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2017-12-04 CC Agenda Packet City of Albertville Council Agenda Monday, December 4, 2017 City Council Chambers 7:00 p.m. 6:30 p.m. Truth-in-Taxation Hearing 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 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 November 20, 2017 regular City Council meeting minutes as presented (pgs 4-9) B. Authorize the Monday, December 4, 2017 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 (pg 10) City Hall upon request C. Release Letter of Credit No. 2220 in the amount of $9,273 and held as security for the nd Hunters Pass 2 development, conditioned on any outstanding balances owed to the (pgs 11) City being paid in full 7.Public Hearings A.Evans Park, Inc. RefundingBonds (pgs 12-22) Presentation of item Open the public hearing Call for comments Motion to close the public hearing. Motion to approve resolution No. 2017-045 consenting to the issuance of refunding revenue bonds under Minnesota statues, chapter 462c, by the City of Otsego, for the refunding of outstanding revenue bonds issued by the City of Albertville. P:\\City Council\\Council Agendas\\2017 Agenda Packets\\2017-12-04 CC Agenda.docx Meeting Date: December 4, 2017 Agenda Page 1 City of Albertville Council Agenda Monday, December 4, 2017 Page 2 of 3 B.Small Cell Wireless Ordinance Amendments to the Right of Way and Zoning Chapters of the Albertville City Code (pgs 23-33) Presentation of item Open the public hearing Call for comments Motion to close the public hearing. Motion to adopt Ordinance No. 2017-11 amending the Zoning Ordinance relating to small cell wirelessfacilities. Motion to adopt Ordinance No. 2017-12 amending Chapter 2, Right of Way Management. 8.Department Business A.Planning/Zoning th 1).Karston Cove 4Addition Concept Plan (pgs 34-47) B.Public Works/Engineering 1).Hunters Lake Water Budget Analysis (pgs 48-58) 2).Central Park Property Acquisition (pgs 59-63) (Motion to direct City staff to enter into negotiations with property owners to acquire two properties along 58th Street NE currently for sale for the expansion of Central Park.) C.City Council 1).Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) D.Finance 1).2018 Property Tax Levy and Final Budget (pgs 64-68) (Motion to Approve Resolution No. 2017-046 entitled a Resolution Adopting Property Tax Levy Collectible in 2018 (for 2.89%) and approve Resolution No. 2017-047 entitled a Resolution Adopting the 2018 Final Budget. ) 2).Enterprise Funds Update (pg 69) E.City Clerk 1).Polling Location Discussion (pgs 70-72) F.Fire – None G.Building –None H.Legal – None P:\\City Council\\Council Agendas\\2017 Agenda Packets\\2017-12-04 CC Agenda.docx Meeting Date: December 4, 2017 Agenda Page 2 City of Albertville Council Agenda Monday, December 4, 2017 Page 3 of 3 I.Administration th 1).Towne Lakes 6 Addition Home Modifications – Handout at Meeting (pgs ) 2).Trailblazer Agreement (pgs 73-76) (Motion to approve the agreement between Wright County and Wright County Area Transportation Joint Powers Board relating to transit.) 3).City Administrator’s Update(pgs 77-80) 9.Announcementsand/or Upcoming Meetings December 11 STMA Ice Arena Board, 6:00 p.m. December 12 Planning Commission, 7:00 p.m. December 18 City Council, 7:00 p.m. December 25 City Offices Closed, Christmas Day December 26 Joint Powers Water Board, 6:00 p.m. January 1 City Offices Closed, New Year’s Day January 2 City Council, 7:00 p.m. January 8 STMA Ice Arena Board, 6:00 p.m. January 9 Planning Commission, 7:00 p.m. January 15 City Offices Closed, Martin Luther King Jr. Day January 16 City Council, 7:00 p.m. January 22 Joint Powers Water Board, 6:L00 p.m. Parks Committee, 8:00 p.m. January 29 Joint Governance Meeting, TBD DECEMBERJANUARY SuM TuW ThF Sa SuM TuW ThF Sa 12 HCC ``123456 CC 3456789 Ice PC 78910111213 Ice PC 10111213141516 HCC 14151617181920 CC 17181920212223 JPPK 21222324252627 JM HJPPK 29 24252627282930 283031 31 10.Adjournment P:\\City Council\\Council Agendas\\2017 Agenda Packets\\2017-12-04 CC Agenda.docx Meeting Date: December 4, 2017 Agenda Page 3 ALBERTVILLE CITY COUNCIL Monday, November 20, 2017 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1.CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:01 p.m. 2.ROLL CALL Present: Mayor Hendrickson and Council members Hudson, Olsonand Vetsch Absent: Council member Cocking StaffPresent: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, Finance Director Tina Lannes and City Clerk Kimberly Hodena Others Present: Deputy Ben Schaap 3.RECOGNITIONS –PRESENTATIONS –INTRODUCTIONS - None 4.PUBLIC FORUM There was no one present for the forum. 5.AMENDMENTS TO THE AGENDA Motioned by Olson, seconded by Hudson, to approve the Agenda as presented. Ayes: Hendrickson, Hudson, Olsonand Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. 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 November 6, 2017 regular City Council meeting minutes as presented B. Authorize the Monday, November 20, 2017 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 Page 1 Agenda Page 4 Motioned by Hudson, seconded by Olson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Hudson, Olson and Vetsch.Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. 7.PUBLIC HEARINGS –None A.2017 Certification Of Uncollected Utility Bills And Invoices Hendrickson opened the public hearing. Lannes reported that annually any outstanding invoices or utility bills may be certified to Wright County for assessment. Hendrickson called for comments and there were no comments. Motioned by Olson, seconded by Hudson, to close the public hearing. Ayes: Hendrickson, Hudson, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. Motionedby Olson, seconded by Hudson, to approve Resolution No. 2017-042 entitled a Resolution Certifying the 2017Uncollected Utility Bills and Invoices to Wright County for Collection with Real Estate Taxes. Ayes: Hendrickson, Hudson, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. B.2017 Certification of Driveway Improvement Assessments Nafstad reported that during the 2017 street and trail improvement project, a number of driveways were scheduled to be partially replaced as part of the project. Residents with partial driveway replacement inquired about the possibility of having their entire driveway replaced rather than the planned partial replacement. Also, residents with driveways not impacted by the project also inquired about having their driveway replaced as part of the project. A special assessment option was authorized by the Council for residents who desired to make driveway improvements as part of the project. The terms of the special assessment isfive years with a 5.8% interest rate. Nafstad stated there were approximately 19 residences that took advantage of the special assessment option. Nafstad stated that staff would like to look at the possibility ofoffering this option to other residents. Hendrickson inquired if this would be only during street construction projects and Nafstad replied that it could be an ongoing program. He stated there are a number of homes that are in need of driveway repair and this may be a good option for the residents. Hendrickson opened the public hearing and called for comments. There were no comments. Motioned by Vetsch, seconded by Olson, to close the public hearing. Ayes: Hendrickson, Hudson, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. Motioned by Hudson, seconded by Olson, to approve Resolution No. 2017-043 entitled Resolution Adopting Driveway Improvement Assessments. Ayes: Hendrickson, Hudson, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. City Council Meeting MinutesPage 2 Regular Meeting of November 20, 2017 Agenda Page 5 8.DEPARTMENT BUSINESS A.City Council 1).Committee Updates (, Planning, JPWB, Parks, Fire Board, FYCC, etc.) STMA Ice Arena Hudson reported the Board heard about temporary parking possibilities during construction of the second sheet of ice at the arena. He also reported the Board discussed expanding the contract with STMA Youth Hockey Association for advertising at the arena. He stated the group is motivated and has been consistent with advertising sales. Lannes reported that the contract would approximately double. Hudson stated a portion of the funds STMA Youth Hockey receives from the advertising contractare given to the arena and itis beneficial to operation of the arena. Hendrickson stated the group does a very nice job with the contract. B.Finance 1).Fire Relief Pension Lannes reported there are several ways the assets for thefirerelief association are calculated. The City is required to fund potential fire relief pension shortfalls if the relief’s assets fall below 80% of the pension liability. The annual retirement benefit for the department is $2,400 per year of service. Council may increase the amount of benefit per year of service, but Lannes clarified that once it is increased, it cannot go back down. Hendrickson questioned if the benefit goes back to all years of service per firefighter and Lannes confirmed it does. Nafstad stated the State’s formula for calculatingassets and liability assumes that all firefighters would cash in their pension at the same time. Hendrickson asked how Albertville compares to other cities. Nafstad stated that other Wright County departments are higher at the amount per year of service, but they vary in how each city funds the liability. Couri stated the risks involved include stock prices falling and the amount of fire aid the department receives due to its contract with Otsego. They receive more fire aid because of the larger service area. Nafstad stated the recommendation is conservative and the Council can look at another increase the following year if needed. The options before Council are to increase the pension benefit to either $2,600, $2,700 or $2,800 per year of service. Lannes stated there is more risk at $2,800. Motioned by Vetsch, seconded by Hudson, to approve Resolution No. 2017-044 Amending the Annual Retirement Benefit for the Albertville Volunteer Fire Department.Ayes: Hendrickson, Hudson, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. 2).Server Replacement Quotes Lannes reported the City only has the ability to back up 24 hours of data on the current server. She stated that staff received two quotes for the replacement server. Nafstad inquired if there is a less expensive way to address the current needs such as utilizing the cloud. Lannes responded there is no guarantee of back up and Couri stated there are data breach concerns. Hudson inquired how long the new server would last. Lannes stated that ideally it should last about seven years and the new server would have the ability to add space to it. City Council Meeting MinutesPage 3 Regular Meeting of November 20, 2017 Agenda Page 6 Motioned by Hudson, seconded by Olson, to authorize staff to accept quote from Business Ware Solutions for Server hardware, upgrade and local back-up upgrade not to exceed $40,000. Ayes: Hendrickson, Hudson, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. 3).Replacement of Audio/Visual Equipment for CouncilChambers and Multipurpose Room Lannes reported that the processer had recently failed that controls the audio/visual (AV) system and if it fails permanently the AV capabilities would be lost in both the Council Chambers and the Multipurpose Room. The cost of the upgrades would be $85,000 with an option to also replace the document camera for an additional cost of approximately $10,000. Hudson inquired why they wouldn’t want to include the new document camera if everything else is being replaced. Lannes stated it is over ten years old. Vetsch inquired about increasing rental fees to assist in recouping the expense of the room’s equipment and Nafstad replied they could certainly look at fees, which will be coming to Council for approval soon. Hudson inquired about broadcasting meetings. Lannes replied the cost is quite a bit to add the equipment and cameras needed. Couri stated that the franchise fee the City receives from Charter Communications could be used to broadcast meetings, but that means it would no longer go into the general fund. Hudson felt there could be a more economical way to broadcast Council meetings. Olson would like to amend the motion to include the document camera. Lannes suggested the amount be changed to not exceed $95,000. Motioned by Olson, seconded by Vetsch, to authorize staff to accept quote from Tierney Brothers for Audio-Visual hardware, upgrade and installation not to exceed $95,000. Ayes: Hendrickson, Hudson, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. C.Fire 1).City of Otsego Fire Protection Agreement Nafstad reported the City is nearly complete with its first five year contract providing fire protection to a portion of Otsego and the contract will expire at the end of 2017. The proposed renewal contract is for another five years from 2018-2022. Motioned by Vetsch, seconded by Olson, to approve the 2018 - 2022 Fire Protection Agreement with the City of Otsego. Ayes: Hendrickson, Hudson, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. D.Legal 1).Small Cell Wireless Collocation Agreement Couri reported there is new legislation that allows cell phone providers to install small cell wireless devices to be located within a City’s right-of-way and on City owned poles or structures. These devices will be used for the next generation of cellular service. Cities may not prohibit the City Council Meeting MinutesPage 4 Regular Meeting of November 20, 2017 Agenda Page 7 collocation of these devices, but can require the providers to enter into an agreement relating to terms of use. A city wishing to have this type of agreement in place must approve it by November 30, 2017. Couri reported the proposed agreement would require the following; $150 fee per City structure used Provide $2 million insurance coverage and lists the City as an additional insured Repair of damage to the right-of-way Indemnify the City Couri anticipates a large demand to collocate on City structures. Nafstad reported that an amended right-of-way ordinance and adjustment to the zoning code will be brought to the next meeting. Motioned by Hudson, seconded by Olson, to approve small wireless facility collocation agreement for attachment to Albertville infrastructure or City of Albertville managed public right of way. Ayes: Hendrickson, Hudson, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. E.City Clerk –None F.Public Works/Engineering - None G.Planning/Zoning – H.Building –None I.Administration 1).Review of Enterprise Budgets Nafstad stated the enterprise funds are business-type funds and forma Counicl action approving the budgets was not required. Lannes reported the wastewater fund is not funding depreciation. The water fund is only covering operations. She added the $1.00 increase to the base rate over five years has definitely helped. Lannes stated the stormwater fund will improve once a bond drops off. The recycling fund is healthy and will continue to increase with grant funds. Hendrickson inquired about the City’srecycling tonnage per household. Lannes replied it is currently at 35 pounds per household and the goal is 43 pounds per household. 2).City Administrator’s Update Nafstad reported the City must designate polling locations by year end and staff is looking for feedback on possibly moving to two polling locations. Several letters of interest have been received for the expiring term on the Planning Commission and interviews need to be set. Olson felt it better to interview with the Council as a whole rather than part of the Council. City Council Meeting MinutesPage 5 Regular Meeting of November 20, 2017 Agenda Page 8 Motioned by Hendrickson, seconded by Olson, to set a workshop to interview Planning Commission candidates for December 18, 2017 at 6:30 p.m. Ayes: Hendrickson, Hudson, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. Nafstad reported he is working on a temporary parking agreement with Don’s Bus to accommodate parking during the ice arena construction. The STMA Youth Hockey Association is willing to contribute $15,000 to help pay for the agreement and the City would pay the rest. They still need to address insurance as well as paving or laying gravelat the proposed parking area. th Centra Homes will be presenting a new concept for Karston Cove 4Addition at the next meeting that would consist of single family homes. Couri reported on the history of the homeowner’s association for the previous additions and that any new association would not have the same needs. The developer and the former association are at an impasse. Staff has placed the order for the new play equipment for Westwind Park in order to take advantage of fall pricing. The Parks Committee has been talking about locations for a sliding hill at Central Park and staff is looking for feedback. Nafstad showed a proposed location for the hill. 9.ANNOUNCEMENTS AND/OR UPCOMING MEETINGS November 23/24 City Hall Closed, Thanksgiving November 27 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. December 4 Truth-in-Taxation Hearing, 6:30 p.m. City Council, 7:00 p.m. December 11 STMA Ice Arena Board, 6:00 p.m. December 12 Planning Commission, 7:00 p.m. December 18 City Council, 7:00 p.m. December 25 City Hall Closed, Christmas Day December 26 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. 10.ADJOURNMENT Motioned by Olson, seconded by Hudson, to adjourn the meeting at 8:50 p.m. Ayes: Hendrickson, Hudson, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Hodena, City Clerk City Council Meeting MinutesPage 6 Regular Meeting of November 20, 2017 Agenda Page 9 Mayor and Council Request for Action November 30, 2017 SUBJECT: C-F–PB ONSENT INANCEAYMENT OF ILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTIONTO: Authorize the Monday, December 4, 2017 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. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims(under separate cover) .docx P:\\City Council\\Council Packet Information\\2017\\120417\\2017-12-04 Finance Bills Report (RCA) Meeting Date:December 4, 2017 Agenda Page 10 Mayor and Council Request for Action November 30, 2017 ND SUBJECT: C-HPE2A-LOC ONSENT UNTERS ASS STATES DDITIONETTER FREDIT RN.5 EDUCTION O RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approval of the following motion: MOTION TO: ReleaseLetter of Credit No. 2220 in the amount of $9,273 and held as security nd for the Hunters Pass 2 development, conditioned on any outstanding balances owed to the City being paid in full. BACKGROUND :Nathan Jones of Tollberg Homeshas requested full release oftheletter of nd credit held for the Hunters Pass 2 Addition. The Letter of Credit washeld as performance and warranty security for the road improvements and various site improvements and is currently in the amount of $9,273. Assuming the Developer is current with all fees owed to the City and based on work completed to date, it is recommended that Letter of Credit No. 2220be released. KEY ISSUES: Current amount of LOC is $$9,273 and it is recommended that it be released in full. Recommendation is consistent with agreements and approvals. POLICY CONSIDERATIONS: It is City policy to have all letter of credit reductions approved by the City Council FINANCIAL CONSIDERATIONS: There are no financial implications for this request LEGAL CONSIDERATIONS: The City has the legal authority under the Development Agreement to release the letter of credit upon completion of the required improvements or deny requests for release if the required improvements are found unacceptable. Submitted Through: Adam Nafstad, City Administrator-PWD On File: LOC Reduction History P:\\City Council\\Council Packet Information\\2017\\120417\\Hunters Pass 2 RCA (LOC Reduct 5).doc Meeting Date: December 4, 2017 Agenda Page 11 Mayor and Council Request for Action _____________________________________________________________________________ November 30, 2017 SUBJECT:E,I.RBPH FINANCE VANSPARKNCEVENUE ONDSUBLIC EARING RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve resolution No. 2017-045 consenting to the issuance of refunding revenue bonds under Minnesota Statues, chapter 462c, by the City of Otsego, for the refunding of outstanding revenue bonds issued by the City of Albertville. BACKGROUND: In August of 2013, the City of Albertville authorized and provided for the issuance and sale of refunding revenue bonds in an amount up to $5,500,000 for Evans Park, Inc. The consent of issuing conduit debt holds no obligation of payment to the City. Guardian Angels is working to refinance several bonds under the City of Otsego, including the one for Evans Park, Inc. which is currently conduit debt for the City of Albertville. Therefore, the refinancing requires that the City of Albertville grants consent for the Series 2013 Evans Park revenue bonds to be issued under the City of Otsego. KEY ISSUES: No impact to the City of Albertville. FINANCIAL CONSIDERATIONS: None LEGAL CONSIDERATIONS: The resolution has been reviewed by the city’s bond counsel, Kennedy and Graven. Responsible Person/Title: Tina Lannes, City Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2017-045 Agreement P:\\City Council\\Council Packet Information\\2017\\120417\\Evans Park RCA.docx Meeting Date:December 4, 2017` Agenda Page 12 CERTIFICATE CITY OF ALBERTVILLE I, the undersigned being a duly qualified and acting officer of the City of Albertville, Minnesota, hereby attest and certify that: 1.As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2.I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3.I find the attached resolution to be a true, correct and complete copy of the original: RESOLUTIONCONSENTING TO THE ISSUANCE OF REFUNDING REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, BY THE CITY OF OTSEGO, FOR THE REFUNDING OF OUTSTANDING REVENUE BONDS ISSUED BY THE CITY OF ALBERTVILLE 4.I further certify that the affirmative vote on said resolution was ________ ayes, ________ nays, and _________ absent/abstention. 5.Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such officer this _____ day of _________, 2017. City Clerk Agenda Page 13 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-045 RESOLUTION CONSENTING TO THE ISSUANCE OF REFUNDING REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, BY THE CITY OF OTSEGO, FOR THE REFUNDING OF OUTSTANDING REVENUE BONDS ISSUED BY THE CITY OF ALBERTVILLE BE IT RESOLVED by the City Council of the City of Albertville, Minnesota (the “City”), as follows: 1.Authority and Bond Refunding. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the “Act”), the City issued its Refunding Revenue Bonds (Evans Park, Inc. Project), Series 2013, in the original aggregate principal amount of $5,165,000 (Series “2013 Albertville Bonds”), and loaned the proceeds thereof (the “Loan”) to Evans Park, Inc., a Minnesota nonprofit corporation (the “Borrower”), all with the consent of the City of Elk River, to provide refinancing forthe following facilities (collectively referred to as the “Elk River Facilities”): (i) Guardian Angels by the Lake, an assisted living and memory care facility for rental to seniors that includes 60 units assisted living and 30 units of memory care accommodations, located at th 13439 185 Lane NW, in the City of Elk River, and (iii) Evans Park, a 36-unitrental housing facility forindependent seniors, located at 300 Evans Avenue NW, in the City of Elk River. The Borrower has proposed that the Series 2013 Albertville Bonds be refunded in full in order to provide refinancing for the Elk River Facilities, and has further proposed that the outstanding Revenue Bonds (Evans Park, Inc. Project), Series 2013, issued by the City of Otsego, Minnesota, in the original principal amount of $10,000,000 (the “Series 2013 Otsego Bonds”), also be refunded in full to provide refinancing for the Borrower’s Engel Haus facility, a 63-unit independent, assisted living and memory care facility for rental to seniors,located at 5101 Kassel Avenue NE, in the City of Albertville (such facility referred to, collectively with the Elk River Facilities, as the“Project Facilities”). The Borrower has further proposed that refunding revenue bonds (the “Refunding Bonds”) be issued therefor by the City of Otsego (the “Issuer”), to refund the Series 2013 Albertville Bonds and the Series 2013 Otsego Bonds (all collectively referred to as the “Refunded Bonds”), all in accordance with the Act, including Section 462C.14, Subd. 3, thereof, and Minnesota Statutes, Section 471.59 (sometimes referred to as the “Refunding”), subject to the consent of the City, confirming the necessity of the joint action proposed to be taken. The Borrower has further proposed that the City, the Issuer and the City of Elk River enter into a Cooperative Agreement providing for the issuance of the Refunding Bonds by the Issuer and further providing that certain outstanding revenue bonds issued by the City of Elk River also be refunded through the issuance of the Refunding Bonds. The proposed form of the Cooperative Agreement has been placed on file in the offices of the City. Agenda Page 14 2.Findings. It is hereby found, determined and declared that: a.The Refunding will further the purposes and policies of the Act and promote the public welfare of the City and its residents. b.There is no litigation pending or, to the knowledge of the City, threatened against the City relating to the Project Facilities, the Refunded Bonds or the Refunding, or questioning the organization, powers or authority of the City to authorize the issuance of the Refunding Bonds by the Issuer. c.Under the provisions of the Act, the Refunding Bonds shall not be payable from or charged upon any funds other than amounts pledged thereto, including amounts to be payable by the Borrower pursuant to a loan agreement or similar agreement with the Issuer; the City will not be subject to any liability thereon; no owner of the Refunding Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay the Refunding Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; neither the Bonds norany document executed or approved in connection with the issuance thereof shall constitute a pecuniary liability, general or moral obligation, charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Bonds shall not constitute or give rise to a charge against the general credit or taxing powers of the City. d.Within the meaning of Section 462C.14, Subd. 3, of the Act, the City hereby confirms the necessity of the joint actions being taken pursuant hereto by the City of Albertville and the City of Otsego, in order to successfully effectuate the refunding of the Series 2013 Bonds. 3.Public Hearing. A public hearing was held by the City Council of the City (the “Public Hearing”), with respect to the issuance of the Refunding Bonds in an aggregate principal amount not to exceed $17,500,000. The Public Hearing was called and held as required by the Act and the provisions of section 147(f) of the Code and regulations thereunder. At the Public Hearing all persons present were afforded an opportunity to express their views with respect to the issuance of the Refunding Bonds. 4.Approval of Refunding and Cooperative Agreement. Approval is hereby given to: (a) the issuance of the Refunding Bonds by the City of Otsego, in an aggregate principal amount not to exceed $17,500,000, (b) the execution and delivery by one or more officers of the City of the Cooperative Agreement, substantially in the form currently on file in the offices of the City, together with such modifications thereto as are approved by the officer or officers of the City authorized to execute the same, which approval shall be conclusively evidenced by such execution thereof. None of the Bonds shall constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City,or a pledge of or charge against the City’s general credit or taxing powers. All costs of the City relating to the issuance of the Refunding Bonds, whether or not the Refunding Bonds are successfully issued, shall be paid or reimbursed by the Borrower. 2 Agenda Page 15 The Borrower and other parties are hereby authorized to undertake preparation of such documents as may be necessary or desirable in connection with the issuance of the Refunding Bonds and the redemption of the Series 2013 Bonds, including such notices, loan agreements, trust indentures, and further legal and disclosure documents as the Borrower may determine to be necessary or desirable. \[The balance of this page intentionally left blank\] th Adopted by the City Council of theCity of Albertville this 4day of December, 2017. _________________________________ Jillian Hendrickson, Mayor ATTEST: _____________________________ Kimberly A. Hodena, City Clerk 4852-0597-1540\\1 3 Agenda Page 16 DRAFT: 11/__/17 COOPERATIVEAGREEMENT THIS COOPERATIVE AGREEMENT, dated as of December 1, 2017 (the “Cooperative Agreement”), is made and entered into by and between the CITY OF ALBERTVILLE, MINNESOTA (“Albertville”), the CITY OF ELK RIVER, MINNESOTA (“Elk River,” and, together with Albertville, individually or together referred to a “Host City” or the “Host Cities”) and the CITY OF OTSEGO, MINNESOTA (the “Issuer”). RECITALS WHEREAS, Evans Park, Inc., a Minnesota nonprofit corporation (the “Borrower”), has proposed that the Issuer issue its Refunding Revenue Bonds (Evans Park, Inc. Projects), Series 2017A, Series 2017B and Series 2017C (the “Series 2017 Bonds”), in the original aggregate principal amount of not to exceed $17,500,000, to refinance the Borrower’s senior housing facilities described generally as follows (referred to collectively as the “Project Facilities”): (i) Engel Haus, a 63-unit independent, assisted living and memory care facility for rental to seniors, located at 5101 Kassel Avenue NE, in the City of Albertville, (ii) Guardian Angels by the Lake, an assisted living and memory care facility for rental to seniors that includes 60 units th assisted living and 30 units of memory care accommodations, located at 13439 185Lane NW, in the City of Elk River, and (iii) Evans Park, a 36-unitrental housing facility forindependent seniors, located at 300 Evans Avenue NW, in the City of Elk River. WHEREAS, the refinancing will be effected through the refunding, redemption and prepayment of the outstanding revenue bonds consisting of: (i) the Revenue Bonds (Evans Park, Inc. Project), Series 2013, issued by the City of Otsego, Minnesota, in the original principal amount of $10,000,000; (ii) the Refunding Revenue Bonds (Evans Park, Inc. Project), Series 2013, issued by the City Albertville, Minnesota, in the original principal amount of $5,165,000; and (iii) the Revenue Bonds (Evans Park, Inc. Project), Series 2011, issued by the City of Elk River, Minnesota, in the original principal amount of $3,600,000 (all such outstanding bonds referred to collectively as the “Refunded Bonds”). The proceeds of the Series 2017 Bonds will be applied to: (i) the refunding, redemption and prepayment in whole of the Refunded Bonds; (ii) the funding of required reserves; and (iii) the payment of costs of issuance of the Series 2017 Bonds (all collectively referred to as the “Refunding”). WHEREAS, pursuant to Minnesota Statutes, Section 471.656,as amended,a municipalitymay issue obligations to provide financing for property located outside of the corporate boundaries of such municipalityif the issuance of such obligations is consented to by each of corresponding municipality within which such property is located or if the obligations are issued under a joint powers agreement in which one or more of the parties to the joint powers agreement issue such obligations and the property is located entirely within the boundaries of one or more of the parties to the joint powers agreement. WHEREAS, pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of an agreement entered into through action of their governing bodies, two or more municipalities may jointly or cooperatively exercise any power common to the contracting parties or any Agenda Page 17 similar powers, including those which are the same except for the territorial limits within which they may be exercised, and the joint powers agreement may provide for the exercise of such powers by one or more of the participating municipalities on behalf of the other participating municipalities. WHEREAS, the Host Cities and the Issuer are authorized by Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), to carry out the public purposes described in the Housing Act by providing for the issuance of revenue bonds to finance or refinance multifamily housing developments, as described therein, and to act jointly in connection therewith, all in accordance with Section 462C.14, Subd. 3, of the Act. WHEREAS, the Host Cities and the Issuer are proposing to enter into this Cooperative Agreement whereby the Host Cities will consent to the issuance of the Bonds by the Issuer for the purposes of refunding the Refunded Bonds and thereby providing refinancing for the Project Facilities, and the Issuer will agree to issue the Bonds to finance the Project. WHEREAS, the Bonds proposed to be issued by the Issuer for the benefit of the Borrowershall not constitute general or moral obligations of, or pledge the full faithand credit or taxing powers of, the Host Cities, the Issuer, the State of Minnesota (the “State”), or any other agency or political subdivision thereof, but shall be payable solely from the revenues pledged and assigned thereto pursuant to one or more agreements between the Borrower and the Issuer. WHEREAS, the governing bodies of the Host Cities and the Issuer have each authorized the execution and delivery of this Cooperative Agreement. NOW, THEREFORE, the Host Cities and the Issuer hereby agree as follows: 1.The governing bodies of the Host Cities and the Issuer have each conducted a public hearing with respect to the Refunding, noticed and held in accordance with the requirements of section 147(f) of the Internal Revenue Code of 1986, as amended. 2.The governing bodies of the Host Cities and the Issuer have each adopted a resolution approving this Cooperative Agreement and authorizing its execution and delivery (the “Host Cities’ Resolutions”). 3.The Host Cities hereby consent to and approve the issuance of the Bonds by the Issuer for the purposes stated herein. 4. The Issuer will issue the Series 2017 Bonds in the original aggregate principal amount of not to exceed $17,500,000 and the proceeds of the Series 2017 Bonds will be applied to: (i) the refunding and redemption in full of the outstanding Refunded Bonds, (ii) the funding of required reserves, and (iii) the payment of costs of issuance of the Series 2017 Bonds. 5.No litigation is pending or threatened against the Host Cities, to the knowledge of the Host Cities, (i)seeking to restrain or enjoin the resolutions adopted by the City Councils of the Host Cities approving this Cooperative Agreement (the “Host Cities Resolutions”) or the execution and delivery of this Cooperative Agreement; or (ii) in any way contesting or affecting the existence of the powers of the Host Cities to enter into this Agreement. 2 Agenda Page 18 6.The representations, warranties, and agreements of the Host Cities contained in the Host Cities’ Resolutions and this Cooperative Agreement are true and correct in all material respects as of the date hereof. 7.Except to the extent specifically provided herein, the Host Cities and the Issuer shall not incur any obligations or liabilities to each other as a result of the issuance of the Bonds. The Bonds shall be special, limited obligations of the Issuer, payable solely from proceeds, revenues, and other amounts specifically pledged to the payment of the Bonds. The Bonds and the interest thereon shall not constitute or give rise to a pecuniary liability, general or moral obligation, or a pledge of the full faith and credit or taxing powers of the Host Cities, the Issuer, the State of Minnesota, or any other political subdivision of the State of Minnesota, within the meaning of any constitutional or statutory provisions. 8.All costs incurred by the Host Cities and the Issuer in the authorization, execution, delivery, and performance of this Cooperative Agreement and all related transactions shall be paid by the Borrower. 9.This Cooperative Agreement may not be terminated by any party so long as any Series 2017 Bonds are outstanding. 10.This Cooperative Agreement may be amended by the Host Cities and the Issuer at any time. No amendment may impair the rights of the Borrower or the owners of the Series 2017 Bonds. 11.This Cooperative Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same agreement. (The remainder of this page is intentionally left blank.) 3 Agenda Page 19 IN WITNESS WHEREOF, duly authorized officers of the Host Cities and the Issuer have executed this Cooperative Agreementas of the date and yearfirst written above. CITY OF ALBERTVILLE, MINNESOTA, as Host City By Its Mayor By Its City Administrator \[Signature page to Cooperative Agreement by and between the City of Albertville, Minnesota, the City of Elk River, Minnesota, and the City of Otsego, Minnesota\] S-1 Agenda Page 20 CITY OF ELK RIVER, MINNESOTA, as Host City By Its Mayor By Its City Administrator \[Signature page to Cooperative Agreement by and between the City of Albertville, Minnesota,the City of Elk River, Minnesota, and the City of Otsego, Minnesota\] S-2 Agenda Page 21 Execution page of the Issuer to the Cooperative Agreement, dated as of the date and year first written above. CITY OF OTSEGO, MINNESOTA, as Issuer By Its Mayor By Its City Administrator/ Finance Director \[Signature page to Cooperative Agreement by and between the City of Albertville, Minnesota, the City of Elk River, Minnesota, and the City of Otsego, Minnesota\] 4847-9753-3014\\2 S-3 Agenda Page 22 NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM TO:Adam Nafstad FROM:Alan Brixius / Ryan Grittman DATE:November 9, 2017 RE:Albertville -Small Cell Wireless Ordinance FILE NO:163.05 -17.16 BACKGROUND A new law was enacted in the 2017 Legislative Session that would allow small cell wireless equipment to be placed within public street rights-of-way. This legislation allows this equipment to locate on City-owned equipment (i.e., power poles, street lights) or allows for the installation of a 50 foot tall structure within the public right-of-way to support an antenna array. The law is intended to expand broadband service coverage and accelerate delivery of service. This is needed to address the rapidlygrowing consumer market and new technologies all utilizing the broadband network. Workingwiththe City staff, the City Attorney has prepared the attached code amendments addressing the introduction of this new use within the public rights-of-way. The equipment can be attached to existing utilities (such as a light pole), or they can be attached to a newly constructed pole. Attached for reference: Exhibit A:Right-of-Way Ordinance Exhibit B:Zoning Ordinance Amendment 4 Agenda Page 23 ISSUES AND ANALYSIS The League of Minnesota Cities was able to get some regulations granted to cities which include: Requiring a conditional use permit where small cell wireless towers are adjacent to or withina residential zoning district. Allowing the City to prohibit small cell wireless equipment on private property. Restricting the height of the support structureto 50 feet and the height of the equipment to 10 feet for a total of 60 feet. Zoning Ordinance Update. The attached zoning ordinance amends the code to address the small cell antenna in the rights-of-way. This section also establishes the conditional use permit for small cell support structures in residential districts. Conditional Use Permitfor Residential Areas. The statute allows cities to require a conditional use permit for towers and antennas that are proposed to be placed in or adjacent to a residential district. The City can include the following performance standards with the conditional use permit: Fifty foot height restriction on the support structure. Restrict how close a support structure can be to a curb, driveway, or sidewalk. Require support structures to be near the corner of a lot (to prevent sight-line issues from homes). Require screening or aesthetically pleasing coloring for the antenna and ground equipment. Require high quality building materials (metal). Require underground power lines to serve the antenna. Require matching coloring with other equipment in the area. Right-of-Way OrdinanceUpdate. The Albertville right-of-way ordinance regulates the permitting and management of all City rights-of-way for non-City uses. The Albertville City Code will need some changes to its right-of-way ordinance as a result of the State Statute change. The key changes are: Section 1: Update to definitions including management costs, right-of-way, and telecommunications right-of-way user. Section 2: Definitions added to the City Code including collocate, small wireless facility, utility pole, wirelessfacility, wireless service, and wireless support structure. Section 3: Requires the right-of-way user to acquire a certificate of authority from the Minnesota Public Utilities Commission. Section 4: Requires a permit to obstruct, excavate, or install facilities in any right-of- way. 5 Agenda Page 24 Section 5: Requires a permit to install a small wireless facility in the right-of-way and requires that the permit remain in place as long as the equipment is in use. Section 6: Allows the City to charge a permit fee to recover the cost of management and engineer associated with the small wireless facility. Section 7: Requires the City to issue a permit if the applicant has met the requirements and also allows the City to impose conditions onto the approval as neededsuch as: Pole height limit of 50 feet. Wireless facility height of 10 feet. Separation requirements between structures. Reserve the right to require a particular design or appearance. Section 8: Outlines the process for denial or approval of a small cell wireless permit. Section 9: Outlines the requirements for collocating a small cell wireless facility and sets up a fee schedule for the collocation. It should be noted that the fees are capped by the State of Minnesota. Section 10: Sets up the schedule for processing a permit and requirements for locating a small cell wireless facility. Section 11: Requires the small cell wireless facility to be serviced by underground electricity. CONCLUSION The City Council should update their right-of-way ordinance and zoning ordinance to regulate the placement and appearance of small cell wireless towers and antennas. Attached to this memo is a draft ordinance update for the right-of-way ordinance and the Zoning Ordinance. c: Kim Hodena Maeghan Becker Paul Heins Mike Couri 6 Agenda Page 25 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2017-11 AN ORDINANCE AMENDING THE ALBERTVILLEZONING ORDINANCE RELATED TO SMALL CELL WIRELESS FACILITIES THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Code Amended, Section 2500 of the Albertville Zoning Ordinance is hereby amended to include the following: 2500.7: SMALL CELL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF- WAY. A.Purpose. The purpose of this Section is to establish zoning regulations related to the siting of small cell wireless facilities in the public right-of-way as defined and regulated by City Zoning Ordinance Chapter 200.Terms used herein are defined in Chapter 200. B.Conditional Use Permit Required. Small cell wireless support structures and/or antennae shall require a conditional use permit when located adjacent to or within the R-1A through R-MHDistricts or any PUD District with an underlying designation of R-1A through R-MH. C.Conditional Use Standards. No conditional use permit shall be granted unless it meets the following standards: 1.No new wireless support structure shall be greater than 50 feet in height. 2.No new wireless support structure shall be closer than 5 feet to a curb, driveway, or pedestrian way. 3.No new wireless support structure shall be more than 5 feet from the side lot line extended to the street. 4.To the extent possible, all antenna and equipment shall be shrouded and/or camouflaged. 5.New wireless support structures shall be constructed from earth-tone fiberglass. 6.All facilities shall use colors to minimize the visual impact when viewed from the public right-of-way and nearby properties, except in instances where the color is dictated by the federal or state authorities. Agenda Page 26 City of Albertville Ordinance No. 2017-11 Meeting of December 4, 2017 Page 2 7.Small cell wireless facilities shall be served by underground power and communication lines. The structure shall not be served by any above-ground power or communication lines. 8.Equipment enclosures shall be screened from view with landscaping materials. 9.If the proposed facility results in significantly increased sound levels, sound buffers may be required, including but not limited to baffling, barriers, enclosures, walls, and plantings. 10.Small cell facilities shall not be illuminated by artificial means and shall not display lights. 11.The design of utility poles shall be similar in appearance to other poles located in the right-of-way. D.All small cell wireless facilities not within a public right of way shall adhere to all other requirements in this Chapter. This amendment shall be in full force and effective immediately following its passage and publication. th Adoptedby the AlbertvilleCity Council this 4 day of December, 2017. ___________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________ Kimberly A. Hodena, City Clerk Agenda Page 27 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2017-12 AN ORDINANCE AMENDING CHAPTER 2 OF THE ALBERTVILLE CITY CODE, RIGHTS OF WAY MANAGEMENT THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS AS FOLLOWS: Section 1. The following definitions contained in Albertville City Code Section 8-2-4, Definitions, are hereby amended to read as follows: MANAGEMENT COSTS: The actual costs the city incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to Section 8-2-19 of this chapter. PUBLIC RIGHT-OF-WAY OR RIGHT-OF-WAY: The area on, below, or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wiretelecommunications or broadcast service. : TELECOMMUNICATIONS RIGHT-OF-WAY USER A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing wireless service, or transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users for purposes of this chapter except to the extent such entity is offering wireless service. Agenda Page 28 City of Albertville Ordinance No. 2017-12 Meeting of December 4, 2017 Page 2 Section 2. The following definitions are added to Albertville City Code Section 8-2-4, Definitions: COLLOCATE OR COLLOCATION:To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit. : SMALL WIRELESS FACILITYA wireless facility that meets both of the following qualifications: (i)each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and (ii)all other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. UTILITY POLE: A pole that is used in whole or in part to facilitate telecommunications or electric service. WIRELESS FACILITY: Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. WIRELESS SERVICE: Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service. WIRELESS SUPPORT STRUCTURE: A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. Section 3. Section 8-2-6.B.5 of the Albertville City Code is hereby amended to read as follows: 1.A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other authorization or approval from the applicable state or Agenda Page 29 City of Albertville Ordinance No. 2017-12 Meeting of December 4, 2017 Page 3 federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval from said commission or other state or federal agency. Section 4. Section 8-2-8.A.1 of the Albertville City Code is hereby amended to add subparagraph d. as follows: d.Except as otherwise provided in this code, no person may obstruct or excavate any right- of-way, or install or place facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the city to do so. Section 5. Section 8-2-8.A. of the Albertville City Code is hereby amended to add subparagraph 4. as follows: 4. Small Wireless Facility Permit. A small wirelessfacility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. Section 6. Section 8-2-8.C.1 of the Albertville City Code is hereby amended to add Section 8-2- 8.C.1.c as follows: c.Small Wireless Facility Permit Fee. The city shall impose a small wireless facility permit fee in an amount sufficient to recover: (1)management costs, and; (2)city engineering, make-ready, and construction costs associated with collocation of small wireless facilities. Section 7. Section 8-2-8.D of the Albertville City Code is hereby amended to read as follows: D. Issuance of Permit. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit. 1.Conditions.The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes §§ 216D.01 - .09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. 2.Small Wireless Facility Conditions. In addition to the conditions described in Section 8- 2-8.D.1, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions: Agenda Page 30 City of Albertville Ordinance No. 2017-12 Meeting of December 4, 2017 Page 4 a.A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. b.No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the city’s written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that aregistrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. c.No wireless facility may extend more than 10 feet above its wireless support structure. d.Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way. e.Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. f.Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. Section 8. Section 8-2-8E of the Albertville City Code is hereby amended toread as follows: E. Denial or Revocation of Permit. 1.Reasons for Denial.The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. 2.Procedural Requirements. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right-of-way user in writing within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within 30 days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within 30 days after submission. Section 9. Section 8-2-8 of the Albertville City Code is hereby amended to add Section 8-2-8L as follows: L. Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right-of-way, after the applicant has executed a standard small wireless Agenda Page 31 City of Albertville Ordinance No. 2017-12 Meeting of December 4, 2017 Page 5 facility collocation agreement with the city. The standard collocation agreement may require payment of the following: Up to $150 per year for rent to collocate on the city structure. 2/ $25 per year for maintenance associated with the collocation. 3/ Amonthly fee for electrical service as follows: 4/ a.$73 per radio node less than or equal to 100 maximum watts; b.$182 per radio node over 100 maximum watts; or c.The actual costs of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wirelessfacility permit does not supersede, alter or affect any then-existing agreement between the city and applicant. Section 10. Section 8-2-8 of the Albertville City Code is hereby amended to add Section 8-2- 8M as follows: M. Action on Small Wireless Facility Permit Applications. 1.Deadline for Action. The city shall approve or deny a small wireless facility permit application within 90 days after filing of such application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section. 2.Consolidated Applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application: a.are located within a two-mile radius; b.consist of substantially similar equipment; and c.are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. 3.Tolling of Deadline. The 90-day deadline for action on a small wireless facility permit application may be tolled if: a.The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the city may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension. Agenda Page 32 City of Albertville Ordinance No. 2017-12 Meeting of December 4, 2017 Page 6 b.The applicant fails to submit all required documents or information and the city provides written notice of incompleteness to the applicant within 30 days of receipt of the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant in writing of any still-missing information. c.The city and a small wireless facility applicant agree in writing to toll the review period. Section 11. Section 8-2-14 of the Albertville City Code is hereby amended to add Section 8-2- 14A.2 as follows: 2. Undergrounding. Unless otherwise agreed in a franchise or other agreement between the applicable right-of-way user and the city, all data and power wires and leads to Wireless Facilities and Wireless Support Structures in the right-of-way must be located and maintained underground. Section 12. This Ordinance shall take effect upon its passage and publication. th Adopted by the Albertville City Council on the 4 day of December, 2017.. ____________________________________ Jillian Hendrickson, Mayor ATTEST: _____________________________________ Kimberly A. Hodena, City Clerk Agenda Page 33 Mayor and Council Communication November 30, 2017 TH SUBJECT:KARSTON COVE 4ADDITION CONCEPT PLAN RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the attached Karston Cove concept plan submitted by Centra Homes and give direction to the applicant and staff on the acceptability of the land use and subdivision design. BACKGROUND: In 2004, the City of Albertville approved Karston Cove CUP/PUD and plat that included 14 townhome lots north of 64th Street NE and 29 lots south of 64th Street NE. This development was covered within the Karston Cove final plat and a planned unit development agreement that outlined development requirements for this townhome subdivision. The 14 townhomes north of 64th Street NE have been developed and sold to individual homeowners. The 29 lots south of 64th Street NE, while final platted, remain undeveloped. In 2009, the City and developer amended the development agreement giving the developer until October 31, 2010 to complete all public improvements and all private on-site improvements to develop the property. The developer went bankrupt in 2010 and never installed the required improvements. The City drew on the developer’s letter of credit and is holding the money for the improvements. In 2011, Centra Homes purchased the 29 undeveloped lots and the rights to the letter of credit money from the bankrupt developer. According to the City Attorney, the City had six years from the October 31, 2010 date to bring suit against the developer’s successor (Centra Homes) to have the improvements for the final plat installed (see Exhibit B). The deadline was October 31, 2016. The developer was not interested in building attached townhomes on the site. They have stated that this housing type has become less popular within the current housing market. They also cited that the 2003 models that were approved would not sell favorably in today’s market. As a means of addressing the issue of the expiring development agreement and the development objectives of Centra Homes, they filed an application with the City to amend the Karston Cove PUD agreement and they requested City action to vacate all the townhome lots in Block 2of rd Karston Cove 3 Addition and replat this area into an outlot. By City ordinance, no building permit shall be issued for an outlot. Any future development will require this outlot to be subdivided into lots and blocks before building permits could be issued. Any future subdivision will require City Planning Commission review and Council approval. This application was approved in October 2016 by resolution with the following conditions: The City retains the option to require the future development on Outlot A Karston Cove 1. th 4 Addition to join with the existing Karston Cove Homeowners Association (HOA) on the north side of 64th Street NE through a revised PUD development agreement to be Meeting Date: December 4, 2017 Agenda Page 34 Mayor and Council Communication – December 4, 2017 th (Karston Cove 4 Addition Concept Plan) Page 2 of 5 recorded against the Outlot A property with the future final plat.Notwithstanding this reservation of rights, the City acknowledges that it may not impose any obligation on the developer to add the future lots to the existing Karston Cove HOA unless the declaration establishing the HOA has been modified, on or before the time of final plat approval, to allow for the addition of the Outlot A land to the Homeowners Association. rd 2.The City finds that the drainage and utility easements dedicated on the Karston Cove 3 Addition plat (but excluding those easements dedicated on the first plat of Karston Cove) are no longer needed for public purposes and that it is in the interest of the public to vacate said drainage and utility easements. rd 3.The City vacates the drainage and utility easements shown on the Karston Cove 3 th Addition plat, provided the 4 Addition final plat is revised to preserve all drainage and utility easements originally dedicated on the first plat of Karston Cove. Said easements shall be subject to the review and approval of the City Engineer prior to recording the final plat. The vacation of said easements shall be effective upon the recording of the th Karston Cove 4Addition plat. th 4.The City approves the preliminary and final plat of Karston Cove 4 Addition, subject to the conditions set forth in the City Planner’s report dated September 8, 2016, including execution of a development agreement as set forth below. 5.The developer shall be required to install sidewalks per approved plans, boulevard grading, and restoration to a turf condition by June 30, 2017 as a condition of final plat approval, unless the developer submits a completed preliminary plat application for the site by June 30, 2017, in which case the June 30, 2017 installation date shall be automatically extended to June 30, 2018. 6.The applicant enters into a development agreement with the City that includes the aforementioned conditions of approval, addresses the issues identified in the RCA for this matter, and meets the approval of the CityAttorney. The development agreement shall be recorded against the property with the final plat. 7.Upon execution of the development agreement and recording of the plat, the City shall release the monies it holds in escrow from the proceeds of the letter of credit for Karston rd Cove 3 Addition, except for an amount sufficient to cover 125% of the cost of the installation of sidewalks, boulevard grading and restoration, and the anticipated expenses rd of the City Attorney, Planner and Engineer related to Karston Cove 3 Addition and th Karston Cove 4 Addition. The City Engineer shall determine the amount of escrow to be held for the installation of such items and the City Finance Director shall determine the remaining amount of escrow to be held to cover anticipated City expenses. REZONING: Centra Homes has now submitted a concept plan for small lot single family homes for consideration of the City council. The site is zoned R-5, Residential Medium Density Multiple Family District. This district does not permit single family homes as an allowed use. As such,a rezoning to PUD District will be required to allow this use and subdivision design. P:\\City Council\\Council Packet Information\\2017\\120417\\Karston Cove Replat Concept Council Communication.docx Meeting Date: December 4, 2017 Agenda Page 35 Mayor and Council Communication – December 4, 2017 th (Karston Cove 4 Addition Concept Plan) Page 3 of 5 The PUD District is necessary because all of Albertville’s standard single family districts have lot area, width and setbacks larger than what is being proposed with the Centra Homes concept. The PUD District would be needed to allow the following reasons: 1.To allow single family homes. 2. Lot Width: The concept plan shows lots have an average lot width of 65 feet. Albertville standard single family districts do not allow lots this narrow.PUD flexibility is needed. 3.Setbacks: The concept plan shows approximately 15 feet between building pads. This would also be a PUD flexibility. 4.Setback betweenDriveways: The City requires40 feet between residential driveways. The lots with the wetland in the front yard may not have the needed driveway separation from the driveways on adjoining lots. This would be a PUD flexibility. SUBDIVISION: In addition to the rezoning, the applicant must also process a preliminary and final plat subdividing the property. KEY ISSUES: The single family subdivision without an association will not help the existing association.The issue remains that the existing HOA is too small to be financially successful. The applicant has been in contact with the existing HOA and has come to the conclusion that the establishment of a Large Master HOA with two sub-associations is impractical with regard to administration, board membership, shared services between the sub-associations, and shared costs. They are requesting to be released from this requirement. The existing HOA has been requested to attend the Council meeting to share their thoughts on the matter. The single family subdivision proposes lots that range from 60 to 80 feet wide at the building line. The lot areas without wetlands range from 10,800 to 12,600 square feet. We have no zoning districts with single family lot standards that are this small.The applicant must pursue a PUD zoning map amendment to allow this type of subdivision. The physical configuration of the site and the existing wetlands and existing high water levels complicate the placement of dwelling units and may not allow the provision of the private street proposed with the previously approved townhome designs. The applicant is proposing a lower density subdivision option. Two of the lots show a front yard wetland. This requires an unusual driveway arrangement and will require flexibility from the required spacing between driveway curb cuts. All the homes will be set back from 64th Street NE right-of-way 30feet or more. P:\\City Council\\Council Packet Information\\2017\\120417\\Karston Cove Replat Concept Council Communication.docx Meeting Date: December 4, 2017 Agenda Page 36 Mayor and Council Communication – December 4, 2017 th (Karston Cove 4 Addition Concept Plan) Page 4 of 5 The scale of the plan is small and difficult to measure, but the side yards appear to be 10 feet from the east and west property lines of the plat and approximately 15 feet between homes. The side yard setbacks will require PUD flexibility. The plat will need to demonstrate a 30 foot building setback and wetland buffer from the edge of the delineated wetland boundary. The western two lots may raise some questions depending on where the edge of the wetland is located.With new wetland criteria,we will likely need a new wetland delineation. These are narrow lots for single family homes. Centra Homes must submit some housing models that would be proposed for this plat to allow staff and the Council to determine if they meet minimum standards and are comparable to the townhome architecture in this area. We will require a landscape plan that screens the park parking lot, establishes the wetland buffers, frontyard trees, and restoration of ground cover if this plat proceeds ahead. The plat must show that each building pad will allow the following building elevations: Top of foundation and garage must be a minimum of 1.5 feet above the crown of o the abutting street. The lowest floor elevation for lots abutting a wetland or drainage waymust be a o minimum of one foot above the normal water level (NWL). The low building opening elevation must be two feet above the 100 year flood o level (HWL) and twofeet above the emergency overflow elevation (EOF) Staff has concerns regarding tearing up the street for nine separate utility services to each of the new homes. The applicant will need to submit grading and drainage plans and utility plans if this project proceeds. The unit count is reduced from 29 townhome units in the original PUD to nine single family units. POLICY/PRACTICESCONSIDERATIONS: At this point, the Council is only being requested to comment on the concept plan. Review of a concept plan does not convey any development rights; rather it provides direction to the applicant and staff as to how to proceed with subsequent development applications. In reviewing the concept plan, the Council is aware of the subsequent steps and should provide their opinions based on the past approvals, the key issues, and whether the proposed use/subdivision can be compatible with the surrounding land uses in the neighborhood. FINANCIAL CONSIDERATIONS: The concept plan presents no financial obligations to the City. The financial obligations outlined in the original approval will remain in place until all conditions of the previous approval are met or approval of a new subdivision for the parcel. P:\\City Council\\Council Packet Information\\2017\\120417\\Karston Cove Replat Concept Council Communication.docx Meeting Date: December 4, 2017 Agenda Page 37 Mayor and Council Communication – December 4, 2017 th (Karston Cove 4 Addition Concept Plan) Page 5 of 5 LEGAL CONSIDERATIONS: With the concept plan, the applicant is pursuing an alternative development plan for the property in question consistent with the conditions of the October 2016 Council resolution vacating the previous plat. Department/Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Exhibit A: Site Location Exhibit B: Original PUD/ Plat Exhibit C: October 2016 Plat Exhibit D: October 2016 Council Resolution Exhibit E: 2017 Centra Homes Concept Plan P:\\City Council\\Council Packet Information\\2017\\120417\\Karston Cove Replat Concept Council Communication.docx Meeting Date: December 4, 2017 Agenda Page 38 Agenda Page 39 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2016-____ RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT FOR KARSTON TH COVE 4 ADDITION, AMENDMENTS TO THE KARSTON COVE CUP/PUD DEVELOPMENT AGREEMENT, AND THE VACATION OF SELECT EASEMENTS TH WITHIN KARSTON COVE 4ADDITION WITHIN THE CITY OF ALBERTVILLE WHEREAS, Centra North LLC has submitted application for an amended CUP/PUD, a preliminary plat, final plat, and vacation of easements with a subdivision entitled Karston Cove th 4 Addition and the proposed plat vacates 29 townhome lots and one common lot in Block 2 rd Karston Cove 3 Addition; and WHEREAS, City staff has reviewed the submitted applications and submission documents and has prepared a planning report dated September 8, 2016; and WHEREAS, the Planning Commission held a public hearing on September 13, 2016 to consider the application, the planning report, and take public testimony; and WHEREAS, upon conducting the public hearing, the Planning Commission requested additional information and continued the public hearing, pending the City Attorney’s opinion that the continuance would not be an issue for the development agreement deadline; and WHEREAS, the City Attorney has issued a September 15, 2016 opinion requesting the City Council act on the application on October 3, 2016 to allow time for subsequent legal actions; and WHEREAS, the City Council met on October 3, 2016 to consider the application and held a public hearing to consider the vacation of select easements in conjunction with the Karston Cove th 4 Addition; and WHEREAS, upon review of the application information, the request for Council action, the September 8, 2016 planning report, and public testimony, the City Council moves to approve the th development application and vacate select easements associated with Karston Cove 4 Addition. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota hereby approves the amendment to the CUP/PUD allowing the vacation of 29 townhome lots and thth one common lot, the Karston Cove 4 Addition preliminary plat, the Karston Cove 4 Addition th final plat, and vacation of select easements associated with Karston Cove 4 Addition subject to the following conditions being met: The City retains the option to require the future development on Outlot A Karston Cove 1. thth 4 Addition to join with the existing Karston Cove HOA on the north side of 64Street EXHIBIT D Page 1 Agenda Page 44 City of Albertville Resolution No. 2016-____ Meeting of October 3, 2016 Page 2 through a revised PUD development agreement to be recorded against the Outlot A property with the future final plat. Notwithstanding this reservation of rights, the City acknowledges that it may not impose any obligation on the developer to add the future lots to the existing Karston Cove HOA unless the Declaration establishing the HOA has been modified, on or before the time of final plat approval, to allow for the addition of the Outlot A land to the Homeowner’s Association. rd 2.The City finds that the drainage and utility easements dedicated on the Karston Cove 3 Addition plat (but excluding those easements dedicated on the first plat of Karston Cove) are no longer needed for public purposes and that it is in the interest of the public to vacate said drainage and utility easements. rd 3.The City vacates the drainage and utility easements shown on the Karston Cove 3 th Addition plat, provided the 4Addition final plat is revised to preserve as drainage and utility easements all drainage and utility easements originally dedicated on the first plat of Karston Cove Said easements shall be subject to the review and approval of the City Engineer prior to recording the final plat. The vacation of said easements shall be th effective upon the recording of the Karston Cove 4 Addition plat. th 4.The City approves the preliminary and final plat of Karston Cove 4 Addition, subject to the conditions set forth in the City Planner’s report dated September 8, 2016, including execution of a development agreement as set forth below. 5.The Developer shall be required to install sidewalk per approved plans, boulevard grading and restoration to a turf condition by June 30, 2017 as a condition of final plat approval, unless Developer submits a completed preliminary plat application for the site by June 30, 2017, in which case the June 30, 2017 installation date shall be automatically extended to June 30, 2018. 6.The applicant enters into a development agreementwith the City that includes the aforementioned conditions of approval, addresses the issues identified in the RCA for this matter, and meets the approval of the City Attorney. The development agreement shall be recorded against the property with the final plat. 7.Upon execution of the development agreement and recording of the plat, the City shall release the monies it holds in escrow from the proceeds of the letter of credit for Karston rd Cove 3 Addition, except for an amount sufficient to cover 125% of the cost of the installation of sidewalk, boulevard grading and restoration and the anticipated expenses rd of the City Attorney, Planner and Engineer related to Karston Cove 3 Addition and th Karston Cove 4 Addition. The City Engineer shall determine the amount of escrow to be held for the installation of such itemsand the City Finance Director shall determine the remaining amount of escrow to be held to cover anticipated City expenses. 2 Agenda Page 45 City of Albertville Resolution No. 2016-____ Meeting of October 3, 2016 Page 3 rd Adopted by the City Council of the City of Albertville this 3 day of October, 2016. Jillian Hendrickson, Mayor Kimberly A. 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Ivoufst!Mblf!jt!b!qvcmjd!xbufs!mblf!xijdi!ibt!b!qvcmjtife!psejobsz!ijhi!xbufs!mfwfm!)PIXM*/!! ¸ Uif!PIMX!jt!opu!uif!211.zfbs!gmppe!mfwfm-!cvu!sbuifs!uif!xbufs!tvsgbdf!fmfwbujpo!uibu!jt! nbjoubjofe!gps!b!sfmbujwfmz!mpoh!qfsjpe!pg!ujnf/!!Ju!jt!bmtp!lopxo!bt!uif!psejobsz!qppm!fmfwbujpo/! Uif!PIMX!gps!Ivoufst!Mblf!dpvme!cf!bobmz{fe!gps!bddvsbdz!boe!dibohfe-!jg!offefe-!up!bmjho! xjui!mpoh!ufsn!mblf!nbobhfnfou!hpbmt/! Ivoufst!Mblf!jt!jnqbjsfe!gps!ovusjfout-!cvu!epft!opu!ibwf!b!dpnqmfufe!Upubm!Nbyjnvn!Ebjmz! ¸ Mpbe!)UNEM*!tuvez/!!Uif!UNEM!xjmm!jefoujgz!uif!tjhojgjdbou!qpmmvubou!jogmpx!qpjout!bmpoh!uif! mblf-!jodmvejoh!uif!dpousjcvujpo!gspn!uif!XXUQ-!boe!jefoujgz!uif!qpmmvubou!sfevdujpot!sfrvjsfe!up! sfuvso!uif!mblf!up!bo!bddfqubcmf!ovusjfou!mfwfm/!!Vmujnbufmz-!bo!jnqmfnfoubujpo!qmbo!xjmm!cf!dsfbufe! up!ifmq!qsjpsjuj{f!qspkfdut!boe!ftubcmjti!b!ujnfmjof!gps!sftupsjoh!uif!mblf!up!bo!bddfqubcmf!xbufs! rvbmjuz/!Uif!Djuz!tipvme!uipspvhimz!sfwjfx!uif!UNEM!xifo!ju!jt!qvcmjtife!up!fotvsf!uibu!uif! jnqmfnfoubujpo!qmbo!jodmveft!uif!Djuzt!mpoh!ufsn!hpbmt!gps!uif!mblf/! ! ! Agenda Page 55 Page 56 Agenda Mud Lake Water Budget AnalysisMud Lake Bathymetrics City of AlbertvilleOctober 2017 Legend I Pond Elevations ! Value High : 948 ft Low : 942.65 ft 0100200300400500 Feet Agenda Page 57 Mud Lake Water Budget AnalysisMud Lake Bottom Composition City of AlbertvilleOctober 2017 Legend I Composition ! Value Hard Medium Soft 0100200300400500 Feet Agenda Page 58 Mayor and Council Request for Action November 30, 2017 SUBJECT: P-CPPA LANNING ENTRAL ARK ROPERTY CQUISITION RECOMMENDATION: It is respectfully requested that the Mayor and Councilconsider the following: MOTION TO: Direct City staff to enter into negotiations with property owners to acquire two properties along 58th Street NE currently for sale for the expansion of Central Park. BACKGROUNDINFORMATION: The Albertville Park Committee has recommended that the City Council explore the opportunity to acquire properties south of 58th Street NE to expand the Central Park. Central Park isthe focal point of many community activities that attract people to the City (softball tournaments, league baseball, Farmers Market, Friendly City Days, Music in the Park, and other special events). These events contribute to the community’s quality of life and also contribute dollars to the local economy. In this respect, the Park Committee recommends that the City take advantage of the opportunity to purchase properties currentlyfor sale along 58th Street NE. ThePark Committee sees these properties asadditional space to allow the following: 1.Realignment of 58th Street NE to allow additional contiguous land within the park. 2.The expanded park would permit expanded activities and more comfortable operation. 3.The acquisition of the single family home would remove aresidence that is impacted by ongoing park activities,eliminating nuisance issues for this home. 4.The properties could provide expanded public parking for the park and businesses in Albertville’s historic central business district. KEY ISSUES: The City is aware of the two property owners who are willing sellers. Willing sellers may negotiatea price and waive benefits otherwise required when a public agency purchases land. Site A (PID 101 500 012 103) is owned by Mark Barthel. This site is .37acres in size. The site contains the Barthel single family house. Site B (PID 101 500 012 107) is owned by Terrance and Linda Hughes. The site is .5 acres in size. Current park activities often spill out beyond the park boundaries into 58th Street NE and onto Site A (See attached photo). The properties in question are zoned B-4. This zoning has not resulted in any development interestsin the past years. This zoning has resulted in the existing Barthel single family home becoming a legal non-conforming use. This is a hardship for the property owner when soliciting financing P:\\City Council\\Council Packet Information\\2017\\120417\\Central Park Property Acquisistion RCA.docx Meeting Date: December 4, 2017 Agenda Page 59 Mayor and Council Request for Action – (December 4, 2017) (Central Park Property Acquisition) Page 2 of 2 for home improvements or expansion. Banks are reluctant to loan money for a non- conforming use. The individual lot sizes are small when compared to contemporary commercial lots, making these lots difficult to develop without some lot assembly and redevelopment. The City has approximately 500 acres guided and zoned for commercial land uses. Most of this land is currently undeveloped. Sites along County 19, I-94 and the MOE area offer strong commercial sites with regard to visibility, traffic volumes and lot size. With this land supply and other sites having locational advantages, the assembly and redevelopment of the properties along 58th Street NE will not likely be practical in the near future. th Site B, located at the corner of 58 and Main Avenue, is a vacant parcel which could be improved as a public parking lot to the benefit of park activities and the area businesses. The attached concept plan shows 36 new parking stalls. The two sites sandwich two lots internal to the block. These internal lots will be an impediment to further park improvements or uses on the proposed acquisition lots. In acquiring Site A, the City will also face the demolition of the existing home. If the Council wishes to explore this property acquisition, the City’s general capital reserve fund has undesignated funds available to be used in this purchase. POLICY/PRACTICESCONSIDERATIONS: In consideration of the matter, staff poses the following questions for the Council: 1.What is the best long range land use for the properties along the south side of 58th Street NE? 2.Are the current single family homes compatible with the existing and future activities held at Central Park? 3.Is commercial redevelopment of the parcels along 58th Street NE a realistic expectation? What commercial uses would fit this area? 4.Will the acquisition of the subject properties and expansion of the park benefit the park and community as a whole? FINANCIAL CONSIDERATIONS: The current request for action is to enter into negotiations with willing sellers to determine the cost of each parcel. If acceptable, the City will incur the cost of acquistions and future costs of demolition of the house and improvements to each of the properties. LEGAL CONSIDERATIONS: The City has the ability to acquire land for public purposes. Department/Responsible Person: Alan Brixius,City Planner Submitted Through: Adam Nafstad, City Administrator Attachments: Exhibit A: Site Location and Boundary Map Exhibit B: Site A Photo Exhibit C: Site B Parking Concept P:\\City Council\\Council Packet Information\\2017\\120417\\Central Park Property Acquisistion RCA.docx Meeting Date: December 4, 2017 Agenda Page 60 Agenda Page 61 EXHIBIT A EXHIBIT B Agenda Page 62 Agenda Page 63 EXHIBIT C Mayor and Council Request for Action November 27, 2017 SUBJECT: FD–2018PTLFB INANCE EPARTMENT ROPERTY AX EVYAND INAL UDGET RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution No. 2017-046 entitled a Resolution Adopting Property Tax Levy Collectible in 2018(for 2.89%)and approve Resolution No. 2017-047 entitled a Resolution Adopting the 2018 Final Budget. BACKGROUND: On September 18, 2017, the City Council certified a preliminary levy of $3,888,318 to Wright County. Based on the preliminary levy, Wright County has prepared and mailed projected tax statements to all residents. On Monday, December 4, the City Council will host a public hearing, known as a Truth-In-Taxation, for the Council to take public comments on the proposed budget and levy. Following public comments, the City Council at a regularly convened meeting may approve or make adjustments to the final levy, which is then certified to Wright County for taxes payable in 2018. Coinciding with the adoption of the City’s Levy, the City Council officially adopts a 2018 budget detailing projected revenue and expenses. KEY ISSUES: The public Truth-in-Taxation hearing was held prior to Council approvals. The proposed budget and levy represents a total levy increase of 2.89%. The debt service budget has decreased by $84,635 and the general fund operations levy has increased by $193,719 for the 2.89% levy increase. The proposed budget includes anticipated LGA funding (estimated $111,024) which will assist with infrastructure expenses. Staff provides the final levy to the County Auditor no later than end of business day December 15, 2017. POLICY CONSIDERATIONS: The Council reviews and approves all budgets and tax levies. FINANCIAL CONSIDERATIONS: In reviewing the projected 2018 budget, staff anticipates maintaining the Office of the State Auditors recommendation of 40% of the budget in designated funds for general reserve. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: AdamNafstad, City Administrator-PWD Attachments: Resolution No. 2017-046 Resolution No. 2017-047 P:\\City Council\\Council Packet Information\\2017\\120417\\2017-12-04 Final Levy and Budget for 2018.doc Meeting Date: December 4, 2017 Agenda Page 64 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-046 A RESOLUTION ADOPTING THE 2017TAX LEVY COLLECTIBLE IN 2018 BE IT RESOLVED by the Council of the City of Albertville, County of Wright, Minnesota, that the following sums of money be levied for the current year, collectible in 2018, upon taxable property in the City of Albertville for the following purposes: Total Levy $3,888,318 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Wright County, Minnesota. th Adopted by the City Council of the City of Albertville this 4 day of December, 2017. ________________________________ Jillian Hendrickson, Mayor ATTEST: _________________________________ Kimberly A. Hodena, City Clerk Agenda Page 65 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-047 A RESOLUTION ADOPTING THE 2018 FINAL BUDGET WHEREAS: the City Council of the City of Albertville has adopted a final budget. WHEREAS: the Albertville City Council has adopted a final tax levy to be placed upon the taxable propertyin the City of Albertville: WHEREAS: the Albertville City Council desires to reserve within the General Fund those monies designated as capital outlays within various budget classifications, such that those monies can be disbursed only for those capital outlays so specified within the budget: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA: 1.The attached budget is hereby adopted as the final budget for the City of Albertville for the period January 1, 2018, through December 31, 2018. 2.All monies designated within the budget, as capital outlays shall be reserved within the Capital Reserves Fund, such that those monies can be disbursed only for those capital outlays so specified within the budget. 3.The Albertville City Council has hereby complied with Minnesota Statutes. 4.The Finance Director is hereby authorized to transmit certification of compliance with Minnesota Statutes to the Commissioner of Revenue as required. th Adopted by the Albertville City Council this 4 day of December, 2017. ________________________________ Jillian Hendrickson, Mayor ATTEST: _________________________________ Kimberly A. Hodena, City Clerk Agenda Page 66 City of Albertville Resolution No. 2017-047 Meeting of December 4, 2017 Page 2 2018 PRELIMINARYBUDGET SUMMARY COMPARISON GENERAL FUND Difference Difference General Fund Revenue:2017 Budget 2018 Budget 17 to 18 $17 to 18 % 31010Current Ad Valorem Taxes1,876,7612,041,158$164,3978.76% 32100Licenses & Permits27,00027,000$00.00% 32110Liquor Licenses29,50033,000$3,50011.86% 321203.2 Liquor Licenses7575$00.00% 32150Sign Permits1,2001,300$1008.33% 32210Building Permits85,917115,000$29,08333.85% 32240Animal Licenses700700$00.00% 33401LGA Revenue expected92,181111,024$18,84320.44% 33405Police Aid33,00040,000$7,00021.21% 33406Fire Aid61,00061,000$00.00% 33422Other State Aid Grants11,00011,500$5004.55% 34000Charges for Services3,0004,000$1,00033.33% 34005Engineering As Built Fee3,0003,000$00.00% 34101Leases -City Property00$00.00% 34103Zoning & Subdivision Fees2,0002,500$50025.00% 34104Plan Check Fee40,00050,000$10,00025.00% 34107Title Searches3,0003,600$60020.00% 34113Franchise Fee -Cable72,00074,000$2,0002.78% 34202Fire Protection Contract Charges274,646294,620$19,9747.27% 34780Rental Fees10,00012,000$2,00020.00% 34950Other Revenues8,00011,000$3,00037.50% 34110Arena12,69213,074$3823.01% 34112Electric Franchise Fee115,000115,000$00.00% 36210Interest Earnings20,00020,000$00.00% 102Capital Levy986,4281,015,750$29,3222.97% Total Revenues3,768,1004,060,301$292,2017.75% Agenda Page 67 City of Albertville Resolution No. 2017-047 Meeting of December 4, 2017 Page 3 General Fund Department 2017 Difference Difference Expenditures:Budget 2018 Budget 17 to 18 $17 to 18 % 41000General Government30,00030,000$00.00% 41100Council40,58840,588$00.00% 41300Combined Administrator/Engineer100,848105,326$4,4794.44% 41400City Clerk102,049114,487$12,43812.19% 41440Elections15,50020,000$4,50029.03% 41500Finance 121,522149,961$28,43923.40% 41550City Assessor29,87029,870$00.00% 41600City Attorney40,00040,000$00.00% 41700City Engineer20,00025,000$5,00025.00% 41800Economic Development6,0006,000$00.00% 41910Planning & Zoning41,50746,507$5,00012.05% 41940City Hall150,128158,114$7,9855.32% 42000Fire Department468,877493,323$24,4465.21% 42110Police710,290735,840$25,5503.60% 42400Building Inspection171,344227,048$55,70432.51% 42700Animal Control6,0007,000$1,00016.67% 43100Public Works -Streets294,578330,624$36,04612.24% 45000Culture & Recreation71,81175,211$3,4004.73% 45100Parks & Recreation278,331323,719$45,38816.31% 43160Electric street lights83,43085,933$2,5033.00% 102Capital 102985,4291,015,750$30,3223.08% Total Expenditures3,768,1004,060,301292,2017.75% Difference Levy2017201817 to 18 % General Fund & EDA1,876,7612,041,1588.76% Capital Levy986,4281,015,7502.97% Total Tax Levy (Oper. Levy)2,863,1893,056,9086.77% 357GO Improvement Bond 03276,677273,963 354Bonds 03 PF Lease Rev76,6420 359City Hall 05263,959261,478 360Go Imp 2012A CSAH 1926,15726,157 358PW Facility 04103,449100,651 361Go Imp 2012A Lach31,60031,600 362Go Imp 2012A Ind Park84,56184,561 468I-9453,00053,000 Total Debt Service Levy916,045831,410Debt Levy-9.24% Total Total Levy3,779,2343,888,318Levy2.89% Agenda Page 68 Mayor and Council Communication November 30, 2017 SUBJECT: –EF FINANCENTERPRISE UNDS BACKGROUND: Council requested staff to evaluate what the increase in water and sewer rates would need to be to cover capital and deprecation in each of these funds. In addition it was requested for staff to bring the balance of the recycling fund. Sewer Fund 601: Staff evaluated what the increase to the base rate of the sewer charge would need to be to fund operations, capital and depreciation based on the 2018 budget. The amount of the increase to the monthly base rate would need to be $4.40 and would need to increase annually to maintain funding capital and depreciation. Water Fund 602: Staff evaluated what the increase to the base rate of the water charge would need to be to fund operations, capital and depreciation based on the 2018 budget increasing the expected revenues to be $300,000. The amount of the increase to the monthly base rate would need to be $2.50 and would need to increase annually to maintain funding capital and depreciation. Recycling Fund 605: As of November 29, 2017 the balance of the recycling fund is $76,797. Some of this balance is being used to supplement the rate for the service in addition to operational expenses. The recycling fund currently does not have staff time charged to it. Responsible Person/Title: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD P:\\City Council\\Council Packet Information\\2017\\120417\\enterprise funds memo.docx Meeting Date: December 4, 2017 Agenda Page 69 Mayor and Council Communication November 30, 2017 SUBJECT: CC–PLD ITY LERK OLLING OCATIONS ISCUSSION RECOMMENDATION: This item is included on the agenda for the purpose of discussion and feedback from the Council. MOTION TO: Direct staff to designate polling location(s) for the 2018 election cycle. BACKGROUND: In early 2014, Council was presented the possibility of splitting Albertville’s one precinct. At that time, elections were being held in City Hall. In 2012 during the presidential election, it became clear that City Hall could not accommodate the number of voters in the City’s one precinct. After discussion of splitting the one precinct into two, the Council ultimately decided to continue with one precinct but move to a larger location. The precinct was moved to STMA Middle School West. The City decided totry at least two election cycles at that one location before further consideration of a second precinct. Two election cycles have passed and polling locations must be designated by December 31, 2017, staff is seeking feedback from the Council on whether to add another precinct. KEY ISSUES: Albertville has 4,197 registered voters and total population is 7,370. Albertville’s precinct size exceeds the recommendation of the MN Secretary of State’s Office. The recommended size for precincts is 1,500 to 2,000. Their recommendation is based on the difficulty of election administration and higher error potential in precincts larger than thatsize. Albertville will have three new housing developments soon and population will only continue to increase. Theoretically results could be achieved faster if there were smaller precincts as closing activities would be reduced in half. Currently we utilize approximately 30-35 judges for an election. With or without a second precinct we would like to increase the number to approximately 40-45, which is needed to limit the judges’ hours to approximately 8 hours. Two precincts will require additional voting equipment. POLICY/PROCEDURES: The Mayor and City Council have the authority to adjust and establish precinct boundaries as needed anytime after the two years following redistricting. Responsible Person/Department: Kimberly A. Hodena, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Population and Precinct Data Excerpts from the Presidential Commission on Election Administration P:\\City Council\\Council Packet Information\\2017\\120417\\2017-12-04 Polling Location RCA.docx Meeting Date: December 4, 2017 Agenda Page 70 Mayor and Council Communication – December 4, 2017 Polling Location Discussion Page 2 of 3 6 8232 8222 5 8185 8178 NP u r 8030 4 me 8013 bc 7904 3 ei 7796 r n c 7781 2 t o 7750 s f 7533 1 7325 7230 Alb 0 6838 Cities with Similar Population Number 2016 2016 2016 2016 2016 2016 Population of Precinct Precinct Precinct Precinct Precinct Precinct NAME Estimate Precincts Size 1 Size 2 Size 3 Size 4 Size 5 Size 6 Little Falls 8232 3 1448 2144 1214 Cambridge 8222 2 2763 2039 Oak Grove 8185 4 1661 1472 1476 Lake Elmo 8178 2 2596 3162 Victoria 8030 3 1129 2070 Mahtomedi8013225653081 Crookston 7904 6 591 704576 502 548 549 Orono 7796 4 1668 7831299 2004 Baxter 7781 4 1968 1135 1188 941 Wyoming 7750 1 4970 Shorewood 7533 4 145 1661 1478 2064 St. Francis 7325 3 2303 1767 Albertville 7230 1 4197 Belle Plaine 6838 1 3787 Minnetrista 6788 4 1591 5091177 1464 Litchfield 6688 5 800 758697 743 636 Waite Park 6664 4 1100 1842 479 165 St. Joseph 6656 2 1842 1144 2197 Spring Lake Park 6458 4 479 1005 1136 1690 97 International Falls 6352 3 165 1016 952 1260 P:\\City Council\\Council Packet Information\\2017\\120417\\2017-12-04 Polling Location RCA.docx Meeting Date: December 4, 2017 Agenda Page 71 Mayor and Council Communication – December 4, 2017 Polling Location Discussion Page 3 of 3 (EXCERPT) The American Voting Experience: Report and Recommendations of the Presidential Commission on Election Administration President Obama issued an Executive Order (13639) which established the Presidential Commission on Election Administration. The Commission conducted a six-month examination of how elections are conducted throughout the United States and published their findings in January 2014. The Commission worked with state and local election officials, academic experts, and organizations and associations involved with voting or election administration. The Commission concluded the problems that hinder election administration of elections can be identified and solved. The report sets forth recommendations and best practices for election administration. Below are some of the findings: Addressing Long Lines: No voter should wait more than half an hour in order to vote. Assuring Accessible Polling Locations: Within the polling place, elderly voters and voters with disabilities waiting their turn to vote must have access to chairs while waiting and then when their turn comes, to machinery. Polling Location and Design: A polling place must: 1.Have room to comfortably accommodate voters 2.Provide accessibility for voters with disabilities 3.Have adequate infrastructure such as the capacity for appropriate levels of internet and telephone connection 4.Offer adequate parking 5.Be located in a reasonable proximity to the population of voters it is intended to serve Recruitment of Poll Workers: Jurisdictions should recruit public and private sector employees, as well as high school and college students, to become poll workers. Jurisdictions should diversify the population poll from which they draw poll workers. Schools should be used as polling places: The testimony received from state and local election administrators identified schools as the preferred venue for polling places. States should take steps necessary to address legitimate security concerns. P:\\City Council\\Council Packet Information\\2017\\120417\\2017-12-04 Polling Location RCA.docx Meeting Date: December 4, 2017 Agenda Page 72 WRIGHT COUNTY AREATRANSPORTATION JOINT POWERS AGREEMENT The parties to this Agreement are municipal corporations under the laws of the State of Minnesota and located in Wright County, Minnesota (the parties to this Agreement are hereafter referred to individually as a “City” or “Wright County” and collectively as the “Cities” or as “governmental units”. RECITALS WHEREAS, Minnesota Statute §471.59 authorizes the joint and cooperative exercise of powers common to the governmental units; and WHEREAS, the governmental units desire to provide for an agreement between and among them to establish a joint powers board for Transportation for the purpose of providing a coordinated service delivery and funding source for public transportation; and WHEREAS, each governmental unit has adopted a Resolution finding that it is in the best interests of the citizens of each governmental unit to enter into this Agreement. NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD AS FOLLOWS: 1. General Purpose. Pursuant to the authority of the Joint Powers Act, the governmental units desire and intend to provide affordable Public Transportation to their communities. The goal of the governmental units is to provide people in their communities with mobility and access to employment, community resources, medical care and recreational opportunities, while reducing the impact of road congestion, travel times, air pollution, the cost of road maintenance and repair, and energy and oil consumption for their communities. 2. Joinder of Wright County Political Subdivisions. The undersigned governmental units hereby agree to join together for the purpose of coordinating the delivery of public transportation services and establishing a joint funding source for said services through establishment of a Wright County Area Transportation Joint Powers Board (“WCAT Board”). Any governmental unit seeking to join the WCAT Authority after January 1, 2018, shall do so only on an affirmative vote of a majority of the WCAT Board members. The WCAT Board shall determine voting authority and contribution requirements for any governmental units joining after January 1, 2018. 3. WCAT Board Composition. Each governmental unit shall appoint annually a representative to the WCAT Board. Each governmental unit may appoint an alternate representative who may act in the place and stead of an absent representative from that governmental unit. Members to the board may be appointed or removed at the pleasure of the governmental unit, with each member serving until their successor is appointed and qualified as provided by each governmental unit. Each member shall serve without compensation, health or medical benefits provided by the WCAT Board. 4. Funding. The WCAT Board is authorized to procure such State and Federal funding as is available toward financing the costs of providing public transportation services for the governmental units. Agenda Page 73 a.Wright County shall provide the funding necessary for the WCAT Board share of the Trailblazer Transit operating capital balance. For calendar year 2018, this amount is $600,000. Said amount shall be held in a reserve account by Trailblazer Transit and shall be released from the reserve account only in accordance with the voting and other requirements of the Trailblazer Joint Powers Agreement. b.Wright County shall pay 50% of the WCAT Board’s unfunded local share (operating expenses and capital expenditures) in 2018. For 2019, Wright County shall pay 60% of the WCAT Board’s unfunded local share (operating expenses and capital expenditures). For 2020, Wright County shall pay 70% of the WCAT Board’s unfunded local share (operating expenses and capital expenditures). For 2021, Wright County shall pay 80% of the WCAT Board’s unfunded local share (operating expenses and capital expenditures). For 2022, Wright County shall pay 90% of the WCAT Board’s unfunded local share (operating expenses and capital expenditures). For each year, each City agrees to pay a proportionate share (the “Pro Rata Share”) of the WCAT Board’s remaining unfunded operating expenses and capital expenditures, with a cap of $100,000 for the cities’ contribution towards operating expenses and a cap of $100,000 for the cities’ contribution towards capital expenditures for each year. The pro rata share for each City shall be based upon the number of rides originating in the City during the prior year as compared to the total number of rides originating in all of the Cities during the prior year (the “Ride Share”). 5. Meetings. The WCAT Board shall meet at least annually on a schedule determined by the WCAT Board. All meetings of the WCAT Board shall be conducted in a manner consistent with the Minnesota Open Meeting Law, Minn. Stat. §13D.01, et. seq., as amended. Special meetings may be called by the WCAT Board Chair or upon written request of three (3) or more members of the WCAT Board. Written notice of any special meetings shall be sent to all WCAT Board members and to the City Clerk or County Coordinator of each governmental unit to comply with posting requirements. 6. Powers and Duties. The powers and duties of the WCAT Board include, but are not limited to, expending funds for the purpose of establishing, funding, coordinating, administering and operating a public transportation service including: a. Apply for, receive and expend State and Federal funds available for said purpose, as well as funds from other lawful sources, including fares, donations or gifts for the purpose of providing public transportation services and such supplemental services deemed advisable by the WCAT Board. b. Approve an annual budget. c. Adopt and implement a management plan to carry out the WCAT Board’s purpose. d. Enter into contracts with public or private entities as the WCAT Board deems necessary to accomplish the purpose for which the WCAT Board is organized, including, but not limited to, the hiring of any consultants. e. Obtain such insurance as the Board deems necessary for the protection of the WCAT Board, members of the WCAT Board, member cities, and its property. Agenda Page 74 f.Exercise all other lawful powers necessary and incidental to the implementation of public transportation services and the purposes and powers set forth herein. h. The WCAT Board has no authority to obtain or operate an independent transit service without the express approval of a majority of the Parties. i. The WCAT Board has no authority to levy taxes or issue debt for operating capital or debt service purposes unless approved in writing by the governing body of all governmental units. j. The WCAT Board has no authority to issue debt that exceeds the term of this Agreement. 7. Voting. Wright County shall be entitled to 50% of the weighted voting power for the WCAT Board. The remaining 50% of the weighted voting power for the WCAT Board shall be apportioned among the Cities as follows: Each City shall be entitled to one vote plus one additional vote per each 3,000 rides originating in that City during the previous year. Prior to the first meeting in March the Secretary of the WCAT Board shall determine the number of votes for each Party in accordance with this section and certify the results to the Chair. A quorum shall consist of a simple majority (51%) of representatives from the governmental units. A simple majority vote, on a weighted basis, of the WCAT Board members present at the meeting with a valid quorum shall be required by the WCAT Board to take action unless otherwise provided in this Agreement or by law. WCAT currently has two seats on the Trailblazer Transit Board. One of these seats shall be filled by a representative appointed by Wright County. 8. Officers. There shall be a chair, a vice chair, and a secretary elected from the members of the WCAT Board at the initial meeting of each year. The officers shall be elected from different member governmental units. The WCAT Board may elect or appoint such other officers as it deems necessary to conduct its meetings and affairs. 9. Effective Date/Termination. This Agreement shall become effective as of January 1, 2018 and shall continue in effect through December 31, 2022. This Agreement shall remain in effect for each respective governmental unit until that governmental unit hereto gives notice to the WCAT Board of its intention to withdraw. Notice of withdrawal must be given by April 1 of a given year. If notice of withdrawal is given after April 1 of a given year the withdrawal shall be effective on December 31 of the following year. A withdrawing governmental unit shall be responsible for its respective share of any debts or liabilities outstanding as of the effective date of withdrawal. Termination will be effective at the conclusion of the fiscal year. This Agreement shall remain in effect as to the remaining members provided that there are three or more members who desire to continue operating the WCAT Board. The withdrawing member shall not be entitled to compensation or distribution of any assets of the WCAT Board. In the event of dissolution of the WCAT Board, any property owned or held by the WCAT Board shall be sold for fair market value. All remaining funds after satisfaction of all WCAT Board debt, payments and other financial obligations shall be returned to the governmental units in the same manner in which the governmental units contributed funding to the WCAT Board in the last full calendar year prior to dissolution. Agenda Page 75 10. No Waiver. Nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to any governmental unit, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 11. Severability. If any section, subdivision or provision of this Agreement shall be held invalid or unenforceable for any reason, the invalidity or unenforceability of such section, subdivision or provision shall not invalidate or render unenforceable any of the remaining provisions. 12. Amendment. Any amendments to this Agreement must be in writing, signed by all of the governmental units, following approval of their respective governing bodies. 13. Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. 14. Liability and Insurance. Each governmental unit shall be liable for its torts and the torts of its employees, agents and consultants in undertaking its respective individual responsibilities as described in this Joint Powers Agreement. Notwithstanding any language to the contrary, the governmental units agree that liability arising out of the activities of the WCAT Board and the governmental units shall be subject to the requirements of Minnesota Statutes §471.59, Subdivision 1a. (b), as it may be amended. The governmental units intend that the WCAT Board shall obtain insurance coverage for its tort liability and general liability as a Joint Powers Board. Nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to any governmental unit, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 15. Default. The failure by any governmental unit to observe or timely perform any covenant, condition, obligation or agreement herein shall constitute Default of the Agreement. Whenever a Default occurs, the WCAT Board shall provide thirty (30) days written notice to the defaulting governmental unit of the default which notice includes the nature of the Default and the manner in which the Default may be cured. If the Default is not timely cured, the WCAT Board may take any action available, including legal, equitable or administrative action, to enforce this Agreement. 16. Disputes. The governmental units agree that they will submit any disputes under this Agreement to mediation prior to resorting to an action in Court. By signing this Agreement, the governmental units certify that the same has been approved by their respective governing bodies. By_____________________________________ By____________________________________ Chair, County Board Mayor ATTEST: ATTEST: _______________________________________ _______________________________________ County Coordinator City Administrator Agenda Page 76 City Administrator’s Update November 30, 2017 GENERAL ADMINISTRATION Planning Commission Interviews: Interviews are scheduled for December 18 at 6:30 p.m. prior to the Council meeting. Ice Arena Temporary Parking:Staff has executed the agreement and submitted payment to Don’s Bus for the temporary parking agreement and our public works crews have set up the lot to accommodate approximately 95 stalls. We have also changed the intersection of Lachman th Avenue and 60 Street to an all-way stop controlled intersection and are working with Xcel to improve lighting along Lachman. Ice Arena Management Agreement: All three entities have approved the agreement and it is being circulated for execution. Trailblazer/WCAT: WCAT and Wright County have prepared a revised joint powers agreement that adds the County to WCAT as a majority funding partner and details a plan for future governance of WCAT. The amended joint powers will need to be approved by the County and each member city. The agreement is included on the agenda. Board/Committee Appointments: Council will need to approve board and committee appointments at the next meeting. The current appointments are attached for your review. Let the Mayor or me know if you would like make any changes to the appointments. th Towne Lakes 6 Townhomes: Developer Henry Hansen of Doug Carson Companies would like th to modify the design of the end units on the Towne Lakes 6 townhomes to include a partial second level. This modification has limited impact on the exterior elevations of the building. TIF 15 – Evans Park: The City executed the Series 2013 Tax Increment Note for Guardian Angels on November 30, 2017. The note for $1,200,000 states that the City of Albertville promises to pay Evans Park 90% of the tax increment monies received from the county for the TIF district 15 up to the value of the note. The execution of the TIF note is part of the contract for private development between the City of Albertville and Evans Park, Inc. ENGINEERING/PUBLIC WORKS CSAH 19 Median Lights: We are working with an electrician to update the decorative median lights to LED. Sliding Hill: Staff is reviewing options for a sliding hill in Central Park. th th CSAH 19 and 57 Street Signal Improvements: The revised signal and 57 Street turn arrows are now operational. In the spring the Contractor will need to sod all disturbed areas, and paint the signal poles and mast arms per the contract. Agenda Page 77 WWTP Upgrades: The lake study is complete and will be presented at the meeting. 2017 Street and Trail Improvements: The Contractor was unable to overlay many of the trail segments in Towne Lakes due to the wet fall and will need to do so in the spring. Other than the trails in Towne Lakes and some typical punchlist work, the project is generally complete and turned out well. th Karston Cove 4 Addition: The developer is looking at a concept with 10 single family lots. The developer has been working with the existing HOA; however the two groups are at an impasse as to whether or not the lots should be included in the existing HOA. The Developer will be presenting this concept to the Council the meeting. Westwind Park: We currently are having the park surveyed and will begin design this winter. th Towne Lakes 7 Addition: Approximately 3/4 of the watermain, sanitary sewer, and storm sewer has been installed, along with much of the mass grading. The Contractor will be resuming work in the spring when weather permits. Hunters Lake Estates:The Contractor will resume work on the development in the spring. Upcoming Events: Truth-in-Taxation Hearing, Dec. 4 at 6:30 p.m. prior to the Council meeting Planning Commission Interviews, Dec. 18 at 6:30 p.m. Attachments: 2017 Board and Committee Appointments City Administrator’s Update Page 2 of 2 November 30, 2017 Agenda Page 78 Agenda Page 79 Agenda Page 80