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2017-09-05 CC Agenda Packet City of Albertville Council Agenda TUESDAY, September 5, 2017 City Council Chambers 7:00 p.m. 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. P:\City Council\Council Agendas\2017 Agenda Packets\2017-09-05 CC Agenda.docx Meeting Date: September 5, 2017 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations – Introductions 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the August 21, 2017 City Council budget workshop meeting minutes as presented (pgs 4-5) B. Approve the August 21, 2017 regular City Council budget meeting minutes as presented (pgs 6-10) C. Authorize the Tuesday, September 5, 2017 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request (pg 11) D. Approve a One-Day Temporary 3.2% Malt Liquor License for the Albertville Lions Club for October 22, 2017 (pgs12-14 ) E. Approve Resolution No. 2017-026 Approving a Lawful Gambling Premises Permit for the Albertville Lions Club for Villa Bar and Grill located at 11935 59th Street NE (pgs 15-18) 7. Public Hearings – None 8. Department Business A. City Council 1). Committee Updates Recent Meetings: • FYCC, August 24 • Parks Committee, August 28 Agenda Page 1 City of Albertville Council Agenda TUESDAY, September 5, 2017 Page 2 of 3 P:\City Council\Council Agendas\2017 Agenda Packets\2017-09-05 CC Agenda.docx Meeting Date: September 5, 2017 B. Fire 1). Wright County Fire Chiefs Association Joint Cooperative Agreement for Use of Fire Personnel and Equipment (pgs 19-27) (Motion to approve Resolution No. 2017-027 entitled A Resolution Adopting the Wright County Fire Chiefs Association Joint Cooperative Agreement for the Use of Fire Personnel and Equipment.) 2). Establishing Charges for Emergency Response Services (pgs 28-39) (Motion to adopt Ordinance No. 2017-07 entitled An Ordinance Establishing Charges for Emergency Response Services.) C. Finance - None D. City Clerk - None E. Public Works/Engineering – None F. Planning/Zoning – None G. Building – None H. Legal – None I. Administration 1). City Code Compliance – Verbal Update 2). City Administrator’s Update (pgs 40-41) 3). 2018 Budget Discussion (pgs 42-43) 9. Announcements and/or Upcoming Meetings September 4 City Offices Closed, Labor Day September 5 City Council, 7:00 p.m. September 11 STMA Ice Arena Board, 6:00 p.m. September 12 Planning Commission, 7:00 p.m. September 18 City Council, 7:00 p.m. September 25 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. October 2 City Council, 7:00 p.m. October 4 Fire Advisory Committee, 6:00 p.m. October 9 STMA Ice Arena Board, 6:00 p.m. October 10 Planning Commission, 7:00 p.m. October 23 Joint Powers Water Board, 6:00 p.m. October 30 Joint Governance Meeting, Agenda Page 2 City of Albertville Council Agenda TUESDAY, September 5, 2017 Page 3 of 3 P:\City Council\Council Agendas\2017 Agenda Packets\2017-09-05 CC Agenda.docx Meeting Date: September 5, 2017 SEPTEMBER Su M Tu W Th F Sa 1 2 3 H 4 CC 5 6 7 8 9 10 Ice 11 PC 12 13 14 15 16 17 CC 18 19 20 21 22 23 24 JP 5 PK 26 27 28 29 30 OCTOBER Su M Tu W Th F Sa 1 CC 2 3 FAC4 5 6 7 8 Ice 9 PC10 11 12 13 14 15 CC 16 17 18 19 20 21 22 JP23 24 25 26 27 28 29 JM 30 31 10. Adjournment Agenda Page 3 Page 1 a. CITY COUNCIL WORKSHOP CITY HALL - COUNCIL CHAMBERS Monday, August 21, 2017 DRAFT MINUTES 1. CALL TO ORDER Mayor Hendrickson called the meeting to order at 6:31 p.m. Present: Mayor Hendrickson and Council members Cocking, Hudson, Olson and Vetsch Absent: None Others Present: City Administrator-PWD Adam Nafstad, Fire Chief Eric Bullen, and City Clerk Kimberly Hodena 2. 2018 BUDGET DISCUSSION Nafstad stated he would like to review the additional staffing needs discussed at the previous workshop. He noted, since the last meeting, there have been some small changes to the budget. Staff received the renewal for the law enforcement contract and there is an increase of approximately 3.5% each year for the next two-year contract. Nafstad also noted there was an error in the ABDO presentation that referenced $15 million in upcoming projects, but it is really $12 million that includes the Wastewater Treatment Facility upgrades and the CSAH 19 improvements – both in 2019. Vetsch inquired if new growth, or change in tax capacity, has been captured in the budget. Olson felt that tax capacity growth was not shown in the budget numbers. Hendrickson inquired when the last street review occurred. Nafstad replied that staff will be working to update the 5-year street capital improvement plan this year. In review of the preliminary budget, Nafstad noted that currently the total levy increase by percentage is at approximately 2.5%. He stated staff has budgeted 3% capital for parks and 5% capital for public works for equipment replacement. He also stated staff anticipates excess general fund revenue for 2018 as well. Nafstad reported on increased staffing needs. For the additional Public Works position, staff recommends a mid-summer start date in 2018, so the position can be funded over 2018 and 2019. Nafstad presented a history of the growth in public works, both in staff and tasks and services. Tasks the department has taken on consist of: in-house mechanic, code enforcement inspections, response to fire calls (three employees on the Fire Department), City Hall and Fire Dept. Agenda Page 4 City Council Meeting Minutes Page 2 Workshop Meeting of August 21, 2017 building cleaning, park inspections, rental setups, utility locates, and on-call hours. Added services the department provides include various street maintenance that didn’t used to be done in-house, jetting and other utility related programs, as well as, the various irrigation, mowing, and maintenance items associated with the added open spaces throughout the city. Nafstad also reported that the majority of the department is at max comp and/or vacation time. Vetsch felt the group is very conscientious about their jobs and don’t want to create more work for others in the department, but he wants to make sure they utilize their benefits. Nafstad also mentioned that with a retirement in City Hall the previous year, they are looking at making that part-time position into a full-time position. He stated it is needed to provide for front counter backup and other tasks. Although, they are running out of time in the workshop this evening, the budget will be discussed at the September 5, 2017 City Council regular meeting. Hudson would like to see costs for all unfunded items and the option to remove or combine some of those items at the next meeting. 3. ADJOURNMENT The meeting was adjourned at 7:03 p.m. Respectfully submitted, ____________________________________ Kimberly A. Hodena, City Clerk Agenda Page 5 Page 1 ALBERTVILLE CITY COUNCIL Monday, August 21, 2017 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:10 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Cocking, Hudson, Olson, and Vetsch Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, Fire Chief Eric Bullen, and City Clerk Kimberly Olson Others Present: Don Larsen, Scott Brooke, Chris Brown, and Gordy Midas 3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS – None 4. PUBLIC FORUM There was no one present for the forum. 5. AMENDMENTS TO THE AGENDA Nafstad removed Item 8C1 from the agenda. Hendrickson moved Item 8B1, City Council, before Item 8A1, Planning. Motioned by Olson, seconded by Hudson to approve the Agenda as amended. Ayes: Hendrickson, Cocking, Hudson, Olson, and Vetsch. Nays: None. Absent: None. MOTION DECLARED 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. These items will be approved by a separate motion. A. Approve the August 7, 2017 City Council budget workshop minutes as presented. B. Approve the August 7, 2017 regular City Council meeting minutes as presented. Agenda Page 6 City Council Meeting Minutes Page 2 Regular Meeting of August 21, 2017 C. Authorize the Monday, August 21, 2017 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. D. Approve the Contract for Law Enforcement Services from the Wright County Sheriff’s Office for 2018 and 2019. E. Approve an extension of park hours for Central Park to 11:00 p.m. on Saturday, September 9, 2017 for the Lions “Cruisin’ and Rockin” Event. Motioned by Cocking, seconded by Hudson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS – None 8. DEPARTMENT BUSINESS A. City Council a. Committee Updates Planning Commission Hudson reported that the Planning Commission items will be discussed at this evening’s Council meeting. STMA Ice Arena Board Hudson reported the Board is at a critical impasse regarding the Joint Powers Agreement for the second sheet of ice. He stated that the St. Michael members indicated St. Michael does not want to utilize the arena’s current capital for a second Zamboni for both rinks, but rather the School purchase their own machine. He stated this item will be a discussion item at the Joint Governance meeting on October 30, 2017. He stated there are potential consequences if the STMA Ice Arena Board cannot come to terms on a Joint Powers Agreement. The Albertville Council would like to see all three entities work together to manage a functioning ice arena. Couri indicated that if an agreement cannot be reached, future financial contributions will need to be addressed. B. Planning/Zoning 1). Coborn’s Grocery Store Rezoning and Conditional Use Permits for Drive Through Service Lane and a 5th Gas Pump Brixius reported that staff recommends changing the zoning for Albertville Crossing from B-2 to B- 3 to coincide with the Comprehensive Plan and to make gas sales a conforming use. He stated that Coborn’s is seeking two exterior alterations: a drive through service lane for Caribou Coffee and adding a fifth gas pump to the gas station. These two alterations require Conditional Use Permits (CUP’s) and must be reviewed together to ensure proper function of the site. The Caribou drive through is expected to be 120 feet with a 30 foot drive aisle providing access to the gas pumps and parking. The applicant will need to use signs and pavement striping to prevent customers from blocking the drive aisle. Brixius stated there are some concerns with tanker trucks delivering fuel and the applicant has indicated they will provide the times of delivery and the tanker trucks will be able to navigate under the canopy. Agenda Page 7 City Council Meeting Minutes Page 3 Regular Meeting of August 21, 2017 Brixius noted the location of the menu board and Cocking had concerns about its location. Hudson indicated the placement of the menu board was discussed at length at the Planning Commission meeting and after much discussion the Council felt the best placement would likely be where it is currently located on the plans and as desired by the ownership group. Brixius reported that the canopy over the gas pumps will be extended to the east to allow the addition of the fifth gas pump. He stated the City received the same request in 2006 for the additional pump, but it was denied due to the traffic and deliveries created by the liquor store. The liquor store has now moved to another tenant bay in Albertville Crossing and the applicant will not have deliveries other than fuel at the location; store deliveries will be conducted on the east loading docks. Motioned by Vetsch, seconded by Cocking, to adopt Ordinance No. 2017-06 relating to rezoning of Albertville Crossing. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Hudson, seconded by Cocking, to approve Resolution No. 2017-021 Rezoning Coborn’s Grocery Store. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Cocking, seconded by Olson, to approve Resolution No. 2017-022 Approving a Conditional Use Permit for a Drive Through Service Lane And Additional Gas Station Pump Located at 5698 LaCentre Avenue NE in Albertville, MN. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). Conditional Use Permit Application from the St. Michael-Albertville School District for Parking Lot Relocation and Building Expansion at 5386 Main Avenue NE Brixius reported the Primary School is looking to relocate their parking lot to the east and to expand the building by approximately 17,000 square feet. The expansion will require a Conditional Use Permit. A public hearing was held at the Planning Commission meeting and the Commission recommended approval of the item by the City Council. Olson had concerns with the drop off plan referenced in the packet. He stated that if there is a car turning left, it will back up all right turning cars in the drop off zone. Brixius stated there could be an option for segregated right and left turn lanes. Nafstad reported that all teacher and busing parking have been removed, so the lot is for drop off only. Olson stated there are 400+ children attending the Primary School and felt the south entrance should not be closed or gated off until the issue is addressed. He felt it would be the same issue they had to address at Middle School West. Hudson indicated he is hesitant to impose more conditions on the school and suggested that signage and possibly personnel be used to mitigate the situation. Couri informed Council that the City Engineer has the authority to require mediation if traffic is impeded and Brixius stated that can be done any time in the future. Cocking felt it would be easier to complete during original construction and before school begins. Brixius suggested they add it as an addition condition in the resolution. Agenda Page 8 City Council Meeting Minutes Page 4 Regular Meeting of August 21, 2017 Hudson preferred working with the school to determine if the circulation worked for it and if not, addressing the issue at that time. Motioned by Olson, seconded by Hudson, to adopt Resolution No. 2017-023 approving a Conditional Use Permit for parking lot relocation and school building expansion with conditions and to add the following condition: 4. “The District’s proposed traffic circulation pattern is approved with the understanding the District will make modifications to the parking lot, if needed, to mitigate any traffic safety or congestion issues that arise internal to the site or on Main Avenue NE. Permanent placement of barricades to close driveways will not be permitted. It is recommended the District revise the current plan to include a driveway sufficient in width to accommodate three traffic lanes; one lane for traffic entering the site and two lanes for traffic exiting the site.” Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. C. Finance 2). 5-Year Capital Improvement Plan (CIP) Nafstad reported that the CIP is used for future purchases and is a fluid document that is very much subject to changes. The auditors recommend it to be approved annually in order to meet GASB standards. Motioned by Cocking, seconded by Vetsch, to approve Resolution 2017-025 entitled a Resolution Accepting the Capital Improvement Plan (CIP). Ayes: Hendrickson, Cocking, Hudson, Olson, and Vetsch. Nays: None. Absent: None. MOTIONED DECLARED CARRIED. D. City Clerk 1). Set Date and Time for the Annual Truth-in-Taxation Hearing Motioned by Hendrickson, seconded by Vetsch, to set the Truth-in-Taxation Hearing for Monday, December 4, 2017 at 6:30 p.m. in the City Council Chambers. Ayes: Hendrickson, Cocking, Hudson, Olson, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. E. Fire – None F. Public Works/Engineering – None G. Building – None H. Legal – None I. Administration 1). City Administrator’s Update Agenda Page 9 City Council Meeting Minutes Page 5 Regular Meeting of August 21, 2017 Nafstad reported staff held a group meeting regarding the depot construction. He stated that construction will begin after the Open Streets event in mid-September and they are hoping to have the foundation and floor complete this year so work can continue through the winter months. 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS August 28 Joint Powers Water Board, 6:00 p.m. September 4 City Offices Closed, Labor Day September 5 City Council, 7:00 p.m. September 11 STMA Ice Arena Board, 6:00 p.m. September 12 Planning Commission, 7:00 p.m. September 18 City Council, 7:00 p.m. September 25 Joint Powers Water Board, 6:00 p.m. 10. ADJOURNMENT Motioned by Cocking, seconded by Olson, to adjourn the meeting at 9:24 p.m. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 10 Mayor and Council Request for Action P:\City Council\Council Packet Information\2017\090517\2017-09-05 Finance Bills Report (RCA).docx Meeting Date: September 5, 2017 August 31, 2017 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Tuesday, September 5, 2017 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 11 P:\City Council\Council Packet Information\2017\090517\2017-0-05 Lions Liquor License.docx Meeting Date: September 5, 2017 Mayor and Council Request for Action _____________________________________________________________________________ August 31, 2017 SUBJECT: CONSENT – CLERK – TEMPORARY ONE-DAY 3.2% MALT LIQUOR LICENSE FOR THE ALBERTVILLE LIONS CLUB RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve a One-Day Temporary 3.2% Malt Liquor License for the Albertville Lions Club for October 22, 2017. BACKGROUND: The Albertville Lions Club has submitted an application for a One-Day Temporary 3.2% Malt Liquor License for the a benefit for Wayne Kolles. The benefit will be at St. Albert’s Parish Center, 11458 57th Street NE, from 12:00 p.m. to 8:00 p.m. on Sunday, October 22, 2017. KEY ISSUES: • The Lions have submitted the correct application and fee for a One-Day Temporary 3.2% Malt Liquor License. • Sale of the 3.2% malt liquor will occur on the grounds of the Parish Center. • The Lions hold the appropriate liquor liability for the event. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor license. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person/Title: Kimberly A. Hodena, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Temporary 3.2% Malt Liquor License Application Agenda Page 12 Agenda Page 13 Agenda Page 14 P:\City Council\Council Packet Information\2017\090517\2017-09-05 Lions Lawful Gambling.docx Meeting Date: September 5, 2017 Mayor and Council Request for Action _____________________________________________________________________________ August 31, 2017 SUBJECT: CONSENT – CLERK – ALBERTVILLE LIONS CLUB LAWFUL GAMBLING PREMISES FOR VILLA BAR AND GRILL LOCATED AT 11935 59TH PLACE NE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: approve Resolution No. 2017-026 Approving a Lawful Gambling Premises Permit for the Albertville Lions Club for Villa Bar and Grill located at 11935 59th Place NE. BACKGROUND: The Albertville Lions Club is a qualified non-profit group that is eligible to conduct lawful gambling off-site. Lawful gambling is essentially charitable gambling and can only be conducted by non-profit, religious, veteran, or fraternal groups. The only types of gambling allowed are bingo, raffles, paddlewheels, tipboars, and pull tabs. KEY ISSUES: • The Lions have completed the proper paperwork. • The gambling permit must first have local authority approval before it goes to the MN Gambling Control Board. • The Villa Bar and Grill is the new name for the Emma Krumbee’s restaurant. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to either approve or deny any gambling license application received by the City. FINANCIAL CONSIDERATIONS: The City has no permit fee for this type of permit, the fee is submitted directly to the Gambling Board. Responsible Person/Title: Kimberly A. Hodena, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: LG 214 Premises Permit Application Resolution No. 2017-026 Agenda Page 15 Agenda Page 16 Agenda Page 17 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-026 A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ALBERTVILLE LIONS CLUB TO CONDUCT LAWFUL GAMBLING WHEREAS, the Albertville Lions Club has submitted an application for a premises permit to conduct lawful gambling activities within the City of Albertville, Minnesota, and, WHEREAS, the purpose of the lawful gambling is to raise funds for Albertville Lions Club, and, WHEREAS, the lawful gambling will be conducted at Villa Bar and Grill located at 11935 59th Place NE, and, WHEREAS, the Albertville Lions Club intends to comply with all lawful gambling rules and reporting requirements of the State of Minnesota and the City of Albertville, and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Albertville that the Premises Permit for the Albertville Lions Club is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Albertville City Council this 5th day of September, 2017. ______________________________ Jillian Hendrickson, Mayor ATTEST: ______________________________ Kimberly A. Hodena, City Clerk Agenda Page 18 P:\City Council\Council Packet Information\2017\090517\2017-09-05 Wright County Fire Joint Cooperative Agreement RCA.doc Meeting Date : September 5, 2017 Mayor and Council Request for Action _____________________________________________________________________________ August 31, 2017 SUBJECT: FIRE DEPARTMENT – APPROVE THE WRIGHT COUNTY FIRE CHIEFS ASSOCIATION JOINT COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve Resolution No. 2017-027 entitled A Resolution Adopting the Wright County Fire Chiefs Association Joint Cooperative Agreement for the Use of Fire Personnel and Equipment. BACKGROUND: The Wright County Fire Chiefs Association has been operating under a loosely formed Mutual Aid Agreement, with no available written documentation of the agreement. During litigation for reimbursement as the result of the Albertville I94 tanker rollover and spill in 2009, it was determined that reimbursement money for our responding mutual aid partners was not recoverable because there was no written mutual aid agreement that outlined or allowed such a recovery. The original fee schedule for reimbursement purposes that was set by the Wright County Fire Chiefs Association and used for the tanker rollover was random and not based on any other available fee schedule. The fee schedule used at the time was also questioned during the tanker rollover litigation process. The Albertville City Attorney and Albertville Fire Chief formalized a Joint Cooperative Agreement for the Wright County Fire Chiefs Association that was adopted by the Wright County Fire Chiefs Association at their May 17th, 2017 meeting. The new fee schedule included in the mutual aid agreement is based on the MN DNR fee schedule for fire service reimbursement. Staff believes the City of Albertville should formally adopt the Wright County Fire Chiefs Association Joint Cooperative Agreement for the Use of Fire Personnel and Equipment. KEY ISSUES: • The City of Albertville is currently operating without a written Joint Cooperative Agreement for Fire Personnel and Equipment. • The Wright County Fire Chiefs Association Joint Cooperative Agreement for the Use of Fire Personnel and Equipment was formalized and adopted by the Wright County Fire Chiefs Association on May 17th, 2017. • The Wright County Fire Chiefs Association Joint Cooperative Agreement for the Use of Fire Personnel and Equipment would allow the mutual aid partners of the Albertville Fire Department to re-coup their costs for a large scale event in Albertville. Likewise, if the Albertville Fire Department responds to assist another Wright County Fire Department, our costs would be recoverable, provided that City has also adopted the agreement. Agenda Page 19 Mayor and Council Request for Action – September 5, 2017 Joint Cooperative Agreement Page 2 of 2 P:\City Council\Council Packet Information\2017\090517\2017-09-05 Wright County Fire Joint Cooperative Agreement RCA.doc Meeting Date: September 5th, 2017 POLICY/PRACTICES CONSIDERATIONS: • The Wright County Fire Chiefs Association Joint Cooperative Agreement for the Use of Fire Personnel and Equipment is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this Agreement is to make equipment, personnel and other resources available to political subdivisions from other subdivisions. Responsible Person/Title: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator - PWD Attachments: Resolution No. 2017-027 Wright County Fire Chiefs Association Joint Cooperative Agreement for the Use of Fire Personnel and Equipment. (On File in City Clerk’s Office) Agenda Page 20 1 JOINT COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT WRIGHT COUNTY FIRE CHIEFS ASSOCIATION SEPTEMBER 5th, 2017 I. Purpose This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this Agreement is to make equipment, personnel and other resources available to political subdivisions from other subdivisions. II. Definitions • “Party” means a city in Wright County or an independent fire department based in Wright County that has approved and executed this Agreement. • “Requesting Official” means the person designated by a party who is responsible for requesting assistance from other parties. • “Requesting Party” means a party that requests assistance from other parties. • “Responding Official” means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. • “Responding Party” means a party that provides assistance to a Requesting Party. • “Assistance” means fire and/or emergency medical services personnel and/or equipment. • “Specialized Activities” means non-emergency assistance to include but not be limited to: fire investigators, fire inspectors, fire educators, fire instructors, training personnel and associated equipment and facilities. Agenda Page 21 2 III. Parties The parties eligible to enter into this Agreement shall consist of the Active and Affiliate member Cities of the Wright County Fire Chiefs Association. Upon the adoption of a resolution by its governing body, an executed copy of this Agreement shall be forwarded by the member party to the Secretary of the Wright County Fire Chiefs Association together with a certified copy of the resolution authorizing the Agreement. The Secretary of the Wright County Fire Chiefs Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties of this Agreement, shall notify the designated Responding Official of each party of such change. IV. Procedure Subd. 1. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. Specialized activities of a non-emergency nature may be requested and/or provided by the Parties of this Agreement. Subd. 2. Response to request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party’s personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. No Responding Party shall be required to respond to a request for assistance. Subd. 3. Recall of Assistance. The Responding Party may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party, if it is considered to be in the best interests of the Responding Party to do so. Subd. 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. All mutual aid operations will be carried out according to the National Incident Management System (NIMS). The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. Agenda Page 22 3 V. Workers’ Compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers’ compensation insurance, covering its own personnel while they are providing assistance pursuant to this Agreement. Each party waives the right to sue any other party for any workers’ compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VI. Damage to Equipment Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. Subd. 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Chapter 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. § 466.01, subdivision 6) of the Requesting Party. Subd. 2. The Requesting Party agrees to hold harmless, defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons of the Requesting Party, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party’s jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Agenda Page 23 4 Subd. 3. No party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this Agreement. VII. Charges to the Requesting Party Subd. 1. The Requesting Party shall reimburse the Responding Party for supplies used regardless of whether the Requesting Party recovers the cost of such supplies from the person(s) or entity to whom emergency service was provided. Subd. 2. In the event the Requesting Party seeks to recover from a third party the cost of providing emergency services to which a Responding Party responded pursuant to this Agreement, all amounts recovered by the Requesting Party for such provision of emergency services (after reimbursement of supplies used as set out in Section VII, Subd. 1 above) shall be divided pro-rata between the Requesting Party and all Responding Parties based on the man hours and equipment provided, calculated at the respective rates set out on the attached Exhibit A. The Requesting Party may deduct any legal or collection costs incurred by the Requesting Party in collecting reimbursement from the person or entity to whom emergency services were provided before calculating each Responding Party’s pro-rata share of such reimbursement. Subd. 3. In the event a Party adopts an ordinance requiring reimbursement from some or all parties receiving emergency services, such ordinance shall adopt, either directly or by reference, the rate schedule attached as Exhibit A to this Agreement. VIII. Duration This Agreement will be in force from the date of execution by any two Wright County cities. Any Wright County city may join this joint powers entity at any time via passage of this Agreement and execution of the same. Any party may withdraw from this Agreement upon thirty (30) days written notice to the other party or parties to the Agreement. IX. Dissolution Upon dissolution, all property and assets of the joint powers entity (if any) shall be disbursed in equal amounts to the cities that are parties to this Agreement immediately prior to such dissolution. Agenda Page 24 5 X. Execution Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Date: ________________ Entity: City of Albertville By: ___________________________________ Title: _________________________________ Date: ________________ Entity: City of Albertville By: ___________________________________ Title: _________________________________ Agenda Page 25 EXHIBIT A Apparatus: Rate Per Hour: Engine (Up to 4 Personnel) $275 Ladder / Aerial (Up to 4 Personnel) $275 Water Tender (Up to 2 Personnel) $200 Heavy Rescue / Rescue / Ambulance (Up to 2 Personnel) $185 Command Vehicle / Utility Truck / Grass Truck (Up to 2 Personnel) $85 ATV / UTV with water tank (Up to 2 Personnel) $50 Extra Personnel $15/hr County-Wide Response Teams: Special Response Unit $500 Fire Investigation Team $300 Agenda Page 26 WRIGHT COUNTY FIRE CHIEFS ASSOCIATION RESOLUTION NO. 2017-027 RESOLUTION APPROVING THE JOINT COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT WHEREAS, the City of Albertville is a member of the Wright County Fire Chiefs Association; and WHEREAS, the Association has adopted an Agreement for Joint and Cooperative Use of Fire Personnel and Equipment; and WHEREAS, the City of Albertville believes the effectiveness of fire protection within the City is improved by adopting this Agreement; NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the Mayor and City Clerk are hereby authorized to execute the Wright County Fire Chiefs Association Joint Cooperative Agreement for Use of Fire Personnel and Equipment, attached as Exhibit A, on behalf of the City of Albertville as a participating member. Adopted by the Albertville City Council on September 5th, 2017. ______________________________ Jillian Hendrickson, Mayor Attest: ______________________________ Kimberly A. Hodena, City Clerk Agenda Page 27 P:\City Council\Council Packet Information\2017\090517\2017-09-05 Charges for Emergency Response Services Ordinance RCA.doc Meeting Date : September 5, 2017 Mayor and Council Request for Action _____________________________________________________________________________ August 31, 2017 SUBJECT: FIRE DEPARTMENT – ADOPT AN ORDINANCE ESTABLISHING CHARGES FOR EMERGENCY RESPONSE SERVICES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Adopt Ordinance No. 2017-XXX entitled An Ordinance Establishing Charges for Emergency Response Services. BACKGROUND: The current Albertville City Code, 3-5-2: FIRE PROTECTION AND EMERGENCY RESPONSE FEES was last updated in 2008. In conjunction with the new Wright County Fire Chiefs Association Joint Cooperative Agreement, the Albertville City Attorney and Albertville Fire Chief have formalized an Ordinance Establishing Charges for Emergency Response Services. The ordinance authorizes individual Cities in the County to establish and charge user service charges for Emergency Services. The ordinance will also allow these Cities to recover costs incurred on any authorized incident that involves any mutual aid partner that also approves the Wright County Fire Chiefs Association Joint Cooperative Agreement. The Ordinance Establishing Charges for Emergency Response Services was given to the Wright County Fire Chiefs Association as a boiler-plate, menu-style, ordinance allowing each individual City and Township the ability to tailor the ordinance and resulting chargeable events. The fee schedule outlined in the new Ordinance Establishing Charges for Emergency Response Services matches the fee schedule in the Wright County Fire Chiefs Association Joint Cooperative Agreement. Albertville staff tailored the Ordinance Establishing Charges for Emergency Response Services to best fit the current practices and needs of the City. Some of the highlights and proposed changes to the current ordinance are: • Added / Updated Definitions • Appeal Procedure Outlined • Emergency Medical Response – No Charge • Motor Vehicle Accident – Now covers all roadways • Residential Fire – No Charge unless special circumstances are met • Institutional Building – No charge if handled by Auto-Aid Partners only • Fire Watch / Preventative Fire Watch Language Updated • “Alarm System” Definition Updated (Title 3. Chapter 5. Section 1.B.) Agenda Page 28 Mayor and Council Request for Action – September 5, 2017 Emergency Response Charges Ordinance Page 2 of 2 P:\City Council\Council Packet Information\2017\090517\2017-09-05 Charges for Emergency Response Services Ordinance RCA.doc Meeting Date: September 5, 2017 The updated Ordinance Establishing Charges for Emergency Response Services will amend the current language in Title 3, Chapter 5, Section 2 of the Albertville City Code. Staff believes the City of Albertville should formally adopt the Ordinance Establishing Charges for Emergency Response Services. KEY ISSUES: • The current City Code on Fire Protection and Emergency Response Fees (Title 3, Chapter 5, Section 2) is out of date and needs revision. • A proposed Ordinance Establishing Charges for Emergency Response Services has been developed along with the Wright County Fire Chiefs Association Joint Cooperative Agreement for the Use of Fire Personnel and Equipment. • The proposed Ordinance Establishing Charges for Emergency Response Services is the statutory tool that will allow the City to recover fees for Emergency Response to reimburse any Mutual Aid partners that respond to an authorized incident in the City of Albertville. • The ordinance will also be used by the Albertville Fire Department, if it responds to an authorized Mutual Aid call in Wright County and that City or Fire Department has also adopted the Ordinance Establishing Charges for Emergency Response Services. POLICY/PRACTICES CONSIDERATIONS: • The collection of fire service charges for the provision of Fire Response and Emergency Medical Response shall be pursuant to Minnesota Statute §§ 366.011 and 415.01 and any other applicable statute. Collection of unpaid service charges shall be as authorized in Minnesota Statute § 366.012. Responsible Person/Title: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator - PWD Attachments: Ordinance Establishing Charges for Emergency Response Services (On File in City Clerk’s Office) Agenda Page 29 Page 1 CITY OF ALBERTVILLE WRIGHT COUNTY STATE OF MINNESOTA ORDINANCE NO. 2017-07 AN ORDINANCE ESTABLISHING CHARGES FOR EMERGENCY RESPONSE SERVICES THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA DOES HEREBY ORDAIN: Section 1. Title 3, Chapter 5, Section 2 of the Albertville City Code is hereby amended to read as follows: A. Findings, Purpose, and Intent. This ordinance is adopted for the purpose of authorizing the City of Albertville to establish and charge user service charges for Emergency Services as described in this ordinance. B. Definitions. The following terms shall apply in the interpretation and application of this ordinance. 1. “Commercial Building” and “Institutional Building” mean any structures that are used or intended either by the nature of its construction or by any conditional use permits, interim use permits or business licenses issued to be used for commercial, institutional (e.g. school or governmental uses) or industrial purposes. Multiple family rental housing of any type is considered to be commercial for the purposes of this ordinance. 2. “Emergency Medical Response (Non Motor Vehicle Incident)” is any medical response not involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of any injured persons. 3. “Excavator” means a person who conducts excavation. 4. “Fire Response” means any deployment of fire fighting personnel and/or equipment to extinguish a fire or perform any preventative measure in an effort to protect equipment, life, or property in an area threatened by fire. It also includes the deployment of fire fighting personnel and/or equipment to provide fire suppression, rescue, extrication, or any other services related to fire and rescue as may occasionally occur. Such deployment constitutes fire response regardless of whether these services are actually performed. 5. “Fire Service Charge” means the charge imposed by the City for a Fire Response or Emergency Medical Response. 6. “Fire Watch” means an event where one or more members of the Albertville Fire Department remain at the scene of an emergency response after the emergency has been Agenda Page 30 City of Albertville Meeting of September 5, 2017 Ordinance No. 2017-07 Page 2 addressed by the Albertville Fire Department for the purpose of maintaining watch over the property responded to until an owner or an owner’s representative arrives to secure the property. 7. “Hazardous Substance" means any chemical or chemical compound that is listed as a hazardous substance in rules adopted under Minnesota Statutes Chapter 182. 8. “Illegal Activities” means any activity in violation of Minnesota statute, rules and regulations, or city or county ordinances, which may be criminal or merely not in conformity therewith. 9. “Motor Vehicle” means any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a self-propelled vehicle. This includes semi trailers, snowmobiles, all terrain vehicles and campers. 10. “Motor Vehicle Owner” means any person, firm, association, or corporation owning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days. 11. “Person” means the state, a public agency, a local governmental unit, an individual, corporation, partnership, association, business, public entity or a trustee, receiver, assignee, or personal representative of any of them. 12. Preventative Fire Watch: means a situation when fire department personnel provide fire watch protection in any place of assembly or any place where people congregate where public safety is at risk due to the number of persons, or the nature of the performance, exhibition, display, contest, or activity, or due to unusual fire hazards. 13. “Residential Building” means any structure which is used or intended by the nature of its construction to be used by persons for living and sleeping quarters, but shall not include multi-family housing, hotels, motels, or other buildings intended primarily for transient lodging. Residential Buildings shall also include outbuilding, barns and other structures which are not defined as Commercial or Institutional buildings as defined herein. 14. “Underground Pipeline Utility” means an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute gas, oil, petroleum products, and other similar substances. 15. “Vacant Parcel” means any property parcel that does not include any building improvements. C. Conflicts. In the event of any conflict between the provisions of this ordinance and applicable provisions of State law, rules or regulations, the latter shall prevail. Agenda Page 31 City of Albertville Meeting of September 5, 2017 Ordinance No. 2017-07 Page 3 D. Fire Service Charges in General. 1. The collection of fire service charges for the provision of Fire Response and Emergency Medical Response shall be pursuant to Minnesota Statute §§ 366.011 and 415.01 and any other applicable statute. Collection of unpaid service charges shall be as authorized in Minnesota Statute § 366.012. 2. Said fees shall be charged as set forth in Title 3, Chapter 5, Section 2.E. below. 3. For incidents where a fee is charged, the fee shall be calculated on the basis of the personnel and equipment which respond to the incident as set forth on the schedule attached as Exhibit A. All personnel and equipment provided by other fire departments pursuant to a mutual aid request of the City’s Fire Department shall be billed as if such personnel and equipment were provided by the City’s Fire Department. 4. When a particular service rendered by the Fire Department directly benefits more than one person or property, the owner of each property so benefited and each person so benefited shall be liable for the payment of the full charge for such service to his or her respective property or person. 5. Parties billed the fire service charge will have 30 days to pay. If the service charge is not paid by that time, it will be considered delinquent and the City will send notice of delinquency. 6. If the fire service charge remains unpaid for 30 days after this notice of delinquency is sent, the City will use all practical and reasonable legal means to collect the service charge including the provisions of Minn. Stat. § 366.012. The party receiving the service shall be liable for all collection costs incurred by the City including, but not limited to, administrative costs, attorneys fees, recording fees and court costs. 7. Any party aggrieved by a charge authorized in this Ordinance may appeal the charge as follows: a. Within the time period for which a bill is payable, the party shall file a written request with the City Clerk setting forth specific reasons why the charge is improper. b. The City Clerk shall notify the aggrieved party, in writing, of the time, place and date the City Council will hold a hearing on the issue. c. The City Council may grant relief on appeal if it finds good cause and sufficient proof to satisfy the City Council. d. The City Council may extend the time for payment for a reasonable period. Agenda Page 32 City of Albertville Meeting of September 5, 2017 Ordinance No. 2017-07 Page 4 E. Fire Service Charges. The service charges for Fire Responses or Emergency Medical Responses shall be as follows: 1. Emergency Medical Response (Non Motor Vehicle Incident): a. Emergency Medical Response (Non Motor Vehicle Incident) is any medical response not involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of any injured persons. b. With regard to emergency medical response (non motor vehicle incident), there shall be no charge, provided, however, that should it be determined by the City that the medical response falls within Title 3, Chapter 5, Section 2.E. subparagraphs 2, 8, 9, and 10 of this ordinance as set out below, then an invoice for the cost of the Fire Department response to the medical emergency will be sent to the property owner or owner’s insurance company based on the fee schedule set forth on the attached Exhibit A. 2. Motor Vehicle Incident: a. A motor vehicle incident is any response involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of any injured persons. This would include but not be limited to: Vehicle Fire, Extrication, Medical Care, Absorbing Liquid Spills, Vehicle System Safety, Vehicle Stabilization, and Traffic Control. b. An invoice will be sent to the motor vehicle owner or owner’s insurance company for the cost of the Fire Department response to the motor vehicle incident based on the fee schedule set forth on the attached Exhibit A. c. If there is more than one motor vehicle involved for which Fire Department service is provided, each motor vehicle owner or insurer will be invoiced an equal share of the service charge. 3. Residential Fire: a. A residential fire is any incident response to a fire involving a residential building as defined in this ordinance. b. With regard to residential building fires, there shall be no charge, provided, however, that should it be determined by the City that the residential fire response falls within Title 3, Chapter 5, Section 2.E. subparagraphs 9, 10 or 11 of this ordinance as set out below, then an invoice for the cost of the Fire Department response will be sent to the property owner, hazardous waste generator, person(s) charged with arson who set the fire, and/or the person(s) charged with an illegal crime which contributed to the need Agenda Page 33 City of Albertville Meeting of September 5, 2017 Ordinance No. 2017-07 Page 5 for fire response. All such charges shall be based on the fee schedule set forth on the attached Exhibit A. 4. Commercial or Institutional Building Fire Response: a. A commercial or institutional building fire is any incident response to a fire involving a commercial or institutional building as defined in this ordinance. b. With regard to commercial or institutional building responses by the Fire Department, an invoice will be sent to the property owner or owner’s insurance company for the cost of the Fire Department response to the commercial or institutional incident based on the fee schedule set forth on the attached Exhibit A, but only when the response requires the assistance of one or more other fire departments responding pursuant to a call for mutual aid by the incident commander at the scene other than the fire departments of the City of St. Michael or the City of Hanover responding pursuant to an automatic aid call. When a response requires the assistance of one or more other fire departments responding (in addition to St. Michael’s and Hanover’s departments) pursuant to a call for mutual aid by the incident commander, the billing shall include charges for all departments responding, including Albertville, St. Michael and Hanover. 5. Grass Fires Within a State Trunk Highway or County Right-of-Way: a. A grass fire is any incident response to a grass fire within or outside of the right-of- way of a state trunk highway, county road or city road if the fire originated within the right-of-way of a state trunk highway, county road or city road as defined in Minnesota State Statute §161.465. b. An invoice will be sent to the Minnesota Commissioner of Transportation or to the county administrator for costs incurred by the Fire Department to respond based on the fee schedule set forth on the attached Exhibit A. 6. Technical Rescue: a. A technical rescue is any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the persons in need of rescue. b. An invoice will be sent to the person, entity or business receiving rescue service for costs incurred by the Fire Department to respond based on the fee schedule set forth on the attached Exhibit A. Agenda Page 34 City of Albertville Meeting of September 5, 2017 Ordinance No. 2017-07 Page 6 7. Search and Rescue: a. A search and rescue is any incident response to a search and/or rescue of a missing person where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the person in need of rescue. b. With regard to search and rescue services, there shall be no charge. 8. Underground Pipeline Utility Breaks: a. An underground pipeline utility break is any incident response to an underground pipeline utility break. b. An invoice will be sent to the excavator or person responsible for the pipeline utility break or to the owner or operator of the pipeline for costs incurred by the Fire Department to respond based on the fee schedule set forth on the attached Exhibit A. c. In addition, the bill for service shall also include any cost of cleanup of any contaminated equipment and/or repair of any equipment damaged during the incident or its replacement, along with replacement of any disposable equipment, supplies, and/or communication equipment. 9. Hazardous Material: a. A hazardous material incident is any response to the release of hazardous material from its container, or the threat of a release of a hazardous material from its container, chemical reaction, or other potential emergency as the result of a hazardous material where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions or protect the public. b. An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material for costs incurred by the Fire Department to respond based on the fee schedule set forth on the attached Exhibit A. c. In addition, the bill for service shall include any cost of cleanup of any contaminated equipment and/or repair of any equipment damaged during the incident or its replacement, along with replacement of any disposable equipment, supplies, and/or communication equipment. 10. Fire as the Result of Illegal Activities: a. A fire as the result of illegal activities is any incident response to a fire that resulted from illegal activities occurring on the property as defined in this ordinance. Examples of this would include, but not be limited to, methamphetamine labs, Agenda Page 35 City of Albertville Meeting of September 5, 2017 Ordinance No. 2017-07 Page 7 commercial and industrial operations where a necessary permit or license is required but has not been obtained from the City, or the burning of debris without a properly issued burn permit. b. An invoice will be sent to the property owner, owner’s insurance company, and/or the person(s) responsible for the illegal activity for costs incurred by the Fire Department to respond based on the fee schedule set forth on the attached Exhibit A. The Fire Department reserves the right to seek reimbursement through restitution should the person responsible for the illegal activity be convicted of a crime related to the incident. c. In addition, the bill for service shall include any cost of cleanup of any contaminated equipment and/or repair of any equipment damaged during the incident or its replacement, along with replacement of any disposable equipment, supplies, and/or communication equipment. 11. Arson Fire: a. An arson fire is any incident response to a fire where a person is charged under Minnesota Law. b. An invoice will be sent to the property owner, owner’s insurance company and/or the person charged with the arson for costs incurred by the Fire Department to respond based on the fee schedule set forth on the attached Exhibit A. c. In addition, the bill for service shall include any cost of cleanup of any contaminated equipment and/or repair of any equipment damaged during the incident or its replacement, along with replacement of any disposable equipment, supplies, and/or communication equipment. d. The Fire Department reserves the right to seek reimbursement through restitution should the person responsible for the fire be convicted of a crime related to the incident. The fire investigator responsible for the incident investigation will forward all costs expended by the Fire Department in association with the incident to the court for reimbursement through restitution. 12. Fire on Vacant Land: a. A fire on vacant land is any incident response to a fire involving a fire on vacant parcel as defined in this ordinance. b. An invoice will be sent to the property owner or owner’s insurance company for costs incurred by the Fire Department to respond based on the fee schedule set forth on the attached Exhibit A. Agenda Page 36 City of Albertville Meeting of September 5, 2017 Ordinance No. 2017-07 Page 8 13. Fire Watch: Fees for personnel to stand by on fire watch due to unusual fire hazards or while waiting for the property owner or tenant to respond to the scene following a fire incident and/or fire alarm, may be billed to the owner of the property or the tenant, or both, on a per hour basis with a one hour minimum. If a fire watch is established at a property, the watch shall be maintained until the owner of the property, the tenant, or his/her designated representative arrives at the property and takes over responsibility for monitoring fire safety, or until the fire department personnel on the scene determine that such responsible person either cannot be located or is unwilling to take over responsibility for monitoring fire safety, or until the fire department personnel on the scene determine that a fire watch is no longer necessary. An invoice will be sent to the property owner for costs incurred by the Fire Department for a fire watch based on the fee schedule set forth on the attached Exhibit A. 14. Preventative Fire Watch: Fees for personnel to stand by on preventative fire watch may be billed to the owner of the property or the tenant, or both, on a per hour basis with a one hour minimum. An invoice will be sent to the property owner for costs incurred by the Fire Department for a preventative fire watch based on the fee schedule set forth on the attached Exhibit A. Section 2. Title 3, Chapter 5, Section 1.B. of the Albertville City Code is hereby amended to read as follows: B. Definitions: For purposes of this section, the terms defined in this subsection have the meanings given to them: ALARM SYSTEM: An alarm installation designed to be used for the prevention or detection of burglary, robbery, heat, smoke, carbon monoxide, and fire on the premises which contain an alarm installation. Automobile alarm devices are not an "alarm system". ALARM USER: A person in control of any building, structure or facility wherein an alarm system is maintained. FALSE ALARM: An alarm signal eliciting a response by fire personnel when a situation requiring a response does not, in fact, exist and which is caused by the activation of the alarm system through mechanical failure, alarm malfunction, improper installation or the inadvertence of the owner or lessee of an alarm system. Section 3. All prior ordinances to the extent that they are inconsistent with the terms and provisions of this Ordinance, shall be deemed repealed after the effective date of this ordinance with regard to those inconsistent terms and provisions. Agenda Page 37 City of Albertville Meeting of September 5, 2017 Ordinance No. 2017-07 Page 9 Section 4. This Ordinance shall take effect upon its passage and publication. Adopted by the City Council of the City of Albertville on the 5th day of September 2017. ____________________________________ Jillian Hendrickson, Mayor ATTEST: _____________________________________ Kimberly A. Hodena, City Clerk Agenda Page 38 City of Albertville Meeting of September 5, 2017 Ordinance No. 2017-07 Page 10 EXHIBIT A Apparatus: Rate Per Hour: Engine (Up to 4 Personnel) $275 Ladder / Aerial (Up to 4 Personnel) $275 Water Tender (Up to 2 Personnel) $200 Heavy Rescue / Rescue / Ambulance (Up to 2 Personnel) $185 Command Vehicle / Utility Truck / Grass Truck (Up to 2 Personnel) $85 ATV / UTV with water tank (Up to 2 Personnel) $50 Extra Personnel $15/hr County-Wide Response Teams: Special Response Unit $500 Fire Investigation Team $300 Agenda Page 39 City Administrator’s Update August 31, 2017 GENERAL ADMINISTRATION Arena Board: The JPA/ownership/operations agreement will be again discussed at the next Arena Board meeting. In speaking with School District and St. Michael staff, I believe all groups are getting closer to general acceptance of the agreement. The agreement will be an agenda item for the large group meeting with the School District and St. Michael in October. Code Enforcement: There are a few code related issues that have been ongoing with 3 or 4 residential parcels. Generally, the issues are related to home occupations, junk accumulation, and pet related instances. Staff will update the Council on these outstanding issues at the meeting. Overall, and other than these few properties, code related complaints have been few and manageable. Preliminary 2018 Budget: Included as an agenda item is continued discussion of the 2018 Preliminary Budget and attached is the summary budget as of current. At the meeting I will have additions and alternatives for funding various capital items. No action will be required at this meeting. FYCC: At its last meeting, the FYCC Board approved its budget for fiscal year 2017/18 beginning September 1. The 2017/18 Budget is $187,000 and Albertville’s share is $27,000. The Board also reviewed summer programming attendance, which continues to be very impressive (and growing). Park Committee: The Park Committee met earlier this week to select park equipment for Westwind Park, review the latest Central Park design concepts, and discuss potential options to expand Central Park. Staff will be getting quotes on the preferred playground equipment and the City Planner will continue to work on the Central Park design concepts. ENGINEERING/PUBLIC WORKS STMA Arena Addition: The District is in the process of preparing the preliminary and final plat documents, the easement vacations, and the construction documents. I expect this to be a late September or early-October agenda item. Primary School Addition: Construction is expected to begin soon. Also, I shared the concerns of the Council with regard to internal traffic circulation and the District has been very receptive. They are widening the north driveway to allow for three lanes of ingress/egress and understand that the barricades cannot be a permanent solution. If the parking lot functions according to their plan, they will remove the south driveway. Towne Lakes 6th Addition: Building is progressing and currently 2 buildings (10-units) are underway. Agenda Page 40 City Administrator’s Update Page 2 of 2 August 31, 2017 Towne Lakes 7th Addition: We have received an application for preliminary and final plat for Planning Commission in September. The Developer has also requested a grading permit so they can begin preparing the site. Hunters Pass 3rd Addition: We have received an application for preliminary and final plat to go to the Planning Commission in September. The Developer has also requested a grading permit so they can begin preparing the site. Central Park Depot: Depot plans are coming together well! The Lions plan to commence construction late-September and have the project complete in the spring. We are coordinating the sewer and water services with construction, as well as, the private utility installs. Repairs to 51st Street NE Cul-de-sac: We are reviewing options to improve this temporary dead-end and will report back to the Council. St. Michael Sewer Service Agreement: The St. Michael Council passed the agreement at their last meeting and the City Attorneys are finalizing the document. 2017 Street and Trail Improvements Project: The street portion of the project is generally complete with the exception of punchlist items. The Towne Lakes trails portion of the work will begin in early September. WWTF: We had a very informative meeting with the MPCA this last week regarding our facility plan, funding options, and timing of improvements. We are on track with the requirements of our permit and are optimistic relocating the discharge is a feasible option. I have Bolton and Menk scheduled to present the facility plan at the second meeting in September. Currently, we are focusing on the option to relocate the discharge in lieu of the very extensive plant upgrades. CSAH 19 and 57th Street Signal Improvements: We will be holding the preconstruction meeting in the next week. Contracts have been signed and shop drawings are in for review. Attachments: (none) Agenda Page 41 2017 Budget 2018 Budget Difference 17 to 18 $ Difference 17 to 18 % 31010 Current Ad Valorem Taxes 1,876,761 2,023,180 $146,419 7.80% 32100 Licenses & Permits 27,000 27,000 $0 0.00% 32110 Liquor Licenses 29,500 33,000 $3,500 11.86% 32120 3.2 Liquor Licenses 75 75 $0 0.00% 32150 Sign Permits 1,200 1,300 $100 8.33% 32210 Building Permits 85,917 115,000 $29,083 33.85% 32240 Animal Licenses 700 700 $0 0.00% 33401 LGA Revenue expected 92,181 111,024 $18,843 20.44% 33405 Police Aid 33,000 40,000 $7,000 21.21% 33406 Fire Aid 61,000 61,000 $0 0.00% 33422 Other State Aid Grants 11,000 11,500 $500 4.55% 34000 Charges for Services 3,000 4,000 $1,000 33.33% 34005 Engineering As Built Fee 3,000 3,000 $0 0.00% 34101 Leases - City Property 0 0 $0 0.00% 34103 Zoning & Subdivision Fees 2,000 2,500 $500 25.00% 34104 Plan Check Fee 40,000 50,000 $10,000 25.00% 34107 Title Searches 3,000 3,600 $600 20.00% 34113 Franchise Fee - Cable 72,000 74,000 $2,000 2.78% 34202 Fire Protection Contract Charges 274,646 294,620 $19,974 7.27% 34780 Rental Fees 10,000 12,000 $2,000 20.00% 34950 Other Revenues 8,000 11,000 $3,000 37.50% 34110 Arena 12,692 13,074 $382 3.01% 34112 Electric Franchise Fee 115,000 115,000 $0 0.00% 36210 Interest Earnings 20,000 20,000 $0 0.00% 102 Capital Levy 986,428 1,022,750 $36,322 3.68% Total Revenues 3,768,100 4,049,323 $281,223 7.46% 2017 Budget 2018 Budget Difference 17 to 18 $ Difference 17 to 18 % 41000 General Government 30,000 30,000 $0 0.00% 41100 Council 40,588 40,588 $0 0.00% 41300 Combined Administrator/Engineer 100,848 104,106 $3,259 3.23% 41400 City Clerk 102,049 112,891 $10,842 10.62% 41440 Elections 15,500 20,000 $4,500 29.03% 41500 Finance 121,522 147,111 $25,589 21.06% 41550 City Assessor 29,870 29,870 $0 0.00% 41600 City Attorney 40,000 40,000 $0 0.00% 41700 City Engineer 20,000 25,000 $5,000 25.00% 41800 Economic Development 6,000 6,000 $0 0.00% 41910 Planning & Zoning 41,507 46,507 $5,000 12.05% 41940 City Hall 150,128 158,114 $7,985 5.32% 42000 Fire Department 468,877 493,323 $24,446 5.21% 42110 Police 710,290 735,840 $25,550 3.60% 42400 Building Inspection 171,344 224,312 $52,968 30.91% 42700 Animal Control 6,000 7,000 $1,000 16.67% 43100 Public Works - Streets 294,578 326,121 $31,543 10.71% 45000 Culture & Recreation 71,811 75,211 $3,400 4.73% 45100 Parks & Recreation 278,331 318,646 $40,315 14.48% 43160 Electric street lights 83,430 85,933 $2,503 3.00% 102 Capital 102 985,429 1,022,750 $37,322 3.79% Total Expenditures 3,768,100 4,049,323 281,223 7.46% 2018 PRELIMINARY BUDGET SUMMARY COMPARISON GENERAL FUND General Fund Revenue: General Fund Department Expenditures: Page 1 Agenda Page 42 Levy 2017 2018 Difference 17 to 18 % General Fund & EDA 1,876,761 2,023,180 7.80% Capital Levy 986,428 1,022,750 3.68% Total Tax Levy (Oper. Levy) 2,863,189 3,045,930 6.38% 357 GO Improvement Bond 03 276,677 273,963 354 Bonds 03 PF Lease Rev 76,642 0 359 City Hall 05 263,959 261,478 360 Go Imp 2012A CSAH 19 26,157 26,157 358 PW Facility 04 103,449 100,651 361 Go Imp 2012A Lach 31,600 31,600 362 Go Imp 2012A Ind Park 84,561 84,561 468 I-94 53,000 53,000 Total Debt Service Levy 916,045 831,410 Debt Levy -9.24% Total Levy 3,779,234 3,877,340 Total Levy 2.60% Page 2 Agenda Page 43