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1992-12-07 CC Agenda/Packet• ALBERTVILLE CITY COUNCIL AGENDA December 7, 1992 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * November 16, 1992 V. APPROVAL OF THE MINUTES * November 16, 1992 - Regular Meeting * November 16, 1992 - Public Hearing-TIF #4 Budget * November 24, 1992 - Assessment Hearing - Trunk Sewer Line * November 24, 1992 - Assessment Hearing - Westwind Commercial Property VI. COMMUNITY FORUM - Tim Raab - Driveway settlement problem VII. DEPARTMENT BUSINESS A. MAINTENANCE - Quote on Lettering New Plow Truck - Reports on Snow Plowing Complaints - Discuss trial change of working hours - Project Updates B. ENGINEERING - Sewer Upgrade Bids - Sub -committee Report: Sewer Rates & SAC Charges - Drainage Study - Trudy Dahlheimer Property - Project Updates 8:30 PM C. LEGAL - Project Updates D. PARK BOARD - Resignation of Dean Spencer - Proposed Park Rental Fees per 10/21/92 meeting - Security System for new Park Shelter E. PLANNING & ZONING - Recommendation to approve Breun Subdivision and Variance Requests per minutes of Nov. 24, 1992 meeting. F. ADMINISTRATION * Financial Statement * Approval to pay bills (Check #6950 - thru 7022) Joint Powers request for resolution regarding Operating & Authorization Agreement with regard to water rates and hook -on fees Joint Powers request regarding Mutual Agreement to Terminate Water Tower Lease Fehn Assessment - Barthel Manor 2nd Add`n. Street Lighting in front of new High School Dennis Fehn request re: Warming House Removal Recycling Bids VIII. ADJOURN UPCOMING ME INGSIIMP RTANT DATES December 8, 1992 Planning Commission - Regular Meeting December 8, 1992 Sewer Trunk Line Assessment Continuation 7:00 PM December 9, 1992 Truth in Taxation Hearing - 7:00 PM December 16, 1992 Continuation of Truth in Taxation Hearing, if necessary - 7:00 PM December 17, 1992 Park Board - Regular Meeting December 21, 1992 City Council - Regular Meeting December 22, 1992 Planning Commission - Regular Meeting • E ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS December 7, 1992 III. APPROVAL OF CONSENT AGENDA - Minutes of November 16, - Minutes of November 16, - Minutes of November 24, - Minutes of November 24, 1992 - Regular Meeting 1992 - Public Hearing TIF #4 Budget 1992 - Assessment Hearing - Trunk Sewer Line 1992 - Assessment Hearing - Westwind Commercial - rinanciai btatement - Approval to pay bills (6950 thru #7022) - Follow Up Sheet - November 16, 1992, Meeting - Joint Powers request for resolution regarding Operating & Authorization Agreement with regard to water rates and hook -on fees ALBERTVILLE CITY COUNCIL December 7, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Duane Berning, Mark Barthel and Mike Potter, City Clerk Linda Houghton, City Engineer Thore Meyer, City Attorney Mike Couri Mayor Walsh called the regular meeting of the Albertville City Council to order. The following items were added to the agenda: Maintenance: - Discuss storing the new truck at the pond site - Discuss sanding in front of the new high school Engineering: - Barthel Manor Second Addition Administration: - 1992 audit bids - Transfer $25,000 from sewer fund to general fund as budgeted in 1992 - Resolution 1992-44 (Reserving astericked line item funds in 1992 budget) - Ken Lindsay's work related injury Potter made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the Follow -Up Sheet from the November 16, 1992, meeting. Potter seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the November 16, 1992, meeting as presented. Potter seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the November 16, 1992, public hearing to amend the budget of TIF District #4 as presented. Potter seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the November 24, 1992, Assessment Hearing on the Westwind Commercial property as presented. Potter seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the November 24, 1992, Assessment Hearing on the trunk sewer line as presented. Potter seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL December 7, 1992 Page 2 of 6 The Council reviewed the information presented by Tim Raab concerning the settlement in his driveway around the curb stop. He feels poor compaction when the curb box was installed has caused the driveway to settle. Thore reported that the curb itself was mudjacked into place easily, but there is a quite substantial hole under the driveway around the curb box. It is not possible to mudjack this because the hole is too large. Councilmen Potter Berning and the engineer will meet with Mr. Raab to discuss a solution. Dan Wolesky, representing the Blue Line Hockey Club, requested approval for a gambling license enabling them to help the Albertville Jaycees conduct a raffle for a snowmobile at the Snowmobile Race event January 2 and 3. Wolesky also requested a letter from the City exempting the Blue Line Hockey Club from the 30-day time frame for the license. Potter made a motion to approve the gambling license allowing the Blue Line Hockey Club to participate in the snowmobile raffle on January 2 and 3, 1993, and to request the state to waive its 30-day time restriction on the license. Berning seconded the motion. All voted aye. The Council directed Ken to get at least one more quote for lettering the snow plow truck and to accept the lowest quote. The Council were presented with Ken's responses to the snow plowing complaints the Council discussed at the last meeting. Ken explained that he does not feel that the new working hours for the maintenance department are beneficial to the City. Linda explained that in her opinion the new hours were not causing any problems and that the City benefited from having a maintenance employee on the job from 7:30 am to 4:30 pm. The Council concurred that scheduling work hours was an administrative decision and, based on Linda's recommendation, the hours would remain as set. Councilman Vetsch had requested that the City should consider storing the plow truck at the wastewater treatment building. Mayor Walsh indicated that this should be an administrative decision. Mayor Walsh requested that the maintenance department sand both entrances to the new high school to eliminate a potential hazard. Engineer Thore Meyer reported on the bids received for the 1992-11B Sewer Main Replacement project. Since the low bid is higher than those figures presented in the Feasibility Study, he advised the Council in his letter dated December 7, 1992, to delay the awarding the bid until December 21, 1992, to enable his firm to determine if there are any potential cost savings in the contract, to clear up any discrepancies in the Small Minority ALBERTVILLE CITY COUNCIL December 7, 1992 Page 3 of 6 Business/Women's Business Enterprise requirements, and to determine if the loan amount for this phase of the project may be amended with the MPCA and DTED. Potter made a motion to delay the awardal of the contract for the 1992-11B Project until December 21, as recommended by the engineer. Berning seconded the motion. All voted aye. Mayor Walsh and Councilman Berning met with Linda and Thore to examine the sewer rates for 1993. The current rates are adequate to cover the O&M cost of the system at this time. The committee recommends that the sewer rates for 1993 be left at the current rate and advises that the Council review these rates next year. Thore reported that he has walked the area between Trudy Dahlheimer's property and the football field and he doesn't see that the drainage from the football field impacting the Dahlheimer property. He did observe that cattle and horses have tramped through the ditch behind Dahlheimer's and have probably somewhat disturbed the original elevations. Thore recommended that the Council make an actual drainage study of the area. Thore was directed to put together the costs of a retaining wall in Barthel Manor Second Addition for the Council to review at their next meeting. The Council received a letter of resignation from the Park Board from Dean Spenser. Spenser was in attendance at the meeting. The reason for his resignation was questioned, and he explained that he, along with the other Park Board members, found it very difficult to work with Ken Lindsay in the maintenance department and was frustrated by the problems the Park Board has encountered. The Council reaffirmed that Mike Rutkowski is in charge of the parks and the Park Board should deal directly with him only. Linda was directed to meet again with both maintenance employees to clarify the job positions. Spenser agreed to withdraw his resignation from the Park Board at this time. Potter made a motion to adopt the following park rental/damage fees as recommended by the Park Board: Ballfield/Concession/Building Resident $100 Non -Resident $150 Building Only Resident $ 50 Non -Resident $100 ALBERTVILLE CITY COUNCIL December 7, 1992 Page 4 of 6 Ballfield /Concession Only Resident & Non -Resident S 75 Damage Deposit Resident & Non -Resident $100 These fees are effective immediately. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the purchase of the Sentry Security System for the new park shelter building at a cost of $550 and to have a telephone line installed to the shelter. Potter seconded the motion. All voted aye. Attorney Mike Couri reported that he has spoken with the Wright County Auditor and she will accept special assessments for the 1992 tax roll for the trunk sewer line. Couri reported that he is in the process of getting the sewer line easement over the property owned by Margaret Heinen corrected. It is simply a matter of cancelling out the old, incorrect easement and substituting the new easement. Couri also reported that a complaint against Maynard Strickler, owner of the property known as "Rugged Road" has been filed with the County to initiate clean-up of his property. Couri was asked to review the statement from Radzwill Law Firm regarding the charges for the TIF #4 public hearing and get back to Linda. Potter made a motion to approve the subdivision request from Ed Bruen as recommended by the Planning & Zoning Commission on November 3, 1992. The buyer of the subdivided lot has agreed to purchase an additional 20 feet of property from Ed Bruen in order allow him to keep the door on the west side of the current Car Wash. With this additional property, the buyer will not need a variance for his trash area. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the Financial Statement for the period November 13 - December 2. Potter seconded the motion. All voted aye. Barthel made a motion to pay the bills (Check #6950 - Check #7022) with the exception of Check #6988. Couri will get a revised billing for the City. Potter seconded the motion. All voted aye. Barthel made a motion to approve the resolution for Joint Powers to increase water rates and hook -on fees. Potter seconded ALBERTVILLE CITY COUNCIL December 7, 1992 Page 5 of 6 the motion. All voted aye. Potter made a motion to amend the proposed Lease Termination Agreement with the Joint Powers Board, contingent upon its being amended to include that Joint Powers will install a water service to this property and will notify the City prior to the installation to allow the City to install a sewer service at the same time and Joint Powers will seed the property. Berning seconded the motion. All voted aye. Linda was asked to contact NSF and get cost estimates of installing two street lights by the entrances to the new high school for the next meeting. The Council discussed Dennis Fehn's offer to move the old warming house out of the City at no cost. Because of the on -going problem with space for the maintenance and fire departments, Mayor Walsh indicated that he felt the City should have the building moved to the wastewater treatment plant for cold storage. Potter made a motion to allow Dennis Fehn to move the old warming house outside of the City of Albertville. Barthel seconded the motion. All voted aye. The Council considered the bids for recycling for 1993. Two bids were presented --one from Wright Recycling and one from Evergreen Recycling. Barthel made a motion to accept the low bid from Wright Recycling for a two-year contract for recycling in the City at a cost of $435.00 per month during 1993 and $450.00 per month in 1994. Potter seconded the motion. All vote aye. Potter made a motion to adopt RESOLUTION #1992-43 to transfer $25,000 from the Sewer Enterprise Fund to the General Fund as approved in the 1992 budget. Berning seconded the motion. All voted aye. Barthel made a motion to adopt RESOLUTION #1992-44 to reserve all monies remaining in the asterisked line items in the 1992 budget. These monies can only be spent on non -designated items by City Council resolution. Berning seconded the motion. All voted aye. The Council discussed Ken's workers' comp back injury. Linda reported that she has a report from Ken's doctor detailing Ken's work limitations with this back injury. Linda was asked to make sure that Ken does not exceed those limitations. Dennis Fehn requested approval to connect his house to the sanitary sewer main located on Barthel Industrial Drive instead of the service stub located off of the cul-de-sac. Thore agreed that the Barthel Drive connection would be a straight shot, but a longer ALBERTVILLE CITY COUNCIL December 7, 1992 Page 6 of 6 service lead than normal. He saw no problem with allowing Fehn to connect as proposed, as long as FEhn agreed to pay his share of the assessment if the sewer main is ever continued down Barthel Industrial Drive. The Council decided to have the Planning & Zoning Commission consider Fehn's proposal before a decision is reached. Potter made a motion to adjourn at 9:30 PM. Barthel seconded the motion. All voted aye. ames A. Walsh, M' /r Linda Houghton; City/dl)erk FOLLOW UP SHEET DECEMBER 7, 1992 Linda: Review sign ordinance and inform current violators of the ordinance's requirements. Council: Determine additional costs to average building if amendment to Ordinance #1000.4 (i) (2) is approved. Vetsch: Meet with Frankfort's engineer & Board to Meyer: negotiate workable solution on 50th Street Berning: regarding who will do what. Meyer: Contact MPCA in an attempt to determine why Psyk`s 5th addition was granted only 10 sanitary sewer connections. Linda: Draft one-year lease with Zimmer Brothers for Couri: of excess land by ponds. Linda: Proceed to develop Fair Housing requirements to comply with the Fraser Steel loan agreement. Meyer: Contact developers of Hardwood Ponds about installing aprons for the two driveways that will access Main Ave. Middleton: Determine additional premiums to insure lift stations against lightning strikes and damages caused by vehicles. Linda: Get 2nd bid on backflow preventer valve. Purchase lowest priced valve. Meyer: Report if action should be taken re: drainage easement per letter from Trudy Dahlheimer. Linda: Contact Anthony Kempernich, MNDOT, to see if City can hook onto original lights along interchange and find out costs involved. Linda: Send letter to Maynard Strickler advising him of City's intent to clean up his property. Linda: Direct Maintenance Department to re -lay sod torn up by snowplowing and direct Maint. Dept. to report on each incident. Ken: Disconnect electricity to warming house. ALBERTVILLE CITY COUNCIL November 16, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch, and Mark Barthel, City Engineer Thore Meyer, City Attorney Bill Radzwill, City Clerk Linda Houghton Acting Mayor Vetsch called the regular meeting of the Albertville City Council to order. Mayor Walsh will be arriving later in the meeting. The agenda was amended under the engineering department to add approval of Resolution #1992-40 (Wetlands Mitigation Plan for Pysk's 5th Addition) and under the administration department to add a discussion of the old City Park warming house and the injury to Maintenance Foreman Ken Lindsay. Barthel made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. The Joint Powers request for approval of the amendment to the Operating and Authorization Agreement with regard to a rate increase was removed from the consent agenda until Mayor Walsh is in attendance. Potter made a motion to approve the follow-up sheet from the November 3, 1992, meeting. Barthel seconded the motion. All voted aye. Potter made a motion to approve the minutes of the November 3, 1992, regular Council meeting. Barthel seconded the motion. All voted aye. Potter made a motion to approve the minutes from the November 4, 1992, Canvassing Board meeting. Barthel seconded the motion. All voted aye. Potter made a motion to approve the minutes of the November 10, 1992, special meeting awarding the bid for the sidewalk project. Barthel seconded the motion. All voted aye. Judy Roden addressed the Council over the debris still on site of the Strickler property along County Road 19. Steve Birkeland, one of the tenants of the building, has cleaned up his portion of the property, but the debris stored on the north side of the building does not belong to Birkeland or Custom Canopy. Linda was directed to contact Veit Demolition immediately the following morning and authorize a clean-up of the properties known as Custom Canopy (west of Hack's) and Rugged Road (on County Road 19). The City has a $3,000 deposit escrow account to pay the costs of clean- up on the Custom Canopy property. The costs of cleaning up the Rugged Road site will be assessed directly to the property ALBERTVILLE CITY COUNCIL November 16, 1992 Page 2 of 4 owner on his real estate taxes. Linda was directed to get another bid on a backf low preventer valve. Ken has gotten one bid from Davies Water Products for a 2" 909 Watts Backflow Preventer for $465.50. Linda is authorized to purchase the valve for the lowest available price. John Holker, of the Hoglund Bus Company, has appraised the old Ford plow truck at $2,800. The City had advertised for sealed bids on the truck, but no bids were received. The appraised value does not include the V-plow. Hoglund Bus Company will attempt to sell the truck for the City for a 10% commission fee. Differing opinions of the Council members has prevented the truck from being taken to Hoglund Bus Company at this time. Berning made a motion to enter into a consignment agreement with Hoglund Bus Company to sell the 1973 Ford plow, wing, sander, and V-plow at an asking price of $3,300. The truck will be delivered to Hoglund Bus Company tomorrow morning with a picture of the V-plow to be delivered as soon as it is available. Barthel seconded the motion. All voted aye. The Council reviewed the October Wastewater Treatment report and noted that even with the new high school connected to the system, the report shows a monthly average flow of 106,000 gallons per day. Capacity of the current facility is 115,000 gallons per day flow. Potter made a motion to adopt RESOLUTION #1992-38 entitled A RESOLUTION AWARDING THE SALE OF $115,000 GENERAL OBLIGATION REFUNDING IMPROVEMENT BOND OF 1992; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. This bond along with the current debt service fund balance will refund the $790,000 General Obligation Improvement Bond of 1988. Barthel seconded the motion. All voted aye. Barthel made a motion to adopt RESOLUTION #1992-39 entitled AMENDMENT OF DEVELOPMENT DISTRICT. Berning seconded the motion. All voted aye. Potter made a motion to adopt RESOLUTION #1992-40 entitled RESOLUTION APPROVING THE WETLAND MITIGATION PLAN FOR THE 1992-3 IMPROVEMENT PROJECT (UTILITIES AND STREET IMPROVEMENT), PSYK'S FIFTH ADDITION. Barthel seconded the motion. All voted aye. City Engineer Thore Meyer explained that there will probably be excess soils from the 50th Street improvement project. The specs for the project require that the dirt be delivered within a one -mile area. Thore asked where the City needed fill materials. The Council agreed that if the 50th Street property owners did not ALBERTVILLE CITY COUNCIL November 16, 1992 Page 3 of 4 need the fill, the dirt should be delivered to the empty City property along Barthel Industrial Drive. As a second choice, any excess could be used at the Westwind park area. Mayor Walsh arrived at the meeting at 9:15 PM and conducted the rest of the meeting. The Council reviewed the October 7, 1992, letter from Trudy Dahlheimer expressing her concerns over drainage when 50th Street is improved. Thoee was directed to view the area and report to the Council if any action should be taken to establish a drainage way easement. Potter made a motion to approve the Financial Statement for the period October 28 - November 12, 1992, as presented. Barthel seconded the motion. Potter made a motion to approve payment of Check #6884 and Check #'s 6909-6942. Barthel seconded the motion. All voted aye. Linda will contact Anthony Kempernich from MNDOT to see if the City can hook onto the original lights along the interchange and find out what costs would be involved. Attorney Radzwill advised the Council that the entire costs associated with the clean-up of the Rugged Road property (Maynard Strickler, property owner) can be collected on the real estate taxes. Linda was directed to send a letter immediately to the property owner advising him of the City's intention to begin clean- up of his property. Veit Demolition will be directed to bury the footings and smooth the dirt at the Custom Canopy site when they remove the debris. Potter made a motion to adopt a resolution entitled RESOLUTION APPROVING CLASS B GAMBLING LICENSE FOR FIREMEN'S RELIEF ASSOCIATION which allows pull -tabs to be sold from KD's Family Restaurant. Barthel seconded the motion. All voted aye. The Council was advised that Ken Lindsay has suffered an injury to his back muscles and is under medical supervision. He is currently using sick leave to rest and allow the muscles in his back to heal. It is the Council's opinion that Ken should not risk reinjuring his back by coming back to work too soon. Three of the City employees have requested a meeting with the Council to address a grievance over a wage freeze. The Council will meet in an open session on December 1, 1992, at 7:00 PM to address the employees' grievance. After the open meeting, the ALBERTVILLE CITY COUNCIL November 16, 1992 Page 4 of 4 Council will meet in successive closed sessions with each employee individually to discuss job performance. Linda was asked to direct the maintenance department to re- lay any sod torn up by snowplowing as soon as possible after the incident. The maintenance department will be directed to report to Linda on each incident. A letter will then be sent to the property owners explaining what action has taken place. The Council agreed to allow the Fire Department to burn the old City Park warming house as soon as possible to enable the open skating area to be increased in size. The maintenance department will be directed disconnect the electricity at that building as well as at the electric pole immediately and remove anything from the inside of the building. The Council agreed to do a performance evaluation on Linda by December 1 and will meet with her to discuss the evaluation that evening after the other employee meetings have been conducted. The Council agreed to table action on the amendment to the Joint Powers Operating and Authorization Agreement on the rate increase until the next regular meeting. Walsh reported that Joint Powers is considering updating the hook -on fees for apartment buildings, etc., similar to the formula we use to determine SAC charges. Potter made a motion to notify Joint Powers that they must agree to remove footings and foundation of the water tower to the depth of at least 10 feet, remove all pipes from the ground, and install a 1" water service line to the property before the City will agree to terminate the water tower lease. St. Michael must also agree to terminate the water tower lease. Vetsch seconded the motion. All voted aye. The Council agreed to try changing the maintenance department work schedules so that one employee works from 7:30 - 4:00 and the other employee works from 8:00 -4:30 beginning with the next pay period. The Council will evaluate the change at the next meeting. Barthel made a motion to adjourn at 10:05 PM. Vetsch seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, City Clerk Council: Review Linda's performance & meet with her on Dec, 1 to discuss evaluation, Council: Evaluate proposed change in work schedules of Maintenance Department employees. PUBLIC HEARING ON AMENDING T.I.F. DISTRICT #4 BUDGET November 16, 1992 Albertville City Hall 7:30 PM PRESENT: Councilmen Donatus Vetsch, Duane Berning, and Mike Potter, City Clerk Linda Houghton, City Engineer Thore Meyer Acting Mayor Vetsch called the meeting to order. The purpose of the meeting is to consider amending the budget of T.I.F. District #4. Berning made a motion to adopt RESOLUTION #1992-41 amending Part II, Paragraph F of the Tax Increment Financing District #4 as follows: Land $50,000 Park Improvements 7,000 Sidewalk Improvements 4,337 Administrative Costs 4,000 Legal Costs 5,529 Contingencies 36 Bonding 1,875 Bond Agent Fees 67 Total Project Expense $72,844 Potter seconded the motion. All voted aye. Potter made a motion to adjourn at 7:20 PM. Berning seconded the motion. All voted aye. Linda Houghton, City Clerk ASSESSMENT HEARING TRUNK SEWER LINE November 24, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch, and Mark Barthel, City Attorney Bill Radzwill, City Engineer Thore Meyer, and City Clerk Linda Houghton Mayor Walsh called the public hearing on the assessment of the trunk sewer line to order. The clerk read the public notice of the hearing. The audience in attendance for this hearing are as following: Doug and Beatrice Psyk, Clem Marx, Bernard Marx, Mike Heuring, Bob Heuring, Brian Bebeau, Don Mischke, and Mario DeMatteis. Mayor Walsh asked for written or oral objections to the proposed assessment. Don Mischke, Chairman of I.S.D. #885 School Board, stated the SAC fees paid for the new high school totaled about $45,000. It is the school's position that these SAC fees should apply toward the school's proposed assessment. The Council explained that every new connection to the wastewater system is charged a SAC fee on the building permit that does not apply to any assessment of the mains. Doug Psyk asked when the assessments would be payable. The Council explained that the assessments would go on the 1993 tax rolls unless a decision is reached to defer the area portion of the total assessment for a period of time, as the Council has previously discussed as a possibility. Mike Heuring and Brian Bebeau objected to being assessed for the total cost of the main extension past their properties. Both indicated one-half of the costs should be borne by the property owners on the other side of 50th Street. The school district owns that property and do not benefit from the extension to serve Joint Powers, Heuring or Bebeau. The Council has taken into consideration that no other property has been assessed solely to one side of the street and has received another trial assessment (Trial III) from the city engineer to consider. Attorney Radzwill advised the Council that the assessment notices were mailed to the property owners based on the figures presented in Trial II. The Council may lower any or all individual assessments, but they cannot increase any single assessment over the noticed dollar amount without calling setting another public hearing and re -noticing the property owners. Radzwill further stated that the burden to reach an equitable assessment basis is on the Council. Potter made a motion to recess the public hearing at 8:55 PM. Barthel seconded the motion. All voted aye. Mayor Walsh reconvened the meeting at 9:10 PM. Doug Psyk told the Council he would contest his assessment as proposed in Trial III. He also questioned how the Council could assess all the properties since PCA has approved only an additional ten hook-ups to the wastewater system. The Council indicated that until those ten hook-ups have been used, all properties are benefitted. If additional hook-ons are denied at some point in the future, the Council would then have to deal with an abatement of the assessment. Bernard Marx objected to the cost of the trunk line through his dad's property. He presented the Council with cost differentials between the 12" line installed and an 8" line he feels was only necessary. His figures show that an 8" line installed at a depth of up to 12' should have cost only $26,240, vs. the cost of the oversized and overdeep line of $87,305. The Council explained that it was in the best interests of the City to provide service for as much of the city as possible through this trunk line. Each property owner will be assessed on an equitable basis if the property currently benefits or benefits in the future. Psyk questioned why the Council did not agree to have the City pick up 25% as a previous Council had done. The Council explained that was not the policy of this Council. Vetsch made a motion to close the public information portion of the hearing on the proposed assessment of the trunk sewer line (based on the figures presented in Trial II). Barthel seconded the motion. All voted aye. Potter made a motion to continue the deliberation portion of the assessment hearing until December 8, 1992, at 7:00 PM at City Hall. No further objections or comments from the public will be heard at the continuation. Barthel seconded the motion. All voted aye. Berning made a motion to adjourn the hearing until the continuation of the deliberation portion of the hearing set for December 8 at 10:05 PM. Vetsch seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, Clerk ASSESSMENT HEARING WESTWIND COMMERCIAL PROPERTY November 24, 1992 Albertville City Hall 7:00 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch, and Mark Barthel, City Attorney Bill Radzwill, City Engineer Thore Meyer, and City Clerk Linda Houghton Mayor Walsh called the public hearing on the assessment of the Westwind commercial property to order. The clerk read the public notice of the meeting. Wally O'Dell and John Darkenwald were in attendance for this hearing. O'Dell presented a formal letter of objection, dated November 24, 1992, to the proposed assessment. O'Dell addressed the Council and asked that the Council meet with the owners to discuss the settlement proposed by the owners earlier and to work out a time schedule for the assessment. The Council explained that the assessments have already been essentially deferred interest free since 1988 and it is the Council's decision to place the assessment against the commercial property for 1993. O'Dell indicated that the bonds were sold with the intention that SAC charges would be used to pay off the bond, instead of special assessments. Attorney Bill Radzwill explained to O'Dell and Darkenwald that the bonds were sold under the 444 state statutes that allow the City to use a combination of payment alternatives. Radzwill advised the Council to adopt a resolution to specially assess the Westwind commercial property in the amount of $29,606.54 at a rate of interest of 8.25%. Darkenwald questioned why his letter noticing the assessment mailed on November 9, 1992, showed an interest rate of 7.2%. Radzwill indicated that the 7.2% interest rate was a clerical error and it has always been the City's policy to set the interest rate on special assessments at 1.5% over the average interest rate of the bond. O'Dell suggested that the Council agree to mutual arbitration of this assessment. The Council affirmed their decision to assess this property for the 1993 tax year. Berning made a motion to adopt RESOLUTION #1192-42 entitled RESOLUTION ADOPTING ASSESSMENT against PID #101-500-354300 in the amount of $29,606.54 payable in equal annual installments extending over a period of 12 years and bearing a rate of eight and one - quarter per cent (8-1/4%) per annum. Potter seconded the motion. All voted aye. Potter made a motion to adjourn the assessment hearing. Barthel seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, City Clerk I 5964 Main Avenue N.E. P.O. Box 131 Albertville, MN 55301-0131 (612) 497-3384 Fax: (612) 497-3210 CITIZEN INFORMATION FORM DATE: -� - NAME: ADDRESS: PHONE: NATURE OF INFORMATION: L-) L -,L ✓ ( ),q lZ) r - lb / f , _J curry WI,ti i z ACTION TAKEN: j ACTION PERFORMED BY: DATE: NOV c5 '92 14:19 ERANKLIN OUTDOOR PDV. PROPOSAL Proposal Submitted To F.� Proposal No. pp Sheet No. flp j Oate ItIas IqZ. Work To Be Performed At Name ti ` Street Street City State City -- -f date of Plans State Architect Telephone Number We hereby propose to furnish the materials and perform the labor necessary for the completion of _._......._---•...,._ ._,._. ...,gam.-_ � ._�.. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and. specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ 1 7 :5, o 0 1. with payments to be made as follows: 1-7 6 a—, — (a ra Z e c,-J. r..ca,,. --P � �. 1.encS• Any alteration or deviation from above specifications involving Respectfully submitted, . extr a Costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond Per - our control, Owner to carry fire, tornado and other necessary insurance upon above work. workmen's Compensation and Note -- This proposal may be withdrawn Public liability Insurance on above work to be taken out by by us if not accepted within days ACCEPTANCF- OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date Signature M E M 0 TO: JAMES WALSH DONATUS VETSCH DDANE BERNING MARK BARTHEL MIKE POTTER FROM: KEN LINDSAY DATE: DECEMBER 2,1992 RE: KEVIN MEALHOOSE SNOW PLOWING COMPLAINT On Monday, November 2, 1992 we plowed snow. Mr. Mealhouse left his car parked on the street. City Ordinance prohibits Parking on City streets after November 1. We had to re -plow parts of the sidewalks the following day with the pickup. If his car had not been parked there, the sidewalk would have been plowed with the wing the previous day when I had a wing man with me to make sure we did not hit the sod. M E M 0 TO: JAMES WALSH DONATDS VETSCH DDANE BERNING MARK BARTHEL MIKE POTTER FROM: KEN LINDSAY DATE: DECEMBER 2,1992 RE: JOAN KODODO SNOW PLOWING COMPLAINT Linda and I looked at this area on November 25th. The sod was ripped up 3 to 4 inches from the curb. The lawn is higher than the curb. This is also on a curve immediately following a cluster of mailboxes. I put a wooden stake on the curve to aid us in locating the curb. The homeowner could help us by making sure the stake remains in tact and by replacing it should it somehow get knocked down. To whom it may concern: I, Dean M. Spencer, am resigning from the the Albertville Park Board effective December 1, 1992. Sincerely, i Dean M. Spencer - ifz-- .�-�� F?AI h BU.-iF. D 1 I, 6TlNG UCTUBEP. 21, 1992 tiLt3 ;F TVILLL CITY H�a,L 7: 00pm PiJK BUAF D 1 F Jharon inderson, i-am I oden, r,,ary Vetsch, (•Like I utkowski of the City rizintainance ,)epartment. ABSENT: Dean :spencer I-utkowski reported that the drag for the ballfield was found. F uticowski suggestef? to the Hoard that new nets for basketball hoops be considered. Putkowski will get estimate: on both chain and cloth nets. Futkowski also reported that the volleyball nets at both parks are in need of repair or replacement. He will get estimates for these as well. tinderson made a motion to accept the following as rental/damage fees: Ballfield/Concession;Juilding resident '41100.00 non-resident 150.00 iiuildin; only resident .;50,00 non-reui,Ient 100.00 Ballfield/Concession only resident g non-resident G75.00 Damage deposit resident & non-resident Vetsch seconded the motion. All voted aye. Vetsch made a motion that all revenue from City lark and shelter be put back into all city parks. Ioden seconded the motion. rill voted. aye. The Maintainance Department will look into the possibility of ;getting some clay donate:i, for the hockey/skating rink. Anderson suggested that ulfgrading the lights for the hockey/,kating rink :should be conc,ilere•1. The present lighting is far more costly, per month than it could be. ,-,n:aerson will get a bid on upgrading. Anderson made a motion to use the funds from the spring Fling to- wards the Appreciation Night (new shelter). Vetsch seconded the motion. All voter aye. Vetsch made a motion to recommend 5/3 " sheetrock for the ceiling in the newshelter. F. oden seconded] the motion. 1%11 voted aye . The board tabled discussion on an alarm system for the new shelter. Foden made a motion to adjorn the meeting. Vetsch seconded. the motion. All voted aye. Pam F.oden, .secretary PLANNING & ZONING COMMISSION NOVEMBER 24, 1992 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: LeRoy Berning, Howard Larson, Roger Johnson, and Secretary Ann Culley. Acting Chairman Berning called the meeting to order at 7:15 PM. Johnson made a motion to approve the agenda as submitted. Larson seconded the motion. All voted aye. A motion was made by Larson to approve the minutes of the October 27, 1992, meeting correcting paragraph 5 to read the west side of the building, not the east side, Johnson seconded the motion. All voted aye. Dennis Eull was present regarding his proposed purchase of the Albertville Car Wash from Ed Breun. .Johnson made a motion to open the public hearing regarding the Breun subdivision and variance requests. The motion was seconded by Larson. All voted aye. The Commission first addressed the memo from Mealhouse regarding the Building Code requirement that the door on the west side of the building must be blocked closed and must have one hour rated walls. This must be completed prior to Eull opening for business. Eull stated that he may not be interested in making this purchase if he would be unable to utilize this door for his customers. Eull was reminded that the easement, along the westerly property line was for maintenance purposes only and not for ingress/egress. The Commission questioned if blocking this door could cause a possible problem with regard to having a second exit in case of fire and suggested that he check with Mealhouse to see if a 1 hour fire rated door could be used instead of block. This would allow an additional emergency exit also. Eull was given Mealhouse's phone number and asked to contact him directly to clear up these questions. Eull questioned if dumpster areas had to be enclosed for restaurants only. If so, he stated that K.D.'s Family Restaurant's was not enclosed. Larson observed that a number of other types of businesses in Albertville also had dumpsters which were not enclosed. The Commission directed Ann to check into this and get back to Eull with an answer. Berning questioned whether or not Breun was aware of the $140 park dedication fee which would be required. Eull stated that he had talked with Breun regarding this matter. PLANNING COMMISSION - 11/24/92 Page 2 There being no further comments or questions from those present, Berning made a motion to close the public hearing. Larson seconded the motion. All voted aye. Johnson made a motion to recommend that the City Council approve the subdivision request contingent upon the buyer working out his concerns regarding the door on the west side of the building and that the Council approve the variance request to locate the trash area next to the property line. Larson seconded the motion. All voted aye. Tom Haller arrived at 8:35 PM and Acting Chairman Berning turned the meeting over to him. The Planning Commission next addressed Aero Asphalt s rezoning request and the issue of scheduling a public hearing. The Commission expressed a number of concerns with regard to the possibility of granting the rezoning request. The concerns are as follows: 1. There is property available which is currently zoned industrial. Is there a real need for more industrial? 2. Precedence has already been set for current "B" zoning. Do we want to change that at this point? 3. Is this request in conformance with the City"s Comprehensive plan? 4. Is this the highest and best use of this property, which is essentially the "front door" to the Albertville Community? 5. There is currently no allowance for the proposed modular building in the Zoning Ordinance, even on a temporaty basis. 6. There could be a problem with drainage into the lake and the Commission is concerned with possible contamination of the lake. The Commission will do further research and will address these concerns with Aero Asphalt at the time of the public hearing. Berning made a motion to schedule the public hearing for December 22, 1992 at 7:00 PM. Haller seconded the motion. All voted aye. The Commission next addressed the Conditional Use Request for Beatrice Roden. Mrs. Roden's building has already been built due to an incomplete site plan which was provided at the time of the building permit application. The Commission has requested that Kevin Mealhouse be present at the December 22, 1992, Planning Commission meeting in order to address this type of situation and how the City can prevent this from happening again in the future. Kevin is asked to be there by 8:30 PM. Berning made a motion to schedule a public hearing to consider the Roden request for a Conditional Use Permit, on December 22, 1992, at 8:00 PM. The motion was seconded by Haller. All voted aye. PLANNING COMMISSION - 11/24/92 Page 3 Berning made a motion to schedule a public hearing for consideration of the proposed Fire Hydrant Ordinance on December 22, 1992, at 9:00 PM. Larson seconded the motion. All voted aye. The Planning Commission next discussed the need for an adult use ordinance and the steps necessary in placing such an ordinance in effect. They were given more information to use in researching this proposed ordinance. Andy MacArthur of Bill Radzwill's office was present and further clarified the need for an ordinance of this type, the steps which need to be taken in order to put such an ordinance in effect, and the reasoning behind same. The Commission requested that a check list be put together to aid them in their endeavor. The Planning Commission will discuss the Adult Use Ordinance in more depth at their next meeting. The Commission further requested check lists to aid them in their steps toward making findings of fact with regard to Variances, Conditional Use Permits, Rezoning, Planned Unit Developments, and Subdivisions. Andy will provide copies of samples to Ann. Johnson made a motion to adjourn the meeting at 10:15 PM. Larson seconded the motion. All voted aye. Ann Culley, Secretary CITY OF ALBERTVILLE FINANCIAL STATEMENT November 13 - December 2, 1992 Beginning Cash Balance November 13, 1992 INCOME (Nov. 13 - Dec. 2) Bond Proceeds 115,000.00 Building Permits 1,855.95 City Hall Damage Deposit 75.00 City Hall Rent 75.00 Conditional Use Permit 55.00 Dog License 20.00 Reimburse - D. Barthel 2,971.13 Sewer Penalties 611.04 Sewer Receipts 5,072.53 Special Assessments 45,609.50 Storm Water Receipts 171.40 Tax & Assessments 245,286.63 TIF Payments 133,944.13 Title Search 60.00 Miscellaneous 25.00 TOTAL INCOME CASHED IN CD #'S 8815 & 8817 INTEREST EARNED ON ABOVE CD'S FROM 10/9 EXPENSES (Nov. 13 - Dec. 2) Check #6884 and Check #'s 6909-6942 (Approved 11/16/92) 234,513.91 PAYROLL 11/4 - 11/17 Check # 6943 - Ann 492.17 Check # 6944 - Linda 818.59 Check # 6945 - Ken 747.70 Check # 6946 - PERA 329.93 Check # 6947 - Mike 578.59 Check # 6948 - Fed. 952.66 Check #6949 Burlington Northern - Park Lease 650.00 Wire Transfer - Refund '88 $790,000 Bond 693,468.75 TOTAL EXPENSES 550,832.31 877,470.53 3,594.03 932,552.30 $139,619.24 Ending Cash Balance December 2, 1992 $638,963.81 INVESTMENTS: CD #8579 - matures 12/29/92 @ 4.5% CD #8816 - matures 1/9/93 @ 3.25% CD #8823 - matures 1/18/93 @ 3.25% CD #8222 (Lions) - matures 1/18/93 @ 2.82% CD #8807 - matures 3/3/93 @ 3.5% TOTAL INVESTMENTS $153,739.73 556,369.91 556,369.91 30,598.38 350,000.00 $1,647,077.93 CITY OF ALBERTVILLE BILLS TO BE PAID December 7, 1992 tahecl_. No ._____�.__ Very, dor -- -_ Reason Amount 6956 Albertville Auto Parts Sts-Repairs 185.42 Bldg Suppl 43.03 228.45 6957 Anderson, Bruce Pk-Dmg Dep. Rtrn 50.00 6958 Barthel, Mark Nov. Council 109.29 6959 Bergstrom's Lawn Srvc. Sts-Rep & Mtnc 14.64 6960 Berning, Duane Nov. Council 87.73 6961 Bizmart Ofc, supplies 250.27 6962 BFI Refuse 71.26 6963 DST's Park Shelter 7,508.21 6964 Dons Auto F.D. Gas 15.27 Pk Shltr 18.22 St Mtnc 45.26 St Gas 24.17 Pk Gas 24.17 Sewer Gas 24.17 151.25 6965 Feed Rite Testing & Supplies 271.99 6966 Fehn Excavating Class 5 234.60 6967 Fehn, Barbara C.H. Rent Refund 25.00 6968 First Trust, GO Sewer & Rev. Bond 298.75 6969 Franklin Outdoor Advt. Maint. Off. Material 76.00 6970 Gruys Borden Carlson F.D. 18.76 Gen. 492.90 511.66 6971 Hackenmueller`s Sewer Gas 213.00 Sts Gas 25.15 Park Gas 25.15 Bldg Supp 64.10 Sewer Supp 6.97 334.37 6972 Hoglund Bus Co. Ford Truck Repairs 484.67 6973 Holmes & Graven Legal Fees -GO Bond 2,024.36 6974 Joint Powers Board Plan Review 42.00 6975 LaPlant Sanitation Refuse 216.38 6976 MedCenters Employee Ins. 990.40 6977 Minnegasco Oct. & Nov. 320.64 6978 MN Copy Systems Copy Mach Maint 167.74 6979 MN Dept. of R.eveneu Oct/Nov State 863.16 6980 Monticello, City of Oct. Animal Control 81.00 6981 New Brighton Lumber Park Shelter 10,520.68 6982 NSP St Lites 1822.26 CH 124.70 6002 Main 7.28 Lift sta 52.22 Park 38.01 MacIver 107.65 Lift sta 277.41 2,179.53 6983 NW Associated Cnsltnts Planning Fees 702.00 6984 P.E.R.A. Vetsch 13.00 6985 Pepsi Cola Co. Rent 10.65 6986 Pitney Bowes Postage meter rent 38.00 6987 Potter, Mike Nov. Council 124.67 6988 Radzwill Law Ofc. Nov. Legal 5,531.00 6989 Simonson Lumber Co. Park Sh 290.91 Bldg mtnc 109.92 400.83 6990 Southam Business Comm. Advt. bids 524.70 6991 St. Michael Am. Legion C.H. New Flag 25.00 6992 Sunshine Lawn Service Winterize Parks 135.00 6993 United Telephone Nov. Phone 210.46 6994 Valerius, Bill F.D. Reimbursement 49.73 6995 Vetsch Custom Cabinets 3 Metal Shelves 42.60 6996 Vetsch, Donatus Nov. Council 113.55 6997 Walsh, James Nov. Council 235.49 6998 Welter's Inc. Parts -Plow Truck 12.46 6999 Wright County Recorder Copy Documents 3.00 7000 Wright County Sheriff Oct. Services 2,372.50 7001 Barthel, Albert Fire Training 320.00 7002 Berning, Duane Fire Training 340.00 7003 Berning, Cordon Fire Training 250.00 7004 Berning, Greg Fire Training 250.00 7005 Black, Scott Fire Training 155.00 7006 Campbell, Joe Fire Training 250.00 7007 Chicos, Chan Fire Training 250.00 7008 Hackenmueller, Ed Fire Training 280.00 7009 Heinen, Paul Fire Training 290.00 7010 Heinen, Doug Fire Training 290.00 7011 Mealhouse, Kevin Fire Training 300.00 7012 Roden, Kenny Fire Training 250.00 7013 Roden, Kevin Fire Training 300,00 7014 Valerius, Eugene Fire Training 250.00 7015 Valerius, Bill Fire Training 355.00 7016 Vetsch, Dave Fire Training 285.00 7017 Vetsch, Greg Fire Training 290.00 7018 Vetsch, John Fire Training 250.00 7019 Wacker, Bob Fire Training 320.00 7020 Wacker, Rick Fire Training 360.00 7021 Wulff, Brian Fire Training 70.00 7022 Zachman, Kevin Fire Training 270.00 TOTAL $44,633.67 CITY OF ALBERTVILLE FINANCIAL STATEMENT December 3 - December 16, 1992 Beginning Cash Balance December 3, 1992 INCOME (Dec. 3 - Dec. 16) Bond Overpayment 88,468.75 Building Permits 105.38 Interest 389.30 Loan Payment/Fraser Steel 585.27 SAC Charges 775.00 Sewer License 45.00 Sewer Penalties 60.93 Sewer Receipts 452.71 Special Assessments 43,500.00 Storm Water Receipts 38.60 TOTAL INCOME EXPENSES (Dec. 3 - Dec. 16) PAYROLL 11/19 - 12/2 Check # 6950 - Ann 492.17 Check # 6951 - Linda 818.59 Check # 6952 - Ken 747.70 Check # 6953 - PERA 329.93 Check # 6954 - Mike 578.59 Check # 6955 - Fed. 952.66 Check Vs 6956-7022 (Approved 12/7/92) 44,633.67 PAYROLL 12/2 - 12/15 Check # 7023 - Ann 605.30 Check # 7024 - Linda 818.59 Check # 7025 - Ken 945.06 Check # 7026 - PERA 403.85 Check # 7027 - Mike 835.95 Check # 7028 - Fed. 1,329.94 TOTAL EXPENSES 134,420.94 54,492.00 $638,963.81 Ending Cash Balance December 16, 1992 $719,892.75 INVESTMENTS: CD #8579 - matures 12/29/92 @ 4.5% CD #8816 - matures 1/9/93 @ 3.25% CD #8823 - matures 1/18/93 @ 3.25% CD #8222 (Lions) - matures 1/18/93 @ 2.82% CD #8807 - matures 3/3/93 @ 3.5% TOTAL INVESTMENTS $153,739.73 556,369.91 556,369.91 30,598.38 350,000.00 $1,647,077.93 CITY OF ALBERTVILLE BILLS TO BE PAID DECEMBER 21, 1992 Check No. Vendor Reason Amount 7029 AT&T Nov -Feb Srvc. 69.84 7030 Auto Garage Door Co. Pk. Shelter 344.90 7031 Bergstrom's Lawn Roller -streets 5.33 7032 Braun Intertec Sewer Evaluation 1,975.00 7033 Business Radio Licensing F.D. License 85.00 7034 Campbell, Joe F.D. Mileage 57.50 7035 Chouinard Office Prod. Council nameplates 43.34 7036 Crow River Farm Equip. F.D. Equip Repair 60.44 7037 Crow River News Publications 362.07 7038 DJ`s Total Home Care Pk Shelter -furnace 2,675.00 7039 Davies Water Equip. Sewer-Bkflow Prvntr 492.16 7040 Evergreen Recycling Nov. Recycling 467.50 7041 First Trust GO Bond 1988 Fees 982.75 7042 Fraser Steel Nov. Stlmt. TIF 17,610.43 7043 Front Line Plus Fire Line Tape 29.82 7044 Gary Barthel Constr. Park Shelter 5,045.35 7045 Gopher State Locates 2.50 7046 Hackenmueller"s CH supplies 106.59 Sts-gas 33.67 140.26 7047 Health One Transp. Srvc. FD-continuing ed. 100.00 7048 Houghton, Linda Mileage 7.25 7049 Long Haul Trucking Plow Trk-strtn wheels 22.00 7050 Long Lake Tractor Loader -lug nuts 12.25 7051 Med Centers Empl. Health Ins. 990.40 7052 Meyer-Rohlin Nov. fees 1,965.25 7053 MN Fire Chiefs Assoc. Dues 65.00 7054 New Brighton Lumber Pk. Shelter 1,564.22 7055 Olson & Sons Elec. Pk. Shelter 3,875.02 7056 P.C. Taylors Service Computer 69.00 7057 P.E.R.A. Life Ins. Linda & Ann 24.00 7058 Pats 66 F.D. Supp. 5.53 Sts-gas 39.89 Pk -gas 9.88 Sewer -gas 9.88 65.18 7059 Pepsi Cola Co. Rent, 10.65 7060 Redstone Const. Pmt #4-1991-1 Imp 28,476.50 7061 Security State Bank Petty Cash 50.23 7062 St. Cloud Tech College EMT Training-FD 234.00 7063 Sunrise Plumbing Pk. Shelter 4,376.10 7064 Twin City Hardware Pk. Shelter 693.14 7065 Veit & Co. Custom Canopy 874. Strickler 481. Westwind 2,738. 4,093.00 7066 Vetsch, Dave Asst Chief Wage 300.00 7067 Wacker, Rick Chief Wage 600.00 7068 Weber Oil Co. F.D. 97.98 7069 Wright County Treas. Truth in Tax Suppl. 80.28 TOTAL 78,220.64 SCHARBER & SONS 13725 MAIN STREET r� P.O. BOX 128 ROGERS, MN 55374 612-428-4107 LEADERSHIP AT WORIf ° ACTFN(,Y N AME : L. Of 4-1-AetZ-T u --.Lu=. AD1DR E S S : CITY/ -!)T: CONTACT: PHONE Y : PQ UT PMENT PRICE rVL (e (Qd o-c� © a-O IL IS-0 010 S- �. L PRsar j c 1> 3 9 o0 ti TOTAL PRICE TOTAL TRADE ( ) TOTAT, NET PRICE AMENDMENT TO OPERATING AND AUTHORIZATION AGREEMENT WHEREAS, the Cities of St' Michael. Albertville, and Hanover, and the Township of Frankfort. entered into a Joint Powers Agreement and subsequently adopted an Operating and Authorization Agreement which has been amended from time to time: and WHEREAS, the oarties desire to amend said Operating and Authorization Agreement with regard to water rates and hook -on fees: NOW,, THEREFORE, IT IS MUTUALLY AGREED that the Operating and Authorization Agreement dated December 13, 1977, be amended at Paragraph C(3) to read as follows: C3. Rates. A flat rate of $17.60 oer 10,000 gallons. Billing shall be made quarterly commencing January 1, 1993. There is a ouarterlv minimum charge of $17.60 oer residential or commercial unit. Occupancy during any part of a quarter shall be considered full occupancy for the quarter. For purposes of rates, a residential unit shall be a dwelling or portion of a dwelling designed for or occupied by a separate family unit (i.e. two units in a duplex billed as two residential units, two families occupying a single family residence shall be billed as two units, etc.). For puroosed of this section a commercial unit is a building or portion thereof occupied or designed to be occupied by a separate business, professional or commercial use. AND, NOW, THERFORE, IT IS MUTUALLY AGREED that the Operating and Authorization Agreement dated December 13, 1977, be amended at Paragraph C(1> to read as follows: C1. Commencing May 1, 1978. a hook -on fee shall be collected for all water service connections that are in conjunction with a building permit in the water and sanitary sewer planning area designated by the Board. The hook -on fee charged shall depend on the size of the incoming line as shown below: Incoming water Line Size 1" 1 1/4" 1 1/2" 2" 4" 6" all 10" Hook-up Charge (includes surplus charge) $ 1,300.00 1500.00 1^Soo. 00 2,500.00 2,500.00 4,500.00 7,300.00 10,900.00 The hook-up fee shall be collected unless the property owner cannot make a service connection. Except as provided in (2) of this subsection, all service connections shall be made subject to the hook-up fee. PASSED this ______ day of , 19, by the Hanover, Frankfort, St. Michael and Albertville Joint Powers Water Board. HANOVER. FRANKFORT ST. MICHAEL AND ALBERTVILLE JOINT POWERS WATER BOARD Chairman ATTEST: Secretary APPROVED BY: Dated: . 1992. CITY OF HANOVER By:Ile Mayor By: Dated: , 1992. ~ � , n�+=�November lO Ippr ---_-' Dated: TOWNSHIP OF FRANKFORT CITY OF ST. MICHAEL By: Majr By: Clerk - . 1992. CITY OF ALBERTVILLE By:_____ Mayor By:_____ Clerk AMENDMENT TO OPERATING AND AUTHORIZATION AGREEMENT WHEREAS. the Cities of St. Michael, Albertville, and Hanover, and the Township of Frankfort, entered into a Joint Powers Agreement and subseouently adopted an Operating and Authorization Agreement which has been amended from time to time: and WHEREAS, the parties desire to amend said Operating and Authorization Agreement with regard to water rates and hook -on fees; NOW, THEREFORE, IT IS MUTUALLY AGREED that the Operating and Authorization Agreement dated December 13, 1977, be amended at Paragraph C(1) to read as follows: C1. Commencing May 1, 1978, a hook -on fee shall be collected for all water service connections that are in conjunction with a building permit in the water and sanitary sewer planning area designated by the Board' The equation of connection fees for multi -family, commercial^'andf industrial buildings will be related to "equivalent single family units" or standard equivalent connection (SEC's>. Connection fees for senior buildings will be calculated with a 25% deduction. Examples are shown below: 30 Unit Apartment Building with a Common Laundry Area 30 X 80% X 1,300.00 = $31,200.00 Senior Rate: 30 X 80% X 1,300.00 - 25% = $23,400.00 30 Unit Apartment Building with each unit having laundry facilities: 30 X 100% X 1,300.00 = $39,000.00 Senior Rate: 30 X 100% X 1,300.00 - 25% = $29,250.00 The hook-up fee shall be collected unless the property owner cannot make a service conn nnectio. Except as provided i(2) Of this subsection, all service connections shall be made subiect �o the hook-up fee. PASSED this day of .19 by the Hanover. Frankfort, St. Michael and Albertville Joint Powers Water Board. HANOVER . F RANK*FORT ST . M I CHAEL AND ALBERTVILLE JOINT POWERS WATER BOARD Chairman ATTEST: Secretary APPROVED BY: Dated: , 1992. CITY OF HANOVER By: Mayor By: Clerk Dated: , 1992. TOWNSHIP OF FRANKFORT By: Chairman By: Clerk Dated: , 1992. ` CITY OF ST. MICHAEL By: Mayor By: Clerk Dated: , 1992. CITY OF ALBERTVILLE By: Mayor p`'. Cler� MUTUAL AGREEMENT TO TERMINATE WATER TOWER LEASE THIS AGREEMENT is made this ... ....... _ day of , 1992, between the Hanover, Frankfort, St. Michael & Albertville Water & Sanitary Sewer Board, a Minnesota municipal joint powers entity, (hereinafter "Joint Board") and the City of Albertville, a Minnesota municipal corporation (hereinafter "City"). WHEREAS, on April 24, 1979, the Joint Board entered into an agreement, a copy of which is attached hereto as Exhibit A (hereinafter referred to as the "Lease"), to lease from the City, on attached exhibit A, (hereinafter referred to as the "Property"), the purpose of which was to use a municipal water tower located on the Property; and, WHEREAS, the Joint Board is contemplating construction of a new water tower at another location in the City of Albertville (hereinafter referred to as "New Tower") which, upon completion, will make the tower currently located on the Property obsolete and superfluous; and, WHEREAS, recognizing the benefit to both parties to be derived from termination of the Lease, the Joint Board and the Albertville City Council have approved the termination of the Lease. °. ~ NOW, THEREFORE,, for good and valuable consideration, the receipt of which the parties herby acknowledge, it is agreed as follows: 1. The Lease shall terminate thirty (30) days following completion of the New Tower, as determined by the Joint Board, ind the Joint Board shall relinquish all claims and shall return to the City, the Property, together with all rights and privileges attendant thereto. 2. Within six months following the completion of the new water tower, the Joint Board shall, at its expense and at no expense to the City, remove and dispose of the existing water tower and all other fixtures and equipment used by the Joint Board from the Property, including the following without limitation: tank tower, stand pipe, pipe to main water line, shed and equipment, footings, and restore to level grade, and shall hold the City harmless from, and indemnify the City against, any and all claims arising out of said removal and disposition. 3. Entire Agreement' This agreement contains the entire understanding of the parties. It may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF ALBERTVILLE HANOVER, FRANKFORT, ST. MICHAEL & ALBERTVILLE JOINT POWERS BOARD BY BY: ITS: MAYOR BY: ITS: ADMINISTRATOR Date: Date: Chairman APPROVED BY: CITY OF HANOVER BY Mayor Clerk TOWNSHIP OF FRANKFORT ABY: Chairman Clerk. CITY OF ST. MICHAEL BY: Mayor Date Clerk CITY OF ALBERTVILLE Mayer D a t e ............... Clerk. December 2, 1992 TO: City Council City of Albertville FROM: Dennis Fehn i hereby offer to remove the building from City Park which is known as the warming house, from the City limits of the City of Albertville and at no cost to the City. Dennis Fehn 205 Centennial Drive Buffalo, MN 55313 November 2, 1992 The City of Albertville, Sub.,ject_;,._ Cubsi_de... Recycl_ing... Program Phone 682-5638 1-800-732-0201 450 Households, every other Monday pick-up, average monthly tonnage in the past 10 months equals 8.7 tons. Items to be collected: Newsprint Glass: clear, brown, green. Tin Cans Plastics 1&2 in a pourable spout. Corrugated Cardboard Automobile batteries Cost Household $1.30 or $585.00/mo. If you have any questions please contact us. Thank you, Evergreen Recycling nc. Buffalo, Mn. 55313 1-600-732-0201 Printed on recycled paper WRIGHT RECYCLING P.J. Hanson, Owner P.O. Box 256 Rockford, MN 55373 (612) 477-5426 3 December 1992 City of Albertville Box 131 Albertville, MN 55301 Dear Council Members of the City of Albertville: Wright Recycling is very interested in servicing the City of Albertville with curbside recycling for the next coming years. Wright Recycling has been in business for about five years. We currently have three trucks and three trailers that run the routes. All are in good working condition. Another truck and trailer are available for backup when needed. All of the trucks are well marked with the company name and phone number. Wright Recycling currently is serving the communities around this area. They include: City of St. Michael, City of Hanover, Frankfort Township, Hassan Township, and City of Rogers. Along with those, we are also servicing City of Rockford, Victor Township, Corrina Township, Marysville Township, City of Greenfield, Franklin Township, Rockford Township, and Monticello Township. If you need references, please fell free to call any of these communities. We have an excellent track record that we will continue to keep. We would have very much liked to have attended the meeting on December 7 but we are going to Florida for our Honeymoon. There will be a representative from Wright Recycling at the meeting. Any additional questions that you have can be directed at the representative. Wright Recycling proposed bid will include the following: One Year Contract: $435.00 per month. Two Year Contract: $450.00 per month. We look forward to working with you. Sincerely, WRIGHT RECYCLING P . J . Hanson, Owner