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2024-11-18 City Council Agenda Packet - Amended City of Albertville Council Agenda Monday, November 18, 2024 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 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 21, 2024, regular City Council Meeting minutes as presented. 3-6 B. Approve the November 12, 2024, special City Council Meeting minutes as presented. 7 C. Authorize the Monday, November 18, 2024, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. 8 D. Approve the Wright County Assessment Services Agreement for years 2026 through 2027. 9-14 7. Public Hearing A. Public Hearing - AVA 3rd Addition Preliminary and Final Plat and Zoning Map Amendment 15-22 • Mayor to open the public hearing • Motion to close the public hearing (Motion to adopt Resolution No. 2024-35 approving the preliminary and final plat entitled AVA Third Addition and Ordinance No. 2024-07 a zoning map amendment changing the zoning on parcel at 6748 Kadler Avenue NE from I-1 Limited Industrial district to I-2 General Industrial district.) 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, November 18, 2024 Page 2 of 2 D. Finance 1. Approve 2024 Certification of Uncollected Utility Bills and Invoices 23-28 (Motion to adopt Resolution No. 2024-36 certifying the 2024 Uncollected Utility Bills and invoice to Wright County for Collection with Real Estate Taxes.) 2. Approve Driveway Improvement Assessments 29-31 (Motion to adopt Resolution No. 2024-37 adopting Driveway Improvement Assessments.) 3. Approve Sanitary Sewer and Municipal Water Charges for SBP Labeaux LLC 32-36 (Motion to adopt Resolution No. 2024-38 adopting Assessment for Sanity Sewer and Municipal Water Charges for SBP Labeaux LLC.) 4. 2025 Enterprise Budgets and Rate Information Discussion 5. Approve Recycling Fund Rates 37-38 (Motion to adopt Resolution No. 2024-39 setting the Recycling Fees for the January 2025 through May 2026 period.) E. Fire – None F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal – None I. Administration 1. Approve Planning Service Contract with Bolton & Menk 39-51 (Motion to adopt Resolution No. 2024-40 approve a professional services agreement with Bolton & Menk for Planning Consultant Services.) * 2. City/STMA School District Exchange (Motion to approve transfer of a City Vehicle with an approximate value of $1,500 to STMA School District in exchange for STMA School Staff proving terrazzo floor restoration at City Hall.) 3. City Administrator’s Update 52-53 10. Announcements and/or Upcoming Meetings November 25 Joint Powers Water Board, 6 pm Parks Committee, 7 pm November 28 City Offices closed in observance of Thanksgiving December 2 Truth-in-Taxation Hearing, 6:15 pm December 2 City Council, 7 pm December 9 STMA Arena Board, 6 pm December 10 Planning Commission, 7 pm December 16 City Council, 7 pm 11. Adjournment *Item added at the City Council Meeting ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES October 21, 2024 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7 pm. 2. Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hayden, Olson, and Zagorski. Staff Present: City Administrator Nafstad, City Planner Brixius, Fire Chief Bullen, City Attorney Couri, Finance Director Lannes, and City Clerk Luedke. 3. Recognitions – Presentations – Introductions Wright County Commissioner Holland provided information on Wright County’s tax levy for 2025 and details on the proposed cannabis ordinance that Wright County has been preparing. She answered questions from the Council. 4. Public Forum Mr. Alex Purinton, 11262 Linden Way NE, Albertville, said he lives in the Towne Lakes development and would like to address the Council regarding the one-sided parking signs. He reported the newer section of the development does not have the no parking signs on one side of the street, so he requested the City to consider adding the no parking signs on one side of the street due to how narrow the streets are when cars are parked on both sides of the street. He presented a draft solution of adding them to the newer development area. City Administrator Nafstad reported the no parking signs were part of an outstanding punch list for the development. He added the City has been working with the developer on the signage requirement and said before the letter of credit was released the signage would be completed. The Council thanked Mr. Purinton for attending the meeting and providing a possible solution to the issue. 5. Amendments to the Agenda City Administrator Nafstad proposed moving the Fire Protection agreement discussion to follow the Consent agenda due to the number of people in attendance interested in the item. City Attorney Couri reported item number 7 was no longer a public hearing because the hearing was held at the October 7 Council meeting, but the decision was delayed to the October 21 Council meeting to give the property owner additional time to address the Council. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the October 21, 2024, agenda as amended. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of October 21, 2024 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 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 7, 2024, regular City Council Meeting minutes as presented. B. Authorize the Monday, October 21, 2024, 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. Reduce Letter of Credit No. SB51208, held as security for Medart, Inc., to no less than $68,628, conditioned on any outstanding balances owed to the City being paid in full. D. 3rd Quarter Budget to Actual Report. Approve Payment Application No. 18 to Gridor Construction in the amount of $142,920 for the Wastewater System Improvements. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the October 21, 2024, consent agenda as submitted. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 7. Public Hearing A. Special Assessment of Cleanup costs to Maeyaert Property – Tabled from the October 7, 2024, Council Meeting Mr. Steven Maeyaert, St. Michael, said he appreciated the item being tabled at the last meeting so that he could get a better handle on the issue. He reported that the family has a solution going forward. Mr. Maeyaert said they had signed a purchase agreement for 5 acres outside of the City of Albertville for his brother to move his business to. He said his brother felt trailer that was removed at the last cleanup had valuable items inside of it which his brother would like to have back. There was Council discussion regarding the court order for the cleanup of the property and the continuous nuisance issues that the property has had over the past many years. City Attorney Couri provided additional information on the court order and reported the contractor had already disposed of the items after holding them for 30 days per the court order. He added that this was the 4th time the City has had to come back and clean up the property and said the City had provided notice prior to each cleanup. City Administrator Nafstad provided additional information on the property cleanup and added the assessment was for services already provided. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to adopt Resolution No. 2024-32 adopting Special Assessments Roll related to the removal of Nuisances and Zoning Violation. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 8. Wright County Sheriff’s Office – Updates, reports, etc. The Wright County Deputy Cassidy provided an update on events happening within the City which included recent car break ins and Halloween safety tip. He answered questions from Council. Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of October 21, 2024 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Councilmember Cocking provided an update from the STMA Arena Board meeting which included further discussion regarding if the Arena should be closed on certain Holidays because the School District was closed on those day. 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. Amendment to Chapter 1000, Section 1000.22 Temporary Seasonal Sales City Planner Brixius presented the staff report which included background information on the proposed amendment and reported the change was mainly a cleanup of the current City Code. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to adopt Ordinance No. 2024-05 approving amendments to Chapter 1000, Section 1000.22 Temporary Sales. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 2. Amendment to Chapter 1000, Section 1000.04 Accessory Building, Uses and Equipment City Planner Brixius presented the staff report which included background information on the proposed amendment and reported the proposed changes were to clarify for property owners which accessary building were allowed. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt Ordinance No. 2024-06 approving amendments to Chapter 1000, Section 1000.4 Accessory Buildings, Uses, and Equipment and approve summary Ordinance for publication. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. G. Public Works/Engineering – None H. Legal – None I. Administration 1. Fire Protection Agreement with the City of Otsego City Administrator Nafstad presented the draft agreement which included background information on the Fire Protection agreement and said after the last meeting, Council directed Staff to prepare a letter and send it to the City of Otsego specifically to address future mutual aid which Staff had done. He added following the last meeting, Staff met to review the current Fire Contract and recommend edits knowing that the City of Otsego plans to have a standalone Fire Department Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of October 21, 2024 beginning January 1, 2027. Administrator Nafstad reviewed the proposed amendments to the current agreement and said included in the changes Staff was proposing the contract to be a year to year agreement rather than auto renewing with an option to enter into a new agreement at the end if both Cities agreed. Nafstad relayed that the current agreement requires a minimum of 1 year notice prior to December 31 of the contracted year. City Attorney Couri provided additional information on the proposed edits and added going to a year to year agreement would give the two Cities flexible to resolve any issues since at this time the Albertville does not know Otsego’s plans for their Fire Department. He answered questions from Council. Fire Chief Bullen answered questions from Council regarding the proposed change to the agreement incorporating, per State Statute, the City’s ability to collect the Fire State Aid and Supplemental Aid as the primary responder in the area. He said the City would continue to collect the aid for one-year after the agreement was terminated. He also provided additional information on what mutual aid means, as well as, other shared service options. The Chief noted under the proposed agreement, next year the Fire Department will need to draft two budgets, one with the City of Otsego included and one without. There was Council discussion regarding the proposed Fire Protection agreement amendments, the proposed terms of the agreement, and the need to keep communication open between the two Cities. There was a recommendation to change the wording on item 9 from “If” to “Should” and taking out the word “do”. MOTION made by Councilmember Cocking, seconded by Councilmember Hayden approve the revised agreement entitled “Fire Protection Agreement with the City of Otsego” an amended. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. 2. City Administrator’s Update City Administrator Nafstad presented the City Administrator’s Update. Announcements and/or Upcoming Meetings October 28 Joint Powers Water Board, 6 pm Parks Committee, 7 pm November 4 City Council, 7 pm November 5 General Election Day, 7 am to 8 pm November 11 City Offices closed in observance of Veterans Day November 12 Special City Council Meeting to Canvass Election Results, 5:45 pm November 12 STMA Arena Board, 6 pm November 12 Planning Commission, 7 pm 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hayden to adjourn the meeting at 8:11 pm. Ayes: Cocking, Hayden, Hendrickson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 6 ALBERTVILLE CANVASSING BOARD DRAFT MINUTES November 12, 2024 – 5:45 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 6:45 pm Present: Mayor Hendrickson, Councilmember Hayden, Olson, and Zagorski Absent: Councilmember Cocking Staff Present: City Clerk Luedke 2. Canvass Election Results City Clerk Luedke presented the election results for the November 5, 2024, General Election. MOTION made by Councilmember Zagorski, seconded by Councilmember Olson to adopt Resolution No. 2024-34 certifying the results of the November 5, 2024, General Election as listed below: Mayor Jillian Hendrickson 2391 Votes 2-yr term expiring December 31, 2026 Councilmember Aaron Cocking 2202 Votes 4-yr term expiring December 31, 2028 Councilmember John Hayden 2315 Votes 4-yr term expiring December 31, 2028 Ayes: Hayden, Hendrickson, Olson, and Zagorski. Nays: None. Absent: Cocking. The motion carried. 3. Adjournment MOTION made by Councilmember Hayden, second by Councilmember Olson to adjourn the meeting at 5:53 pm. Ayes: Hayden, Hendrickson, Olson, Zagorski. Nays: None. Absent: Cocking. The motion carried. Respectfully submitted, ______________________________ Kristine A. Luedke, City Clerk Agenda Page 7 Mayor and Council Request for Action November 18, 2024 SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, November 18, 2024, 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 have reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • List of Claims (under separate cover) Agenda Page 8 Mayor and Council Request for Action November 18, 2024 SUBJECT: CONSENT – ADMINISTRATION – WRIGHT COUNTY ASSESSMENT SERVICES AGREEMENT FOR 2026 THROUGH 2027 RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Approve the Wright County Assessment Services Agreement for 2026 through 2027. BACKGROUND: The Wright County Assessor’s Office has been providing Albertville with assessment services dating back to the early 1990’s. Wright County provides experienced and licensed assessors and has provided consistency in the valuation of properties. A comparison of the current rates and the proposed new rates are below: Parcel Type 2024-2025 Costs 2026-2027 Costs Existing Parcel Assessment $15.00/parcel – 2024 $15.00/parcel – 2025 $15.00/parcel – 2026 $15.00/parcel – 2027 New Construction/Addition – Residential/Commercial/Industrial/ Apartment/Exempt under $499,999 $60.00/parcel $60.00/parcel New Construction/Addition – Residential/Commercial/Industrial/Apartment /Exempt over $500,000 $160.00/parcel $160.00/parcel The agreement will begin July 1, 2025 and will end June 30, 2027. KEY ISSUES: • Wright County Assessor’s Office has experienced and licensed assessors who specialize in both residential and commercial properties. • The County Assessor is able to provide consistent assessment values across multiple jurisdictions. • The 2026-2027 cost will remain the same as the cost of year 2025. POLICY CONSIDERATIONS: It is the City’s policy to evaluate and consider contracts on a case by case basis, seeking the best value for the City. FINANCIAL CONSIDERATIONS: The City budgets annually for these assessment services. Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • Wright County 2026-2027 Assessment Services Agreement Agenda Page 9 Agenda Page 10 Agenda Page 11 Agenda Page 12 Agenda Page 13 Agenda Page 14 Mayor and Council Request for Action November 18, 2024 SUBJECT: PUBLIC HEARING – AVA 3RD ADDITION PRELIMINARY AND FINAL PLAT AND ZONING MAP AMENDMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2024-35 approving the preliminary and final plat entitled AVA Third Addition and Ordinance No. 2024-07 a zoning map amendment changing the zoning on parcel at 6748 Kadler Avenue NE from I-1 Limited Industrial district to I-2 General Industrial district. BACKGROUND: On February 16, 2021, the Albertville City Council approved the final plat entitled AVA Addition to allow for the construction of Advanced Volumetric Alliance’s (AVA) 137,000+ square foot manufacturing plant upon an approximate 33-acre site located in the extreme northwest corner of Albertville. The AVA Addition isolated a 1.23-acre lot (6748 Kadler Avenue NE) along the south end of Kadler Avenue. At this time, AVA has purchased the lot and wishes it to combine it with the balance of the AVA property. To facilitate the lot combination the following applications have been requested. 1. Preliminary and final plat. To combine a platted property with metes and bounds property the subdivision must be processed as a preliminary and final plat. 2. Zoning Map Amendment: AVA is requesting to change the zoning on the newly acquired property from I-1 Limited Industrial District to I-2 General Industrial District to match the zoning of the larger AVA property. 3. Easement vacation. With the creation of the AVA Addition, the plat established property line drainage and utility easements. At this time, the applicant has not requested the easement vacation and will evaluate the need and time of the future vacation. KEY ISSUES: • The AVA Addition subdivision was approved in 2021 along with a zoning map amendment zoning the plat I-2 General to allow for the development of the AVA industrial building. • The adjoining property 6748 Kadler Avenue NE is zoned I-1 Limited Industrial district. The lot contains a single-family home, a detached accessory building and a billboard. The site is non-conforming in use and in lot size. As a condition of the plat approval, Staff recommends that existing house and accessory building will not be occupied, and the existing house and accessory building be removed from the site by June 30, 2025. • The preliminary and final plat and rezoning will eventually bring the combined site into full compliance with the City’s zoning code. • The change in zoning is consistent with the Albertville long range land use plan. Agenda Page 15 Mayor and Council Request for Action – November 18, 2024 Planning – AVA 3rd Addition Preliminary and Final Plat Page 2 of 2 • Kadler Avenue is an unimproved gravel boundary line road. This street is shared with Otsego and may need to be improved to an urban street standard in the future. Kadler may remain unimproved and continued to be used by AVA with the following conditions. 1. AVA shall be responsible for maintenance of gravel Kadler Avenue to city standards. 2. When Kadler Avenue is improved to an urban street standard, AVA shall be responsible for their share of the street improvement costs. POLICY/PRACTICES CONSIDERATIONS: Approval of the preliminary and final plat and changing the zoning from I-1 to I-1 will correct a legal non-conforming condition. The plat and zoning change are consistent with the City’s long range land use plan. FINANCIAL CONSIDERATIONS: The plat and zoning change will further promote industrial development, creation of local job opportunities and expanding the City’s industrial tax base. LEGAL CONSIDERATIONS: The plat and zoning change allow for the correction of a legal non-conforming condition. Responsible Person: Alan Brixius, City planning Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Preliminary and Final Plat Exhibits • Resolution No. 2024-35 • Ordinance No. 2024-07 Agenda Page 16 EXHIBIT A-1Agenda Page 17 Exhibit A-2Agenda Page 18 Exhibit B-1Agenda Page 19 Exhibit B-2Agenda Page 20 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2024-35 A RESOLUTION APPROVING A REQUEST FOR A PRELIMINARY AND FINAL PLAT ENTITLED AVA 3RD ADDITION WITHIN THE CITY OF ALBERTVILLE WHEREAS, Darkenwald Holdings has submitted application dated October 28, 2024, for a preliminary and final plat entitled AVA 3rd Addition; and WHEREAS, City Staff has reviewed submitted plans and prepared a request for Council action of November 5, 2024; and WHEREAS, the Albertville City Council met on November 18, 2024, to hold a public hearing and consider the Advanced Volumetric Alliance plat and zoning map amendment applications; and WHEREAS, upon considering the application materials, the November 5, 2024, request for Council action with City Staff recommendations, the City Council agrees with the findings and recommendation of City Staff. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota, hereby approves the AVA 3rd Addition preliminary and final plat, with the following conditions. Preliminary and Final Plat: The AVA ADDITION Final Plat dated January 11, 2021, is approved with the following conditions. 1. The existing house and accessory building will not be occupied. 2. The existing house and accessory building be removed from the site by June 30, 2025. 3. Kadler may remain unimproved and continued to be used by AVA with the following conditions. a. AVA shall be responsible for maintenance of gravel Kadler Avenue to city standards. b. When Kadler Avenue is improved to an urban street standard, AVA shall be responsible for their share of the street improvement costs. Adopted by the City Council of the City of Albertville this 18th day of November 2024. _____________________________ Jillian Hendrickson, Mayor ATTEST: _______________________ Kristine A. Luedke, City Clerk Agenda Page 21 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2024-07 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR PROPERTY LOCATED AT 6748 KADLER AVENUE NE IN THE CITY OF ALBERTVILLE The City Council of the City Of Albertville, Minnesota hereby ordains: Section 1. The Albertville Zoning Map shall be amended changing the zoning on the property legally describe as follows from I-1 Limited Industrial District to I-2 General Industrial District: Legal Description: Address: 6748 Kadler Avenue NE. Albertville. PID: 101-500-352-200 Section 2. This Amendment shall be in full force and effective immediately following its Passage, Publication and the Recording of the Final Plat. Adopted by the City Council of the City of Albertville this 18th day of November 2024. ___________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk Agenda Page 22 Mayor and Council Request for Action November 18, 2024 SUBJECT: FINANCE – 2024 CERTIFICATION OF UNCOLLECTED UTILITY BILLS AND INVOICES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2024-36 certifying the 2024 Uncollected Utility Bills and Invoices to Wright County for Collection with Real Estate Taxes. BACKGROUND: Annually the City sends notification to those residents, developers, or business owners who have outstanding utility bills or invoices. The notice informs customers that outstanding debt not been paid by November 18, 2024, will be certified to their property and collected with property taxes. POLICY CONSIDERATIONS: It is the City’s policy to review and authorize staff to certify uncollected utility bills and outstanding invoices to Wright County for collection with real estate taxes. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of Certification List, which would be updated as payments are received between now and November 26, 2024. Certifying the outstanding debt to the property taxes ensures collection. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to certify unpaid claims to property taxes pursuant to Minnesota State Law, which requires that utility bills and invoices are paid in a timely manner, generally within 60 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2024-36 Agenda Page 23 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2024-36 A RESOLUTION CERTIFYING UNCOLLECTED UTILITY BILLS AND INVOICES TO WRIGHT COUNTY FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, the City Council is desirous of collecting all charges for the use of the wastewater treatment facility, the storm water system, water department, and charges for services invoiced; and WHEREAS, the City Council has determined that some sewer, storm water, water accounts and charges invoiced remain uncollected and delinquent as shown on attached Exhibit A. NOW, THERFORE, BE IT RESOLVED the City Council of Albertville, Wright County, Minnesota, hereby directs the Finance Director to certify all uncollected invoices, sewer, storm water, recycling and water accounts that have not been paid to the City on Monday, November 18, 2024, to the Wright County Auditor for collection with real estate taxes. BE IT FURTHER RESOLVED, the City Council hereby orders that delinquent accounts certified to the tax rolls will be assessed a ten percent (10%) interest charge by the City upon certification and the total assessment will be collectible along with the 2025 taxes. Adopted by the City Council of the City of Albertville this 18th day of November 2024. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 24 City of Albertville Resolution No. 2024-36 Meeting of November 18, 2024 Page 2 Exhibit A 2024 LIST OF UNCOLLECTED UTILITY BILLS PID Property Balance Type Years Interest 101022003010 11646 54TH STREET NE $69.38 Water Bill 1 10% 101124001010 12205 60TH STREET NE $159.91 Water Bill 1 10% 101038002010 5940 LABEAUX AVENUE NE $568.74 Water Bill 1 10% 101070001070 10254 53RD STREET NE $221.77 Water Bill 1 10% 101071002010 5295 KAHL AVENUE NE $266.97 Water Bill 1 10% 101081004010 10435 KALI AVENUE NE $237.26 Water Bill 1 10% 101071006060 10537 51ST STREET NE $217.72 Water Bill 1 10% 101071003110 10293 52ND STREET NE $299.07 Water Bill 1 10% 101071006120 10589 50TH COURT NE $261.00 Water Bill 1 10% 101071005050 10634 51ST STREET NE $346.34 Water Bill 1 10% 101096003040 10625 48TH STREET NE $457.44 Water Bill 1 10% 101096006140 4916 KAMA LANE NE $284.45 Water Bill 1 10% 101096006150 4924 KAMA LANE NE $469.92 Water Bill 1 10% 101096007080 4985 KAMA LANE NE $213.13 Water Bill 1 10% 101029003180 5956 KALLAND CIRCLE NE $114.29 Water Bill 1 10% 101029004140 6102 KALLAND DRIVE NE $174.47 Water Bill 1 10% 101040006010 6171 KAHLER DRIVE NE $243.24 Water Bill 1 10% 101040001060 10582 62ND STREET NE $184.50 Water Bill 1 10% 101036002050 10635 62ND STREET NE $171.49 Water Bill 1 10% 101042002100 6278 KAHLER DRIVE NE $239.63 Water Bill 1 10% 101097005040 6223 KAITLIN AVENUE NE $776.92 Water Bill 1 10% 101097001010 10382 62ND STREET NE $474.50 Water Bill 1 10% 101097006050 6113 KARMEN AVENUE NE $191.46 Water Bill 1 10% 101048001050 10398 61ST STREET NE $207.27 Water Bill 1 10% 101058002060 10144 KARSTON AVENUE NE $123.98 Water Bill 1 10% 101069002580 6389 64TH LANE NE $177.12 Water Bill 1 10% 101087001070 10466 64TH LANE NE $393.75 Water Bill 1 10% 101087001370 10533 64TH LANE NE $189.40 Water Bill 1 10% 101069002210 6388 64TH WAY NE $235.48 Water Bill 1 10% 101069002280 10567 64TH WAY NE $227.42 Water Bill 1 10% 101069002320 10543 64TH WAY NE $944.84 Water Bill 1 10% 101069002370 10513 64TH WAY NE $142.88 Water Bill 1 10% Agenda Page 25 City of Albertville Resolution No. 2024-36 Meeting of November 18, 2024 Page 3 Exhibit A 2024 LIST OF UNCOLLECTED UTILITY BILLS PID Property Balance Type Years Interest 101069002460 10443 64TH WAY NE $178.83 Water Bill 1 10% 101073002020 6246 KARSTON DRIVE NE $188.77 Water Bill 1 10% 101073001100 6229 KARSTON DRIVE NE $134.01 Water Bill 1 10% 101073001050 6209 KARSTON DRIVE NE $631.67 Water Bill 1 10% 101073002100 6206 KARSTON DRIVE NE $760.99 Water Bill 1 10% 101062004030 10396 KARSTON AVENUE NE $155.78 Water Bill 1 10% 101054002030 10582 KARSTON AVENUE NE $575.42 Water Bill 1 10% 101051001020 5613 KAHLER DRIVE NE $224.97 Water Bill 1 10% 101055002090 10699 KARSTON AVENUE NE $327.82 Water Bill 1 10% 101045008200 10700 57TH STREET NE $233.75 Water Bill 1 10% 101050001080 5930 KALLAND AVENUE NE $189.85 Water Bill 1 10% 101050002020 5987 KALLAND AVENUE NE $321.37 Water Bill 1 10% 101103002240 5227 KALI COURT NE $207.23 Water Bill 1 10% 101103002260 5235 KALI COURT NE $276.17 Water Bill 1 10% 101152001430 11441 51ST CIRCLE NE $170.38 Water Bill 1 10% 101066001040 5664 LACHMAN AVENUE NE $216.66 Water Bill 1 10% 101022007080 11810 LARABEE CIRCLE NE $233.26 Water Bill 1 10% 101026001020 5265 LANNON AVENUE NE $114.43 Water Bill 1 10% 101022003081 11806 54TH STREET NE $116.27 Water Bill 1 10% 101022005021 11651 54TH STREET NE $236.16 Water Bill 1 10% 101022003010 11646 54TH STREET NE $217.10 Water Bill 1 10% 101022004060 5438 54TH CIRCLE NE $308.86 Water Bill 1 10% 101015002040 5563 MAIN AVENUE NE $355.43 Water Bill 1 10% 101500011305 5692 MAIN AVENUE NE $426.69 Water Bill 1 10% 101013001080 11564 57TH STREET NE $1,119.28 Water Bill 1 10% 101500011202 5836 LARGE AVENUE NE $294.67 Water Bill 1 10% 101500011404 5720 BARTHEL INDUSTRIAL DRIVE NE $337.37 Water Bill 1 10% 101093005050 6799 LILAC GREEN NE $511.22 Water Bill 1 10% 101-093-006040 6756 LAKEVIEW CIRCLE NE $489.78 Water Bill 1 10% 101093001010 11389 WEST LAKETOWNE DRIVE NE $234.31 Water Bill 1 10% 101101001130 6583 LINWOOD DRIVE NE $241.88 Water Bill 1 10% 101101002020 6644 LINWOOD DRIVE NE $231.40 Water Bill 1 10% Agenda Page 26 City of Albertville Resolution No. 2024-36 Meeting of November 18, 2024 Page 4 Exhibit A 2024 LIST OF UNCOLLECTED UTILITY BILLS PID Property Balance Type Years Interest 101102005130 6775 LAKEWOOD DRIVE NE $505.38 Water Bill 1 10% 101102005060 11241 68TH STREET NE $467.76 Water Bill 1 10% 101102004030 11199 69TH STREET NE $242.14 Water Bill 1 10% 101102001010 11222 69TH STREET NE $128.73 Water Bill 1 10% 101102004060 11235 69TH STREET NE $328.33 Water Bill 1 10% 101102004120 6859 LAKEWOOD DRIVE NE $189.69 Water Bill 1 10% 101102003030 6883 LAKEWOOD DRIVE NE $176.32 Water Bill 1 10% 101113001010 6999 LINWOOD DRIVE NE $321.84 Water Bill 1 10% 101110002110 6989 LYDIA CIRCLE NE $286.23 Water Bill 1 10% 101099001020 6589 LAKETOWNE PLACE NE $409.46 Water Bill 1 10% 101079002150 5453 KALLAND AVENUE NE $799.81 Water Bill 1 10% 101079001080 5479 KALI AVENUE NE $227.94 Water Bill 1 10% 101079002070 5414 KALI AVENUE NE $183.01 Water Bill 1 10% 101051005020 10847 KANTAR COURT NE $229.57 Water Bill 1 10% 101051005010 10831 KANTAR COURT NE $224.16 Water Bill 1 10% 101061002060 5588 KALLAND AVENUE NE $163.46 Water Bill 1 10% 101153001010 5401 KINGSTON LANE NE # 3 $189.42 Water Bill 1 10% Agenda Page 27 City of Albertville Resolution No. 2024-36 Meeting of November 18, 2024 Page 5 Exhibit A 2024 LIST OF UNCOLLECTED INVOICES PID Name Property Address Amount Years Interest 101-500-011212 DGA Corporate DBA: El Bamba 5986 Main Ave NE $1,008.35 1 10% 101-084-001080 Regan Englund 10493 Jason Lane NE $772.66 1 10% 101-062-006010 Regan Englund 10441 Karston Ave NE $772.66 1 10% 101-146-005050 HS Ventures LLC 11501 Lakewood Ct NE $268.44 1 10% 101-092-002010 TC Assets LLC Empty Lot by Coborns $268.44 1 10% Agenda Page 28 Mayor and Council Request for Action November 18, 2024 SUBJECT: FINANCE – DRIVEWAY IMPROVEMENT ASSESSMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2024-37 adopting Driveway Improvement Assessments. BACKGROUND: The City of Albertville created a program for property owners within the City to finance replacement or improvement of the property owner’s driveway under the property owners expense using the special funds set aside and assess the repayment of the loan from the City to the property address. The terms of the special assessment option offered to the homeowners was that the special assessment will be payable over five (5) years with a 5% interest rate. The first installment will be payable with the 2025 taxes payable. KEY ISSUES: • The City has the statutory right to special assess improvements FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of the certification list. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2024-37 Agenda Page 29 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2024-37 A RESOLUTION APPROVING DRIVEWAY IMPROVEMENTS SPECIAL ASSESSMENT WHEREAS, the City’s pursuant to its economic development authority has created a program for property owners with the City to apply to the City for financing to replace and/or improve the property owner’s driveway at property owner’s expense; and WHEREAS, the City allowed an option to assess the cost of driveway improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Wright County, Minnesota: 1. The Special Assessments levied upon the properties identified on the Assessment Roll attached to the November 12, 2024, Special Assessment Resolution shall be modified as follows: A. The interest rate on such outstanding special assessments shall be 5%, effective January 1, 2025. B. The assessment term shall be five (5) years. Adopted by the City Council of the City of Albertville this 18th day of November, 2024. ________________________________ Jillian Hendrickson, Mayor ATTEST: ____________________________ Kristine A. Luedke, City Clerk Agenda Page 30 City of Albertville Resolution No. 2024-37 Meeting of November 18, 2024 Page 2 Exhibit A 2024 LIST OF DRIVEWAY IMPROVEMENTS PID Name Property Address Amount Years Interest 101-083-004040 Paul & Hillary Gonsior 6508 W Laketowne Drive $ 14,886.00 5 5% 101-016-003010 Tyren Schmidt 11420 54th Street NE $ 10,900.00 5 5% 101-083-007020 Aaron & Kristie Cocking 11614 Laketowne View NE $ 5,950.00 5 5% Agenda Page 31 Mayor and Council Request for Action November 18, 2024 SUBJECT: FINANCE – APPROVE SANITARY SEWER AND MUNICIPAL WATER CHARGES WITH SBP LABEAUX LLC RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2024-38 adopting Assessment for Sanity Sewer and Municipal Water Charges for SBP Labeaux LLC. BACKGROUND: The City requires payment of sewer access changes (SAC) and water access charge (WAC) at the time building permits are applied for. Mr. Kevin Anderson, owner of SBP LaBeaux LLC has applied for a building permit for the property located at 6737 LaBeaux Avenue NE in Albertville to connect the building to municipal sanitary sewer and remodel the tenant space into a fitness facility. Mr. Anderson has requested that the City special assess the SAC and WAC charge that are due as of a result of the building permit application. The terms of the special assessment option offered to the property was that the special assessment will be payable over five (5) years with a 6% interest rate. The first installment will be payable with the 2025 taxes payable, and the owner waives their right to appeal the special assessment. KEY ISSUES: •The City requires payment of SAC and WAC charges at the time a building permit is applied for. •Mr. Anderson, owner of SBP LaBeaux LLC, has applied for a building permit at 6737 LaBeaux Avenue NE to connect the building to municipal sanitary sewer to remodel the space for a fitness center. •Mr. Anderson has requested the City special assess the charges of $30,669.34 to his property and has agreed to the terms within the attached Assessment Agreement. POLICY/PRACTICES CONSIDERATIONS: The City has the statutory right to special assess improvements. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of the special assessment. LEGAL CONSIDERATIONS: The City Council has the ability to enter into assessment agreement on behalf of the City of Albertville. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: •Resolution No. 2024-38 •Assessment Agreement for SAC and WAC Charges with SBP LaBeaux LLC Agenda Page 32 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2024-38 RESOLUTION ADOPTING ASSESSMENT FOR SANITARY SEWER AND MUNICIPAL WATER CHARGES FOR SBP LABEAUX LLC WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City Council has met and heard and passed upon all objections to the proposed assessment of costs related to the sewer and water access charges applicable to 101-094-001010, 6737 LaBeaux Avenue NE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The assessment levied by this resolution shall be payable in equal annual principal installments extending over a period of five years, the first of the installments to be payable on or before the first Monday of January, 2025, and shall bear interest at a rate of 6% per annum from the date of this resolution until December 31, 2029. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and they may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other taxes. Adopted by the City Council of the City of Albertville this 18th day of November 2024. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 33 City of Albertville Resolution No. 2024-38 Meeting of November 18, 2024 Page 2 ASSESSMENT ROLL The assessments levied upon the properties described below shall be as follows: PID No. Property Description Assessment Amount 101-094-001010 6737 LaBeaux Avenue NE $30,669.34 Agenda Page 34 ASSESSMENT AGREEMENT SAC AND WAC CHARGES BETWEEN SBP LABEAUX LLC AND CITY OF ALBERTVILLE WHEREAS, the City of Albertville ("City") requires payment of sewer access charges ("SAC") and water access charges ("WAC") at the time building permits are applied for; and WHEREAS, Kevin Anderson, owner of SBP LaBeaux LLC ("Owner") has applied for a building permit for the property at 6737 LaBeaux Avenue NE with Parcel ID 101094001010, located in the City of Albertville, County of Wright, Minnesota ("Property") to connect the building to municipal sanitary sewer and remodel tenant space into a fitness facility; and WHEREAS, Owner has requested that the City special assess the SAC and WAC charges that are due as a result of the application for a building permit for the Property; NOW, THEREFORE, the City and Owner agree as follows: 1. The applicable SAC and WAC fees for the building modifications are $21,270.35 and $9,398.99, respectively. 2. The City shall special assess the SAC the WAC totaling $30,669.34 against the Property over a 5-year period at an interest rate of 6%. 3. Owner shall promptly pay said special assessments as they come due with the property taxes. 4. The City shall pay Joint Power’s Water its portion of the WAC charges, totaling $6,660.00, when the building permit is issued. 5. Owner waives its right to a public hearing pursuant to Minn. Stat. §429.061 and hereby directs the City Council to certify the special assessment to the County Auditor. 6. Owner waives its right to appeal said special assessment to the District Court pursuant to Minn. Stat.§ 429.081 or pursuant to any other legal authority or legal theory and waives any procedural irregularities in the assessment process. 7. Owner shall pay the City's costs and expenses (including attorney' s fees) in the event it violates this agreement. Agenda Page 35 OWNER By:_______________________________ Its:_______________________________ Dated:________________________ CITY OF ALBERTVILLE By:______________________________ Jillian Hendrickson Its: Mayor By:_______________________________ Kris Luedke Its: City Clerk Dated:____________________________ Agenda Page 36 Mayor and Council Request for Action November 18, 2024 SUBJECT: FINANCE – APPROVE RECYCLING FUND RATES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2024-39 setting the Recycling Fees for the January 2025 through May 2026 period. BACKGROUND: Council approved the new recycling contract with Republic Services in 2021 and set the monthly charge for the utility bill through May 2026. The City was receiving $10,000 in County grant monies for recycling. The County has discontinued this grant starting in 2025. The City Council set the recycling charges back in March of 2021 for June 2021 through May 2026 with the understanding the City would receive $10,000 annually in grant funds. Due to the loss of grant funds, staff is recommending increasing the rates for the rest of the contract by $.35 to cover the loss of $10,000. PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review and set rates for services. FINANCIAL CONSIDERATIONS: The recycling rate will increase from $4.81 to $5.16 ($.35) per month on the residential utility bill starting January 1, 2025 and additional increases will occur June 2025 through May 2026 to $5.30. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and adjust rates of for services and to utilize reserve funds to offset fees. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: •Resolution No. 2024-39 Agenda Page 37 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2024-39 A RESOLUTION SETTING THE RECYCLING FEES FOR JANUARY 2025 THROUGH MAY 2026 PERIOD WHEREAS: the City of Albertville’s contract for recycling services will end in May 2026; and WHEREAS: the City Council entered into a renewal contract for recycling services with Republic Services for June 2021 through May 31, 2026; and WHEREAS: the City Council has authorized the use of the recycling fund to buy down increased recycling fees with the new contract; and WHEREAS: the annual monthly rates for recycling services shall be set as follows: January 2025 – May 2025 $5.16 June 2025 – May 2026 $5.30 NOW, THERFORE, BE IT RESOLVED the City Council of the City of Albertville hereby sets the recycling fees as listed above. Adopted by the City Council of the City of Albertville this 18th day of November 2024. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 38 Mayor and Council Request for Action November 18, 2024 SUBJECT: ADMINISTRATION – APPROVE PLANNING SERVICE CONTRACT WITH BOLTON & MENK RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2024-40 approve a professional services agreement with Bolton & Menk for Planning Consultant Services. BACKGROUND: On May 15, 2023, the City of Albertville Council approve a Planning Consultant Service agreement with ABCities Consulting LLC through the end of December 2024. At the end of the agreement, Al Brixius the current City Planner plans to retire. City staff has research many options for planning services going forward. The City currently uses Bolton & Menk for engineering and GIS services. The attached proposed contract outlines the services that Bolton & Menk will provide to the City of Albertville. Bolton & Menk will work with the City of Albertville using a team approach, with Jenni Faulkner serving as the lead planner and project manager and Dylan Edwards as the primary planner with TJ Hofer as a backup. Bolton & Menk does not charge for milage or incidentals. The 2024 Rates for the key personnel are as follows: Employee Hourly Rate Jenni Faulker, Senior Planner, Project Manager $199 per hour Dylan Edwardds, Planner I $125 per hour TJ Hofer, Planner II $146 per hour They propose a flat rate for regular meetings of $400 per person meeting which includes two monthly staff meetings, monthly Planning Commission and/or City Council meetings. Meeting beyond that will be invoiced at the hourly rate. The 2025 rates will be available in December. The Personnel Committee met and discussed options for planning services. The Committee’s recommendation was to contract with Bolton & Menk. KEY ISSUES: • The City of Albertville has been contracting with ABCities since 2022 with the contract running through December 2024. • Bolton & Menk has submitted a proposal to provide planning service to the City of Albertville. The agreement may be terminated by either party with a 30 days’ written notice. Agenda Page 39 Mayor and Council Request for Action – November 18, 2024 Administration – Approve Planning Service Contract Page 2 of 2 POLICY/PRACTICES CONSIDERATIONS: The City enters into contracts for professional services on an as-needed basis. FINANCIAL CONSIDERATIONS: The City annually budgets for professional planning services. The proposed agreement is competitive with other service companies. LEGAL CONSIDERATIONS: The City Council has the ability to enter into professional consulting contracts on behalf of the City of Albertville. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2024-40 • Proposed Agreement for Professional Planning Services Agenda Page 40 CITY OF ALBERTVILLE WRIGHT COUNTY STATE OF MINNESOTA RESOLUTION NO. 2024-40 RESOLUTION APPROVING A CONTRACT WITH BOLTON & MENK FOR CITY PLANNING SERVICES WHEREAS, the ABCities Consulting LLC currently provides planning consultant services to the City of Albertville through the end of December 2024; and WHEREAS, at the end of December 2024, Al Brixius of ABCities will be retiring therefore the City of Albertville has reviewed other options for planning services; and WHEREAS, Bolton & Menk has provided the City with an Agreement for Professional services. NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville, Wright County, Minnesota does hereby order as follows: 1. That the contract for planning consultant services is awarded to Bolton & Menk. 2.That a contract between the City of Albertville and Bolton & Menk is approved, and the Mayor and City Administrator are authorized and directed to sign the same. Adopted by the City Council of the City of Albertville this 18th day of November 2024. _______________________________ Jillian Hendrickson, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Agenda Page 41 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this “Agreement”), made this day of , 2024, by and between the City of Albertville, a Minnesota municipal corporation with its principal office located at 5959 Main Ave NE, Albertville, Minnesota 55301 (the “City”), and Bolton & Menk, Inc., a Minnesota corporation with its principal office located at 1960 Premier Drive, Mankato, MN 56001-5900 (“Contractor”). I. SERVICES TO BE PROVIDED. Contractor will provide municipal planning services to the City and serve as the City Planner. The services will primarily consist of: 1. Attend bi-weekly in-person Consultant Agenda meetings with the City; 2. Coordinate and attend all Planning Commission meetings. Attendance shall be in person unless remote attendance is otherwise approved by the City; 3. Review land use applications as directed by the City Administrator including but not limited to conditional use permits, variances, plats, PUDs, comprehensive plan amendments, zoning map amendments and other subdivision applications; 4. Preparation of staff reports and presentations to the Planning Commission and City Council with respect to all of the City’s land use applications as noted above and collaboration with City Attorney or other city staff as warranted; 5. Preparation of public hearing notices for land use applications; 6. Preparation of development agreements; and 7. Respond to developer and resident inquiries related to planning and zoning; 8. Attend in person meetings with applicants and city staff as needed; 9. Provide support for Code Enforcement including preparation of letters, reports, and inspections as needed. 10. Any other planning services that are requested by the City. Said Services shall be provided as described in Contractor’s proposal attached as Exhibit A (collectively, the “Services”). All Services provided by Contractor under this Agreement shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professional consultants currently providing similar services. Agenda Page 42 II. COST OF SERVICES. A. Contractor shall perform the Services outlined in this Agreement and its proposal at the rates set forth in Exhibit A. Contractor shall invoice the City on a monthly basis for the Services performed by Contractor. The invoice must include the number of hours and a description of the Services performed by Contractor. Payment to Contractor by the City shall be due within 30 days of the date of the invoice. B. The attached Schedule of Fees shall apply for services provided through December 31, 2024. Hourly rates may be adjusted by CONSULTANT on an annual basis thereafter to reflect reasonable changes to its operating costs. Adjusted rates will become effective January 1 each subsequent year. C. The City shall not be responsible for payment for any additional costs or work performed by Contractor that are outside the scope of this Agreement that are not expressly pre- approved by the City. III. CITY’S REPONSIBLITIES. A. Upon request, the City shall provide Contractor with all available relevant materials pertaining to completion of the Services. B. Coordinate and lead bi-weekly in-person Consultant Agenda meetings. C. Provide the Contractor VPN remote access to City files and relevant software. IV. TERM AND TERMINATION OF AGREEMENT. The term of this Agreement shall commence, and Contractor shall commence performing the Services on November 1, 2024. This Agreement may be terminated earlier by either party by giving 30 days’ written notice to the other party. Upon termination, Contractor shall be paid by the City for all Services rendered by Contractor and all other pre-approved costs incurred by Contractor as of the date of the termination for which Contractor has not yet been compensated. V. INDEPENDENT CONTRACTOR. All Services provided pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose. Any and all officers, employees, subcontractors, and agents of Contractor, or any other person engaged by Contractor in the performance of the Services pursuant to this Agreement, shall not be considered employees of the City. Any and all actions which arise as a consequence of any act or omission on the part of Contractor, its employees, subcontractors, or agents, or other persons engaged by Contractor in the performance of Services pursuant to this Agreement, shall not be the obligation or responsibility of the City. Contractor, its employees, subcontractors, or agents shall not be entitled to any of the rights, privileges, or benefits of the City’s employees, except as otherwise stated in this Agreement. VI. INDEMNIFICATION. Contractor, and subcontractors of Contractor, shall indemnify, defend, and hold harmless the City and its officials, employees, contractors and agents from claims, losses, liabilities, and expenses Agenda Page 43 (including reasonable attorneys’ fees and expenses of litigation) caused by any negligent act or omission by Contractor, engaged by Contractor in the performance of the Services pursuant to this Agreement. Likewise, the City agrees that it will indemnify, defend, and hold harmless the Contractor, and its employees, subcontractors, and agents of Contractor against any and all claims, losses, liabilities, and expenses (including reasonable attorneys’ fees and expenses of litigation), which the Contractor may hereafter sustain, incur, or be required to pay arising out of the actions of the City pursuant to this Agreement. VII. INSURANCE. Contractor agrees to maintain, at its expense, statutory workers’ compensation insurance coverage. Contractor also agrees to maintain, at its expense, general liability insurance coverage insuring Contractor against claims for bodily injury, death, or property damage arising out of Contractor’s general business activities (including automobile use). The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $1,500,000. Upon request of the City, Contractor shall provide the City with certificates of insurance, showing evidence of the required coverage and listing the City as an additional insured. VIII. MISCELLANEOUS PROVISIONS. A. Entire Agreement. This Agreement shall constitute the entire agreement between the City and Contractor and supersedes any other written or oral agreements between the City and Contractor. This Agreement can only be modified in writing signed by the City and Contractor. B. Data Practices Act Compliance. Data provided, produced, or obtained under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor will immediately report to the City any requests from third parties for information relating to this Agreement. Contractor agrees to promptly respond to inquiries from the City concerning data requests. C. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. Any disputes, controversies, or claims arising under this Agreement shall be heard in the state or federal courts of Minnesota and the parties waive any objections to jurisdiction. D. No Assignment. This Agreement may not be assigned by either party. E. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state, and local laws, rules, ordinances, and regulations in performing the Services under this Agreement. Agenda Page 44 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate on the respective dates indicated below. CITY OF ALBERTVILLE By: Adam Nafstad Its: Administrator/PWD BOLTON & MENK, INC. By: Haila Maze Its: Principal Planner Agenda Page 45 EXHIBIT A Contractor’s Proposal Agenda Page 46 N:\Proposals\Albertville\2024 Planning Services\2025 Planning Services.docx October 21, 2024 Adam Nafstad P.E. City Administrator - PWD 5959 Main Ave NE, PO Box 9 Albertville, MN 55301 RE: Proposal for Planning Assistance Dear Mr. Nafstad: The City of Albertville is seeking planning services to provide high-quality development review and customer service. Bolton & Menk, Inc. has the experience and qualifications to provide professional planning services. Like you, we take great pride in helping create safe, sustainable, and beautiful communities. Our approach to planning services makes Albertville’s priorities, our priorities. We understand what needs to be accomplished for successful planning and development services. Project Understanding Albertville is an established community with ongoing development projects and planning needs. You are seeking a consultant to serve as your City Planner as your current City Planner is retiring. In this role, we understand we will provide quality development review, guidance, and recommendations to the Planning Commission and City Council as needed. Planning services are expected to range from permit review, site inspections and code enforcement to development review, ordinance revisions and coordination and special projects. We understand we are responsible for coordinating planning work with your staff such as public hearing notices, preparing legal documents, and communication with applicants and residents. We can also provide support and advice for planning related items like licensing, process improvement, or nuisances. Given that the City has been with Al Brixius for so long, we will work with Al on the transition. We understand the value of smooth transitions and the significant change that this is for the community. We will do our best to learn as much as we can from Al before the end of the year as we get up to speed on your code and process and community dynamics. Planning Team Bolton & Menk will serve the City of Albertville using a team approach. Jenni will serve as your primary contact and be responsible for activities performed on behalf of the City of Albertville. Jenni will be supported by a team of professionals with a depth of planning experience, including TJ Hofer and Dylan Ewards. Together this team has nearly 40 years of planning experience. Dylan will be your primary planner with Jenni providing oversight and guidance. Jenni will also be available as needed for complex projects and general support to the city. Agenda Page 47 N:\Proposals\Albertville\2024 Planning Services\2025 Planning Services.docx The Bolton & Menk team is intended to serve as an extension of city staff, with close coordination between the city and the team. The proposed team provides the optimum combination of accessibility and specialized expertise. Bolton & Menk’s multidisciplinary approach means we can answer a lot of questions with a quick trip down the hall. If specific technical questions arise during the process, we can answer them, usually without outside consultation or additional cost. In addition to extensive planning experience, our firm has expertise in civil engineering, surveying, landscape architecture, community development, GIS, funding and grant writing, graphic design, communication, historic and cultural resources, environmental services, and many other related areas. Work Plan We have developed a general work plan based on our experience and understanding of the needs of the City. Below is a brief description of the general plan and individual roles. We can adapt this plan and provide more flexibility as needed. Day-to-Day Services Day to day services will be billed on an hourly basis and can be adjusted to meet city needs. The majority of our work will occur remotely. We can be available for meeting at City Hall with developers as needed. We are also planning to be available for twice monthly Tuesday staff hours for development coordination and agenda setting meetings, monthly Planning Commission meetings, and City Council meetings as needed to facilitate the planning items or as otherwise requested. To keep coordination seamless, we would like to have remote access to your planning files via a VPN or secured network. • Jenni Faulkner will serve as lead planner and project manager. Jenni will provide supervision and coordination among the planning staff. She will be available for development review of complex projects as needed. She will be available remotely or in person for meetings, as needed. • Dylan Edwards will be your primary planner. He will conduct permit reviews, site inspection, preparation of development review applications and staff reports, and presenting at Planning Commission and City Council as needed. He will also be responsible for assistance with code enforcement. • TJ Hofer is a mid-level planner that can support Dylan and Jenni as needed. We like to have back-ups to cover vacations or assist with occasional heavy workloads or complex projects. NOTE: All general backgrounds and experience can be found on LinkedIn Projects These projects are specialized and usually have a specific timeframe for completion. Examples of these projects include environmental reviews, master plans, small area studies, complete zoning ordinance rewrites or other special planning studies. Projects are not a part of this proposal. We will work with the city to define a scope of services and budget for other special projects, as they come up. Agenda Page 48 N:\Proposals\Albertville\2024 Planning Services\2025 Planning Services.docx Fee Estimate Bolton and Menk does not charge for mileage or incidentals. 2024 Rates for our key personnel are as follows: Employee Hourly Rate Jenni Faulkner, Senior Planner Project Manager $199 per hour Dylan Edwards, Planner I $125 per hour TJ Hofer, Planner II $146 per hour We propose charging a flat rate for regular meetings of $400 per person meeting. This includes two monthly staff meetings, monthly Planning Commission and/or City Council meetings. Meetings beyond that will be invoiced at the hourly rate. In addition, we will provide discounted rates of 10 hours per month for planning services. The proposed discounted rate is $105 an hour for the first 10 hours of the month for any staff billing time in that period that is not part of a development review (developer paid escrow). Note that 2025 rates will be published in December. Rates are likely to have modest annual increases to account for market cost of living adjustment. We will keep the meeting rate the same for 2025. Also, to assist with a smooth transition, we will charge half of the meetings costs for meetings we attend with Al Brixius through the end of 2024. We are happy to discuss the rate and rate structure if they do not meet your expectations. We are excited about this opportunity to work with you and assist the City in its planning needs. Please contact me at 952-378-6354 or jenni.faulkner@bolton-menk.com if you have any questions regarding our proposal. Respectfully submitted, Bolton & Menk, Inc. Jenni Faulkner Senior Planner/Project Manager Agenda Page 49 2024 SCHEDULE OF FEES Agenda Page 50 Submitted by Bolton & Menk, Inc. The following fee schedule is based upon competent, responsible professional services and is the minimum, below which adequate professional standards cannot be maintained. It is, therefore, to the advantage of both the professional and the client that fees be commensurate with the service rendered. Charges are based on hours spent at hourly rates in effect for the individuals performing the work. The hourly rates for principals and members of the staff vary according to skill and experience. The current specific billing rate for any individual can be provided upon request. The fee schedule shall apply for the period through December 31, 2024. These rates may be adjusted annually thereafter to account for changed labor costs, inflation, or changed overhead conditions. These rates include labor, general business, and other normal and customary expenses associated with operating a professional business. For projects with typical expenses and unless otherwise agreed, the above rates include vehicle and personal expenses, mileage, telephone, survey stakes, and routine expendable supplies; no separate charges will be made for these activities and materials. Expenses beyond typical project expenses, non-routine expenses, and expenses beyond the agreed scope of services, such as out of town travel expenses, long travel distances, large quantities of prints, extra report copies, outsourced graphics and photographic reproductions, document recording fees, outside professional and technical assistance, and other items of this general nature will be invoiced separately. Rates and charges do not include sales tax, if applicable.1 No separate charges will be made for GPS or robotic total stations on Bolton & Menk, Inc. survey assignments; the cost of this equipment is included in the rates for survey technicians. *Specialized role not classified above otherwise, incl. graphic design, project communication, funding support, etc. **Highly specialized and industry expertise unique to the market or area of discipline. Employee Classification Hourly Billing Rates Senior Project Manager $180-261 Project Manager $145-231 Senior Project Engineer $140-216 Project Engineer $130-201 Design Engineer $115-176 Graduate Engineer $120-156 Senior Planner $110-231 Planner $85-161 Senior Landscape Architect $145-216 Landscape Architect $130-161 Landscape Designer $75-134 Licensed Project Surveyor $160-191 Graduate Surveyor $125-191 Survey Technician $80-189 Senior Technician $120-206 Technician $85-176 Specialist*$95-226 Practice Expert**$170-311 Senior Principal $200-320 Principal $165-286 Administrative/Corporate Specialists $50-176 GPS/Robotic Survey Equipment NO CHARGE CAD/Computer Usage NO CHARGE Routine Office Supplies NO CHARGE Routine Photo Copying/Reproduction NO CHARGE Field Supplies/Survey Stakes & Equipment NO CHARGE Mileage NO CHARGE 2024 SCHEDULE OF FEES Agenda Page 51 Mayor and Council Request for Action November 18, 2024 SUBJECT: ADMINISTRATION – CITY/STMA SCHOOL DISTRICT EXCHANGE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Approve transfer of a city vehicle with an approximate value of $1,500 to STMA School District in exchange for STMA School Staff providing terrazzo floor restoration at City Hall. BACKGROUND: The Albertville City Hall terrazzo floors have not been re-finished in many years. The project generally includes the stripping, grinding, and re-sealing of the floors with multiple layers of acrylic wax. Staff had previously received quotes and authorization to re-finish the terrazzo floors but after discussing the project with STMA School, this exchange would be a win/win for both the City and the School District. STMA School staff have a lot of experience with these types of floors. Quotes receive for the floor maintenance greatly exceed the resale value of the vehicle. KEY ISSUES: • The proposed improvements are recommended to restore the terrazzo floors within the Albertville City Hall. • City staff had discussed the project with STMA School staff, and this exchange would be a win/win for parties. • The flooring project will be completed during the Thanksgiving Holiday. • The vehicle is a 2001-1500 2WD Chevrolet • The City and School District have a long history of partnerships, include sharing of equipment and services. FINANCIAL CONSIDERATIONS: The proposed project will be completed in exchange for a Public Works vehicle. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to authorize the disposition of the vehicle in exchange for the maintenance services. Submitted Through: Adam Nafstad, City Administrator-PWD City Administrator’s Update November 14, 2024 GENERAL ADMINISTRATION 2025 Budget: The adoption of the 2025 Property Tax Levy and Final Budget will be included on the December 2 City Council meeting. Please let me know if you would like any additional budget information or have any questions regarding the Preliminary Budget. Enterprise Budgets: As part of the regular meeting, Staff will present draft enterprise budgets for City Council consideration. Truth-in Taxation: The City’s Truth-in Taxation hearing is scheduled for 6:15 pm on Monday, December 2 prior to the regular City Council meeting. Winter Newsletter: The Winter newsletter should hit residents’ mailboxes during the third week in November. Streets and Parks Maintenance and Custodian/Building Maintenance Positions: The City is currently advertising for two different positions. The employment opportunity and job description for both positions are listed on the City’s website. The application deadline for both positions is Monday, November 25, 2024. Otsego Fire Service: The City of Otsego approved the Fire Protection Agreement for service in 2025. Loewen Property: The City Attorney is reviewing the seller’s revisions to the purchase agreement, and I expect closing will take place by the end of the month. City Planning Services: As part of the regular meeting, Staff will present a professional service contract for planning services Code/Zoning Enforcement: The City is working on several properties regarding zoning ordinance and/or nuisance ordinance violations. Generally, the violations include outdoor storage of vehicles, materials, and/or equipment, and typically include junk accumulation and illegal structures. ENGINEERING/PUBLIC WORKS CR 137: We will be learning more about the cost and timing of the proposed 137 between the interstate and Mackenzie Avenue NE. Generally, it is understood the County is working towards a two year construction project with the Mackenzie and Lymon roundabouts constructed in 2025, and the interstate ramp roundabouts constructed in 2026. Agenda Page 52 City Administrator’s Update Page 2 of 2 November 14, 2024 Main Avenue Reconstruct: Staff is working on a 95% plan submittal to State Aid by the end of the month. Central Park Playground: Final design of the park improvements is underway. Linwood Park Sport Courts: We are working with Omann Bros on a schedule for milling and overlaying the courts. City Stormwater Modeling: Staff is working on a grant application for funding to update the city-wide stormwater model to reflect development that has occurred over the 15 years and the industry standards for design. WWTF Improvements: The project is on track to be substantially complete by the end of the year. I will be setting a time(s) for Councilmembers to tour the new facility. Generator Improvements: The generator project remains ongoing. We are still waiting for the control cabinet for Villas lift station. Once we have the cabinet, the Contractor will be able to pour the pads for the cabinet and generator. The concrete pads for the generator and switch gear at the fire hall were poured this past month. The generators for the fire hall and Villas Lift Station are expected to arrive by the end of the year. 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. Agenda Page 53