center I Minneapolis, MN 55474 1 Routing H21/837 Office: 612.671.3102 1 Fax: 612.671.7909 1 ameriprise.com We shape financial solutions fora lifetime® "Alan R. Brlxlus" <abrixiusAnacalannina.com> 06/21/2012 10:36 AM Chad: To <Chad.X.Dahtheimer(a)ampf.com> cc Subject Re: Contact Information Is it possible for you to send me a copy of the voice mail that you received from Sue Schwab regarding your chicken coop. I am gathering information on urban chickens to for the city to consider at their next meeting. I will send you a copy of what I give the council. Alan Brixius. ----- Original Message ----- From: Chad.X.Dahlheimer(ZDamp£com To: Alan Brixius Sent: Wednesday, June 20, 2012 1:01 PM 63 Subject: Contact Information Hi Alan: I should have sent you this sooner, but I wanted to shoot you my contact information. You can reach me via this email or Chad dahlheimer0hotmail.com. Thank you for your help on Monday. It was greatly appreciated. Question, worse case scenario, are rabbits acceptable? Chad Dahlheimer, MBA I Business Analyst II - Lending I Ameriprise Bank Ameriprise Financial 1 837 Ameriprise Financial Center I Minneapolis, MN 55474 1 Routing H21/837 Office: 612.671.3102 1 Fax: 612.671.7909 ( a=riprise.com We shape financial solutions for a lifefime® ********************************************************************** "This message and any attachments are solely for the intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you." "This message and any attachments are solely for the intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you." M L � U-,YI Me To: Albertville City Council From: Mike Couri Date: June 25, 2012 Re: Attorney Report Below is an update of the projects our office has been working on for the City. • Fraser Steel TIF. Tina, myself and Tammy from Springstead have met with Baxter Stevenson of Fraser Steel to put together the TIF financing package for Fraser Steel. We are scheduled to meet again on June 28th after Baxter pulls together more information. • Interim City Administrator Contract. Bob Thistle was expected to sign the contract on the day this memo was prepared. • Revolving Loan Fund. I have prepared a modification of the City's revolving loan fund policy to allow funds to be loaned to businesses to help finance fire sprinkling systems in building additions. This revision is on the agenda for the Council's consideration. We expect the 152 Club to request approximately $12,000 in revolving loan funds for the sprinkler system in its addition and also expect Fraser Steel to request a large amount of loan funds for its expansion project. • Miscellaneous Ordinance Enforcement Issues. Adam Nafstad, Paul Heins (our building inspector) and myself met to review the options for the Stangler building. Given the current building code requirements, we have been unable to find a way that the Mattress Store can remain in the building without installing a sprinkling Page 1 of 2 65 system. We are trying to set up a meeting with the building owner and the owner of the Mattress Store to discuss this issue. • Tax Forfeit Properties. A letter has been sent to the County auditor requesting that the six (6) tax forfeited properties identified in the recent City Council resolution be deeded to the City. • Dominium Project. I was able to confirm with Ron Mehl of Dominium that Dominium would only proceed with the Karston Cove 3rd Addition workforce housing if they received federal tax credits. That program is a competitive program in which recipients will not be determined until this October. If Dominium is awarded tax credits, Federal law would not allow Dominium to prohibit Section 8 housing in its development. Page 2 of 2 lbcrtvill£ Mayor and Council Communication June 18, 2012 SUBJECT: LEGAL — MODIFICATION OF REVOLVING LOAN FUND POLICY. RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION: To adopt REVOLVING LOAN FUND POLICY AS AMENDED JULY 2, 2012. BACKGROUND: The City's revolving loan fund was established in 1990 with the proceeds of a DTED grant/loan to the City of Albertville for purposes of providing economic development funding to Fraser Steel when it first located in Albertville in 1990. As Fraser Steel repaid its loan from the City and the State, a portion of these payments went into the revolving loan fund to be lent out to other businesses. To date, no one has applied for a loan from this fund. The fund currently has around $182,939 available for lending. There has been a lack of interest in the fund over the years, but there is also a pressing need to update several older buildings in the City with sprinkler systems. Outfitting these buildings with sprinkler systems will allow businesses to locate in the City or existing businesses to expand. It is City Staff s recommendation that modifying the City's revolving loan fund policy to allow loans for sprinkler systems would encourage the updating of the existing commercial building stock and increase the number and variety of businesses that could locate in Albertville. It should be noted that at our last meeting with Baxter Stevenson of Fraser Steel, Baxter expressed interest in using the City's revolving loan fund for its planned building expansion. The 152 Club has also expressed interest in using some of this same revolving loan fund to finance the installation of sprinklers in its new building addition. KEY ISSUES: The revolving loan fund currently exists and is dedicated for the purpose of making loans to businesses. • A change in the City's existing revolving loan policy is necessary to allow loans to be made for the purpose of installing fire suppression sprinklers. • Staff is recommending sprinkler loans be repaid within 10 years (other loans may extend to 20 years). M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Revolving Loan Fund RCA 7-2-12.doc Mayor and Council Communication — July 2, 2012 Modification of Revolving Loan Fund Policy Page 2 of 2 POLICY CONSIDERATIONS: Several building owners have indicated that it is extremely difficult to find the money to invest in sprinklers, which make the building safer for its occupants and our firefighters, and expand the types of business tenants that can locate in the building, but do not necessarily increase an owner's return on investment. FINANCIAL CONSIDERATIONS: The revolving loan fund is a dedicated fund that cannot be used for any purpose other than making loans for economic development purposes. It is not supported by City tax dollars. The proposed change will not have an impact on the City's general fund or on the City's tax levy. LEGAL CONSIDERATIONS: The City has the authority to set the terms of its revolving loan fund. Respectfully submitted, Mike Couri City Attorney Department/Responsible Person: City Administrator. Attachments: Revolving Loan Fund Policy As Amended July 2, 2012 M:\Public Data\Requests for Council Actions (RCA)\2012\07 02 2012 Revolving Loan Fund RCA 7-2-12.doc CITY OF ALBERTVILLE REVOLVING LOAN FUND POLICY AS AMENDED JULY 2, 2012 The City of Albertville hereby establishes a Revolving Loan Fund (RLF), to be funded with the proceeds of the Minnesota Department of Trade and Economic Development loan to Fraser Steel Company and other funds as the City Council so designates in the future. PURPOSE AND GOALS The purpose of the RLF is to create new employment or to maintain existing employment and for business start-up, expansions, and retention. This may be accomplished by the following means: 1 .) Creation or retention of permanent private -sector jobs in order to create above average economic growth; 2.) Stimulation or leverage of private investment to ensure economic renewal and competitiveness; 3.) Increasing the local tax base; 4.) Improvement of employment and economic opportunity for citizens in the region to create a reasonable standard of living; and 5.) Stimulation of productivity growth through improved manufacturing or new technologies. ELIGIBLE EXPENDITURES RLFs may be used to provide assistance for infrastructure, loans, loan guarantees, interest buy -downs, and other forms of participation with private sources of financing. The RLF assistance can be for no more than one-half of the cost of the proj ect. MAPublic Data\City Council\Council Packet info rmation\2012\07 02 2012\Revolving Loan Fund updated 2012.doc ELIGIBLE PROJECTS The grant or loan must be based on the following criteria: 1.) Creation of new jobs or retention of existing jobs; 2.) Increase in the tax base; 3.) The project can demonstrate that investment of public dollars induces private funds; 4.) The project can demonstrate an excessive public infrastructure or improvement cost beyond the means of the affected community and private participants in the project; 5.) The project provides higher wage levels to the community or will add value to current workforce skills; 6.) Whether assistance is necessary to retain existing business; and 7.) Whether assistance is necessary to attract out-of-state business. The grant or loan cannot be made based solely on a finding that the conditions in clause 6.) or 7.) exist. A finding must be made that a condition in clause 1.), 2.), 3.), 4.), or 5.) also exists. ELIGIBLE ACTIVITIES RLFs may be used for the following activities: 1.) Acquisition of land; 2.) Construction or rehabilitation of manufacturing facilities; 3.) Site improvements; 4.) Utilities or infrastructure, including fire suppression sprinkler systems; 5.) Machinery and Equipment; 6.) Workforce development; 7.) Housing development. INELIGIBLE ACTIVITIES RLF assistance may not be used for the following: 1.) Operation or expansion of a casino; 2.) Operation or expansion of a store which is used solely or principally for retail sales; MAPublic Data\City Council\Council Packet information\2012\07 02 2012\Revolving Loan Fund updated 2012.doc 2 70 3.) For a project related to a sports facility. "Sports facility" means a building that has a professional sports team as a principal tenant. PREFERRED PROJECTS The City may give greater weight to manufacturing projects which create jobs within the City of Albertville over distribution and other proposed uses. All applicants must demonstrate a need for the RLF. TERMS OF LOANS It is the intent of the City that RLFs be low -interest loans with a five (5) to twenty (20) year term. The City Council shall have the discretion to set the interest rate and term of each loan on a project -by -project basis. The City may vary the timing of repayment and the interest rate from year to year for any particular loan. As a condition of approval of any loan, the City may require that said loan be personally guaranteed by one or more owners, principals, investors, shareholders, partners, or governors if the entity applying is operating under a form of business other than a sole proprietorship. Loans made for the sole purpose of financing the installation of fire suppression systems shall not exceed ten (10) years in length. LOAN APPROVAL The City Council shall have complete discretion in approving or denying a RLF request, or may modify a RLF request as the City Council deems appropriate. The City Council shall have the authority to modify the terms of existing RLFs with the agreement of the borrower. All loan approvals and modifications shall be passed by City Council Resolution. REINVESTMENT OF INTEREST All interest generated by RLFs shall be reinvested in the City's Revolving Loan Fund for future use. APPLICATION REQUIREMENTS All applicants shall request RLF money via a letter to the City or via a completed RLF application if the City has made such applications available. The City may MAPublic Data\City Council\Council Packet information\2012\07 02 2012\Revolving Loan Fund updated 2012.doc 3 71 require the applicant to supplement its request with business plans, projected employment hiring schedules, financial statements for the past three (3) years, financial projections for the next five (5) years, bank references, bank letters of commitment, applicant letter of commitment specifying the amount of investment in and jobs to be created by the project, feasibility studies, sources and uses of funds, and credit reports of the applicant and/or the applicant's principals. The City Council may refer the application to the City's Economic Development Authority for review and recommendation prior to final decision by the City Council. OTHER ELIGIBLE USES OF THE FUNDS The City may enter into a Joint Powers Agreement with any Minnesota Investment Fund eligible applicant (home rule charter or statutory city, county, township, or recognized Indian tribe) for the establishment of a regional revolving loan fund. The RLF would be administered by a designated entity named by the Joint Powers Board. The City has the authority to grant RLF funds to a regional development commission to provide the local match required for capitalization of a regional revolving loan fund. The City does not have the authority to turn over to another entity, such as Port Authority, Economic Development Authority, Housing Authority, etc. revolving loan funds for any purpose. PUBLIC ASSISTANCE TO BUSINESS: WAGE AND JOB REQUIREMENTS For all projects, where the assistance exceeds $25,000 from the RLF, the city must establish wage level and job creation goals which are to be met by the business receiving the assistance. At a minimum, the business must create a net increase in jobs in Minnesota within two years after receiving the assistance. If the business fails to meet the wage and job goals, it must repay the assistance. Businesses receiving RLF assistance in excess of $25,000 must pay each employee total compensation, including benefits not mandated by law, that on an annualized basis is equal to at least 110 % of the federal poverty level for a family of four, which as of January 1, 201 lwas $11.82 per hour. The federal poverty level changes annually. MAPublic Data\City Council\Council Packet information\2012\07 02 2012\Revolving Loan Fund updated 2012.doc 4 72 SECURED POSITION OF THE CITY Any party receiving an RLF shall provide the City with one or more security agreements (UCC and/or mortgage filings) as required by the City. Said security agreements may be subordinate to any institutional lenders (banks, DTED, CMIF, etc.), but shall be superior to any security interests running in favor of any of the owners or investors of the entity receiving the RLF. The borrower receiving any RLF shall provide the City with a promissory note in the amount of the loan prior to the disbursement of any RLF funds. Said promissory note shall be in a form acceptable to the City Attorney. The City may also require that as a condition of the loan, the borrower enter into a loan agreement with the City governing such matters as the disbursement, uses and repayment of RLF funds, and such other matters as the City deems appropriate. The City may also require that the RLF recipient agree to have the principal and interest of the loan special assessed to the property taxes of the recipient business over the term of the loan. DISBURSEMENT PROCEDURES Unless otherwise directed by resolution of the City Council, all RLF funds shall be distributed according to the procedures detailed in this paragraph. Upon approval and execution of the loan agreement and upon filing of all fully executed security interests (UCC filings, mortgages, etc.), the borrower can request a draw down of funds by providing documentation of approved project expenditures. RLFs shall be drawn down in proportion to the private funds expended in accordance with the overall ratio of private funds to Economic Development Funds. The City Administrator shall review the draw down request to determine the eligibility of costs in accordance with projected expenditures. Unless waived by the City Council, the draw down request and documentation shall be submitted to the City Council with recommendations for draw down amounts. Once a draw down request is approved by the City Council, the City Administrator shall draw down funds authorized by the City Council according to the loan agreement, subject to the availability of funds in the Economic Development Fund. FIRST SOURCE AGREEMENTS A business that receives grants or loans in an amount greater than $200,000 must agree to List any vacant or new positions with the job services of the Department of Economic Security. MAPublic Data\City Council\Council Packet information\2012\07 02 2012\Revolving Loan Fund updated 2012.doc 5 73 DEPOSITS REQUIRED FOR CONSTRUCTION CONTRACTS In the situation that the contract exceeds $100,000 and a non -Minnesota construction contractor has been hired to perform the work, the City must do one of the following: 1.) Deposit with the Department of Revenue, 8 percent of every payment made to the contractor; or 2.) Have in its possession a Waiver of Withholding from the Department of Revenue. FINANCIAL ASSISTANCE LIMITATIONS; PREVAILING WAGE Laborers and mechanics at the project site during construction, installation remodeling, and repairs must be paid the state prevailing wage if the financial assistance is greater than $200,000 for a grant or $500,000 for a loan. All contracts for publicly owned infrastructure using the RLF must comply with the prevailing wage provisions. MUNICIPAL RIGHTS, POWERS AND DUTIES An officer of the City may not have a personal financial interest or personally benefit financially from the business to be assisted. GOVERNMENT DATA PRACTICES Information contained in the application for assistance will become a matter of public record with the exception of those items protected under the Minnesota Government Data Practices Act. MAPublic Data\City Council\Council Packet information\2012\07 02 2012\Revolving Loan Fund updated 2012.doc 6 74