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1994-02-07 CC Agenda/Packet• ALBERTVILLE CITY COUNCIL AGENDA February 7, 1994 I. CALL MEETING TO ORDER II, APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV, FOLLOW-UP SHEET * January 18, 1994 V. APPROVAL OF THE MINUTES * January 18, 1994 - Regular Meeting VI. COMMUNITY FORUM - Diane Vinge - Culvert size VII. DEPARTMENT BUSINESS A. MAINTENANCE DEPARTMENT • _ Park Shelter Alarm Ren's Request to attend Conference entitled Innovative Approaches to WW Operational Problems on Feb. 22, 1994, at St. Cloud Holiday Inn Cost: $30.00 - Project Updates B. ENGINEERING - Resolution #1994-2, Request Wright County to realign intersection of Co. Rd. 37 & 19 - Project Updates C. Legal 8:OOPM - Closed Meeting re: Ackerman Litigation 8:15PM - Closed Meeting re: 50th St. Assessment Litigation D. ADMINISTRATION * Financial Statement (Jan. 13 - Feb. 1, 1994) * Approve bills (Check #P1009 - P1014 and #8208 - 08238) * Approve Application for Authorization for Exemption from Lawful Gambling License for School of St. John's Prep Alumni Assoc. * Approve 3.2 Liquor License for St. John's Prep Alumni Assoc. for April 23, 1994 • at St. Albert's Parish Center, 5 PM - Midnight * Joint Powers Agreement for the ad of the Wetlands Conservation Act. * Accept resignation of Pan Roden from Park Board Discussion of intern Administrator U • - Discussion of consulting firms: City's goals - Open Meeting Law Defense Cost Coverage City cost: $500 per year Vetsch Custom Cabinet quote for shelving in file room Remove pop machine in old City Hall Install Telephone at old City Hall $75.75 installation fee, plus 9.50 per month chg. for extension Rich Miller easement discussion - 50th Street - Otsego Creek Authority Meeting 1/31/94 1. Approve cost sharing formula 2. Approve release form 3. Approve Temporary Construction Easement form. VIII. ADJOURN UPCOMING MEETINGS/IMPORTANT DATES February 7 City Council - Special Meeting - 7:00 PM Budget Amendment re: Recycling Cost Increase February 7 City Council - Regular Meeting February 8 Planning Commission - Regular Meeting Will meet w/Park Board February 10 Otsego Creek Authority - Informational meeting, 8:00 PM, Otsego City Hall February 14 Fire Building Committee Meeting - 7:00 PM February 17 Park Board - Regular Meeting February 22 City Council - Regular Meeting /"N ALBERTVILLE CITY COUNCIL February 7, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Sharon Anderson, Albert Barthel and John Vetsch, City Clerk Linda Houghton, City Engineer Pete Carlson, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: Community Forum Diane Vinge will not address the Council tonight Administration (1) Approval of the following additional bills: Bill Valerius - $1,606.93 for Fire Dept. computer State Fire School - $300 for three firemen WW Operational Problems Seminar - $30 (2) Consider designating the old City Hall as a Community Center (3) The appointment of Councilmember Sharon Anderson to the Planning Commission and Councilmember Barthel to the Park Board Berning made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the Follow -Up Sheet from the January 18, 1994, meeting as presented. Barthel seconded the motion. All voted aye. Councilmember Berning requested that acceptance of Pam Roden's resignation from the Park Board be removed from the consent agenda. The minutes of the January 18, 1994, meeting were amended by the following additions: Page 2, Paragraph 7 - Linda will provide monthly comp reports to the Council. Page 5, Paragraph 8 - Councilmember Vetsch stated that four years of college would be required to acquire a degree in Public ADministration. Page 5, Paragraph 1 - .newsletter should be sent out May 15 and October 15." Vetsch made a motion to approve the minutes of the January 18, 1994, meeting as amended. Barthel seconded the motion. All voted aye. Judy Leming, representing Edina Realty, addressed the Council regarding sewer availability to the Bob Heuring property located at the intersection of County Road 19 and 50th Street. She ALBERTVILLE CITY COUNCIL February 7, 1994 Page 2 of 5 explained that the buyer of the property has been unable to make an agreement with Doug and Beatrice Psyk to extend the sewer mains up to this property. Since extending the sewer lines through the Psyk property is the most desirable method of serving the Heuring property, Leming asked the Council to consider condemnation of approximately 1000' of Psyk's property for an easement for a sewer line. The Council will take Leming's request under consideration at another time. Pam Roden addressed the City Council regarding her resignation letter dated January 12, 1994. She has served on the Park Board for approximately 18 months. She detailed her reasons for her decision to resign and stated she felt that the Park Board was unable to accomplish goals. Park Board Member Kevin McIntosh explained that the Park Board member do not have an understanding of what the job of the Park Board should be and would like to meet with the City Council to discuss the issue. Anderson made a motion to set a special joint meeting with the Park Board on Thursday, February 17, 1994, at 7:00 PM. Berning seconded the motion. All voted aye. AOON Anderson made a motion to accept with regret Pam Roden's resignation from the Park Board. Berning seconded the motion. All voted aye. Jeff Kopp asked the Council how it planned to deal with the condemnation request from Judy Leming. Councilmember Berning requested that Attorney Mike Couri and City Engineer Pete Carlson look into the issue to determine what is in the best interests of the City and provided their recommendations in correspondence to the Council. Anderson made a motion to recess the meeting at 8:10 PM and meet in a closed session to discuss litigation regarding the Ralph Ackerman lawsuit and the 50th Street assessment appeals. Barthel seconded the motion. All voted aye. Mayor Potter reconvened the regular meeting of the City Council at 8:45 PM. Ken Lindsay discussed the number of times the Park Shelter alarm has gone off. The problem is that the building is not being locked at night. He explained that two people had agreed to lock the shelter at night, but it has remained unlocked frequently. Mayor Potter or Park Board Chairman Mary Vetsch will make sure the building is locked. /'N Potter made a motion to allow Ken to attend the Innovative Approaches to Wastewater Operational Problems seminar on February 22, 1994, at a cost of $30. Barthel seconded the motion. ALBERTVILLE CITY COUNCIL February 7, 1994 Page 3 of 5 Councilmember Vetsch stated that he feels that since the seminar benefits the employee as well that the employee should pay at least a portion of the costs. Engineer Pete Carlson advised the Council that the upgraded wastewater treatment plant will require more training and education for the operator and operators can benefit greatly from discussions with other wastewater operators at these seminars. Mayor Potter called for a vote on the motion. Berning, Anderson, Potter and Barthel voted aye. Vetsch voted no. The motion carried. Ken reported that the John Deere tractor has required some repair work resulting from damage occurring when cleaning the sidewalks. Another problem encountered in cleaning the sidewalks have been garbage cans that are left on the sidewalk. The Council asked Linda to send letters to the residents of Main Street and 50th Street asking for their cooperation in removing the garbage cans from the sidewalk as soon as possible. Engineer Pete Carlson reported that he had discussed the realignment of the intersection of County Road 19 and 37 with Wright County Engineer Wayne Fingalson. Since the County had not budgeted funds for this project, Fingalson has advised that the City adopt a resolution requesting the realignment that he can present to the Wright County Commissioners. Pete indicated that if the County agrees to realign the intersection, some financial participation from the City will probably be requested. Anderson made a motion to adopt RESOLUTION #1994-2 requesting the County to realign the intersection of County Road 37 and 19. Berning seconded the motion. Berning, Anderson, Potter and Barthel voted aye. Vetsch voted no, stating that he was unwilling to vote for a resolution that could cost the City financially. The motion carried. Vetsch made a motion to approve the Financial Statement for the period January 14 - February 1 as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve payroll checks #1009 -1014 and Check #'s 8208 - 8241. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the application for Authorization for Exemption from Lawful Gambling License for the School of St. John's Prep Alumni Organization. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve a 3.2 Liquor License for St. John's Prep Alumni Association for an event to be held at the St. Albert's Parish Center from 5:00 PM to midnight April 23, 1994. ALBERTVILLE CITY COUNCIL February 7, 1994 Page 4 of 5 Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the Joint Powers AGreement for the administration of the Wetlands Conservation Act with the WRight Soil and Water Conservation District. Barthel seconded the motion. All voted aye. Councilmember Anderson recommended that the Council check into hiring an interim administrator who can assist in Planning & Zoning issue and in Economic Development. She has been in contact with Dale Powers, who is willing to consider the position for six months, with no prospect of continued employment beyond that time. Attorney Couri advised the Council that the City is not required to advertise for a position. The Council could request that Powers waive his rights under the Data Privacy Act and conduct an interview at a public meeting. He further advised that the Council set the format for the interview beforehand. Anderson made a motion to tentatively set up an interview with Dale Powers to be conducted at a public meeting held on either Tuesday, February 15, or Friday, February 18, at 7:00 PM. No decision on hiring will be made at this meeting. Berning seconded the motion. All voted aye. Linda will post notice of the meeting as soon as it has been determined. Linda was asked to get more information on the services of the two consulting firms she has contacted in regards to long range goal planning meetings. Linda presented the premium costs for the Open Meeting legal fees insurance available. The premium is based on 1 1/2% of the City's total liability, or $500, whichever is smaller. Anderson made a motion to purchase the insurance coverage for the City Council at a cost of $500 per year. Vetsch seconded the motion. All voted aye. Councilmembers Vetsch and Berning stated they will both abstain from the discussion and vote regarding the proposal from Vetsch Custom Cabinets for shelving in the file room at City Hall. Anderson made a motion to accept the proposal to construct shelving and to remodel one cabinet in the conference room from Vetsch Custom Cabinets as a cost of $656.00. Barthel seconded the motion. Anderson, Potter and Barthel voted aye. Vetsch and Berning abstained. The motion carried. The Council agreed discontinue the rental of the pop machine in the old City Hall. The easement over the Rich Miller property was discussed. Couri recommended that in the future the clerk and the engineer ALBERTVILLE CITY COUNCIL February 7, 1994 Page 5 of 5 should be present when easement are attained to avoid differing opinions on what was agreed upon. The question to be addressed is to determine if the drainage Swale is in fact constructed within the easement area. The Council referred the question to Engineer Pete Carlson. Potter made a motion to approve the cost -sharing formula, the release form, and the temporary construction easement as proposed by the Otsego Creek Authority. Berning seconded the motion. All voted aye. Attorney Couri was directed to get information regarding converting the old city hall into a community center to Linda this week for the Council to review at the next meeting. Berning made a motion to approve the appointment of Sharon Anderson to the Planning Commission and the appointment of Albert Barthel to the Park Board effective March 1, 1994, as recommended by Mayor Potter. Vetsch seconded the motion. All voted aye. There was no additional business and Mayor Potter adjourned the meeting at 10:30 PM. Michael Potter, Mayor Linda Houghton, Clerk ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS February 7, 1994 III, APPROVAL OF CONSENT AGENDA * Financial Statement (Jan. 13 - Feb. 1, 1994) * Approve bills (Check #P1009 - P1014 and #8208 - #8238) Approve Application for Authorization for Exemption from Lawful Gambling License for School of St. John's Prep Alumni Assoc. * Approve 3.2 Liquor License for St. John's Prep Alumni Assoc. for April 23, 1994 at St. Albert's Parish Center, 5 PM - Midnight * Joint Powers Agreement for the ad of the Wetlands Conservation Act. Accept resignation of Pam Roden from Park Board CITY OF ALBERTVILLE FOLLOW UP SHEET JANUARY 20, 1994 DATE ACTION TO BE TAKEN PERSON 6/21 Review sewer rates in 6 months. Caxril 12/20 Procedure Book Linda/Ann 12/20 Prepare detailed 1993 expenditure report on Linda WWTF. 1/3 Meet with W.C. Sheriff's Dept. re: clarification Linda of addresses on Jason, 61st, and 62nd. 1/3 Obtain copies of ordinances regulating closing Linda times in the bars and regulating minors in those establishments. 1/18 Get original plan notes from the Rich Miller Linda 1/31 easement and all other 50th Street easements 1/18 Review comp time issue in six months Oarx;il 1/18 Check resources available for assistance in Linda goal planning and objective setting 1/18 Get cost estimate from The Brimeyer Group for Linda one day planning sessions 1/18 Get information on insurance for legal coverage Linda 1/20 for Open Meeting violations 1/18 Prepare semi-annual newletters in May & October Adrmn. 1/18 Meet with Linda to discuss Zoning Administrator Ben-rq duties Potter ALBERTVILLE CITY COUNCIL January 20, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Sharon Anderson, Albert Barthel and John Vetsch, City Clerk Linda Houghton, City Engineers Thore Meyer and Norm Gartner Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: Community Forum Diane Vinge will not address the Council until the February 7, 1994, meeting Administration (1) Discussion on whether to pursue an administrator (2) Discussion on reclassification of secretary and maintenance assistant positions from permanent full-time to permanent part-time (5 hours per day) (3) Discussion on having Zoning Administrator attend Planning & Zoning meetings 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 December 20, 1993, and January 3, 1994, meetings as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the minutes of the December 13, 1993, special meeting as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the minutes of the January 3, 1994, meeting as presented. Vetsch seconded the motion. All voted aye. The minutes of the January 10, 1994, special meeting to discuss the proposal from The Brimeyer Group to recruit an administrator were amended on Page 2, Paragraph 9, to read "the salary would range up to $50,000". Berning made a motion to approve the minutes of the January 10, 1994, meeting as amended. Vetsch seconded the motion. All voted aye. The Council discussed Rich Miller's concerns over the easement he signed for the 50th Street project. Miller claims that before he signed the easement, he was promised a second driveway, which he did not get. He is looking for some compensation for the approximate 1200 square foot easement that he signed. Linda was directed to contact Meyer-Rohlin and get the original plan notes ALBERTVILLE CITY COUNCIL January 20, 1994 Page 2 of 6 from the Miller property. Linda will also get copies of all other easements granted for the construction of 50th Street. The Council will discuss the issue at the next meeting. Because the attorney was not yet present, the Council moved onto the Administration agenda. Berning made a motion to approve the Financial Statements from December 16 - December 31, 1993, and from January 1 - January 12, 1994, as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve payment of Check Vs 8169 - 8205 as presented. Vetsch seconded the motion. All voted aye. Berning made a motion the following businesses: Albertville Bar Don's Auto Hack's 152 Club Pat's 66 Vetsch seconded the motion. to approve 1994 Cigarette Licenses for All voted aye. Berning made a motion to approve 1994 Gaming Licenses for the following businesses: Albertville Bar - 6 machines 152 Club - 5 machines Vetsch seconded the motion. All voted aye. Councilmember Anderson questioned whether the City should continue to allow employees to accrue comp time rather than paying overtime directly. Linda explained that the City would pay additional payroll taxes if straight overtime were paid each pay period. Linda stated she personally prefers to accruing comp time and having the option of taking an afternoon or a day off occasionally. The policy is that employees can accrue only up to 24 hours of comp before they are required to be paid for the overtime. Anderson indicated that she felt the Council would have a better handle on overtime hours if the employees were paid straight overtime. Anderson made a motion that employees be denied comp time and be paid at an overtime rate for additional hours. The motion died for a lack of a second. Councilmember Vetsch requested that the Council review the comp time issue again in six months. The Council discussed the proposal from The Brimeyer Group to recruit an administrator. Linda expressed the opinion that the Council may be premature in contracting with a group to locate an administrator when the Council may not have clear objectives or goals in mind. She suggested that the Council consider the option ALBERTVILLE CITY COUNCIL January 20, 1994 Page 3 of 6 that Jim Brimeyer discussed regarding a goal setting and objective planning session with the Council and the other various boards to establish a plan. Councilmember Berning indicated that a person had contacted him concerning a part-time administrator's position. He indicated that he is not convinced that a person willing to accept a part-time administrator cannot be located. Resident Jim Walsh told the Council he is agreement with the City establishing a goal and objective plan and there are other firms that assist companies with that project. His firm used a consultant to assist in this area and he is willing to give that person's name to the City to contact. The Council concurred that Linda should check out what resources are available to assist Cities in setting goals and objectives by contacting the League of Minnesota Cities. She was also directed to contact The Brimeyer Group to get a cost estimate for their services in a planning session. Jim Walsh will provide the source his firm used and Linda wi11 contact that firm as well. The Council will consider the available information at the next Council meeting. Berning made a motion to approve the contract with Diversified Inspection Services for 1994 as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the contract with Wright Recycling services for 1994 at a $600 per month cost. Vetsch seconded the motion. All voted aye. Linda explained that she had reviewed the 1994 budget and could find no area other than a capital outlay item where money could be moved to cover the increase in the recycling costs from $435 a month to $600 per month. The Council suggested that the maintenance department could do without a pressure washer that was budgeted, since there is one at the expanded wastewater treatment plant. Linda will discuss the question with the maintenance deparmtne and make a recommendation for amending the 1994 budget to cover the additional expense in recycling. Vetsch made a motion to set a special meeting for February 7, 1994, for the purpose of amending the 1994 budget to include the increased recycling costs. City Attorney Mike Couri reviewed the Indemnification Agreement with Kenco, Inc. for Parkside 2nd Addition. City Engineer Pete Carlson recommends that gravel should be down before building permits are issued. However, the Certificate of Occupancy is always the leverage that can be used to insure that the street is completed. Couri explained that according to the Developer's ALBERTVILLE CITY COUNCIL January 20, 1994 Page 4 of 6 Agreement June 30th is the deadline for completion of the first lift of blacktop. The Council concurred that the Indemnification Agreement will expire on its own on August 31,1 994. Attorney Couri reviewed the Legal Services Contract with the Council. The contract will be amended to include that Radzwill Law Office will make available to the City proof of its Errors and Omissions Insurance coverage. Anderson made a motion to approve the Legal Services Contract with Radzwill Law Office for 1994 as amended. Berning seconded the motion. All voted aye. Couri next reviewed the contract for engineering services for 1994 with RCM. The contract is based on standard engineering guidelines. Pete Carlson told that Council that at their discretion he would write give the Council a memo regarding his estimate of hours needed and the projected cost of his work. Couri recommended that the Council contracts all engineering work on an hourly basis, unless the Council chooses to use a total project cost. CArlson indicated that he prefers to use a not -to -exceed figure when going on the hourly rate. Couri also recommends that the engineer provide the City proof of Errors and Omission insurance. Vetsch made a motion to approve the contract with RCM with the amendments as recommended by Attorney Couri. Anderson seconded the motion. All voted aye. Mayor Potter updated the Council on the joint meeting with Pete Carlson, Thore Meyer and Norm Gartner. The result of the meeting is that Meyer-Rohlin, Inc. will complete the projects currently under construction. The projects to be completed by Meyer-Rohlin are Psyk's 5th, Hardwood Ponds 2nd, Westwind 3rd, Parkside 1st and 2nd, 50th Street, expansion of wastewater treatment facility, sewer upgrade project on Main Avenue, the Savitski ditch cleanout and Barthel Commercial Park. The projects that have been discussed, but are not at this point under construction, will be under the direction of RCM. These include the Frankfort/MNDoT/Albertville Drainage project, the I-94 water and sewer crossing and the Otsego Creek agreement. Mayor Potter presented a letter of appreciation to Ken Lindsay recognizing his efforts to plow snow even though he was under doctor's orders to stay home from work. Linda was directed to get further information on the new insurance available for public officials to pay legal expenses against charges of violation of the Open Meeting Law. The Council agreed to have the thermostat in the Park Shelter building moved to an area inaccessible to the general public at a cost of approximately $50. ALBERTVILLE CITY COUNCIL January 20, 1994 Page 5 of 6 The Council discussed having the City staff prepare a semi- annual newsletter in the spring and fall. The Council agreed that the newsletter should be sent out in May and October. Linda will contact each City board to get articles of interest for the newsletter. Vetsch made a motion to accept the proposal from Franklin Outdoor Sign to letter the door and to change the exterior sign for City Hall in the amount of $566.00. Berning seconded the motion. All voted aye. The Council again discussed whether to pursue hiring an administrator for the City. Councilmember Vetsch stated that he thinks an administrator is needed somewhere along the line but he is not sure whether the City needs a full-time or a part-time administrator. Howard Larson feels that the City first needs to review the Comprehensive Plan and determine exactly what the City is looking for before any decision is reached. As discussed earlier in the meeting, Linda will gather information on what services are available to aid the City is setting goals and objectives. Mayor Potter stated that he feels the City currently requires between 1.5 and 1.75 employees in each of the Administrative and Maintenance Departments. He proposed to reclassify the secretarial position and the maintenance helper position from permanent full- time to permanent part-time at five hours per day. Linda pointed out that the fourth lowest employee per capita in the state is Brooklyn Park and they have 3.65 employees per 1000 residents. Based on that formula and an estimated 1993 population of 1500, the City would employ 5.5 employees, compared to its four current employees. Jim Walsh stated that he has the feeling that this Council is on a "witch hunt" and is looking for a reason to get rid of each of the current employees. Councilmember Berning stated he does not agree with Walsh's comments. Howard Larson stated that since the City hired its current employees on a 8-hour per day basis, he feels it is unfair and unbusiness-like for the Council to cut back employee hours without giving the employees some prior notification. Kathy Hanson questioned why the Council chooses not to invest in their current employees by educating them in specific areas. There was no further discussion or decision reached regarding employee status. ALBERTVILLE CITY COUNCIL January 20, 1994 Page 6 of 6 Mayor Potter also brought up that he feels the Zoning Administrator should attend all Planning Commission meetings. Linda explained that it had been policy for her not to attend the meetings, however, she meets with the planner monthly to discuss projects coming before the Commission and she meets with Ann after each Commission meeting to discuss and review the actions. Howard Larson, a member of the Planning Commission, stated that since he has been on the Commission, he is unaware of any problems that have resulted from Linda not being at the meeting and he has never been disappointed in how the meetings are handled. Attorney Couri suggested that two Councilmembers meet with Linda to discuss the situation and work out the details together. Mayor Potter and Councilmember Berning will meet with Linda. Linda was directed to contact Kerry Saxton from the Soil Conservation District to see how to get aerial photos of the City. Berning made a motion to adjourn at 10:45 PM. Anderson seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk TRUCKING W.B.E., INC. December 7, 1993 City of Albertville P.O. Box 131 Albertville, MN 55301 Re: Burlington Northern-Savitski Drainage Dear Sirs, I have instructed Ron Geurts with Meyer-Rohlin to proceed with the engineering and formal calculations for the installation of a storm sewer on our property. L & D will pay the City of Albertville the costs associated with Meyer Rohlin's work pursuant to the storm sewer. I trust this meets with your approval as communicated to me by Ron Geurts today. S' rely, Diane Vinge cc: Ron Geurts 11800 Lachman Avenue N.E. P.O. Box 168 Albertville, MN 55301 (612) 497-1777 MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25N., Buffalo, Minn.55313 Phone 612-682-1781 January 12, 1994 City of Albertville c/o Linda Houghton, Clerk Box 131 _lbertville, MN 55301 RE: Burlington Northern/Savitske Drainage Honorable Mayor and City Council: On December 21, 1993, L&D Trucking requested some comparative cost estimates regarding the above -referenced project. Below is the partial price itemization. 21" RCP 30" RCP 152' of pipe @ $16/ft and $29/ft (Class III circular) 2,432 4,408 labor 1,668 1,820 flared ends 525 737 Class 5 gravel (pipe cover & parking lot fill) 350 2,500 1" crushed rock (pipe bedding) 450 500 Rip -rap 150 150 TOTALS $5,575 $10,115 These numbers are only estimates and should be treated according- ly. I have not addressed any weather condition factors, taxes, engineering fees, or other contingencies. Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor City of Albertvi.11- page 2 If you have any questions, please do not hesitate to contact me. Sincerely, MEYER-ROHL IN ,�' INC. Ronald Geurts Engineer cc: E-9301-A L&D Trucking -pro Flo /�� ,�.► f(C l okdl �+-+ r/✓� s C a N G /1. sN M 4 N 1 7- fl 'r �- LEST` vim J f� r S � ►t � :..� Lr C �-,.y � . �.e rid �.; sentrw svAtems. Inc 4264627 - P-02 SENTRY SYSTEMS, INC. Alarm ActivitY Report fr* om 12/01/93 to n2/75/QA -------------------------------------------------------------------- 2:29AM RESTORE: ZONE A05 2:30AM-BURGLARY: MAIN ROOM MOTION DETECTOR riy 2: 30AM ..-2:32AM .2: 32AM 4, 2.: 3 7AM RESTORE: ZONE AOS BURGLARY: WEST ENTRY DOOR RESTORE: ZONE A01 CANCELLATION: CANCELLATION 41/25 12:01AM BURGLARY: MAIN ROOM MOTION DETECTOR Verified Called WRIGHT COUNTY Contacted Disp. Called MIKE RUTKOWSKI Not Contacted called KEN LINDSAY Contacted Called WRIGHT COUNTY Contacted Disp. 'Operator's Notes #: 9 #: 9 AES A05 -:-AES -:AOD A05 PD ON blumv. HAVE FOUND AN UNLOCKED DOOR. #I-N/A;#2-ETA 10*M N. UPDATED PD. 12: 01AM RESTORE: ZONE A05 12:01AM BURGLARY: MAIN ROOM MOTION DETECTOR 12:01AM RESTORE: ZONE A05 12:02AM BURGLARY: MAIN ROOM MOTION DETECTOR 12:02AM RESTORE: ZONE A05 :12:04AM BURGLARY: WEST ENTRY DOOR 12:04AM RESTORE: ZONE A01 .12:16AM CANCELLATION: CANCELLATION ------------------------------------- -------------- Printed AE5 AOS AE5. AE5 ..AOI:,. 'AE1. AOO yax.' •.` Sentry Systems, Inca 426462T N P.03 +INC SENTRY SYSTEMS-• Alarm Activity Report from 12/01/93 to-01/25•/94 yA . ^1'rQl/21 11=02PM.BURGLARY: MAIN ROOM MOTION DETECTOR AOS Verified Called WRIGHT COUNTY Contacted Disp . # : 29 Verified Verifier! Called MIKE RUTKOWSKI Not Contacted •'fj,",` Called MIKE RUTKOWSKI Not Contacted . ' . Called KEN LINDSAY Contacted Called WRIGHT COUNTY Contacted Disp . # : 29 "Operator's Notes" NA ACCT\DISP PD\NTFD KEN HE SO CANCEL PD HE KNOWS [WHAT IS GOING ON \UPDATE PD TO CANCEL_ 11 : 02PM RESTORE: ZONE A05 AE5 11:02PM BURGLARY: MAIN ROOM MOTION DETECTOR A05 11 : 02PM RESTORE: ZONE A05 AES 11:03PM BURGLARY: MAIN ROOM MOTION DETECTOR A05 11:03PM RESTORE: ZONE A05 AE5 11:05PM BURGLARY: WEST ENTRY DOOR AOZ • 11:05PM RESTORE: ZONE A01 AE1 11:07PM ACCOUNT ON TEST: AT .29 11:08PM BURGLARY: WEST ENTRY DOOR <Account On.Test>-A01 RESTORE: ZONE AO1 (Account On Test) -.AEI ...11:08PM 11:11PM BURGLARY: WEST ENTRY DOOR <Account.On Test>• A01 11:11PM RESTORE: ZONE AO1 <Account On Test>- AE1. 11:24PM CANCELLATION: CANCELLATION (Account On Test> AOD ':S1i' :OF1123 2 : 20AM BURGLARY: WEST ENTRY DOOR AO:1 Verified Called WRIGHT COUNTY Contacted Disp. #: 9 Called MIKE RUTKOWSKI Not Contacted Called KEN LINDSAY Contacted js.' •:.` "Operator's Notes" i•` DISP PD;#1-N/A;#2-ETA 10 MN. UPDATED PD. On hold by 9 Off Hold by 9 2:20AM BURGLARY: MAIN ROOM MOTION DETECTOR A05 ; .. 2 : 21AM RESTORE: ZONE A01 s' • _,:�:' Z: 21AM RESTORE: ZONE A05 BURGLARY: WEST ENTRY DOOR AO 1. ' '' •'' 2: 22AM RESTORE: ZONE A01 AE1 '.= _ •: .' " ':' 2:29AM BURGLARY: MAIN ROOM MOTION DETECTOR A05 ---- ----------------------------------__--------------- g` 4 Printed ® 8 : OOAM 01/25,r94 NNW. �Xi Sentry Systems. Inc. '4264627 : '' P.04 _ - ' SENTRY SYSTEMS. INC. 'C Alarm Activity Report from 12/01/93 to 01/25/.94 ':'i:�--.--------------- ---------------------------------------------------------- 11 : OSPM RESTORE : ZONE AO1 11:08PM BURGLARY: WEST ENTRY DOOR Verified .. Called WRIGHT COUNTY Not Contacted :-.. On. hold by 13 Off Hold by 13 11:09PM RESTORE: ZONE A01 AE1- 11:16PM BURGLARY: WEST ENTRY DOOR :A01- - 11:16PK BURGLARY: MAIN ROOM MOTION DETECTOR A45 ' 11:16PM RESTORE: ZONE AO1 AE1 11:16PM RESTORE: ZONE AOS AE5 SAT-01/01 4:58AM CANCELLATION: CANCELLATION AOD 'Operator's Notes" THANK YOU. - 11:16AM OPERATOR NOTES: COMMENTS CoM "Operator's Notes' 1116 INTRUSION 5/6 NOTATED; "PD ON SCENE." - z.;`_ .` On hold by 13 Off Hold by 13 11:26PM BURGLARY: WEST ENTRY DOOR A01 Verified ==' Called WRIGHT COUNTY Contacted Disp. #: 23 iV:•. Called MIKE RUTKOWSKI Contacted _• Called WRIGHT COUNTY Contacted Disp. #: 23 '.'` .. ."Operator's Notes" N/A PREM P.D. MIKE WILL MEET ETA 10 MINS P.D. UPDATED On hold by 23 -;: Off Hold by 9 -; On hold by 9 Off Hold by 9 11: 26PM RESTORE: ZONE AO1 :AE1 11 : 32PM BURGLARY: WEST ENTRY DOOR , A02 11 : 33PM RESTORE: ZONE A01 AE1 11 : 34PM BURGLARY: WEST ENTRY DOOR A0.1 _ �•: 11:35PM RESTORE: ZONE AO1 :AEi 11:44PM CANCELLATION: CANCELLATION A00. ------------------------------------------- -_-------------------------=---=r. '; Printed a: OOAM :"01/2-5/94 Sentry Systems, In c z, i, 2'61 62 , .. p"'03 SENTRY SYSTEMS .INC . �, Alarm-Activity.Report fr""'m 12/O1/93 to O1/2S/94- ---------------` ------ -- '+ -- ------ _ --- -- , - - - P.D. UPDATED 17, 11:16PM RESTORE: ZONE A01 AE1 11:17PM RESTORE: ZONE A05 AE° 11:20PM BURGLARY: WEST ENTRY DOOR `• A 0:1 11:20PM BURGLARY: MAIN ROOM MOTION DETECTOR ='••' qe 11:20PM RESTORE: ZONE A01 - AE1 11:21PM RESTORE: ZONE A05 AE1 11:26PM BURGLARY: WEST ENTRY DOOR A01 "Operator's Notes" P.D. HAVE BEEN DSPD 11:26PM RESTORE: ZONE AO1 AE1 11:34PM CANCELLATION: CANCELLATION AOD 11:05PM BURGLARY: WEST ENTRY DOOR A01 Verified Called WRIGHT COUNTY Contacted Disp. #: 13 Called MIKE RUTKOWSKI Not Contacted On hold by 13 Off Hold by 13 Called KEN LINDSAY Not Contacted Called MIKE POTTER Not Contacted Called WRIGHT COUNTY Contacted Disp. #: 13 On hold by 13 Off Hold by 13 "Operator's Notes" BUS N/A. DISP PD. ALL KEYS N/A. UPDATED PD. On hold by 13 Off Hold by 13 Called MIKE RUTKOWSKI Not Contacted Called KEN LINDSAY Not Contacted On hold by 13 Off Hold by 13 Called KEN LINDSAY Not Contacted Called MIKE POTTER Not Contacted "Operator's Notes" PD C/B SD WEST DOOR OPEN GET KcY TO SECURE. #1&2 N/A. #3 NTFD MIKE AT 497-3775. SO WILL COMPLY ASAP. UPDATED.PD. Called WRIGHT COUNTY Contacted Disp. #: 13 '3".`•`.' On hold by 13 Off Hold by 13 "Operator's Notes" PD C/B REG TIME OF CALL ABOUT OPEN DOOR 4 REG FOR KEYHOLDER TO RESPOND. READ FROM HISTORY, SO 11:39PM. On hold by 13 Off Hold by 13 On hold by 13 off Hold by 13 ' ----------------------------- Printed ® 8:OOAM 01/25/94 _ ' SENTRY SYSTEMS, INC. - Alarm Activity Report from 12/01/93 to 01/2-5/94 GITY .OF . ALSERTVILLE CSID : 130398 -.2/08 11:46PM BURGLARY: OVERHEAD DOOR -A04 verified Called WRIGHT COUNTY Contacted Disp. #: 23 "Operator's Notes" N/A PREM P.D._DSPD Called MIKE RUTKOWSKI Contacted 'Operator's Notes' CALLED WILL MEET P.D. ETA 10 MINS PD. UPDATED ". Called WRIGHT COUNTY Contacted Disp. #: 23 On hold by 23 = Off Hold by 9 " Called MIKE RUTKOWSKI Contacted "Operator's Notes" PD CD BACK AND SAID KEY NEED NOT RESPOND, EMPLOYEE AT BLDG.. NOTIFIED MIKE. t tE1' 1-2/09 12 : 29AM RESTORE: ZONE A04 & AF4 AE4 5:01AM CANCELLATION: CANCELLATION AQFj 2:51PM RESTORE: ZONE AF9 �Eg 2:51PM OPERATOR NOTES: COMMENTS COM "Operator's Notes" FORCED ZONE AE9 TO CLEAR RESTORAL PENDING. +EG.12/29 11:12PM BURGLARY: MAIN ROOM MOTION DETECTOR Verified Called WRIGHT COUNTY Contacted Disp. #: 23 . On hold by 23 Off Hold by 23 On hold by 23 Off Hold by 9 On hold by 9 Off Hold by 9 `< ; ..... 11 : 13PM RESTORE: ZONE A05 11.:13PM BURGLARY: MAIN ROOM MOTION DETECTOR verified ;:`.. "Operator's Notes" 11:16PM BURGLARY: WEST ENTRY DOOR A05 AES. A05 AO1 Called MIKE RUTKOWSKI Contacted '- "Operator's Notes" CALLED WILL MEET ETA S TO 10 MINS Called MIKE RUTKOWSKI Not Contacted Called WRIGHT COUNTY Contacted Disp. #: 23_ "Operator's Notes" ------------------------------------------------------------------- - - page -I Pr i nted. 4 - 8 OOAM 01./25/19,4:- C4 ski law. ,. ga"'P. n WAO il WP Kim 10, ~1" tli 'W F73 A QW? V 'f -wo Uj CdUf(r t"' c t: ;6 r- t' r i. LU -�5 0 E rr 2.2 52- V4 - j�< 0 :C D cr— 31 cd f 21516 E'o NK, C13. Wo 3: LL. a C.;j 51.1 "Hu 0 CD R� , j� r'l iu: wit ON- pr @1 51 x tt Yci5 -2 it a. 6z V 0' Uj oz 0-1 ti '-ii- 0 fit, lux" w o l!U UO '1 , o D I !Cr0 U4cCoor]+0U C1' ULL >e Nu i(Uj a Ul 0 ''o" Uj LU opt, R _JU_ Z"' cc t cO Io c; 0 (D T�; , fW' AL ral e 0. 1 do) 30-1 VY6 kip mi 1L. . ' �' 4MAv 9•PAY 16tok X iLD 7741 K z 1., 0 0, (D ,ty 4�" I W- (a r Tj;P"'l C c M'D Ri ol PicLay • O>�{ O b'� t .A1 Mt *_twm. vd r�i�F' }, j Y , psi , s �y',r 0) CAI ILU, Ll V C w w -s 8 1� go g o� Im (3 .0 c .2' '$lL U Z" 1� VIP,a. 41. �6 i l '41 v (Ouw rl 92% �6"QX"Ju i4l;D:D "N�rii-.g -6 UJ ia,v lu co &u t75J U 0 0 cut -rw . WlNW-U-Jifk }a fn.� jy i fo '*"S n 4O c 40(�D ®R 0';2 � We 0) '..� �. 4 [L n91,�.�, .pl-f �s J, � � 1�t� 14SAJ ti7.J"�i'k'�'r r+ '�`r� � j���•nh tr t '•'�7�a CITY OF ALBERTVILLE RESOLUTION #1994-2 WHEREAS, the intersection of County Road 37 and County Road 19 is in close proximity to a railroad crossing located on County Road 19, and WHEREAS, there is insufficient distance between the intersection and the railroad crossing for school buses making left turns from County Road 37 onto County Road 19 to straighten the bus before stopping for the railroad crossing, and WHEREAS, the volume of vehicular traffic has increased considerably since the intersection of County Road 37 and County Road 19 was constructed, and WHEREAS, the City of Albertville, Independent School District #885 and Don's Bus Service are in agreement that the intersection creates a potential safety hazard to school children riding the buses, and WHEREAS, there currently is undeveloped land immediately south of County Road 37, which could be acquired for the purpose of realigning the intersection, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Albertville to request that Wright County take immediate action to realign County Road 37 before the property to the south of the road is developed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 7TH DAY OF FEBRUARY, 1994. Michael Potter, Mayor ATTEST: Linda Houghton, Clerk n CITY OF ALBERTVILLE FINANCIAL STATEMENT January 12 - February 1, 1994 Beginning Cash Balance Janaury 12, 1994 INCOME (Jan. 12 - Feb. 1) Amusement License 150.00 Beer License 10.00 Bond Refund 251.88 Building Permits 6,601.20 Cigarette License 50.00 Park Dedication Fees 6,120.00 Recycling Incentive 1,027.50 Reimburse -Planning Fees 1,013.86 Reimburse-Parkside Eng. 40,487.04 Sewer License 45.00 Sewer Penalties 174.90 Sewer Receipts 12,739.06 Special Assessments 3,596.60 Storm Water Penalties 31.88 Storm Water Receipts 1,887.62 Title Search 50.00 Wr. Co. Settlement 14,151.54 TOTAL INCOME EXPENSES (Jan. 12 - Feb. 1) Check Vs 8169 - 8205 (approved 1/18/94) 311,840.17 Check #8206 Maximum Security 100.00 (Used Time Clock) PAYROLL 1/12 - 1/25 Check # P1005 - Ann 512.79 Check # P1006 - Linda 810.71 Check # P1007 - Ken 1,066.72 Check # P1008 - Mike 750.86 Check #8207 - PERA 383.63 TOTAL EXPENSES $88,388.08 315,464.88 $1,284,340.57 n Ending Cash Balance February 1, 1994 $1,057,263.77 --1 INVESTMENTS: CD #9067 (Fire Dept.) matures 1/27/94 CD #8925 - matures 3/2/94 CD #9066 (Fire Dept) matures 3/17/94 CD #8807 - matures 3/30/94 CD #9145 (Lions) - matures 4/21/94 @ 2.68% CD #8579 - matures 6/28/94 Piper-Jaffray Investments (12/31/93) TOTAL INVESTMENTS 6,011.10 109,727.69 12,000.00 361,523.99 19,582.51 161,967.11 469,884.18 $1 , 140L706. 58 CITY OF ALBERTVILLE BILLS TO BE PAID February 7, 1994 Check No. _ Vendor Reason Amount P1009 Anderson, Sharon January Council 101.58 P1010 Barthel, Albert January Council 170.81 P1011 Berning, Duane January Council 87.73 P1012 Potter, Michael January Council 313.09 P1013 Vetsch, John January Council 110.82 P1014 Barthel, Tim Snow Plow 1/16 40.63 8208 AT&T Service Call 50.00 8209 Adv. Wireless Comm. Pager Batteries 146.65 8210 American Nat'l Bank 88GO/AdvRef 500.00 7,095.00 ^ 89GO Ref. 6595.00 8211 B & D Plumbing/Htg. Replace Blower Motor 315.00 8212 Chouinard Office Products Misc. Office Supplies 77.30 8213 Comprehensive Med. Care Hepatatis Shots 198.00 8214 DJ`s C.H. - 99.31 148.75 Shop - 17.75 WWTF - 6.17 FireDept - 25.52 8215 Dennis Fehn Gravel Cleanout - Ditch 2825.00 8216 First Trust 1993A Imp/Ref382.63 1,078.88 84 GO TaxInc 696.25 8217 Houghton, Linda Mileage 11.25 8218 MedCenters Feb. Group Insurance 767.50 8219 Minnegasco Old C.H. 434.48 825.39 New C.H. 138.19 Park Shel. 252.72 --, 8220 MN Dept. of Revenue Jan. State Taxes 482.28 8221 NSP St. Lights 1951.24 1958.64 Spec. Event 7.40 8222 Northern 8223 NW Assoc. Consultants 8224 P.E.R.A. Life Ins. 8225 Pats 66 8226 Papsi Cola 8227 Pitney Bowes 8228 Radzwill Law Office 8229 Satrangs` Serv. Center 8230 Scharber & Sons 8231 BanComputer Sery 8232 Security Bank NW 8233 Simonson Lumber 8234 Smoke -Eaters 8235 Steffens Meats 8236 United Telephone 8237 Wr. Co. Sheriff 8238 Wr. Co. Treasurer Parts - SnowPlow 137.34 & Pick-up Jan. Staff Mtg. 153.90 Ann/Linda 24.00 Gas - Plow 111.38 306.10 Sts. 50.37 Park 50.37 WWTF 50.36 F.D. 21.00 C.H. Supp. 22.62 January Rent 10.65 Postage Machine Rent 43.00 January 3000.00 6,599.00 Void Ch#7950 & reissue 3599.00 Repair Recorder 45.56 Parts- .John Deere 221.31 92 GORef 13162.50 15,962.50 91 GOImp 2800.00 Jan. Federal Taxes 2,224.42 Boards for Hockey 85.20 Rink 22 Subscriptions 88.00 for Fire Dept. Meat/Cheese Tray 40.00 for EDP meeting C. H. - 426.04 456.58 Park - 30.54 Dec. 1993 2600.63 Assessment List 12.00 TOTAL $44,989.83 Minnesota Lawful Gambling LC= Application for Authorization for Exemption from Lawful Gambling License Fill in the unshaded portions of this applicgtron for 9"mpdon and send it in stlosst45 days before your gambling activity for processing. Name atnd Address of Olrgartizaxlon. .... .. . COrganizallon Name. Current/previous license number of State Zip Code ,l IFEE CHK INIT. DATE 11 urrmrevious exempt nuffber 1"Q 1-1, — C I P Phone Nurn1w of Noprofit Organization' Check the box that indicates your proof of nonprofit Check the box below which indicates your type of organization status and attach a copy of the proof to the application. C1 Fraternal ❑ IRS designation VC] Veterans ❑ Certification of good standing from the Minnesota Religious Secretary of State's office [3 Other non-profit ❑ Affiliate of parent nonprofit organization (charter) AGar Ung Site Name of s4e where activity will take Lace street City -------- -------- Township - 7 1 State Zip code County Date(s) of act" (for raffles, bukate the date of the drawing) r . ... ....... Types of GamesFYnancial Report Ex,.... .. mariket Value of Prizespensesincluo". (tricluding Donations Garne(e) Gross FUH:-elpts: —:::Not profit Cost of PrIzes' -and cash): Bingo 0 Raffles Paddlewheels ❑ Tipboards C3 Pull -tabs C3 . ......... I declare all information submitted to the DistrbuW ftm wrom garmiry equ#mrs VMS pwctmed. Gambling Control Board is true, accurate, utors and complete. ..... .......... .. ..... .. . . . ... ... . .. ......... . .. .......... .......... .. . .... . . . . . ....... I declare all financial information wjbn*ted to the Gambling Control Board kL true. aawrate;:m4 complete or county county name person reosrong appucaijon Date received of person receiving Township is E] organized El unorganized* 7 unincorporated* * Attach letter This form will be made available Mail with $25 permit fee and copy of White - Original in alternative format (i.e. large proof of nonprofit status to: Yellow - Board returns to print, braille) upon request. Gambling Control Board Organization to complete 1711 W. County Rd. B, Ste. 300 S. shaded areas Roseville, MN 55113 APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE The unCer=_ign, certifies that it cc 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 "Soria Fide Club" for a limited non -intoxicating malt liquor license. 1. Name of Applicant: c7T O�nr15 �i F.(� 1 �4 Y`nY-L� SSC�,q Z. Name and Address of President and Secretary of Applicant: M Cf�ov�, Mi �551 CH 3. Purpose for which funds derived will be used: S •� C r� \ 1 ll� + ti C1 4. Date of activities for which license is requested: 5. Premises from which ncn-intoxicatinq malt liquor will be dispensed on said date: `�� l.b� ; p q ry, IL1i`Er 6. Hours of operation on the date for wh-4 c`+ 1 imi d 1 icense is requested: S C� 7. Number of previous license obtained this calendar year: C) e. Name, address, telephone number and position held with Club of person signing this application: L\_arz_4 p Ci 0 NCTE: 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: Signature of A�.licant(s) 08/19/91 GHT SOIL AND WATER CONSERVATION DISTRICT 306C Brighton Avenue Buffalo, Minnesota 55313 Telephone (612) 682-1933 682-1970 February 1, 1994 Linda Houghton, City Clerk City of Albertville P.O. Box 131 Albertville, Minnesota 55302 Dear Ms. Houghton, Enclosed you will find a Joint Powers Agreement for the administration of the Wetland Conservation Act which will formalize the agreement between your City and the Wright Soil and Water Conservation District.. Please review this agreement at your next council meeting, sign, date and return one copy to the Wright. Soil and Water Conservation District, If Vol_ feel should City Attorney shold review this agreement., please have him do so before the council meeting. Additionally, the council -should decide if the City wishes to appoint. someone to the "Technical Committee" for your area. This individual should have some expertise in water resource management and be familiar with the Wetland Conservation Act and its rules. The Technical Committee will meet in Buffalo and your representative would serve as a member ONLY when there is some action pending within your city jurisdiction. The Wright Soil and Water Conservation District. is looking forward to working with your City.. The District. hopes to make the implementation and administration of this law as uniform and efficient as possible. If you have any questions, please feel free to contact the District. Using either the above listed address or telephone number. Sincerely, 1{erry Saxton Office Manager enc. JOINT POWERS AGREEMENT FOR ADMINISTRATION OF THE WETLAND CONSERVATION ACT (1991) This Agreement is made between Wright Soil and Water Conservation District (hereinafter Wright SWCD) and City of Albertville , for administration of the Wetland Conservation Act of 1991, pursuant to authorizing resolutions of the Board of Wright SWCD and the Council/Board of Al bertvi 11 e This Agreement is authorized by Minnesota Statutes Sections 103C.331, Subdivision 19 (for SWCDs), and 471.59 (for cities and towns). Wright SWCD and City of Albertville agree as follows: 1 . Wright SWCD will act in place of Albertville as the local government unit under the Wetland Conservation Act and the rules of the Board of Water and Soil Resources adopted under the Act. 2 Wright SWCD will administer any ordinances Albertville adopts to implement the Act and the rules. 3. Wright SWCD will follow procedures regarding notices and hearings, as set out in the Rules of the Board of Water and Soil Resources adopted under the Act. Wright SWCD will also follow any additional procedures set out in local ordinances adopted to implement the Act and the Rules. 4. The Wright SWCD Board of Supervisors will be the decision maker on replacement plans. The Wright SWCD Board of Supervisors may delegate to staff the initial decision making authority, as well as that for exemptions, no -loss determinations, and wetland banking. 5. Local administrative appeal may be made to the Wright SWCD Board of Supervisors. 6. Costs incurred by Wright SWCD will be covered by State grant funds and matching funds from Wright County. Wright SWCD will also collect fees from the landowner or petitioner based upon a fee structure set by Wright SWCD. 7. The Wright County Attorney's Office will provide legal advice and support to Wright SWCD for administration and enforcement of the Wetland Conservation Act of 1991. This Ag5ej Te t r Trebe amended by mutual agreement of Wright SWCD and by resolutions of their Board(s) or Council. This Agreement shall become effective upon signature by all duly authorized officials, and shall remain in effect until terminated by agreement of the parties, or upon thirty (30) days written notice of termination by either party to the other. Dated y WRIGHT SOIL AND WATER CONSERVATION DISTRICT - Board Chair 9 Pam Roden 11819 Locust Court Albertville, MN 55301 January 12, 1994 Albertville City Council 5964 Main Street NE Albertville, MN 55301 Dear Council Members; I have served on the City's Park Board for approximately 18 months. I applied for the appointment, because I want to im- prove the safety, use and enjoyment of our City's Parks. For the Park Board to try to reach some of its goals, we made numerous requests of the City Clerk and the Maintenance De- partment. We asked that they perform a few small tasks that I believe were a part of their jobs. Cooperation was prom- ised several times, with little results. I do not believe this appointment is to make sure that all those mentioned above do their job, they have job descriptions for that pur- pose. Due to the lack of cooperation from the City Clerk and the Maintenance Department, I resign my position on the Park Board. Thank you to the City Council an of you have questions regarding free to call me (428-4181 daytime Sincerely, Pam Roden d Park Board Members. If any my decision to resign, feel or 497-3239 evenings). r League of Minnesota Cities 3490 Leungton Avenue North St Paul, MN 551264M (612) 490-M OPEN MEETING LAW DEFENSE COST REIMBURSEMENT COVERAGE NOW AVAILABLE Beginning November 151 1993, LMCIT is offering an new Open Meeting Law Defense Cost coverage. This optional coverage will reimburse city officials for 80% of the legal costs they incur to defend themselves if they are charged with violating the Open Meeting Law. This new coverage is quite different from anything LMCIT (or anyone else, for that matter) has done before. We'll try in this memo to answer some of the questions that will come up when city officials are deciding whether this coverage makes sense for their city. I. Why is this needed? Doesn't our existing LMCIT coverage apply to Open Meeting Law claims? Generally, no. The LMCIT liability coverage is designed to respond to claims for damages. The Open Meeting Law doesn't provide for damages; it provides for a $100 civil penalty, and loss of office for repeated violations. Fines and penalties are not "damages" for purposes of the liability coverage, and LMCIT therefor generally has no duty to get involved in defending Open Meeting Law charges under the liability coverage. The only exception is if the Open Meeting Law charge is combined with a claim for damages that is covered under the liability coverage. For instance, if an employee brought a wrongful termination action against a city, the employee might also charge that there was a violation of the open meeting law as part of the termination process. In that case, LMCIT would be responsible for defending the entire litigation - the Open Meeting Law charge as well as the covered liability claim. But an Open Meeting Law charge by itself is not a claim for damages, and the LMCIT liability coverage would therefor not respond. II. Why provide coverage for this type of exposure? One of LMCIT's member cities asked the Trust Board to consider adding this kind of coverage. The request grew out of an instance in which several council members incurred very substantial legal bills defending themselves against an Open Meeting Law charge. The Trust Board recognized that defending an Open Meeting Law charge can cost a city official a lot of money. Defense costs are often the most significant financial consequence of these lawsuits. While the statutory penalty of $100 might be relatively minor, defense costs can easily run to thousands of dollars. And those costs are incurred whether or not the official is ultimately found to have violated the law. The Board acted on the assumption that most violations of the law are inadvertent and may even be on the advice of an attorney. The Board also realized that is easy for somebody to make an accusation of an Open Meeting Law violation, forcing the city council member to expend significant sums to defend him/herself regardless of the merits of the allegation. The threat of that kind of litigation could even be used as a tactic to intimidate or coerce council members in some cases. Finally, the Board assumed that most city councilmembers act in good faith and try to comply with the law. But sometimes even these best faith efforts are not enough to head off an Open Meeting Law lawsuit. III. Why should public funds be used to pay for defending someone who actually did violate the Open Meeting Law? Doesn't this encourage city officials to violate the law? The legislature has spelled out in the statute what the penalties are for violating the law: a $100 civil penalty, potential loss of office for repeated violations, and possibly an award of the plaintiff's attorneys' fees in some cases. If the individual has to pay for his/her own defense costs as well, the real monetary penalty to the individual can be many times greater that the penalty the legislature provided in the statute. And how much those defense costs are may not have much relation to how serious the violation was. If more serious penalties are needed to deter violations, the legislature can change the statutes. That makes more sense than relying on defense costs as a kind of hidden penalty that might be wildly disproportionate to the seriousness of the offense, and are incurred even if there was no offense. Iv. Why is the coverage optional? Why not simply provide it as a standard part of the liability coverage? The LMCIT Board recognized that there are good public policy reasons why a city might want to protect its officials from this risk. But the Board also recognized that some cities might consider it inappropriate to use their taxpayers' funds for this purpose. Making the coverage optional lets each city make this call for itself. V. What does the Open Meeting Law Defense Cost Reimbursement Agreement cover? Under the new coverage, LMCIT will reimburse a city official for 80% of the defense cost incurred by the city official in defending an Open Meeting Law lawsuit. The Open Meeting Law Defense Costs Reimbursement Agreement is limited to $20,000. This is the most LMCIT will reimburse any one city official for defense costs for Open Meeting Law lawsuits commenced during the term of the coverage agreement, regardless of the number of lawsuits or the number of actual alleged violations. VI. What doesn't it cover? There are two major kinds of costs for which this coverage would not reimburse the official: 1. Any fine or penalty for violating the open meeting law. 2. Any award that orders the city official to pay for the opposing party's attorney's fees. As an example, suppose a newspaper is successful in bringing an open meeting claim against a city official. The judge awards a $100 penalty against the official and also orders the official to pay the attorneys fees incurred by the newspaper in bringing the claim. The new coverage would not pay or reimburse either the penalty or the attorneys fees awarded. Note too that this coverage would not cover any legal costs that the city might incur if the city itself were a party to the Open Meeting Law litigation - unless, of course, it was part of a suit that also included a covered claim for damages, as discussed earlier. VII. How will the Open Meeting Law Defense Cost Reimbursement Agreement work? The coverage is significantly different from other coverage provided under the standard LMCIT coverage agreements in a couple important ways. First, unlike LMCIT's liability coverages, the Open Meeting Law coverage does not pay the legal costs on the city official's behalf. Instead, LMCIT will reimburse the city official for 80% of those costs, to a maximum of $20,000, after the official has incurred those costs. The city official remains responsible for paying his/her defense attorney, including the 20% which LMCIT will not reimburse as well as any costs over $20,000. Second, the city official retains control of the litigation. The city official makes the decisions on what attorney to hire, whether to settle or compromise the litigation, whether to appeal, etc. The coverage is triggered when a lawsuit is served on the city official alleging a violation of the Minnesota Open Meeting Law. If a lawsuit is filed during that term of the agreement, the city official has to do two things: I. Notify LMCIT of the litigation; and 2. Select defense counsel. vIII. How much will this coverage cost? Initially, we'll be basing the charge for this coverage on the premium for the city's liability coverage. Generally, the cost will be 1.5% of the liability premium, subject to a $500 minimum premium. In an individual city's case the premium could be somewhat higher if in the underwriter's judgement there is a substantially higher risk of Open Meeting Law claims in that city, though we expect this to be rare. I%. How do we go about adding this coverage for our city? Have your agent contact LMCIT's underwriters at Berkley Risk Services and ask for an application form. The underwriters will be able to return quote fairly quickly. %. whom can we call if we have other questions? If you need additional information or have other questions, you can contact Tom Grundhoefer or Pete Tritz at the League office, or call the underwriter at Berkley Risk Services who handles your city. We'd also appreciate any comments or suggestions city officials have for ways this coverage could be improved, or for any other changes cities would like LMCIT to consider. 11/17/93 i PROPOSAL Vetsch Custom Cabinets 5895 Large Ave NE. PO Box 98 Albertville Mn.55301 497-3060 Fax 497-3463 Date:January 27, 1994 City Of Albertville Main Ave Albertville Mn. 55301 Ref: Storage Cabinets/Shelfs. We hereby submit specifications and estimates: Melamine Cabinets As Drawen 3/4" Material White. Cabinets To Have Solid Pc Around Bottom To Stiffen Them Cabinets 28" Tall 16" Deep. All Cabinets Installed. Install Two Doors Hinges Shelfs In Existing Cabinet Stain And Varnish. We propose hereby to furnish material and Labor -complete in accordance with attached and or above specifications, for the sum of: Shelfs 595.00 Doors & Shelfs 61.00 Total Amt. 656.00 Payment to be made as follows: 15 Days After Completion. Vetsch Custom Cabinets Date \ ). a-7/ 9 y Our Customer _a Q �nQ I— I u' 7 T I J J dl m W i Ii j-VETSCH - L CUSTOM CABINETS 5895 Large Avenue o Box 98 Albertville, MN 55301 (612) 497-3060 FAX (612) 497-3463 Gt\L lruL-- J Z� c.\ear\Ai\!Sw Gi\L.%NLr JOB A LZ3-wru1 L.LE SHEET NO. Of CALCULATED BY DATE CHECKED BY DATE_ SCALE I/,. CI\LtrvL- ioo`�y -VETSCH CUSTOM CABINETS 5895 Large Avenue • Box 98 Albertville, MN 55301 (612) 497-3060 FAX (612) 497-3463 JOB SHEET NO. OF CALCULATED BY DATE CHECKED BY DATE _ y2"_" SCALE m O� �-- % L2, — 1Ln -V)r=EP. vw n,1-L P. G1�.'rZ�rJET W".TE t�kELAPAi kJ£. Z ^ r a LL-- .o ow- OL. To `,-r i c r E t0 GA6tw]LT. FORM NO. 28-M QUIT CLAIM DEED -INDIVIDUALS) TO CORPORATION OR PARTNERSHIP Form No. 28-M-Quit claim Deed Minnesota Uniform Conveyancing Blanks (1978) Individual(s) to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of real estate value ( ) filed ( ) not required; Certificate of Real Estate Value Number County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: 1993 1 (reserved for recording data) FOR VALUABLE CONSIDERATION, the Richard F. Miller and Bonnie J. Miller, Grantors, hereby convey and quitclaim to the City of Albertville, Grantee, a Municipal Corporation under the laws of Minnesota, real property in Wright Coitnty, Minnesota described as follows: SEE REVERSE SIDE Together with all hereditaments and Affix Deed Tax Stamp Ilere STATE OF MINNESOTA ss. COUNTY OF WRIGIIT appurtances;/ge�On i hereo<"' Richard Ft Miller n�" ii Bonnie J. Miller Th foregoing instrument was acknowledged before me this day of 1993, by Richard F. Miller and Bonnie J. Miller, Grantors. NOTARIAL STAMP OR SEAL K nnti�ti�MnM,NI`M��M•MJVNVVYVW�/W Y 110NA10 K. NYGAARD NGT11'tY Pllitt_IC-MINN ESOTA e WPIGHI COUNTY S t My Commission Expiros Oct. 30, 1997 r y Tax Statements for the real property described in this instrument should be sent to: r.705 IS INSTRUMEN=East Radzwill Law P.O. Box 369 Central At. Michael, Temporary Construction Easement for roadway construction purposes over the north 60.00 feet of the south 93.00 feet of the west 45.00 feet and.a Perpetual Easement for utility purposes over the north 20.00 feet of the south 53.00 feet of the west 25.00 feet of the following described tract: That part of Lots F and E of the recorded plat of the West Half of the Southeast Quarter of Section 1, Township 120, Range 24, Wright County, Minnesota, described as follows: Commencing at the south quarter corner of said Section 1; thence east along the section line 749.00 feet to the southeast corner of a tract of land as recorded in Book 239 of Deeds, pages 682-683, for a point of beginning; thence north along the east line of said tract 656.03 feet to the south line of a tract as recorded in Book 45 of Miscellaneous, pages 709-710; thence east along the south line of said tract, 268.00 feet; thence south 654.75 feet, more or less, to a point on the south line of said Section 1, distant 265.30 feet east of the point of beginning; thence west 265.30 feet to point of beginning, Wright County, Minnesota, except the north 311.00 feet thereof. Said Temporary Construction Easement to expire December 31, 1993. OTSEGO CREEK AUTHORITY January 31, 1994 Albertville City Hall 7:30 PM PRESENT: Mike Potter, Larry Fournier, Floyd Roden, Albert Barthel, Carl Swenson, Howard Larson, Engineers Larry Koshak and Pete Carlson, Clerk Linda Houghton Chairman Roden called the meeting to order. Fournier made a motion to approve the minutes of the January 6, 1994, meeting as presented. Swenson seconded the motion. All voted aye. Potter made a motion to approve the minutes from the January 13, 1994, meeting with DNR officials held at the DNR office in St. Cloud. Fournier seconded the motion. All voted aye. Larry Koshak presented an overview of that meeting. He explained that the hydrology study and the aerial maps were presented to the DNR. It was stressed that the effort to clean the Otsego Creek was a cooperative effort by Otsego and Albertville. The DNR was concerned that the plans included deepening and or changing the route of the creek. The DNR was assured that this is not a part of the current efforts. Routine maintenance of the creek, including cleaning the channel and removing debris from the channel, does not require a permit from the DNR. Any proposal to change the route of the creek does require a permit from the DNR. Koshak explained that one area between 87th and 83rd Streets in Otsego may be a candidate for change, as well as an area south of Mud Lake. Koshak added that prior to consideration of making any change to the channel route, property owners would have to be contacted. However, there are not plans at this time for this work. Koshak further explained that the DNR is concerned that wildlife habitation will be destroyed and they will require a site inspection by a wildlife habitation person prior to the removal of dead trees, etc. Koshak presented his Report on Cost Sharing Analysis and Formula (copy attached). The report proposes a method of cost sharing for the expenditures incurred in the study of and improvement of the Otsego Creek. The City of Otsego will bear 100% of the costs associated with the areas south of 83rd Street. Calculations were based on the use of the Cn factor (Pages 2- 5 of the attached report) . This factor represents the formula used by the Soil Conservation District relating to runoff. Cn factors are based on the type of soils and surfaces in particular areas. Koshak gave the example that impervious surfaces, such as concrete or blacktop, has a Cn factor of 98. This means that approximately OTSEGO CREEK AUTHORITY Janaury 31, 1994 Page 2 of 3 98% of the water that falls on impervious surfaces runs off. Three scenarios were calculated for the cost sharing formula to be used to allocate the costs between the City of Otsego and the Authority (Page 6 of the attached report). These three are: (1) percentage of major culverts in each area, (2) percentage of creek length in each area, and (3) percentage of acres in each area. Since using the major culvert and length of creek basis were most comparable, these methods were applied and 44% of the costs were assigned to the City of Otsego and 56% of the costs were assigned to the Authority. An average Cn factor was used in the calculations on Page 7 of the attached report to determine the cost shares within the Authority based on the number of acres in each city. Additionally Albertville's wastewater treatment facility was factored in at its capac_:ty of 315,000 gallons per day to determine total acre feet. The calculations determine that the City of Otsego bears 80.80% of the Authority's costs and the City of Albertville bears 19.20% of the Authority's costs. Koshak recommended that approval or disapproval of the formulas used be determined at the next Authority meeting and then taken back to the full Councils for consideration. Koshak also recommended that a representative from both Monticello Township and Frankfort Township be invited to attend the next Authority meeting for informational purposes. Fournier sated that this presentation, the formulas appears fair. Larson made a motion that the Authority approves the concept of the formulas used and pass that on to the Councils for their official approval. Potter seconded the motion. All voted aye. Larson questioned who is responsible to contact MNDoT to see if they are willing to participate in the cost allocations. The Authority concurred that it is each City's responsibility to contact MNDoT regarding their respective areas. Koshak next presented the Release Form drafted by Any MacArthur of the Radzwill Law Office (copy attached). The Release Form will be amended at line 4 to read ". . .hold harmless the City of Otsego and the Otsego Creek Authority from any and all claims. .". Potter made a motion to approve the Release Form as amended. Fournier seconded the motion. All voted aye. Potter made a motion to approve the City of Otsego Temporary Construction Easement form as drafted by Radzwill Law Firm. Swenson seconded the motion. All voted aye. OTSEGO CREEK AUTHORITY Janaury 31, 1994 Page 3 of 3 Potter made a motion to authorize the City of Otsego staff to proceed with securing the necessary easements, contingent upon both City Councils approval. If either or both City Councils do no approve the release form and the temporary easement form, another meeting of the Authority will be called. Fournier seconded the motion. All voted aye. Pete Carlson suggested that an informational meeting be conducted with the affected residents to discuss the temporary easement and release form in an attempt to get most necessary signatures as soon as possible. Potter made a motion to conduct an informational meeting with the public on Thursday, February 24, at 8:00 PM in the Otsego City Hall. Larson seconded the motion. All voted aye. Koshak presented a draft bid form. Because the anticipated costs does not exceed $25,000, there is no requirement to procure sealed bids. The Authority can solicit quotes instead. The Authority will publish notice that quotes are being solicited. The Authority's consensus is that fallen wood removal on the bid form will be defined by stations and flagging and the contractor will be asked for a lump sum bid. In order to speed up the process and complete the work before spring, Potter agreed to amend his motion and set the informational meeting on February 10, 1994. Larson agreed to second the amended motion. All voted aye. Roden and Fournier agreed to set up a special Otsego CIty Council meeting prior to the informational meeting on February 10 to secure Council approval. The City of Albertville will consider approval of all proposals at their February 7, 1994, meeting. Chairman Roden called for a short meeting of the Authority immediately following the informational meeting on February 10 to review the final bid form. :Larson made a motion to adjourn at 9:15 PM. Barthel seconded the motion. All voted aye. Floyd Roden, Chairman Linda Houghton, Recorder r r M E M O R A N D U M To: Larry Koshak, City Engineer FROM: Andy MacArthur, Radzwill Law Office DATE: January 27, 1994 RE: Temporary Easement and Release Form Release Form should read as follows: "RELEASE FORM" owner(s) of that proper,:y described as (PID Number) on their own behalf and on behalf of their administrators, heirs, executors, devises, and assignees, hereby fully release and hold harmless the City of Otsegrl�W from any and all claims, and/or causes of action resulting from the �,�` entry of City employees, City agents, or any City contractors upon said prope=y for the purpose of removing dead wood and trees from the channel and banks of the Otsego Creek. In witness whereof, we have hereunto subscribed (my) (our) names) this _ day of , 1994. January 27, 1994 Page 2 C Easement should read as follows: CITY OF OTSEGO TEMPORARY CONSTRUCTION EASEMENT _ (Name(s) and marital status) , Grantor(s), for good and valuable consideration received, hereby grant to the City of Otsego and Otsego Creek Authority, a municipality and political subdivision respectively, the right to enter and go upon the following described property situated in the City of Otsego, County of Wright, State of Minnesota: in connection with and for the purpose of temporary construction to facilitate the removal of dead wood and debris from the channel and banks of Otsego Creek. The Grantor(s) warrant(s) that (he) (she) (they) (is) (are) lawful owner(s) and in possession of or hold record title to the above described property and (has) (have) lawful right and authority to grant the rights given hereunder. The temporary easement will expire on Subscribed and sworn before me this day of _ , 199 by , Grantor(s) NOTARY PUBLIC Drafted by: RA73ZWILL LAW OFFICE 7015 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 MEMORANDUM TO: Mike Potter, Mayor Linda Houghton, City Clerk FROM: Peter Carlson G City Engineer W RE: Otsego Creek RCM Project No. 10238.01 DATE: February 3, 1994 I contacted Lori VanDerhider, Hydraulics Engineer from MnDOT in their Brainerd Office, regarding MnDOT cost participation for cleaning out Otsego Creek. After discussing with her superiors, Lori told me that even though MnDOT has approximately 1,000 feet of right-of-way within the watershed, unless the drainage within Otsego Creek is backing up into MnDOT'S right-of-way MnDOT will not participate in the cost of cleaning out Otsego Creek. This is the answer I expected. I can pursue farther up the ladder if you would like, but in my opinion, I will get the same answer. At this time I am not pursuing this any further. Please call me if you have any questions or want me to make additional inquiries.