Loading...
2016-08-01 CC Agenda Packet City of Albertville Council Agenda Monday, August 1, 2016 City Council Chambers 7:00 p.m. 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. M:\Public Data\City Council\Council Agendas\2016 Agenda Packets\2016-08-01 CC Agenda.docx Meeting Date: August 1, 2016 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations – Introductions A. ABDO Presentation on Long Range Plan – Kevin Knopik 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the Monday, July 18, 2016 regular City Council meeting minutes as presented (pgs 4-10) B. Authorize the Monday, August 1, 2016 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 11) C. Approve Resolution No. 2016-020 entitled a Resolution Reauthorizing Membership in the 4M Fund (pgs 12-14) D. Approve Resolution No. 2016-021 entitled a Recycling buy down and fees (pgs 15-16) E. Approve Street Closure for 62nd Street NE and Kahler Drive NE for National Night Out Block Party (pgs 17-18) 7. Public Hearings – None 8. Department Business A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Agenda Page 1 City of Albertville Council Agenda Monday, August 1, 2016 Page 2 of 3 M:\Public Data\City Council\Council Agendas\2016 Agenda Packets\2016-08-01 CC Agenda.docx Meeting Date: August 1, 2016 2). Parks Committee Notes of July 25, 2016 (pg 19)– No Action Needed B. Public Works/Engineering 1). Resurfacing of the Tennis Courts at Oakside Park (pg 20) (Motion to approve resurfacing the tennis courts at Oakside Park, 10820 Kanter Court NE, for $12,450 and directing staff to contract for services with C&H Sport Surfaces.) 2). Main Avenue NE Railroad Crossing (pg 21) (Motion to direct staff to contract with Omann Bros. for the improvements associated with replacement of the Main Avenue NE railroad crossing in the amount of $92,631.61.) C. Planning/Zoning 1). Ordinance Amending the City Code Relating to Yard Waste (pgs 22-23) (Motion to adopt Ordinance No. 2016-07 Amending Title 5 Chapter 1-5 of the Albertville Municipal City Code Relating To Nuisances, Garbage, Refuse, and Earth Deposits Affecting Public Safety.) D. Legal 1). Second Amendment to Towne Lakes 6th Addition Developer’s Agreement (pgs 24-35) (Motion to approve the Second Amendment to Towne Lakes Planned Unit Development Agreement, Towne Lakes 6th Addition.) 2). City Attorney Report (pgs 36-37) E. Finance 1). Tort Liability Insurance Renewal (pgs 38-45) (Motion to Waive the City’s monetary limits on tort liability and purchase additional coverage up to the $1,000,000 per occurrence and in aggregate.) F. City Clerk – None G. Building – None H. Fire – None I. Administration 1). City Administrator’s Update (pgs 46-47) 9. Announcements and/or Upcoming Meetings August 8 STMA Ice Arena Board, 6:00 p.m. August 9 Primary Election, 7:00 a.m. – 8:00 p.m. August 12 Planning Commission, 7:00 p.m. – THURSDAY August 15 City Council, 7:00 p.m. Budget Workshop, Immediately Following August 22 Joint Powers Water Board, 6:00 p.m. Agenda Page 2 City of Albertville Council Agenda Monday, August 1, 2016 Page 3 of 3 M:\Public Data\City Council\Council Agendas\2016 Agenda Packets\2016-08-01 CC Agenda.docx Meeting Date: August 1, 2016 August 29 Parks Committee, 8:00 p.m. September 5 Labor Day, City Offices Closed September 6 City Council, 7:00 p.m. September 12 STMA Ice Arena Board, 6:00 p.m. September 13 Planning Commission, 7:00 p.m. September 19 City Council, 7:00 p.m. September 26 Joint Powers Water Board, 6:00 p.m. AUGUST SEPTEMBER Su M Tu W Th F Sa Su M Tu W Th F Sa CC 1 2 3 4 5 6 1 2 3 7 Ice 8 ED 9 10 PC11 12 13 4 H 5 CC 6 7 8 9 10 14 CC 15 16 17 18 19 20 11 Ice 12 PC13 14 15 16 17 21 JP 22 23 24 25 26 27 18 CC 19 20 21 22 23 24 28 PK29 30 31 25 JP26 27 28 29 30 10. Adjournment **BUDGET WORKSHOP to Immediately Follow** Agenda Page 3 Page 1 ALBERTVILLE CITY COUNCIL Monday, July 18, 2016 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, and Vetsch Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, Fire Chief Eric Bullen, and City Clerk Kimberly Olson Others Present: Mike Leuer, Ralph Munsterteiger, and John Ferguson 3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS A. 2016-2017 Albertville Royalty Miss Albertville Carlynne Folkestad, Princess Taylor Kessler, Jr. Miss Robyn Beck, and Jr. Commodores Noah Cedergren and Jackson Olin were present at the meeting. Hendrickson recognized those attending and thanked the Royal Court for representing Albertville. 4. PUBLIC FORUM – (time reserved 5 minutes) 5. AMENDMENTS TO THE AGENDA Hendrickson stated that Hudson was attending the STMA School Board meeting where the Capital Improvements Task Force was presenting their recommendations of projects to be included on the bond referendum. She moved Item A1 before I1. Couri removed Items C1 and C2 from the agenda. Motioned by Sorensen, seconded by Olson, to approve the Agenda as amended. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED CARRIED. Agenda Page 4 City Council Meeting Minutes Page 2 Regular Meeting of July 18, 2016 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 Tuesday, July 5, 2016 regular City Council meeting minutes as presented B. Authorize the Monday, July 18, 2016 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 Street Closures for 2016 Open Streets Motioned by Vetsch, seconded by Olson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS – None 8. DEPARTMENT BUSINESS B. Planning/Zoning 1). Request Of Leuer Munstertieger Properties To Amend The City Of Albertville Zoning Map Changing The Zoning Of Outlot A, Heuring Meadows Addition From B-2, Limited Business To B-2A, Special Business District Brixius reported this item had a public hearing at the Planning Commission and they recommended approval of rezoning from B-2 to B2-A. After that, Brixius explained that he received several questions if the B2-A zoning would be open to assembly type uses, thus opening the property to RLUIPA (Religious Land Use and Institutional Person Act). He stated that an option is to rezone the property to B2-A, PUD with prohibitions on hospitality and recreational uses that would not allow assembly type uses. Mike Leuer and Ralph Munstertieger were present at the meeting. Munstertieger felt there were some misconceptions portrayed at the Planning Commission. He explained the history of trying to sell the property and stated that they would prefer the B2-A rezoning rather than the B2-A, PUD, so they have as many options available to them to market the property. Brixius stated that questions have come up whether multifamily housing would be put on the property based on the concept that Leuer and Munstertieger presented to Council earlier in the year. He explained that any housing would need further rezoning. Munstertieger stated they are placing many calls to market the property but at this time they do not have a specific use identified for the property. Agenda Page 5 City Council Meeting Minutes Page 3 Regular Meeting of July 18, 2016 Hendrickson stated that if there is a need for housing she does not want to prohibit that use. Sorensen inquired if the Planning Commission saw the B2-A, PUD zoning. Brixius replied that staff spoke with the City Attorney and there was no need to send the B2-A, PUD rezoning back to the Planning Commission because it is more restrictive than the B2-A zoning. Motioned by Olson, seconded by Sorensen, to approve Resolution No. 2016-018 denying the rezoning to B-2A and approving Ordinance No. 2016-06B changing the zoning on Outlot A, Heuring Meadows Addition from B-2, Limited Business to PUD/B-2A, Special Business District allowing all B-2A uses and standards excluding hospitality businesses and recreational businesses within the new district. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED CARRIED. 2). Neighbor’s CUP Compliance Update Brixius reported that he spoke with the owner and the parking agreement with the Church of St. Albert’s is back in place and they are working on removing the roof from the trash enclosure. C. Legal Items C1 and C2 were removed from the agenda. D. Fire 1). Fire Update Bullen reported that Firefighter Bob Marquette retired on July 6 and is a loss for daytime response to calls. Bullen would like to begin recruitment for new Reserve Firefighters. The department currently has 26 firefighters and two reserves bringing the total to 28. They can have up to 33. Olson inquired if the department is close to being critically low to respond to calls. Bullen stated they are not there yet, but daytime calls are the most difficult. Nafstad stated that it has been very helpful that Council allowed 1) the Public Works employees to respond to calls during the day and 2) authorized the hiring of the Fire Chief. Bullen stated that even though they have less staff, they have accomplished a lot. 2). Resolution Receiving Final Fire Shared Services Report and Continuing Joint Powers Agreement Discussions Nafstad stated the proposed resolution identifies that both Otsego and Albertville have received the Final Fire Shared Services report, the cities have differing positons on several items, and the cities will continue to work towards a Joint Powers Agreement. Nafstad stated that Otsego will use the same resolution at their next meeting. Sorensen stated that he has very strong feeling on the topic of dissolution. Nafstad suggested a workshop with the full Council possibly in September. Motioned Sorensen, seconded by Olson, to Adopt Resolution No. 2016-019 Resolution Receiving Shared Service Fire Study As Prepared By Springsted And Directing Further Review And Agenda Page 6 City Council Meeting Minutes Page 4 Regular Meeting of July 18, 2016 Negotiations Of The Terms Of A Joint Powers Agreement. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED CARRIED. E. Public Works/Engineering 1). Easement Encroachment Agreement for Shed– 5492 Kali Avenue NE Nafstad reported the homeowner, John Ferguson, would like to build a shed in his backyard, but the majority of the rear yard is blanketed under a drainage easement. Generally, Nafstad would not allow anything to be built within an easement, but in this case there would be no impact on surrounding properties. He stated there is a drainage pipe from the yard that goes under the trail abutting the property and the water would flow into that pipe. As an alternative to vacating the easement, staff recommends a license agreement for the homeowner to build the shed in the drainage easement. Couri explained that a license agreement doesn’t grant property rights and would allow the City access and the right to terminate the license if issues should arise. Ferguson stated that he understood those terms. Olson inquired if the agreement would be recorded and Couri replied it would. He stated that it will run with the property and would apply to future owners if the property should be sold. Motioned by Olson, seconded by Hendrickson, to approve the license agreement for the property at 5492 Kali Avenue NE allowing the homeowner to build a shed within a drainage easement. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED CARRIED. 2). 57th Street NE/CSAH 19 Intersection Report Hudson arrived at 8:10 p.m. Nafstad reported the study came back with three build options: minimum, partial, and full. Overall the signal operates well but the minimum build option does not address safety concerns. The partial build would include a left turn lane and a shared thru/right turn lane and would cost approximately $70,000-$80,000. The full build includes the partial build and an additional west median for a wider eastbound left turn lane and shared thru/right turn lane. The approximate cost for this would be $100,000-$110,000. There is no action needed at this time. 3). STMA Middle School West Report Nafstad reported the consulting firm has identified immediate and future considerations for improvement of traffic at the school. Immediate considerations include restriping of the west driveway, relocation of the stop bar, ad lengthen the green time for westbound traffic at the CSAH 19 and 50th Street NE intersection. Nafstad stated the school has asked the City to split the cost for the immediate improvements at a cost of approximately $3,500. Hudson felt that would be reasonable. Council authorized the cost share not to exceed $3,500. Future considerations include police control during arrival and dismissal times, reconfiguration of the circulation at the school, and a traffic signal or roundabout at each driveway. However, the cost of those traffic controls would be a large cost. Agenda Page 7 City Council Meeting Minutes Page 5 Regular Meeting of July 18, 2016 F. Finance 1). Water Fund Presentation Lannes presented comparative rates for other nearby cities. However, she informed Council that some of those cities do not have a water treatment plant, so it is not a true comparison. She indicated that during her evaluation, she identified vast differences in the structure of water rates around the area. She reiterated that the water fund must be self-sustaining. Annually, there is a shortage of $60,000 and with depreciation, the shortage is $120,000. Lannes presented a sample water rate increase that was a combination of an increase to the base rate and tiered usage rates. Nafstad stated they have to balance the increase so it doesn’t too greatly impact either commercial or residential. Olson was concerned with the increase impacting the senior community. His concern is the base has increased $5.00 over the last five years and another increase could be too much. Sorensen would like to see tiers for the different styles of commercial users. Hudson inquired if the proposed combination increase will be enough to build the fund for future years. Lannes replied the proposed figure would be just enough to keep the fund from becoming defunct. Couri inquired if the Joint Powers Water Board will have increases this year, if they have any debt that will drop, or if they are planning to bond anytime soon. Vetsch replied Joint Powers Water Board is looking to pay cash only and he would inquire at the next meeting. Olson would like to see the water fund revenue broken down into residential versus commercial users and also revenue from the tiered accounts. Hendrickson inquired if the state had a sample of how water rates should be set and Lannes replied they do not provide that information and it is up to each City how to structure the enterprise rates. Lannes stated that an option would be to order a rate study that is more comprehensive and includes a five year history and future forecasts. She anticipated coming back to Council to discuss water rates again in October or November, but the rates must be set in December. G. City Clerk – None H. Building – None A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Capital Improvements Task Force Hudson reported on the task force recommendations for the bond referendum. The task force gave the recommendation of items for the $21 million bond. However, they also recommended an all- Agenda Page 8 City Council Meeting Minutes Page 6 Regular Meeting of July 18, 2016 purpose sports facility with turf and a dome. This would be an additional $11.3 million to the $22 million bond. He stated the task force looked solely at need and not what was likely to be passed or accepted by the public. The task force felt that if they did not address all the needs, they would be underserving the community. The School Board accepted the task force’s recommendation and will have additional meetings before deciding on a bond amount; they will also have a meeting to receive public comment. Lobbying Hendrickson reported the Washington D.C. trip was successful. They met with Amy Klobuchar, Eric Paulson, and Al Franken. She stated they were aware of the I-94 project and the coalition is a powerful advocate. They met with the Department of Transportation and Hendrickson made sure to emphasize that the expansion is an economic benefit to the community and Albertville is important part of the I-94 corridor. I. Administration 1). City Administrator’s Update Nafstad reported that the design committee heard the second sheet of ice cost would be about $9.2 million. Otsego and Monticello have now joined WCAT for Trailblazer transit services. The new facility is located in Buffalo and the dispatch center is located there. Nafstad reported that the CSAH 37 bridge will potentially receive new striping and lights to accommodate left turn lanes. Hudson excused himself from the meeting at 9:01 p.m. Sorensen asked for an update on the Mall of Entertainment. Nafstad replied that he spoke with the Darkenwalds and they are still moving forward, but he did not know when a development application would be received at the City. Nafstad reported that the I-94 Coalition met with Speaker Daudt for more attention to the I-94 expansion. He also reported Mayor Hendrickson met with the U.S. Secretary of Transportation in Duluth. 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS July 25 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. August 1 City Council, 7:00 p.m. August 8 STMA Ice Arena Board, 6:00 p.m. August 9 Primary Election Day August 11 Planning Commission, 7:00 p.m. August 15 City Council, 7:00 p.m. August 22 Joint Powers Water Board, 6:00 p.m. August 29 Joint Governance Meeting, TBD Agenda Page 9 City Council Meeting Minutes Page 7 Regular Meeting of July 18, 2016 10. ADJOURNMENT Motioned Vetsch, seconded by Olson, to adjourn the meeting at 9:15 p.m. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent: Hudson. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 10 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2016\080116\2016-08-01 Finance Bills Report (RCA).doc Meeting Date: August 1, 2016 July 28, 2016 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, August 1, 2016 payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff 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. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 11 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2016\080116\2016-08-01 4M.doc Meeting Date: August 1, 2016 July 27, 2016 SUBJECT: CONSENT- RE-AUTHORIZE 4M FUND MEMBERSHIP RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Approve Resolution No. 2016-020 entitled a Resolution Reauthorizing Membership in the 4M Fund. BACKGROUND: In accordance with State Statutes, the City needs to reauthorize membership in the 4M Fund when there are changes to the language. The City of Albertville has been a long standing member of the 4M Fund in which the City has investments and higher paying money market accounts. With the change in banking and collateral, cities, including Albertville, have turned to using the 4M Fund more. KEY ISSUES: • Need to reauthorize membership with 4M Fund to continue using them and have the ability to earn higher rates of return compared to general financial institutions and keep liquidity. PRACTICES/POLICIES CONSIDERATIONS: The City Council has the authority to authorize membership to financial institutions. FINANCIAL CONSIDERATIONS: The City has funds invested with 4M Fund currently. LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the authority to approve the resolution. Department/Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2016-020 Agenda Page 12 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2016-020 A RESOLUTION REAUTHORIZING MEMBERSHIP IN THE 4M FUND WHEREAS, Minnesota Statutes (the Joint Powers Act) provides that governmental units may jointly exercise any power common to the contracting parties; and WHEREAS, the Minnesota Municipal Money Market Fund (the 4M Fund) was formed in 1987, pursuant to the Joint Powers Act and in accordance with Minnesota Investment Statutes, by the adoption of a joint powers agreement in the form of a Declaration of Trust; and WHEREAS, the Declaration of Trust, which has been presented to this Council, authorizes municipalities of the State of Minnesota to become Participants of the Fund and make use from time to time including the 4M Liquid Asset Fund, the 4M Plus Fund, the Term Series, the Fixed Rate Programs, and other Fund services offered by the Fund; and WHEREAS, this Council deems it to be in the best interest for the municipality to make use of, from time to time, the approved services provided by the 4M Fund’s service providers including the Investment Advisor (Prudent Man Advisors, Inc.) or Sub-Advisor (RBC Global Asset Management (U.S.) Inc.), the Administrator (PMA Financial Network, Inc.), the Distributor (PMA Securities, Inc.) or the Fixed Rate Program Providers, PMA Financial Network, Inc. and PMA Securities, Inc., and the Custodian, U.S. Bank National Association, (“Service Providers”) and/or their successors. WHEREAS, this Council deems it advisable for this municipality to enter into the Declaration of Trust and become a Participant of the Fund for the purpose of joint investment with other municipalities so as to enhance the investment earnings accruing to each; NOW THEREFORE BE IT RESOLVED AS FOLLOWS: Section 1. This municipality shall renew its membership as a Participant of the Fund and adopt and enter into the Declaration of Trust, a copy of which shall be filed in the minutes of this meeting. The appropriate officials are hereby authorized to execute those documents necessary to effectuate entry into the Declaration of Trust and the participation of all Fund programs. Section 2. This municipality is authorized to invest monies from time to time and to withdraw such monies from time to time in accordance with the provisions of the Declaration of Trust. The following officers of the municipality or their successors are designated as “Authorized Officials” with authority to effectuate investments and withdrawals in accordance with the Declaration of Trust: Agenda Page 13 City of Albertville Meeting of August 1, 2016 Resolution No. 2016-020 Page 2 Adam Nafstad, City Administrator-PWD __________________________________ Signature Tina Lannes, Finance Director ________________________________________ Signature Kimberly Olson ________________________________________ Signature (Additional names may be added on a separate list. The treasurer shall advise the Fund of any changes in Authorized Officials in accordance with Fund procedures.) Section 3. The Trustees of the Fund are designated as having official custody of those monies invested in accordance with the Declaration of Trust. Section 4. That the municipality may open depository and other accounts, enter into wire transfer agreements, safekeeping agreements, third party surety agreements securing deposits, collateral agreements, letters of credit, lockbox agreements, or other applicable or related documents with institutions participating in Fund programs including U.S. Bank National Association, or its successor, or programs of PMA Financial Network, Inc. or PMA Securities, Inc. for the purpose of transaction clearing and safekeeping, or the purchase of certificates of deposit (“CDs”) or other deposit products and that these institutions shall be deemed eligible depositories for the municipality. PMA Financial Network, Inc. and PMA Securities, Inc. and their successors are authorized to act on behalf of this municipality as its agent with respect to such accounts and agreements. Monies of this entity may be deposited in such depositories, from time to time in the discretion of the Authorized Officials, pursuant to the Fund’s Programs available through its Services Providers. Adopted by the City Council of the City of Albertville this 1st day of August, 2016. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 14 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2016\080116\recycling funding resolution.doc Meeting Date: November 2, 2015 July 26, 2016 SUBJECT: CONSENT - FINANCE – RECYCLING FUND RATES AND RESERVE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution No. 2016-021 entitled a Recycling buy down and fees. BACKGROUND: Council approved the new recycling contract with Republic Services and set the monthly charge for the utility bill which included using recycling fund reserves to buy down the monthly charges through May 2021. The auditors have advised that the fee and buy-down be formally approved by resolution. PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review and set rates for services. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and adjust rates of for services, and to utilize reserve funds to offset fees. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution 2016-021 Agenda Page 15 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2016-021 A RESOLUTION AUTHORIZING USE OF THE RECYCLING FUND TO PAY DOWN INCREASES IN RECYCLING FEES AND SETTING THE RECYCLING FEES FOR 2016 THROUGH MAY 2021 WHEREAS: the City of Albertville’s contract for recycling services ended in December 2015; and WHEREAS: the City Council entered into a renewal contract for recycling services with Republic Services for January 1, 2016 - May 31, 2021; and WHEREAS: the City Council has authorized the use of the recycling fund to buy down increased recycling fees with the new contract; and WHEREAS: the annual monthly rates for recycling services shall be set as follows: 2016 $3.29 - $2.89 with $.40 buy down 2017 $3.29 - $2.89 with $.40 buy down 2018 $3.62 - $3.32 with $.30 buy down 2019 $3.62 - $3.32 with $.30 buy down 2020/May 2021 $3.62 - $3.32 with $.30 buy down NOW, THERFORE, BE IT RESOLVED the City Council of the City of Albertville hereby authorizes the use of the recycling fund to buy down increases to recycling service fees and sets the recycling fees as listed above. Adopted by the City Council of the City of Albertville this 1st day of August, 2016. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 16 Agenda Page 17 Agenda Page 18 Albertville Parks Committee meeting minutes July 25, 2016 Attendees: Tim Guimont, Sharon Oakvik, Larry Boller, Andy Swanson, LeRoy Berning Westwind Park - Committee recommends $100,000 to $150,000 in improvements be made to Westwind Park; with estimate of $40,000 to $50,000 for play equipment, $25,000 to $30,000 for a shelter and the balance for concrete, mulch, landscaping, etc. Existing swing set, climber, sand digger and bouncy toys would be preserved. All other equipment would be removed and replaced; swing set would be refinished. Oakside park tennis court - Committee recommends rehabbing tennis court at Oakside Park per Tim’s bid. Linwood Park sign - Committee recommends installing a sign at Linwood Park to match signs recently installed in other city parks. Baseball field - Current plan is to move outfield fences and install lights this fall. Next meeting: August 29 at 8:00 Agenda Page 19 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2016\080116\2016-08-01 Oakside tennis courts.docx Meeting Date: August 1, 2016 July 28, 2016 SUBJECT: PUBLIC WORKS - RESURFACING THE TENNIS COURTS AT OAKSIDE PARK RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve resurfacing the tennis courts at Oakside Park, 10820 Kanter Court NE, for $12,450 and directing staff to contract for services with C&H Sport Surfaces. BACKGROUND: The proposed resurfacing and painting is routine maintenance that is generally needed every 5 to 10 years. It has been eleven years since the court has been resurfaced. KEY ISSUES: • The tennis courts are overdue to be resurfaced. • The tennis court is a highly use asset to Oakside Park and needs to be maintained. • The City has used C&H sport surfaces in the past and they have done a good job. • C&H Sport Surfaces gave the best price for the amount of work. • The Parks Committee discussed and recommended this improvement at their July 25, 2016 meeting. FINANCIAL ISSUES: The 2016 Budget includes $17,250 for park improvements, which will be used to fund this project. Responsible Person/Title: Tim Guimont, Public Works Supervisor Submitted Through: Adam Nafstad, City Administrator-PWD On File: Project Quotes Agenda Page 20 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2016\080116\Main Avenue RR Xing RCA - Omann Quote.doc Meeting Date August 1, 2016 July 28, 2016 SUBJECT: MAIN AVENUE NE RAILROAD CROSSING – OMANN BROS. QUOTE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Direct staff to contract with Omann Bros. for the improvements associated with replacement of the Main Avenue NE railroad crossing in the amount of $92,631.61. INFORMATION: The city previously approved the BNSF contract for the Railroad to replace the crossing. The work to be completed by Omann’s generally includes sidewalk, street, curb, culvert replacement, ditch grading, and other items associated with the crossing and per the project plans. Quotes for the improvements ranged from $92,631 to $125,516. Omann’s will begin the work when the Railroad begins work on the crossing. It is not known when the Railroad will begin this work, but understood to be yet this year. BNSF requires flagger services when work is taking place within 25-feet of the tracks. BNSF provides these services; however, the city is required to pay for the service at the BNSF rate in effect at the time of construction. The BNSF rate is estimated by the Railroad to be between $1,000 and $1,600 per 8-hour. The cost of flagging services will be an added project cost. KEY ISSUES: • The crossing is in need of improvement. • This is project is consistent with City’s 5-year Street CIP • The crossing agreement requires the City to close Main Avenue NE while the Railroad is performing their work. • The schedule for the project will be entirely determined by the Railroad. FINANCIAL CONSIDERATIONS: The total construction cost will include $70,000 for the railroad crossing and $92,631 for the related site improvements, plus any costs associated with flagging services. Capital reserves designated for transportation and budgeted pavement funds will be used to fund the project. LEGAL CONSIDERATIONS: The City has the authority to make capital purchases on behalf of the City. Submitted through: Adam Nafstad, City Administrator-PWD On-File: Main Avenue NE Railroad Crossing plan set BNSF Agreement Quotes for site improvements Agenda Page 21 M:\Public Data\City Council\Council Packet Information\2016\080116\2016-08-01 Yard Waste RCA.docx Meeting Date: August 1, 2016 Mayor and Council Request for Action _____________________________________________________________________________ July 28, 2016 SUBJECT: PLANNING – ORDINANCE AMENDING THE CITY CODE RELATING TO YARD WASTE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Adopt Ordinance No. 2016-07 Amending Title 5 Chapter 1-5 of the Albertville Municipal City Code Relating To Nuisances, Garbage, Refuse, and Earth Deposits Affecting Public Safety. BACKGROUND: The City of Albertville has received complaints regarding the placement of grass clippings and yard waste in drainage easements and the buffer yards of wetlands and stormwater ponds. The depositing of this yard waste in these areas interrupts drainage patterns, reduces the effective stormwater treatment of the buffer yards, and introduces water contaminants to the stormwater (fertilizers and compost materials). This creates green ponds and unpleasant odors for the adjoining properties. While this issue has been addressed through the enforcement of the nuisance code, the code language is not specific to this issue. Staff is recommending the attached ordinance amendment to provide a clear and specific prohibition of this activity. The draft ordinance amendment includes language that prohibits dumping of yard waste in and around wetlands; wetland buffer areas; stormwater pond areas; and related sensitive natural areas. KEY ISSUES: • Staff has received an increased number of complaints relating to dumping of grass clippings/yard waste on or near water ways as well as clippings being deposited onto City streets. • Enforcement of the code language will include a door hanger for properties that are seen to be in violation of City Code. Any subsequent violations will result in an automatic $200 administrative fine to the property owner. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to amend the City Code as needed. Responsible Person/Title: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Ordinance 2016-07 Agenda Page 22 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2016 -07 AN ORDINANCE AMENDING TITLE 5 CHAPTER 1-5 OF THE ALBERTVILLE MUNICIPAL CITY CODE RELATING TO NUISANCES, GARBAGE, REFUSE, AND EARTH DEPOSITS AFFECTING PUBLIC SAFETY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Title 5 Chapter 1 of the Albertville City Code is hereby amended as follows: 5-1-5: PUBLIC NUISANCES AFFECTING PEACE AND SAFETY: The following are declared to be nuisances affecting public peace and safety: P. Garbage, Refuse And Earth Deposits: 1. The deposition of garbage, refuse, lawn clippings, yard waste on a public right of way or on adjacent private property. 2. Throwing, placing, or depositing dirt, rocks, sand, leaves, trash, lawn clippings, weeds, grass, or other materials in the streets, sidewalks, ditches, wetlands, wetland buffer areas, stormwater ponds, stormwater pond buffer areas, drainage easements, etc. or other public ways and the gutters thereof. 3. Permitting dirt, rocks or mud from construction or landscaping activities to be carried or deposited onto nearby streets, storm sewers, sidewalks, ditches or other public ways and the gutters thereof. (2005 Code) This amendment shall be in full force and effective immediately following its passage and publication. Adopted by the Albertville City Council 1st day of August, 2016. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 23 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2016\080116\RCA re Kilbur sale 8-1-16.docx Meeting Date: August 1, 2016 July 28, 2016 SUBJECT: LEGAL – SECOND AMENDMENT TO TOWNE LAKES 6TH ADDITION DEVELOPER’S AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the Second Amendment to Towne Lakes Planned Unit Development Agreement, Towne Lakes 6th Addition. BACKGROUND: In 2005, the City and Contractor Property Developers Company (“CPDC”) entered into a development agreement for the development of Towne Lakes 6th Addition. CPDC installed some of the infrastructure before the housing bust hit and all work was stopped. The bank eventually foreclosed on the property and sold the property to the Kilbur Development Group in 2010. The City and Kilbur entered into an amendment to the Developer’s Agreement which required Kilbur to complete some of the more immediate infrastructure improvements and allowed others to be delayed until residential units are constructed or until 2020. Kilbur has completed all obligations that are required to be completed at this time, and remains in compliance with the Development Agreement. When Kilbur purchased the property it made it clear that it was merely an investment group which intended on holding the property for a period of time until the market recovered and the property could be sold to a developer that would finish the development and construct the homes. Kilbur now proposes to sell the property to a buyer that will complete the development. At this point City Staff is recommending that the City enter into the attached Second Amendment to the Development Agreement which would essentially transfer Kilbur’s development obligations to the new buyer. In addition, upon purchasing the land, the new buyer would dedicate the necessary right of way needed for the construction of Large Avenue and agree to pay half of the costs of constructing Large Avenue at such time as either the Towne Lakes 7th plat is approved or Hunters Pass 3rd Addition is approved. KEY ISSUES: • Other than the changes relating to the dedication of Large Avenue and its future construction, the proposed action merely substitutes a new owner for the Kilbur Development group under the existing developer’s agreement and its subsequent amendments. • The existing letter of credit will either be maintained or replaced in the same amount by the buyer. • The buyer intends on commencing construction on the Towne Lakes 6th Addition plat as soon as possible. Agenda Page 24 Mayor and Council Request for Action – August 1, 2016 Towne Lakes 6th Addition Developer’s Agreement Page 2 of 2 M:\Public Data\City Council\Council Packet Information\2016\080116\RCA re Kilbur sale 8-1-16.docx Meeting Date: August 1, 2016 POLICY/PRACTICES CONSIDERATIONS: The City has previously allowed owners of unfinished developments to transfer their obligations under developer’s agreements to buyers of the property, provided the City’s security (an acceptable letter of credit) remains in place. FINANCIAL CONSIDERATIONS: The change in ownership will not have any financial impact upon the City. LEGAL CONSIDERATIONS: Except for the dedication of Large Avenue and the agreement to pay half its costs, the transfer of ownership and this Second Amendment will not alter the existing terms of the Developer’s Agreement as amended by the Kilbur amendment. Department/Responsible Person: Mike Couri, City Attorney Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Second Amendment to Towne Lakes 6th Addition Developer’s Agreement Agenda Page 25 1 CITY OF ALBERTVILLE SECOND AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT TOWNE LAKES 6TH ADDITION WHEREAS, the City of Albertville (“City”), a Minnesota municipal corporation, and Contractor Property Developers Company (“Developer”), entered into an Agreement titled “Planned Unit Development Agreement Towne Lakes 6th Addition” (“Developer’s Agreement”) dated September 7, 2005 and recorded as document number 1003634 at the Wright County Recorder’s Office, Wright County, Minnesota; and WHEREAS, Kilber Section 36, LLC (“Kilber”), a North Dakota limited liability company, purchased the property subject to the Developer’s Agreement; and WHEREAS, Kilber and the City executed an Amendment to Planned Unit Development Agreement, Town Lakes 6th Addition (“First Amendment”) which has been recorded as document number 1164289 at the Wright County Recorder’s Office; and WHEREAS, Kilber has since sold the property that this the subject ofto the Developer’s Agreement and the First Amendment to _________________ (“Developer”); and WHEREAS, ______________ acknowledges that it is bound by the Developer’s Agreement and the First Amendment by virtue of its ownership of the property subject to the Developer’s Agreement and all references hereafter in this Amendment, the First Amendment and in the Developer’s Agreement to “Developer” shall mean ___________________; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party’s promises and considerations herein set forth, as follows: 1. Paragraph 2.T. is hereby added to the Developer’s Agreement, as follows: T. Dedication and Construction of Large Avenue. i. Upon the execution of this First Amendment, Developer shall dedicate that portion of the proposed right of way of Large Avenue located on the Subject Property to the City in substantially the configuration as shown on the attached Exhibit H. Developer shall provide a legal description for such dedication that meets the approval of the City Engineer and City Attorney. ii. Developer understands and agrees that the construction of Large Avenue according to the plans attached as Exhibit H is necessary to serve as an access point to the Development as well as to the property adjoining the Development on the east property line of the Development (“Adjoining Agenda Page 26 2 Property”). At the time of the signing of this document, it is not known whether the Development or the Adjoining Property will first plat property abutting Large Avenue. Developer agrees that if it plats property abutting large Avenue prior to the Adjoining Property, Developer shall dedicate and construct the entire width of Large Avenue consistent with plans and specifications as required by the City Engineer. In such event, Developer shall pay one-half of the cost of the construction of Large Avenue and the owner of the Adjoining Property shall pay the other half pursuant to a separate agreement with the City. iii. In the event the Adjoining Property is the first to plat property abutting Large Avenue, the owner of the Adjoining Property shall construct Large Avenue and Developer shall pay the owner of the Adjoining Property one-half of the cost of constructing Large Avenue. iv. All such payments made pursuant to paragraphs 2.T.ii. or 2.T.iii. shall be made within 30 days of billing by either party, provided the City Engineer has first confirmed that the costs billed for approximately correspond to quantities installed. Engineering costs incurred by the City in the design and inspection of Large Avenue as well as any other costs incurred by the City related to the construction of Large Avenue shall be included in the costs of construction of Large Avenue, and Developer agrees to pay one-half of such costs incurred by the City within 30 days of billing by the City. Any billing dispute which may arise between the Developer and the owner of the Adjoining Property shall not be a basis for delay in the completion of Large Avenue. v. In the event the Adjacent Property owner constructs Large Avenue, Developer shall provide the City with temporary construction easements over the Subject Property as necessary for the construction of Large Avenue. 2. Paragraph 3A of the Developer’s Agreement is modified to read as follows: A. On or before September 30, 2016, the Developer shall construct those Municipal Improvements located on Said Plat as detailed in the Plans and Specifications for Towne Lakes Sixth Addition, as prepared by Westwood Professional Services dated February 8, 2005 and revised September 22, 2005 and on file with the City Clerk, including completion of all items listed on the attached Exhibit A, except that completion of the following items may be delayed as follows: i. Sidewalks shall be installed consistent with the timeline set out in this subparagraph: a. On the south Side of 68th Street, between Linwood Drive and Wright County State Aid Highway No. 19 (the Shoppes at Towne Lakes 2 plat), the sidewalk shall be installed by Agenda Page 27 3 Developer when a building is constructed on the lot adjacent to 68th street where there is no sidewalk currently. b. On the north Side of 68th Street, between Linwood Drive and Wright County State Aid Highway No. 19 (Outlot A to Said Plat), the sidewalk shall be installed by Developer when a building is constructed on the lot adjacent to 68th street, and such sidewalk shall extend from the western edge of said lot east to the intersection of 68th Street and Linwood Drive. c. On the west side of Linwood Drive north of 68th Street, the sidewalk shall be installed by Developer when a building is constructed on a lot adjacent to Linwood Drive, and such sidewalk shall extend from 70th Street to 68th Street. d. On the east side of Linwood Drive, north of 68th Street, the sidewalk shall be installed by Developer adjacent to the townhomes abutting Linwood Drive prior to the issuance of an occupancy permit for such townhomes, and such sidewalk shall extend south to the intersection of Linwood Drive and 68th Street. e. On the west side of Lancaster Way, north of 68th Street, the sidewalk shall be installed by Developer adjacent to the townhomes abutting Lancaster Way prior to the issuance of an occupancy permit for such townhomes, and such sidewalk shall extend south to the intersection of Lancaster Way and 68th Street. f. Notwithstanding the foregoing, all sidewalks shall be installed no later than the earlier of 1) the time of issuance of the final occupancy permit for the last residence to be constructed on Said Plat or 2) four years from the date of this Agreement. ii. Final finish grading of lots shall be performed prior to issuance of an occupancy permit, but Developer shall ensure that the Subject Property drains in a manner consistent with the grading and drainage plan attached to the Developer’s Agreement and shall immediately correct any areas of the Subject Property that do not drain properly. iii. All such improvements shall be constructed at Developer’s expense according to the standards adopted by the City, along with all items required by the City Engineer. The City Engineer will promptly inspect the Municipal Improvements upon their completion and, when satisfactorily completed, recommend acceptance of such improvements by the City Council. The City Council shall not unreasonably withhold acceptance of such completed Municipal Improvements. 3. Paragraphs 6A and 6B of the Developer’s Agreement areis hereby modified to read as follows: Agenda Page 28 4 A. Developer will provide the City with an irrevocable letter of credit as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $116,525. Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off-site improvements, Municipal Improvements described above, landscaping, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. 4. Paragraphs 7A and 7B of the Developer’s Agreement are hereby modified to read as follows: A. Periodically, as portions of the Municipal Improvements and landscaping are completed, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements and landscaping which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. The City may at all times retain the letter of credit in an amount sufficient to complete the unfinished Municipal Improvements and landscaping required by the Developer’s Agreement. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or landscaping have been installed, the letter of credit or surety may be reduced pursuant to paragraph 7A above, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. Agenda Page 29 5 5. The boulevard trees located on the Landscape Plan attached to the Developer’s Agreement shall be installed consistent with the timelines set out in this paragraph: a. On the east side of Linwood Drive, upon the issuance of an occupancy permit for townhomes abutting Linwood Drive, but only from such townhomes south to the intersection of Linwood Drive and 68th Street. b. On the west side of Linwood Drive, when the corresponding trees on the east side of Linwood Drive are required to be planted. c. On 68th Street west of Linwood Drive, upon the construction of a building abutting 68th Street. d. On 68th Street between Linwood Drive and Lancaster Way, upon the issuance of an occupancy permit for any of the townhome units abutting 68th Street. e. On the west side of Lancaster Way, upon the issuance of an occupancy permit for townhomes abutting Lancaster Way, but only from such townhomes south to the intersection of Lancaster Way and 68th Street. f. On the east side of Lancaster Way, upon the issuance of an occupancy permit for a single family home, but only where trees are abutting the lot that contains such single family home. g. Notwithstanding the foregoing, all boulevard trees shall be installed no later than the earlier of 1) the time of issuance of the final occupancy permit for the last residence to be constructed on Said Plat or 2) four years from the date of this Agreement. 6. City and Developer agree that ____________________, as successor to Contractor Property Developers Company under the Developer’s Agreement, shall not be liable for any of Contractor Property Developers Company’s obligations under developer’s agreements pertaining to the Towne Lakes first, second, fourth, or fifth additions, and that ______________________ liability under the developer’s agreement pertaining to Towne Lakes Third Addition, recorded in the Wright County Recorder’s Office as document number 894487, shall arise only to the extent that ___________________ is the successor to Contractor Property Developers Company in the Towne Lakes Sixth Addition Developer’s Agreement. Notwithstanding this paragraph, Developer shall not be released from any liability arising from a wetland permit covering land in the Towne Lakes Sixth Addition, regardless of whether that permit also covers prior Towne Lakes additions. 7. Developer shall take all necessary steps to amend the NPDES permit for Said Plat to make Developer the responsible party under such permit. 7.8.Upon 1) the execution of this Agreement by the City and Developer, and 2) the posting of an acceptable letter of credit with the City by Developer, Kilber shall be released from all obligations of the Developer’s Agreement and the First Amendment, and the City shall release the entire remaining balance of Kilber’s letter of credit via a written acknowledgement to the issuing bank that the City authorizes such issuing bank to terminate the Kilber letter of credit immediately. Formatted: Font: Bold Formatted: No bullets or numbering Agenda Page 30 6 8.9.Developer’s Agreement. Except as specifically altered by this Amendment, the terms of the Developer’s Agreement and the First Amendment shall remain in full force and effect for the properties in Towne Lakes 6th Addition. Dated this ___________ day of AugustJuly, 2016. CITY OF ALBERTVILLE, By_______________________ Its Mayor By_______________________ Its Clerk ___________________________ By_____________________ Its:_____________________ By_____________________ Its____________________ STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ____________ day of AugustJuly, 2016 by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. ___________________________________ Notary Public Agenda Page 31 7 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ____________ day of AugustJuly, 2016, by Kimberly Olson, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. ___________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ____________ day of __________________, 2016, by _____________________, the __________________ of ________________________. ___________________________________ Notary Public DRAFTED BY: Couri, MacArthur & Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 Agenda Page 32 8 EXHIBITS EXHIBIT A Municipal Improvement and Landscaping Items to be Completed EXHIBIT A WORK TO BE COMPLETED 1. Submit televised logs and video of sanitary sewer system for City review and approval. 2. Submit record drawings for City review and approval. 3. Bituminous street patching and repairs, as required prior to final lifts. 4. Placement of final lifts of bituminous per approved plans. 5. Repair and/or replacement of damaged storm sewer. 6. Adjust castings as required for final lift of pavement. 7. Street striping and signage per approved plans. 8. Grade and restore boulevards and medians within public right-of-way. 9. Finish-grading of lots, ponds and drainage ways per approved plans 10. Remove all silt fence, debris piles, and hay bales from site. 11. Remove inlet protection from all storm sewer structures and clean storm sewer as required. 12. Construct sidewalks per approved plans. 13. Installation of landscaping and plantings per approved plans. Formatted: Left Agenda Page 33 9 Formatted: Title, Left, Hyphenate, Tab stops: Not at -0.5" Agenda Page 34 Agenda Page 35 Page 1 of 2 Couri & Ruppe, P.L.L.P. Memo To: Adam Nafstad, City Administrator; Albertville City Council From: Mike Couri Date: July 5 , 2016 Re: Attorney Report Below is an update of the projects our office has been working on for the City. • I-94 Ramp Easement. The State is asking the City to obtain I-94 ramp easement from Albertville Marketplace using a revised legal description as the State wants clearer language in the deed from the City to the State for the ramp easement. The easement area remains unchanged—the State simply wants its specific language used in the easement document. Adam is trying to reach the owner to get the new deed signed. • Charter Cable. Charter Cable has replied to our request regarding the free cable service it is to provide to the City. Their contention is that the City is only entitled under Federal law to collect a maximum of 5% in franchise fees, which we are already collecting. Charter believes that provision of free cable service to municipal buildings over and above that 5% is prohibited under Federal law. I will check the law on this and see if Charter’s interpretation is correct. • Prairie Run. Fieldstone has closed on nine of the 10 lots on the private street and has closed on three of the 15 lots that went tax forfeit. Home sales have been very good for Fieldstone at this location this year. Agenda Page 36 Page 2 of 2 • City Hall Cleaning Contract. I have been working with Adam on preparing a new City Hall cleaning contract. • Towne Lakes 6th Addition. Kilbur Development, which bought the Town Lakes Sixth Addition property six years ago has found a buyer for the property. This buyer will likely begin building homes on the property soon. I have prepared an amendment to the Developer’s Agreement to transfer responsibility under the Developer’s Agreement from Kilbur to the new buyer. That amendment to the Developer’s Agreement is slated to be on the agenda for the August 1st meeting. • Karston Cove III. I have contacted the attorney for Karston Cove III and the developer and its attorney will be meeting with City Staff at the August 2nd staff meeting to discuss possible options to resolve this issue. Agenda Page 37 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2016\080116\2016-08-01 Tort Liability.docx Meeting Date: August 1, 2016 July 28, 2016 SUBJECT: FINANCE DEPARTMENT – TORT LIABILITY INSURANCE RENEWAL RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Waive the City’s monetary limits on tort liability and purchase additional coverage up to the $1,000,000 per occurrence and in aggregate. BACKGROUND: The City has in past years waived the City’s monetary limits on tort liability and purchased additional coverage up to the $1,000,000 per occurrence and in aggregate. The League of Minnesota Cities Insurance Trust (LMCIT) requires “Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort limits to the extent of the coverage purchased. This decision must be made by the City Council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage.” The City Council must make a decision to waive or not waive the statutory limits prior to the October 1, 2016 expiration/renewal date per LMCIT requirements in order for coverage to continue beyond that date. Upon submission of this "signed and dated" Waiver Form, the LMCIT will issue an Extension of Coverage Binder effective with a 10/1/2016 effective date. It usually takes more than thirty (30) days for the LMCIT to process a renewal application. The Extension of Coverage Binder assures the City of coverage beyond the 10/1/2016 renewal date. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve tort liability options annually. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends waiving the tort liability to the extent of the limits of liability coverage obtained from LMCIT as in the past. The additional coverage increases our annual insurance premium an estimated 3% higher, about $2,500. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to contract for insurance coverage including waiving the statutory tort liability limit. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, Administrator -PWD Agenda Page 38 Agenda Page 39 Agenda Page 40 Agenda Page 41 Agenda Page 42 Agenda Page 43 Agenda Page 44 Agenda Page 45 City Administrator’s Update August 1, 2016 GENERAL ADMINISTRATION Long-Range Financial Plan: Financial Advisor Kevin Knopik with Abdo, will present the City’s projected long range plan through 2021 at the beginning of the meeting. Budget Workshop #1: Our first workshop for the 2017 Budget will be immediately following the regular meeting. Ice Arena: The Design Committee met on Wednesday the 13th and reviewed the current concept. The current estimate of the facility is $9.2 million. The concept is generally complete with details still needing to be worked out. The Committee plans to present the concept to the Arena Board at its August meeting. 2016 Elections Update: Filing will begin on August 2 and run through 5:00 p.m. on August 16. The deadline to withdraw from filing is August 18 at 5:00 p.m. The Primary Election will be on Tuesday, August 9, 2016 from 7:00 a.m. to 8:00 p.m. at STMA Middle School West in the cafeteria. Main Avenue NE Entrance Sign: Color Sign has installed the new double-sided message center, but has not completed the software install. FYCC: At the meeting this morning, the FYCC Board approved its 2016-2017 Budget. The city’s contribution increased by approximately $950. ENGINEERING/PUBLIC WORKS Ballfield Lighting: This past week Tim Guimont and I met with representatives of the various baseball groups that utilize and help manage and care for the baseball field. The goal was to make sure all stakeholders were happy with the current orientation and layout of the field before the lighting investment is made. After lengthy discussion, all groups agreed the current filed orientation is best; however, outfield fence lines/distances need further review. Al and I are putting together some fence/outfield alternatives and will be meeting with the group again the second week of August. Parks Committee: The Park Committee met on Monday and primarily focused its discussion on improvements to Westwind Park. The committee is evaluating repurposing and replacing equipment, adding green space and reducing the sand, improving the sidewalks/trails through the park. For planning purposes, the Committee estimated budget for improvements is between $100,000 and $150,000. Agenda Page 46 City Administrator’s Update Page 2 of 2 July 28, 2016 Main Avenue RR Crossing: The low quote for the street related portion of the project is included on the agenda. UPCOMING EVENTS and ANNOUNCEMENTS: (none) Agenda Page 47