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2018-04-02 City Council Agenda Packet City of Albertville Council Agenda Monday, April 2, 2018 City Council Chambers 7:00 p.m. PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. P:\City Council\Council Agendas\2018 Agenda Packets\2018-04-02 City Council Agenda.docx Meeting Date: April 2, 2018 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 March 19, 2018 regular City Council meeting minutes as presented (pgs 3-7) B. Authorize the Monday, April 2, 2018 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request (pg 8) C. Approve Resolution No. 2018-007 accepting $2,000 donation from the STMA Baseball Association (pg 9) D. Approve Resolution No. 2018-008 accepting $3,000 donation from the STMA Baseball Association (pg 10) E. Approve Resolution No. 2018-009 accepting $400 year end donation from the STMA Women of Today to the Albertville Fire Department (pg 11) 7. Public Hearings – None 8. Department Business A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) B. Planning/Zoning 1). Central Park Improvement Priorities (pgs 12-14) Agenda Page 1 City of Albertville Council Agenda Monday, April 2, 2018 Page 2 of 2 P:\City Council\Council Agendas\2018 Agenda Packets\2018-04-02 City Council Agenda.docx Meeting Date: April 2, 2018 C. Legal 1). CSAH 18 Funding & Maintenance Agreements (pgs 15-20) (Motion to approve a Funding Participation and Construction Agreement for CSAH 18 Improvements between the County of Wright and the Cities of Albertville and St. Michael and the Joint Powers Water Board of Albertville, Hanover, and St. Michael.) D. Public Works/Engineering - None E. Fire – None F. Finance – None G. City Clerk – None H. Building – None I. Administration 1). City Administrator’s Update - Verbal 9. Announcements and/or Upcoming Meetings April 5 Fire Business Meeting, April 9 Ice Arena Board, 6:00 p.m. April 10 Planning Commission, 7:00 p.m. April 16 City Council, 7:00 p.m. April 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. April 30 Joint Governance Meeting, 6:00 p.m. May 7 City Council, 7:00 p.m. May 8 Planning Commission, 7:00 p.m. May 14 Ice Arena Board, 6:00 p.m. May 21 City Council, 7:00 p.m. May 28 City Offices Closed, Memorial Day May 29 Joint Powers Water Board, TBD? APRIL MAY Su M Tu W Th F Sa Su M Tu W Th F Sa 1 CC 2 3 4 FB5 6 7 1 2 3 4 5 8 Ice 9 PC 10 11 12 13 14 6 CC 7 PC 8 9 10 11 12 15 CC 16 17 18 19 20 21 13 Ice 14 15 16 17 18 19 22 JP23PK 24 25 26 27 28 20 CC 21 22 23 24 25 26 29 JM 30 27 H 28 JP29PK 30 31 10. Adjournment Agenda Page 2 Page 1 ALBERTVILLE CITY COUNCIL Monday, March 19, 2018 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Acting Mayor Vetsch called the meeting to order at 7:10 p.m. 2. ROLL CALL Present: Acting Mayor Vetsch and Council members Cocking, Hudson, and Olson Absent: Mayor Hendrickson Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, and Fire Chief Eric Bullen Others Present: STMA Youth Baseball Association, Jason Neros 3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS A. STMA Youth Baseball Presentation Neros gave a presentation on the association’s membership, practices and games, tournament, and activities. He thanked the Council for their support and praised the Public Works department for work in preparing the ball fields for the association. He stated they really enjoy playing on Albertville’s fields and hope to continue their relationship with the City. He announced they have a donation of $2,000 to give to the City Council for the last two years. He stated the association would like to give an annual update and presentation to the Council on a consistent basis. He also reported they have a donation of $3,000 to assist with the cost of lighting improvements for ballfield 3, which is half of the $6,000 the association pledged for the lights. The Council thanked the association for their generous donations. Nafstad inquired about the needs the association sees within Albertville. Neros replied there is a need for additional fields. However, Neros replied they consistently get compliments from other leagues on the condition of the STMA fields. 4. PUBLIC FORUM There was no one present for the forum. Agenda Page 3 City Council Meeting Minutes Page 2 Regular Meeting of March 19, 2018 5. AMENDMENTS TO THE AGENDA There were no amendments to the agenda. Motioned by Olson, seconded by Cocking, to approve the Agenda as presented. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. 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 March 5, 2018 City Council workshop minutes as presented B. Approve the March 5, 2018 City Council regular meeting minutes as presented C. Authorize the Monday, March 19, 2018 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 D. Approve the 2018 annual renewal of liquor licenses listed in the staff report contingent on full payment of license fees, proof of liquor liability insurance, Wright County Sheriff’s review for liquor law violations, and compliance with all building and fire regulations E. Approve Partial Pay Estimate #2 to Omann Contracting Companies, Inc. in the amount of $236, 799.57 for 57th Street and CSAH 19 Intersection Improvements F. Approve Partial Pay Estimate #2 to Omann Contracting Companies, Inc. in the amount of $603,799.59 for 2017 Street and Trail Improvements G. Accept February Monthly Sheriff’s Report Motioned by Olson, seconded by Cocking, to approve the Consent Agenda as presented. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS – None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) STMA Ice Arena Board Hudson reported the Board approved a budget with a presumption that ice rates may possibly be increased; however, ice rates are a separate discussion that will come back at the next meeting. Agenda Page 4 City Council Meeting Minutes Page 3 Regular Meeting of March 19, 2018 B. Fire 1). Fire Department Update Bullen reported the department has responded to approximately 75 calls for service to date. He also reported that the City of Otsego received a grant for a fire department/station study. The Elk River Fire Academy graduation will be on Wednesday, April 18 at the Elk River High School. There are two Albertville Fire Department employees at the academy this year and Bullen invited Council to RSVP if they wished to attend. Vetsch inquired about the specifics of the study. Bullen replied that Otsego is calling the study “Fire Response Model” and it will include station locations, station design and cost features, response times and call volumes, and review national standards. He stated that it would be a good barometer for the three fire departments that serve Otsego. Bullen reviewed three options for purchasing new fire vehicles and stated that the Fire Advisory Committee would need to discuss the options more in depth prior to discussing with the full Council. Bullen reported the department is looking at grants for portable radios as well as possibly applying for an MN OSHA grant for a diesel exhaust removal system for the Fire Hall. C. Public Works/Engineering 1) Central Park – Verbal Update Nafstad reported staff has broken down the Central Park Master Plan into seven components, cost estimates of those components, and sequence of implementation. Nafstad and the City Planner plan to bring these items to the next Parks Committee meeting. Olson stated he referred local Boy Scouts who were looking for projects to complete to city staff and he felt perhaps there were some in Central Park. 2) 50th Street NE Project Discussion Nafstad reported there will be a project management group meeting coming up in the next couple of weeks. The City Attorney is currently reviewing the agreements that Council will need to approve at possibly the next Council meeting. Vetsch had concerns regarding the turning capabilities for trucks with the roundabout at Barthel Industrial Drive NE and Nafstad replied that the turning radius is easier for trucks than a ninety- degree turn. Hudson stated that the raised roundabout islands allow for wheels to go up on the island and Nafstad agreed the outer edges are surmountable. Vetsch stated he has heard concerns from residents that the roundabouts will impact the flow of traffic and Nafstad replied that roundabouts tend to allow for more efficient traffic flow than traffic signals. He added that Wright County has a list of roundabout information on their website as well. Agenda Page 5 City Council Meeting Minutes Page 4 Regular Meeting of March 19, 2018 Vetsch questioned why the eastern roundabout is smaller and Nafstad stated that Naber Avenue may be a full intersection or interchange in the future. Vetsch inquired if the bus company has been involved and Nafstad replied the school district is part of the project management group. Nafstad reported there is a trail along Barthel Industrial Drive NEand to accommodate the trail, the design increases the sidewalk and crosswalks will be on all four legs of the intersection. This will allow pedestrians access to the new bituminous trail that will be installed on the south side of 50th Street NE. Nafstad reported that the County will not maintain or own the trails or ponding, so that will be outlined in the agreements coming to Council. The City will maintain the pond. This is based on the cost share agreement between the cities and the County. Olson would like to see the costs of the improvements between Albertville, St. Michael, and Wright County. Olson inquired about assessments for the City’s share of the improvements. Couri explained that the City would need to use the 429 process, but future development of the industrial area would be a tax increment financing district, so assessments at this time wouldn’t be in the best interest of the City. D. Legal 1). City Attorney Report Olson inquired how long the cable franchise agreements last and Couri replied usually fifteen years. The only issue he anticipates with the Charter renewal is the free cable drops to City buildings and Charter wanting to charge for the cable boxes. Olson further inquired if other cable companies could be allowed and Couri explained the franchise agreement with Charter is not exclusive and anyone can enter into a franchise agreement with the City. E. City Clerk 1). Set Joint Governance Meeting Motioned by Hudson, seconded by Olson, to set a Joint Governance Meeting with the City of St. Michael and STMA School Board for Monday, April 30, at 6:00 p.m. at Albertville City Hall. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. F. Planning/Zoning - None G. Finance – None H. Building – None I. Administration 1). Centennial Celebration Discussion Nafstad said the City will need to begin planning for the centennial celebration in 2019. He reported he and Vetsch met very preliminarily with an artist about creating a commemorative artwork piece. The also met with a local resident and went through historical items. One suggestion was a fall celebration in 2019 and possibly bring together a committee to help with the planning. Vetsch stated there are several options for the type of artwork for the commemorative piece. Agenda Page 6 City Council Meeting Minutes Page 5 Regular Meeting of March 19, 2018 Hudson inquired if the celebration would coincide with Albertville Friendly City Days (AFCD). Nafstad stated that it has been suggested not competing or taking away from AFCD. He thought maybe early fall after school starts. 9. Announcements and/or Upcoming Meetings March 26 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. **Note Time Change April 2 City Council, 7:00 p.m. April 9 STMA Ice Arena Board, 6:00 p.m. April 10 Planning Commission, 7:00 p.m. April 16 Local Board of Appeals and Equalization, 6:30 p.m. City Council, 7:00 p.m. April 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. April 30 Joint Governance Meeting, 6:00 p.m., Albertville City Hall 10. ADJOURNMENT Motioned by Hudson, seconded by Olson, to adjourn the meeting at 7:58 p.m. Ayes: Vetsch, Cocking, Hudson and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Hodena, City Clerk Agenda Page 7 Mayor and Council Request for Action P:\City Council\Council Packet Information\2018\040218\2018-04-02 Finance Bills Report (RCA).docx Meeting Date: April 2, 2018 March 29, 2018 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, April 2, 2018 payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 8 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018-007 A RESOLUTION ACCEPTING A $2,000 DONATION FROM THE STMA BASEBALL ASSOCIATION WHEREAS, the City of Albertville is authorized to accept contributions of real and personal people pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts and bequests for the benefit of recreational service pursuant to Minnesota 471.17; and WHEREAS, the City of Albertville has received a donation in the amount of $2,000 from the STMA Baseball Association; and WHEREAS, the City Council would like to thank the STMA Baseball Association and commend them for their support; and NOW, THERFORE, BE IT RESOLVED , by the City Council of the City of Albertville, Minnesota, that the donation be accepted and acknowledged with gratitude; and BE IT FURTHER RESOLVED, that said funds shall be deposited to the general fund and used for designated purposes. Adopted by the City Council of the City of Albertville this 2nd day of April, 2018. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Hodena, City Clerk Agenda Page 9 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018- A RESOLUTION ACCEPTING A $3,000 DONATION FROM THE STMA BASEBALL ASSOCIATION FOR INSTATLLATION OF LIGHTS AT CENTRAL PARK BALLFIELD #3 WHEREAS, the City of Albertville is authorized to accept contributions of real and personal people pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts and bequests for the benefit of recreational service pursuant to Minnesota Statute 471.17; and WHEREAS, the City of Albertville has received a donation in the amount of $3,000 from the STMA Baseball Association for the purpose of offsetting some of the expenses associated with the installation of lights at Central Park Ballfield #3; and WHEREAS, the City Council would like to thank the STMA Baseball Association and commend them for their support; and NOW, THERFORE, BE IT RESOLVED , by the City Council of the City of Albertville, Minnesota, that the donation be accepted and acknowledged with gratitude; and BE IT FURTHER RESOLVED, that said funds shall be deposited to the general fund and used for designated purposes. Adopted by the City Council of the City of Albertville this 2nd day of April, 2018. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Hodena, City Clerk Agenda Page 10 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018-009 A RESOLUTION ACCEPTING A $400 DONATION FROM THE STMA WOMEN OF TODAY FOR THE ALBERTVILLE FIRE DEPARTMENT WHEREAS, the City of Albertville is authorized to accept contributions of real and personal people pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens; and WHEREAS, the City of Albertville has received a donation in the amount of $400 from the STMA Women of Today for the Albertville Fire Department; and WHEREAS, the City Council would like to thank the STMA Women of Today and commend them for their support; and NOW, THERFORE, BE IT RESOLVED , by the City Council of the City of Albertville, Minnesota, that the donation be accepted and acknowledged with gratitude; and BE IT FURTHER RESOLVED, that said funds shall be deposited to the general fund and used for designated purposes. Adopted by the City Council of the City of Albertville this 2nd day of April, 2018. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Hodena, City Clerk Agenda Page 11 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 DATE: March 27, 2018 RE: Central Park Improvement Priorities FILE NO: 163.05 17.04 BACKGROUND: On March 26, 2017 the Albertville Park Committee met to review the Central Park Concept Plan and outline their priorities for park improvements. This will enable City Staff to research the various project and assign cost and timing as part of the City’s capital improvement planning and programming. The following list outlines the priorties in order of importance with and explanation for the order. PARK IMPROVEMENT PRIORITIES: 1. ACQUISITION OF THE BARTHEL PROPERTY. The Park Committee endorses the latest concept plan that expands Central Park with the acquisition of the Barthel lot. The entire park concept plan is impacted by the addition of this property. All other park improvements are influenced by this property acquisition. Additionally, the property owner is a willing seller. These circumstance make this the first priority. 2 58th STREET REALINGMENT AND IMPROVEMENT. The new 58th Street alignment and design establishes the southern boundary of the park, park access and park parking. This improvement is priority 2 as it effect the internal dimensions of the park. 3. SITE GRADING, INTERNAL TRAIL SYSTEM AND EXPANDED HARD SURFACE FOR THE PAVILION. The internal trail system defines the park access and user areas of the park for their intended uses. 4. BUILDING TREATMENTS FOR THE UPPER LIONS PAVILION. The park committee believe that with the new Depot that the rest of the park buildings should Agenda Page 12 2 share a similar architecture appearance. In this regard, upgrading the pavilion to be similar to the Depot is a priority. 5. MAIN AVENUE GATEWAY/ LANDSCAPE IMPROVEMENTS. This improvement falls to number 5 to allow the site grading and trail improvement to occur prior to the installation of the iron works and landscaping along Main Avenue. This improvement also includes the landscaping within the park and a gateway treatment along Landers Avenue to introduce the park from this direction. The thought is to have both the Main Avenue and Landers Avenue gates be produced under one contract with a similar design. 6. SPLASH PAD. The installation of the splash pad will be an expensive improvement. Identified as priority 6 allows the other park improvements to be completed and allow the City to research splash pad design, operations and costs. 7. NORTH PARKING LOT IMPROVEMENT. The improvement and paving of the north parking lot follows the splash pad installation to allow an unimproved staging area for the construction of the splash pad. 8. CENTRAL PARK PLAYGROUND EQUIPMENT REPLACEMENT. This priority includes the redesign of the playground area and selection of new playground equipment in Central Park. 9. RELOCATION OF THE SPORT COURTS. The relocation of the sport courts to the Barthel property is a low priority. Some question whether it is necessary. Some suggest that the Barthel property should be used for expanded parking. This design element will be left for future consideration. 10. NEW WARMING HOUSE. Replacement of the warming house with a building that follows the architecture to the rest of the Central Park buildings was identified as a future need. CONCLUSION: The aforementioned priorities were offered by the Albertville Park Committee for the staged implementation of the Central Park Master Plan. Agenda Page 13 Ride (32’ Dia) Games (15’-20’) Carousel (36’ Dia) Ferris Wheel (55’x30-) Kids Coaster (45’x16’) Food Trailers (20’x8’) Spook House (65’x12’) Depot Caboose Paved Parking Area Farmers Market Vendors Lion’s Pavilion Decorative Fencing(Typical) Deciduous Street Trees Decorative Lighting (Typical) Flower Bed Areas(Typical) Shrub Massing Pedestrian Entry Pedestrian Entry 58th Street (One Way) Removable Bollards Crosswalk Stamped Concrete Concrete SurfaceLanderAvenueExisting Trees to Remain or Relocated Utility Drive(Extend to Parking Area) Pavers Central Park “Arbor”Sign Perennial Plantings/Rain-garden Ivy Planted alongChain Link Fence Rail r o a d R O W Backdrop Conifers Existing Bollards Central Park Concept Plan Albertville, Minnesota ‘Friendly City Days’ Layout Albertville, Minnesota Update Existing Play Equipment and Preserve Existing Trees Central Park “Arbor”Sign Relocated 58th Street (One Way) Relocated Basketball Court Relocated Skate/Board Park Splash Pad Existing Basketball Court (26x60’ +/-) Existing Skate/Board Park (35x65’ +/-) Existing Sand Volleyball Screen Plantings Screen Plantings Install Additional Trees for Shade/Protection Balleld Main Avenue80’ +/-155’ +/-70’ +/-25’+/-Splash Pad Bench (Typ) Elevated Area Head-in Parking Retaining Walls Church/ Dance Studio Agenda Page 14 1 AGREEMENT NO. 18-51 WRIGHT COUNTY DEPARTMENT OF HIGHWAYS FUNDING PARTICIPATION AND CONSTRUCTION AGREEMENT BETWEEN THE COUNTY OF WRIGHT and THE CITIES OF ALBERTVILLE AND SAINT MICHAEL and THE JOINT POWERS WATER BOARD OF ALBERTVILLE, HANOVER AND ST. MICHAEL For CONSTRUCTION OF IMPROVEMENTS FOR: County State Aid Highway (CSAH) 18 – (locally known as 50th Street NE) CP 086-018-171 GRADING & BASE, SURFACING, ROUNDABOUT, MINI-ROUNDABOUT & BIKE TRAIL/PATHWAY IMPROVEMENTS March 2, 2018 Agenda Page 15 2 COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into by and between the County of Wright, Minnesota, acting by and through its County Board of Commissioners hereinafter referred to as the "County", and the Cities of Albertville and Saint Michael, Minnesota, acting by and through their respective City Councils, hereinafter referred to as the "Cities", and the Joint Powers Water Board of Albertville, Hanover and St. Michael, hereinafter referred to as the Joint Powers Board.. WITNESSETH: WHEREAS, plans and specifications will be prepared by the County for the improvement of County State Aid Highway (CSAH) 18, known locally as 50th Street NE, from approximately - the MacIver Ave/Barthel Industrial Drive NE intersection to CSAH 22 (Naber Ave NE), and said construction plans are designated as CSAH 18 Improvements, and the length of the improvement is approximately 1 mile, and WHEREAS, the Cities have supported the improvements of CSAH 18, identified as a key east-west Major Collector, in the NE Wright County Sub-Area Transportation Study (completed in 2005) – which led to the County taking over jurisdiction of this segment of roadway as a County State Aid Highway from the cities’ in 2008. WHEREAS, the improvements are consistent with the short-term improvements identified in on the County’s list of Local Option Sales Tax Projects (approved by the County Board in June of 2017) and the County’s Cost Participation Policy, dated May 2014 will govern the cost participation between the Cities and County for the project, and WHEREAS, The proposed improvements indicated above will be included in one (1) contract to be administered by the County and will consist of, but is not limited to, grading & base construction, roundabout construction, mini-roundabout construction, bituminous surfacing, bike trail/pathway construction, storm sewer/drainage improvements, and other miscellaneous improvements within the corporate limits of the Cities, and NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: Article 1 The County shall construct or cause to be constructed an improvement project including, roadway, roundabout, bike trail/pathway, drainage, and other miscellaneous improvements upon or along CSAH 18 (50th Street NE) within the Cities’ limits in accordance with the approved plans and specifications as prepared by the County, and as approved by the MnDOT State Aid Office, and on file at the office of the County Engineer. Article 2 It is agreed that upon completion of and acceptance of the work as to quantity and quality by the County, the County Engineer shall determine the actual amount that the County will invoice the Cities in accordance with the following funding participation schedule: 1. CSAH 18 (50th Street NE) Construction Costs: The cost participation is consistent with the Cost Participation Policy adopted by the County Board on May 6, 2014, and shown in the Appendix of this Agreement. The County will acquire necessary right-of-way for this project at no cost to the Cities. 2. Storm Sewer Costs: It is agreed that upon completion of the project, the Cities will own/maintain the storm sewer system and storm water ponds along CSAH 18 which includes meeting the MS4 requirements of MPCA. This ownership/maintenance shall not commit the Cities to replacing or relocating any portion of said storm sewer made Agenda Page 16 3 necessary as a result of a future reconstruction of CSAH 18. The Cities shall enter into a separate Agreement regarding maintenance of the storm sewer system and storm water pond to further detail each city’s specific maintenance responsibilities. The County will not be part of the separate maintenance Agreement, but shall receive a copy of the Agreement, for future reference. 3. Bituminous Trail/Pedestrian Pathway: The County will acquire the necessary right-of-way for the construction of this project, including the additional right-of-way needed for the trail/bikepath. The Cities will own and maintain the sidewalk, and trail/bikepath that is constructed as part of this project. The sidewalk and trail/bikepath shall be subject to the requirements in the County’s Right-of-Way Ordinance for Management of the Public Right-of-Way Under the County’s Jurisdiction, for facilities located in the highway right-of-way. 4. Watermain It is agreed that plans and specifications for watermain improvements will be prepared by Veolia Water Corporation, which serves the Cities, and the plans/specifications will be included in the highway construction plans. The watermain located within the highway right-of-way will be subject to the County’s Right-of-Way Ordinance for facilities. A right-of-way permit will need to be completed for the watermain (the permit fee will be waived). The Joint Powers Board shall pay all costs incurred by the County in performing the watermain improvements. 5. Engineering Costs: The County will provide engineering services (with staff and/or consultants) for design, construction administration and inspection of this project. The County will not participate in any engineering costs incurred by the City that are necessary for the City to assess their portion of the project costs (Feasibility Studies, hearings, legal expenses, etc.) or for public utilities (watermain/sanitary sewer). The City will reimburse the County for engineering services for the City’s portion of the project based upon the following table. The final reimbursement will be computed using the appropriate % below times the City’s portion only of the contract construction cost. From $ 0 thru $50,000 up to 18% of City’s Portion Over 50,000 thru 100,000 up to 16% of City’s Portion Over 100,000 thru 250,000 up to 13% of City’s Portion Over 250,000 thru 500,000 up to 11% of City’s Portion Over 500,000 thru Indefinite up to 10% of City’s Portion The County shall prepare a preliminary estimate of construction cost for the project. The preliminary cost estimate shall identify both the Cities’ share and County’s share of cost for the project based upon this funding agreement. This preliminary construction cost estimate shall be attached to this funding agreement. It is intended that the work outlined above in Article Two is to be done by a contractor on a unit price basis through a contract duly let by the County. At such time as the County awards a contract, the County will prepare a new estimate of the Cities’ share of the construction cost based on the unit prices bid by the County's contractor. A copy of such revised cost estimate will be forwarded to the Cities. Article 4 The County shall be responsible for all field inspection of materials (Including required testing at intervals outlined in the latest MnDOT State Aid for Local Transportation Materials Control Schedule, which is included in the project proposal), quantities, and contractor performance (Including submittal of Change in Construction Status forms, and all other required forms, to be submitted to the MnDOT District 3 State Aid Engineer, with copies to the County) for the road improvement project. Field inspection for the watermain improvements will be the responsibility of the Joint Powers BoardCities. Testing for highway construction items will be paid for by the County. Testing and testing for water main improvements utility improvements will be the responsibility of the Joint Powers Board. Testing Agenda Page 17 4 for trail improvements (and the trail) will be conducted by _______________ and paid for by the City. Article 5 The County shall bill the Cities (95% of the Cities’county’s cost share) after the construction contracts are signed by the County and at the final completion of the project (the remaining Citiescity cost share). The Cities shall reimburse the County within 60 days of receipt of the invoice from the County. The County shall bill the Joint Powers Board (95% of the Joint Powers Board’s cost share) after the construction contracts are signed by the County and at the final completion of the project (the remaining city cost share). The Joint Powers Board shall reimburse the County within 60 days of receipt of the invoice from the County. Upon signing the construction contract by the County, a copy of the bid schedule breakdown of the Cities’ portion of the project shall be forwarded to the Citiesy and to the Joint Powers Board. Upon 100% completion of the work, the County shall forward to the Cities and the Joint Powers Board a copy of a cost breakdown identifying the Cities’ and Joint Powers Board’s cost participation, based on this agreement. Article 6 The Cities shall take ownership of the sidewalk and trail/bikepath and be responsible for all associated maintenance and future repairs of the sidewalk and trail/bikepath. The Cities are required to fill out a R/W Permit for the sidewalk and trail/pathway within the CSAH 18 right-of-way. The County will waive the permit fee since the construction will be in conjunction with this project. Article 7 The Cities shall indemnify, save and hold harmless the County and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the Cities. The County shall indemnify, save and hold harmless the Cities and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution of performance of the work provided for herein to be performed by the County. The Joint Powers Board shall indemnify, save and hold harmless the County and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the Joint Powers Board. The County shall indemnify, save and hold harmless the Joint Powers Board and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution of performance of the work provided for herein to be performed by the County. Article 8 It is further agreed that any and all full-time employees of the County and all other employees of the County engaged in the performance by any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of the Cities and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged Agenda Page 18 5 and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the work or services provided to be rendered herein shall be the s ole obligation and responsibility of the County. It is further agreed that any and all full-time employees of the City and all other employees of the Cities engaged in the performance by any work or services required or provided for herein to be performed by the Cities shall be considered employees of the Cities only and not of the County and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said Cities’ employees which so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the Cities. Article 9 Before this agreement shall become binding and effective it shall be approved by both the City Councils of Albertville and Saint Michael, and it shall also be approved by the County Board and such other officers as the law may provide. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. COUNTY OF WRIGHT CITY OF ALBERTVILLE Recommended for Approval: Recommended for Approval: County Engineer City Engineer, Albertville APPROVED: APPROVED: Chair, County Board Mayor, City of Albertville County Coordinator City Attorney, City of Albertville County Attorney City Clerk, City of Albertville ____________ Date Date CITY OF SAINT MICHAEL Agenda Page 19 6 Recommended for Approval: ____________________________ City Engineer, Saint Michael APPROVED: ____________________________ ______________________________ Mayor, City of Saint Michael City Clerk, City of Saint Michael ____________________________ ______________________________ City Attorney, City of Saint Michael Date Agenda Page 20