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2023-02-06 City Council Agenda PacketCity of Albertville Council Agenda Monday, February 6, 2023 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. Oath of Office John Hayden, Councilmember Term Expires – December 31, 2024 Pages 4-5 6-11 12-15 16-17 18 19-21 22 23-24 25-31 32-57 1.Call to Order 2.Pledge of Allegiance – Roll Call 3.Recognitions – Presentations - Introductions A.2022 Albertville Fire Department Annual Awards B.Wright County Public Health Radon Awareness Month 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 January 17, 2023, regular City Council Meeting minutes as presented. B.Approve January 31, 2023, Joint Governance and Albertville Special Meeting minutes as presented. C.Authorize the Monday, February 6, 2023, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. D.Approve the 2023 Albertville Fire Relief Association Bylaws. E.Approve One-Day Temporary Liquor License for STMA All Night Grad Party event on February 25, 2023, to be located at St. Albert Parish Center, 11458 57th Street NE. F.Accept Accounts Receivable Report. 7.Public Hearing A.Public Hearing – Request to Vacate a Portion of 2nd Street and Lamont Avenue within the Townsite of Hamburg •Mayor to open the public hearing •Motion to close the public hearing (Motion to adopt Resolution No. 2023-06 vacating a portion of 2nd Street and Lamont Avenue (F.K.A. Pacific Avenue) within the Townsite of Hamburg in the City of Albertville.) B.Particle Control Developer’s Agreement (Motion to approve Particle Control Developer’s Agreement.) City of Albertville City Council Agenda Monday, February 6, 2023 Page 2 of 3 58-59 60-62 63-66 67-68 69-70 71-82 83-112 113-115 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.) 2.Appointment of New Parks Committee Member (Motion to adopt Resolution No. 2023-07 appointing a new Parks Committee Member.) 3.Amendment to 2023 Council Appointments to Boards and Committees (Motion to adopt Resolution No. 2023-08, with amendments, appointing City Council members to various boards and committees for 2023.) 4.Discussion of Planning Commission Vacancy B.Building 1.Approve New City Building Official Designation (Motion to adopt Resolution No. 2023-09 approving new City Building Official Designation effective March 15, 2023.) C.City Clerk 1.Local Board of Appeals and Equalization Meeting Date (Motion to Set the meeting date for the Albertville Local Board of Appeals and Equalization for April 17, 2023, at 6:15 pm.) D.Finance – None E.Fire 1.Authorize a Fire Department Board of Officers Training Captain Promotion (Motion to authorize the promotion of Lieutenant Gerald Gerads to the position of Training Captain.) 2.Authorize a Fire Department Board of Officers Lieutenant Promotion (Motion to authorize the promotion of Firefighter Chris Thurber to the position of Lieutenant.) 3.2023 Standard Operating Policies and Procedures Updates Motion to approve revisions and updates to the 2023 Fire Department Standard Operating Policies and Procedures.) 4.Albertville Fire Department Presentation – Year in Review F.Planning and Zoning 1.Sign Ordinance Amendment to Section 10-7-8 Permit Fees (Motion to adopt Ordinance No. 2023-01 amending Section 10-7-8.C Permit Fees reestablishing the billboard renewal fees.) City of Albertville City Council Agenda Monday, February 6, 2023 Page 3 of 3 G.Public Works/Engineering – None H.Legal 1.Update on Maeyaert Property - Verbal I.Administration 1.Commercial Stormwater Recap 116-117 2.City Administrator’s Update 118-119 10.Announcements and/or Upcoming Meetings February 13 STMA Arena Board, 6 pm February 14 Planning Commission, 7 pm February 20 City Offices are closed in observance of President’s Day February 21 City Council, 7 pm (Tuesday) February 27 Joint Powers Water Board, 6 pm Parks Committee, 7 pm March 6 City Council, 7 pm 11.Adjournment 2022 Albertville Fire Department – Annual Awards: •2023 Service-Year Awards: 5-years: o Firefighter B. Verville 10-years: o Firefighter J. Kreutner 15-years: o Lieutenant K. Anderson o Firefighter D. Eull 20-years: o Firefighter P. Gonsior o Firefighter R. Tiernan •2022 Resignations: Firefighter J. Lindberg = 1-year Reserve Firefighter Z. Schoen = 2-years Firefighter R. Reinking = 3-years •2022 Retirements: Deputy Fire Chief J.Davis = 20-years Firefighter S. Olson = 16-years Agenda Page 4 • 2022 Top Volunteer Hours:  Firefighter C. Follett = 99 Hours  Honorable Mention: o Firefighter T. Gonsior = 74 Hours o Firefighter N. Ose = 69 Hours o Firefighter G. Grove = 47 Hours o Firefighter B. Verville = 45 Hours  Department Total / Average = 718 Hours / 22 Hours per Member • 2022 Top Caller:  Firefighter T. Gonsior o 397 Calls (72.31 %)  Department Average = 208 / 37.89% per Member  Honorable Mention: o Firefighter C. Follett = 386 / 70.31% o Firefighter J. Grove = 306 / 55.74% o Firefighter C. Holzerland = 300 / 54.64% o Firefighter C. Thurber = 284 / 51.73% o Firefighter G. Hubbard = 283 / 51.55% • 2022 Paul Heinen Above and Beyond Award:  Nominations: N. Dording, D. Eull, J. Eull, C. Follett, K. Gammell, G. Gerads, P. Gonsior, C. Holzerland, N. Ose o Second Runner-Up = C. Follett o Runner-Up = N. Dording o Winner: Lieutenant G. Gerads Agenda Page 5 hello! I’m your new radon test kit. Take me out of my plastic wrapping and hang me up by my hook! Radon: Leading cause of lung cancer for non-smokers.Only 1 out of 5 lung cancer patients are living 5 years after diagnosis. Minnesota’s radon levels are more than 3x higher than the rest of the United States. 2 out of 5 Minnesota homes have high radon levels. YOU can reduce your lung cancer risk by TESTING your home for radon I’m easy to use! Turn over to f ind out how. Agenda Page 6 1 2 3 4 5 HOW TO TEST FOR RADON In 5 Easy Steps 1 Unwrap. Fill out test kit information.2 Place cardboard in mouth of test kit as shown above. 3 Hang the test kit up by its hook. Keep up 3 – 7 days. Test the lowest level of the home you regularly use (10 plus hours a week). Hang it up at least 20 inches above the f loor. Keep windows closed. At least 3 feet from windows/exterior doors. Do not place in kitchen or bathroom. 4 Cut of f hook, take out cardboard, seal kit, and write down the serial number. 5 Fill out all the information and mail it in right away. Agenda Page 7 Radon is a colorless and odorless gas found in the soil and common throughout Minnesota. Because soil is porous, radon moves up from the soil and into the home. The gas can accumulate in the air we breathe becoming a health concern. Radon gas decays into f ine particles that are radioactive. When inhaled, these f ine particles can damage the lung. Exposure to radon over a long period of time can lead to lung cancer. Radon is a serious public health concern in Minnesota. The average radon level in Minnesota is more than three times higher than the U.S. radon level. In Minnesota, more than two in f ive homes have radon levels that pose a signif icant health risk. Any radon level poses some health risk and it is not possible to reduce radon to zero. The best approach is to lower the radon level as much as possible. The Environmental Protection Agency (EPA) has set the action level at 4 pCi/L (picocuries of radon per liter of air). At 4 pCi/L or higher it is recommended to install a radon mitigation system to reduce the radon levels. MDH recommends all Minnesotans test their home for radon. A radon test is the only way to f ind out how much radon is in your home. You can test your home yourself. Start with a short-term test. Your local health department or government agency may of fer test kits at reduced prices. You can also order a short-term radon test kit at mn.radon.com. If the radon is high, hire a licensed radon professional to install a radon mitigation system. Licensed radon professionals are on MDH’s website at mn.gov/radonpro. You can find more information on radon, including ordering a radon test kit and how to understand your radon test result, at mn.gov/radon. What is radon? What are the levels in Minnesota? What is a safe level? What can I do? Understanding Radon In Minnesota, 2 in 5 homes have high radon. Radon: Leading cause of lung cancer in non-smokers. 16 - 35% 36 - 50% 51 - 64% 65 - 80% ( Years 2010 - 2020) Percent of MN Properties Tested for Radon that are 4 pCi/L radon radon SOIL December 2022 Agenda Page 8 radon A brief guide on how to keep you safe from radon Agenda Page 9 RADON TEST What is radon? Radon is a colorless and odorless gas found in the soil and common throughout Minnesota. Because soil is porous, radon moves up from the soil and into the home. The gas can accumulate in the air we breathe becoming a health concern. Why is it a health concern? Radon gas decays into small particles that are radioactive and when we inhale these small particles they can damage the lung. Exposure to radon over a long period of time can lead to lung cancer. In Minnesota, more than two in five homes have radon levels that pose a significant health risk. Percent of MN Properties Tested for Radon that are ≥ 4 pCi/L (Years 2010 – 2020) 16% – 35% 36% – 50% 51% – 64% 65% – 80% What is a safe level of radon? Any radon level poses some health risk and it is not possible to reduce radon to zero. The best approach is to lower the radon level as much as possible. The Environmental Protection Agency (EPA) has set the action level at 4 pCi/L (picocuries of radon per liter of air). At 4 pCi/L or higher it is recommended a radon mitigation system is installed to reduce the radon level. What can I do? MDH recommends all Minnesotans test their home for radon. A radon test is the only way to find out how much radon is in your home. You can test your home yourself or hire a licensed professional. The result from a properly performed test will help you decide if you need to reduce your home’s radon levels. Test for radon The two basic radon tests available are a short- term and a long-term test. Do a short-term test first. Your local health department or government agency may offer test kits at reduced prices. Information on where to find radon test kits can be found at the MDH website. When buying a home consider hiring a licensed radon professional to perform the test. The back of this guide provides recommended actions to take based on the test results. Reduce radon – if high If radon is high, hire a licensed radon professional to install a radon mitigation system. Radon mitigation systems use a fan to pull air from the soil and exhaust it outdoors. All systems should reduce radon below the EPA action level of 4 pCi/L. Once installed, the licensed professional will place a tag on the system. Call MDH if you have questions or wish to request an inspection. Find more information mn.gov/radon – Information on radon and where to find radon test kits. mn.gov/radonpro – List of licensed radon professionals. Agenda Page 10 Radon Testing Guidelines Less than 2 Between 2 to 8 8 or greater Start with a short-term test Understanding your f irst test result Result (pCi/L) Action Retest every 2 to 5 years Do a second test, either a short or long-term test Do another short-term test Less than 2 Between 2 to 4 4 or greater Understanding your second test result Result (pCi/L) Action Retest every 2 to 5 years Consider mitigating Mitigate Deciding to mitigate should be based on the long-term test result or the average of two short-term tests. In real estate transactions, the decision to mitigate should be based on a continuous monitor test or the average of two short-term tests done side by side. Indoor Air Unit PO Box 64975 St. Paul, MN 55164–0975 651-201-4601 health.indoorair@state.mn.us mn.gov/radon Updated 9/2022Agenda Page 11 ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES January 17, 2023 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7 pm. 2. Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Olson and Zagorski. Staff Present: City Administrator Nafstad and City Clerk Luedke. 3. Recognitions – Presentations – Introductions – None 4. Public Forum A. Mr. Felix Langford, 12053 78th Street, Otsego, provided an update on his father’s health and thanked the Council for allowing him to speak. He said he wanted to follow up on the status of the City’s moratorium on THC products because he was very interested in opening a store in the City of Albertville. Mr. Langford answered questions for the Council and provided information on THC products. There was Council discussion regarding the current moratorium on THC products, the legislative guidelines and the possibly of cannabis products being legalized in the State of Minnesota. City Administrator Nafstad provided additional information on the moratorium and said the City Attorney was in the process of drafting a licensing ordinance and answered questions from Council. City Clerk Luedke answered questions from the Council. B. Wright County Commissioner Holland introduced herself and said she was excited to be representing the cities of Albertville and Otsego. She provided background information on herself which included serving on the St. Michael-Albertville School board for 14 years. Commissioner Holland also presented information on the Wright County Committees that she would be serving on, different Wright County programs and the approximate property value increases. She answered questions from Council. The Council congratulated Wright County Commissioner Holland and thanked her for attending the Council meeting. 5. Amendments to the Agenda There were no amendments to the agenda. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to approve the January 17, 2023, agenda as submitted. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Agenda Page 12 City Council Meeting Draft Minutes Page 2 Regular Meeting of January 17, 2023 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 January 3, 2023, regular City Council Meeting minutes as presented. B. Authorize the Tuesday, January 17, 2023, 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 One-Day Temporary Consumption and Display Permit application for the Albertville Fire Relief Association and an exemption from prohibition of liquor consumption at the Albertville Fire Hall, located at 11350 57th Street NE for February 18, 2023. D. Authorize the promotion of the following individual from Reserve Firefighter to Probationary Paid-On-Call Firefighter with the Albertville Fire Department: Jason Kohout. E. Approve the annual permit renewal for Consumption and Display of liquor for the Albertville City Hall building, located at 5959 Main Avenue NE, for the period of April 1, 2023 through March 31, 2024. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the January 17, 2023, consent agenda as submitted. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. There were no updates from the Wright County Sheriff’s Office. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Councilmember Cocking provided an update from the STMA Arena Board meeting which included an overview of the history of the STMA Arena, the Joint agreement the City of Albertville has with the STMA School District and City of St. Michael. He also reported on an overview of the budget and possibly future plans at the Arena. He answered questions from the other Councilmembers. City Administrator Nafstad provided additional information from the STMA Arena Board meeting. 2. Declare a Vacancy on the Albertville City Council MOTION made by Councilmember Olson, seconded by Councilmember Cocking to adopt Resolution No. 2023-04 declaring a vacancy on the Albertville City Council. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Agenda Page 13 City Council Meeting Draft Minutes Page 3 Regular Meeting of January 17, 2023 The Council discussed the vacancy on the Albertville City Council due to Councilmember Hudson being elected to State Representative of District 30A. The Council said the City had received 3 emails of interest for the open position, John Hayden, Blair Huggins and Andy John. Both John Hayden and Blair Huggins are current Planning Commission members and were in attendance at the meeting. The Council requested each of them to address the Council with the reason they were interested in being appointed to the Albertville City Council. John Hayden introduced himself and stated he has an interest in serving the community that he lives in and joining a team. He said he believes his years and experience on the Albertville Planning Commission, working with other community organizations and his skills working with the public in the role of school administrator in Buffalo would be a benefit to the community. Mr. Hayden answered questions from Council regarding his experience on the Planning Commission. Blair Huggins introduced himself and stated he is interest in local government and said he was a teacher at the STMA-Albertville School District. He said he was looking for additional opportunities to contribute to the Albertville community and enjoyed serving on Planning Commission. Mr. Huggins answered questions from Council regarding his experience on the Planning Commission. The Council asked both candidates if they would be interested in running for City Council in 2 years when the term was up. Both candidates said they would be interested in running for City Council when the term expired. The Council discussed both candidates and thanked them for submitting an email of interest for the vacancy and added they felt either candidate would be a good addition to the Albertville Council. Councilmember Cocking said he would make a motion to appoint John Hayden due to him serving longer on the Albertville Planning Commission. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to appoint Mr. John Hayden to fill the City Council Vacancy. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. B. Building – None C. City Clerk – None D. Finance – None E. Fire – None F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal – None I. Administration – None Agenda Page 14 City Council Meeting Draft Minutes Page 4 Regular Meeting of January 17, 2023 Announcements and/or Upcoming Meetings January 23 Joint Powers Water Board, 6 pm Parks Committee, 7 pm January 30 Joint Governance Meeting, 6 pm February 6 City Council, 7 pm February 13 STMA Arena Board, 6 pm February 14 Planning Commission, 7 pm February 20 City Hall closed in observance of President’s Day February 21 City Council, 7 pm (Tuesday) 10. Adjournment MOTION made by Councilmember Olson, second by Councilmember Cocking to adjourn the meeting at 8:02 pm. Ayes: Cocking, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 15 St. Michael-Albertville School Board City of Albertville City of St. Michael Joint Governance Meeting Minutes Monday, January 30, 2023, 6:00 p.m. St. Michael City Hall Mayor Wettschreck called the meeting to order at 6:05 p.m. STMA School Board Members Present: Tim Lewis, Carol Steffens, Hollee Saville, and Travis Weber; And Superintendent Dr. Ann-Marie Foucault. City of St. Michael Present: Mayor Keith Wettschreck; Councilors: Ryan Gleason, Joe Hagerty, Tom Hamilton, and Scott Pedersen; City Administrator Steve Bot, Community Development Director Marc Weigle, and Deputy Clerk Amy Woitalla. City of Albertville Present: Mayor Jillian Hendrickson; Councilors: John Hayden, Rob Olson, and Bob Zagorski; City Administrator Nafstad. Mayor Wettschreck welcomed the group and introductions were made. Set Agenda Hendrickson/Gleason moved to set the agenda. All voted aye. Financial Update, Operating Referendum, Legislative Advocacy, and Possible Budget Scenarios Based on State Funding Options Superintendent Dr. Foucault shared a video regarding inequities in state funding for schools and how it effects STMA. She then reviewed several legislative bills and how the Board establishes the priorities for the 2023 legislative session. City of Albertville Development/Project Update City Administrator Nafstad provided a brief update on the current development projects happening in the City of St. Albertville. Updates from the City on housing Developments City Administrator Steve Bot provided a brief update on the current development projects happening in the City of St. Michael. The next joint meeting is scheduled for Monday, October 20, 2023, at 6:00 p.m. Adjourn Hendrickson/Gleason moved to adjourn at 7:05 p.m. All voted aye. Attest: Mayor Keith Wettschreck Agenda Page 16 After the Joint Governance meeting, Mayor Hendrickson called a Special Council meeting to order at 7:06 pm. Present: Mayor Hendrickson, Councilmembers Zagorski and Olson and newly appointed Councilmember Hayden. Absent: Councilmember Cocking Staff Present: Adam Nafstad, City Administrator-PWD The Albertville City Council discussed a Resolution authorizing City staff to submit an application for grant funding for the I-94 Pedestrian Bridge project. The Council approved the submittal of the grant application. MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to adopt Resolution No. 2023-05 authorizing an application for grant navigation support for the City of Albertville. Ayes: Hendrickson, Olson and Zagorski. Nays: None. Absent: Cocking. The motion carried. Adjournment: MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to adjourn the meeting at 7:10 pm. Ayes: Hendrickson, Olson and Zagorski. Nays: None. Absent: Cocking. The motion carried. Respectfully submitted, ____________________________ Adam Nafstad, City Administrator Agenda Page 17 Mayor and Council Request for Action February 6, 2023 SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, February 6, 2023, 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 18 Mayor & Council Request for Action February 6, 2023 SUBJECT: CONSENT – FIRE – 2023 ALBERTVILLE FIRE RELIEF ASSOCIATION BYLAWS RECOMMENDATION: Staff respectfully requests Council consideration regarding the updated 2023 Albertville Fire Relief Association Bylaws. MOTION TO: Approve the 2023 Albertville Fire Relief Association Bylaws. BACKGROUND: The Albertville City Council authorized the current Albertville Fire Relief Association Bylaws on February 16, 2021. There are three minor Relief Association Bylaw updates which required Relief Association Board of Trustees, and now City Council, approval. 1. ARTICLE III - OFFICERS AND TRUSTEES a. Updated the “Odd-Year Term” dates for the Relief Association Board of Trustees 2. ATTACHMENT A – BENEFIT LEVEL a. On September 6th, 2023, the Albertville Fire Relief Association Board voted unanimously to authorize an Annual Retirement Benefit increase from $3700 to $4200 per year of service. The City Council approved the Annual Retirement Benefit increase, and resulting Resolution, on September 9th, 2023. The Albertville Fire Relief Association Bylaws, Attachment A, is now updated to reflect the increase, which took effect on January 1st, 2023. 3. ATTACHMENT C – Approved Payouts a. Allow an increase in the monthly meeting food allowance from $150 to $200 b. Add shipping costs to the already approved retirement gifts. If approved by the City Council, the 2023 Albertville Fire Relief Association Bylaws will become effective immediately. 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: • 2023 Albertville Fire Relief Association Draft Bylaw Changes • A full copy of the Albertville Fire Relief Association Bylaws is available on request Agenda Page 19 Mayor and Council Request for Action – February 6, 2023 Consent – Fire – Fire Relief Association Bylaws Page 2 of 3 ARTICLE III - OFFICERS AND TRUSTEES The elections of the Board of Trustees (Non-Municipal) will be staggered, and shall follow this schedule: Odd-Year Term (2023-2024): Even-Year Term (2022-2023): President Vice-President Treasurer Secretary Trustee #1 Trustee #2 ATTACHMENT A – BENEFIT LEVEL BENEFIT LEVEL AMOUNT DATE APPROVED BY RELIEF ASSOCIATION DATE RATIFIED BY CITY EFFECTIVE DATE $2,400 1/1/2015 $2,600 4/6/17 11/20/17 1/1/2018 $2,800 3/28/19 4/1/19 4/1/2019 $3,200 7/30/2020 8/17/2020 1/1/2021 $3,700 7/1/2021 9/7/2021 1/1/2022 $4,200 9/6/2022 9/9/2022 1/1/2023 Agenda Page 20 Mayor and Council Request for Action – February 6, 2023 Consent – Fire – Fire Relief Association Bylaws Page 3 of 3 ATTACHMENT C – Approved Payouts These listed payouts have been approved by the Albertville Fire Relief Association members throughout each year and no voting is necessary to payout, unless amounts are changed. 1. Approved – Paid on Call members, Department Jacket up to $200. 2. Approved – Monthly Business Meeting, Food allowance up to $200 (10/13/2022). 3. Approved - $300 gift, plus shipping costs, for any member separating from service with between 10 and 20-years of service (1/12/2023). 4. Approved - $500 gift, plus shipping costs, for any member separating from service with over 20-years of service (1/12/2023). 5. Approved – Invitation to the next Annual Holiday Fire Department Party for any member, and their family, who separates from service with over 10-years of service. Agenda Page 21 Mayor and Council Request for Action February 6, 2023 SUBJECT: CONSENT – CITY CLERK – STMA GRAD PARTY TEMPORARY LIQUOR LICENSE APPROVAL RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve an On-Sale Temporary Liquor License application for STMA GRAD Party Event to be located at the St. Albert Parish Center, 11458 57th Street NE on February 25, 2023. BACKGROUND: STMA Grad Party has applied for a temporary liquor license for their Beer and Wine Tasting Fundraiser event to be located at the St. Albert Parish Center, 11458 57th Street NE, Albertville on February 25, 2023. KEY ISSUES: • The STMA Grad Party is a non-profit organization and they have applied for an on-sale temporary liquor license. • The organization is requesting to provided alcohol during their Beer and Wine Fundraiser for the class of 2023 all night grad party. • STMA Grad Party has submitted the $100 fee for a temporary liquor license and has purchased insurance coverage from St. Parish facility. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD On File: • Temporary Liquor License application Agenda Page 22 Mayor and Council Communication February 6, 2023 SUBJECT: CONSENT - FINANCE – ACCOUNTS RECEIVABLE REPORT ACCOUNTS RECEIVABLE: Total accounts receivable outstanding through January 31, 2023, is $282,578.19. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $274,919.55 97.29% 30-60 days outstanding $ 3,818.77 1.35% 60-90 days outstanding $ 3,090.60 1.09% Over 90 days outstanding $ 749.27 0.27% 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 regarding all financial matters. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Accounts Receivable Report Agenda Page 23 Mayor and Council Communication – February 6, 2023 Finance – Accounts Receivable Report Page 2 of 2 Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days & Over Bistodeau, Tony $4.06 $0.03 $0.03 $4.00 City of Otsego $260,300.86 $260,300.86 City of St. Michael $4,992.76 $4,992.76 Culver's Restaurant $306.92 $306.92 FYCC $516.53 $516.53 Hamilton, Luke $305.00 $155.00 $150.00 Hockey Finder $1,224.08 $1,224.08 Huber, Becky $305.00 $155.00 $150.00 Integrate Properties $145.00 $145.00 JKZ Holding, LLC $1,083.88 $1,083.88 Lakes Arena Training $36.32 $18.16 $18.16 Landform Professional $2,265.80 $110.00 $2,155.80 Lil Explorers Properties $95.27 $26.53 $23.52 $360.60 -$315.38 Maeyaert, Chuck $4,046.25 $146.25 $1,170.00 $2,730.00 Monticello Fire & Rescue $370.80 $370.80 NJ Properties $825.00 $825.00 Simon Property Group $203.34 $1.67 $1.67 $200.00 State of MN - Tax Forfeit $869.83 $4.59 $4.59 $860.65 Wright County Highway Dept $4,681.49 $4,681.49 Total $282,578.19 $274,919.55 $3,818.77 $3,090.60 $749.27 Current 0-30 days $274,919.55 97.29% 30-60 days $3,818.77 1.35% 60-90 days $3,090.60 1.09% over 90 day $749.27 0.27% Agenda Page 24 Mayor and Council Request for Action February 6, 2023 SUBJECT: PUBLIC HEARING – LEGAL – REQUEST TO VACATE A PORTION OF 2ND STREET AND LAMONT AVENUE WITHIN THE TOWNSITE OF HAMBURG RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2023-06 vacating a portion of 2nd Street and Lamont Avenue (F.K.A. Pacific Avenue) within the Townsite of Hamburg in the City of Albertville. BACKGROUND: Last fall the City granted preliminary plat approval to the Particle Control Albertville plat, pending approval by the Wright County Highway Department of the proposed access to CSAH 137, which has since been granted. That approval will allow the eastern access to the Particle Control property to be moved farther east, therefore allowing for the vacation of a portion of Second Street which will now become part of Lot 1 on the revised final plat. The issue before the Council now is whether to vacate that portion of 2nd Street and Lamont Avenue shown on the attachment to this memo. KEY ISSUES: • The portion of 2nd Street proposed to be vacated is mostly grass and has never been developed as a street. • The portion of Lamont Avenue proposed to be vacated is a gravel City Street that has been used by Particle Control as a driveway for many years, and currently connects to 60th Street to the South. • Two residential properties abut on either side of Lamont and front on 60th Street. One of these properties accesses their property from a driveway on 60th Street. The other property uses Lamont to access their property, but the portion of Lamont used by this property owner is not proposed to be vacated. The remainder of Lamont used by this property owner will still access 60th Street and will leave their access to their property from 60th Street unchanged but will no longer permit access from County Highway 137 south on Lamont Avenue. • The Barthel property abutting 2nd Street will have access directly to County Highway 137 from a portion of 2nd Street that will remain unvacated. The access to Highway 137 across the unvacated portion of 2nd Street will be constructed by Particle Control. POLICY/PRACTICES CONSIDERATIONS: Albertville has vacated streets in the past when they have not been used for decades, or have been underutilized because alternative access exists. The portion of 2nd Street proposed to be vacated has not been built out at least since State Highway 152 came through Albertville in the 1950s or 1960s (and it may never have been constructed since its platting in the early 1900s—we have not gone back that far in history). The portion of Lamont proposed to be vacated is a gravel street that appears to be little used except by Particle Control. Agenda Page 25 Mayor and Council Request for Action – February 6, 2023 Public Hearing – Vacation of Part of 2nd Street Page 2 of 2 FINANCIAL CONSIDERATIONS: Vacation of the roads is projected to have no financial impact upon the City. LEGAL CONSIDERATIONS: The City Council has the ability to vacate roads within the City upon a vote of 4/5ths of the City Council if it appears in the public interest to do so. Responsible Person: Mike Couri, City Attorney Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Map showing proposed road vacation • Particle Control Site Plan • Resolution 2023-06 • Aerial photo of 2nd Street and Lamont Avenue Agenda Page 26 Meyer-Rohlin DATE: 12/28/2022 DRAWN BY: AAN FILE NO. 22210 708 1st Avenue NE, #1 Ph. 763.682.1781 www.meyerrohlin.com Buffalo, MN 55313 Meyer-Rohlin RIGHT - OF - WAY VACATION EXHIBIT LOCATED IN THE PLAT TOWNSITE OF HAMBURG CITY OF ALBERTVILLE WRIGHT COUNTY, MN Agenda Page 27 LEGEND: SITE PLAN NOTES GENERAL NOTES KEY NOTES: SURVEY DATAPROJECT LOCATIONPROPERTY DESCRIPTIONAPPROXIMATE GROSS AREAPARKING DATA: INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGNP.O.Box 135Albertville, MN 55301Keith Arnskeith@particlecontrolinc.com763-497-3075PARTICALCONTROL, INC.SETBACK: EXISTING ZONINGAgenda Page 28 CITY OF ALBERTVILLE WRIGHT COUNTY RESOLUTION NO. 2023-06 RESOLUTION VACATING A PORTION OF 2ND STREET AND LAMONT AVENUE (F.K.A. PACIFIC AVENUE) WITHIN THE TOWNSITE OF HAMBURG IN THE CITY OF ALBERTVILLE WHEREAS, the City Council, pursuant Minnesota Statute §412.851, did hold a public hearing on February 6, 2023, at 7 p.m. at the Albertville City Hall and heard from all interested parties on whether to vacate those street easements described in Exhibit A to this Resolution; and WHEREAS, all notice requirements of Minnesota Statute §412.851 have been satisfied; and WHEREAS, the City Council finds and determines that it is in the public interest to vacate those portions of 2nd Street and Lamont Avenue described on the attached Exhibit A as such easements are no longer required by the City. NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville, Wright County, Minnesota does hereby order as follows: 1. That those portions of 2nd Street and Lamont Avenue described on the attached Exhibit A to this resolution are hereby vacated. 2. The City Clerk is directed to file a certified copy of this Order in the records of the City and a “Notice of Completion of Proceeding” with the Office of the Wright County Auditor and Recorder. Adopted by the City Council of the City of Albertville this 6th day of February 2023. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 29 City of Albertville Resolution No. 2023-06 Meeting of February 6, 2023 Page 2 EXHIBIT A That part of Second Street and that part of Lamont Avenue N.E. (F.K.A. Pacific Avenue) dedicated in the Townsite of Hamburg, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Beginning at the northeast corner of Lot 7, Block A of said Townsite of Hamburg; thence westerly along the north line of said Block A and its westerly extension to the southerly extension of the east line of Block D of said Townsite of Hamburg; thence northerly along said southerly extension and said east line of Block D to the southerly right-of-way line of C.S.A.H. No. 37; thence southeasterly along said southerly right-of-way line to the west line of Block C of said Townsite of Hamburg; thence southerly along said west line to the southwest corner of said Block C; thence easterly along the south line of said Block C to said southerly right-of-way line of C.S.A.H. No. 37; thence southeasterly along said southerly right-of-way line to the northerly extension of the east line of said Lot 7, Block A; thence southerly along said line to the point of beginning. Agenda Page 30 Agenda Page 31 Mayor and Council Request for Action February 6, 2023 SUBJECT: LEGAL – PARTICLE CONTROL DEVELOPER’S AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Particle Control Developer’s Agreement. BACKGROUND: Last fall the City granted preliminary plat approval to the Particle Control Albertville plat, pending approval by the Wright County Highway Department of the proposed access to CSAH 137, which has since been granted. That approval will allow the eastern access to the Particle Control property to be moved farther east, therefore allowing for the vacation of a portion of Second Street which will now become part of Lot 1 on the revised final plat. This developer’s agreement is a typical City PUD developer’s agreement, incorporating the conditions of both the Council’s plat and zoning approval. KEY ISSUES: • The Property will comply with the B-3 zoning district, except for the PUD elements contained in the rezoning approval. • The only municipal improvements to be constructed will be two culverts that convey water to the CSAH 37 ditch. • The Developer is required to post a letter of credit in the amount of $115,200 for public improvements, private improvements and landscaping. • Because this property has been previously platted (as part of the Townsite of Hamburg, one of the first plats in Albertville), the City will not be collecting park dedication or sanitary sewer and municipal water trunk charges. POLICY/PRACTICES CONSIDERATIONS: Except for the specific PUD provisions, this developer’s agreement is consistent with prior Albertville developer’s agreements. FINANCIAL CONSIDERATIONS: Approval of the developer’s agreement will pave the way for the recording of the plat. LEGAL CONSIDERATIONS: Except for specific PUD issues, this developer’s agreement follows the City’s standard developer’s agreement. Responsible Person: Mike Couri, City Attorney Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Particle Control Albertville Developer’s Agreement Agenda Page 32 CITY OF ALBERTVILLE DEVELOPMENT AGREEMENT/ PLANNED UNIT DEVELOPMENT AGREEMENT PARTICLE CONTROL ALBERTVILLE THIS AGREEMENT, entered into this _____ day of February, 2023 by and between N.J. Properties, LLC, a Minnesota Limited Liability Company, referred to herein as “Developer”; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as “City”; WITNESSETH: WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name “Particle Control Albertville” and shall hereinafter be referred to in its entirety as “Said Plat” or “Subject Property,” the final plat of which is attached as Exhibit B; and WHEREAS, Developer has received final plat approval for one numbered lot within Said Plat; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning Said Plat and the conditions imposed thereon; and WHEREAS, Developer has requested and been granted a rezoning of the Subject Property from Highway Commercial District to Particle Control PUD/B-3 Planned Unit Development/Highway Commercial; and WHEREAS, the City has given final approval of Said Plat contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and Agenda Page 33 WHEREAS, the City further requires that certain improvements be installed by the Developer within Said Plat, which improvements consist of bituminous or concrete driveways and parking lots, parking lot lighting, street cleanup during project development, erosion control, and other site-related items; and NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party’s promises and considerations herein set forth, as follows: 1.Planned Unit Development and Plat Approval. Said Plat is hereby approved, subject to the following conditions: A.The Subject Property is rezoned Particle Control PUD/B-3 Planned Unit Development/Highway Commercial and shall comply with the requirements of the B-3 zoning district as it is amended from time to time, except as set forth in this subparagraph 1.A: i.The site shall be developed consistent with the Site Plan attached as Exhibit C. ii.The curb widths may no wider than the 30 and 31.8-foot curb cut widths shown on the site plan attached as Exhibit C. iii. Backing into the site from County Highway 137 shall be prohibited. iv. The rear yard setback is reduced to 12.8 feet and the side yard setback is reduced to 10 feet. v.Applicant shall landscape the Subject Property consistent with the Landscape Plan attached as Exhibit D and shall maintain said landscaping in normal, healthy condition. vi. The parking stalls shown on the site plan north of the new warehouse shall be relocated to west side of the existing building. vii.All new driveways, and loading areas shall have perimeter concrete curbing and paved surfacing. viii. Water service to the building shall have separate service lines for fire suppression and potable water as it enters the building. Agenda Page 34 ix.Applicant shall install all exterior lighting, both wall mounted and freestanding lights, in accordance with a photometric plan to be submitted by Developer with its building permit application. Such photometric plan must meet the approval of the City. x.The property shall be graded in accordance with the Grading Plan attached as Exhibit E. xi.Utilities shall be installed in accordance with the Utility Plan attached as Exhibit F. xii.Developer agrees that all buildings on said Lot 1, Block 1 shall be constructed in the locations shown on the Site Plan attached as Exhibit C. a.Prior to the issuance of an occupancy permit for the building on said Lot 1, Block 1, Developer shall construct sufficient parking stalls as required by the City’s Zoning Ordinance on property adjacent to Said Plat. B.Use of lots on Said Plat. The uses on all lots of Said Plat shall comply with the City’s zoning code and applicable state law at all times. C.Developer shall develop Said Plat consistent with the Plans and Specifications for Particle Control Albertville, as prepared by Civil Engineering Site Design dated November 16, 2022 and on file in the office of the City Clerk. The Developer shall comply with all site plan approvals set by the City Council except where specifically set out in this agreement. 2.Construction of Municipal Improvements. A.The Developer shall construct those improvements located on and off Said Plat as detailed in the Plans and Specifications for Particle Control Albertville, as prepared by Civil Engineering Site Design, dated November 16, 2022 and on file with the City Clerk, said improvements to include the easterly access to Wright County Highway 137 from that portion of vacated Second Street east of Said Plat, storm sewer as well as all street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices (collectively, the “Municipal Improvements”). All the Municipal Improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the Agenda Page 35 City Engineer specifies a later date, said improvements shall be installed by October 31, 2023. B.The Developer shall provide the City with record drawings for all Municipal Improvements, consistent with City requirements and subject to review and approval of the City Engineer. Record drawings shall be certified by a registered land surveyor or engineer that all ponds, swales, emergency overflows, and Municipal Improvements have been constructed on public easements. Such record drawings shall be provided in paper and/or electronic formats as required by the City Engineer, and shall meet all applicable State requirements for such drawings. C.The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such Municipal Improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. D.Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said Municipal Improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. E.The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all reasonable costs incurred by the City during said inspections. 3.Construction of Private Improvements. A.Developer shall construct all on- and off-site improvements (“Private Improvements”) including installation of storm sewer not boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscaping Plan. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious Agenda Page 36 surface. Erosion control, drainage swales and berming, shall be installed upon initial grading of Said Plat. The grading of Said Plat shall be performed in accordance with the Plans and Specifications for Particle Control Albertville, as prepared by Civil Engineering Site Design dated November 16, 2022. B.Developer agrees to have all utilities installed at its expense according to Plans and Specifications for Particle Control Albertville, as prepared by Civil Engineering Site Design dated November 16, 2022 and the Utility Plan attached as Exhibit F. C.Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction said Private Improvements for said Lot 1 prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case a certificate of occupancy shall be issued if all Private Improvements except landscaping and sod have been installed. In such cases, the owner of the lot shall cause the required landscaping and sod to be installed by the first June 30th following the issuance of the occupancy permit. 4.Surety Requirements. A.Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $65,200, representing the sum of 100% of the estimated cost of the Municipal Improvements ($8,000), 50% of the cost of selected Private Improvements, ($50,000), $1,500 per acre for erosion and sediment control over 1.3 acres ($1,950) and 150% of the estimated cost for landscaping/screening materials ($5,250). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank (the issuing bank must be an FDIC insured bank located within 100 miles of the City of Albertville), and must be available in its entirety to fulfill the obligations of the Developer under this Agreement. The letter of credit to the City shall contain language requiring its automatic renewal prior to December 31 of each calendar year, unless the issuer of the letter of credit provides written notice to the City at least 45 days prior to the expiration of the letter of credit of the issuer’s intent not to renew the letter of credit. Agenda Page 37 B.The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to Private Improvements, Municipal Improvements and Landscaping Improvements described above, erosion control, and other such measures, to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. Said letter of credit must be maintained by Developer at all times at the level provided in paragraph 4.A above or a lesser amount authorized by the City Council pursuant to paragraph 5.B below. C.In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D.Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. E.In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may expire or become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may, without notice to Developer, declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to Agenda Page 38 its issuance. Developer shall maintain said letter of credit in the amount required by the City at all times. F.In the event the Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not dismissed within 60 days, or in the event a court appoints a receiver for the Developer, the City may draw on its letter of credit or surety in its full amount to secure its surety position. The City shall then release the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement. 5.Surety Release. A.Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, Private Improvements or Landscaping, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements, Private Improvements or Landscaping which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B.The Developer may request of the City a reduction or release of any surety as follows: i.When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii.When all or a portion of the required improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii.When all or a portion of the landscaping improvements have been installed pursuant to the Plans and Specifications for Agenda Page 39 Particle Control Albertville, as prepared by Civil Engineering Site Design dated November 16, 2022 attached as Exhibit C, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of such landscaping improvements installed, except the City shall retain the letter of credit or surety in the amount of 25% of the estimated Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. iv.As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C.The City shall act upon Developer’s letter of credit reduction requests within 35 days of submission of a written request for reduction. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6.Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of Said Plat, the City’s costs and expenses related to attorney’s fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer’s various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to in this paragraph. 7.Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agenda Page 40 Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of properties in Said Plat without objection. 8.Development Related Fees and Credits. A.Sanitary Sewer and Water Trunk Line Fees. Said Plat is already connected to Municipal Sanitary Sewer and Water services and therefore is not required to pay Sanitary Sewer and Water Trunk Line Fees. B.Storm Water Utility Connection Charge. Developer agrees that the City’s Storm Water Utility Connection Charge Ordinance requires the Developer to pay $1,500 per acre for all additional acres that will be covered in impervious surface upon application for a building permit on said Lot 1. C.SAC and WAC Charges. Developer agrees that the City’s Sewer Access Charge (“SAC”) and Water Access Charge (“WAC”) ordinances require the Developer to pay applicable SAC and WAC upon application for a building permit on said Lot 1. D.Administrative Fee. A fee for City administration of this project shall be paid prior to the City executing the Plat and this Agreement. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements within the Plat. The administrative fee for this Plat is $280. 9.Erosion and Siltation Control. Developer shall implement all erosion control measures detailed in the Storm Water Pollution Prevention Plan (“SWPPP”) and on the Grading and Drainage plan (including construction of all temporary and permanent ponds) in the order required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City Engineer, and shall abide by all erosion control requirements contained in the Albertville Subdivision ordinance and as required by the NPDES Construction Stormwater Permit for the project. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and/or the requirements of the NPDES Construction Stormwater Permit, the City may take such action as Agenda Page 41 it deems appropriate to control erosion, and the landowner hereby grants the City permission to enter upon the land and take such necessary erosion control actions. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs or may specially assess Developer’s land for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the development is in full compliance with the erosion control requirements. 10.Drainage Requirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Said Plat may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 11.Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub-base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days of notice to the Developer provided by the City if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, Agenda Page 42 then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorney’s fees incurred by the City as a result of such legal action. 12.Temporary Easement Rights. Developer shall provide access to Said Plat at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13.Miscellaneous. A.Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B.If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C.If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D.The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. F.The Developer represents to the City that Said Plat and its related submissions (including but not limited to the grading plan, utility plan, and site plan) complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow Agenda Page 43 construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G.Prior to the execution of this Agreement and prior to the start of any construction on Said Plat, Developer shall provide the City with evidence of good and marketable title to all of Said Plat, provided that Developer shall provide an executed mortgage subordination agreement from all mortgage holders subordinating such mortgages to the terms of this Agreement. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H.Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I.Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota for the construction of the Municipal Improvements and the On- and Off-Site Improvements. 14.Violation of Agreement. A.In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail with a courtesy copy sent via email), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. Agenda Page 44 B.Notwithstanding the 30-day notice period provided for in paragraph 14.A above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good-faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C.Paragraph 14.A of this Agreement shall not apply to any acts or rights of the City under paragraph 4.E of this Agreement, and no notice need be given to the Developer as a condition precedent to the City drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D.Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits to the properties on Said Plat. 15.Dedications to the City. A.Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to Said Plat, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all street right-of-ways and drainage and utility easements to the City. Upon acceptance of dedication, Developer shall provide to the City “As-Builts” (both in paper form and electronic form as required by the City Engineer) of all publicly dedicated streets, utilities, storm sewers, and other Municipal Improvements required under this Agreement. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. 16.Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer Agenda Page 45 shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 17.Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 18.Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 19.Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney’s fees, engineer’s fees, planner’s fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney’s fees and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 20.Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 21.Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 22.Notification Information. Agenda Page 46 Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 N.J. Properties, LLC Attn: William Arns 662 Lambert Avenue N.E. Albertville, MN 55301 Telephone: 763-497-3075 23.Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE By_______________________ Its Mayor By_______________________ Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ____________ day of __________________, 2023, by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. ____________________________________ Notary Public Agenda Page 47 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ____________ day of __________________, 2023, by Kris Luedke, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. ___________________________________ Notary Public Agenda Page 48 N.J. PROPERTIES, LLC ______________________________ By: ___________________ Its: _________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _________ day of __________________, 2023, by _________________ as ______________ of N.J. Properties, LLC ___________________________________ Notary Public DRAFTED BY: Couri & Ruppe Law Office P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 Agenda Page 49 EXHIBIT A TO DEVELOPER’S AGREEMENT The legal description of the Plat to which this Developer’s Agreement applies is as follows: Lot 1 All such property in the plat of Particle Control Albertville, as said plat is on file in the Wright County Recorder’s Office, Wright County, Minnesota. Agenda Page 50 EXHIBIT B Final Plat EXHIBIT C Plans and Specifications dated November 16, 2022 EXHIBIT D Landscape Plan EXHIBIT E Grading Plan EXHIBIT F Utility Plan Agenda Page 51 Agenda Page 75EXHIBIT B Agenda Page 52 LEGEND: SITE PLAN NOTES GENERAL NOTES KEY NOTES: SURVEY DATAPROJECT LOCATIONPROPERTY DESCRIPTIONAPPROXIMATE GROSS AREAPARKING DATA: INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGNP.O.Box 135Albertville, MN 55301Keith Arnskeith@particlecontrolinc.com763-497-3075PARTICALCONTROL, INC.SETBACK: EXISTING ZONINGAgenda Page 53 PCI Landscaping Plan 2022-12-28 EXHIBIT D Agenda Page 54 LEGEND:SURVEY DATAINDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGNP.O.Box 135Albertville, MN 55301Keith Arnskeith@particlecontrolinc.com763-497-3075PARTICALCONTROL, INC.EXHIBIT E Agenda Page 55 LEGEND: GENERAL UTILITY NOTESINDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGNP.O.Box 135Albertville, MN 55301Keith Arnskeith@particlecontrolinc.com763-497-3075PARTICALCONTROL, INC.SURVEY DATAEXHIBIT F Agenda Page 56 LEGEND: SURVEY DATAINDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGNP.O.Box 135Albertville, MN 55301Keith Arnskeith@particlecontrolinc.com763-497-3075PARTICALCONTROL, INC.EXHIBIT F Agenda Page 57 Mayor and Council Request for Action February 6, 2023 SUBJECT: COUNCIL – APPROVE APPOINTMENT TO PARKS COMMITTEE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Adopt Resolution No. 2023-07 approving appointment of Parks Committee Member. BACKGROUND: The Albertville Parks Committee is an advisory board to the Albertville City Council. The Parks Committee has a vacancy due to the resignation of a former Committee member. The City posted the Parks Committee vacancy on the City’s website and included it in the City’s Fall newsletter. The City received a letter of interest from Patrick Adamski. The Parks Committee members conducted an interview at their January meeting and recommends the appointment of Patrick Adamski. KEY ISSUES: • The Parks Committee is an advisory board for the Albertville City Council. • Due to a previous Committee member resignation, the Parks Committee has a vacancy. • After advertising the vacancy, the City received one letter of interest from Patrick Adamski. • At its January 23 meeting, the Parks Committee members interviewed Patrick Adamski and recommends the appointment of him to the Parks Committee. LEGAL ISSUES: The Mayor and City Council have the authority to review and approve appointments to the City’s Boards and Committees. Responsible person: Kris Luedke, City Clerk Submitted by: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2023-07 Agenda Page 58 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-07 RESOLUTION APPROVING THE APPOINTMENT OF A PARKS COMMITTEE MEMBER WHEREAS, the Albertville Parks Committee is an advisory board to the Albertville City Council; and WHEREAS, the Albertville Parks Committee currently has a vacant seat; and WHEREAS, the City advertised for the openings on the Parks Committee and received one letter of interest; and WHEREAS, the current Parks Committee members conducted an interview at their Parks Committee meeting and recommends the appointment of Patrick Adamski. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby makes the following appointment to the Committee: Parks Committee Member: Patrick Adamski Adopted by the City Council of the City of Albertville this 6th day of February 2023. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 59 Mayor and Council Request for Action February 6, 2023 SUBJECT: COUNCIL – 2023 APPOINTMENTS TO BOARDS AND COMMITTEES RECOMMENDATION: It is respectfully requested that the Mayor and City Council review and make any desired adjustments to the list of appointments and committee assignments, and then consider the following: MOTION TO: Adopt Resolution No. 2023-08, with amendments, appointing City Council members to various Boards and Committees for 2023. BACKGROUND: The City Council approved its 2023 appointments at its first meeting in January; however, Councilmember Hayden has since been appointed. Due to the election of Councilmember Hudson to State Representative and the appointment of Councilmember Hayden, City staff has added this item to the February 6 City Council meeting for the Council to discuss. KEY ISSUES: • Annually, the City Council is appointed to various board and committees. • Alternates are appointed to the boards and committees to serve in the case of absence of the appointed Council member. • The attached Resolution reflect the 2023 appointments which were decided at the January 3, 2023, City Council meeting. • At its February 6 meeting, the City Council appointed Councilmember John Hayden to fill the seat vacated by Walter Hudson. LEGAL ISSUES: The Mayor and City Council have the authority to review and approve appointments to boards and committees of the City. Submitted by: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2023-08 Agenda Page 60 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-08 RESOLUTION APPROVING AN AMENDMENT TO RESOLUTION NO. 2023-03 APPOINTING CITY COUNCIL MEMBERS TO BOARDS AND COMMITTEES FOR 2023 WHEREAS, it has been the policy of the Albertville City Council to make annual appointments of City Council members to its various boards and committees at the beginning of each year; and WHEREAS, the City Council establishes the following are appointed for the year 2023: Cable TV Board Jillian Hendrickson Director of Emergency Management Fire Chief Economic Development Authority (EDA) Mayor and all Council members Emergency Management Committee Aaron Cocking Rob Olson Fire Chief Alternate – Bob Zagorski Fire Advisory Committee – Annual Meeting Aaron Cocking Rob Olson Fire Chief Finance Director City Administrator Fire Relief Association Representatives Fire Chief Aaron Cocking City Administrator FYCC Rob Olson Alternate – Jillian Hendrickson Joint Powers Water Board Rob Olson Bob Zagorski Alternate – Jillian Hendrickson Library Jillian Hendrickson Otsego Creek Authority Rob Olson Planning Commission Rep Agenda Page 61 City of Albertville Resolution No. 2023-08 Meeting of February 6, 2023 Page 2 Parks Commission Rob Olson Alternate – Jillian Hendrickson Public Works Supervisor Personnel Committee Jillian Hendrickson Rob Olson Planning Commission Bob Zagorski Alternate – TBD Public Works Committee Aaron Cocking Rob Olson Water/Wastewater Supervisor Public Works Supervisor City Administrator STMA Ice Arena Board Aaron Cocking Bob Zagorski Alternate – TBD Arena Manager City Administrator Finance Director STMA Finance Advisory Committee I-94 West Corridor Coalition Bob Zagorski City Administrator Rob Olson Jillian Hendrickson City Administrator NOW, THEREFORE, BE IT RESOLVED, that such appointments shall take effect on the date February 6, 2023, and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Adopted by the City Council of the City of Albertville this 6th day of February 2023. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 62 Mayor and Council Request for Action February 6, 2023 SUBJECT: BUILDING – APPROVE NEW CITY BUILDING OFFICIAL DESIGNATION RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Adopt Resolution No. 2023-09 approving new City Building Official Designation effective March 15, 2023. BACKGROUND: The City of Albertville has a Cooperative Service Agreement with the City of St. Michael for Building Inspection Services. The current Building Official Paul Heins has submitted his intent to retire effective March 15, 2023. The City of St. Michael has promoted current Building Inspector Rob Lindberg to the position of Building Official effect March 15, 2023. According to MN State Statute 326B.133, subd. 1, each municipality shall designate a building official to administer the Code and notify the MN Department of Labor and Industry in writing of the designation. KEY ISSUES: • The City of Albertville contracts with the City of St. Michael for building inspection services. • The current Building Official Paul Heins will be retiring effective March 15, 2023. • The City of St. Michael has promoted current Building Inspector Rob Lindberg to the position of Building Official effective March 15, 2023. • According to MN Statute, Cities shall notify the MN Department of Labor and Industry in writing of any vacancies or designations. FINANCIAL CONSIDERATIONS: Approving a new City Building Official designation will not create additional cost to the City. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to approve the new City Building Official Designation. Responsible Person: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • Letter of Intent to Retire • Resolution No. 2023-09 • Notice of Designation of Building Official Agenda Page 63 Agenda Page 64 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-09 RESOLUTION APPROVING NEW CITY BUILDING OFFICIAL DESIGNATION EFFECTIVE MARCH 15, 2023 WHEREAS, the City of Albertville has a Cooperative Service Agreement with the City of St. Michael for Building Inspection Services; and WHEREAS, on January 4, 2023, current Building Official Paul Heins submitted a formal notification of his intent to retire on March 15, 2023. BE IT RESOLVED, that the City Council of the City of Albertville hereby designates Robert Lindberg as the authorized City Building Official on March 15, 2023 due to the retirement resignation of Paul Heins on the same effective date. BE IT FURTHER RESOLVED, that the City Council of the City of Albertville hereby authorizes and designates City Administrator Adam Nafstad to sign any necessary documents on behalf of the City to execute this Building Official designation. Adopted by the City Council of the City of Albertville this 6th day of February 2023. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 65 Minnesota Department of Labor and Industry Construction Codes and Licensing m DEPARTMENT OF LABOR AND INDUSTRY Code Services, Attention: Scott Wheeler 443 Lafayette Road N., St. Paul, MN 55155-4341 Phone: (651) 284-58 76 Fax: (651)284-5749 http://www.dli.mn.gov/PRINT in INK or TYPE your responses.Notice of Designation or Vacancy of Certified Building Official To the Commissioner of Labor and Industry: According to M,S. §326B.133, Subd. 1, Each municipality shall designate a building official to administer the code. A municipality may designate no more than one building official responsible for code administration defined by each form of certification established in Minnesota Rules, 1301.0200 and further, according to M.S. §326B.133, Subd. 7, In the event that a designated building official position is vacant within a municipality, that municipality shall designate a certified building official to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy or designation in writing within 15 days. IThe administrative authority for the municipality of C, 'J ! 6 f: ,£/ / I.J e.rf'v 1' { l c:_ Hereby notifies the Commissioner, pursuant to M.S. §326B.133, that it has made one of the following designations (A or B selected): A.The municipality R. 0 ber f-f'. L ;l\�!e� D Certified Building Official Limited � as a: has designated:�ertified Building Official NAME (INCLUDE MIDDLE INITIAL) /Y114rc.A ;�+I.. ,;Jo;,.. 3. Certification Number: Bo 1 t.J. 2t6 Effective Date: (Include Letters of Cert. #) According to M.S. §3268.133, Subd. 3a(c) the "Certified Building Official Limited" may perform code administration only for one-and two-family dwellings, their accessory structures, and "exempt classes of buildings" as provided in Minnesota Rules, 1800.5900. The municipality shall a/so designate a "Certified Building Official" with a separate Notice of Designation form, for the code administration for all other structures when a Certified Building Official Limited is designated as the municipality's building official. MUNICIPALITY CONTACT INFORMATION MUNICIPALITY BUILDING OFFICIAL CONTACT INFORMATION BUILDING OFFICIAL STREET ADDRESS (do not provide a PO Box) {,S f::.e.. L,,.. CITY J-J �;10Jer WORK PHONE NUMBER MOBILE PHONE NUMBER STATE (Y\ f\J E-MAIL STATE ,,J� /(-e-; J' bf J.. -J 11 � o..?-l::, ORB. D Municipality has a vacancy in the building official position. Effective Date: ZIP The statutory definitions of Designate and Administrative Authority are established in M.S. §326B.103, Subd. 6. Please have the appointed administrative authority of the municipaUty sign this form. (Usually known as the Administrator or Manager) NAME OF ADMINISTRATIVE AUTHORITY (Type or Print) SIGNATURE OF ADMINISTRATIVE AUTHORITY TITLE DATE BU 01 (11/22/2022) Form may be mailed, faxed or emailed to scotl.wheeler@state.mn.us Agenda Page 66 Mayor and Council Request for Action February 6, 2023 SUBJECT: FIRE – AUTHORIZE A FIRE DEPARTMENT BOARD OF OFFICERS TRAINING CAPTAIN PROMOTION RECOMMENDATION: It is respectfully requested that the Mayor and City Council authorize the following: MOTION TO: Authorize the promotion of Lieutenant Gerald Gerads to the position of Training Captain. BACKGROUND: The Fire Department recently posted to fill the open position of Training Captain, which was vacated when Deputy Fire Chief K. Gammell was promoted. The Fire Department promotional process is outlined in Section 6.4.2 (Board of Officers – Promotional Process) of the Albertville Fire Department’s (AFD) Standard Operating and Response Guidelines, and includes: • Application and Supplemental Questionnaire • Call Percentage • Activity Time • Peer Evaluation • Written Test • Interview Panel Two candidates applied for the open position, and proceeded through the promotional process. Lieutenant Gerald Gerads is the highest ranked candidate after the completion of the promotional process. The Fire Department requests that the City Council authorize the promotion of Lieutenant Gerald Gerads to the position of Training Captain. Training Captain = Gerald Gerads Current Lieutenant #1, Gerald Gerads, has the following background and experience as it relates to the Training Captain position: • 11-years on the Albertville Fire Department o 4-years as a Reserve Firefighter – City Employee o 7-years as a Paid-On-Call Firefighter  2-years as a Lieutenant • Minnesota Fire Service Certification Board certifications in: o Fire Fighter I, Firefighter II, Haz-Mat Operations, Fire Apparatus Operator, Fire Instructor I, Fire Officer I, Youth Firesetter Prevention / Intervention Specialist Agenda Page 67 Mayor and Council Request for Action – February 6, 2023 Fire – Authorize Fire Department Board of Officers Promotion Page 2 of 2 • FEMA Certifications in: o ICS 100 / ICS 200 / ICS 700 • Minnesota Emergency Medical Services Regulatory Board: o Emergency Medical Responder • Additional Experience and Training: o Albertville Fire Relief Association:  Trustee (2017 – 2019)  Secretary (2019 – Present) o Minnesota Department of Health  Water Supply System Operator, Class D • Professional License: o Minnesota Board of Firefighter Training and Education - Firefighter License KEY ISSUES: • The Fire Department has completed the promotional process for a current opening of Training Captain in the Board of Officers. • Lieutenant Gerald Gerads is the highest ranked candidate after the promotional process. • If approved by Council, the promotion will become effective on Thursday, February 9th 2023. FINANCIAL CONSIDERATIONS: The salar y associated with the promotion is part of the operational budget of the Fire Department. LEGAL ISSUES: The City Council has the authority to approve new positions and hire personnel. Submitted By: Eric Bullen – Fire Chief Submitted Through: Adam Nafstad, City Administrator -PWD Agenda Page 68 Mayor and Council Request for Action February 6, 2023 SUBJECT: FIRE – AUTHORIZE A FIRE DEPARTMENT BOARD OF OFFICERS LIEUTENANT PROMOTION RECOMMENDATION: It is respectfully requested that the Mayor and City Council authorize the following: MOTION TO: Authorize the promotion of Firefighter Chris Thurber to the position of Lieutenant. BACKGROUND: The Fire Department recently posted to fill the open position of Lieutenant, which was vacated when Training Captain G. Gerads was promoted. The Fire Department promotional process is outlined in Section 6.4.2 (Board of Officers – Promotional Process) of the Albertville Fire Department’s (AFD) Standard Operating and Response Guidelines, and includes: • Application and Supplemental Questionnaire • Call Percentage • Activity Time • Peer Evaluation • Written Test • Interview Panel Three candidates applied for the open position, and proceeded through the promotional process. Firefighter Chris Thurber is the highest ranked candidate after the completion of the promotional process. The Fire Department requests that the City Council authorize the promotion of Firefighter Chris Thurber to the position of Lieutenant. Lieutenant = Chris Thurber Current Firefighter, Chris Thurber, has the following background and experience as it relates to the Lieutenant position: • 6-years on the Albertville Fire Department o 5-years as a Paid-On-Call Firefighter • Minnesota Fire Service Certification Board certifications in: o Fire Fighter I, Firefighter II, Haz-Mat Operations • FEMA Certifications in: o ICS 100 / ICS 200 / ICS 700 • Minnesota Emergency Medical Services Regulatory Board: o Emergency Medical Responder Agenda Page 69 Mayor and Council Request for Action – February 6, 2023 Fire – Authorize Fire Department Board of Officers Promotion Page 2 of 2 • Professional License: o Minnesota Board of Firefighter Training and Education – Firefighter License KEY ISSUES: • The Fire Department has completed the promotional process for a current opening for Lieutenant in the Board of Officers. • Firefighter Chris Thurber is the highest ranked candidate after the promotional process. • If approved by Council, the promotion will become effective on Thursday, February 9th 2023. FINANCIAL CONSIDERATIONS: The salar y associated with the promotion is part of the operational budget of the Fire Department. LEGAL ISSUES: The City Council has the authority to approve new positions and hire personnel. Submitted By: Eric Bullen – Fire Chief Submitted Through: Adam Nafstad, City Administrator -PWD Agenda Page 70 Mayor & Council Request for Action February 6, 2023 SUBJECT: FIRE – 2023 STANDARD OPERATING POLICIES AND PROCEDURES UPDATE RECOMMENDATION: Staff respectfully requests City Council consideration regarding the revised and updated 2023 Fire Department Standard Operating Policies and Procedures. MOTION TO: Approve revisions and updates to the 2023 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 July of 2022. The proposed update was worked through by the Fire Department and the Board of Officers over the last few weeks. Prior to 2015, the Fire Department changed the response time requirements for new applicants to the Fire Department, from 10-minutes to 15-minutes, in an attempt to increase the applicant pool. The Fire Department is requesting authorization to change the response time requirement from 15-minutes back to 10-minutes, prior to the next position posting. The proposed, draft, SOP revision was discussed and approved by the Board of Officers. The following is a summary of the 2023 SOP revisions and updates: 4.1 Appointments, Employment, Hiring, and Promotions 4.1.4 Employment Eligibility - Requirements and Process C. Employment Response Requirements 1. To be eligible, Firefighter applicants shall live within a 10-minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. 5.4 Position Descriptions 5.4.1 Reserve Firefighter A. Requirements 2. Potential Reserve Firefighters shall live within a 10-minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. Agenda Page 71 Mayor and Council Request for Action – February 6, 2023 Fire – Standard Operating Policy Updates Page 2 of 2 5.4 Position Descriptions 5.4.3 Probationary Paid-On-Call Firefighter A. Requirements 3. Response Requirements: a. Probationary Paid-On-Call Firefighters, hired after 02/07/2023, shall live within a 10-minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. b. Probationary Paid-On-Call Firefighters, hired before 02/07/2023, shall live within a 15-minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. 5.4 Position Descriptions 5.4.4 Paid-On-Call Firefighter A. Requirements 3. Response Requirements: a. Paid-On-Call Firefighters, hired after 02/07/2023, shall live within a 10-minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. b. Paid-On-Call Firefighters, hired before 02/07/2023, shall live within a 15-minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. If approved by Council, the updated SOP’s will be implemented immediately and effective February 7th, 2023. 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 2023 Fire Department Standard Operating Policies and Procedures • The full AFD SOP’s are available on request Agenda Page 72 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: 02/07/2023 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 73 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. To be eligible, Firefighter applicants shall live within a 10-minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. Agenda Page 74 Albertville Fire Department Standard Operating Policies and Procedures Policy Title: Reserve Firefighter Chapter: 5.0 Firefighter Job Descriptions, Duties, and Position Requirements Section: 5.4 Position Descriptions Sub-Section: 5.4.1 Reserve Firefighter Date: 04/20/2021 Updated: 02/07/2023 Page: 1 of 3 Page 1 of 3 5.4 Position Descriptions 5.4.1 Reserve Firefighter A. Requirements - See Section 4.1.4 (Employment Eligibility Requirements and Process) of the AFD Standard Operating Policies and Procedures: The following requirements shall be completed and successfully passed before becoming eligible for a Reserve Firefighter position: 1. Potential Reserve Firefighters shall be at least 18 years of age. 2. Potential Reserve Firefighters shall live within a 10-minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. 3. Potential Reserve Firefighters shall complete and successfully pass the AFD hiring process. This process shall include, but is not limited to: a. Application b. Initial Interview c. Physical Ability Test d. Reference Checks e. Final Interview f. Conditional Job Offer g. MN BCA Background and Criminal History Checks h. Pre-Employment Medical Exams / Drug Testing i. Pre-Employment Psychological Exams and Interview j. City Council Approval / Appointment B. Training: All training shall be approved by the Fire Chief, Deputy Fire Chief, and/or Training Captain. 1. Reserve Firefighters shall attend all AFD meetings and/or training sessions, unless they are enrolled in initial State Certification classes as required by the AFD; or enrolled in MN EMSRB certified training for initial Emergency Medical Responder (EMR). a. These sessions shall cover the operation of equipment and vehicles; and the standard operating procedures (SOP’s), standard operating guidelines (SOG’s), rules, regulations, and policies of the AFD. 2. Firefighter I, II, HazMat Operations, CPR/Emergency Medical Responder (EMR), and FEMA ICS / NIMS 100 / 200 / 700 training shall be completed during the Agenda Page 75 5.4.1 Reserve Firefighter Page 2 of 3 Reserve Firefighter period, unless otherwise directed by the Fire Chief and/or Board of Officers, before being eligible for a Paid-On-Call/Probationary Firefighter position. C. Attendance: 1. Reserve Firefighter attendance is required at AFD regularly scheduled meetings and/or training drills and official events, unless otherwise specified by the Fire Chief, and/or Board of Officers. 2. A response to reasonable number of calls is required and expected. Response to calls shall be at least 20% of the total calls per quarter. Not meeting this requirement shall be considered a call response percentage violation. All call response percentage violations shall be documented and kept as part of the Firefighters personnel file. D. Duties: 1. A Reserve Firefighter shall assume only duties of a Firefighter that they have been fully trained for. The Reserve Firefighter is expected to wear a BLUE helmet, along with full turnout gear, to identify them as a Reserve Firefighter. They are required to wear all other safety equipment deemed necessary by the Incident Commander, an Officer, or the ranking Firefighter in charge, to include reflective safety vest on ANY roadway. 2. Reserve Firefighters duties shall be assigned by the Incident Commander, an Officer, or the ranking Firefighter in charge. 3. Reserve Firefighters shall not enter an emergency vehicle for a call response unless instructed to do so by the Incident Commander, an Officer, or the ranking Firefighter in charge. E. Pay/Benefits 1. Reserve Firefighters shall not be paid for training, calls, meetings, activities, or events. 2. Reserve Firefighters shall not receive Relief Association benefits. F. Officer Positions 1. A Reserve Firefighter shall not be eligible to be chosen for any AFD Board of Officer position. G. Performance Evaluation 1. Reserve Firefighters shall be evaluated every 12 months, or as deemed necessary by the Fire Chief and/or Board of Officers. H. Termination: 1. Reserve Firefighters may be dismissed at the discretion of the Fire Chief and/or Board of Officers, at any time, if the Firefighter’s performance does not meet the required standards as outlined in the AFD’s Standard Operating Policies and Procedures and/or Standard Operating and Response Guidelines. There shall be no appeal procedure. (Albertville City Code Sections 6-1-2-B and 6-1-7) Agenda Page 76 5.4.1 Reserve Firefighter Page 3 of 3 I. Moving from Reserve Firefighter to Probationary Paid-On-Call Firefighter: 1. The Reserve Firefighter shall complete and successfully pass Firefighter I, II, HazMat Ops, CPR/Emergency Medical Responder (EMR), and FEMA ICS/NIMS 100 / 200 / 700 training, unless otherwise directed by the Fire Chief and/or Board of Officers. 2. The Reserve Firefighter shall meet the minimum qualifications for, and obtain, an MBFTE Firefighter License and an EMSRB EMR Certification. 3. The Reserve Firefighter shall attend all AFD meeting and/or training sessions, unless otherwise directed by the Fire Chief and/or Board of Officers. 4. Movement from Reserve Firefighter to Probationary Paid-On-Call Firefighter is based on merit and performance. Items discussed by the Board of Officers during the promotional process include, but are not limited to: a. Call Percentage b. Meeting Attendance c. Training Hours d. Activity Time e. Positive working relationships within the AFD and Community 5. If and/or when a Probationary Paid-On-Call Firefighter position is open, and after approval of the Fire Chief and/or Board of Officers, the Reserve Firefighter shall assume all duties of a Probationary Paid-On-Call Firefighter. Agenda Page 77 Albertville Fire Department Standard Operating Policies and Procedures Policy Title: Probationary Paid-On-Call Firefighter Chapter: 5.0 Firefighter Job Descriptions, Duties, and Position Requirements Section: 5.4 Position Descriptions Sub-Section: 5.4.3 Probationary Paid-On-Call Firefighter Date: 04/20/2021 Updated: 02/07/2023 Page: 1 of 3 Page 1 of 3 5.4 Position Descriptions 5.4.3 Probationary Paid-On-Call Firefighter A. Requirements The following requirements shall be completed and successfully met before becoming eligible for a Probationary Paid-On-Call Firefighter position: 1. Potential Probationary Paid-On-Call Firefighters shall be at least 18 years of age. 2. Potential Probationary Paid-On-Call Firefighters shall successfully complete the requirements of the Reserve Firefighter position. 3. Response Requirements: a. Probationary Paid-On-Call Firefighters, hired after 02/07/2023, shall live within a 10-minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. b. Probationary Paid-On-Call Firefighters, hired before 02/07/2023, shall live within a 15-minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. B. Training All training shall be approved by the Fire Chief, Deputy Fire Chief, and/or Training Captain. 1. Shall have completed and successfully passed Firefighter I, II, HazMat Operations, CPR/Emergency Medical Responder (EMR), and FEMA ICS/NIMS 100 / 200 / 700 training, unless otherwise directed by the Fire Chief and/or Board of Officers. 2. Shall meet the minimum qualifications for, and obtain, an MBFTE Firefighter License and an EMSRB EMR Certification. 3. Continue to attend AFD’s meeting and/or training sessions. a. These sessions shall include maintaining required certifications, the operation of equipment and vehicles, and the standard operating procedures (SOP), rules, regulations, and policies of the AFD. 4. Prior to moving off of probationary status, every Probationary Paid-On-Call Firefighter shall be required to be signed-off on the driving and full operation of every AFD vehicle and apparatus, unless otherwise directed by the Fire Chief and/or Board of Officers. Agenda Page 78 5.4.3 Probationary Paid-On-Call Firefighter Page 2 of 3 C. Attendance: 1. Probationary Paid-On-Call Firefighter attendance is required at AFD regularly scheduled meetings and/or training drills and official events, unless otherwise specified by the Fire Chief, and/or Board of Officers. 2. A response to reasonable number of calls is required and expected. Response to calls shall be at least 20% of the total calls per quarter. Not meeting this requirement shall be considered a call response percentage violation. All call response percentage violations shall be documented and kept as part of the Firefighters personnel file. 3. If a Firefighter does not meet the required 20% call response percentage for any two quarters within a calendar year, the Firefighter shall lose that full calendar year of service time with the Relief Association. D. Duties 1. On approval by the Fire Chief and/or Board of Officers, Probationary Paid-On-Call Firefighters may assume all duties of a Paid-On-Call Firefighter that they have been fully trained for. a. The Probationary Paid-On-Call Firefighter shall be given a black helmet. 2. Probationary Paid-On-Call Firefighters shall be expected to participate in all required activities and training (regular or special) including fund raising. E. Pay/Benefits 1. Probationary Paid-On-Call Firefighters shall be paid for training and calls. 2. Meetings, activities, and events are unpaid, and are recorded as volunteer hours. 3. Probationary Paid-On-Call Firefighters are eligible to receive Relief Association benefits per the Albertville Fire Relief Association Bylaws. F. Probation 1. Probationary Paid-On-Call Firefighter shall be on probation for a minimum of 12 consecutive months or as deemed necessary by the Fire Chief and/or Board of Officers. G. Officer Position 1. Any Probationary Paid-On-Call Firefighter shall not be eligible to be chosen for any AFD Board of Officer position. H. Performance Evaluation 1. Probationary Paid-On-Call Firefighters shall be evaluated every 12 months, or as deemed necessary by the Fire Chief and/or Board of Officers. I. Termination 1. A Probationary Paid-On-Call Firefighter may be dismissed at the discretion of the Fire Chief and/or Board of Officers, at any time, if the Firefighter’s performance does not meet the required standards as outlined in the AFD’s Standard Operating Policies and Procedures and/or Standard Operating and Response Guidelines. There shall be no appeal procedure. (Albertville City Code Sections 6-1-2-B and 6- 1-7) Agenda Page 79 5.4.3 Probationary Paid-On-Call Firefighter Page 3 of 3 Agenda Page 80 Albertville Fire Department Standard Operating Policies and Procedures Policy Title: Paid-On-Call Firefighter Chapter: 5.0 Firefighter Job Descriptions, Duties, and Position Requirements Section: 5.4 Position Descriptions Sub-Section: 5.4.4 Paid-On-Call Firefighter Date: 04/20/2021 Updated: 02/07/2023 Page: 1 of 2 Page 1 of 2 5.4 Position Descriptions 5.4.4 Paid-On-Call Firefighter A. Requirements The following requirements shall be completed and successfully met before becoming eligible for a Paid-On-Call Firefighter position: 1. Paid-On-Call Firefighters shall be at least 18 years of age. 2. Paid-On-Call Firefighters shall successfully complete the requirements of the Paid- On-Call/Probationary Firefighter position. 3. Response Requirements: a. Paid-On-Call Firefighters, hired after 02/07/2023, shall live within a 10- minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. b. Paid-On-Call Firefighters, hired before 02/07/2023, shall live within a 15- minute response time to the Albertville Fire Station, as determined by commercial global positioning system (GPS) or mapping software. B. Training All training shall be approved by the Fire Chief, Deputy Fire Chief, and/or Training Captain. 1. Shall have completed and successfully passed Firefighter I, II, HazMat Ops, CPR/Emergency Medical Responder (EMR), and FEMA ICS/NIMS 100 / 200 / 700 training, unless otherwise directed by the Fire Chief and/or Board of Officers. 2. Shall meet the minimum requirements to maintain both an MBFTE Firefighter License and an EMSRB EMR Certification. 3. Continue to attend AFD’s meeting and/or training sessions. a. These sessions shall include maintaining required certifications, the operation of equipment and vehicles, and the standard operating procedures (SOP), rules, regulations, and policies of the AFD. 4. Every Paid-On-Call Firefighter shall be signed-off on the driving and full operation of every AFD vehicle and apparatus, unless otherwise directed by the Fire Chief and / or Board of Officers. Agenda Page 81 5.4.4 Paid-On-Call Firefighter Page 2 of 2 C. Attendance: 1. Paid-On-Call Firefighter attendance is required at AFD regularly scheduled meetings and/or training drills and official events, unless otherwise specified by the Fire Chief, and/or Board of Officers. 2. A response to reasonable number of calls is required and expected. Response to calls shall be at least 20% of the total calls per quarter. Not meeting this requirement shall be considered a call response percentage violation. All call response percentage violations shall be documented and kept as part of the Firefighters personnel file. 3. If a Firefighter does not meet the required 20% call response percentage for any two quarters within a calendar year, the Firefighter shall lose that full calendar year of service time with the Relief Association. D. Duties 1. On approval by the Fire Chief and/or Board of Officers, Paid-On-Call Firefighters may assume all duties of a Paid-On-Call Firefighter that they have been fully trained for. a. The Paid-On-Call Firefighter shall be given a black helmet. 2. Paid-On-Call Firefighters shall be expected to participate in all required activities and training (regular or special) including fund raising. E. Pay/Benefits 1. Paid-On-Call Firefighters shall be paid for training and calls. 2. Meetings, activities, and events are unpaid, and are recorded as volunteer hours. 3. Paid-On-Call Firefighters are eligible to receive Relief Association benefits per the Albertville Fire Relief Association Bylaws. F. Officer Position 1. Any Paid-On-Call Firefighter shall be eligible to be chosen for any AFD Board of Officer position, provided they meet the requirements outlined in Section 5.1 (Position Requirements) of the AFD Standard Operating Policies and Procedures. G. Performance Evaluation 1. Paid-On-Call Firefighters shall be evaluated every 12 months, or as deemed necessary by the Fire Chief and/or Board of Officers. H. Termination 1. A Paid-On-Call Firefighter shall be held to Section 4.2 (Discipline Policy) of the AFD Standard Operating Policies and Procedures. Agenda Page 82 ALBERTVILLE FIRE DEPARTMENT 2022 Annual Report Agenda Page 83 ALBERTVILLE FIRE DEPARTMENT •Mission Statement Albertville Fire Department members are highly trained and dedicated to their community in order to maintain the following oath to our citizens: "The mission of the Albertville Fire Department is to minimize the loss of life and property from fire, natural disaster, and hazardous material incidents; and to save lives by providing emergency services in life threatening situations in the Cities of Albertville and Otsego; and to perform these services in a safe and efficient manner by maintaining effective emergency response, life safety principles, fire suppression initiatives, and fire prevention training.“ •Vision Statement “The Albertville Fire Department is committed to providing a superior level of emergency service that continually improves the quality of life, health, and safety of the people who live, work in, and visit our community.” Agenda Page 84 ALBERTVILLE FIRE DEPARTMENT •The Albertville Fire Department is committed to the following Core Values: Integrity Professionalism Honor Dedication Integrity:That our moral principles and intellectual honesty will carry through to the Fire Department and everything we do in the community. Professionalism:We hold our individual involvement in this profession to the highest standards through committed, quality service to our community. We exemplify our professionalism in the way we take pride in ourselves through our service and day-to-day interactions. Honor:We are committed to honesty, moral values, and ethics in all that we do. We believe that every action we take reflects on all the members of the Fire Department, both past and present. Dedication:We hold a passionate belief in our mission as a Fire Department. Agenda Page 85 2022 Incident Data Agenda Page 86 Incidents by Year •549 Calls in 2022, down from 569 in 2021. •Annual call volume has increased by 151.83% since 2012. Agenda Page 87 Incidents by Month •Total Calls in 2022: 549 Agenda Page 88 Incidents by Day of the Week •Total Calls in 2022: 549 Agenda Page 89 Incidents by Hour of the Day •Total Calls in 2022: 549 Agenda Page 90 Incidents by City: •Total Calls in 2022: 549 Albertville: 298 (54.28%) Otsego: 209 (38.06%) Mutual Aid: 42 (7.65%) Agenda Page 91 Incidents by City - History: 2022: •Albertville = 298 (54.28%) •Otsego = 209 (38.06%) 2021: •Albertville = 324 (56.94%) •Otsego = 204 (35.85%) 2020: •Albertville = 231 (55.79%) •Otsego = 158 (38.16%) 2019: •Albertville = 234 (55.98%) •Otsego = 164 (39.23%) 2018: •Albertville = 218 (59.56%) •Otsego = 131 (35.79%) Agenda Page 92 Incidents by Day and Time Maximum call volumes for each day are shown with a RED background, and maximum call volumes for each hour are shown with a BLUE backgroundAgenda Page 93 Incidents by Time Block Agenda Page 94 Incidents by Time Block: Weekday / Daytime: •Monday to Friday / 5:00 a.m. to 5:00 p.m. •203 Calls (36.98%) Weekday / Nighttime: •Monday to Friday / 5:00 p.m. to 10:00 p.m. •106 Calls (19.31%) Weekends: •Friday 10:00 p.m. to Sunday 10:00 p.m. •168 Calls (30.60%) Medical Companies: •Sunday to Friday / 10:00 p.m. to 5:00 a.m. •72 Calls (13.11%) •6 per month Agenda Page 95 Incident Statistics –All Calls Agenda Page 96 Property Values Versus Loss and Save –All Calls Agenda Page 97 Breakdown of Major Incident Types –All Calls Agenda Page 98 Major Incident Types –Detailed Breakdown by Call Type Agenda Page 99 Breakdown of Major Incident Types -Albertville Agenda Page 100 Breakdown of Major Incident Types -Otsego Agenda Page 101 Average Number of Personnel Per Incident Agenda Page 102 2022 Fire Department Information Agenda Page 103 Fire Department Staffing •Staffing as of 1/1/2023: 1 Full-Time Fire Chief Pa i d -On-Call Members (30 Authorized): o 1 = Deputy Fire Chief o 1 = Assistant Fire Chief o 3 = Company Captains o 0 = Training Captain o 3 = Lieutenants o 17 = Firefighters o 25 Paid-On Call Members Reserves: o 3 = Reserve Firefighters Total Staffing = 28 Members Agenda Page 104 Fire Department Time Commitment •2022 Call Hours: Members attended 7,250 hours of call time •Average of 220 hours per member •2022 Training Hours: Members attended 2,328 hours of training •Average of 71 hours per member •2022 Community/Volunteer Hours: Members volunteered 719 hours of time •Average of 22 hours per member •2022 Total Time Commitment: Average of 313 hours per member •26 hours per month Agenda Page 105 2022 Fire Department Recognitions •2022 Retirements: Deputy Fire Chief J.Davis = 20-years Firefighter S. Olson = 16-yea rs •2022 Resignations: Firefighter J. Lindberg = 1-year Reserve Firefighter Z. Schoen = 2-yea rs Firefighter R. Reinking = 3-yea rs •2023 Service-Year Awards: 5-years: o Firefighter B. Verville 10-years: o Firefighter J. Kreutner 15-years: o Lieutenant K. Anderson o Firefighter D. Eull 20-years: o Firefighter P. Gonsior o Firefighter R. Tiernan Agenda Page 106 2022 Fire Department Awards •2022 Top Volunteer Hours: Top Volunteer Hours = Firefighter C. Follett •99 Volunteer Hours Department Average = 22 Hours •2022 Top Caller: Top Caller = Firefighter T. Gonsior •397 Calls •72.31% Department Average = 208 Calls / 37.89% •2022 Paul Heinen Above and Beyond Award: Winner: Lieutenant G. Gerads Nominations: N. Dording, D. Eull, J. Eull, C. Follett, K. Gammell, G. Gerads, P. Gonsior, C. Holzerland, N. OseAgenda Page 107 2022 Board of Officer Promotions: •Deputy Fire Chief: K. Gammell Agenda Page 108 2022 Grant Review o Minnesota Board of Firefighter Training and Education: Received $4,340 in initial Department Training Funds Requested $3,100 in Redistribution Award Funds In addition, full funding for: Initial Fire Academy Fire Instructor I Classes Fire Officer I Classes Total reimbursement request of $7,440 o National Fire Safety Council: Received $2,061 in local, corporate, donations for Fire Safety / Public Education materials •Joint venture with the St. Michael Fire Department •STMA School District approach to fire prevention materials Agenda Page 109 2022 Grant Review o CenterPoint Energy Community Safety Grant Requested $2,500 for use towards a new emergency power generator at the Fire Hall Received $2,300 from the Safety Grant Program Agenda Page 110 2022 Department Highlights o Officer / Firefighter Promotions o One Class of Reserve Firefighters o Updated the City of Otsego Fire Protection Agreement o Wright County Mitigation Plan Updates o Frontline Worker Pay o FirstDue Software Suite o OSHA Inspection o SOP / SOG / Bylaw Updates Agenda Page 111 Looking forward to 2023!Agenda Page 112 Mayor and Council Request for Action February 6, 2023 SUBJECT: PLANNING – SIGN ORDINANCE AMENDMENT TO SECTION 10-7-8 PERMIT FEES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Adopt Ordinance No. 2023-01 amending Section 10-7-8.C Permit Fees reestablishing the billboard renewal fee. BACKGROUND: The Albertville Sign Code has required a billboard renewal fee for each of the billboards within the City. This language was inadvertently removed with past amendments. The renewal fee is still in the City fee schedule and is still collected. The amendment reestablishes the billboard renewal fee language within the Sign Code. The Albertville Planning Commission held a public hearing and reviewed an ordinance amendment, staff reports and heard public testimony. At the close of the public hearing, the Planning Commission recommended that the City Council approve the Sign Code amendment reestablishing the billboard renewal fee. The attached planning report and ordinance is offered for Council consideration. KEY ISSUES: • The billboard renewal fee was previously part of the sign code. • The billboard renewal fee is listed in the City fee schedule and is still collected. • The billboard renewal fee language was inadvertently removed from the sign code and the proposed ordinance reestablishes the past language. • The billboard renewal fee is $75 annually. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, a public notice was published, and a public hearing held by the Planning Commission. FINANCIAL CONSIDERATIONS: There is no financial implications for this request. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council has the authority to amend the City Sign Code. Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Planning Report dated December 8, 2022 • Ordinance No. 2023-01 Agenda Page 113 NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM: TO: Adam Nafstad FROM: Tara Kohl/Alan Brixius DATE: December 8, 2022 RE: Billboard Fee Amendment FILE NO: 163.05 22.12 BACKGROUND The City of Albertville would like to make an amendment to City Code reintroducing language that was previously included in the Code regarding sign permit fees and billboard renewal fees. ANALYSIS The proposed amendment addresses the required fees for all sign permits. The amendment also reinserts the fee requirement for the annual renewal of billboards. The billboard renewal fee was mistakenly removed from the sign code in a previous amendment. CONCLUSION The proposed amendment reintroduces language that was mistakenly removed from the sign code. We recommend approval of this attached draft code amendment. Cc. Maeghan Becker Kris Luedke Mike Couri Agenda Page 114 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2023-01 AN ORDINANCE AMENDING THE CITY CODE, TITLE 10 BUILDING AND DEVELOPMENT REGULATIONS, CHAPTER 7 SIGN REGULATIONS, SUBSECTION 8C PERMIT FEES The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. The Albertville Sign Code is hereby amended as follows: Section 10-7-8 C, Permit Fees 1. Permit Fees: For each sign requiring a permit, there shall be an initial fee, as established in section 3-1-3 of this code, which shall be set from time to time by city council ordinance. 2. Advertising Device-Renewal Fee: For each advertising device there shall be an annual renewal fee which shall be set from time to time by the City Council by resolution on or before April 1st of each year to be applicable to subsequent renewal fees. Each permit shall expire on the 30th day of June following. Section 2. This amendment shall be in full force and effective immediately following its passage and publication. Adopted by the City Council of the City of Albertville this 6th day of February 2023. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 115 Mayor and Council Communication February 6, 2023 SUBJECT: ADMINISTRATION – STORMWATER DRAINAGE UTILITY REVIEW INFORMATION: In 2022 an extensive examination of the City’s Stormwater Utility Billing was done by staff. Specifically, all commercial accounts were reviewed in regards to acreage and percentage of impervious (hardcover) coverage. Title 9, Chapter 5 of the City Code establishes the City’s Stormwater Drainage Utility. Stormwater utility fees are established in section 3-1-3 of City Code and examined or amended from time to time. The Stormwater Utility is charged as a line item on the monthly Utility Billing for each account. A single-family residential parcel is billed a flat rate regardless of size. All other parcels are billed based on the acreage of the parcel and the amount of impervious surface on the site. Upon review of the City’s non-residential accounts, it was found that many properties were not calculated correctly or several properties were not paying at all. It was also discovered that snowbirds, or accounts that were shut-off, were not being billed if they were not receiving a water bill. The City’s current stormwater rate structure for non-residential properties is as follows: 2023 Commercial Stormwater Rates: 0-5% Impervious $6.29 per acre monthly 6-35% Impervious $11.85 per acre monthly 36-65% Impervious $16.66 per acre monthly 66-100% Impervious $29.98 per acre monthly Properties exempt from the stormwater utility are considered public land and vacant/unimproved land with ground cover. Stormwater Utility Review Summary: • The City has 174 non-residential stormwater accounts • The City has 2,518 residential stormwater accounts o 2,475 are billed monthly o 43 are billed annually, as they do not receive a water or sanitary sewer bill • As part of the review, all non-residential properties were measured using GIS for size and impervious areas. o 15 non-residential stormwater accounts were added o Dozens of accounts were updated to reflect correct size and impervious areas. Generally, these properties saw an increased monthly charge. • Snowbird/Water Shut-off accounts are now billed monthly for stormwater. Agenda Page 116 Mayor and Council Communication – February 6, 2023 Administration - Commercial Stormwater Recap Page 2 of 2 • The first billing with all accounts corrected was the December, 2022. • Tabulated below are a before and after comparison of the monthly utility billing: Responsible person: Kristie Moseng, Accounting/Deputy Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Commercial Stormwater Updates: Nov Billing 2022 $8,114.90 Dec Billing 2022 $9,967.73 Increase in Revenue $1,852.83/month Residential Stormwater Updates: Nov Billing 2022 $9,768.00 Dec Billing 2022 $9,808.00 Increase in Revenue $40.00/month Agenda Page 117 City Administrator’s Update February 2, 2023 GENERAL ADMINISTRATION City’s Bond Rating: Last week Moody’s announced the upgrade of the City’s GO ratings to Aa2 from Aa3. CenterPoint Gas Franchise Fee: Effective January 1, 2023, the CenterPoint Energy franchise fee will be implemented. Parks Committee Appointment: The City received one letter of interest for the Parks Committee. The interested party was invited to the January Parks Committee meeting to interview with the Committee members. The Committee recommends the appointment of Pat Adamski which is included in the agenda packet. Planning Commission Vacancy: With the appointment of Councilmember Hayden, there is a vacancy on the Planning Commission. At tonight’s Council meeting, staff would like to discuss options to fill the vacancy. Wright County Radon Presentation: The Wright County Public Health Department is visiting each of the Cities in Wright County promoting Radon Awareness Month. Gavin Woodland, Wright County Health Promotion Coordinator, will be in attendance at the Council meeting. Because he is visiting multiple cites on Monday night, he will arrive at Albertville between 7:30 and 7:45 pm. Fire Service Awards: Annually the City Council recognizes the Albertville Firefights for years of service, retirements, etc. The Chief has scheduled the Fire Service Awards for Monday’s Council meeting. The AFD has schedule their Annual Holiday Celebration for February 18 at the Albertville Fire Hall (5 pm – Social Hour, 6 pm – Dinner). Arena Board: At their next meeting, the Board will review a draft budget, potential rate increases, and the CIP for the Gold (old) Rink. County Clean Water Grant: We are working on a Water Quality Improvement grant application through Wright County for funding to make improvements to Ditch #9 through the Albert Villas neighborhood. Applications are due February 7. LMC Grant Navigator: Staff submitted a $5,000 grant application to the League of MN Cities to assist with cost associated with grant applications. If received, the funds can be used to assist with grant requests for a I-94 Pedestrian Bridge. City Rental Policy: At the 2nd meeting in February staff would like to review the City’s licensing and inspection policy for rental properties to determine if any changes are desired by Council. Agenda Page 118 City Administrator’s Update Page 2 of 2 February 2, 2023 Parks Committee: At their last meeting, the Committee reviewed several items including options for paving the Central Park parking lot next to the depot, converting the Oakside Park tennis courts into a combination basketball and pickleball courts. ENGINEERING/PUBLIC WORKS Snow Removal: Our Public Works has done an excellent job with snow removal this season. City crews are still working on removing snow from cul-de-sacs and narrower City streets. 2023 Street Project: The 2023 Street Project is scheduled to be advertised this month and bids will be presented to Council at the first meeting in March. WWTP Reed Bed Elimination: The project will be advertised this month and bids are scheduled to be opened on February 28. It is anticipated that the project will be presented at the first meeting in March for a potential award. 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. I-94 Gap Project: MnDOT is anticipating 2024 construction and has consultant working on final design. We have a question into MnDOT as to whether a ped bridge at CR 37 can be included in the project. County Road 137: The County will be reconstructing 137 in 2024. Unless desired otherwise, staff will be working with the county on options for a trail along 137 and crossing provisions at the 62nd Street intersection. Agenda Page 119