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2023-10-16 City Council Agenda Packet City of Albertville Council Agenda Monday, October 16, 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. 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 October 2, 2023, regular City Council Meeting minutes as presented. 3-5 B. Authorize the Monday, October 16, 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. Authorize the quotation for reprogramming and required maintenance of the Fire Department Radios, in the amount of $7,150. 7-9 D. Adopt Resolution No. 2023-37 allowing the Albertville Fire Relief Association to join the Statewide Volunteer Firefighter Plan. 10-14 E. Release Letter of Credit No. 1053431344, held as security for The Preserve at Albertville, conditioned on any outstanding balances owed to the City being paid in full. 15 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) B. Building – None C. City Clerk – None City of Albertville City Council Agenda Monday, October 16, 2023 Page 2 of 2 D.Finance 1.Roof Repairs on City Buildings 16-18 (Motion to authorize the roof repairs for City Hall, Fire Hall, Public Works and FYCC buildings not to exceed $27,290 by B&B Sheet Metal and Roofing.) E.Fire 1.Capital Apparatus Purchase Contract 19-26 (Motion to authorize the City of Albertville to enter into a Purchase Contract with Midwest Fire for an All-Poly Series 2000 Gallon Tender and a Freightliner M2-106 Chassis.) F.Planning and Zoning – None G.Public Works/Engineering – None H.Legal – None I.Administration 27-28 1.City Administrator’s Update 10.Announcements and/or Upcoming Meetings October 23 Joint Power Water Board, 6 pm Parks Committee, 7 pm October 30 Joint Governance Meeting, 6 pm November 6 City Council, 7 pm November 9 City Offices closed in observance of Veterans Day November 13 STMA Arena Board, 6 pm November 14 Planning Commission, 7 pm November 20 City Council, 7 pm 11.Adjournment ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES October 2, 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 Olson and Zagorski. Absent: Councilmembers Cocking and Hayden. Staff Present: City Administrator Nafstad, Fire Chief Bullen, City Attorney Couri, Finance Director Lannes and City Clerk Luedke. 3. Recognitions – Presentations – Introductions – None 4. Public Forum – None 5. Amendments to the Agenda MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to approve the October 2, 2023, agenda as submitted. Ayes: Hendrickson, Olson and Zagorski. Nays: None. Absent: Cocking and Hayden. 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 September 18, 2023, City Council Workshop minutes as presented. B. Approve the September 18, 2023, City Council Meeting minutes as presented. C. Authorize the Monday, October 2, 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. Accounts Receivable Report. E. 3rd Quarter Budget to Actual Report. F. Approve a THC License application for Coborn’s Liquor located at 5600 LaCentre Avenue NE, Suite 114 through December 31, 2023. G. Approve a THC License application for One Stop Smoke Shop located at 11850 62nd Street NE through December 31, 2023, contingent upon a successful background check. H. Approve an On-Sale Intoxicating with Sunday Sales Liquor License for The Hen & The Hog located at 5262 Kyler Avenue NE through March, 31, 2024. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of October 2, 2023 I. Authorize the purchase and installation of a replacement Boiler from Weidner’s Plumbing and Heating for the Albertville City Hall for an amount not-to-exceed $16,922. J. Approve Payment Application No. 6 to Gridor Construction in the amount of $740,078 for Wastewater System Improvements. MOTION made by Councilmember Zagorski, seconded by Councilmember Olson to approve the October 2, 2023, Consent Agenda as submitted. Ayes: Hendrickson, Olson and Zagorski. Nays: None. Absent: Cocking and Hayden. The motion carried. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. A. Wright County Law Enforcement Contract City Administrator Nafstad presented the staff report which included background information on the law enforcement contract and said the proposed 2024 Budget included the contract increase. There was Council discussion regarding law enforcement agreement and the consensus was to table the item until the next Council meeting due to two Councilmembers being absent. MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to table the Law Enforcement Services Contract with the Wright County Sheriff’s Office until the next Council meeting. Ayes: Hendrickson, Olson and Zagorski. Nays: None. Absent: Cocking and Hayden. The motion carried. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Councilmember Olson provided an update from the Joint Power Water Board meeting which included the retirement of the utility clerk and said the Board would be reevaluating staffing needs. He also reported the Parks Committee met and reviewed playground options for Central Park. City Administrator Nafstad stated the Parks Committee has been working on a park improvement priority list and said the Committee would be submitting the list to Council for their review. He said the goal for Central Park was to apply for a grant similar to what the City has done in the past. Mayor Hendrickson said she has recently had some questions regarding the Kingston Crossing apartment rentals and asked if a news story could be added to the next newsletter to notify residents about the market rate apartments. City Administrator Nafstad said the project was moving along nicely and added the City has received positive feedback from local employers regarding the additional housing options for employees. B. Building – None C. City Clerk – None Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of October 2, 2023 D. Finance – None E. Fire – None F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal – None I. Administration 1. City Administrator’s Update City Administrator Nafstad reviewed the City Administrator’s Update with included the upcoming Joint Governance meeting scheduled for October 30. Administrator Nafstad said last month, the Council discussed the possibility of purchasing a new Tender vehicle to replace the current 1995 model. He said a vehicle may be available for the City to purchase and if so more information would be presented at the next Council meeting. Councilmember Olson said he would be absent from the next Council meeting. Administrator Nafstad said Staff would bring the Wright County Law Enforcement contract back to the first meeting in November. Announcements and/or Upcoming Meetings October 9 STMA Arena Board, 6 pm October 10 Planning Commission, 7 pm October 16 City Council, 7 pm October 23 Joint Powers Water Board, 6 pm Parks Committee, 7 pm October 30 Joint Governance Meeting, 6 pm November 6 City Council, 7 pm 10. Adjournment MOTION made by Councilmember Olson, second by Councilmember Zagorski to adjourn the meeting at 7:16 pm. Ayes: Hendrickson, Olson and Zagorski. Nays: None. Absent: Cocking and Hayden. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 5 Mayor and Council Request for Action October 16, 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, October 16, 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 Request for Action _____________________________________________________________________________ October 16, 2023 SUBJECT: CONSENT – FIRE DEPARTMENT – REPROGRAMMING OF FIRE DEPARTMENT RADIOS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Authorize the quotation for reprogramming and required maintenance of the Fire Department Radios, in the amount of $7,150. BACKGROUND: The Fire Department is requesting the authorization to make re-programming and fleet map changes to the code plug of the Fire Department radios. In addition, each radio is ready for required optimization and firmware upgrades. The majority of the Fire Department radios were purchased in 2019 and are due for routine optimization and firmware upgrades. Concurrently, the Wright County Sheriff’s Office has notified the County Fire Departments that they will be encrypting three of their main radio channels, effective March 31, 2024, making these radio channels, in our Fire Department radios, obsolete. The Fire Department is working on re-programming and code plug changes to our radio fleet map to remove these radio channels, and making the code plugs more customized to the Fire Department. The attached quotation is based on vendor State bid pricing. KEY ISSUES: • The Fire Department purchased the majority of their radios in 2019. • The Fire Department radios need re-programming, due, in-part, to the Wright County Sheriff’s Office moving three of their radio channels to encryption. • The Fire Department radios are also due for optimization and firmware upgrades. • The vendor quotation is based on State bid pricing. POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all quotations for equipment maintenance and/or purchase. FINANCIAL CONSIDERATIONS: The reprogramming and radio updates will be funded through the Fire Department Operations budget. LEGAL CONSIDERATIONS: The City has the authority to maintain and/or purchase equipment under the State of Minnesota contract or by quotes. Agenda Page 7 Mayor and Council Request for Action – October 16, 2022 Consent – Fire – Reprogramming of Fire Department Radios Page 2 of 2 Responsible Person: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: •ANCOM Quotation #169392 Agenda Page 8 Page 1 ANCOM Technical Center 1800 East Cliff Road, Suite 17 Burnsville MN 55337 Tel: (952) 808-7699 QUOTATION QUOTE NO.: 169392 DATE: 10/10/23 TERMS:NET 30 3 TO:Albertville Fire Department Please reference Quote No. on Correspondence & purchase orders. PO Box 9 Quote pricing valid for 60 days. Albertville, MN 55301 WE ARE PLEASED TO QUOTE YOU THE FOLLOWING: Service Requested Make fleetmap changes on codeplugs per customer request. Re-program, optimize and perform firmware upgrades on each radio. XTL/XTS radios are not to receive firmware upgrade. Perform PM checks on mobile radios. Qty Description Total Service To Be Performed ARMER codeplug build Parts .00 Optimize, firmware upgrade and re-programming Tech Svc 7,150.00 of subscriber radios for up to 45 units. Perform ============= PM checks of all mobile radios. All repairs Total Svc 7,150.00 to be done on a T&M basis. Trip Charge Outbound Shipping .00 Tax .00 Total Quote 7,150.00 ======================== ORDERS SUBJECT TO SHIPPING & HANDLING AND SALES TAX IF APPLICABLE TERMS SUBJECT TO CREDIT REVIEW CUSTOMER IS TO PROVIDE ALL ACCESS NEEDED TO COMPLETE THE PROJECT IN A TIMELY MANNER. NO PARTS ARE PROVIDED, OTHER THAN MISCELLANEOUS INSTALLATION HARDWARE, UNLESS OTHERWISE SPECIFIED. CHANGE ORDERS WILL BE PROCESSED FOR ADDITIONAL OUT-OF-SCOPE MATERIAL AND LABOR, OR OTHER DEVIATIONS FROM THIS QUOTE. ANCOM RESERVES THE RIGHT TO CORRECT MATHEMATICAL OR OTHER ERRORS IN THIS QUOTATION. Accepted by ________________________________________________________P.O. No. _________________ LEGAL NAME OF PURCHASER ________________________________________________________ Date _________________ AUTHORIZED SIGNATURE Agenda Page 9 Mayor and Council Request for Action October 16, 2023 SUBJECT: CONSENT – FIRE – AUTHORIZE THE ALBERTVILLE FIRE RELIEF ASSOCIATION TO JOIN STATEWIDE VOLUNTEER FIREFIGHTER PLAN RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2023-37 allowing the Albertville Fire Relief Association to join the Statewide Volunteer Firefighter Plan. BACKGROUND: In early 2023, the Albertville Fire Department (Fire Department) and Albertville Fire Relief Association (Relief Association) began exploring potential options for the future of the Relief Association. Options that are available for the Relief Association are: •Remain a Relief Association and continue funding and managing retirement pension benefits for its members, with financial management through a private investment company. •Remain a Relief Association and continue funding and managing retirement pension benefits for its members, with financial management through the Minnesota State Board of Investment (SBI). •Move the benefit, financial, and pension management to the Minnesota Public Employees Retirement Association Statewide Volunteer Firefighter Plan (MN PERA SVF). On July 13, 2023, the Relief Association Board of Trustees (Relief Board) held their quarterly meeting, and one of the discussion topics was to explore a potential move to MN PERA SVF. The Relief Board voted to move forward with looking at MN PERA SVF and authorized the City of Albertville (Governing Body) and the Fire Department to complete and submit a “Request for a Cost Analysis to Join the Statewide Volunteer Firefighter (SVF) Plan: Lump-Sum Division”, which was completed on July 14, 2023. The Relief Association reviewed the Cost Analysis, and scheduled a follow-up informational presentation by PERA, to the full Relief Association Membership on September 25, 2023. This presentation was also attended by the City Administrator, Finance Director, and Fire Chief. On October 4, 2023, the Relief Board held its quarterly meeting and voted unanimously in favor of a motion to move the discussion of the potential move to MN PERA SVF to the full Relief Association membership. The full Relief Association membership held a Special Meeting on October 4, 2023, and after great discussion, voted unanimously to move to MN PERA SVF. Agenda Page 10 Mayor and Council Request for Action – October 16, 2022 Consent – Fire – Reprogramming of Fire Department Radios Page 2 of 2 As part of the required steps to join MN PERA SVF, the Relief Board approved, and signed, “A Resolution Opting to Join the Statewide Volunteer Firefighter Plan.” The City of Albertville, as the Governing Body, is also required to pass a similar resolution, authorizing the move of the Relief Association to MN PERA SVF. Should the City authorize the resolution, the effective date of the MN PERA SVF move would be January 1, 2024. KEY ISSUES: • Both the Relief Board and full Relief Membership have unanimously voted to move the benefit, financial, and pension management of the Relief Association to the Minnesota Public Employees Retirement Association Statewide Volunteer Firefighter Plan (MN PERA SVF). • The entry, per year-of-service, benefit level will be $5,400. • Partial vesting will now begin at 5-years of service (40%) and increase 4% every year until full-vesting is achieved at 20-years of service. • The move to MN PERA SVF will take place on January 1, 2024. • Once the move is complete, the Relief Association ceases to be the pension plan administrator for the Fire Department Firefighters. • The Relief Board will continue to meet to determine if they wish to keep a modified Relief Association for the purpose of maintaining their General (Donation) Fund. FINANCIAL CONSIDERATIONS: There is no immediate budgetary impact on the City of Albertville. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to approve the Relief Associations move to the MN PERA SVF. Responsible Person: Eric Bullen, Fire Chief Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • Resolution No. 2023-37 • Albertville Fire Relief Association Resolution No. 2023-001 Agenda Page 11 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2023-37 A RESOLUTION OPTING TO JOIN THE STATEWIDE VOLUNTEER FIREFIGHTER PLAN The City Council of the City of Albertville, Minnesota, does ordain: WHEREAS, the City is authorized to join the Statewide Volunteer Firefighter Plan administered by the Public Employees Retirement Association (PERA); and WHEREAS, the City and the City’s Fire Department Relief Association have jointly consented to and obtained a cost analysis for joining the Statewide Volunteer Firefighter Plan from PERA not more than 120 days ago; and WHEREAS, the City highly values the contributions of the City of Albertville Fire Department members to the safety and well being of our community and wishes to safeguard their pension investments in a prudent manner; and WHEREAS, the existing benefit level for the City Fire Department is currently at $4,200 per year of service pursuant to current Relief Association bylaws. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota: 1) The City hereby approves coverage by and requests participation in the Statewide Volunteer Firefighter Plan administered by PERA under the terms provided in the PERA cost analysis at the $5,400 benefit level per year of service, effective January 1, 2024; and 2) The City hereby approves coverage by and requests participation in the Statewide Volunteer Firefighter Plan administered by PERA under the terms provided in the PERA cost analysis with the vesting schedule beginning at 40% after 5-years of service, increasing by 4% each year until 100% vesting is reached after 20-years of service; and 3) The City Clerk and Mayor are hereby authorized to execute all documents necessary to effectuate the intent of this resolution. Whereupon said resolution was declared duly passed and adopted by the City Council of the City of Albertville on this 16th day of October 2023. ________________________________ Jillian Hendrickson, Mayor ATTEST: _________________________ Kristine A. Luedke, City Clerk Agenda Page 12 Agenda Page 13 Agenda Page 14 Mayor and Council Request for Action October 16, 2023 SUBJECT: CONSENT – ADMINISTRATION – THE PRESERVE AT ALBERTVILLE – LETTER OF CREDIT RELEASE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approval of the following motion: MOTION TO: Release Letter of Credit No. 1053431344, held as security for The Preserve at Albertville, conditioned on any outstanding balances owed to the City being paid in full. BACKGROUND: The Developer has requested a full release of the Letter of Credit held for The Preserve At Albertville. The Letter of Credit is held as performance and warranty security for the site improvements and is currently in the amount of $123,335. Assuming the developer is current with all fees owed to the City and based on work completed to date, it is recommended that Letter of Credit No.1053431344 be released. KEY ISSUES: • The required infrastructure improvements have surpassed the two-year warranty period and there are no know issues. • The release is consistent with the terms of the development agreement POLICY CONSIDERATIONS: It is City policy to have all Letter of Credit reductions and releases approved by the City Council FINANCIAL CONSIDERATIONS: There are no financial implications for this request. LEGAL CONSIDERATIONS: The City has the legal authority under the development agreement to reduce or release the Letter of Credit upon completion of the required improvements or deny requests for reduction if the required improvements are found unacceptable. Submitted Through: Adam Nafstad, City Administrator-PWD On File: • LOC Reduction History Agenda Page 15 Mayor and Council Request for Action _____________________________________________________________________________ October 16, 2023 SUBJECT: FINANCE – ROOF REPAIRS ON CITY BUILDINGS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Authorize the roof repairs for City Hall, Fire Hall, Public Works and FYCC buildings not to exceed $27,290 by B&B Sheet Metal and Roofing. BACKGROUND INFORMATION: The City recently had roofing contractor, B&B Sheet Metal, review and evaluate needed repairs and life expectancy of the roofs on various city buildings. B&B’s reports recommend the following: The Albertville City Hall was constructed in 2007. The estimate for repairs for 5959 Main Ave NE is $9,430.00 and would extend the life of the roof and move the full roof replacement to 2028. The Albertville Public Works Facility was constructed in 2004. The estimate for repairs for 11822 63rd Str NE is $10,535.00 and would extend the life of the roof and move the full roof replacement to 2028. The Albertville Fire Hall was constructed in 1999. The estimate for repairs for 11350 57th Str NE is $3,635.00 and would extend the life of the roof and move the full roof replacement to 2026. The FYCC Building (Albertville Old City Hall) was constructed in 1982 and re-roofed in 1998. The estimate for repairs for 5975 Main Ave NE is $3,690.00. and would extend the life of the roof and move the full roof replacement to 2026. KEY ISSUES: • Make the emergency repairs to the City buildings to extend the life and allow time to budget the remaining funds needed for each facility roof replacements from 2026-2028. • The City has the funds to pay for the emergency roof repairs in the capital fund. • The City budgets annually for roof replacement in capital for City buildings. POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all capital purchases and repairs. FINANCIAL CONSIDERATIONS: The emergency roof repairs will be funded through capital fund. LEGAL CONSIDERATIONS: The City has the authority to purchase equipment under the State of Minnesota contract or by quotes. Agenda Page 16 Mayor and Council Request for Action – October 16, 2023 Finance – City Buildings Roof Repairs Page 2 of 2 Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attached: • Tabulated Summary of B&B recommendations Supplemental Information: • 2023 roof reports on file Agenda Page 17 Building Address Section Overall Grade Emergency Estimate Replacement Estimate Estimated Replacement FYCC 5975 Main Ave NE Section 1 D 3,100.00$ 31,780.00$ 2026 2-4 Years of Service Life Remaining FYCC 5975 Main Ave NE Section 2 D 590.00$ 3,500.00$ 2026 2-4 Years of Service Life Remaining 3,690.00$ 35,280.00$ WWTP 11728 63rd St NE Section 1 D 1,530.00$ 29,712.00$ 2026 2-4 Years of Service Life Remaining 1,530.00$ 29,712.00$ City Hall 5959 Main Ave NE Section 1 C 3,825.00$ 41,412.00$ 2028 5-7 Years of Service Life Remaining Section 2 C 1,510.00$ 25,944.00$ 2028 5-7 Years of Service Life Remaining Section 3 C 1,270.00$ 12,624.00$ 2028 5-7 Years of Service Life Remaining Section 4 C 2,105.00$ 1,812.00$ 2028 5-7 Years of Service Life Remaining Section 5 C 415.00$ 36,828.00$ 2028 5-7 Years of Service Life Remaining Section 6 C 305.00$ 4,428.00$ 2028 5-7 Years of Service Life Remaining 9,430.00$ 123,048.00$ Public Works 11822 63rd St NE Section 1 C 8,775.00$ 169,611.00$ 2028 5-7 Years of Service Life Remaining Section 2 C 360.00$ 6,500.00$ 2028 5-7 Years of Service Life Remaining Section 3 C 360.00$ 34,728.00$ 2028 5-7 Years of Service Life Remaining Section 4 C 1,040.00$ 15,850.00$ 2028 5-7 Years of Service Life Remaining 10,535.00$ 226,689.00$ Fire Department 11350 57th St NE Section 1 D 3,635.00$ 96,512.00$ 2-4 Years of Service Life Remaining 3,635.00$ 96,512.00$ 28,820.00$ 511,241.00$ Grand Total 2023 Roof Condition Summary Agenda Page 18 Mayor and Council Request for Action _____________________________________________________________________________ October 16, 2023 SUBJECT: FIRE DEPARTMENT – CAPITAL APPARATUS PURCHASE CONTRACT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Authorize the City of Albertville to enter into a Purchase Contract with Midwest Fire for one All-Poly Series 2000 Gallon Tender and one Freightliner M2-106 Chassis. BACKGROUND: The Albertville Fire Department (AFD) began reviewing the Fire Department Capital Improvement Plan (CIP) at the beginning of 2018, in preparation for an already planned, and budgeted, purchase of a Fire Pumper in 2019. As part of the 2018 review, and subsequent 2019 purchase of both a Fire Aerial and Fire Pumper, one of the resulting decisions was to remove the 1995 Tender 11 from the Fire Department CIP. The reasoning behind the decision included creating room in the budget to fund the CIP shortfall for the two trucks, the under-budgeted value of the replacement Tender, and the future uncertainty and timing of the Fire Protection Agreement with the City of Otsego. The City of Otsego recently hired an Emergency Services Director and has directed the formation of a Fire Department with a proposed operational date of January 1, 2027. It is AFD’s understanding that this date will not be moved up, but potentially moved back as the plans and development of the new Fire Department take shape. A large portion of the coverage area of the City of Otsego, that is covered by the AFD, is non- hydranted, and the AFD relies on a Tender for immediate water supply, and AFD Standard Operating Guidelines require that Tender 11 respond as the second truck out in these areas. Tender 11 also responds to calls in the Greenhaven neighborhood of Albertville, all motor vehicle crashes, all grass fires, and mutual aid calls to other Cities that need Tender water supply. The current Tender 11 was purchased in 1995, is now 28-years old, and was purchased with a 25-year life span in mind. The truck has been showing expedited signs of wear and tear over the past few years, to the point that it is operationally insufficient to the needs of the AFD. In discussions with City Staff and the Fire Department Board of Officers, the AFD believes that the current Tender 11 is not in a position to be a reliable apparatus thru the end of 2026. Tender 11 is a critical piece of equipment in the AFD’s ability to fulfil our Fire Protection Agreement obligations to the City of Otsego. With current supply chain lead times, a new order Tender would take anywhere from 19 to 24- months for production and delivery from the date of contact signing. On Monday, September, 2023, the Fire Department provided a Fire Department Capital Plan Apparatus Update to the City Council, detailing the above issues, and letting the City Council Agenda Page 19 Mayor and Council Request for Action – October 16, 2023 Fire – Capital Apparatus Purchase Contract Page 2 of 3 know that the Fire Department had missed an opportunity to purchase a Stock Tender that was in-line for production, and would have been available in February 2024. The Fire Department was intending on bringing forward a Purchase Contract to the September 5, 2023 City Council meeting, but was notified that another Fire Department had entered into Purchase Contract on August 30, 2023. On October 2, Midwest Fire notified the Fire Department that two more Stock Tenders were planned for production, with delivery in August 2024 and January 2025, respectively. The purchase price, for the Stock Tender, as laid out in the Purchase Contract is $344,849. There may be minor pricing changes related to small change orders, as allowed in the Purchase Contract. Midwest Fire will require: • A $10,000 deposit to be paid within 10-business days upon acceptance of this Proposal by the Customer. • The balance of the value of the chassis, less the deposit, $88,546, to be paid within 10- business days of Midwest Fire receiving formal notification that chassis is complete from the OEM. • Customer is responsible to pay the remaining balance, $246,303, in-full upon acceptance of apparatus. Pricing for the Stock Tender was verified, and is comparable to pricing for a cloned, custom order tender, received through Sourcewell, which is a Cooperative purchasing vendor and offers an expedited procurement process which eliminates the need for preparing detailed specifications and satisfying all other requirements for competitive bids and proposals. Purchasing the stock truck would allow delivery in August of 2024, versus a build time of 19 to 24 months for the custom order tender. The Fire Department Board of Officers and City Council Fire Advisory Committee have both met and recommend moving forward with the purchase of the Stock Tender from Midwest Fire. The AFD is recommending approval to authorize the City of Albertville to enter into a Purchase Contract with Midwest Fire for one All-Poly Series 2000 Gallon Tender and one Freightliner M2-106 Chassis. KEY ISSUES: • The Fire Department is constantly reviewing the CIP to make sure the financial needs of the City and equipment needs of the Fire Department are met. • The Fire Department provides service to the City of Otsego through a Fire Protection Agreement. • The City of Otsego is currently in the planning stages of their own Fire Department, with a proposed operational date of January 1, 2027. • The Fire Department Tender 11 is a critical piece of equipment in fulfilling our obligations to the City of Otsego. • The current Tender 11 is 28-years old and is showing expedited signs of operational deficiencies. Agenda Page 20 Mayor and Council Request for Action – October 16, 2023 Fire – Capital Apparatus Purchase Contract Page 3 of 3 • The Fire Department believes that the current Tender 11 is not in a position to be a reliable apparatus to the end of 2026. • Midwest Fire has a Stock Tender in-line for production, and completion, by August 2024. • The Fire Department Board of Officers and City Council Fire Advisory Committee have both met and recommend moving forward with the purchase of the Stock Tender from Midwest Fire. • The capital purchase will be funded through the Fire Department Capital Fund. POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all capital purchases and investments. FINANCIAL CONSIDERATIONS: The purchase price, for the Stock Tender, as laid out in the Purchase Contract is $344,849. There may be minor pricing changes with small change orders, as allowed in the Purchase Contract. This will be a 2024 purchase and funded through the Fire Department Capital Fund. LEGAL CONSIDERATIONS: The City Attorney will review the Purchase Contract prior to its execution. The City has the authority to purchase equipment through a government procurement service such as the Sourcewell cooperative. Responsible Person: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD Attached: • Midwest Fire Purchase Contract • Full Spec Available on Request Agenda Page 21 PURCHASE CONTRACT October 6th, 2023 Albertville Fire Department 11350 57th St NE Albertville, MN 55301 Dear Customer: We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by: (“Customer”) and an officer of Midwest Fire Equipment & Repair Co. (“Midwest Fire”) the following apparatus and equipment: One (1) All-Poly 2000 Gallon Tanker-Pumper Stock Unit and One (1) Freightliner M2-106 Chassis All of which are to be built in accordance with the specifications, clarifications and exceptions attached, and which are made part of this agreement and contract, to be completed same in: 260 business days after receipt of truck chassis by Midwest Fire, subject to all causes beyond our control. All to be completed for the sum of (all amounts specified in U.S. Dollars): Apparatus Apparatus Proposal Price $ 246,303 Chassis Proposal Price Total Proposal Price:344,849.00$ $ 98,546 Apparatus & Chassis Proposal Price $ 344,849 Agenda Page 22 Customer is responsible for taking possession of the apparatus and/or equipment at the Midwest Fire location in Luverne, Minnesota, unless otherwise agreed to in a writing signed by Midwest Fire and Customer. Terms: A deposit in the amount of $10,000 shall be paid within 10 business days upon acceptance of this Proposal by the Customer. The balance of the value of the chassis less the deposit: $88,546 shall be paid within 10 business days of Midwest Fire receiving formal notification that chassis is complete from the OEM. Customer is responsible to pay the remaining balance in full upon acceptance of apparatus. Midwest Fire will honor the price & terms quoted in this purchase contract for a period of 30 days from the date noted above, or until this unit is sold, whichever comes first. Beyond the contract deadline date, all pricing and terms are subject to change. Pre-Construction Meeting: Within twenty-one calendar days after contract signing, Customer is responsible to join Midwest Fire for an in person, conference call or video based, Pre-Construction Meeting to review project specifications in depth. Midwest Fire will support the Pre-Construction meeting with the Lead Salesperson for the project, Project Manager, and Subject Matter Experts as required. Any changes made to the project during the Pre- Construction meeting will be calculated at standard pricing. No change order fee is charged. Change Orders: Any change to the apparatus and/or equipment after the contract is signed will require a change order. After the Pre-Construction meeting is held, any future change will be subject to a minimum change order fee of $500 (processing, engineering changes, documentation), plus the change order cost. Any returned parts may be subject to a restocking fee and depending on the lead time of items included on the change order, the completion date of the apparatus may change. Force Majeure: Neither party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this contract, for any failure or delay in fulfilling or performing any term of the contract (except for any obligation to make payments to the other party hereunder), when and to the extent such party’s failure or delay is caused by or results from the following events: (1) acts of God; (2) flood, fire, earthquake, tornado, or explosion; (3) war, invasion, hostilities, terrorist threats, or acts, riot, or other civil unrest; (4) government order, law, or action; (5) embargoes or blockades in effect on or after the date of this contract; (6) national or regional emergency; (7) strikes, labor stoppages or slowdowns, supply chain shortages or disruptions, unforeseen price changes and cancellations by OEMs, or other industrial or manufacturing disturbances; or (8) power outages or shortages, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials. The party impacted by any of the above force majeure conditions shall give notice to the other party within five calendar days of learning of such condition(s), stating the period of time the occurrence is expected to continue. The party impacted by any of the above force majeure conditions shall resume the performance of its obligations as soon as reasonably practicable after the removal of the condition. Taxes Responsibility of Customer: Agenda Page 23 Any and all sales, use, environmental, ad valorem, or excise tax or any other similar taxes, fees, duties, or charges of any kind imposed by any governmental authority on any amounts payable by Customer under this contract shall be the sole responsibility of Customer. No Liability for Consequential or Indirect Damages: Neither Midwest Fire nor its representatives is liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues, or diminution in value, arising out of or relating to any breach of this contract, regardless of whether such damages were foreseeable or whether or not Midwest Fire was advised of the possibility of such damages. Binding Effect: This contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, and beneficiaries. No amendment or modification of this contract is effective unless in writing and signed by each party. Governing Law: This contract shall be governed by the laws of the State of Minnesota. Entire Agreement: This contract, and any change orders, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Severability: If any term of this contract is invalid, illegal, or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect any other term or provision of this contract or invalidate or render unenforceable such term or provision in any other jurisdiction. Jurisdiction and Venue: Any claims, causes of action, disputes, legal proceedings, or litigation arising between the parties arising under or in connection with this contract or the formation thereof shall be brought solely in Rock County, Minnesota. Customer, by entering into this contract, hereby submits and consents to jurisdiction in the State of Minnesota. Exclusion of Warranties: EXCEPT AS OTHERWISE PROVIDED TO CUSTOMER IN WRITING, THERE ARE NO OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS CONTRACT, AND CUSTOMER ACCEPTS APPARATUS AND/OR EQUIPMENT “AS IS.” Agenda Page 24 Respectfully submitted, Sarah J. Atchison President & CEO Midwest Fire Equipment & Repair Company We, the Customer, agree to accept the above proposal and hereby enter into the purchase contract with signature below: Customer/Business Name (please print) Business Address __________________________________________ Printed Name __________________________________________ Signature Date __________________________________________ Title Agenda Page 25 NOTICE FINAL SPECIFICATIONS: Attached you will find the final & comprehensive specifications for your truck. Read them carefully. This document serves as formal notice that the attached specifications provide the entire scope of work & design for the truck that Midwest Fire Equipment & Repair Company (Midwest Fire) is manufacturing for you. Any & all equipment, features, accessories, mounts, graphics, etc. to be included with your truck is/are detailed in this final specification document. CHANGE ORDERS: The attached specifications are final & comprehensive. The project design for this truck is officially frozen (Design Freeze) as of this date. Any future changes must be mutually agreed upon through an official written Midwest Fire Change Order, executed (signed) by both Midwest Fire & the purchaser. Further, the purchaser understands that any future design changes may impact both project cost and timeline. Purchaser will hold Midwest Fire harmless from any potential liability incurred as a result of project delays resulting from any Change Orders. FINAL PAYMENT, TRANSFER OF OWNERSHIP & TRAINING: The Purchase Contract states clearly that: 1) at the conclusion of your project & prior to taking possession, you will pay the balance remaining on the purchase price of your truck, in full. 2) you will take physical possession of the truck & receive any & all training on the operation of your truck at the Midwest Fire facility in Luverne, Minnesota. I hereby acknowledge that I have received & fully understand the above information. ___________________________ _____________________ Purchaser Date IF THE EQUIPMENT/ITEM/FEATURE IS NOT DETAILED IN THE SPECIFICATIONS FOR YOUR TRUCK AND YOU DO NOT HAVE A CHANGE ORDER, SIGNED BY BOTH YOU & MIDWEST FIRE, DETAILING THE CHANGE/ADD OF THE EQUIPMENT/ITEM/FEATURE FOR YOUR TRUCK, IT WILL NOT BE INCLUDED ON YOUR TRUCK. Agenda Page 26 City Administrator’s Update October 12, 2023 GENERAL ADMINISTRATION Predicted Levy Impact: At the November 6, 2023, Council meeting, Staff will present a spreadsheet reflecting the estimated impact of the Tax Levy with the proposed increase in house values. Joint Governance Meeting: The next Joint Governance meeting is scheduled for October 30, 2023, at 6 pm at STMA Middle School West in the media center. Wright County Law Enforcement Contract: The Wright County Law Enforcement contract was tabled at the last meeting and staff will bring the item back to the November 6, 2023, Council meeting for Council discussion. Liquor Compliance Checks: The alcohol compliance checks were conducted by Wright County at all of the City’s liquor license establishments. I am happy to report all of the establishments passed the compliance checks. Parks Committee Vacancy: The Parks Committee has received two letters of interest for the vacancy. The Committee has invited both interested parties to attend the October 23 Parks Committee meeting to interview with the Committee members. 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. ENGINEERING/PUBLIC WORKS Long Haul: The Long Haul development plans for the property adjacent to Niemeyer Trailer Sales will be presented to the Council at the first meeting in November. The Planning Commission conducted a public hearing for the project on Tuesday, October 10, 2023. Kingston Crossing: The townhomes and apartment building #1 are scheduled to received occupancy by November 1st and the apartment building #2 is slated to be complete in early 2024. Karmen Avenue NE: The portion of Karmen Ave NE constructed as part of the AVA project needs warranty repair. AVA’s contractor does not agree with the City’s required corrections and staff will be working with AVA to address the issues. Agenda Page 27 City Administrator’s Update Page 2 of 2 October 12, 2023 53rd Street and CSAH 19 Signal: Work at the intersection will begin on Monday. Wiring, footings for the poles, and flat will be completed this fall. The Contractor is waiting on electrical equipment and signal heads and once received will set the poles. We anticipate setting the poles in mid-December. WWTF Improvements: The precast walls are standing and the Contractor is working on the roof, interior walls, and floors. The Contractor is working to have the building fully enclosed by winter. 50th Street Retaining Walls: We are working with the County to amend the cost participation agreement. Additionally, we are working on more feasible options for fencing along the top of the wall. 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. 2024 Street and Trail Improvements: Staff is working is working to identified street and trail segments to be included in the 2024 overlay project. Agenda Page 28