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1993-09-07 CC Agenda/Packet• ALBERTVILLE CITY COUNCIL AGENDA September 7, 1993 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * August 16, 1993 V. APPROVAL OF THE MINUTES * August 16, 1993 - Regular Meeting VI. COMMUNITY FORUM - Keith Franklin - Drainage Issues VII. DEPARTMENT BUSINESS A. MAINTENANCE - Bid from Dennis Fehn to haul excess fill from 40 City Park to future WEstwind Park - MPCA Stabilization Pond Seminar Sept 14-16 - Request to change date of Personnel Committee meeting from Sept. 15 to Sept. 13 B. ENGINEERING - Westwind III (Albertville Meadows) - Plans & Specs - Temporary Occupancy Permit from Burlington Northern to reshape and relocate ditch by Savitiski property - Project updates E. LEGAL - Developer's Agreement - Parkside Addition D. ADMINISTRATION * Financial Statement (August 12 - September 1) * Approve bills (Check #7753 - #7805) * Accept resignation of Jim Walsh from Joint Powers Board and authorize clerk to send appreciation letter * Approve Change Orders #1-6, 1992-11B Improvement Project * Resolution #1993-26 - Approve Gambling License for Albertville Area Jaycees at Albertville Bar • * Resolution #1993-27 - Approve one day Gambling License for Albertville Area Jaycees at St. Albert's Parish Center on January 2, 1994 • - Discuss establishing an administrative fee for time spent by clerk for billing, etc. on developer financed projects Set date for Truth -in -Taxation hearing and continuation hearing Set amounts for preliminary levy for 1994 Fire Contract with for City of Otsego south of I-94 VIII, OTHER BUSINESS Ix. ADJOURN • UPCOMING MEETINGS IMPORTANT DATES Sept. 14, 1993 Planning Commission - Regular Meeting Sept. 16, 1993 Park Board - Regular Meeting Sept. 20, 1993 City Council - Regular Meeting • • ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS September 7, 1993 III. APPROVAL OF CONSENT AGENDA - Follow Up Sheet - August 16, 1993, Meeting - Minutes of August 16, 1993 - Regular Meeting - Financial Statement (July 29 - August 11) - Approve bills (Check #7753 - #7805) - Accept resignation of Jim Walsh from Joint Powers Board and authorize clerk to send appreciation letter - Approve Change Orders #1-6, 1992-11B Improvement Project - Resolution #1993-26 - Approve Gambling License for Albertville Area Jaycees at Albertville Bar - Resolution #1993-27 - Approve one day Gambling License for Albertville Area Jaycees at St. Albert's Parish Center on January 2, 1994 • U • • U CITY OF ALBERTVILLE FOLLOW UP SKEET AUGUST 16, 1993 DATE ACTION TO BE TAKEN PERSON 1993 3/15 Write change order for second lift of black- trr top for 3 blks. along 57th St. & Lander Ave. 4/5 Obtain explanation from Ericksen Ellison re: Meyer their apparent over billing. 6/7 Meet w/Linda and Ken to determine if there is Potter sufficient storage space available to demolish storage building at the WWT facility. 6/7 Contact St. Cloud re: establishment of HRA Potter and EDA. 6/21 Restore C. Paulson's property abutting Ken alleyway. (After September 1) 6/21 Send letter to D. Heifort re: responsibility Linda for cost of sloping past property line. 6/21 Review sewer rates in 6 months. QI=il 7/19 Contact MNDOT re: Albertville/Frankfort/State Thore drainage problems. (Plans have been submitted to MNDOT for approval) 8/2 Present report on I-94 crossing at 8/16 mtg. Thore 8/2 Check into liability issue regarding use of Linda city owned vehicle during lunch time. 8/16 Meet with inspector to spot check manholes Ken to determine if there is excessive flows 8/16 Send letter to Ron Becker regarding his options Ann 8/17 for correcting drainage on his property 8/16 Check drainage problems - Tiernans Thore 8/16 Check railroad ditch on north of freeway Thore ALBERTVILLE CITY COUNCIL September 7, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson, and Albert Barthel (7:40 PM), City Engineer Thore Meyer, City Attorney Mike Couri, City Clerk Linda Houghton Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended with the following additions: Community Forum: Keith Franklin - request regarding setbacks for a proposed sign Legal: Discuss old clinic building to be used as City Hall Engineering: Bids for Hardwood Ponds 2nd Addition Administration: Time clock Office Supplies Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Berning requested that Change Orders #1-6, 1992-11B Project be removed from the consent agenda. Potter requested that payment of Check Vs 7775 and 7787 be removed from the consent agenda. Anderson made a motion to approve the Follow -Up Sheet from the August 16th meeting. Vetsch seconded the motion. All voted aye. The minutes of the August 16, 1993, meeting were amended on Page 3, Paragraph 5 by adding the following: Barthel seconded the motion. All voted aye. The minutes of the August 16, 1993, meeting were also amended on Page 6, Paragraph 3 to clarify that the Council advised Gary Barthel that he should address his concerns over the deteriorating exterior wood on the old clinic building to Healthspan, the responsible party. Anderson made a motion to approve the minutes of the August 16, 1993, meeting as amended. Vetsch seconded the motion. All voted aye. .� Keith Franklin discussed his concerns over the drainage problems at his business with the Council. He has been in contact with the city engineer and is aware that the plans and specs, as well as the request to reimburse the City a proportionate share of ALBERTVILLE CITY COUNCIL September 7, 1993 Page 2 of 6 the expenses after the project is completed, have been submitted to MNDOT for approval. He urged the Council to take corrective actions as soon as possible. Thore has requested that MNDOT provide the ratio of cost sharing and reimbursement from MNDOT after the project is completed. Franklin questioned if either the state or county could require that Frankfort Township replace the 8" piping Frankfort has installed with a larger pipe to facilitate the drainage. Thore indicated that he will contact Frankfort Township regarding the undersized pipe. Franklin also will contact the Township. Franklin also explained that he would like directives on what is considered the front yard for property he is leasing along County Road 19 and I-94. The only access to the property is from County Road 19. If that side is considered the front yard, the setback for his sign is 35'. He stated that another of his signs is located with the County Road 19 side considered as the front yard. Vetsch made a motion to allow Franklin to locate his sign to be setback 35' from County Road 19 and 20' from I-94. Berning seconded the motion. All voted aye. Ken Lindsay discussed the quote from Dennis Fehn to haul the excess clay from the City Park parking lot to the Westwind park area. Fehn estimates 710 yards of clay will be removed at a cost of $2 per yard. The hourly rate for leveling the clay at new site is $70.00 per hour. The Council directed Linda to notify the Park Board of the prices and let them determine if this is acceptable. Anderson made a motion to accept the quote from Dennis Fehn, contingent upon the Park Board's approval at their next meeting on September 16. Vetsch seconded the motion. All voted aye. Ken explained that he is required to get 16 credit hours of continuing education to renew his Class C wastewater operator's license. His license is renewable in a year and a half. He requested permission to attend a Stabilization Pond Seminar offered through the MPCA in North Mankato September 14 - 16. Mayor Potter stated he would prefer to send Ken to classes that will pertain more to ultra -violet systems, aerators, and clarifiers, since these items are being added to the current facility. Anderson agreed with Potter. Ken stated that this seminar covers all of the above items, as well as basic stabilization ponds. The brochure presented to the Council does not state that these other systems will be covered. If he is denied permission to attend this seminar, Ken informed the Council that he will be required to take two classes next year to renew his license. Anderson made a motion to deny Lindsay's request to attend the MPCA Stabilization Pond Seminar September 14 -16. Vetsch seconded the motion. All voted aye. Because of this action, check #7775 and Check #7787 will be voided. ALBERTVILLE CITY COUNCIL September 7, 1993 Page 3 of 6 The Council tabled discussion on the Temporary Occupancy Permit from Burlington Northern Railroad until the next meeting because the two bids the City received to perform the ditch reshaping and relocating were not available. Thore presented a letter dated September 7, 1993, outlining the bid tabulations for the Hardwood Ponds 2nd Addition improvements. Annandale Contracting, Inc. is the apparent low bidder with a base bid of $186,684.60. Thore advised the Council that he has worked with this company in the past and has found them to be a responsible and responsive contractor. Alternate bids were taken for the use of PVC pipe for watermains and also PVC piping for storm sewer under the roadway proper. The deduction from Annandale Contracting, Inc. for the use of PVC for watermain is $6,704.20. Using PVC storm sewer increased the bid amount in each bid. Because the Council has already authorized the use of PVC watermain in Psyk's 5th Addition, Thore recommends that the contract for the Hardwood Ponds 2nd Addition be awarded to Annandale Contracting, Inc. in the amount of $179,980.40. Barthel made a motion to adopt RESOLUTION #1993-28 entitled ~ RESOLUTION AWARDING CONTRACT FOR STREET AND UTILITY IMPROVEMENTS 1993-1 IMPROVEMENT PROJECT (HARDWOOD PONDS 2ND ADDITION) awarding the contract for improvements to Annandale Contracting, Inc. in the amount of $179,980.40, subject to a signed Developer's Agreement. Berning seconded the motion. Ali voted aye. Attorney MIke Couri reviewed the Developer's Agreement for the Parkside development with the Council. The developer, Kent Roessler, has decided to finance the project himself, and the City will not be bonding for this project. Roessler will have firm bids on the cost of his project by Monday, September 13, and the Developer's Agreement will be finalized when the hard numbers are in. The Developer's Agreement will require surety in the amount of 60% of the contract amount and details how and when the surety will be reduced. The Developer's Agreement also requires that the 14.2 acre park land will be deeded to the City during this phase. City Engineer Thore Meyer and Park Board Chairman Marvin Vetsch will visit the park site to determine if the park meets all requirements of City ordinances concerning seeding, etc., before the park is deeded. Berning made a motion to approve the Developer's Agreement for Parkside Addition, subject to all sureties being provided. Barthel seconded the motion. All voted aye. Couri reported on the meeting held this morning with Michael Boo of Healthspan concerning the old clinic building. Healthspan ALBERTVILLE CITY COUNCIL September 7, 1993 Page 4 of 6 proposes to return the building to the City for use as a City Hall for the outstanding debt on the bond ($160,000). Healthspan will furnish $30,000 for renovations. Soft estimates at this time to convert the building into a useable City Hall are $32,160, plus repair of the parking lot. Boo anticipates that renovations could be completed in sixty days after plans have been designed. The City could look at possession sometime in December. The $160,000 debt would be refunded and the City would issue new bonds, for which payments would need to be levied. Bob Thistle of Springsted, Inc. has drafted schedules detailing bonding over a period of 10 or 15 years. Vetsch made a motion to approve the concept of releasing Healthspan from its liability for the bond and returning the building to the City's use as a City Hall, subject to contracts being drawn and approved. Barthel seconded the motion. All voted aye. The Council questioned John Weicht regarding Westwind Third Addition. Weicht explained that he has sold one of the apartment buildings. The Council is concerned how this sale affects the Developer's Agreement already signed by Weicht and the City. Couri explained that the signed Developer's Agreement applies to Weicht and his partnership personally and Weicht and the partnership are responsible for the terms of the agreement until the City releases him from that agreement or until all items in the agreement are completed. Weicht has provided the City with the surety amounts detailed in his agreement. Barthel made a motion to adopt RESOLUTION #1993-29 entitled RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS for the 1993-2 Improvement Project (Westwind Third Addition). Anderson seconded the motion. Barthel, Anderson, Vetsch and Potter voted aye. Berning voted no, stating that he is opposed because the city engineer designed the plans. The motion carried. Attorney Couri left the meeting at 9:15 PM. Thore reported on the progress of various City projects. The drainage question on the Becker property along 50th Street is the only thing remaining to be completed. Thore recommends that the culvert under 50th Street by Henry Becker's be restored, storm sewer pipes be installed along the front side of Ron Becker's property, extending northward along the east side of Becker's property and finally turning east and tying into the existing storm 10� sewer on Lansing Avenue. Thore recommends that the costs be assessed to the benefitting property owners. Thore estimates the cost to install the storm sewer at $15,000-$18,000, including Possible tree and fence removal. This option will require an ALBERTVILLE CITY COUNCIL September 7, 1993 Page .5 of 6 easement from Ron Becker. Ron Becker approves this option but doesn't want to be assessed for the costs. The Council tabled discussions on the drainage problem. Psyk's 5th Addition is ready for curb and gutter installation. Thore reviewed the Change Orders #1-6 on the sewer replacement project with the Council. Because the Council requested clarification on Change Orders #3 and #6, approval of the change orders was tabled until the next meeting. Widmer, Inc. has a September 8th deadline for completion of the sewer replacement project, which will not be met. Berning suggested that Widmer, Inc., be contacted and directed to replace the bituminous on the section of Large Avenue and Barthel Industrial Drive as damages for failure to meet the deadline. Thore will talk to the contractor. The expansion of the wastewater treatment facility is still ahead of schedule at present and is progressing well. Anderson made a motion to ap for the period August 12 - September1 as presented. Vetschrove the Financialement seconded the motion. All voted aye. Anderson made a motion to approve payment of Check #'s 7753- 7805, with the exception of Check #7775 and Check #7787 which were earlier voided. Vetsch seconded the motion. All voted aye. Anderson made a motion to accept the resignation of Jim Walsh from the Joint Powers Board and to authorize the clerk to send a letter of appreciation to Walsh. Vetsch seconded the motion. All voted aye. Anderson made a motion to approve RESOLUTION #1993-26 entitled RESOLUTION APPROVING PERMIT FOR STATE GAMBLING LICENSE FOR ALBERTVILLE AREA JAYCEES allowing the Jaycees to operate such lawful gambling from Albertville Bar. Vetsch seconded the motion. All voted aye. Anderson made a motion to approve RESOLUTION #1993-27 entitled RESOLUTION APPROVING PERMIT FOR STATE GAMBLING LICENSE FOR ALBERTVILLE AREA JAYCEES allowing the Jaycees to operate such lawful gambling from St. Albert's Parish Center on January 2, 1994. Vetsch seconded the motion. All voted aye. Councilmember Vetsch asked Linda about the time clock. Anderson explained that she will return the time clock to City Hall later. It is the consensus of the Council that employees will punch the clock if they leave the premise. ALBERTVILLE CITY COUNCIL September 7, 1993 Page 6 of 6 Vetsch requested that Linda order office supplies from a vendor who will deliver the products instead of traveling to Bizmart to purchase supplies. Linda told the Council that she has been unable to find better pricing on supplies from any other source, but she agreed to order from a company who delivers. Linda was directed to contact the attorney to determine if the City could charge a 1% Administrative Fee to those projects financed by the developer. She will report back at the next meeting. Berning made a motion to set. the Truth -in -Taxation meeting for December 7, 1993, at 7:00 PM. If a continuation of the Truth -in - Taxation hearing is necessary, the Council will meet on December 13, 1993, at 7:00 PM. Anderson seconded the motion. All voted aye. Barthel made a motion to set the preliminary levy for taxable year 1994 as follows: Revenue 325,525 88 Bond 53,000 89 Bond 8,500 90 Bond 15,500 92 Bond 5,000 93A Bond 8,000 Total market value based referendum preliminary levy will be $415,525. Anderson seconded the motion. All voted aye. Anderson made a motion to approve the Fire Protection Contract with the City of Otsego for service to the triangular area south of I-94 for the period October 1, 1993, through December 31, 1993, at a cost of $665.51 and for the period January 1, 1994, through December 31, 1994, at a cost of $2,806.00. Barthel seconded the motion. All voted aye. Linda will send the executed contract to the City of Otsego for their approval. Barthel made a motion to adjourn at 11:00 pM. Berning seconded the motion. All voted aye. Michael Potter, Mayor %Lina Houghton, Cler PUBLIC HEARING ORDINANCE #1993-12 September 7, 1993 Albertville City Hall 7:00 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, and Sharon Anderson, City Clerk Linda Houghton Mayor Potter opened the public hearing to consider amending Section A-800 of the City of Albertville Subdivision Ordinance relating to the deposit and Security amount required for the installation of improvements. The Subdivision Ordinance currently requires a 60% deposit or surety. The City Council has previously adopted a resolution to establish a surety and term of assessment policy. There was no one in the audience and, consequently, no public comment. The ordinance as presented was amended to read ""but in no case shall the amount be less than fifty (50) percent of the Engineer's estimate" to comply with the current policy. Anderson made a motion to adopt ORDINANCE #1993-12 entitled AN ORDINANCE AMENDING SECTION A-800 OF THE CITY OF ALBERTVILLE SUBDIVISION ORDINANCE RELATING TO THE DEPOSIT AND SECURITY AMOUNT REQUIRED FOR THE INSTALLATION OF IMPROVEMENTS. Vetsch seconded the motion. All voted aye. Anderson made a motion to adjourn the public hearing at 7:07 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Cler PUBLIC HEARING ORDINANCE #1993-13 September 7, 1993 Albertville City Hall 7:15 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, and Sharon Anderson, City Clerk Linda Houghton Mayor Potter opened the public hearing to consider amending the ORDINANCE ESTABLISHING CHARGES FOR USERS OF THE CITY OF ALBERTVILLE WASTEWATER FACILITIES TO ALLOW AMENDMENT OF THE SEWER SERVICE CHARGE SYSTEM. The amendment being considered will allow the City Council to change the rate schedule by resolution. There was no one in the audience and, consequently, no public comment. Berning made a motion to adopt ORDINANCE #1993-13 entitled AN ORDINANCE AMENDING THE ORDINANCE ESTABLISHING CHARGES FOR USERS OF THE ALBERTVILLE WASTEWATER FACILITIES TO ALLOW AMENDMENT OF THE SEWER SERVICE CHARGE SYSTEM. Anderson seconded the motion. All voted aye. Anderson made a motion to adjourn the public hearing at 7:18 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Cler ALBERTVILLE CITY COUNCIL August 16, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Sharon Anderson, Albert Barthel., John Vetsch, City Engineers Thore Meyer and Norm Gartner, and Secretary Ann Culley. Mayor Potter called the regular meeting of the Albertville City Council to order at 7:30 PM. The agenda was amended by adding the following: (1) under Administration: Request by Personnel Committee that all Councilmembers listen to tape of last meeting. (2) under Engineering: Drainage problem behind Ken Tiernan's property. Berning made a motion to approve the agenda as amended. The motion was seconded by Anderson. All voted aye. Berning questioned why grading permits had not been issued to Marx and Hennum. Meyer stated that he recommends that storm sewer be installed no later than 30 days after filling is completed, preferably prior to filling taking place. Vetsch made a motion to approve the follow-up sheet for the August 2, 1993 meeting. Barthel seconded the motion. All voted aye. Berning wanted to clarify that in the minutes of the August 2, 1993, regular council meeting on page 2, paragraph 2, that the Council advised Tallman that the 2' section of his garden that lies in the City easement should be lowered. Vetsch made a motion to approve the minutes of the August 2, 1993, regular meeting of the City Council as amended. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the August 2, 1993, special meeting of the City Council as submitted. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the August, 4, 1993, continuation of special meeting of the City Council as submitted. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the July 21, 1993, joint meeting with the Park Board as submitted. Barthel seconded the motion. All voted aye. Mayor Potter presented $100 savings bonds to each of the 1993- 1994 Albertville Royalty. Miss; Albertville, Jeannie Kowalczyk, presented the Council with two plaques and a trophy the Albertville Royalty and float have won thus far. Ms. Kowalczyk stated that all prize monies awarded had been given to the float committee for restoration and repairs to the float. ALBERTVILLE CITY COUNCIL August 16, 1993 Page 2 of 6 Paul Ederer addressed the Council with regard to the City's Lease Agreement with Security Bank Northwest. He has requested that the wording in #11. OPTION TO RENEW, be changed to read "The Lease shall be renewable, at the option of the Bank..." Ederer further stated that with the way #11 is worded, the Bank has only a 30 year lease with an option :for another year, making the total term of the lease only 31 years. Ederer would prefer that the Bank be given at least two five year options after the initial 30 year term. He would also like the contract to include a statement giving the Bank the right of first refusal in the event the City decides to sell the property. Berning stated that he would prefer to sell the property. The consensus of the rest of the Council was the same. The Council discussed the possibility of having an appraisal of the property in question done as well as an appraisal of the old park and ride property, but decided to wait until they received quotes regarding the cost of such appraisals. Vetsch made a motion to allow Mike Potter to sign a lease agreement with Security Bank Northwest with the following changes: 1. #11 be changed to read "The Lease shall be renewable, at the option of the Bank..." 2. #11 be changed by allowing two five year option periods. 3. That the Bank be given the right of first refusal in the event the City opts to sell the property. Barthel seconded the motion. All voted aye. Donatus Vetsch was not :present to address the Council regarding the Lions sign. The Council was presented with a proposal from Dennis Fehn Gravel & Excavating, Inc. for hauling excess fill from City Park to Westwind Park at a cost of $1,420.00. The Council questioned whose budget this would come from and requested that the Maintenance Department forward this proposal. to the Lions and the Jaycees. The Council addressed a memo from the Maintenance Department, with regard to the Saturday, August 14, 1993, readings at the ponds of 350,000 gallons in a 24 hour period, indicating that the City has not yet found the big leak. Gartner stated that due to the large amount of rainfall in a short period of time, the excessive flows were probably not out of line. He suggested that the City could use a series of portable flow meters around town to check various areas that may be of concern. The Council directed Ann to direct, Ken Lindsay to meet with Meyer-Rohlin Inspector Mike Christianson on Tuesday morning and do a spot check on manholes to see if there are still excessive flow amounts. ALBERTVILLE CITY COUNCIL AUGUST 16, 1993 Page 3 of 6 Plans and specs were presented for Westwind III, Albertville Meadows. This will be a 429 project. Meyer stated that the extension of sanitary sewer will be 12", which is the same depth as the existing sewer. There will be a 12" water main along the highway with 2 6" service leads and 1 8" lead for fire protection which will loop back into Parkside Addition. Meyer stated that Wright County is concerned that the storm drainage be controlled via ponding whenever possible. It, will be necessary to obtain permits from Wright County and from the Railroad for the culvert they are proposing to place. Gartner stated that, if the plans and specs are approved tonight the bid date w411 be between the first and second meetings in September. The Council questioned if Weicht is still the owner of Westwind III and if not, are the developer's agreement and letters of credit still valid? The Council tabled further discussion until after Couri has been consulted. Gartner stated that this decision will delay the time frame for the bids. The bid date will probably fall back to the first meeting in October. Meyer-Rohlin was instructed to have the storm Water study completed at that time also. Ron Becker has still not made a final decision on which course of action he wants the City to take in order to correct the drainage problem on his property. The Council directed Ann to send a letter to Becker on Tuesday morning stating that the 50th Street Project is almost complete and Mr. Becker has until Friday, August 20th at 4: 30 PM to inform the City what course of action he has decided upon. Vetsch made a motion to adopt Resolution #1993-23, entitled, RESOLUTION APPROVING EXEMPTION FROM THE WETLAND CONSERVATION ACT FOR THE 1992-11A IMPROVEMENT PROJECT, WASTEWATER TREATMENT FACILITY EXPANSION. The motion was seconded by Anderson. All voted aye. Anderson made a motion to adopt Resolution #1993-24, entitled, RESOLUTION ADOPTING THE ALBERTVILLE, MINNESOTA, SEWER SERVICE CHARGE SYSTEM, WASTEWATER TREATMENT FACILITIES", DATED JULY 17, 1984, AND AUTHORIZING ITS REVISION PRIOR. TO JANUARY 31, 1995. Meyer advised the Council that the major items are completed on the 50th Street project. There are a few blacktop driveways to finish and they will meet with the property owners. Hardwood Ponds plans and specs will be submitted soon and they will request sewer extensions from MPCA based on construction of the wastewater treatment expansion. The utilities have been completed in Psyk's new addition. CITY COUNCIL AUGUST 16, 1993 PAGE 4 of 6 Norm Gartner reported that the utility work has been completed on the sewer reconstruction and the following are related change orders: C.O. #1 $ 230.00 Moving Hwy. 37 jacking pit 2 883.20 Removing flared end & installing catch basin by new bank (should be paid from storm sewer funds) 3 946.00 Chemically seal manhole 4 640.55 129' sewer extension from Lamont Ave. 5 (150.00) Not having to adjust manhole on 57th & Lander a second time 6 750.00 Raise & seal 3 manholes ($250.00 should be paid from storm sewer funds) Gartner stated that he had been requested to check into whether or not there would be enough money left in the contingency fund to pay for the blacktopping on 57th Street and Lander Avenue. He stated that the City is almost at its limit in the contingency fund and he would not recommend any type of cost sharing on 57th and Lander. Gartner further stated that the September 1, 1993 completion date is on schedule, however, there may be some small final items to be taken care of, Gartner stated that the wastewater treatment expansion project started on Monday, August 9th. They are expected to pour concrete on Wednesday or Thursday. They are currently on or ahead of schedule. The Council directed Thore Meyer to check into the drainage problem reported on the back of Ken Tiernan's property. The Council directed Thore Meyer to check into the railroad ditch on the north side of the freeway. It seems to be filling up and may need to be cleaned out. Meyer reported that the I-94 water main has been shot and they are checking into what type of pipe will fit there. They are awaiting information. Gartner requested that the Council write a letter to the MPCA stating that Rice Lake Contracting has acted in a good faith effort to try to solicit women and minorities to bid and contract on the wastewater treatment expansion. Those requested either wouldn't bid or were not low bidder. Barthel made a motion that the City Council certify that Rice Lake Contracting has made a good faith effort to solicit women and minorities to bid and work on the wastewater treatment expansion. Vetsch seconded the motion. All voted aye. CITY COUNCIL AUGUST 16, 1993 Page 5 of 6 Vetsch made a motion to approve the financial statement for July 29, 1993 through August 11, 1993. The motion was seconded by Barthel. All voted aye. Vetsch made a motion to approve payment of the bills, check #7722 through #7746. Barthel seconded the motion. All voted aye. Andy Savitski requested that the Council vacate a portion of his property which he believes was originally given to the City for the purpose of constructing a road which was never built, The Council advised Andy that they must hold a public hearing if the City is to consider his request. Andy will check have his attorney check further into this. Anderson made a motion to approve Resolution #1993-25, entitled, A RESOLUTION INCREASING SAC CHARGES IN THE CITY OF ALBERTVILLE, said increase to be to $1,000.00. Vetsch seconded the motion. All voted aye. Vetsch made a motion to re]ease the Letter of Credit of John George Inc. for Westwind II. The motion was seconded by Barthel. All voted aye. Vetsch made a motion to approve the Lions" request for a liquor permit for August 27, 1993 from 4:30 PM until 9:00 PM. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the Time and Work Extension for the Shoreland Grant. Barthel seconded the motion. All voted aye. Vetsch made a motion to schedule a public hearing for Monday, September 7, 1993, at 7:00 PM to discuss proposed Ordinance #1993- 12, entitled AN ORDINANCE AMENDING SECTION A-800 OF THE CITY OF ALBERTVILLE SUBDIVISION ORDINANCE RELATING TO THE DEPOSIT AND SECURITY AMOUNT REQUIRED FOR THE INSTALLATION OF IMPROVEMENTS. The motion was seconded by Barthel. All voted aye. Vetsch made a motion to schedule a public hearing for Monday, September 7, 1993, at, 7:15 PM to discuss proposed Ordinance #1993- 13, entitled, AN ORDINANCE ESTABLISHING CHARGES FOR USERS OF THE CITY OF ALBERTVILLE WASTEWATER FACILITIES TO ALLOW AMENDMENT OF THE SEWER SERVICE CHARGE SYSTEM. The motion was seconded by Barthel. All voted aye. ALBERTVILLE CITY COUNCIL AUGUST 16, 1993 Page 6 of 6 The Council addressed the proposed Otsego Creek Agreement. There is an error on the final page, it should read (4) years, not (40) years. Barthel made a motion to approve the Otsego Creek Agreement. Berning seconded the motion. Barthel, Anderson, Berning, and Potter voted aye. Vetsch voted nay. The motion carried. Ann Culley advised the Council that the Personnel Committee has requested that all Councilmembers listen to the tape of the Personnel Committee meeting which was held on August 11, 1993. Gary Barthel addressed the Council with his concern regarding the deteriorating wood on the closed clinic building. The Council advised him that HealthSpan owns the building and he should voice his concerns to them. Gary Barthel questioned what the Council had decided to do about blacktopping on 57th and Lander. The Council advised him that continuing that blacktop project was not in the budget. Barthel made a motion to adjourn at 9:55 PM. Anderson seconded the motion. All voted aye. Michael Potter, Mayor Ann Culley, Secretary Ao T C) .1 C h� C Uc1�v e-< L Fria...., If Cr .- .Sc 1Cd -PC ce / Q u ^j A,, —7- r o ,., - c..s , 4- l►� C' s. A s S "'C .. w EIS a cam, A- c c-' is . F c .4 T 4u 43 U e, . �— rXew,- 1 (-44 a a- L a C/--<' /9 T /J a J G (� �" s• /i 'S E w io A r ! a �1 /U t� J—o !L iq- U i N Z cs u kJ Q hl el4 Iu ST!t t��'S Su � � �J d N a T 6 C i 7-r/-c " 6 v C /C S T' v c li, 5e-j,-7L 19 572 -�7 C4.., V u 1-40 1• "f(c I//C- S c /d r- i S S /rs� SOw/1 L. Oh EET/N r C�/f N (SC Q / U SeAl / 3� I Gv L' iC� r� fJ /— U d ud L AJ e— W 4-L, l C h ^j !J l7(-C �? ,� �l Fd /Z (b�c 3 - y S c—i-ed nJ , 011=1 216 /V€99 IM, W-. Mai 01471. fe Olds PONE TOLL ME I+8*2254380 YO 40% Pre -Consumer Content • 10% Post Consumer Content Page No. of Pages DENNIS FEHN GRAVEL & EXCAVATING, INC. 11900 50th Street NE ALBERTVILLE, MINNESOTA 55301 Phone 497-2428 JOB JOB LOCA IION DATE August 16.1993 JOB Or f roptIff hereby to furnish material and labor — complete in accordance with specifications below, for the sum of: dollars ($ Payment to be made as follows: All material Is guaranteed to be as specified. All work to be completed in a workmanlike ('- manner according to standard practices. Any alteration or deviation from specifications be- Authorized low involving extra costa will be executed only upon written orders, and will become an Signature extra charge over and above the estimate. All agreements contingent upon strikes, acci- dents or delays beyond our control. Owner to carry fire, tornado and other necessary withdrawn by to if not accepted within days. Insurance. Our workers are fully covered by Workmen's Compensation Insurance. MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 August 19, 1993 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 Dear Linda; RE: Savitski Drainage Enclosed are two copies of a Temporary Occupancy Permit from Burlington Northern. This permit will be required in order to complete the reshaping and relocation of the ditch behind Andy Savitski's place on 61st Street. Please sign and return both copies, along with the requested amount of $250.00, to the address shown on the enclosed cover letter. If you have any questions, please do not hesitate to contact me. Sincerely, MEYER-ROHLIN, INC. Ronald Geurts Engineer cc: E-9301-A Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor AWOBURLINGTON NORTHERN RAILROAD Marketing & Property Services 4105 Lexington Avenue North Suite 200 Arden Hills, MN 55126 (612) 490-6160 August 16, 1993 Mr. Ronald Geurts Meyer-Rohlin, Inc. 1111 Highway 25 N. Buffalo, MN 55313 RE: Temporary Occupancy Permit - Location: Albertville, MN Dear Mr. Gerts: Enclosed in duplicate is the above mentioned agreement. BOTH copies of this agreeement should be signed by the City and returned for signature on behalf of Burlington Northern Railroad Company. One copy will be returned for the City's records. Also included is our Requirements for Contractors Working on Burlington Northern Railroad Right -Of -Way which must be signed and returned to this office. Please forward a check in the amount of $250.00, made payable to Burlington Northern Railroad Company, to cover the cost of this permit. Since Bruce E. Opp Manager, Property Servi enclosure NGTON Page 1 of 'TEMPORARY OCCUPANCY PERMIT AWVNORrT RN ANAIII&RAILROAD Grantor, BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called "Burlington", in consideration of $250.00 ((TWO HUNDRED FIFTY AND NO/100 DOLLARS) for The term of this permit as set forth in Paragraph 1, receipt of which is hereby acknowledged, and in consideration of the covenants herein contained to be performed by the City of Albertville hereinafter called "Grantee", hereby grants permission to said Grantee to temporarily occupy an area 12.5 feet by 600 feet of Burlington's premises located as shown colored "red" on print marked Exhibit "A" dated August 16, 1993 at or near the station of Albertville. Minnesota , under the direction of Burlington's Agent, Max Steele, located at 80 44th Avenue NE, Minneapolis, MN 55421 , for the purpose of construction and maintenance of a drainage ditch. This permit is granted on the following terms and conditions: 1. The occupancy of Burlington's premises shall continue for a period of 61 days from the date hereof; however, the liability hereinafter assumed by Grantee shall not cease no., be diminished if Grantee or Grantee's property occupies said premises of Burlington after the occupancy term, nor shall such assumption of liability cease nor be diminished by the termination of the Permit with respect to acts or circumstances giving rise to such liability which arose prior to such termination or surrender of the premises to Burlington. 2. (a) It is understood by both parties that the premises to be occupied by Grantee is in dangerous proximity to Burlington's railroad, and any persons or property thereon will be in danger of injury or destruction due to fire or other causes incident to the operation, maintenance, or improvement of such railroad by Burlington; and Grantee accepts this permit subject to such dangers. It is therefore agreed, as one of the material considerations of this permit, without which the same would not be granted, that Grantee assumes all risk of loss, damage, or destruction to Grantee's property and property in the care, custody or control of Grantee; and the injury to or death of Grantee, Grantee's agents, employees or invitees, without regard to whether such loss, damage, injury, or death be occasioned by fire or sparks from locomotive engines or other causes incident to or arising from the movement of locomotives, trains or cars, misaligned switches, or in any respect from the operation, maintenance, or improvement of Burlington's railroad, or to whether such loss, damage, injury, or death be the result of negligence or misconduct of any person in the employ or service of Burlington, or of defective appliances, engines, or machinery_ Grantee shall protect, indemnify, and save and hold harmless Burlington from all such claims or causes of action for loss, damage, injury and death asserted against Burlington. (b) Grantee also agrees and warrants that the use made of said premises permitted herein shall not damage the property of Burlington or the property of other persons, companies, or corporations, Located upon the premises of Burlington, and that the use of said premises or the storage of any materials thereon shall not be a menace to the safety of Burlington's operations or any other operations conducted on or in the vicinity of said premises, or violate any federal, state or municipal laws, ordinances or regulations. Grantee hereby releases, indemnifies, and saves harmless Burlington and any other person, company or corporation occupying Burlington's premises with I UWA I' J / I 1 HM Page 2 of 3 Burlington's consent, from and against all loss, damage, claim, demand, action, cause of action, cost, and expense of every character which may result from any injury to or death of any person whomsoever, including, but not limited to, employees, officers, and agents of the parties hereto, and from loss of or damage to property of any kind or nature to whomsoever belonging, including, but not limited to, property owned by or in the care, custody and control of the parties hereto, when such injury, death, loss, or damage is caused or contributed to by or arises from the use of or storage of materials on Burlington's premises either by Grantee or at the direction of Grantee. (c) IT IS UNDERSTOOD THAT THE LIABILITY ASSUMED BY GRANTEE HEREIN SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE LOSS, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BURLINGTON, ITS AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE. 3. (a) Grantee shall not place or permit to be placed, or to remain, any material, structure, pole, or other obstruction within 25 feet laterally of the center line of a main track or within 15 feet laterally of the center line of any other track, or within 23 feet vertically from the top of the rails of any track located on or adjacent to the premises to be occupied by Grantee. (b) Grantee hereby indemnifies and saves harmless Burlington from all loss, damage, penalty, cost or judgment that may be assessed against or recovered from Burlington on account of or in any manner growing out of a violation of the provisions of this Paragraph 3. 4. It is agreed that the provisions of the three preceding paragraphs are for the equal protection of any other railroad company or companies heretofore or hereafter granted the joint use of Burlington's property, the occupancy of which is hereby permitted. 5. Grantee shall at all times keep said premises, the use of which is hereby granted, in a clean and sanitary condition. 6. Either party may terminate this permission at any time upon ten (10) days written notice to the other party. Grantee shall give its notice to the Division Superintendent of Burlington, Max Steele, located at 80 44th Avenue NE Minneapolis MN 55421 by United States Mail. Burlington may give notice in the same manner to Grantee at PO Box 131 Albertville MN 55301 or may serve same personally on Grantee, or post on the premises. 7. At the termination of this permission Grantee shall remove all of its property from said premises and upon failure to do so Burlington may do so at Grantee's expense or may appropriate it to its own use without compensation. 8. No refund of all or any part of the rental paid hereunder shall be made by Burlington should this permit be terminated by Grantee prior to the expiration of the full term hereof. Should Burlington terminate this permit prior to expiration of the full term hereof for reasons other than the breach of a condition hereof by Grantee, Burlington will refund pro rata share of rent paid by Grantee upon the execution hereof. In no event, however, will Burlington be liable for any consequential damages as a result of such termination by it or for loss of crops should this permit be granted for haying or garden purposes. FORM 153714 2-88 Page 3 of 3 9. City agrees that costs for the construction and future maintenance of the drainage ditch will not be assessed against Burlington Northern Railroad Company. 10. If future maintenance of the drainage ditch is required by the City, City agrees to obtain a permit from the Burlington Northern prior to entering Railroad's right-of-way for such work. IN WITNESS WHEREOF, the parties have executed this Permit in duplicate this 16th day of August , 1993 BURLINGTON NORTHERN RAILROAD COMPANY (Grantee) By By Title Title FORM 153214 2-88 5�1 A 0 3411 tile ln� C4— A- CITY OF ALBERTVILLE FINANCIAL STATEMENT August 12 - September 1, 1993 Beginning Cash Balance August 12, 1993 INCOME (Aug. 12 - Sept. 1) Bond Payment -Clinic 8,929.33 Building Permits 86,446.10 Interest Income (Aug) 538.50 Park Rent 150.00 Reimburse(Pysk's 5th) 48,651.23 Sewer Penalties 147.85 Sewer Receipts 7,999.45 Special Assessments 1,369.69 Storm Water Penalties 30.93 Storm Water Receipts 1,126.65 Title Search 88.83 TOTAL INCOME EXPENSES (Aug. 12 - Sept. 1) Check #'s 7722-7746 (approved 8/16/93) 57,624.86 Saving Bonds (Royalty) 300.00 Check # 7747 First Trust (clinic) 8,929.33 PAYROLL 8/11 - 8/24 Check # 7748 - Ann 495.83 Check # 7749 - Linda 784.59 Check # 7750 - Ken 774.65 Check # 7751 - Mike 584.78 Check # 7752 - PERA 340.33 TOTAL EXPENSES Ending Cash Balance September 1, 1993 156,089.49 69,834 37 $507,101.72 -593 656.84 INVESTMENTS: CD #8925 - matures 9/1/93 @ 2.9% CD #8807 - matures 9/29/93 @ 3.5% CD #8222 (Lions) - matures 10/18/93 @ 2.65% CD #8579 - matures 12/28/93 @ 3.0% Piper-Jaffray Investments TOTAL INVESTMENTS 108,292.02 356,108.22 31,247.53 159,579.97 455,324.13 $1,110,551.87 CITY OF ALBERTVILLE BILLS TO BE PAID SEPTEMBER 7, 1993 Check No. Vendor Reason Amount 7753 Sharon Anderson August Council 249.34 7754 Albert Barthel August Council 209.42 7755 Duane Berning August Council 180.08 7756 Michael Potter August Council 249.34 7757 John Vetsch August Council 166.23 7758 AT&T Maintenance 69.84 8/24 - 11/23 7759 Affordable Sanitation Four Seasons Park 74.55 7760 Albertville Body Shop Masking Paper 15.00 7761 American Nat'l Bank GO Adv Ref/Imp 1988 185.11 7762 Anoka -Ramsey Comm College Bikeways Plan Book 35.00 7763 Bergstrom's Chainsaw Parts 25.06 7764 Bizmart Office Supplies 151.41 7765 Buffalo Bitunimous Payment #3 109.,581.17 50th Street Imp. 7766 Central Rivers Weed Spray 241.00 7767 Chouinard Office Prod. Shop Supplies 47.89 7768 Comp. Medical Care Firemen Physicals 176.75 7769 Crow River News Aug. Legals 176.42 7770 Ann Culley Mileage 10.75 7771 Don's Auto Fire Dept 66.45 76.53 Gas/Parks 4.08 Repairs 6.00 .--. 7772 Eull's Auto, Brite Clean Pickup 101.18 7773 Feed -Rite Controls Testing/Alum 2,865.69 7774 1st Nat'l Bank -Elk River G.O. Imp Bond 1991 42,429.75 7775 Garden Inn 7776 Hackenmuell.er's 7777 Linda Houghton 7778 Joint Powers Board 7779 LaPlant Sanitation 7780 LeRoy Lindenfelser 7781 Machtemes Const. 7782 MedCneters 7783 Meyer-Rohlin, Inc. 7784 Minnegasco 7785 MN Copy Systems 7786 MN Dept. of Revenue 7787 MN Pollution Control 7788 Montgomery Watson 7789 NSF 7790 NW Assoc. Conslt. 7791 City of Otsego 7792 P.E.R.A. Life Ins 7793 Pepsi Cola Co. 7794 Precision Auto Seminar Ken 148.50 Supplies 96.90 251.62 Parks 51.24 Streets 51.24 WWTF 51.24 Mileage 11.25 Inspections 282.36 August 85 . 71 Refund/Damage .Deposit 100.00 Payment #2 61,003.78 Pysk's 5th Group Insurance 1,122.40 1192-11B Project 9,977.74 Park 5.33 37.28 C.H. 31.95 Maintenance 156.94 July/August State 891.65 Income Taxes Stabilization Pond 80.00 Seminar 9/14-16 Mud Lake/Otsego 11130.00 Creek Testing St.Lights 1921.85 2,497.21 C.H. 165.02 Park 205.56 WWTF 204.78 Meetings 125.00 1,170.88 Gen.Asst. 913.34 Reimbursed 132.54 Grading 6/11-8/17 187.50 October 24.00 Period 9 Rent 10.65 Mainteance/Pickup 202.88 7795 Radzwill Law Office 779E Roto-Rooter 7797 Scharber & Sons 7798 Security Bank NW 7799 Simonson Lumber 7800 Snap -fan Tools 7801 Southam Business Comm 7802 United Telephone 7803 Winthrop & Weinstein 7804 Wr. Co. Sheriff 7805 Wright Recycling General 425.00 1,250.00 Confid. 75.00 WWTF 500.00 Psyk 5 125.00 Parkside 100.00 Parkside 2 25.00 Jet I-94 Crossing 208.12 Tires/J.Deere & Toro 222.00 August Fed. Taxes 2,190.06 Drain Tile/City Park 55.41) Misc. Tools 25.83 Bids-HWPonds 2 162.06 C.H. 230.25 257.22 Parks 26.97 Legal thru 7/31/193 1,700.78 July Police 2,600.63 August 435.00 TOTAL BILLS $245,796.96 NA112. OF PROJECT: OWNER: CONTRACTOR: CHANGE ORDER Change Order No. 1 Date: August 12, 1993 Original Agreement Date: December 21, 1992 n roject No. L272094-01 192-11B Improvement project xistincT Sewer S stem Im rovements) tv of Albertville The Justification for this CHANGE ORDER is attached. The following changes are hereby made to the CONTRACT DOCUMENTS: Original CONTRACT PRICE Current CONTRACT PRICE adjusted b , $ 353,422.15 y previous CHANGE ORDS R The CONTRACT PRICE due S 353,422.15 increased to this CHANGE ORDDR will be ( by to 230.00 The new CONTRACT PRICE including this CHANGE ORDER will be S 353 652 The CONTRACT TIT/i will be increased 15 (decreased) by 0 calendar dal•s. The date for completion of all work will be -September- 1 1993 (Date) . Approvals reouired rior to implementation: Engineer's recommendation, by date Owner's order, by - ,�� date Contractor's acceptance, by date �- �� S3 Approval stamp of Minnesota Pollution Control Agenc (NPO,A . Y ). --ALL CHANGE ORDERS must be submitted to the MPCA. MPCA approval stamp is REQUIRED if this CHANGE ORDER alters the scope or cbje_+i.;e cf the project. YPCA 2/82 5/84 1/89 10/89 CHANGE ORDER NO. 1 E-9201-D DESCRIPTION OF CHANGE ORDER: This change order was the result of moving the jacking pit for the sewer under CSAH No. 37 from the south side of the road to the north side of the road, in order to avoid the Joint Powers' 12" watermain. By moving to the north side of the road, the Contractor had to disconnect the gas main and reinstall it. Below is a breakdown of the costs incurred: Minnegasco charge (see attached invoice) _ $200.00 Widmer overhead and profit (15%) = 30.00 TOTAL CHANGE ORDER NO. 1 $230.00 Note: This work has already been completed. _^ Trns Part WIDMER CONSTR Service Address: 6022 LARGE AVE Account Number: ATTNNN�F,'f CARDINAL ALBERTVILLE MN 55301 501-000-656-100 Billing Date: Jul 2, 93 Account Summary Other Charges Gas Charges Previous Balance $ . 00 $ 00 Payments Received , pQ . 00 Adjustments .00 . .00 Salagce Current Billing $ . %0 + 200.00 + $ . 00 .00 New Balance $200.00 5.00 Due Date: Jul 30, 93 $200.00 Total Amt. Due: = 5200.00 Other Charges Detail Meter Relocation $200.00 Gas Charges Detail (Contract Balance: $200.00) Total Current Billing 5200.00 -A 4o UP D TE Vr " i Average Daily Temperature: Average Daily Gas Usage: N- yinnegasco, I1 you have questions, want to register a Next Meter Reading: complaint or compliment, receive a Minnegasco customer information booklet or rate schedule, flail correspondence to: please call our representatives at: Next Billing Date: MINNEGASCO Billing Info 372-4727 Aug 4, 93 201 7 ST SO Moving 372-4720 See other side MINNEAPOLIS, MN 55402 Past Due Acct 372-4680 for more information --� CHANGE ORDER Change Order No. 2 Date: August 12, 1993 Original Agreement Date: December 21, 1992 :')roject No. L272094-01 NAY.' -'.OF PROJECT: 1992-11B Improvement Project (Existing Sewer System Improvements) OWNER: City of Albertville CONTRACTOR: Widmer Inc. The Justification for this CHANGE ORDER is attached. The following changes are hereby made to the CONTRACT DOMM-NTS: Original CONTRACT PRICE $ 353,422.15 Current CONTRACT PRICE adjusted by previous CHANCE ORDER $ 353,652.15 The CONTRACT PRICE due to this CHANGE ORDE? will be increased (doczgevedo by $ 883.20 The new CONTRACT PRICE including this CHANCE ORDER will be S 354,535.35 The CONTRACT TIN`, will be increased (rsKg by 7 calendar days. The date for completion of all work will be September 8, 1993 (Date). Approvals required prior to implementation: Engineer's recommendation, by date Owner's order, by date Contractor's acceptance, by,, date Approval stamp of Minnesota Pollution Control Agency (N.PCA) : --ALL CHANGE ORDERS must be submitted to the MPCA. MPCA approval stamp is REQUIRED if this CHANGE ORDER alters the scope or objective of the project. MPCA 2/82 5/84 1/89 10/89 CHANGE ORDER NO. 2 E-9201-D Description of Change Order This change order is for removing the existing flared end section and catchbasin at the end of the storm sewer by MH 5, intersection of Large Avenue NE and 60th Street NE. Below is a breakdown of the costs: 1. 12" RCP 8 if @ $26.65 = $213.20 2. Catchbasin w/stool casting 1 each @ $520.00 = $520.00 3. Remove and salvage flared end section 1 each @ $150.00 = $150.00 Total Change Order #2......... $883.20 CHANGE ORDER Change Order No. 3 Date: August 12, 1993 Original Agreement Date: December 21. 1992 °roject No. L272094-01 NAB OF PROJECT: 1992-11B Improvement Proiect (Existing Sewer System Improvements) OWNER: City of Albertville CONTRACTOR: Widmer, Inc. The Justification for this CHANGE ORDER is attached. The following changes are hereby made to the CONTR,CT D0CUr1-12;TS: Original CONTRACT PRICE $ 353,422.15 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 354,535.35 The CONTRACT PRICE due to this CHANGE ORDER will be increased (dazaazsa2) by $ 946.00 The new CONTRACT PRICE including this CHANGE ORDER will be S _355.481 . 35 The CONTRACT 7I2-11E will be increased (decreased) by 0 calendar days. The date for completion of all work will be _ September 8 199 (Date). Approvals required prior to implementation: Engineer's recommendation, by date Owner's order, by date Contractor's acceptance, by �' ��.-,r/ /// ,��>� date Approval stamp of Y.innesota Pollution Control Agency (MPCA): --ALL CHANGE ORDERS must be submitted to the MPCA. MPCA approval stamp is REQUIRED if this CHANGE ORDER alters the scope or obje:*_ive of the project. MPCA 2/82 5/84 1/89 10/89 I it 1 - 7 CHANGE ORDER NO. 3 E-9201-D DESCRIPTIN OF CHANGE ORDER This change order is for repairing an existing sanitary manhole to prevent groundwater infiltration from entering the system. See the attached sheet for the manhole location. Below is a breakdown of the costs: Foreman: 8 hrs @ $SS.00 = $440.00 Laborer: 8 hrs @ $42.00 = $336.00 Material: lump sum = $170.00 TOTAL CHANGE ORDER #3........ $946.00 ell"64e \\ Future 18" sanitary <I sewer by others. Remove Existing Mr'H-1 ----7 777, - - - - - - - - - - M.H.2 -/I- 0 ALL EXISTING UTILITIES SHOWN ON PLAN ARE APPROXIMATE LOCATION. CONTRACTOR TO BE RESPONSIBLE FOR LOCATION AND VERIFICATION OF ALL EXISTING UTILITIES SHOWN AND THOSE NOT SHOWN PRIOR TO EXCAVATION. id Interstate No.94- Crossing CHANGE ORDER Change Order No. .4 Date: August 12, 1993 Original Agreement Date: December 21, 1992 nroject No. L272094-01 NA.W.OF PROJECT: 1992-11B Improvement Project (Existing Sewer System Improvements) OWNER: City of Albertville CONTRACTOR: Widmer, Inc. The Justification for this CHANGE ORDER is attached. The following changes are hereby made to the CONTRACT DOMIENTS: Original CONTRACT PRICE $ 353,422.15 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 355,481.35 The CONTRACT PRICE due to this CHANGE ORDER will be increased (decreased) by $ 640.55 The new CONTRACT PRICE including this CHANGE ORDER will be $ 356,121.90 The CONTRACT TI?.2 will be increased (decreased) by 0 calendar da�,s. The date for completion of all work will be September 8, 1993 (Date). Approvals required prior to implementation: Engineer's recommendation, by date Owner's order, by �� date a�-yam Contractor's acceptance, by date Approval stamp of Minnesota Pollution Control Agency (MPCA); --ALL CHANGE ORDERS must be submitted to the MPCA. MPCA approval stamp is REQUIRED if this CHANGE ORDER alters the scope or obJec*_ive cf the project. MPCA 2/82 5/84 1/89 10/89 __%r 1 , CHANGE ORDER NO. 4 E-9201-D DESCRIPTION OF CHANGE ORDER: This change order is for re -doing the pipe entrance location in manhole #9 and for providing a higher invert in manhole #9A as a result of lowering the sanitary sewer, so it could be extended west beyond Lamont Avenue NE. Below is a breakdown of the costs: 1. Core drill hole, MH9 $191.00 2. Install higher invert MH9A labor 8 hrs @ 42.00 = 336.00 3. Cement material for MH9A = 30.00 557.00 4. Widmer overhead & profit (15%) 83.55 TOTAL CHANGE ORDER #4...... $640.55 NOTE: This work has already been completed. CHANGE ORDER Chance Order No. 5 Date: August 12, 1993 Original Agreement Date: December 21, 1992 nroject No. L272094-01 NA}� OF PROJECT: 1992-11B Improvement Project (Existing Sewer System Improvements; OiNNZR: City of Albertville C0N7F_1 TOR: Widmer Inc. The Justification for this Cr.ANG E ORDER is attached. The following changes are hereby trade to the CONTjVICT DOCLI '#ZNTS: Original CONTRACT PRICE $ 353,422.15 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 356, 121.90 The CONTRACT PRICE due to this CHA.NN.GE CRD= E will be 44k4z444&sc (decreased) by - $ 150.00 The new CONTRACT PRIG including this C ANGE ORDER will be S 355,971.90 The CONTRACT TINL, will be increased (decreased) by 0 calendar da�,s. The date for ccnpletion of all work will be September 8, 1993 (Date). Approvals required RELcr to in-plenentation: Encineer's reccmmendation, by � Q/ date Owner's order, by%ii47/��j date Contractor's acceptance, by /� �Z_ � /� date S-- - / J", Approval stamnp of Minnesota Pollution Control Agency (KPCA) ; --ALL CHANGE ORDF-RS rust be submitted to the MPCA. XPCA approval stanp is F`QUIRc.D if this CNA.NGS ORDER alters the scope Or objective of the project. •''SPCA 2/82 5/64 1/89 1p/gg 26.1-1 CHANGE ORDER NO. 5 E-9201-D DESCRIPTION OF CHANGE ORDER: This change order is for paving the bituminous wear course on 57th Street NE and Lander Avenue NE during the 1993 construction season, versus the 1994 construction season as originally specified. Because of this change, the City will receive a credit for not having to adjust the manholes on Lander Avenue NE. Credit for manhole adjustment on Lander Avenue NE: 3 each @ 50.00 = $150.00 Total Change Order No. 5....... $150.00 CHANGE ORDER Change Order No. 6 Date: August 12, 1993 Original Agreement Date: December 21, 1992 "roject No. L272094-01 NA?r_OF PROJECT: 1992-11B Improvement Pro'ect (Existing Sewer System Improvements) OWNER: City of Albertville CONTRACTOR: Widmer Inc. The Justification for this CHANGE ORDER is attached. The following changes are hereby made to the CONTRACT DOCUMrNTS: Original CONTRACT PRICE $ 353,422.15 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 355,971.90 The CONTRACT PRICE due to this CHA-NGE ORDER will be increased (dwWWWby $ 750.00 The new CONTRACT PRICE including this CHANGE ORDER will be S 356,721.90 The CONTRACT TI1,2 will be increased (decreased) by 0 calendar days. The date for completion of all work will be September 8, 1993 (Date). Approvals required prior to implementation: 7naineer's recor,.mendation, by date Owner's order, by date ;V7—Jr,3 Contractor's acceptance, by ��';, �Lvc.� (.C/� date F-j,f-)�' Approval stamp of finnesota Pollution Control Agency (MPCA) --ALL CHANGE ORDERS must be submitted to the MPCA. YPCA approval stamp is REQUIRED if this CHhNGE ORDER alters the scope or ^bjective of the project. XPC.A 2/82 5/84 1/89 10/89 CHANGE ORDER NO. 6 E-9201-D DESCRIPTION OF CHANGE ORDER: This change order is for raising the castings of three manholes which were either taking water through the top, under bituminous or too low. The three castings raised are shown on attachments A and B. Below is a breakdown of the costs: Raise existing MH castings: 3 each @ $250.00 = $750.00 Total Change Order No. 6....... $750.00 Note: A portion of this work has already been completed. i917,07ew ov- /f Future 18" sanitary sewer by others. Kemove Existing M�1H..fa6 Ash M.H.2 t, ASfjtA e � � •• 0604 f t ALL EXISTING UTILITIES SHOWN ON PLAN ARE APPROXIMATE LOCATION. CONTRACTOR TO BE RESPONSIBLE FOR LOCATION AND - VERIFICATION OF ALL EXISTING UTILITIES SHOWN AND THOSE NOT SHOWN PRIOR TO EXCAVATION. d Interstate No.94 Crossing ........... .......................� ......................... ..............�........ ..................... NU 1 t: Contractor to remove enough bituminous to complete sewer installation.77-21 NOTE: Contractor to provide and maintain concrete jersey barricades around all trenches? adjacent to the county road. o ? • �, Sod �.Q. � f� ti r �X'D, / Re nstall e) !z �q' Install�2 1/2° & 5 a �, oa b� bG /,cb• 11 1/4° 6 IP bens a � . Abandon /Xisting 8" VCP lip 1 � � J Install s eetid be ind end to pro ide additi al locking / o , prot ction �,/" �5/fin 'sf �7 •pA�,oSaNva • �b ��tihr�s/ �A Ic R ove M1 casting :nd d rings.Fil abandone pipe_s M.H. \ 'th a lean mix a fill conforming/ to nDot Specifi tion 2520 Abandon xisti %ben VC NOTE: Shaded area denotes J ✓ bituminous- to -be- rer Install shee ing M.H. and •• watermain a required to provide Lan protection fo the watermain. :.....s ....... ... ...:........ .. _.......__ _.._......... o : ............... ................. .. .. _..........................._...................................... ............... ;.._.... ........... :............. .... RESOLUTION #1993-26 RESOLUTION APPROVING PERMIT FOR STATE GAMBLING LICENSE FOR ALBERTVILLE AREA JAYCEES BE IT RESOLVED by the Council of the City of Albertville: That the City Council does hereby approve the application of the Albertville Area Jaycees for a permit for a State Gambling License (Premise Permit) to operate such lawful gambling from Albertville Bar, 5788 Main Avenue NE, Albertville, MN 55301. PASSED this 7th day of September, 1993. Michael Potter, Mayor ATTEST: Linda Houghton, City Clerk RESOLUTION #1993-27 RESOLUTION APPROVING PERMIT FOR STATE GAMBLING LICENSE FOR ALBERTVILLE AREA JAYCEES BE IT RESOLVED by the Council of the City of Albertville: That the City Council does hereby approve the application of the Albertville Area Jaycees for a permit for a State Gambling License (Premise Permit) to operate such lawful gambling from St. Albert's Parish Center, 11458 57th Street NE, Albertville, MN, on January 2, 1994. PASSED this 7th day of September, 1993. Michael Potter, Mayor ATTEST: Linda Houghton, City Clerk JNTy � DARLA M. GROSHENS 4�> � Wright County Auditor / Treasurer F. 0. *,S� Z Wright County Government Center m 10 N. W. 2nd Street tV Buffalo, Minnesota 55313-1193 '�► O Phone: (612) 682-7578 �y Metro: (612) 339-6881 7E3 5 5 FAX. (612) 682-6178 Linda Houghson August 20, 1993 Albertville City Clerk PO Box 131 Albertville MN 55301 Re: Truth -in -Taxation Hearings - Payable 1994 As required by the Truth -in -Taxation legislation, we are notifying you that the Wright County Public Hearing date has been set as follows: Date: December 14, 1993 Time: 7:00 P.M. Place: Commissioners' Board Room Wright County Government Center and will reconvene, if necessary, on December 20, 1993 at 7:00 P.M. Attached is a listing of hearing dates, as set by the Wright County area School Districts. We are requesting that you now set the City's date and time for your public hearing and for a reconvening hearing, if needed. The dates selected for initial hearings and for continuation hearings, if necessary, must fall within the time period of November 29, 1993 through December 20, 1993. Please note law changes for payable 1994 levies: The proposed and final property tax levies certified by the taxing authority to the County Auditor must be after the deduction by the taxing authority of the certified amount of its homestead and agricultural credit aid (HACA) for the taxes payable year 1994. As directed by the MN Department of Revenue, we are asking you to certify to us in writing, on or before September 15, 1993 the dates, times, and location you have selected for your hearings and your proposed property tax levy certified for payable 1994 taxes. The final property tax levy must be certified to us "on or before 5 business days after December 20, 1993." As you are aware, these hearing dates must not conflict with the hearing dates of the County or of the School District(s) in which the City is located. If you have any questions, please call 682-7578. Sincerely, Darla M. Groshens DMG:gg WRIGHT COUNTY AUDITOR/TREASURER Equal Opportunity / Affirmative Action Employer JNTY O,p DARLA M. GROSHENS Wright County Auditor / Treasurer Z Wright County Government Center 3: POA 10 N.W. 2nd Street Buffalo, Minnesota 55313-1193 Q Phone: (612) 682-7578 'Ciy Metro: (612) 339-6881 7a 5 FAX: (612) 682-6178 TRUTH IN TAXATION HEARINGS (1994) - WRIGHT COUNTY SCHOOLS 1. S.D. 111 - Watertown/Mayer Tuesday, Dec. 7 & Thursday, Dec. 16 - 7:30 P.M. - Board Room - Middle School. 2. S.D. 425 - Silver Lake Monday, Dec. 6 - 8:00 P.M. - Multi -Purpose Room. 3. S.D. 427 - Winsted Thursday, Dec. 9 & 16 - 8:00 P.M. - Winsted Public School Library. 4. S.D. 466 - Dassel/Cokato Thursday, Dec. 9 - 7:00 P.M. - Dassel/Cokato High School - Board Room. 5. S.D. 728 - Elk River Tuesday, Nov. 30 & Tuesday, Dec. 7 - 7:00 P.M. - Community Education Center. 6. S.D. 742 - St. Cloud Thursday, Dec. 9 & Dec. 16 - 6:30 P.M. - Board Room - Dist. Adm. Office. 7. S.D. 876 - Annandale Monday, Nov. 29 - 7:00 P.M. & Monday, Dec. 13 - 6:00 P.M. - Bendix Music Room. 8. S.D. 877 - Buffalo Monday, Dec. 6 - 6:00 P.M. & Thursday, Dec. 9 - 7:00 P.M. - Jr. High Library. 9. S.D. 879 - Delano Tuesday, Nov. 30 & Monday, Dec. 13 - 7:00 P.M. - High School Library. 10. S.D. 880 - Howard Lake/Waverly Monday, Dec. 6 & Dec. 13 - 8:00 P.M. - High School Library. 11. S.D. 881 - Maple Lake Monday, Dec. 13 & Wednesday, Dec. 15 - 8:00 P.M. - High School Library. 12. S.D. 882 - Monticello Monday, Dec. 6 & Dec. 13 - 7:00 P.M. - Bd. of Ed. Meeting Rm. - High School. 13. S.D. 883 - Rockford Thurs., Dec. 2 - 6:30 P.M. & Thurs., Dec. 9 - 6:00 P.M. - Bd. Rm. - Int. School. 14. S.D. 885 - St. Michael/Albertville Monday, Dec. 6 & Wednesday, Dec. 8 - 7:30 P.M. - Senior High School. Equal Opportunity / Affirmative Action Employer FIRE PROTECTION AGREEMENT This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota and the City of Otsego, in the County of Wright in the State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in Otsego, and THEREFORE, it, is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego lying within the areas outlined in red on the attached map. Such fire protection and emergency medical response services shall be provided from October 1, 1993, through December 31, 1994. 2. Otsego shall agree to pay Albertville $665.51 in exchange for the provision of fire protection and emergency medical response services as described above from October 1, 1993, through December 31, 1993, and $2,666.06 for the period Janauary 1, 1994, to December 31, 1994. Payment of the amount due for 1993 shall be made on or before November 1, 1993. Payment due for the year 1994 shall be made in two equal installments of $1,333.03 on or before July 1, 1994, and December 31, 1994. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. 1 b. In the event that a sufficient, amount of the fire fighting/medical equipment and number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgement of the Fire Chief or his Deputy, to fighting pre-existing fires or attending pre-existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, and no person or party shall have recourse against the City of Albertville for refusal to answer such call. A pre-existing fire/medical emergency to which the fire department of Albertville is called previous to receiving the call from Otsego and which fire is still being fought or medical emergency is still being attended to by the Albertville fire department at the time the call from Otsego is received. C. In the event a fire call by Otsego is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both are needed to fight a fire in Albertville or protect property in Albertville from a fire, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in their judgement recall the fire equipment and firemen to Albertville for the purpose of fighting the fire in Albertville. The judgement of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville for any damages or losses resulting from such action or decision. 4. The parties acknowledge the fact that Albertville may enter into similar contracts with other municipalities, and acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that a fire call under any such contract preceding a call in Otsego could be a valid and reasonable basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in Otsego. 5. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing fire fighting equipment and firemen, which equipment and firemen could be called by the Chief or his Deputy to a fire in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if in the sole judgement of the Chief or his Deputy, such additional fire fighting equipment and firemen are needed to fight a fire in Otsego and are in fact called to such fire by the Chief or h i s Deputy. 2 6. Albertville shall immediately initiiate negotiations with the Township of Frankfort and the City of Otsego for the purpose of establishng a fire protection committee. The parties hereto specifically contemplate the establishment of a fire protection committee on or before September 1, 1994. IN WITNESS WHEREOF the parties have hereunto set their hands and seals this day of , 1993. CITY OF ALBERTVILLE M Michael Potter, Mayor Attest: Linda Houghton, City Clerk CITY OF OTSEGO By: Mayor Attest: City Clerk 3