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2013-12-02 CC Agenda City of Albertville Council Agenda Monday, December 2, 2013 City Council Chambers 7:00 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. M:\Public Data\City Council\Council Agendas\2013 Agendas\120213 Council Agenda.doc Meeting Date: December 2, 2013 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations - Introductions 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the November 18, 2013 regular City Council meeting minutes as presented (pgs 4-10) B. Authorize the Monday, December 2, 2013 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request (pg 11) C. Approve the Region 7W Transportation Memorandum of Understanding (pgs 12-26) 7. Public Hearings - None 8. Department Business A. City Council 1). Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, etc.) B. Finance 1). Approve the 2014 Budget and Levy (pgs 27-31) (Motion to Approve the Resolution No. 2013-045 entitled a Resolution Adopting Property Tax Levy Collectible in 2014; and, approve the Resolution No. 2013- 046 entitled a Resolution Adopting the 2014 Final Budget.) Agenda Page 1 City of Albertville Council Agenda Monday, December 2, 2013 Page 2 of 3 M:\Public Data\City Council\Council Agendas\2013 Agendas\120213 Council Agenda.doc Meeting Date: December 2, 2013 2). 2014 Fee Schedules (pgs 32-52) (Motion to Approve Resolution No. 2013-0047 entitled a Resolution Setting 2014 Fees for Services and Violation Fines for the City of Albertville. Motion to Approve Ordinance No. 2013-010 entitled an Ordinance Amending Title 11 Subdivision Regulations, Section 11-2-7: Fees, Charges, and Expenses and Appendix A – Zoning Ordinance, Section 100.10, Fees, Charges, and Expenses of the Albertville City Code.) C. City Clerk - None D. Public Works / Engineering - None E. Planning/Zoning - None F. Building - None G. Legal 1). City Attorney’s Report (pgs 53-54) H. Administration 1). City Hall Terrazzo Floor Restoration (pgs 55-56) (Motion to approve the quote from ACT Restoration in the amount of $9,518.00 to restore the terrazzo floor on the main level of City Hall.) 2). City Administrator’s Update (pgs 57-65) 9. Announcements and/or Upcoming Meetings December 9 STMA Ice Arena Board, 6:00 p.m. December 10 Planning Commission, 7:00 p.m. December 12 Joyce Flury Retirement Party, 3:00 – 7:00 p.m. Senior Center, Program at 5:00 p.m. December 16 City Council, 7:00 p.m. December 23 Joint Powers Water Board, 6:30 p.m. December 24 City Offices Close at 12:00 Noon December 25 City Offices Closed January 1 City Offices Closed January 6 City Council, 7:00 p.m. January 13 STMA Ice Arena Board, 6:00 p.m. January 14 Plan ning Commission, 7:00 p.m. January 20 Martin Luther King, Jr. Day, City Offices Closed January 21 City Council, 7:00 p.m. January 27 Joint Powers Water Board, 6:30 p.m. Agenda Page 2 City of Albertville Council Agenda Monday, December 2, 2013 Page 3 of 3 M:\Public Data\City Council\Council Agendas\2013 Agendas\120213 Council Agenda.doc Meeting Date: December 2, 2013 JANUARY Su M Tu W Th F Sa H 1 2 3 4 5 CC 6 7 8 9 10 11 12 Ice 13 PC 14 15 16 17 18 19 H 20 CC 21 22 23 24 25 26 JP27PK 28 29 30 31 10. 5 Minute Recess – Move to East Conference Room 11. Consultant Reviews 12. City Administrator Review 13. Adjournment DECEMBER Su M Tu W Th F Sa 1 CC 2 3 4 5 6 7 8 Ice 9 PZ 10 11 12 13 14 15 CC 16 17 18 19 20 21 22 JP23 24 H 25 26 27 28 29 30 31 Agenda Page 3 Page 1 ALBERTVILLE CITY COUNCIL Monday, November 18, 2013 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER – PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:05 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch, and Wagner Absent: None Others Present: City Administrator-PWD Adam Nafstad, City Attorney Michael Couri, City Planner Alan Brixius, City Clerk Kimberly Olson, and Leighann Bethke 3. RECOGNITIONS, PRESENTATIONS, INTRODUCTIONS Representative Fitzsimmons was present at the meeting to discuss the Corridors of Commerce funding recently announced for a six-lane expansion from Highway 101 in Rogers to Highway 241 in St. Michael. He thanked City Council and staff for their support in the I-94 Coalition. He stated it took a large effort from many communities to make this project happen. He stated this is a very big step forward for future expansion of I-94. He stated the project should be completed by fall of 2015. 4. PUBLIC FORUM There was no one present to speak at the public forum. 5. APPROVAL OF THE AGENDA Clerk Olson added Truth in Taxation Hearing as B3. Nafstad added Niemeyer Trailer Sales as E1 under Finance. He also added Consultant and Administrator Reviews as H3 under Administration. Motioned by Sorensen, seconded by Hendrickson, to approve the agenda as amended. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 6. CONSENT AGENDA Agenda Page 4 City Council Meeting Minutes Page 2 Regular Meeting of November 18. 2013 All items under the Consent Agenda are considered to be routine by City Staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the November 4, 2013 regular City Council meeting minutes as presented B. Authorize the Monday, November 18, 2013 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 Resolution No. 2013-041 declaring City Observed Holidays D. Approve the STMA Youth Hockey Association’s Lawful Gambling Exempt Permit Application to hold a raffle on March 22, 2014 at the STMA Ice Arena E. Approve Agreement Establishing Regional Safety Group and Exhibit I of the agreement titled “Resolution No. 2013-042 Authorizing New Member in Regional Safety Group” Motioned by Sorensen, seconded by Olson, to approve the consent agenda as presented. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 7. PUBLIC HEARING – None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Arena, Planning, Parks, Fire Board, JPWB, etc.) There were no updates. B. City Clerk 1). 5502 Kali Avenue NE Olson reported that the property has had several code compliance issues and received three administrative fines when compliance was not met by the deadlines outlined in the Code Enforcement Policy. She stated there is only one issue that is currently outstanding at this time and the property has requested the administrative fines not be assessed to the property. Leighann Bethke, 5502 Kali Avenue NE, stated that she has corrected the other issues, but that for the last item remaining she requires assistance to move the shed away from the property line. She stated that she tried to comply with the codes, but could not meet the set deadlines. Wagner stated that he felt the policy is working if the other violations have been corrected. Hendrickson stated she would be in favor of waiving the administrative fines if the shed could be moved within a two week period. Wagner agreed. Agenda Page 5 City Council Meeting Minutes Page 3 Regular Meeting of November 18. 2013 Hendrickson stated that she was glad Ms. Bethke took the time to speak to Council and inform them of her situation. Hendrickson asked Couri how the fines could be waived. Couri stated the first two fines could be waived and suggested the third fine that involves the shed be waived if the shed is moved by a certain time frame. If it is not, that administrative fine could be put on the 2015 payable tax roll. Sorensen stated the policy seems to be working if corrections have been resolved. Motioned by Wagner, seconded by Hendrickson, to exclude the administrative fines of $603.34 from the delinquent certification list to Wright County with the condition that an administrative fine be reinstated to the 2015 payable taxes if there is a reoccurrence of the violation with the shed. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). 2014 City Council Official Meeting Dates Clerk Olson reported the November 4, 2014 General Election falls the day after the first Council meeting in November. She stated in years past they have moved the meeting due to room set up or canvassing deadlines. She stated the meeting could be moved to a different date or a different room. She stated that the election results must be canvassed between November 7 and November 14 and recommended the regular meeting be moved to Monday, November 10, 2014 to accommodate both the regular meeting and the canvassing requirements. Hendrickson inquired if they could still meet on November 3 if the room was set up for elections and Clerk Olson replied they certainly could. Wagner suggested keeping the regularly scheduled meeting on November 3, 2014 and holding a special meeting on Monday, November 10, 2014 after the STMA Ice Arena Board meeting to canvass the election results. Motioned by Wagner, seconded by Hendrickson, to approve Resolution No. 2013- 43 Establishing the 2014 City Council Regular Meeting Dates. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Clerk Olson stated she would update the Official City Meeting Calendar for 2014. 3). Truth in Taxation Hearing Clerk Olson reminded the Council that the Truth in Taxation hearing will be held on December 2, 2013 at 6:00 p.m. C. Public Works and Engineering 1). 54th Street NE and Barthel Industrial Drive NE Drainage Improvements Nafstad reported he has received a proposal from Bolton & Menk, Inc. for preliminary and final design for the improvement project. They will review the 2008 study and Agenda Page 6 City Council Meeting Minutes Page 4 Regular Meeting of November 18. 2013 offer improvement options for the intersection. Sorensen inquired if they will review the number and size of pipes needed. Nafstad stated that would be included and the goal is to reduce the flooding frequency. Vetsch asked if the proposal would look at the flooding that occurred at 57th Street NE and Lander Avenue NE during the summer. Nafstad stated they are on the same storm water line, so the area should see improvements. Olson inquired if the new standards for a100-year flood would be implemented on future projects. Nafstad stated that he would look into it, but thought the new standards would apply to new developments. Motioned by Vetsch, seconded by Olson, to approve the November 7, 2013 proposal from Bolton & Menk, Inc. for preliminary and final design of the 54th Street NE and Barthel Industrial Drive NE intersection, a not-to-exceed fee of $48,000. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. D. Finance 1). Niemeyer Trailer Sales Nafstad reported that staff met with Tim Niemeyer today to discuss development of his property that was platted in 2008. He has just recently received a purchase offer for his Maple Grove property and he would like to pursue development on his Albertville property to relocate his business. The Niemeyer property has a 15 year assessment on it for installation of sanitary storm sewer and municipal water service. Niemeyer has paid the first three years of the assessment. Nafstad reported that Niemeyer is requesting an extension to his assessment for eight years and deferral of the first three years. Niemeyer stated his goal is to have as much as possible for funds in the first three years to build and grow his business. The assessment would then run 20 years out from 2014. Couri stated that the interest on the City’s bonds has been reduced by two percent and Niemeyer would like his assessment interest to be reduced also by two percent. Couri stated all changes to assessments must be approved and provided to the Finance Director by November 27. Niemeyer apologized for the last minute item on the agenda this evening and stated he thought he had more time until he met with staff this afternoon. He informed Council that he just received the Maple Grove offer on Friday, so this isn’t something that he has been holding onto. Couri explained there are only two other properties affected by the water and sewer improvements; one has paid off their assessment and the other has trunk fees that are in place that would need to paid only if and when the property is developed. Vetsch had concerns that all three properties receive fair and equal consideration and options. Vetsch had concerns about the City’s ability to make the bond payments for the project if the assessment is deferred and he would like to see information provided on the bond payments. Nafstad stated that with the prepayment of the assessment for the Agenda Page 7 City Council Meeting Minutes Page 5 Regular Meeting of November 18. 2013 other property, the Niemeyer deferral should not affect the bond payments. He stated it would have very little to zero financial impact. Vetsch stated he was concerned about having such a lengthy assessment. Couri stated that if the other parcel sells, the new mortgage holder may require any special assessment to be paid up front. Council inquired if this deferral has Wright County approval. Couri replied that he did not see that there would be a problem and the Finance Director will be working with the County. Hendrickson felt a new business is positive for the City and they have utilized other means to help businesses start or expand. She stated that anytime they can bring a business into the community, it is a good thing. Wagner agreed. Sorensen inquired about the timing of the construction on the property. Niemeyer stated that he would like to start construction in April 2014 and hopefully open August 1, 2014. Couri stated they should receive a consent to modification of the assessment from both Niemeyer Properties, LLC and Wellerson, LLP. He also recommended a condition of the resolution include review by the Finance Director for any budgetary constraints and review of any County regulations. Motioned by Sorensen, seconded by Olson, to adopt Resolution No. 2013-044 entitled a Resolution Revising Terms of Assessment for Sanitary Sewer and Municipal Water Charges with conditions. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: Vetsch. Absent: None. MOTION DECLARED CARRIED. E. Planning - None F. Building – None G. Legal – None H. Administration 1). Region 7W TPB Memorandum of Understanding Nafstad reported that due to Census Bureau changes to the urbanized boundary of the Twin Cities, the Metropolitan Council will now oversee transportation planning responsibilities for portions of Sherburne and Wright Counties and the Cities of Albertville, Elk River, Hanover, Otsego, and St. Michael. This is for transportation planning oversight only. These entities currently fall under the Region 7W Transportation Policy Board and will continue to do so. The Region 7W TPB will continue to apply for federal funding and to address regional transportation issues and implement studies and plans. Brixius stated that it is an understanding to share plans and has no financial commitment involved with it. Agenda Page 8 City Council Meeting Minutes Page 6 Regular Meeting of November 18. 2013 Council had concerns about falling under Metropolitan Council rules and regulations. Nafstad stated the memorandum clarifies that the entities are still free standing communities and are autonomous from the Metropolitan Council. Hendrickson would like to see if the other entities sign the memorandum before they take action. Couri stated they could certainly choose to do that. Sorensen felt that the Council needed more time to think about the memorandum. Council directed staff to bring the memorandum back to Council at the following meeting. 2). City Administrator’s Update Nafstad reported the speed limit on CSAH 19 will increase to 45 mph from 57th Avenue NE to the Outlet Mall. He stated he did not feel increased speed was necessary in that area, but is up to MnDot to determine. Olson inquired about the timing of the stoplights on CSAH 19. Nafstad stated the tool is in place to time the lights, so if Council hears complaints, they can move forward with it. Nafstad reported that he will be meeting with the Catholic Church of St. Albert’s to discuss the project concepts for their 2014 improvement project. 3). Consultant and Administrator Reviews Nafstad stated that Council usually conducts reviews of the planning and legal consultants towards the end of each year and he suggested doing so at the next meeting so they would be completed by the time appointments are made at the beginning of the year. He stated that he as administrator would also need a review. Sorensen inquired what type of process they should be using for the administrator review. Hendrickson stated that she would like to hold a personnel committee meeting prior to the reviews to discuss it and also review the evaluation Interim City Administrator Thistle created before he left. Nafstad stated that for the consultant reviews they could discuss qualities the Council likes or dislikes and future direction they would like to see the consultants take. For the administrator review, he recalled that it was an overview of objectives accomplished as well as a year-end summary. Sorensen inquired if Council were to bring anything to the reviews. Nafstad stated he would send the format Thistle created to the Council before the end of the week. 10. ANNOUNCEMENTS and/or UPCOMING MEETINGS November 25 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. November 28/29 Thanksgiving, City Offices Closed December 2 City Council, 7:00 p.m. December 9 STMA Ice Arena Board, 6:00 p.m. December 10 Planning Commission, 7:00 p.m. December 16 City Council, 7:00 p.m. December 23 Joint Powers Water Board, 6:30 p.m. December 25 Christmas Day, City Offices Closed Agenda Page 9 City Council Meeting Minutes Page 7 Regular Meeting of November 18. 2013 11. ADJOURN MEETING Motioned by Wagner, seconded by Hendrickson, to adjourn the meeting at 9:10 p.m. Ayes: Hendrickson, Olson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk • Agenda Page 10 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2013\120213\12 02 13 Finance Bills Report (RCA).doc Meeting Date: December 2, 2013 November 27, 2013 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, December 2, 2013 payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. INFORMATION: 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. 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. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 11 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2013\120213\12 02 2013 RCA Region 7W TPB MOU.doc Meeting Date: December 2, 2013 November 27, 2013 SUBJECT: CONSENT - ENGINEERING - REGION 7W TRANSPORTATION POLICY BOARD MEMORANDUM OF UNDERSTANDING (MOU) Note: This item was originally presented to and discussed by the City Council at the November 18, 2013, meeting. MOTION TO: Approve the Memorandum of Understanding between the Metropolitan Council, Region 7W Transportation Policy Board, Wright and Sherburne Counties, the Cities of Albertville, Elk River, Hanover, Otsego, and St. Michael to Conduct Federally-Required Metropolitan Planning Activities. BACKGROUND (provided by Region 7W Chair, Steve Voss): On June 15, 2012, the Region 7W TPB was made aware of the U.S. Census Bureau’s updated list of urban areas based on the 2010 Census. With this announcement came the news that for the first time the Census Bureau extended the urbanized boundary of the Twin Cities metropolitan area beyond the legislatively defined 7-county boundary for the Metropolitan Council to include portions of Sherburne and Wright Counties, including areas within the cities of Albertville, Elk River, Hanover (Wright County), Otsego, and St. Michael. Urbanized areas (UZA) are defined as contiguous urban areas with populations of 50,000 or more residents or urban clusters (UC) with populations of 2,500 to 49,999 residents. Under federal transportation planning laws, UZAs are required to have a designated metropolitan planning organization (MPO) so transportation investments, especially those made with federal money, can be coordinated. The Metropolitan Council is designated as the MPO for the Twin Cities metropolitan area by the governor and in state law. With the changes to the Twin Cities UZA boundary extending into Wright and Sherburne Counties, federal transportation planning law requires that local jurisdictions within this extended area now be included in the Metropolitan Council’s transportation planning and programming process. The UZA boundary changes only pertain to the Metropolitan Council’s transportation planning responsibilities as the MPO. These functions include: • Establishing a setting for transportation decisions to occur • Evaluating transportation alternatives • Maintaining a long-range transportation plan (LRP); the Metropolitan Council must update its LRPs every four years • Developing a 4-year transportation improvement program (TIP), that includes all state and local projects seeking federal transportation funds • Involving the public in transportation decisions Agenda Page 12 Mayor and Council Communication – December 2, 2013 Region 7W TPB Memorandum of Understanding Page 2 of 2 M:\Public Data\City Council\Council Packet information\2013\120213\12 02 2013 RCA Region 7W TPB MOU.doc Meeting Date: December 2, 2013 A special workgroup consisting of staff and elected officials from each local jurisdiction within the extended area, along with Minnesota Department of Transportation (MnDOT), Federal Highway Administration (FHWA), and the Metropolitan Council have been meeting to discuss ideas and offer recommendations for addressing the changes to the Twin Cities UZA boundary and its impact on Region 7W. The workgroup has met five times between July 25, 2012 and October 1, 2013, culminating with the development of the enclosed MOU. Modeled after similar agreements prepared for other metropolitan areas, the MOU is intended to establish a communication and coordination framework for addressing the Metropolitan Council’s MPO transportation planning and programming responsibilities in the extended area. The MOU builds upon the existing practices and procedures of the Region 7W TPB to address the MPO requirements, while at the same time respecting the individual sovereignty and decision-making authority and structures of the region and the communities within the extended area. KEY ISSUES: • On October 25, 2013, the Region 7W Transportation Policy Board (TPB) reviewed the attached Memorandum of Understanding (MOU) to conduct federally required regional transportation planning activities and approved the attached agreement as written. • Region 7W TPB’s Statement of Purpose, as defined in the Joint Powers Agreement, is “to address regionally-significant transportation issues, conduct regional transportation studies and plans, and solicit and select projects seeking federal transportation funding that support the activities of MnDOT and the Central Minnesota ATP.” The Board retains this significant role under this MOU, and wanted to demonstrate its support for the MOU by taking early action to encourage the other seven signatories to approve the proposed MOU. • This MOU emphasizes that 7W will continue its existing role as the body that selects local projects for federal funding within the Wright and Sherburne portions of the MPO, which are also part of the Central Minnesota ATP. • The Region 7W TPB encourages each local jurisdiction to take action to approve the MOU by December 31, 2013. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to enter into agreements on behalf of the City. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Memorandum of Understanding Agenda Page 13 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 1 of 13 MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN COUNCIL, REGION 7W TRANSPORTATION POLICY BOARD, WRIGHT AND SHERBURNE COUNTIES, THE CITIES OF ALBERTVILLE, ELK RIVER, HANOVER, OTSEGO, and ST. MICHAEL TO CONDUCT FEDERALLY-REQUIRED METROPOLITAN PLANNING ACTIVITIES The parties to this Memorandum of Understanding (MOU) are the Metropolitan Council of the Twin Cities (Council), the Region 7W Transportation Policy Board (Region 7W TPB), Wright and Sherburne Counties (Counties), the cities of Albertville, Elk River, Hanover, Otsego, and St. Michael; WHEREAS, federal transportation law and regulations (23 USC 134 and 135; 49 USC 5303 and 5304; 23 CFR 450 Subpart A – Transportation Planning and Programming Definitions; and 23 CFR 450 Subpart C – Metropolitan Transportation Planning and Programming) require a metropolitan planning organization (MPO) to be designated for all urbanized areas with a population of more than 50,000 to establish and maintain a continuing, coordinated, and comprehensive transportation planning process; WHEREAS, the Council was established by the Minnesota Legislature in 1967 to plan for the orderly and economic development of the seven county Minneapolis-St. Paul region and was designated by the governor as the MPO for the Minneapolis-St. Paul Urbanized Area in 1973; WHEREAS, on March 27, 2012, the U.S. Census Bureau identified portions of Albertville, Hanover, Otsego, and St. Michael in Wright County and portions of Elk River and Big Lake Township in Sherburne County, hereinafter referred to as “the extended area,” as part of the Minneapolis-St. Paul Urbanized Area, which is the first time the Minneapolis-St. Paul Urbanized Area has extended beyond the Council’s seven county jurisdictional area; WHEREAS, under federal regulations, the MPO transportation planning area boundary must encompass, at a minimum, the entire “Urbanized Area” or UZA as defined by the U.S. Census Bureau and the area expected to become urbanized within the next 20 years; WHEREAS, federal law does not require a re-designation of an MPO solely due to expansion of its boundary; WHEREAS, US DOT policy encourages boundary changes be accomplished through agreements between affected jurisdictions; WHEREAS, MN Statute 473.146, subd. 4 says “(a) The Metropolitan Council is the designated planning agency for any long-range comprehensive transportation planning required by section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal transportation laws. The Council shall assure Agenda Page 14 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 2 of 13 administration and coordination of transportation planning with appropriate state, regional and other agencies, counties, and municipalities;” WHEREAS, Wright and Sherburne Counties are part of the Central Minnesota Area Transportation Partnership (ATP) for federal transportation funding; WHEREAS, Wright and Sherburne Counties are part of the Region 7W TPB established by Joint Powers Agreement duly executed by Benton, Sherburne, Stearns, and Wright Counties on January 4, 2000; WHEREAS, the Region 7W TPB’s Statement of Purpose, as defined in the Joint Powers Agreement, is “to address regionally-significant transportation issues, conduct regional transportation studies and plans, and solicit and select projects seeking federal transportation funding that support the activities of MnDOT and the Central Minnesota ATP”; WHEREAS, Section 176(c) of the CAA, 42 U.S.C. § 7506(c), requires federally-funded transportation plans, programs, and projects that are funded or approved under 23 U.S.C. (Highways), or the Federal Transit Act, 49 U.S.C. ch. 53 (Public Transportation) to conform with State and Federal air quality implementation plans; and NOW, THEREFORE, the parties recognize and agree: 1. AGREEMENT PURPOSE. As part of its charge from the state legislature to “assure administration and coordination of transportation planning with appropriate state, regional and other agencies, counties, and municipalities” the Council desires to enter into an agreement with the above named counties and cities in the “extended area” to meet the metropolitan transportation planning requirements as required by federal law; 2. APPLICABILITY. This agreement only applies to federal metropolitan transportation planning requirements; it does not extend any of the Council‘s other statutory roles and responsibilities, such as provision of wastewater treatment or transit service, nor the requirement for local land planning in conformance to the Metropolitan Development Guide, to be applicable to these parties; 3. PLANNING AREA BOUNDARIES. The metropolitan planning area boundary selected by the “extended area” parties in accordance with federal law will be accepted by the Council as metropolitan transportation planning area for the affected areas of Wright and Sherburne Counties; 4. TRANSPORTATION PLANNING. The parties will conduct a transportation planning process that is continuing, cooperative, and comprehensive and provide for the consideration of projects, strategies, and services that address the requirements in 23 CFR 450 Subpart C – Metropolitan Transportation Planning and Programming. A primary responsibility of the MPO is to prepare an updated long range transportation plan every four years. Under federal law, this plan must be “fiscally constrained” so it does not plan for expenditures beyond those revenues expected to be reasonably available within the time frame of the plan. The Council will coordinate with the Region 7W TPB, as representatives of the extended area, to discuss and agree upon projects Agenda Page 15 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 3 of 13 in the extended area that are to be included in the MPO’s fiscally constrained plan, and will also discuss and agree upon any “illustrative projects” in the extended area that could be reflected in the plan as projects that could be built if additional resources are secured within the plan timeframe. The Council will coordinate with the Region 7W TPB if plan amendments that impact the extended area are needed prior to the usual four year plan update cycle; 5. TRANSPORTATION PROGRAMMING. A primary responsibility of the MPO is to prepare a short range Transportation Improvement Program to cover a four year period. The Council and its Transportation Advisory Board (TAB) will work cooperatively with the extended area participants, and the Region 7W TPB, the Central Minnesota ATP, and MnDOT District 3 to develop the Transportation Improvement Program for the Twin Cities Metropolitan Area, adopt it and transmit it to MnDOT for incorporation into the State Transportation Improvement Program (STIP) by October 1 of each year. The TAB will continue to select projects for the seven- county area through its regional solicitation process. Projects to be funded with federal money in the extended area will be selected through the existing District 3/7W ATP process, and transmitted to the Council for inclusion in the MPO’s TIP. If a TIP amendment that impacts the extended area is needed prior to the usual annual TIP update cycle, MnDOT District 3 and the Region 7W TPB will submit the amendment to the Metropolitan Council for inclusion in the MPO’s TIP and subsequently the STIP; 6. METROPOLITAN PLANNING FUNDING. The parties agree that the Council will utilize PL and Section 5303 funds from the US DOT to carry out this planning work and will not request additional funding from the other parties; 7. AIR QUALITY CONFORMITY. The MPO must assure that its transportation plan and TIP are in conformity with the federal Clean Air Act. This will continue to be accomplished under the process described in the “Transportation Conformity Procedures for Minnesota.” Portions of Wright County, as well as portions of the original seven county MPO area, have been included in the air quality maintenance area for the region since the maintenance area was designated by US EPA in 1999; 8. COMMUNICATION. Provision of a forum for interaction among local jurisdictions, between local jurisdictions and state agencies, and between state/local agencies and the public is a key responsibility of MPOs. In order to maintain open communication on transportation planning issues, the Council will coordinate at least one meeting each year between the chair of the Council or the chair of the Council’s transportation committee, the chair of the Council’s Transportation Advisory Board, and local elected officials of the affected communities in the extended area. At a staff level, each of the two counties (Sherburne and Wright) will be invited to send a representative to the MPO’s Technical Advisory Committee (TAC). The TAC reviews and recommends for approval the long-range transportation plan, the TIP, UPWP and other studies and plans undertaken by the Council; Agenda Page 16 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 4 of 13 9. PUBLIC PARTICIPATION. Public participation in the preparation of all transportation planning documents, including the long range plan and the TIP, will be facilitated by provision of public meeting and/or public hearing locations convenient to residents of the extended area and dissemination of information through local channels in Sherburne and Wright Counties, such as libraries and community media. Material will also be electronically available on the Council’s website; 10. LEGAL AUTHORITY. This MOU is not a legally binding agreement and creates no legally binding obligations for any party. Because of the mutual desire to proceed and achieve the goals stated in this MOU, each party fully intends to make a good faith effort to achieve the goals described above to work together to comply with the federal and state laws; 11. GOVERNMENT DATA. The parties acknowledge that this MOU, as well as any data created, collected, stored, or received under the terms of this MOU, are “Government Data” within the meaning of the Minnesota Government Data Practices Act (Minnesota Statutes Chapter 13), and that they must comply with the provisions of the Act as if related to such data; 12. EFFECTIVE DATE. This MOU shall be effective when all appropriate signatures have been obtained by the Council, the Region 7W TPB, Wright and Sherburne Counties, and the cities of Albertville, Elk River, Hanover, Otsego, and St. Michael; 13. MODIFICATION. Any amendments to this MOU must be mutually agreed to in writing. All parties agree to review the MOU (and amend as necessary) following the release of urban areas boundaries by the U.S. Census Bureau based on the 2020 U.S. Census; 14. TERMINATION. The terms of this MOU may be terminated by any one of the parties by giving 90 days written notice to each of the other parties. This MOU will remain in effect until terminated as provided in this clause, or until replaced by a new MOU. The remainder of this page intentionally left blank. Agenda Page 17 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 5 of 13 I concur with this Memorandum of Understanding Sherburne County By: Title: Date: The remainder of this page intentionally left blank. Agenda Page 18 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 6 of 13 I concur with this Memorandum of Understanding Wright County By: Title: Date: The remainder of this page intentionally left blank. Agenda Page 19 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 7 of 13 I concur with this Memorandum of Understanding City of Albertville By: Title: Date: The remainder of this page intentionally left blank. Agenda Page 20 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 8 of 13 I concur with this Memorandum of Understanding City of Elk River By: Title: Date: The remainder of this page intentionally left blank. Agenda Page 21 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 9 of 13 I concur with this Memorandum of Understanding City of Hanover By: Title: Date: The remainder of this page intentionally left blank. Agenda Page 22 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 10 of 13 I concur with this Memorandum of Understanding City of Otsego By: Title: Date: The remainder of this page intentionally left blank. Agenda Page 23 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 11 of 13 I concur with this Memorandum of Understanding City of St. Michael By: Title: Date: The remainder of this page intentionally left blank. Agenda Page 24 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 12 of 13 I concur with this Memorandum of Understanding Region 7W Transportation Policy Board By: Title: Date: The remainder of this page intentionally left blank. Agenda Page 25 MOU to Conduct Federally-Required Metropolitan Planning Activities Page 13 of 13 I concur with this Memorandum of Understanding Metropolitan Council By: Title: Date: The remainder of this page intentionally left blank. Agenda Page 26 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2013\120213\12 02 2013 - 2014 Budget & Levy.doc Meeting Date: December 2, 2013 November 25, 2013 SUBJECT: FINANCE DEPARTMENT – 2014 PROPERTY TAX LEVY AND FINAL BUDGET RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution No. 2013-045 entitled a Resolution Adopting Property Tax Levy Collectible in 2014; and, approve Resolution No. 2013-046 entitled a Resolution Adopting the 2014 Final Budget. BACKGROUND: On September 3, 2013, the City Council adopted a Preliminary Budget of $3,158,904 and certified a Preliminary Levy of $3,300,124 to Wright County. Based on the Preliminary Levy, Wright County has prepared and mailed projected tax statements to all residents. On Monday, December 2, the City Council will host a public hearing, known as a Truth-In-Taxation, for the Council to take public comments on the proposed budget and levy. Following public comments, the City Council at a regularly convened meeting may approve or make adjustments to the final levy, which is then certified to Wright County for taxes payable in 2014. Coinciding with the adoption of the City’s Levy, the City Council officially adopts a 2014 Budget detailing projected revenue and expenses. KEY ISSUES: • The public Truth-in-Taxation Hearing will be held prior to Council approvals. • The proposed budget and levy represents a Total Levy increase of 2.96%, and reflects a decrease in operations (-1.06%) and increase in debt levy (+15.46%). • The proposed budget includes anticipated LGA funding (estimated $79,650). • The proposed budget is focused on maintaining current levels of operation and debt reduction. • The final levy is due to the County Auditor no later than December 13, 2013. POLICY CONSIDERATIONS: The Council reviews and approves all budgets and tax levies. FINANCIAL CONSIDERATIONS: In reviewing Albertville projected the 2014 budget, we anticipate maintaining the Office of the State Auditors recommendation of 40% of the budget in designated funds for general reserve. Although staff can work with this under the current economic status, it is recommended that the City Council continue to increase the General Funds reserve in the future. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve the 2014 Property Tax Levy and Annual Budget pursuant to Minnesota State Law. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2013-045; and Resolution No. 2013-046 Agenda Page 27 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2013-045 A RESOLUTION ADOPTING THE 2013 TAX LEVY COLLECTIBLE IN 2014 BE IT RESOLVED by the C ouncil of the City of Albertville, County of Wright, State of Minnesota, that the following sums of money be levied for the current year, collectible in 2014, upon taxable property in the City of Albertville for the following purposes: Total levy $3,300,124 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Wright County, Minnesota. Adopted by the City Council of the City of Albertville this 2nd day of December 2013. Jillian Hendrickson, Mayor Kimberly A. Olson, City Clerk Agenda Page 28 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2013-046 A RESOLUTION ADOPTING THE 2014 FINAL BUDGET WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has adopted a final tax levy to be placed upon the taxable property in the City of Albertville; and WHEREAS, the Albertville City Council desires to reserve within the General Fund those monies designated as capital outlays within various budget classifications, such that those monies can be disbursed only for those capital outlays so specified within the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota: 1. Hereby adopts the attached 2014 Annual Budget for the City of Albertville for the period January 1, 2014, through December 31, 2014. 2. All monies designated within the budget, as capital outlays shall be reserved within the Capital Reserves Fund, such that those monies can be disbursed only for those capital outlays so specified within the budget. 3. The Albertville City Council has hereby complied with Minnesota Statutes. 4. The Finance Director is hereby authorized to transmit certification of compliance with Minnesota Statutes to the Commissioner of Revenue as required. Adopted by the Albertville City Council this 2nd day of December, 2013. _____________________________________ Jillian Hendrickson, Mayor _____________________________________ Kimberly A. Olson, City Clerk Agenda Page 29 City of Albertville County of Wright Resolution No. 2013-046 Page 2 2014 BUDGET SUMMARY COMPARISON GENERAL FUND General Fund Revenue: 2013 Budget 2014 Budget Difference 13 to 14 $ Difference 13 to 14 % 31010 Current Ad Valorem Taxes 2,423,781 2,397,983 -$25,798 -1.06% 34113 Franchise Fee - Cable 65,000 65,000 $0 0.00% 32100 Business Licenses & Permits 20,000 22,000 $2,000 10.00% 32110 Liquor Licenses 29,150 29,150 $0 0.00% 32120 3.2 Liquor Licenses 150 150 $0 0.00% 32150 Sign Permits 1,500 1,500 $0 0.00% 32210 Building Permits 35,000 55,000 $20,000 57.14% 32240 Animal Licenses 250 400 $150 60.00% 33405 Police Aid 28,000 28,000 $0 0.00% 33406 Fire Aid 30,000 42,000 $12,000 40.00% 33422 Other State Aid Grants 8,200 8,200 $0 0.00% 33620 County Grants & Aids 0 0 $0 0.00% 34000 Charges for Services 2,000 2,000 $0 0.00% 34001 Administration fees 125,894 136,721 $10,827 8.60% 34005 Engineering As Built Fee 750 1,500 $750 100.00% 34101 Lease Payments - City Property 0 0 $0 0.00% 34101 Zoning & Subdivision Fees 1,500 1,500 $0 0.00% 34103 Plan Check Fee 15,000 25,000 $10,000 66.67% 34104 Sale of Maps 50 0 -$50 -100.00% 34105 PID/Legal Description Requests 0 0 $0 0.00% 34106 Title Searches 546 1,000 $454 83.15% 34107 Fire Protection Contract Charges 154,417 160,532 $6,116 3.96% 34202 Rental Fees 5,000 6,000 $1,000 20.00% 34780 Other Revenues 6,000 9,000 $3,000 50.00% 34950 Fines & Forfeits 0 0 $0 0.00% 35000 Interest Earnings 25,000 25,000 $0 0.00% 36210 Arena 11,388 11,616 $228 2.00% 39203 Transfer other fund I-94 Engineer 50,000 50,000 $0 0.00% 39203 Transfer other fund 102 to SAC 50,000 0 -$50,000 -100.00% LGA Revenue expected 0 79,651 Total Revenues 3,088,576 3,158,903 -9,323 2.28% Agenda Page 30 City of Albertville County of Wright Resolution No. 2013-046 Page 3 General Fund Department Expenditures: 2013 Budget 2014 Budget Difference 13 to 14 $ Difference 13 to 14 % 41100 Council 41,855 44,969 $3,114 7.44% 41300 Combined Administrator/Engineer 124,909 98,130 -$26,779 -21.44% 41400 City Clerk 121,258 129,984 $8,726 7.20% 41440 Elections 9,000 15,500 $6,500 72.22% 41500 Finance 169,155 177,839 $8,684 5.13% 41550 City Assessor 28,500 29,355 $855 3.00% 41600 City Attorney 35,000 40,000 $5,000 14.29% 41700 City Engineer 20,200 20,000 -$200 -0.99% 41800 Economic Development 18,000 28,000 $10,000 55.56% 41910 Planning & Zoning 31,507 40,507 $9,000 28.56% 41940 City Hall 120,855 135,605 $14,750 12.20% 42000 Fire Department 325,307 316,187 -$9,121 -2.80% 42110 Police 530,000 547,500 $17,500 3.30% 42400 Building Inspection 155,365 154,184 -$1,181 -0.76% 42700 Animal Control 4,000 4,080 $80 2.00% 43100 Public Works - Streets 449,995 482,694 $32,698 7.27% 41750 Add'l Consulting combined Admin/Eng 60,000 30,000 -$30,000 0.00% 45000 Culture & Recreation 55,843 58,600 $2,758 4.94% 45100 Parks & Recreation 191,866 211,126 $19,260 10.04% 45000 Library Debt Service 25,151 26,030 $879 3.49% 49300 Capital Reserves 570,810 568,614 -$2,196 -0.38% Total Expenditures 3,088,576 3,158,904 70,328 2.28% Levy 2013 2014 Difference 13 to 14 % General Fund & EDA 2,423,781 2,397,983 -1.06% Total Tax Levy (Oper. Levy) 2,423,781 2,397,983 -1.06% 357 GO Improvement Bond 03 76,520 287,086 354 Bonds 03 PF Lease Rev 67,631 77,456 City Hall 05 277,878 276,723 GO Im Bond 07 Lachman/19/idustrial 70,157 70,157 PW Facility 04 169,139 100,719 I-94 120,000 90,000 Total Debt Service Levy 781,325 902,141 Debt Levy 15.46% Total Levy 3,205,106 3,300,124 Total Levy 2.96% Agenda Page 31 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2013\120213\120213 Fee Schedule for 2014.doc Meeting Date: December 2, 2013 November 25, 2013 SUBJECT: FINANCE - 2014 FEE SCHEDULES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following motion: MOTION TO: 1. Approve Resolution No. 2013-047 entitled a Resolution Setting 2014 Fees for Services and Violation Fines for the City of Albertville. 2. Approve Ordinance No. 2013-010 entitled an Ordinance Amending Title 11 Subdivision Regulations, Section 11-2-7: Fees, Charges, and Expenses and Appendix A – Zoning Ordinance, Section 100.10, Fees, Charges, and Expenses of the Albertville City Code. BACKGROUND: The City Council must set the fees for various services and fines for the upcoming year each December. This year staff reviewed both fees set by resolution of the City Council and some of the key changes are listed below. Fees set in the Subdivision Chapter and Appendix A-Zoning Ordinance of the City Code were also reviewed and the attached memo indicates the City Planner’s findings from that review. The revised fee schedules will take effect January 1, 2014 if adopted. KEY ISSUES: • Council approved a fee earlier in the year for fire inspections and that has been included. • The City Council recently revised its temporary outdoor music permit ordinance and the schedule reflects suggested fees to cover the cost of issuing those permits. • Stormwater connection charges have been added. • The City has seen an increase in food trucks (mobile food units) seeking to do business in Albertville. They were licensed this last year using a Temporary Seasonal Sales Permit, but those are limited to two a year and for a limited number of days. Staff is looking at bringing forward an ordinance revision that addresses the unique circumstances involved with food trucks and has included a fee in the schedule that would accompany that ordinance change. • Vendor licenses are not specifically addressed in the City Code and have been removed. These types of licenses can fall under the Peddler-Solicitor-Transient Merchant license. • The returned check fee increased from $20 to $25. • Vacant properties are billed an annual registration fee and that is now included in the schedule. • Room rental fees were consolidated. There is no longer a different charge for a weekday versus a weekend rental. The schedule was formatted to more clearly show that rooms are rented out in timed blocks, i.e. 2 or 4 hour blocks of time. Civic groups and non-profits Agenda Page 32 Mayor and Council Communication – December 2, 2013 2014 Fee Schedules Page 2 of 2 M:\Public Data\City Council\Council Packet information\2013\120213\120213 Fee Schedule for 2014.doc Meeting Date: December 2, 2013 will continue to receive one room unit free per month and then pay the regular room rental price for any additional meetings for the remainder of the month. • The license fee for single family rental homes should be based on a per unit value rather than a per building and a per unit value. Staff is recommending the same fee per unit be applied to both single family attached and detached rentals. POLICY/PRACTICES CONSIDERATIONS: It is the policy of the Mayor and City Council to adopt or amend resolution and ordinances setting fees. FINANCIAL CONSIDERATIONS: There are some financial considerations. Any increases in fees are to cover City expenses. LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the authority to set fee schedules for services. Submitted by: Attachments: NAC Memorandum regarding Fees Resolution No. 2013-047 Ordinance No. 2013-010 Agenda Page 33 MEMORANDUM TO: Adam Nafstad FROM: Emily Shively/ Alan Brixius DATE: November 25, 2013 RE: Albertville – Proposed Fee Schedule Changes FILE: 163.05 BACKGROUND The city council will be reviewing the ordinance fee schedule to set fees for 2014 at their December meeting. We reviewed Exhibit A which outlines fees referenced in the city code and are proposing some additions and deletions in order to make the fee schedule more comprehensive in nature as well as updating ordinance references. We also reviewed the fee schedule in the zoning ordinance and have proposed some revisions to the amounts charged based on past billings. Additions appear as underlined text and deletions appear as strikeout text in the attachments. FEE SCHEDULE REVISIONS The majority of proposed changes to the fee schedule are minor revisions such as changing or updating the related ordinance reference and reordering items to be listed in the order they appear in the city code under the existing headings. The following are additional comments for some of the proposed changes: • Vendor Transient and Vendor Seasonal Permits. These permits are not specifically described in the ordinance and could be considered under Transient Merchant licensing in Chapter 4. • Food Trucks. The city is currently considering amending the ordinance to regulate mobile food trucks. Staff has recommended licensing this use similar to that of other types of transient merchants. As such, an entry has been added to the fee schedule for Mobile Food Unit licensing with an associated $50.00 fee per unit with $1.00 for each additional day, per unit. Agenda Page 34 2 • Coin Operated Amusement Device. There were two identical listings for this entry; one has been deleted and the second ordinance reference added. (The referenced state statute should be identified; staff was unable to locate the reference) • Recycling fee. The recycling fee reference was deleted from the section on miscellaneous fees as it appears in the later section Sewer – water – stormwater – recycling related fees • Outdoor music performance permits. The newly adopted ordinance references a fee to be set by city council ordinance. Such fee has not yet been determined; we are recommending a fee of $50.00, similar to a Temporary Outdoor Seasonal Sales Permit which is set per event. • Building related fees. This section was updated with ordinance references and the Certificate of Occupancy and Vacant Building fees added. The ordinance contains a chart listing specific fee amounts for Fireplace, Plumbing, and Mechanical permits, so those amounts were listed on the fee schedule rather than referencing that section of the ordinance. Additional escrow and permit fees in Chapters 10-1-3 and 10-2-3 were not added to the fee schedule, but could be if a complete listing is desired. • Sewer – Water – Stormwater. Other fees specified in the ordinance were added to the fee schedule to create a more comprehensive list in this section • Fire related fees. The fire inspection fee from Chapter 10-3-9 was added Liquor license fees are outlined in Chapter 4-1-6A have not been enumerated on the fee schedule, but could be added if desired. Likewise, right-of-way fees outlined in Chapter 8-2-11 are not on this fee schedule. Stormwater connection charges have been added to the fee schedule; sewer and water access charges have not been added to the fee schedule as they may be set by separate council resolution. DEVELOPMENT FEES We also reviewed the fees outlined in the subdivision and zoning ordinances. The zoning ordinance fee schedule references fees for subdivision and platting – these were found to be inconsistent with the fees in Chapter 11-2-7 of the subdivision ordinance. The Chapter 11 fees are listed in parentheses and underlined in the zoning fee schedule for comparison. It is likely that the zoning fee schedule fees are more current; if this is the case, the fees in Chapter 11-2-7 should be updated for consistency. Several changes to the fees in Section 100.10 are proposed to more accurately reflect the cost of review and recent billings. The ordinance allows for collection beyond the stated escrow if the cost of review exceeds the escrow amount, so lowering the fees should still allow for costs to be covered. The fee schedule also reflects proposed changes under discussion regarding the regulation of home occupations. Agenda Page 35 3 ISSUES In the course of reviewing the Albertville City Code related to updating the various fee schedules, a few other issues came to light which may be subject to further discussion. Home Occupations. Currently under discussion are changes to the regulation of home daycare providers as home occupations. The proposed changes eliminate the need for a permit for daycare facilities providing care for 14 or fewer persons; however, these providers will still be subject to the general standards in Section 1600.4.A. and B. A question has arisen regarding the communication of these standards to daycare providers and whether or not an administrative zoning letter should be required for obtaining a state license. Such letter has a $25 fee associated with it; the question is whether or not this should this be noted on the fee schedule and/or in the ordinance. Adult Uses. Adult uses are not subject to permitting or licensure in Albertville, but are required to meet certain land use and zoning criteria. Some type of city review process should be in place to ensure compliance with ordinance requirements and an associated fee to cover the costs related to review should be established. Separately, review of Chapter 2800- Adult Uses found that it is inconsistent with current Minnesota Statutes §617.242 with regard to proximity standards. An ordinance amendment could be considered; however, as the ordinance is currently less restrictive, the state statute legally takes precedence. CONCLUSION The proposed fee changes should be reviewed by staff to see if the additions to the fee schedule are warranted and if the proposed fee amounts are reasonable. The final fee schedules should then be forwarded to the city council for review and adoption. Attachments: Attachment A Proposed Changes to Exhibit A – 2014 Fee Schedule Attachment B Proposed Changes to Appendix A – Zoning Ordinance 100.10 Fee Schedule C: Kim Olson Tina Landis Mike Couri Agenda Page 36 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2013-047 RESOLUTION SETTING FEES FOR SERVICES AND VIOLATION FINESWITHIN THE ALBERTVILLE CITY LIMITS FOR THE 2014 CALENDAR YEAR WHEREAS, the Albertville City Council sets the following fees by resolution effective January 1, 2014 unless otherwise set by a separate resolution: Exhibit A - 2014 Fee Schedule Exhibit B –2014 Rental Fee Schedule Exhibit C – 2014 Joint Powers Water Board Utility Rates Adopted by the City Council of the City of Albertville this 2nd day of December, 2013. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 37 City of Albertville Page 2 Meeting of December 2, 2013 Resolution No. 2013-047 M:\Public Data\City Council\Council Packet information\2013\120213\R 2013-047 Setting 2014 Fees.doc EXHIBIT A 2014 Fee Schedule Subject Fees Title Chapter Section Building / Zoning Fees Advertising Device (Billboard) Permit Per building permit fee schedule and as set by City Council 10 10 2 7 3.A. 5.C. Building maintenance and occupancy appeal $250 plus City expenses 10 14 3.B. Certificate of Occupancy $50 10 1 1.C. Fireplace Permit (existing residential) $25 + $5 surcharge 10 2 3.B. Fireplace Permit (new construction) $50 + $5 surcharge Mechanical Permit (existing residential) i.e. Air Conditioner, Heating/Furnace Replacement $25 + $5 surcharge 10 2 3.B. Permit/Records – Duplicate $50 per hour Plumbing Permit (existing residential) i.e. Irrigation, Water Heater, Water Softener $25 + $5 surcharge 10 2 3.B. Reroofing Permit (existing residential) $125 + $5 surcharge 10 2 3.B. Swimming Pool Permit Per building permit fee schedule 10 2 3.A. Sign Permit - Permanent Per building permit fee schedule and as set by City Council 10 10 2 7 3.A. 5.C. Sign Permit -Temporary $35 per property (14 days max) 3 1 3.B.3. Vacant Building $100 annually 10 8 5.A. Zoning Request (lot size, permitted use, etc.) $25 per property 3 1 3.B.3. Fire Related Fees: Car Fires/Accidents (non- residential) $500 first hour $200 per hour thereafter 3 5 2.D. False Alarms – 1st and 2nd Free of charge 3 5 1 & 2 Agenda Page 38 City of Albertville Page 3 Meeting of December 2, 2013 Resolution No. 2013-047 M:\Public Data\City Council\Council Packet information\2013\120213\R 2013-047 Setting 2014 Fees.doc Subject Fees Title Chapter Section False Alarms – 3rd $300 3 5 1 & 2 False Alarms – 4th $400 3 5 1 & 2 False Alarms – 5th $500 3 5 1 & 2 False Alarms – 6th $600 3 5 1 & 2 False Alarms – 7th $700 3 5 1 & 2 False Alarms – 8th $800 3 5 1 & 2 False Alarms – 9th $900 3 5 1 & 2 False Alarms – 10th $1,000 3 5 1 & 2 Fire Department Aerial Apparatus (Wright county FCA uniform schedule billable calls) $750 per hour 3 5 2.A. Fire Department Boat/Water Ice Rescue (Wright county FCA uniform schedule billable calls) $150 per hour 3 5 2.A. Fire Department Engine Type 1 & 2 (Wright county FCA uniform schedule billable calls) $400 per hour 3 5 1 & 2 Fire Department Engine Type 3 – 7 (Wright county FCA uniform schedule billable calls) $150 per hour 3 5 2.A. Fire Department Personnel Each (Wright county FCA uniform schedule billable calls) $20 per hour 3 5 2.A. Fire Department Tenders – All Types (Wright county FCA uniform schedule billable calls) $300 per hour 3 5 2.A. Fire Department Utility & Rescue – All Types (Wright County FCA uniform schedule billable calls) $400 per hour 3 5 2.A. Fire Inspection- New Commercial Initial visit - $50 10 3 9 Agenda Page 39 City of Albertville Page 4 Meeting of December 2, 2013 Resolution No. 2013-047 M:\Public Data\City Council\Council Packet information\2013\120213\R 2013-047 Setting 2014 Fees.doc Subject Fees Title Chapter Section Fire Suppression or Fire Alarm System Inspection $50 10 3 9 Open Burning Nuisance Abatement fee $200 5 4 4 License Fees: Advertising Device (billboard) License - Renewal $75 per billboard 10 5 5.C.2.c. Background Check (BCA) $15 per individual Bingo License $25 annually 4 3 1.D Coin-Operated Amusement Device License (per location) $15 annually (per MN State Statute) 3 1 3.B.1 Coin-Operated Amusement Device License (per device) $15 annually (per MN State Statute) 3 1 3.B.1 Compost Site for Commercial Vendors $250 annual license (Albertville materials) Dog Impoundment & redemption fee (in addition, all impoundment, transport and boarding fees incurred by the City must be paid) 1st Impoundment $50, plus Boarding fees 2nd impoundment $100, plus Boarding fees Subsequent impoundments $200, plus Boarding fees 6 2 13 Dog Kennel Permit $50 per household, per year, plus sales tax 6 2 16, 17 Dog License (altered) $10 per dog, per year, plus sales tax 6 2 3.B Dog License (un-altered) $15 per dog, per year, plus sales tax 6 2 3.B Dog License Replacement $5, plus sales tax 3 1 3.B.1. Garbage Hauler License $150 per year 3 1 3.B.1. Liquor License Violations See Resolution 2005-15 Massage Enterprise License & Investigation $300 4 5 6, 7 Agenda Page 40 City of Albertville Page 5 Meeting of December 2, 2013 Resolution No. 2013-047 M:\Public Data\City Council\Council Packet information\2013\120213\R 2013-047 Setting 2014 Fees.doc Subject Fees Title Chapter Section Massage Therapist Individual License $50 annually 4 5 6, 7 Mobile Food Unit $50 1st day per unit, $1 ea. add’l day per unit 4 4 3.C. Peddler, Solicitor, Transient, Merchant $50 1st day, per individual, $1.00 ea. add’l day, per individual 4 4 3.C. Rental Dwelling License and Inspection fee – Apartment complex $150 per bldg. + $10 per unit, annually 10 4 10 Rental Dwelling License and Inspection fee – Single Family attached or detached $100 per unit annually 10 4 10 Temporary Outdoor Music Permit $50 annually per minor permit, $50 each major event 5 5 3 Temporary Outdoor Seasonal Sales Permit (90 days maximum) $50 per event 3 1 3.B.3. Miscellaneous Fees: Administrative Fines/Penalties $200 (up to $200 per occurrence) Cable System Franchise Application Fee Per Appendix B-3 ($500, plus City expenses) 4 6 9 City Code Book $300, plus sales tax 3 1 3.B.3. Comprehensive Plan $100, plus sales tax 3 1 3.B.3. Comprehensive Park Plan $75, plus sales tax 3 1 3.B.3. Copies – Color – (8 ½” x 11”) - Paper or Electronic $0.30 per copy, plus sales tax 3 1 3.B.3. Copies (8 ½” x 11”) – Paper or Electronic $0.25, plus sales tax 3 1 3.B.3. Developer Fees 3.5% 11 2 7 Electric System Franchise Fee Per Appendix B-1 4 6 9 Faxes $3 1st page, $0.25 ea. additional page 3 1 3.B.3. Gas System Franchise Fee Per Appendix B-2 4 6 9 Keycard - City Hall $10, replacement or lost/damaged Agenda Page 41 City of Albertville Page 6 Meeting of December 2, 2013 Resolution No. 2013-047 M:\Public Data\City Council\Council Packet information\2013\120213\R 2013-047 Setting 2014 Fees.doc Subject Fees Title Chapter Section Lot Survey Copy (11” x 17”) $1 per copy, plus sales tax 3 1 3.B.3. Maps – 2’ x 3’ wall, black & white $2, plus sales tax 3 1 3.B.3. Maps – 2’ x 3’ wall color $5, plus sales tax 3 1 3.B.3. Maps – 11” x 17” street, black & white $2, plus sales tax 3 1 3.B.3. Maps – 11” x 17” street, color $5, plus sales tax 3 1 3.B.3. Maps – 11” x 17” zoning, color $5, plus sales tax 3 1 3.B.3. Maps – 11” x 17” sub- division $5, plus sales tax 3 1 3.B.3. Mowing $100 minimum, equipment cost plus man hours 5 3 3.C. Parking Fund $4,500 per stall Append A 1200.9 C.I. PID and or Legal Description $10 per property 3 1 3.B.3. Pop/Water/Beverage Per vendor 3 1 3.B..3 Real Estate Annual Fee (include Parade of Homes) $50 per year 3 1 3.B.3. Returned check fee $25 3 1 2 Snow plowing $100 minimum, equipment cost plus man hours 3 1 3.B.3. Special Assessment Search $20 per property 3 1 3.B.3. Special Assessment Deferment Income level Federal Poverty Level 3 1 3.B.3. Special Meeting Fee $150 1 5 2.C. Standard Detail Plates $25, plus sales tax 3 1 3.B.3. Water Shut Off Door Tag $25 Weed Elimination $100 minimum, equipment cost plus man hours 5 3 3.C. Sewer / Water Related Fees: City Utility Bill - water monthly portion See Resolution 2012-056 9 3 3.C. Agenda Page 42 City of Albertville Page 7 Meeting of December 2, 2013 Resolution No. 2013-047 M:\Public Data\City Council\Council Packet information\2013\120213\R 2013-047 Setting 2014 Fees.doc Subject Fees Title Chapter Section City Utility Bill - sewer monthly rates See Resolution 2012-057 9 3.A 8 City Utility Bill - Joint Powers monthly portion See Exhibit C 9 2 10.B. Private Sewage Disposal System Permit $100 9 4 6 Private Sewage Disposal System Inspection $100 9 4 8 Recycling Fee See Resolution 2010-036 Sewer Inspection Fee $100 9 3 3.B. Sewer tap fee $250 9 3 3.B. Stormwater Connection Charge: Single-Family residential new construction $500 per unit 9 5 4.B.1. Stormwater Connection Charge: Multiple-Family residential new construction $400 per unit 9 5 4.B.2. Stormwater Connection Charge: All other properties new construction $1500 per gross acre 9 5 4.B.3. Stormwater Residential, Non-Residential, Golf Rates See Resolution 2009-028 9 5 5 Water Availability Charge (for those who have city water available, but choose not to hook-up) $25 per year 9 4 8 Water Connection & Inspection $100 9 2 10.A. Water Disconnect $35 plus tax, non-residential 9 2 10.D. Water Reconnect $35 plus sales tax, non-residential 9 2 10.D. Water Shut Off Notice $20 9 2 10.C. Agenda Page 43 City of Albertville Page 8 Meeting of December 2, 2013 Resolution No. 2013-047 M:\Public Data\City Council\Council Packet information\2013\120213\R 2013-047 Setting 2014 Fees.doc EXHIBIT B 2014 Rental Fee Schedule WEST CONFERENCE ROOM (SEATING FOR 8-12) RENTER DAYS RESIDENT (2 Hr Min) NON-RESIDENT (2 Hr Min) Private Individuals, Businesses, Groups Monday - Sunday $10 per hour, plus sales tax $20 per hour, plus sales tax Civic Organizations or Non-Profit Groups Monday-Sunday Once a month free, then above rate * Once a month free, then above rate * * Civic and non-profit groups requiring setup will be charged a $50 per hour setup – take down fee, plus tax UPSTAIRS (SEATING FOR 12-50) RENTER DAYS RESIDENT (4 HRS) NON-RESIDENT (4 HRS) Private Individuals, Businesses, Groups Monday - Sunday $75 per each 4 hour block, plus sales tax $125 per each 4 hour block, plus sales tax Civic Organizations or Non-Profit Groups Monday - Sunday Once a month free, then above rate * Once a month free, then above rate * * Civic and Non-Profit groups needing setup will be charged a $50 per hour setup – take down fee, plus tax Damage Deposit on all rentals is $100.00. Users are required to clean the facility prior to leaving, leaving the area in the same condition as found. Agenda Page 44 City of Albertville Page 9 Meeting of December 2, 2013 Resolution No. 2013-047 M:\Public Data\City Council\Council Packet information\2013\120213\R 2013-047 Setting 2014 Fees.doc EXHIBIT B 2014 Rental Fee Schedule MULTI-PURPOSE ROOM (SEATING FOR 12-50) RENTER DAYS RESIDENT (4 HRS) NON-RESIDENT (4 HRS) Private Individuals, Businesses, Groups Monday - Sunday $100 per each 4 hour block, plus sales tax $150 per each 4 hour block, plus sales tax Civic Organizations or Non-Profit Groups Monday - Sunday Once a month free, then above rate * Once a month free, then above rate * * Civic and Non-Profit groups needing setup will be charged a $50 per hour setup – take down fee, plus tax FULL COMMUNITY ROOM (SEATING FOR 50-100) {Council Chamber and Multi-purpose Room combined} RENTER DAYS RESIDENT (4 HRS) NON-RESIDENT (4 HRS) Private Individuals, Businesses, Groups Monday - Sunday $150 per each 4 hour block, plus sales tax $250 per each 4 hour block, plus sales tax Civic Organizations or Non-Profit Groups Monday - Sunday Once a month free, then above rate * Once a month free, then above rate * * Civic and Non-Profit groups needing setup will be charged a $50 per hour setup – take down fee, plus tax Kitchen Monday - Sunday $50 per event, plus sales tax $75 per event, plus sales tax Damage Deposit on all rentals is $100.00. Users are required to clean the facility prior to leaving, leaving the area in the same condition as found. Agenda Page 45 City of Albertville Page 10 Meeting of December 2, 2013 Resolution No. 2013-047 M:\Public Data\City Council\Council Packet information\2013\120213\R 2013-047 Setting 2014 Fees.doc EXHIBIT B 2014 Rental Fee Schedule CENTRAL PARK SHELTER RENTER DAYS RESIDENT NON-RESIDENT Private Individuals, Businesses, Groups Monday - Sunday $100 per day, plus sales tax $150 per day, plus sales tax Civic Organizations or Non-Profit Groups Monday - Sunday $100 per day, plus sales tax $150 per day, plus sales tax Central Park Ballfield Fine (if no damage deposit) Administrative Fine $200.00 CENTRAL PARK SHELTER LEAGUE OR OTHER TYPE OF RENTAL RENTAL FEE Central Park – Softball Leagues $125.00 per team, per season, plus sales tax & proof of liability dis.; includes lights & scoreboards Central Park – Softball Tournaments $100.00 per field, per day, plus sales tax & proof of liability dis.; includes lights & scoreboards Central Park – Broomball Leagues $75.00 per team, per season, plus sales tax & proof of liability dis.; includes lights & scoreboards Central Park – Broomball Tournaments $100.00 per rink, per day, plus sales tax & proof of liability dis.; includes lights & scoreboards Central Park Ballfield Fine (if no damage deposit) Administrative Fine $200.00 Damage deposit on all rentals is $100.00. Users are required to clean the facility prior to leaving, leaving the area in the same condition as found. Agenda Page 46 City of Albertville Page 11 Meeting of December 2, 2013 Resolution No. 2013-047 M:\Public Data\City Council\Council Packet information\2013\120213\R 2013-047 Setting 2014 Fees.doc EXHIBIT C Joint Powers Water Board Fee Schedule 2014 Description 2013 2014 Comments Fee Fee Supply Connection Fee (WAC) $2,001 $2,001 No increase. JP Distribution Connection Fee $904 $904 No increase - unlikely to ever use this fee. Water Rate: Residential Proposing to hold Base Fees Supply (BASE rate-no minimum) $3.56 $3.56 and User Fees to previous year's rates Supply 0-3500 gal $2.14 $2.14 Supply 3501-6500 gals $2.41 $2.41 Supply 6500-11500 gals $2.63 $2.63 Supply 11500-16500 gals $2.90 $2.90 Over 16500 $3.23 $3.23 Water Rate: Distribution Base $1.09 $1.09 Rate per 1,000 gal $0.90 $0.90 Water Rate: Commercial 3/4 inch meter $3.56 $3.56 1 inch meter $5.69 $5.69 1.5 inch meter $10.67 $10.67 2 inch meter $42.69 $42.69 3 inch meter $88.94 $88.94 4 inch meter $99.00 $99.00 6 inch meter $125.23 $125.23 8 inch meter $137.76 $137.76 Commodity Rate, per 1,000 gallons $2.49 $2.49 Water Rate: Irrigation Only 3/4 inch meter $3.56 $3.56 Agenda Page 47 City of Albertville Page 12 Meeting of December 2, 2013 Resolution No. 2013-047 M:\Public Data\City Council\Council Packet information\2013\120213\R 2013-047 Setting 2014 Fees.doc 1 inch meter $5.69 $5.69 1.5 inch meter $10.67 $10.67 2 inch meter $42.69 $42.69 3 inch meter $88.94 $88.94 >3 inch meter Board analysis Board analysis Commodity Rate, per 1,000 gallons $2.82 $2.82 Per Copy Fee $0.25 $0.25 Minimal use (8.5" x 11") Data on CD or floppy $5.00 $5.00 RARELY requested services. Staff time to format/develop reports $30.00/hr (billed to 0.25 hrs) $30.00/hr (billed to 0.25 hrs) Plan Review and construction inspection escrow $2,000 $2,000 Seldom used. Hydrant Use Permit Fee (per month) $75.00 $75.00 Hydrant Use Deposit $1,500 $1,500 large set-up $300 $300 garden hose set-up Water Salesman/hydrant use rate $3.95 $3.95 JP Standard Specifications $25.00 $25.00 Basically, $0.25/page. Unauthorized Hydrant Use $1,000 $1,000 Seldom necessary, but useful for violators. Chairman Stipend (annual) $300 $300 Sprinkling Violations $75.00 $75.00 1st violation (following warning) $50.00 $50.00 EACH addn'l violation Certification to Taxes County fees PLUS County fees PLUS $10 per acct. and 18% $10 per acct. and 18% Late Fees on Water Bills 18% annually (4.5%/qtr) 18% annually (4.5%/qtr) w/ $5.00 min. PER w/ $5.00 min. PER SUPPLY Service Per Quarter. SUPPLY Service Per Quarter. ***Fee Schedule approved by the Joint Powers Water Board 11/26/12. Agenda Page 48 ORDINANCE NO. 13-010 AN ORDINANCE AMENDING TITLE 11 SUBDIVISION REGULATIONS, SECTION 11-2-7: FEES, CHARGES AND EXPENSES AND APPENDIX A – ZONING ORDINANCE, SECTION 100.10, FEES, CHARGES AND EXPENSES OF THE ALBERTVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Chapter 0100 Title and Application Section 0100.10 Fees, Charges, and Expenses of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text: A. Fees and charges, as well as expenses incurred by the city for engineering, planning, attorney and other services related to the processing of applications, shall be established by this zoning ordinance and collected by the zoning administrator for deposit in the city's accounts. Fees shall be established as follows. The council may establish charges for public hearings, special meetings, or other such council or planning commission actions as are necessary to process applications. Multiple applications shall require the collection of multiple fees and escrows. In the event that city costs in processing a development application exceed the escrow, the applicant shall be responsible for the said costs. Section Subject Proposed Fee/Escrow 300.1A Rezoning $400.00/$1,000.00 400.2A Conditional use permit: Site <4 acres $300.00/$1,500.00 Site 4 - 10 acres $300.00/$2500.00 Site >10 acres $300.00/$5,000.00 500.2A3a Minor variance $100.00/$100.00 500.2B2 Major variance/appeals $300.00/$650.00 500.2B2a Variances $300.00/$1,000.00 Deleted: $4,000.00 Deleted: $10,000.00 Deleted: Vacations Agenda Page 49 City of Albertville Meeting of December 2, 2013 Ordinance 2013-010 Page 2 700.2 Certificate of occupancy of zoning $50.001 1000.5B and 10-2-3.A. Swimming pool permit Building code schedule 1000.6A and 10-2-3.B.11. Fence permit $25.00 1000.22 Temporary outdoor seasonal sales $50.00 1500.4 and 1500.6A Administrative permits and minor site and building plan review $250.00/$250.00 1500.5B1 Site and building plan review (major): Site <4 acres $300.00/$1,500.00 Site 4-10 acres $300.00/$2,500.00 Site >10 acres $300.00/$5,000.00 1600.3B Special home occupation permit $30.00 1800.2A Land filling permit, single lot: Residential $25.00 Commercial/industrial/institutional $200.00/$1,000.00 per acre 1900.3B Land excavation, grading permit; single lot: Residential $25.00 Commercial/industrial/institutional $200.00/$1,000.00 per acre 2100.2 Essential service permit $300.00/$1,000.00 plus Deleted: - Deleted: $2,000.00 Deleted: $4,000.00 Deleted: $10,000.00 Deleted: 1600.3A Deleted: Home occupation Deleted: $30.00 Deleted: $300.00/$1,000.00 Agenda Page 50 City of Albertville Meeting of December 2, 2013 Ordinance 2013-010 Page 3 $50.00 per lot 2700.4A1 PUD rezoning $400.00 plus $50.00 per lot/$5,000.00 2700.4C2b PUD concept plan $300.00/$1,500.00 plus $50.00 per lot 2700.4D PUD development stage plan $300.00/$1,000 2700.4E PUD final plan $300.00/$1,000 Chapter 11 Subdivision Fees 11-2-7 Administrative subdivision $400.00/$1,500.00 11-2-7 Sketch plan $200.00/$2,500.00 plus $50.00 per lot 11-2-7 Preliminary plat: Residential $450.00/$5,000.00 or $250.00/lot, whichever is greater Commercial/industrial $450.00/$5,000.00 plus $500.00/lot 11-2-7 Final plat $400.00/$2,500.00 B. Such fees, charges, and estimated expenses (as well as deposit, if so required by the zoning administrator) shall be collected prior to city action on any application. All such applications must be accompanied by a written agreement between the city and the applicant/landowner (when the applicant is not the same person or entity as the landowner, both the landowner and the applicant must sign the agreement) whereby the applicant/landowner agrees to pay all applicable fees, charges, administrative, planning, engineering, and legal expenses associated with the review and processing of the development application, if these expenses exceed the application escrow, and which allows the city to assess the above fees, charges, Deleted: $300.00/$500.00 Deleted: $200.00/$1,000.00 plus $50.00 per lot Deleted: $300.00/$500.00 Agenda Page 51 City of Albertville Meeting of December 2, 2013 Ordinance 2013-010 Page 4 and expenses against the landowner if such monies are not paid within thirty (30) days after a bill is sent to the applicant/landowner. C. These fees shall be in addition to sewer access charges, water access charges, building permit fees, inspection fees, subdivision fees, charges, and expenses and other such fees, charges, and expenses currently required by ordinance or which may be established by ordinance in the future. (Ord. 2004-23, 12-20-2004; amd. Ord. 2005-08, 12-19-2005, eff. 1-1-2006; Ord. 2006-13, 12-4-2006; Ord. 2007-13, 11-19-2007, eff. 1-1-2008; Ord. 2008-010, 12-15-2008, eff. 1-1-2009) Section 2. With the changes to the table above adopted, Title 11 Subdivision Regulations, Chapter 2 Administration and Enforcement, Section 11-2-7A. 1.- 4. Fees, Charges, and Expenses of the Albertville City Code is hereby amended to reflect the relevant fees listed in the table above. Section 3. Effective Date. This ordinance shall be effective upon passage and publication. Approved the City of Albertville City Council this 2nd day of December, 2013. ________________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 52 Page 1 of 2 Couri & Ruppe, P.L.L.P. Memo To: Adam Nafstad, City Administrator; Albertville City Council From: Mike Couri Date: November 26, 2013 Re: Attorney Report Below is an update of the projects our office has been working on for the City. • I-94 Ramp Easement. The State is asking the City to obtain I-94 ramp easement from Albertville Marketplace using a revised legal description as the State wants clearer language in the deed from the City to the State for the ramp easement. The easement area remains unchanged—the State simply wants its specific language used in the easement document. Adam and I will be working with Albertville Marketplace to obtain the proper language. • Pond Property Purchase. John Darkenwald is not yet ready to meet to discuss the terms of a sale/use of the recently-appraised City lot behind the outlet mall. • Charter Cable/Televising of Council Meetings. I have spoken with Bob Vose of Kennedy & Graven regarding the $10,000 that Charter owes us pursuant to the franchise agreement. As you may recall, Charter’s position is that they will pay us the money, but will recover that amount from Albertville’s residents by putting a special charge on residents’ bills. Mr. Vose confirmed 1) that cable television rates have been deregulated, which would allow Charter to raise its rates for Albertville residents if it wanted to; and 2) that federal court decisions have found that a company like Charter has a First Amendment free speech right to print what it wants to on its billings, provided the statements on the billings are not misleading. In short, Charter can raise its rates to Albertville residents by putting Agenda Page 53 Page 2 of 2 a separate line item charge on the bill and label it “City of Albertville franchise fee” and there is essentially nothing we can do about it. Mr. Vose suggested that we might want to approach Charter with the proposition that we would be willing to accept less than the $10,000 if they would agree not to tack it onto their Albertville customers’ bills, as the temporary surcharge would likely confuse their customers and the higher rate might cause some of them to seek an alternative provider. This approach may be worth a try. • Guardian Angels Senior Housing. The plat and all documentation are with the County Recorder for recording. • Hunters’ Pass 2nd Addition. I will be drafting a developer’s agreement for this plat. Agenda Page 54 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2013\120213\120213 RCA for Terrazo floor.doc Meeting Date: December 2, 2013 November 27, 2013 SUBJECT: ADMINISTRATION - CITY HALL TERRAZZO FLOOR RESTORATION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the quote from ACT Restoration in the amount of $9,518.00 to restore the terrazzo floor on the main level of City Hall. BACKGROUND: Staff recently met with Tegrete Corporation (formerly Carlson Building Services, Inc.) to review the current cleaning specifications for City Hall and to inquire about options for repairing and maintaining the flooring at both City Hall and the Fire Hall. Staff specifically inquired about options for the terrazzo floor on the main level of City Hall. There has been no maintenance on the floor since City Hall was built. Tegrete suggested a one- time restoration of the floor which includes removing the existing coating, diamond grinding/buffing to remove scratches, polishing and buffing, and applying an anti-slip coating to the floor. Follow up care for the terrazzo floor would include burnishing every 12-16 months for a small fee. Tegrete bid the project and received two quotes. Tegrete has recommended the low bid from ACT Restoration. KEY ISSUES: • Staff has received comments regarding the condition/appearance of the floor, which will require a deep polishing to correct. • ACT is willing to complete the project when City offices are not open and will work weekends for no additional cost. • ACT is the lowest bid received. ACT quoted $9,518.00 and the other quote received was from QC Companies in the amount of $10,326.00. QC required additional electrical work and equipment for a cost as well as additional costs for weekend work. • ACT is willing to complete the project when City offices are not open and will work weekends for no additional cost. POLICY/PRACTICES CONSIDERATIONS: The City Council has the authority to approve improvement projects and quotes. FINANCIAL CONSIDERATIONS: The funding for restoring the terrazzo floor would come partly from the 2013 current budgeted amount of capital replacement for City Hall in the amount of $4,000 and the remaining $5,518 would come from either the general fund balance or capital reserves. Responsible Person/Department: Adam Nafstad, City Administrator-PWD Attachments: ACT Restoration Quote Agenda Page 55 Agenda Page 56 City Administrator’s Update November 26, 2013 GENERAL ADMINISTRATION LMCIT Insurance Renewal: The City has received its renewal quote from the League of MN Cities Insurance Trust. The general liability/property insurance premiums for 2014 have increased due to the League’s new formula for calculating risk and rating factors. The insurance premium for 2014 is $78,509 which is slightly higher than 2013 which was $72,006, but still much lower than 2011 which was $99,526. Sheriff’s 3rd Quarter Report (attached): In short, the report shows total calls from July 1 to September 30 to be at a 5-year low (771 total calls with 838 as the 5-year average). Criminal Arrests for the quarter are also significantly lower than in past years (48 vs. 5-year average. of 71). Niemeyer Trailer Sales: The paperwork for Mr. Niemeyer’s request to defer and extend the existing assessment on his property has been completed and submitted to the County. The deferment will commence in 2014. Based on discussions with Mr. Niemeyer, it is believed he will be submitting a development application in January with plans to begin construction in late March early April. ENGINEERING/PUBLIC WORKS Public Building Interconnect: The fiber is pulled to the buildings and the Contractor will start activating the fiber to go live the week of December 2nd. The server is 80% complete and the remaining work relies on the fiber being live and having the phones installed. The project is still on schedule for completion by the first of the year at this point. 57th Street N.E. – 2014 Project: Staff met with The Catholic Church of St. Albert’s building and grounds committee last week to discuss the potential for a joint project in 2014. The Church is very interested in the joint project concept, and staff and the Church committee will meet again in December to discuss further. Based on the meeting, staff will be revising the project concept drawing and will prepare a preliminary cost estimate for both parties. Staff will be pursuing Council authorization for plans and specs in January. UPCOMING EVENTS and ANNOUNCEMENTS • December 9 (Monday) – Informational meeting regarding the new RiverRider transit service, 2:00 p.m. at the Senior Center • December 12 (Thursday) – Retirement party for Senior Center Director Joyce Flurry, 3:00 p.m. – 7:00 p.m. (short program at 5:00 p.m.) at St. Michael City Center ATTACHMENTS: • Sheriff’s Office 3rd Quarter Summary Report Agenda Page 57 Agenda Page 58 Agenda Page 59 Agenda Page 60 Agenda Page 61 Agenda Page 62 Agenda Page 63 Agenda Page 64 Agenda Page 65