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1986-05-05 CC Agenda/Packet• CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PHONE: 497-3384 CITY COUNCIL AGENDA MAY 5, 1986 I. CALL TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF THE MINUTES IV. DEPARTMENT BUSINESS a. Administration • - Approval of Audit Bid for the 1986 Audit Report • Letter from Mike and Heidi Potter regarding dead tree. - Call from Mrs. Menzel on 57th Street Re: Weed problem at 11640 57th Street. - Ray Carron --Request to have Assessments deferred on property. o - Paying Agency Agreement b. Maintenance - Update on Spring Schools - Update pn Wastewater Operators School - Cleaning of Sewer Lines (cont. from earlier meeting) - Trouble spots in street system that will require major patching. c. Legal s - Annexation Hearing Petitioner's Written Argument d. Engineering - Mike Potter --Ditch running along side property line - Kevin Roden --Curb sinking on 57th Street in front of his home. 0 - Request for Payment from PCI - Update on MPCA/ Army Corp of Engineers NOV. - Plans and Specs. for Beaudry 2nd Addition and Barthel REsidential-Phase II. - Update on project. Make our City........ Your City We invite Home, Industry, Business PAGE 2 AGENDA e. Planning - Building Permits - Need to set hearing on Draft Shoreland Management Overlay Ordinance. • V. INCOME RECIEVED/BILLS TO BE PAID • VI. POPULATION ESTIMATES (1985 FIGURES) VII. ADJOURNMENT COUNCIL MINUTES MAY 5, 1986 The regular meeting of the Albertville City Council was called to order by Mayor Jim Walsh. Members present included Gary Schwenzfeier, Donatus Vetsch, Don Cornelius and Bob Braun. Others present included Maureen Andrews, Don Berning, Gary Meyer, Barry Johnson and Ken Lindsay. There was a motion to approve the minutes with the neccessary correction made. The motion was made by Bob B. and seconded by Donatus V. All were in favor. There was some discussion about who would represent the Park Board on the Park Land Exchange. Maureen was asked to have a notice put in the paper about needed an interested citizen to serve on the Committee. The Audit Bids were reviewed and based on Bob Minkema's recommendation the council selected Gruys, Johnson to do the 1985 Audit Report. The motion to approve was made by Gary S. and the second by Don C. All were in favor. Maureen was asked to contact the two firms and inform them of the Council choice. The Council discussed a letter from Mike and Heidi Potter regarding a dead elm tree on the adjoining property. They have attempted to get the property owner to remove the tree with no results and have requested that the City contact the owner (Richard Norarack) to see if the problem can be resolved. Donatus V. brought up the dead elm on Lander and informed the Council that Duane Auger had expressed some interest in removing the tree for the wood. Maureen was requested to send a letter to Mr. Auger informing that the City is interested in having him remove the tree. This letter should include a release from the City for any damage or injury that might occur in removing the tree. Ken Lindsay was also requested to look at the tree to determine which meathod would work best in removing the tree. There was a motion made by Donatus and -seconded by Don C. to go ahead and allow Mr. Auger to remove the tree on the condition that a release of the City was signed. All were in favor. Maureen informed the Council that she recieved a call from Mrs. Menzel regarding the yard maintenance (or lack of) of the ajoining property. Her request of the City was to contact the property owner --William Smith and ask him to make an effort to clean the yard up. Maureen was asked to write Mr. Smith and ask that he attempt to get the yard cleaned up. If the problem is not resolved the Council will take it up at a later date. Mr. Ray Carron was present to request that the assessment on his property be deferred. These assessments have been on the property for several years and according to Gary Meyer the State Statute only allows that assessments can be deferred at the time of first installment of tWassessment. PAGE 2 MINUTES As a result of Gary Meyer's information there was a motion made by Gary S. and a second by Bob B. to deny the request of Mr. Carron to have the special assessments deferred on his property located at the intersection of I-94 County Road 37 and Barthel Industrial Drive. All were in favor. Mr. Carron informed the Council that he believed that he is aware of a instance were the assessments were deferred after the first installment. He was informed is any additional information was brought before the Council that they would reconsider the issue. There was a motion made by Bob B. and a second by Don C. to approve a Paying Agreement with First Trust St. Paul for the 1979 G.O. Imp. Bond. All were in favor. Jim Walsh brought up a mower that a couple a Council members had looked at for purchase. It was a Toro Groundsmaster and was being sold by Mike DeMars of Elk River. The mower has a 6 foot cutting deck and seemed to be in good running condition. Mr. DeMars said that he was willing to sell the machine for $4,200.00 if the Council was interested in the machine. Ken L. was requested to have Mr. DeMars bring the machine in so that he and Don C. could look over the equipment and based on their recommendations purchase the equipment. There was a motion made by Gary S. and a second by Donatus V. All were in favor. Ken gave the Council an update on the schools he had attended this Spring. He talked about crack filling proceedures that the schools recommend using, different types of materials that sould be used and different types of maintenance schedules the City should consider in order to get the best life out of the roads as possible. Ken also informed the Council of the fact that he had passed the Class C Operator's License exam while he was at the Stablization Pond School. Ken was requested to start putting together a list of equipment that he could use for budgetting purposes. In additon Ken went thourgh the streets that he felt were "trouble spots". These spots are to be reviewed by a couple of different contractors to see how much it would cost to repair them. Other items that were discussed was the number of hours that Ken is going to be required for Start-up of the new wastewater system, his overtime and vacation. Ken requested that the City look into getting a MEED person in for the summer. This item has been tabled until Ken sits down with the City Administrator and Don Cornelius to work on a list of job duties that are preformed in the Maintenance Department. Once the list is completed it should be brought back to the Council for discussion. Sewer line cleaning was discussed again. Ken has figured that the entire system can be cleaned for $4,500.00. This figure does not include Barthel Industrial Drive, Beaudry 2nd Addition or Barthel Residential --Phase 2. Nothing was finalized on the sewer line cleaning. Don Cornelius and Donatus Vetsch both discussed the need for hauling in gravel to a couple of areas in town. The Council was informed that H. Weber has agreed to grade the road that we share with them if the City would agree to have a load of gravel brought in. The Council agreed to this arrangement. PAGE 3 MINUTES Mr. Howard Larson of Radition Products was present to request that the road improvements on 52nd Street be done this summer as part of the construction projects currently out for bid. Barry was requested to include this work in the plans and specs. Mr. Larson also informed the Council that his company is looking into getting into Radioactive Isotobes. He gave the Council a little background information and will keep the Council informed of the development of the possibility. Gary Meyer and Barry Johnson discussed the recent developments with the MPCA and Corp of Engineers NOV's. Paul Meyer is redirecting points of the letter since the City is indeed recieving our payments for the two agencies. Jim expressed his concerns regarding the warrenty from Poly -America and has asked that there is a letter on file with the City clearify the warrenty of the materials and the upfront cost of any repairs. Engineering items that were dealt with included extending the drainage pipe along side the Potter home on 57th to correct a drainage problem. This work will be done at the same time that construction occurs this summer. Kevin Roden had requested that he be placed on the agenda but did not appear. He wanted to inform the Council that the curb in front of his home is sinking and ask what can be done with it. Other items that were discussed were additional trouble spots (Lander being a large problem). Barry said that we need to document the wet areas to that they are noted for future reference during dry years. Barry informed the Council that the MPCA has approved the prefill of Cell 3. This was a verbal approve which Barry followed up with a letter to Bruce Weaver of MPCA. MPCA will be sending the City notification of the approval but told Barry that everything looked great. There was also some discussion by the Council that a light seal coating on Barthel Industrail Drive may be the "ticket" to clean up the project. No action was taken on the matter. Maureen is to inform the Building Inspector that the City would like to the foundation height approved for landscaping and drainage purposes. There was a motion by Bob B. and a second by Gary S. to set the hearing on the Shoreland Management Overlay for June 2, 19B6 at 8:00 p.m. All were in favor. There was a motion to approve the bill made by Bob B. and seconded by Don C. All were in favor. Maureen was requested to include the following items in the newspaper notes 1. No trucks on Local Streets 2. Need for Volenteers to work for the City 3. Need for Volenteers to serve as election judges 4. Need for persons to serve on the Fire Department. There was a call for adjournment made on a motion vy Don C. and a secong by Gary S. All were in favor. O I iu s L) A y ry► A (3 -�/ r OLf IV 3 S ('4Aj a L= ! r9 S c i E'o,., L- if c' to v ctiZ U i.J S C G' (, L iJ A o j T� e 7�/i Jn As ,)Gox F.Qe w4s I l 6 ,<'t % cs /SET c.. rl 5 (/ T t 0 c= !` Tt v, 1, t y ( Uuc -9 ��ao;2 (�o's ,C'tc'ee/J ( Go (3iei N6i r3 7 C) N 5 14 u x -A A/ 1 t T J Y l1, d �, 7-4 r t,�, r ( S e C �1 �I -T(I,a �� f�r 07 i e- ,ve,3w7- U , w. (, C I%t s TL F ) Tf` v /,j 6 r/TC- J.lOQ V t" Id,1J"� �,�r1✓fit /� %�/��y /% E,C i'`�� ( s C� C /t t' [ Ar/ L N S jug w t U �✓ % G �� %� May 12, 1986 Mr. Donald Zierke Gruys, Johnson and Associates, Ltd. Certified Public Accountants Plaza Profeesional Building 1111 Highway 25 North Buffalo, Minnesota 55313 Dear Mr. Zierke: This letter is a follow to our May 7, 1986. As I told you then, to do our 1985 Audit Report. phone conversation of Wednesday, the City Council chose your firm I would also like to reaffirm our discussion about the billing proceedure. It was my understanding that your firm could bill the City of Albertville on a hour spent basis so that we charge those cost back to the appropriate department, mainly the sewer account. If you have any questions regaring this letter please feel free to contact me at 497-3384. I look forward to working with you in the upcoming weeks. Sincerely, I-M � a�-IjwoQ- Maureen T. Andrews City Adminsitrator May 12, 1986 Mr. George D. Betts, CPA Seifert, Betts and Co., Ltd. 7035 Wayzatta Blvd. Suite 100 Minneapolis, Minnesota 55426-1777 Dear Mr. Betts: The City of Albertville regrets to inform you that your firm was not selected to do our 1985 Audit Report. We would like to express our appreciation for your interest in working with the City of Albertville. We will keep your name on file in the event that we would require any additional accounting or auditing work done. Thank you again for your interest. Sincerely, l l l , O'CV-Ic o-o Maureen T. Andrews City Administrator CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PHONE: 497-3384 May 12, 1986 Michael and Heidi Potter 11650 57th Street Albertville, Minnesota 55301 Dear Mike and Heidi: Please find enclosed a copy of the letter I sent to Mr. Richard Nowarick. Based on our attorneys recommendation we have to give the property owner a reasonable amount of time to have the tree removed before the City can take action to have it removed. If no action is taken by the June 16th Council meeting the City will make arrangements to have the tree removed. If you have any other questions about this problem please feel free to contact me. Hopefully the letter from the City will do the trick and the propblem will be resolved. Sincerely, Maureen T. Andrews City Administrator cc: Gary Meyer, City Attorney : File Copy ✓ Make our City........ Your City We invite Home, Industry, Business CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PHONE: 497-3384 May 12, 1986 Mr. and Mrs. Richard Nowarick 168 Castle Tower Bethel, Minnesota 55005 Dear Mr. and Mrs. Nowarick: The City of Albertville has been asked to contact you regarding the dead elm tree which is located on your property at 11700 57th Street, Albertville. The adjoining property owner is concerned that if action is not taken to have the tree removed severe weather could potentially bring it down. This event could result in the tree landing in the dining room of their home, causing extensive structural damage to the house. It is the City's understanding that the adjoining property owner has attempted to contact you on a couple of occassions in an effort to find a solution to this problem, yet to date it remains unresolved. The City is requesting that you make an effort to remove the tree or the City will be required to seek legal action to have the tree removed and will charge these costs back against your property. In an effort to give you some time to make the neccessary arrangements the City will take no action to have the tree removed until the June 16th City Council meeting, at which time you might like to appear. The City would like to thank you in advance for your attention to this problem. If you have any questions or would like to discuss this matter in more detail, please feel free to contact me, Maureen Andrews at 497-3384. Sincerely, Maureen T. Andrews cc: Michael and Heidi Potter Gary Meyer, City Attorney File Copy ✓ Make our City........ Your City We invite Home, Industry, Business May 13, 1986 Mrs. Laurence Menzel 11630 57th Street Albertville, Minnesota 55301 Dear Mrs. Menzel: Please find enclosed a copy of the letter I sent to Mr. William Smith. Hopefully this letter will result in some type of action on his part to resolve the problem, if not the City will look into what it can do to correct the problem. If you have any other questions regardign the matter, please give me a call. Thank you for bringing the problem to my attention. Sincerely, Y)1CR'(-'cA C C t -) 041�-LC�U-t�o Maureen T. Andrews City Administrator CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PHONE: 497-3384 May 13, 1986 Mr. William Smith 11640 57th Street Albertville, Minnesota 55301 Dear Mr. Smith: The City of Albertville has been asked to contact you regarding your property which is located at 11640 57th Street here in Albertville. It was brought to the City Council's attention by the adjoining property owners that only minimal yard maintenance was preformed on your property last summer. The neighboring property owners feel somewhat frustrated by the fact that they are making an effort to keep their yards groomed and looking neat yet your yard goes unattended and is full of weeds. The City is aware that your property is for sale but feel that you should be maintaining it until such time it is sold. If no action is taken to correct the problem by the May 19th Council meeting, the Council feels that they will have to bring the issue back up for discussion and will begin to take corrective measures to resolve the problem. If this occurs the expense will be charge back against your property. The City hopes that this problem can be resolved without taking these types of corrective measures. If you have any questions or would like to discuss this matter in more detail please feel free to contact me, Maureen Andrews at 497-3384. The City would like to thank you in advance for your attention to this problem. Sincerely, ---M CLUAlUl- - Maureen T. Andrews City Administrator 00' bec: Mrs Laurence Menzel File Copy ✓ Make our City........ Your City We invite Home, Industry, Business CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PHONE: 497-3384 May 12, 1986 Mr. Duane Auger 5545 Lander Avenue Albertville, Minnesota 55301 Dear Mr. Auger: At the Council meeting on Monday, May 5th there was some discussion about removing the dead elm tree located at 55th Street and Lander Avenue. One of the Council members indicated that you like to remove the tree for the wood. This letter is to inform you that the Council would allow you to remove the tree if you are sitll interested in doing so. However, the City asks that you cake the resposibility for contacting the neccessary utility companies so that they can move the overhead wires. The City also asks that you talk to Ken Lindsay, the Maintenance Superintendent about the method you plan on using to remove the tree and the date amd time of removal. It should be noted that if you intend to store this wook for fire wood the State of Minnesota asks that the bark be removed. Apparently, that is were the killing beetle can be found. A tree with the bark on, remains a carrier of the disease even though it has been cut down. Finally the City asks that you read the following statement and if you plan to remove the tree sign and return a copy of the letter to the City at: Box 131 Albertville, Minnesota 55301 I, Duane Auger of 5545 Lander Avenue, Albertville, Minnesota agree to remove the dead Elm tree from the location of 55th Street and Lander Avenue at no charge to the City of Albertville; and agree in consideration of the same, that I will take full responsibility of removing the fallen tree, and I agree to indemnify and hold the City of Albertville harmless from any property damage or personel injury to myself or others which may result from my removing the dead tree for the wood. Make our City.. ...... Your City We invite Home, Industry, Business rage L If you have any questions or would like of discuss this matter in more detail please feel free to contact me, Maureen Andrews at 497-3384. V55incerel , . Andrews nistrator Signed by: Duane Auger Maur en Andrews for the City of Albertville cc: Ken Lindsay V File Copy Gary Meyer Date Date CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PHONE: 497-3384 INCOME RECIEVED MAY 19, 1986 IRMA VETSCH ( RENTAL OF CITY HALL) $ 10.00 BARTHEL CONSTRUCITON (ASSESSMENT PAYMENT) 905.32 WILLIAM NORVICK (BUILDING PERMIT) 619.90 TRI COUNTY ABSTRACT (ASSESSMENT PAYMENT) 495.94 JIM MERGES (BUILDING PERMIT) 68.15 ALBERTVILLE DEVELOPMENT CORPATION 500.00 ROGER WALSH (BUILDING PERMIT) 16.50 STATE OF MINNESOTA (REFUND ON EMPLOYEE BENEFITS) 803.28 TOTAL $3,419.09 BILLS TO BE PAID MAY 19, 1986 MEYER-MILLER (ANNEXATION--798.00) $ 1,388.17 STATE TREASURER 30.00 WASTEWATER OPERATORS LICENSE (15.00) WATER OPERATORS LICENSE (15.00) MEYER-ROHLIN (PROFESSIONAL ENGINEERING ON SEWER 14,703.82 PROJECT) KEN LINDSAY 592.91 KEN LINDSAY (INSURANCE) 50.00 MAUREEN ANDREWS 461.41 MAUREEN ANDREWS (INSURANCE) 50.00 AUDIO COMMUNICATIONS (WORK ON RADIO) 100.00 UNITED TELEPHONE 87.66 NEWMAN SIGN 65.55 NO TRUCK--$31.61 CAUTION --DEAF CHILD--$33.94 NSP 1,369.44 MINNEGASCO 81.65 CROW RIVER NEWS 71.43 KILLIAN HARDWARE 44.82 CHOUINARDS 19.84 FIRST TRUST ST. PAUL (ADM. FEES FOR SEWER BOND) 276.50 SECURITY STATE BANK OF ST. MICHAEL--FEDERAL 346.00 QUARTERLY DEPOSIT) MTI (TORO) 253.02 MTI (TORO) 52.10 _ MIKE DeMARS (LAWN MOWER) 4,000.00 Make our City........ Your City We invite Home, Industry, Business PAGE 2 INCOME RECIEVED/BILLS TO BE PAID INTERNAL REVENUE SERVICE COMMISSIONER OF REVENUE U.S. POST OFFICE SOUTH SIDE LUMBER HACKEMUELLERS 57.15 445.00 44.00 27.99 29.20 TOTAL $27,647.66 MEYER-ROHLIN, INC. Zo LJ O ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612-682-1781�,) May 14, 1986 City of Albertville c/o Maureen Andrews, Administrator Albertville, Minnesota 55301 PROFESSIONAL SERVICES RENDERED: Re: Wastewater Treatment Facility Step III Engineering Invoice #5 PART "A" - 1985 Multiplier Adjustment INDIRECT COSTS - Multiplier adjusted for year 1985 from 1.40 (as per engineering agreement) to 1.55• this in conformance with E.P.A. Auditor. INVOICE #4 (Part "B" Only) Adj. indirect = $11,354.12 x 1.55 = $17,598.89 Billed @ _ $11,354.12 x 1.40 = $15,895.77 Adjusted Indirect Costs = $1,703.12 FIXED FEE $1,703.12 x 16% _ $ 272.50 TOTAL PART "A" . . . . . . . . . . $1,975.62 Thore P. Meyer, Professional Engineer Robert Rohlin, Registered Land Surveyor PART " B " DIRECT LABOR COSTS - for pay periods ending on dates indicated. 1- 5-86 Eng. II 3.5 hrs. @ $18.17 = $ 63.60 Eng. III 13.5 hrs. @ $11.11 = $149.99 $213.59 1-19-86 Eng. II 3.0 hrs. @ $18.17 = $ 54.51 Eng. III 15.5 hrs. @ $11.11 = $172.21 --$226.72 2- 2-86 Eng. III 14.0 hrs. @ $11.11 = $155.54 2-16-86 Eng. II 8.0 hrs. @ $18.17 = $145.36 Eng. III 13.0 hrs. @ $11.11 = $144.43 $289.79 3- 2-86 Eng. II 9.0 hrs. @ $18.17 = $163.53 Eng. III 24.0 hrs. @ $11.11 = $266.64 $430.17 3-16-86 Eng. II 1.5 hrs. @ $18.17 = $ 27.26 Eng. III 32.0 hrs. @ $11.11 = $355.52 Eng. III 17.0 hrs. @ $ 9.62 = $163.54 $546.32 3-30-86 Eng. I 6.5 hrs. @ $21.73 = $141.25 Eng. II 21.0 hrs. @ $18.17 = $381.57 Eng. III 41.0 hrs. @ $11.11 = $455.51 Eng. III 2.0 hrs. @ $ 9.62 = $ 19.24 $997.57 4-13-86 Eng. II Eng. III Eng. III Fieldcrew Fieldcrew 4-27-86 Eng. II Eng. III 5-11-86 Eng. II Eng. III Eng. III 13.0 hrs. @ $18.17 = $236.21 39.0 hrs. @ $11.11 = $433.29 4.5 hrs. @ $ 9.62 = $ 43.29 3.0 hrs. @ $10.00 = $ 30.00 3.0 hrs. @ $ 9.00 = $ 27.00 $769.79 13.0 hrs. @ $18.17 = $236.21 15.0 hrs. @ $11.11 = $166.65 $402.86 7.5 hrs. @ $18.17 = $136.28 35.0 hrs. @ $11.11 = $388.85 1.5 hrs. @ $ 9.62 = $ 14.43 $539.56 TOTAL DIRECT LABOR COSTS I4:571.g1 INDIRECT COSTS $4,571.91 x 1.40 (as per contract agreement - to be adjusted at end of fiscal year 1986) = $6,400.67 ($4,571.91 + 6,400.67) x 16% = $1,755.61 TOTAL PART "B" $12,728.20 TOTAL INVOICE NO. 5 $141703.82 Ilk.. AiK' -46JI _1 e) tier l/ � 5 L� S � T1i CST N/b &. f" 11 e / MnJ 6-5 " 3 D � 2, /9F6 C/o Xlidl-ew-� /%a u re` n .1 1'a C,KQ- to br,iin 46 gcur c4 re61 Ccfi rr\ -�0 H(k,,A', Qnd- 0 1.t G F�Im O» S?ramS1. el �o61,4,m Soon, WW- w (( Hove. a -frC.,c 7,n,nv, Loonq S haue i ri a c0LA G� t rn� to Have f f% Lund O�J-� �rl Uloiur� rOc Lj,riAl�� t'4VV� r lrJe u5 PermissrpIN 16 { I J S,mzonto -rct own Iq(z Ouf Qrob��n'1 SQL wNu,9� h�. C'an iJ� : I11vvJ r;s�it►�� C,�y -t lo I o 4\;k Gny ol-HQr wcy 0- V?Qlfihl -�r<y. to Cali Mr. Qt WD-3(31 Tu<jnK t-jj(_k Tor L�st� �r>► Ki'di -- A K� � ��' �rurJs, _7ol2r2s012 anon �ssociafes, CERTIFIED PUBLIC ACCOUNTANTS April 18, 1986 Honorable Mayor and City Council City of Albertville AI berty i I I e, Minnesota Lyj Honorable Mayor and City Council Members: Plaza Professional Building 1111 Highway 25 North Buffalo, Minnesota 55313 Telephone: 682-1762, Metro: 473-0036 Gr uys , Johnson and Associates, Ltd. is pleased to submit this proposal to furnish auditing services as of and for the year ending December 31, 1985. We are a firm of certified public accountants and have a diversified practice encompassing audit, tax, management advisory and accounting services. The Firm has been active for over 25 years rendering professional services to cities in Minnesota, and is recognized as a leader in Minnesota governmental auditing based upon experience and number of cities as clients. We take pride in this status and maintain high professional and educational standards to insure that we retain our expertise in this important function. I have enclosed our firm brochure to give you more information on our background, size and qualifications. We have performed the 1984 and 1985 annual audits of the following Minnesota cities: Brownton Kimball Buffalo Litchfield Cokato Monticello Darwin Rockford Granite Falls Winsted Our association with the above cities and the City of Albertville has been on a long-term basis. We have performed the annual audit for the City for at least the last 15 years and value you as a client, as we value all long-term clients. The following assumptions were used in the development of our proposal: a) The proposal is for auditing services only. If a situation develops where additional accounting is required, we will not proceed unless specifically expressed in writing. All accounting services wi I I be bi I led at our normal bi I I ing rates. MEMBERS OF: MINNESOTA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS AND AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS Honorable Mayor and City Council Page Two April 18, 1986 b) The City's accountant will provide us with a working trial balance for all governmental and proprietary funds. All funds will comply with generally accepted accounting principals (GAAP) applicable to governmental units. GAAP means that all governmental funds (general fund, special assessment funds, etc.) are prepared under the modified accural method and the proprietary funds (enterprise funds) are prepared under the full accural method. Because Albertville has a population less than 2,500, the City could prepare its financial statements on the cash basis. However, sometime in the past the City had elected to report as a City with a population over 2,500 is required to report. Albertville has continued to report as such through the 1984 year. c) The auditing firm will prepare and furnish to the City the comprehensive financial statements including our opinion. d) The City does not maintain on its own the General Fixed Assets and General Long -Term Debt Groups of Accounts. We will prepare and include the two account groups on the combined balance sheet of the comprehensive financial statements. e) All state and federal reporting laws will be cam plied with. As required by state law the comprehensive financial statements will include auditors comments regarding the City's compliance with legal statutes. Also, we will perform the "single audit" of all federal grants and include in the comprehensive financial statements a summary of activity for the funds, our comments on the City's internal control and our comments on your compliance with applicable federal and state laws. With the above assumptions in mind, we propose the following fees: a) for auditing services b) for the preparation of the comprehensive financial statements and supplemental schedules c) for the single audit of federal programs (EPA/PCA Wastewater Treatment Grant; Revenue Sharing Entitlement) d) for legal compliance with State laws $ 2,400.00 1,200.00 •MI $ 4,350.00 Honorable Mayor and City Council Page Three April 18, 1986 Let me thank you for the confidence you have shown in our firm over the years. We feel that the knowledge we have gained about your City is an invaluable resource for the City. We hope that you find our proposal acceptable and our association will continue for many years. We anticipate receiving notification of the results of your selection. Sincerely, O"C/ a Donald W. Zierk. Gruys, Johnson and Associates, Ltd. Certified Public Accountants DWZ: jes Enclosure SEIFERT, BETTS & Co, LTD. CERTIFIED PUBLIC ACCOUNTANTS April 3, 1986 Honorable Mayor, Members of the City Council and City Administrator City of Albertville Albertville, MN 55301 Here is our proposal to provide audit services to the City of Albertville for the year ended December 319 1985. As stated in page 4 of the proposal, our fee for audit services is guaranteed not to exceed $3,875.00. This fee is based on receiving certain assistance from City personnel as outlined in the first paragraph of page three of the proposal. Specific details of work to be performed, engagement personnel, audit fee and other items are contained within the proposed agreement. We appreciate the opportunity you have presented to us and would be glad to discuss this proposal with you personally. If you have any questions, please contact George Betts at 546-3306. TAMES W. SEIFERT. CPA GEORGE D. BETTS, CPA KENNETH P. (AEB. CPA LARRY S. JACOBSON, CPA LARRY S. POPPLER, CPA IANE L HOYUM. CPA -CINDY K. HAYES. CPA ,OUGLAS F. BERGSTROM. CPA Sincerely, George D. Betts, CPA Seifert, Betts & Co., Ltd. 612/546-3306 7035 Wayzata Blvd. 9 Suite 100 9 Minneapolis, Minnesota 55426-1777 SEIFERT, BETTS & CO., LTD. CERTIFIED PUBLIC ACCOUNTANTS April 3, 1986 Honorable Mayor, Members of the City Council and City Administrator City of Albertville Albertville, MN 55301 Thank you for the opportunity to submit a proposal for the purpose of performing an Audit of the financial records of the City of Albertville for 1985. We will examine the City's combined, combining, individual fund, and account group financial statements for all of the City's Funds and Account Groups. The examination will be made for the purpose of expressing a professional opinion as to the fairness with which the financial statements present, in all material respects, the financial position, the results of operations, and changes in financial position of its proprietary fund types, as of and for the year then ended in conformity with generally accepted accounting principles applied on a basis consistent with the prior years. Our examination will be made in accordance with generally accepted auditing standards; the provisions of Standards for Audit of Governmental Organizations, Programs, Activities and Functions, promulgated by the U.S. Comptroller General, as they pertain to financial and compliance audits; the Single Audit Act of 1984 (Pub.L. No. 98-502) and the provisions of the Office of Management and Budget's (OMB) Circular A-128, Audits of State and Local Governments which implements the Act; the provisions of the OMB Compliance Supplement for Single Audits of State and Local Governments; the provisions of the Legal Compliance Audit Guide promulgated by the Legal Compliance Task Force pursuant to Minnesota Statutes Sec. 6.65; and, accordingly, will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. We will review the system of internal accounting control as required by generally accepted auditing standards to evaluate the degree of reliability of the data to be tested and to determine the nature, extent, JAMES W. SEIFERT, CPA and timing of other audit tests that are required in the circumstances. GEORGE D. BETFS, CPA KENNEIH P. IAEB, CPA LARRY S. JACOBSON, CPA LARRY S. POPPLER, CPA JANE L. HOYUM, CPA CINDY K. HAYES, CPA DOUGLAS F. BERGSTROM, CPA 612/546-3306 7035 Wayzata Blvd. 0 Suite 100 0 Minneapolis, Minnesota 55426-1777 City of Albertville April 3, 1986 Page 2 Our engagement is subject to the inherent risk that material errors, irregularities, or illegal acts, including fraud or defalcations, if they exist, will not be detected, although their discovery may result. However, we believe the scope of the engagement offers an acceptable balance between conclusive reliability and reasonable audit costs. It provides for inquiries and selective tests of operating procedures, including those designed to safeguard property. It gives reasonable assurance that the overall financial position and the results of operations are fairly presented on the basis indicated. It should be recognized, however, that it gives less assurance as to the accuracy of the individual items appearing in the financial statements since the tests are directed toward forming an opinion on the financial statements taken as a whole. We will, of course, inform the City Council if, as a result of this examination, it is felt there is a need for someone to investigate more specifically for possible irregularities or needed changes to the accounting system and procedures, or review them more extensively, with a view to minimizing the possibility of future losses. The audit shall be conducted in accordance with minimum procedures for auditing pursuant to the provisions of Minnesota Statutes. The Auditor shall make specific comments and recommendations with regard to any non- conformity with procedures prescribed by statute or charter. We shall report as to whether the accounts are kept in accordance with a proper classification of accounts and as to any defects in the accounting plan and financial procedures that make it difficult to provide for an internal audit or for proper accounting and audit by independent auditors. We shall also report any failure of the Finance Department to make financial reports required or needed for administrative purposes. It is understood that our responsibility in cases where a municipal officer or officers receive or hold funds for other authorities shall be limited if we are not authorized to examine the accounts of such officers in this extra capacity. We will conduct a subsequent review of records from the date of the balance sheet to the conclusions of field work to obtain any information which may materially affect the report as prepared by the City. We reserve the right to prior examination and approval of any printed matter in which the auditor's opinion is published or released for use by any third party. We shall make a more extensive investigation where circumstances disclosed by the audit call for a more detailed investigation than would be necessary under ordinary circumstances. In any event of this nature, we shall notify the City Council the reason for, and the extent of, the additional procedures required. It is understood that additional compensation shall be paid for such services performed. City of Albertville April 3, 1986 Page 3 This engagement is conditioned on our understanding that management will assume the City's full responsibility for recording and reconciling all general ledger account activity prior to submitting the trial balance for examination, make all final adjustments to all general ledger accounts, prepare all working papers and schedules in support of balance sheet accounts in an acceptable format and that all supporting schedules will fully document the trial balance provided to us. The nature and content of operating statement account supporting schedules will be determined from the results of the evaluation of internal accounting control and other statistical tests to be performed prior to the commencement of audit field work. Such supporting schedules will be prepared by management in an acceptable format and will be submitted to us for examination. Generally accepted auditing standards require that we obtain a written statement of management representations prior to the issuance of the audit report. We will discuss the form and content of the statement to be signed by the Mayor and City Administrator of the City. Upon completion of all auditing procedures, formulation of the auditor's opinion and our receipt of management's written representation, we will publish our opinion on the financial statements. Barring any unforeseen circumstances or any delays, we expect to publish our opinion on the financial statements no later than June 15, 1986. The types of Financial Statement Opinions are outlined as follows: 1. The expression of an unqualified opinion indicates that the financial statements meet in all material respects, the established criteria for a fair presentation. 2. The expression of a qualified opinion results from limitations imposed by management on the scope of the examination, the inability to perform the examination in accordance with generally accepted auditing standards due to limitations imposed by management or existing circumstances, or the inability to apply generally accepted auditing standards which results in a material departure from the established criteria for a fair presentation of the financial statements. 3. The expression of an adverse opinion results from material departures from generally accepted accounting principles, their inconsistent application, or inadequate disclosure of financial information so significant that a qualified expression of opinion is not justified. City of Albertville April 3, 1986 Page 4 4. A disclaimer of opinion results where scope limitations or existence of uncertainties are so significant, they preclude the auditor from formulating an opinion on the presentation of financial statements taken as a whole. If during the performance of the audit, we conclude that an unqualified opinion cannot be issued, we will promptly notify the City Administrator and the Mayor in writing stating all matters which preclude the issuance of an unqualified opinion. In connection with the annual audit, we will issue the following: 1. Auditor's Report on General Purpose Financial Statements; (combined, combining, and individual funds). 2. Auditor's Report on Supplementary Schedule of Federal Assistance. 3. Auditor's Comments on Compliance for Single Audits. 4. Auditor's Report on Internal Accounting Control based solely on a study and evaluation made as part of a Single Audit. 5. A management letter containing comments on compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by us as auditors. The audit engagement will commence after the approval of this contract by the City Council and will be supervised by George D. Betts, an officer of the firm of Seifert, Betts & Co., Ltd. and by Larry Jacobson, an audit manager experienced in governmental audits. Work will be performed by other staff assistants whenever practical. We guarantee that the total charges to the City pursuant to this proposal for audit services will not exceed $3,875. Payment shall be made as follows: 1. On completion of 60% of the engagement an interim billing shall be submitted allowing for a 10% retainage and; 2. The balance due shall be paid upon completion of the audit and submission of a final invoice for the services performed. City of Albertville April 3, 1986 Page 5 The fee arrangement for any services requested outside the terms and conditions of this proposal will be arranged outside of this proposal. If this agreement correctly expresses your understanding, please sign the enclosed copy where indicated and return to us. Approved: By May or By City Administrator Date: Respectfully submitted, '00- Gecrge D. Betts, President SEIFERT, BETTS & CO., LTD. First Bank Saint Paul .-� The First National Bank of Saint Paul 332 Minnesota Street Saint Paul, Minnesota 55101 April 28, 1986 City Clerk City Hall Albertville, Mn 55301 RE: Paying Agency Agreement With Respect To Obligation: Cites of der 11�,,_� i._5��9.,_ Ii r i i,S_Qf_1�Zg_5_�3jed 10212D _ Feb & jLa U V Under the above -referenced Paying Agency Agreement, we are limited to certain fees and charges for paying agent services performed. Because it is no longer economically feasible for us to continue performing under the Agreement at the current level of fees and charges, we wish to amend the Agreement effective as of August 1. 1986, so that the fee and charge paragraph is changed to read in its entirety as follows: -Pay to the Bank reasonable fees and charges for services performed hereunder in accordance with the Bank's fee and charge schedule in effect at the time of the particular services performed. The fees and charges of the Bank shall in no event become a charge against the funds remitted by the Municipality for payment of principal of and interest on the Obligations.' We also wish to implement the new fee and charge schedule attached to this letter. By countersigning, dating and returning the extra copy of this letter to us within the next ninety days, you may agree to the amendment and the new fee and charge schedule. Member First Funk Syslern Paying Agency Agreement Page Two This letter is also our notice to you that we have elected, pursuant to the termination paragraph of the Agreement, to terminate the Agreement in ninety days. However, if we have received your agreement to the proposed amendment and new fee and charge schedule before the passage of the ninety day period, you may deem our notice of termination to be revoked and of no effect. Please contact the undersigned if you have any questions. Very truly yours, Kathy Scanlon Senior Vice President First Bank Minneapolis We agree to the amendment set forth above and the new fee and charge schedule furnished to us. City of Albertville, MN ------------------------------------ By--------------------------------- Dated------------------------------ MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 May 1, 1986 Minnesota Pollution Control Agency 1935 West County Road B2 Roseville, MN 55113 Attn: Mr. Bruce Weaver Re: 1984-1 Improvement Project Albertville, Minnesota C-271087-02 Dear Mr. Weaver: This letter is to confirm your verbal approval to prefill Cell ##3 of the above referenced project. On May 1, 1986 at 11:00 a.m. I spoke with you by telephone and at that time you approved prefill of Cell #3• Also, you stated a letter approving prefill of the remaining ponds would be sent out either May 2 or May 5, 1986. If you have any questions, please contact me. Sincerely yours, ME R-ROHLIN IN II arr /D, ohn n BDJ:kp cc:Maureen Andrews, Admin. cc:Gary Meyer cc:Corps of Engineer, Fred Kelly cc:E-8401-E Thore P. Meyer, Professional Engineer Robert Rohlin, Registered Land Surveyor MEYER-ROHLIN, INC p O ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612.682-1781 April 30, 1986 Honorable Mayor & City Council c/o Maureen Andrews, Administrator Albertville City Hall Albertville, MN 55301 Re: 1984-1 Improvement Project Wastewater Facility, Albertville, Minnesota C-271087-02 Partial Payment No. 13 Members of the Council: The Contractor has requested Partial Payment No. 12 for work completed to this point on the above referenced project. Enclosed is a computer print-out of work completed. Work Completed to date $916,635.57 Material on Hand 0.00 Change Order #1 & #2, #5 3,085.43 Gross Due to Date 1�T.00 Retainage 5% 45,986.05 Due to Date Minus Previous Payments - 845:793 89 Amount Due $ 2-(0 We recommend Partial Payment No. 13 in the amount of $27,941.06 to the Contractor, Progressive Contractors, Inc., 8736 Zachary Lane, Osseo, Minnesota 55369. 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MINORITY. b WOMEN'S BUSINESS PROGRESS REPORT Project Name: Alke -11te Policy Applicable to Project: WI/h Project Number: Iga4-1 KBE (December 26, 1978 policy) WBE (August 1. 1980 policy) SMWB (May 12, 1982 b March 28, 1983 policies) Project Coal,'(when applicable): /R MBE N/N WBE Prime Contractor: Address: c-L&v f Telephone No: COY S- tcS I X�- Contract Dollar Amount: $ L.,-7, 3 fb 7. -L Amount Completed to Date: $ 14� '1I�I•c, % Subcontractor Small Minority Contract Amount % of Completed % of Balance Women Amount Prime* To Date Prime* Unbilled Remarks C' Po vi-ee,e ec• " e 2`� ICCOl P /q 9 fS��S u�k vc S 441p .nc�e� 4w{ev. �be 4,SI ySc FJ/A c 3(,,7.�s�-s ►�(b {o S`l 6'1 (2.—Ce i7�na/l�bZ <,b W /A WIA "7 S� 5�6c. �1�513� P/A WIA, CI�St3 Project Totals <� S -1,,o s= 3 z S�� . Total MBE Percentage Total WBE Percentage of prime: of prime: Original: Original: To Date: To Date: 2,� *When applicable (goal -oriented policy only) CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PHONE: 497-3384 INCOME RECIEVED MAY 5, 1986 STATE OF MINNESOTA (RAILROAD REFUND) CASH (2 LONG DISTANCE CALLS MADE DURING ANNEXATION HEARING) U.S. TREASURY (EPA GRANT) ALBERTVILLE FIRE DEPARTMENT (FOR RADIO) ST. ALBERTVILLE (PARK BUILDING RENTAL) SOFTBALL TEAM (PARK RENTAL) 291.81 2.00 306,600.00 1,350.00 25.00 50.00 TOTAL 308,318.81 BILLS TO BE PAID DENNIS FEHN GRAVEL (LIME FOR BALL FIELD) 160.00 PARAMONT CHEMICAL CORP. ( CLEANING CHEMICALS) 70.50 COMMUNICATIONS AUDITOR (PAGER BATTERIES) 8.00 AUDIO COMMUNICATION (HOLD UNTIL WORK IS DONE 1,411.20 ON RADIO) 1.10 WELTERS, INC. 821.25 BOB MINKEMA MONTHLY STATEMENT--$200.00 STALLAND PRROJECT--$612.25 PETER MERGES (CHECKED PUMPS 4 HRS. a $8.00) 32.00 G.D. LaPLANT 33.00 STRINGER BUSINESS SYSTEMS (TO BE REIMBURSED BY DON) 72.00 GOULD & CO. (BRUSHES FOR STREET SWEEPER) 113.8E DON'S AUTO 127.46 MAUREEN ANFREWS 461.41 KEN LINDSAY 592.91 DON BERNING GARY SCHWENZFEIER 70.00 BOB BRAUN 75.00 DON CORNELIUS 65.00 DONATUS VETSCH LOIUS VETSCH 10.00 HUDSON MAP CO. (MAP MEASURER) 13.95 JIM WALSH SUBTOTAL 4,153.32 Make our City........ Your City We invite Home, Industry, Business Minnesota STATE PLANNING AGENCY L_ April 30, 1986 Dear Clerk: Room 100 Capitol Square Building 550 Cedar Street St. Paul, MN 55101 The State Demographer is required by law to annually estimate the population and the number of households in each of Minnesota's cities. Attached you will find a sheet containing the April 1, 1985 population and household estimates for your city. The number of households corresponds to the number of occupied housing units. A household may be a single family, one person living alone, or any other group of persons who share the same living quarters. Please note that these estimates pertain to one year ago, not the present. These estimates are subject to change and are being sent to you now for review and torment. The attached figures represent estimated changes of your population and households since the 1980 Census. While we believe that our estimation method is usually accurate, we realize that it is not perfect. For this reason, we value _ your comments. In particular, changes caused by annexation or detachment may not be reflected in these estimates. The household and population estimates are derived from information contained on Minnesota income tax returns and the 1980 Census. The estimation method takes into account the fact that not all households are required to file tax returns. The population estimate also incorporates direct counts of institutional populations such as nursing homes. A copy of your estimates has also been sent to your county auditor for review. These estimates are used as part of the formula governing local government aid and levy limits. one variable in the formula is percentage change in population or households, whichever is larger. If both your population and number of households have declined between 1984 and 1985, this will not have an adverse effect on the local government aid calculations for your city. If, after examining the estimates, you feel the figures are generally in agreement with your local information, it is not necessary for you to contact us or provide any further information. If, on the other hand, local data are at variance with our figures, please send us the appropriate documentation, as indicated in the enclosed guide, by Monday, May 19, 1986. ouestions or comments should be directed to James Hibbs at the address listed above or by calling (612)296-2557. Thank you for taking time to review these estimates. Sincerely, • ROT]R. Thomas Gillaspy State Demographer RTG:dIg Enclosures AN EQUAL OPPORTUNITY EMPLOYER •`-U TO: DONALD BERNING, CLERK CITY OF ALBERTVILLE FROM: R. THOMAS GILLASPY STATE DEMOGRAPHER SUBJECT: 1985 POPULATION AND HOUSEHOLD ESTIMATES YOUR APRIL 1, 1985 POPULATION ESTIMATE IS 713. YOUR APRIL 1, 1985 HOUSEHOLD ESTIMATE IS 213. IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT THESE ESTIMATES, PLEASE CONTACT THE OFFICE OF STATE DEMOGRAPHER, 100 CAPITOL SQUARE BUILDING, 550 CEDAR STREET, ST. PAUL, MINNESOTA 55101 PHONE (612) 296-2557. ALL CHALLENGES MUST BE SUBMITTED IN WRITING. PLEASE REFER TO THE ENCLOSED INSTRUCTION SHEET FOR DETAILS. HOW TO CHALLENGE THE POPULATION AND HOUSEHOLD ESTIMATES FROM THE OFFICE OF STATE DEMOGRAPHER The legal responsibilities of the Office of State Demographer with respect to local population estimates dictate that we be able to defend any revisions of the estimates. Consequently, we need some sort of written documentation for our files. Cited below are types of information we will accept with a challenge to our estimates. You may select whichever approach is most appropriate for your situation. However, the more information you can provide the better. 1. An actual count of persons or households is acceptable, but places with more than 500 people should contact the State Demographer before proceeding with a count. You should provide a list containing the address of each household, the name of the householder and the number of persons in the household. A map of your city or township would be helpful. Please be sure that only year-round residents have been included. Young people away at college or in the military, elderly persons who have moved to a nursing home in another town and seasonal (summer) residents should not be counted. Please indicate when the count was conducted. 2. Another approach is to provide the rxnber of housing units added and lost between April 1, 1980 and April 1, 1985. Building and demolition permits are a good source of such information. Be sure to include mobile homes and apartments, and indicate whether any of the apartments were for the elderly. Please try to be as specific as possible about the type of unit involved (single-family, apartment, mobile home, etc.). 3. You may also send us the number of active residential utility accounts in April, 1980 and April, 1985. We would prefer electrical accounts, but water and sewer is acceptable. If you are not served by a municipal electric utility, the name of the utility serving your city or township would be helpful. Utility data are much more useful when provided together with building permit data (see #2 above). Any additional information you can provide about your community will be appreciated. Changes in vacancy rates, the conversion of summer homes to year-round use, and changes in employment opportunities are the types of things we like to hear about when we are evaluating an estimate. One final request. when you write to us, please provide your address and a telephone number where you can be reached during the day. Thank you. Minnesota Pollution Control Agency VCP April 21, 1986 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable James A. Walsh Mayor, City of Albertville City Hall Albertville, MN 55301 Re: Wastewater Treatment Facility Albertville, Minnesota EPA Grant Number C271087-02 Dear Mayor Walsh: On September 30, 1985, the Minnesota Pollution Control Agency (MPCA) staff issued a Notice of Violation (NOV) to the City of Albertville, which set forth several areas of concern regarding the City's construction of new stabilization ponds to provide wastewater treatment for the City. On November 8, 1985, the City submitted a response to the NOV, which attempted to address the concerns raised by the MPCA staff. On January 30, 1986, the MPCA staff decided to withhold payment of grant funds for the Albertville sewage treatment project because of the staff's concern over the integrity of the liner installed in the ponds. On February 24, 1986, a meeting was held to discuss the issues that precipitated the hold payment order issued on the above -referenced grant. That meeting was attended by MPCA staff, representatives from your city, your consulting engineering firm, your contractor, and the liner manufacturer. We are writing now to advise you of the MPCA staff position regarding the Albertville project. The staff has determined that although we are unconvinced that the liner material in the ponds has been adequately sealed such that seepage from the ponds will be within the 500 gallon per acre per day requirement, we are releasing the remainder of the grant funds on the basis of the City's representation that the City will assume full responsibility for any future problems that result from failure of the liner. Please be advised, however, that the staff adheres to the concerns raised in the NOV and in our oral discussions. Additionally, we concur in the findings and concerns expressed by the U.S. Army Corps of Engineers in its letter dated April 7, 1986 concerning your facility. Phone: _ 1935 West County Road B2, Roseville, Minnesota 551 13-2785 Regional Offices • Duluth/ Brainerd, Detroit Lakes/Marshall/Rochester Equal Opportunity Employer _0400- The Honorable James A. Walsh Page 2 March 12, 1986 The reason this difficulty over the integrity of the liner has arisen, we believe, is because the City has failed to develop specific criteria of acceptability for the liner. The situation is complicated by the fact that the data submitted by the City about the seam strength of the liner have been conflicting and confusing. It is important that the City understand the staff's concerns and position about this phase of the project, and we discuss below our views on this point. Under the construction grants program, it is the sole responsibility of the grantee, here the City of Albertville, to establish minimum criteria for determining an acceptable seam for the liner material. At this time, your consulting engineer has not established these minimum criteria as best we can determine. The design strength for minimum performance of any pond liner (PVC or HDPE) is to assure the structural integrity and performance of the liner. If any portion of the liner fails to meet that standard, the entire liner may fail. The minimum design strength in your consulting engineer's specification is stated to be 55.2 pounds per inch -in -width of "tensile" strength for a 30 mil PVC liner. The same specification provides that an alternate 20 mil HDPE liner may be used. No minimum tensile strength standard is provided in the specification for the alternate HDPE material. Therefore, it is unclear from the specification whether HDPE is equal to PVC in seam strength or performance, or whether a different standard for performance is applicable to that material. The "latest" standard offered for determining an adequate seam, which was provided by the liner supplier and not by your consulting engineer, is based on what is referred to as "yield" strength (defined as the point at which the liner material will deform and not return to its original condition). None of the test results presented thus far utilize this standard for determining seam strength, however. Only test results reflecting utilization of "tensile" strengths (defined as the point at which the samples break) have been presented. Moreover, the test results that have been presented have been confusing. On August 13, 1985, we were shown laboratory tests that indicated that 90 percent of the specified "tensile" or "shear" strength applicable to your liner material was achieved. In your November 8, 1985 response to the Notice of Violation (NOV) issued on your project, you stated that a plastic welding seaming technique would result in a 50 percent "tensile" or "shear" strength. At our February 24 meeting, the liner manufacturer's representative utilized still other terminology when he indicated that 90 percent of the "yield" strength of synthetic liner material is the industry -accepted standard for The Honorable James A. Walsh Page 3 March 12, 1986 establishing adequate seam strength. Neither the City nor its consulting engineer has explained to our satisfaction which of the above -referenced terms would apply for determining the strength of your liner. Furthermore, the test results for the liner seams show a low peel adhesion strength, which is an accepted industry standard for liner seam strength. No adequate explanation has been provided to the staff for these low peel adhesion strength test results. When asked by us to explain the poor test results for peel adhesion strength, your consulting engineer had no comment. It appears that the city's intent to accept the installed liner is based in part on the average of the test results for the strengths of the seams tested. It is the MPCA staff position that the extremes in performance reflected in these test results are cause for concern about the integrity of the liner. In our view, the weakest test performance of the material reflects the point at which liner failure could occur and should be viewed as the true indicator of actual liner strength. Even if only a small fraction of the seams are weak enough to fail during placement of the cover material or during the projected 20 years of expected use, the entire facility would be affected, and contamination of local groundwater could possibly result. Your consulting engineer's explanation for accepting the seams in your liner was that he is satisfied with relying upon the liner warranty provided by the supplier. At the most recent meeting, it was disclosed that the warranty originally offered does not cover seams as required by the contract specifications. At that meeting, the liner manufacturer's representative stated that the liner supplier will agree to extend its warranty to cover these seams to satisfy our concern. We were encouraged to see such cooperation by the liner manufacturer; we have not, however, seen such warranty in writing. While pond liner cost itself is a substantial expense, the greatest cost associated with repairing a damaged liner is the labor cost associated with pumping wastewater out of filled ponds, removing the cover material to find the damage, and replacing the cover material after repairs are made. You may want to ask the manufacturer if these costs are covered by the manufacturer's warranty. Although we continue to have the concerns raised above concerning your wastewater treatment facility, because the city has expressed its willingness to accept the responsibility for the liner and seams as presently installed and because you are contractually bound under your grant agreement to construct and The Honorable James A. Walsh Page 4 March 12, 1986 operate a complying facility, we have decided to lift the withhold payment order. You should understand that your responsibility includes liability for any damages, economic or environmental, which may occur due to liner failure. As you are aware, the city entered into a formal contractual relationship wih the Environmental Protection Agency (EPA) and the MPCA when it executed a Grant Agreement (Identification No. C271087 02) dated September 16, 1983, and that pursuant to that Agreement the City agreed to abide by certain general and special conditions in its performance under that Agreement including compliance with applicable federal law. Among other things, the City agreed to be responsible for the compliance of this treatment facility with state and federal pollution standards as stated in Special Conditions No. 5 of its Agreement (referencing 40 C.F.R. § 35.2214). If the facility fails for any reason, the MPCA will look primarily to the city to bear the cost of cleanup of any contamination to the environment, and you will be responsible for any sanctions and economic consequences associated with the cleanup. If you have any questions regarding the above, plese contact Bruce Weaver at (612) 296-7765. Also, we are prepared to release the final grant payment to Albertville upon receipt from the City of a request to do so. 4S' ly, BA C./ SCHADE erector ivision of Water Quality BCS:pje cc: Gary Meyer, City Attorney, City of Albertville Maureen Andrews, City Administrator, City of Albertville Paul Meyer, P.E., Meyer-Rohlin, Inc. Bruce Ragan, U.S. Army Corps of Engineers