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2019-05-20 City Council Agenda Packetlbcrtvijje Small living. flfg City life. City of Albertville Council Agenda Monday, May 20, 2019 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. 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 April 15, 2019 regular City Council meeting minutes as presented (pgs 4-8) B. Approve the April 15, 2019 Local Board of Appeals and Equalization meeting minutes as presented (pgs 9-10) C. Approve the April 29, 2019 Joint Governance meeting minutes as presented (pgs 11-12) D. Approve the April 29, 2019 City Council workshop meeting minutes as presented (pgs 13-15) E. Authorize the Monday, May 6, 2019 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 6) F. Authorize the Monday, May 20, 2019 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 7) G. Approve an Intoxicating Temporary On -Sale Liquor License for the Knights of Columbus Council #4174 and the Foxtails Snowmobile Club for June 7-9, 2019 for the 2019 Friendly City Days festival for a flat fee of $100 per organization for the event (pgs 18-20) H. Approve an Intoxicating Temporary On -Sale Liquor License for the American Legion Post 567, DBA Liberty Restaurant Bar, for June 1, 2019 for a fundraising benefit for the Dehn family (pgs 21-22) I. Approve the Church of St. Albert Lawful Gambling Exempt Permit Application for the annual Parish Festival that will be held on September 15, 2019 at the St. Albert Parish Center (pgs 23- 26) P:ACity Council\Council Agendas\2019 Agenda Packets\2019-05-20 City Council Agenda.docx Meeting Date: May 20, 2019 Agenda Page 1 City of Albertville Council Agenda Monday, May 20, 2019 Page 2 of 3 J. Adopt Resolution 2019-023 approving an Off -Site Gambling Permit for the STMA Youth Hockey Association for Albertville Friendly City Days on June 8, 2019 (pgs 27-30) 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). Planner's Update (pgs 31-33) 2). Northeast Albertville Trails (pgs 34-61) C. Public Works/Engineering 1). Fire Hydrant Maintenance Policy (pgs 62-63) 2). Barthel House Demolition (Quotes provided at meeting) (Motion to approve demolition in the amount of $ ) 3). CSAH 19 Update — Verbal 4). Albertville WWTP and Discharge Improvements (pgs 64-70) • Motion to Approve Resolution No. 2019-024 entitled A Resolution Approving Plans and Specifications Accepting Low Bid for Construction of the Albertville WWTP and Discharge Improvements, Contingent on MPCA Approvals. • Motion to Approve construction services proposal by Bolton & Menk, Inc. for an estimated amount of $348,336. 5). Wastewater Discharge Project (pgs 71-76) • Motion to Approve Resolution 2019-025 entitled, declaring the official intent of the City of Albertville to reimburse certain expenditures from the proceeds of bonds to be issued by the City. • Motion to Approve Resolution 2019-026 committing City funds related to special appropriations grant, through the planned issuance of general obligation sewer revenue bonds, series 2019A. 6). Minor Drainage Projects Review — Discussion D. City Clerk 1). Stay in the Fight and Farrell's Memorial Day Special Event (pgs 77-79) • Motion to Waive the $75 Mobile Food Unit license fees for the Stay in the Fight and Farrell's Memorial Day Event on May 27, 2019 OR • Motion to not waive the $75 Mobile Food Unit license fees for the Stay in the Fight and Farrell's Memorial Day Event on May 27, 2019 E. Fire 1). Fire Equipment Update - Verbal P:ACity Council\Council Agendas\2019 Agenda Packets\2019-05-20 City Council Agenda.docx Meeting Date: May 20, 2019 Agenda Page 2 City of Albertville Council Agenda Monday, May 20, 2019 Page 3 of 3 F. Legal 1). Aptive Environmental, LLC Stand Down Agreement (pgs 80-84) (Motion to Approve the Stand Down Agreement between Aptive Environmental, LLC and City of Albertville.) G. Finance -None H. Building —None L Administration 1). City Administrator's Update (pgs 85-86) 9. Announcements and/or Upcoming Meetings May 17 Explore Your Parks Night May 27 City Offices Closed, Memorial Day May 28 Parks Committee, 6:00 p.m. — Depot (location change) June 3 City Council, 7:00 p.m. Jun 5-9 Friendly City Days June 10 STMA Ice Arena Board, 6:00 p.m. June 11 Planning Commission, 7:00 p.m. June 17 City Council, 7:00 p.m. June 24 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. Su M MAY Tu W Th F Sa 1 2 3 4 5 cc 6 7 8 9 10 11 12 ce 13 AA 15 16 17 18 19 cc 20 21 22 23 24 25 26 "27 PK28 29 30 31 10. Adjournment Su M J_ Tu W Th F Sa 1 2 CC 3 4 AFCD5 AFCD6 AFCD7 AFCD8 AFCD9 Ice 10 12 13 14 15 16 cc 17 18 19 20 21 22 23 PK24JP 25 26 27 28 29 30 P:ACity Council\Council Agendas\2019 Agenda Packets\2019-05-20 City Council Agenda.docx Meeting Date: May 20, 2019 Agenda Page 3 Albertville Smog T— IMnq. eq CRy ui.. ALBERTVILLE CITY COUNCIL Monday, April 15, 2019 DRAFT MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:02 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Councilmembers, Halling, Olson and Vetsch Absent: Councilmember Cocking 7:00 PM Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Alan Brixius, Finance Director Tina Lannes, and City Clerk Kimberly Hodena Others Present: Commissioner Michael Potter, Laurie Summerland, Sheriff Deringer, Andy Berg 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS Sheriff Deringer reported things were off to a swift start his first year and let Council know he was available should they have any questions. Commissioner Potter reported on an upgrade to the government center. He stated that new construction was at the highest it has ever been. He also reported that the county board is focusing on long range planning so that they do not need to have a large double digit increase in the future as they had to do this year. He stated this year's large increase stems from unfunded mandates, personnel increases and work needed on ditches. Vetsch inquired about the nuclear plant and how that affects taxes. Potter stated that the permit for the plant expires in 2030. If it is not renewed, which most are not, it will be a significant loss of tax revenue to the county and the board is already looking to address that. Hendrickson inquired if the county is prepared in terms of staff as the county grows. Potter replied they are about 20 positions down, but those would need to be phased in over time. A. 2018 Audit Presentation Andy Berg from ABDO was present at the meeting. Berg reported their firm gave a modified, or clean, opinion. He reported that there is still the finding regarding segregation of duties, but that is common for a city of this size and number of employees. He stated last year there was a finding regarding card credit receipts but that has now been corrected, so it has been removed. Berg reported permits and licenses were up for 2018. Page 1 Agenda Page 4 Nafstad inquired if Andy had any concerns with the money in the Revolving Loan Fund not being utilized and Berg reported he had none. Couri explained there are very specific kinds of uses that the money can be used for based on federal restrictions. Halling inquired what it could not be used on and Couri explained that it would be retail or service uses. He stated the original funds came the from Department of Employment and Economic Development and is geared towards manufacturing and job creation. Berg reviewed the enterprise funds. He reported the water fund did not generate enough cash to cover operations. However, the sewer fund does. He had no concerns with the recycling fund. Vetsch inquired why the water fund didn't cover operation costs. Lannes replied there were two significant watermain breaks and equipment was also purchased. Nafstad asked Berg if it was time to do a rate study on water and sewer rates. Berg replied that could be looked at as part of the long range planning. It would be helpful to look at projections and come up with a five to ten year plan. Berg reported that the city is a good position with their percentage for cash flow. 4. PUBLIC FORUM There was no one present for the forum. 5. AMENDMENTS TO THE AGENDA Motioned by Olson, seconded by Halling, to approve the Agenda as presented. Ayes: Hendrickson, Halting, Olson and Vetsch. Nays: None. Absent. Cocking. MOTIONDECLARED 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 April 1, 2019 regular City Council meeting minutes as presented B. Authorize the Monday, April 15, 2019 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request C. Approve payment to the MPCA for the Wastewater Treatment Plant permit in the amount of $17,050 D. Approve an Intoxicating Temporary On -Sale Liquor License for the Albertville Lions Club and Albertville Fire Department for June 5-9, 2019 for the 2019 Friendly City Days festival for a flat fee of $100 per organization for the event E. Adopt Resolution 2019-018 approving an Off -Site Gambling Permit for the St. Michael American Legion for a benefit fundraiser on June 1, 2019 at the St. Albert Parish Center F. Approve Resolution No. 2019-019 entitled a Resolution Authorizing and Documenting Inter -Fund Loans to Fund Negative Fund balances City Council Meeting Minutes Page 2 Regular Meeting of April 15, 2019 Agenda Page 5 G. Approve Resolution No. 2019-020 entitled Resolution to Transfer Funds H. Accept I" Quarter Budget to Actual Report I. Accept Accounts Receivable Report J. Approve Resolution 2019-021 establishing a new Municipal State Aid Street Segment K. Approve St. Michael Sewer Agreement Motioned by Vetsch, seconded by Olson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Halling, Olson and Vetsch. Nays: None. Absent. Cocking. MOTIONDECLARED CARRIED. 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) There were no Council updates. B. Planning/Zoning 1). The Crossing Church and Outlets of Albertville Second Addition Request for PUD Amendment Brixius reported The Crossing Church previously received approval to locate within the Outlet Mall earlier this year with a capacity of 300 people. It was recently discovered that occupancy above 200 people requires additional standards in terms of fire and building code. The applicant and owner are requesting the City formally reduce the capacity back to 200 people. This would most likely result in additional events (services). Motioned by Halling, seconded by Olson, to Adopt Resolution number 2019-022 entitled resolution approving a PUD amendment restricting the capacity of The Crossing Church to no more than 200 people for any single event on Lot 1, Block I Outlets of Albertville Second Addition located within the City of Albertville. Ayes: Hendrickson, Halling, Olson and Vetsch. Nuys: None. Absent. Cocking. MOTIONDECLARED CARRIED. C. Public Works/Engineering 1). Jack Brandes Single Family House Permit - 11588 Laketowne View NE Nafstad reported that Brandes purchased a lot in Towne Lakes and has submitted a permit application to build a home. Nafstad explained the permit application has not been approved because it is not consistent with the development plans and proposes to locate the driveway over the sewer and water services. The development plans for this lot have the garage on the left and the Brandes' would like the garage to be on the right. Nafstad informed the council that Mr. Brandes would like the city council to allow the change. Nafstad also discussed circumstances where the city would approve placing a driveway over the service set, but this wasn't one of them and didn't believe doing so would be in the best interest of the city. Brandes stated he had the house designed and the lot staked and when he went to pull the permit, he was informed the house needed to be flipped. He stated this would cause him to have the plans City Council Meeting Minutes Page 3 Regular Meeting of April 15, 2019 Agenda Page 6 redesigned and the added survey related expense. Brandes showed a graphic identifying multiple houses that were not consistent with the development plan and one showing the service in the middle of the driveway. Brandes stated that he would be responsible if the driveway would need to be repaired. There was discussion on the ownership and responsibility of the services and Nafstad clarified the city is responsible for the water service from the watemain to and including the curb stop. Vetsch inquired if there could be an assessment or escrow option. Brandes thought the cost for the driveway he is putting in would be $3,500 and would be willing to put that amount in escrow. Couri commented that an escrow or assessment agreement would be difficult to track so it could be used for that property in the future. Brandes inquired if the service could be moved. Vetsch felt that they need to be consistent with the Joint Powers Water Board and Nafstad stated that is not desired as it would require open cutting of the street. Halling questioned if the city requirements are made clear to applicants. Nafstad commented that Brandes' surveyor was provided with the approved development plans. Hendrickson inquired if Brandes could be reimbursed for the cost of the original staking and Couri stated it could be a possibility. Olson stated that he will defer to the city's engineer. Mayor Hendrickson looked for a motion from Council to approve his request, and given none, thanked Mr. Brandes for coming. D. Fire —None E. Finance — None F. City Clerk — None G. Building —None H. Legal —None I. Administration 1). City Administrator's Update Lannes reported there are currently no loans from the SAC fund, which has not happened in several years. Prairie Run lots have all been paid back. Nafstad reported that staff is meeting with a multi -tenant building to discuss possible zoning changes. He also stated the Council will be seeing a concept plan for the Heuring Meadows property soon. Olson inquired if it would be a PUD and Brixius reported it would but would need to be rezoned first. He stated it also entailed a private street in the PUD. Vetsch indicated he was not supportive of the concept the Council previously heard. Halling inquired about the current vision for City Council Meeting Minutes Page 4 Regular Meeting of April 15, 2019 Agenda Page 7 that lot. Brixius explained it is guided and zoned commercial. Vetsch had concerns if the zoning is changed for that lot what will happen to the large lot across CSAH 19 when that sells. Nafstad inquired if this should come back before council in concept before going to the Planning Commission. Brixius felt it should go to council at a concept level before a formal development application and fees are submitted. 9. Announcements and/or Upcoming Meetings April 22 Parks/Centennial Planning Committee, 7:00 p.m. April 29 Joint Governance Meeting, 6:45 p.m. May 6 City Council, 7:00 p.m. May 13 STMA Ice Arena Board, 6; p.m. May 14 Planning Commission, 7:00 p.m. May 17 Explore Your Parks Night, 7:00 p.m. May 20 City Council, 7:00 p.m. May 27 City Offices Closed, Memorial Day May 28 Parks/Centennial Committee, 7:00 p.m. 10. ADJOURNMENT Motioned by Vetsch, seconded by Olson, to adjourn the meeting at 9:16p.m. Ayes: Hendrickson, Halling, Olson and Vetsch. Nays: None. Absent: Cocking. MOTIONDECLARED CARRIED. Respectfully submitted, Kimberly A. Hodena, City Clerk City Council Meeting Minutes Page 5 Regular Meeting of April 15, 2019 Agenda Page 8 A�,Ibcrtvillci CITY OF ALBERTVILLE LOCAL BOARD OF APPEAL AND EQUALIZATION CITY HALL — COUNCIL CHAMBERS April 15, 2019 DRAFT MINUTES ROLL CALL PRESENT: Board members Jillian Hendrickson, Rebecca Halling, Rob Olson and John Vetsch ABSENT: Board member Aaron Cocking STAFF PRESENT: City Administrator-PWD Adam Nafstad, City Clerk Kimberly Hodena, Finance Director Tina Lannes, Albertville Appraiser Brice Nelson, Wright County Assessor Tony Rasmuson and Appraiser Wally Peterson OTHERS PRESENT: Wendy Merila, Commissioner Michael Potter Hendrickson called the meeting to order at 6:30 p.m. ASSESSOR'S OPENING STATEMENT Nelson reported that the goal of the Local Board of Appeal and Equalization is to review the 2019 assessment for taxes due and payable in 2020. The board does not have the authority to open any prior year's assessment for taxes due and payable in 2019. The board also does not have the authority to grant an exemption or to order property to be removed from the tax rolls. Nelson indicated at least a quorum of the board must be present at the meeting with at least one trained and certified member. He also indicated State law requires the assessor to value property at 100% market value; however Minnesota Statute allows the assessor to value within a range of 90% to 105% of market value. Rasmuson reported that these are the highest they have seen in the county and a lot of work went into this assessment period. Nelson reviewed the definition of market value, indicating that foreclosures are not included. He stated that two story houses are coming back and Albertville had 24 new construction permits. Nelson reported that their office received a total of eight calls from Albertville residents and he has only one recommended valuation change. Rasmuson reported that across the county the biggest increase was to industrial properties. Apartments increased over 10% and retail increased 3%. Nelson reported that the one recommended change is for 7080 691h Circle NE to reduce valuation from $381,900 to $362,900. Agen"gage 9 City of Albertville Meeting Minutes Local Board of Appeal and Equalization April 15, 2019 Page 2 of 2 Motioned by Olson, seconded by Halting, to reduce the valuation for 7070 69`h Circle NE to $362,900. Ayes: Hendrickson, Halting, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. Motioned by Hendrickson, seconded by Olson, to open the public hearing. Ayes: Hendrickson, Halling, Olson and Vetsch. Nays: None. Absent. Cocking. MOTION DECLARED CARRIED. Hendrickson called for public comment. Merila inquired about her property, 11701 541h Street NE, and why the value continues to increase. Nelson explained that he placed a median value of 89% which is lower than the 95% they aim for and it also depends on comparative sales. Nelson stated that the increase is 5.39% for Merila's property. Potter reported that the Wright County Board of Commissioners has made concerted efforts to inform the public about the valuation hearings through the website, a letter in the paper and other means. Motioned by Hendrickson, seconded by Olson, to close the public hearing. Ayes: Hendrickson, Halting, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. Motioned by Vetsch, seconded by Hendrickson, to adjourn the meeting at 6:59 p.m. Ayes: Hendrickson, Halting, Olson and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly A. Hodena, City Clerk Agenda Page 10 NIber-tville Small Town Living. Big City Life. City of t. Nichacl �M STMA School Board Albertville City Council St. Michael City Council Monday, April 29, 2019 @ 6:45p.m. Albertville City Hall JOINT MEETING DRAFT MINUTES 1. Welcome — Mayor Jillian Hendrickson Mayor Hendrickson called the meeting to order at 6:48 p.m. and welcome the group to the meeting. 2. Introductions Introductions were made around the room and the following were present: Jillian Hendrickson, Aaron Cocking, Rebecca Halling, Rob Olson, Adam Nafstad, Eric Bullen, Grant Fitch, Kim Hodena, Aaron Brom, Mike Potter, Kevin Kasel, Nadine Schoen, Ryan Gleason, Keith Wettschrek, Joe Hagerty, Marc Weigle, Steve Bot, Drew Scherber, Carol Steffens, Larry Sorensen, Tim Lewis, Hollee Saville, Kari Dwinnell, Ann Marie Foucault. 3. Set Agenda Motioned by Cocking, seconded by Schoen, to approve the agenda as presented. Ayes: All. Nays: None. MOTIONDECLARED CARRIED 4. St. Michael Construction & Development Weigle gave a presentation on development within St. Michael. He reported that housing permits are increasing from the downturn. Weigle reviewed recent development activity as well as future anticipated projects. Weigle described the sewer limitations they have for one development and agreement between the cities of Albertville and St. Michael to address those needs. Saville inquired if Jamison Avenue will go all the way through and Weigle stated that eventually it would. Potter reported that Jamison Avenue is slated to eventually be a county road at some point. Weigle provided an update on commercial development. Dairy Queen is planning to reconstruct their building since the fire and since it is one of the top stores in the state, they are designing a very nice building. Kasel reported that Dairy Queen committed to finding jobs for the St. Michael employees at other stores so they could remain employed and they could keep the team together once the build is complete. Community Development Bank will be expanding their building. Weigle reported they have three churches coming into town. Weigle reported that part of the I-94 improvements will include work at the 241/1-94 interchange. Steffens inquired if efforts are being made to bring in commercial and industrial businesses to help with the tax base. Weigle replied that St. Michael has more commercial land than industrial and Kasel stated the problem lies with finding willing sellers that have land. Agenda Page 11 5. Albertville Construction & Development Nafstad stated Albertville will be holding a 100-year anniversary event this fall. He asked the group to reserve the date of Saturday, September 21, 2019 as the city will be holding a daylong celebration event. They have many activities planned and encouraged anyone that wishes to volunteer to participate in the planning process. Nafstad reported that Albertville has had three new housing developments with approximately 125 new homes. However, he did point out that all the homes are within the Elk River school district rather than STMA. He reported that Kwik Trip was approved to build in the northeast corner of I-94 and CSAH 19 intersection. The city also approved a new therapy building along CSAH 19, Sunny Days Therapy. In terms of the STMA Arena, Nafstad reported that the board approved rate increases to counter a budget shortfall due to large utility bills and unexpected costs. The arena purchased a new ice re - surfacer that is electric and will have no emissions. He stated that in order to connect the original ice sheet to the new ice sheet, they had to open up the pipes underneath and found that they needed to be cleaned. Kasel stated that the cost is approximately $18,000 but it should be done before connection otherwise it will push the sludge into the new system. Foucault stated that she spoke with the engineer and they recommended it be done or it would cause failure to the new system eventually. Kasel asked the group if there were objections and stated funds most likely would come from capital. Foucault stated they really couldn't wait for the next arena board meeting. The group was in agreement that it was needed. Nafstad reported that there is a request to put an ATM with signage opportunities in the new ice area. Saville asked if revenue would go to the Arena Board and Nafstad confirmed it would come in as revenue for the board's budget. Steffens would like to make sure the signage conforms to the board's policies. Nafstad reviewed the improvements that would be made to CSAH 19 and CSAH 38 (701h Street NE). He described the improvements to the Wastewater Treatment Plant that are required by the MPCA and the plan the city has to address it. 6. Other Updates There were no other updates. 7. Adjourn Motioned by Saville, seconded by Dwinnell, to adjourn the meeting at 7.•36 p.m. Ayes: All. Nays: None. MOTIONDECLARED CARRIED. Agenda Page 12 NIbertville CITY COUNCIL WORKSHOP CITY HALL - COUNCIL CHAMBERS Monday, April 29, 2019 DRAFT MINUTES 1. Call To Order Mayor Hendrickson called the meeting to order at 7:53 p.m. Present: Mayor Hendrickson and Council members Cocking, Halling, Olson and Vetsch Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, Fire Chief Eric Bullen, City Planner Alan Brixius, and City Clerk Kimberly Hodena Others Present: Henry Hansen, Noah Larson, and Scott Dahlke of Doug A. Carlson, Inc., County Commissioner Mike Potter, Planning Commissioner Walter Hudson 2. Heuring Meadows High Density Residential Plan Brixius reported the 11 acre lot along the west side of CSAH 19 and north of 53'd Street NE is currently guided and zoned commercial 132. The previous concept had three apartment buildings with quadraminiums. The concept plan proposes 160 apartments in the two buildings, 20 quadraminium units a six unit townhome and a commercial lot for a 12,000 square foot daycare facility. The units will all be market rate rental units. Brixius explained that the applicant is seeking Council feedback on this concept prior to creating detailed development plans and submitting formal application; this will save the applicant significant plan and application fees should the concept be rejected. Brixius further explained that the concept is in conflict with the current land use plan and would require a comprehensive plan amendment, rezoning, preliminary and final plat, and planned unit development (PUD) concept. Brixius detailed the access to the site, stating a traffic study would be required to identify needed traffic controls. The applicant provided a narrative detailing the concerns previously expressed regarding the apartments. Brixius stated that concerns from last year also included traffic, renter vetting, and amenities. Vetch inquired about green space for older children rather than only playground equipment for younger children. Brixius reported that there is limited greenspace in the concept that would not accommodate a large soccer field, etc. and Nafstad did state the concept would bring significant park dedication funds. Vetsch also felt the city wouldn't be flush with profit from this development and they need to be careful when considering the concept. He also had concerns with the rental units generating additional calls for law enforcement. Hendrickson Agenda Page 13 inquired about green space for the daycare and Hansen replied the play area would be fenced in. She felt the quadraminiums are a good buffer to the neighborhood to the west. She wants to be sure that parking regulations are enforced. Cocking asked if there will be covenants put in place or if that makes it less marketable. Hansen felt they could control regulations through the lease agreements and the leases provide more control to correct issues. Cocking stated he is concerned about future owners and if the buildings become deteriorated and no longer fit with the vision plan. He was also concerned with removing a prime piece of land for commercial use. Even if the Council is on board with the concept, he sees that it could be a concern in the future. Hansen replied it is mostly long term holding companies that own these. He also indicated that market rate apartments require underground parking. Cocking inquired if there really is a demand for that type of housing and Hansen replied there most definitely is. He stated people are having a hard time finding apartments they find desirable. Surrounding cities have built a couple of recent buildings and they are at 100% occupancy. However, there isn't much in STMA and people want to live where there are good schools. He also stated that younger families don't want a traditional home and would rather not have maintenance to do. Hansen also felt the concept will help the local businesses. Other benefits include a larger tax base, park dedication and payment of SAC/WAC fees. He felt the concept is a good compromise with fulfilling housing needs and retain some commercial use on the site. Hendrickson stated that businesses have expressed their desire for more housing for their workers. Nafstad inquired if the city can influence the management style in the development agreement. Couri reported they may be able to but would need to be careful about violating any constitutional rights. Larson reported what they are seeing is that renters are renting by choice rather than necessity and they put amenities in to keep renters at the property. Nafstad stated he expects there to be many public comments from the neighborhood to the west. Cocking inquired about a buffer/barrier between the single family dwellings and the proposed concept. Hansen replied that there is an existing berm with trees and they could possibly add to that; he would not want to see it taken down in order to put in a fence. Halling inquired about the quality of materials, if it will be similar to the Cottages of Towne Lakes. Hansen replied that wood floors are not conducive to rental, but they could do marble countertops and similar exterior materials. Halling inquired about the green space and if there will be a pool. Hansen stated they would hope for a pool and most renters prefer an indoor pool. Hendrickson wanted to be sure there was adequate underground parking. Brixius stated the anticipated number of cars would be two per unit, with one underground stall and one outdoor stall. Hudson stated he was glad to see a concept for the lot as it has sat vacant for quite some time. The alternative is to let it stay vacant. Olson expressed concerns with having daycare parizing right along CSAH 19 in such a visible Agenda Page 14 location. He inquired if the playground could be switched to that location and parking in the back of the building. Hansen replied the business owner had concerns with a playground right next to a high traffic road, even though it will be fenced in. Dahlke stated the daycare provider was concerned about errant vehicles and also wants the front of the building to be visible as they have certain architecture used at their other location. He also reported there will be a garden area for the Montessori school. Olson suggested then removing a third row of parking to bring it down to two rows instead. Nafstad stated the importance of adequate play area and Hansen stated they will also have a gym type area in the building. Hendrickson inquired why the pond was so large and Dahlke stated that it is required. Council felt the Planning Commission should see the concept plan and see if they are supportive of it before making formal development application. Brixius stated it will be brought to the next Planning Commission meeting in May. 3. Cielo Property Uses Brixius reported staff received an inquiry about potentially allowing a cabinet shop as a light industrial use at the location. He stated it is currently zoned B3 and inquired if Council has any interest in allowing that use. Vetsch stated he was not opposed and would consider it. Cocking had some concerns as that is an entrance into a large neighborhood and if there would be odors, noises, etc. Bullen stated the building is already sprinkled. Nafstad reported staff has had a good number of inquiries on that lot for many types of uses. 4. LMC Conference, June 26-28 Nafstad inquired any of the Council was interested in attending. Halling was interested as well as Hendrickson but could only attend June 26-27. 5. LGN D.C. Fly -In, July 24-25 Cocking would like to see the I-94 Coalition take the lead on lobbying efforts and Nafstad replied 2019 is a transition year and hopefully that will be the case next year. Cocking felt July is not an appropriate time to go to D.C. and they should wait until September. Nafstad will get back to the group. 6. Adjournment Motioned by Hendrickson, seconded by Olson, to adjourn the meeting at 9:22 p.m. Ayes: Hendrickson, Cocking, Halling, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly A. Hodena, City Clerk Agenda Page 15 A\1bertville Mayor and Council Request for Action Smolt LWing. Big Ufs. May 2, 2019 SUBJECT: CONSENT - FINANCE— PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, May 6, 2019 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 ExpensesNendors (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 deten-nines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) P:ACity Council\Council Packet Information\2019\052019\2019-05-06 Finance Bills Report (RCA).docx Meeting Date: May 6, 2019 16 A\1bertville Mayor and Council Request for Action Smolt LWing. Big Ufs. May 16, 2019 SUBJECT: CONSENT - FINANCE— PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, May 20, 2019 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 ExpensesNendors (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 deten-nines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) P:ACity Council\Council Packet Information\2019\052019\2019-05-20 Finance Bills Report (RCA).docx Meeting Date: May 20, 2019 17 A\1bertville Mayor and Council Request for Action Smolt LWing. Big ufs. May 15, 2019 SUBJECT: CONSENT — CITY CLERK — KNIGHTS OF COLUMBUS AND ALBERTVILLE FOXTAILS SNOWMOBILE CLUB TEMPORARY LIQUOR LICENSES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve an Intoxicating Temporary On -Sale Liquor License for the Knights of Columbus Council #4174 and the Foxtails Snowmobile Club for June 7-9, 2019 for the 2019 Friendly City Days festival for a flat fee of $100 per organization for the event. BACKGROUND: The Knights of Columbus and Foxtailers Snowmobile Club have submitted applications for an Intoxication Temporary On -Sale Liquor License for the annual Albertville Friendly City Days (AFCD) festival. KEY ISSUES: The Knights of Columbus and Foxtailers have submitted the correct applications for the liquor licenses. They will submit the appropriate liquor liability coverage after license approval, but prior to the event. There will be four organizations serving liquor from June 6 to June 9. The Albertville Relief Association will be doing Craft Beer Tasting on June 6. The other three organizations will be serving June7-9. Normally the fee is $100 per day per licensee which would be $100 for the Relief Association and $300-400 for the other three organizations. The organizations are requesting that each organization pay a flat $100 fee per organization of the event. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person/Department: Kimberly Hodena, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Liquor License Application P:ACity Council\Council Packet Information\2019\052019\2019-05-20 AFCD Liquor Licenses.docx 18 Meeting Date May 20, 2019 MINm ESOTA NVPAPTMCNT OF VU91AC SAYFTY. 11 Name of orqanization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651 297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Address r -V� cb, l� Name of person makinq application Date(s) of event Date organized Tax exempt number City State Zip Code Minnesota Business phone Home phone M Type of organization -ff"? 0 Club PlCharitable 0 Religious other non-profit Organization officer's name . City State Zip Code �Ci Minnesota 15fF al Organization officer's name 5, Organization o icer's name IV VCi (e.—I L) Organization officer's pame Location where permit will be used. if an outdoor area, describe.) q �,- (� jj Pg,-r r City State Zip Code ->—t - //�� Minnesota City State Zip Code f Minnesota City State Zip Code Minnesota If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPROVAL / APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license g nt Date Fee Paid Date Approved Permit Date -- City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVAL$ WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITYICOUNTY TO AGE.TEMPORARYAPPLICATION STATE.MN.US Agenda Page 19 S (JlftaNrsO7P�C.�`�tthfBkT ¢� Pusstr�floskiiY` i Name of Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Date organized Tax exempt number Address _ City State fZip Code l Minnesota Name of person making application Business phone Nome phone ....... - Date(s) of event Type of organization — �-!---------------.._.-._ __---__—_i-, Club Charitable [-] Religious ,Jther non profit Organization officer's name City State Zip Code _ �Mlnnesota _ I Organization officer's name City State Zip Code Minnesota Organization officer's name City State _ Zip Code -- 5_'-'+TICIA _-(fi �rj Minnesota Organization officer's name City State Zip Code _—� ',Minnesota Location where pern)4 will be used. If an utdo f area, describe. k Qc `(Ie Ce"4-r-c4 i( .P,P k If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. 34 e o QkR_ (Se&t- d . lam' ce �o /► s c�oz If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Z4VSP-A,_) 1kV,5( _aAJ APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO Ai COHOL AND GAMBLING ENFORCEMENT f C ly of County approving the licems_ Fee Amount Date Fee Paid Date Approved ----Permi[llate------- �- City or County E.-rnai# Address — City or County Phone Nu-iiiber .. Signature City Cleric or County Uffcial Approved Director Alcohol and Gambling Enforcement i3iriq)'IL,", r,;rn'W;,.:ohui:!nii[: t7i€!yc;Ciii..'st•en('riDivkk,n'.::7tJ.,�, rJ('? ONE SUBMISSION' P R CNiAlt.., APPLICATION ONLY. f'l.r:t1`3C FSRCitIICtE: A ttflt.ID F.-i4�;i1. AIST�I3fiS5 Ft.3R �if-1F.. %"I-f'�'If:C}i_tI�1�Y 1tS l'�I.I.'f1=M('i)RI4k't' I'C:fdMl lI�r'I'kGk'iaL'.� 1jJit.I.. r�l: t;LP�T BACK VIA ENtAIL. !--NIAli. THE APPLICATION SIGNI D BY (AlWCOUNTY 1'0 AGE.T'PPYFC7RARYA;lS IL.)C:ATi N,a,51-A'i F.,fAN.U5 Agenda Page 20 A\1bertville Mayor and Council Request for Action Smolt LWing. Big Ufs. May 15, 2019 SUBJECT: CONSENT — CITY CLERK — AMERICAN LEGION POST 567 TEMPORARY ON -SALE INTOXICATING LIQUOR LICENSE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve an Intoxicating Temporary On -Sale Liquor License for the American Legion Post 567, DBA Liberty Restaurant Bar, for June 1, 2019 for a fundraising benefit for the Dehn family. BACKGROUND: American Legion Post 567 has submitted an application for an Intoxicating Temporary On -Sale Liquor License for the benefit. The event will take place at the St. Albert Parish Center located at l l 458 57th Street NE. KEY ISSUES: • The Legion has submitted the correct application for the liquor licenses. • They will submit the appropriate liquor liability coverage after license approval, but prior to the event. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person/Department: Kimberly Hodena, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Liquor License Application P:ACity Council\Council Packet Information\2019\052019\2019-05-20 Dehn Benefit Liquor License.docx 21 Meeting Date May 20, 2019 C.... DEPARTMENT OF PUBLIC SAFETY I Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE W mentor Oc4 L-)Lci n" ' 12c�,!vi ,>I Address - 'en ti Date organized Tax exempt number State Zip Cade IC rlL i M N `J 5 3 7 Name of person making application Business phone Home phone 'cam C \ DG hAl Date(s) of event Type of organization ❑ Microdistillery ❑ Small Brewer V CC7C1 �, Li — C tq ❑ Club 'Charitable ❑ Religious ❑ Other non-profit Organization officer' name City State Zip Code MN Organization officer's name City State Zip Code MN Organization officer's name City State Zip Code MN Organization officer's name City State Zip Code MN ication where permit will be used. If an outdoor area, describe. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. > > `cam ,4kA `�CS.� 4 ` tit x a 1 C-f. r`a+` 3 "IC'l as C-A- M\U -4_\-\ vx—yl ' 7 37U If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage, APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Fee Amount Date Fee Paid Date Ap ermit Date City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement ERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLI.CATIONccbSTATE.MN.US Agenda Page 22 NlS all T _IIj LM QVBjg' � �£ Mayor and Council Request for Action berty� May 15, 2019 SUBJECT: CONSENT- CITY CLERK- CHURCH OF ST. ALBERT LAWFUL GAMBLING PERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the Church of St. Albert Lawful Gambling Exempt Permit Application for the annual Parish Festival that will be held on September 15, 2019 at the St. Albert Parish Center. BACKGROUND: The Church of St. Albert has submitted a Lawful Gambling Permit for their Parish Festival in the fall. The Church of St. Albert is a non-profit, religious organization that holds fund-raising events throughout the year. Their application for lawful gambling will allow them to conduct bingo, raffles, paddlewheels, pull tabs, and tip boards at the festival. The Parish Festival will be held on September 15, 2019 at the St. Albert Parish Center, located at 11458 57th Street NE. KEY ISSUES: The Church of St. Albert is a qualifying non-profit organization. The Parish Festival is an annual fund-raising event for the church. The Minnesota Gambling Control Board ultimately issues this type of license, but requires City approval prior to issuing the license. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit. LEGAL CONSIDERATIONS: It is the City's policy to review and approve or deny gambling permit applications for gambling activity within the City. Responsible Person/Department: Kimberly A. Hodena, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Church of St. Albert Letter Application for Lawful Gambling Permit P:ACity Council\Council Packet Information\2019\052019\2019-05-20 St. Albert's Gambling Permitdocx Meeting Date: May 20, 2019 23 urch of St. Albert The Catholic Church In the Heart of Albertville 11400 57th Street NE I P O Box 127 1 Albertville, MN 55301 Phone: 763-497-2474 1 Fax: 763-497-7678 Email: stalbertmn@gmall.com I Website: www.churchofstalbert.org May 15, 2019 City of Albertville, Please place our application for an Exempt Permit to have lawful gambling at our Parish Festival, scheduled for September 15, 2019 on the agenda for approval at the next City Council meeting on Monday, May 20, 2019. If you have any questions, please contact Greg Gacioch, Business Administrator at 763-497-2474. Thank you. Agenda Page 24 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 11/17 Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application • conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the • awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $1.50. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: Church of St. Albert Permit Number: X-00752-18-012 Minnesota Tax ID Federal Employer ID Number, if any: 9270004 Number (FEIN), if any: 41-0850708 Mailing Address: 11400 57th Street NE - PO Box 127 City: Albertville State: MN zip: 55301 County: Wright Name of Chief Executive Officer (CEO); Father Peter M. Richards CEO Daytime Phone: 763-497-2474 CEO Email: stalbertmn@gmail.com (permit will be emailed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal 2] Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) See The Official Catholic Directory ❑ A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ❑ IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑ IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): St, Albert Parish Center Physical Address (do not use P.O. box): 11458 57th Street NE Check one: 0 City: Albertville zip: 55301 County: Wright Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): September 15 2019 Check each type of gambling activity that your organization will conduct: Bingo El Paddlewheels 7-1 � Pull -Tabs F 7vTipboards Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization autAtfshr�g prwwct ng0. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the ist of Lice sees tab, or call 651-539-1900. 11/17 LG220 Application for Exempt Permit Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). The application is denied. Print City Name: Signature of City Personnel: Title: Date: The city or county must sign before submitting application to the Gambling Control Board. COUNTY APPROVAL for a gambling premises located in a township he application is acknowledged with no waiting period. he application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days. ❑T'he application is denied. Print County Name: Signature of County Personnel: Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) Print Township Name: Signature of Township Officer: Title: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) Date: The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Boar ithin 30 days of the eve date. .- s+_ i Chief Executive Officer's Signature: �' / """ �� ��� Date: S --� (Signature must be CE0'A signs re; designee may not sign) Print Name: Fr. Peter M. Richards REQUIREMENTS I MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. Only one application is required if one or more raffle drawings are conducted on the same day. Financial report to be completed within 30 days after the gambling activity is done: A financial report form will be mailed with your permit. Complete and return the financial report form to the Gambling Control Board. Your organization must keep all exempt records and reports for 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). application fee (non-refundable). If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Make check payable to State of Minnesota. To: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call the Licensing Section of the Gambling Control Board at 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management & Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public, Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart - This form will be made available intr��iyg fqa� j(.eA�rge print, braille) upon request. An equal opportunity employer >,lb-crtville Soul Town uNng. W9 City We. Mayor and Council Request for Action May 16, 2019 SUBJECT: CONSENT - CITY CLERK— OFF -SITE GAMBLING PERMIT FOR STMA YOUTH HOCKEY ASSOCIATION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution 2019-023 approving an Off -Site Gambling Permit for the STMA Youth Hockey Association for Albertville Friendly City Days on June 8, 2019. BACKGROUND: The STMA Youth Hockey Association has submitted an application for an Off -Site Gambling Permit for Albertville Friendly City Days (AFCD), located at the St. Albert Parish Center, 11400 57th Street NE, on Saturday, June 8, 2019. This is a fundraising event for youth hockey program. KEY ISSUES: A resolution to approve the Off -Site Gambling Permit for the STMA Youth Hockey Association is attached. Local governing board approval is required prior to submitting the application to MN AGED. This is a permit for a one-time off premise event. The type of gambling to be conducted is bingo. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to either approve or deny any gambling license application received by the City. Responsible Person - Department: Kimberly A. Hodena, City Clerk Submitted Through: Adam Nafstad, City Administrator — PWD Attachments: Resolution 2019-023 LG230 Gambling Application P:\City Council\Council Packet Information\2019\052019\2019-05-20 STMA YHA Off Premise Gambling.docx Meeting Date: May 20, 2019 27 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2019-023 A RESOLUTION APPROVING AN OFF -SITE GAMBLING PERMIT FOR THE STMA YOUTH HOCKEY ASSOCIATION TO CONDUCT OFF -SITE GAMBLING WHEREAS, the STMA Youth Hockey Association has submitted an application for an Off -Site Gambling Permit to conduct lawful gambling activities within the City of Albertville, Minnesota, and, WHEREAS, the purpose of the lawful gambling is fundraising for the youth hockey program, and, WHEREAS, the lawful gambling will be bingo on June 8, 2019 at the St. Albert Parish Center, located at 11458 57th Street NE, in Albertville, MN and, WHEREAS, the STMA Youth Hockey Association intends to comply with all lawful gambling rules and reporting requirements of the State of Minnesota and the City of Albertville, and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Albertville that the Off -Site Gambling Permit for the STMA Youth Hockey Association is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Albertville City Council this 201h day of May, 2019. ATTEST: Kimberly A. Hodena, City Clerk Jillian Hendrickson, Mayor Agenda Page 28 MINNESOTA LAWFUL GAMBLING 6/15 Page 1 of 2 LG230 Application to Conduct Off -Site Gambling No Fee ORGANIZATION INFORMATION Organization Name: STMA YOUTH HOCKEY ASSOCIATION License Number: 03888 Address: PO BOX 134 City: ST. MICHAEL MN , MN Zip: 55376 Chief Executive Officer (CEO) Name: KARL ANDERSON Daytime Phone: Gambling Manager Name: MONICA POTTER Daytime Phone: GAMBLING ACTIVITY Twelve off -site events are allowed each calendar year not to exceed a total of 36 days. From 6 18 / 19 to _6./, 8 / 19 Check the type of games that will be conducted: ElRaffle Pull -Tabs Bingo F]Tipboards El Paddlewheel GAMBLING PREMISES Name of location where gambling activity will be conducted: ST. ALBERT PARISH CENTER Street address and City (or township): 11400 57TH ST NE, ALBERTVILLE zip: 55301 County: WRIGHT • Do not use a post office box. • If no street address, write in road designations (example: 3 miles east of Hwy. 63 on County Road 42). Does your organization own the gambling premises? .ElYes If yes, a lease is not required. EI]No If no, the lease agreement below must be completed, and signed by the lessor. LEASE AGREEMENT FOR OFF -SITE ACTIVITY (a lease agreement is not required for raffles) Rent to be paid for the leased area: $D (if none, write "0") All obligations and agreements between the organization and the lessor are listed below or attached. + Any attachments must be dated and signed by both the lessor and lessee. • This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful gambling activities. • Other terms, if any: * LIABILITY INSURANCE WILL BE PAID AND PROVIDED BY THE ALBERTVILLE FRIENDLY DAYS —� - — - COMMITTEE. CHURCH OF ST. ALBERT IS ONLY PROVIDING SPACE AND HAS NO INVOLVEMENT WITH OPERATION OF BINGO GAMES. Lessor's Signature: Date: "rL3. Print Lessor's Name: �V%840vlcl�4t� o�_� SI+i�' S 1 idik",PZ VAUV- CONTINUE TO PAGE 2 04vWINuca ruauC &;u LG230 Application to Conduct Off -Site Gambling 6/15 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises locatedwithin city limits located in a township I City Name: r County Name: Date Approved by City Council: �Z��� % Date Approved by County Board: Resolution Number: Resolution Number: (If none, attach meeting minutes.) (If none, attach meeting minutes.) Signature of City Personnel: Signature of County Personnel: Title: Date Signed: Title: Date Signed: TOWNSHIP NAME: Complete below only if required by the county. Local unit of government On behalf of the township, I acknowledge that the organization is must Sign. applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title: Date Signed: CHIEF EXECUTIVE OFFICER (CEO) ACKNOWLEDGMENT The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board. If the CEO has changed and the current CEO has not filed a LG200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, and all information is true, accurate, and complete and, if applicable, agree to the lease terms as stated in this application. nature of CEO (must be CE gnature; designee may not sign) Date Mail or fax to: No attachments required. Minnesota Gambling Control Board Suite 300 South Questions? Contact a Licensing Specialist at 651 539-1900. 1711 West County Road B Roseville, MN 55113 Fax: 651-639-4032 This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form (and any If the Board does not issue a permit, all information provided remains attachments) will be used by the Gambling Control Board (Board) to private, with the exception of your organization's name and address which determine your organization's qualifications to be involved in lawful will remain public. gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply Private data about your organization are available to: Board members, this information, the Board may not be able to determine your Board staff whose work requires access to the information; Minnesota's organization's qualifications and, as a consequence, may refuse to issue a Department of Public Safety; Attorney General; commissioners of permit. If your organization supplies the information requested, the Board Administration, Minnesota Management & Budget, and Revenue; will be able to process your organization's application. Legislative Auditor; national and International gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies Your organization's name and address will be public information when specifically authorized by state or federal law to have access to the received by the Board. All other information provided will be private data information; individuals and agencies for which law or legal order about your organization until the Board Issues the permit. When the authorizes a new use or sharing of information after this notice was given; Board issues the permit, all information provided will become public. and anyone with your written consent. An AgemlatPaqwr30 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4150 Olen�����orial Telephone: 763.957.1100 MEMORANDUM: TO: Adam Nafstad FROM: Alan Brixius DATE: May 16, 2019 RE: Planner's Update FILE NO: 163.05 General CURRENT PROJECTS: Strangler property - 6737 LeBeaux Avenue. Ste. 320, golden Valley, MN 55422 Website: www.nacplanning.com Mr. Randy Stangler has submitted an application to rezone his property located at 6737 LaBeaux Avenue from B-2A, Special Business District to a PUD / B-2A. The property exists in a nonconforming condition and has present problems related to tenant mix, land use, site conditions and building code issues due to the age and condition of the building. The current B-2A Special Business District limits the available uses for building. The change of zoning is an effort to redefine the use of the site and to clean up a number of conditions and site violations. When this property was brought into the city it contained an industrial use. The original zoning was 1-1 up to 1996. The light Industrial zoning was reflective of the historic use of the building. This zoning changed to B-3, Highway Commercial in 1996. With the development of the Shoppes at Towne Lakes east of CR 19; the commercially guided properties north of 1-94 were then rezoned to the B-2A district in 2002. The former zoning districts of 1-1 and B-3 for the property had lesser performance standards and a broader range of permitted uses than the current B-2A, Special Business District. Due to the building's nonconforming status introduction of tenants into the building has been troublesome do to the lack of fire suppression within the building, illegal outdoor storage, non -permitted uses and undefined parking and loading areas. The property owner of wishes to bring PS Deck Inc. as a tenant into the site. They are a small Agenda Page 31 cabinet finishing company, with limited number of employees and low intensity industrial use. As an industrial use they are not permitted to be in a B-2A district. Staff working with the property owner has outlined an option of for rezoning the site from a B-2A to a PUD / B-2A to create a zoning district specific to this property. Through the PUD/ B-2A the city may expand the allowed uses for the property to include the current B-2A district uses but could also be expanded to include limited light industrial uses / warehousing with conditions to insure their compatibility with future commercial development and to clean up current conditions on the site. In the past, the city has conducted similar zoning change (Federated Coop and Particle Control) recognizing their historical uses and allowing some flexibility in their continued use until the site becomes ripe for redevelopment. This application has been reviewed by the planning commission at their May 14t" meeting and will be brought to council on June 3rd Huering Meadows High Density Residential Concept. As directed by Council, VHF Investments LLC presented their 2019 concept plan for the development of the site at the northwest quadrant of the C.R. 19 and 53rd street intersection as a combination of high density apartments, quadraminiums and townhomes and a site for a commercial day care. Through the discussion the planning commission was polled for their opinion of the project and under what conditions this should an application proceed ahead. The majority of the planning commissioners opined that the proposed market rate rental with high amenities is lacking within the city. They would be favorable to the project pending the following items: 1. The completion of the traffic study that identifies the traffic generation, traffic distribution from the site, and need street and intersection improvements. The traffic study must demonstrate that the project will not create traffic congestion, safety issues that cannot be mitigated through site design or street improvements. The impact of traffic on the surrounding neighborhoods will influence their opinion of the project housing type and density. 2. The project must outline the housing amenities that will distinguish this housing project in quality and design from other rental housing in the area. The proposal is present as higher quality housing options; the applicant must define this through a list of amenities for the site, building and individual rental units. 3. The planning commission also request more information on the property management and the tenant vetting process. The minority opinion believes that the density in too high of the entire site. The quadraminiums should be twinhomes to provide a better land use transition between the E Agenda Page 32 apartments and the single family neighborhoods. The traffic generation from the project will negatively impact the surrounding neighborhoods. Federated Coop Federated Coop, has met with City Staff to discuss the options for adding another 10,000 gallon fuel tank to their previous approved fuel tank storage area. This tank is intended to contain gasoline. In review of the request Building and Fire raised concern with regard the location and proximity to adjoining land use for an above ground gasoline storage tank. The gasoline is highly flammable and explosive and the tanks location at the center of the city presents concerns for public safety. City Staff indicated that to allow the tank will require an amendment to their current Planned Unit development that would require a public hearing by the planning commission and subsequent approval by the City Council. Staff indicated that the city will require as part of the PUD amendment application a study from fire protection specialist that identifies the potential risk of the tank and means for mitigating the risks. Our Meeting with the Coop was in March. We have attempted to contact Ken Obrien of the Coop to determine if they are going to pursue this project and if they have undertaken the needed fire protection study. As of the time of this report we have not heard back from Mr. Obrien. Psyk Property At the May 21, 2019 Staff meeting, we will be meeting with Trinity Development to discuss the residential development of the Psyk property along 50t" street. St. Albert Church At the May 21, 2019 Staff meeting, we will be meeting with D.J. Kranz Co. to discuss the potential expansion of St. Albert Church. Lenz Property We have received a phone call from a Mr. Russ Winslow, who interested in purchasing the Lenz property at the northeast corner of Barthel Industrial Drive and 50t" Street. In our discussion, I outlined the zoning and subdivision regulations applicable to this site. I then invited him to make an appointment to meet with staff at our regular staff meeting to allow the entire staff to assist him in outlining the parameters of a future project (i.e. street access, site utilities, drainage and grading, subdivision options, zoning standards, etc.) 3 Agenda Page 33 A,lbertvill£ Sine. Town llWny. ft Chy Ills. Mayor and Council Communication May 16, 2019 SUBJECT: PLANNING - NORTHEAST ALBERTVILLE TRAILS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: No action required. The following communication outlines the trail planning for Northeastern Albertville per the adopted 2011 Albertville trails plan. BACKGROUND: In 2011, the city of Albertville received a grant from Live Wright, a program of Wright County Human Services. The grant was distributed with the intent of facilitating community improvements to promote healthy lifestyles. Albertville used their grant in the development of the city wide trail plan. KEY ISSUES: 1) The first step in the trail plan was issue identification. Identifying, physical barriers, destinations in the city and desirable trail routes. 2) The trail plan outlined trail definition and design polices for development of the city wide trail system (On -Street Trails, Grade Separated Trails / Sidewalks, and Overland Trails). 3) The trail plan then identified existing trail /sidewalks and laid out the routes for future trails. 4) For Northeastern Albertville the following trail and sidewalk recommendations are offered. • Sidewalks: Sidewalks have been required along all local streets in Town Lakes, Shoppes of Towne Lakes, and Hunter Pass. The sidewalks intended to segregate pedestrian traffic from on -street traffic. On local streets bicycle traffic shares the local street. • Overland Trails have been developed in Town Lake through the public parks and accessing the common open spaces that are within the Town Lake Subdivision. The Trail plan proposes additional overland trails along the eastern shoreline of Hunters Lake. The City has control of this trail corridor through the Hunters Pass outlots dedicated to the city, the city compost site, the city waste treatment site and properties purchased for the storm water retention for the I-94 expansion. This overland trail corridor will provide a natural trail setting along the lake. • Grade Separated trails are proposed along CR. 19, 70th street, portions of McIver and CR. 37 and Mackenzie Avenue. These trails will follow the major arterial and collector streets, but will be grade separated from the roadway. The trail design and width is intended to accommodate both bicyclist and pedestrian. P:\City Council\Council Packet Information\2019\052019\North east Albertville trails.docx Meeting Date: May 20, 2019 34 Mayor and Council Communication — May 20, 2019 Albertville Trail Plan — Northeast Albertville. Page 2of 2 • Bicycle and pedestrian improvements are identified for freeway crossing as both CR. 39 and under I-94 at the CR. 19. 5) Implementation of the trail plan is as follows: • Sidewalks and trail segments within a subdivision is the responsibility of the developer. • The C.R. 19 trails are included in the plans for upgrade of this street corridor. • 70t1' Street is include in the County plans to make this street County Road 38 • McIver, Mackenzie and CR. 37 have not been schedule for improvement. The City will likely bare the cost of trail development along these streets. The City will need to determine the timing a priority for these trail segments. • The Overland Trail segment will be a city project. The corridor is available; the timing of any improvement is depended on City deterinination. 6) The trail plan for the northeast Albertville creates a hierarchy of trails and sidewalks intend address both the transportation and recreational needs of the residents. In this regard, the trails provide connections to major destinations within the city, but also provide comfortable circuits for the recreational walker or bicyclist. POLICY/PRACTICES CONSIDERATIONS: The 2011 Trails plan was adopted as part of the City's Comprehensive plan. It has been City practice to include trails and sidewalk improvement as part of city street improvements. On larger County Road projects the City has financed the inclusion of trails along these major travel routes. Trail segments not linked to a street improvement will need to be evaluated and prioritize by the City Council and incorporated into its Capital Improvement Planning and Budget. FINANCIAL CONSIDERATIONS: The implementation of the trail plan will be evaluated with the City's Capital Improvement Planning. Individual trail segments will prioritize and funded based on the City Budgeting process. LEGAL CONSIDERATIONS: The Trail plan is part of the City's Comprehensive Plan. In its adoption the city has made it a working document for the city. Department/Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: 2011 Trail Plan Issue map. 2011 Park and Trail map - existing and proposed parks and trails. P:\City Council\Council Packet Information\2019\052019\North east Albertville trails.docx Meeting Date: May 20, 2019 35 All'.00, MAC Table of Contents Introduction........................................................................................ 1 Issues and Opportunities....................................................................... 2 Resident Perceptions................................................................. 2 Inventory Issues....................................................................... 4 Park and Trail Planning History............................................................... 8 TrailsPlan................................................................................................ 12 Arterial and Collector Streets....................................................... 14 Minor Collectors/Local Streets ..................................................... 17 OverlandTrails......................................................................... 19 Implementation................................................................................... 22 Implementation Strategies.......................................................... 22 Funding Mechanisms................................................................. 23 List of Maps: IssuesMap........................................................................................ 7 2011 Park and Trail Plan....................................................................... 13 Five Year Street Improvement Plan ......................................................... 24 City of Albertville Trail System Plan Agenda Page 37 Introduction The City of Albertville Trails Plan is intended to set forth a vision of a fully developed trail and sidewalk system. The vision is based on the promotion of biking and walking within the community to access local destinations, interconnect neighborhoods, and to encourage exercise and healthy lifestyles. The objective of this plan is to identify trail and sidewalk needs, improvements and missing segments and outline both process and strategies for prioritizing, managing and funding these projects within the City's capital improvement plans. This plan is being funded through a grant received from LiveWright, a program of Wright County Human Services, distributing the proceeds of a grant from the Statewide Health Improvement Program (SHIP), a program of the State of Minnesota. The grants were distributed with the intent of facilitating improvements to "healthy lifestyles." For Albertville, the grant funds are helping the community focus on opportunities to provide and enhance its trail system. The Albertville trails system serves both a recreational and transportation function. In this regard, the Trail System Plan must be coordinated with City transportation planning, street conditions inventory, and five year street improvement plan. This will allow the City to integrate trail and sidewalk planning and improvements within its existing system of street repair. With all future street improvements, the City will examine the street from right-of-way line to right-of-way line for a systematic approach to street and sidewalk repair or improvements. Through the proactive implementation of the plan strategies, the City of Albertville will be able to establish a high -quality, comprehensive network of trails and sidewalks that contribute to the quality of life within the community, promote healthy lifestyles, and preserve and enhance the community's overall identity. City of Albertville Trail System Plan Page 1 Agenda Page 38 Issues and Opportunities The following issues and opportunities were identified through staff review and interviews, and public outreach in the form of an open house and a Town Hall meeting. RESIDENT PERCEPTIONS Through an open house and a community Town Hall meeting, residents were very complimentary of the City's trail and sidewalk system. The following observations were offered by Albertville residents: The trails and sidewalks contributed to the neighborhood aesthetics and value. 2. The most frequent concern related to the trail and sidewalk system is safe pedestrian and bicycle crossing of major streets (County Roads 18 and 19). 3. The on -street trail on Barthel Industrial Drive is uncomfortable for families with children in that the pedestrians and bicyclists share the street surface with large industrial trucks. 4. Residents in western Albertville would like a more direct sidewalk or trail corridor link to the new High School for their children. Currently, the Cedar Creek Golf Course, wetlands, drainage ditch, and County Road 18 are obstacles that must be planned around to make this trail connection. City of Albertville Trail System Plan Page 2 Agenda Page 39 Issues and Opportunities 5. Most residents express the need for a complete off-street trail along County Road 18 to connect the High School trail with the City's trail system along County Road 18. 6. Residents in the Hunter's Pass and Towne Lakes subdivisions expressed the desire for trail connections between the two neighborhoods, along the north side of Hunter's Lake. 7. Neighborhoods north of 1-94 expressed the desire for trails and safe crossing of the interstate freeway to give them access into the balance of the community. 8. There is a desire for more scenic overland trails. City of Albertville Trail System Plan Page 3 Agenda Page 40 Issues and Opportunities INVENTORY ISSUES 1. Some of the western neighborhoods (Cedar Creek, Parkside 3rd, Center Oaks) have eight foot bituminous trails in their front yards. These bituminous trails show signs of deterioration and patched and inconsistent surfaces when compared to sidewalks in adjoining neighborhoods. To improve the neighborhood appearances, establish continuity between neighborhoods and reduce maintenance time, it is suggested that these bituminous trails systematically be replaced with five foot concrete sidewalk. 2. Some of the trail segments in the Parkside 3rd Addition neighborhood are in very poor condition and need repair or replacement. 3. The improvements to the 1-94 interchanges must include trails for pedestrians and bicyclists. City of Albertville Trail System Plan Page 4 Agenda Page 41 Issues and Opportunities 4. The most pressing, immediate needed trail segment is the extension of the trail along the south side of County Road 18, between Kahl Avenue and the new High School. 5. The City is divided by a number of physical barriers that will influence location and design of trails and sidewalks. These physical barriers include Interstate 94, railroad tracks, community lakes and wetlands, County roads, and the Cedar Creek Golf Course. These barriers define locations for trails and dictate locations for street crossing and trail connections. 6. The City has had a long history of sidewalk and trail development as evidenced by the existing trails. Trail system development has not always been contiguous and consistent in design. a. Some older neighborhoods along both the east and west sides of Main Avenue are without sidewalks. This requires pedestrians and bicyclists to share the local streets with automobiles. b. Neighborhoods west of County Road 19 have a fairly complete sidewalk and trail network. However, this network is a mix of eight foot bituminous and five foot sidewalks. The eight foot bituminous trails exhibit a faster rate of deterioration (i.e., broken pavement, patches, uneven travel surfaces) than the nearby concrete sidewalks. Additionally, the eight foot trail running through the front yards of the single family homes do not maintain the same quality appearance as the concrete sidewalks. It is suggested that the eight foot bituminous trails in these neighborhoods be replaced with five foot concrete sidewalks. City of Albertville Trail System Plan Page 5 Agenda Page 42 Issues and Opportunities C. The City has been reliant on new development to install new sidewalks and trails. In some cases, the new developments did not include the entire trail corridor, resulting in incomplete trails or sidewalks. In other cases, developments have not been completed due to the downturn in the economy and the result is an unfinished street and sidewalk system. The following incomplete trail segments are reflective of this condition: Location County Road 18 Main Avenue (west side) 53rd Street Kassel Avenue Towne Lakes/Hunter's Pass Trail Segment Kahl Avenue to new High School 53rd Street to 50t" Street County Road 19 to Lachman Avenue 49t" Street to County Road 18 Street/sidewalk connection between the subdivisions 7. Residents expressed a desire for some scenic overland trails. In review of the City, some opportunities exist for overland trails. These locations include: a. At the east end of Cedar Creek Golf Course, trail connections are provided to Kahler Drive. This location may offer a short cut route to the High School for residents in the neighborhoods north of the golf course. The corridor, however, is characterized by low areas, wetlands, and seasonal flooding that must be considered in trail planning in this area. b. In eastern Albertville, there may be an opportunity for an overland trail that parallels the railroad tracks from Barthel Drive to Large Avenue. A parcel containing a large wetland lies north of the railroad tracks at this location. The south side of the property consists of uplands that could support an overland trail. This trail corridor could remove pedestrians and bicyclists from a portion of Barthel Drive which is a busy industrial street. C. The south and east side of Hunter's Lake offers opportunity for an overland trail. The City owns most of this property. The introduction of a natural overland trail in this 8. The City has been reliant on new development for the installation of new trails and its park dedication fund or street fund for sidewalks or trail reconstruction. With the development slow down, the City has not received any substantial revenue to the park dedication fund. Under the current economy, cuts in State aid, expenses related to the 1-94/County Road 19 interchange, street repairs and other City operations, the funding of trail and sidewalks projects will become more difficult, particularly for larger improvement projects. In undertaking this study, we hope to identify short term solutions to address immediate needs as well as long range strategies that will continue to give attention to community trail and sidewalk needs, while recognizing the City's current financial situation. City of Albertville Trail System Plan Page 6 Agenda Page 43 c { « \ M 0 \ \ ) » / % Q ƒ i06 -Ile $ ] \/; \\\ ( . \ ) \ \ � � � I Q$ 0 0 d 7_)/ \\ a\ rz0 a } / } 0 §\§ � / / N � ' � � e � % % Lu Park and Trail Planning History The City of Albertville has a fairly extensive in -place trail and sidewalk system. The City established the requirement for trails and sidewalks early in its development history. As such, the new residential and commercial developments have in -place trail and sidewalk systems. In 1997, Albertville adopted its first Comprehensive Park and Trail System Plan that identified the following purpose and design policies related to trails and sidewalks: Trail Facility Purpose and Design Policies Establish trail facilities which provide recreational as well as functional uses. 2. Establish trail corridors that minimize stop signs, cross traffic, and mixing with other modes of transportation. 3. The types of trails to be used as the basis of planning and development are as follows: a. On -Street Trails/Paved Shoulders: These trails share the same paved surface as the roadway that they follow. They are designed for multiple uses and may be located o one or both sides of the street. b. Grade -Separated Trails/Sidewalks. These trail segments are separated from the adjacent roadway by a strip of land/plantings or physical structure (preferably not less than five feet wide). They are designed for the integration of a variety of compatible non -motorized trail uses including pedestrians, bicycles, skateboards, roller skates or in -line skates. They shall generally follow street rights -of -way, but may be set back varying distances from a road for aesthetic, safety, maintenance, or snow storage reasons depending upon the classification of roadway with which they are associated (traffic volumes, speed, etc.). C. Overland Trails/Linear Parks: These trail segments shall provide a standard trail width within a significantly wider right-of-way and shall be located away from street corridors, not typically parallel to the street surface. They should be designed to incorporate vegetation, seating, picnic areas, and playgrounds or other supporting site elements and may serve a dual purpose as a buffer strip or separated bikeway. Abandoned railroad rights -of -way and many utility easements fall into this category. 4. All trails located along arterial and major collector streets should be a minimum of ten feet wide. 5. All trails located on or along local or minor collector streets should be a minimum of eight feet wide for two-way traffic (one side of the street) or six feet wide on both sides of the street for one-way traffic, although lesser widths may be City of Albertville Trail System Plan Page 8 Agenda Page 45 Park and Trail Planning History necessary in established residential areas where space is limited. In no case, shall a trail be installed at less than a four foot width. 6. In cases where trails lie adjacent to new residential development or are not located within public rights -of -way, a minimum corridor size of 30 feet shall be provided which, in addition to the required trail, may be used for the establishment of vegetative screening or accessory park/trail elements. Distances to existing homes may be less in cases where space is tight. 7. The required 30 foot corridor shall be dedicated as parkland in residential areas or in special cases, an easement may be established provided lot depths are increased to accommodate the width of the corridor. Within commercial and industrial areas, an easement will be required, but the establishment of such will not necessitate a change in the required lot size or setback requirements. 8. In residential areas (local streets only), on -street trails may be unmarked, paved with a stripe, or identified by a sign. On -street trails associated with collector or arterial streets are not desired for long term use, however, where necessary they should always have a specially marked shoulder area and/or be sign identified. 9. It shall be the City's responsibility to implement new trails in existing neighborhoods or to redevelop insufficient facilities where necessary over time. 10. Trails shall be constructed according to the standards established in the City's Standard Detail Plates document dated September 12, 1996 or as otherwise specified by the City Engineer. 11. Developers who wish to subdivide land which includes designated new trail corridors in the comprehensive system plan will be required to dedicate and construct trails in the location and manner approved by the City Council. Those landowners who abut areas designated for trails will be required to plan for and accommodate such in the event that development/subdivision of their property occurs. 12. The longitudinal slope of trails along their length should not exceed five percent to be considered handicapped accessible and eight to ten percent in areas where access would otherwise be limited. 13. The cross sectional slope of trails shall not exceed two percent and shall be convex (raised to slope toward each side) or sloped in one direction to allow for proper drainage. 14. Lines of sight should be considered when planning trail development both for aesthetic reasons as well as for safety. Unobstructed forward and rear views should be provided for each type of user: 50 feet for pedestrians and 150 feet for bicyclists and skaters. City of Albertville Trail System Plan Page 9 Agenda Page 46 Park and Trail Planning History 15. Unless safety factors prohibit such, the City shall promote the establishment of trails through all areas of the City and among all land use types according to the intent of the system plan associated herewith. 16. It is the intent of the City that all trails be paved with bituminous or concrete surfacing in the long term, however, interim trail surfaces of vegetative ground cover, gravel, stone or wood chips may be necessary in some areas as dictated by available monies. Unless otherwise approved by the City Council, all trails shall be paved. Ordinance Standards Following the adoption of the Comprehensive Park and Trail Plan, the City also updated its Subdivision Regulations to make the suggested design guidelines as ordinance standards. The subdivision amendment also included the following trail location and width standards of Section 11-7-8-1: 2. Trail Widths: a. The following paved trail widths shall be required (exclusive of dedicated corridor or easement area within which the paved trail is located): Street Arterial 10 foot trail on 1 or both sides of street as required Malor Collector Minor Collector Local 8 foot trail on 1 side of street or as required 10 foot trail on 1 or both sides of street as required 8 foot trail on 1 side or 6 foot trail on both sides of street CSAH 19 X CSAH 37 X CSAH 35 west of Main X County Highway 118 X Main Avenue X CSAH 35 east of Main X 53rd/57th Streets X Kalland Avenue X Barthel Drive X 70th Street X All other streets X b. Lesser widths may be necessary in established residential areas and where space is limited. In no case shall a trail/sidewalk be installed at less than a four foot (4') width. C. Sidewalk design and width standards shall be in accordance with the sidewalk policy established by resolution of the City Council. City of Albertville Trail System Plan Page 10 Agenda Page 47 Park and Trail Planning History In examining the application of these standards within the City, 14 years after their adoption, the following comments are offered: The arterial and major collector standards have been effective in creating a City- wide trail system framework. In most cases, trails on one side of these streets have been provided. Some of the issues that arise include: Incomplete trail segments. Safe pedestrian crossings at major street intersections. In some cases, the trail shifts from one side of the street to the other side along the same corridor (County Road 18/50t" Street). As the community continues to build out and adjoining communities grow, adding traffic to Albertville's arterial and major collector street system, trails on both sides of these major roadways will become necessary to insure safe pedestrian and bicycle movements through the community. 2. Examination of the minor collector and local street standards reveals that developers most frequently select the less expensive alternative to satisfy this standard, constructing a single eight foot wide trail on one side of the street. In reviewing this practice with the Public Works Department, the following issues were raised: The eight foot wide trail occupies the front yards of single family neighborhoods. The size and appearance of the bituminous trail is less aesthetically appealing when compared to adjoining neighborhoods with concrete sidewalks. The bituminous surfacing of the eight foot trails deteriorates much more rapidly than the concrete sidewalk, resulting in broken pavement, patching, and uneven travel surfaces. The bituminous trails require more City maintenance than concrete sidewalks. Public Works would recommend that the City move away from requiring eight foot bituminous trails in favor of requiring five foot concrete sidewalks on one side of minor collectors and local streets. They would also recommend systematically removing the existing eight foot bituminous trails along residential streets and replacing them with five concrete sidewalks. To implement this policy, the Subdivision Regulations will need to be amended. City of Albertville Trail System Plan Page 11 Agenda Page 48 Trails Plan The Proposed Trail System Map defines a comprehensive system of trails, sidewalks and street shoulders intended to promote walking and biking for both transportation and recreation. The following trails plan builds on the City's existing system of trails and sidewalks. The system identifies future desired trail improvements based on the following criteria: • Dedication. Trails along streets fall within the street rights -of -way. In this respect, all future right-of-way dedications shall be wide enough to include trails, when necessitated by the Trail System Plan. Trails outside of rights -of -way shall be platted in outlots or placed in easements at the discretion of the City Engineer in terms of size to allow for easy maintenance and access. When planning for trails within existing street rights -of -way, the City will investigate a variety of options such as separated off-street trails, trails or sidewalks behind the curb, or on -street shoulders or bike lanes to provide for pedestrian and bicyclist needs in a safe and cost effective manner. • Safety. When placing trails in a right-of-way, the trail shall be constructed off- street with grade separation, whenever possible, to maximize safe use. Where physical separation is not possible, the City will investigate alternative options to provide safe and comfortable use of the City's trail or sidewalk system. • Minimize Costs. In an effort to minimize construction costs, trails, where designated may be constructed in conjunction with State, County, and City street improvements. Developers may be expected to install trails at the time of street construction. As part of the City's street maintenance plans, the City will evaluate pedestrian needs with all reconstruction projects. • Connectivity. Trails shall be placed in subdivisions to serve the City's intent of connecting amenities and resources. This connection shall be done in an efficient manner providing as direct of a connection as feasible. The City expects the trail system to connect residences to parks, open spaces, and businesses. Businesses should develop site amenities to encourage trail use. With the slowdown in housing construction, Albertville has a number of incomplete and isolated neighborhoods that do not have trail connections that link them to the larger park and trail system. Permanent trail and sidewalk connections are planned to be provided with the future build out of these subdivisions. In the interim, the City will investigate temporary trail easements and wood chip trails to connect isolated neighborhoods to the City's paved trail system. • Coordination. The City will coordinate with other governmental units to provide trail resources when opportunities arise. • Signage. The City hopes to promote the use of the trail system and encourage residents to walk for both recreation and transportation. In this respect, the City will provide signage at significant intersections that identify the City streets. City of Albertville Trail System Plan Page 12 Agenda Page 49 Trails Plan The 2011 Park and Trail Plan Map depicts three types of trail corridors intended to work with the street cross section. ARTERIAL AND MAJOR COLLECTOR STREETS The arterial and major collector streets in Albertville include County Roads 18, 19, and 37, 50t" Street, 70t" Street, Main Avenue, and MacKenzie Avenue. These higher functional classification streets are the major traffic carriers through Albertville. While the street corridors provide the most direct routes to the City's prime destinations (i.e., shopping, schools, parks, City Hall, and other communities), they also serve as physical barriers that divide the community. Abk In planning a trail system in conjunction with their higher functional classification streets, the plan parallels the roadway with grade separated trails that direct pedestrians and bicyclists to controlled intersections with marked crosswalks. The Albertville Subdivision Regulations require a 10 foot grade separated trail along one or both sides of arterial and major collector streets. City of Albertville Trail System Plan Page 14 Agenda Page 51 Trails Plan 4 4 R—yare (3P'-50'ryp•r Newt l) 8'-ID'Pothwily SdWtndablewidth) PW-" iOpdonal on both Skies of the sleet] 1 4,V W ftm or way (tyPkW wicm W - isog I11u t ation — not to state Arterial and Collector Streets Primary Pathway — Parallel to major roadway in urban Iocation - Public maintenance - 8' — 10' asphalt - Concrete used in some areas Arterial and Major Street Collector Street Recommendations The Proposed Trail System Plan recommends trails on both sides of County Road 19. This recommendation is reflective of traffic volumes and speeds on the street. It also support the City's long range land use plan which recommends commercial land uses along County Road 19 from 50th Street to 70th Street. Trails on both sides of this corridor will reduce the need for street crossing, provide for pedestrian or bicycle access to local retails, and connect isolated areas of the City to the community's local destinations. City of Albertville Trail System Plan Page 15 Agenda Page 52 Trails Plan 2. The other arterials and major collector streets may be adequately served with trails or sidewalks on one side of the roadway, however as the community continues to build out, the City should reassess these corridors to determine if additional trails are required. In examining the City's arterial and major collector street system, the following trail segments are required: 3. Roadway Trail Seqment County Road 18 Kahl Avenue to new High School County Road 18 Main Avenue to County Road 19 (north side) County Road 37 64th Street to western City boundary County Road 37 Large Avenue to eastern City boundary Main Avenue Sidewalk and 53rd Street to 50th Street Most of these trail improvements will require the involvement of the County Highway Department. Trail improvements will need to be coordinated with new development along these segments or County highway improvements. The County Road 18 trail connection to the High School campus has been identified by community residents as a pressing need to insure safe travel for children walking or biking to school. In addressing this needed trail improvement, the City will also need to evaluate County Road 18 crossing and provide the needed appropriate crosswalks. Residents expressed concerns regarding safe pedestrian crossing at the City's major intersections (County Road 18/County Road 37 and County Road 19/57th Street). The crosswalk must have a safe design including marked crosswalks, appropriate signage, and/or signalization that affords the pedestrian -A II.J sufficient comfortable time to move through the intersection. Other intersections identified for improved crosswalks include: a. MacKenzie Avenue/County Road 37 b. Barthel Drive/50th Street C. Main Avenue/50th Street City of Albertville Trail System Plan Page 16 Agenda Page 53 Trails Plan 4. With future improvements to 1-94 interchanges, pedestrian and bicyclist considerations must be included in the improvement designs. Segregated trails or sidewalks are needed to accommodate safe passage across the interstate. These trail corridors are needed to connect isolated neighborhoods in northern Albertville with the balance of the community. This will also encourage residents of neighboring cities to travel into Albertville and patronize the City's local businesses. MINOR COLLECTORS / LOCAL STREETS Minor collectors and local streets are generally residential streets providing direct access to individual homes or apartments. Minor collector streets (Karston Avenue, 57tn Street, 53rd Street) pass through a number of neighborhoods, channeling local traffic to the City's major collector and arterial street system. Local streets serve the individual lots and are typically characterized by low traffic volumes and low traffic speeds. The following concept illustrates the proposed street and sidewalk cross section for minor collector and local streets. This cross section moves away from the City's current subdivision standards of an eight foot trail on one side of the street or six foot trails on both sides of the street. This concept plan recommends a five foot sidewalk on one side of the street. The recommendation is based on the following factors: 1. The sidewalk has a more attractive residential neighborhood appearance than the eight foot bituminous. 2. The concrete sidewalk will provide a more durable surface requiring less maintenance and less repair. City of Albertville Trail System Plan Page 17 Agenda Page 54 Trails Plan 3. The City may wish to segregate automobile, pedestrian and bicycle traffic. This can be done through striping the traffic lanes on the street, creating a street shoulder that may be used for on -street parking, walking and biking. The striping of traffic lanes is an inexpensive means of accommodating shared use of the street surface. This option may be used to provide a designated walking and bike lane where sidewalks are absent within a neighborhood or in conjunction with streets with sidewalks to segregate pedestrian and bicycle traffic. The width of Albertville's streets will accommodate walkable street shoulders. Street shoulder Boulevard- 8' width typ. Concrete Sidewalk - Trafflc lanes (striped) 5' width typ. 4' I 12' 1 72' 1 4 Front yard (30'typ. residential) Street shoulder Street (variable width) 32' typ. Illustration —not to scale Right of way (typical width 60') Local and Minor Collector Streets Sidewalk or Minor Pathway - Private maintenance - 5' concrete sidewalk - 8' asphalt trail in some areas Minor Collectors and Local Streets Recommendations 1. Amend the City's subdivision standards to require five foot sidewalks rather than eight foot trails along local and minor collector streets. 2. Incorporate the replacement of existing trails along local and minor collector streets with five foot sidewalks as part of the City's street improvements and capital improvement planning. 3. Provide striped traffic lanes on streets without sidewalks to create a street shoulder for on -street parking, walking and biking. Consider striping of minor collectors with sidewalks to create bike lanes. City of Albertville Trail System Plan Page 18 Agenda Page 55 Trails Plan 4. Needed local and minor collector sidewalks improvements include: Roadway Kassel Avenue Kassel Avenue 57t" Street Lachman Avenue 62nd Street OVERLAND TRAILS Trail Segment 49t" Street to County Road 18 County Road 18 to 51st Street NE (North side) Lambert Avenue to Lachman 60t" Street to County Road 37 East Lake Towne Drive to County Road 37 The Comprehensive Trail Plan identifies opportunities for overland trails that may complement the City's street corridor, trail and sidewalk system. These opportunities include: 1. Through Block Trail Connections: The City has reserved outlots for trail connections between Lander Avenue and Lambert Avenue and Lachman Avenue. The outlots were created for trail corridors to break up the length of extremely long residential blocks. The corridors have not been constructed. The City will need to evaluate the need for these trail corridors. 2. Cedar Creek Golf Course: Residents in western Albertville have expressed a need for a more direct trail route through or around the golf course to access the High School. One option is located at the eastern end of the golf course property. Trail entrances into the golf course property extend from Kahler Drive at two locations. The bituminous trail leads to unimproved paths wind through the golf course. This corridor may provide a direct route to County Road 18, however, the following concerns exist: a. This area is characterized by low areas, drainage ditch, and wetlands that are subject to seasonal flooding. These features complicate trail design and use. b. The City needs to determine if an easement exists for public trail use in this area of the golf course. C. The trail will need to access and cross County Road 18. Existing development patterns may obstruct this trail corridor. Additionally, a safe pedestrian crossing location must be identified and designed. If this overland corridor is desirable, additional study will be required to address the aforementioned issues. City of Albertville Trail System Plan Page 19 Agenda Page 56 Trails Plan 3. Hunter's Lake. The City owns land surrounding the south and east side of Hunter's Lake. This area contains stormwater ponding, the waste treatment plant, Public Works, and the Albertville compost yard. While the city operations are fairly intense land uses, they are located away from the lakeshore. The Hunter's Lake shoreline offers an undeveloped natural area with view of the lake. An overland trail corridor could be established in this natural corridor, concert with existing trails and sidewalks in Towne Lakes and Hunter's Pass neighborhoods providing a walkable circuit around the lake. Sensitive to costs and the uncertain future land use of the compost site, it is recommended that the overland trail be a graded wood chip trail. This is intended to provide this natural trail experience without major investment and without compromising any future use of City -owned land. 4. Interim Overland Trails. Residents of Hunter's Pass and Towne Lakes neighborhoods expressed a desire for a trail connection between the neighborhoods and into the local commercial areas. The subdivision plans for the neighborhoods include interconnected streets and sidewalk systems, however, the slow down in residential development has delayed build out and the final street, sidewalk, and trail improvements. An option exists to provide an interim trail connection between these neighborhoods. This option would consist of an interim wood chip trail around the north side of Hunter's Lake, connecting these two neighborhoods. With the permission of the current property owners, the City would mow a path and create a wood chip trail following the existing graded streets. This would be a price City of Albertville Trail System Plan Page 20 Agenda Page 57 Trails Plan sensitive option to provide a needed trail connection. The following items will need to be investigated to facilitate this improvement: a. Permission of the property owners through a consent form or temporary easement. b. Insurance responsibility for liability of trail use. C. Define specific route. d. Public Works mowing and laying of wood chips. IIIUwatWn — o0! tC $Cale Greenways / Overland Trails Right of way varies between 100 and 200 feet. depending on location environment Shared mulit-use pathway Provides opportunity for stormwater collection areas or preservation of existing water resources May plant additional vegetation in some areas for shade/protection Public maintenance City of Albertville Trail System Plan Page 21 Agenda Page 58 Implementation This section of the Trail System Plan identifies the tools and processes to implement the Plan. IMPLEMENTATION STRATEGIES The following implementation strategies are suggested: This plan identifies a number of action steps and recommendations that may not require significant financial output and may be implemented by City staff. These action steps should be prioritized and undertaken to benefit the City's existing trail system including: a. Amend the Albertville Subdivision Ordinance to require sidewalks rather than trails along local and minor collector streets. b. Integrate trail, sidewalk or street striping into the City's five year street repair and/or replacement planning (see map on the following page). When a street is scheduled for repair, resurfacing or replacement, the City will also investigate needed pedestrian improvements to be undertaken as a single project. C. Obtain temporary trail easements and create wood chip trails between Towne Lakes and Hunter's Pass neighborhoods. d. Where sidewalks do not exist along local streets, include traffic lane striping with street seal coating, overlays, or reconstruction. 2. The City benefits from the active involvement of its local civic organizations in investing, maintaining and improvement of the City parks and trail facilities. The City will continue to utilize this volunteerism to help improve the parks and trails. 3. The City will annually review and update trail system needs to identify and prioritize needed improvements to insure safe and active use of the City trails and sidewalks. 4. The City will review and evaluate each new development project to ensure it provides trail connections to the planned City-wide trail system. 5. Work with Wright County to insure that trails are a design component in all County road improvements in Albertville. 6. The City will investigate the use of grants, donations, partnerships, and opportunities for joint powers agreements for the development of trail facilities. City of Albertville Trail System Plan Page 22 Agenda Page 59 Implementation FUNDING MECHANISMS Financing the trail and sidewalk improvements will be a challenge for the City. The development of the trail system will not occur without adequate funding and taking advantage of opportunities as they present themselves. Fortunately, the City has a significant existing trail and sidewalk system. Improvements can be undertaken as smaller projects and systematically addressed with available budgets. The financial strategy for trail and sidewalk improvements are as follows: In new development areas, the City will require the installation of new sidewalks or trails as developer improvements as a condition of City approval. 2. Improvements or replacement to the existing trail and sidewalk system shall be identified with regard to the extent of improvements (repair, replacement), costs, and priority based on condition and need. These improvements, where possible, will be coordinated with the City's five year street improvement plan and presented to the City Council for inclusion in the City's annual budget and capital improvement planning. Though incremental improvements, the City hopes to maintain and improve its existing system in a cost effective manner. 3. The City budget process will establish local funds for parks, trails and street maintenance and improvements. 4. Coordination of streets and trail improvements with the County or other cities to avoid duplication of efforts and to share costs. 5. The City may apply for available grants for development of its Trail System Plan through agencies such as but not limited to the Minnesota Department of Natural Resources, Minnesota Department of Transportation, Wright County, and any other agencies. 6. Albertville has strong groups of civic organizations, and private citizens willing to donate monies and labor to improving the City trail system. Trails in Winter Pak were constructed with the assistance of the local Boy Scout troop as an Eagle Scout project. The City will continue to promote volunteerism and private reinvestment in the City trail system to stretch available dollars. City of Albertville Trail System Plan Page 23 Agenda Page 60 �lbertvillc Mayor and Council Request for Action May 16, 2019 SUBJECT: PUBLIC WORKS - FIRE HYDRANT MAINTENANCE PROGRAM RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Approve the Fire Hydrant Maintenance Program. BACKGROUND: The Public Works department currently inspects each fire hydrant within the city every six years. The proposed policy is suggested to document current procedures for hydrant inspection and maintenance. KEY ISSUES: • The goal of the fire hydrant maintenance program is to ensure access to water in case of fire. • The policy will require a citywide map of all hydrant locations. It will also require that maintenance records and document of any deficiencies to be kept at the Public Works building. • Regular maintenance extends the life of the fire hydrants. • Hydrants will be inspected on an annual rotating schedule over the course of every six years. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve and implement policies. FINANCIAL CONSIDERATIONS: Maintenance for fire hydrants is budgeted and covered by operations funds. There is no increase to the budget for this item. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Fire Hydrant Maintenance Policy P:ACity Council\Council Packet Information\2019\052019\2019-05-20 Fire Hydrant Maintenance Policy.docx Meeting Date: May 20, 2019 62 CITY OF ALBERTVILLE FIRE HYDRANT MAINTENANCE PROGRAM 1. Purpose The purpose of this program is to provide the City of Albertville with procedures for maintaining its fire hydrants. These procedures are necessary to insure access to water in case of a fire. Maintenance also protects and extends the life of the City's fire hydrants. The City will provide such maintenance in a safe and cost effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The City will use City employees, equipment, and/or private contractors to conduct this maintenance. 2. Routine Maintenance and Inspection A. Schedule 1. The City will inspect, repair and paint as needed all city owned fire hydrants every sixth year. B. Procedure 2. Each hydrant will be exercised, checked for leaks, ease of operation, and proper operation. The hydrant will be repaired if nessiary. 3. Where applicable, a tracer wire access box will be attached to the lowest point possible. 4. Each fire hydrant will be painted with Waterous Part # M4104 red, when needed. 5. Upon inspection, hydrant finders or flags will be repaired, replaced or installed. 3. Documentation The City will maintain a watermain map that includes approximate locations of hydrants. Public works will document maintenance and any deficiencies for each hydrant. These records will be kept at the public works building. 4. Flushing Flushing will be conducted and coordinated by the Joint Powers Water Board. rev. 5/16/19 Agenda Page 63 Nlbertville Mayor and Council Request for Action s„" T... wke� ft Lity ut- May 16, 2019 SUBJECT: PUBLIC WORKS / ENGINEERING — ALBERTVILLE WWTP & DISCHARGE IMPROVEMENTS RECOMMENDATION: This space on the agenda is reserved for the City Council to consider acceptance of the lowest bid received for the WWTP and Discharge Improvement project. It is respectfully requested that the Mayor and Council consider the following motions: MOTION TO: • Approve Resolution No. 2019-024 entitled A Resolution Approving Plans and Specifications Accepting Low Bid for Construction of the Albertville WWTP and Discharge Improvements, Contingent on MPCA Approvals. • Approve construction services proposal by Bolton & Menk, Inc. for an estimated amount of $348,336. BACKGROUND INFORMATION: Bolton and Menk has completed plans and specifications for the proposed WWTP project. The general project components include approximately 5 miles of a 16" forcemain, a lift station, concrete biosolids tank, UV disinfection equipment, WWTP controls upgrades, common excavation, and related improvements. The proposed improvement project was advertised and on May 16 bids for the improvements were opened. A total of two (2) bids were received with proposals ranging from $6,918,783.45 to $7,187,021, as shown on the attached Bid Tab. There are a number of MPCA related approvals, including the National Pollutant Discharge Elimination System (NPDES) / State Disposal System (SDS) permit for the City's WWTP, which is why the improvements are necessary. It is recommended the award be contingent on plan and permit approvals by the MPCA. KEY ISSUES: • Low Bid for the project is $6,918,783.45 • Low Bid Received by LaTour Construction • The low bid is approximately 6.5% over the Engineer's estimate of $6.5M • Engineering construction services are estimated to just under $350,000 FINANCIAL CONSIDERATIONS: The Project Construction Budget is as follows: Discharge and Plant Improvements: $ 6,918,784 Construction Contingencies (5%) $ 346,000 Engineer/Construction Admin. (5%) $ 350,000 BUDGET $ 7,614,784 P:ACity Council\Council Packet Information\2019\052019\wwtp\1_WWTP and Discharge Improvement Award RCA.doc Meeting Date: May 20, 2019 64 Mayor and Council Request for Action — WWTP Award Public Works / Engineering — May 20, 2019 Page 2 of 2 The project will be funded through multiple funds including the Sewer Access Fund, capital reserves, State Special Appropriations grant, and debt service. In 2017, Albertville received legislation awarding $2M in grant funding for the project. The city will bond for the remaining $5.61M and pay its debt service over a period of 20 years. Debt service will be paid with Sewer Access funds/ future SAC revenues and debt levy. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to authorize municipal improvements, and to accept or reject bids for municipal improvements. Submitted Through: Adam Nafstad, City Administrator -PWD Attached: Resolution 2019-024 Bid Tab Construction Services Proposal On file with the Clerk: Construction Plans and Specifications Bid Abstract Facility Plan P:ACity Council\Council Packet Information\2019\052019\wwtp\1_WWTP and Discharge Improvement Award RCA.doc Meeting Date: May 20, 2019 Agenda Page 65 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2019-024 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS ACCEPTING LOW BID FOR CONSTRUCTION OF THE ALBERTVILLE WWTP AND DISCHARGE IMPROVEMENTS, CONTINGENT ON MPCA APPROVALS WHEREAS, plans and specifications for wastewater treatment plant and discharge improvements and related municipal improvements have been prepared by Bolton & Menk, Inc. and such plans and specification have been presented to the Albertville City Council for approval; and WHEREAS, pursuant to an advertisement for bids for the proposed improvements, bids were received, opened and tabulated; and WHEREAS, it appears that LaTour Construction, Inc. of Maple Lake, Minnesota is the lowest responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, as follows: Such Plans and Specifications, a copy of which are on file with the City Clerk, are hereby approved. The bid of LaTour Construction, Inc., said "Low Bidder", in the amount of $6,918,783.45 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid. 2. Said bid of said Low Bidder is accepted. Contingent on MPCA permit approvals, the City Administrator and City Clerk are hereby authorized and directed to enter into a contract with said "Low Bidder" for the construction of said improvements for and on behalf of the City of Albertville. Approved by the City Council of the City Albertville this 20te day of May, 2019. ATTEST: Kimberly A. Hodena, City Clerk Jillian Hendrickson, Mayor Agenda Page 66 CITY OF ALBERTVILLE ALBERTVILLE WWTP DISCHARGE IMPROVEMENTS BID DATE: MAY 15, 2019 - 10:30 AM CONTRACTOR TOTAL AMOUNT BID LATOUR CONSTRUCTION $6,918,783.45 GM CONTRACTING $7,187,021.03 H:\ALBT\C13114803\6_Plans-Specs\B_Bid Tabulation\114803 Bid Tab.xls Agenda Page 67 nIn BOLTON & MENK Real People. Real Solutions. April 11, 2019 City of Albertville Attn: Adam Nafstad 5959 Main Ave NE Albertville, MN 55301 RE: Albertville WWTP and Discharge Improvements - Construction Services Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: (952) 448-8805 Bolton-Menk.com As requested, we have prepared a scope of services and estimated fee for the construction services associated with the Albertville WWTP and Discharge Improvements Project. Scope of Services Public Coordination/Communications Bolton & Menk is committed to supporting the coordination requirements of this project with qualified staff and will proactively engage affected property owners with timely and accurate information. Construction Staking and Observation Construction staking will be provided along with full time construction observation. Duties of the Construction Observer will include the following: • Attendance at the pre -construction meeting and all construction -related meetings • Serve as a liaison between the City and the contractor • Review of the completed work to determine if the project is in general conformance with the plans and specifications • Review of all materials testing • Maintenance of construction documentation • Communication with affected property owners, as necessary, to address their construction -related concerns and issues Construction Administration Construction administration duties will include the following: • Administering a pre -construction meeting and weekly construction meetings • Review of shop drawings • Preparation of pay estimates • Contractor Communications • Liaison with City Staff Record drawings detailing the completed improvements as recorded by the construction observer and the contractor will be completed and furnished to the City in hard copy and electronic format. Record plans will also be linked to the City mapping system and the City's GIS system will be updated. Fee Estimate P:\City Council\Council Packet Information\2019\052019\wwtp\4_2019-04-11 2019 WWTP Discharge Improvements Construction Services.docx Bolton & Menk is an Albertville WWTP and Discharge Improvements Page 2 The estimated cost to provide the scope of services described above is $348,336.00 to be billed on an hourly basis. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. Jeffrey J. Weyandt, P.E. P:\City Council\Council Packet Information\2019\OS2019\wwtp\4_2019-04-11 2019 WWTP Discharge Improvements Construction Services.docx Bolton & Menk is an Work Plan & Hour Estimate For WWTF Discharge Construction Services Albertville, MN 4/11/19 PROJECT TASK ESTIMATED HOURS AVERAGE HOURLY RATE TOTAL ESTIMATED COST Inspection 1250 $102 $127,500 Inspection Oversite 120 $125 $15,000 Project Management 176 $161 $28,336 Construction Staking 400 $145 $58,000 WWTP Inspection 400 $140 $56,000 WWTP Project Management 120 $180 $21,600 WWTP Electrical Review 80 $180 $14,400 1$348,336.00 Project Closeout 50 $130 $6,500 Asbuilts/GIS Maps 150 $140 $21,000 TOTAL ESTIMATED COST am Agenda Page 70 J�lbcrtvi j jc S-1T..UNng.ftCity Lft. Mayor and Council Request for Action May 7, 2019 SUBJECT: FINANCE — WASTEWATER DISCHARGE PROJECT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution 2019-025 entitled, declaring the official intent of the City of Albertville to reimburse certain expenditures from the proceeds of bonds to be issued by the City. MOTION TO: Approve Resolution 2019-026 committing City funds related to special appropriations grant, through the planned issuance of general obligation sewer revenue bonds, series 2019A. BACKGROUND INORMATION: Both of these resolutions are necessary to advance the Wastewater Discharge Project. The reimbursement resolutions are required by the IRS. This resolution is standard on most projects that the City intends on financing via bond issuance. Passage of this resolution allows the City to incur costs prior to the bond issuance that can be later reimbursed from the bond proceeds. Below is the bond schedule: Item Date Award Construction Bids 20-May Prepare Set Sale Resolution 8-Jul Prepare Finance Plan for 2019 A Bonds 8-Jul City Council Approves Set Sale Resolution for 2019A Bond 15-Jul Official statements sent to rating agency 16-Jul Rating Conference Call 29-Jul Rating Received 5-Aug City confirms final amount for bond 5-Aug Bond Sale 10:30 A.M. 19-Aug City Council approves resolution awarding bonds 19-Aug Closing on bonds (proceeds) 5-Sep * Bolded items require City Council Action The resolution for commitment of funding is required for disbursement of funds from the G.O. Bonding Grant allocation. P:\City Council\Council Packet Information\2019\052019\Wastewater RCA intent to reimburse.docx Meeting Date: May 20, 2019 71 Mayor and Council Request for Action — May 20, 2019 Wastewater Discharge Project Page 2 of 2 KEY ISSUES: The Reimbursement Resolution is required by the IRS for bonding purposes The commitment of funding resolution is required for the release of the State Grant monies prior to the closing of the bond issuance. FINANCIAL CONSIDERATIONS: There is no cost associated with the reimbursement resolution. The commitment to funding resolution allows the City to draw funds from the Grant for the project prior to bond closing which is part of our financing plan for the project and would effects cash flow of the project. LEGAL CONSIDERATIONS: Passage of the reimbursement resolution is required in order to bond for this project at a later date. Passage of the commitment of funding is required for disbursement of the grant monies prior to bond sale. Responsible Person/Department: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Resolution 2019-025 Resolution 2019-026 P:\City Council\Council Packet Information\2019\052019\Wastewater RCA intent to reimburse.docx Meeting Date: May 20, 2019 72 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2019-025 DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax-exempt bond; WHEREAS, the City has determined to make this declaration of official intent ("Declaration") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE AS FOLLOWS: 1. The City proposes to undertake the construction of sewer system improvements in the City (the "Project"). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $5,615,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based 578039v1AL141-65 Agenda Page 73 City of Albertville Meeting of May 20, 2019 Resolution No. 2019-025 on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Approved this 20th day of May, 2019, by the City Council of the City of Albertville, Minnesota. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Hodena, City Clerk 578039v1AL141-65 2 Agenda Page 74 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2019-026 RESOLUTION COMMITTING CITY FUNDS RELATED TO SPECIAL APPROPRIATIONS GRANT, THROUGH THE PLANNED ISSUANCE OF GENERAL OBLIGATION SEWER REVENUE BONDS, SERIES 2019A BE IT RESOLVED by the City Council of the City of Albertville, Wright County, Minnesota (the "City") as follows: It is hereby determined that: (a) The Legislature has appropriated $2,000,000 for a one-time grant (the "Grant") by the Minnesota Public Facilities Authority ("PFA") to the City of Albertville for wastewater infrastructure improvements, pursuant to Minnesota Laws of 2018, Chapter 214, Article 1, Section 22. (b) The City has determined a need for major wastewater infrastructure improvements (the "Improvements") within the City, at an estimated total cost of $7,615,000. (c) In order to release any Grant funds to the City, the PFA requires a commitment of City funds for all costs of the Improvements not paid by the Grant. (d) The City is authorized by Minnesota Statutes, Chapter 475 and Section 444.025 (the "Act"), to issue and sell its general obligation bonds to finance improvements to its municipal wastewater system, when determined by the City Council to be necessary or desirable and in the best interest of the City. (e) The City hereby resolves to issue its General Obligation Sewer Revenue Bonds, Series 2019A, in an estimated principal amount not to exceed $4,095,000 (the "Bonds"), the proceeds of which Bonds will be applied to pay the portion of costs of the Improvements not reimbursed by the Grant. (f) Based on the as -bid cost of the Improvements, the City has sufficient cash on hand to cover change orders and project overruns to ensure completion of the Improvements. 2. The Mayor and City Administrator are hereby authorized and directed to enter into a grant agreement with the PEA (the "Grant Agreement") and to execute the Grant Agreement and any other instruments required to effectuate the Grant. Agenda Page 75 City of Albertville Meeting of May 20, 2019 Resolution No. 2019-026 Page 2 Approved by the City Council of the City of Albertville, Minnesota this 201" day of May, 2019. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Hodena, City Clerk 578760v1AL141-40 Agenda Page 76 A\1bertville Mayor and Council Request for Action Smolt LWing. Big Ufs. May 15, 2019 SUBJECT: CITY CLERK— STAY IN THE FIGHT AND FARRELL'S MEMORIAL DAY SPECIAL EVENT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Waive the $75 Mobile Food Unit license fees for the Stay in the Fight and Farrell's Memorial Day Event on May 27, 2019 • Not waive the $75 Mobile Food Unit license fees for the Stay in the Fight and Farrell's Memorial Day Event on May 27, 2019 BACKGROUND: Stay in the Fight is a non-profit organization whose mission is to honor and empower Uniformed Service Members and their families by being active and healthy both physically and socially. They are partnering with Farrell's eXtreme Bodyshaping in Albertville to host a Warrior Workout — Honor the Fallen event. The group has reserved the Central Park shelter and ballfield for activities and kickball. Details are still being finalized, but the event is scheduled for 11:00 a.m. — 1:00 p.m. They plan on having food trucks available for participants. KEY ISSUES: • Event sponsors are asking that the annual license fee of $75 for Mobile Food Units be waived since this is a one day only event and the vendors do not plan to operate within Albertville for any other days. • Staff recommends that the city application be completed, liability insurance and proof of licensing by either the MN Dept. of Health or MN Dept. of Agriculture, regardless whether the fee is waived. • It is unclear at this time if there will be a walk or run event planned, if outdoor music will be requested, or whether streets will be requested to be closed. Should these be needed, an additional motion will be needed from Council at Monday's meeting. Staff hopes to have more information at the meeting. • The group anticipates presence from both Albertville Fire Department and Wright County Sheriff's Office. • An email from one of the event coordinators is attached detailing the group's plans. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to waive fees, authorize street closures and approve outdoor music. P:ACity Council\Council Packet Information\2019\052019\2019-05-20 Farrell's Special Event RCA.docx 77 Meeting Date May 20, 2019 Mayor and Council Communication — May 20, 2019 Stay in the Fight Memorial Day Event Page 2 of 2 Responsible Person/Department: Kimberly Hodena, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Email from Event Coordinator for Memorial Day Event P:ACity Council\Council Packet Information\2019\052019\2019-05-20 Farrell's Special Event RCA.docx Agenda Page 78 Meeting Date: May 20, 2019 Kim Olson From: Emilie Hoivik Sent: Thursday, May 9, 2019 8:26 PM To: Kim Olson Cc: Craig Hoivik Subject: Stay In The Fight & Farrell's Memorial Day Event May 27, 2019 Attachments: GiJoes2019MDHLICENSE.pdf, ATT00001.txt; imagel jpeg; ATT00002.txt Ki m, We at Stay In The Fight are requesting that the $75 food truck permit fee be waived for the (2) foods trucks we would like to have at our event on May 27, 2019. The two food trucks that would like to attend are: Gi Joes and Outlaw. During the event we will have the fire department present and we are just waiting on the sheriffs department to confirm their attendance as well. The event will consist of a 1 mile walk and a workout for those who have registered at Farrell's in Albertville. After we will have fire and police on site with two food trucks, and we will be opening up the field for the kids/adults to play kickball together. We have rented the field as well as, the pavilion for the day. If you have any further questions or concerns please contact me directly. I have also attached each food trucks licenses. Thank you 1 1 Agenda Page 79 SETH WYNN Law Clerk O: 801 852 5235 s.wynn@goaptive.com aptirre May 3, 2019 Via Electronic Mail: mike@couriruppe.com Mr. Michael Couri City Attorney City of Albertville, MN 705 Central Avenue East St. Michael, MN 55376 Re: The City of Albertville's Solicitation Curfew Dear Mr. Couri: Aptive Environmental, LLC 5132 N 300 W #150 Provo, UT 84604 goaptive.com I am a Law Clerk working in the Legal Department at Aptive Environmental, LLC ("Aptive"). Aptive provides pest control services to thousands of customers in Minnesota. Aptive markets its products and services primarily through direct marketing, or door-to-door solicitation. Aptive understands and appreciates the City of Albertville's desire to create and maintain rules governing door-to-door solicitation. Aptive believes that such regulations — when reasonably drawn — can provide important assurances that solicitation efforts in the City will be safe and free from abusive practices. Consequently, Aptive places a priority on its compliance with such rules. That said, when these regulations cross a constitutional line — by, for instance, imposing overly broad or onerous restrictions on solicitation activities — Aptive will seek to have them changed. Further, unconstitutional restrictions on Aptive's ability to do business have a direct and substantial impact on Aptive's business viability and profits. Accordingly, Aptive is hopeful that a mutually acceptable resolution outside of a publicly -filed litigation can be achieved. Albertville's solicitation curfew, found at § 4-4-4 of the City Code, restricts solicitation to the hours between 9:00 am and 4: 00 pm. Aptive believes this curfew violates Aptive's — and others' — rights under the First and Fourteenth Amendments of the United States Constitution. In 2015, the United States District Court for the District of Minnesota held that the City of Bloomington's 8:00 p.m. solicitation curfew was unconstitutional because it was not narrowly tailored to further any compelling government interest. Working Am., Inc. v. City of Bloomington, 142 F. Supp. 3d 823, 834 (D. Minn. 2015). In Association of Community Organizations for Reform v. City of Frontenac, the Eighth Circuit Court of Appeals invalidated Frontenac's 6: 00 p.m. solicitation curfew, stating that the curfew unconstitutionally restricted solicitors' activities. Association of Cmty Orgs for Reform v. City of Frontenac, 714 F.2d 813, 819 (8th Cir. 1983) (invalidating 6:00 p.m. curfew). Page 1 of 2 Agenda Page 80 Just last year, in Aptive Environmental, LLC v. Town of Castle Rock, Colorado, the United States District Court for the District of Colorado invalidated the Town of Castle Rock, Colorado's 7:00 p.m. solicitation curfew holding that the curfew was an unconstitutional restriction on commercial speech. As the prevailing party, Aptive was rewarded more than $500,000 in attorney's fees. Aptive Envtl, LLC v. Town of Castle Rock, Colorado, C.A. No. 17-cv-01545-MSK-MJW (D. Colo. Mar. 22, 2018). The District of Minnesota's decision in Bloomington, the Eighth Circuit's decision in Frontenac, and the District of Colorado's decision in Castle Rock are consistent with what the U.S. Supreme Court and five federal circuit courts have uniformly held: municipal ordinances prohibiting door-to-door solicitation before 9:00 p.m. are unconstitutional. See Project 80's Inc. v. City of Pocatello, 942 F. 2d 635 (9th Cir. 1991) (rejecting total ban on commercial solicitation); City, of Watseka v. Illinois Public Action Council, 479 U.S. 1048 (1987) (affirming that 5:00 p.m. curfew was unconstitutional); Ohio Citizen Action v. City of Englewood, 671 F.3d 564 (6th Cir. 2012) (invalidating 6:00 p.m. curfew); City, of Watseka v. Illinois Public Action Counsel, 796 F.2d 1547 (7th Cir. 1986) (invalidating 5:00 p.m. curfew); New Jersey Citizen Action v. Edison Township, 797 F.2d 1250 (3d Cir. 1986) (invalidating 5:00 p.m., 6:00 p.m. and sunset curfews); and Wisconsin Action Coalition v. City of Kenosha, 767 F.2d 1248 (7th Cir. 1985) (invalidating 8:00 p.m. curfew). The holdings of these cases clearly indicate that the City's 4:00 p.m. solicitation curfew is unconstitutional. The solicitation curfew further violates the right of citizens of the City to receive information, which is another protected First Amendment freedom. Board ofEduc., Island Trees Union Free Sch. Dist. Number 26 v. Pisco, 457 U.S. 853, 867 (1982). Aptive desires to resolve these constitutional issues amicably and without resort to litigation. However, If Albertville refuses to suspend and repeal its unconstitutional solicitation curfew, and suit becomes necessary, be advised that Aptive will seek payment of its lost profits, as well as Aptive's attorneys' fees in connection with filing suit — to which Aptive is entitled pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 1988. Aptive sincerely hopes that this outcome can be avoided. To this end, we request that you provide us with the City's written assurances, as soon as possible, but by no means later than one week from the date of this letter, that the City will not enforce the 4:00 p.m. curfew. If you believe it would be productive to discuss this matter, please do not hesitate to contact me. Sincerely, Seth Wynn, Law Clerk— Aptive Environmental, LLC Page 2 of 2 Agenda Page 81 STAND -DOWN AGREEMENT This Stand -Down Agreement (the "Agreement") is by and between Aptive Environmental, LLC ("Aptive"), and the City of Albertville, Minnesota (the "City"). Aptive and the City are collectively referred to hereinafter as "the Parties." WHEREAS, Section 4-4-4 of the City Code prohibits door-to-door solicitation in the City after 4:00 p.m. (the "Curfew") WHEREAS, Aptive asserts that the Curfew is unconstitutional and has requested that the City repeal the Curfew to prevent ongoing economic harm to Aptive. WHEREAS, the City has agreed to suspend enforcement of the Curfew as of the date of this Agreement and extending six months from the date of this Agreement (the "Term"), during which time the City intends to review the ordinance and determine what changes may need to be made to the ordinance in light of recent court rulings. WHEREAS, Aptive expressly reserves its right to bring suit with respect to any future iterations of the Curfew, any future amendment to the Curfew, or if, after expiration of the Term, the City has not repealed, amended, or otherwise modified the Curfew. TERMS 1. The City hereby agrees to immediately suspend enforcement of the Curfew for the duration of the Tenn, and will instead enforce a solicitation curfew of 30 minutes after sunset. Notwithstanding the Term, enforcement will resume if the City amends the Curfew. Such enforcement will resume on the date the amended ordinance takes effect and will proceed under the terms of that amended Curfew. STAND -DOWN AGREEMENT BETWEEN APTIVE ENVIRONMENTAL AND ALBERTVILLE Page t Agenda Page 82 2. Aptive hereby releases the City and its elected and appointed officials, employees, and agents from all liability for all claims of any kind that it may have against it relating to the Curfew arising up through the date of this Agreement, including (without limitation) any claims for damages or lost profits as a result of the Curfew; provided, however, that Aptive's release is expressly conditioned upon the City suspending enforcement of the Curfew as specified in Paragraph 1. In the event the City amends the Curfew, Aptive's release of claims against the City shall be of no force or effect with respect to any amended Ordinance, and Aptive will be free to bring an action against the City for any and all claims (including lost profits) arising from the date enforcement resumes under the amended Curfew. Further, if, after expiration of the Term, the City has not repealed, amended, or otherwise modified the Curfew, Aptive's release of claims against the City shall be of no force and Aptive will be free to sue the City for any and all claims (including lost profits) arising from the enforcement of the Curfew. 3. This Agreement shall be construed and interpreted in accordance with the laws applicable in the State of Minnesota. 4. This Agreement contains the entire agreement between the Parties hereto with respect to the matters set forth in it, and shall be binding upon and inure to the benefit of the successors in interest, representatives, elected or appointed officials, employees, agents, assigns, principals, members, officers, directors, and attorneys of all parties named or described herein. 5. Aptive represents and warrants that the person signing this Agreement on Aptive's behalf has authority to bind Aptive to this Agreement. That person signs on behalf of Aptive and not in his or her individual capacity. The City represents and warrants that the person STAND -DOWN AGREEMENT BETWEEN APTIVE ENVIRONMENTAL AND ALBERTVILLE Page 2 Agenda Page 83 signing on its behalf is a representative authorized to sign on behalf of the City and not in his or her individual capacity. EXECUTED by counsel for each party this the day of May, 2019. This Agreement may be executed in duplicate original counterparts with the same force and effect as if all signatures were set forth upon a single instrument. AGREED: Counsel for City of Albertville, Minnesota (ON BEHALF OF THE CITY) STAND -DOWN AGREEMENT BETWEEN APTIVE ENVIRONMENTAL AND ALBERTVILLE AGREED: Counsel for Aptive Environmental, LLC (ON BEHALF OF APTIVE) Page 3 Agenda Page 84 A\Ibc tvijlie City Administrator's Update Small Town living. Big City We. May 20, 2019 GENERAL ADMINISTRATION Centennial Planning: The next meeting is May 28 at 7:00 p.m. at the Depot and all are welcome. Arena Board: The Arena Board has approved the 2018 audit by ABDO and has approved budget and rates for 2019/2020. The board continues to work on options for hotwater or RO water at the old facility. The board also approved an advertising agreement for an ATM kiosk. Friendly City Days Social: The social will be at 5:00 p.m. on Friday, June 7 at the Depot. ENGINEERING/PUBLIC WORKS 70th Street Project: I anticipate having a draft partnership agreement for council to review at the next meeting fora MnRoad project in 2019 to improve 70th Street between CSAH 19 and Kadler. WWTP Forcemain Project: A recommendation to award the contract to LaTour Construction is included in the packet. 2019 Street and Trail Improvements: Work on Kahler began this week. The contractor has removed the Kahler Ave NE trail and will be placing the concrete walk and aprons the week of the May 20. Work on Karston Ave NE will begin the second week of June. It is anticipated all work will be complete by the end of July. The driveway replacement option for those driveways impacted by the project has been received well and we currently have approximately 20 residents considering the special assessment option. We have a link to a project webpage on the city's website: www.ci.albertville.mn.us/2019-improvements. Westwind Park: The playground equipment install began this week and will take approximately a week. Once the play structures are installed, public works will install draintile, fabric and woodchips in the play area. Construction of the gazebo is scheduled to start the week of May 20. Omann's is scheduled to complete the grading and trail paving in late May or as soon as the area dries out. CSAH 19 and 70th Street: The County received bids on Tuesday, May 14, for the CSAH 19/38 project. Only 2 bids were received with the low bid being about 37% over the estimate. The low bid was approximately $12.5M and the Engineer's Estimate was approx. $9.1M. County staff is recommending to their board that the bids be rejected (at next Tuesday's Board meeting). The project will be rebid in November or so, and specify that the work will begin in 2020. Agenda Page 85 11435 58th Street NE House Demo: Quotes to demo the old house recently purchased by the city have been requested and will be reviewed at Monday's meeting. Miscellaneous Drainage Improvements: Staff is working on a number of drainage projects that will require storm sewer improvements and will review the projects at Monday's meeting. 60th Street NE (between Main Avenue and the driveway to Federated Co-ops): This segment of street is in need of repair and it has been questioned if the city could have it repaired by Friendly City Days. I have asked for quotes to do the work and will share with council on Monday. Upcoming Events: Albertville Friendly City Days, June 5 - 9 Attachments: none City Administrator's Update Page 2 of 2 May 20, 2019 Agenda Page 86