2013-05-06 CC Packet
City of Albertville Council Agenda
Monday, May 6, 2013
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
th
A.Recognize Sarah (Bistodeau) Kasper’s 100Birthday
4.PUBLICFORUM
– (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 April 15, 2013 regular City Council meeting minutes as presented (pgs 4-
9)
B.
Approve the April 17, 2013 Local Board of Appeal and Equalization meeting minutes
as presented (pgs 10-11)
C.
Approve the April 22, 2013 special City Council meeting minutes as presented (pg 12)
D.
Accept the draft April 8, 2013 STMA Ice Arena Board meeting minutes as presented
(pgs 13-15)
E.
Authorize the Monday, May 6, 2013 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at
City Hall upon request (pg 16)
F.
Approve Temporary 3.2% Malt Liquor License for “Kick for a Cure” fundraiser
sponsored by the St. Michael Lions Club to be held on May 18-19, 2013 at Central
Park (pg 17)
G.
Approve payment to Eureka Construction for W.B. I-94 C-D Road (Partial Payment
#8) in the amount of $63,170.63
H.
Approve payment to Knife Rive Corporation for 2010 Street Overlay (Partial Payment
#2 and Final) in the amount of $3,769.31
7.PUBLIC HEARINGS - None
M:\Public Data\City Council\Council Agendas\2013 Agendas\050613 Council Agenda.doc
Meeting Date: May 6, 2013
Agenda Page 1
City of Albertville Council Agenda
Monday, May 6, 2013
Page 2 of 3
8.DEPARTMENT BUSINESS
A.City Council
1).STMA United Soccer Club Lease Agreement (pgs 18-36)
a
(Motion topprove the attached lease of the building located at 5964 Main
Avenue NE to the STMA United Soccer Club)
2).Committee Updates
(STMA Arena, Planning, JPWB, etc.)
B.Finance
1).STMA Ice Arena Audit Costs –Verbal Update
2).Replacement of UPS/Battery Backup Unit for City Hall (pgs 37-39)
(Motion to Approve Replacing the UPS/Battery backup Unit for City Hall at a
cost of $17,962.00 plus tax)
C.Public Works / Engineering
1).Wastewater Treatment Facility Software (pg 40)
(Motion to Authorize ICS Healy-Ruff to Install and Configure Computer
Software and Equipment at the Wastewater Treatment Facility)
2).WWTF Biosolid Disposal (pgs 41-43)
(Motion to Authorize Bolton & Menk, Inc. to prepare plans and specifications for
biosolid disposal, as required by the MPCA, at an Hourly Not to Exceed fee of
$7,000)
3).WWTF Facility Plan (pgs 44-47)
(Motion to Authorize Bolton & Menk, Inc. to prepare a Facility Plan to address
reduced phosphorus limits, as proposed by the MPCA, at an Hourly Not to
Exceed fee of $28,900)
4).2013 Street, Trail and Utility Improvements (pgs 48-49)
(Motion to Approve plans and specifications and authorize the advertisement of
the 2013 Street, Trail and Utility Improvements project; and directing staff to
negotiate easement acquisition for the CSAH 18 Trail segment.)
5).Restrictions on Coal Tar-Based Sealants (pgs 50-53)
D.Planning/Zoning
1).Code Enforcement Policy (pgs 54-61)
(Motion to approve either:
Resolution 2013-015-Option 1
Establishing City of Albertville Policy on City
Code Enforcement (with 400 feet)
OR
Resolution 2013-015-Option 2
Establishing City of Albertville Policy on City
Code Enforcement (without 400 feet))
2).Outlet Mall Sign Criteria Discussion
E.Legal
1).City Attorney’s Update (pg 62)
M:\Public Data\City Council\Council Agendas\2013 Agendas\050613 Council Agenda.doc
Meeting Date: May 6, 2013
Agenda Page 2
City of Albertville Council Agenda
Monday, May 6, 2013
Page 3 of 3
F.City Clerk-None
G.Building -None
H.Administration
1).City Administrator’s Update (pg 63)
9.ANNOUNCEMENTS and/or UPCOMING MEETINGS
May 4 Spring Clean Up Day, 3150 Lander Ave NE, 7:00 a.m.-1:00 p.m.
May 13STMA Ice Arena Board, 6:00 p.m.
May 14 Planning Commission, 7:00 p.m.
Parks Committee, 8:00 p.m.
May 17 Explore Your Parks Night, 6:00-8:00 p.m.
May 20 City Council, 7:00 p.m.
May 27City Offices Closed, Memorial Day
May 28 Joint Powers Water Board, 6:30 p.m.
June 3 City Council, 7:00 p.m.
June 5-9 Albertville Friendly City Days
th
(St. Michael Relay Challenge June 5, Central Park, 5:00 p.m.)
June 10 STMA Ice Arena Board, 6:00 p.m.
June 11 Planning Commission, 7:00 p.m.
June 17 City Council, 7:00 p.m.
June 24 Joint Powers Water Board, 6:30 p.m.
MAYJUNE
SuMTuWThFSaSuMTuWThFSa
12341
CCC CFCDFCDFCDFCD
5678910112345678
PZ
IcePZFCDIce
121314151617189101112131415
CCCC
1920212223242516171819202122
23 JP 24 PK 2526272829
HJPPK
262728293031
30
10.ADJOURNMENT
M:\Public Data\City Council\Council Agendas\2013 Agendas\050613 Council Agenda.doc
Meeting Date: May 6, 2013
Agenda Page 3
ALBERTVILLE CITY COUNCIL
Monday, April 15, 2013
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1.CALL TO ORDER –PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:02 p.m.
2.ROLL CALL
Present
: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch and Wagner
Absent:
None
Others Present:
City Administrator/PWD Adam Nafstad, Finance Director Tina Lannes, City
Planner Alan Brixius, City Attorney Michael Couri, City Clerk Kimberly Olson, Matt Mayer,
Kurt Sjelin, and Samara Postuma
3.RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS
Presentation of the Comprehensive Annual Financial Report (CAFR)
Mayer reported the City must have an independent audit of the City’s financial
statements. The audit also provides an opinion on compliance with State Statutes.
Mayer stated that revenue was up for 2012and the City has built up the general fund due
to the increased revenue. The City has also begun setting aside $50,000 for debt
service. He stated that expenditures were down about 2.5%. He reported the City has
established a 35% fund balance policy.
Mayer reported the sewer fund appears to be performing well. The water fund is under
performing and is something the Council will want to monitor.
Mayer reportedmarket value has declined about 24%. He noted that although the dollar
amount of the levy has not changed, the tax capacity number has increased due to the
diminishing market value.
Mayer stated the goal of an independent audit is to confirm that the numbers presented to
the public are materially accurate. Hereported there was one finding regarding the lack
of segregation of duties and although this is not uncommon for cities of this size, it was
elevated from last year due to the inconsistency in staffing levels in 2012. He anticipates
that this finding will be lowered next year now that all positions have been filled.
Mayer reported they have spoken with the Office of the State Auditor on whether the
Arena qualifies for local government status as a special district and as such, would need
its own external financial statements to show profit/loss and operational activity. He
stated they will be bringing this forward to the Arena Board in July. Sorensen inquired
about an estimated cost for the audit and Mayer estimated $5,000-$7,000 plus costs to
prepare the financial statements as ABDO has done for the City. Sorensen clarified that
this recommendation would have beenthe same regardless of whether the school district
or the City handled the financials. Couri agreed that they do meet the statute
requirements for a special district for the Arena. He stated it is no longer a choice and
they must comply with the audit requirements.
4.PUBLICFORUM
There was no one present to speak.
5.APPROVAL OF THE AGENDA
Olson added the Local Board of Appeal and Equalization meeting was set for Wednesday, April
17, 2013 at 5:30 p.m. to Announcements and Upcoming Meetings.
Motioned by Olson, seconded by Wagner, to approve the agenda as amended. Ayes:
Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
6.CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by 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 April 1, 2013 City Council regular meeting minutes as presented
B.
Authorize the April 15, 2013 payment of claims as presented, except bills specifically
pulled which are passed by separate motion. The claims listing has been provided to
City Council as a separate document and is available for public view at City Hall upon
request
C.
Approve three (3) One-Day Temporary 3.2% Malt Liquor Licenses for the Knights of
Columbus for the 2013 Friendly City Days celebration held in Central Park
D.
Approve three (3) One-Day Temporary 3.2% Malt Liquor Licenses for the Albertville
Lions for the 2013 Friendly City Days celebration held in Central Park
Motioned by Vetsch, seconded by Sorensen,to accept the consent agenda as presented. Ayes:
Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None.MOTION
DECLARED CARRIED.
City Council Meeting MinutesPage 2
Regular Meeting of April 15, 2013
7.PUBLIC HEARINGS - None
8.DEPARTMENT BUSINESS
A.City Council
1).Committee Updates
(STMA Arena, Planning, JPWB, etc.)
STMA Ice Arena
Wagner reported the ice has been removed from the Arena and will be put back
prior to the Albertville Friendly City Days tournaments.
Nafstad reported staff has met with both the architect and engineers of the Arena
and they believe the issue to be a buildup of frost that has saturated the insulation.
They will memorialize the findings and outline options for repair in a
memorandum to the Board. It is their opinion the issue has existed since the
building was built.
Wagner reported they discussed the Ballard King market analysis for a second
sheet of ice. However, the findings did not indicate a second sheet could fund
itself and debt service without considerable costs to each of the three entities.
Kurt Sjelin, STMA Youth Hockey Association, would like to see revisions to the
study that do not include debt service.
B.Finance
1).First Quarter Budget to Actual Report
Lannes reported revenues should be at 6% and are currently at 4.1%. Expenses
should be at 25% and are currently at 16.4%. She stated City Hall is showing
expenses near 50% due to the insurance premiums for LMCIT.
2).Account Receivables Report
Lannes reported that 90% of the receivables are less than 30 days out and most
of the ones 90 days and over were from last year that could not be assessed last
year because they had not yet reached 60 days past due.
3).Authorizing and Documenting Inter-Fund Loans/Advances from the Sewer
Access Fund
Lannes reported they are loaning from the SAC fund to other funds that have a
negative balance and is an annualoccurrence. There cannot be any funds with a
negative balance in the audit andthis is a zero percent interestloan. They have
begun to budget $50,000 annually to replenish the SAC fund. Lannes explained
the money is not physically transferred out of the SAC fund, but is committed to
the other funds. Vetsch had concerns about the amount in the SAC fund when
they need to upgrade the Wastewater Treatment Plant. Couri explained that land
sales and collection of outstanding special assessments will fund back the
City Council Meeting MinutesPage 3
Regular Meeting of April 15, 2013
amount borrowed from the SAC fund, but it does rely on land sale prices and the
market.
Motioned by Sorensen, seconded by Wagner, to adopt Resolution 2013-012
authorizing and documenting an Inter-fund loan to fund negative fund
balances. Ayes: Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays:
None. Absent: None. MOTION DECLARED CARRIED.
4).Transfer of Funds
Lannes reported that these transfers are needed for bond payments, to close
funds or for designated purposes.
Motioned by Wagner, seconded by Sorensen, to adopt Resolution 2013-013 to
transfer funds. Ayes: Hendrickson, Olson, Sorensen, Vetsch and Wagner.
Nays: None. Absent: None. MOTION DECLARED CARRIED.
5).Friendly City Days Challenge to St. Michael
Lannes stated that staff held a meeting to see what type of challenge the
employees would be interested in participating in. Staff suggested an 8 to 12
person relay race around the bases in Central Park. Sorensen was supportive if
they will get participation from staff. Council directed staff to issue the
challenge to St. Michael and to work with the Albertville Friendly City Days
Committee.
C.City Clerk – None
D.Public Works/Engineering
1).I-94 Right-of-Way Transfer to MnDot
Nafstad reported the City acquired parcels for right-of-way use during the
construction of the W.B. I-94 C-D Road Improvements. Per Cooperative
Construction Agreement No. 99563 with MnDOT, the City is required to
convey to the State the right-of-way necessary to maintain the W.B. I-94 C-D
improvement.
Motioned by Hendrickson, seconded by Wagner, to adopt Resolution 2013-014
accepting the offer of the State of Minnesota, Department of Transportation,
to convey and quitclaim to the State of Minnesota Real Property Described by
Quitclaims Deeds for S.S.8680 (94=392)901 PARCEL 529, County of Wright,
and for C.S.8680(94=392)901, PARCEL 435, County of Wright. Ayes:
Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent:
None. MOTION DECLARED CARRIED.
2).Wastewater Treatment Plant Facility Plan
The City will be required to reduce phosphorus discharge from the current limits
prior to reissuance of the NPDES/SDS permit in 2021. To better understand the
City Council Meeting MinutesPage 4
Regular Meeting of April 15, 2013
Wastewater Treatment Plant’s capabilities and the challenges associated with
the required improvements, it is recommended that Bolton & Menk, Inc. prepare
a Facility Plan. The cost would not exceed $28,900.
Olson would like to see Bolton & Menk, Inc. work on a smaller scope than
outlined in the staff report; perhaps work on alternative discharge locations and
then come back to Council at that point. Nafstad reported he can come back to
Council with a phased approach to the Facility Plan. He reported there is no
motion needed at this time. Nafstad stated the Facility Plan willbe the
document that shows they are making progress toward the required
improvements.
E.Planning/Zoning – None
F.Building –None
G.Legal - None
H.Administration
1).City Administrator’s Update
th
Nafstad stated the City of Otsego is scheduled to sealcoat 70Street NE between
MacIver Avenue NE and County Road 19 and would be a joint venture of the two
cities. Otsego would include this seal coating in their annual projects and the cost
to Albertville will be approximately $10,000.
Nafstad reported there was a power outage at City Hall that caused damage to the
battery backup for the City’s servers. Lannes reported the backup provides power
until the generator can be brought over to City Hall when there is apower outage
and also helps protect the servers from changes in electrical current. It is critical to
replace the battery backup as City Hall is designated as an emergency headquarters
and also to preserve the life of the servers. Lannes reported she is still waiting for
another quote but the first one came in at roughly $20,000. She stated the item
will come back to Council for approval. Wagner inquired if there was an option
other than replacing the backup. Lannes replied the battery backup provides
power to certainelectrical sockets until the generator is in place and if not
replaced, would require re-wiring throughout the building.
Nafstad reported he has engaged a realtor to draftthe listing agreement for 5975
Main Avenue NE (old City Hall). Wagner inquired if Couri reviewed the
agreement and Couri replied he had very minor changes relating to when fees are
due. Nafstad stated they will need to clarify with the realtor the type of uses that
trigger installation of a sprinkling system for the building –there are some uses
that will not need sprinkling.
City Council Meeting MinutesPage 5
Regular Meeting of April 15, 2013
Motioned by Vetsch, seconded by Hendrickson, to approve the listing agreement
for 5975 Main Avenue NE. Ayes: Hendrickson, Olson, Sorensen, Vetsch and
Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED
.
Sorensen asked if there was an update on the rental of 5964 Main Avenue NE.
Nafstad reported that he and Couri met with the STMA United Soccer Club and
the soccer association will be meeting with their board for a recommendation on
whether to pursue a lease agreement. Vetsch inquired if the improvements would
include ADA access. Nafstad stated those improvements would be included but
the most expensive improvements would be the bathrooms, HVAC and sprinkling
improvements. Couri stated the lease agreement would look a bit different from
the last time Council saw it. In discussions with the soccer association, they
discussed both the City and the soccer association funding the improvements. The
soccer association would begin paying rent at the beginning of the lease and once
improvements are made and the City recoups their costs from the rent received
from the soccer association, the soccer association would then receive rent
abatement.There is a small risk to the City as there is no entity standing behind
the soccer association if they breach the lease.
9.ANNOUNCEMENTS and/or UPCOMING MEETINGS
April 17 Local Board of Appeal and Equalization, 5:30 p.m.
April 22 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 8:00 p.m.
April 29 Joint Meeting with St. Michael & STMA School Board
St. Michael City Offices, 6:00 p.m.
May 4 Spring Clean Up Day, 3150 Lander Ave NE, 7:00 a.m. -1:00 p.m.
May 6 City Council, 7:00 p.m.
May 13 STMA Ice Arena Board, 6:00 p.m.
May 14 Planning Commission, 7:00 p.m.
May 17 Explore Your Parks Night, 6:00-8:00 p.m.
May 20 City Council, 7:00 p.m.
May 27 City Offices Closed, Memorial Day
May 28 Joint Powers Water Board, 6:30 p.m.
10.ADJOURN MEETING
Motioned by Sorensen, seconded by Hendrickson, to adjourn the meeting at 8:30 p.m.
Ayes: Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None.
MOTION DECLARED CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
City Council Meeting MinutesPage 6
Regular Meeting of April 15, 2013
CITY OF ALBERTVILLE
LOCAL BOARD OF APPEAL AND EQUALIZATION
April 17, 2013
DRAFT MINUTES
ALBERTVILLE CITY HALL 5:30 PM
ROLL CALL
PRESENT:
Boardmembers John Vetsch, Rob Olson, Larry Sorensen and Dan Wagner
OTHERS PRESENT:
City Administrator/PWD Adam Nafstad, City Clerk Kimberly Olson,
Wright County Assessor Wally Peterson, and Wright County Assessor Tony Rasmuson.
ABSENT:
Board members Jillian Hendrickson
PRESENTATION - WRIGHT COUNTY ASSESSOR’S OFFICE
Wright County Assessor Peterson began by explaining that the purpose of Local Board of
Appeal and Equalization is to review the assessment of property. This Local Board of Appeal
and Equalization is being held for the 2013 assessment for taxes due and payable in 2014. The
Board does not have the authority to change any prior year’s assessments. The Local Board does
not have the authority to grant an exemption or to order property to be removed from the tax
rolls. A quorum must be present and at least one of the members must be ‘Training Certified’
under Minnesota State Statutes Section 274.014 and both Vetsch and Sorensen have been
certified.
State law requires the assessor to be at 100% of market value; however, the Statutes allow the
Assessor to be within a range of 90 to 105 percent of market value. The sales ratio study time
frame is from October 1, 2011 thru September 30, 2012. The sales date gathered from this ratio
period is used to appraise property as of the January 2, 2013 assessment date. There were 756
residential and seasonal/recreational properties used in the County wide sales study and had a
time adjusted median ratio of 96.97%. and a time adjusted ratio of 98%. There was a County
wide reduction of 0.91% on this type of property. There were 894 bank/foreclosure short sales
County wide. There were 24 commercial properties used in the County wide sales study. The
adjusted means ratio was 101% and there a County wide reduction of 1.04% reduction in this of
property. The current assessment meets or exceeds standards for uniform assessment in all
jurisdictions established by the International Association of Assessment Officers.
Peterson reported there were 42qualified sales during the period with a median sales ratio of
89% and 95.4% time adjusted ratio. There were 65 unqualified or foreclosure/bank sales and the
final time adjusted ratio came in at 96%. Currently, there are already 41 qualified salesin this
City of Albertville Meeting Minutes
Local Board of Appeal and Equalization
April 17, 2013
Page 2 of 2
study period where there were only a total of 42 qualified sales in the entire last study period.
Also, there are less unqualified sales and they hope that trend continues. He reported on the ten
year history of new home permits: there were 157 in 2003, 0 in 2009 and back up with 11 in
2012. Residential values increased 8.19%, commercial values decreased 0.78% and apartment
values went up 7.2%.
Vetsch questioned the new time adjusted ratio. Peterson stated in the past they were looking at
values in arrears and now with the change made last year, they look “forward”, more closely
resemblingthe current market.
Peterson reported the call volume was down this year and he received maybe five calls for
Albertville. They did not have anyone contact them to appeal their assessment. However, they
do have some that skip the local appeal process and instead hire an attorney and file a petition in
tax court.
Vetsch inquired about the golf course. Peterson stated that although there is distress on some
golf courses, the golf course in Albertville has stayed the same.
Peterson reported that foreclosure prices are getting closer to assessed values and they hope that
will continue. He stated that mortgage rates are good right now and the only things he sees as
obstacles are the uncertainty in the market, fuel prices and getting qualification for a mortgage.
ADJOURNMENT
Motioned by Sorensen, seconded by Olson, to adjourn the meeting at 6:02 p.m. Ayes: Vetsch,
Olson, Sorensen and Wagner. Nays: None. Absent: Hendrickson. MOTION DECLARED
CARRIED.
Respectfully submitted,
_______________________________
Kimberly A. Olson, City Clerk
M:\Public Data\City Council\Council Minutes\2013 Minutes\M 04 17 2013 Board of Appeal & Equalization Minutes.doc
CITY COUNCIL SPECIAL MEETING
Monday, April 22, 2013
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:50 P.M.
1.CALL TO ORDER –PLEDGE OF ALLEGIANCE
Acting Mayor Vetschcalled the meeting to order at 7:55 p.m.
Present
:Mayor Hendrickson and Council members Sorensen, Vetschand Wagner
Absent:
Council memberOlson
Others Present:
City Administrator/PWD Adam Nafstad
1.Temporary Liquor License for St. Michael Lions Club for the STMA Youth Hockey
Association’s Annual “A Knight to Remember” Event
A brief discussion was had regarding licensee, status of liquor liability insurance, state
requirements and timeline for intoxicating liquor license, and fee associated with request
for special meeting.
Motioned by Sorensen, seconded by Wagner, to approve a one day Temporary 3.2 Malt
Beverage and a one day Temporary Intoxicating Liquor License for the St. Michael
Lions Club for the STMA Youth Hockey Association’s annual “A Knight to
Remember” event, conditioned on proof of liquor liability insurance, and to waive the
$150 special meeting fee. Ayes: Hendrickson, Sorensen, Vetsch and Wagner. Nays:
None. Absent: Olson. MOTION DECLARED CARRIED.
2.ADJOURNMENT
The meeting adjourned at 8:10 p.m.
Respectfully submitted,
____________________________________
Adam Nafstad,Administrator
ST. MICHAEL-ALBERTVILLE ARENABOARD MINUTES
April 8, 2013
6:00 p.m.
Present:
ChairmanJeff Lindquistand Members, Dan Wagner,Gayle Weber, Kevin Kaseland Chris
Schumm were present. Member Larry Sorensenwas absent. Also present: City Administrator/PWD
Adam Nafstad,City Finance Director Tina Lannes, Arena Manager Grant Fitch and Youth Hockey
Association Representatives,Tammy Tupper, Kurt Sjelin, Scott Berning, Adam SmiglewskiandMike
Marhula. The meeting was called to order at 6:04 p.m. by Chairman Lindquist.
Set Agenda
One addition to the agenda under New Business was requested by Adam Nafstad to discuss the agenda
for the STMA Arena Board’s presentation and what the Youth Hockey Association plans to add to that
moved
for the Joint Meeting on April 29, 2013. Members Schumm/Weber to set the agenda as
amended. All voted aye.
Approval of Minutes
moved
Members Schumm/Weberto approve the minutes of the March11, 2013 Board Meeting.All
voted aye.
Finance Reports
moved
Members Schumm/Kaselto approve the March2013 list of claims in the amount of $26,677.37
and the March Financial Report as presented. All voted aye.
Arena Manager’s Report
Hours: Fitch reported that ice hours rented were at 107.25 hours and stated this is the time of the year
where ice rental starts to go down and the ice is being removed on April 9, 2013.
Roof: Fitch provided a brief update regarding the roof and noted Tom Betti of 292 Design Group
came over to the arena and found the insulation on the north side was wet throughout 10-12 inches and
the south side was wet on the top 2-4 inches. Fitch stated the problem seems to be a condensation
issue between the moisture barrier and the metal roof. Staff is waiting for a report summarizing the
findings and proposing next step options. The Board directed staff to check if there is any recourse
from contractors and also to go back to the League and see if there is a supplement to the original
claim and report back to the Board in May.
Franklin: Fitch informed the board that Franklin Outdoor Advertising sold the Olympia spot to AAA
Movers and it was installed on Friday, March 22, 2013.
th
Summer Ice: Fitch reported that booked summer ice, as of April 8, is 219.5 hours.
Ice Out: Fitch explained that the ice will be back in and open for use as of June 8, 2013 for the
Friendly City Days Men’s 4 on 4 tournaments. While the ice is out,there are plans for maintenance
such as painting, cleaning and minor repairs. The Board asked if the City receives any community
service hours and if the City hears of any the Arena could use hours year round even for cleaning.
Old Business
Advertising: Lannes reported that the current contract with Franklin Outdoor Advertising expires
August 2, 2013. It is anautomatically renewing contract for a three year term so if the Board decides
that Youth Hockey is going to take over the arena advertising, a letter of termination of the contract
must be received by Franklin Outdoor Advertising no later than July 1, 2013. There are currently two
options for the Board in regards to advertising. Option one is to continue/renew the contract with
Franklin Outdoor or Notify Franklin Outdoor of contract termination and allows Youth Hockey to take
over advertising. Adam Smiglewski reported that Youth Hockey is ready to go when the contract
expires. The Board directed Lannes and Smiglewski to meet and work with Franklin Outdoor on how
STMA Ice Arena
April 8, 2013Minutes
Page 2
the transition would take place. Lannes and Nafstad are having the contract reviewed by the City
Attorney.
nd
2Sheet Feasibility: The Ballard King Feasibility Report was included in the packet. Nafstad stated
that the report doesn’t prove favorable toward a second sheet of ice. He believed that Mr. King did a
good job and listened to all the concerns from different parties including Youth Hockey. Also, Nafstad
mentioned that the report does show the need for ice time, but demonstrated with figures that it could
not fund the debt service of an expansion. Chairman Lindquist noted that the report shows that
operationally, according to the report, a second sheet could be supported, but not debt costs, which
leaves the building financing to be paid by the three entities. Chairman Lindquist opened it up to the
Board for comments and/or questions on the study. Weber stated that it was no surprise that we
couldn’t fund the debt service. Kasel noted the downward pressure mentioned in the report on ice rates
if we add a second sheet and talked about operations, both revenues and expenses projected for a
second sheet, and depreciation funding. Wagner questioned if there could be another revenue stream
not factored in from other rentals or associations that were too difficult to project. Schumm had no
comments. Chairman Lindquist then opened it up to comments from Youth Hockey Association on
the report. Mr. Sjelin reported that we are the largest hockey association in District 5 and largest
retention of players in the district. The associationis still growing and they are not doing any
recruitingbecause they don’t have the ice time and Youth Hockey really needs a second sheet of ice.
Youth Hockey stated that they did not get a call back from King to discuss the report and request
revisions. Sjelin believes there are some holes in the report that Youth Hockey wants to plug and
would like to see some revisions. Sjelin thought this was based on a $4 Million arena and that is not
what the association wants or needs, they need just a sheet of ice with a shell. Nafstad mentioned that
the $4 Million figure is the bare bones arena;it doesn’t include concessions, bleachers, or locker
rooms. Sjelin mentioned that the interest rate is high on the bond that Mr. King used. Lannes
expressed that was the current rate for a Revenue Bond, however, a G.O. Bond is lower. In addition
Lannes mentioned that the report puts the term of the revenue bond at 30 years and the City doesn’t
use that long of a term so the actual debt service number would go up, but if the project is smaller, the
two numbers in the report that would change are debt service and depreciation. The Youth Hockey
doesn’t feel this report represents their needs. Sjelin mentioned a sprung structure and have the City
of Albertville loosen up the restrictions for such a building to be put up for a second sheet of ice.
Youth Hockey is looking for direction on how to proceed with a second sheet of ice. Schumm
mentioned doing a referendum. Sjelin stated they have thought about it and are working with other
associations, different sport activity groups, but they really need someone to head that type of activity
and have the cities on board to support the plan and help get direction. Mr. Kasel stated that he would
be reluctant to support a referendum in a non-election year.
Chairman Lindquist directed staff look into why Mr. King did not call back the Youth Hockey
Association.
The board continued the discussion with Youth Hockey about financing, referendums, support, and the
need for a second sheet of ice.
Youth Hockey asked if they could add their funds to the thermometer. The Board mentioned the funds
need to be given to the Board and deposited into a separate account that is interest bearing. The
thermometers are what the STMA Arena Board put in each City to show the funds received toward the
second sheet of ice and due to public perception, the thermometers cannot be changed until the funds
STMA Ice Arena
April 8, 2013Minutes
Page 3
are deposited into the STMA Arena Second Sheet of Ice Money Market Account. The funds
represented on the thermometer need to be inclusive, dedicated and audited.
The Board directed staff to coordinate with Ballard King and Youth Hockey and bring back suggested
report revisions for Board review and further discussion.
New Business
It was determined after the discussion of the Ballard King Report that the study will not be discussed at
the joint meeting on April 29, 2013.
Youth Hockey Association Update
No additional updates
Adjourn
moved
Members Schumm/Lindquist to adjourn at 7:26 p.m. All voted aye.
Attest:
__________________________________
Tina Lannes, City Finance Director
Mayor and Council Request for Action
May 1, 2013
SUBJECT: C(Finance)–PB
ONSENT AYMENT OF ILLS
RECOMMENDATION:
It is respectfully requested that the Mayor and Council consider the
following:
MOTIONTO:MONDAY, May 6, 2013
Authorize the payment of the claimsas presented
except the bills specifically pulled, which are passed by separate motion.The claims listing has
been provided to Council as a separate document. The claims listing is available for public
viewing at City Hall upon request.
BACKGROUND:
The City processes claims on a semi-monthly basis. The bills are approved
through their respective departments and administration and passed onto the City Council for
approval.
KEY ISSUES:
Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded)and key
issues will be presented in the claims listingdocument.
POLICY/PRACTICESCONSIDERATIONS:
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
Submitted through:
Adam Nafstad, City Administrator
Attachment:
List of Claims(under separate cover)
RCA).doc
M:\Public Data\City Council\Council Packet information\2013\050613\05 06 2013 Finance Bills Report (
Meeting Date: May 6, 2013
Mayor and Council Request for Action
May 2, 2013
SUBJECT: CA–CC–S.MLCT
ONSENT GENDAITY LERK TICHAEL IONS LUB EMPORARY
3.2%MLL
ALTIQUOR ICENSE
RECOMMENDATION:
It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO:
Approve two (2) One-Day Temporary 3.2% Malt Liquor Licenses for the St.
Michael Lions Club for the 2013 “Kick for a Cure” fundraiser on May 18-19, 2013 contingent
upon receipt of application and fees.
BACKGROUND:
This is the second application submitted by the St. Michael Lions Club this
year. These liquor licenses are for the annual Kick for a Cure kickball tournament to raise funds
for cancer research. The event is organized by the family of Tom Barthel. The tournament will
occur on May 18 and 19, 2013 at Central Park.
KEY ISSUES:
The St. Michael Lions Club holds the appropriate liquor liability coverage
th
This will be the 5Annual fundraiser for cancer research
.
FINANCIAL CONSIDERATIONS:
There is minimal financial revenue collected from the
applicant for liquor licensing.
LEGAL CONSIDERATIONS:
The Mayor and City Council have the authority to review and
approve or deny any liquor license.
Department/Responsible Person:
Kimberly Olson, City Clerk
Submitted through:
Adam Nafstad, City Administrator
M:\Public Data\City Council\Council Packet information\2013\050613\05 06 2013 Kick for a Cure Temp 3.2 Liquor License - draft.doc
Meeting Date May 6, 2013
Mayor and Council Request for Action
May 2, 2013
SUBJECT:LEASE OF OLD PUBLIC WORKS BUILDING TO SOCCER CLUB.
RECOMMENDATION:
It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO:
Approve the attached lease of the building located at 5964 Main Avenue NE to
the STMA United Soccer Club.
BACKGROUND:
The Old Public Works building is located across the street from the current
City Hall just north of the post office. For many years this building housed City Hall, the Fire
Department and Public Works. When the old medical building immediately north of the current
City Hall was acquired by the City and turned into a City Hall in the mid-1990s, the office
portion of the original City Hall was used for storage and was used by community groups such as
the Lions. When the Fire Department moved out in 1999, Public Works took over the space
occupied by the fire trucks and the building was predominately used by the public works
department. When a new Public Works Building was constructed in the mid-2000’s, the office
portion of the Old Public Works Building was rented out when tenants could be found (it was
most recently used as a job shack for the I-94 project), but the garage portion has continued to be
used for storage of miscellaneous City Equipment, the Albertville Friendly City Days Float, and
as a storage/staging area for Public Works to keep and deploy equipment used to maintain the
parks.
The City was recently approached by the local Soccer Club which is looking for a place to rent.
They areinterested in the entire Old Public Works Building to use as office space and as an
indoor soccer practice area (the garage will be used as the practice area). The Soccer Club’s use
would require the City to vacate the entire building and find a new location for the equipment
currently stored there.
The Soccer Club had an architect review the building and determine what improvements needed
to be done to bring the building into compliance with current sprinkler codes and handicapped
accessible codes and to repair the major systems necessary (such as the HVAC system) to make
the building rentable. The estimated cost to make these improvements is $80,425. In addition,
the Soccer Club estimates that it will invest an additional $20,000 to $25,000 in soccer-specific
improvements to the building (these improvements will likely not have any use to the City after
the Soccer Club vacates the building and will probably be removed by them when they vacate
the building).
City Staff has negotiated a tentative lease with the Soccer Club that has the following main
provisions:
M:\Public Data\City Council\Council Packet information\2013\050613\Draft RCA re old public works building lease 5-6-13.doc
Meeting Date: May 6, 2013
Mayor and Council Request for Action –PROPOSED LEASE OF OLD PUBLIC WORKS
BUILDING TO SOCCER ASSOCIATION.
May 2, 2013 Page 2 of 3
5 year lease, with the Soccer Club having a right of first refusal if the City leases it to
someone else within six months of the expiration of this lease.
Rent is $2,350 per month ($28,200 per year) over each of the five years of the lease.
The City will hire the contractor to make the improvements identified by the architect.
The City will pay $55,425 of the improvements and the Soccer Clubwill pay the
remaining$25,000 of the $80,425 improvement cost once the City signs a contract for the
improvements.
The City will recover its $55,425 out of the first 24 months rent, which the Club will
begin paying as soon as an occupancy permit is issued.
The Soccer Club will recover its $25,000 by not paying rent for approximately 11 months
beginning in month 25.
If there are cost overruns, the City will cover those up to an additional $20,000 ($100,000
total project cost), which in turn will be recovered from rent.
The City will pay for building casualty insurance and all real estate taxes.
The Soccer Association will maintain the building during the lease; the City will clear the
snow from the sidewalks and driveway/parking areas.
The City will maintain building casualty insurance (and its own liability coverage). The
Soccer Club will insure its own contents and will provide the City with a $1,000,000
liability insurance policy.
All improvements (other than the soccer-specific improvements) will become the
property of the City at the end of the lease.
The lease contains cancellation clauses under which the City or the Soccer Club can
cancel the lease if the construction costs increase beyond certain points.
KEY ISSUES:
Assuming the improvements come in on budget, the City will net about $46,000 in cash
over the life of the lease, plus the City will end up with a building that is up to code and
can be rented to any use that fits the zoning code without further upgrade to the building.
Cost overruns will eat into the City’s $46,000 net on a dollar-for-dollar basis.
Currently the building is costing the City approximately $6,700.00per year to maintain.
That cost will drop to approximately $3,650.00 per year under the leaseas the Soccer
Club picks up the utility andmaintenance costs.
Without significant upgrades to the building, the building cannot be leased.
The City will need to come up with between $55,000 and $75,000 (if quotes come in
higher than estimated) initially to make the improvements to the building.
The City will need to find alternative locations for materials currently stored in the
building, including maintenance equipment and Friendly City Days Float.
There will be an added measure of inconvenience to the City’s Public Works Department
and likely additional time will be needed to perform certain maintenance tasks in the
parks depending upon where the maintenance equipment ends up being stored.
If we do not rent the building relatively soon, the City may see its insurance premiums
for this building increase dramatically as it may be classified as a “vacant” building,
which represents a much higher risk category under the League’s insurance policy.
M:\Public Data\City Council\Council Packet information\2013\050613\Draft RCA re old public works building lease 5-6-13.doc
Meeting Date: May 6, 2013
Mayor and Council Request for Action –PROPOSED LEASE OF OLD PUBLIC WORKS
BUILDING TO SOCCER ASSOCIATION.
May 2, 2013 Page 3 of 3
The City retains the right to cancel the lease and not construct the improvements if the
estimated costs come in over $100,000 ($75,000 to be paid by the City) once contractor
quotes are obtained.
POLICY/PRACTICESCONSIDERATIONS:
The City will need to balance the
improvements to the building and the cash flow from the rent against the inconvenience and
additional time that it will take Public Works to maintain the park once its equipment has been
moved.
FINANCIAL CONSIDERATIONS:
See the Key Issues section above. Although this lease
will require an initial cash outlay by the City of approximately $55,000, all of that will be
recouped in rent and an additional $51,000 in additional rent is projected to be realized over the
course of the lease.
LEGAL CONSIDERATIONS:
The City Council has the authority to rent the Old Public
Works Building to the Soccer Association. There may be little or no practical recourse against
the Soccer Club if it were to breach the lease, as there is no one person or other financial entity
standing behind the Soccer Club that the City can turn to for damages resulting from a breach.
Department/Responsible Person:
City Attorney/Mike Couri, Administrator/Adam Nafstad
Submitted Through:
Adam Nafstad, City Administrator
Attachments:
May 1, 2013 Public Works Memo Regarding Building Use
Lease Agreement
M:\Public Data\City Council\Council Packet information\2013\050613\Draft RCA re old public works building lease 5-6-13.doc
Meeting Date: May 6, 2013
Memorandum
To:
Honorable Mayor and City Council Members
From:
Tim Guimont, Public Works Supervisor
RE: 5964 Main Avenue (Old Public Works Shop)
Date:
May 1, 2013
In regards to the discussions of the potential lease of the Old Public Works Garage, this memo is offered
to explain the current general use of the building.
With the exception of theAFCD parade float, the building is utilized primarily during the winter months.
Public Works stores various pieces of equipment in the building for ease of access to City Hall, Central
Park and the downtown area. Equipment housed in the building includes: the Bobcat and attachments
(12’ and 8’ straight revisable blades, snow blower, dirt and snow bucket); the Kabota tractor and
attachments (snow blower and back blade); the John Deere and attachments (snow blower and back
blade). Outside, in the rear of the building, the V plow is stored.
Early in the season or on lighter snow falls the John Deere tractor with the V plow may go out. Later in
the year or on heavier snow falls the Kabota with snow blower will do the sidewalks and the John Deere
with snow blower will go to the hockey rink. The Bobcat with blade and/or bucket is also used at the
rinks.
During a typical snow event, the man assigned to the downtown route will start with the Bobcat and the
12’ blade, andwill plow: City Hall, the Fire Hall, front and back of Old Public Works, the lot behind City
Hall, as well as, push back some of the sidewalks on Main Avenue NE. This is generally followed by the
snow bucket for city hall and the downtown Main Avenue NEsidewalks. For heavy snow falls, the
blower is used. Final cleanup may include multiple pieces of equipment/attachments. Equipment housed
at the old facility is also used to assist with snow removal on the trails throughout town.
th
Salt is purchased from the County garage on 70; however, left over salt is stored in the salt shed on the
backside of the building. On-hand salt is typically used for immediate ice control when needed or may be
used for a full-load when there is enough on-hand. The Bobcat is used to load the plow trucks.
The AFCD parade float is stored in the building year round. Over the course of the year, generally spring
and summer, the parade folks decorate and work on the float inside the facility.
Staff will be available at the May 6 meeting to answer any questions regarding the use of the building.
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
LEASE BETWEENTHE CITY OF ALBERTVILLE AND
STMA UNITED SOCCER CLUB
THIS AGREEMENT, made this _____ day of May, 2013, by and between City of
Albertville (“City” or “Lessor”) a municipal corporation under the laws of the State
,
of Minnesotaand the St. Michael-Albertville Soccer Club, d/b/a STMA United
Soccer Club, a Minnesota non-profit corporation, (Lessee), to rent office space from
the City at its former PublicWorks facility located at 5964 Main Avenue NE,
Albertville, MN 55301.
WHEREAS, The Lessor in consideration of the rents and covenants hereinafter
mentioned, does hereby demise, lease and let unto the Lessee, and the Lessee does
hereby hire and take from the Lessor the following premiseslocated at 5964Main
Avenue, Albertville, Minnesota 55301(“Leased Premises”).
NOW, THEREFORE, in consideration of the foregoing and mutual promises and
covenants set forth, the parties hereby agree as follows:
1.LEASED PREMISES
The City leases to Lessee the Leased Premises, including the office and
shop portions of the building and the parking areas located on the Premises.
2.TERM
The Term of this Agreement shall befor fiveyearscommencing onthe date
that a temporary or permanent occupancy permit is issued following the
completion of the installation of the General Improvements as required in
paragraph 5.A.1below.
3.AUTHORIZED USE
The City grants to Lessee the exclusive use ofthe Leased Premises for use as
an indoor soccer practice area and local soccer association offices only. The
Leased Premises shall be used and occupied by Lessee only for the uses
specified in this Agreement. Lessee is prohibited from any use of the Leased
Premises not specifically permitted under this Agreement without the prior
writtenapproval of the City,such approval to be given at the City’s sole
1
discretion.
4.RENT, FEES AND CHARGES
A. Rent shall be in the form of building improvements and
monthly rent payments as follows:
1.Monthly rent on the Leased Premises shall be $2,350.00 per
month, subject to the building improvement credit set forth in
paragraph 4.A.2below, plus other rental expenses as set forth
in this paragraph 4. Lessee’s first monthly rent payment shall
be due on the day a temporary occupancy permit is issued as set
forth in paragraph 2 above.
2.Lessee shall continue paying rent monthly until such time as
the City has received rent in an amount equal to the total cost of
installing the General Improvements described on Exhibit A,
less the Lessee’s Contribution described in paragraph 5.A.4
below. This net City cost shall hereafter be referred to as the
“Reimbursed Construction Cost”. Once the City has received
rent equal to the Reimbursed Construction Cost, the Lessee’s
obligation to pay rent to the City under this Lease shall be
suspended for the period of months equal to the Lessee’s
Contribution set forth in paragraph 5.A.4 divided by $2,350.00.
For example, if Lessee’s Contribution is $23,100, Lessee’s rent
would be suspended for 9.8 months ($23,100/$2,350). Lessee
shall resume paying rent to the City upon the expiration of such
rent suspension.
3.The City shall be responsible for paying all payments in lieu of
real estate taxes required to be paid to Wright County.
4.Rent shall be paid to Lessor in advance on the first day of the
term of this lease and on the same day of each succeeding
month. Payment shall be sent to the City of Albertville’s
Finance Director, or such other such person as Lessor may
specify, and that said Lessee will keep and maintain the Leased
Premises during the aforesaid term, and quit and deliver up the
Leased Premises to the Lessor at the end of the aforesaid term
or at any previous termination thereof for any cause, in as good
order and condition and state of repair, reasonable use and
2
wearing thereof excepted, as the same now is or may be put by
the Lessor.
B. Utilities
TheLessee shall be responsible for paying all utilities consumed
during the term of the lease, including electric, gas, garbage, cable and
phone/internetand for insuring its own belongings. The City shall
pay reasonable water and sewer bills. Payments under this
subparagraph shall not be subject to the rent suspension contained in
paragraph 4.A.2.
C. Interest and Late Fees
Lessee shall pay a penalty for late or delinquent payments during the
Term of this Agreement and any extensions of twelvepercent per
annum on the balance of the unpaid amount calculated from the date
the amount is due until the close of the business day upon which the
delinquent payment is received by the City.
D. Security Deposit
Lessee shall provide the City a security deposit of $2,350.00
(“Lessee Security Deposit”)before taking possession of the Leased
Premises. The Lessee Security Deposit will be returned to Lessee
when this Agreement is terminated unless the City chooses to apply
it to unpaid rent or other damages. Tenant’s Security Deposit will
accrue no interest.
If Lessee defaults with respect to any provision of this Agreement,
the City may use, apply or retain all or any part of Lessee Security
Deposit for the payment of any rent or other sum in default and any
amounts the City may spend by reason of Lessee’s default to the full
extent permitted by law. If any portion of Lessee Security Deposit is
so used, Lessee shall, within ten (10) days after written demand
therefore, deposit with the City, in a form acceptable to the City, an
amount sufficient to restore Lessee Security Deposit to the
aforementioned amounts, and Lessee’s failure to do so shall be a
material default and breach ofthis Agreement. The City shall not be
required to keep any security deposit separate from its general funds,
and Lessee shall not be entitled to interest on any such deposit.
3
E. Right of First Refusal.
The City grants Lessee a 10-day right of first refusal on any lease the
City proposes to enter into for the Leased Premises in the first six
months following the expiration of this Lease. Upon the expiration
of this Lease, it if is not renewed between Lessee and City, the City
may seek to lease the LeasedPremises to any other party. At least
10 days prior to the City entering into a lease agreement with a non-
governmental third partyfor the entire Leased Premises, the City
shall provide written notice to Lessee of its intention to lease the
Leased Premises to such party. Such notice shall include the
relevant terms of such proposed lease. The Lessee shall have 10
days to elect to lease the premises from the City under the same
terms as contained in the proposed lease to the third party. This
right of first refusal shall be in effect for the first six months
following the expiration of this Lease. Such right of first refusal
shall not arise in the event the City terminates this lease due to
Lessee’s default on the terms of this Lease. This right of first refusal
shall expire upon the earlier of 1) six months after the expiration of
the term of this Lease; or 2) upon the termination of this Lease by
the City for Lessee’s default under the terms of this Lease.
5.LEASEHOLD IMPROVEMENTS
A. Installation/Construction of General Improvements.
1. Subject to the terms of this Paragraph 5, the City shall
construct the general building improvements to the Leased
Premises described on the attached Exhibit A (“General
Improvements”). The City shall solicit bids or at least two
quotes consistent with Minnesota law for the work to be done.
The City shall proceed with reasonable diligence to enter into
a contract for such work and shall use reasonable efforts to
complete such work by ________________, 2013. Such
General Improvements shall become the property of the City
upon their installation and shall remain the property of the
City upon the termination of this lease. The Leased Premises
shall be considered ready for occupancy by Lessee when the
City has obtained a temporary or permanent occupancy
permit following the installation of the General
Improvements.
2. The City shall not be obligated to construct the General
4
Improvements if the total cost of such General Improvements,
including architectural fees, engineering fees and construction
costsis estimated to exceed $100,000.00. In such event, the
City may either waive its right to terminate this lease and
elect to construct said General Improvements or cancel this
lease by serving written notice of cancellationon Lessee
within 14 days of presentation of such estimated costs to the
City Council at a regular City Council meeting. In the event
the City cancels this lease, both the City and the Lessee shall
be released from all obligations of this lease.
3. The Lessee may terminate this lease if the total cost of such
General Improvements, including architectural fees,
engineering fees and construction costs is estimated to exceed
$105,600.00, provided Lessee delivers written notice to the
City of such termination within 7 days of the City providing
Lessee with written notice that the estimated costs of the
General Improvements exceed such amount. In the event the
Lessee cancels this lease, both the City and the Lessee shall
be released from all obligations of this lease.
4. At the time of the execution of this lease, the parties estimate
that total costs of the General Improvements will be
$80,425.00. The City shall pay $55,425 of this amount and
the Lessee shall pay $25,000 of this amount. Lessee shall pay
the City said $25,000 within 10 days of the award of
construction bids or acceptance of a construction quote by the
City Council. In the event the total costs of the General
Improvements exceed $80,425.00 the City shall pay the
additional costs of such construction, subject to the City’s
right to cancel this lease if estimated costs of such
construction exceed $100,000.00. If the estimated costs to
install the General Improvements exceed $100,000.00 and the
City terminates this lease after the Lessee haspaid the City
said $25,000.00, the City shall rebate said $25,000.00 to
Lesseewithin 30 days of such termination by the City. In the
event the total costs of the General Improvements are less
than $80,425.00, then the Lessee shall pay the City 31.085%
of the total costs of the General Improvements. The amount
paid to the City by Lessee under this subparagraph shall be
referred to as “Lessee’s Contribution.”
5
5. The City shall obtain all permits necessary to install the
General Improvements.
B.Soccer-Specific Improvements.
Lessee shall install soccer-specific improvements consisting of those
items identified on the attached Exhibit B. The costs of such
installation shall be at Lessee’s sole expense, and Lessee shall be
responsible for obtaining all necessary permits to install such items.
Upon termination of this Lease, Lessee shall remove such soccer-
specific improvements and shall repair any damage caused by the
installation and removal of such soccer-specific improvements.
C. Liens
Lessee shall: 1) keep the Leased Premises free and clear from all
liens for labor performed and materials furnished on behalf of
Lessee; and 2) defend, at Lessee’s cost, each and every lien asserted
or filed against the Leased Premises, or against this Agreement and
any improvement on behalf of Lessee on the Leased Premises and
pay each and every judgment resulting from such lien.
D. Title to Improvements and Structural Alterations
All personal property shall be removed by Lessee upon termination
of the lease term. Any improvements or property that remains on the
Leased Premises after this time shall become the property of the
City.
6.MAINTENANCE OBLIGATIONS
A. City Obligations
The City shall maintain the grass and shrubs outside the building and
shall clear snow and ice fromthe sidewalks, entryways to the
building, and parking lot.
B. Lessee’s Obligations
Lessee shall be obligated, without cost to the City, to maintain all
6
portions of the Leased Premises not maintained by the City per
paragraph 6A above. Lesseeshall keep the Leased Premises in good
appearance, repair, and safe conditionat all times. Lessee shall be
responsible for all janitorial service and garbage removal.
7.DAMAGE TO OR DESTRUCTION OF LEASED PREMISES
A. Repair
All damage or injuries to the Leased Premises and to fixtures,
appurtenances, and equipment by Lessee, moving property in or out
of the Leased Premises or by installation, removal of furniture,
fixtures, equipment, or other property by Lessee, or resulting from
any other cause of any other kind or nature whatsoever due to
carelessness, omission, neglect, improper conduct, or other causes of
Lessee, or their subtenants, invitees, agents, or employees shall be
repaired, restored, or replaced promptly by Lessee within fifteen (15)
days at its sole cost and expense to the satisfaction of the City. The
City will notify Lessee in writing if the City determines repairs must
be made. No rent shall abate if damage resulted from any act of
Lessee or their subtenants, invitees, agents or employees. If repairs
are not made within fifteen (15) days of the notification of the
damage, and the City was not responsible for the damage, the City
will notify Lessee in writing that the City will make the repairs and
charge Lessee the current hourly rate for labor and materials at cost,
unless otherwise agreed to. An administrative overhead charge of
fifteen percent (15%) shall beadded to the total cost (employee plus
material cost) of the billing. Additional interest at the rate of
eighteen percent (18%)per year shall accrue if the sum is not paid
within five (5) days after rendition of a bill or statement therefore. If
the City and its employees or agents damage the Leased Premises
through their gross negligence or intentional act, the City will be
solely responsible for the repairs.
If damage occurs that is not the fault of Lessee, or any of its
subtenants, invitees, agents, or employees in any way making the
Leased Premises unusable, rent and all other charges shall be abated
on a per day pro-rated basis during the time the Leased Premises are
unusable.
B. Exceptions from Liability
The City shall not be liable or responsible to Lessee for any damage
or destruction to Lessee's property from any cause other than the
City’s own intentional or negligent acts.
7
8.INDEMNIFICATION AND INSURANCE
A. Indemnification
To the fullest extent permitted by law, Lessee does hereby covenant
and agree to indemnify and hold harmless the City and its Council
Members, officers, agents and employees (collectively
“Indemnitees”) from and against any and all liabilities, losses,
damages, suits, actions, claims, judgments, settlements, fines or
demands of any person arising by reason of injury or death of any
person, financial loss, or damage to any property, including all
reasonable costs for investigation and defense thereof (including, but
not limited to, attorney’s fees, court costs and expert fees) of any
nature whatsoever arising out of or as a result of Lessee’s operation
at or about the Leased Premises, or the acts or omissions of Lessee’s
officers, agents, employees, contractors, subcontractors, licensees or
invitees, regardless of where the injury, death or damage may occur.
The City shall give Lessee reasonable notice of any such claim or
action. In indemnifying or defending an Indemnitee, Lessee shall
use legal counsel reasonably acceptable to the City. The City, at is
option, shall have the right to select its own counsel or to approve
joint counsel as appropriate (considering potential conflicts of
interest) and anyexperts for the defense of claims. Lessee, at its
expense, shall provide to the City all information, records,
statements, photographs, video, or other documents reasonably
necessary to defend the parties on any claims.
This provision shall survive expiration or earlier termination of the
Agreement. The furnishing of the required insurance hereunder
shall not be deemed to limit Lessee’s obligations under this
Agreement.
As a distinct and separate indemnification obligation, Lessee shall
defend, indemnifyand hold the City harmless from any claims or
liabilities as a result of Lessee’s failure to procure and to keep in
force the insurance required as part of this Agreement.
Lessee shall not use or permit the Leased Premises to be used in any
manner that would void Lessee or the City’s insurance or increase
the insurance risk. Lessee shall comply with all requirements
imposed by the insurers for the City and Lessee.
B.City Insurance
8
During the term of this Lease, the City shall insure the building and
all fixtures belonging to the City against fire and other casualty. The
City shall pay all premiums to obtain and keep in force such
insurance coverage. The City shall not be obligated to insure
Lessee’s contents.
C.Lessee Insurance
During the term of this Lease, Lessee shall maintain in force a
liability insurance policy from an insurer licensed to do business in
Minnesota naming the City as an additional insured with the
following minimum liability limits: $500,000 per person for
personal injury or death and $1,000,000 per occurrence for personal
injury or death or damage to property. Prior to occupancy of the
Leased Premises and annually thereafter Lessee shall present the
City with certificates of insurance evidencing the required insurance.
Lessee shall be responsible for providing its own contents and
renter’s insurance.
9.COMPLIANCE WITH LAWS
A. Compliance with Laws
Lessee, at its sole expense, shall promptly comply with and conform
to all present and future laws, ordinances, regulations, and
requirements of federal, state, county, and other government bodies
of competent jurisdiction that apply to or affect, either directly or
indirectly, Lessee’s use and occupation of the Leased Premises, and
with any lawful order or direction of any public officer relating
thereto and operations and activities under this Agreement. The City
shall have the right to and shall adopt and enforce reasonable rules
and regulations with respect to the use of the Leased Premises and
related facilities, which Lessee must observe and obey.
B. Notices of Violation
Lessee shall notify the City within two (2) Business Days of any
notices of violation of any laws, ordinance, rule, regulation or order.
9
10.DEFAULT
A. Events of Default
Any of the following shall constitute a default of this Agreement by
Lessee.
1.Lessee is in arrears in the payment of rent for a period of five
(5) days after written notice of default from the City.
2.Lessee fails to operate the Leased Premises as required, or
Lessee fails or neglects to do or perform or observe any of the
covenants contained herein on its part to be kept and
performed and such failure or neglect shall continue for a
period of not less than thirty (30) days after the City has
notified Lessee in writing of Lessee’s default hereunder and
Lessee has failed for reasons other than those beyond
Lessee’s control to correct such default within said thirty (30)
days (such thirty (30) day notification period shall not be
construed to apply to any default in payment of rent).
3.Lessee shall be declared to be bankrupt or insolvent according
to law, or if any assignment of its property shall be made for
the benefit of creditors.
4.Lessee fails to maintain the required insurance for any time
period as required under this Lease.
B. The City’s Rights Upon Default
The City, or those having an estate in the Leased Premises, may take
any of the remedies set forth in the following subsections.
1.Immediately, or at any time thereafter, without further notice
to Lessee, but in compliance with applicable law, re-enter into
orupon the Leased Premises or any part thereof and take
possession of the same fully and absolutely without such re-
entry working a forfeiture of the rents or other charges to
Lessee for the full Term of this Agreement, and in the event
of such re-entry, The City may proceed for the collection of
the rents or other charges to be paid under this Agreement or
for properly measured damages; or
2.The City may, at its election, terminate this Agreement upon
written notice in the manner hereinafter provided and re-enter
Leased Premises as of its former estate therein, and Lessee
covenants in case of such termination to remain responsible to
10
the City for all loss of rents and expense including reasonable
attorneys fees which the City has suffered or paid by reason
of termination, during the residue of the Term; or
3.The City shall further have all other rights and remedies
including injunctive relief, ejectment or summary proceedings
in unlawful detainer, and all such remedies shall be
cumulative.
11.RIGHT OF ENTRY
The City, its officers, agents, and employees shall have the right, without
limitation, throughout the Term of this Agreement to enter upon the Leased
Premises for any lawful purpose, including the purpose of determining
whether Lessee is complying with its obligations herein.
Such entry by the City shall not be deemed to excuse Lessee's performance
of any promise, term, condition, or covenant required of it by this
Agreement, and shall not be deemed to constitute waiver thereof by the
City.
12.QUIET ENJOYMENT
So long as Lessee is not in default in its obligations hereunder, the City
covenants and agrees that Lessee shall have, hold and enjoy peaceful and
uninterrupted possession of all of the Leased Premises, subject to Lessor’s
right of entry set out herein.
13.GENERAL PROVISIONS
A. Sublease or Assignment
Lessee shall not sublease, transfer, assign or allow any other person
or entity operating rights under this Agreement without the City’s
prior written consent, which consent shall not be unreasonably
withheld, provided, however, that no such consent shall be necessary
if Lessee subleases to a local youth athletic group that uses the
facility for athletic training. This Agreement is binding on all legal
representatives, successors or assigns. Consent is subject to payment
of all rents and the performance of all covenants, conditions and
terms contained in this Agreement by Lessee. In no case shall the
City be obligated to consent to any sublease, transfer or assignment.
A sublease of the premises by Lessee shall notrelease Lessee from
the obligations of this Lease without the written consent of the City.
11
B. Minnesota Law and Jurisdiction
The laws of the State of Minnesota shall govern this Agreement.
Lessee further consents to the jurisdiction of the Minnesota state
courts.
C. Severability
If any term, condition, or provision of the Agreement or the
application thereof to any person or circumstance shall, to any
extent, be held to be invalid or unenforceable, the remainder thereof
and the application of such terms, provisions, and conditions to
persons or circumstances other than those as to whom it shall be held
invalid or unenforceable shall not be affected thereby, and the
Agreement and all the terms, provisions, and conditions hereof shall,
in all other respects,continue to be effective and to be complied with
to the full extent permitted by law.
D. Accord and Satisfaction
No payment by Lessee of a lesser amount than the rent or other
payments required in this Agreement shall be deemed an accord and
satisfaction. The City shall accept such payment without prejudice
to the City’s rights to recover the balance of rent and/or payments
due or to pursue any other remedy.
E. Attorney’s Fees and Costs
In the event of any default of this Agreement, Lessee shall reimburse
the City for all reasonable and documented fees and costs incurred
by the City including reasonable attorney’s fees, relating to such
default and/or the enforcement of the City’s rights hereunder.
F. Relationship of Parties
It is understood and agreedthat nothing in this Agreement is
intended or shall be construed as in any way creating or establishing
the relationship of co-partners hereto, or as constituting Lessee as the
agent, representative or employee of the City for any purpose or in
any mannerwhatsoever. Lessee is to be and shall remain an
independent Lessee with respect to all services performed under this
Agreement.
G. Headings
The headings incorporated in the Agreement are for convenience in
reference only and are not a part of the Agreement and do not in any
way limit or add to the terms and provisions hereof.
12
H.Waiver
The waiver or breach by Lessee or the City of any term of this
Agreement shall not be deemed a waiver of any subsequent breach
of the same term or any other term of this Agreement.
I. Entire Agreement
This represents the entire agreement between the parties. This
Agreement may only be modified if done in writing and executed by
both parties.
K.Return of Leased Premises
Upon expiration or termination of this Lease, Lessee shall return the
Leased Premises to the Lessor in substantially the same condition as
when Lessee took possession (but with modifications to the Leased
Premises as approved by the Lessor), normal wear and tear excepted.
IN WITNESS WHEREOF, the parties hereto signed and executed this instrument
the day and year first above written, but effective as of the date set forth in Article
2.
CITY OF ALBERTVILLE
Date: __________________, 2013
By:______________________________
Its:______________________________
ST. MICHAEL-ALBERTVILLE
Date: __________________, 2013
SOCCER CLUB
By:____________________
Its:_____________________
13
EXHIBIT A
Approved Modifications to Building
14
EXHIBIT B
Soccer-specific Improvement to Building
15
Mayor and Council Request for Action
May 1, 2013
SUBJECT: FINANCE –PURCHASE OF REPLACEMENT UPS/BATTERY BACKUP
FOR CITY HALL
RECOMMENDATION:
It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO:
Approve replacing the UPS/Battery backup unit for City Hall at a cost of
$17,962.00 plus tax.
BACKGROUND:
The City Hall purchased a UPS/Battery backup unit for the building to
stabilize the electrical current and keep operations up and running while there is a power outage.
The unit was designed to supply City Hall with power to selected outlets long enough until the
power supply is back on or until a generator is brought over. The UPS/Battery backup also was
important inthe design of the building since City Hall is the emergency center. In addition with
stabilizing the power it retains the life of our equipment, especially the servers.
KEY ISSUES:
Staff requested two quotes, but only received one.
FINANCIAL ISSUES:
This is a capital purchase.
Quote is as follows:
Design Electric $17,962.00
City ViewElectric quote still not received (30 days)
Department/Responsible Person:
Tina Lannes, Finance Director
Submitted through:
Adam Nafstad, City Administrator/PWD
Attachments:
Design Electric Proposal
M:\Public Data\City Council\Council Packet information\2013\050613\05 06 2013 RCA ups.doc
Meeting Date: May 6, 2013
Mayor and Council Request for Action
May 6, 2013
SUBJECT: PW/E-UCP
UBLIC ORKSNGINEERINGPGRADE OMPUTER ROGRAMMING AT THE
WTF
ASTEWATER REATMENT ACILITY
RECOMMENDATION:
It is respectfully requested that the Mayor and Council consider the
following motion:
MOTION TO:
Authorize ICS Healy-Ruff to install and configure computer software and
equipment at the Wastewater Treatment Facility.
BACKGROUND:
Albertville’sWastewater Treatment Facility has outdated computers that
need to be replaced. In order to update the computers, the City must update the software. The
new software was purchased in December 2012; however, a systems integratorto install and
configure the softwareis needed.
A large portion of the cost associated with this project is labor. Staffwill also need to update the
programmable logic controllers, additional reporting software, and replace some of the
communication lines. These costs are included in the quotes. The cost of the desktop computers
is not included.
Staff has received the following two quotes:
CS Healy-ruff
$28,696.00
Sweeney Controls
$32,825.00
(complete quotes are available upon request)
ICS Healy-Ruff has been our systems integrator since 1993.
POLICY CONSIDERATIONS:
It is the Mayor and Council’spolicy toreview and approve the
purchase ofservices and equipment for the Wastewater Treatment Facility.
FINANCIAL CONSIDERATIONS:
The costs associated with this upgrade are an
expenditure and will be funded through Capital Reserves and the 2013 Capital Budget for sewer.
LEGAL CONSIDERATIONS:
The Mayor and Council have the authority to approve the
purchase of services and equipment for the Wastewater Treatment Facility.
Department/Responsible Person:
John Middendorf, Water/Wastewater Superintendent
Submitted Through:
Adam Nafstad, City Administrator
Attachments:
none
RCA.docx
M:\Public Data\City Council\Council Packet information\2013\050613\042213 WWTP Upgrade
.
Meeting Date May 6, 2013
Mayor and Council Request for Action
May 1, 2013
SUBJECT:PW/E–WWTFBD
UBLIC ORKSNGINEERINGIOSOLIDS ISPOSAL
RECOMMENDATION:
This space on the agenda is reserved for the City Council to consider
authorizing the preparation of plans and specifications for disposal of biosolids held in the
stabilization ponds at the City’s Wastewater Treatment Facility.
MOTION TO:
Authorize Bolton & Menk, Inc. to prepare plans and specifications for biosolid
disposal, as required by the MPCA, at an Hourly Not to Exceed fee of $7,000.
INFORMATION
: As required by the MPCA issued NPDES permit for the WWTP, the City is
required to submit a plan for approval by the MPCA for the use of disposal of the biosolids from
the stabilization ponds. Also, as required by the permit, the plan needs to be submitted to the
MPCA prior to July, 2013. The City will have until December, 2014, to complete the removal
and disposal of the biosolids.
Staff has requested a proposal from Bolton & Menk, Inc. to develop plans and specification for
review by the MPCA and for bidding the project.
Bolton & Menk, Inc. proposes to complete the plans and specifications at an Hourly Not to
Exceed amount of $7,000. It is anticipated that plans and specifications will take approximately
4 to 6 weeks to develop.
KEY ISSUES:
Biosolid Management Plan is required by MPCA
Plan needs to be submitted to the MPCA by July 13, 2013
Proposed cost to develop plans and specifications is $7,000
FINANCIAL CONSIDERATIONS:
The cost associated with the facility plan is an
expenditure and will be funded through Capital Reserves and the 2013 Capital Budget for sewer.
LEGAL CONSIDERATIONS:
The Mayor and Council possess the authority to authorize the
preparation of plans for all municipal improvements.
Department/Responsible Person:
John Middendorf, Water/Wastewater Superintendent
Submitted Through:
Adam Nafstad, City Administrator/PWD
Attachment:
April 16, 2013 Bolton and Menk, Inc. Proposal
.M:\Public Data\City Council\Council Packet information\2013\050613\WWTP Biosolids Proposal RCA.doc
Meeting Date: May 6, 2013
G:\Albertville\GeneralWastewater\130416Nafstad ltr.doc
G:\Albertville\GeneralWastewater\130416Nafstad ltr.doc
Mayor and Council Request for Action
May 1, 2013
SUBJECT:PW–WWTFFP
UBLIC ORKSACILITY LAN
RECOMMENDATION:
This space on the agenda is reserved for the City Council to consider
authorizing the preparation of a Facility Plan for the City’s Wastewater Treatment Facility.
MOTION TO:
Authorize Bolton & Menk, Inc. to prepare a Facility Plan to address reduced
phosphorus limits, as proposed by the MPCA, at an Hourly Not to Exceed fee of $28,900.
INFORMATION
: Prior to reissuance of the National Pollutant Discharge Elimination System
(NPDES) / State Disposal System (SDS) permit for the City’s WWTP facility in 2021,
Albertville will be required by the MPCA to reduce phosphorus discharge from the current limit
of 1.0 mg/L to 0.06 mg/L.
The previously discussed implementation timeframe of the improvements is as follows:
2013/2014 Complete FacilityPlan with alternative analysis
2015/2016 Continue to pursue funding for recommended improvements or modifications
2017/2018 Prepare plans and specifications
2018/2021 Construction of improvements and start up of plant
To prepare and better understand the costs and challenges associated with the facility
improvements required, it is recommended that a revised Facility Plan be prepared for the
WWTP.
th
Pursuant to the direction of the Council at the April 15meeting, Bolton & Menk, Inc.is
proposing to complete the Facility Plan in three (3) successive tasks with Council workshops
specific to each task. The general scope of each task and associated fees are as follows:
Task 1 – Develop Discharge Options and Treatment Alternatives (Not to Exceed $16,600)
Investigate effluent requirements for alternative discharge locations
Investigate existing infrastructure for ability to treat to new requirements
Determine improvements necessary to meet effluent requirements
City Council Workshop
Task 2 – Alternative Cost Evaluation (Not to Exceed $4,500)
Evaluate options and work with MPCA to develop a recommended treatment solution
Estimate capital improvement costs as well as operation and maintenance costs
Review and estimate potential rate impacts to system users
City Council Workshop
M:\Public Data\City Council\Council Packet information\2013\050613\WWTP Facility Plan Proposal RCA.doc
Meeting Date: May 6, 2013
Mayor and Council Request for Action –WWTP Facility Plan
May 1, 2013 Page 2 of 2
Task 3 – Finalize Facility Plan/Project Funding (Not to Exceed $7,800)
Prepare and submit a Facility Plan for approval to MPCA
Assist in funding options including Public Facility Authority, Clear Water Legacy Funds,
TMDL/phosphorus programs and potential state funding
City Council Workshop
Bolton & Menk, Inc.anticipates completing the Facility Plan in conjunction with the Public
Facilities Authority deadline in March 2014. The fee associated with the above scope is
proposed to be Hourly Not to Exceed in the amount of $28,900.
FINANCIAL CONSIDERATIONS:
The cost associated with the facility plan is an
expenditure and will be funded through Capital Reserves and the 2013 Capital Budget for sewer.
LEGAL CONSIDERATIONS:
The Mayor and Council possess the authority to authorize the
preparation of plans for all municipal improvements.
Department/Responsible Person:
John Middendorf, Water/Wastewater Superintendent
Submitted Through:
Adam Nafstad, City Administrator/PWD
Attachment:
April 18, 2013 Bolton & Menk, Inc. Proposal
M:\Public Data\City Council\Council Packet information\2013\050613\WWTP Facility Plan Proposal RCA.doc
Meeting Date: May 6, 2013
Mayor and Council Request for Action
May 1, 2013
SUBJECT: PW/E–2013S,TU
UBLIC ORKSNGINEERING TREETRAIL AND TILITY
I
MPROVEMENTS
RECOMMENDATION:
This space on the agenda is reserved for the City Council to consider
approving plans and specifications and authorizing advertisement for bids for the 2013Street,
Trail and Utility Improvements, as well as, directing staff to negotiate easement acquisition for
the CSAH 18 Trail. It is respectfully requested that the Mayor and Council consider the
following motion:
MOTION TO:
Approve plans and specifications and authorize the advertisement of the 2013
Street, Trail and Utility Improvements project; and directing staff to negotiate easement
acquisition for the CSAH 18 Trail segment.
INFORMATION:
Bolton and Menk, Inc.has completed plans and specifications for the
proposed 2013 Street, Trail and Utility Improvements project. The general project components
and associated estimated costs are as follows:
Street Reclaimation and Pavement (Engineer’s Estimate = $304,470)
rd
Project streets include: Lachman AvenueNE, between 53and Lachman CircleNE;
rdth
Lachman CircleNE; Lambert Avenue NE, between 53 and 54 ½ Streets NE; 54Place
thth
NE; and, 54StreetNE, between Lambert and 54PlaceNE. In general, the
improvements will include a combination of curb repair, pavement reclamation and
pavement resurfacing.
Cedar Creek Watermain Extension (Engineer’s Estimate = $37,384)
Includes extension of awatermain across CSAH 18 (Jason Avenue NE) to provide
hydrant protection to the Cedar Creek club house and allow for a service connection if
desired by the golf course. This work is proposed to be bid as an Add Alternate.
Four Seasons Park Trail (Engineer’s Estimate = $37,528)
Includes bituminous repairs and 2-inch overlay of park trail system, together with related
ADA and minor park improvements. This work is proposed to be bid as an Add
Alternate.
CSAH 18 Trail Connection (Engineer’s Estimate = $59,928)
Includes approximately 1,500 feet of bituminous trail construction to complete the trail
segment between Kahl Avenue NE and the new STMA school campus. Easement from
the two adjacent property owners will be needed to construct the trail. This work is
proposed to be bid as an Add Alternate.
M:\Public Data\City Council\Council Packet information\2013\050613\05 1 2013 Street and Utility RCA (Plan_Bid AuthorIzation).doc
Meeting Date:May 6, 2013
Mayor and Council Request for Action – 2013 Street, Trail and Utility Improvements
Engineering – May 1, 2013 Page 2 of 2
KEY ISSUES:
Recommended roads to be improved are based on comprehensive review of all City
Streets and consistent with the City’s 5 year CIP.
Proposed improvements are being coordinated with recent watermain and utilityrepairs.
If authorized, staff will negotiate easement acquisition with affectedCSAH 18 property
owners and report back to the Council. If the City chooses not to pursue the needed trail
easements, the CSAH 18 Trail component of the project can be dropped from the project.
Bids will be presented to the Council for consideration and award at the first meeting in
June.
POLICY CONSIDERATIONS:
It is the City’s Policy for the Mayor and City Council to
authorize all plan preparation and project advertising.
FINANCIAL CONSIDERATIONS:
Annually the City budgets for infrastructure maintenance
and preservation. The proposed project would be funded through the 2013 street and trail
budgets, capital reserves, and water trunk funds. The engineer’s estimate for construction of the
entire project is $439,309. This figure includes an estimated $2,300 for easements, but does not
include overhead associated with engineering and inspection. Capital fund balances are
approximately as follows: Street - $469,000; Parks and Trail - $81,000; Water Trunk -
$600,000.
LEGAL CONSIDERATIONS:
The Mayor and Council possess the authority to authorize the
preparation of plans for all municipal improvements.
Department/Responsible Person:
Adam Nafstad, City Administrator/PWD
Submitted Through:
Adam Nafstad, City Administrator/PWD
Available Upon Request:
Plans, Specification, Easement Exhibits, and Estimates
M:\Public Data\City Council\Council Packet information\2013\050613\05 1 2013 Street and Utility RCA (Plan_Bid AuthorIzation).doc
Meeting Date: May 6, 2013
Mayor and Council Communication
May 1, 2013
SUBJECT: PW/E–RCT-BS
UBLIC ORKSNGINEERING ESTRICTION ON OAL ARASED EALANTS
DISCUSSION:
This space on the agenda is reserved for presentation and discussion
concerning a potential zoning ordinance amendment to restrict or ban the use of coal tar-based
sealants on driveways and parking lots. If the Council desires to pursue amending the ordinance
to ban the use of coal tar-basedsealants, staff will present a draft ordinance for Planning
Commission review and recommendation.
INFORMATION:
Coal tar-based sealant is used to recondition asphalt surfaces, but there are
serious environmental concerns with its use. Coal tar, a byproduct of coal processing, contains
high levels of chemicals called polycyclic aromatic hyrdrocarbons (PAHs).Some PAHs are
known human carcinogens. It is commonly used in asphalt sealers. Studies have shown when
coal tar-based sealants are applied on parking lots and driveways, PAHs can be released into
nearby surface waters, where they can accumulate to potentiallyharmful levels in sediments.
This also is a concern for local governments responsible for managing stormwater ponds and
disposing of sediments dredged from them. Alternatives to coal tar-based sealer formulations are
available that have far lower levelsof PAHs.
In 2009, the StateLegislature enacted a bill pertaining to use of coal tar-based asphalt sealants.
The bill restricts state agencies from purchasing undiluted coal tar-based sealant. To assist cities,
the MPCA and League of Minnesota Cities have developed several educational pieces for the
public and prepared model ordinances for city and county use. In the years since the 2009
legislation, several Minnesota cities have passed local bans on coal tar-based sealants. Nearby
cities include Buffalo and Elk River.
KEY ISSUES:
State and Local agencies do not use coal tar-based sealants; however, the product is often
used in the private sector for residential driveways and commercial parking lots.
Removal of stormwater sediment containing PAH’s is costly due to handling and disposal
requirements.
Adoption of an ordinance banning the use of the product may better position the City for
environmental grants and funding assistance.
The ban of PAH’s from asphalt seals is a stormwater management best management
practice (BMP).
An ordinance prohibiting the use of coal tar-based sealants is a useful tool to
prevent/discourage the use of the product; however, enforcement of the ordinance would
likely be difficult.
It is proposed that the City’s Zoning Ordinance pertaining to off-street parking
maintenance be amended to ban the use of coal tar-based sealants.
M:\Public Data\City Council\Council Packet information\2013\050613\05 06 2013 Coal Tar RCA.doc
Meeting Date: May 6, 2013
Mayor and Council Communication – May 6, 2013
Restrictions on Coal Tar-Based Sealants Page 2 of 2
POLICY/PRACTICES CONSIDERATIONS:
Published notice and a public hearing at a
Planning and Zoning Commission meeting would be required to move the ordinance amendment
forward.
FINANCIAL CONSIDERATIONS:
This ordinance does not impact the City’s revenues or
expenses.
LEGAL CONSIDERATIONS:
In accordance with Council procedures, the Mayor and City
Council has the authority to approve or deny Zoning Ordinance amendments.
Department/Responsible Person:
Adam Nafstad, City Administrator/PWD
Submitted through:
Adam Nafstad, City Administrator/PWD
Information On-File:
PAH’s FAQs Sheet, LMC Model Ordinance and other information is
available at City Hall and through the MPCA.
Attachment:
Draft Ordinance
M:\Public Data\City Council\Council Packet information\2013\050613\05 06 2013 Coal Tar RCA.doc
Meeting Date: May 6, 2013
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2013 – __
AN ORDINANCE AMENDINGCHAPTER 1200 OF THE ALBERTVILLE ZONING
ORDINANCE, OFF-STREET PARKING REQUIREMENTS, SECTIONS 1200.4 AND
1200.5 PROHIBITING THE USE OF COALTAR-BASED SEALANT IN THE
CONSTRUCTION AND MAINTENANCE OF PARKING LOTS, DRIVEWAYS OR
PAVED AREAS WITHIN THE CITY OF ALBERTVILLE
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1.
Section 1200.4.H.13 of the Albertville Zoning Ordinance is hereby amendedto
read as follows:
13.All areas intended to be utilized for parking space and driveways shall be surfaced with
bitumenor concrete to control dust and drainage, except in the case of farm dwellings/operations
and as specified in subsection E of this section.Coal-based sealants are prohibited materials in
the construction or maintenance of paved parking spaces, driveways, or other paved areas on a
property. Plans for surfacing and drainage of driveways and stallsforfive (5) or more vehicles
shall be submitted to the City Engineer for his review, and the final drainage plan shall be subject
to his/her written approval. In unique situations, where drainage or other factors warrant such,
the City Engineer may permit deviationfrom these surfacing requirements.
SECTION 2.
Section 1200.5 of the Albertville Zoning Ordinance is hereby amended to read as
follows:
MAINTENANCE:
1200.5: It shall be the joint and several responsibility of the lessee
and owner of the principal use, uses or buildings to maintain, in a neat and adequate manner, the
parking space, accessways, striping, landscaping and required screening. Coal-based sealants
shall be prohibited materials in the maintenance or reconditioning of paved parking spaces,
driveways, or other paced areas on a property.
SECTION 3.
Section 1300.6 of the Albertville Zoning Ordinance is hereby amended to read as
follows:
SURFACING:
1300.6: All loading berths and accessways shall be improved with not
less than six (6) inch class5 base and two (2) inch bituminous Surfacing to control the dust and
drainage according to a plan submitted to and subject to the approval of the City Engineer.Coal-
based sealants shall be prohibited materials in the maintenance or reconditioning of paved
loading areas, driveways, or other paced areas on a property.
City of Albertville
County of Wright
Ordinance No. 2013 - ___
Parking Requirements
Page 2
THIS AMENDMENT SHALLBE IN FULL FORCE ANDEFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this ____ day of ___________ 2013.
___________________________________
Jillian Hendrickson, Mayor
ATTEST:
______________________________
Kim Olson, City Clerk
Mayor and Council Request for Action
April 23, 2013
SUBJECT: PD–ECPC
LANNING EPARTMENT STABLISHING ITY OLICY ON ODE
E
NFORCEMENT
RECOMMENDATION:
It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO:
Approve either:
Resolution 2013-015-Option 1
Establishing City of Albertville Policy on City Code
Enforcement (with 400 feet)
OR
Resolution 2013-015-Option 2
Establishing City of Albertville Policy on City Code
Enforcement (without 400 feet)
BACKGROUND:
Over the past years, the City Council and staff have worked to establish a
formal policy and procedure for addressing resident and/or business complaints of code
violations. Due to limited staff and resources, the City has pursued code enforcement only on a
complaint basis. The attached resolutions outline the City’s policy and procedure for the receipt
of complaint processing and enforcement of the City Code.
KEY ISSUES:
1. Code enforcement is pursued on a complaint basis. Option 1 limits complaint areas to
properties within 400 feet of a violating property. In staff discussion, Option 1 is offered
to reduce the number of complaints and not to pursue code enforcement within
neighborhoods where no complaint is filed. Option 2 excludes this 400 foot provision to
allow any resident to file complaints on any lot within the community. Option 2 is
offered based on past Council discussion.
2. Complaints must not be anonymous.
3. Site inspections and photos are taken with each complaint to establish documentation and
history of the violation.
4.A letter is sent to the property owner of the violation to allow compliance prior to any
fine. Deadlines for compliance are set.
5. Failure to comply with deadlines is subject to a citation and fine against the property.
6.If citations are not effective, the City may pursue prosecution through the Courts.
M:\Public Data\City Council\Council Packet information\2013\050613\Code Policy on Code Enforcement RCA.doc
Meeting Date: May 6, 2013
Mayor and Council Request for Action – City Code Enforcement
May 6, 2013 Page 2 of 2
POLICY/PRACTICES CONSIDERATIONS:
In adopting the resolution, the City will
formalize the City’s policy and procedures for pursuing code enforcement.
FINANCIAL CONSIDERATIONS:
There does not appear to be any financial considerations
in adopting the code enforcement policy.
LEGAL CONSIDERATIONS:
The City Council has the authority to create policy for the
City and direct staff in code enforcement procedures.
Department/Responsible Person:
Planning/Alan Brixius, City Planner
Submitted Through:
Adam Nafstad, City Administrator
Attachment:
Resolution 2013-015-Option 1
Resolution 2013-015-Option 2
M:\Public Data\City Council\Council Packet information\2013\050613\Code Policy on Code Enforcement RCA.doc
Meeting Date: May 6, 2013
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-015-Option 1
RESOLUTION ESTABLISHING CITY OF ALBERTVILLE POLICY
ON CITY CODE ENFORCEMENT
WHEREAS,
the City of Albertville has adopted City Codes and regulations intended to protect
the public health, safety, and welfare of the residents and businesses; and
WHEREAS,
code enforcement is necessary to insure uniform and equitable treatment of all
properties; and
WHEREAS,
the City of Albertville has limited staff andresources for code enforcement.
NOW, THEREFORE BE IT RESOLVED,
that the City Council of Albertville, Minnesota
hereby adopts the following ordinance enforcement policy to guide staff responses to code
enforcement concerns:
City of Albertville
Ordinance EnforcementPolicy
Introduction:
The City Council has adopted ordinancesto preserve and protectthe
health, safety, and welfare of ourcommunity. The primary goal is to obtain voluntary
compliance with City ordinances by all Albertville residents and businesses.
Compliance with City ordinances will help maintain a high quality of life in our
community, protect property values, and promote a safe and healthy environment.
Purpose of Policy:
This policy establishes a system of criteria and priorities for
enforcement of the Albertville City Code. It is intendedto provide guidanceto City staff
and information to the public regarding enforcement of City ordinances.
Complaint Based Enforcement:
Because limits to City resources do not permit a
comprehensive, City-wide inspection and enforcement program, the City generally will
enforce itsordinancesby responding to complaints regarding alleged violations of the
ordinance provisions. City staff isdirected to investigate and initiate enforcement
procedures as follows:
1.Upon any complaint alleging an imminent threat to public health, safetyor
welfare.
2. Upon a complaint by one or more residentsor property owners in the immediate
neighborhood of the alleged ordinance violation."Immediate neighborhood"
includes:
Option 1
City of Albertville
County of Wright
Resolution No. 2013-015-Option 1
Page 2
a.The area within 400 feet of the property where the violation is alleged to
exist;
b.Property from which the alleged violation can be clearly seen; or
c. Property that is primarily accessed by driving past the location of the
allegedviolation.
3. Upon observation of a suspected violation by City staff during the ordinary course
of duties, astime permits.
Allcomplainants shall provide their names and a current address and telephone
number. In general, anonymouscomplaints willnot be investigated unless City staff
believes the complaint is credible and the alleged violation threatens imminent danger
to public health,safetyor welfare.
In order to best utilize City resources, investigation and enforcement priority willbe
given to complaintsmade by City residents or property owners. Non-resident
complaints may be investigated at the discretion of the City Administrator.
In many situations, complainants may first be encouraged by City staff to talk with their
neighbor or the property owner about their concerns. Many situations can best be
addressed by polite discussion and cooperation among neighbors.
Receipt of a complaint shall follow the following process:
1. Complaint(s) are received by the City staff which records each complaint onto the
City standard complaint file form, which documents the complaint date received,
property address, property owner, and natureof complaint.
2. Site inspection is performed and photos are taken by City Staff of the site and
violations.
3. If action is found necessary, City staff drafts a letter of code violation notification
which is sent to the property owner of the site where the violation has been
confirmed. The letter shall reference the specific code violations, include photos
of the violation, and give a deadline date for correcting the violation.
4. Once the compliance date is past, City staff performs a follow up site inspection:
Standard Correction and Abatement Period: Fifteen (15) Days
Extended Correction and Abatement Period: Thirty (30) Days
a. If the site has come into compliance, then no further action is necessary.
Option 1
City of Albertville
County of Wright
Resolution No. 2013-015-Option 1
Page 3
b. If the site has not come into compliance, then City Staff shall proceed to
citations.
5. City staff shall draft a Code Violation Citation that outlines the fine for non-
compliance and gives another deadline for compliance to avoid future citations
and fines.
** Repeatfrom Step 2 (Second violations and so on will have increasingly
severe penalties)
6. If the Citations fail to secure compliance, City staff shall approach the City
Council and request authorization to pursue prosecution of the violator by the
City Attorney.
Note: The Minnesota Data Practices Act provides that the identities of individualswho
register complaintswith government entities about violations of State laws or local ordinances
concerning the use of real propertyare confidential dataand may not be disclosed by the
government entity to the public or to the individual subject of the data. (Minn. Stat. 13.44)
th
Adopted by the Albertville City Council this 6 day of May 2013.
Jillian Hendrickson, Mayor
Kimberly Olson, City Clerk
Option 1
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-015-Option 2
RESOLUTION ESTABLISHING CITY OF ALBERTVILLE POLICY
ON CITY CODE ENFORCEMENT
WHEREAS,
the City of Albertville has adopted City Codes and regulations intended to protect
the public health, safety, and welfare of the residents and businesses; and
WHEREAS,
code enforcement is necessary to insure uniform and equitable treatment of all
properties; and
WHEREAS,
the City of Albertville has limited staff and resources for code enforcement.
NOW, THEREFORE BE IT RESOLVED,
that the City Council of Albertville, Minnesota
hereby adopts the following ordinance enforcement policy to guide staff responses to code
enforcement concerns:
City of Albertville
Ordinance EnforcementPolicy
Introduction:
The City Council has adopted ordinancesto preserve and protectthe
health, safety, and welfare of ourcommunity. The primary goal is to obtain voluntary
compliance with City ordinances by all Albertville residents and businesses.
Compliance with City ordinances will help maintain a high quality of life in our
community, protect property values, and promote a safe and healthy environment.
Purpose of Policy:
This policy establishes a system of criteria and priorities for
enforcement of the Albertville City Code. It is intendedto provide guidanceto City staff
and information to the public regarding enforcement of City ordinances.
Complaint Based Enforcement:
Because limits to City resources do not permit a
comprehensive, City-wide inspection and enforcement program, the City generally will
enforce itsordinancesby responding to complaints regarding alleged violations of the
ordinance provisions. City staff isdirected to investigate and initiate enforcement
procedures as follows:
1.Upon any complaint alleging an imminent threat to public health, safetyor
welfare.
2. Upon a complaint by one or more residentsor propertyownersof the alleged
ordinance violation meeting the following conditions:
Option 2
City of Albertville
County of Wright
Resolution No. 2013-015-Option 2
Page 2
a.Property from which the alleged violation can be clearly seen; or
b. Property that is primarily accessed by driving past the location of the
allegedviolation.
3. Upon observation of a suspected violation by City staff during the ordinary course
of duties, astime permits.
Allcomplainants shallprovide their names and a current address and telephone
number. In general, anonymouscomplaints willnot be investigated unless City staff
believes the complaint is credible and the alleged violation threatens imminent danger
to public health,safetyor welfare.
In order to best utilize City resources, investigation and enforcement priority willbe
given to complaintsmade by City residents or property owners. Non-resident
complaints may be investigated at the discretion of the City Administrator.
In many situations, complainants may first be encouraged by City staff to talk with their
neighbor or the property ownerabout their concerns. Many situations can best be
addressed by polite discussion and cooperation among neighbors.
Receipt of a complaint shall follow the following process:
1. Complaint(s) are received by the City staff which records each complaint onto the
City standard complaint file form, which documents the complaint date received,
property address, property owner, and nature of complaint.
2. Site inspection is performed and photos are taken by City Staff of the site and
violations.
3. If action is found necessary, City staff drafts a letter of code violation notification
which is sent to the property owner of the site where the violation has been
confirmed. The letter shall reference the specific code violations, include photos
of the violation, and give a deadline date for correcting the violation.
4. Once the compliance date is past, City staff performs a follow up site inspection:
Standard Correction and Abatement Period: Fifteen (15) Days
Extended Correction and Abatement Period: Thirty (30) Days
a. If the site has come into compliance, then no further action is necessary.
b. If the site has not come into compliance, then City Staff shall proceed to
citations.
Option 2
City of Albertville
County of Wright
Resolution No. 2013-015-Option 2
Page 3
5. City staff shall draft a Code Violation Citation that outlines the fine for non-
compliance and gives another deadline for compliance to avoid future citations
and fines.
** Repeat from Step 2 (Second violations and so on will have increasingly
severe penalties)
6. If the Citations fail to secure compliance, City staff shall approach the City
Council and request authorization to pursue prosecution of the violator by the
City Attorney.
Note: The Minnesota Data Practices Act provides that the identities of individualswho
register complaintswith government entities about violations of State laws or local ordinances
concerning the use of real propertyare confidential dataand may not be disclosed by the
government entity to the public or to the individual subject of the data. (Minn. Stat. 13.44)
th
Adopted by the Albertville City Council this 6 day of May 2013.
Jillian Hendrickson, Mayor
Kimberly Olson, City Clerk
Option 2
To:Adam Nafstad, City Administrator; Albertville City Council
From:Mike Couri
Date:May 2, 2013
Re:Attorney Report
Below is an update of the projects our office has been working on for the City.
I-94 Assessment.
We have chosen a mediator and are trying to confirm either
thth
June 10 or June 17 as the mediation date.
Pond Property Purchase.
John Darkenwald is not yet ready to meet to discuss
the terms of a sale/use of the recently-appraised City lot behind the outlet mall.
Charter Cable/Televising of Council Meetings.
I have finally received a call
back from a representative at Charter Cable. I have emailed her a number of
questions regarding televising City Council meetings on Charter’s system and am
waiting for her reply.
Old City Hall Lease – 5964 Main Ave NE.
We have negotiated a proposed lease
with the St. Michael-Albertville Soccer Club. The lease is on this agenda for
approval.
Page 1 of 1
City Administrators Update
May 1, 2013
GENERAL ADMINISTRATION
5964 Main Avenue NE Lease:A draft lease has been negotiated with the Soccer Club and will
be presented to the Council at the Council meeting.
5975 Main Avenue NE Lease: The listing agreement with CRS has been executed.
nd
Ice Arena: Ballard King is working to compile the YHA requested 2 Sheet Report revisions.
The 292 Group is preparing a memo regarding the findings of the
for moving forward. Both documents will be presented at the nex
Explore Your Parks Night: Public Works Supervisor, Tim Guimont and the Parks Committee
have done a nice job organizing this years Explore Your Parks N
offered at Oakside, Winter, Westwind, Linwood, Villas, and Four Seasons Parks. Also stationed
at various parks will be a clown, various organizations, public
Department and Sheriffs Department.
Memorial Park: Construction of the park will commence in early May. Saturday,
be the first volunteer day and will be focused on construction o
15, will be the second volunteer day and will be focused on land
PUBLIC WORKS/ENGINEERING
MSAS: Due to revisions on how Needs are calculated, staff will be working to revise th
current MSA system. Revisions will be presented to Council at t
2013 Street, Trails, and Utility Improvement Project: Plans and Specifications, as well as, cost
estimates will be presented to Council at the meeting.
WWTF (Wastewater Treatment Facility): Three (3) proposals and quotes for various
operational and permitting needs will be presented to the Council at the meet
2010 Street Improvement Project: We are in the process of closing out the 2010 Street Project
and approval for final payment will be on the consent agenda.
UPCOMING EVENTSand ANNOUNCEMENTS
CONGRATULATIONS: To Mrs. Sarah Kasper on 100 years of age. Mrs. Kasper has been
th
a lifelong Albertville resident and on April 30she turned 100. Mrs. Kasper will be
th
recognized at the May 6 Council Meeting.
May 17, 2013 Annual Explore your Parks Night from 6:00 PM to 8:00 PM
Attachments: (none)