Loading...
2015-09-21 CC Agenda Packet City of Albertville Council Agenda Monday, September 21, 2015 City Council Chambers 7:00 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. M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-09-21 CC Agenda.doc 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations – Introductions A. Women of Today Proclamation 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 September 8, 2015 regular City Council meeting minutes as presented (pgs 4-9) B. Authorize the Monday, September 21, 2015 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 10) C. Approve the Memorandum of Understanding between Wright County and the City of Albertville for the Purchase of Salt for the 2015-2016 Snow and Ice Removal Season at a cost of $82.46 per ton, which is subject to fuel escalation (pgs 11-12) D. Reduce Letter of Credit No. 163905277 held as security for the Guardian Angels development from $31,200 to no less than $24,500, conditioned on any outstanding balances owed to the City being paid in full (pg 13) E. Accept the municipal improvements and to reduce Letter of Credit No. 2220 held as security for the Hunters Pass 2nd development from $37,170 to no less than $15,973, conditioned on any outstanding balances owed to the City being paid in full (pg 14) 7. Public Hearings – None Agenda Page 1 City of Albertville Council Agenda Monday, September 21, 2015 Page 2 of 3 M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-09-21 CC Agenda.doc 8. Department Business A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) 2). STMA Ice Arena Board Minute of September 14, 2015 – Information Only (pgs 15-16) B. Fire 1). Fire Update (pg 17) C. Legal 1). Sale of Tax Forfeited Lots in Prairie Run (pgs 18-26) (Motion to approve the purchase agreement to sell lots 1-15, Block 1, Prairie Run to Fieldstone Family Homes for $25,000 per lot.) D. Finance – None E. City Clerk – None F. Public Works/Engineering – None G. Planning/Zoning – None H. Building – None I. Administration 1). Mighty Ducks Grant Application (pgs 27-30) (Motion to approve Resolution of STMA Arena Mighty Ducks Grant Application.) 2). City Administrator’s Update (pgs 31-33) 9. Announcements and/or Upcoming Meetings September 28 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. October 5 City Council, 7:00 p.m. October 12 STMA Ice Arena Board, 6:00 p.m. October 13 Planning Commission, 7:00 p.m. October 19 City Council, 7:00 p.m. October 26 Joint Powers Water Board, 6:30 p.m. Agenda Page 2 City of Albertville Council Agenda Monday, September 21, 2015 Page 3 of 3 M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-09-21 CC Agenda.doc SEPTEMBER Su M Tu W Th F Sa 1 2 3 4 5 6 H 7 CC 8 9 10 11 12 13 Ice 14 PC15 16 17 18 19 20 CC 21 22 23 24 25 26 27 JP28PK 29 30 OCTOBER Su M Tu W Th F Sa 1 2 3 4 CC 5 6 7 8 9 10 11 Ice 12 PC13 14 15 16 17 18 CC 19 20 21 22 23 24 25 JP26 27 28 29 30 31 10. Adjournment Agenda Page 3 City Council Meeting Minutes Page 1 Regular Meeting of September 8, 2015 ALBERTVILLE CITY COUNCIL TUESDAY, September 8, 2015 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:03 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Alan Brixius, Finance Director Tina Lannes, Fire Chief Eric Bullen, and City Clerk Kimberly Olson Others Present: Wright County Commissioner Mike Potter, Danny Waldron, Trisha Holm, and Josh Eull 3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS – None 4. PUBLIC FORUM – None 5. AMENDMENTS TO THE AGENDA Hudson added Business Regulation as Item A3 under City Council. Nafstad added Lachman Rear Yard Drainage as Item A4 under City Council and 57th Street NE Right-of-Way as Item I2 under Administration. Motioned by Hendrickson, seconded by Vetsch, to approve the agenda as amended. Ayes: Hendrickson, Hudson, Olson, Sorensen, 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. Agenda Page 4 DRAFTCity Council Meeting Minutes Page 2 Regular Meeting of September 8, 2015 A. Approve the August 17, 2015 regular City Council meeting minutes as presented B. Approve the August 17, 2015 City Council workshop meeting minutes as presented C. Authorize the Tuesday, September 8, 2015 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 a Major Temporary Outdoor Music Permit for the 152 Club, Inc. for September 26, 2015 located at 5794 Main Avenue NE E. Approve a One-Day Temporary 3.2% Malt Liquor License for the Church of St. Albert’s Annual Parish Festival to be held on October 11, 2015 and Approve the Closure of Lander Ave NE between the Church of St. Albert and the Parish Center Motioned by Sorensen, seconded by Olson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS – None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Olson reported the FYCC Board approved the operating budget in August and the fiscal year began September 1, 2015. He stated that FYCC now has updated job descriptions and annual review forms for staff. 2). Draft Planning Commission Minutes – Information Only There was no discussion on the minutes. 3). Business Regulations Hudson invited Danny Waldron of Oaknet Wireless to speak regarding business regulations. Hudson stated that Waldron had three items he would like Council to consider. They are: 1. Door-to-door sales (solicitation) hours (9:00 a.m. to 4:00 p.m.) 2. Co-locating an antenna on the City Hall premises 3. Placement of antennas on private homes Waldron gave a background on his company and stated they are hoping to provide wireless service to Albertville. Waldron stated that his company relies on door-to-door sales as a large part of their marketing and the restricted hours do not allow them to reach all residents. He felt that mailers were not effective and they had increased interest in Otsego when soliciting from 4:00-6:00 p.m. He stated their goal is to let residents know there is another vendor in town. Waldron stated in order to reach subscribers they would need to obtain multiple conditional use permits for multiple antennas in the City. Agenda Page 5 DRAFTCity Council Meeting Minutes Page 3 Regular Meeting of September 8, 2015 Waldron stated that they would like to co-locate an antenna on City premises due to the proximity to the I-94 corridor. An antenna on City Hall would be the main hub for their service. Nafstad stated that he had three areas of concern 1) access to TIES with the School District 2) security of the City building(s) and 3) setting a policy in place as the City has received multiple requests from other companies to locate antennas on City buildings. Waldron stated that access to the TIES line would be Oaknet’s hurdle to overcome and anytime access is needed in a City building, Oaknet could have a City employee present. Hudson stated that discussion of these items may be valuable to the residents if it provides them an alternative for internet service. Lannes stated that there are concerns with insurance as well. Hendrickson suggested they add this item to a future agenda as it seems the details will take a significant amount of time to discuss. Hudson inquired of the City Planner how the dishes would work with the existing code. Brixius stated that if diameter of the dishes and mounting heights on residential homes are within the limits in the code, they may be able to operate within the confines of the code. Brixius suggested that Waldron provide a diagram of proposed antennas to staff and Council. Hudson stated that he had conducted a poll of residents regarding solicitors and the majority of the feedback was that Council keep the status quo. He stated the feedback he received indicated residents felt there are other means to advertise business and there still are a large number of code violations regarding solicitation. He suggested staff provide some informational pieces to residents regarding the code on solicitation within city limits. Waldron asked Council to consider allowing expanded hours for door-to-door sales as a means for potential businesses to use and to not limit current businesses because of past experiences. Waldron stated that the City should balance the right of businesses to market within the community and that the restrictive hours seem to say businesses aren’t welcome in Albertville. Sorensen stated that he has also heard complaints regarding solicitors and had concerns about utilizing staff resources to address violations. Hudson suggested bringing residents up to date on the current regulations. Hendrickson would like to see something in the newsletter. Hudson stated that it is easier from an administrative and law enforcement standpoint to have a blanket provision covering solicitors. Hudson thanked Waldron for coming to the meeting. 4). Lachman Avenue NE Rear Yard Drainage Nafstad reported that Josh Eull, 5496 Lachman Avenue NE, was currently building a new home and has some drainage issues. Nafstad stated Eull would like the City to improve the drainage and would ultimately like the rear-yard swale located in drainage easement and along the rear yard property lines. Nafstad stated the immediate, least expensive option that can be done this year, is to install a rear yard tile line. Nafstad said another option may be regard multiple back yards, but it would be very expensive and he would need to have survey completed before determining if it was even an option. Olson had concerns that there are other properties in town that have this situation Agenda Page 6 DRAFTCity Council Meeting Minutes Page 4 Regular Meeting of September 8, 2015 and if the City fixes this one, they will set a precedent for the others. Sorensen clarified that not all homeowners have been contacted yet. Eull stated that he will talk to the homeowners along the block and if they are all in approval of the drain tile they may not need the re-grading. Nafstad stated the city will pursue the drain tile option and continue to work with Eull. B. Finance 1). 2016 Preliminary Budget and Property Tax Levy Vetsch stated he would like to see the levy no higher than 2.99%. Sorensen said he would not support the proposed 4.99% and would like to see it no higher than 3.5%. Hudson stated he intends to support the 4.99%, but prefers a lower percentage. Hudson and Hendrickson would like future discussion to see if the percentage can be brought down. Motioned by Hendrickson, seconded by Olson, to adopt Resolution No. 2015-031 adopting the 2015 Tax Levy Collectible in 2016. Ayes: Hendrickson, Hudson, and Olson. Nays: Sorensen and Vetsch. Absent: None. MOTION DECLARED CARRIED. Motioned by Hendrickson, seconded by Hudson, to adopt Resolution No. 2015-032 adopting the 2016 Budget. Ayes: Hendrickson, Hudson, and Olson. Nays: Sorensen and Vetsch. Absent: None. MOTION DECLARED CARRIED. Hendrickson suggested they set a workshop for the first meeting in November to discuss the levy again before the final approval in December. Motioned by Hendrickson, seconded by Hudson, to set a budget workshop immediately following the regular City Council on November 2, 2015. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). Set the Truth in Taxation Meeting for December 7, 2015 Motioned by Hendrickson, seconded by Olson, to set the Truth in Taxation meeting for December 7, 2015 at 6:30 p.m. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. C. Fire 1). Fire Update Bullen reported on the number of calls for August and the year to date. He mentioned that Gerald Gerads was promoted to Paid-On-Call Firefighter. He outlined the events the Fire Department will be attending during the month of September. 2). Volunteer Fire Department Ordinance Amendments Bullen stated that changes in the ordinance reflect the current composition of the Fire Department and aligns the code with the Standard Operating Procedures of the department. Bullen invited the Council to a live burn training the department will be conducting. Motioned by Sorensen, seconded by Hendrickson, to Approve Ordinance No. 2015-08 entitled An Ordinance Amending Title 6, Public Safety, Chapter 1, Volunteer Fire Department of the Agenda Page 7 DRAFTCity Council Meeting Minutes Page 5 Regular Meeting of September 8, 2015 Albertville Municipal Code. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. D. Planning/Zoning – None E. City Clerk – None F. Public Works/Engineering – None G. Building – None H. Legal – None I. Administration 1). City Administrator’s Update Nafstad reported the street closure for Open Streets has moved to north of the railroad crossing on Main Avenue NE and surrounding residents and businesses owners have been notified of the change. He stated that staff will be meeting with Wright County and the City of Otsego regarding safety concerns at the CSAH 19 & 70th Street NE intersection. 2). 57th Street NE Right-of-Way Nafstad stated they are beginning work on sidewalks and the parking lots. He stated there was a section of the sidewalk that was slated to be a five foot sidewalk in the original plans and he will be changing that portion of sidewalk to six feet to be consistent with the remainder of the project. 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS September 14 STMA Ice Arena Board, 6:00 p.m. September 21 City Council, 7:00 p.m. September 28 Joint Powers Water Board, 6:30 p.m. Planning Commission, 7:00 p.m. October 5 City Council, 7:00 p.m. October 12 STMA Ice Arena Board, 6:00 p.m. October 13 Planning Commission, 7:00 p.m. October 19 City Council, 7:00 p.m. October 26 Joint Powers Water Board, 6:30 p.m. SEPTEMBER Su M Tu W Th F Sa 1 2 3 4 5 6 H 7 CC 8 9 10 11 12 13 Ice 14 PC15 16 17 18 19 20 CC 21 22 23 24 25 26 27 JP28PK 29 30 OCTOBER Su M Tu W Th F Sa 1 2 3 4 CC 5 6 7 8 9 10 11 Ice 12 PC13 14 15 16 17 Agenda Page 8 DRAFTCity Council Meeting Minutes Page 6 Regular Meeting of September 8, 2015 18 CC 19 20 21 22 23 24 25 JP26 27 28 29 30 31 10. ADJOURNMENT Motioned by Hudson, seconded by Sorensen, to adjourn the meeting at 7:27 p.m. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 9 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\092115\2015-09-21 Finance Bills Report (RCA).doc Meeting Date: September 21, 2015 September 17, 2015 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, September 21, 2015 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 10 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\092115\2015-09-21 Memo of Understanding for Salt Purchase RCA.doc Meeting Date: September 21, 2015 September 17, 2015 SUBJECT: CONSENT - PUBLIC WORKS - MEMORANDUM OF UNDERSTANDING BETWEEN WRIGHT COUNTY AND THE CITY OF ALBERTVILLE TO PURCHASE SALT FOR THE 2015-2016 SNOW AND ICE REMOVAL SEASON RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve the Memorandum of Understanding between Wright County and the City of Albertville for the Purchase of Salt for the 2015-2016 Snow and Ice Removal Season at a cost of $82.46 per ton, which is subject to fuel escalation. BACKGROUND: Since 2006, the City of Albertville has purchased salt from Wright County. Public Works loads the salt at the Wright County Maintenance Facility in Otsego on an as needed basis. Reimbursement for the salt is based on the predetermined price per ton and the quantity hauled. KEY ISSUES: • The County facility is nearby and convenient. • Bulk purchasing allows for reduced material and shipping costs. • The City has limited salt storage capabilities/facilities. POLICY CONSIDERATIONS: It is City policy for Council to review and approve all service and purchasing agreements. FINANCIAL CONSIDERATIONS: The City annually budgets for ice control. The annual cost of snow and ice removal is weather dependant and varies with each season. The unit price of the salt for the 2015-2016 season is $82.46 per ton, plus fuel escalation if applicable. Total annual cost is based on quantity of salt used. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve agreements on behalf of the City pursuant to Minnesota State Law. Responsible Person/Department: Tim Guimont, Public Works Supervisor Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: 2015-2016 Wright County Memorandum of Understanding Agenda Page 11 MEMORANDUM OF UNDERSTANDING Between WRIGHT COUNTY and CITY of ALBERTVILLE This Memorandum of Understanding is entered into between Wright County (hereafter called County") and the City of Albertville (hereafter called "City ") and sets forth the respective parties' agreement regarding the City storage and purchase of salt from the County at the County's storage facility at their maintenance facility in Otsego. It is hereby understood and mutually agreed to between the parties that: 1) The County will make salt available for the 2015 -2016 snow /ice control season, from their salt storage facility in Otsego, to the City of Albertville at the following prices: Price /Ton 10% Fee Sales Tax Total Cost Salt 74.96* 7.50 0.00 $ 82.46 FOB Otsego Salt prices will also be subject to a Fuel Clause in our state salt contract that states that an increase of over 20% in fuel costs will be passed on to the customer. 2) It is understood that the City will pick up their own materials from this facility using Wright County's loader and the City's trucks. 3) A daily journal, to be kept for billing purposes, must be used by the City to record each load that is picked up by the City personnel. Quantities must be submitted monthly, in writing or by fax (763- 682 - 7313), to the Wright County Highway Department. Quantities submitted by phone call will not be acceptable. 4) The quantity of the load for each truck will be determined initially by weighing the truck with and without load at a certified scale. 5) This Memo of Understanding will be in effect until May 15, 2016. It will be reviewed by both parties after the 2015 -2016 snow /ice control season to determine any needed modifications for the next year's renewal. FOR THE COUNTY OF WRIGHT FOR THE CITY OF ALBERTVILLE County Board Chair Mayor Dated: Dated: Agenda Page 12 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\092115\Guardian Angels RCA (LOC Reduct 2).doc Meeting Date: September 21, 2015 September 17, 2015 SUBJECT: CONSENT– GUARDIAN ANGELS - LETTER OF CREDIT REDUCTION NO. 1 RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approval of the following motion: MOTION TO: Reduce Letter of Credit No. 163905277 held as security for the Guardian Angels development from $31,200 to no less than $24,500, conditioned on any outstanding balances owed to the City being paid in full. INFORMATION: The Letter of Credit is held as warranty security for the municipal improvements and landscaping improvements and is currently in the amount of $31,200. The project has surpassed the one year anniversary of the warranty period and staff is not aware of any deficiencies or needed repairs. Assuming the Developer is current with all fees owed to the City, it is recommended that Letter of Credit No. 163905277 be reduced to no less than $24,500. The recommended reduced balance represents 5% of the municipal improvements surety and 25% of the landscaping surety, as described by the development agreement. KEY ISSUES: • Current amount of LOC is $31,200 and it is recommended that it be reduced to $24,500. • Recommendation is consistent with agreements and approvals. • The two year warranty period for the municipal improvements will begin upon acceptance. POLICY CONSIDERATIONS: It is City policy to have all letter of credit reductions approved by the City Council FINANCIAL CONSIDERATIONS: There are no financial implications for this request. LEGAL CONSIDERATIONS: The City has the legal authority under the Development Agreement to reduce the letter of credit upon completion of the required improvements or deny requests for reduction if the required improvements are found unacceptable. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: None Agenda Page 13 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\092115\Hunters Pass 2 RCA (LOC Reduct 3).doc Meeting Date: September 21, 2015 September 17, 2015 SUBJECT: CONSENT - HUNTERS PASS ESTATES 2ND ADDITION - LETTER OF CREDIT REDUCTION NO. 3 RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approval of the following motion: MOTION TO: Accept the municipal improvements and to reduce Letter of Credit No. 2220 held as security for the Hunters Pass 2nd Addition development from $37,170 to no less than $15,973, conditioned on any outstanding balances owed to the City being paid in full. BACKGROUND: Nathan Jones of Tollberg Homes has requested a reduction to the letter of credit held for the Hunters Pass 2nd Addition. The Letter of Credit is held as performance and warranty security for the road improvements and various site improvements and is currently in the amount of $37,170. Assuming the developer is current with all fees owed to the City and based on work completed to date, it is recommended that Letter of Credit No. 2220 be reduced to no less than $15,973. The reduced balance is believed to be sufficient surety and is consistent with the development agreement. It is also recommended that municipal improvements, as required by the development agreement, be accepted and the two-year warranty period commence. KEY ISSUES: • Current amount of LOC is $37,170 and it is recommended that it be reduced to $15,973. • Recommendation is consistent with agreements and approvals. • The two year warranty period for the municipal improvements will begin upon acceptance. POLICY CONSIDERATIONS: It is City policy to have all letter of credit reductions approved by the City Council FINANCIAL CONSIDERATIONS: There are no financial implications for this request. LEGAL CONSIDERATIONS: The City has the legal authority under the Development Agreement to reduce the letter of credit upon completion of the required improvements or deny requests for reduction if the required improvements are found unacceptable. Submitted Through: Adam Nafstad, City Administrator-PWD On File: LOC Reduction History Agenda Page 14 ST. MICHAEL-ALBERTVILLE ICE ARENA BOARD MINUTES September 14, 2015 6:00 p.m. Present: Chairman Chris Schumm, Members Gayle Weber, John Vetsch, Cody Gulick (6:07), and Walter Hudson were present. Member Jeff Lindquist was absent. Also present: STMA Ice Arena Manager Grant Fitch, City Administrator Adam Nafstad, City Finance Director Tina Lannes, Jason Johnson, Jerr Johnson, Brian Benson, John Hayden, Youth Hockey Association President Josh Opiola, Roger Lucy, Tammy Tupper and Chris Hanson. The meeting was called to order at 6:05 p.m. by Chairman Schumm. Set Agenda Members Weber\Vetsch moved to set the agenda as presented. All voted aye. Approval of Minutes Members Weber\Hudson moved to approve the minutes of the April 13, 2015 Board Meeting as presented. All voted aye. Finance Reports Lannes noted that there were two sets of financial reports that needed to be approved separately. In addition Lannes pointed out the Kraft Hockeyville monies in the amount of $40,000 noted as restricted in the Dedicated Capital Improvement Fund. Members Vetsch\Weber moved to approve the April list of claims totaling $5,865.57 and the April Financial Report as presented. All voted aye. Members Vetsch\Hudson moved to approve the May-August list of claims totaling $34,814.09 and the August Financial Report as presented. All voted aye. Arena Manager’s Report Fitch updated the Board with a summary of the summer operations. Member Vetsch asked about the North wall with regards that there appears to be moisture and if staff was looking at options. Nafstad mentioned that staff was looking into options, but the new dehumidification system has helped. Fitch mentioned that the Learn to Skate program did not have any coaches available so there was, at this point, no program for the 2015-2016 ice rental year. There was discussion amongst staff, the Board and Youth Hockey about the potential loss of this program and what options were available. Staff will continue to work with Community Education and Youth Hockey to see if there is a way to continue to offer the Learn to Skate program. Staff presented the music licensing requirements and was looking for direction from the Board about securing a license from BMI75. Members Hudson\Gulick moved to purchase the annual music license not to exceed $1,000. All voted aye. Agenda Page 15 STMA Ice Arena September 14, 2015 Minutes Page 2 There was discussion on the annual maintenance including the upcoming matting replacement, painting, and board cleaning. Chairman Schumm asked if we have a replacement plan for all major items in the Arena. Nafstad mentioned that staff does have a deferred maintenance plan, but there is no funding on the items. Finch informed the Board about projects that staff needs direction. The high school would like doorways between locker rooms so they could open them up as one large room so they can talk to all athletes at the same time verses separately depending on if they are Varsity or JV. The Board had a discussion to get a full understanding of the request. In addition, they also discussed the locker room roof repair, exterior painting, and parking lot striping. The funding for these projects, including adding a door between locker rooms (boys and girls) is an estimated cost of $28,000 which would come from the Dedicated Capital Improvement Fund. Members Vetsch\Gulick moved to go forward with all the projects discussed which include both boys and girls locker room doorways to be added, locker room roof repair, exterior painting, and parking lot striping. All voted aye. Youth Hockey Association Opiola updated the Board that the hockey registration shows the numbers are equal to last year and still increasing and at the introductory level. The STMA Youth Hockey Association will be featured in the USA Hockey Magazine on how they recruit and retain members. Chris Hanson updated the Board that they have been working hard to help get the second sheet of ice. They reviewed council minutes from both cities including the spring of 2011 and honor the statements on record. On the record, Albertville Council stated that the Association would need to bring $600,000 to the table before starting the second sheet and St. Michael stated $1,000,000. Chris Hanson officially notified the group and Board that Youth Hockey Association has procured the means to bring $1,000,000 forward as asked for and requested. The funding includes $40,000 from Kraft Hockeyville, $210,000 cash, $500,000 line of credit from two banks, and $250,000 from the Mighty Ducks Grant. Youth Hockey Association will continue to fundraise to pay back the line of credit. In order to fundraise, they need a formal funding plan. Youth Hockey is asking the entities to apply for the Mighty Ducks Grant. If we receive the matching grant, the monies must be spent within 16 months of receiving the grant. Nafstad stated there are a lot of unknowns, but the request tonight is to put in the application for the 2015 monies available. In the application, we need to acknowledge that we do not have all the answers such as cost, funding, timing etc. Youth Hockey representatives, the STMA Ice Arena Board and Staff discussed the topic of the second sheet of ice for a period of time covering a variety of topics. The Board congratulated Youth Hockey for achieving the $1,000,000 goal. Adjourn Members Vetsch\Gulick moved to adjourn at approximately 7:47 p.m. All voted aye. Attest: __________________________________ Tina Lannes, City Finance Director Agenda Page 16 Mayor and Council Communication M:\Public Data\City Council\Council Packet Information\2015\092115\2015-09-21 Fire Update.doc Meeting Date: September 8, 2015 September 17, 2015 SUBJECT: FIRE DEPARTMENT UPDATE GENERAL ADMINISTRATION: • Reserve Firefighter Job Posting o Open until October 16th  Posted on both Cities’ Web Sites and Press News • Received our Assistance to Firefighters Grant for 8 sets of turn-out gear o $21,330 from the Grant o $1,066 in local matching o $22,396 total • Received a donation from the Albertville Lions of $5,000 o Will be used to help purchase a new Thermal Imaging Camera • Fire Inspector I class starting Monday, October 19th o 5 spots in class reserved for Albertville Fire o Fire Chief will be at these classes the next 11 weeks (Monday nights) • Wright County Snowplowing IAP UPCOMING EVENTS: • Friday, October 2nd = Homecoming Football Game • Sunday, October 4th = Live Burn Training – 7423 Kadler Ave NE Responsible Person/Title: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: None Agenda Page 17 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\092115\2015-09-21 RCA to Prairie Run Lots.doc Meeting Date: September 21, 2015 September 17, 2015 SUBJECT: LEGAL – SALE OF TAX FORFEITED LOTS IN PRAIRIE RUN RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the purchase agreement to sell lots 1-15, Block 1, Prairie Run to Fieldstone Family Homes for $25,000 per lot. BACKGROUND: In 2004 the City of Albertville approved the plat of Prairie Run, which contained 28 “detached townhome” lots abutting CSAH 18, 25 regular single-family lots and one commercial lot. The City agreed to install utilities and roads in the Prairie Run subdivision and special assess the costs of the improvements to the properties in the plat. The City obtained a Letter of Credit in the amount of 50% of the cost of the improvements, but the Letter of Credit was from Alpine Capital, a private financing company (not a bank). The plat immediately experienced drainage problems arising from engineering/design errors, which held up construction on a number of the lots while litigation ensued. About the time the litigation ended, the housing bust arrived, which essentially halted all lot sales. After the dust settled, there were 2 cul-de-sac lots remaining unbuilt upon that had special assessments outstanding and 15 detached townhome lots in the same position, as well as one commercial lot upon which no special assessment payments had been made. Because the taxes and special assessments were not paid on any of these lots, the City made the payments on the bond that financed the project using money from other City funds. All of these vacant lots went tax forfeit. The City acquired the 2 cul-de-sac lots (and has since sold them) and the 15 detached townhome lots from the state for minimal consideration ($100 per lot) in the hope that the City can sell the lots and recover some or all of its lost special assessments. The City had previously acquired an additional 10 detached townhome lots from Alpine Capital in settlement of its default on its Letter of Credit. To date, the City has sold the 2 cul-de-sac lots for $79,400, and has contracted with Fieldstone Family Homes to sell the 10 detached townhome lots acquired from Alpine Capital for a total of $185,000 (an average of $18,500 per lot) and has given Fieldstone a right of first refusal on the remaining 15 detached townhome lots. Fieldstone has closed on 4 of the 10 Alpine lots so far, with the remainder of the lots to be purchased by next May. Because Fieldstone has a right of first refusal on the 15 detached townhome lots and because it is having very good success marketing homes on the lots it has purchased from the City, City Staff approached Fieldstone to see if they would be interested in purchasing the remaining 15 detached Townhome lots. City Staff and Fieldstone have negotiated a purchase price of $25,000 per lot for each of the 15 lots. Agenda Page 18 Mayor and Council Request for Action – September 21, 2015 Tax Forfeited Lots in Prairie Run Page 2 of 2 M:\Public Data\City Council\Council Packet Information\2015\092115\2015-09-21 RCA to Prairie Run Lots.doc Meeting Date: September 21, 2015 Staff is now seeking City Council approval of the sale of the 15 remaining residential lots to Fieldstone with closings on three lots every six months beginning September 1, 2016 with the final three lots to be closed by September 1, 2018. The proposed purchase agreement is very similar to the prior purchase agreement (selling the 10 Alpine lots) except that the proposed purchase agreement does not require the installation of pine trees in the back yards to screen CSAH 18 since each lot already has several pine trees that were planted approximately 10 years ago. KEY ISSUES: • Total sale price for all 15 lots is $375,000. • The proceeds of the sale will reimburse the City for costs already incurred by the City in installing municipal improvements to the properties (essentially recovering the original special assessments). • This sale will keep the City roughly on schedule for breaking even on the Prairie Run development, assuming that the remaining commercial lot eventually sells for the amount of the special assessments that are owed on the property (i.e. the City will have broken even on all of the residential lots). • The lots will close in stages over a three-year period. • City Staff believes that the special assessments on the commercial lot will remain outstanding for many years in the future. POLICY/PRACTICES CONSIDERATIONS: The City acquired these lots with the intent of selling them and applying the proceeds to reimburse the City for money it had previously spent on municipal improvements for these lots. This proposed sale will carry out that intent. FINANCIAL CONSIDERATIONS: As the last of the residential lots in Prairie Run, the City will roughly break even on the residential properties, leaving only the one commercial property still owing special assessments. LEGAL CONSIDERATIONS: State law allows the City sell these properties to any party it desires. The City need not advertise for bids on the properties. Responsible Person/Department: Mike Couri/City Attorney; Tina Lannes/Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD ATTACHMENTS: Proposed Purchase Agreement Agenda Page 19 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 1 VACANT LAND PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the “Agreement”) is made as of the ______ day of September, 2015, by and between the City of Albertville, a Minnesota municipal corporation (“Seller”), and Fieldstone Family Homes, Inc., a Minnesota corporation (“Buyer”). R E C I T A L S: WHEREAS, Seller is the owner of the following residential lots (individually, a “Lot” and collectively, the “Property” or sometimes, the “Lots”) located in the City of Albertville, Minnesota, that are legally described as Lots 1-15, Block 1, Prairie Run, Wright County, Minnesota; WHEREAS, the Property is encumbered by that certain Planned Unit Development Agreement dated July 6, 2004, between Seller and Gold Key Development, Inc., that was recorded in the Office of the County Recorder in and for Wright County, Minnesota on December 22, 2004 as Document No. A940358 (the “PUD Agreement”); and WHEREAS, the parties desire to memorialize this agreement concerning the sale by Seller to Buyer, and the purchase by Buyer from Seller, of the Lots. NOW, THEREFORE, in consideration of the foregoing and for other valuable consideration, the parties agree as follows: 1. SALE OF LOTS. This Agreement contemplates closings upon the purchase and sale of the Lots (each, a “Closing” and, collectively, the “Closings”) at different times in accordance with the following: a. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase and accept from Seller, fee title to the Lots according to the following schedule: 1. Buyer shall purchase three Lots by September 1, 2016. 2. Within every six months thereafter, the Buyer shall purchase an additional three Lots until all Lots have been purchased. 3. Buyer shall determine in what order the Lots shall be purchased. 4. Buyer may purchase more than three Lots at a time, and may purchase Lots ahead of the schedule required herein. In the event the Buyer purchases Lots ahead of schedule, Buyer may “skip” the purchase of Agenda Page 20 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 2 one or more Lots in a required six month purchase period, provided that by the end of such six month period, the total number of Lots purchased by Buyer under this Agreement is consistent with the Lot purchase timeline set forth herein. b. To confirm its selection of the identity and sequencing of each Lot that it purchases hereunder, Buyer shall, from time to time, deliver a written notice to that effect to Seller for each Lot that Buyer purchases hereunder (a “Notice of Exercise”). The Notice of Exercise shall designate the Lot or Lots that Buyer desires to purchase and shall also designate the date that Buyer desires for the Closing upon its purchase of such Lot or Lots, which date (the “Closing Date”) shall occur no later than ten (10) business days after Buyer’s delivery of the Notice of Exercise. 2. EARNEST MONEY/PURCHASE PRICE FOR LOTS. Buyer agrees to pay to Seller the sum of Twenty-Five Thousand Dollars ($25,000.00) per Lot, with a total purchase price of $375,000 for all fifteen Lots (the “Purchase Price”), payable as follows: a. Upon Buyer’s execution and delivery of this Agreement, Buyer shall pay to Seller, in immediately available funds, the sum of Twenty-Five Thousand and 00/100 Dollars ($25,000.00) (the “Earnest Money”); and b. At the Closing of Buyer’s purchase of each Lot, Buyer shall, subject to prorations and adjustments as provided herein, pay $25,000 per lot in cash or wire transfer of immediately available funds, for the applicable Lot or Lots being purchased. c. The Earnest Money shall be held by the City and credited against the Purchase Price of the last Lot purchased by Buyer. d. On or before the date of the expiration of thirty months after the date of this Agreement, Buyer shall have purchased all fifteen Lots that are the subject of this Agreement for a total of $375,000. 3. SAC/WAC CHARGES. Buyer shall be responsible for paying City sewer and water access charges applicable to each Lot purchased by Buyer hereunder prior to the issuance of a building permit for such Lot. 4. SELLER’S WARRANTIES. Seller warrants as follows: a. To the best of the Seller's knowledge there are no hazardous wastes, abandoned wells, or underground storage tanks on the Lots. Agenda Page 21 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 3 b. Seller warrants that the Lots DO NOT receive preferential tax treatment (i.e., Green Acres, etc.), and may be listed as non-homestead or tax exempt property for the current tax year. c. Seller shall not reassess the properties pursuant to Minn. Stat. 429.071, Subd. 4 for the special assessments that were originally levied under the terms of the PUD Agreement. 5. BUYER COVENANTS. Buyer agrees as follows: a. Buyer shall construct on each Lot purchased by Buyer hereunder a home containing at least 900 finished square feet and garages no smaller than 22 feet by 22 feet. At least twenty percent (20%) of exterior front facades shall include brick or stone. b. All homes constructed by Buyer shall comply with all zoning regulations, including all applicable planned unit development approvals. d. In connection with each residence that Buyer desires to construct upon a Lot purchased by Buyer hereunder, Buyer shall provide the Seller with a lot survey and building plans as required by City Ordinance before a building permit can be issued for the proposed residence on such Lot. 6. RIGHT OF FIRST REFUSAL: Buyer has previously been granted a right of first refusal in Lots 1-15, Block 1. Said Right of First Refusal shall terminate upon the execution of this Purchase Agreement. 7. DEED/MARKETABLE TITLE: As Buyer pays for each Lot, Seller shall deliver a general Warranty Deed conveying marketable title to such Lot, subject to the “Permitted Exceptions” (as hereafter defined in Paragraph 7.a.-i. of this Agreement) including, without limitation: a. Building and zoning laws, ordinances, state and federal regulations; b. Restrictions relating to use or improvement of the property without effective forfeiture provisions; c. Reservation of any mineral rights by the State of Minnesota; d. Utility and drainage easements of record; Agenda Page 22 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 4 e. Modification of that document known as City of Albertville Planned Unit Development Prairie Run, recorded as document number 940358 at the Wright County Recorder’s Office (“Development Agreement”) to be consistent with the City’s ordinance requirements applicable to the Prairie Run plat and the requirements of this Agreement. f. The City of Albertville Planned Unit Development Agreement recorded as document number 940358 in the Wright County Recorder’s Office, except that paragraphs 1.B., 1.D., 1.E., 1.I., 2, 3, 5, 6, 7, 8, 9, 10, 13.C., 13.F. 13.G, 13.I., 14.C., 15.A., 15.B., 16, 17, 18, and 20, shall not apply to the Buyer. g. Any item designated in the title commitment described in paragraph 8 below to which Buyer does not make an Objection, also as defined in paragraph 8 below; h. Any other exception to title which Buyer determines, in writing and in its sole discretion, to be acceptable. 8. TITLE & EXAMINATION: Seller shall, within a reasonable time after acceptance of this agreement, provide a title commitment (“Commitment”) issued by a national title insurance company (the “Title Company”), certified to date to include proper searches covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments. Buyer shall be allowed 10 business days after receipt of such Commitment for examination of title and making any objections which shall be made in writing or deemed waived (each, an “Objection” and collectively, the “Objections”). If any Objection is so made, Seller shall have 20 business days from receipt of Buyer’s written title objections to notify Buyer of Seller’s intention to make title marketable and subject only to the Permitted Exceptions within 60 days from Seller’s receipt of such written objection. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within 10 days after written notice to Buyer the parties shall perform this Agreement according to its terms. If no such notice of Objections is given or if notice is given but title is not corrected within the time provided for, Buyer may, at its sole discretion, do one or more of the following: a. For Objections with respect to liens of a liquidated amount that were created or assumed by, or asserted against, Seller or Seller’s predecessors in title, and that Seller fails to pay or discharge on or before any Closing, proceed to such Closing and withhold from the Purchase Price an amount which, in the reasonable judgment of the Title Company, is sufficient to assure cure of the Objections. Any amount so withheld shall be placed in escrow with the Title Company. Seller shall pay the cost and expense to create and administer the escrow. If Seller does not cure such Objections within sixty (60) days after such escrow is established, Buyer may then cure such Objections within a reasonable time and charge the costs against the escrowed amount. The parties agree to execute and deliver such documents as may be reasonably required by the Title Company Agenda Page 23 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 5 to cure such Objections. Upon cure of such Objections, any unused escrow funds shall be refunded to Seller; b. Waive the Objections, accept title subject to the Objections, and proceed to such Closing, in which event such Objections shall be considered Permitted Exceptions, and in which case the parties shall remain obligated to perform pursuant to the terms of this Agreement, with no reduction of Purchase Price; or c. Terminate this Agreement by sending written notice to Seller or, if the uncured Objections affect fewer than all of the Lots, terminate the Agreement with respect to only those Lots that are affected by the uncured Objections. Upon delivery of such notice of the termination of the entire Agreement, the Earnest Money shall be refunded to Buyer, and this Agreement shall be deemed terminated. Upon delivery of a notice of termination of this Agreement with respect to only those Lots that are affected by the uncured Objections, this Agreement shall remain in effect with respect to all Lots that are not affected by the uncured Objections, Seller shall retain the Earnest Money and credit the same in accordance with the provisions hereof, and this Agreement shall be deemed terminated with respect to only those Lots that are affected by the uncured Objections. If Seller provides a Commitment pursuant to this paragraph, (1) the title examination period shall commence upon Buyer’s receipt of the Commitment and (2) Seller shall pay only the cost of the Commitment and not the premium cost of any insurance Buyer may choose to obtain. It is acknowledged that Buyer will be obtaining and reviewing updated title reports for each Lot at Buyer’s expense as Buyer deems necessary or desirable.. Whether or not Buyer provides Seller with notice of Objections following its receipt of the initial Commitment as set forth above in this Section, Buyer may, at its option, at or prior to Closing upon any Lot, notify Seller in writing of any Objections to title first raised by the Title Company between (a) the effective date of the Commitment, and (b) the Closing Date for such Lot, provided such Objection did not arise as a result of Buyer’s actions, and provided such Objection is not a Permitted Exception. With respect to any Objections to title set forth in such notice, if Seller does not elect to cure such additional Objections, Buyer shall have the options set forth above in this Section 8. 9. REAL ESTATE TAXES. a. For each Lot purchased by Buyer hereunder, real estate taxes payable in the year of sale shall be prorated between Buyer and Seller to the Closing Date for such Lot. Delinquent real estate taxes shall be paid in full by Seller prior to such Closing Date. Buyer shall accept title to each Lot subject to the lien of real estate taxes payable in the year after Closing. Seller warrants taxes due and payable in the year of Closing for each Agenda Page 24 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 6 Lot will be NON-HOMESTEAD classification. Seller makes no representation concerning the amount of subsequent real estate taxes. b. Special Assessments shall be paid as follows: For each Lot purchased by Buyer hereunder, Seller shall pay all levied and outstanding special assessments at or before the Closing of such Lot. c. Seller shall pay on the Closing Date for each Lot purchased by Buyer hereunder any deferred real estate taxes (i.e.. Green Acres, etc.) which are required as a result of the Closing of the sale of any Lot hereunder. 10. ACCEPTANCE: Buyer understands and agrees that this Agreement is subject to acceptance by Seller in writing. 11. INSPECTION: Buyer has the right to inspect each Lot prior to Closing upon its purchase thereof. 12. DEFAULT: If Buyer defaults in any of the agreements herein, Seller may, as its sole remedy available at law or in equity, choose to terminate this Agreement pursuant to Minn. Stat. § 559.21 and, upon such termination, payments made hereunder may be retained by Seller, including earnest money. In the event of Sellers’ default hereunder, Buyer may pursue a claim for specific performance; provided, as to specific performance, such action must be commenced within one-year after such right of action arises. 13. TIME OF ESSENCE: Time is of the essence in this Agreement. 14. ENTIRE AGREEMENT: This Agreement, any attached exhibits and any addenda or amendments signed by the parties, shall constitute the entire Agreement between Seller and Buyer, and supercedes any other written or oral agreements between Seller and Buyer. This Agreement can be modified only in writing signed by Seller and Buyer. 15. POSSESSION: Seller shall deliver possession of each Lot purchased by Buyer hereunder to Buyer not later than the date of closing of the purchase and sale of such Lot. [Signature Page Follows] Agenda Page 25 Seller and Buyer Initial: Seller __________________ Date___________ Buyer __________________ Date___________ 084029-003/3791411-edit 1 7 CITY OF ALBERTVILLE FIELDSTONE FAMILY HOMES, INC., a Minnesota corporation ______________________________ By: Jillian Hendrickson, Mayor Date Name: Its: ______________________________ Dated: , 2015 Kimberly A. Olson, City Clerk Buyer’s Signature Date Buyer’s Printed Name DATE OF FINAL ACCEPTANCE_____________________ THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Agenda Page 26 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\092115\2015-09-21 Mighty Ducks RCA.doc Meeting Date: September 2, 2014 September 16, 2015 SUBJECT: ADMINISTRATION – MIGHTY DUCKS GRANT APPLICATION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution of STMA Arena Mighty Ducks Grant Application BACKGROUND: Over the past decade the Arena Board, City of Albertville, ISD 885, City of St. Michael and Youth Hockey Association have discussed the need for a second sheet of ice at the STMA Arena. During this time, the groups have commissioned: feasibility reports, concept plans, site and geotechnical surveys, and most recently a demand study prepared by the Minnesota Amateur Sports Commission. Also, several years ago, the School District purchased the land needed to expand the existing facility. Construction cost estimates discussed over the years have ranged from approximately $4,000,000 to $6,000,000, and up. In 2011, the Youth Hockey Association (YHA) requested the Arena Board specify a fundraising figure that would potentially trigger the project. In general, the dollar amount YHA was tasked with was $1,000,000. At the recent Arena Board meeting YHA presented their plan for a $1,000,000 contribution, which ideally would include $250,000 from the Mighty Duck program. The YHA’s proposed funding sources include cash reserves, a bank note, and the Kraft Hockeyville money. At the request of the YHA, the Arena Board directed staff to submit a grant application for 2015 Mighty Ducks grant program. KEY ISSUES: • The resolution states the Arena Board’s desire to construct a second sheet of ice at the current facility. • There is no formalized or approved financing plan for the construction of the second sheet of ice. • The Arena Board will assume responsibility for the matching contribution if there is an award of funds. • The application is due October 1 and it is understood grant recipients will be announced this fall. • If awarded a Mighty Duck grant, the Arena Board would need to commit to completing a project in 18 months. POLICY CONSIDERATIONS: It is the City’s policy to review and approve all grant applications where the City is involved in. FINANCIAL CONSIDERATIONS: Currently there is no financial commitment for the City for submitting this grant application. Agenda Page 27 Mayor and Council Request for Action – September 21, 2015 Mighty Ducks Grant Application Page 2 of 2 M:\Public Data\City Council\Council Packet Information\2015\092115\2015-09-21 Mighty Ducks RCA.doc Meeting Date: September 8, 2015 Submitted Through: Adam Nafstad, City Administrator - PWD Attachments: STMA Ice Arena Resolution Agenda Page 28 Resolution of STMA Arena Mighty Ducks Grant Application WHEREAS, the City of Albertville (“Albertville”), the City of St. Michael (“St. Michael”), and Independent School District #885 (“School”) entered into a joint powers agreement (“JPA”) on _____________ to provide for the construction and operation of an ice arena (“Facility”) located in the City of Albertville; and WHEREAS, the JPA created the St. Michael – Albertville Ice Arena Joint Powers Board (“Arena Board”); and WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State General Fund, provides for general funds to assist political subdivisions of the State of Minnesota for the fulfillment of the purpose and goals of the Mighty Ducks Grant Program, and WHEREAS, the Arena Board desires to construct a second sheet of ice at the STMA Ice Arena located at the existing Facility; and WHEREAS, the Arena Board is working to determine the financial feasibility of a second sheet facility and has not formalized or approved a financing plan to construct a second sheet of ice; and WHEREAS, Albertville, St. Michael, and the School have not determined what, if any, amount individually each entity could contribute to a second sheet of ice; and WHEREAS, the Arena Board has directed its staff to prepare and submit an application to MASC for funding through the 2015 Mighty Ducks Ice Arena Grant Program to assist with construction of a second sheet of ice. NOW, THEREFORE, Albertville, St. Michael, the School and the Arena Board agree as follows: 1) The Arena Board is requesting $250,000, or the maximum amount available, from the Mighty Ducks Grant Program and will assume responsibility for a matching contribution, if a grant is awarded and accepted by the Arena Board. 2) The Arena Board agrees to own, assume 100 percent of operational costs for the facility, and will operate the facility for its intended purpose for the functional life of the facility. 3) It is understood that the Arena Board will need to enter into necessary and required agreements with the MASC for the specific purpose of completing the project, if a grant is awarded and accepted by the Arena Board. 4) That a request for reimbursement be made to the MASC for the amount awarded after the completion of the project. 5) That the Albertville City Administrator and/or the Arena Board Chairperson is authorized and directed to execute said application and serve as the official liaison with the MASC. Agenda Page 29 Dated: _________________, 2015 CITY OF ALBERTVILLE CITY OF ST. MICHAEL _______________________ __________________________ Mayor Mayor _______________________ __________________________ Clerk Clerk INDEPENDENT SCHOOL DISTRICT #885 _______________________ Superintendent ST. MICHAEL – ALBERTVILLE ICE ARENA JOINT POWERS BOARD ________________________ By: __________________ Its: __________________ Agenda Page 30 City Administrator’s Update September 17, 2015 GENERAL ADMINISTRATION STMA Arena: At their recent meeting, the Board discussed several maintenance projects as well as creating doorways between Varsity and JV locker rooms for the Boys and Girls hockey teams. Also, the YHA presented their plan for a $1,000,000 contribution to a second sheet of ice, which ideally would include $250,000 from Mighty Ducks. The Board directed staff to submit the 2015 grant application. A resolution that will accompany the grant is included in the packet. Recycling Contract: Staff is negotiating contract renewal options with Republic Services for Council consideration at first meeting in October. The current contract remains effective through 12/31/15 and has options for extensions. Open Streets/Main Avenue NE Road Closure: There were 50 vendors and approximately 2,000 participants at the event. A videographer filmed the event and will create future marketing materials for the annual event. Sponsoring groups propose the next Open Streets STMA take place on September 10, 2016 and in the same location. The location on Main Avenue NE showcased many of the local businesses. A summary sheet is attached. Electronic Sign: We are getting quotes to upgrade the digital display for the City sign at Main Ave NE and CSAH 37. Energy Audit: Staff is working with Johnson Controls to conduct an energy audit of the public buildings. The initial assessment (LEAN Assessment) will be conducted later this fall to determine if there is any significant areas that can be improved upon. Charter Communication: We continue to work with Charter regarding free basic service to the public buildings, per our franchise agreement. Charter’s position is the City needs to pay for the digital boxes now required to receive basic services. Charter informed me that they would be sending us there position in writing soon. ENGINEERING/PUBLIC WORKS 57th Street NE/Church of St. Albert Improvement Project: This week the contractor is prepping the boulevards for sidewalk and completing some miscellaneous storm sewer and drain tile work. Next week crews will be placing concrete walk and paving St. Albert's easterly parking lot. Reconstruction of the Parish Center's parking lot off of Lander Avenue NE will also begin next week. During the week of the 28th, the contractor will focus on boulevard grading and preparing disturbed areas for seed as well as make adjustments to manholes and water valves Agenda Page 31 City Administrator’s Update Page 2 of 2 September 21, 2015 Greenhaven Streets: The contractor is working on the project schedule. We are scheduled to have the pre-construction meeting next week. Once the schedule is set, a second resident letter will be sent out. Main Avenue NE Railroad Crossing: We are still waiting for the agreement from BNSF for the crossing. CSAH 19 and 70th Street NE Intersection: Albertville, Otsego, and County staff met to discuss safety concerns for this intersection. Traffic levels have increased in the past few years and will even more so once 70th Street NE connects to CSAH 37 later this fall. Currently, the cities are planning to improve 70th Street NE (CSAH 19 to MacIver avenue NE) and the intersection in 2018. However, as a proactive approach to the safety issues, the County will be changing the intersection to an all-way stop controlled intersection and will be converting the bypass lanes to right turn lanes. For improved visibility, the stop signs will be edge lit with LEDs. This change is expected to occur in about three weeks. I-94 West Coalition: The St. Cloud Chamber and St. Cloud Area Development Group recently joined the Coalition. The Coalition is planning a Grand Opening/Ribbon Cutting Ceremony for Tuesday, October 13, at the new Fed Ex facility in Rogers. The Governor and MnDOT Commissioner as well as other state and local leaders are scheduled to be there. Invites will go out soon. UPCOMING EVENTS and ANNOUNCEMENTS I-94 Ribbon Cutting: Tuesday, Oct. 13, 11:00 a.m. at new Fed Ex in Rogers Agenda Page 32 September 12, 2015 2nd year Due to construction on 57th, the route moved to Main Avenue between 60th and 58th Streets Vendors set up 8 a.m. –9:30 a.m. The event took place 10 a.m. –2 p.m. 50 participating vendors El Bamba, located on the Open Streets route, served over 900 sales tickets $1 tacos and $2 Churros FREE family activities Inflatables Face painting Dancing in the streets Balloon animals Arts and crafts projects Bike tune-ups Free diabetes testing and Radon kits with the W.O.W Van Albertville Fire Department Civic pride, networking opportunities and a chance for our local businesses to show off how great they are. A videographer and photographer were present this year capturing the event to create future marketing materials Facebook likes have increased by 214 since last year with a post reach over 3,800 the week of the event Approximately 2000 participants enjoyed the streets of Albertville in a whole new way! We would like to propose the same location on September 10, 2016 for OPEN STREETS 2016Agenda Page 33