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2014-12-15 CC Agenda Packet City of Albertville Council Agenda Monday, December 15, 2014 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\2014 Agendas\2014-12-15 CC Agenda.doc Meeting Date: December 15, 2014 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations – Introductions A. Recognition of Council member Dan Wagner B. Years of Service – John Middendorf 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 December 1, 2014 Truth-in-Taxation meeting minutes as presented (pgs 4-5) B. Approve the December 1, 2014 regular City Council meeting minutes as presented (pgs 6-10) C. Authorize the Monday, December 15, 2014 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 the Wright County Assessment Services Agreement for 2016-2017 (pgs 12- 17) E. Approve Resolution 2014-045 designating officials, consulting firms, and depositories for 2015 (pgs 18-21) 7. Public Hearings – None 8. Department Business A. City Council 1). Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, etc.) Agenda Page 1 City of Albertville Council Agenda Monday, December 15, 2014 Page 2 of 3 M:\Public Data\City Council\Council Agendas\2014 Agendas\2014-12-15 CC Agenda.doc Meeting Date: December 15, 2014 B. Legal 1). City Maintenance of Hunters Pass Park and Sidewalks (pgs 22-24) (Motion to adopt Resolution 2014-046, entitled a Resolution Providing for City Maintenance of the Park and Sidewalks in the Plat of Hunters Pass.) C. Finance – None D. City Clerk – None E. Public Works/Engineering – None F. Planning/Zoning – None G. Building – None H. Administration 1). City Administrator’s Update (pg 25) 9. Announcements and/or Upcoming Meetings December 22 Joint Powers Water Board, 6:30 p.m. December 24 Christmas Eve, City Offices Close at Noon December 25 Christmas Day, City Offices Closed January 1 New Year’s Day, City Offices Closed January 5 City Council, 7:00 p.m. January 12 STMA Ice Arena Board, 6:00 p.m. January 13 Planning Commission, 7:00 p.m. January 19 Martin Luther King, Jr. Day, City Offices Closed January 20 City Council, 7:00 p.m. January 26 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. DECEMBER 2014 Su M Tu W Th F Sa CC 1 2 3 4 5 6 7 Ice 8 PC 9 10 11 12 13 14 CC 15 16 17 18 19 20 21 JP22 23 24 H* H 25 26 27 28 JM 29 30 31 JANUARY 2015 Su M Tu W Th F Sa H 1 2 3 4 CC 5 6 7 8 9 10 11 Ice 12 PC 13 14 15 16 17 18 H 19 CC 20 21 22 23 24 25 JP26PK 27 28 29 30 31 Agenda Page 2 City of Albertville Council Agenda Monday, December 15, 2014 Page 3 of 3 M:\Public Data\City Council\Council Agendas\2014 Agendas\2014-12-15 CC Agenda.doc Meeting Date: December 15, 2014 10. 5 Minute Recess – Move to East Conference Room 11. Consultant Reviews 12. City Administrator Review 13. Adjournment Agenda Page 3 Page 1 TRUTH-IN-TAXATION HEARING December 1, 2014 DRAFT MINUTES ALBERTVILLE CITY HALL 6:00 p.m. CALL TO ORDER Mayor Hendrickson called the meeting to order at 6:07 p.m. ROLL CALL Present: Mayor Hendrickson and Council members Sorensen and Wagner Absent: Council members Olson and Vetsch Others present: City Administrator-PWD Adam Nafstad, Finance Director Tina Lannes, City Clerk Kimberly Olson, and Council member-elect Walter Hudson TRUTH-IN-TAXATION Lannes gave a presentation on the proposed budget and levy for 2015. She provided a historical look at the budgets and the percentage of change in the levy for the last several years. She stated the proposed levy is $3,497,147, which is an increase of 5.97% from last year. The operations levy increased 6.22% or $149,197 and the debt levy increased 5.30% or $47,826. Lannes reported operations were increased due to the addition of a full-time Fire Chief, a midyear hire of a Public Works employee, and additional law enforcement coverage. Sorensen inquired about the increase in the debt levy. Lannes stated they were able to review all the bonds this year and the payments will remain relatively flat from now until at least 2023. Lannes provided several charts outlining how and where tax dollars are distributed and listed the changes to revenue and expenses. Hendrickson opened the hearing for public comment. Hudson inquired of the Council and staff what drives the increase in the levy. Lannes replied there are several factors such as debt repayment (bonds), cost of living increases for supplies and services, and the continued provision of essential services to the public. She stated the city also has to continue to increase funding for city streets and infrastructure to keep of up with maintenance and repair needs. Agenda Page 4 Truth in Taxation Meeting Minutes December 1, 2014 Page 2 Nafstad also added that in past years, especially during the recent recession, reserve funds were used to fund projects and now need to be built back up. Nafstad also stated that they have been trying to fund smaller projects and equipment replacement internally. Wagner stated that during his time on the Council, the City has constructed three new buildings and that is quite an undertaking, but was needed. Sorensen also stated that revenue from building permits went way down and that is a huge impact on the City’s budget and levy. Hendrickson stated they also need to repay the SAC fund which had been used to fund other projects and it must be done before the Wastewater Treatment Facility needs to be upgraded. There were no further comments and Hendrickson closed the public hearing. ADJOURN Motioned by Sorensen, seconded by Wagner, to adjourn the meeting at 6:24 p.m. Ayes: Hendrickson, Sorensen, and Wagner. Nays: None. Absent: Olson and Vetsch. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly A. Olson, City Clerk Agenda Page 5DRAFT Page 1 ALBERTVILLE CITY COUNCIL Monday, December 1, 2014 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, Sorensen, Vetsch, and Wagner Absent: Olson Others Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, Finance Director Tina Lannes, City Clerk Kimberly Olson, Public Works Supervisor Tim Guimont, and Council member-elect Walter Hudson 3. RECOGNITIONS-PRESENTIONS-INTRODUCTIONS - None 4. PUBLIC FORUM There was no one present to speak at the meeting. 5. APPROVAL OF THE AGENDA Couri amended the agenda to add Prairie Run Purchase Agreement under Legal. Motioned by Wagner, seconded by Sorensen, to approve the Agenda as amended. Ayes: Hendrickson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: Olson. 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 6 DRAFTCity Council Meeting Minutes Page 2 Regular Meeting of December 1, 2014 A. Approve the November 17, 2014 regular City Council meeting minutes as presented B. Authorize the Monday, December 1, 2014 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request C. Approve Resolution No. 2014-041 entitled a Resolution Establishing the 2015 City Observed Holidays D. Approve Resolution No. 2014-042 establishing the 2015 City Council Regular Meeting Dates Motioned by Sorensen, seconded by Wagner, to approve the Consent Agenda as presented. Ayes: Hendrickson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: Olson. MOTION DECLARED CARRIED. 7. PUBLIC HEARING - None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, etc.) Parks Committee Sorensen reported that delivery of the caboose for Central Park has been delayed until the following week. He also reported that Parks Committee member Mark Barthel has resigned his seat. Council directed staff to advertise the vacant seat. Vetsch reported that Sandy Greninger of FYCC would like to see the Explore Your Parks Night expanded and suggested having one large event at one park instead of smaller events at multiple parks. Vetsch stated that Greninger also hopes to increase the Open Streets event and possibly have the event on Main Avenue NE. Beyond the Yellow Ribbon Steering Committee Sorensen reported that he and Council member Olson attended the monthly steering committee meeting. They discussed a subcommittee for City leadership and Sorensen suggested they hold a joint meeting with the City of St. Michael to discuss that subcommittee. B. Public Works/Engineering 1). Streets and Parks Update Guimont reported staff has been working on the outdoor ice rinks and they plan to open them on Friday, December 5. This is about three weeks earlier than usual. Nafstad reported the Wright County Sheriff’s Office has begun issuing parking citations this month and City Hall has been receiving phone calls. Anyone who received a citation and wishes to dispute it must contact the County. Agenda Page 7 DRAFTCity Council Meeting Minutes Page 3 Regular Meeting of December 1, 2014 C. Finance 1). 2015 Property Tax Levy and Final Budget Lannes stated there have been no changes to levy and budget since it was preliminarily approved in September. The City held the annual Truth-in-Taxation hearing earlier this evening and there were no comments received against the proposed amounts. Motioned by Wagner, seconded by Sorensen, to approve Resolution No. 2014-043 entitled a Resolution Adopting Property Tax Levy Collectible in 2015 and approve Resolution 2014- 044 entitled a Resolution Adopting the 2015 Final Budget. Ayes: Hendrickson, Sorensen, and Wagner. Nays: Vetsch. Absent: Olson. MOTION DECLARED CARRIED. Vetsch noted for the record that he voted against the motion due to the full-time Fire Chief position. D. Legal 1). Prairie Run Purchase Agreement Couri reported that Fieldstone Family Homes, Inc. would like to close on one of the ten Prairie Run lots listed in the purchase agreement and begin construction of a model home. He stated Fieldstone is required in the purchase agreement to purchase the first properties in a group of three lots. All ten properties must be purchased within 18 months of the signed purchase agreement. He stated that in order to accommodate Fieldstone’s request, they would need to waive the contingencies in the purchase agreement regarding the homeowners documents. Couri reported the contingencies in the agreement include the developer to amend the Homeowner’s Association to remove snowplowing, lawn mowing, and irrigation as the City’s responsibility and to remove the Common Interest Community status of the HOA, but still remain a Homeowners Association. Motioned by Hendrickson, seconded by Vetsch, to amend the Prairie Run Purchase Agreement to eliminate the contingencies, allow Fieldstone Family Homes, Inc. to purchase one lot now rather than three at one time, and require the City to use good faith efforts to meet what were the contingencies. Ayes: Hendrickson, Olson, Vetsch, and Wagner. Nays: None. Absent: Olson. MOTION DECLARED CARRIED. Vetsch inquired what would happen if the developer walked away from the sale of the lots. Couri stated they would keep the earnest money, in the amount of $25,000, that is required and the cost of one lot. 2). City Attorney Report Couri reported that a local buyer will be acquiring the Albertville Crossing buildings and are scheduled to close on the properties tomorrow. The acquisition would include Coborn’s and surrounding buildings except the Sherwin Williams building. He stated that the buyer is looking to revitalize the area. Agenda Page 8 DRAFTCity Council Meeting Minutes Page 4 Regular Meeting of December 1, 2014 Couri clarified that the complaint filed against Mayor Hendrickson alleging a violation of Minnesota’s campaign laws was dismissed by the Administrative Law Judge for failure to state a claim. Couri stated the complaint in no way implicates or impacts the City. E. City Clerk - None F. Planning/Zoning - None G. Building - None H. Administration 1). Set Date for Administrator & Consultant Review Nafstad reported they need to set a date and time for year-end reviews for him as well as the legal and planning consultants. He inquired if immediately following the Council meeting on December 15 would work with everyone. Sorensen stated that he would be absent from that meeting, but he would pass along his comments to the City Council prior to then. Council set the reviews to immediately follow the December 15, 2014 regular meeting. 2). City Administrator’s Update Nafstad stated they have four applicants for the vacant Planning Commission seat and are planning to interview the candidates through the Personnel Committee. Nafstad reported they would need to make appointments to various boards and committee at the first meeting of the year and encouraged Council to ponder which committees they would like to remain on or perhaps be removed from. Hendrickson stated the Council could send their comments to her and then staff would bring the proposed resolution to the first meeting in January. Nafstad stated that they will need to add two more committees to the list: Beyond the Yellow Steering Committee and Wright County Area Transportation (WCAT). 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS Sorensen stated he wanted to publicly thank Council member Wagner for his years of service to the City. He stated Wagner always had comments worth listening to, has served the Albertville community well, and will be missed. December 8 STMA Ice Arena Board, 6:00 p.m. December 9 Planning Commission, 7:00 p.m. December 15 City Council, 7:00 p.m. December 22 Joint Powers Water Board, 6:30 p.m. December 24 City Offices Close at 12:00 Noon, Christmas Eve December 25 City Offices Closed, Christmas Day January 1 City Offices Closed, New Year’s Day January 5 City Council, 7:00 p.m. January 12 STMA Ice Arena Board, 6:00 p.m. January 13 Planning Commission, 7:00 p.m. Agenda Page 9 DRAFTCity Council Meeting Minutes Page 5 Regular Meeting of December 1, 2014 January 19 City Offices Closed, Martin Luther King, Jr. Day January 20 City Council, 7:00 p.m. January 26 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. 10. ADJOURNMENT Motioned by Hendrickson, seconded by Sorensen, to adjourn the meeting at 7:38 p.m. Ayes: Hendrickson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: Olson. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 10 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2014\121514\2014-12-15 Finance Bills Report (RCA).doc Meeting Date: December 15, 2014 December 11, 2014 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, December 15, 2014 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. MOTION TO: Authorize the payment of all just claims received by December 31, 2014, which would be the year-end closeout of payments of claims. 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 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2014\121514\2014-12-15 Assessment Services Contract.doc Meeting Date December 15, 2014 December 11, 2014 SUBJECT: CONSENT - FINANCE - WRIGHT COUNTY ASSESSMENT SERVICES AGREEMENT FOR 2016-2017 RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Approve the Wright County Assessment Services Agreement for 2016-2017. BACKGROUND: The Wright County Assessor’s Office has been providing Albertville with assessment services dating back to the early 1990’s. Wright County provides experienced and licensed assessors and has provided consistency in the valuation of properties. The Wright County Assessor’s Office is not proposing an increase in fees for their services in this contract. The rates will remain the same at $10.50 per parcel and $25.00 for each new construction $499,999.00 or less. There will be an additional fee of $100.00 for each new commercial/industrial construction over $500,000.00. The agreement will begin January 2, 2015 and will end June 30, 2017. KEY ISSUES: • Wright County Assessor’s Office has experienced, licensed assessors who specialize in both residential and commercial properties. • The County Assessor is able to provide consistent assessment values across multiple jurisdictions. • There is no increase in rates for this contract. • Due to legislative mandates requiring higher levels of licensure for all Minnesota assessors, this may have an impact on the cost of services in future contracts. POLICY CONSIDERATIONS: It is the City’s policy to evaluate and consider contracts on a case by case basis, seeking the best value for the City. FINANCIAL CONSIDERATIONS: The City has budgets annually for these assessment services. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve agreements that the City enters into pursuant to Minnesota State Law. Responsible Person/Department: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Wright County Assessment Services Agreement Agenda Page 12 Agenda Page 13 Agenda Page 14 Agenda Page 15 Agenda Page 16 Agenda Page 17 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2014\121514\2014-12-15 Official Designations RCA.doc Meeting Date: December 15, 2014 December 11, 2014 SUBJECT: CONSENT - CITY CLERK - 2014 OFFICIAL DESIGNATIONS AND APPOINTMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution 2014-045 designating officials, consulting firms, and depositories for 2015. BACKGROUND: Each year, the City Council must designate City officials, the official newspaper for City legal publications, official depositories, and consultants to the City. These designations will be effective January 1, 2015. Appointments to the City’s various boards and committees are generally approved at the same time; however, this will be done at the first meeting of the New Year to include newly elected Council members. KEY ISSUES: • An Acting Mayor must be appointed in case of absence of the Mayor to conduct a City Council meeting. • All consultants have expressed interest to continue their service. • The North Crow River News has submitted a letter expressing their interest to remain the City’s official newspaper. • Staff recommends the depositories stay the same as the previous year and would include: Bank of Elk River Dain Rauscher Financial Security Bank FTN Financial LMC 4M Fund Northland Securities, Inc. Premier Bank USB Financial Services, Inc. Wachovia Securities LEGAL ISSUES: The Mayor and City Council have the authority to review and approve designations. Responsible Person/Department: Kimberly Olson, City Clerk Submitted by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2014-045 Letter from Crow River News Agenda Page 18 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014-045 A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER, OFFICIAL DEPOSITORIES, AND CITY CONSULTANTS FOR 2015 WHEREAS, it has been the policy of the Albertville City Council to make annual designations and appointments at the beginning of each year, and; WHEREAS, the City Council of Albertville, Minnesota, establishes the following are appointed and designated for the year 2015: Acting Mayor: John Vetsch Animal Control: Monticello Animal Control Assistant Weed Inspector: Public Works Supervisor, Tim Guimont Bond Counsel: Briggs & Morgan Kennedy & Graven Building Official Paul Heins, City of St. Michael City Attorney: Couri & Ruppe, P.L.L.P. City Engineer: Adam Nafstad, P.E. City Planner: Northwest Associated Consultants Consulting Engineer: Bolton & Menk, Inc. Financial Advisor: Northland Securities Springsted, Inc. Official Newspaper: North Crow River News (Sun Media) Official Depositories: Bank of Elk River Dain Rauscher Financial Security Bank FTN Financial LMC 4M Fund Northland Securities, Inc. Agenda Page 19 City of Albertville Resolution No. 2014-045 Page 2 Premier Bank USB Financial Services, Inc. Wachovia Securities/Wells Fargo Tax Increment Consultants: Briggs & Morgan Kennedy & Graven NOW, THEREFORE, BE IT RESOLVED, that such appointments and designations shall take effect on January 1, 2015 and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Adopted this 15th day of December, 2014 by the Albertville City Council. Jillian Hendrickson, Mayor Attest: Kimberly A. Olson, City Clerk Agenda Page 20 Agenda Page 21 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2014\121514\Hunters Pass park maintenance RCA 12-10-14.docx Meeting Date: December 15, 2014 December 11, 2014 SUBJECT: LEGAL – CITY MAINTENANCE OF HUNTERS PASS PARK AND SIDEWALKS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution 2014-046, entitled a Resolution Providing for City Maintenance of the Park and Sidewalks in the Plat of Hunters Pass. BACKGROUND: In 2005, the City approved the plat and developer’s agreement for the plat of Hunters Pass. The developer’s agreement called for the Homeowners’ Association to maintain the park, sidewalks, trails, and cul-de-sac islands. The Association has been maintaining the park, but has struggled to do so and the City has been maintaining the sidewalks. The Association has asked the City to take over maintenance of the park and they understand that the Association needs to continue to maintain the trails and cul-de-sac islands. City staff believes that the City can take over maintenance of the park and sidewalks, but does not believe it would be practical for the City to take over maintenance of the wood chip trails that run through the back yards or the cul-de-sac islands which are landscaped according to Association standards. The original park facilities were installed by the Developer approximately ten years ago. City staff believes that as the park facilities (currently consisting of a gazebo, swingset/playground equipment and a parking lot) age, the Association will not be able to adequately maintain or replace these items. The only situation similar to this was Towne Lakes, where the Homeowners’ Association currently maintains the trails, but was only required to maintain the parks and park equipment for five years (the Towne Lakes Association was never required to maintain the sidewalks, but has chosen to supplement snow removal). The City has been maintaining the parks in Towne Lakes for several years now. It is anticipated that maintenance of the park and sidewalks will be no greater burden on the City than the parks and sidewalks in other neighborhoods that the City is currently maintaining. KEY ISSUES: • Currently the Hunters Pass Homeowners’ Association is required to maintain the park and sidewalks in the plat. • By agreement the Hunters Pass Association is required to maintain sidewalks, but the City has been doing so for years. • The Hunters Pass Association is the only Association in the City maintaining a public park. Agenda Page 22 Mayor and Council Request for Action – December 15, 2014 City Maintenance of Hunters Pass Park and Sidewalks Page 2 of 2 M:\Public Data\City Council\Council Packet information\2014\121514\Hunters Pass park maintenance RCA 12-10-14.docx Meeting Date: December 15, 2014 • Having the City take over maintenance of the park in Hunters Pass will increase the work load on the City’s public works department. • The Hunters Pass Association will need to continue to maintain the landscaped islands in the cul-de-sacs and the neighborhood trail system. • The Parks Committee has reviewed the request and recommends that City take over maintenance of the park. POLICY/PRACTICES CONSIDERATIONS: The City is not obligated to take over the maintenance of the Hunters Pass park and sidewalks. However, City staff believes that the City can maintain these facilities better than the Association can, and that the City maintenance of these facilities would put the Hunters Pass homeowners in the same position as all other tax payers in the City in that their tax dollars will help to maintain the park and sidewalks in their neighborhood, which is not currently the case. Because the parks and sidewalks are still in good condition, taking them over now does not require a large capital expenditure to improve the facilities. This may not be the case in another ten years. If these facilities deteriorate in the future, there will likely be public pressure for the City to take these facilities over, but this will likely be much harder to do if the facilities will require significant investment to restore them to an acceptable condition. FINANCIAL CONSIDERATIONS: City maintenance of the park will increase the maintenance burden on the City’s Public Works department by an incremental amount. The additional cost of this maintenance is difficult to estimate and quantify. City staff does not expect that the maintenance of the Hunters Pass Park and sidewalks will be any more difficult or expensive than maintenance of parks and sidewalks in other neighborhoods in the City. LEGAL CONSIDERATIONS: The City Council can waive a requirement in the Developer’s Agreement that runs in its favor. The current requirement that the Homeowners’ Association maintain the park and sidewalk can be waived by the City. Once waived, however, it is unlikely that the City would be able to again require the Homeowners’ Association to maintain the park and sidewalks. Responsible Person/Department: Mike Couri, City Attorney Adam Nafstad, City Administrator-PWD Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution 2014-046 Agenda Page 23 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION # 2014-046 RESOLUTION PROVIDING FOR CITY MAINTENANCE OF THE PARK AND SIDEWALKS IN THE PLAT OF HUNTERS PASS WHEREAS, the City of Albertville (“City”) has entered into a Developer’s Agreement pertaining to the plat of Hunters Pass, said Developer’s Agreement having been recorded as document number 984963 at the Wright County Recorder’s Office (“Developer’s Agreement”); and WHEREAS, Paragraph 1.I of the Developer’s Agreement requires the Homeowners’ Association to maintain the park and sidewalks located in the Hunters Pass plat; and WHEREAS, experience over the past nine years has shown that the Homeowners’ Association is not able to maintain the park and sidewalks to the same standard and with the same consistency that the City maintains other parks and sidewalks in the City; and WHEREAS, the Homeowners’ Association has requested that the City commence maintenance of the Hunters Pass park and sidewalks; and WHEREAS, the City Council has determined that it would be in the best interests of the residents of the City and of Hunters Pass if the City maintained the Hunters Pass park and sidewalks; NOW, THEREFORE, be it resolved by the Albertville City Council: 1. Effective January 1, 2015, the City of Albertville shall relieve the Hunters Pass Homeowners’ Association of its obligation to maintain the Hunters Pass park and sidewalks as set forth in paragraph 1.I of the Developer’s Agreement, and such park and sidewalks shall thereafter be maintained by the City. 2. All other obligations of the Hunters Pass Homeowners’ Association as set forth in the Developers’ Agreement shall remain unchanged. Adopted by the Albertville City Council this 15th day of December, 2014. ____________________________ ATTEST: Jillian Hendrickson, Mayor ______________________________ Kimberly A. Olson, City Clerk Agenda Page 24 City Administrator’s Update December 11, 2014 GENERAL ADMINISTRATION Planning Commission Vacancy: Staff is working to coordinate a time for the Personnel Committee to interview the four applicants and provide a recommendation to the Council. Board and Commission Appointments for 2015: Council will need to appoint committee members to the City’s various boards and advisory groups, preferably at the first meeting in 2015. New in 2015 will be WCAT (Trailblazer Transit) and Yellow Ribbon appointments. For your reference, attached is the resolution for this past year’s appointments. Fire Department: The advertisement for the full time chief position has been posted and applications are due back on January 12. Interviews will likely begin mid- to late-January. STMA Ice Arena: This week’s Arena Board meeting was cancelled due to a lack of a quorum. The Youth Hockey Association has been working closely with the Minnesota Armature Sports Commission (MSAC) in regards to the feasibility of a second sheet of ice. The MSAC will be at a future Arena Board meeting to report on their initial analysis. Prairie Run: The Purchase Agreement for the 10 lots is complete, the escrow has been received, and closing for the first lot is scheduled for this Friday. FYCC: The December meeting was canceled. The next meeting will be January 21. ENGINEERING/PUBLIC WORKS FEMA and Homeland Security Funding: Staff has completed the work with FEMA and has submitted the final funding request for the Public Assistance Program. Arena Dehumidification Project: The system has been running very well. We are working to close out the project. 57th Street Improvements: Soon I will be meeting with the Church and coordinating a bidding schedule. I am working to re-bid the project in February. This item will be presented to the Council before bids are advertised. Signal at CSAH 19 and 37: The County has had some issues with the new video detection cameras and is working with their electrician to correct. Agenda Page 25