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2012-10-01 CC Packet>__11 Nbertville City of Albertville Council Agenda Monday, October 1, 2012 City Council Chambers 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a "Request to Speak Card". Presentations are limited to five (5) minutes. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE — ROLL CALL 3. - RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. STMA Soccer Club Donation and Update of Activities 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 September 17, 2012 regular City Council meeting minutes as presented (pgs 3-12) B. Authorize the Monday, October 1, 2012 payment of claims that includes electronic payments 1410 EFT —1419 EFT and check numbers 31354 to 31381 as presented (pgs 13-17) C. Approve minor amendments to the Building Services Contract with City of St. Michael (pgs 18-24) D. Approve payment to Eureka Construction, Inc. for I-94 project in the amount of $1,248,743.95 E. Authorize the Mayor and Clerk to amend MnDOT Cooperative Construction Agreement No. 99563 to allow for additional project funding from the State (pgs 25- 31) 7. PUBLIC HEARINGS 8. DEPARTMENT BUSINESS A. City Council B. Finance M:\Public Data\City Council\Council Agendas\2012 Agendas\l0 01 12 Agenda.doc Meeting Date: October 1, 2012 Agenda Page 1 City of Albertville Council Agenda Monday, October 1, 2012 Page 2 of 3 1). Otsego Fire Department Contract (Motion to Approve the Five Year Fire Service Contract with the City of Otsego) C. City Clerk 1). Set Special Meeting (Motion to set Special Meeting for October 15, 2012 immediately following the regular City Council meeting to discuss Central Park Concept) D. Public Works Director/City Engineer 1). Outlet Mall Assessment Agreement (pgs 37-44) (Motion to approve Agreement for Waiver of Objection to Special Assessment Associated with Interstate 94/CSAH 19 Improvements) E. Planning/Zoning 1). Presentation on Visioning Study (Presentation) (Motion to Adopt Resolution 2012-040 approving an amendment to the Albertville Comprehensive Plan adoption the 2012 Visioning Study as an addendum to said plan, and adopting the proposed land use plan dated January 18, 2012 into said plan) (pg 45) F. Legal G. Administration 9. ANNOUNCEMENTS and/or UPCOMING MEETINGS October 8 Ice Arena Board Meeting, 6:00 p.m. October 9 Planning and Zoning Commission Meeting, 7:00 p.m. October 15 City Council Meeting, 7:00 p.m. October 29 Joint Albertville - St. Michael City Council Meeting, 6:00 p.m. Legislative Forum with School District, 7:00 p.m. November 6 Election Day, Polls Open 7 a.m. to 8:00 p.m. November 7 City Council Meeting (WED.), 7:00 p.m. November 12 Veteran's Day, City Offices Closed November 13 Ice Arena Board Meeting, 6:00 p.m. City Council Special Meeting to Canvas Election Results, 6:30 p.m. Planning and Zoning Commission Meeting, 7:00 p.m. M:\Public Data\City Council\Council Agendas\2012 Agendas\10 01 12 Agenda.doc Meeting Date: October 1, 2012 Agenda Page 2 City of Albertville Council Agenda Monday, October 1, 2012 Page 3 of 3 10. RECESS INTO CLOSED MEETING TO DISCUSS EMPLOYEE EVALUATION 11. RECONVENE INTO REGULAR MEETING 12. ACTION ON PROBATIONARY EMPLOYEE STATUS 13. ADJOURN MEETING M\Public Data\City Council\Council Agendas\2012 Agendas\10 01 12 Agenda.doc Meeting Date: October 1, 2012 Agenda Page 3 1 bertvi 11 £ ALBERTVILLE CITY COUNCIL Monday, September 17, 2012 DRAFT MINUTES ALBERTVILLE CITY HALL 7:04 PM 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE Deputy Mayor Vetsch called the regular City Council meeting to order at 7:04 p.m. 2. ROLL CALL Present: Council members Jillian Hendrickson, Larry Sorensen, John Vetsch and Dan Wagner. Mayor Meehan arrived at 7:07 p.m. Absent: None Others Present: Interim City Administrator Robert Thistle, Finance Director Tina Lannes, City Engineer/Public Works Director Adam Nafstad, City Clerk Kimberly Olson, City Planner Alan Brixius, City Attorney Michael Couri, Laurie Daniels, Peter Wagener, Rob Olson, John Darkenwald, Debbie Buhrz, Amber Buckingham, and Samara Postuma. 3. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS A. Women of Today Proclamation Vetsch presented the proclamation to the Women of Today. B. Certificate of Appreciation for Amber Buckingham Meehan presented the certificate to Ms. Buckingham. Sorensen thanked Buckingham for spreading the awareness and benefits of CPR training. 4. CITIZENS OPEN FORUM There was no one present. 5. APPROVAL OF THE AGENDA Agenda Page 4 City of Albertville City Council Minutes September 17, 2012 Page 2 of 9 Motioned by Sorensen, seconded by Hendrickson, to approve the agenda. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be rout ley City Staff and will be enacted by one motion. In the event an item is pulled, it wi iscussed in the order it is listed on the Consent Agenda following the approval of the re Consent items. These items will be approved by a separate motion. wk A. Approve the August 28, 2012 special ouncil meettri utes as presented B. Approve the September 4, 2012 reg � ity Council meetin ��s utes as presented C. Authorize the Monday, September 1'i` ,2 payment of claims 'nclude electronic payments 1371 EFT - 1382 EFT and umb 299 to313 resented D. Approve One Day 3.2% liquor Licen r XT,F A lbert's Cathoh � � urch for their parish festival on October ", � and allow *�Fe of Lander Ave between the hours of 6:00 a.m. to 6:00 p.m. a E. Approve the Memorandum o� J rsf �g betwe6Vright County and the City of Albertville to pyr,, Sand/Sad �r the A; 13 Sri nd Ice Removal Season F. Accept the a Board etin?f September 10, 2012 Motion by Vetsch, secot r iy S 1). Wagener Storage to ac the consent agenda. Ayes: Meehan, her, NaYone. Absent: None. MOTION Brixius reported Council had asked staff to come back with options for recreational vehicle storage on the Wagener property. He reported the options are to change the City Code, allow a variance, rear yard storage, or have offsite storage. Agenda Page 5 City of Albertville City Council Minutes September 17, 2012 Page 3 of 9 Brixius reported a City Code change would define new standards for all residential lots within Albertville. The current City Code does not have stipulations on size or screening of recreational vehicles, a property owner may have up to two and they may be located on the side or rear yard. A variance requires harmony with the general purposes and intent of the City Code. A variance can be issued when there are practical difficulties unique to the property. It would be site specific. Sorensen asked if permission from the neighbors is always needed with a variance. Brixius replied it is not. The Council felt the rear yard storage was not favorable and Brixius stated that Council may want to address that in future Staff is looking for direction from Coun Brixius stated staff will try to afford as much protection for the City o s. ce will costus replied there is a fee Sorensen inquired how much a OK of $300 with a $650 escrow ch inquired if they c ' reduce the amount. Brixius stated the Council has i� might to do so and the will be eaten by the City. Wagner felt that staff has a1y sped urs on this e felt the owner should pay for it he wapts to pursue - Peter Wagener stated de r it, er lots areiiiij similar position. He felt the variance would be okay,ut rt may. He §tWW most residents are just treadinwa�r:or under r with av the Will etomv is. k if they co Urr additi storage on the property. it Id be writ6hiinto the conditions of the variance. ed neede m t staff needs direction to move forward. .0 that ` „ fiance w quire publishing notice in the paper and Hendrickson ed tha is not in favor of changing the ordinance as it is s t6:1eady liberal „agner agreed and said he would consider a.variance. ver, he fe at if a resident has the wherewithal to purchase such a veh�= ,hey have the wherewithal to store the vehicle. Sorensen agreed with b would like to see the costs held to a minimum and the Council " emember they work for the residents. Brixius stated that they would only charge for the time it takes them to work on the variance process. Wagner stated that staff has already put in a lot of time. Meehan asked if they need to set the cost of the variance now. Couri explained the options they had for collecting the money. Brixius stated when they determined the variance fees they were pretty accurate for the amount of consultant time generally spent. Meehan asked if the fee was discounted now, if it would have to be discounted in future requests. Couri replied that it would not Agenda Page 6 City of Albertville City Council Minutes September 17, 2012 Page 4 of 9 apply to future requests and Council may set the fees as they see fit or case by case. Meehan felt they should move forward with the variance. Nafstad clarified what the fee and escrow costs cover and recommended collecting the entire fee upfront and determining any reimbursements later. Council directed staff to move forward with the variance process. 2). 152 Club Outdoor Music Events Brixius reported the 152 Club is requ September 29 from 3:00 to 8:00 p.m. 7:00 p.m. and 8:00 p.m. to midmg ;,: conditions the applicant must Brixius stated that if there are c authority to ask them to reduce complied with all o111r, require Motioned by Sorens, 2012-038 approving U B. City Council Vetsch reWi ftj the for outdoor music on and October 13 from 3:00 to Brixius outlined the the Sheriff's O" k. .will have the kus stated th ev have by Herr on, to adopt Resolution No. ' r w vents a I -,;Club for the dates of 3,24 �-0yes M °'a ,Hendrickson, Sorensen, Tone,,, � A"None: OTIONDECLARED tower will not have a logo on it. if it will be revisited. Wagner replied it would be looked at i need of paint again. 2). Person as ittee Report — City Administrator/City Engineer/Public Works r Position Couri highlighted the details of the contract: • Adam will serve at the pleasure of the City Council, meaning he can be dismissed by the City Council for any legal reason. The disciplinary and termination provisions of the City's personnel policy do not apply to this position. Agenda Page 7 City of Albertville Page 5 of 9 City Council Minutes September 17, 2012 • Compensation is proposed to be $103,784.00; Adam will serve as a salaried employee. • Adam will have the same health and life insurance coverage as other City employees. • Adam will have the option of receiving mileage reimbursement in the amount of $100 every two weeks or at the IRS reimbursement rate. Adam will have to choose one or the other method. • Adam will have use of a City cell phone. • Adam will accrue vacation and sick leave City's personnel policy, beginning witNA • The City will cover Adam's profess in a number of organizations • If the City fires Adam, it willmon1 the rate contained in the days of vacation per year. ielonment costs emu, allowed by law) if the City Adam no n reduced by the amount of, ce Adam is given For example, if Adam i would receive only two • If the City splithe Com not pay severan ,iA ! Ier Engineer salary, stef • B 4,Atle will rerti4m the will ass! d 1 ion. greeme M 't is signs with Add pow on j n 1, 2013 four months notice ice (the maximum Severance will be Dar to his termination. to termination, he inistrator posits ack into City Works Director, the City would ion to Adam at his current City ity A istrator through December I . C� mn` . to the City Administrator inding on both parties on the the combined City Administrator quire ut the` -iv% increases. Couri replied that Nafstad would g me ost of live bf all employees unless Council makes a motion oth e C explained they may not pay a bonus but can provide ompensation� cents e met. Thistle stated there are no steps in the Cour rted gal reviews are written in the contract. There was discussion from th Committee on the timing and tools used for reviews and they may want t more frequently. Meehan inquired about termination for refusal to carry out directives. Couri said the contract is written that it requires to two violations before termination. Thistle stated that directives should be in motion form. Sorensen clarified it must be the direction of the whole Council, not just one person. Couri reviewed the professional development area of the contract noting the organizations that Nafstad would be involved with and that he may attend one national conference per year. Thistle stated the expectation would be that he Agenda Page 8 City of Albertville City Council Minutes September 17, 2012 Page 6 of 9 would rotate the type of conference each year i.e. one year attend the engineer's conference and the next the administrator's conference. Thistle reported he had reviewed compensation for several cities as well as City of St. Michael and this is slightly below that. Hendrickson stated that it would be a ten percent raise above his current pay with cost of living adjustments. Thistle reported on the work he and Springsted LLC did for the job description. Motion by Yetsch, seconded by Hendrix Administrator/City Engineer/public Wi Nafstad. Ayes: Meehan, Hendrickson, Wagner. Absent: None. MOTIOND Motion by Yetsch, seconded by Dickson, to ap Administrator/City Engineer lc Works Director Wagner felt the job description wa§r Nafstad was comfort with the con with the language in act. He agi and he feels the resources an noff the C Ayes: None with the . Meehan, C. Legal 1). Dar rove the City Agreement with Adam Nays: Sorensen and the City person ehan asked if replied he i4mfortable is a significant amount of work J help him do the job. YetNays: Wagner. Absent: Yetsch, to approve the City 7orks Director salary range between it was veKmi)ortant to her that Nafstad was comfortable Sorensen and Yetsch. Nays: Wagner. Absent: CARRIED. Confidentiality Agreement Couri reported Darkenwald Holdings, Ltd has a develop plan for property north of I-94 and requests the City enter into a confidentiality agreement to help protect proprietary materials. He stated when the project gets to the point where City approval is needed, information provided to the City would be public. Agenda Page 9 City of Albertville City Council Minutes September 17, 2012 Page 7 of 9 Vetsch had concerns about approving something without seeing the whole of the project. Couri stated that they do not know what the Darkenwalds will be submitting. Couri replied the agreement does not force the Council to approve anything and the Council may deny any phase they choose. Couri discussed how the City works with the information and what information can be released. Motion by Hendrickson, seconded by keep selected business information cc Ltd. Ayes: Meehan, Hendrickson, St None. Absent: None. MOTION D. City Engineer/Public Works 1). Building Inspection Contract to approve the agreement to with Darken wald Holdings, Vsch and Wagner. Nays: Nafstad stated the co: putlines the s ;' yes the City of St. Michael will perform for the City. er or these sees are determined by a formula based on population andh� peiK° ue. Costs the 2013 have been included in the pr budget. fk tated t*Ove bee Q eiving a high quality of servicq �chael ant is a e residents that they will have full timo, rage fiv ays a we i Meehan i `" ed when the��y can get out the contract if they choose to Nafs _ aver 605can terminate the contract with notice. Sorenserfed iC`lichael add personnel would the cost be automatically passed do AlbeLT Nafstad stated that if the happened, the contract would have tt re ne � ed. stated t lbertville has a few ordinances that St. Michael does not that are Nafstad sty e contract also allows for payment of services utilized in 2012. Nafstad stated the formula for reimbursement will be reviewed every year. Motion by Sorensen, seconded by Hendrickson, to approve the cooperative agreement for building services with City of St. Michael. Ayes: Meehan, Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Agenda Page 10 City of Albertville Page 8 of 9 City Council Minutes September 17, 2012 2). Set Public Hearing Date for I-94 Assessments Nafstad reported the assessment has not changed. He stated the assessments are based on the appraiser's findings. Couri stated that for assessments appraisers don't look at the current use of the property but the highest and best of use of the land. He stated that they must use the appraiser's analysis if it anything goes to court. Meehan asked if the assessments must be the assessments stay with the property; he usually require the assessments to be pa Motion by Sorensen, seconded by,,* drickson, 1 calling for a hearing on propo = essment W. Meehan, Hendrickson, Soreetsch and Wi None. MOTION DECLARED NI RRIED. 3). I-94 Update Nafstad stated the prd�� well. �. November even though deQ mr is E. Finance - N F. City Clere n stated x, orensli pHO �It it 9. ANNOUN September 24 October 1 October 8 October 9 October 15 October 22 October 29 10. ADJOURNMENT land sells. Couri stated that incial institutions will Resolution 2012-039 I-94 C-D Road. Ayes: vs: None. Absent: tic about the finish date in ional time due to rain. Olson been working hard on the website and UPCOMING MEETINGS PTLoncil PowersWater Board Meeting, 6:30 p.m. uMeeting, 7:00 p.m. Ice Arena Board Meeting, 6:00 p.m. Planning and Zoning Commission Meeting, 7:00 p.m. City Council Meeting, 7:00 p.m. Joint Powers Board Meeting, 6:00 p.m. Legislative Forum — School Fiscal Disparities, TBD Agenda Page 11 City of Albertville City Council Minutes September 17, 2012 Page 9 of 9 Motion by Hendrickson, seconded by Sorensen, to adjourn the meeting at 9:05 p.m. Ayes: Meehan, Hendrickson, Sorensen, Yetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, Kimbe Agenda Page 12 Ib£r"'tville Mayor and Council Request for Action sir r u.r,W ny aeV ur.. September 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, October 1, 2012 payment of the claims that includes check numbers 141.0 EFT —1419 EFT and checks numbered 31354 to 31381 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. 31373 City of Otsego — Albertville portion of MacIver Ave seal coat — preapproved by council when project was approved. 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 Reviewed by: RDT Attachments: Check Register Detail M:\Public Data\Requests for Council Actions (RCA)\2012\10 012012 Finance Bills Report (RCA).doc Meeting Date: October 1, 2012 13 Mayor and Council Request for Action — October 1, 2012 Finance — Payment of Claims i Check Detail Register October 2012 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 001410E 10/1/2012 FYCC E 101-45000-598 Pledges & Contributions $1,587.42 1062 Albt July 2012 portion Total FYCC $1,587.42 Page 2 of 5 Paid Chk# 001411E 10/1/2012 GRAINGER E 601-49450-210 Operating Supplies (GENERAL) $139.02 9928811588 UD swr fuse, midget, time delay, ktk Total GRAINGER $139.02 Paid Chk# 001412E 10/1/2012 MVTL LABORATORIES, INC E 601-49450-218 Testing Expenses $113.40 621804 UD swr 09-07-12 wkly chemical testing E 601-49450-218 Testing Expenses $198.40 622449 UD swr 09-12-12 wkly chemical testing E 601-49450-218 Testing Expenses $327.40 623331 UD swr 09-19-12 wkly chemical testing E 601-49450-218 Testing Expenses $113.40 623581 UD swr 09-20-12 wkly chemical testing Total MVTL LABORATORIES, INC $752.60 Paid Chk# 001413E 10/1/2012 PRINCIPAL LIFE INSURANCE CO E 810-00000-130 Employer Paid Ins (GENERAL) $129.56 1008662- ARENA Oct 2012 empl health ins E 601-49450-130 Employer Paid Ins (GENERAL) $222.97 1008662- UD swr Oct 2012 empl health ins E 602-49400-130 Employer Paid Ins (GENERAL) $226.44 1008662- UD wtr Oct 2012 empl health ins E 101-41300-131 Employer Paid Health $85.15 1008662- Adm Oct 2012 empl health ins E 101-41400-131 Employer Paid Health $63.89 1008662- CClerk Oct 2012 empl health ins E 101-41500-131 Employer Paid Health $272.17 1008662- FinDir/AdmAsst Oct 2012 empl health E 101-41750-130 Employer Paid Ins (GENERAL) $147.52 1008662- PW/CEng Oct 2012 empl health ins E 101-43100-130 Employer Paid Ins (GENERAL) $196.18 1008662- PW Oct 2012 empl health ins E 101-45100-130 Employer Paid Ins (GENERAL) $197.53 1008662- PD Oct 2012 empl health ins E 101-42400-130 Employer Paid Ins (GENERAL) $126.97 1008662- BldTec Oct 2012 empl health ins Total PRINCIPAL LIFE INSURANCE CO $1,668.38 Paid Chk# 001414E 10/1/2012 RAPIT PRINTING E 101-42000-111 Other (Fire Admin) $1,084.28 117375 FD fire safety coloring books Total RAPIT PRINTING $1,084.28 Paid Chk# 001415E 10/1/2012 ST. MICHAEL, CITY OF E 101-45000-598 Pledges & Contributions $5,199.56 2012 3rd Qtr Sr Center Operations E 101-45000-598 Pledges & Contributions $5,199.56 2012 2nd Qtr Sr Center Operations E 101-45000-598 Pledges & Contributions $5,199.56 2012 1st Qtr Sr Center Operations E 101-45000-598 Pledges & Contributions $3,537.96 2011 actual operations final pmt for year Sr Center Operations E 468-49000-303 Engineering Fees $11,505.00 E 101-45000-598 Pledges & Contributions $2,126.25 E 101-45000-598 Pledges & Contributions ($358.16) E 101-45000-598 Pledges & Contributions ($358.16) Total ST. MICHAEL, CITY OF $32,051.57 1-94 WBCD Proj Aug 2012 Sr Engineer 2012-3rd Qtr Library Payment 2012-1st Qtr CREDIT MEMO 2012-2nd Qtr CREDIT MEMO Paid Chk# 001416E 10/1/2012 S & T OFFICE PRODUCTS E 101-42000-200 Office Supplies (GENERAL) $24.42 01 PJ5679 FD case of copier paper E 601-49450-210 Operating Supplies (GENERAL) $21.36 01 PJ5679 UD swr 2013 wall calendar01 PJ5679 E 601-49450-210 Operating Supplies (GENERAL) $21.36 01 PJ6175 UD swr 2013 wall paper calendar E 101-41910-200 Office Supplies (GENERAL) $117.08 01 PJ6987 AdminAssts desk floor protective matt E 101-41400-200 Office Supplies (GENERAL) $117.08 01 PJ6987 CityClerk desk floor protective matt E 101-41500-200 Office Supplies (GENERAL) $117.08 01 PJ6987 FinDep desk floor protective matt E 101-42400-200 Office Supplies (GENERAL) $117.08 01 PJ6987 BldDep desk floor protective matt M:\Public Data\Requests for Council Actions (RCA)\2012\10 012012 Finance Bills Report (RCA).doc Meeting Date: October 1, 2012 14 Mayor and Council Request for Action - October 1, 2012 Finance - Payment of Claims Page 3 of 5 Check Amt Invoice Comment E 101-41500-200 Office Supplies (GENERAL) $302.46 01 PJ6987 FinDep mobil computer station E 101-41750-200 Office Supplies (GENERAL) $117.08 01 PJ6987 PW/CityEng desk floor protective matt E 101-41300-200 Office Supplies (GENERAL) $117.09 01 PJ6987 Admin desk floor protective matt E 601-49450-210 Operating Supplies (GENERAL) ($25.39) CM01 PJ4750 UD swr CREDIT wrong size calendar E 601-49450-210 Operating Supplies (GENERAL) ($21.36) CM01 PJ6251 UD swr CREDIT paper wall calendar E 101-41910-200 Office Supplies (GENERAL) ($3.56) CM01 PJ6896 CH CREDIT assorted labels Total S & T OFFICE PRODUCTS $1,021.78 Paid Chk# 001417E 10/1/2012 WRIGHT COUNTY AUD/TREASURER R 101-00000-34950 Other Revenues $1,874.68 8600104443- May 2012-Trial Court -Wright R 101-00000-34950 Other Revenues $396.77 8600113396- Jun 2012-Trial Court -Wright R 101-00000-34950 Other Revenues $935.24 8600128788- Jul 2012-Trial Court -Wright Total WRIGHT COUNTY AUD/TREASURER $3,206.69 Paid Chk# 001418E 10/1/2012 BRAUN INTERTEC CORP E 468-49000-300 Professional Srvs (GENERAL) $25,771.65 357664 1-94 WBCD Proj CMT concrete & obsery Total BRAUN INTERTEC CORP $25,771.65 Paid Chk# 001419E 10/1/2012 SHRED RIGHT -A ROHN INDUSTRIES E 101-41400-300 Professional Srvs (GENERAL) $30.00 131440 Aug 2012 document destruction sery Total SHRED RIGHT -A ROHN INDUSTRIES $30.00 Paid Chk# 031354 10/1/2012 ARAMARK UNIFORM SERVICES E 101-43100-417 Uniform Rentals $11.37 629-7577785 PW 9-11-12 weekly uniform rental E 101-45100-417 Uniform Rentals $11.35 629-7577785 PD 9-11-12 weekly uniform rental E 601-49450-417 Uniform Rentals $11.36 629-7577785 UD swr 9-11-12 weekly uniform rental E 602-49400-417 Uniform Rentals $11.35 629-7577785 UB wtr 9-11-12 weekly uniform rental E 601-49450-417 Uniform Rentals $11.79 629-7582451 UD swr 9-18-12 weekly uniform rental E 101-45100-417 Uniform Rentals $11.80 629-7582451 PD 9-18-12 weekly uniform rental E 602-49400-417 Uniform Rentals $11.80 629-7582451 UD wtr 9-18-12 weekly uniform rental E 101-43100-417 Uniform Rentals $11.79 629-7582451 PW 9-18-12 weekly uniform rental E 101-41940-405 Repair/Maint - Buildings $51.81 629-7582452 CH mop heads, towels, rugs E 101-42000-405 Repair/Maint Buildings $12.83 629-7582453 FD mop heads, rugs E 601-49450-417 Uniform Rentals $14.48 629-7587222 UD swr 9-25-12 weekly uniform rental E 602-49400-417 Uniform Rentals $14.49 629-7587222 UD wtr 9-25-12 weekly uniform rental E 101-45100-417 Uniform Rentals $14.48 629-7587222 PD 9-25-12 weekly uniform rental E 101-43100-417 Uniform Rentals $14.49 629-7587222 PW 9-25-12 weekly uniform rental Total ARAMARK UNIFORM SERVICES $215.19 Paid Chk# 031355 10/1/2012 BERRY COFFEE COMPANY E 101-41400-200 Office Supplies (GENERAL) $56.95 1041787 CH Sept. 2012 coffee grounds Total BERRY COFFEE COMPANY $56.95 Paid Chk# 031356 10/1/2012 BROTHERS FIRE PROTECTION CO E 101-42000-405 Repair/Maint -Buildings $175.00 6866 FD Sept 2012 Annual Sprinkler E 101-43100-405 Repair/Maint - Buildings $175.00 6867 PW Sept 2012 Annual Sprinkler Total BROTHERS FIRE PROTECTION CO $350.00 Paid Chk# 031357 10/1/2012 BSN SPORTS E 101-45100-530 Capital - Improvements $1,600.54 94838438 PD MAC 4.5' gooseneck basketball Total BSN SPORTS $1,600.54 Paid Chk# 031358 10/1/2012 CARLSON BUILDING SERVICES, INC E 101-41940-405 Repair/Maint - Buildings $90.84 41714 CH Sept 2012 increase cleaning sery E 468-49000-300 Professional Srvs (GENERAL) $120.23 41714 1-94 WBCD Oct 2012 cleaning sery E 101-42000-405 Repair/Maint - Buildings $133.59 41714 FH Oct 2012 cleaning sery E 101-41940-405 Repair/Maint - Buildings $513.00 41714 CH Oct 2012 cleaning sery Total CARLSON BUILDING SERVICES, INC $857.66 Paid Chk# 031359 10/1/2012 CATHOLIC UNITED FINANCIAL G 101-22900 Rental Deposit Escrow $100.00 Sept162012 Sept 16 rental deposit refund Total CATHOLIC UNITED FINANCIAL $100.00 Paid Chk# 031360 10/1/2012 CHARTER COMMUNICATIONS E 468-49000-300 Professional Srvs (GENERAL) $127.88 0141164-10121-94 WBCD Proj Oct 2012 Total CHARTER COMMUNICATIONS $127.88 M:\Public Data\Requests for Council Actions (RCA)\2012\10 012012 Finance Bills Report (RCA).doc Meeting Date: October 1, 2012 15 Mayor and Council Request for Action — October 1, 2012 Finance — Payment of Claims Check Amt Invoice Comment `Page 4 of 5 Paid Chk# 031361 10/1/2012 DAVIS, JEFF E 101-42000-585 Capital -Air Packs $217.27 08262012JD FD replacement batteries for SCBA Total DAVIS, JEFF $217.27 Paid Chk# 031362 10/1/2012 DESIGN ELECTRICAL CONTRACTORS E 101-41940-405 Repair/Maint - Buildings $1,042.50 16014 CH replace ballasts & lights in parking Total DESIGN ELECTRICAL CONTRACTORS $1,042.50 Paid Chk# 031363 10/1/2012 EARL F. ANDERSON, INC. E 101-43100-226 Sign Repair Materials $812.29 0100081-IN PW 10"x18" No Parking Symbol signs Total EARL F. ANDERSON, INC. $812.29 Paid Chk# 031364 10/1/2012 HENRYS WATERWORKS, INC E 602-49400-407 R/M - Water Mains $2,597.39 16003 UD wtr 6" waterous gate valve, nuts, extension box, valve adapter, & wedg Total HENRYS WATERWORKS, INC $2,597.39 Paid Chk# 031365 10/1/2012 HIGHWAY TECHNOLOGIES, INC E 468-49000-300 Professional Srvs (GENERAL) $13,146.60 443066-001 1-94 WBCD Proj Aug 2012 hwy tech Total HIGHWAY TECHNOLOGIES, INC $13,146.60 Paid Chk# 031366 10/1/2012 MCFOA E 101-41750-433 Dues and Subscriptions $35.00 2012-2013 Dues PW-CEng new membership dues Total MCFOA $35.00 Paid Chk# 031367 10/1/2012 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $140.29 96455 CH Sept. 2012 copier usage E 601-49450-413 Office Equipment Rental $68.59 96455 UD swr Sept 2012 copier usage E 602-49400-413 Office Equipment Rental $62.35 96455 UD wtr Sept 2012 copier usage E 604-49960-413 Office Equipment Rental $31.18 96455 UD strwtr Sept 2012 copier usage E 605-43200-413 Office Equipment Rental $9.35 96455 Recycling/Certified Del Sept 2012 Total MINNESOTA COPY SYSTEMS $311.76 Paid Chk# 031368 10/1/2012 MN DEPT OF TRANSPORTATION E 468-49000-300 Professional Srvs (GENERAL) $761,06 0000178167 1-94 WBCD Proj Aug 2012 Record E 468-49000-300 Professional Srvs (GENERAL) $722.92 0000178167 1-94 WBCD Proj Aug 2012 Material Total MN DEPT OF TRANSPORTATION $1,483.98 Paid Chk# 031369 10/1/2012 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $54.00 656 Animal serv-pick up stray cat on Main Total MONTICELLO ANIMAL CONTROL $54.00 Paid Chk# 031370 10/1/2012 MONTICELLO, CITY OF E 101-42700-309 Animal Control Contract $144.28 0013342 August 2012 Animal Control Sery Total MONTICELLO, CITY OF $144.28 Paid Chk# 031371 10/1/2012 NORTHLAND CHEMICAL CORP. E 101-43100-215 Shop Supplies $107.73 5046523 PW magic hand cleaner Total NORTHLAND CHEMICAL CORP. $107.73 Paid Chk# 031372 10/1/2012 OMANN BROTHERS E 101-43100-400 Repair/Maint - Paved Rd $143.91 9950 PW Sept 2012 AC fines mix (2.01 qty) E 101-43100-400 Repair/Maint - Paved Rd $251.30 9953 PW Sept 2012 AC fines mix (3.51 qty) Total OMANN BROTHERS $395.21 Paid Chk# 031373 10/1/2012 OTSEGO, CITY OF E 101-43100-400 Repair/Maint - Paved Rd $12,832.80 FIN120809 Albt portion of Maclver Ave 2012 Total OTSEGO, CITY OF $12,832.80 Paid Chk# 031374 10/1/2012 PITNEY BOWES- PA E 604-49960-413 Office Equipment Rental $3.57 0787150-SP12 UD stwtr Sept 2012 postage E 602-49400-413 Office Equipment Rental $5.10 0787150-SP12 UD wtr Sept 2012 postage E 101-41400-413 Office Equipment Rental $31.11 0787150-SP12 CH Sept 2012 postage E 601-49450-413 Office Equipment Rental $11.22 0787150-SP12 UD swr Sept 2012 postage Total PITNEY BOWES- PA $51.00 M:\Public Data\Requests for Council Actions (RCA)\2012\10 012012 Finance Bills Report (RCA).doc Meeting Date: October 1, 2012 16 Mayor and Council Request for Action — October 1, 2012 Finance — Payment of Claims Page 5 of 5 Check Amt Invoice Comment Paid Chk# 031375 10/1/2012 REDS PORTABLE TOILETS E 101-45100-404 Repair/Maint - Machinery/Equip $1,294.52 12909 PID August 2012 portable biffs rentals E 101-45100-404 Repair/Maint - Machinery/Equip $80.16 12909 BNSF August 2012 add'I portable biff E 101-45100-404 Repair/Maint - Machinery/Equip $32.06 12909 Un-scheduled surcharge-sery Total REDS PORTABLE TOILETS $1,406.74 Paid Chk# 031376 10/1/2012 SENTRY SYSTEMS, INC. E 101-43100-405 Repair/Maint -Buildings $32.06 662994 PW Oct 2012 security monitoring E 101-42000-405 Repair/Maint -Buildings $22.66 662994 FD Oct 2012 security monitoring E 101-42000-405 Repair/Maint - Buildings $4.22 662994 FD Oct 2012 security alarm Total SENTRY SYSTEMS, INC. $58.94 Paid Chk# 031377 10/1/2012 SRF CONSULTING GROUP, INC E 468-49000-300 Professional Srvs (GENERAL) $7,280.29 06796.01-5 E 468-49000-300 Professional Srvs (GENERAL) $163.46 06796.01-5 Total SRF CONSULTING GROUP, INC $7,443.75 Paid Chk# 031378 10/1/2012 UNIVERSITY OF MINNESOTA E 101-43100-208 Training and Instruction E 101-41750-208 Training and Instruction Total UNIVERSITY OF MINNESOTA Paid Chk# 031379 10/1/2012 VANCE BROS INC. E 101-43100-400 Repair/Maint - Paved Rd Total VANCE BROS INC. 1-94 WBCD Proj Aug 2012 professional 1-94 WBCD Proj Aug 2012 $150.00 1255280-TG PW Fall 2012 APWA Workshop $235.00 1255280-TG Adm/PW Fall 2012 APWA conference $385.00 $149.09 23747 PW 45 gallons SS-1H products $149.09 Paid Chk# 031380 10/1/2012 WRIGHT COUNTY PROPERTY TAXES E 101-41800-511 Taxes on City Property $1,512.00 PropTax-2 PID 101-500-011208 E 102-49440-511 Taxes on City Property $12,813.78 PropTax-2 PID 101-135-001020 E 102-49440-511 Taxes on City Property $17,574.04 PropTax-2 PID 101-135-002010 E 102-49440-511 Taxes on City Property $10,391.95 PropTax-2 PID 101-135-003010 E 101-41800-511 Taxes on City Property $4,371.00 PropTax-2 PID 101-140-001010 E 102-49440-511 Taxes on City Property $8,283.90 PropTax-2 PID 101-135-004010 Total WRIGHT COUNTY PROPERTY TAXES $54,946.67 Paid Chk# 031381 10/1/2012 XCEL ENERGY E 101-45100-381 Electric Utilities $24.70 438291382 PID 11830 51st St -park Ight E 101-43160-381 Electric Utilities $23.09 438291590 PW 5998 LaBeaux Av-auto prot Ight E 101-43160-381 Electric Utilities $3.54 438291728 PW 5799 Lander Av-fire&civil def siren Total XCEL ENERGY $51.33 10100 Premier Bank $168,294.94 Fund Summary 10100 Premier Bank 101 GENERAL FUND $55,301.60 102 CAPITAL OUTLAY RESERVE $49,063.67 468 CSAH 19 RAMPS/I 94 Project $59,599.09 601 SEWER FUND $1,228.00 602 WATER FUND $2,928.92 604 STORM WATER $34.75 605 Recycling Fund $9.35 810 STMA ARENA $129.56 $168,294.94 M:\Public Data\Requests for Council Actions (RCA)\2012\10 012012 Finance Bills Report (RCA).doc Meeting Date: October 1, 2012 a Page 17 Memo To: Albertville City Council From: Mike Couri Date: September 27, 2012 Re: Albertville/St. Michael Building Inspection Contract. At the last City Council meeting the Albertville City Council approved the building inspection contract with St. Michael. However, prior to St. Michael's City Council approval, the League of Minnesota Insurance Trust provided suggested changes to the contract that deal with the insurance issues addressed in the contract. Because the League insures both cities, these changes will not have a practical impact on either city, but rather clarify what will be covered by which City's policy. The changes are minor and are largely technical in nature. I have included a comparative document showing the changes from the version of the agreement approved by the Albertville City Council at its last meeting. St. Michael's City Council approved the attached contract at its meeting on September 25th. minor. I recommend that this item be placed on the consent agenda as the changes are Page 1 of 1 Agenda Page 18 CITY OF ALBERTVILLE CITY OF ST. MICHAEL COOPERATIVE SERVICE AGREEMENT BUILDING INSPECTION SERVICES WHEREAS, the City of Albertville ("Albertville") Building Inspector ha his position effective June 15, 2012; and WHEREAS, the City of St. Michael ("St. Michael") employs a building _ on staff, and WHEREAS, St. Michael has excess capacity in its building inspection de and can provide building inspection services to Albertville without hiring additio personnel; and WHEREAS, Albertville desires to have St. Michael provide building ins services to Albertville on a contract basis; and WHEREAS, Albertville employees shall accept building permit applicat Albertville City Hall and cooperate with St. Michael's building inspector in proc issuing building permits in Albertville; and WHEREAS, Albertville will pay St. Michael for building inspection sere forth herein; and NOW, THEREFORE, Albertville and St. Michael agree as follows: ST. MICHAEL'S DUTIES BUILDING INSPECTION SERVICES. St. Michael shall provide buill inspection services to Albertville as set forth herein. St. Michael shall prc Minnesota -licensed building inspector ("Building Inspector") to Albertvi conduct the same type of building inspection services which St. Michael' employees are currently providing to properties in St. Michael, including limited to, building plan review, building code inspection/compliance, va inspection, rental housing inspection, hazardous building inspection, con, with Albertville City staff regarding applicability of the building code to developments, and testimony in court proceedings when necessary. The Inspector will be responsible for the legal aspects of building code admir and enforcement including plan reviews and inspections per the Uniform Building Code and Albertville City Ordinances. The Building Inspector and review all relevant building and related permit applications, conduct necessary investigations, and ensure that said applications meet all requil under all applicable Albertville ordinances as well as all applicable State laws, rules, and regulations, and will issue permits consistent with Albers Agenda Page 19 ordinances. The Building Inspector shall file all required filings with the State of Minnesota. 2. EMPLOYEE STATUS. St. Michael's employees providing building inspection services to Albertville shall remain employees of St. Michael and shall not be s deemed employees of Albertville for any purpose. St. Michael shall maintain liability_ insurance on its building inspection employees at all times in amounts not Deleted: and elrorsand omissions less than the tort liability limitations set out in Minn. Stat. 466.04, and shall all required workers' compensation insurance on such employees. 3. MONTHLY REPORTS. The Building Inspector shall submit a monthly report to the Albertville City Council summarizing the prior month's building permit activit} in Albertville and noting any areas of concern or suggested changes in City policy c procedures relating to building inspection services. 4. MEETINGS. The Building Inspector shall be available upon request to attend Albertville City Council meetings, staff meetings, or planning and zoning commission meetings where building code -specific issues will be addressed and the Albertville City Council or City Administrator deems the Building Inspector's presence necessary. Albertville agrees to defend and indemnify St. Michael and its employees, officials k] volunteers and agents from and against all claims, actions, damages, losses and V526 a expenses arising out of: 11 the negligence or omissions of its officials, agents or representatives related to the work that is the subject of this Agreement, except H� where such claim, action, damage, loss or expense is attributable to a specific t �� direction from the Building Inspector: and 2) a challenge to the validity or interpretation oi'Alhertville's C itv Code Notwithstanding the foregoing (i) a Deleted Albertville's defense and indemnity agreement herein is limited to the tort liability caps set forth in Minn. Stat. Section 466.04 or to the amount of liability, insurance Deleted: and errors and omissions Agenda Page 20 coverage maintained by Albertville, whichever is applicable; and (ii) Albertvil does not waive and expressly preserves, any and all statutory and common law defenses, including without limitation governmental immunities such as discretionary immunity, and all applicable statutory and common law liability ALBERTVILLE'S DUTIES 6. STAFFING AND FEES. Albertville shall staff its front desk with personnel trained in accepting building permit applications and collecting the appropriate application fees. All such Albertville building inspection fees paid to Albertvi shall remain funds of the City of Albertville. Albertville's personnel shall coordinate all requests for inspections with the Building Inspector and shall nc the Building Inspector when building permit applications have been received c requests for inspections are made. 7. OFFICE FACILITIES. Albertville shall make available to the Building Insl sufficient office space, computer, copy machine and other customary and usua office equipment necessary for the Building Inspector to carry out its obligatic under this Agreement from the Albertville City Hall. Albertville shall not be required to provide a car or transportation to the Building Inspector. The Buil, Inspector shall use either his own car or a car provided by the City of St. Mich when administering the building code in Albertville. 8. PAYMENT FOR SERVICES. Albertville shall pay St. Michael for building inspection services provided under this Agreement under the following formul Annual Albertville Cost = ((AP/(AP + SP)) + (ABV/(ABV + SBV))) x SBD1 2 Where: AP = Albertville's population per the most recent state demographer's estimate which is available on January 1 of the year services are provic SP = St. Michael's population per the most recent state demographer's estimate which is available on January 1 of the year services are provic SBV = total market value (per Wright County's Assessor's Office) of commercial/industrial buildings in St. Michael on January 1 of the yea to the year in which services are provided. ABV = total market value (per Wright County's Assessor's Office) of commercial/industrial buildings in Albertville on January 1 of the year to the year in which services are provided. Agenda Page 21 SBDC = St. Michael's budgeted building department cost for the year in which services are provided (based on St. Michael's adopted budget for suc year). This shall be limited to total wages and benefits paid to the St. Michael and Building Inspector(s) (if the Building Inspector(s) is responsib for performing non -building department duties, then the costs included in tl formula shall be their total wages and benefits multiplied by the percentage of their time devoted to building department activities), and one -quarter of the wages and benefits of St. Michael's permit technician and zoning coordinator. SBDC shall not include general city administrative expenses < city hall building expense allocations. M = 4,000 miles per year times the Internal Revenue Rate for mileage allowance. The 2013 Building Department Cost Allocation attached as Exhibit A to this Agreement details Albertville's cost and the application of the cost -sharing formula in this paragraph for the 2013 year. 9. TIMING OF PAYMENT. Payments due under this Agreement shall be calculat on a calendar year basis, and equal payments from Albertville to St. Michael shall occur at the end of each calendar quarter. St. Michael shall invoice Albertville quarterly. For the 2012 year, Albertville shall pay St. Michael two-thirds of the amount required by paragraph 8 above, which reflects the fact that Albertville provided its own building inspection services for the first four months of 2012. 10. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective for all building inspection services provided to Albertville by St. Michael after May 1, 2012 and shall continue in effect until such time as this Agreement is properly terminated. GENERAL CONDITIONS 11. DISPUTE RESOLUTION. The parties shall cooperate and use their best efforts tc ensure that the various provisions of this Agreement are fulfilled. The parties agree to act in good faith to undertake resolution of disputes, in an equitable and timely manner and in accordance with the provisions of this Agreement. If disputes canno be resolved informally by the parties, the following procedures shall be used: a. Mediation. Whenever there is a failure between the parties to resolve dispute on their own, the parties shall first attempt to mediate the dispute. T] parties shall agree upon a mediator, or if they cannot agree, shall obtain a list court -approved mediators from the Wright County District Court Administrat and select a mediator by alternately striking names until one remains. Michael shall strike the first name followed by Albertville, and shall continue that order until one name remains. Agenda Page 22 b. LitiEation. If the dispute is not resolved within 30 days after medication proceedings, the parties may litigate the matter. Each pa responsible for all of their own costs associated with such litigation. c. Termination. Mediation shall not act as a bar to terminatii Agreement by either party in accordance with the provisions of Parag this Agreement. 12. TERMINATION. This Agreement may be terminated by the party desiri: Agreement be terminated by providing sixty (60) days written prior notice other party at any time. Cause is not required for such termination. Paymf services rendered will be through the date of termination as identified in th notification. 13. DOCUMENTS. All documents relating to building inspections in Albertv including electronic data prepared under this Agreement, shall be the prop( Albertville and will be collected and maintained in a manner as deemed ap by Albertville consistent with its records retention schedule. When not usi Albertville property files in the field, the Building Inspector shall store all related to building permits issued by Albertville at the Albertville City Hal 14. ENTIRE AGREEMENT. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, b the parties and contains the entire agreement of the parties related to buildi inspection services. 15. AMENDMENTS. Any modification or amendment to this Agreement sh; a written agreement signed by all parties. 16. NOTICE. Any notice, statement or other written documents required to b under this Agreement shall be considered served and received if delivered to the other party, or if deposited in the U.S. First Class mail, postage prep follows: i. Notice to: City of St. Michael City Administrator 11800 Town Center Drive N.E., Suite 300 St. Michael, MN 55376 ii. Notice to: City of Albertville City Administrator P.O. Box 9 Albertville, MN 55301 17. CAPTIONS. Captions or headings contained in this Agreement are inclu( convenience only and form no part of this Agreement between the parties. Agenda Page 23 18. WAIVER. The wavier by any party of any breach or failure to comply with any provision of this Agreement by another party shall not be construed as, or constitu a continuing waiver of such provision or a waiver of any other breach of or failure comply with any other provision of this Agreement. 19. SUCCESSORS AND ASSIGNS. St. Michael shall not have the right to assign, transfer, or sublet its interest or obligations hereunder without the written consent Albertville. St. Michael may substitute for the incumbent Building Inspector in th event of the Building Inspector's absence or separation, or may employ the servic( of one or more independent contractors in the event the volume of building inspection work at any given time is more than can be adequately addressed by St. Michael's employees. This Agreement is Accepted by the City of St. Michael Dated: Jerry Zachman Mayor, City of St. Michael This Agreement is Accepted by the City of Albertville Dated: Mark Meehan Mayor, City of Albertville Diana Beming Tina Lannes Clerk, City of St. Michael Acting Clerk, City of Albertville Agenda Page 24 A�Ibc tville Mayor and Council Request of Action S.M T Lbw OR Cky ut.. September 27, 2012 SUBJECT: Engineering — Amendment to MnDOT Coop. Const. Agreement No. 99563 RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Authorize the Mayor and City Clerk to amend MnDOT Cooperative Construction Agreement No. 99563 to allow for additional project funding from the State. INFORMATION: This amendment to the agreement allows the City to receive an additional $10,992.00 from the State for additional work incorporated into the project. KEY ISSUES: • This agreement allows Albertville to receive MnDOT's participation. • The original city resolution approving the agreement authorized the Mayor and Clerk to execute any amendments. • The amendment revises the States participation from $5,669,744.30 to $5,680,736.30. POLICY CONSIDERATIONS: It is the City's Policy for the Mayor and City Council to approve all agreements and contract entered into on behalf of the City. FINANCIAL CONSIDERATIONS: This agreement amendment allows the City to receive an additional $10,992.00 from the State for construction of the I94 WB CD road. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to approve or reject agreements on the behalf of the City. Submitted Through: Adam Nafstad, PW Director/City Engineer Department/Responsible Person: Public Works/Adam Nafstad Reviewed by: RDT Attachments: Agreement Amendment M:\Public Data\Requests for Council Actions (RCA)\2012\10 01 12 MnDOT Municipal Agreement Amendment (RCA).doc Meeting Date: October 1, 2012 25 ow-soT4 CPr OF 745 Minnesota Department of Transportation Memo Office of Project Management and Technical Support Cooperative Agreements Unit Mail Stop 682, Room 618 395 John Ireland Boulevard St. Paul, MN 55155 August 28, 2012 To: Ken Larson, D-3 Baxter State Aid Assistant From: Maryanne Kelly-Sonnek Municipal Agreements Engineer .} Subject: Proposed Amendment No. 99563-1 to Coop. Const. Agree. No. 99563 City of Albertville Wright County S.P. 8680-145 (T.H.94=392) S.P.242-010-003 State Funds State cost for change in pavement design along the mainline of the construction project Office Tel: (651) 366-4634 Fax: (651) 366-4769 Transmitted herewith are six copies of a proposed amendment to the original agreement with the City of Albertville and Wright County. This amendment provides for a lump sum payment of $10,992.00 by the State to the City for replacement of E111joint immediately adjacent to the new construction with a longitudinal, tied joint which will be drilled and grouted in the existing pavement. Present three separate copies of this amendment to the City Council and Board of County Commissioners for approval and execution that includes original signatures of the City Council and County Board authorized officers. Resolution No. 2012-003, dated January 17t", 2012, passed by the City Council and Resolution No. 12-16, dated February 7"', 2012, passed by the Board of County Commissioners authorized the Mayor, City Administrator and County Clerk to sign the original agreement and any amendments on its behalf. The executed amendments (three originals of each from the City and County) should be forwarded to this office as soon as possible. A copy will be returned to the City and County when fully executed. Please send me a copy of your letter transmitting the amendment to the Cly and County for anaroval. cc: File Agenda Page 26 Mn/DOT Contract No: 99563-1 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF ALBERTVILLE And WRIGHT COUNTY AMENDMENT NO. 1 State Project Number (SP): 8680-145 Original Amount Encumbered (Albertville) Trunk Highway Number (TH): 94=392 $5,669,744.30 State Project Number (SP): 242-010-003 Federal Project Number: 39227, 38165 Amended Amount Encumbered (Albertville) $ 0� 992.00 Total Obligation $5,680.736.30 This Amendment is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Albertville acting through its City Council ("City " ). Recitals 1. The State has a contract with the City identified as Mn/DOT Contract No. 99563 ("Original Contract") to provide payment by the State to the City for the State's share of the costs of grading, concrete and bituminous paving, drainage, signals, lighting, and retaining wall construction and other associated construction upon, along and adjacent to Trunk Highway No. 94 from Wright County State Aid Highway No. 19 to 3,200 feet east of Wright County State Aid Highway No. 37 according to City -prepared plans, specifications and special provisions designated by the State as State Projects No. 242-010-003 and No. 8680-145 (T.H. 94=392)("Project"); and 2. Due to a pavement design change by the State on the successive mainline project, the State requested a change in the longitudinal joint construction from the original design; and 3. This Agreement is amended to provide additional payment by the State to the City for Supplemental Agreement No. 1 Part A consisting of a change in pavement design along the mainline of the construction project; and 4. The State and the City are willing to amend the Original Contract as stated below. Contract Amendment REVISION 1. Article 7 and 8 is amended to include the following: 7. Basis of State Cost 7.2. State Participation Construction. The State will participate in the following at the percentages indicated. The construction includes the State's proportionate share of item costs for mobilization, field office, and traffic control. C. In addition to the lump sum of TED funds the State will nav tk final cost of Supplemental Agreement No 1 Part A estimated at $10 992.00, 8. State Cost and Payment by the State 8.2. Conditions of Payment. The State will pay the City the State's total estimated construction cost share, which does not include the contingency amount, in 2 equal payments and the Supplemental Agreement No. 1 Part -I- Agenda Page 27 Mn/DOT Contract No: 99563-1 A costs in accordance with the Payment Schedule in paragraph D below and as shown in the Amended Revised SCHEDULE "I", after the following conditions have been met: A. Encumbrance by the State of the State's total estimated construction cost sharey amount, as shown in the Amended Revised SCHEDULE "I". B. Approval by the State's Land Management Director at St. Paul of certified documentation, submitted by the City, for all right-of-way and easement acquisitions required for the contract construction. C. Execution of this Agreement and transmittal to the City; including a letter advising of the State's concurrence in the award of the construction contract. D. The State's receipt of a written request from the City for the advancement of funds in accordance with the following payment schedule. The V payment request must include certification by the City that all necessary parties have executed the construction contract. The 2nd payment request must include certification by the City that the Contractor has been paid for at least 50 percent of the construction contract amount. Payment Schedule 1 st Payment = 50 Percent of State's estimated construction costs as shown in the Revised SCHEDULE "I" upon award of the construction contract. 2nd Payment = Ramaimng 50 pefeem $2,834,872.15 of anticipated State costs upon completion of 30 Percent of the contract construction. Supplemental Agreement No. 1 Part A after execution of this Amendment and execution of Supplemental Agreement No. 1 Part A. 8.4. 'Records Ifeeninz and Invoicing by the City The State will provide the City with a Payment Processing Package containing instructions and samples of documents for processing final payment for Supplemental Agreement No I Part B of the State participation construction covered under this Agreement. The City will keep records and accounts that enable it to provide the State with the following prior to final paMc t for Supplemental Agreement No. 1 Part B: A. espies of the City contractor's invoice(s) covering all contract construction for Supplemental Agreement No. I Part B. B. Copies of the endorsed and canceled City_warrant(s) or check(s) paving for final contract construction for Supplemental Agreement No 1 Part B or computer documentation of the Warrantfs)issued certified by an anpLop *arm to City official that final constructign contract j2ayment for Supplemental Agreement No. 1 Part B has been made. C. A certification form. attached to a cgpy of the Final Schedule "I" for Supplemental Ag'minent No 1 Pazt B both provided by the State The certification form will be signed b the he City's Ern&eer in charge of the contract construction attesting to the following: i. Satisfactory performance and completion of all contract construction according to the Project Plans for Supplemental Agreement No. 1 Part B. ii, Accpptance and approval of all materials furnished for the contract construction for Supplemental Aareement No. 1 Part B relative to compliance of those materials to the State's current "Standard Specifications for Construction". iii. Full payment by the COX to its contractor for all contract construction for SMIemental Agreement No. 1 Part B. -2- Agenda Page 28 Mrr/DOT Contract No: 99563-1 D. When requested copies certified by Citv's Engineer, of material sam ling reports and material testingresults for the materials furnished for the contract construction for Supplemental Agreement No. 1 Part B. E. A copy of the "as built" plan sent to the District Engineer. F. A formal invoice (original and signed) in the amount due the City as shown in the Final SCHEDULE "I" for Supplemental Agreement No. 1 Part B. 8.5. Final Payment by the State Upon completion of all contract construction for Supplemental Agreement No. L Part B. the State will prepare a Final SCHEDULE "I" for Supplemental Agreement No 1 Part B accordingto the procedures detailed in the Pa3ment Processing Package and submit a col2y to the City. The Final SCHEDULE "I" for Supplemental Agreement No 1 Part B will be based on final quantities and include all State participation construction items and the construction en 'ng,� eenng cost share covered under this Amendment. If the final cost ofthe State participation construction for Supplemental Agreement No 1 Past B exceeds the amount of funds advanced by the State, the State will pay the difference to the City without interest If the final cost of the State participation construction for Supplemental Agreement No 1 Part B is less than the amount of funds advanced by the State the CAy will refund the difference to the State without interest. The State and the City waive claims for any payments or refunds less than $5 00 according to Minnesota Statutes § 15.415, The terns of the Original Contract are expressly reaffirmed and are incorporated by reference. Except as amended herein, the terms and conditions of the Original Contract and all previous amendments remain in full force and effect. [The remainder of this page has been intentionally left blank] -3- Agenda Page 29 Mn/DOT Contract No: 99563-1 STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: Date SWIFT' Purchase Order: 3000034383 CITY OF ALBERTVILLE The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title Date By: Title Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval. - By: (District Engineer). Date: Approved: By: (State Design Engineer) Date: COMNIISSIONER OF ADMINISTRATION By: (With delegated authority) Date: 4- Agenda Page 30 k�'' NWDOT Contract No: 99563-1 WRIGHT COUNTY The undersigned certify -that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions; resolutions or ordinances. By: Title Date By: Title Date INCLUDE COPY OF RESOULUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -5- Agenda Page 31 rr, A\1b""'Ertvi lle Mayor and Council Request for Action September 26, 2012 SUBJECT: FINANCE DEPARTMENT — OTSEGO FIRE CONTRACT AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve the Five Year Fire Service Contract with the City of Otsego BACKGROUND: Annually the City of Albertville enters into a Fire Service Contract with the City of Otsego. The charge for Albertville services rendered by Otsego is determined by the annual Fire Department Budget split by the percentage of fire district tax capacity for each city. KEY ISSUES: With the growth in the City of Otsego increasing, Otsego has requested to be more involved in the Fire Department Budget Process due to the fact that as they continue to grow their percentage will also increase. Changing from an annual agreement to a 5 (five) year contract. Creation of a Fire Advisory Subcommittee consisting of two Council members from each City, City Administrators, Finance Directors and the Fire Chief. POLICY CONSIDERATIONS: The Mayor and Council have an ongoing understanding with the City of Otsego with Fire Service Contract agreement. FINANCIAL CONSIDERATIONS: The City of Otsego, with the fire contract, pays a percentage of the Fire Department Budget annually. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Department/Responsible Person: Finance/Tina Lannes, Finance Director Reviewed by: RDT Attachments: City of Otsego Contract M:\Public Data\Requests for Council Actions (RCA)\2012\10 012012 Fire Contract.doc Meeting Date: October 1, 2012 32 2013-2017 FIRE PROTECTION AGREEMENT WITH THE CITY OF OTSEGO This agreement is made and entered into by and between the City of Albertville, a municipal corporation located in the County of Wright, State of Minnesota, and the City of Otsego, a municipal corporation located in the County of Wright, State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in Otsego, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego identified on the Fire District map attached as Exhibit A to this Agreement. Fire service provided by Albertville includes general structural and nonstructural, grass and forest, and vehicle firefighting and general rescue services including vehicle and equipment extraction and general search and rescue, hazardous materials response, fire code enforcement and high level, water and confined space rescue. Such fire protection and emergency medical response services shall be provided from January 1, 2103 through December 31, 2017, unless otherwise terminated pursuant to the terms of this Agreement. 2. Otsego shall pay Albertville a Fire Service Fee ("Fire Service Fee") annually according to the formula set forth in this paragraph in exchange for the provision of fire protection and emergency medical response services as described above. Annual payments shall be made in four equal installments on or before every April 1st, July 1st, October 1 St and December 31 st. The Fire Service Fee shall be calculated by multiplying the adjusted fire department budget for the year fire service is to be provided (consisting of the fire department budget less state fire aids received) times the value of the Taxable Tax Capacity within the Fire District that is located in Otsego divided by the total Taxable Tax Capacity of the entire Fire District, where the Taxable Tax Capacity is the Taxable Tax Capacity used to calculate the real property taxes due in the year fire service is provided. For example, if the fire department budget is $380,000, the Taxable Tax Capacity of the Fire District area in Otsego is $3,000,000, and the total Taxable Tax Capacity of the entire Fire District is $10,000,000, then Otsego's annual payment to Albertville for that year under this Agreement would be $114,000, calculated as $380,000 times ($3,000,000/$10,000,000). Albertville shall issue a statement to Otsego by August of each year detailing the following year's estimated fire service amount due. In the event that Otsego disputes Albertville's calculations or the basis for the calculations, the parties shall within thirty (30) days after such objections are delivered to Albertville meet and negotiate in good faith a resolution to the objections. i Agenda Page 33 3. Otsego and Albertville's respective City Councils shall both appoint Council representatives to a joint Fire Advisory Subcommittee for the purpose of reviewing ongoing fire service under this Agreement, the proposed fire budget, to address issues arising from the Agreement, to review the operating and capital budgets, and to plan for future joint fire and emergency response services. The Subcommittees shall meet at least four (4) times per year. The Subcommitttee shall consist of two elected officials from each City, the City Administrator of each City, the Finance Directors from each City and the Albertville Fire Chief. The Subcommittee shall develop a plan to address the long term direction of the department. 4. Albertville shall take all reasonable steps to insure that it has at all times adequate fire fighting and medical personnel and equipment available and ready to provide protection to Otsego's citizens and property as provided for in this Agreement. 5. Albertville shall at all times keep in place adequate insurance coverage to protect Otsego's interests and to fulfill Albertville's obligations under this Agreement. 6. Albertville shall fully indemnify, hold harmless and defend Otsego from all claims arising out of the negligence of Albertville, its employees, officers or agents in performing its duties under this Agreement. 7. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, in the opinion of the Fire Chief or his Deputy in charge, no obligation arises under this agreement on the part of the City of Albertville to answer such call and no person or party shall have recourse against the City of Albertville or City of Otsego for reasonable refusal to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and the number of volunteer firefighters, or both, are committed at the time of the fire call, in sole judgment of the Fire Chief or his Deputy, to fighting pre-existing fires or attending pre-existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, provided that Albertville makes all reasonable efforts to answer the fire or medical call in Otsego, including requests for mutual aid. c. In the event a fire call by Otsego is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firefighters, or both, are needed to fight another fire in the Fire District or to respond to another emergency elsewhere in the Fire District, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in his reasonable judgment, redeploy the 2 Agenda Page 34 firefighting equipment, volunteer firefighters and emergency response equipment as they deem necessary given the competing emergency situations. If a decision is made to leave a pre-existing fire in Otsego, Albertville shall utilize all resources at its disposal to provide alternative services to extinguish the fire in Otsego. The reasonable judgment of the Fire Chief or his Deputy shall be final and no person or parry shall have recourse against the City of Albertville or the City of Otsego for any damages or losses resulting from such action or decision. d. The parties acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that in the event of concurrent fire calls or other concurrent emergencies within the Fire District, Albertville will call for mutual aid to serve one or all such emergencies as deemed necessary by the Fire Chief or his Deputy. e. Third parties shall have no recourse under this Agreement against either party to the Agreement. 8. This agreement shall run for the period set forth in paragraph 1, provided, however, that this Agreement may be terminated by either party following one year's written notice to the other party. In such case, this Agreement shall terminate on the first December 31st following the first anniversary of the termination date (e.g., if a termination notice is served on October 17, 2014, this Agreement would terminate on December 31, 2015). Written notice of termination shall be effective upon personal service of the termination notice upon the City Clerk of the non -terminating city. 9. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing firefighting equipment and firefighters, which equipment and firefighters could be called by the Chief or his Deputy to a fire or other emergency in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if, in the sole reasonable judgment of the Chief or his Deputy, such additional fire fighting equipment/emergency response equipment and firefighters are needed to respond to an emergency in Otsego and are in fact called to such emergency by the Chief or his Deputy. Otsego shall be provided an itemized list and explanation for any additional costs incurred under this section and billed to Otsego. 10. Albertville shall provide Otsego with the names and addresses of those parties served in Otsego with fire, medical or rescue services along with the incident report from the event.. Otsego may bill such parties separately and keep the proceeds from such billings. 11. Albertville owns all fire/rescue equipment used by the fire department and shall have the sole discretion to determine when and how to dispose of such equipment, provided, however, that the proceeds from the sale of such equipment shall be credited to the fire department fund. 3 Agenda Page 35 12. Albertville owns the fire hall and shall have the sole discretion to determine when and how to dispose of it, provided, however, that the proceeds from the sale of the fire hall shall be credited to the fire department fund. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 2012. CITY OF ALBERTVILLE Mark Meehan, Mayor ATTEST: City Clerk CITY OF OTSEGO By: Jessica Stockamp, Mayor Tami Loff City Clerk 4 Agenda Page 36 A1bertvijj : Mayor and Council Request for Action S—H T... UM M. ft telly Uls. September 27, 2012 SUBJECT: AGREEMENT TO WAIVE SPECIAL ASSESSMENTS BY OUTLET MALL OWNERS. RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Agreement for Waiver of Objection to Special Assessment Associated with Interstate 94/CSAH 19 Improvements. BACKGROUND: As part of the I-94 Ramps project, the City is proposing to special assess the outlet mall properties in the amounts of $448,000 (west side of CSAH 19) and $192,000 (east side of CSAH 19). Adam Nafstad has been working with the owners of the outlet mall in an attempt to reach an agreement on the terms of the special assessment in exchange for the outlet mall agreeing not to appeal the special assessment. After several revisions, Adam and the owners of the Outlet Mall have tentatively agreed upon terms under which the City will modify the timing and term of the Outlet Mall's assessment (but not the amount of the assessment) and the Outlet Mall will waive its right to appeal the assessment. The waiver will save the City tens of thousands of dollars in appeal costs should the Outlet Mall not sign the waiver and decide to appeal the case. KEY ISSUES: • The owners of the Outlet Mall agree to waive their right to appeal the special assessments, provided the City does not assess more than the $448,000 and $192,000 amounts currently proposed. • The Outlet Mall's first payment will be delayed until 2014. Interest will accrue during the one-year payment deferral. • The assessment will be spread over 20 years from the date of the assessment, with the Outlet Mall's last payment occurring in October, 2032. All other properties will be assessed over a period of 10 years. • The interest rate can be set no higher than 3.28%, which is the rate Staff is proposing for all of the properties being assessed (2% over the PFA bond interest rate), but will begin accruing at the later date of the assessment or when interest starts to accrue on the PFA loan. Since interest has already begun to accrue on the PFA loan, interest on the Outlet Mall assessment will begin on the day the assessment is adopted (October 15tb) POLICY/PRACTICES CONSIDERATIONS: Entering into this assessment agreement eliminates the risk for the City that the assessment will be reduced on appeal. The agreement is very straight forward and very easy to implement, with the City expected to fully perform its end of the agreement by the end of 2013. M:\Public Data\Requests for Council Actions (RCA)\2012\10 012012 Agreement for waiver of appeal outet mall RCA.doe Meeting Date: October 1, 2012 37 Mayor and Council Request for Action — October 1, 2012 AGREEMENT TO WAIVE SPECIAL ASSESSMENTS BY OUTLET MALL OWNERS. Page 2 of 2 FINANCIAL CONSIDERATIONS: Entering into this Agreement will give the City 100% certainty that the $640,000 special assessed to the Outlet Mall will not be challenged in Court and thus will not be reduced at all. In addition, the City will avoid tens of thousands of dollars of litigation expenses that would be incurred if an appeal were filed. The one-year deferral will cause a temporary $32,000 cash flow (shortage) in the first year that will ultimately be made up in full from the Outlet Mall's payments over the life of the assessment. LEGAL CONSIDERATIONS: The City Attorney strongly recommends this agreement for the certainty it provides to the City and the relative ease of administration. Submitted Through: Mike Couri, City Attorney/Adam Nafstad, City Engineer/Public Works Director Department/Responsible Person: Adam Nafstad, City Engineer/Public Works Director Reviewed by: RDT Attachments: Agreement for Waiver of Objection to Special Assessment Associated with Interstate 94/CSAH 19 Improvements M:\Public Data\Requests for Council Actions (RCA)\2012\10 012012 Agreement for waiver of appeal outet mall RCA.doc Meeting Date: October 1, 2012 38 Agenda Page 39 n Agenda Page 40 Agenda Page 41 slam IntOhftOaUyj Agenda Page 42 a i « Kira C}%a�r� City Glerk, City of Albertville TAT5 OF MINN5SOTA COUNTY The fore t ing imtrum t nos ed ore M thisdad of 2012, by Mark Meehan as. Mayor of the City of Albertville, Minnesota municipal rat° , behaff of the City p rsua t to the authority City Council. Rotary Public ;IPublic _a Agenda Page 43 Pmpe n" SlgnaWre Page: ST COO NTY O d The foregoing instrument was acknowledged before me this list day of September , by John R. Klein as President of CPG Holdings, , , sole member of CP6 Part'nem SIGNATURE,OF NOTARY -.6- Agenda Page 44 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2012-040 RESOLUTION APPROVING AN AMENDMENT TO THE ALBERTVILLE COMPREHENSIVE PLAN ADOPTING THE 2012 VISIONING STUDY AS AN ADDENDUM TO SAID PLAN, AND ADOPTING THE PROPOSED LAND USE PLAN DATED JANUARY 18, 2010 INTO SAID PLAN. WHEREAS, the City of Albertville commissioned the 2012 Vision Study to define vision, goals, and priorities of the community for the next 20 to 30 years; and WHEREAS, the 2012 Visioning Study addresses key issues identified through a series of interviews with the City Council, Planning Commission, property owners, and City staff, and establishes goals, priorities, and strategies to address each issue; and WHEREAS, the 2012 Visioning Study will provide direction for the City in future planning, administration, and investment efforts; and WHEREAS, the Albertville Planning and Zoning Commission met and held a public hearing on September 11, 2012 to consider the adoption of the 2012 Visioning Study as an addendum to the Albertville Comprehensive Plan, and the adoption of the Proposed Land Use Plan, within the 2012 Visioning Study, into the Albertville Comprehensive Plan; and WHEREAS, upon hearing staff presentation and public testimony, the Planning and Zoning Commission closed the public hearing and recommended that the City Council approve the adoption of the 2012 Visioning Study as an addendum to the Albertville Comprehensive Plan, and the adoption of the Proposed Land Use Plan into the Albertville Comprehensive Plan; and WHEREAS, the Albertville City Council met on October 1, 2012 to consider the adoption of the 2012 Visioning Study as an addendum to the Albertville Comprehensive Plan, and the adoption of the Proposed Land Use Plan into the Albertville Comprehensive Plan; and WHEREAS, the Albertville City Council received the Planning Commission recommendation, and agrees with the recommendation of the Planning Commission; and NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the amendment to the Albertville Comprehensive Plan adopting the 2012 Visioning Study as an addendum to said plan, and adopting the Proposed Land Use Plan dated January 18, 2010 into said plan. Agenda Page 45