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2022-07-18 City Council Agenda Packet City of Albertville Council Agenda Monday, July 18, 2022 City Council Chambers 7 pm PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. 1. Call to Order 2. Pledge of Allegiance – Roll Call Pages 3. Recognitions – Presentations - Introductions 1. Long Term Plan Presentation by Abdo – Tyler See 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. Items pulled will be approved by a separate motion. A. Approve the June 20, 2022, regular City Council Meeting minutes as presented. 3-7 B. Authorize the Monday, July 18, 2022, 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. 8 C. Accept Accounts Receivable Report 9-11 D. 2nd Quarter Budget to Actual Report 12-13 E. Approve a Lawful Gambling Exempt Permit Application for the Church of St. Albert’s Annual Parish Festival on September 18, 2022, to be located at St. Albert Parish Center. 14-16 F. Approve a Temporary Liquor License for the Church of St. Albert’s Annual Parish Festival on September 18, 2022, to be located at St. Albert Parish Center. 17 G. Approve a Major Temporary Outdoor Music Permit for the Villa Bar and Grill for July 23 and August 20, 2022, located at 11935 59th Place NE in Albertville. 18-20 H. Adopt the following Resolutions imposing civil penalties for liquor license violations according to Albertville City Code section 4-1-15. • Resolution 2022-21 imposing civil penalty for a liquor license violation occurring on June 22, 2022, at Kwik Trip, INC dba Kwik Trip #1020, 6300 LaBeaux Avenue NE. • Resolution 2022-22 imposing civil penalty for a liquor license violation occurring on June 22, 2022, at Coborn’s INC dba Coborn’s Liquor, 5600 LaCentre Avenue NE. • Resolution 2022-23 imposing civil penalty for a liquor license violation occurring on June 22, 2022, at DGA Corporate dba El Bamba, 5986 Main Avenue. • Resolution 2022-24 imposing civil penalty for a liquor license violation occurring on June 22, 2022, at EK Restaurant LLC dba Villa Bar and Grill, 11935 59th Place NE. 21-26 I. Release Letter of Credit No. 163975275, held as security for the Goddard School, in full, conditioned on any outstanding balances owed to the City being paid in full. 27 City of Albertville City Council Agenda Monday, July 18, 2022 Page 2 of 2 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) B. Building – None C. City Clerk – None D. Finance – None E. Fire Department Update 28 1. 2022 Standard Operating Policies and Procedures 29-39 (Motion to approve revisions and updates to the 2022 Fire Department Standard Operating Policies and Procedures.) 2. Draft 2023 Albertville – Otsego Fire Protection Agreement 40-48 F. Planning and Zoning – None G. Public Works/Engineering 49-50 1. Approve Purchase of S66 T4 Bobcat Skid Steer Loader (Motion to approve purchase of a new S66 T4 Bobcat Skid Steer Loader in the amount of $51,141 and trading in the City’s 2016 S630 for a trade-in amount of $30,000.) H. Legal 1. Cleanup of Maeyaert Property 51-60 I. Administration 1. City Administrator’s Update 61 2. Central Park Topics - Discussion 10. Announcements and/or Upcoming Meetings July 25 Joint Powers Water Board, 6 pm Parks Committee, 7 pm August 1 Council Budget Workshop, 6:15 pm August 1 City Council, 7 pm August 8 STMA Arena Board, 6 pm August 9 Primary Election – polls open 7 am to 8 pm August 10 Planning Commission, 7 pm (Wednesday) August 15 Council Budget Workshop, 6:15 pm August 15 City Council, 7 pm 11. Adjournment ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES June 20, 2022 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7:01 pm. 2. Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Planner Brixius, City Attorney Couri and City C lerk Luedke 3. Recognitions – Presentations – Introductions – None 4. Public Forum There was no one present for the public forum. 5. Amendments to the Agenda MOTION made by Councilmember Olson, seconded by Councilmember Cocking to approve the June 20, 2022, agenda as submitted. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion 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. Items pulled will be approved by a separate motion. A. Approve the June 6, 2022, regular City Council Meeting minutes as presented. B. Authorize the Monday, June 20, 2022, 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. Adopt Resolution No. 2022-19 Appointment of Election Judges and Absentee Ballot Board for the Primary Election on August 9, 2022. D. Adopt Resolution No. 2022-20 Accepting a Donation from the Albertville Lions for Rescue Air Bags for the Albertville Fire Department. E. Approve a Driveway Replacement Contract for property owners Gregory & Linda Mozis located at 5551 Kahler Drive NE, Albertville, MN 55301. F. Approve a Driveway Replacement Contract for property owners Riley Ross & Antoinette Menth located at 10307 Karston Avenue NE, Albertville, MN 55301. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of June 20, 2022 6. Consent Agenda – continued MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the June 20, 2022, Consent Agenda as submitted and thank the Albertville Lions from their donation to the Albertville Fire Department. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. 1. Wright County Sheriff Deringer’s Presentation – 2023 Contract Hours City Administrator Nafstad introduced the item. Wright County Sheriff Deringer discussed the current City’s Wright County Sheriff’s contract which include 28 hours of coverage per day. Sheriff Deringer said in 2021, he recommended the City add an additional 2 hours of service a day beginning in 2023. He answered questions from Council regarding the City’s current contract. The Council thanked Sheriff Deringer for attending the Council meeting. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC) Councilmember Zagorski reported at the Planning Commission meeting, the Commissioners discussed the items that City Planner Brixius would be presenting at tonight’s meeting. Councilmember Hudson said he attended the Wright County Mayor’s Association meeting which included a briefing on the Buffalo incident from last year and the formation of a Wright County Voter Integrity group to discuss voter concerns regarding election processes. B. Building – None C. City Clerk – None D. Finance – None E. Fire – None F. Planning and Zoning 1. Pysk Property West Concept Plan Discussion City Planner Brixius provided background information which included the proposed location, property details and zoning information. He said the Pysk Concept Plan included owner occupant housing and townhomes. He discussed the possible extension of a connection road and the transportation needs of the project. Planner Brixius answered questions from Council. City Administrator Nafstad provided details on the next steps the applicant would need to do if they chose to move forward and answered questions from Council. Mr. Ian Peterson, Integrated Properties, reported the concept plan was a work in progress and said his company was looking for feedback from the Council. He provided details on the possible housing designs and answered questions from Council. Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of June 20, 2022 1. Pysk Property West Concept Plan - continued There was Council discussion regarding the concept plan, future development of the land along County Road 19, conserving the commercial corridor on County Road 19 and the housing demand in the area. The majority of the Council were interested in the concept moving forward. 2. Recreational Vehicle Use on City Streets City Planner Brixius said the City previously approved golf cart use on public streets. He said at the time, the City did not require golf carts to be permitted but in researching the addition of Class 2 all- terrain vehicles (ATVs) to the permitted uses, City staff discovered per State Stature a permit was required for all recreational vehicle use on public streets. Planner Brixius provided details on the amended requirements for both golf carts and Class 2 ATVs. City Attorney Couri answered questions from Council regarding the State’s permitting requirements and the City’s responsible if permitted vehicles were in an accident. City Administrator Nafstad provided a brief summary of the item and asked Council if they would like to add both Class 1 and Class 2 ATVs to the ordinance. Mr. Tim McLennan, 10411 54th Street, St. Michael, explained the difference between Class 1 and Class 2 ATVs and answered questions from Council. There was Council discussion regarding the recreational vehicle use permit process, the difference between Class 1 and 2 ATVs and if Class 1 ATVs should also be allowed on public streets. The Council consensus was to amend the ordinance to allow Class 1 ATVs on local street with a permit. City Administrator Nafstad said City staff recommended charging a $50 fee for a three-year permit. City Clerk Luedke explained the City’s permitting process and answered questions from Council. MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to adopt Ordinance No. 2022-05 amending the Albertville City Code, Title 7 Motor Vehicles and Traffic, Chapter 3: Snowmobiles, Recreational Vehicles and Motorized Golf Carts; Allowing Golf Carts and Class 2 ATVs to travel on local public streets within the City with an approved City permit as amended by the addition of Class 1 ATV’s and approve summary Ordinance for publication. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to charge a $50 fee a recreational vehicle permit for a three-year period. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 3. Swimming Pool Fence Amendment City Planner Brixius said the City has received some inquiries regarding the use of just pool covers instead of fencing for swimming pools. He said this amendment would clarify the swimming pool fence requirements and he answered questions from Council. City Administrator Nafstad answered questions from Council regarding fence sizes, pool enclosure and fencing requirements. There was Council discussion regarding swimming pool barriers, fencing sizes and safety issues around swimming pools. Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of June 20, 2022 3. Swimming Pool Fence Amendment - continued MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt Ordinance No. 2022-06 amending the Zoning Code, Chapter 1000, Section 1000.5 C.3, pertaining to swimming pools accessory to single family and two-family lots and the required fences or enclosures to restrict access to swimming pools and approve summary Ordinance for publication. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 4. Vehicle Weight Classes and Load Amendment City Planner Brixius provided background information which included details on the amendment which would provide a better vehicle description for vehicles that are prohibited from being stored or parked on residential street. He said the MnDOT vehicle classifications would allow for easier identification for Code Enforcement Officers for vehicles over 12,000 pounds gross weight. Chief Bullen answered questions from Council regarding the MnDOT vehicle classifications. City Administrator Nafstad answered questions from Council regarding the intent of the amendment in regards to off-street parking in the residential areas. There was Council discussion regarding vehicle parking in residential neighborhoods and if larger vehicles should be allowed to park in residential areas. The Council consensus was to allow vehicles over Class 3 to park between 6 am to 6 pm on residential streets. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to adopt Ordinance No. 2022-07 amending the City Code, Title 7 Motor Vehicles and Traffic, Chapter 1 General Traffic Provisions, Subsection 2 Vehicles with Lugs; Vehicle Weight and Load; pertaining to vehicle weights/sizes permitted on local streets in the City of Albertville as amended by allowing parking between 6 am to 6 pm and approve summary Ordinance for publication. Ayes: Cocking, Hendrickson, Hudson and Zagorski. Nays: Olson. The motion carried. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to adopt Ordinance No. 2022-08 amending Section 1000.15 A.4: Outside Storage, Residential, Commercial and Industrial Uses and Section 1200.4.F Off-Street Parking requirements of the Albertville Zoning Code; limiting the weight and size motor vehicles allowed to be parked or stored on a residential lot and approve summary Ordinance for publication. Ayes: Hendrickson, Hudson, Olson and Zagorski. Nays: Cocking. The motion carried. 3. Solar Energy System Regulations City Planner Brixius provided the background information which included the need to add solar panels standards to the zoning code to address the location, setbacks and design installation. He answered questions from Council. Fire Chief Bullen answered questions from Council regarding fire standards for rooftop solar panels and added that the recommended standards are included in this amendment. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to adopt Ordinance No. 2022-09 amending Chapter 1000 and Section 1000.24 establishing the Zoning regulations for the installation of building integrated solar energy systems and approve summary Ordinance for publication. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. Agenda Page 6 City Council Meeting Draft Minutes Page 5 Regular Meeting of June 20, 2022 G. Public Works/Engineering – None H. Legal 1. Contract to Remove Nuisances and Zoning Violations from The Maeyaert Property City Attorney Couri said he met with Mr. Maeyaert and explained the nuisance items removal process to him. He reported he also spoke with Trilogy Properties regarding their bid for the nuisance removal and said City s taff was requesting from Council approval to work with the contractor consistent with what items were on the property at the beginning of the removal process because some of the portable items changed daily. He said the removal process would begin on July 5, 2022. He answered questions from Council regarding the City’s reimbursement for the contractor’s contract. City Administrator Nafstad answered questions from Council regarding the contract with Trilogy and said the City had only received one quote. MOTION made by Councilmember Zagorski, seconded by Councilmember Hudson to authorize City staff to retain the services of Trilogy Properties of MN, LLC to remove or remedy City Code violations from the Maeyaert property consistent with the Wright County District Court’s April 11, 2022, order. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 1. City Administrator’s Update City Administrator Nafstad said the City has been working with Mr. Stangler on the Pro Concrete CUP because the items have not been completed by the June 19 deadline. He reported Mr. Stangler had requested an extension and said City staff would work with him. Administrator Nafstad said he would update the Council at their next meeting. Announcements and/or Upcoming Meetings June 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm July 4 City Offices closed in observance of Independence Day July 11 STMA Arena Board, 6 pm July 12 Planning Commission, 7 pm July 18 City Council, 7 pm 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Olson to adjourn the meeting at 8:57 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, ____________________________ Kristine A. Luedke, City Clerk Agenda Page 7 Mayor and Council Request for Action July 18, 2022 SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, July 18, 2022, payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • List of Claims (under separate cover) Agenda Page 8 Mayor and Council Communication July 18, 2022 SUBJECT: CONSENT – FINANCE – 2ND QUARTER BUDGET TO ACTUAL REPORT – UN-AUDITED 2nd QUARTER BUDGET TO ACTUAL: Attached are the 2nd Quarter 2022 un-audited General Fund summaries of revenues and expenditures. Revenues are generally expected be at 50% (first tax settlement was received in June). Expenses are generally expected to be at 50%. This summary shows operating revenues are at 60.15% and operating expenses are at 46.54%. VARIANCES: Revenue: • Building permits – The Preserve has had 34 single family house permits, Scherer Bros $27,500, Konz $11,000 and Kingston $98,000 • Police aid – Not received until October • Fire aid – Not received until October • Interest earnings – Interest on Investments are not allocated until December • Engineering as built fee – The Preserve has had 34 single family house permits, Scherer Bros, Konz and Kingston • Plan check fee – The Preserve has had 34 single family house permits, Scherer Bros, Konz and Kingston Expenses: • City Engineer – Scherer Brothers and Barthel Industrial Drive • Assessor services completed April 2021 Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • 2022 Budget to Actual Agenda Page 9 Mayor and Council Communication – July 18, 2022 Finance – 2nd Quarter Budget to Actual Report Page 2 of 3 2022 Council Update General Fund Operations General Fund Revenue: 2022 Budget 2022 Actual 07/06/22 Ytd % Budget 31010 Current Ad Valorem Taxes 2,326,925 1,278,554 54.95% 32000 Licenses & Permits 3,000 4,405 146.83% 32100 Business Licenses & Permits 27,000 2,840 10.52% 32110 Liquor Licenses 30,000 30,480 101.60% 32150 Sign Permits 500 2,310 462.00% 32210 Building Permits 150,000 309,797 206.53% 33401 LGA Revenue expected 115,251 0 0.00% 33405 Police Aid 45,000 0 0.00% 33406 Fire Aid 64,000 0 0.00% 33422 Other State Aid Grants 700 0 0.00% 34000 Charges for Services 20,000 10,307 51.54% 34005 Engineering As Built Fee 3,000 5,550 185.00% 34101 Leases - City Property 31,000 17,191 0.00% 34103 Zoning & Subdivision Fees 2,500 600 24.00% 34104 Plan Check Fee 65,000 151,247 232.69% 34107 Title Searches 2,500 1,520 60.80% 34113 Franchise Fee - Cable 70,000 31,786 45.41% 34202 Fire Protection Contract Charges 463,439 234,381 50.57% 34780 Rental Fees 15,000 12,040 80.27% 34950 Other Revenues 15,000 11,723 78.15% 34110 Arena 14,227 4,742 33.33% 34112 Electric Franchise Fee 125,000 64,100 51.28% 36210 Interest Earnings 25,000 236 0.94% Total Revenues 3,614,042 2,173,809 60.15% Agenda Page 10 Mayor and Council Communication – July 18, 2022 Finance – 2nd Quarter Budget to Actual Report Page 3 of 3 General Fund Department Expenditures: 2022 Budget 2022 Actual 07/06/22 Ytd % Budget 41000 General Government 60,000 23,653 39.42% 41100 Council 54,028 17,094 31.64% 41300 Combined Administrator/Engineer 172,756 84,350 48.83% 41400 City Clerk 141,622 61,607 43.50% 41410 Elections 27,000 0 0.00% 41500 Finance 120,903 55,730 46.09% 41550 City Assessor 44,000 45,250 102.84% 41600 City Attorney 40,000 19,056 47.64% 41700 City Engineer 25,000 37,284 149.14% 41800 Economic Development 45,000 2,246 4.99% 41910 Planning & Zoning 56,507 36,383 64.39% 41940 City Hall 145,520 40,887 28.10% 42000 Fire Department 601,917 254,947 42.36% 42110 Police 860,524 430,262 50.00% 42400 Building Inspection 271,243 138,133 50.93% 42700 Animal Control 9,000 5,370 59.67% 43100 Public Works - Streets 378,469 162,967 43.06% 45000 Culture & Recreation 85,311 51,324 60.16% 45100 Parks & Recreation 399,598 177,678 44.46% 43160 Electric street lights 91,166 45,127 49.50% Total Expenditures 3,629,565 1,689,348 46.54% 2022 Council Update Capital Fund Capital Reserve Fund Revenue: 2022 Budget 2022 Actual 7/6/22 Ytd % Budget 102 Capital Levy 1,455,887 727,944 50.00% Total Revenues 1,455,887 727,944 50.00% 2022 Council Update Capital Fund Capital Reserve Fund Expenditures: 2022 Budget 2022 Actual 7/6/22 Ytd % Budget 102 Capital Expenditures 1,455,887 132,635 9.11% Total Expenditures 1,455,887 132,635 9.11% Agenda Page 11 Mayor and Council Communication July 18, 2022 SUBJECT: CONSENT – FINANCE – ACCOUNTS RECEIVABLE REPORT ACCOUNTS RECEIVABLE: Total accounts receivable outstanding through July 6, 2022, is $182,639.49. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $170,275.61 93.23% 30-60 days outstanding $ 3,545.95 1.94% 60-90 days outstanding $ 1,525.31 0.84% Over 90 days outstanding $ 7,292.62 3.99% PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review quarterly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Accounts Receivable Report Agenda Page 12 Mayor and Council Communication – July 18, 2022 Finance – Accounts Receivable Report Page 2 of 2 Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days & Over 152 Club $45.38 $0.38 $45.00 Coborn's - Albertville $45.38 $0.38 $45.00 Focus Design Build $217.49 $1.80 $0.01 $215.68 FYCC $95.26 $95.26 Mitchell Greig $1,230.21 $157.54 $155.05 $155.00 $762.62 Luke Hamilton $913.78 $156.29 $155.03 $152.46 $450.00 Rachel Heffelfinger $1,176.80 $7.10 $0.07 $7.10 $1,162.53 Hockey Finder $3,285.68 $1,825.38 $1,460.30 Becky Huber $913.78 $155.00 $155.03 $152.46 $451.29 Insurance Producers Network $518.67 $4.09 $0.04 $4.09 $510.45 JKZ Holding, LLC ($541.95)-$541.95 Lakes Arena Training $4,694.97 $4,694.97 Mega Goaltending $9,567.11 $9,567.11 MN Hockey $1,620.00 $1,620.00 Pro Concrete $717.91 $5.95 $0.06 $711.90 Progressive Insurance $2,485.96 $19.95 $0.20 $19.93 $2,445.88 River Hawks Summer Training $3,189.04 $3,189.04 State Farm-Rebecca Fisher $1,026.93 $8.43 $0.08 $8.42 $1,010.00 State of Minnesota-Tax Forfeit $539.75 $4.18 $0.04 $4.18 $531.35 STMA United Soccer $2,350.00 $2,350.00 Summer Hockey Development $16,388.11 $16,388.11 Villa Bar & Grill $45.00 $45.00 Willis Towers Watson Midwest $518.67 $4.09 $0.04 $4.09 $510.45 Wright County Highway Dept $131,595.56 $131,595.56 Total $182,639.49 $170,275.61 $3,545.95 $1,525.31 $7,292.62 Current 0-30 days $170,275.61 93.23% 30-60 days $3,545.95 1.94% 60-90 days $1,525.31 0.84% over 90 day $7,292.62 3.99% Agenda Page 13 Mayor and Council Request for Action July 18, 2022 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 a Lawful Gambling Exempt Permit Application for the Church of St. Albert’s Annual Parish Festival on September 18, 2022, to be located at 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, and pull tabs at the festival. The Parish Festival will be held on September 18, 2022, 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 permit. 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: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • Application for Lawful Gambling Exempt Permit Agenda Page 14 Agenda Page 15 Agenda Page 16 Mayor and Council Request for Action _____________________________________________________________________________ July 18, 2022 SUBJECT: CONSENT – CITY CLERK – CHURCH OF ST. ALBERT PARISH FESTIVAL TEMPORARY LIQUOR LICENSE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve an On-Sale Temporary Liquor License for the Church of St. Albert’s Annual Parish Festival on September 18, 2022, to be located at St. Albert Parish Center. BACKGROUND: The Church of St. Albert has applied for an on-sale temporary liquor license for their annual Parish Festival on September 18, 2022, to be located at the St. Albert Parish Center, 11458 57th Street NE, Albertville. KEY ISSUES: • The Church of St. Albert has applied for an on-sale temporary liquor license. • The organization is requesting to serve alcohol during their annual Parish Festival event on September 18, 2022. • The City has received the appropriate liquor liability coverage for the event. • The $100 fee for a temporary liquor license has been submitted for the event. • This is an annual event for the Church and Parish Center. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor license. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: • On-sale Temporary Liquor License Application is on file in the City Clerk’s office and is available upon request. Agenda Page 17 Mayor and Council Request for Action July 18, 2022 SUBJECT: CONSENT – CITY CLERK –TEMPORARY OUTDOOR MUSIC PERMITS FOR VILLA BAR AND GRILL RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve a Major Temporary Outdoor Music Permit for the Villa Bar and Grill for July 23 and August 20, 2022, located at 11935 59th Place NE in Albertville. BACKGROUND: The City Council revised its Temporary Outdoor Music ordinance in 2013. The revision more clearly defined the definitions of both a Major and Minor Temporary Outdoor Music Permit and the requirements that must be met for each type of permit. The applicant, Bryan Gobel of the Villa Bar and Grill has applied for a Major Temporary Outdoor Music Permit for both July 23 and August 20, 2022. A Major Temporary Outdoor Music Permit must meet the following requirements: 1. Any person, organization, and/or entity shall be limited to a maximum of two major permits per year. No commercial property shall host more than three major events in a calendar year. 2. The permit applicant must pay a permit fee as set by the City Council by ordinance and provide information and/or a plan(s) that demonstrates that the site event will comply with the performance standards of this code. 3. The permit applicant must demonstrate there will be adequate sanitary facilities for the event. 4. The permit applicant must demonstrate that there will be adequate security and fencing to control access to the event at the location of the outdoor musical performance. 5. The permit applicant must have sufficient off-street parking. The music event shall not occupy required parking for the principal use of the site. 6. The major outdoor musical performance must not interfere with other commercial and governmental activities or with the quiet enjoyment of residential property. 7. The stage, performers, speakers and amplifiers are located three hundred feet from any residence located in a residential zoning district. 8. The stage, speakers, and amplifiers are arranged in a design and manner that does not directly broadcast music at or toward a residence within three hundred feet of the stage. 9. Major outdoor music events shall be allowed between May 15th and October 15th and the live outdoor musical performance shall only occur on the dates and during the hours designated by the City Council. 10. Major outdoor music events shall not perform beyond 12 midnight. 11. The volume of the outdoor musical performance must be reasonable. The permit holder shall comply with all requests of the Sheriff’s Department to reduce volumes to mitigate nuisance complaints. 12. Failure to abide by these standards or the receipt of nuisance complaints may be grounds for denial of future major outdoor music permits for the property. Agenda Page 18 Mayor and Council Request for Action – July 18, 2022 Consent – Villa Bar & Grill Outdoor Music Permit Applications Page 2 of 2 KEY ISSUES: • The applicant has submitted a site plan. • For the event on July 23, the music will be played from 8 pm to 11 pm and on August 20, the music will be played from 7:30 pm to 11 pm. • The applicant has indicated they will abide by the noise requirements. • The applicant has submitted the fee for permits. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve or deny any Temporary Outdoor Music Permit. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the music permit. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Temporary Outdoor Music Application on file in the City Clerk’s office. • Music Site Plan Agenda Page 19 Agenda Page 20 Mayor and Council Request for Action _____________________________________________________________________________ July 18, 2022 SUBJECT: CONSENT – CITY CLERK – IMPOSE CIVIL PENALTIES FOR LIQUOR LICENSE VIOLATIONS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Adopt the following Resolutions imposing civil penalties for liquor license violations according to Albertville City Code section 4-1-15. • Resolution 2022-21 imposing civil penalty for a liquor license violation occurring on June 22, 2022, at Kwik Trip, INC dba Kwik Trip #1020, 6300 LaBeaux Avenue NE. • Resolution 2022-22 imposing civil penalty for a liquor license violation occurring on June 22, 2022, at Coborn’s INC dba Coborn’s Liquor, 5600 LaCentre Avenue NE. • Resolution 2022-23 imposing civil penalty for a liquor license violation occurring on June 22, 2022, at DGA Corporate dba El Bamba, 5986 Main Avenue. • Resolution 2022-24 imposing civil penalty for a liquor license violation occurring on June 22, 2022, at EK Restaurant LLC dba Villa Bar and Grill, 11935 59th Place NE. BACKGROUND: The Wright County Sheriff’s Department, along with Wright County Public Health staff performed alcohol compliance checks on the City’s liquor establishments on June 22, 2022. Under the direction of the Wright County Sheriff’s Department, an underaged buyer attempted to purchase alcoholic beverages at the licensed establishment throughout the City. The youth buyer was not disguised and provided their valid MN Driver’s License if asked for proof of age. Four of the licensed establishments failed the compliance check by selling alcohol to the underaged buyer. Three of the violations were the first in the last two-year period. One of the violations was the second within the last two-year period. The City is responsible for imposing civil penalties against the license holders. Minnesota Statute 340A.415 limits civil penalty fees to a maximum of $2,000 for each violation. The Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine establishes guidelines for the imposition of civil penalties against liquor licensee for liquor violations. Wright County Public Health continues to offer alcohol sale training classes for all Wright County Establishments. All establishments are notified of upcoming training classes and are encouraged to attend. KEY ISSUES: • The Wright County Sheriff’s Department performed alcohol compliance checks on the City’s liquor establishments on June 22, 2022. • Four of the license establishments failed the compliance checks by selling alcohol to an underaged buyer. • Three of the violations were the first and one of the violations was the second within the last two-year period. Agenda Page 21 Mayor and Council Request for Action – July 18, 2022 Consent – Impose Civil Penalties for Liquor License Violations Page 2 of 2 •The City Council has the authority under the provisions of MN Statute Section 340A.415 to either revoke the license, suspend the license for up to 60 days, impose a civil penalty of up to $2000 for each violation, or impose any combination of these sanctions. •The City has adopted guidelines for enforcement which are contained in Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine which call for fines for the first and second violation within a two-year period, subject to Council discretion. •Per Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine, if the licensee should wish to dispute the fine, the establishment will be given an opportunity to request a hearing in front of the Albertville City Council. •Wright County Public Health provides all Wright County establishments alcohol sales training classes. FINANCIAL CONSIDERATIONS: The City of Albertville 2022 Fee Schedule provides the violation fine amounts depending on the number of violations within a certain time frame. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to impose civil penalties on establishments that fail the alcohol compliance checks. Responsible Person: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: •Resolution No. 2022-21 imposing civil penalty for Kwik Trip #1020, 6300 LaBeaux Ave •Resolution No. 2022-22 imposing civil penalty for Coborn’s Liquor, 5600 LaCentre Ave •Resolution No. 2022-23 imposing civil penalty for El Bamba, 5986 Main Avenue •Resolution No. 2022-24 imposing civil penalty for Villa Bar and Grill, 11935 59th Place Agenda Page 22 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2022-21 RESOLUTION IMPOSING CIVIL PENALTY FOR A LIQUOR LICENSE VIOLATION OCCURRING ON JUNE 22, 2022 AT KWIK TRIP, INC DBA KWIK TRIP #1020, 6300 LABEAUX AVENUE NE WHEREAS, the Wright County Sheriff’s Department, along with the Wright County Public Health Staff, conducted alcohol compliance checks within the City of Albertville; and WHEREAS, on June 22, 2022, a liquor violation, sale of liquor to a minor, occurred at Kwik Trip #1020, 6300 LaBeaux Avenue NE in Albertville; and WHEREAS, the liquor license violation was the first occurrence at this establishment within a two-year period; and WHEREAS, the City Council has the authority under the provisions of Section 340A.415 of Minnesota Statutes to either revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2000 for each violation, or impose any combination of these sanctions; and WHEREAS, the City has adopted guidelines for enforcement which are contained in Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine which call for a $500 fine for the first violation within a two-year period, subject to Council discretion; and WHEREAS, per Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine, if Kwik Trip #1020 should wish to dispute the fine, the establishment will be given an opportunity to request a hearing in front of the Albertville City Council. NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that a civil penalty of $500 is hereby imposed on the license holder pursuant to Albertville City Code section 4-1-15. Adopted by the City Council of the City of Albertville this 18th day of July 2022. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 23 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2022-22 RESOLUTION IMPOSING CIVIL PENALTY FOR A LIQUOR LICENSE VIOLATION OCCURRING ON JUNE 22, 2022 AT COBORN’S, INC DBA CORBORN’S LIQUOR, 5600 LACENTRE AVENUE NE STE 114 WHEREAS, the Wright County Sheriff’s Department, along with the Wright County Public Health Staff, conducted alcohol compliance checks within the City of Albertville; and WHEREAS, on June 22, 2022, a liquor violation, sale of liquor to a minor, occurred at Corborn’s Liquor, 5600 LaCentre Avenue NE Ste 114 in Albertville; and WHEREAS, the liquor license violation was the first occurrence at this establishment within a two-year period; and WHEREAS, the City Council has the authority under the provisions of Section 340A.415 of Minnesota Statutes to either revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2000 for each violation, or impose any combination of these sanctions; and WHEREAS, the City has adopted guidelines for enforcement which are contained in Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine which call for a $500 fine for the first violation within a two-year period, subject to Council discretion; and WHEREAS, per Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine, if Coborn’s Liquor should wish to dispute the fine, the establishment will be given an opportunity to request a hearing in front of the Albertville City Council. NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that a civil penalty of $500 is hereby imposed on the license holder pursuant to Albertville City Code section 4-1-15. Adopted by the City Council of the City of Albertville this 18th day of July 2022. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 24 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2022-23 RESOLUTION IMPOSING CIVIL PENALTY FOR A LIQUOR LICENSE VIOLATION OCCURRING ON JUNE 22, 2022 AT DGA CORPORATE DBA EL BAMBA, 5986 MAIN AVENUE WHEREAS, the Wright County Sheriff’s Department, along with the Wright County Public Health Staff, conducted alcohol compliance checks within the City of Albertville; and WHEREAS, on June 22, 2022, a liquor violation, sale of liquor to a minor, occurred at El Bamba, 5986 Main Avenue in Albertville; and WHEREAS, the liquor license violation was the first occurrence at this establishment within a two-year period; and WHEREAS, the City Council has the authority under the provisions of Section 340A.415 of Minnesota Statutes to either revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2000 for each violation, or impose any combination of these sanctions; and WHEREAS, the City has adopted guidelines for enforcement which are contained in Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine which call for a $500 fine for the first violation within a two-year period, subject to Council discretion; and WHEREAS, per Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine, if El Bamba should wish to dispute the fine, the establishment will be given an opportunity to request a hearing in front of the Albertville City Council. NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that a civil penalty of $500 is hereby imposed on the license holder pursuant to Albertville City Code section 4-1-15. Adopted by the City Council of the City of Albertville this 18th day of July 2022. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 25 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2022-24 RESOLUTION IMPOSING CIVIL PENALTY FOR A LIQUOR LICENSE VIOLATION OCCURRING ON JUNE 22, 2022 AT EK RESTAURANT LLC DBA VILLA BAR AND GRILL, 11935 59TH PLACE NE WHEREAS, the Wright County Sheriff’s Department, along with the Wright County Public Health Staff, conducted alcohol compliance checks within the City of Albertville; and WHEREAS, on June 22, 2022, a liquor violation, sale of liquor to a minor, occurred at Villa Bar and Grill, 11935 59th Place NE in Albertville; and WHEREAS, the liquor license violation was the second occurrence at this establishment within a two-year period; and WHEREAS, the City Council has the authority under the provisions of Section 340A.415 of Minnesota Statutes to either revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2000 for each violation, or impose any combination of these sanctions; and WHEREAS, the City has adopted guidelines for enforcement which are contained in Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine which call for a $1,000 fine for the second violation within a two-year period, subject to Council discretion; and WHEREAS, per Albertville City Code section 4-1-15 Suspension or Revocation of License; Civil Fine, if Villa Bar and Grill should wish to dispute the fine, the establishment will be given an opportunity to request a hearing in front of the Albertville City Council. NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that a civil penalty of $1,000 is hereby imposed on the license holder pursuant to Albertville City Code section 4-1-15. Adopted by the City Council of the City of Albertville this 18th day of July 2022. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 26 Mayor and Council Request for Action July 18, 2022 SUBJECT: CONSENT – ADMINISTRATION – GODDARD SCHOOL – LETTER OF CREDIT RELEASE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approval of the following motion: MOTION TO: Release Letter of Credit No. 163975275, held as security for the Goddard School, in full, conditioned on any outstanding balances owed to the City being paid in full. BACKGROUND: The Letter of Credit is held as performance and warranty security for various site improvements and is currently in the amount of $17,212. Vikram Aggarwal has requested a release of the Letter of Credit held for Lot1, Block 1, Heuring Meadows Commons. The project has surpassed the 2-year anniversary of the warranty period and staff is not aware of any deficiencies or needed repairs. Assuming the Developer is current with all fees owed to the City, it is recommended that Letter of Credit No. 163975275 be released. KEY ISSUES: • Current amount of LOC is $17,212 and it is recommended that it be released. • Recommendation is consistent with agreements and approvals. • The 2-year warranty period has expired. POLICY CONSIDERATIONS: It is City policy to have all Letter of Credit reductions approved by the City Council FINANCIAL CONSIDERATIONS: There are no financial implications for this request. LEGAL CONSIDERATIONS: The City has the legal authority under the development agreement to reduce or release the Letter of Credit upon completion of the required improvements or deny requests for reduction if the required improvements are found unacceptable. Submitted Through: Adam Nafstad, City Administrator-PWD On File: LOC Reduction History Agenda Page 27 Fire Department Update July 18th, 2022 GENERAL ADMINISTRATION: • Request for Council Action o 2022 Fire Department Standard Operating Policies and Procedures • Verbal Update o Albertville - Otsego Fire Protection Agreement ATTACHMENTS: • 2022 Fire Department Standard Operating Policies and Procedures - PROPOSED • 2023 Albertville - Otsego Fire Protection Agreement - DRAFT Agenda Page 28 Mayor & Council Request for Action July 18, 2022 SUBJECT: FIRE – 2022 STANDARD OPERATING POLICIES AND PROCEDURES RECOMMENDATION: Staff respectfully requests City Council consideration regarding the revised and updated 2022 Fire Department Standard Operating Policies and Procedures. MOTION TO: Approve revisions and updates to the 2022 Fire Department Standard Operating Policies and Procedures. BACKGROUND: The current Fire Department Standard Operating Policies and Procedures (SOP) were last updated, and approved, by City Council in April of 2021. During the last couple months, a new SOP format and the proposed updates were worked through by the Fire Department and the Board of Officers. In 2021, the Department’s operational and response guidelines, including the selection of the Board of Officers, were removed from the SOP’s and placed in the Fire Department’s Standard Operating and Response Guidelines (SOG), which do not need City Council approval for any operational or response changes. This update, would move the Board of Officers selection back into the SOP’s. The proposed, draft, SOP revisions were discussed and approved by the Board of Officers. The following is a summary of the 2022 SOP revisions and updates: • Section 4.1 – Appointments, Employment, Hiring, and Promotions o New Section Title • Sub-Section 4.1.3 – Appointment and Promotional Authorization o Added language that City Council is responsible for approving all appointments and promotions  Would include movement from Reserve Firefighter to Paid-On-Call Probationary Firefighter  Would include all Board of Officer promotions • Chapter 6.0 – Board of Officer Job Descriptions, Duties, and Position Requirements o Moved the Board of Officer Chapter back into the SOP o New Chapter Title • Section 6.3 – Board of Officers – Composition o New Chapter Title o Outlines two separate procedures for movement into or within the Board of Officers • Sub-Section 6.4.1 – Direct Appointments o Sets up a procedure for the Fire Chief to appoint a current member of the Board of Officers to an equal, or higher, rank within the Board of Officers. o Requires Fire Advisory Committee approval o Requires City Council Approval (See Section 4.1.3) Agenda Page 29 Mayor and Council Request for Action – July 18, 2022 Fire – Standard Operating Policy Updates Page 2 of 2 • Sub-Section 6.4.2 – Promotional Process o Confirms the procedure for the Fire Chief to promote any eligible AFD member to an open position in the Board of Officers o Requires City Council Approval (See Section 4.1.3) If approved by Council, the updated SOP’s will be implemented immediately and effective July 19, 2022. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy for Council to review and approve policies as they deem necessary. Responsible Person: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Draft 2022 Fire Department Standard Operating Policies and Procedures Misc.: • The full AFD SOP’s are available on request Agenda Page 30 Albertville Fire Department Standard Operating Policies and Procedures Policy Title: Equal Opportunity Employment Chapter: 4.0 Administrative Policies and Procedures Section: 4.1 Appointments, Employment, Hiring, and Promotions Sub-Section: 4.1.1 Equal Opportunity Employment Date: 04/20/2021 Updated: 07/18/2022 Page: 1 of 1 Page 1 of 1 4.1 Appointments, Employment, Hiring, and Promotions 4.1.1 Equal Opportunity Employment A. The AFD is committed to providing equal opportunity in all areas of employment, including but not limited to recruitment, hiring, demotion, promotion, transfer, selection, lay-off, disciplinary action, termination, compensation and selection for training. The AFD will not discriminate against any Firefighter or job applicant on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, and familial status. Agenda Page 31 Albertville Fire Department Standard Operating Policies and Procedures Policy Title: Employment Authorization Chapter: 4.0 Administrative Policies and Procedures Section: 4.1 Appointments, Employment, Hiring, and Promotions Sub-Section: 4.1.2 Employment Authorization Date: 04/20/2021 Updated: 07/18/2022 Page: 1 of 1 Page 1 of 1 4.1 Appointments, Employment, Hiring, and Promotions 4.1.2 Employment Authorization A. The Fire Chief, or designee, shall manage the hiring process for AFD positions. All new hires will be selected according to merit related to the position being filled. While the hiring process will be coordinated by City Staff, the City Council is responsible for the final hiring decision and shall approve all hires prior to AFD employment. Agenda Page 32 Albertville Fire Department Standard Operating Policies and Procedures Policy Title: Appointment and Promotional Authorization Chapter: 4.0 Administrative Policies and Procedures Section: 4.1 Appointments, Employment, Hiring, and Promotions Sub-Section: 4.1.3 Appointment and Promotional Authorization Date: 07/18/2022 Updated: 07/18/2022 Page: 1 of 1 Page 1 of 1 4.1 Appointments, Employment, Hiring, and Promotions 4.1.3 Appointment and Promotional Authorization A. The Fire Chief, or designee, shall manage the appointment and promotional process for open Paid-On-Call Probationary Firefighter and/or Board of Officer positions. All appointments and promotions shall follow the AFD Standard Operating Policies and Procedures as outlined in this document, for each respective position. While the appointment and promotional process will be coordinated by City Staff, the City Council is responsible for the final decision and shall approve all appointments and promotions. Agenda Page 33 Albertville Fire Department Standard Operating Policies and Procedures Policy Title: Employment Eligibility - Requirements and Process Chapter: 4.0 Administrative Policies and Procedures Section: 4.1 Appointments, Employment, Hiring, and Promotions Sub-Section: 4.1.4 Employment Eligibility - Requirements and Process Date: 04/20/2021 Updated: 07/18/2022 Page: 1 of 2 Page 1 of 2 4.1 Appointments, Employment, Hiring, and Promotions 4.1.4 Employment Eligibility - Requirements and Process A. All potential Firefighters shall be at least 18 years of age. B. All potential Firefighters shall complete and successfully pass the AFD hiring process. This process shall include, but is not limited to: 1. Application: a. All applications are due by the date/time posted in the job announcement. b. The applications shall be scored and ranked. c. List of applicants to be interviewed shall be based on ranking of applications and staffing needs of the AFD, but no interviews shall be granted for any applicant scoring less than 6 out of 10 points on their application. 2. Initial Interview: a. The Interview Panel shall consist of at least 2 Officers with a minimum of 5-years of AFD experience. i. If any Firefighter chooses to be on the Interview Panel they shall have a minimum of 5-years of AFD experience. ii. The interview shall be scored by the Interview Panel and an average score of 60% is required for the applicant to be eligible for consideration for appointment to the AFD. iii. The interview is set up to return spontaneous and truthful answers from the applicant. The ability to re-apply and retake the interview allows the applicant to coach themselves after the initial interview, thus making their answers unreliable. Any applicant who receives an average score of less than 60% on an initial interview shall be ineligible for another interview for a period of five years. 3. Physical Ability Test 4. Reference Checks 5. Final Interview: a. The Final Interview Panel shall consist of the Fire Chief, and/or Deputy Fire Chief, and/or Assistant Fire Chief i. The interview shall be scored by the Final Interview Panel Agenda Page 34 4.1.4 Employment Eligibility - Requirements and Process Page 2 of 2 6. Conditional Job Offer 7. MN BCA Background and Criminal History Checks 8. Pre-employment Medical Exams / Drug Testing 9. Pre-employment Psychological Exams and Interview 10. If a candidate is rejected for employment based on the results of the background checks, medical exam, and/or psychological exam and interview they will be notified of this determination. 11. City Council Approval / Appointment C. Employment Response Requirements 1. All potential, and active, Firefighters shall live within a 15-minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. Agenda Page 35 Albertville Fire Department Standard Operating Policies and Procedures Policy Title: Physicals and Fit-Testing Chapter: 4.0 Administrative Policies and Procedures Section: 4.1 Appointments, Employment, Hiring, and Promotions Sub-Section: 4.1.5 Physicals and Fit-Testing Date: 07/01/2022 Updated: 07/01/2022 Page: 1 of 1 Page 1 of 1 4.1 Appointments, Employment, Hiring, and Promotions 4.1.5 Physicals and Fit-Testing A. The AFD recognizes that many of the tasks performed by Firefighters are physically demanding and stressful. Each Firefighter should be able to handle any physical task on any emergency response. B. The Fire Chief and/or Board of Officers shall approve any physical or fitness evaluation program. C. A physical exam shall be required for each Firefighter at a minimum of every two-years. D. An SCBA Fit-Test shall be required every year. Agenda Page 36 Albertville Fire Department Standard Operating Policies and Procedures Policy Title: Board of Officers - Composition Chapter: 6.0 Board of Officer Job Descriptions, Duties, and Position Requirements Section: 6.3 Board of Officers - Composition Date: 04/20/2021 Updated: 07/18/2022 Page: 1 of 1 Page 1 of 1 6.3 Board of Officers – Composition A. The Board of Officers shall be composed of the following positions, and shall be appointed or promoted as outlined in Section 6.4.1 (Board of Officers – Direct Appointments) and Section 6.4.2 (Board of Officers – Promotional Process) of the AFD Standard Operating Policies and Procedures: 1. Fire Chief a. Appointed by the City Council b. Reports to City Administrator and/or City Council 2. Deputy Fire Chief a. Appointed by the Fire Chief b. Reports to the Fire Chief 3. Assistant Fire Chief a. Appointed by the Fire Chief b. Reports to Deputy Fire Chief and/or Fire Chief 4. Training Captain a. Appointed by the Fire Chief b. Reports to Deputy Fire Chief, and/or Fire Chief 5. Captains a. Appointed by the Fire Chief b. Reports to Assistant Fire Chief, Deputy Fire Chief, and/or Fire Chief 6. Lieutenants a. Appointed by the Fire Chief b. Reports to Captains, Assistant Fire Chief, Deputy Fire Chief, and/or Fire Chief Agenda Page 37 Albertville Fire Department Standard Operating and Response Guidelines Policy Title: Board of Officers – Direct Appointments Chapter: 6.0 Board of Officer Job Descriptions, Duties, and Position Requirements Section: 6.4 Board of Officers – Direct Appointments and Promotional Process Sub-Section: 6.4.1 Board of Officers – Direct Appointments Date: 07/18/2022 Updated: 07/18/2022 Page: 1 of 1 Page 1 of 1 6.4. Board of Officers – Direct Appointments and Promotional Process 6.4.1 Board of Officers – Direct Appointments A. When a position(s) opens in the Board of Officers, the Fire Chief may move to fill the open position(s) by direct appointment, without a promotional process. i. The direct appointment(s) shall be made from the exisiting members of the Board of Officers. ii. The appointment shall be to an equal or higher rank in the Board of Officers. iii. The appointment shall be approved by the City’s Fire Advisory Committee. B. The City Council is responsible for the final appointment decision and shall approve all appointments and promotions as outlined in Section 4.1.3 (Appointment and Promotional Authorization) of the AFD Standard Operating Policies and Procedures. Agenda Page 38 Albertville Fire Department Standard Operating and Response Guidelines Policy Title: Board of Officers – Promotional Process Chapter: 6.0 Board of Officers Job Descriptions, Duties, and Position Requirements Section: 6.4 Board of Officers – Direct Appointments and Promotional Process Sub-Section: 6.4.2 Board of Officers – Promotional Process Date: 04/20/2021 Updated: 07/18/2022 Page: 1 of 1 Page 1 of 1 6.4 Board of Officers – Direct Appointments and Promotional Process 6.4.2 Board of Officers – Promotional Process A. When a position(s) opens in the Board of Officers, the Fire Chief may move to fill the open position(s), from the eligible AFD membership, by a promotional process. B. Should the promotional process be used, it shall include: 1. Application and Supplemental Questionnaire (10%) a. See Section 6.1 (Board of Officers - Position Requirements) of the AFD Standard Operating Policies and Procedures 2. Call Percentage (10%) a. Two full calendar years 3. Activity Time (10%) a. Two full calendar years 4. Peer Review (10%) 5. Written Test (20%) 6. Final Interview (40%) a. Final Interview panel composition shall be determined based on the rank of open position(s) 7. The highest scoring candidate(s) for the open position(s) will be presented to the City Council for approval / appointment. C. The City Council is responsible for final promotional decisions and shall approve all appointments and promotions as outlined in Section 4.1.3 (Appointment and Promotional Authorization) of the AFD Standard Operating Policies and Procedures. Agenda Page 39 FIRE PROTECTION AGREEMENT WITH THE CITY OF OTSEGO This agreement is made and entered into by and between the City of Albertville (Albertville), a municipal corporation located in the County of Wright, State of Minnesota, and the City of Otsego (Otsego), a municipal corporation located in the County of Wright, State of Minnesota. WHEREAS, Otsego desires the services of the Fire Department of Albertville in case of fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Otsego desires the fire protection and emergency medical services response of the Fire Department of Albertville, in case of emergencies occurring in Otsego, and WHEREAS, Albertville maintains a volunteer Fire Department with emergency medical response capability, which the Fire Department is available to provide fire protection and emergency medical services response to properties located in Otsego, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its Fire Department, shall provide fire protection and emergency medical response services, attached as Exhibit A to this Agreement, to those properties in Otsego identified on the Fire Service Area (FSA) map, attached as Exhibit B to this Agreement. Fire service provided by Albertville includes general structural and nonstructural, grass and forest, and vehicle firefighting and general rescue services including vehicle and equipment extraction and general search and rescue, hazardous materials response, fire code enforcement (but only on existing commercial and industrial structures located in the Fire Service Area) and surface-level ice and water rescue. Such fire protection and emergency medical services response shall be provided from January 1, 2023 through December 31, 2024, unless otherwise terminated pursuant to the terms of this Agreement. A. Otsego may adjust the FSA effective January 1st of any year by providing Albertville with an amended exhibit B no later than September 1st of the preceding year. 2. Otsego shall pa y Albertville a Fire Service Fee (“Fire Service Fee”) annually according to the formula set forth in this paragraph in exchange for the provision of fire protection and emergency medical services response as described above. Annual payments shall be made in two equal installments on or before every January 31st and July 31st four equal installments on or before every April 1st, July 1st, October 1st and December 31st. The Fire Service Fee shall be calculated by multiplying the adjusted Fire Department budget, as set by the Albertville City Council, for the year fire service is to be provided (consisting of the Fire Department budget less state fire aids received) times the value of the Taxable Tax Capacity within the Fire Service Area FSA that is located in Otsego divided by the total Taxable Tax Capacity of the entire Fire Service Area FSA, where the Taxable Tax Capacity is the Taxable Tax Capacity Agenda Page 40 used to calculate the real property taxes due in the year fire service is provided. For example, if the Fire Department budget is $380,000, the Taxable Tax Capacity of the Fire Service Area FSA in Otsego is $3,000,000, and the total Taxable Tax Capacity of the entire Fire Service Area FSA is $10,000,000, then Otsego’s annual payment to Albertville for that year under this Agreement would be $114,000, calculated as $380,000 times ($3,000,000/$10,000,000). Albertville shall issue a statement to Otsego by August of each year detailing the following year’s estimated Fire Service Fee amount due. In the event that Otsego disputes Albertville’s calculations or the basis for the calculations, the parties shall, within thirty (30) days after such objections are delivered to Albertville, meet and negotiate in good faith a resolution to the objections. 3. Otsego and Albertville’s respective City Councils shall both appoint Council representatives to a Joint Fire Advisory Subcommittee for the purpose of reviewing ongoing fire service under this Agreement, the proposed fire budget, to address issues arising from the Agreement, to review the operating and capital budgets, and to plan for future joint fire and emergency response services. The Subcommittee shall meet as often as is necessary, but shall meet at least two (2) times per year. The Subcommitttee shall consist of two elected officials from each City, the City Administrator of each City, the Finance Directors from each City and the Albertville Fire Chief. The Subcommittee shall develop a plan to address the long-term direction of the department. 3. Albertville shall take all reasonable steps to ensure that it has at all times adequate firefighting and medical personnel and equipment available and ready to provide protection to Otsego’s citizens and property as provided for in this Agreement. 4. Albertville shall at all times, keep in place liability insurance coverage to protect Otsego’s interests and to fulfill Albertville’s obligations under this Agreement in at least the amount of the maximum tort liability limits set forth in Minn. Stat. 466.04. 5. Albertville shall fully indemnify, hold harmless and defend Otsego from all claims arising out of the negligence of Albertville, its employees, officers or agents in performing its duties under this Agreement, provided such indemnification shall not exceed the maximum tort liability limits set forth in Minn. Stat. 466.04. 6. Albertville’s obligation to provide fire protection service and emergency medical services response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men personnel and equipment, in the opinion of the Fire Chief or his Deputy in charge, no obligation arises under this agreement on the part of the City of Albertville to answer such call and no person or party shall have recourse against the City of Albertville or City of Otsego for reasonable refusal to answer such call. b. In the event that a sufficient amount of the firefighting/medical equipment and the number of volunteer firefighters, or both, are committed at the time of the fire call, in sole judgment Agenda Page 41 of the Fire Chief or his Deputy, to fighting pre-existing fires or attending a pre-existing emergency, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, provided that Albertville makes all reasonable efforts to answer the fire or medical call in Otsego, including requests for mutual aid. c. In the event a fire or other emergency call by Otsego is answered by Albertville, but before the fire in question is extinguished or the emergency is fully abated, the firefighting equipment, emergency equipment, or volunteer firefighters, or any combination thereof, are needed to fight another fire or respond to another emergency elsewhere in the Fire Service Area FSA, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in his reasonable judgment, redeploy the firefighting equipment, volunteer firefighters and emergency response equipment as they deem necessary given the competing emergency situations. If a decision is made to leave a pre- existing fire in Otsego, Albertville shall utilize all resources reasonably at its disposal to provide alternative services to extinguish the fire in Otsego, including requests for mutual aid. The reasonable judgment of the Fire Chief or his Deputy shall be final, and no person or party shall have recourse against the City of Albertville or the City of Otsego for any damages or losses resulting from such action or decision. d. The parties acknowledge that Albertville has entered into mutual aid contracts with other Fire Departments in other municipalities, and that in the event of concurrent fire calls or other concurrent emergencies within the Fire Service Area FSA, Albertville will call for mutual aid to serve one or all such emergencies as deemed necessary by the Fire Chief or his Deputy. e. Third parties shall have no recourse under this Agreement against either party to the Agreement. f. Because the City of Albertville has heretofore entered into mutual assistance firefighting agreements with other municipalities possessing firefighting equipment and firefighters, which equipment and firefighters could be called by the Chief or his Deputy to a fire or other emergency in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if, in the sole reasonable judgment of the Chief or his Deputy, such additional firefighting equipment/emergency response equipment and firefighters are needed to respond to an emergency in Otsego and are in fact called to such emergency by the Chief or his Deputy. Otsego shall be provided an itemized list and explanation for any additional costs incurred under this section and billed to Otsego. g. Otsego shall adopt an emergency services response fee ordinance that imposes a fee upon vehicle-related emergency responses occurring within the Fire Service Area FSA that are responded to by Albertville. Such ordinance shall adopt the same fee schedule as Albertville’s Ordinance Establishing Charges for Emergency Response Services for vehicle-related emergency responses. All such fees collected by Otsego shall be remitted to Albertville. Agenda Page 42 7. This agreement shall run for the period set forth in paragraph 1, provided, however, that this Agreement may be terminated by either party following one year’s written notice to the other party. In such case, this Agreement shall terminate on the first December 31st following the first anniversary of the termination date (e.g., if a termination notice is served on October 17, 2023, this Agreement would terminate on December 31, 2024). Written notice of termination shall be effective upon personal service of the termination notice upon the City Clerk of the non-terminating city. 8. This Agreement shall commence on January 1st, 2023 and shall remain in effect unless and until terminated as provided below: A. By Agreement i. This Agreement may be terminated at any time during its term by mutual agreement of the parties. Such mutual agreement to terminate shall be in writing and shall be effective when fully executed by both parties. B. By Either Party i. Either party may terminate this Agreement by serving a 365-day written notice of termination to the other party. This Agreement shall terminate on the December 31st following the 365-days from the date of written notice of termination, unless the party serving the notice specifies a later date of termination or withdraws the notice of termination in writing before it is effective. C. By Albertville i. If Otsego fails to pay for services as provided in this Agreement hereof, Albertville may terminate this Agreement upon 60 days’ written termination notice. ii. If Otsego fails to reimburse Albertville for mutual aid costs as provided in this Agreement hereof or fails to collect and forward to Albertville penalties for false alarms as provided in this Agreement hereof, Albertville may give 30 days’ notice to make payment or settle any dispute. In the event that payment is not made, or any dispute is not resolved within the 30-day period, Albertville may terminate this Agreement upon 180 days written termination notice. D. Effect of Termination i. In the event this Agreement is terminated, Otsego shall still be responsible for paying in full any amount owed to Albertville for Services provided under this Agreement up to the date of termination. Notice to either party shall be made to the Office of the City Clerk. 9. If requested, Albertville shall provide Otsego with the names and addresses of those parties served in Otsego with fire, medical or rescue services along with the incident report from the event. Otsego may bill such parties separately and keep the proceeds from such billings, except that the proceeds from vehicle-related responses shall be treated in accordance with the provisions of paragraph 7G above. 10. The Cit y of Albertville shall require the City of Otsego City Administrator to review the Minnesota Department of Revenue Apportionment Agreement of Fire Service Area Form Agenda Page 43 annually with any Fire Departments providing fire protection to the City of Otsego, and apportion the population and estimated market value (EMV) of the property in the jointly covered area (Minn. Stat. § 69.021, subd. 7, para. (c)). This review shall be completed prior to July 1st of each calendar year. If any changes to the apportionment percentages are necessary, these changes shall be signed by all individual Fire Departments and submitted to the MN Department of Revenue prior to August 1st of that same calendar year, to allow the changes to take effect the next calendar year. This change will then be reflected in each individual Fire Department’s Minnesota Department of Revenue Form FA-1, Fire Equipment Certification. 11. All parties acknowledge that excessive false alarms constitute a public nuisance. The City of Otsego agrees to enact a false alarm ordinance substantially similar to that in force in Albertville and to enforce such false alarm ordinance and to collect and forward to the City of Albertville penalties and fees collected from properties within the Fire Service Area FSA for excessive false alarms. 12. Albertville shall enforce its false alarm ordinance. 13. Albertville owns all fire/rescue equipment used by the Fire Department and shall have the sole discretion to determine when and how to dispose of such equipment, provided, however, that the proceeds from the sale of such equipment shall be credited to Albertville’s Fire Department fund. 14. Albertville owns the fire hall and shall have the sole discretion to determine when and how to dispose of it, provided, however, that the proceeds from the sale of the fire hall shall be credited to Albertville’s Fire Department fund. Agenda Page 44 15. Commencing on January 1st, 2023, Albertville shall undertake required Fire Inspections within the Albertville FSA of Otsego. a. Process and Indemnification i. Otsego shall provide to Albertville a list of sites that require bi-annual fire inspections. ii. Albertville shall provide to Otsego, at the time of billing, documentation and reports (in written or electronic format) regarding each inspection setting forth the address of the site inspected, the time spent on the inspection, observations made at the site, and the result of the inspection. iii. Albertville shall defend, hold harmless and fully indemnify Otsego from any and all claims or causes of action of whatever nature resulting from or arising from the fire inspections undertaken pursuant to this Agreement. However, nothing in this Agreement shall waive any immunities or liability caps applicable to Albertville under Minnesota statutory or case law, including Minnesota Statutes, Chapter 466. b. Reimbursement for Fire Inspection Services i. Otsego shall pay to Albertville, upon receipt of properly detailed billing, $50.00 per hour only for time spent on fire inspection within Otsego. No additional costs such as mileage will be paid above the $50.00 per hour above stated. Agenda Page 45 7 EXHIBIT A: SERVICES Albertville’s Fire Department agrees to provide Otsego the following services, subject to the terms and conditions of the Agreement: • Structural Firefighting, specifically: o Exterior Structural Firefighting o Interior Structural Firefighting • Grass/Forest Firefighting • Other Firefighting, specifically: o Vehicle & Equipment Firefighting • Technical Rescue, specifically: o Vehicle & Equipment Extrication o General Search and Rescue o Surface Ice and Water Rescue • Other, specifically: o Investigation of Fire and Carbon Monoxide Alarms • Hazardous Materials Response, specifically: o Haz-Mat Awareness Level o Haz-Mat Operations Level • Emergency Medical Services, specifically: o Emergency Medical Responder Level to Medical Emergencies as requested by Allina Health EMS Dispatch and/or Wright County Dispatch o Emergency Medical Responder Level to Personal Injury Accidents as requested by Allina Health EMS Dispatch and/or Wright County Dispatch • Disaster Response, specifically: o Initial response for rescue, life-safety and incident stabilization (not including emergency management related functions) Agenda Page 46 8 EXHIBIT B Fire Service Area (FSA) Agenda Page 47 9 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this ________ day of _________________________, 2022. CITY OF ALBERTVILLE CITY OF OTSEGO By: ___________________________ By: _________________________ Jillian Hendrickson, Mayor Jessica Stockamp, Mayor ATTEST: ___________________________ _________________________ Kris Luedke, City Clerk Audra Etzel, City Clerk Agenda Page 48 Mayor and Council Request for Action ______________________________________________________________________________ July 18, 2022 SUBJECT: PUBLIC WORKS – APPROVE PURCHASE OF S66 T4 BOBCAT SKID STEER LOADER RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Approve purchase of a new S66 T4 Bobcat Skid Steer Loader in the amount of $51,141 and trading in the city’s 2016 S630 for a trade-in amount of $30,000. BACKGROUND: The Public Works Department would like to replace the 2016 Bobcat with a new 2022 S66 T4 Bobcat. As part of the purchase, the dealer has committed to an annual trade for a new machine for $3,000. Annual usage for the Bobcat is approximate 350hr/yr. The annual trade program costs the city approximately $9 per hour of usage and generally eliminates any service repair or maintenance costs. KEY ISSUES: • The Bobcat is scheduled for replacement in 2026; however, replacing the machine now and taking advantage of the annual $3,000/year trade-in program is believed to be in the city’s best interest. • The amount quoted for the new machine is based on MN State Bid pricing. • The skid steer is a critical piece of equipment and used year-round by the city. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve equipment purchases. FINANCIAL CONSIDERATIONS: The skid steer will be funded through public works capital reserve funds designated for equipment. The price of the new Bobcat is $51,142 and the trade-in amount of the old 2016 Bobcat is $30,000. After trade-in the cost of the new Bobcat is $21,142. Responsible Person: Tim Guimont, Public Works Supervisor Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Bobcat quote Agenda Page 49 -Bobcat. Ship to CITY OF ALBERTVILLE Attn: TIM 11822 63RD ST NE ALBERTVILLE, MN 55301 Description Product Quotation Quotation Number: 368910036914 Date: 2022-05-26 17:50:14 Bobcat Dealer Theco, Inc., Big Lake, MN 14833 164th Avenue SE Big Lake MN 55309 Phone: 763-263-0505 Fax: Contact: Max Ditty Phone: 7633557786 Cellular: 7633557786 E Mail: max@thecoinc.com Bill To CITY OF ALBERTVILLE Attn: TIM 11822 63RD ST NE ALBERTVILLE, MN 55301 Qty Price Ea. S66 T4 Bobcat Skid Steer Loader P29 Performance Package Part No M0347 I $41,497.52 M0347-P06-P29 l $2,732.20 Total $41,497.52 $2,732.20 Power Bob Tach Attachment Control C52 Comfort Package "Standard Enclosed Cab with AC/Heat Sound Reduction Radio Ready Selectable Joystick Controls Rear View Camera Radio Completion Kit 74" Heavy Duty Bucket Bolt-On Cutting Edge, 74" Description LOW PROFILE STROBE Total of Items Quoted Freight Charges Trade-in S630 WITH BUCKET Quote Total -US dollars Notes: Two-Speed Dual Direction Bucket Positioning Automatic Ride Control Reversing Fan M034 7-P07-C52 HV AC Headliner Adjustable Suspension Seat" M034 7-RO 1-C04 7384581 7384580 7272680 6718007 Part No 1 1 1 I I Qt y 1 $3,919.32 $616.36 $465.21 $233.75 $1,135.20 $242.28 Price Ea. $300.00 $3,919.32 $616.36 $465.21 $233.75 $1,135.20 $242.28 Total $300.00 $51,141.84 $0.00 ($30,000.00) $21,141.84 $506.92 DIFFERENCE BETWEEN THE P28 AND P29 PACKAGE. P29 PACKAGE INCLUDES REVERSING FAN REARVIEW CAMERA AND RADIO COMPLETION KIT INLCUDED IN PRICE ANNUAL TRADE OF $3000 BASED ON MACHINE USAGE OF 350-400 HRS (SUBJECT TO A 5% INCREASE BASED ON OVER USAGE). MACHINE WILL BE DELIVERED WITH BLOCK HEATER, FUEL AND GREASED I All prices subject to change without prior notice or obligation. This price quote supersedes all precedin� price quotes. Customer Acceptance: Purchase Order: ----------- Authorized Signature: Agenda Page 50 Mayor and Council Request for Action July 18, 2022 SUBJECT: LEGAL – CLEANUP OF MAEYAERT PROPERTY RECOMMENDATION: No action needed---this is simply an update on the Maeyaert Property cleanup. BACKGROUND: Pursuant to the Court order, the City’s contractor cleaned up the Maeyaert property on July 5th and 6th. Chuck Maeyaert was cooperative throughout the cleanup process and managed to move a number of items off the property himself. The City’s contractor removed seven 40-yard dumpsters of dilapidated lumber, junk, old piping, concrete, scrap metal, rock, dirt and other materials from the property. The contractor also removed a portion of the Maeyaert concrete driveway and much of the rock that made up the second gravel driveway located east of the pond. The contractor regraded the back yard and park property that had been partially filled by Maeyaert and seeded the entire area. The Maeyaert back yard is back to its approximate grade at the time the subdivision was developed in the 1990s. All fork lifts and pallets of materials have been removed from his driveway in front of his garage. At this point there remains a bundle of old bleacher boards stored on the Maeyaert patio under his second story house addition along with one pallet of retaining wall blocks. Maeyaert intends on installing the bleacher boards on the underside of his existing addition (what would be the ceiling of the patio) and intends on installing a retaining wall in his back yard. He has until August 11th to finish those projects or the City will call the contractor back out to the site to remove the wood and block. Also remaining are a number of fork lifts and other equipment in a fenced in enclosure attached to the side of his house. Mr. Maeyaert finished erecting the fence on July 6th and he will be permitted to use that area to store items as long as the entire area remains fenced. Finally, two paddle boats remain in the pond on the property, but these are considered recreational vehicles and are permitted on his property under the zoning ordinance. I have informed Mr. Maeyaert that under the Court’s order, he cannot store any more equipment or materials in the yard or on the drive, including fork lifts or other heavy machinery. City costs to date are approximately $22,000 in contractor costs and $15,288 in Attorney’s fees and court costs. All of these costs will be special assessed to the Maeyaert property for collection with the 2023 property taxes. Pictures of the property as it existed on July 6th at the conclusion of the cleanup are attached. Staff expects that the City will need to monitor the property on a regular basis to make sure that it does not return to its former state. Department/Responsible Person: Mike Couri, City Attorney Agenda Page 51 Mayor and Council Request for Action – July 18, 2022 Legal - Cleanup of Maeyaert Property Page 2 of 2 Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Photos of the Maeyaert property Agenda Page 52 Agenda Page 53 Agenda Page 54 Agenda Page 55 Agenda Page 56 Agenda Page 57 Agenda Page 58 Agenda Page 59 Agenda Page 60 City Administrator’s Update July 14, 2022 GENERAL ADMINISTRATION Commission and Committee Appreciation Event: We are working on potential dates for the appreciation event for our Commissioners and Park Committee members. 2022 Elections: Filing for City Offices begins August 2 and run through August 16. Absentee voting for the August 9 Primary Election began on June 24 and continues through August 8, 2022. The City Hall will also be open on Saturday, August 6 from 10 am to 3 pm for absentee voting. Joint Governance Meeting: The Joint Governance meeting with the City of St. Michael and the STMA School Board is scheduled for August 29, 2022 at 6 pm at Albertville City Hall. Gas Franchise Fee: We are working on a fee option for the City’s franchise with CenterPoint. We are waiting on information from CenterPoint and expect to have options for the Council to consider in the near future. Baseball Scoreboard: The Albertville Lions donated funds to furnish and install an electronic score board at the Central Park baseball field (Field #3). Staff is working with the various baseball groups to finalize the scoreboard design and will present the final design to the Council in August. ENGINEERING/PUBLIC WORKS 2022 Overlay Project: The Contractor has the overlay streets on the east side of the city complete. Work on the overlay streets on the west side of side of the city (Albert Villas area) began July 5 and will be completed in August. Barthel Industrial Dr. Project: A pre-construction meeting was held on July 14. The Contractor has scheduled the work to begin on August 1 and plans to be have all work complete by September 1. 53rd and CSAH 19 Signal: Plans are near complete and the project will be bid in August. Lift Station Upgrades: Public Works is working on 4 lift station upgrades. Generally, upgrades are related to control panels and electrical components. Eligible expenses can be paid with ARPA funds otherwise are paid with enterprise capital reserves. WWTP Reed Bed Elimination: Concept plans for biosolid improvements and related WWTP site improvements will be presented at the first meeting in August. County Highway 37 Construction: The County Highway (Hwy) 37 project, from Hwy 19 to Hwy 18, is underway and is scheduled to be completed by October 15, 2022. Agenda Page 61