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2023-07-17 City Council Agenda Packet City of Albertville Council Agenda Monday, July 17, 2023 City Council Chambers 7 pm 6:15 pm – Council Workshop for 2024 Preliminary Budget – Council Chambers PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. 1. Call to Order 2. Pledge of Allegiance – Roll Call Pages 3. Recognitions – Presentations - Introductions 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the June 20, 2023, regular City Council Meeting minutes as presented. 3-5 B. Authorize the Monday, July 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. 6 C. Accept Account Receivable Report 7-9 D. 2nd Quarter Budget to Actual Report 10-12 E. Approve a Special Event Permit for Family Youth Community Connections for their 9th Annual Open Streets event on September 9, 2023, from 11 am to 1 pm. 13-15 F. Approve a revision to the Department Meeting and Training Attendance section of the Fire Department’s Standard Operating Policies and Procedures. 16-17 G. Approve purchase of a BC 1174 Bobcat Brush Cutter in the amount of $6,900. 18-19 H. Approve Payment Application No. 3 to Gridor Construction in the amount of $374,157 for Wastewater System Improvements. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) 2. Planning Commission Vacancy Discussion City of Albertville City Council Agenda Monday, July 17, 2023 Page 2 of 2 B. Building – None C. City Clerk 1. City Code Amendment - Expiration and Renewal Date for Rental Licenses 20-21 (Motion to adopt Ordinance No. 2023-07 amending the Albertville City Code Rental Licensing Requirements relating to the expiration and renewal date for rental licenses within the City.) D. Finance 1. Tort Liability Insurance Renewal 22-23 (Motion to not waive the City’s monetary limits on tort liability established by Minnesota Statues, Section 466.04.) E. Fire – None F. Planning and Zoning 1. Zoning Amendment - Temporary Storage Containers and Dumpster Bags 24-28 (Motion to adopt Ordinance No. 2023-08 amending Section 200.2 Definitions and 1000.15.A Outdoor Storage establishing regulations pertaining to the temporary outdoor storage of storage containers and dumpster bags in residential zoning districts.) 2. Driveway and Curb Cut Widths Discussion 29-34 G. Public Works/Engineering 1. Compost Site Discussion 2. County Road 137 Concept Discussion H. Legal – None I. Administration 1. City Administrator’s Update 35-36 10. Announcements and/or Upcoming Meetings July 24 Joint Power Water Board, 6 pm Parks Committee, 7 pm August 7 Council Budget Workshop, 6:15 pm August 7 City Council, 7 pm August 8 Planning Commission, 7 pm August 14 STMA Arena Board, 6 pm August 21 Council Budget Workshop, 6:15 pm August 21 City Council, 7 pm 11. Adjournment ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES June 20, 2023 – 7 pm Council Chambers Albertville City Hall 1.Call to Order Mayor Hendrickson called the meeting to order at 7:01 pm. 2.Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Hayden and Zagorski. Absent: Councilmembers Cocking and Olson. Staff Present: City Administrator Nafstad and City Clerk Luedke. 3. Recognitions – Presentations – Introductions – None 4.Public Forum Mr. Felix Langstad, 10253 78th Street NE, Otsego asked if the Council had a time frame as to when the THC moratorium would be discussed because he was still very interested in opening his business. He answered questions from Council regarding the proposed legislative changes. City Administrator Nafstad said the City has been waiting for the League of Minnesota Cities to provide governance guidance. He answered questions from Council and said City staff would provide an update at the next City Council meeting. 5.Amendments to the Agenda MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to approve the June 20, 2023, agenda as submitted. Ayes: Hendrickson, Hayden and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. 6.Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A.Approve the June 5, 2023, regular City Council Meeting minutes as presented. B.Authorize the Tuesday, June 20, 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 a Special Event Permit including a Temporary Liquor License for the Church of St. Albert’s Annual Parish Festival on September 17, 2023, to be located at St. Albert Parish Center. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of June 20, 2023 D. Approve a Lawful Gambling Exempt Permit Application for the Church of St. Albert’s Annual Parish Festival on September 17, 2023, to be located at St. Albert Parish Center. E. Release Letter of Credit No. 163992542, held as security for The Fehn Industrial Park, conditioned on any outstanding balances owed to the City being paid in full. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to approve the June 20, 2023, Consent Agenda as submitted. Ayes: Hendrickson, Hayden and Zagorski. Nays: None. Absent: Cocking and Olson. 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 Department. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Councilmember Zagorski provided an update from the STMA Arena Board meeting which included a discussion on the general financial reports and he answered questions from the other Councilmembers. B. Building – None C. City Clerk – None D. Finance – None E. Fire – None F. Planning and Zoning 1. Approve Bravera Bank Expansion City Administrator Nafstad presented the staff report which included background information on the expansion the bank had requested to complete injunction with their interior remodeling project. He said the Planning Commission reviewed the site and building plans and recommended approval of the plans. Administrator Nafstad answered questions from Council. Mr. Austen Adam, with the Bank project, provided an estimated timeframe for the expansion reporting the outside work would be completed this year and the inside remodel next year. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to adopt Resolution No, 2023-28 approving the site and building plan for the expansion of Bravera Bank at 11102 57th Street. Ayes: Hendrickson, Hayden and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. G. Public Works/Engineering – None Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of June 20, 2023 H. Legal – None I. Administration 1. 50th Street Retaining Walls Discussion and Optional Memo of Understanding City Administrator Nafstad reported in the agenda packet was a draft Memo of Understanding (MOU) with Wright County for the construction of a retaining wall on 50th Street. He said the retaining wall was originally built by the City but was now on a County easement and was in need of repair or replacement. Administrator Nafstad said the retaining wall was necessary to support the sidewalk and the resident next to it has requested it be replaced due to the poor condition of it. He agreed the wall was in need of replacement and said the cost could be upwards of $75,000 which would be split with the County under the County’s Cost Participation Policy. He said no formal action was needed at this time and that he wanted to see if the Council had objections to City staff obtaining quotes for the wall replacement. Mr. Nafstad reported once the quotes were received, City staff would present the quotes to Council for review and consideration. He added he would work with the County on item 6 of the MOU regarding the City being the sole owner of the wall and responsible for future repairs. There was Council discussion regarding the retaining wall replacement and the consensus was for City staff to solicit project quotes and bring them back to a future meeting for Council’s review and consideration. 2. City Administrator’s Update City Administrator Nafstad reviewed the City Administrator’s Update and the upcoming City events. He reported the Wright County Sheriff’s Department drafted a new contract for 2024 with includes a sufficient price increase which would be discussed at the first budget workshop. City Administrator Nafstad said he planned to post the job ad for the Building Official position this week and was in the process of drafting the job description. Announcements and/or Upcoming Meetings June 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm July 4 City Offices closed in observance of the 4th of July July 10 STMA Arena Board, 6 pm July 11 Planning Commission, 7 pm July 17 Council Budget Workshop, 6;15 pm July 17 City Council, 7 pm 10. Adjournment MOTION made by Councilmember Hayden, second by Councilmember Zagorski to adjourn the meeting at 7:35 pm. Ayes: Hayden, Hendrickson and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 5 Mayor and Council Request for Action July 17, 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, July 17, 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 6 Mayor and Council Communication July 17, 2023 SUBJECT: CONSENT - FINANCE – ACCOUNTS RECEIVABLE REPORT ACCOUNTS RECEIVABLE: Total accounts receivable outstanding through June 28, 2023, is $64,660.39. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $45,506.08 70.38% 30-60 days outstanding $ 2,597.15 4.02% 60-90 days outstanding $ 2,412.45 3.73% Over 90 days outstanding $14,144.71 21.88% 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 7 Mayor and Council Communication – July 17, 2023 Finance – Accounts Receivable Report Page 2 of 3 Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days & Over Albertville Body Shop $355.84 $2.92 $2.92 $350.00 Albertville Leased HS Assc III $762.50 $158.75 $152.46 $156.29 $295.00 Albertville Phase II, LLC $805.32 $805.32 Albertville Phase III, LLC $268.44 $268.44 Albertville Townhomes LP $762.50 $158.75 $152.46 $156.29 $295.00 Bistodeau, Tony $4.21 $0.03 $0.03 $0.03 $4.12 Black Gold Properties LLC $142.34 $1.17 $1.17 $140.00 Com-Nine LLC $268.44 $268.44 Darkenwald Corporation $368.05 $3.05 $365.00 DSR Investments $268.44 $268.44 Hamilton, Luke $316.41 $2.54 $2.54 $2.54 $308.79 Herbst, Clint $762.50 $158.75 $152.46 $156.29 $295.00 Hockey Finder $2,040.15 $2,040.13 $0.02 IH3 Property Minnesota LP $603.63 $157.46 $151.17 $155.00 $140.00 Jelinek, Joseph $603.63 $157.46 $151.17 $155.00 $140.00 Kalahar, Karl $762.50 $158.75 $152.46 $156.29 $295.00 Kent, Jacob $200.00 $200.00 KMC Dance $355.84 $2.92 $2.92 $350.00 Lakes Area Training $3,178.47 $3,178.47 Landform Professional $1,680.00 $1,680.00 Lil Explorers Properties $110.32 $3.01 $3.01 $3.01 $101.29 Liu, Andy $762.50 $158.75 $152.46 $156.29 $295.00 Maeyaert, Chuck $7,888.75 $107.50 $322.50 $7,458.75 Mega Goaltending $14,237.93 $14,237.93 Moen, Kris $601.29 $156.29 $150.00 $295.00 NJ Properties $972.56 $6.89 $126.89 $6.89 $831.89 Nystrom, Joel $603.63 $157.46 $151.17 $155.00 $140.00 OJH Properties $603.63 $157.46 $151.17 $155.00 $140.00 Red and Black League $1,916.65 $1,916.65 River Hawks Summer Training $4,380.90 $4,380.90 Rooker, Chris $762.50 $158.75 $152.46 $156.29 $295.00 SFR Acquisitions 2 LLC $762.50 $158.75 $152.46 $156.29 $295.00 Simon Property Group, Inc $211.69 $1.67 $1.67 $1.67 $206.68 Skinner, Christopher $762.50 $158.75 $152.46 $156.29 $295.00 State of MN - Tax Forfeit $1,153.23 $256.68 $6.68 $6.68 $883.19 STP (Jake Hindermann) $13,110.49 $13,110.49 Team MN 2012 $547.61 $547.61 Tessendorf Properties LLC $762.50 $158.75 $152.46 $156.29 $295.00 Agenda Page 8 Mayor and Council Communication – July 17, 2023 Finance – Accounts Receivable Report Page 3 of 3 Total $64,660.39 $45,506.08 $2,597.15 $2,412.45 $14,144.71 Current 0-30 days $45,506.08 70.38% 30-60 days $2,597.15 4.02% 60-90 days $2,412.45 3.73% over 90 day $14,144.71 21.88% Agenda Page 9 Mayor and Council Communication July 17, 2023 SUBJECT: CONSENT - FINANCE – 2ND QUARTER BUDGET TO ACTUAL REPORT – UN-AUDITED 2nd QUARTER BUDGET TO ACTUAL: Attached are the 2nd Quarter 2023 un-audited General Fund summaries of revenues and expenditures. Revenues are expected to be at 50%. Expenses are expected to be at 50%. This summary shows operating revenues are at 50.91% and operating expenses are at 47.83%. VARIANCES: Revenue: • Police aid – Not received until October • Fire aid – Not received until October • Interest earnings – GASB requires investments be recorded monthly at market value • Administrative fee – AVA Administrative fees for development Expenses: • Assessor services completed April 2023 Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • 2023 Budget to Actual Agenda Page 10 Mayor and Council Communication – July 17, 2023 Finance – 2nd Quarter Report Page 2 of 3 2023 Council Update General Fund Operations General Fund Revenue: 2023 Budget 2023 Actual 06/30/23 Ytd % Budget 31010 Current Ad Valorem Taxes 2,519,337 1,380,176 54.78% 32000 Licenses & Permits 30,500 9,500 31.15% 32110 Liquor Licenses 30,000 27,024 90.08% 32150 Sign Permits 2,500 175 7.00% 32210 Building Permits 200,000 99,382 49.69% 33401 LGA Revenue expected 50,391 0 0.00% 33405 Police Aid 45,000 0 0.00% 33406 Fire Aid 100,000 0 0.00% 33422 Other State Aid Grants 700 0 0.00% 33423 Municipal Maintence 11,000 5,768 52.43% 34000 Charges for Services 20,000 2,913 14.56% 34001 Administrative Fee 1,500 11,169 744.60% 34005 Engineering As Built Fee 3,000 0 0.00% 34101 Leases - City Property 31,000 14,100 45.48% 34103 Zoning & Subdivision Fees 2,500 850 34.00% 34104 Plan Check Fee 80,000 21,988 27.48% 34107 Title Searches 2,500 1,670 66.80% 34112 Electric Franchise Fee 128,000 33,693 26.32% 34113 Franchise Fee - Cable 60,000 30,704 51.17% 34202 Fire Protection Contract Charges 520,602 377,491 72.51% 34780 Rental Fees 15,000 8,064 53.76% 34950 Other Revenues 15,000 13,829 92.19% 34110 Arena 14,654 7,327 50.00% 36210 Interest Earnings 10,000 -2,699 -26.99% General Fund Reserves 120,250 0.00% Total Revenues 4,013,434 2,043,122 50.91% Agenda Page 11 Mayor and Council Communication – July 17, 2023 Finance – 2nd Quarter Report Page 3 of 3 General Fund Department Expenditures: 2023 Budget 2023 Actual 06/30/23 Ytd % Budget 41000 General Government 65,000 37,701 58.00% 41100 Council 57,428 28,442 49.53% 41300 Combined Administrator/Engineer 190,554 86,164 45.22% 41400 City Clerk 153,061 66,763 43.62% 41410 Elections 27,000 1,244 4.61% 41500 Finance 133,361 61,645 46.22% 41550 City Assessor 48,000 50,055 104.28% 41600 City Attorney 30,000 15,726 52.42% 41700 City Engineer 35,000 13,082 37.38% 41800 Economic Development 25,000 1,964 7.86% 41910 Planning & Zoning 56,507 27,239 48.20% 41940 City Hall 166,354 69,970 42.06% 42000 Fire Department 720,524 337,292 46.81% 42110 Police 949,913 474,956 50.00% 42400 Building Inspection 294,595 127,490 43.28% 42700 Animal Control 12,000 3,594 29.95% 43100 Public Works - Streets 423,700 225,081 53.12% 43160 Electric street lights 101,200 46,370 45.82% 45000 Culture & Recreation 88,346 48,774 55.21% 45100 Parks & Recreation 435,891 196,243 45.02% Total Expenditures 4,013,434 1,919,795 47.83% 2023 Council Update Capital Fund Capital Reserve Fund Revenue: 2023 Budget 2023 Actual 06/30/23 Ytd % Budget 102- 31010 Capital Levy 1,601,861 800,931 50.00% Total Revenues 1,601,861 800,931 50.00% 2023 Council Update Capital Fund Capital Reserve Fund Expenditures: 2023 Budget 2023 Actual 06/30/23 Ytd % Budget 102 Capital Expenditures 1,601,861 697,701 43.56% Total Expenditures 1,601,861 697,701 43.56% Agenda Page 12 Mayor and Council Request for Action ______________________________________________________________________________ July 17, 2023 SUBJECT: CONSENT – CLERK – FAMILY YOUTH COMMUNITY CONNECTIONS OPEN STREET EVENT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve a Special Event Permit for Family Youth Community Connections (FYCC) for their 9th Annual Open Streets event on September 9, 2023, from 11 am to 1 pm. BACKGROUND: FYCC submitted a special event permit application for their 9th Annual Open Streets event to be held on Saturday, September 9, 2023. The Open Streets event is a national initiative to temporarily close streets to automobile traffic and promote healthy living and physical activity. There will be local vendors at the event as well as free family activities. KEY ISSUES: • The event will take place on the streets, which include Main Ave NE from 60th and Main to 58th and Main, and include all of 58th Street NE extending to Lander and ending at the Berning’s residence. FYCC is requesting to close these streets during the event. • The Open Street is an annual event that has been held on the same streets since 2014. • The estimate attendance including staff and entertainment will be between 2,500 and 6,000 people. • FYCC has contacted the Wright County Sheriff’s Office for security and traffic control. • FYCC has submitted a letter to the Albertville Fire Chief detailing their event plan. • FYCC will be renting port-a-potties for the event. • FYCC has provided the City with a certificate of liability insurance for the event. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve or deny requests for street closure requests within the City. The City Council has approved the request as presented in the past. Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • FYCC Narrative Agenda Page 13 Agenda Page 14 Agenda Page 15 Mayor and Council Request for Council Action July 17, 2023 SUBJECT: CONSENT – FIRE – STANDARD OPERATING PROCEDURE UPDATE RECOMMENDATION: Staff respectfully requests Council consideration regarding a proposed revision to the Department Meeting and Training Attendance Policy of the Fire Department’s Standard Operating Policies and Procedures. MOTION TO: Approve a revision to the Department Meeting and Training Attendance section of the Fire Department’s Standard Operating Policies and Procedures. BACKGROUND: The Fire Department is currently operating under Standard Operating Policies and Procedures (SOP’s) that were authorized, as a whole, by City Council in April 2021. The current Department Meeting and Training Attendance Policy needs some minor updates. The Board of Officers has discussed the proposed changes and is in support of the revisions. If approved by Council, the updated SOP will be discussed and implemented at the next Fire Department training night on Thursday, July 27, 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 Attachments: • Section 7.1.4 Department Meeting and Training Attendance SOP Agenda Page 16 Albertville Fire Department Standard Operating Policies and Procedures Policy Title: Department Meeting and Training Attendance Chapter: 7.0 Personnel Requirements Section: 7.1 Attendance Sub-Section: 7.1.4 Department Meeting and Training Attendance Date: 04/20/2021 Updated: 07/17/2023 Page: 1 of 1 Page 1 of 1 7.1 Attendance 7.1.4 Department Meeting and Training Attendance AFD Meetings and/or Training sessions shall be held every other Thursday evening, at 1900 hours at the AFD, unless otherwise indicated. A. Department Meeting and Training Attendance 1. Meetings = Attendance shall be taken by an Officer, or the Relief Association President, or Vice-President, or Secretary at the beginning of each AFD meeting. 2. Firefighters shall notify their Company Officers, and/or Training Captain of absences, prior to AFD meetings, and/or training sessions in order to be excused. 3. All meeting attendance records shall be maintained by the Fire Department. 4. Any Firefighter that misses, without an excused absence, or is habitually late, for any scheduled AFD meeting may be subject to discipline as outlined in Section 4.2 (Discipline Policy) of the AFD Standard Operating Policies and Procedures. B. Department Meeting and Training Attendance 1. Training = It is the individual Firefighters responsibility to keep track of document their attendance at training, and they shall sign-in on all required training paperwork. 2. Firefighters shall notify their Company Officers, and/or the Training Captain of absences, prior to AFD meetings and/or training sessions, in order to be excused. 3. Firefighters attending off-site training shall be responsible for completing and signing an AFD training sheet. Firefighters shall also write their name on the white board over the call box, or fill out a separate call sign-in sheet, in order to receive credit for any calls occurring during off-site training hours. 4. All training attendance records shall be maintained by the Training Captain. 5. Any Firefighter that misses, without an excused absence, or is habitually late, for any scheduled meeting and/or AFD training session may be subject to discipline as outlined in Section 4.2 (Discipline Policy) of the AFD Standard Operating Policies and Procedures. Agenda Page 17 Mayor and Council Request for Action ______________________________________________________________________________ July 17, 2023 SUBJECT: CONSENT – PUBLIC WORKS – APPROVE PURCHASE OF BC 1174 BOBCAT BRUSH CUTTER RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Approve purchase of a BC 1174 Bobcat Brush Cutter in the amount of $ 6,900. BACKGROUND: The Public Works Department would like to purchase a brush cutter to be used with the S66 T4 Bobcat. The quote from RTL Equipment includes a credit of $571.52 to be used towards the new brush cutter. KEY ISSUES: • The amount quoted for the brush cutter is based on MN State Bid pricing. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve equipment purchases. FINANCIAL CONSIDERATIONS: The Bobcat Brush Cutter will be funded through public works capital reserve funds designated for equipment. The price includes credits from previous trade-in. Responsible Person: Tim Guimont, Public Works Supervisor Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Bobcat Brush Cutter quote Agenda Page 18 GENERATED 6/08/2023 AT 8:54:14 AM BY Max Ditty | CREATED 06/07/2023 1 of 1 14833 164th Ave Big Lake, MN 55309 (763) 263-0505 Quote 41409 VALID UNTIL 07/07/2023 SALESPERSON Max Ditty max@thecoinc.com SHIP TO CITY OF ALBERTVILLE 11822 63RD STREET NE ALBERTVILLE, MN 55301 (763) 497-3384 BILL TO (#636930) () AUTO-SEND) CITY OF ALBERTVILLE 11822 63RD STREET NE ALBERTVILLE, MN 55301 (763) 497-3384 CUST PO CONTACT Tim Guimont (763) 497-3384 SHIP OUT Will Call DROP SHIP No #PART DESCRIPTION QTY RATE EXT 1 BobMS (RTL) BC 1174 - Bobcat BRUSH CUTTER SN:AYVY08137 72" BRUSHCAT ROTARY CUTTER, 3" CAPACITY, STD-FLOW 1.00 7,471.52 7,471.52 2 Bobcat Credits (RTL) Bobcat Credits 1.00 -571.52 -571.52 PAYMENT DETAILS AMT COMMENTS SUBTOTAL 6,900.00 TOTAL 6,900.00 PAYMENTS 0.00 BALANCE DUE 6,900.00 ACCEPTANCE:DATE: Items returned within 30 days of purchase with original invoice are subject to a 30% restocking fee. Special order items are only returnable with factory "ok", plus a 30% restocking fee and return freight. Special order items not picked up after 30 days will be placed back in inventory, a 30% restocking fee and inbound shipping are charged. No returns on electrical parts. Agenda Page 19 Mayor and Council Request for Action July 17, 2023 SUBJECT: CLERK – CITY CODE AMENDMENT – EXPIRATION AND RENEWAL DATE FOR RENTAL LICENSES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Ordinance No. 2023-07 amending Title 10, Chapter 4 of the Albertville City Code relating to the expiration and renewal date for rental licenses within the City. BACKGROUND: At the February 21, 2023, Council meeting, City staff presented information on the City’s Rental License Program which included the license renewal process, frequency and timeline for the inspections and the issues with non-compliant properties. It was discussed that many rental owners were not scheduling their rental inspection in a timely manner or completing any necessary repairs found during the inspection. City staff discussed potentially changing the licensing period dates from calendar year to beginning on April 1 to allow more inspection times for the landlords, during the spring, to complete the inspections and any necessary repairs. This date amendment would also work better with the building department schedules. After discussing the item, Council directed City staff to amend the rental licensing period from calendar year to start May 1 and expire on April 30 to give the property owners more time, during the spring, for the initial inspections and to repair any issues found during the inspection. KEY ISSUES: Title 10, Chapter 4 outlines the regulation pertaining to the Rental Licensing requirements. The proposed Code amendment responses to the following issue. • Amends the expiration and renewal date for the renewal licenses from beginning January 1 through December 31 to May 1 through April 30. FINANCIAL CONSIDERATIONS: There are no financial implications for this request. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council has the authority to amend the Rental License Code. Responsible Person: Kris Luedke, City Clerk. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Ordinance No. 2023-07 Agenda Page 20 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2023-07 AN ORDINANCE AMENDING THE CITY CODE, TITLE 10 BUILDING MAINTENANCE AND OCCUPANCY, CHAPTER 4 RENTAL UNIT OWNERS; LICENSING REQUIREMENTS MODIFYING THE EXPIRATION AND RENEWAL DATE FOR RENTAL LICENSES IN THE CITY OF ALBERTVILLE The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Title 10, Chapter 4 Section B of the Albertville City Code is hereby amended to read as follows: 10-4-10: RENTAL UNIT OWNERS; LICENSING REQUIREMENTS: B. Expiration And Renewal Of License: Each such operating license shall be issued annually and shall expire on April 30 December 31. License renewals shall be filed at least ninety (90) days prior to license expiration date. Section 2. This Ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Albertville this 17th day of July 2023. Jillian Hendrickson, Mayor ATTEST: ______________________________ Kristine A. Luedke, City Clerk Agenda Page 21 Mayor and Council Request for Action July 17, 2023 SUBJECT: FINANCE – TORT LIABILITY INSURANCE RENEWAL RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Not waive the City’s monetary limits on tort liability established by Minnesota Statues, Section 466.04. BACKGROUND: Waiving the monetary limits increases exposure and raises the premium on an average of 3%. The League of Minnesota Cities Insurance Trust (LMCIT) requires “Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort limits to the extent of the coverage purchased. This decision must be made by the City Council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage.” The City Council must decide to waive or not waive the statutory limits prior to the October 1, 2023, expiration/renewal date per LMCIT requirements in order for coverage to continue beyond that date. Upon submission of this "signed and dated" Waiver Form, the LMCIT will issue an Extension of Coverage Binder effective with an October 1, 2023, effective date. It usually takes more than thirty (30) days for the LMCIT to process a renewal application. The Extension of Coverage Binder assures the City of coverage beyond the October 1, 2023, renewal date. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve tort liability options annually. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends not waiving the tort liability. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to contract for insurance coverage including waiving the statutory tort liability limit. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Liability Coverage – Waiver Form Agenda Page 22 League of Minnesota Cities 3/2/2023 Liability Coverage Waiver Form Page 1 LIABILITY COVERAGE WAIVER FORM Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not waive the statutory tort limits must be made annually by the member’s governing body, in consultation with its attorney if necessary. The decision has the following effects: •If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether the member purchases the optional LMCIT excess liability coverage. •If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived to the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. •If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LMCIT Member Name: __________________________________________________________________________ ______________________________________________________________________________________________ Check one: ☐The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. § 466.04. ☐The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. § 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of member’s governing body meeting:___________________________________________________________ Signature: _____________________________________________________________________________________ Position: _______________________________________________________________________________________ Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before their effective date of coverage. Email completed form to your city’s underwriter, to pstech@lmc.org, or fax to 651.281.1298. Agenda Page 23 Mayor and Council Request for Action July 17, 2023 SUBJECT: PLANNING – ZONING AMENDMENT – TEMPORARY STORAGE CONTAINERS AND DUMPSTER BAGS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Adopt Ordinance No. 2023-08 amending Section 200.2 Definitions and 1000.15.A Outdoor Storage establishing regulations pertaining to the temporary outdoor storage of storage containers and dumpster bags in residential zoning districts. BACKGROUND: Currently, the City has no regulation for temporary storage of PODS, storage containers, dumpsters, and dumpster bags. The City has received complaints from residents regarding properties using these temporary storage units for long durations. The complaints center around the appearance of the units, location in the front yard and the duration of the use detracting from the neighborhood. KEY ISSUES: The draft zoning code amendment addresses the use of the temporary storage unit, their location and duration. • Definitions are offered to describe the units being regulated by this code amendment. • The storage container/dumpster bags must be secure to avoid theft or litter from dumpster bags. • The duration for these temporary storage units is 30 days, unless tied to an active building permit. • The City will not require a permit for these temporary uses. The City enforcement pertaining to these temporary uses will be on a complaint basis. Enforcement shall have the City contact the property owner having the storage unit and establish a deadline for its removal. • The code will require that these temporary storage units to be located on the paved driveway and outside the street boulevard. These standards are established to place them on a durable surface and to keep them away from the street. POLICY CONSIDERATIONS: In accordance with State Law, public notice was published, and a public hearing held by the Planning Commission on July 11, 2023, for the Albertville Zoning Code amendment. The Commission recommended the City Council approve the zoning text amendment. FINANCIAL CONSIDERATIONS: There are no significant financial issues related to the zoning text amendment. The City shall be responsible for all costs associated with any enforcement related to the zoning text amendment. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to amend the City Zoning Code, which requires a majority vote of the City Council and becomes effective upon publication. Agenda Page 24 Mayor and Council Request for Action – July 17, 2023 Planning - Zoning Amendment Temporary Storage Containers Page 2 of 2 Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: •Planning Report dated June 5, 2023 •Ordinance No. 2023-08 Agenda Page 25 Abcities LLc PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: June 5, 2023 RE: Albertville Zoning Code Amendment -Temporary Storage Containers. FILE NO: 163.05 23.02 PID: City Wide BACKGROUND The City of Albertville has received complaints regarding the placement and duration of temporary storage Container (PODs), construction dumpsters and dumpster bags in residential neighborhoods. It is understood that these items may be needed at times when households are moving in or moving out of the house. Or needed in relation to a construction or remodeling project. However, in some cases the duration of these temporary use has become a nuisance for adjoining property owners. Currently, the City has no code addressing the use of these temporary uses. Staff is recommending the attached zoning code amendment that defines the uses and identifies the location and duration that these units may be allowed. The City would enforce only on a complaint basis and will not have a record for the start date on the use of the items, as such through enforcement the property owner will have to produce a contract or receipt demonstrating that they are not in violation of the code’s limited duration. The Planning Commission is requested to review and discuss the code elements and provide a recommendation to the City Council on this issue. Staff will take any suggested edits or modifications recommended by the Planning Commission. Cc. Maeghan Becker Kris Luedke Mike Couri 16405 78th Avenue n. MApLe Grove teL: 763-242-6955 eMAiL ALbrixius@GMAiL.coM Agenda Page 26 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2023-08 AN ORDINANCE AMENDING APPENDIX A, SECTION 1000.15 A OUTSIDE STORAGE ACCESSORY TO RESIDENTIAL USES, OF THE ALBERTVILLE MUNICIPAL CITY CODE, ESTABLISHING REGULATION FOR THE USE AND TERMS FOR TEMPORARY STORAGE CONTAINERS AND RESIDENTIAL DUMPSTER BAGS The City Council of the City of Albertville, Minnesota hereby ordains as follows: Section 1. Section 200.2, Definitions is amended to include the following: Residential dumpster bag: a storage bag temporarily placed on a property for use in storing materials for household relocation or improvement projects. Temporary storage container: an enclosed freestanding container temporarily placed on a property for use in storing materials for household relocation or improvement projects. Section 2. Section 1000.15 A. of the Albertville zoning code is amended as follows: 7. Temporary storage containers including, but not limited to, cargo containers, portable on demand storage units, and dumpsters, are not allowed as permanent storage structures. Temporary storage containers being used for household relocation and improvement projects are permitted subject to the following conditions: a. The temporary storage container is enclosed and secure. b. The temporary storage container is located on a property for no more than 30 consecutive days in one calendar year, unless there is an active building permit in place for the property, in which case the temporary storage container may be located on the property for no more than 90 consecutive days. c. The temporary storage container is located on a driveway or hard surface area in the front yard, must be setback a minimum of 15 feet from the public street curb and five feet from a private street curb, and five feet from side property lines, and may not intrude on sidewalks. d. No permit is required for the temporary storage container. The City may require information appertaining to the dates upon which the temporary storage container was placed on a property and when it will be removed if concerns are raised over the duration of time during which the storage container is located on the property. Agenda Page 27 City of Albertville Ordinance No. 2023-08 Meeting of July 17, 2023 Page 2 8. Residential dumpster bags being used for household relocation and improvement projects are permitted subject to the following conditions: a.The residential dumpster bag is located on a property for no more than 30 consecutive days in one calendar year, unless there is an active building permit in place for the property, in which case the residential dumpster bag may be located on the property for no more than 90 consecutive days. b. The residential dumpster bag must be setback a minimum of 15 feet from the public street curb and five feet from a private street curb, and five feet from side property lines, and may not intrude on sidewalks. c.No permit is required for the residential dumpster bag. The City may require information pertaining to the dates upon which the residential dumpster bag was placed on a property and when it will be removed if concerns are raised over the duration of time during which the residential dumpster bag is located on the property. Section 3. This Amendment shall be in full force and effective immediately following its passage and publication. Approved by the City Council of the City of Albertville this 17th day of July 2023. Jillian Hendrickson, Mayor ATTEST: ______________________________ Kristine A. Luedke, City Clerk Agenda Page 28 Mayor and Council Request for Action July 17, 2023 SUBJECT: PLANNING - DRIVEWAY AND CURB CUT WIDTHS DISCUSSION RECOMMENDATION: It is respectfully requested that the Mayor and Council provide direction to City Staff on the regulation and enforcement pertaining to residential curb cut widths BACKGROUND: The Albertville zoning code restricts residential curb cut widths to 24 feet. The City has experienced a number of violations with property owners widening their driveways beyond the City curb cut width standard. City staff wish to discuss these violations and determine if the City should adjust the City’s curb cut width standard or if enforcement is appropriate. KEY ISSUES: The curb cut widths are regulated with the following considerations: • Establish a uniform curb cut standards for all residential lots. • Provide adequate width for access and parking for single family homes having a two or three car garage. • Accommodate on-street parking spaces. • Accommodate boulevard snow storage. • Protect boulevard utilities. • The City undertakes driveway improvements along with street reconstruction; the City will not replace oversized driveways. • The City restricts the curb cut width at the curb line to 24 feet and allows the driveway to be expanded at a 45 degree angle through the boulevard to the property line. • Driveways are required to be setback 5 feet from the side lot line. • The code allows for a side yard storage /parking pad along the garage with a 2 foot side yard setback. • The 24 foot residential curb cut width has been a long standing zoning requirement, the current wider curb cuts and driveways (photos will be provided at the meeting) have been constructed illegally. • The City has started to require right-of-way permits for any private improvements in the street or boulevard to avoid future violations. POLICY CONSIDERATIONS: Any change in policy and or code is a determination of the City Council. The Planning Commission discussed this issue at their July 11, 2023, meeting. The Commission recommended the following actions. • No change in the current code. • Require the Right-of-way permits address this issue prior to driveway construction. • Notify contractors working in the city of the code rules and the need for a right-of-way permit. • Enforce the code on current violations. FINANCIAL CONSIDERATIONS: The City shall be responsible for all costs associated with any enforcement related to the zoning code regulations. Agenda Page 29 Mayor and Council Request for Action – July 17, 2023 Planning - Residential Curb Cut Discussion Page 2 of 2 LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to enforce the current City Zoning Code or amend the code if they deem a wider curb cut is appropriate. Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Planning Report dated July 5, 2023 • Curb Cut Exhibits • Photos will be presented at the meeting Agenda Page 30 Abcities LLc PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: July 5, 2023 RE: Residential Curb Cuts / Driveways FILE NO: 163.05 23.03 PID: City Wide BACKGROUND The Albertville zoning code restricts residential curb cut widths to 24 feet. The City has experienced a number of violations with property owners widening their driveways beyond the City curb cut width standard. City staff wish to discuss these violations and determine if the city should adjust it curb cut width standard or if enforcement is appropriate. ANALYSIS The curb cut widths are regulated with the following considerations: 1. Establish a uniform standard for all residential lots. 2. Provide adequate width for access and parking for single family homes having a two or three car garage. 3. Accommodate on-street parking spaces. 4. Accommodate boulevard snow storage. 5. Boulevard utilities. 6. The city undertakes driveway improvements along with street reconstruction; the city will not replace oversized driveways. Attached are diagrams showing the application of the curb cut widths on R-1A and R-1 lots. The city requires a 24-foot curb cut at the curb line and allows the driveway to expand at a 45 degree angle through the boulevard into the lot. Property owners have extended their driveway through the boulevard resulting in curb cuts having 30-foot widths. 16405 78th Avenue n. MApLe Grove teL: 763-242-6955 eMAiL ALbrixius@GMAiL.coM Agenda Page 31 CONCLUSION The Planning Commission is asked to review the curb cut issue and offer recommendation per the following options. 1. No change in the curb cut width and the City’s practice for expanding the driveway from the street curb. 2. No change in the curb cut width standard, require the drive expansion to begin at the street right-of-way line (outside the boulevard). 3. Consider changing the driveway width standard, to allow for wider curb cuts up to 30 feet. cc. Maeghan Becker Kris Luedke Agenda Page 32 .. R-1 DISTRICT CURB CUT OPTIONS 90'90'90'---------' ' --------I I _ __..,_ ___ . , ... .. • OUTDOOR • OUTDOOR STORAGE AREA OUTDOOR ., STORAGE AREA 24' OPTION 1 24' CURB CUT W/ NO SIDEWALK -2' .. • 5' SIDEWALK • • • 2' 5' STORAGE AREA l 2' .. ·--- 5' ,�-_..___��,,-�� ...... ---� 24' STREET OPTION 2 24' CURB CUT W/ SIDEWALK 24' OPTION 3 24' CURB CUT - -, ' 50 FEET PROPERTY LINE CURB LINE Agenda Page 33 R-1A DISTRICT CURB CUT OPTIONS 100' 100' 100' _______ ___,I' ___ .,._.......___ , I ----.;;;::=t=====--_,.' / --� OUTDOOR STORAGE AREA • 2' -• ls•. SIDEWALK OUTDOOR STORAGE AREA 2' 5' OUTDOOR STORAGE AREA 2' • • ...._.. ___ • ' ...-..--....,.._-111-• ' ------___ ,...__ __ ' ' --------==----- 24' OPTION 1 2 4' CURB CUT W/ NO SIDEWALK 24' STREET OPTION 2 24' CURB CUT W/ SIDEWALK 24' OPTION 3 24' CURB CUT I � 50 FEET PROPERTY LINE CURB LINE Agenda Page 34 City Administrator’s Update July 13, 2023 GENERAL ADMINISTRATION 2024 Preliminary Budget Workshops: The 2024 Budget Workshops are set for July 17, August 7 and August 21 (if needed) at 6:15 pm before the regularly scheduled City Council meetings. Law Enforcement Contract: Wright County cities were invited to meet with Sheriff Deringer and the County Commissioners last week. At the meeting, we learned of significant price increases for 2024 contract services, as well as, an added fee for 2023 services. Additionally, the Sheriff’s Department has drafted a new contract for 2024, which I have asked the City Attorney to review. Watershed District: The County would like to explore the option of creating a watershed taxing district and have invited staff to attend a meeting on August 14 to discuss. I do not believe Albertville benefits from a separate watershed taxing district for many reasons and would like to briefly discuss this with Council at the meeting. City Hall Card Access System: At the March 20 Council meeting, the purchase of additional equipment for the City Hall card access system was approved. After beginning the project, Schindler discovered the elevator was short a travel wire which is required to lock the second floor. Schindler returned two quotes. The first quote was to add a physical key lock to the elevator at a cost of $4,427 and the second was to finish the key card with the travel cable for $5,710. Staff recommends finishing the project with the key card access system. Building Inspection Services: Staff completed the job description and posted the position for the building official on the League’s website. Applications are due July 31. We will be developing a transition plan with the City of St. Michael and are tentatively planning to have the position filled early September. Parks Committee Vacancy: The City received a resignation notice from Parks member, Larry Boller, effective June 27 so there will be an opening on the Parks Committee. Planning Commission Vacancy: Since the last Council meeting, staff has drafted a Planning Commission application which includes additional information regarding the applicant’s interests, experience and availability. The City has received two applications for the open seat. Code/Zoning Enforcement: The code enforcement regrading illegal land use on Potter’s property located at the southwest corner of 60th Street NE and Mackenzie Avenue has been turned over to the City Attorney. Agenda Page 35 City Administrator’s Update Page 2 of 2 July 13, 2023 Compost Facility: Annually, we have a company grind and haul away the brush pile at the compost facility. Historically, this was a free service as the woodchips were used by power companies. Last year, the fee to have the brush pile chipped was $10,000 and was split equally with Otsego. Estimates for this year’s pile are upwards of $40,000, which was not expected. At the meeting, we would like to talk about this cost and begin the discussion on the future of the compost facility. Currently, we allow Otsego residents to use the facility at no charge. Additionally, we have very little control over illegal dumping as the facility is not fenced. ENGINEERING/PUBLIC WORKS 2023 Street Overlay: Milling operations are underway and street patching and curb repair will begin next week. Paving is scheduled to begin the first week of August. Depot Parking Lot: The parking lot is complete and will be open for use next week. Public Works will be completing the final grading and seeding. WWTF Improvements: Footing work is progressing well and precast panels are scheduled for mid-August. The Contractor is working to have the building fully enclosed by winter. 50th Street Retaining Walls: We are working on a retaining wall design and will be getting quotes for the work. 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: The Gap project received $78 million from the 2024 Corridors of Commerce solicitation. I am not aware of the construction schedule but believe MnDOT is anticipating 2024 construction and currently has a consultant working on the final design. County Road 137: Staff recently met with the City of Otsego and the County Highway Department to review a concept for Cr137. I will have a copy of the concept at the meeting for discussion. Agenda Page 36