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1986-12-15 CC Agenda/PacketCITY OF ALB ERTVILLE ALBERTVILLE, MINNESOTA 55301 Ga -. PHONE: 497-3384 EI COUNCIL AGENDA DECEMBER 15, 1986 CALL MEETING TO ORDER APPROVAL OF THE AGENDA APPROVAL OF THE MINUTES DEPARTMENT BUSINESS a. Administration - Approval of a 3.2 Off -Sale License ($50.00) for: Albertville Bar - Approval of Sunday Liquor Licenses ($200.00) for: Albertville Bar Heidelberg Inn. Approval of Coin Operated Game Machines Licenses machine) for: Albertville Bar Heidelberg Inn 152 Club - Approval of Cigarette Sale Licenses ($12.00) for: Albertville Bar Heidelberg Inn 152 Club Don's Auto Hackenmueller's - Donald Berning's Resignation --Effective Jan 5th, 1986. - John Vetsch--Jaycees applications for Pull Tab License - Building Inspection--Thore Meyer and Loren Kohnen - Swearing in of new Council Members and Mayor before Don's term is expired - Personnel Policy Committee (appoint of Council members to meet with Maureen and Ken) - Income Recieved and Bills to be Paid • - Dr. David Ehlenz and Bruce Nelson Marketing To Meet the Needs of the People of Albertville b. Maintenance - Payment of Overtime (181 hours X $10�10.= $18,281.00) • - Letter from Ken to the Council re: Raise, Vacation and Medical Benefits - Other Items (?) `Make our Crt lye invite y ' ' • . COUNCIL AGENDA PAGE 2 VI. VII. c. Engineering - Pay Request for Anchor Asphalt - Letter to Michael Wright of the U.S. Army Corp. of Engineers - Other Business d. Legal - PCI Settlement • - Frankfort Township and the City of Albertville Lawsuit - Change in Joint Power's Agreement OTHER BUSINESS a. All Terrain Vehucle Use in Minnesota b. For Your Information --League Insurance Changes C. --Right of Way Vocation on CSAH 37 d. Other Items CALL FOR ADJOURNMENT I hope you all have a Merry Christmas and a New Year!!!! SPECIAL COUNCIL MEETING DECEMBER 4, 1986 A special meeting of the Albertville City Council was called to order by Mayor Jim Walsh. Members present included Gary Schwenzfeier, Don Cornelius and Bob Braun, while member Donatus Vetsch was absent. Others present included Maureen Andrews and Arlan Middleton. The purpose for the special meeting was to review the League of Minnesota Cities quote for umbrella coverage which the the City insurance agent had just recieved. Arlan Middleton went through the quote and explained it and in addition he explained that the special meeting had been called, because the League would back date the coverage and if the City did decide to take the coverage there would exposure for any time the policy was not enforced. Arlan pointed out that neither Public Officials or Liquor were covered under this umbrella. The Public Officials is not covered because the City went with Tudor Insuance and Liquor because the City does not own any municipal liquor stores. There was a question regarding liquor being served at City Hall for a fund raiser or service organization meeting. Arlan explained that a fund raiser would be covered under the dram shop insurance required and the case would fit under the catagory of "host liquor" which is part of the City's general libility. There were then a motion made by Bob Braun and seconded by Don Cornelius to approve the umbrella coverage of $1,000,000.00 in addition to the $60,000.00 coverage of the City general libility. The cost of the additional coverage is $3,103.00. The following vote was counted: Bob Braun --aye, Don Cornelius --aye, Jim Walsh --aye and Gary Schwenzfeier--nay. the result was 3 to 1 and the motion carried. There was then a motion to adjourn. The motion was made by Don Cornlius and seconded by Bob Braun. All were in favor and the motion carried. CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PHONE: 497-3384 COUNCIL MINUTES DECEMBER 15, 1986 The regualr meeting of the Albertville City Council was called to order by Mayor Jim Walsh. Members present included Gary Schwenzfeier, Donatus Vetsch and Don Cornlius. Bob Braun was absent. Others present included Maureen Andrews, Don Berning, Barry Johnson, Gary Meyer, Ken Lindsay, Thore Meyer, Loran Kohnen and Loretta Roden. There was a motion to approve the minutes of the December 1st Council meeting. The motion was made by Gary Sxhwenzfeier and seconded by Don Cornelius. All were in faovr. There was then a motion made to approve theminutes of the December 4th Special Council meeting. This motion was made by Don Cornelius and seconded by Donatus Vetsch All were in favor and the motion was approved. The following licenses were approved on the following motions: 3.2 Off -Sale license for the Albertville Bar. The motion was made by Gary Schwenzfeier and seconded by Donatus Vetsch. All were in favor. Sunday Liquor licenses for the Albertville Bar and the Heidelberg Inn. The motion was made by Don Cornlius and seconded by Gary Schwenzfeier. All were in favor and the motion carried. There was some dicussion on whether or not the Council should increase the license for coin operated machines. After the dicussion there was a motion to increase the fee from $10.00 to $30.00 per machine. The motion was made by Gary Schwenzfeier and seconded by Don Cornlius. All were in favor. There was then a motion made by Donatus Vetsch which was seconded by Don Cornelius to grant the licenses at $30.00 a machine. All were in favor and the motion carried. There was a motion made by Donatus Vetsch and a second by Gary Schwenzfeier to approve cigarette sale licenses for the Albertville Bar, Heidelberg Inn, 152 Club, Don's Auto, and Hackenmueller's. All were in favor. Don Berning's letter of resignation was read by Mayor Walsh and accepted by the Council. Jim explained to the Council that the January 5th date was so that Don could swear in the new mayor, council members because Maureen would not be officially the clerk until the first meeting in Jan- uary. The next item discussed was the water problem the people of Albertville had been experiencing in couple month period, in particular the problem ^ at the school. The Council was given a copy of a letter sent to the Joint Power's by Bernard Burke, in which he states his concern about the discolored water and the lack of attention to the problem by Munitec. Make our City........ Your City We invite Home, Industry, Business COUNCIL MINUTES PAGE 2 Jim informed the Council that at the last Joint Power's meeting he r. had asked that the Board make a formal apology to the residents of Albert- vill and the school regarding the poor water conditions, but that the Board took no action toward that step. In addition Jim informed the Council that he had spoken with an outside testing firm (PACE LABS.) to see about having the water of Albertville tested so that we could report back to the residents that the water is ok. In an effort to keep the cost of the testing down PACE would send out the testing bottles and Barry and Ken would collect the samples and send them back for testing. It was suggested that a notice be put in the paper regarding the need for residents to drain the bottom of the hot water heaters and softeners in order to drain off and minerals that can cause damage to the equipment. Finally, the last matter regarding Munitec is that Jim told the Council that at the December meeting he had planned to ask for Munitec's resignation because of the poor job they are doing. He suggested that the members of the Council take some time to stop out at the Joint Power's building to see how poorly things are being taken care of. He further explained to the Council that members of the Joint Power's tabled the discussion of the Joint Power budget therefore he was unable to make his request. The next item discussed by the Council was the possibility of combining the Engineering and Building Inspector's jobs into one. Both Thore Meyer and Loren Kohnen were present for the discussion. Jim explained to the Council that he felt that the City would be better served by combining or coordinating the two aspects of developing together, that is engineering and building inspection. Donatus asked if there would be any additional fees? It was explained that the inspection would be done on the same type of schedule as the City is currently working under. Thore Meyer said that he felt the Meyer-Rohlin could do the work and had someone who would work as the firms inspector. Loren stated that he feels that most cities have a building inspecting department or have it as a part of the Community Development Department but that never under the Engineer. Gary asked what the City would gain by putting the two department together under one? It was pointed out that there had been a lack of communication this summer which resulted in some problems occurring that Council had to take action on. At this time Donatus stated that he thought the intent was to let the Building Inspector work with the City Engineer. That how he thought it started out. Jim stated that Kevin had said at an earlier meeting that he couldn't get elevations for roads from the Enginnering Department. Loren then stated that he was told that all he had to do was to contact the City engineer to get the elevations. He also stated "I'll provide engineering services for the City at a lower rate." COUNCIL MINUTES PAGE 3 �. Loren then stated that "several houses this summer were surveyed improperly and we had to redo their work." Claims it was Meyer-Rohlin's work. Thore Meyer asked that he get the information for him as what house it was. Jim then stated that perhaps the City should consolidate facilities of Building Inspection and Engineering. Loren state the there would be a conflict of interest whenever there is a survey done. Jim said that he didn't see were there was a conflict. Donatus again stated that it had been his understanding that the 2 depart- ments would work hand -in -hand that is why he the questions about additional fees. A motion was made to require information on the building permit regardinq elevations adn require that it be checked by the inspector before the permit is approved by the council. The motion was made by Gary Schwenzfeier but was not seconded. With no second the motion was withdrawn. There was then a motion made by Gary Schwenzfeier and seconded by Donatus Vetsch not to combine the two department together. The vote was Schwenzfeier- aye, Vetsch-aye, Cornelius -aye, Walsh -nay. Gary Meyer then recommended that the building inspector and the engineer meet to discuss the problems that have occurred in the past and prepare a written recommendation to the Council for the January 5th Council meeting. The next item discussed was the need to set up a committee to set the personnel policy for the City's employees. Don Cornlius and Donatus Vetsch were asked to sit with Maureen Andrews and Ken Lindsay to work on the new policy. The next item on the agenda was Ken Lindsay's request for a 590' salary in- crease over his current salary. This item was carried until after the regular meeting was completed. Ken' s overtime was then discussed. As of December 15th Ken is carrying 181 hours of comp time at $10.10/hr. or $1828.10. There was a suggestion that Ken be paid for his overtime and then be limited to the number of hours he could accumulate. Ken asked to be able to take some time off in the next few weeks as long as the weather stayed nice. It was agreed that the comp time could be worked down through the first of the year and at that time the Council could agree to pay him for the remaining number of hours. Ken asked that the number of hours he could acculate be set at 40 hours, because during the summer he likes to take some long weekends. It was pointed out that the limit on the number of hours being allowed to be carried is a way to better police the overtime as to whether the required work is being done or if additional help is needed. There was a motion to pay Ken Lindsay the balance of he comp time at the end of the year. The motion was made by Gary Schwenzfeier and seconded by Don Cornelius. All were in favor and the motion carried. Barry went through the pay request for Anchor Asphalt. He informed the COUNCIL MINUTES PAGE 4 Council that he was recommending that 10/'0' be retained until spring so that he can check the quality of work. If the amount of work that might need to be redone in the spring amounts to more than the 10°0' those additional charges would need to be discussed at that time. Barry reviewed with the Council a letter sent to Michael Wright of the U.S. Army Corp of Enginees. This letter is a following up to some items the Corp requested on the wastewater treatment facility. Barry told the Council that he had seen a motor grader advertised in the league magazine and suggsted that the City look into it. He said that he thought the price looked good and that it would save the City some money instead of having to contract out the work. It was agreed that Ken and Don Cornlius should look into the equipment. This was done in a motion made by Donatus Vetsch and a seconded by Gary Schwezfeier. All were in favor. The next item discussed was the PCI liquidated damages settlement. Gary Meyer reviewed some of the issues brought forth in the meeting with Ron Gibbons of PCI. He told the Council that it was PCI's position that some of the delays were beyong there control and that they had done work that was never charged for. Gary next reviewed with the Council the agreement with PCI and the amount of the agreed upon settlement. The amount of the settlement was reached by counting days of damage up until the date that the MPC*-approved the water balance test,-wbich is August 11986. Making the settlement in the amount of $22,680.00. There was a motion made by Gary Schwenzfeier and a second made by Don Cornelius to forward a copy of the agreement to PCI for their signature. All were in favor and the motion carried. Gary Meyer next introduced Dr. David Ehlenz as the new President of the Development Corp. Dr. Ehlenz in turn introduced Mr. Bruce Nelson, a marketing expert from the Buffalo area. Dr. Ehlenz explained that the Development Corp. had met with Bruce in December to discuss a possible joint venture with the City in developing some marketing materials for the City. Dr. Ehlenz pointed out that while the Development Corp. endorsed the idea in concept has not taken any steps to specify a plan of action or committed any money at this point. He stated that they would only become invloved with the project if the City agreed to participate. Bruce Nelson next addressed the Council. He had forwarded copies to the Council an out line of what step could and should be taken in developing a marketing proposal. He first reviewed this material with the Council going through the points discussed. He also discussed the importance of getting the service organizations and community at large involved in a project of this type. After a lenghty discussion it was decided that Mr. Nelson would come back to both the Development Corp. and Council with some more detailed ideas and cost figures. It was a greed that Mr. nelson should meet with the Development Corp before coming back to the Council so not to schedule the discussion until the second meeting in January. COUNCIL MINUTES PAGE 5 Gary Meyer then dicussed the Frankfort Township/Albertville Lawsuit. It was decided that the resolution should be retyped and set back to Frankfort with an explaination on why the City of Albertville can not agree to forego the $5,000.00 if St. Michael is not required to. With regards to the change in the operating agreement, Gary believes that the City of Albertville can not allow a change in the agreement to occur because of the City's responsibility for bond. He does feel however that the City can agree to a one time proposition that would allow the Joint Power's to use the excess funds for the installation of a new well while at the same time not effecting the entire agreement. In addition, Gary has agreed to contact the attorney for the Joint Power's to discuss these issues in more detail. Gary next reviewed with the Council the draft of the final ruling on the Valerius annexation. The final hearing was set for Friday, December 19th in St. Pual. There was some discussion regarding All Terrian Vehicles and snowmobiles. It was decided that the City would have a deputy at one of the next Cou ncil meeting to discuss inforcement and ordiances. There was some discussion regarding the right-of-way vacation on Co. Rd. 37. Maureen was asked to contact the County about the matter for more in- formation and asked to bring back any additional materials regarding the matter to Council. There was a motion to pay bill. The motion was made by Don Cornelius and seconded by Donatus Vetsch to pay check through '1_ and #l-_. The payment of Economic Development Administration loan should be held pending payment of the Joint Powers at which time it could be re- leased. All were in favor. Jim then took some time to thank the Council and staff for their hard work douring his two years as Mayor. At this time the meeting was moved to the small meeting room to discuss Ken's Salary increase, so that the rest of those present could enjoy the little Christmas party. SPECIAL MEETING WITH KEN LINDSAY DECEMBER 15, 1986 There was a motion made by Gary Schwenzfeier and a second made by Don Cornelius to increase Ken's insurance coverage from $50.00 to $85.00 a month so that it equals Maureen's allotment. Both being equal. All were in favor. There was a motion made by Gary Schwenzfeier and a second by Donatus Vetsch to increase Ken's wages by So instead of 3.5o as in the 1987 Budget. This incease amount to $1,050.00 more over his 1986 salary. All were in favor. Ken then requested that he be allowed to purchase a new metal detector for the City. He was authorized to buy one and have it billed out for in 1987. The special meeting as well as the regular council meeting were adjourned. (Minutes of the special meeting taken by Donald Berning.) INCOME RECIEVED NOVEMBER 17, 1986 G.L. ANDERSON CONSTRUCTION DOUG PSYK NORTHSTAR TITLE DON CORNELIUS JOHN ZACHMAN WILFRED LINDENFELSER TOTAL BILLS TO BE PAID NOVEMBER 17, 1986 BUFFALO BITUMIOUS SPRINGSTEAD WRIGHT COUNTY AUDITOR/TREASURER MINNEGASCO G.D. LaPLANT COAST TO COAST CHOUINARDS HACKENMUELLERS COMMUNICATION AUDITOR'S MINNESOTA COPY SYSTEMS, MEINY'S DIGGERS, INC. KILIAN HARDWARE HANK ROTO-ROOTER SERVICES CO. MEYER-MILLER GENERAL COMMUNICATIONS, FAIR'S GARDEN CENTER JERRY VALERIUS JIM FARRIS BERGSTROM'S MAUREEN ANDREWS KEN LINDSAY BOB MINKEMA INC. INC. $733.90 10.00 150.00 150.00 150.00 20.00 1,213.9O $9,150.03 260.00 1,642.50 82.47 33.00 1.18 106.20 89.14 20.12 186.24 205.00 10.60 2,280.00 1,100.15 127.20 33.27 100.00 10.00 16.00 461.41 592.91 400.00 TOTAL $16,907.42 CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PHONE: 497-3384 ALBERTVILL.E P01P1..,5 *-- 55MI (sc-A) (Wright) Lap. Dist.: 22A Cont. Dist.: 6 Elect ion Mont h t Novagiber`" Election Yeart E C. Hall Hours& SaU a.m.` - Soft p.m. Mayor--I"1iftXAXXOiat sk Loretta Roden 113RRXitXMNX110 11552-56TH Street, N.E. Admire --Maureen Andrews. sty-, -'2j�-4 44,, ( H> 'Ati, - �;k(—�8 c �> Box 131 new title--Adm.-Clerk-Treas. Phones 612-497-3384 o f E C 1 ark-Treas. --R NANXIONNUN RdKXI*tx Phant 6120110113 Council --Robert Braun 11571 - 37th St. 14cfj - 2,L4 oI Dona 1 d H. Corn i i us 11661 - 51st St. NE LI Ci l - L2az 1 Gary Schwenzfeier P.O. Bow 46 ar14I D. J. Vot sch 11572 - 57th St. NE L1q-1 -Qp 34 Aud.--Sruys, Johnson i Assoc. Atty.--Gary Mayer oti-9 -I - ('-s }" 5+ Q. E - _. Enar.--Thore P. Meyer 9 Associates iV\E-TRn 3 3 3 - Buffalo 55313 Fire Ch.--David Vatsch 4q-I -,3L coL7 W yq1 Be insp.--Loren Kohnen 4390 Woodhill Drive Loretto 55357 St.Comr.--Donald H. Cornelius W.Supt.--Ken Lindsay �i-1 - 3384 (W ) L4 "-aaCA C_b� ti Wt w. P 1. 0p. --Ken Lindsay Civ. D. Dir. —SraSory Berninp LIq-i - dcb.�S(w) qq-j _ 3- cs I (-H) Matting: ist : 3rd Mon. i Make our City........ Your City We invite Home, Industry, Business cPd- I 4 District Off,:,i 497 3181, PUBLIC SCHOOLS Independent School District 2385 St. Michaei. Minnes: to 55376 e.,1LthLu .. i, - mi tali- School High School 1' f ;:+12655 497-2192!2692 December 8, 1986 Dear -Sirs We are sending some recent water samples from the Albertville Elementary School. I have talked with some home owners in the area and they are experiencing the same problem. A serviceman from Unitech was out to the school at the beginning of last week. He assured us he would be back later in the week to flush the lines. That was the last anybody heard or saw of him. The system needs to be better maintained than it is at present. Sincerely, Bernard Burke 12115186 MEMO TO: City o6 Atbentvitte FRDM: Lonen Kohnen Metno-West InApection Se4vice4, Inc. RE: Buitding Inspection - 1987 The Aottowing ane eenvicez pnovided 6o4 the City ob Atbentvitte bon buitding tnlpeetion by Metno-Alez t Inzpectton Senvteez, Inc. 1 ) Receiving phone catt s bon in spec Lion s, que stiona bnom cont4acto4.s and pnobtem sotv4'ng Sta4ting at 6:00 A.M. bnom Atbeatvitte 4u dente, etc. and an,swerving catte as Late a.5 10:00 P.M. 2) Weekend inspections made upon neque.et 64om 4esidente as needed. 3) Inspection �senvice pnovtded on an on -going bast,5, no intennuptionz due to vacation,5, .6ich days, etc. 4) Continut.ng education 4o4 building inzpection pnovided by Met40-Wezt. 51 Hoepttattzation 4oa emptoyeez pnovided by Metno-Weet. 6) Mileage and vehicle expeneez 4o4 emptoyeez pnovided by Metno-Went. 7) Hetp with ptanning and zoning ass nequeeted at no change to the City. 8) Bitting zubmttted to the City only a6te4 jobs ane 100% eompt eted. 9 ) Excettent wo4king netation,ship with the aezidentz, contnactou, etc. METRO -WEST'S uati icationz/Ex e4ience: Foua 4 ceati ie Ctase TT Inepectonz; Buitding Inapeetton: 19 yean total Canpentny: 32 it Masonny: 29 It Ptumbing: 3 It Mechantcat-Heating-Ain Conditioning: 4 " it Etectfticat: 4 of Onabttng/E.,timating: 7 it In-spection Retated Schooti.ng (6utftime 9 nights): 12 ff Zoning (butt time One (t) yean): 3 " It Pleaee beet bnee to Batt i6 you ehoutd have any queztionz: 479-1720. INCOME RECIEVED DECEMBER 15, 1986 GARY VETSCH $ 10.00 SEWER ACCOUNTS 240.00 WRIGHT TITLE GUARENTEE CO. 3,321.85 WRIGHT COUNTY (DECEMBER SETTLEMENT) 13,742.06 "11 if 6,655.76 5,965.28 17,560.28 " 131,576.22 REGISTERED CLOSERS 3,926.77 NORTHDALE 55.00 ALBERTVILL_E JAYCEES 1,000.00 WRIGHT COUNTY --JUVENILE COURTS 106.25 METRO WEST INSPECTION (DONATION TO PARK AND 50.00 FIRE DEPARTMENTS-425.00 EACH) RON ANDREA 5,976.18 REGISTERED CLOSERS 8,540.46 MEINY'S DIGGERS 20.00 TOTAL $198,745.83 BILLS TO BE PAID DECEMBER 15, 1986 MAUREEN ANDREWS 461.41 MAUREEN ANDREWS 7.99 KEN LINDSAY 592.91 SNYDER DRUG 23.95 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 8,428.00 C/O NORTHSTAR RISK INSURANCE KILIAN HARDWARE 31.39 MEYER-MILLER 398.50 NORM ARNS 140.00 MEYER-ROHLIN (ENGINEERING FOR WWTF--SEWER ACCOUNT) 11,356.16 WRIGHT COUNTY HIGHWAY DEPARTMENT 304.43 DENNIS FERN GRAVEL 92.00 LUVERNE FIRE APPARATIS CO., INC. 49.30 UNIVESITY OF MN --AGRICULTURAL EXTENSION SERVICE 8.00 WATER PRODUCTS--$37.49 & $13.98 51.47 HACKENMUELLERS 37.41 ANCHOR ASPHALT, INC. 7,350.75 ECONOMIC DEVELOPMENT ADMINISTRATION (JOINT POWER) 72,500.00 FARMERS HOME ADMINISTRATION (STORM SEWER LOAN) 11,600.00 FARMERS HOME ADMINISTRATION (STREETS LOAN) 21,000.00 NORWEST BANK MINNNEAPOLIS 10,673.75 " if if 5,918.40 G.D. LaPLANT 33.50 CHOUINARD 35.60 ST. MICHAEL INSURANCE AGENCY 31.00 BRIAN BEBEAU (PLANNING CONFERENCE) 40.00 RAY VETSCH (PLANNING CONFERENCE) 40.00 " $151,213.19 WRIGHT VOUNTY AUDITOR -TREASURER $ 1,642.50 TOTAL $152,855.69 -WEYER-ROHLIN, INC. ZC7 LJ OrNG/NEERS-LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612-682-1781l-= December 11, 1986 City of Albertville c/o Maureen Andrews, Administrator Albertville, MN 55301 PROFESSIONAL SERVICES RENDERED: Re: Wastewater Treatment Facility Step III Engineering Invoice No. 6 DIRECT LABOR COSTS - for pay periods ending on dates indicated. 05-25-86 Eng II 2.5 hrs. @ 18.17 = $ 45.43 Eng III 26.5 hrs. @ 11.11 = $294.42 Eng III 2.0 hrs. @ 9.62 = $_19.24 $ 359.09 06-06-86 Eng II 2.0 hrs. @ 18.17 = $ 36.34 Eng III 17.5 hrs. @ 12.40 = $217.00 3 Man 1.0 hr. @ 10.00 = $ 10.00 Survey 1.0 hr. @ 7.50 = $ 7.50 Crew 1.0 hr. @ 6.00 = $ 6.00 _ - $ 27b.B4 06-22-86 Eng III 15.0 hrs. @ 12.40 = $ 186.00 07-o6-86 Eng III 12.5 hrs. @ 12.40 = $ 155.00 07-20-86 Eng II 3.5 hrs. @ 18.17 = $ 63.60 Eng III 21.0 hrs. @ 12.40 = $260.40 ��$ 324.00 08-03-86 Eng I 6.5 hrs. @ 21.73 = $141.25 Eng II 3.0 hrs. @ 18.17 = $ 54.51 Eng III 34.0 hrs. @ 12.40 = $421.60 ---$-b17 3b- 08-17-66 Eng I 7.5 hrs. @ 21.73 = $162.98 Eng III 29.5 hrs. @ 12.40 = $_365.80 Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor 08-31-86 Eng III 18.0 hrs. @ 12.40 = $ 223.20 09-14-66 Eng I 3.5 hrs. @ 21.73 = $ 76.06 Eng III 35.5 hrs. @ 12.40 = $440.20 51 .2 09-28-86 Eng III 14.5 hrs. @ 12.40 = $ 179.60 10-12-66 Eng III 3.0 hrs. @ 12.40 = $ 37.20 10-26-86 Eng III 4.0 hrs. @ 12.40 = $ 49.60 11-o9-86 Eng III 7.5 hrs. @ 12.40 = $ 93•00 11-23-86 Eng III 5.0 hrs. @ 12.4o = $ 62.00 Eng III 1.5 hrs. @ 10.10 = $ 15.15 12-07-86 Eng I 3.5 hrs. @ 21.73 = $ 76.06 Eng III 14.0 hrs. @ 12.4o = $173.60 Eng III 2.0 hrs. @ 10.10 = $ 20.20 -` $ 26-9 . b0 TOTAL DIRECT LABOR COST $3,893.14 INDIRECT COSTS $3,b93-14 x 1.40 (as per contract agreement - to be adjusted at end of fiscal year 1986) $5,450.40 DIRECT COSTS TSP One, Inc. (Electrical Eng. Inspection) $ 493.01 FIXED FEE ($3,893.14 x 5,450.4o) x 16% = $1494.97 493.01 x 5% = 24.65 M $ 1,519.62 TOTAL INVOICE NO. 6 $11,356.16 LAW OFFICE MEYER & MILLER A Partnership of Professional Corporations 9405 - 36TH AVENUE NORTH NEW HOPE, MINNESOTA 55427 laity n+ tiinertuiiip iD ('inn [Bern i ng `lbertvi i 1e 114 553Ai RE: E1 e! t i on i-up L i ong STATEM+t-NT OF ACCOUNT �..; FQR.P_ R,�S,1 A GARY J. MEYER, P.A. ROBERT J. MILLER, P.A. TELEPHONE (612) 542-3030 AMOUNT REMITTED TERMS: NET 30 DAYS BILLING CYCLE CLOSES _ ON STATEMENT DATE: FILE NO.: 1.1 �--'40-1 251`1 PLEASE RETURN THIS PORTION WITH REMITTANCE DESCRIPTION AMOUNT 1 1 —05—R6 Research 1 1 —05-86 Telephone conference with Maureen Andrews t t-05-86 Telephone conference with ,Tim Walsh 11-05-86 Telephone conference with Loretta Rndpn t 1-05-86 Telephone conference with Secretary of State 11-05-86 Telephone conference with Auditor ti-06-86 Research 11-06-86 Prepare for meeting 1 1-06-86 Attend council meeting 5 FOR SERUI CES RENDERED TOTAL. DUE THIS INVOICE DEBITS 1-R CREDTTA APP1_TED LESS PAYMENTS 8A1_ANGE DUE 312.50 332.50 0.00 0.00 MEYER & MILLER (612) 5413030 w' LAW OFFICE MEYER & MILLER A Partnership of Professional Corporations 9405 - 36TH AVENUE NORTH NEW HOPE, MINNESOTA 55427 STATEMENT OF ACCOUNT FOR PROFES§10!4!L E ylCFE GARY J. MEYER, P.A. ROBERT J. MILLER, P.A. TELEPHONE (612) 542-3030 AMOUNT REMITTED TERMS: NET 30 DAYS it+' C,•r Aibertt!i c/o Don Bern i n q BILLING CYCLE CLOSES 1 _ ail _r A) bF r• t u j T T P 55301 ON STATEMENT DATE: FILE NO.: '� 1 $'�I.J — 1 180 PLEASE RETURN THIS PORTION WITH REMITTANCE RE: -lei int:•;ieUrlrl_ r_SERIYrlt rirl:ITfa�i' Ftr+Lri('d1.-:r i ,Ii'; �¢TE DESCRIPTION AMOUNT i-_ _ Pr-ordinib i:r-eis) E-zk emen tE _ul TOT "L EXPENSE: Ti'ITAI DUE THIS i P•JUG I CE •=c7 . 50 DEEaTT'S i INCREF) T TA APPL T ED 0.00 i.E S PO4"I HENTS Il , f_IIj SAL ► NCE D ►F 37.90 RE: P"iunicipaI Work DATE l DESCRIPTION _nter•ence rh Haur•ePn PRFVTOU. SALA14CE 171 AICI FOR `=:EN(..'T CES RFNDERED TOTHL. CLUE THIS T t k)I7i I C:F DEBITS OR i:REDIT:_n' ► PPLIED LE'o:=� PAYPIENTS RAi ANI=E DUF I 28.50 2d.541 r1,0n 171 .GCI 2$ . 5C1 MEYER & MILLER (612) 542-3030 TO City Council City of Albertville Albertville, Minn. 55301 DARRELL WOLFF Wright County Sheriff BUFFALO, MINN. 55313 REGARDING: Monthly report DATE: Dec 11, 1986 Dear Council: Enclosed is your monthly report for November, 1986. A total of 90 hours were worked for the month. Your billing is as follows: November, 1986 -- $ 1,642.50 DW:dl enc. Yours truly, Darrell Wolff Wright County Sheriff N RUN: 9-DEC-86 _ INSTALLATION NAME --WRIGHT CO- SHERIFF DEFT- . FADE 55 `3S14 JI.RIS=21 **ttff ' PRIMARY ISN'S ULY: NO E N F 0 R S CALLS FOR SERVICE SUMMARY By 1JOC/MOC - ALL 11/01/86 fft 11/30/86 ACTIVITY CODE/ WESCRIPTION URID LOCATION OFF INCIWfl SEQ TIME DATE SON/ 1 NO NV OCC REPOIITED BUSINESSPERSON/ NAME PERSONS CALLING IN COMPLAIN SITS SIGN TI-MA. ALBERiVILLE VILL 276 86951504 1 2135 11/28/86 MEYER, ERIC PAUL CNA US 9031 STOP' SIGN lI-Mq ALbERfVILLE VILL 299 86951W08 1 2150 11/05/86 STEINER, KEITH JOSEPH 9120 SNOWBIRD TI-fA ALRERIVILL.E VILL 265 86953052 1 1600 11/20/86 WELSH, %ERYL LYNN 9120 SNOWBIRD TI-MA ALBERTVILLE VILL 285 86952405 1 0� 11/24/86 AMPOR LOS, STEVEN JAPES 9I20 SNOWBIRD lI-MA AL.BERIVILLE VILL 285 86952406 1 OM11/24/86 TWIN, AU E[*" 9120 SNOWBIRD T1-MA ALBERIVILLE VILL 265 86953049 1 0343 I1/19/86 ZACHMAN, KEVIN WILLIAM 9120 SNOWBIRD TI-MA ALBEFTVILLE VILL 265 86953053 1 0350 11/20/86 SiMAf.HfR, JAMES CLIFFOk 9120 �HOWBIfiD TI-!1A ALBERNILLE VILL 265 86953563 1 2350 11/23/86 LUM, PATRICK MICHAEL 9120 SNOWBIRD TI-MA ALBERTVILLE VILL 86953564 1 0405 11/23/86 GU1H, PHILIF' G 9120 SNOWBIRD TI-tIA ALBET7TVILLE VILL 265 86953567 1 0400 11/23/86 MEAL.HM, KEVIN TUDD 9111 f: IV�ff 911 ALBER'1V1LLE VILL 285 86013512 1 2352 11/24/86 HEIIIELEERGER, WILLIAM JER 9210 DAR/OAS/OAC 0 kM7VILLE VILL 265 86013683 1 0120 11/30/86 WRIUff COUNTY 5'HM1I7'S D 9210 DAR/OAS/DAC TI-MA ALBERTVILLE VILL 276 86951929 1 2135 11/28/86 MEyEII, ERIC FAUL (OiAfdES 9210 BAR/DAS/DAC 11-H1A ALBERNILLI: VILL 265 86953575 1 0120 11/30/86 EISELE, JOHN MELVIN — 00 9-DEC-% 7S14 JUIRIS: 21 PRIMARY ISN'S Cky.. NO ACTIVITY COME/ DESCRIFrfION INSTALLATION NAME --FIGHT CO. MIFF Del- t f t t t t ENF0RS CALLS FOR SERVICE SUM& BY UOC/MOC - ALL 11/01/86 TFRU 11/30/86 OFF INCIDENT SEQ TIME DATE (AID LOCATION 1 NO NO OCC REPORTED 9402 MV-FN . 0 AWOVILLE VILL 9402 MV-MV 0 ALBER1VILLE VILL 9651 LIQII�t VIOLATION 0 AL ERTVILLE VILL 9651 L1QW VIOLATION 911 At LOTVILLE VILL 9730 MEDICAL 911 ALBmVILLE VILL )0 t%&IC PEACE 911 ALBERIVILLE VILL 9801 DI>lESfIC 911 ALLERNILLE VILL 9943 SUSPICIOUS C1RCLWfN as 911 ALBERTVILLE VILL 9990 CIVIL 0 ALBERTVILLE VILL `35M 0 ALBERTVILLE VILL TRAF-ACCID-PIS IVE LM R INFLLMI OF L19 P3120 &4v%o0&A-)A7j''; PRW ON"E-MS-MBLICAX INTENT 0 N BERTVILLE VILL 17 - Car & subject checks 2 - Citizen aids 7 - Motorists warned 13 - Traffic tickets issued. 262 8WI2769 I 1600 11/03/86 BUWEID, VALENTINE JOFN 262 86012769 2 1600 11/03/86 K ESE, JEM DONALD 271 8WI2972 1 0243 11/09/86 VILLAW&k, MAMR 299 86013665 1 1831 11/29/86 FAGERNESS, LOREN %013662 1 1737 11/29/86 BOBti"IER, kAR%y 265 86012671 1 2335 11/01/86 WALSH, RfiG'ER 265 86013444 1 2245 11/22/86 299 86012961 1 2120 11/08/86 DAVIS, FRANK C 297 86012767 1 1813 11/03/86 NELSON, DAMES LLMINES 271 86012834 1 2335 11/05/86 WRIGFII COU y SFEkIFF,S D 282 86012756 1 I= 11/03/86 ST MICHAEL ALBERTVILLE SC FINS 10-11EC-86 vwl JRISt 21 ARREST NAME/ NO ADDRESS INSTALLATION NAME -WIGHT CO. SHERIFF DfPi- ttttt E N F 0 R S ARREST LISTING 11/01/86 TIN 11/30/86 DATE OF OFFENSE CODE/ MISC BOB SEX RACE ARREST DESCRIPTION ARREST � DISPOSITION SWI28M MARTIN GREGORY RIUM 07/19/59 M W I1/05/86 114� N1TH ST W Al RFRTVII I E MN J3500 271 REL BAIL OR R0k TRAF-"'o-MS-DRIVE Lf'M 1NFLLUCE OF UO 0 L Lr c iT/ r't:rnic /L ►Ct uL--.i PC- � AL.IMy to 1 mot: 7 �1 /} i N o A l .4L. C,7 s- /7 ,q 'D . .t7C,e syS;c i 7A-Y -i 1-d h��c A6:jr-*i. y- 1 S o n 6,4 E s 4i T C A, / ��Ni ✓htNw' voJ(r^.iC ,Nvtv,' Svi Stiu.../�/Lt.. /•uC� , S,IW�/.1/j s %�tE� �' I r Hwwi> ��ii�j{' N 6 L / C- 1} e,( £ o H p; nn =-r/ai ; /�! �o //�s ��Ii-� lwd n•oRC q�s�,!/cu tuC4C 4�t1�r� c.-// c c� ,�� , C/Pt rircl`f �cr2/C ,( arf✓J /w i48 7, /f►J 1A 0 , 7/ e ,j R D4 G �,9 c' .i ? i ..v 7 U 7-cT1jL s i' ic` �,t/ ,✓c �i j��. E ti �f i t s s�Xct t D AID Aiic:C. il-C , �), i i,,( MEYER-ROHLIN, INC. O LJ p ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn. 55313 Phone 612 - 682-1781 December 11, 1986 Department of the Army St. Paul District Corps of Engineers 1135 U.S. Post Office & Custom House St. Paul, MN 55101-1479 Attn: Mr. Michael Wright Re: 1984-1 Improvement Project Albertville, MN C-271087-02 Dear Mr. Wright: This letter is in response to items as discussed in your October 23, 1986 letter and relating to the above reference project. Item 1 is in the final stages of completion. A' tentative agreement has been reached concerning the liquidated damages. Item 2 has been completed. Item 3 has not been completed as of this letter. Item 4 has been submitted to the MPCA. Item 5 has not been submitted. Item 6 is in its final stages. Item 7 is included in this letter. Item 8 is underway. Item 9 is after Item 8. Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor If you have any questions, please call me at (333-5885). Sincerely yours, TME R-ROHLIN, I G arry John on Proj ct Engi eer BDJ:lg cc:E-8401-E cc:City of Albertville, w/enclosure cc:James Bestick, MPCA, w/enclosure cc:Keith Ness, MPCA, w/enclosure cc:Bruce Ragan, COE, District Office /Cl - SUBJECT MESSAGE FROM 5z7 PROGRESSIVE CONTRACTORS INCORPORATE[ 8736 Zachary Lane Osseo, Minnesota 55369 Telephone: (612) 425-4515 DATE i1/ � /FL SIGNED A/. F-1 NO REPLY NECESSARY ❑ REPLY REQUESTED - USE REVERSE SIC EMI �JF REPLY •Ci'�i� ��',`r 1 ATTENTION 1 MS. MAUREEN T. ANDREW S City Administrator City of Albertville City Hall Albertville, MN 55301 Dear Ms. Andrews: DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 1135 U. S. POST OFFICE 6 CUSTOM HOUSE ST. PAUL, MINNESOTA 55101-1479 October 23, 1986 RE: Treatment Works Grant Step 2 & 3, C271087-02 Albertville, MN Thank you for the cooperation of your staff during thie September- 17, 1996 final inspection of the treatment facilities constructed under the nubject EPA grant. COE concerns regarding the pond liner have previously been expressed in letters dated April 7 and September 4, 1986. Additional items noted and discussed during the inspection which are pertinent: to this projectes finalization are addressed below. The original grant was awarded on September 2, 1983 and amended to reflect as bid costs, on May 6, 1985. It was noted that cost_::, i ncurre?d for A/E services had exceeded the approved line :i. t.eln amounts in Grant Amendment No. 1. It was advised that the City did not intend to request additional grant funds; however, should contingency funds remain when final allowable change order- costs are determined, a request to rebudget the funds may be submitted. The approved budget period for your project extends through July of 1907. MPCA has established the initiation of operation for your projeact. has August: 12, 1986. Therefore, it may be necesn ar-y to request .an extension to the budget period should allowable costs be incurred during the lapse between the cur -rent budget, period and the one year operability period. In addition to the A/E contract, one construction contract ways awarded to Progressive Contractors, Inc. in the allowable -amount of $967,567.22. At the time of the final inspection, only minor - punch list items remained to be completed. Seven change orders had been executed, all of which had been acted on by MPCA. One additional change order is anticipated. Although the amount of the final wrap up change order (No.9) had not been determined, it was projected that the cumulative allowable cost of change orders would not exceed the approved contingency amount. Should contingency funds remain after the final allowable amounts are determined, a decision will be made regarding the potential rebudgeting request discussed above. As noted above, the initiation of operation for your treatment works facility and the beginning of the one year operability period has been established as August 12, 1906. In accordance 1 As noted above, the initiation of operation for your treatment works facility and the beginning of the one year operability period has been established as August 12, 1966. In accordance with MPCA's September 12 letter, it will be necessary that an updated operation and maintenance manual be submitted eleven months after the above initiation date and that an operability evaluation report and project performance certification be submitted at the end of the one year operability period. It was verfied at the final inspection that the Final Flan of Operation, the Operation and Maintenance Manual, the Sewer Use Ordinance and the User Charge System each have been approved by MPCA and have been implemented. The City's compliance with several of the items detailed in MPCA's letter dated September 12, 1986 remains outstanding. It was reported that submittal of the final M/WHE utilization documentation and contractor certification was pending receipt of the required doc►.►ments from Progressive Contractors, Inc. It was also reported that the as b►_►ilt plans and specifications had yet to be completed. The project accounting records were reviewed prior to this inspection and all items reviewed appear to be in compliance with applicable requirements. Appropriate measures should be taken to assure safekeeping of the records so they are readily available when the EPA audit is performed. With regard to the audit requirements of Special Grant Condition No. 6, it was reported that an audit report had been submitted to USEPA in Chicago on September 5, 1986. Assurance was provided that the City would comply with the audit requirements in the future. Based upon the findings of the final inspection and the above disc►_►ssion, the following items must be completed prior to the release of the final grant payment: 1. Completion of the remaining punch 1 i st items and administrative close out of Progressive Contractors, Inc. contract, including the settlement of liquidated damages. 2. Grantee submittal and MPCA action on one outstanding change order. 3. Grantee submittal and MPCA action on a potential rebudgeting request. 4. Grantee submittal and MPCA action on the final M/WBE. utilization. 5. Grantee submittal and MPCA action on a potential budget period extension request. 2 - ` ^ 6. Completion of the as built drawings and eubmittal to MPCA. 7. Grantee submittal of a certification from the contractor that the project was built according to the plans and specifications. B. Satisfactory completion of the one year operability period and Submittal of the necessary reports and performance certifications to MPCA. 9. MPCA certification of the project operability. Please advise this office by letter when the above items have been completed. In the meantime, if you have any questions, please call me at (612)725-5823. Sincerely, MICHAEL T. WRIGHT ~~ Assistant Project Manager MTW/ l cf: *'Barry Johnson, Meyer-Rohlin, Inc. James Bestick, Minnesota Pollution Control Agency ' Keith Ness, Minnesota Pollution Control Agency Bruce Ragan, Corps of Engineers, District Office 3 JOINT RESOLUTION CITY OF ALBERTVILLE AND TOWNSHIP OF FRANKFORT AGREEMENT BE IT RESOLVED, that the City of Albertville and the Town of Frankfort by their joint resolution herein agree to settle and compromise the lawsuit pending in Wright County District Court File No. C7852166 entitled "Town of Frankfort, a Corporate Body under the Laws of the State of Minnesota, Plaintiff, vs. The City of Albertville, a Minnesota Municipal Corporation, Defendant", as follows: 1. Frankfort agrees to dismiss the law suit, Wright County District Court File No. C7852166 with prejudice and without further costs to either Frankfort or Albertville. 2. Albertville agrees not to initiate by petition or resolution an annexation of any properties within the Frankfort Township jurisdiction for a period of ten years from the date of this letter. Provided, however, that annexations would not be prohibited under other provisions of Minn. Stat. Sec. 414.031, such as by resolution of the Township itself. 3. Frankfort releases Albertville from its obligations to Frankfort in connection with the last sentence of paragraph D of the Operating and Authorization Agreement dated December 13, 1977, only as it relates to past annexations occuring prior to 1983, and not as it relates to future annexations during any time within the next ten years. Passed by the City of Albertville on this day of 1986. CITY OF ALBERTVILLE Donald Berning, It's Clerk Attest: James A. Walsh, It's Mayor Passed by the Frankfort Town Board on this day of , 1986. FRANKFORT TOWN BOARD It's Clerk Attest: Louis Lazer, It's Chair JOINT RESOLUTION CITY OF ALBERTVILLE AND TOWNSHIP OF FRAI4KFORT AGREEMENT BE IT RESOLVED, that the City of Albertville and the Town of Frankfort by their joint resolution herein agree to settle and compromise the lawsuit pending in Wright County District Court File No. C7852166 entitled "Town of Frankfort, a Corporate Body under the Laws of the State of Minnesota, Plaintiff, vs. The City of Albertville, a Minnesota Municipal Corporation, Defendant", as follows: 1. Frankfort agrees to dismiss the law suit, Wright County District Court File No. C7852166 with prejudice and without further costs to either Frankfort or Albertville. 2. Albertville agrees not to initiate by petition or resolution an annexation of any properties within the Frankfort Township jurisdiction for a period of ten years from the date of this letter. Provided, however, that annexations would not be prohibited by resolution of the Township itself. 3. Albertville further agrees to not charge the Joint Powers Water Board $5000.00 per year for the maintenance of the water tower system.• 4. Frankfort releases Albertville from its obligations to Frankfort in connection with the last sentence of paragraph D of the Operating and Authorization Agreement dated December 13, 1977, only as it relates to past annexations occuring prior to 1983, and not as it relates to future annexations during any time within the next ten years. Passed by the City of Albertville on this day of �, 1986. CITY OF ALBERTVILLE Donald Berning, It's Clerk Attest: James A. Walsh, It's Mayor - Passed by the Frankfort Town Board on this s7'` day of 4e, 1986. FRAN3F-GRTJ TOWN BOAR It's erk Att st: I oui> t r, -Tt'� fhair AGREEMENT FOR LIQUIDATED DAMAGES THIS AGREEMENT, dated as of this 15th day of December, 1986, by and between the City of Albertville, Albertville, Minnesota, (hereinafter called "City") and Progressive Contractors, Inc., 8736 Zachery Lane, Osseo, Minnesota, 55369 (hereinafter called "PCI"), WHEREAS, the City and PCI entered into an agreement on November 19, 1984, for completion of certain work described in contract documents in connection with the City's wastewater treatment plant; and WHEREAS, said contract called for a completion date of November 1, 1985, which completion date was amended to July 3, 1986; and WHEREAS, Section I, paragraph 110, Subdivision 2.0 provides as follows: "To be completed within this time is all construction, testing, final inspection and final restoration."; and WHEREAS, said paragraph also provides for liquidated damages as follows: "Shall the contractor fail to complete the project on time, liquidated damages will be assessed at a rate of $540.00 per calendar day until the project is completed."; and WHEREAS, the Minnesota Valley Testing revised report was not submitted until August 15, 1985; the Pollution Control Agrency ("PCA") approved the water balance test on August 28, 1986; operations were initiated on September 4, 1986; and all of the construction and testing, final inspection and final restoration was not completed as late as December 5, 1986; and as of the date hereof the project is for all practical purposes completed; and WHEREAS, the PCI claims that it had delays because of weather and because of inaction or adverse action by the PCA so that all of the delays were not the responsibility of PCI; and WHEREAS, PCI has made claims of additional costs including gravel, electrical box, and other non -approved change orders; and WHEREAS, the City claims at a minimum liquidated damages at $540.00 per day from July 3, 1986 through the date operations were initiated on September 4, 1986, for a total of $30,240.00 and that it would be justified by contract in making a claim for liquidated damages from July 3, 1986 until the date herein; and WHEREAS, the City has incurred additional expenses as a result of the delay in the completion date, including but not restricted to, engineering and attorney's fees and costs; and -1- WHEREAS, the parties hereto desire to resolve all issues between them and settle and compromise the liquidated damages herein and release each other from any further claim for non -approved change orders and additional liquidated damages; NOW, THEREFORE, the parties hereto agree as follows: 1. PCI will pay to the City the sum of $22,680.00 as an agreed compromise and settlement of liquidated damages. Said sum may be deducted from amounts owing to PCI on the contract by the City. 2. The City agrees that it will limit its claim for liquidated damages to the sum of $22,680.00. 3. PCI agrees that it will not make any additional claims for non -approved change orders made to the date hereof, including but not restricted to, claims of additional costs for gravel, electrical box and other non -approved change orders. 4. In all other respects the agreement between the City and PCI dated November 19, 1984, and its other contract documents shall remain in full force and effect. THE CITY OF ALBERTVILLE By------- ------------------ James Walsh Its Mayor By--- ----------------- Donald Berning Its City Clerk PROGRESSIVE CONTRACTORS, INC. By- - -------------------- Michael McGray Its President By-------------------------- Ronald E. Gibbons Its Vice President -2- STATE OF MINNESOTA) ) ss . COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ----- day of -------------------, 1986, by James Walsh, the Mayor and by Donald Berning, the City Clerk, of the City of Albertville. ---------------------------- Notary Public STATE OF MINNESOTA) ss . COUNTY OF The foregoing instrument was acknowledged before me this day of ____________________, 1986, by Michael McGray and Ronald E. Gibbons, the President and Vice President, respectively, of Progressive Contractors, Inc. ---------------------------- Notary Public The above agreement is hereby approved by the undersigned. MEYER-ROHLIN, INC. By- ----------------------- Thor Meyer City Engineers MEYER & MILLER By----- --------------------- GaryJ. Meyer City Attorney -3- A-4297 Albertville Cs'R A F1, BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Kenneth F. Sette Chair Shirley J. Mihelich Vice Chair John W. Carey Member LeRoy Engstrom Ex-Officio Member Paul McAlpine Ex-Officio Member IN THE MATTER OF THE PETITION FOR ) FINDINGS OF FACT THE ANNEXATION OF CERTAIN LAND TO ) CONCLUSIONS OF LAW THE CITY OF ALBERTVILLE PURSUANT ) AND ORDER TO MINNESOTA STATUTES 414 ) The above -entitled matter came on for hearing before the Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended, on April 11, 1986 and was continued from time to time at Albertville, Minnesota. The hearing was conducted by Terrence A. Merritt, Executive Director, pursuant to Minnesota Statutes 414.01, Subdivision 12. Also in attendance were Kenneth F. Sette, Chair, Shirley J. Mihelich, Vice Chair, and County Commissioners Paul McAlpine and LeRoy Engstrom, Ex-Officio Members of the Board. The City of Albertville appeared by and through Gary Meyer, City Attorney, Otsego Township appeared by and through William Radzwill, Township Attorney, and the petitioners appeared by and through Thomas Hayes, Attorney at Law. Testimony was heard and records and exhibits were received. After due and careful consideration of all evidence, together with all records, files and proceedings, the Minnesota Municipal Board hereby makes and files the following Findings of Fact, Conclusions of Law, and Order. 1. On February 27, 1986, a copy of the petition for annexation by all of -2- the property owners was received by the Minnesota Municipal Board, and an amended petition was received on March 10, 1986 requesting the board to order annexation. The petition contained all of the information required by statute, including a description of the territory subject to annexation which is as follows: Government Lots 1 and 2, Section 36, Township 121, Range 24, lying in the Town of Otsego, County of Wright, State of Minnesota. A resolution supporting the annexation was received from the annexing municipality on February 27, 1986. 2. Due, timely and adequate legal notice of the hearing was published, served, and filed. 3. The area subject to annexation is unincorporated, approximately 61.11 acres in size and abuts the City of Albertville by approximately 35% of its total boundary. The City of Albertville is approximately 2,100 acres in size. 4. The area proposed for annexation is rolling land with some wooded area generally sloping toward Mud Lake with the soil generally being a yellow clay. Mud Lake, a portion of which is located within the City of Albertville, is classified as a natural environment lake by the Department of Natural Resources. Mud Lake is approximately 150 acres in size. 5. The City of Albertville had a population of 564 in 1980, and an estimated 1984 population of approximately 687, according to the Minnesota State Demographer's Office. 6. The Town of Otsego had a population of 4,769 in 1980, and an estimated 1984 population of approximately 6,254, according to the Minnesota State Demographer's Office. -3- 7. The area proposed for annexation has a present population of five. 8. Wright County had an average population per residence of approximately 2.9 persons in 1984. The City of Albertville had an average population per household of 3.3 persons in 1984. 9. The City of Albertville presently has approximately 950 acres zoned agricultural, approximately 520 acres zoned single-family and multi -family residential, and approximately 625 acres for commercial, industrial, park land, government -owned land, and wetlands. 10. The Town of Otsego has land zoned for industrial, commercial, public/semi-public, agricultural, residential, and open space. 11. The area proposed for annexation is presently used for two residential dwellings, farm buildings, cropland and pasture. 12. The annexation area is presently zoned agricultural. 13. The City of Albertville has a shoreland management ordinance, adopted June 2, 1986, and a zoning ordinance, which was enacted in 1975 and which is presently being updated. The city's subdivision regulations are presently one paragraph located within the zoning ordinance. The city does not have a comprehensive plan. The city does not have a manufactured housing ordinance. The City of Albertville anticipates that It will develop a subdivision ordinance and a manufactured housing ordinance. The City of Albertville plans to develop a comprehensive plan after completion of its zoning ordinance update. 14. The Town of Otsego has a comprehensive and land -use plan and a planning commission. -4- 15. Wright County has a planning and zoning ordinance and a planning and zoning commission. 16. The City of Albertville presently provides its residents with water, sanitary sewer, fire protection, police protection through a contract with the Wright County Sheriff's Department, street improvements and maintenance, and administrative services. 17. The Town of Otsego provides its residents with fire protection through a contract with the City of Albertville, street improvements and maintenance, and administrative services. 18. The annexation area is presently served by two on -site septic systems and two private wells. Each residence has its own septic system and well. 19. The City of Albertville's waste water treatment facility has been discharging its effluent into Mud Lake for many years. The waste water treatment plant is presently discharging treated effluent into Mud Lake which has a bio-chemical oxygen demand at a level of approximately 75 parts per million, suspended solids at approximately 75 parts per million, and solid phosphates at approximately 5. The existing plant is not removing any phosphates through treatment. The new plant will discharge treated effluent into Mud Lake which would have a bio-chemical oxygen demand level of 25 parts per million, suspended solids at 30 per million, and phosphates at 1 part per million. In years past, some of the cattle that occupied the area proposed for annexation drank the water and became ill. Children skating on Mud Lake during the winter have come home with extremely foul-smelling clothes. 20. The City of Albertville anticipated having a new waster water -5- treatment plant on-line by the summer of 1986. It will be located south of the area proposed for annexation and discharge its treated water into Mud Lake. The plant will have a capacity to serve a population of 1,525. 21. The area proposed for annexation is planned for development as a manufactured housing development with 250 to 275 lots. 22. If all of the manufactured housing pads were developed as proposed, using the Wright County average population per dwelling of 2.9, the city's population could increase by between 725 to 797 people. 23. It is p1-a,jgcteq that, the proposed development, if fully completed, would pay approximately $25,700 in taxes. 24. The area proposed for annexation presently pays approximately $390 in taxes. 25. The city projects that it would cost approximately $250,000 to extend .municipal sanitary seWer and water to the area proposed for annexation. The bonding for such an extension would result in an overall. aganecal obligation debt of approximately $4, 739, 000 for a per capita debt of .$6,AQJL1Q_. Jor, the .present population of Albertville. 26. The City of Albertville is the guarantor of the outstanding general obligation bonds for the joint water treatment facility which services the Cities of Albertville, Hanover, and St. Michael, and the Town of Frankfort. 27. 70th Street abuts the annexation area on its northern boundary. Maciver abuts the annexation area on its eastern boundary. Presently the Town of Otsego maintains both of those roads. If annexed, the city and town would share maintenance responsibilities for these roads, there would still be approximately half a mile on 70th Street west of iE the annexation area, which would be serviced solely by the township. 28. In 1986, the assessed valuation of the City of Albertville is $3,417,425. In 1986, the city's mill rate is 35.362. As of 1986, the City of Albertville had a total bonded indebtedness of $4,489,000. 29. In 1986, the assessed valuation of the Town of Otsego is $14,872,655. The town's mill rate is 17.147. The Town of Otsego had a total bonded indebtedness of $525,000. 30. The city's fire insurance rating is 6. 31. The estimated market value of the area proposed for annexation is $78,800. 32. For 1986, the county's mill rate is 20.308. Elk River School District #728's mill levy is 68.035. Monticello School District #882's mill levy Is 38.824. St. Michael School District #885's mill levy is 57.577. 33. The area proposed for annexation is presently served by Elk River School District #728 which also includes a small part of the City of Albertville. Monticello School District #882 includes a small part of the City of Albertville. St. Michael School District #885 includes most of the City of Albertville. 34. The City of Albertville is the only municipality adjacent to the area proposed for annexation. 35. Otsego Township can continue to function without the area proposed for annexation. CONCLUSIONS OF LAW 1. The Minnesota Municipal Board duly acquired and now has jurisdiction of the within proceeding. -7- 2. The area sub4ect to annexation is not now urban or suburban in nature. 3. Municipal government is not presently required to protect the public health, safety, and welfare In the area proposed for annexation at the present time. 4. An order should be issued by the Minnesota Municipal Board denying the petitioned annexation of the area described herein. 1. IT IS HEREBY ORDERED: That the request for the annexation of the property described in Findings of Fact 1 herein, be and the same is hereby denied without prejudice. 2. IT IS FURTHER ORDERED: That the effective date of this order is Dated this MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul, Minnesota 55101 Terrence A. Merritt Executive Director A-4297 Albertville The Minnesota Municipal Board, while denying the proposed annexation, notes that the City of Albertville is aggressively moving to improve itself, from both a planning prospective and a development prospective. The board is. impressed that the city was willing to hire a full-time administrator to accomplish this task. The board hopes that as the city moves to update its planning and zoning ordinances, it will work with the Town of Otsego, so that the greater community can be better served. The newly enacted ordinances will need some shake down time to ensure that they are functioning properly. The ambitious program of growth for the city will require that these ordinances are functioning and accomplishing their desired goals. Given the city's desire to improve, the board hopes that it will continue a thoughtful and thorough analysis of Its planning tools. The board would suggest that the city analyze the present water -quality of Mud Lake. August, 1986 MINNESOTA Kinnesota State Patrol 107 Transportation Building St. Paul, MN 55155 ALL -TERRAIN VEHICLE USE IN MINNESOTA Defiri. 'on: This vehiL a is defined in Minnesota Statutes 84.92, subdivision 8, as "a mo- torized flo, tion-tired vehicle of not ess than three low-pressure tires, but not more than six tires, that is limited in engine displacement of less than 800 cubic cent..ieters and total dry weight less than 600 pounds." 1. Re istratior No person may operate an ATV anywhere within the state un- less it has f, st been registered with the Department of Natural Resourc- es (DNR). Thi: requirement does not apply to ATVs being operated on pri- vate lands with `he permission of the landowner, and to certain other situations (Minnesota Statutes 84.922). The registration costs $18.00 for a three-year period. The off -road reg- istration of ATVs is very similar to that of snowmobile registration, which is through deputy registrars where you normally buy vehicle license plates. All -terrain vehicle registration is also available at the DNR license bureau: MN/DNR - Bureau of Licenses Box 26 - 500 Lafayette Road St. Paul, MN 55155-4026 (612)/297-3274 2. Roadway Defined. A public roadway is the entire right-of-way, including Me paved portions as well as all banks, ditches, shoulders and medians. 3. Driver's License Required. No person may operate an ATV on any public roadway without a valid driver's license, except as provided below. 4. Exceptions to Driver's License Requirement. No driver's license is re- quired for the operation of an ATV on a public roadway in the following situations: a. Persons between their 12th and 14th birthdays may make a direct crossing of a public roadway if such persons possess a valid ATV Safety Certificate issued by the DNR and are accompanied by a per- son over 18 years of age or who holds a valid driver's license. b. Persons who have reached their 14th birthdays may make a direct crossing of a public roadway if such persons possess a valid ATV Safety Certificate issued by the DNR. C. On any state grants-in-aid trail (none have been developed at this time) located within a public roadway, driver's licenses are not required. Persons who have not yet reached their 14th birthdays may not operate ATVs on such a trail unless accompanied by an adult on the same vehicle or on an accompanying ATV, except that persons who have reached their 12th birthdays may operate an ATV on such a trail if such persons possess a valid ATV Safety Cer- tificate issued by the DNR. August, 1986 Page 2 All -Terrain Vehicles 5. Operation Prohibited on Certain Roads. a. No person shall operate an ATV within the right-of-way of any in- terstate highway or freeway. b. In the agricultural zone, no person shall operate an ATV within the right-of-way of any trunk, county, or county state -aid highway from April 1 to August 1 unless the vehicle is being used exclu- sively as transportation to and from work on agricultural lands, except pursuant to regulations made by resolution of the county board. The agricultural zone is defined as the areas in Minnesota lying south and west of a line starting at the Minnesota -North Dakota border and formed by rights -of -way of Trunk Highway 010, thence easterly alo,ig Trunk Highway /10 to Trunk Highway 023, thence easterly along Trunk Highway #23 to Trunk Highway /95, thence easterly along Trunk Highway /95 to its termination at the Minnesota -Wisconsin border. C. No person shall operate an ATV within the right-of-way of any trunk, county, or county state -aid highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same direc- tion as the highway 6-raffic on the nearest lane of the adjacent roadway. d. No person shall operate an ATV on the paved portion, median, shoulder, or inside bank or slope of the right-of-way of any trunk, county or county state -aid highway except when making a di- rect crossing, or except pursuant to regulations made by resolu- tion of the county board. NOTE: Counties, cities and towns way further regulate the operation of ATVs on public roadways within their boundaries. For .additional information relating to roadway operation contact: Minnes( to State Patrol 107 Tran!,ortation Building St. Paul. MN 55155 (612)/119-1251 6. Use on Roadway by Handicapped- lbtwlzed golf carts, or four-wheel ATVs may be operated by handicapped persons with locally issued permits under Minnesota Statutes 169.045. 7. Street -Licensing of ATVs. It is not legal to street -license new ATVs. owever, ATVs which were street -legal prior to August 1, 1985, can be re- newed by the same owner. (612/296-6911) 8. All -Terrain Vehicle Safety Training. For information about DNR safety education courses contact (612)/297-4897. L league November 26, of Minnesota cities •:. To: City clerks, managers, and administrators From: Peter Tritz Re: New developments in LMCIT's property/casualty program The LMCIT Board of Trustees has approved a number of changes in LMCIT's property/casualty program. Most of these changes take effect for coverage written or renewed after Nov. 15. Enclosed are several memos which describe respectively LMCIT's property/casualty rate changes; new deductible options available to cities; the switch to a claims -made liability form; and the revised liability coverage form. We suggest that these materials be placed on the council's agenda as an information item, to help keep them abreast of these developments in their program of pooled self-insurance. If you have any questions or need additional information, please feel free to call me at the League office. Or contact LMCIT's program administrator, North Star Risk Services,1401 W. 76th St., Minneapolis, Mn. 55423; phone (612) 861-8600. 1 83 u rikersity avenue east, st. paul, minnesota 551 01 (B 1 2) 227-5600 ILL, _U league of minnesota cities LMCIT CHANGES IN COVERAGE LMCIT has made a number of changes in the liability coverage documents. The language has been simplified considerably, and most of the coverage provisions which were formerly handled by endorsements are now incorporated into the body of the document. There are also a number of substantive changes in the coverage. These changes eliminate many of the ambiguities and internal inconsistencies of the old coverage forms, broaden the coverage in a number of areas, and conform the coverage much more closely to the city's statutory duties to defend and indemnify its employees. The format of the liability coverage document is as follows: I. COVERAGES A. General Liability B. Medical Payments C. Personal Injury D. Errors and Omissions E. Automotive Liability II. WHO IS COVERED III. LIMITS OF COVERAGE IV. DEFINITIONS V. SUPPLEMENTARY PAYMENTS VI. CONDITIONS This memo summarizes the major substantive changes in the coverage. (The change to a "claims -made" format is described in a separate accompanying memo.) Keep in mind that this memo is just a summary. It will be important for cities and agents to read and understand the actual coverage document. 1. Police Exposures The general liability coverage part has been broadened to provide the city and its employees coverage for the use of reasonable force to protect persons or property. Further, the personal injury coverage part has been broadened to cover the city and its employees for assault or battery committed for the purpose of protecting persons or property, or incidental to an arrest. l L3:3 r iriiversrt,v i�:jvenue east, st. paul, minnesota 551 01 (61 2) 227-5600 2. Civil rights coverage The errors and omissions coverage is revised to make it explicit that Sec. 1983 and similar civil rights claims are covered. (Note that LMCIT has consistently taken the position that most of these claims were already covered under the old forms; thus, this is more a clarification than an expansion of coverage.) 3. Defense coverage The statutes and court cases make it clear that a city's duty to pay for defense of its officers and employees is much broader than its duty or its authorization to indemnify them. The general liability, personal injury, and errors and omissions sections are revised to reflect this broad duty to defend employees. A provision in the "conditions" section brings the coverage of damages (as distinguished from defense) into conformance with the city's statutory duty and power to indemnify its employees. 4. Punitive damages LMCIT has consistently taken the position that punitive' ve amages will not be indemnified. This is now made explicit. Note though that LMCIT would still cover the defense of suits for punitive damages, provided that the actions leading to the suit arose in the course of the employee's duties. 5. Errors and omissions exclusions Formerly LMCIT's errors and omissions coverage, like nearly every other errors and omissions form, excluded coverage for property damage, bodily injury, and personal injury. This created a potential coverage gap for those claims which didn't arise out of an "occurrence" (i.e., an accident), but which resulted in property damage or bodily injury. (One example might be a claim for property damage arising out of a decision to abate an alleged nuisance, which a court later determined to be improper.) The errors and omissions coverage has been broadened considerably to eliminate this possible gap. 6. Professional services exclusion - ambulance and engineer exposures The "professional services" exclusion to the liability coverage part has been modified so that only the professional services provided by an attorney, architect, medical doctor, dentist, nurse, or pharmacist are excluded. Thus, other professional serivices, such as those of an ambulance attendant, paramedic, "First Responder," etc. are not excluded. Similarly, the professional exposure of a professional engineer who is an employee of the city is no longer excluded. (Consulting engineers would continue to be excluded as independent contractors.) These changes eliminate the need for a separate "ambulance malpractice" or "engineer's malpractice" policy to protect city employees and volunteers. This revised "professional services" exclusion can also be endorsed on to the city's existing coverage, to provide the expanded coverage for the remainder of the existing policy's term. 7. Aggregate limits All annual aggregate limits have been eliminated with two exceptions: products liability and medical payments. 8. Fellow employee exclusion The "fellow employee" exclusion has been removed from the general liability and automobile coverages. Coverage is now provided for claims made against one employee of the city by another employee. 9. Medical payments The "medical payments" coverage has been modified to apply only to bodily injury arising out of a condition on premises which the city owns or rents. This does not include streets, sidewalks or boulevards, except for those abutting city -owned buildings or city -owned parking lots. 10. Employment -related claims Contractual obligations (not to be confused with contractually -assumed tort liability) are generally not covered under the liability coverages. However, the errors and omissions coverage has been modified to provide coverage for employment -related obligations, except for wages and benefits owing. 11. Firefighters liability The automobile liability coverage now specifically provides coverage to firefighters for the use of any automobile (including the firefighter's own automobile) in the performance of his official duties. Cities are required by statute to provide this indemnification. 12. Relief associations Local fire or police relief associations and their officers, employees, and members are now listed as covered parties under the liability coverages. 13. Joint powers entities The coverage contract now specifically excludes coverage of any joint powers entity, and of any city liability arising out of the activities of a joint powers entity, unless specifically named in the declarations. This does not mean that LMCIT will not cover joint powers entities. Where coverage is needed for the activities of a joint powers entity, LMCIT will issue a separate coverage document to the joint powers entity. That coverage will also name each of the entity's constituent cities as additional covered parties. This approach has the advantage of putting all of the coverage relating to the joint entity's activities under a single coverage document, rather than involving the liability coverage of each of the constituent cities. Note also that the exclusion applies only to those joint powers agreements which actually create a separate joint entity. Joint powers contracts under which the city is merely providing services to or receiving services from another political subdivision don't create any special problems under the city's LMCIT coverage. league of minnesota cities LMCIT "CLAIMS -MADE" LIABILITY FORMS LMCIT will use a "claims -made" coverage form for general liability and public officials errors and omissions coverage written after Nov. 15. (Automotive liability coverage will continue to be written on an "occurrence" basis.) This memo is intended to help explain to city officials what this change means, the problems "claims -made" coverage can create for the buyer, and how LMCIT has dealt with those problems. The primary reason for changing to "claims -made" coverage was that it would have been difficult or impossible for LMCIT to get reinsurance if an "occurrence" form were used. "Claims -made" coverage also simplifies underwriting and rating to some extent, since the underwriter does not have to try to predict and allow for possible future changes in the law governing liability for occurrences during the current year. What is "claims -made" coverage? The basic difference between "claims -made" and "occurrence" coverage is in which claims are payable under a particular policy. With "occurrence" coverage, the key question is when the incident happened. If the incident occurred during the policy period, it is covered regardless of when the claim is made. (This assumes, of course, that the incident is one which falls within the kinds of claims that the policy covers.) With "claims -made" coverage, whether a claim is covered by a particular policy depends not only on when the incident occurred but also on when the claim was first made. This can perhaps best be illustrated by an example. Consider a "claims -made" policy which runs for the calendar year. The 1987 policy will cover claims arising out of incidents which happened during 1987, provided the claim was also made during 1987. When that policy is renewed for 1988, the 1988 policy will cover claims made during 1988 which arise out of incidents that happened during either 1987 or 1988. The 1989 renewal, then, will cover claims made during 1989 for incidents which happened during 1987, 1988, or 1989. Thus, each successive renewal of a "claims -made" policy covers a greater number of claims. This is the reason why "claims -made" coverage is cheaper during the first year, and why each successive renewal of a "claims -made" policy becomes more expensive. (The cost does level off after about five years.) . iveni_.ie st,. j_laLAI, minnesoLa 551 01 (O'I 2) 227-SCOO Potential problems with "claims -made coverage The problem with "claims -made" coverage really arises when you want to change carriers. The new carrier typically won't want to accept risk for claims arising out of incidents which happened before the inception date of his policy. This can create a gap in coverage, for claims made after the date of the change in carriers for incidents which happened before the change. Unless special steps are taken, neither carrier will cover those claims. There are two ways to solve this problem; either will involve paying some additional premium to someone. One is to get the new carrier to agree to cover claims from those earlier incidents. However, most carriers are very reluctant to do this, although it is certainly worth inquiring about if you find yourself in this situation. The second way is to get the old carrier to agree to cover those claims, even though the claim happens after his policy has expired. (This agreement is called an "extended reporting period.") Of course, the old carrier has no particular incentive to agree to give you that extension, or to charge a reasonable price if he does agree to do it. This is why is is extremely important in purchasing a "claims -made" policy to make sure that the policy gives you the right buy an extended reporting period. Unfortunately, many "claims -made" policies give the buyer that right only if the carrier cancels or refuses to renew the coverage. Thus, if the buyer decides not to renew the coverage, the old carrier is under no obligation to offer an extended reporting period. If an extended reporting period is offered, it may be only for a limited time - sometimes as little as a year or two. An extended reporting period of limited duration certainly is better than nothing, but if there is any time limit at all, the potential gap still exists. A third problem is that even if the policy gives you the right to buy an unlimited extended reporting period, the cost to buy that extension probably won't be specified. You'll have to pay whatever the old carrier feels like charging. (The standard "claims -made" forms recommended by ISO, for example, state only that the cost of the extended reporting period can't exceed 200% of the last year's premium.) How LMCIT addresses those problems LMCIT's revised coverage document includes an automatic 60 day extended reporting period. It also gives the city the right to purchase an extended reporting period of unlimited duration. The c"ity has this right regardless of whether it is the city's or LMCIT's decision not to continue the coverage. The cost of purchasing the extended reporting period is specified in the coverage document itself. The cost depends on how long the city has been covered under the "claims -made" coverage. It ranges from 34.6% of premium if coverage has been for one year, up to 70.8% of premium if coverage has been for five years or more. By comparison, standard ISO "claims -made" forms allow a range of up to 200%. Other forms often say nothing at all about the cost of extending coverage. Because the LMCIT coverage document offers an unlimited extended reporting period for a known cost, the city really has available the equivalent of "occurrence" coverage. The city may wish to set aside each year the funds necessary to purchase the extended reporting period; i.e., roughly 35% of premium the first year, 18% the second year, 8% the third year, and so on. After five years, the cost of the extended reporting period stops increasing, so that no further funds would need to be set aside. (The exact percentages needed would vary somewhat depending on changes in the city's rating base from year to year.) n IIII WMI =7 RI I I league of minnesota cities LMCIT PROPERTY/CASUALTY RATES 1. Overall For coverage written or renewed after Nov. 15, LMCIT's property/casualty rates will be reduced somewhat. The largest reductions will be on the property, automotive physical damage, and inland marine coverages. These reductions reflect LMCIT's consistently good loss experience in these areas. Rates for general liability coverage will also decrease slightly. This reduction is largely a function of the switch to a "claims -made" coverage form, as discussed in an accompanying memo. However, it also reflects projected savings attributable to LMCIT's in-house defense capability, and to the 1986 amendments to the municipal tort liability statutes. The revised rates also reflect the broader coverage provided by the revised coverage forms. Of course, an individual city's premium will be affected by any changes in the city's exposures - e.g., increased city expenditures, higher property values, etc. - as well as by the rate changes. Cities should also keep in mind that the 10% reserve assessment has been eliminated for all renewals after the June 1, 1986. 2. Small cities rate credit As part of the overall review of rates, LMCIT looked at how premiums and losses have compared for various population classes of cities. This study showed that the experience has been somewhat better for smaller cities than for larger ones. Because of this loss experience, cities of under 500 population will receive a rate credit of 20%. Cities between 500 and 2500 population will receive a 10% rate credit. These rate credits will apply to coverage written or renewed after Nov. 15, 1986, and will be applied in addition to the overall rates changes described above. 1 63 university aveni.,e east, st. paul, minnesota 551 01 (61 23 227-5600 _ illl LLJJ league of minnesota cities NEW DEDUCTIBLE OPTIONS One way in which a city can reduce its cost of coverage is by retaining some of the risk itself. LMCIT has developed a new "annual aggregate deductible" approach which offers the potential for substantial savings to medium and larger -sized cities while at the same time keeping the city's total exposure manageable. This option is available to all cities. Under this approach, all lines of coverage are subject to a single annual deductible. This deductible might be as small as $5000 or $10,000 for smaller cities, or as much as $100,000 or more for larger cities. The city would retain responsibility for all claims - property, liability, and automotive - until the total amount of claims for that year equals the annual deductible. At that point, the coverage reverts either to first -dollar coverage, or to a small "maintenance" deductible. This "capping" of the city's annual exposure is a key feature. The biggest problem with the more conventional approach of retaining risk through substantial "per -line" deductibles is that the city doesn't know how many of those deductibles it will have to pay during the year. Under the "annual aggregate deductible" approach, the city knows its maximum cost in advance and can budget and plan for that amount. Thus the city gets the benefits and savings which result from retaining risk, without being exposed to a potentially unlimited amount of liability. This approach can reduce the city's premium substantially. In many cases, the premium reduction is close to the amount of the deductible itself. Of course, that premium reduction is not all savings, since the city will have to use some of that money to pay for the claims under the annual deductible. This approach offers a couple of advantages to the city. First, it keeps more dollars in the city's pocket, giving the city an opportunity for some investment earnings. Second, every claim avoided is money in the city's pocket. LMCIT's underwriters will be glad to calculate an optional "annual aggregate deductible" quote for any city that is interested. Simply tell the underwriters when you submit the city's renewal information. 1 r3A k iniver_,ity avenue east, st. paul, rninnesota 551 O1 (61 2) 227-56OO TO c �y . 5 co S c, (:;� C,,:� FROM G-� "r�)T C ,.,Z�y►l- 14 w � D .P-p-t-. flt 1 I f,,x9? 'JECT Jj u t la I I- h? N, s-52 )? J /T1R�t J- e� �i�ay Vca�q� !ar aye �Sfj 37 uAlt /r / 6 / gc MESSAGE n �F'Q--3 77 SIGNED nP N RMFORM 4S 468 POLY PAK (50 SETS) 4P468 NO REPLY NECESSARY F-1 REPLY REQUESTED - USE REVERSE.SIDE carboMess F-1 N AFFIDAVIT OF MAILING STATE OF MINNESOTA )SS. COUNTY OF WRIGHT I. The undersigned, hereby certify that on the 6th day of November 19 86 , I mailed to: Mr. James W. Peterson 5050 Quam Circle Rogers, MN 55374 a true and correct copy of a Resolution for Vacation of (1) Parcel of Highway Right of Way along CSAH 37 in Albertville, MN by enclosing the same in sealed envelopes and depositing them in the Post Office at Buffalo, Minnesota, in said county, postage prepaid. Subscribed and sworn to before me this 6th day of November , 1986 L RICHARD E. MARQUETTE tjOTARY GUE:{C - I-ANNESOTA WRIGHT COUNTY My commission expires JL.!y 5, 1998 s BOARD OF COUNTY COMMISSIONERS WRIGHT COUNTY, MINNESOTA Date November 4, 1986 Resolution No. 86-48 ion by Commissioner Engstrom Seconded by Commissioner Schillewaert Upon request of the fee owner and the payment in the sum of $23,265.00 from the fee owner, the County of Wright hereby resolves to vacate its easement no longer needed for highway purposes over the following described land: That part of CSAH 37 Right of Way in Government Lots 7 and 8 of Section 36, Township 121, R24, Wright County, Minnesota which lies southwesterly of a line 55.0 feet southwesterly of and parallel to the centerline of said CSAH 37 and described as follows: Commencing at the intersection of the north line of 60th Street N.E. in the City of Albertville and the west line of the Townsite of Hamburg, according to the plat there of record and on file in the office of the County Recorder, Wright County, Minnesota; thence N. 61° 34' 57" W. (assumed bearing) along the north line of said 60th Street N.E., a distance of 969.22 feet to the actual point of beginning, thence continue N. 61° 34' 57" W. along the said north line, a distance of 227.99 feet; thence N. 15° 39' 37" E. a distance of 53.63 feet to a line 55.0 feet southwesterly of the centerline of said CSAH 37; thence southeasterly along a uoutangeutial curve, concave to the northeast, having a radius of 5784.58 feet and a central angle of 1° 36' 28", a distance of 162.32 feet, the chord of said curve bears S. 76° 22' 09" E.; thence S. 77° 10' 23" E. tangent to said curve, a distance of 178.05 feet; thence southeasterly along a tangential curve concave to the northeast having a YES McAlpine X Bogenrief Engstrom X Nelson absent Schillewaert X STATE OF MINNESOTA) ss. County of Wright ) NO McAlpine Bogenrief Engstrom Nelson Schillewaert � I, Richard W. Norman, duly appointed, qualified, and acting Clerk to the County Board for the County of Wright, State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution or motion with the original minutes of the proceedings of the Board of County Commissioners, Wright County, Minnesota, at their session held on the 4th day of November , 19 86 , now on file in my office, and have found the me to be true and correct copy thereof. Witness my hand and official seal at Buffalo, Minnesota, this 4th day of November 19 86 --Countty Goordiriator BOARD OF COUNTY COMMISSIONERS WRIGHT COUNTY, MINNESOTA Date November 4, 1986 Resolution No. am- M-`ion by Commissioner. Engstrom Seconded by Commissioner Schillewaert radius 3874.72 feet and a central angle of 4° 30' 00" a distance of 304.32 feet; thence S. 81° 40' 23" E. tangent to said curve a distance of 319.62 feet; thence S. 740 20' 23" E. a distance of 24.89 feet to a line parallel with and distant 66.00 feet west of the west line of the Townsite of Hamburg and 55.00 feet southwesterly of the centerline of said CSAH 37; thence S. 000 14' 23" E. along said parallel line a distance of 10.24 feet; thence N. 87° 19' 10" W. a distance of 785.50 feet to the point of beginning and there terminating. All lying within the Wk of the S.W.k of Section 36, T121N, R24W and containing 1.41 acres. This resolution will be served upon the owner and occupant of the affected land and posted for ten days. YES McAlpine X Bogenrief X Engstrom X Nelson absent Schillewaert X STATE OF MINNESOTA) ss. County of Wright NO McAlpine Bogenrief Engstrom Nelson Schillewaert I, Richard W. Norman, duly appointed, qualified, and acting Clerk to the County Board for the County of Wright, State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution or motion with the original minutes of the proceedings of the Board of County Commissioners, Wright County, Minnesota, at their session held on the 4th day of November , 19 86 , now on file in my office, and have found the same to be true and correct copy thereof. W_ .iess my hand and official seal at Buffalo, Minnesota, this 4th day of November 19 86 r ounty oor inator ST. MICHAEL INSURANCE AGENCY Complete Insurance Services Security State Bank Building 701 East Central St. Michael, Minnesota 55376 Phone: (612) 497-2120 INSURANCE QUOTATION for CITY OF ALBERTVILLE from LEAGUE OF MINNESOTA CITIES INSURANCE TRUST %NORTHSTAR RISK SERVICES, INC. 900 FIRST BANK PLACE WEST MINNEAPOLIS, MN. 55402 12/1/86 — 12/1/87 'Olt SSIO,V z PAN a GRANCE ^G� City of Albertville SECTION I - PROPERTY 1. $100,000 - One story, approved roof, frame and steel clad building occupied as a city hall and fire barn. 2. 25,000 - Contents in Building #1, consisting principally of office furniture and firemens's equipment. 3. 10,000 - One story, approved roof, frame building occupied as a park picnic shelter and concession stand. 4. 5,000 - One story, approved roof, frame building occupied as a warming house for ice skating rink. 5. 2,000 - One story, frame building occupied as a sewage disposal plant. 6. 1,000 - Garage Perils: All Risk, including theft r3, 500.00 Deductible a-V Premium - $1,184.00 SECTION II - INLAND MARINE Contractors Equipment Form: $3,000. Ford Utility Tractor w/loader and snow bucket #800 1,000. 1973 Allis Chalmers tractor w/mower #06701958 600. IHC Cub Cadet #2050038U321025 500. Miscellaneous Tools 4,000. 1984 Toro Groundmaster mower S#30780-9788 M#72 3,500. 1985 Mott Mower S#13523 M#72 6,200. Portable pump S#6188190145J6120 Scheduled Personal Property: 3 JC_`'o 3 co C - L C) c> - 1985 Weeres 18' Pontoon Boat w/chemical applying tank and Misc. equip. 1985 Johnson 15hp motor S#6073358 M#J25ELCO 1985 Johnson 15hp motor S#6073368 M#J25ELCO 1985 Hoosier Trailer S# TA700 8 MSA Air Packs w/extra tank @1,000 1 McCollouth 7hp generator S#11-475-21 2 Foldup portable drop tanks @1,200 1 German Rupp Portable Pump 1 Inflatable Lift Air Bag S#2534 (Inc. Controls) Perils: All Risk, including theft 250.00 Deductible Premium: $375.00 0 C C alzoC_ � $8,100 1,200 1,200 1,500 8,000 800 2,400 1,200 1,200 SECTION III - COMPREHENSIVE GENERAL LIABILITY Limits: $600,000 Combined Single limit Broad Form Comprehensive General Liability Endorsement Premium: $783.00 SECTION - IV COMPREHENSIVE AUTOMOBILE AUTOMOBILE LIMITS: $600,000 C.S.L. BI and PD 600,000 Uninsured Motorist coverage 600,000 Underinsured Motorist coverage 250 Deductible Comprehensive ** 500 Deductible Collision Basic PIP (Hired and Non -Owned Auto. In0cluded) * Minimum required Unit #1 1974 Dodge Fire Truck #2 1973 Ford Dump Truck #3 1969 Chev. Fire Truck #4 1979 Ford Fire Truck #5 1985 Chev. Fire Truck #6 1975 Chev. 3/4 Truck (Liability Only) Premium: $$2,517.00 SECTION V - Mercantile Robbery and Safe Burglary Coverage Limit - $1,000 Inside and Outside Coverage Premium: $23.00 SECTION VI - PUBLIC OFFICIALS LIABILITY LIMIT: $600,000 1,000 Deductible --- Prior ACTS Coverage included (5year limitation) Premium: $950.00 SECTION VII - COMMERCIAL COMPREHENSIVE CATASTROPHE LIABILITY NO QUOTATION SECTION VIII - BONDS WESTERN SURETY COMPANY $6,000 Public Official Bond - City Clerk Premium - $30.00 $10,000 Position Fidelity Schedule Bond - Position Clerk Treapurer - Insd City of Albertville Premium - $50.00 (Optional Quotation Public Officials Liability) Tudor Insurance Company - $1,000,000 Limit 500 Deductible per official 2,500 per claird Premium: $2,600.00 Prior Acts coverage 12/1/77 RECAP 85-86 86-87 $1,030.00 $1,184.00 SECTION I PROPERTY 511.00 375.00 ^ECTION II INLAND MARINE 783 . 00 ACTION III COMP. GENERAL LIABILITY .00 3,675675.00 2,783 17 00 SECTION IV COMP. AUTO LIABILITY 5.00 SECTION V MERCANTILE ROBBERY & SAFE BURGLARY 2,085.00 923.00 .00 SECTION SECTION VI PUBLIC OFFICIALS VII COMMERCIAL COMP. CATASTROPHE LIABILITY 1,000.00 80.00 0.00 SECTION VIII BONDS 9,247.00 572.00Reserve Assess. 6,484.00 JOB DESCRIPTION )CIF POSITION FILE: Public Works Superintendent To supervise and administer the operation, repair and maintenance of all public works in the city, including wastewater system, storm water system, streets, park facilities and vehicles and equipment. 1. Plan public works operations. Provides input as to needs and cooperates with the Administrator and Engineers in developing objectives to achieve the goals and policies of the city. 2. Schedule and coordinate work to achieve department objectives with the most efficient utilization of employee, equipment and time. Determines priorities, assigns work and follows up to ensure proper completion. 3. Direct all street maintenance functions. Supervises the repair and regular sweeping of all city streets, grading of gravel roads, black topping and seal coating operations, installation and maintenance of signs, etc. Coordinates operations as appropriate with the Utility Departments and private contractors. 4. Direct all snow removal and sanding functions. Supervises and assists in plowing all city streets, sanding streets as needed and other municipal facilities. 5. Ensure proper maintenance and development of park and recreation facilities. 6. Ensure proper maintenance of city equipment. utility 1. Direct the operation and maintenance of the City Sanitary S,*ewer Systems. 2. Sewer operations. Provides input as to needs and cooperates with the Administrator and Engineer in developing objectives and plans to achieve the goals and policies of the City Council. 3. Ensure proper maintenance of the Sanitary Sewer System. Supervises and performs work required in the cleaning and repair of sewer lines, maintenance of pumps and lift stations, etc. 4. Maintains records and prepares required reports, including records of daily pumpage; all test results; major repairs; locations of all lines, valves, and manholes, etc. Prepares and submits reports as required by the State and other regulatory agencies. 5. Direct the maintenance of all Department facilities, including supervising or performing regular upkeep on buildings and grounds and normal servicing of truck, tractor, mowers, etc. PUBLIC WORKS SUPERINTENDENT JOB DUTIES 1. Prepare work plans for superintendent and part-time help. 2. Prioritize work schedule. 3. Supervise part-time employees (Summer Youth Program participates, MEED employess and Restitution Workers) assigned to the Maintenance Department. 4. Assis in and check for work completion. PUBLIC WORKS 1. Provide input to the City Administrator, City Engineer and City Council regarding maintenance related projects. 2. Provide maintenance related input for new developments within the City when requested by the City Council or the City Administrator. 3. Assist City Engineer in preforming inspections as requested and as needed. STREET MAINTENANCE 1. Preform regular inspections of physical condition of city -controlled streets. 2. Preform necessary grading on local gravel streets. 3. Preform patching on local streets as needed. 4. Arrange contractual streetenance when requested by the City Council or City Administrator. 5. Preform periodic inspections of contractual street maintenance to assure propert completion of work. 6. Provide necessary markings of manholes and calues for contractual street grading and maintenance. 7. Assist in coordinating utility locations (gas, electric and telephone) as appropriate. 8. Assist in reviewing utility plans at the Engineers request. 9. Aprove necessary permits for utility companies. 10. Preform or coordinate contractual hauling of gravel for streets and assure that is is graded properly. 11. Preform regular maintenance checks on strom sewers, gutters, catch basins and intakes to assure that the system is free of washouts, build up of gravel and has a general clean appearence. 12. Schedule cleaning of strom sewer when needed. 13. Assist Engineer in determining repair and/or maintenance schedules for street, sewer and storm sewer systems. 14. Preform and/or schedule contractual street sweeping on local streets when directed by City Council or City Administrator. 15. Predetermine rotating schedule for painting City street curbs and preform the required work on an annual basis. 16. Arrange for and assist in cleaning out open ditches running through the City. 17. Clean out strom sewers when plugged. 18. Investigate and arrange for repairs of "trouble spots" within the strom sewer system. PAGE 2 19. Install, maintain and order necessary material required for maintenance projects. WINTER STREET MAINTENANCE 1. Order and pick up required sand and salt mixtures needed for sanding. 2. Prepare equipment for the snow removal season. 3. Purchase and install somw plow cutting edges. 4. Determine snow removal route and schedule. 5. Plow and sand street when needed. 6. Hire and supervise additional manpower and equipment for snow plowing and strom clean up. 7. Assist in clearing snow during an emergency (i.e. medical or fire call). 8. Plow out municipal facilities (fire barn, city hall, wastewater treatment facility, shop, park and parking lots) 9. Maintain equipment and determine when additional outside maintenance is needed. 10. Open frozen strom sewers as needed. 11. Keep fire hydrants free of snow. SUMMER MAINTENANCE 1. Mow and trim grass in park, road ditches, wastewater treatment fac- ility aand city hall. 2. Turn water on and off in park. 3. Clean park facilities on a regular basis. 4. Open restroom facilities in park each morning and close them at the end of the business day. 5. Supply restrooms with necessary paper products. 6. Preform duties as directed by the Park Board, City Council and City Administrator. 7. Order and spread sand in playground area. B. Maintain Park Equipment (paint, repair and relace as needed). 9. Install, maintain and replace boundary posts as needed. 10. Empty trash containers on a weekly basis or more frequently if needed. 11. Maintain Park's parking lot as needed or as directed by Park Board. 12. Provided input to Park Board and community organizations as requested regarding ongoing projects. 13. Mow and maintain softball playing field. 14. Maintain hockey rink during summer (paint and repair as directed by Park Board. EQUIPMENT MAINTENANCE 1. Paint equipment as required. 2. Preform regular maintenance on mowers, truck, pickup and tractor by checking for wear on tires, belts, gearboxes and spark plugs replacing when necessary. 3. Review manuals on equipment to assure proper usage. 4. Maintain maintenance records on equipment. 5. Maintain records on needed repairs, inspections, notice of repairs and completion dates. 6. Preform useage check on equipment prior to and after operating equipment (gas, o71, blades and belts) preforming normal maintenance PAGE 3 and necessary repairs on equipment when needed. 7. Arrange for additional outside equipment repairs (major and minor overhauls and tuneups). 8. Preform minor welding work on equipment. 9. Check and replace nuts and bolts, bearings and pulleys as needed. 10. Assure that equipment is operating according to safety standards. BUILDING MAINTENANCE Park Buildings 1. Inspect park shelter for damage and make required reports to the Sheriff's Department, City Council and City Administrator. 2. Repair minor vandelism demage. 3. Clean floors on a regular basis. 4. Clean concession stand area at the beginning and the end of the summer months. 5. Repair and paint pinic tables as needed. 6. Clean restrooms on a regular basis. Warming House 1. Make repairs as needed or as directed by the Park Board. 2. Clean on a regular basis. 3. Paint building when necessary. City Hall, Fire Barn and Shop 1. Clean up Council Chambers (meeting room) and Administrator's Office on a regular bases or as neede. 2. Straighten chairs in Council Chamber. 3. Vacumm floors on a weekly basis and champoo carpet as needed. 4. Wipe down paneling and clean windows when needed. 5. Make minor repairs as required. 6. Clean restrooms on a regular basis. 7. Buy necessary supplies for kitchen and restrooms (i.e. paper products and cleaning supplies). B. Change light bulbs as needed. 9. Paint outside trim and building as required. 10. Install and take out airconditioners spring and fall. 11. Winterize building by install plastic on windows. 12. Preform checks on furance and replace filters as needed. If addition furance work is needed contact repair person. 13. Paint walls, trim and floors in shop/fire barn as needed. Storage Shed and Old Jail 1. Arrange equipment and storage area to provide room for supplies. 2. Build shelves as needed 3. Pain and repair as needed. 4. Check for vandelism. PAGE 4 WASTEWATER TREATMENT FACILITY 1. Supervise and preform operation and maintenance of the wastewater treatment facility. 2. Assure proper maintenance of sewer lines. 3. Supervise and/or preform sewer line cleaning (i.e. flughing, hiring necessary equipment--jetters, vacumm pumps etc.). 4. Supervise and/or assist in repairs of sewer lines by outside contractors. 5. Preform checks of system to assure that it is functioning properly. 6. Handel sewer backup complaints.by checking into the problem and taking the necessary steps to resolved it. 7. Work with contractors and Engineer new construction projects. 8. Locate manholes and inspect entire system at time of completion. 9. Clean out and relocated manhole castings and covers which can be displaced by large vehicles, graders and heavey equipment. 10. Assure that manholes are place at proper grade during construction. 11. Clean away debris caused by misplacement of manhole. 12. Inspect pump and lift station as part of the entire system. 13. Check pumps for proper operation and contact necessary outside repair people when there is need. 14. Check for electricial problems and arrange for repairs. 15. Check daily all related equipment at lift stations --air compressors, heaters, dehumidifiers, lights, blowers, control panels and pumps. 16. Take daily reading, prepare monthly MPCA monthly, quarterly and special reports. 17. Arrange for and supervise quarterly and/or montly lab testings and inform City Engineer of results. 18. 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