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1993-03-15 CC Agenda/Packet• ALBERTVILLE CITY COUNCIL AGENDA March 15, 1993 I. CALL MEETING TO ORDER II, APPROVAL OF THE AGENDA III, APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * March 1, 1993 V. APPROVAL OF THE MINUTES * March 1, 1993 - Regular Meeting VI. COMMUNITY FORUM VII. DEPARTMENT BUSINESS A. MAINTENANCE - Quote on Cab for John Deer . - MPCA Report B. ENGINEERING - Project Updates 8:30 PM C. LEGAL - Close Meeting to Discuss Litigation D. PLANNING COMMISSION - Recommendation to approve ORDINANCE #1993-2, Shoreland Management Ordinance. - Recommendation that City Council direct Thore Meyer to meet with the Rodens and Voght to solve drainage problems. - Recommendation that City Council direct Thore Meyer to meet with Savitski to solve drainage problem. - Recommendation that City Council direct Linda to Provide Planning Commission with monthly budget recap, providing expenditure & revenue figures. E. ADMINISTRATION - Reconsider wage increases for City Employees - Appoint Personnel Committee * Financial Statement * Approve bills (check #'s 7294 - 7321) 10 * Approve Engineering Contract * Approve liquor permit for Jaycees - 3/21/93 at City Park 9:00 PM - Wally Boris, Jones Intercable • • VIII. OTHER BUSINESS - Schedule Work Session to Discuss Projects in Progress with new Councilmembers IX. ADJOURN March 9, 1993 Planning Commission - Regular Meeting March 15, 1993 City Council - Regular Meeting March 18, 1993 Park Board - Regular Meeting March 23, 1993 Planning Commission - Regular Meeting March 24, 1993 Joint Meeting with Otsego 7:30 PM Fire Contract ALBERTVILLE CITY COUNCIL March 15, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Sharon Anderson, Albert Barthel, John Vetsch, City Clerk Linda Houghton, City Attorney Mike Couri, City Engineer Thore Meyer, and Secretary Ann Culley. Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following under Community Forum: (1) Complaint regarding speeding on 51st St. - Wendi McDermeit and concerned residents. Mayor Potter further amended the agenda under administration to include a discussion regarding release of minutes only after approval of same. Berning made a motion to approve the agenda as amended. The .-� motion was seconded by Anderson. All voted aye. Anderson made a motion to approve the follow-up sheet for the March 1, 1993 meeting. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the minutes of the March 1, 1993, meeting as submitted. Barthel seconded the motion. All voted aye. Wendi McDermeit addressed the Council regarding the problems on 51st Street and requested that the Council consider placing two stop signs, one in either direction, on that street. She further stated that the hill created a dangerous blind spot. Houghton stated that she has contacted the Sheriff's Department and requested that they keep a close watch on that area. Potter stated that the problem with placing stop signs where McDermeit has requested is that there is not a cross street there. It is the consensus of the residents that the businesses in the Industrial Park contribute heavily to the excessive traffic on 50th Street. The Council directed Linda to contact the Sheriff's Department once again and also to contact the businesses in the Industrial Park and request that they post signs to their employees asking them to drive cautiously. ALBERTVILLE CITY COUNCIL March 15, 1993 Page 2 of 6 Thore Meyer was directed by the Council to check into what options are available to alleviate this problem. Speed bumps, 15 MPH speed limit, and flashing amber lights were some of the suggestions. Meyer will contact Wayne Fingalson, County Engineer, and find out who to contact with MNDOT to check into the matters of legality and liability. The residents stated their concern that, the blind spot created by the hill is a bigger problem than the speed limit is. The Council also directed Meyer to provide them with a topography map of 51st Street. The Council will contact Wendi McDermeit after they have explored the options. Ken Lindsay presented a quote for a used cab for the John Deer. The cost is $1500. Linda explained the Maintenance Department's proposal for future capital outlay to the Council (a copy of which is attached as a permanent record of the minutes). Lindsay further explained that the figures projected did not include any trade in value of the current equipment. He also stated that if the City continued to grow at its current rate, .-. another plow truck would be needed. Anderson made a motion to approve the purchase of the used cab for $1500 from the capital outlay fund of the Maintenance Department contingent upon Potter physically inspecting the cab. Barthel seconded the motion. Anderson, Barthel, Vetsch, and Potter voted aye. Berning voted nay. Potter brought up a continuing problem with the storm sewer on 60th Street, near Barthel Industrial Drive, freezing up every spring. Potter suggested placing 2" of Styrofoam and a layer of dirt on top of the pipe in that area to act as an insulator. Lindsay stated that there is an open catch basin there and that it could be dangerous. Lindsay recommended placing a beehive in that location after the sewer replacement project is completed. Meyer discussed a letter received from the Railroad regarding upgrading the railroad crossing on Main Avenue. The cost, which the railroad is not willing to share, would be $36,000+. It was the consensus of the Council that the City could not afford the expenditure at this time. Meyer stated that the MPCA had to date received three responses to their environmental assessment worksheet regarding the wastewater treatment expansion. The responses were from the Historical Society, the DNR, and the City of Otsego. He further stated that he and Attorney Radzwill will meet with the City of Otsego and try to settle any concerns and answer any questions they may have. Meyer said that Widmer has completed the first leg of the sewer line replacement and will not complete the remainder of the project until after Albertville Friendly City Days. ALBERTVILLE CITY COUNCIL March 15, 1993 Page 3 of 6 Potter mentioned that Meyer should check the manhole on the frontage road to the north of I-94 and see if it needs to be raised and sealed. Lindsay stated that he and Norm Gartner had already discussed this situation and that Gartner is looking into raising it. The Council next addressed the Planning Commission's recommendation to adopt Ordinance #1993-2, Shoreland Management Ordinance. Attorney Couri advised the Council that, should they decide to publish the ordinance summary as opposed to the entire ordinance, they will be required to post the entire ordinance in a place where it, is available for anyone to read. Couri stated that there would be no problem posting it in City Hall. He further stated that, after Council approval, the ordinance would have to be forwarded to the DNR for their final approval. Vetsch made a motion to approve RESOLUTION # 1993-7 adopting Ordinance #1993-2 entitled AN ORDINANCE AMENDING ORDINANCE NO. 1988-12 (LAND USE ZONING REGULATIONS) OF THE CITY of ALBERTVILLE, RELATING TO SHORELANDS AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH REGULATIONS. The motion was seconded by ^ Barthel. All voted aye. Barthel made a motion to approve the summary of Ordinance #1993-2 entitled AN ORDINANCE AMENDING ORDINANCE NO. 1988-12 (LAND USE ZONING REGULATIONS) OF THE CITY OF ALBERTVILLE, RELATING TO SHORELANDS AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH REGULATIONS. Anderson seconded the motion. All voted aye. City Attorney, Mike Couri, arrived at 8:30 PM. Berning made a motion to recess the public meeting at 8:37 PM and to enter a closed meeting to discuss settlement proposals and litigation strategy between the City and Douglas and Beatrice Psyk and John -George, Inc. regarding assessment appeals. The public meeting was reconvened at 9:28 PM. City Attorney, Mike Couri, left the meeting at 9:30 PM, Wally Boris of Jones Intercable presented the City with a check in the amount of $2, 068 . 21 , representing their 1992 franchise fee. Boris requested that Linda send copies of all new plats to them. He stated that Hardwood Ponds is scheduled for cable installation this summer. Boris was informed that Psyk's Fourth Addition on 54 1/2 Street and Lambert Avenue would like to be connected to cable. ALBERTVILLE CITY COUNCIL March 15, 1993 Page 4 of 6 The Council directed Meyer to meet with the Rodens, Voght, and the Wright County Engineer to try to facilitate the drainage problem on their properties on County Road 19. The Council directed Linda to contact the railroad once again regarding the drainage and culvert problems behind Andy Savitski's property. She has already written to them twice and called them once with regard to this matter. The Council directed Meyer to meet with Savitski and see what the City can do. Berning made a motion to direct, Linda to provide monthly budget reports, including revenue and expenditure figures to the Fire Department, the Planning Commission, and the Park Board. These reports are to be distributed by the 15th of each month. Anderson seconded the motion. All voted aye Wage Increases for Mike Rutkowski and Ann Culley was discussed by the Council. Linda stated that, she had met, with Barthel, .-. Anderson, and Vetsch to discuss the employee reviews. Linda stated that the current deficit would be approximately $7, 000 less than last year. She further proposed a 3.5% increase for Rutkowski and Culley. Said proposed increase would be .33/hour for Rutkowski and .30/hour for Culley. Vetsch stated that he can't justify an increase as the Council has other things to consider right now. Anderson stated she felt some type of compensation should be given but was not sure that much could be given at this time. Potter suggested a 2% increase for both of the employees. This would amount to .19/hour for Rutkowski and .18/hour for Culley. Linda questioned if the Council felt the increase should be retroactive to ,January 1, 1993. Anderson made a motion to grant a 2% increase to both Rutkowski and Culley, retroactive to January 1, 1993. Barthel seconded the motion. Anderson and Barthel voted aye. Berning and Vetsch voted nay. Potter cast the determining vote by signifying aye. The motion was carried. Linda stated that all of the City`s employees had met with Potter and Berning in order to address continuing problems due to lack of communication. It was the consensus of those meeting that a Personnel Committee be formed, said committee to consist of two Councilmembers and the City employees. The purpose of the Committee being to gain more insight and to promote better teamwork. The Committee would meet once a month. She further stated that in a memo directed to the Council, the City employees had requested that Barthel be appointed to this committee. Berning made a motion to appoint Barthel and Potter to the Personnel Committee. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL March 15, 1993 Page 5 of 6 Anderson stated that she would like the Committee meeting to be taped. She further requested that the City Council meetings be taped once again. Linda explained that the Council tapes would have to be retained for a period of 2 years, according to State Statute. None of the Councilmembers objected and it was decided that the meetings would be taped per Anderson's request. Anderson made a motion to approve the financial statement as submitted. Barthel seconded the motion. All voted aye. Anderson made a motion to approve payment of the bills, check #7294 -- #7321. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the Engineering Contract. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the application for a liquor permit from the Jaycees for City Park at March 21, 1993. Barthel seconded the motion. All voted aye. Potter suggested that the minutes of the Council and Planning Commission meetings not be released until after they have been approved in an effort to avoid inaccuracies in reporting. Berning stated that he felt that if minutes were provided within a day or two following a meeting the inaccuracies could probably be avoided. He further stated that he felt that if the minutes were not, released until after approval, many of the residents would not be informed of what took place for two weeks. Linda explained that many times it is not possible to transcribe the minutes that quickly due to the fact that many other City matters take priority. Berning made a motion that the City not release any minutes of its meetings until after they have been approved. Vetsch seconded the motion. All voted aye. Anderson requested that a work session be set up in order to update the newest Councilmembers with regard to the City projects currently in process. The Council directed Linda to schedule a work meeting on March 24, 1933, at 7:00 PM, immediately preceding the Council meeting with Otsego to discuss the fire contract. The Council further directed Linda to post notice of this meeting. Linda questioned if the Council wanted the thank you for those involved in the park shelter to be placed in the Wright County Journal Press and The Crow River News. The consensus of the Council was to place the thank you in The Crow River News only. ALBERTVILLE CITY COUNCIL March 15, 1993 Page 6 of 6 Judy Roden questioned Potter as to why he didn t go back to using The Crow River News as the official City newspaper. Potter stated that, he was looking for more objective journalism and indicated treat, he had called owner, Carol Larson., and she had not returned any of his calls, nor had she called anyone on the Council or at City Hall since the decision to change legal newspapers was made. Barthel made a motion to adjourn at 10:35 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Ann Culley, Sec tars ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS March 15, 1993 III. APPROVAL OF CONSENT AGENDA - Minutes of March 1, 1993 - Regular Meeting - Financial Statement - Approve bills (Check #'s 7294 - 7321) - Follow Up Sheet - March 1, 1993, Meeting - Approve Liquor Permit for Albertville Jaycees - Approve Engineering Contract FOLLOW UP SHEET March 1, 1993 Linda: Review sign ordinance and inform current violators of the ordinance's requirements. Linda: Proceed to develop Fair Housing requirements to comply with the Fraser Steel loan agreement. Meyer: Put together costs of a retaining wall in Barthel Manor Second Addition. Ken: Review Insurance Quote relating to lift stations. Council: Review Insurance Quote. Gartner: Write change order for second lift of blacktop for 3 blocks along 57th Street & Lander Ave. Linda: Contact League of MN Cities regarding Maintenance Dept. job descriptions and make recommendation to the Council. Linda: Check prices for plaques for former Council members and send letters and/or certificates of appreciation to outgoing P&Z Commissioners and Park Board members. Thore: Request Burlington Northern Railroad to upgrade their Main Avneue crossing after the sewer line has been replaced Linda: Contact School District to determine if they will consider participating in the cost of installing the transformer necessary to place street lights by each entrance to the new high school. Ann: Inform Planning & Zoning not to spend 3/9/93 further time or money researching Westwind PUD. Linda: Prepare list of all who donated money and/or 3/3/93 service to complete the park shelter and print public "thanks" in newspaper. CITY OF ALBERTVILLE March 1, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Sharon Anderson, Duane Berning, and John Vetsch, City Clerk Linda Houghton, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following under Administration: (1) Approve Resolution 1993-5 (2) Plaques for former Councilmembers (3) Void Check #7258 and issue Check #7286 in the amount of $145.37 (4) Discussion regarding the appointment of a liaison for the Administration and Maintenance Departments Anderson made a motion to amend the agenda by tabling discussion of wage increases for two employees until the March 15 meeting to allow the new City Council members to meet with Linda to review job performance reviews. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Berning made a motion to approve the Follow -Up Sheet from the February 16, 1993, meeting. Linda was directed to include the dates items are completed on future follow-up sheets. Vetsch seconded the motion. All voted aye. The minutes of the February 16, 1993, meeting were amended to read that Anderson made the motion to approve the consent agenda items and that the motion was seconded by Barthel. Berning made a motion to approve the minutes as amended. Vetsch seconded the motion. All voted aye. Bob Braun addressed the Council concerning his plans to develop the second addition of Hardwood Ponds. He requested information on how the wastewater treatment expansion planned affects his ability to get preliminary plat approval. The Council advised Braun that the proposed completion of the expansion is September or October of this year. Any preliminary plat approval would be contingent upon MPCA approvals. Ed Ostendorf asked the Council if the City has a snowmobile ordinance. The City does not have an ordinance governing snowmobiles at this time. Ostendorf believes the City should have an ordinance prohibiting snowmobile traffic on all but travelled roads. The Council asked Ostendorf to put his concerns into ALBERTVILLE CITY COUNCIL March 1, 1993 Page 2 of 3 written form, and the City may consider an ordinance if there is justification. Paul Ederer addressed the Council with a request that the City vacate the portion of 60th Street bordering the bank's property. Ederer showed the Council a preliminary site plan that the Planning and Zoning Commission had approved, contingent upon the vacation. He pointed out that the site plan has been altered allowing only one curb cut on the Large Avenue side, as recommended by the city engineer. Ederer also requested that the City consider vacating the alleyway between the bank's property and Eull's Auto Brite to allow bank customers to exit the drive thru area via the alley. Vetsch made a motion to set a public hearing to consider the vacation of that portion of 60th Street bordering the bank property and to consider the separate issue of vacation of a portion of the alleyway for 7:00 PM on Monday, April 5, 1993. Anderson seconded the motion. All voted aye. Berning made a motion to recess the public meeting at 8:40 PM and to enter a closed meeting to discuss pending litigation between the City and Douglas and Beatrice Psyk and John -George, Inc. regarding assessment appeals. Anderson seconded the motion. All voted aye. The public meeting was reconvened at 9:42 PM. Couri advised the Council that he is working on a legal opinion on the wastewater treatment facility property for the MPCA. No abstract for the property has been located at this time. Couri recommended that the Council consider having an appraiser look at the property types along 50th Street in order to determine how to assess those properties when 50th Street is improved. Couri suggested that the Council may wish to set up a special work meeting to discuss assessing 50th Street properties later in April or May. The Council directed Ann to inform that Planning and Zoning Commission not to spend further time or money researching the Westwind PUD. Councilman Vetsch recommended that the Council appoint one member to the Council to be the liaison for the Administrative and Maintenance Departments. Vetsch made a motion to adopt RESOLUTION 1993-5 appointing Mike Potter as the liaison for the City staff. Berning seconded the motion. All voted aye. The Council tabled approval of the engineering contract until the issue of ownership of documents is clarified. Discussion of the contract will be scheduled on the agenda for next meeting. The ALBERTVILLE CITY COUNCIL March 1,1993 Page 3 of 3 contract will also be amended to include the hourly rates charged for engineering services and to clarify termination of the agreement. The Council reviewed the proposed resolution establishing a charge for returned checks. City attorney Couri advised the Council that setting fees should be done by ordinance rather than resolution. Couri also recommended that the proposed resolution be amended by stating that the charge will be reviewed periodically and can be adjusted by resolution. Berning made a motion to adopt ORDINANCE 1993-3 entitled AN ORDINANCE ESTABLISHING CHARGE FOR RETURNED CHECKS amended as recommended by the city attorney. Anderson seconded the motion. All voted aye. Anderson reported that the Park Board is planning to hold an open house at the new park shelter on March 28, 1993, from 1:00 PM to 4:00 PM. Linda was directed to prepare a list of all persons or organizations who donated money or service to complete the park shelter and print a public "thanks" in the newspaper. Linda will attempt to get additional prices for plaques. Vetsch made a motion to adjourn at 10:06 PM. Anderson seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk SCHARBER & SONS 13725 MAIN STREET P.O. BOX 128 ROGERS, MN 55374 612-428-4107 P:,u UI PMETIT TR.ATo' LF.AMUHIP AT WON" AGENCY NAME: � A.Di0RSSS CITY/ ST: CONTACT: PHONE Y: PRICE ti TOTAL PRICE TOTAL TRADE �( TOTAT, YET PRICE DATF s r- z 0 0 z 0 \ y C I m cr W a MONTHLY OPERATION REPORT OF WASTEWATER TREATMENT FACILITY STABILIZATION PONDS TYPE OF POND (PRIMARY, SECONDARY, AERATED, ETC.) J ��� POND L ACR WEEK OF THE MONTH 1 st 2 nd 3 rd 4 th I . DATE OF TEST OR OBSERVATION y 9 2. ODOR ( YES OR NO ) 04b N J a ) 3. AQUATIC PLANTS (% OF COVERAGE, TYPE) O 0 O C1 4. FLOATING MATS (% OF COVERAGE, TYPE) 0 O 5. POND WATER DEPTH ( NEAREST INCH ) ;1.- 3 $ y Z- 6 . MUSKRATS, RODENTS ETC. ( YES OR NO O N C. N G N O 7. DIKE CONDITION ( EROSION ETC.) e 8. ICE COVER (% OF COVERAGE) OU GENERAL ANALYSIS — POND INFLUENT, EFFLI DATE 9 DAY OF 10 PRECIPITATION (INCHES) INFLUENT EFFLUENT D I S 11 FLOW (MGD) 12 SAMPLE TYPE 13 800 (mq/1) 14 T S S (mg/1) 15 FLOW (MGD) 16 TIME SAMPLED 17 BOD (mg/1) Is T S S (mg/1) F 19 2WEEK m 20 E 7 p t C uO � 21 D.O. ( 1 ,la 7 2 3 3 L-j O 4 j 0? 5 t, 17 6 e3 3 �). 7 e T .23 9 It 0 10 w -I- I 1 03 12 F 0 13 S i cu 1 14 T !) 15 i 6 'T' 23 17 o 18 U 19 r 0 20 S 21 $ J 22 23 02 24 25 26 F -a 27 S ods 28 29 30 s1 TOTAL MIN.REPORTED VALUE MIN. PERMIT CONDITION AVG. REPORTED VALUE p �� AVG. PERMIT CONDITION MAX. REPORTED VALUE MAX. PERMIT CONDITION ><� REPORTED FREQUENCY OF ANALYSIS PERMIT CONDITION FREQUENCY OF ANALYSIS C �� REPORTED SAMPLE TYPE PERMIT CONDITION SAMPLE TYPE }� MPCA FORM 704 PQ-00029-01 PLANNING & ZONING COMMISSION MARCH 9, 1993 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: LeRoy Berning, Howard Larson, Roger Johnson, Albert Barthel, alternate Jan Heikes, and Secretary Ann Culley. ABSENT: Donatus Vetsch Chairman Berning called the meeting to order at 7:05 PM. Johnson made a motion to approve the agenda. Barthel seconded the motion. All voted aye. The minutes of the February 23, 1993, meeting were A motion was made by Larson to approve the minutes of the February 23, 1993, meeting as submitted. Johnson seconded the motion. All voted aye. Berning opened the public hearing regarding the proposed Shoreland Management Ordinance, #1993-2. There were no questions, nor was there any discussion from the attendees. Berning closed the public hearing. Larson made a motion to recommend that the Council approve ORDINANCE #1993-2, SHORELAND MANAGEMENT OVERLAY DISTRICT as submitted to the Planning Commission in its final draft. Heikes seconded the motion. All voted aye. Berning opened discussion with regard to the proposed Business/Warehouse District and the proposed facade requirement as it relates to metal buildings. Berning showed the property owners who were present exactly what I-1 and B-3 areas were under discussion for the possible location of the B/W district (a map indicating same is attached as a permanent part of the minutes). Berning further explained that the purpose of the facade requirement was to enhance the property value and to maintain the integrity of the area. He also explained that the purpose of the B/W district was to provide more flexibility in the current building standards. John Darkenwald, of John -George, Inc., stated that he feels that like businesses should be kept in the same areas and that the B/W district should be restricted to a small area. Barthel stated that the bus garage and the mini -storage facility are examples of the proposed B/W district's intent to recognize the need for that type of building and the intent to keep like businesses in the same area. PLANNING COMMISSION - 2/23/93 Page 2 Russ Voght of Otsego Tool stated that he felt the City should designate the location of the B/W district as somewhere off the main stream of the City and that he was certainly in favor of promoting higher building standards. Wally Odell of John -George, Inc. questioned if industrial use would be permitted in a B/W district. Berning replied, "No". Berning further explained that the current use of the areas in question would not change, only the building -type requirements, and that the proposed changes would apply to metal buildings only. Judy Roden questioned what the City's future plans are for their area. Berning replied that he was unsure at this point. It is currently zoned A-1 and the future use would have to be addressed if and when the Rodens decided to sell their property. John Darkenwald stated that the reasoning behind a Planned Unit Development such as theirs was to provide flexibility in that area. He stated that he has no problem with the proposed facade requirements on metal buildings. Doug Psyk stated that neither he nor Bob Heuring were aware that a portion of their property was zoned B-3. They were under the impression that their property was zoned for residential use. Psyk further questioned if the property owners were noticed or consulted regarding the zoning change in the past. Berning stated that, although he was not on the Planning Commission at the time, he felt certain that the notice of the public hearing had been published. Psyk further stated that he felt that the proposed B/W district should not be located on County Road 19. Russ Voght stated that he felt it important that the City keep 660' all along Co. Rd. 19 as a base line and not allow the B/W district to locate there. Berning stated that he felt the consensus of those in attendance was that there should be facade requirements on metal buildings, but that although the people felt a need for a B/W district, they were currently uncertain as to where that district should be located. The attendees indicated their agreement with that statement. Berning then stated that the City could make a text amendment to the ordinance creating a B/W and an I-1A district, but not necessarily locating those districts at this point in time. Berning stated that he felt it important to hold a public hearing regarding the possible I-1A district since it had been omitted from the public hearing notice for the B/W district. The I-lA district in question is located in the area to the northwest of School Lake and is currently zoned I-1. Berning made a motion to schedule a public hearing regarding the possible creation of an I-lA district. Larson seconded the motion and all voted aye. PLANNING COMMISSION - 3/9/93 Page 3 Russ Voght addressed the Commission regarding the drainage problem on the properties located on County Road 19 which are owned by both Bernard Roden and Voght. He stated that he has tried on a number of occasions to get the City or the County to take some action, but has had no success. He stated that the ditch has been filled in front of the Ackerman property and that two culverts have evidently been filled also, thus adding to the drainage problem. Berning made a motion to recommend that the City Council direct Thore Meyer to meet with the Rodens and Voght to address the drainage problem on Voght's property and to solve the problem. The motion was seconded by Johnson. All voted aye. Berning made a motion to recommend that the City Council direct Thore Meyer to address the drainage problem behind Andy Savitski's property and to find a timely solution to that problem. The motion was seconded by Johnson. All voted aye. Wally Odell stated that he would like to clarify the misinformation continually coming from the City Attorneys office regarding a signed Developer's Agreement on their P.U.D. He stated that the agreement was signed on April 27, 1988 and recorded with the County 5 days later. He stated that he would provide the recording information to Ann. Darkenwald stated that he would provide signed copies of that agreement to the Commission. Berning made a recommendation that all Planning Commission and Councilmembers be provided copies of the agreement which will be provided by Darkenwald. Johnson seconded the motion. All voted aye. Larson made a motion to recommend that the Council direct Linda to provide the Planning Commission with monthly budget recap which provides expenditure and revenue figures. Barthel seconded the motion. All voted aye. The Commission directed Ann to have Licht include wording in the facade requirement ordinance stating that all metal buildings with any wall or walls facing a street must have a minimum of 25% coverage on that wall. Heikes made a motion to adjourn the meeting at 9:29 PM. The motion was seconded by Larson. All voted aye. Ann Culley, Secretary William S. Radzwill Andrew J. MacArthur Michael C. Couri Stanley A. Ellison RADZWILL LAW OFFICE Attorneys at Law 705 Central Avenue East P. O. Box 369 Saint Michael, Minnesota 55376 (612) 497-1930 (612) 497-2599 (FAX) March 3, 1993 Ms. Linda Houghton City Clerk Albertville City Hall 5964 Main Ave. N.E. P.O. Box 131 Albertville, MN 55301 Re: Shoreland Management Ordinance. Dear Linda: Mei J. Dallman, Admin. Assistant John DeLaundreau, Financial Analyst Kristina DeLaundreau, Accounts Receivable Donna J. Matson, Receptionist/Clerk Please find enclosed a copy of the proposed Shoreland Management Ordinance structured in amendment form to the Albertville Zoning Ordinance. The effect of amendment is to replace the existing section 4900 material with the new shoreland provisions, expand the existing definition of "shoreland" (section 200.2 (155) to encompass those definitions applying to shorelands, and modify existing definitions in the zoning ordinance to reflect their application to the shoreland districts. It is my understanding that a public hearing has been set for March 9, 1993 by the Planning and Zoning Commission for consideration of this ordinance. If approved by P&Z on that date, the Council should consider the matter at its next meeting, March 22, 1993, as passage by March 31, 1993 is required if the City wishes to remain eligible for the matching grant from the DNR relating to the expense of implementing this ordinance. A copy of the proposed ordinance has been sent to DNR. While DNR has looked at the ordinance, they have not yet given their approval. I expect preliminary approval from DNR before the March 9th public hearing. Once passed by the Council, the Commissioner of the DNR will again review the ordinance and should approve it, based on the preliminary recommendation. I have also included a summary of the ordinance for publication and review by the Council. The summary must be passed Ms. Linda Houghton March 3, 1993 Page Two by motion separate from the ordinance by the City Council on a 4/5ths vote. The Council must make a determination that publication of the title of the ordinance and a summary would clearly inform the public of the intent and effect of the ordinance. The published summary must be in a body -type no smaller than brevier or 8-point type (confirm this with the Wright County Journal Press prior to publication). The City must post a copy of the entire summary for public review in the "community library", or, if there is no community library, in any other public location the council designates. I would also recommend that the City temporarily keep a copy of the ordinance at the front desk for review by the public once the summary is published. If you have any questions regarding this matter, please feel free to contact me. Sincerely, Michael C. Couri RADZWILL LAW OFFICE Enclosure. cc: Bob Kirmis CITY OF ALBERTVILLE AN ORDINANCE AMENDING ORDINANCE NO. 1988-12 (LAND USE ZONING REGULATIONS) OF THE CITY OF ALBERTVILLE, RELATING TO SHORELANDS AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH REGULATIONS. The following is a summary of the amendment to the Albertville Zoning Ordinance relating to Shorelands, said amendment passed by the City Council of the City of Albertville on , 1993. The full text of the ordinance is available for inspection during regular office hours at the office of the City Clerk in the Albertville City Hall. Section 1. The existing text of Sections 4900.1 through 4900.14 is deleted in its entirety. Section 2. Section 4900.0 is hereby amended to add the following: SECTION 4901.0 STATUTORY AUTHORIZATION AND POLICY Provides authorization to implement shoreland ordinance by statute and defines the purpose of this ordinance. SECTION 4902.0 GENERAL PROVISIONS/DEFINITIONS Defines jurisdiction, compliance, enforcement criteria, interpretation, severability, abrogation and restrictions to be imposed. SECTION 4903.0 ADMINISTRATION Defines permit requirements, certification of zoning compliance, procedure for obtaining a variance from the Board of Adjustment, and notification to the Minnesota Department of Natural Resources when affected property is located with the shoreland district. SECTION 4904.0 SHORELAND CLASSIFICATION SYSTEM/LAND USE DISTRICTS Specifies classification of all lakes within the jurisdiction of the City of Albertville, designates applicability of shoreland ordinance to those lands located within 1000 feet from the ordinary high water level of a lake, pond or flowage, specifies the boundaries for shoreland overlay districts S-1 and S-2, and classifies all commercial, industrial, public/semipublic, agricultural, extractive uses and mining of metallic minerals and peat as conditional uses if located within shoreland boundaries. SECTION 4905.0 ZONING & WATER SUPPLY/SANITARY PROVISIONS 4905.1 Defines lot area and width standards for single, duplex, triplex and quad residential lots created after enactment of this ordinance for sewered and unsewered lakes, as well as placement of structures, and design criteria; requires residential subdivisions with dwelling unit densities exceeding those specified in this ordinance to be designed and approved as residential planned unit developments, and specifies requirements for subdivisions of duplexes, triplexes, and quads. 4905.2 Provides minimum setbacks for structures and sewage treatment systems, design criteria for structures, design criteria for stairways, lifts and landings, and limits the height of structures in residential districts. 4905.3 Regulates alteration of vegetation and topography and grading and filling of shorelands. 4905.4 Regulates placement and design of roads, driveways and parking areas. 4905.5 Provides general and specific standards for storm -water management. 4906.6 Provides special standards and specifications for the following uses: public/semipublic, agricultural, metallic minerals and peat. commercial, industrial, extractive and mining of 4905.7 Provides for conditional uses within shoreland areas subject to review and approval with certain criteria and conditions attached. 4905.8 Requires any public or private water supply and sewage treatment to meet or exceed standards set forth by the Minnesota Pollution Control Agency and the Minnesota Department of Health, and provides standards for sewage treatment systems in any premises used for human occupancy. SECTION 4906.0 NONCONFORMITIES All legally established nonconforming uses prior to the date of this ordinance may continue, but will be managed according to applicable State statutes and other regulations. 2 4906.1 Regulates construction on nonconforming lots of record. 4906.2 Requires all additions or expansions to the outside dimensions of an existing nonconforming structure to meet requirements of this ordinance. 4906.3 Identifies and sets forth provisions for nonconforming sewage treatment systems. SECTION 4907.0 SUBDIVISION/PLATTING PROVISIONS 4907.11-4907.16 Requires each lot created through subdivision to be suitable in its natural state for the proposed use with minimal alteration, to comply with all official controls of the City, sets requirements for information to be provided to the City, and sets standards for platting, dedications and controlled access and recreational lots. SECTION 4908.0 PLANNED UNIT DEVELOPMENTS (PUD'S) 4908.1 Planned unit developments are permitted for new projects on undeveloped land, redevelopment of previous building sites, or conversions of existing buildings. 4908.2 Requires planned unit developments to be processed as a conditional use subject to any applicable environmental review process. 4908.3 Specifies documents required prior to final action being taken on a PUD application request. 4908.4 Establishes procedures and standards applicable to site evaluation of dwelling unit/dwelling site density evaluation. 4908.5 Provides for procedures in determining base density of planned unit developments and density increase multipliers. 4908.6 Specifies maintenance and design criteria and administration requirements for planned unit developments. 4908.7 Addresses specific conversions from existing resorts or other land uses to residential planned unit developments if specific standards are met. Section 3. The text of Section 200.2 (14) is deleted and 9 said section is designated as "Reserved." Section 4. The text of Section 200.2 (19) is amended to reflect building line setback requirements within shoreland districts. Section S. The text of Section 200.2 (53) is amended to reflect the definition of "Dwelling Unit" within shoreland districts. Section 6. The text of Section 200.2 (117) is deleted and said section is designated as "Reserved." Section 7. The text of Section 200.2 (142) is deleted and said section is designated as "Reserved." Section 8. The text of Section 200.2 (153) is amended to reflect setback requirements within shoreland districts. Section 9. The text of Section 200.2 (155) is amended to define additional terms related to shorelands, such terms denoted as subsection (A) to subsection (RR). Section 10. This Ordinance shall take effect and be in full force from and after its passage and publication of it or an approved summary. Passed by the City Council of the City of Albertville, this day of , 1993. Attest: Linda Houghton, City Clerk Michael Potter, Mayor 4 M E M 0 TO: ALBERTVILLE CITY COUNCIL FROM: KEN LINDSAY MIKE RUTKOWSKI ANN CULLEY DATE: MARCH 11, 1993 RE: POSSIBLE FORMATION OF PERSONNEL COMMITTEE With regard to the possible formation of a personnel committee, which we understand would have two Council members, we respectfully request that the Council appoint Albert Barthel. .� CITY OF ALBERTVILLE FINANCIAL STATEMENT February 25 - March 11, 1993 Beginning Cash Balance February 25, 1993 $297,411.84 INCOME (Feb. 25 - Mar. 11) Beer License 10.00 Building Permits 2,077.20 Bond Payment (Clinic) 35,241.08 Donations Park Spring Fling 382.73 Loan Repayment (Fraser) 585.27 Reimbursement/Overpayment 135.88 Sewer Penalties 159.32 Sewer Receipts 1,793.97 Sign Permits 1,260.00 Storm Water Penalties 32.39 Storm Water Receipts 250.26 Title Search 100.00 Variance Application 315.00 Water Fee (Pay to JPB) 217.54 TOTAL INCOME 42,560.64 EXPENSES (Feb. 25 - Mar. 11) Check Vs 7247-7286 (Ch #7258 Void) (Approved 3/l/93) 22,769.21 PAYROLL 2/24 - 3/9 Check # 7287 - Ann 486.31 Check # 7288 - Linda 784.58 Check # 7289 - Ken 715.45 Check # 7290 - Mike 574.44 PAYROLL TAXES Check # 7291 - State 887.52 Check # 7292 - PERA 329.95 Check # 7293 - Fed. 2,073.94 TOTAL EXPENSES 28,621.40 Ending Cash Balance March 11, 1993 $311,351.08 INVESTMENTS: CD #8823 - matures 4/19/93 @ 3.25% CD #8222 (Lions) - matures 4/19/93 @ 2.80% CD #8807 - matures 3/3/93 @ 3.5% CD #8925 - matures 6/2/93 @ 2.9% CD #8579 - matures 6/29/93 @ 3.05 Piper-Jaffray Investments TOTAL INVESTMENTS 560,878.03 30,811.98 350,000.00 107,514.67 157,189.40 455,324.13 $1,661,718.21 CITY OF ALBERTVILLE BILLS TO BE PAID March 1, 1993 Check No. Rea_ki 7294 AT & T Tele. Maint. 69.84 7295 Albertville Auto Parts St Rp/Maint 93.17 Shop Suppl. 118.52 211.69 7296 Albertville Bar Refund Park Rent 125.00 7297 Am. National Bank 1988 GO Bond 228.19 7298 Biff's Inc. City Park Refuse 71.26 7299 Chouinard Ofc. Prod. File Cabinet Keys 5.00 7300 Culley, Ann Mileage Seminar 15.75 7301 DJ's Park Shelter Suppl. 153.34 7302 Dons Auto Service F.D. - Gas 124.97 �-. Sts. - Gas 14.48 139.45 7303 Dennis Fehn Gravel Haul Sand/Salt 160.00 7304 Gopher State Feb. Locates 5.00 7305 Health One 10-1st Responder Trng 270.00 7306 Joint Powers Board Special Assmt. Reimb. 217.54 7307 LaPlant Sanitation Feb 1 - Mar 1 Srvc. 83.60 7308 Meyer Rohlin 1991-2 Oct-Feb.2,050.75 Gen. Jan & Feb. 717.75 2,768.50 7309 Minnegasco Park Shelter 143.03 7310 NSP Christmas Lites 75.10 7311 Northern Marker Kit -Plow 17.03 7312 NW Assoc. Consultants Feb. Services 1,031.26 7313 P.E.R.A. Life Ins. Ann & Linda 24.00 7314 Par's. 66 Sts. - Gas 5.71 Park - Gas 1-6.26 21.97 7315 City of Rockford Sand & Salt 180.00 7316 Simonson Lumber Co. C.H. Rpr. 4.21 F.D. Shelves 136.43 140.64 7317 Southam Business Comm. WWTF Advt. 366.30 7318 United Telephone Feb. 262.40 7319 Wright County J.Press WWTF Advt. 160.59 Subscription 20.00 180.59 7320 Wright Recycling Feb. 435.00 7321 Zachman, Kevin Frozen Pipes -Temp. 10.39 7322 Minnegasco C.H. 283.96 TOTAL $7,695.83 PROPOSEE> FUTURE CAP I TAL. OUTLAY MAINTENANCE DEPARTMENT PROJECTED NEEDS Purchase Projected Number Lease/ Pmxzl Year Equipment Cost of Years Payment Budget 1994 Tractor/Loader $30,000 10 yrs. $3,300 $6,300 1994 Mower $18,000 10 yrs. $1,500 $3,500 1995 Plow Truck $20,000 3 yrs. $7,000 1997 Plow Truck $20,000 7 yrs. $4,000 1998 Pickup $25,000 5 yrs. $2,750 Miscellaneous Equipment $2,000 TOTAL ANNUAL CAPITAL OUTLAY BUDGET $25,550 1993 CAPITAL OUTLAY MAINTENANCE DEPARTMENT PROPOSAL 1993 Budgeted Capital Outlay/Equipment $12,500 1993 Expenditures (Back Blades) (1,300) Remaining Capital Outlay $11,200 Reserved Capital Outlay for 1993 Tractor/Loader $3,300 Mower $3,000 Pickup 2 750 Proposed Unreserved $2,150 Cab for John Deere (Purchase in 1993) 1 500 Balance in Capital Outlay $ 650 THIS FORM MUST BE TURNED INTO CITY HALL BY 5:00 PM THE WEDNESDAY BEFORE THE SCHEDULED CITY COUNCIL MEETING. REQUEST TO BE SCHEDULED ON AGENDA ALBERTVILLE CITY COUNCIL MEETING DATE OF MEETING: 1C.t C c-� ) NAME: l�nd DEPARTMENT/ADDRESS : } S3 S 5 1S /lJ• �, �- 1J� / �e /ram, S53oi BUSINESS TO BE ADDRESSED BY CITY COUNCIL: (4)ha- cc-nS/S maybe p u �- pc�� 1{ hG 1 �- Or co- i-of �of ); ) ` }-lhru Oe ct end toad �oy �-C( end c),F q SQc,.s a ns ACTION REQUESTED OF COUNCIL: ; n-mmed .14ed ba;ore ct clew-h p r,)r,,p 5 4 c, 14en l � SIGNED: CONTRACT FOR ENGINEERING SERVICE THIS AGREEMENT, made and entered into this day of 1993, by and between the City of Albertville, Minnesota, a municipal corporation, incorporated under the laws of the State of Minnesota, hereinafter sometimes called the "Municipality" and Meyer-Rohlin, Inc., Engineers and Land Surveyors, hereinafter called the "Engineer". WITNESSETH: A. The Municipality desires to engage competent engineering services in the two following capacities in connection with improvements for the Municipality. 1. As a Consulting Engineer to the City for definite proposed improvement projects. 2. As a resident City Engineer to assist the City forces in routine City engineering problems. B. The Engineer desires to perform engineering services for the Municipality as needed. C. The parties hereto desire that the fees to be paid for such services shall be stated in this Agreement and be binding upon the parties for all engineering work done. NOW, THEREFORE, in consideration of the mutual and reciprocal promises stated herein, the parties agree as follows: I. The Engineer agrees to perform the following engineering services for the Project: A. General: The Engineer shall serve as the Municipality's professional representative in the planning and the supervision of construction of the Project, and shall give consultation and advise to the Municipality during the performance of these services. 1. Copyright or Patent Infringement: The Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by him, and he shall hold harmless the Municipality from loss or damage resulting therefrom; providing, however, that the Owner within five (5) days after receipt of any notice of infringement or of summons in any 1 action therefore shall have forwarded the same to the Engineer in writing. 2. Insurance: The Engineer shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation Acts and from claims for bodily injury, death, property damage, and errors and omissions which may arise from the performance of his services under this Agreement. Certificates of insurance coverage will be provided to the City. B. As Consulting Engineer 1. Basic Services of the Engineer: (a) Preparation of Preliminary Plans, Survey, and Feasibility Report: The Engineer shall supervise the making of all required sub -surface explorations and shall make the engineering surveys and investigations of the area and the proposed improvement necessary to prepare preliminary plans and report, including estimates of: Construction cost, assessable footage or area, and the estimated front foot or area assessment rate. The Engineers shall also assist the Council in preparing data, making presentations at public hearings and representations to the various government agencies for Federal assistance. (b) Preparation of Working Drawings and Specifications: From the approved preliminaries, the Engineer shall prepare working drawings, specifications, and other Contract Documents completely describing the material and workmanship required and procedures to be followed for the construction of the Project, and he shall adjust the preliminary construction cost estimate to include changes in the scope of the Project, the Municipality's requirements and market conditions. The Engineer will obtain approval of the plans and specifications from the Minnesota State Board of Health and Pollution Control Agency, if so required. The Engineer will assist the Council in preparation for advertisement for bids and general contract conditions, and will furnish all necessary drawings and copies of contract documents to prospective bidders. Tabulation of bids will be made by the Engineer, and the Engineer will advise and assist in the awarding of the contracts. (c) Supervision of Construction: The Engineer will furnish the necessary general supervision of the construction to check the Contractor's work for general compliance with the drawings and specifications and shall endeavor to protect the Municipality against defects and deficiencies in the work of the Contractor, but cannot guarantee the Contractor's performance. The Engineer's general supervision shall not include furnishing part or full time inspection, but shall include the following services: (1) Additional Instructions: The Engineer shall issue such additional instructions to the Contractor as may be necessary to interpret the drawings and specifications or to illustrate changes required in the Contractor's work. (2) Contractor's Submittals: The Engineer shall check shop drawings, samples, equipment, approval data and other data submitted by the Contractor for compliance with the drawings and specifications. (3) Contractor's Requests for Payment: The Engineer shall act upon the Contractor's requests for payment in accordance with the provisions of the General Conditions of the Contract. (4) Visits to Site: The Engineer shall make periodic inspections at the site to check the Contractor's work for general compliance with the Contract Documents and to determine the extent of work completed for checking of Contractor's requests for payment. (5) Special Performance Tests: The Engineer shall prepare completion lists when 85% completion of the Project is claimed by the Contractor and again when 100% completion is claimed. When the Contractor shall have completed the work in accordance with the terms of the Contract Documents, the Engineer shall certify his acceptance to the Owner and his approval of the Contractor's final request for payment. (7) Instructions to the Municipality: The Engineer shall arrange for detailed instructions by the Contractor and manufacturer's representatives to the Municipality or his delegated representative in the proper operation and maintenance of the equipment furnished and installed for the Project. (8) Record Drawings: The Engineer shall prepare record drawings showing changes in the work authorized during construction and shall submit a set of reproducibles to the Municipality. (d) Construction Staking, Inspection., and Testing: The Engineer will furnish grade and alignment stakes for construction and taking measurements for final job estimates. The Engineer will furnish part or full time inspectors, dependent upon the needs of the project, or if the Council desires to retain a separate resident inspector or inspectors for such work, the Engineer will supervise and assist the inspector as part of the services provided in paragraph three above. (e) Assessment Roll Preparation: Provide all the clerical work and mathematical computations for the complete preparation and certification to the County Auditor for the 3 assessment roll. 2. Extra Services of the Engineer: Extra services shall include the following when authorized in writing by the Municipality: (a) Contract Documents: Revisions to drawings and/or specifications previously approved and preparation of Contract Documents for alternate proposals and change orders. (b) During Construction Services: Resident supervision of construction of the Project; supervising the replacement of all or such parts of the Project as may be damaged by fire or other causes during construction; assisting the Municipality in arranging for continuation of the work should the Contractor default for any reason; and providing supervision of construction over an extended period should the construction contract time be exceeded by more than 25% not occasioned by fault of the Engineer. (c) Inspection Prior to Expiration of the guaranty Period of the Project and preparation of a written report listing discrepancies between guaranties and performance. 3. Reimbursable Services of the Engineer: Reimbursable services shall include the following items when authorized in writing by the Municipality: Transportation and subsistence of principals and employees on special trip to the Project or to other locations; long distance telephone and telegraph calls as required to expedite the work of the Contractor; reproduction of drawings and specifications in addition to those specified in Article l.b. (2) of this Agreement; and work of special consultants when required by the complex nature of the Project. C. As City Engineer: 1. The Engineer will perform the various miscellaneous City engineering duties not included in the specific projects as covered in paragraph "I-B". These services shall include, but shall not be limited to, being present, or having a qualified representative present, at regular and/or special council meetings when requested by the City Clerk or Mayor, being present, or having a qualified representative present at Planning Commission meetings when requested by the City Clerk or Chairman of the Planning Commission; making the necessary surveys, studies and reports, and meeting with the necessary governmental agencies as may be directed by the City Clerk or Mayor. The Engineer shall furnish all necessary engineering, surveying, drafting, and inspection personnel needed to fulfill the required work. II. The Municipality agrees to provide the Engineer with :d complete information concerning the requirements of the Project and to perform the following services: A. Access to the Work: The Municipality shall guarantee access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform such work as surveys and inspection in the development of the Project. B. Consideration of the Engineer's Work: The Municipality shall give thorough consideration to all reports, sketches, estimates, drawings, specifications, proposals, and other documents presented by the Engineer and shall inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. C. Legal Requirements: The Municipality shall hold promptly all required special meetings, serve all required public and private notices, receive and act upon all protests and fulfill all requirements necessary in the development of the Project, and pay all costs incident thereto. D. Proposals: The Municipality shall advertise for Proposals from Bidders, open the Proposals at the appointed time and place and pay all costs incident thereto. E. Standards: The Municipality shall furnish the Engineer with a copy of any design and construction standards he shall require the Engineer to follow in the preparation of Contract Documents for the Project. III. The Municipality's Payments to the Engineer: A. General: 1. Definitions of Construction Cost of the Project, as herein referred to, means the total cost of all work designed or specified by the Engineer, but does not include any payments to the Engineer of other consultants. 2. Payment Withheld From Contractors: No deduction shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other amounts withheld from payments to Contractors. 3. Abandoned or Suspended Work: If any work performed by the Engineer is abandoned or suspended in whole or in part, the Engineer shall be paid for services performed on account of it prior to receipt or written notice from the Municipality if such abandonment or suspension, together with any terminal expense resulting therefrom, and including a reasonable profit. 5 B. Payments for Basic Services of the Engineer: For the various categories of the work performed, as described in Article I.B.1.b, the Engineer shall be paid in accordance with the following fee schedule: Projects less than $10,000 - office cost times 2.75 Projects $10,000 to $25,000 10.0% Projects $25,000 to $50,000 9.0% Projects $50,000 to $100,000 8.0% Projects $100,000 to $250,000 7.0% Projects over $250,000 6.5% Principal - Engineer: Principal - Surveyor: Engineer I: Engineer Aide/Inspector: Surveyor Aide: Draftsman: 2-Man Crew: $24.04/hour $24.04/hour $21.63/hour $13.50-19.23/hour $16.00/hour $13.10-18.00/hour $22.00-26.80/hour Secretarial: Not billed, part of multiplier Printing, mileage, telephone: Not billed, part of multiplier The 2.75 multiplier applies to all staff personnel. In the event of uncompleted projects, the fee shall be divided as follows: 1. For work done under Article I.B.1.b above, the Engineer shall be paid 100% of the fee based on the above schedule, and the Engineer's estimate of project cost. 2. If the improvement is completed, the total engineering fees (including payment already made under paragraph one of this section) for all work and services to be performed under Article I.B.1.b above, shall be an amount as stated in the above listed schedule based on the total final construction cost of the improvement. 3. Charges for work listed in Article I.B.1.(a,c, and d) shall be for time actually expended by the engineering and technical staff. Per diem rates shall be computed at 2.75 times the hourly salary rate of each individual member of the engineering staff, full and part-time inspectors, and members of the staking crew. 4. Fees for the preparation of the assessment roll as per Article I.B.1.c shall be an amount equal to one percent (1%) of the total project cost. C. Payments for Extra Services of the Engineer: For Extra Services defined in Article 1.B.2 the Municipality shall pay the Engineer on an hourly basis. The rate being the salaries of all A such personnel times a multiplier of 2.75. D. Payment for Engineer's Reimbursement Services: The Engineer shall be reimbursed at cost for the reimbursable services outlined under Article I.B.3. E. Payment for City Engineer services: For all work done in the capacity of City Engineer, the reimbursement shall be on an hourly rate basis. The rate being the salaries of each individual member of the engineering staff times a 2.75 multiplier. IV. The Municipality and Engineer further agree to the following conditions: A. Termination: This agreement can be renewed annually by Council appointment. The term of the appointment will extend from January 1 through December 31. This Agreement may be terminated by either party by thirty (30) days written notice for any reason. If terminated due to the fault of other than the Engineer, the Engineer shall be paid for services performed to the date of termination, including reimbursements then due. B. Arbitration: Arbitration of all questions in dispute under this Agreement shall be at the choice of either party and shall be in accordance with the rules of the American Arbitration Association. This Agreement shall be specifically enforceable under the prevailing arbitration law and judgement upon the award rendered may be entered in the court of the forum, state or federal, having jurisdiction. The decision of the arbitrators shall be a condition precedent to the right of legal action. Meyer-Rohlin, Inc. agrees that it will not enter into any private engineering agreements during its appointment as Albertville City Engineer, where such agreement(s) may create a potential conflict of interest, unless the circumstances are fully disclosed to, and agreed to, by all interested parties. V. Successors and Assigns: This Agreement and all of the covenants hereof shall insure to the benefit of and be binding upon the Municipality and the Engineer respectively and his partner, successors, assigns, and legal representatives. Neither the Municipality nor the Engineer shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. Nothing in this contract or the City"s acceptance shall be deemed to preclude the opportunity of the City to retain and appoint an engineering firm other than Meyer-Rohlin, Inc. to represent the City. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly constituted and appointed officers and their seals to be affixed as of the day and year first above stated. ATTEST: Linda Houghton, City Clerk CITY OF ALBERTVILLE, MN Michael Potter, Mayor MEYER-ROHLIN, INC. Thore Meyer, Professional Engineer NOTE: Approved by Council Resolution this day of 1993. 8 APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE The undersign, certifies that it co mplies with the Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that Section, and that this application makes petition for a limited license as a "Bona Fide Club" for a limited non -intoxicating malt liquor license. 1. Name of Applicant: At- 3'-"L/ C 2. Name and Address/ of President and Secretary of Applicant: _ Jac—Yz�C7 3. Purpose for which funds derived will be used:'�.t 4. Date of activities for which license is requested: 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: C' I Tt-1 Pam-/L b. Hours of operation on the date for which limited license is requested: 7. Number of previous license obtained this calendar year: B. Name, address, telephone number and positidn held with Club of person signing this -application: -2Yt-43 1 t NOTE: License fee of $10.00 per day is required to accompany this application. NOTE: Applicant must appear in person before the City Council for approval of limited license. DATED: :;;L /--;- 7�, ` Signature of AppZicant(s) 08/19/91 Frankfort Township March 3, 1993 City of Albertville 5946 Main Avenue N.E. P.O. Box 131 Albertville, MN 55301 RE: Emergency Responses for Non-residents in Frankfort Township To Whom It May Concern: It has been brought to the attention of the Frankfort Township Board of Supervisors, that a large percent of emergency responses are non-residents of Frankfort Township. In February, the Supervisors discussed the possibility of charging the above stated reference a $300.00 fee to be billed through the responding fire department. It was decided to have the department to bill the involved party(ies) only once. It is to our understanding that it can't be a mandated billing, so we do not want you to feel that you must continue to pursue an unpaid fee. When the $300.00 has been paid, the Supervisors are requesting that the amount, less any administration costs, be applied to the balance of the township's fire contract. It will be left to your discretion as to how often you would report the deduction, quarterly, semi-annually, or annually to us. If you should have any questions regarding this matter, please feel free to contact me. Si cerely, harry J. B rni g rankfort Town lip P.O. Box 113 • 12239 - 42nd Street NorthEast St. Michael, Minnesota 55376 0 PHONE (612) 497-2229 Park Board Meeting February 18, 1993 Albertville City Hall 7:00pm Park Board Members Present: Kevin McIntosh, Anita Roden, Pam Roden and Mary Vetsch. Councilperson Sharon Anderson was also present. Absent: Mike Rutkowski, City Maintainance Department. Chairperson Vetsch called the meeting to order. P. Roden made a motion to approve the January 21, 1993 minutes as written. McIntosh seconded the motion. All voted aye. The Board designated a total of $1,175. to be put into the City Park Shelter Fund. The Park Board asks the Council that we receive a monthly state- ment of revenue, generated from the City Park Shelter. The Board clarified -.hat there is no rental fee for the Four Seasons Park Shelter. Although, there is a "P"100. damage deposit required to reserve it. The Board is looking at the possibility of an Adopt -A -Park program with the Boy Scouts, Girl Scouts, etc. Tables and chairs for the City Park Shelter will be ordered, picked up and delivered by our next monthly meeting. Open House Appreciation has been set for Sunday March 28, 1993 from 1:00pm to 4:OOpm. Park Board Members are expected to be present for the duration. The Board asks that the City Council Members and the Mayor also be present for the Open House. P. Roden made a motion to adjorn the meeting. A. Roden seconded the motion. All voted aye. Pam Roden, secretary