1994-03-07 CC Agenda/Packet•
ALBERTVILLE CITY COUNCIL
AGENDA
March 7, 1994
I. CALL MEETING TO ORDER
II. APPROVAL OF THE AGENDA
III. APPROVAL OF CONSENT AGENDA ITEMS
* Attached List
IV. FOLLOW-UP SHEET
* February 22, 1994
V. APPROVAL OF THE MINUTES
* February 22, 1994 - Regular Meeting
VI. COMMUNITY FORUM
VII. PIPER JAFFRAY
- Paul Ring and/or Dave Anderson
• VIII. DEPARTMENT BUSINESS
A. MAINTENANCE DEPARTMENT
- 1994 Equipment Purchases
- WWTF Update
- Road Striping
- Project Updates
B. ENGINEERING
- Review Sewer Ordinances
- Co. Rd. 37 Intersection Realignment
- I-94 Extension of water and sanitary sewer
- Project Updates
C. PLANNING COMMISSION
- Recommendation that City Council grant preliminary
Plat approval to Bernard Marx for MLDCO First
Addition subject to conditions as stated in
minutes of February 24, 1994, meeting.
D. LEGAL
8:OOPM - City Administrator Ordinance
- City Administrator - Employment Contract
- Clarification of two week notice to secretary
- Miller Easement
• _ HRA Update
Project Updates
•
•
•
E. ADMINISTRATION
* Financial Statement (Feb. 16 - Mar. 2, 1994)
* Approve bills (Check #P1023 - P1029 and
#8265 - #8295)
Discussion of 1994 Clean Up Day
Consider Resolution request from City of Babbitt
Consider Resolution request from City of Hibbing
Discuss water main replacement costs
IX. ADJOURN
UPCOMING MEETINGS/IMPORTANT DATES
March 17 Planning Commission - Rescheduled Reg. Mtg.
March 17 Park Board - Regular Meeting
March 21 City Council - Regular Meeting
ALBERTVILLE CITY COUNCIL
CONSENT AGENDA ITEMS
March 7, 1994
III. APPROVAL OF CONSENT AGENDA
Financial Statement (Feb. 16 - Mar_ 2, 1994)
* Approve bills (Check #P1023 - P1029 and
#8265 - #8295)
Approve Minutes of February 22, 1994, regular
meeting
* Approve Follow Up Sheet of February 22, 1994
ALBERTVILLE CITY COUNCIL
March 7, 1994
Albertville City Hall 7:30 PM
PRESENT: Mayor Mike Potter, Counci I members Duane Berning,
Sharon Anderson, Albert Barthel and John Vetsch, City Clerk Linda
Houghton; City Attorney Mike Couri
Mayor Potter called the regular meeting of the Albertville
City Council to order.
The agenda was amended by adding the following:
Addition of Check #8296 - Kevin Roden $252.14
Community Forum - Doug Psyk
Berning made a motion to approve the agenda as amended. Anderson
seconded the motion. All voted aye.
Vetsch made a motion to approve the Follow -Up sheet from the
February 22, 1994, meeting as presented. Barthel seconded the
motion. All voted aye.
Vetsch made a motion to approve the minutes of the February
22,1 994, meeting as presented. Barthel seconded the motion. All
voted aye.
Doug Psyk presented the Council with a letter dated March 7,
1994, requesting a time extension on his preliminary plat approved
for Pysk's 6th Addition. The ti.me limit for final plat approval
under the City's Subdivision Ordinance has expired. Psyk explained
that he was unable to proceed with the 6th Addition because of the
MPCA moratorium on sewer extensions. Now that the expanded
wastewater treatment facility is on line, he would like to proceed
with final platting of the 6th Addition. Barthel made a motion to
gran Doug Psyk a six month extension on his preliminary plat
approval. Anderson seconded the motion. All voted aye.
Ken Lindsay presented the Council with information regarding
equipment purchases he would like to make in 1994. He has gotten
prices on a tractor/loader and a mower. Ken requested that a
committee be appointed to review the material he has received. The
Council directed Ken to prepare details of his purchase requests
and present them at the next Council meeting.
Ken reported that the wastewater treatment plant will go on-
line as soon as the water in the clarifier is thawed. The aerators
have been installed are are now on-line.
Ken and Linda will check the budget to determine if funds are
available for renting an air compressor for this spring's crack
sealing project. Ken anticipates that one week's rental of the air
compressor will cost approximately $500.
ALBERTVILLE CITY COUNCIL
March 7, 1994
Page 2 of 4
Ken will contact Wright County about the cost of paint for
striping Barthel Industrial Drive.
Bob Robertson, representing RCM, told the Council that Pete
Carlson has resigned from the firm. A different engineer from
their firm will be taking over this position.
The Council decided to set a special work meeting at a later
date to review the current sewer ordinance regarding the process
of establishing charges for various strenth discharges. Ken
suggested the Council consider taking samples from various
commercial/industrial users to determinie if there is a need for
a different rate system.
Robertson reported that Peter Carlson has spoken to Wright
County Engineer Wayne Fingalson regarding the County Road 37
realignment. Fingalson has indicated that Wright County will
require an agreement with the City before procedding with the
project. Linda will contant Fingalson about setting a meeting to
discuss this project.
Robertson told the Council that. Pete Carlson beleived the City
should coniider a new casing under the freeway if water is to be
extended. Linda will provide RCM with the vidoetape of the
inspection of the existing casing aand get a copy of the map from
Meyer-Rohlin detailing the elevations of each of the pipes.
Paul King and Dave Anderson of Piper Jaffray reviewed the
City's investments with the Council. Based on Linda's
recommendation, Anderson made a motion to invest additional funds
of up to $600,000 with Piper Jaffray. King and Anderson will meet
with Linda to determine the best investment method. Vetsch
seconded the motion. All voted aye.
The Council reviewed the proposed preliminary plat of MLDCO
First Addition. Attoreny Couriadvised that the Council delay
final plat approval pending the completion of the Developer's
Agreement. Bernard Marx requested that the park dedication fees
of $170 per lot be charged only against the three new lots being
created. The Council agreed that the existing homestead of Clem
Marx (Lot 2, Block 1 of the plat) be exempt from the park
dedication fee requirement. Park dedication fees of $170 per lot
for the newly created three lots will be assessed to the
development. Berning made a motion to grant preliminary plat
approval of MLDCO First Addition, as recommended by the Planning
and Zoning Commission at the Febraury 24, 1994, meeting. A
.-. Developer's Agreement will be drafted by the city attorney
detailing the park dedication fees, the letters of credit, and the
grading and drainage plans. Vetsch seconded the motion. All voted
aye.
ALBERTVILLE CITY COUNCIL
March 7, 1994
Page 3 of 4
Attorney Couri presented a proposed Ordinance #1994-2
establishing the position of a city administrator. Anderson made
a motion to adopt ORDINANCE #1994-2 entitled AN ORDINANCE
ESTABLISHING THE POSITION OF CITY ADMINISTRATOR. Barthel seconded
the motion. All voted aye.
The Council reviewed the City Administrator Employment
Agreement as drafted by Couri. Vetsch made a motion to approve the
Employment Agreement as presented. Anderson seconded the motion.
All voted aye.
Mayor Potter apppointed Councilmembers Berning and Anderson
to a committee to draft the job description for a city
administrator for the entire Council to review.
Couri presented a clarification notice regarding the
termination date of Ann Culley. Anderson made a motion to approve
the language of the clarification as presented. Vetsch seconded
the motion. All voted aye.
Attorney Couri advised the Council to take no action on the
Rich Miller easement agreement at this time pending discussion with
the previous city engineer.
Couri advised the Council on the procedures of establishment
of an Economic Development Authority. Couri recommended the EDA
be given the powers of an HRA. The Council must conduct a public
hearing and approve an enabling resolution prior to the
establishment of. the EDA. Notice of the public hearing must
published for two weeks in the official newspaper outlining what
the Council is considering. Couri will draft the notice listing
the ideas being conisdered. Barthel made a motion to set the
public hearing to consider the establishment of an EPA for April
11, 1994, at City Hall at 7:00 PM. Vetsch seconded the motion.
All votes! aye.
Vetsch made a motion to approve the Financial Statement for
February 16 - March 2, 1994, as presented. Barthel seconded the
motion. All voted aye.
Vetsch made a motion to approve payment of Check Vs 8265-
8296. Barthel seconded the motion. All voted aye.
The Council will consider conducting a Clean -Up Day this
spring. Linda will contact the City of St. Michael and Frankfort
Township, as well as Wright County, to determine if there is
interest in conducting a joint Clean -Up Day similar to last year.
Vetsch made a motion to adopt RESOLUTION #1994-4 entitled A
RESOLUTION REQUESTING LEGISLATION TO RECOVER COSTS IN PROSECUTING
ALBERTVILLE, CITY COUNCIL
March 7, 1994
Page 4 of 4
OFFENDERS. Barthel seconded the motion. All voted aye.
Barthel made a motion to adopt RESOLUTION #1994-5 entitled A
RESOLUTION SUPPORTING INCREASED PROTECTION FROM LIABILITY FOR
PRIVATE LANDOWNERS WHO MARE THEIR LAND AVAILABLE FOR PUBLIC
RECREATION WITHOUT CHARGE. Vetsch seconded the motion. All voted
aye.
Linda was directed to send a letter to City of Hanover and
Frankfort Township stating the City's position that the Joint
Powers Board should not be responsible for the replacement of water
mains on the system.
The meeting adjourned at 10:10 PM.
Michael Potter, Mayor
Linda Houghton, Clerk
CITY OF ALBERTVILLE
FOLLOW UP SHEET
FEBRUARY 22, 1994
DATE
ACTION TO BE TAKEN PERSON
6/21
Review sewer rates in 6 months-.
("aXn-'Ll
- On Agenda for 3/7
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.
1/18
Review comp time issue in six months
CAaxr_a1
1/18
Prepare semi-annual newletters in May & October
Armin.
1/18
Meet with Linda to discuss Zoning Administrator
BEniirg-
duties
Potter
2/22
Draft agreement w/R. Miller re: easement
Couri
for Council review.
2/22
Contact each service organization to determine
Linda
if there are hanicapped individuals involved
regularly in meetings.
2/22
Provide more information on HRA
Couri
ALBERTVILLE CITY COUNCIL
February 22, 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 Attorney Mike Couri
Mayor Potter called the regular meeting of the Albertville
City Council to order.
The agenda was amended as follows:
(1) Discussion by the Piper -Jaffrey representatives
was postponed until the March 7 meeting
(2) Administration topics were moved to before
Community Forum
(3) Discussion on establishing an HRA was added
(4) Purchase of FundBalance Utilities program was added
(5) Resolution 1994-3 was removed from the consent agenda
Berning made a motion to approve the agenda as amended. Anderson
seconded the motion. All voted aye.
Barthel made a motion to approve the Follow -Up Sheet from the
February 7, 1994, meeting as presented. Berning seconded the
motion. All voted aye.
Barthel made a motion to approve the minutes of the March 1,
1993, closed meeting as presented. Berning seconded the motion.
All voted aye.
Barthel made a motion to approve the minutes of the March 15,
1993, closed meeting as presented. Berning seconded the motion.
All voted aye.
Barthel made a motion to approve the minutes of the April 5,
1993, closed meeting as presented. Berning seconded the motion.
All voted aye.
Barthel made a motion to approve the minutes of the May 3,
1993, closed meeting as presented. Berning seconded the motion.
All voted aye.
Barthel made a motion to approve the minutes of the July 6,
1993, closed meeting as presented. Berning seconded the motion.
All voted aye.
Barthel made a motion to approve the minutes of the September
20, 1993, closed meeting as presented. Berning seconded the
motion. All voted aye.
Barthel made a motion to approve the minutes of the February
7, 1994, regular meeting as presented. Berning seconded the
ALBERTVILLE CITY COUNCIL
Febraury 22, 1994
Page 2 of 6
motion. All voted aye.
Barthel made a motion to approve the minutes of the February
7, 1994, special meeting as presented. Berning seconded the
motion. All voted aye.
Barthel made a motion to approve the minutes of the February
15, 1994, special meeting as presented. Berning seconded the
motion. All voted aye.
Barthel made a motion to approve the Financial Statement for
the period February 2 - February 16, 1994, as presented. Berning
seconded the motion. All voted aye.
Barthel made a motion to approve payment of Check #'s 8243 -
8262 as presented. Berning seconded the motion. All voted aye.
Barthel made a motion to approve the 3.2 Liquor License for
St. Albert's Parish at the Parish Center from noon to midnight on
July 17, 1994. Berning seconded the motion. All voted aye.
Barthel made a motion to approve the 3.2 Liquor License for
the ST. Michael Foundation at the St. Albert's Parish Center from
8:00 PM to midnight on March 5, 1994. Berning seconded the motion.
All voted aye.
Barthel made a motion to set the 1994 Board of Review hearing
for Tuesday, April 19, 1994, at the Albertville City Hall at 7:00
PM. Berning seconded the motion. All voted aye.
Barthel made a motion to adopt RESOLUTION #1994-3 entitled
SUPPORTING LEGISLATION TO ALLOW FOR THE TEMPORARY STORAGE OF SPENT
FUEL BY NORTHERN STATES POWER COMPANY AT THEIR PRAIRIE ISLAND
NUCLEAR POWER PLANT. Anderson seconded the motion. Vetsch,
Anderson and Barthel voted aye. Berning voted no. The motion
carried and the resolution was adopted.
Barthel made a motion to reduce Kenco's letter of credit for
the Parkside Addition by $30,728.80, per terms of the Developer's
Agreement. Berning seconded the motion. All voted aye.
Linda presented Ordinance #1994-1 entitled An Ordinance
Establishing a Park Board, Its Purposes and Duties for discussion.
Attorney Couri advised that Section 1, Subdivision 2 - Terms of
Office be amended to state one member shall serve a one year term,
two members will serve two years terms, and two members will serve
three year terms. Berning made a motion to approve ORDINANCE
#1994-1 entitled AN ORDINANCE ESTABLISHING A PARK BOARD, ITS
PURPOSES AND DUTIES as amended. Anderson seconded the motion. All
voted aye.
ALBERTVILLE CITY COUNCIL
Febraury 22, 1994
Page 3 of 6
Linda advised the Council that Virgie Bistodeau accepted her
appointment to the Park Board as approved by the Council at the
February 17, 1994, joint meeting with the Park Board. Linda also
reported that she had contacted Marvin Vetsch. He indicated that
he has made the decision to quit the Park Board. Linda requested
that Vetsch put his resignation in writing and return to City Hall
all City keys in his possession.
The Council addressed the hiring of Dale Powers as interim
part-time administrator. Linda pointed out several areas of
concern she feels should be addressed by the Council prior to
making its decision. Those issue are:
(1) What an interim administration will provide to the City
beyond what the City currently has.
(2) What is the job description and the duties to be
performed by the interim administrator.
(3) How the budget will handle the additional payroll or
benefit package.
(4) How current administrative staff positions will be
affected.
(5) Office space and office equipment need for the interim
administrator.
Mayor Potter stated that he believes the Council has already
decided to pursue hiring an administrator. Anderson stated that
she feels the interim administrator will guide the Council and give
it direction.
Anderson proposed the following:
1. Would like to hire Dale Powers as part-time City
Administrator on the following terms:
a. Approximately 30 hours per week
b. Six month employment with no commitment on City's part
to hire Dale if City decides to have a
permanent administrator.
C. Salary at $12.50 per hour.
d. Duties: Planning and Zoning, Economic
Development, Employees/scheduling, Resolutions
& Ordinances, Special Projects such as ADA,
etc. Clerk would retain budgeting, meetings,
minutes, dealing with public, sewer billings
and current duties not assigned to Dale
2. Eliminate secretary position, with two -week notice
to Ann effective tomorrow, with her last day to be
Wednesday, March 9, 1994; severance pay of additional two
weeks to be paid on the March 23rd payroll. Vacation and
comp hours (if any) will be paid.
3. Examine pay equity points and salary for Clerk
ALBERTVILLE CITY COUNCIL
Febraury 22, 1994
Page 4 of 6
position in July when normal reviews are conducted.
4. Appoint committee of two council members and the
attorney to negotiate with Dale for terms of employment
and have written employment contract approved at the next
Council meeting.
Mayor Potter called a brief recess to allow the Council time
to read and study Anderson's proposal.
Mayor Potter reconvened the meeting.
Anderson made a motion to eliminate the secretarial position,
with two -week notice to Ann Culley effective tomorrow, with her
last day to be Wednesday, March 9, 1994, severance pay of
additional two weeks to be paid on the March 23rd payroll.
(vacation_ and comp hours (if any) will be paid); to hire Dale
Powers as part -tine City Administrator on the following terms:
A. Approximately 30 hours per week
B. Six month employment with no commitment on City's part to
hire Dale if City decides to have a permanent administrator.
C. Salary at $12.50 per hour.
D. Duties: Planning and Zoning, Economic Development,
Employees/scheduling, Resolutions & Ordinances, Special Projects
such as ADA, etc. Clerk would retain budgeting, meetings, minutes,
dealing with public, sewer billings and current duties not assigned
to Dale; and appoint a committee of two Council members to
negotiate an employment contract with Powers. Berning seconded
the motion.
Councilmember Barthel prefers to delay the decision to
eliminate the secretarial position until after the six month
interim administrator position expires and the Council determines
that there is a need to eliminate a position.
Mayor Potter called for a vote on the motion on the floor.
Anderson, Berning and Vetsch voted aye. Barthel voted no. Potter
did not vote. The motion carried.
Linda presented the terms of the negotiations with Rich Miller
to secure an extension to the permanent easement for drainage
purposes created by the construction of 50th Street. The
negotiated terms are as follows:
(1) Miller's driveway will be restored to his
satisfaction under the terms of the original contract
with Buffalo Bituminous.
(2) The City will extend the drainage pipe an additional
25-30 feet to the edge of the pond on Miller's property.
(3) The City will pay Miller $1,000 for the permanent
easement.
ALBERTVILLE CITY COUNCIL
Febraury 22, 1994
Page 5 of 6
(4) The City waives the fee and escrow deposit for
Miller's application to request Planing Commission
approval to build an additional garage on his property.
The waiver in no way guarantees that the Planning
Commission will recommend the approval, nor does it
guarantee that the Council will approve the
recommendation from the Planning Commission.
Attorney Couri advised the Council to contact the former engineer
to determine if Meyer-Rohlin is responsible for some of the costs
involved under its Errors and Omissions policy.
Vetsch made a motion to have Couri draft an agreement based
on the terms of the negotiated settlement for the Council to review
at the next meeting. Anderson seconded the motion. All voted aye.
Linda presented a proposal from Vetsch Custom Cabinets to
build a Council table for City Hall at a cost of $3,175.00.
Councilmember Berning stated he will abstain from voting on this
issue. Councilmember Vetsch stated that he does not feel there is
a conflict of interest with his vote and he will vote on the
question. Linda explained there is currently $3,246.76 in the
building equipment account that will cover the cost and recommended
approval of the proposal.
Howard Larson suggested that the Council delay the purchase
of the Council table until later in the year to ensure that the
funds in the account Linda discussed are not needed for a more
urgent need.
Anderson made a motion to accept the proposal from Vetsch
Custom Cabinets to construct a Council table at a cost of
$3,175.00. Vetsch seconded the motion. Anderson, Vetsch, Potter
and Barthel voted aye. Berning abstained;. The motion carried.
As requested Linda reported that she had received a price on
networking the two City computers. The system is expandable up to
100 terminals. Howard Larson advised the Council that his has
experience with networking and the service bills can be very high.
Linda explained that she is not very familiar with networking and
would make no recommendations based on her lack of knowledge. The
Council tabled discussion on computer networking for the City until
more information is received.
Mayor Potter appointed Anderson and Potter to serve on the
committee to negotiate the employment contract with Dale Powers.
Councilmember Berning requested that the Council send a letter
to Ann Culley thanking her for her years of service to the City.
Howard Larson addressed the Council and asked for Council's
ALBERTVILLE CITY COUNCIL
Febraary 2-2, 1994
Page 6 of 6
position on allowing auxiliary buildings on larger parcels within
the City. As a Planning Commission member, he would like to
address this issue at the next Planning meeting and would like to
have an idea of the Council's position. The Council would consider
the Planning Commission's recommendation if it is presented.
Larson also asked the Council to make the public aware of the
committee meetings held to consider a new fire building. Linda was
directed to put a notice on the Fire Building Committee's next
meeting on March 10, 1994, at 7:00 PM in the official newspaper.
Attorney Couri presented a letter dated February 22, 1994,
addressing the legal authority of the City to condemn land owned
by Doug and Beatrice Psyk to allow the Heuring property on the
corner of County Roads 19 and 35 to be served with sanitary sewer.
Although the City does have the authority to acquire the Psyk land
in question, Couri recommends that the Council not consider take
further action. He feels that the problem can and should be
resolved by the two property owners.
Couri advised the Council that the ADA requirements applicable
to the old city hall building allow for "reasonable accommodations"
for handicapped accessibility. He advised that the City can allow
community services organizations to use the building but suggested
that a doorbell of some sort be installed that a handicapped person
can use for notification of assistance needed. The organizations
will also have access to the handicapped -accessible park shelter
building if it is necessary. Linda will contact each service
organization to determine if there are currently handicapped
individuals involved regularly in their meetings who may require
special services.
Couri advised the Council that an HRA could be established for
the City. He has some information available but is not sure of all
the notice requirements, etc. prior to the establishment of the
HRA. Couri will have concrete information for the Council by the
end of the week.
Linda was directed to review the ordinances to determine if
there is currently an ordinance regarding city administrators. She
will also contact the LMC for a sample ordinance if necessary.
There was no further business and the meeting was adjourned
at 9:35 PM.
Michael Potter, Mayor
Linda Foughton, Cl Pr'�
RCM
Rieke
Carroll
Muller
Associates, Inc.
Engineers
Architects
Land Surveyors
Equal Opportunity Employer
TRANSMITTAL
TO Ms. Linda Houghton, City Clerk
City of Albertville
P.O. Box 131
Albertville, MN 55301
DATE: February 16, 1994
FILE NO. 10238.01
PROJECT:
PHASE
Enclosed x
We are sending
under separate
cover
Minnetonka Office
10901 Red Circle Drive
P.O. Box 130
Minnetonka, MN 55343
612-935-6901
FAX 612-935-8814
sets
1 copy
originals
DESCRIPTION: Per your request, enclosed is a copy of the Sewer Use and Service Charge
Ordinance along with Amendments for the City of Albany.
These are: (as checked below)
1. ❑ Approved
2. []Not approved
3. []Approved as noted
4. ❑ For your approval
S. ❑ Return for revision
Correct and resubmit
6. ❑ For your files
7. ❑ For your distribution
S. ® For your review
REMARKS: A copy of the above information is being sent to Mike Potter.
copy to: data & trans. trans. only
RCM file rx�
By
Peter J. Carlson, P.E.
ALBANY, MINNESOTA SEWER SERVICE CHARGE
ORDINANCE AMENDMENTS
AUGUST, 1993
ARTICLE V: Section 5.01
Amend the "Schedule of Charges" for 1994 as follows:
For Industrial Users:
• Flow charge: 18.0¢/1,000 gallons of metered wastewater flow
• BOD charge: 4.0¢/pound
• SS Charge: 6.0¢/pound
• Phosphorus charge (PO4): $1.75/pound
• Administration charge: $5.00/quarter
Equivalent domestic charge for residential and commercial users:
• 50.0¢/1,000 gallons of metered water usage
• Administration charge: $5.00/quarter
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Sewer Use & Service Charge Ordinance
CITY OF ALBANY, STEARNS COUNTY, MINNESOTA
SEWER USE AND SEWER SERVICE CHARGE ORDINANCE
ORDINANCE NUMBER 1985-1
ARTICLE I
GENERAL PROVISIONS
SECTION 1.01 Purpose and Policy . This Waste I -later Discharge
Ordinance sets uniform requirements for discharges into the waste water
collection and treatment system and enables the City to comply with the
administrative provisions of the Clean Water Grant Regulations, the water
quality requirements set by the Minnesota Pollution Control Agency and the
applicable effluent limitations, national standards of performance, toxic and
pretreatment effluent standards, and any other discharge criteria which are
required or authorized by State or Federal law, and to derive the maximum
public benefit by regulating the quality and quantity of waste water discharged
into the City sewer system. This Ordinance provides a means for determining
waste water volumes, constituents and characteristics, the setting of charges
and fees, and the issuance of permits to certain users. Revenues derived from
the application of this Ordinance shall be used to defray the City's cost of
operating and maintaining adequate waste water collection and treatment systems
and to provide sufficient funds for capital outlay, bond service costs, capital
improvements, and depreciation.
SECTION 1.02 Definitions . Unless otherwise defined herein, terms
shall be as adopted in the latest edition of Standard Methods for the
Examination of Water and Waste Water , published by the American Public Health
Association, the American Water Works association, and the rater Pollution
Control Federation. Waste constituents and characteristics shall be measured
by Standard Methods unless expressly stated, or as established by Federal or
State regulatory agencies.
a. "Building Sewer" A sewer conveying waste water from the premises
of a user to a community sewer.
b. "Beneficial Uses" Uses of the waters of the State that may be
protected against quality degradation including domestic, municipal,
agricultural and industrial supply, power generation, recreation, aesthetic
enjoyment, navigation and the preservation and enhancement of fish, wildlife
and other aquatic resources or reserves, and other uses, both tangible or
intangible as specified by Federal or State law.
C. "BOD" (Biochemical Oxygen Demand) The quantity of oxygen expressed
in parts per million by weight, utilized in the biochemical oxidation of
organic matter under standard laboratory conditions in five (5) days at 20C.
The laboratory determinations shall be made in accordance with procedures set
forth in "Standard Methods".
d. "City" The City of Albany, Minnesota or any authorized agent
acting in its behalf.
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e. "COD" (Chemical Oxygen Demand) The oxygen equivalent of that
portion of the organic and inorganic matter in a sample of waste water,
expressed in parts per million by weight, that can be oxidized by a strong
chemical oxidizing agent. The laboratory determinations shall be made in
accordance with procedures set forth in "Standard Methods".
f. "Combined Sewer" A sewer intended to receive both waste crater and
storm or surface water. The City has no combined sewers.
g. "Community Sewer" A sewer owned and operated by the City tributary
to a treatment facility operated by the City or the Authority.
h. "Compatible Pollutant" Biochemical oxygen demand, suspended
solids, pH and fecal coliform bacteria, plus additional pollutants identified
in the City's National Pollutant Discharge Elimination System (NPDES) Permit if
the City's treatment works was designed to treat such pollutants, and in fact
does remove such pollutants to a substantial degree.
i. "Construction Cost" The total cost incurred in the construction of
sewerage works, consisting of but not limited to the sums spent for the
following purposes:
1: Actual sums paid for construction of waste water
treatment facilities and for land acquisition.
2. Actual engineering fees paid for preliminary
engineering studies, plans and specifications,
services during construction, construction
staking, operation and maintenance manuals and
initial operator training.
3. Actual sums paid for soils investigations,
waste water sampling, and materials testing
required for such construction.
4. Actual fees and wages paid for legal,
administrative, and fiscal services required
by construction of waste water treatment
facilities.
5. Actual interest paid on the total amount -
financed by debt obligation for construction
of waste water treatment facilities.
j. "Contamination" An impairment of the quality of the waters of the
State by waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease. Contamination shall include any
equivalent effect resulting from the disposal of waste water, whether or not
Waters of the State are affected.
k. "Debt Service Charge" The total charge levied on users for
purposes of paying construction costs (principal and associated interest) of
obligations incurred to finance acquisition and/or construction of sewerage
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works.
1. "Federal Act" The Federal Water Pollution Control Act, PL 92-500,
and any amendments thereto; as well as any guidelines, limitations, and
standards promulgated by the Environmental Protection City pursuant to the Act.
M. "Holding Tank Waste" Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
n. "Incompatible Pollutant" Any pollutant which is not a "compatible
pollutant" as defined in this Section.
o. "Industrial Wastes" as distinct from domestic or sanitary wastes,
shall mean the waste water from industrial processes, trade, or business.
p. "Major Contributing Industry" Any waste water contributor
identified in the Standard Industrial Classification (SIC) Manual in any of
Divisions A,B,D,E, and I that: (1) has a discharge flow of 50,000 gallons or
more per average work day (if seasonal, the average shall be computed on the
period of use), or (2) has a flow or pollutant loading greater than five
percent of the design capacity of the City's treatment works; or (3) has in its
wastes toxic pollutants in toxic amounts as defined in the standards issued
under Section 307 (a) of the Federal Water Pollution Act Amendments of 1972, or
(4) is found by the City's authorized representative to have significant
impact, either singly or in combination with other contributing industries on
the treatment works or upon the quality of effluent from the treatment works.
a. "Manager" The manager of the City or representatives designated by
the City Council.
r. "Mass Emission Rate" The weight of material discharged to the
community sewer system during a given time interval. Unless otherwise
specified, the mass emission rate shall mean pounds per day of a particular
constituent or combination of constituents.
S. "NPDES Permit" shall mean the National Pollutant Discharge
Elimination System Permit held by the City. This permit, which establishes
limits on quality and quantity of discharges from -the City treatment works, was
issued by the State and Federal governments in accordance with the provisions
of the Federal Water Pollution Control Act, as amended, (33 U.S.C. '1251,.et.
seq.; the "Act", Section 402 and 405).
t. "Normal Strength Domestic Waste Water" Normal domestic strength
waste water means waste water that is primarily produced by residential users
with 5-day BOD concentrations not greater than 182 mg/l, suspended solid
concentrations not grater than 164 mg/l, and Phosphorus concentrations not
greater than 11 mg/l. The COD of normal domestic waste water shall not exceed
350 parts per million.
U. "Operation and Maintenance Cost" Annual expenditures made by the
City in the operation and maintenance of its sewerage works, consisting of but
not limited to the sums spent for each of the following purposes:
1. Wages and salaries of all operating, maintenance,
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administrative, and supervisory personnel, together
with all premiums paid on such wages and salaries
(State of Minnesota workmen's compensation
coverage, for example),
2. Actual sums paid for electricity for light and
power used for waste water collection and treatment
facilities,
3. Actual sums paid for chemicals, fuel and other
operating supplies,
4. Actual sums paid for repairs to and maintenance of
waste water collection and treatment facilities and
and the equipment associated therewith,
5. Actual sums paid as premiums for hazard insurance
carried on sewerage works,
6. Actual sums paid as premiums for insurance
providing coverage against liability imposed by
law for the injury to human beings and/or property
(including death) of any human being or human beings
resulting from the use and maintenance of said
sewerage works,
7. Actual sums paid for replacement of equipment
within the useful life of the waste water
treatment facilities, for example the cost to
replace an electric motor or pump that fails, or
a broken part in a pump, and
8. Actual sums set aside in a sinking fund
established to provide a future capital amount
for replacement of sewerage works equipment.
v. "Any one or Individual(s)" means any individual, firm, company,
partnership, association, and private, public and municipal corporations
responsible corporate officer, the United States of America, the State of
Minnesota, districts and all political subdivisions, governmental agencies and
mandatories thereof.
W. "pH" shall mean the logarithm of the reciprocal of the hydrogen
ion concentration. The concentration is the weight of hydrogen ions, in grams
per liter of solution. Neutral water, for example, has a pH value of 7 and a
hydrogen ion concentration of 0.000,000,1 grams/liter, or 10-7 grams per liter.
X. "Pollution" An alteration of the quality of the Waters of the
State by waste to a degree which unreasonably affects such waters for
beneficial use or affects the facilities which serve such beneficial uses.
Pollution may include contamination.
Y. "Premises" A parcel of real estate or portion thereof including
any improvements thereon which is determined by the City to be a single user
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for purposes of receiving, using, and paying for service.
Z. "Reclaimed Water" Water which, as a result of treatment of waste,
is suitable for direct beneficial use or a controlled use that would not
otherwise occur.
aa. "Sanitary Sewer" shall mean a sewer that carries liquid and water
carried wastes from residences, commercial buildings, industrial plants, and
institutions together with minor quantities of ground, storm, and surface
waters (infiltration/inflow) that are not admitted intentionally.
bb. "Sewer Service Charge" The total charge levied on users for sewer
service. Sewer service charge is the sum of "user charge" and "debt service
charge".
CC. "Standard Methods" shall mean the examination and analytical
procedures set forth in the latest Edition at the time of the analysis of
"Standard Methods for the Examination of Water and Waste Water" as prepared,
approved and published jointly by the American Public Health Association, the
Water Pollution Control Federation, and the American Water Works Association.
Such "standard methods" shall also conform to Federal Register Reprint 40 CFR
136, "Guidelines Establishing Test Procedures for Analysis of Pollutants (Oct.
16, 1973).
dd. "State Agency" The Minnesota Pollution Control Agency.
ee. "Storm Drain" (sometimes termed "storm sewer") shall mean a drain
or sewer for conveying water, ground water, subsurface water, or unpolluted
water from any source.
ff. "Suspended Solids" or "Total Suspended Solids" or "TSS" shall mean
total suspended matter that either floats on the surface of, or is in
suspension in, water, waste water, or other liquids, and that is removable by
laboratory filtering as prescribed in "Standard Methods for the Examination of
Water and Waste Water" and referred to as ncnfilterable residue.
gg. "Treatment Works" Any devices and systems used in the storage,
treatment, recycling, and reclamation of municipal sewage or industrial wastes
of a liquid nature or necessary to recycle or reuse water at the most
economical cost over the useful life of the works, including interceptor
sewers, outfall sewers, sewage collection systems, pumping, power, and other
equipment and appurtenances; extensions, improvements, remodeling, additional
and alterations thereof; elements essential to provide a reliable recycled
supply such as standby treatment units and clear well facilities; and any
works, including site acquisition of the land that will be an integral part of
the treatment process or is used for ultimate disposal of residues resulting
from such treatment; or any other method or system for preventing, abating,
reducing, storing, treating, separating or disposing of municipal waste,
including storm water run-off, or industrial waste, including waste in combined
storm water and sanitary sewer systems.
hh. "Unpolluted Water" Water to which no constituent has been added,
either intentionally or accidentally, which would render such water
unacceptable to the agency having jurisdiction thereof for disposal storm or
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natural drainage or directly to surface waters.
ii. "User" Anyone that discharges, causes or permits the discharge of
waste water into a community sewer.
jj. "User Charge" A charge levied on users to recover the cost of
operation, maintenance, and replacement of sewerage works, pursuant to Section
204(b) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251
et seq).
kk. "User Class" The division of the users by waste water
characteristic or discharge similarities (example; residential, commercial,
industrial, institutional, and governmental)
1. "Commercial User" Any establishment listed
in the Office of Management and Budget
"Standard Industrial Classification Manual"
(1972 edition) involved in a commercial
enterprise, business or service which, based
on a determination by the City, discharges
primarily segregated domestic waste water or
waste water from sanitary conveniences.
2. "Governmental User" Any Federal, State, or
local government user of the waste water
treatment facilities.
3. "Industrial User" Any non -governmental user
of the publicly owned treatment facilities
identified in the 1972 Standard Industrial
Classification Manual (SICM), Office of
Management and Budget as amended. For the
purposes of this Ordinance an Industrial
user is a user whose waste water discharged
into the sewer system is of a strength
in excess of the normal domestic waste water
except that when the waste water of an
industry is of the strength or normal domestic
waste water the industry will be billed as
a commercial user.
4. "Institutional User" Any establishment listed
in the "SICM" involved in a social, charitable,
religious, or educational function which,
based on a determination by the City, discharges
primarily segregated domestic waste water or
waste water from sanitary conveniences.
5. "Residential User" A user of the treatment
facilities whose premises or building is used
primarily as a residence for one or more
human beings, including dwelling units such as
detached, semi-detached, and row houses,
mobile homes, garden and standard apartments
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or permanent multi -family dwellings. (Transit
lodging, considered commercial in nature,
is not included.)
11. "Waste" Includes sewage and any and all other waste substances,
liquid, solid, gaseous, associated with human habitation, or of human or animal
origin, or from any producing, manufacturing, or processing operation of
whatever nature, including such waste placed within containers of whatever
nature prior to, and for purposes of, disposal.
mm. "Waste Water" Waste and water, whether treated or untreated,
discharged into or permitted to enter a community sewer.
nn. "Waste Water Constituents and Characteristics" The individual
chemical, physical, and bacteriological parameters, including volume and flow
rate and such other parameters that serve to define, classify or measure the
contents, quality, quantity and strength of waste water.
oo. "Waters of the State" Any water, surface or underground, including
saline waters within the boundaries of the State.
pp. "Flat Charge". The charge levied on users to recover administration
costs and costs related to infiltration and inflow.
qq. "Inflitration/Inflow" The total quantity of water from both
infiltration water entering the the sewage system from the ground through such
means as defective pipes, pipe joints, connections and manhole walls; and
inflow water other that waste water which enters the system from sources such
as roof leaders, manhole covers cellar, yard, foundation and area drains, catch
basins, surface runoff, etc.
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END OF ARTICLE I.
ARTICLE II
REGULATIONS
SECTION 2.01 Prohibitions On Discharges.
SECTION 2.01.1 Any waste water containing toxic pollutants in
sufficient quantity, either singly or by interaction with other pollutants, to
inhibit or disrupt any waste water treatment process, constitute a hazard to
humans or animals, or create a toxic effect in the receiving water of the waste
water disposal system. A toxic pollutant shall include but not be limited to
any pollutant identified pursuant to Section 307(a) of the Clean Water Act.
SECTION 2.10.2 No one shall discharge wastes to a community sewer
which cause, threaten to cause, or are capable of causing either alone or by
interaction with other substances.
a. a fire or explosion;
b. obstruction of flow or injury to the treatment works;
c. danger to life or safety of personnel;
d. a strong offensive odor or prevention of the effective
maintenance or operation of the treatment works;
e. air pollution by the release of toxic or malodorous
gas -producing substances;
f. interference with the waste water treatment process;
g. the City's effluent or any other product of the treatment
process, residues, sludge, or scum, to be unsuitable
for reclamation and reuse or to interfere with the
reclamation process;
h. a detrimental environmental impact or a nuisance in
the Waters of the State or a condition unacceptable
to any public agency having regulatory jurisdiction
over the City;
i. Discoloration or any other condition in the quality
of the City's treatment works effluent such that
receiving water quality requirements established by
law cannot be met;
j. Any.waste water or matter that would directly or
indirectly result in a violation of the City's NPDES
permit;
k. The City's treatment works to be overloaded or cause
excessive City collection or treatment costs.
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SECTION 2.02 Prohibitions on Storm Drainage and Ground Water. Storm
water, ground water, rain water, street drainage, subsurface drainage or yard
drainage shall not be discharged through direct or indirect connections to a
sanitary sewer unless a permit is issued by the City. The City may approve the
discharge of such water only when no reasonable alternative method of disposal
is available.
SECTION 2.02.1 If a permit is granted for the discharge of such water
into a community sewer, the user shall pay the applicable charges and fees and
meet such other conditions as required by the City.
SECTION 2.03 Prohibition on Unpolluted Water. Unpolluted water,
including, but not limited to cooling water, process water or blow -down from
cooling towers or evaporative coolers shall not be discharged through direct or
indirect connection to a community sewer unless a permit is issued by the City.
The City may approve the discharge of such water only when no reasonable
alternative method of disposal is available.
SECTION 2.03.1 If a permit is granted for the discharge of such water
into a community sewer, the user shall pay the applicable charges and fees and
shall meet such other conditions as required by the City.
SECTION 2.04 Limitations on Radioactive Wastes. No one shall
discharge or cause to be discharged, any radioactive waste into a community
sewer.
SECTION 2.05 Limitations on the Use of Garbage Grinders. Waste from
garbage grinders shall not be discharged into a community sewer except:
a. wastes generated in preparation of food normally
consumed on the premises, or
b. where the user has obtained a permit for that specific
use from the City, and agrees to undertake whatever
self -monitoring is required to enable the City to
equitably determine the charges and fees based on the
waste constituents and characteristics.
SECTION 2.05.1 Such grinders must shred the waste to a degree that all
particles will be carried freely under normal flow conditions prevailing in
the community sewer. Garbage grinders shall not be used for grinding plastic,
paper products, inert materials, or garden refuse.
SECTION 2.05 Limitations on Point of Discharge. No one shall
discharge any substances directly into a manhole or other opening in a
community sewer other than through an approved building sewer, unless he has
been issued a permit by the City. If a permit is issued for such direct
discharge the user shall pay the applicable charges and fees and shall meet
such other conditions as required by the City.
SECTION 2.07 Holding Tank Waste. No one shall discharge any holding
tank waste into a community sewer unless he has been issued a permit by the
City. Unless otherwise allowed by the City under the terms and conditions of
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the permit, a separate permit must be secured for each separate discharge. This
permit will state the specific location of discharge, the time of day the
discharge is to occur, the volume of the discharge and the waste water
constituents and characteristics. If a permit is granted for discharge of such
waste into a community sewer, the user shall pay the applicable charges and
fees and shall meet such other conditions as required by the City. An
exception to the above is that no permit will be required for discharge of
domestic wastes from mobile home holding tanks provided that such discharges
are made into a City approved facility designed to receive such wastes.
SECTION 2.08 Limitations on Waste Water Strength.
SECTION 2.80.1 No one shall discharge waste water
containing in excess of:
0.1 mg/l arsenic
0.2 mg/l cadmium
2.0 mg/l copper
1.0 mg/1 cyanide
1.0 mg/l lead
0.01 mg/l mercury
1.0 mg/l nickel
0.2 mg/1 silver
0.5 mg/1 total chromium
3.0 mg/l zinc
SECTION 2.08.2 No one shall discharge any waste water:
a. Having a temperature higher than 150 F (65.5 C).
b. Containing more than 150 mg/l of Oil or Grease of
animal or vegetable origin.
c. Containing more than 100 mg/l of Oil or Grease of
mineral or petroleum origin.
d. Having a pH less than 6.5 or more than 8.5.
e. Containing in excess of 0.02 mg/l total identifiable
chlorinated hydrocarbons which cannot be removed by the
City's waste water treatment process.
SECTION 2.09 Disposal of Unacceptable Waste. Waste not permitted to
be discharged into the community sewer must be transported to a State approved
disposal site.
SECTION 2.10 Special Considerations. If any waters or wastes are
discharged or are proposed to be discharged to the community sewer, which
waters contain the substances or possess the characteristics enumerated in the
previous sections, and which in the judgment of the City may have a deleterious
effect upon the waste water facilities, processes, equipment, or receiving
waters, or which otherwise create a hazard to life or constitute a public
nuisance, the City may:
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1. Reject the wastes,
2. Require pretreatment to an acceptable condition or
discharge to the public sewer,
3. Require control over the quantities and rates of
discharge, and/or
4. Require payment to cover added cost of handling and
treating the wastes not covered by existing taxes or
service changes.
If the City permits the pretreatment or equalization of
waste flows, the design and installation of the plants
and equipment shall be subject to the review and approval
of the City.
SECTION 2.11 Building Sewers and Connections.
SECTION 2.11.1 No unauthorized individual(s) shall uncover, make any
connections with or opening into, use, alter, or disturb any public sewer or
appurtenance thereof without first obtaining a written permit from the City.
SECTION 2.11.2 New connections to the sanitary -sewer system shall be
prohibited unless sufficient capacity is available in all downstream
facilities, including, but not limited to, capacity for flow, BOD, and
suspended solids.
SECTION 2.11.3 All costs and expenses incidental to the installation
and connection of the building sewer shall be borne by the owner (s). The
owner(s) shall indemnify the City from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
SECTION 2.11.4 A separate and independent building sewer shall be
provided for every building; unless written permission for an alternative is
obtained from the City. The City does not and will not assume any obligation
or responsibility for damage caused by or resulting from any such single
connection aforementioned.
SECTION 2.11.5 Old building sewers may be used in connection with new
buildings only when they are found, on examination and test by the City, to
meet all requirements of this Ordinance.
SECTION 2.11.6 The size, slope, alignment, materials of construction
of a building sewer, and the methods to be used in excavating, placing of the
pipe, jointing, testing, and backfilling the trench, shall all conform to the
requirements of the building and plumbing code or other applicable rules and
regulations of the City.
SECTION 2.11.7 Whenever possible, the building sewer shall be brought
to the building at a elevation below the basement floor. In all buildings in
which any building drain is too low to permit gravity flow to the community
sewer, sanitary waste water carried by such building drain shall be lifted by
an approved means and discharged to the building sewer.
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SECTION 2.11.8 No individual(s) shall make connection of roof
downspouts, foundation drains, area drains, sump pumps, or other sources of
surface runoff or ground water to a building sewer or building drain which in
turn is connected directly or indirectly to a community sewer (unless such
connection is approved by the City).
SECTION 2.11.9 The connection of the building sewer into the
community sewer shall conform to the requirements of the building and plumbing
code or other applicable rules and regulations of the City. All such
connections shall be made gastight and watertight and verified by proper
testing. Any deviation from the prescribed procedures and materials must be
approved by the City before installation.
SECTION 2.11.10 The applicant for the building sewer permit shall
notify the City when the building sewer is ready for inspection and connection
to the community sewer. The connection and testing shall be made under the
supervision of the City.
SECTION 2.11.11 All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as to protect the public
from hazard. Streets, sidewalks, parkways, and other public property disturbed
in the course of the work shall be restored in a manner satisfactory to the
City.
END OF ARTICLE II.
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ARTICLE III
WASTE WATER VOLUME DETERMINATION
SECTION 3.01 Metered Water Supply. When charges and fees are based
upon the water usage, such charges and fees shall be applied against the total
amount of water used from all sources unless, in the opinion of the City,
significant portions of water received are not discharged to a community sewer.
The total amount of water used from public and private sources will be
determined by means of public meters or private meters, installed and
maintained at the expense of the user and approved by the City.
SECTION 3.02 Metered Waste Water Volume and Metered Diversions.
When charges and fees are based upon water usage and where, in the opinion of
the City, a significant portion of the water received from any metered source
does not flow into the community sewer because of the principal activity of the
use or removal by other means, the charges and fees will be applied against the
volume of water discharged from such premises into the community sewer. Written
notification and proof of the diversion of water must be provided by the user,
and approved by the City, if the user is to avoid the application of the
charges and fees against the total amount of water used from all sources. The
user may install a meter of a type and at a location approved by the City and
at the user's expense. Such meters shall measure either the amount of sewage
discharged or the amount of water diverted. Such meters shall be maintained at
the expense of the user and be tested for accuracy at the expense of the user
when deemed necessary by the Manager.
SECTIO14 3.03 Estimated Waste Water Volume.
SECTION 3.03.1 Users with Source Meters. For users who, in the
opinion of the City, divert a significant portion of their flow from a
community sewer, the charges and fees may be based upon an estimate of the flow
and volume to be discharged, prepared by the user and approved by the City,
provided the user obtains a Waste Water Discharge Permit and pays the
applicable charges and fees. The estimate must include the method and
calculations used to determine the waste water volume and may consider such
factors as the number of fixtures, seating capacity, population equivalents,
annual production of goods and services, or such other determinations of water
use necessary to estimate the waste water volume discharged.
END OF ARTICLE III.
{Page 131 <RE -ADOPTED AUGUST 14, 1985>
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ARTICLE IV
DISCHARGE REPORT, WASTEWATER DISCHARGE PERMITS,
AND ADMINISTRATION
SECTION'4.01 Discharge Reports. The City may require that any one
discharging or proposing to discharge waste water into a community sewer file a
periodic Discharge Report. The Discharge Report may include, but not be
limited to, nature of process, volume, rates of flow, mass emission rate,
production quantities, hours of operation, number and classification of
employees, or other information which relates to the generation of wastes
including waste water discharge. Such reports may also include the chemical
constituents and quantity of liquid or gaseous materials stored on site even
though they are not normally discharged. In addition to Discharge Reports, the
City may require information in the form of Waste Water Discharge Permit
applications and self -monitoring reports. All measurements, tests, and
analysis of waste water characteristics be determined in accordance with the
latest edition of "standard methods".
SECTION 4.02 Waste Water Discharge Permits.
SECTION 4.02.1 Mandatory Permits. Each "major contributing industry"
as defined in Section 1.02 or other users with a discharge equivalent to that
of a major contributing industry, if not connected to a community sewer, must
obtain a Waste Water Discharge Permit before connecting to or discharging into
a community sewer. Each currently connected "major contributing industry" or
equivalent user must obtain a Waste Water Discharge Permit within 90 days after
the effective date of this Ordinance.
SECTION 4.02.2 Permit Application. Users seeking a Waste Water
Discharge Permit shall complete and file with the Manager, an application in
the form prescribed by the Manager, and accompanied by the applicable fees. The
applicant may be required to submit, in units and terms appropriate for
evaluation, the following information.
a. Name, address, and SIC number of applicant;
b. Volume of waste water to be discharged;
c. Waste Water constituents and characteristics
including but not limited to those mentioned
in Sections 2.08 as determined by a laboratory
approved by the City.
d. Time and duration of discharge;
e. Average and 30 minute peak waste water flow rates,
including daily, monthly and seasonal variations
if any;
f. Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers and
appurtenances by size, location and elevation.
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g. Description of activities, facilities and plant
process on the premises including all materials,
processes and types of materials which are or
could be discharged;
h. Each product produced by type, amount, and rate
of production;
i. Number and type of employees, and hours of work;
j. Any other information as may be deemed by the
Manager to be necessary to evaluate the permit
application.
SECTION 4.02.3 The Manager will evaluate the data furnished by the
user and may require additional information. After evaluation and approval of
all the data required, the Manager may issue a Waste Water Discharge Permit
subject to terms and conditions provided herein.
SECTION 4.02.4 Permit Conditions. Waste Water Discharge Permits
shall be expressly subject to all provisions of this Ordinance and all other
ordinances, regulations, charges and fees established by the City. The
conditions of Waste Water Discharge Permits shall be uniformly enforced by the
Manager in accordance with this Ordinance, and applicable State and Federal
regulations. Permits may contain the following:
a. The unit charge or schedule of charges and fees
for the waste water to be discharged to a
community sewer;
b. The average and maximum waste water constituents
and characteristics;
c. Limits on rate and time of discharge or requirements
for flow regulations and equalization;
d. Requirements for installation of inspection and
sampling facilities;
e. Pre-treatment requirements;
f. Specifications for monitoring programs which may
include sampling locations, frequency and method
of sampling, number, types and standards for
tests and reporting schedule;
g. Requirements for submission of technical reports
or discharge reports;
h. Requirements for maintaining plant records
relating to waste water discharge as specified by
the City, and affording City access thereto;
i. ,Sean and maximum mass emission rates, or other
{Page 151 <RE -ADOPTED AUGUST 14, 1985>
(Albany) Sewer Use & Service Charge Ordinance
appropriate limits when incompatible pollutants
(as defined by section 1.02.j) are proposed or
present in the user's waste water discharge.
j. Other conditions as deemed appropriate by the
. City to insure compliance with this -Ordinance.
SECTION 4.02.5 Duration of Permits. Waste Water Discharge Permits
shall be issued for a specified time period, not to exceed five (5) years. A
Permit may be issued for a period less than a year or may be stated to expire
on a specific date. If the user is not notified by the City 30 days prior to
the expiration of the Permit, the Permit shall be extended one additional year.
The terms and conditions of the Permit may be subject to modification and
change by the City during the life of the Permit as limitations or requirements
as identified in section 2.08 are modified and changed. The user shall be
informed of any proposed changes in the Permit at least 30 days prior to the
effective date of change. Any changes or new conditions in the Permit shall
include a reasonable time schedule for compliance.
SECTION 4.02.6 Transfer of a Permit. Waste Water Discharge Permits
are issued to a specific user for a specific operation. A Waste Water
Discharge Permit shall not be reassigned or transferred or sold to a new owner,
new user, different premises, or a new or changed operation.
SECTION 4.02.7 Revocation of Permit. Any user who violates the
conditions of the Waste Water Discharge Permit, any provisions of this
Ordinance, applicable State and Federal regulations, or any of the following,
is subject to having his Permit revoked;
a. Failure of a user to factually report the
waste water constituents and characteristics
of his discharge;
b. Failure of the user to report significant
changes in operations, or waste water constituents
and characteristics; or,
c. Refusal of reasonable access to the user's
premises for the purpose of inspection or
monitoring.
SECTION 4.03 Monitoring Facilities. Users who propose to
discharge, or who in the judgment of the City could discharge now or in the
future, waste water with constituents and characteristics different from that
produced by a domestic premise (see SECTION 5.04) will be required to install a
monitoring facility.
SECTION 4.03.1 When more than one user can discharge into a common
building sewer, the City may require installation of a separate monitoring
facility for each user. Also when, in the judgment of the City, there is a
(Page 16} <RE -ADOPTED AUGUST 14, 1985>
(Albany) Sewer Use & Service Charge Ordinance
significant difference in waste water constituents and characteristics produced
by different operations of a single user the City may require that separate
monitoring facilities be installed for each separate discharge.
SECTION 4.03.2 Monitoring facilities that are required to be installed
shall be constructed, operated and maintained at the user's expense. The
purpose of the facility is to enable inspection, sampling and flow measurement
of waste water produced by a user. If sampling or metering equipment is also
required by the City it shall be provided, installed and operated at the user's
expense. The monitoring facility will normally be required to be located on the
user's premises outside of the building. The City may, when such a location
would be impractical or cause undue hardship on the user, allow the facility to
be constructed in the public street or sidewalk area, with the approval of the
public agency having jurisdiction over that street or sidewalk, and located so
that it will not be obstructed by landscaping or parked vehicles.
SECTION 4.03.3 If the monitoring facility is inside the user's fence,
there shall be accommodations to allow safe and immediate access for City
personnel, such as a gate secured with a City lock. There shall be ample room
in or near such facility to allow accurate sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition by
and at the expense of the user.
SECTION 4.03.4 Whether constructed on public or private property, the
monitoring facilities shall be constructed in accordance with .the City's
requirements and all applicable local agency construction standards and
specifications. When, in the judgment of the City, an existing user requires a
monitoring facility, the user will be so notified in writing. Construction must
be completed within 90 days following written notification unless a time
extension is otherwise granted by the City.
SECTION 4.04 Inspection and Sampling. The City may inspect the
facilities of any user to ascertain whether the purpose of this Ordinance is
being met and all requirements are being complied with. Users or occupants of
premises where waste water is created or discharged shall allow the City or its
representative ready access at all reasonable times to all parts of the
premises for the purposes of inspection or sampling or in the performance of
any of their duties. The City shall have the right to set up on the user's
property such devices as are necessary to conduct sampling or metering
operations. Where a user has security measures in force which would require
proper identification, personnel from the City will be permitted to enter
without delay for the purposes of performing their specific responsibilities.
SECTION 4.05 Pretreatment. Users shall make waste water acceptable
under the limitations established herein before discharging into any community
sewer. Any facilities required to pretreat waste water to a level acceptable
to the City shall be provided and maintained at the user's expense. Detailed
plans showing the pretreatment facilities and operating procedures shall be
submitted to the City for review, and shall be approved by the City before
construction of the facility. The review and approval of such plans and
operating procedures shall be submitted to the City for review, and shall be
approved by the City before construction of the facility. The review and
approval of such plans and operating procedures will in no way relieve the user
from the responsibility of modifying the facility as necessary to produce an
(Page 17} <RE -ADOPTED AUGUST 14, 1985>
(Albany)
Sewer Use & Service Charge Ordinance
effluent complying with the provisions of this Ordinance. Any subsequent
changes in the pretreatment facilities or method of operation shall be reported
to and be approved by the City.
SECTION 4.06 Protection from Accidental Discharge. Each user shall
provide protection from accidental discharge of prohibited materials or other
wastes regulated by this Ordinance. Facilities to prevent accidental discharge
of prohibited materials or other wastes regulated by this Ordinance.
Facilities to prevent accidental discharge of prohibited materials shall be
provided and maintained at the user's expense. Detailed plans showing
facilities and operating procedures to provide this protection shall be
submitted to the City for review, and shall be approved by the City before
construction of the facility.
SECTION 4.06.1 The review and approval of such plans and operating
procedures will in no way relieve the user from the responsibility of modifying
the facility as necessary to provide the protection necessary to meet the
requirements of this Ordinance.
SECTION 4.07 Confidential Information. All information and data on a
user obtained from reports, questionnaires, permit application, permits and
monitoring programs and from inspections shall be available to the public or
any other governmental agency without restriction unless the user specifically
requests and is able to demonstrate to the satisfaction of the City that the
release of such information would divulge information, processes or methods
which would be detrimental to the user's competitive position.
SECTION 4.07.1 When requested by the individual furnishing a report,
the portions of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall be made
available to governmental agencies for use in making studies; provided,
however, the such portions of a report shall be available for use by the STATE
or any STATE Agency in judicial review or enforcement proceedings involving the
individual furnishing the report. Waste water constituents and characteristics
will not be recognized as confidential information.
SECTION 4.07.2 Information accepted by the City as confidential, shall
not be transmitted to any governmental agency or to the general public by the
City until and unless prior and adequate notification is given to the user.
SECTION 4.08 Special Agreements. No statement contained in this
article shall be construed as preventing any special agreement or arrangement
between the City and any industrial concern where an industrial waste of
unusual strength or character may be accepted by the City for treatment,
subject to payment therefore by the industrial concern providing the ITPDES
and/or State Disposal System Permit limitations are not violated.
END OF ARTICLE IV.
{Page 181 <RE -ADOPTED AUGUST 14, 1985>
(Albany)
Sewer Use & Service Charge Ordinance
ARTICLE V
SEWER SERVICE CHARGES
SECTION 5.01 Schedule of Charges. Users discharging waste water to
the sanitary sevrer system in accordance with the provisions of this Ordinance
shall be charged -an tthe basis of the volume and strength of waste
water discharged. T P Semi—annual service charge will include a user charge
component (to meet all costs associated with operation, maintenance, and
replacement of the waste water collection and treatment facilities) and a debt
retirement component (to meet facility construction costs). The -actual -service
charge -shall be based -upon-five--cost -causative elements_- ,r flow,t,.BOD,___ spendedL
solids, phosphorous, v,and administration. Administration,costs--shall.-Incluc4e
alla-costs (such as billing costs, insurance costs, and infiltration/inflow
s) that -are -mjudged ato-be-equitably=-recovered -on-.a-�unif.orm
tt;�ffminimum, orconnection;-ftype=-charge,. That is, administration costs
are not a variable among various users, since these costs are not a function of
the amount of waste water discharged by a particular user.
SECTION 5.02 Basis for Determination of User Charges. Users shall pay
their proportionate share of the expenses incurred by the City for the
construction, operation, maintenance and replacement of the sewage treatment
works, with the minimum rate for loading for 5-day BOD, suspended solids, and
phosphorous; the rate established being for concentrations of:
(a) 5-BOD 182 mg/l
(b) Suspended Solids 164 mg/l
(c) Phosphorous 11 mg/l, as illustrated examples of
Normal Domestic Strength Waste Water. Users shall pay an equitable amount for
expenses related to infiltration/inflow and administrative services.
SECTION 5.02.1 Unit costs for the treatment of "flow", "5-day BOD",
Suspended Solids", and "Phosphorous" shall be fixed annually in the "Sewer
Service Charge Outline" according to the following procedure.
A. Determination of the annual Administrative Budget
B. Determination of the annual Operating, Maintenance
and Replacement budget.
C. Determination of the annual amount of money necessary
for debt repayment.
D. Proportionate cost distribution of the annual
Operation, Maintenance, Replacement, and Debt Service
costs relative to "flow", "BOD", "suspended solids".
E. Determination of the percentage of the "flow" costs
attributable to the inflow/infiltration which are
then added to the administrative budget.
F. Determination of the "Flat Charge" by dividing the
sum of Article "E" above (i.e., administration budget
plus inflow/infiltration related costs) by the
{Page 191 <RE -ADOPTED AUGUST 14, 1985>
(Albany) Sewer Use & Service Charge Ordinance
number of "user connections"
(a) Each of the following shall constitute one
user connection:
a. a single family duelling
b. each apartment in an apartment house
c. each use in a multiple use facility (i.e.
one business and three apartment in a
single structure will be considered as
four (4) user connections.
d. hospital & nursing home. One user connection
for each four (4) resident or patient rooms.
c. schools, one user connection for each 100
students of portion thereof.
d. churches and auditoriums, one user connection
of each 100 seating spaces or portions thereof.
G. Determine "unit costs" by dividing the Operations,
Maintenance and Replacement attributable to flow, 5-day
BOD, suspended solids and phosphorus respectively by
the total annual billable volume and loading of
flow, 5-day BOD, suspended solids, and phosphorous.
H. Determine the (fixed rate) cost per 1,000 gallons
of normal strength waste.
SECTION 5.02.2 Users shall be"charged according to the following
formula:
A. Normal Domestic Strength Waste discharges
A = Q + (V X F)
Where: A = the Sewer Service Charge
Q = the Flat charge per connection for
administration and inflow/infiltration
related costs
V = the Volume of flow measured in 1,000 gallon
units over a period of time
F = the Fixed rate per 1,000 gallons of normal
domestic strength waste water for recovery
of the Operation, Maintenance and Replacement
expenses incurred and the local capital
recovery cost.
{Page 201 <RE -ADOPTED AUGUST 14, 1985>
(Albany) Sewer Use & Service Charge Ordinance
B. Industrial Waste Plater Dischargers
A = Q + (f X V) + (b X BOD) + (s X SS) + (p X PO4)
Where: A = the Sewer Service Charge
Q = the Flat charge per connection for
administration and inflow/infiltration
costs
f = the Unit cost for flow
V = Volume of flow as measured in 1,000
gallon units over a period of time
b = the Unit cost for 5-day BOD
BOD = the Pounds of 5-day BOD as measured
over a period of time
s = the Unit cost for suspended solids
SS = the Pounds of suspended solids as
measured over a period of time
p = the Unit cost for phosphorous
PO4 = the Pounds of phosphorous as measured
over a period of time.
SECTION 5.03 Distribution of Charges. Unit costs for flow, 5-day BOD,
suspended solids, phosphorous, administration, inflow/infiltration, and per
1,000 gallon of normal strength waste water shall be computed annually and
shall include operation and maintenance costs (including replacement costs) and
annual construction costs. The Costs shall be determined and fixed by the
method provided in this Ordinance and the Sewer Service Charge Outline
developed with the assistance of the consulting firm of Rieke Carroll Muller
and Associates of Hopkins, Minnesota 55343-0130 (Phone 612-935-6901)
SECTION 5.03.1. Costs shall be distributed annually as determined in
the Sewer Service Charge Outline, until changes in the actual costs/revenue
pattern render another distribution of costs more proportional. Initial unit
cost figures for the Sewer Use Service Charges will be established by the City
Council. Computations supporting unit cost figures (f, b, s and p) and service
charges shall be revised annually in accordance with the provisions of this
Ordinance, the SSC Outline and SECTION 204(b) of the Clean Water Act.
SECTION 5.03.2. All users shall pay their proportionate share of the
charges assessed for operations, maintenance and replacement costs of the
system, based on the user's proportionate contribution to the total waste water
loading from all users. Local construction costs for the Waste Water Treatment
Facility will be recovered from the users in proportion to their contributions
of waste water flow and loading into the system. The Unit costs for debt
service of capital expenditures attributable to flow, 5-day BOD, suspended
{Page 211 <RE -ADOPTED AUGUST 14, 1985>
(Albany)
Sewer Use & Service Charge Ordinance
solids, and phosphorous shall be determined by the method established in the
Service Charge Outline. In addition, each user shall be billed a fixed amount
"Q" per sewer connection to cover the administrative and inflow/infiltration
related costs.
SSCTION 5.03.3 All users discharging normal domestic strength waste
water shall be billed based on waste water volume only. "Industrial Users" who
discharge normal domestic strength waste water only, can be classified as
"commercial users" for the purposes of rate determination.
SECTIO14 5.03.4 All users discharging waste water with a strength lower
than that of normal domestic waste water (see SECTION 1.02), shall be billed
for normal domestic strength waste water discharge.
SECTION 5.03.5. All users who discharge waste water above the normal
strength of domestic waste water shall be billed at the unit cost rates as
established by the City Council as determined by the methods established by the
Sewer Service Charge Outline. Industrial users that discharge above normal
domestic strength waste water shall be billed monthly based upon the volume of
waste water, the pounds of 5-day BOD, the pounds of suspended solids, and the
pounds of phosphorous. In no case shall an industrial user's monthly bill be
than "Q", per sewer connection plus the fixed normal domestic strength waste
water for each 1,000 gallon unit of waste water discharged. .
SECTION 5.03.6 All users of the City sewer system not having a metered
source of water must install an accurate "water" or "waste water flow" metering
(at the users expense) which will serve as a basis for estimating the volume of
waste water discharged, and determining the user service charge. Monitoring
facilities shall conform to SECTI014 4.03 of this ordinance.
SECTION 5.03.7 Computations used in the development and subsequent
adjustments of all of the above mentioned rates shall be kept on file in the
City's Administrative Office and will be available for public review.
SECTION 5.04 Adjustment of Charges and Fees. The City shall revise
the charges for users or user classes to accomplish the following:
I. Maintain the proportionate distribution of Operation
and Maintenance costs among users and user classes;
2. generate sufficient revenue to pay the total operation
and maintenance costs necessary to the proper operation
and maintenance (including replacement) of the treat-
ment works; and
3. apply excess revenues collected from a class of users
to the costs of operation and maintenance attributable
to that class for the next year and adjust the rate
accordingly.
SECTION 5.05 Waste water Service Charges. Waste water service
charges provided for in this Ordinance shall be included as a separate item on'
the regular bill for water. Charges shall be paid at the same time that the
water charges of the user become due. The City shall annually notify all users
{Page 221 <RE -ADOPTED AUGUST 14, 1985>
(Albany)
Sewer Use & Service Charge Ordinance
what portion of the service charge is necessary to meet the operation,
maintenance, and replacement costs (user charge) and what portion is necessary
to meet long term debt (debt service charge).
SECTION 5.06 Non -severed Water Usage. The City Council may adopt a
policy for excluding summer -season non-sewered water usage (residential lawn
and garden irrigation water) from the volume utilized in computing the
residential sewer service charge.
END OF ARTICLE V.
{Page 231 <RE -ADOPTED AUGUST 14, 1985>
(Albany)
Sewer Use & Service Charge Ordinance
ARTICLE VI
SEWER SERVICE FUND
SECTION 6.01 The City of Albany hereby established a "Sewer Service
Fund", within the general operating fund, as an income fund to receive all
revenues generated by the Sewer Service System, and all other income dedicated
to the administration, operation, maintenance, replacement and construction of
the waste water treatment works, including taxes, special charges, fees, and
assessments intended to retire construction debt.
SECTION 6.01.1 The City also establishes the following income and
expenditure accounts within the Sewer Service Fund, within the general
operating fund:
1) Administration
2) Operation & maintenance
3) Equipment Replacement
4) Debt Retirement
SECTION 6.02 All revenue generated by the Sewer Service Charge System,
and all other income pertinent to the treatment system, including taxes and
special assessments dedicated to retire construction debt, shall be accounted
for separately within the general operating fund, as the "Administrative
Account", the "Operation and Maintenance Account". The��Equipment.7.'Replacement
Account.7_,and the ,"Debt -Retirement-Accountl-shall„be a;jt
from all-other--funds-of :.the -Xi V; .,-in.:Yaccordance- rw_ith,,*Statezand:aF"eral-
Reg ulati ons.zandt,,theapr.oyisions -4of -..this=or.dinancer
SECTION 6.03 Revenue - genera ted:_by._ the.:::Sewer--Service ,Charge..tS.ystem
sufficient - to -insure. adequate, -replacement throughout the design of the useful
life of the waste water treatment facility shall-be=•held-separate-and--�&aoaet�ne..
the me"_Equipment-,Replacement ,Accounb,":and-i-dedica.ted3to=a:f-feacting---tiepka�cemect
costs i Intezest-zi-ncome-;generated-- bya3the�"sEquipment!moReplacement;*Accouxb2mshzr.U-
rejna,A a, Equipment%kRepla'cementGAccountf..
END SECTION VI
{Page 241 <RE -ADOPTED AUGUST 14, 1985>
(Albany)
Sewer Use & Service Charge Ordinance
SECTION VII
ENFORCEMENT
SECTION 7.01 Accidental Discharges.
SECTION 7.01.1 Notification of Discharge. Users shall notify the City
immediately upon accidentally discharging wastes in violation of this Ordinance
to enable countermeasures to be taken by the City to minimize damage to the
community sewer, treatment facility, treatment processes and the receiving
waters.
SECTION 7.01.2 This notification shall be followed, within 15 days of
the date of occurrence, by a detailed written statement describing the causes
of the accidental discharge and the measures being taken to prevent future
occurrence.
SECTION 7.01.3 Such notification will not relieve users of liability
for any expense, loss or damage to the sewer system, treatment plant, or
treatment process, or for any fines imposed on the City on account thereof.
SECTION 7.01.2 Notices to Employees. In order
be informed of City requirements, users shall make avai
copies of this Ordinance together with such other waste
notices which may be furnished by the City from time to
more effective water pollution control. A notice shall
permanently posted on the user's bulletin board advisin
in case of an accidental discharge in violation of this
that employees of users
lable to their employees
water information and
time directed toward
be furnished and
g employees whom to call
Ordinance.
SECTION 7.01.3 Preventive Measures. Any direct or indirect connection
or entry point for persistent or deleterious wastes to the user's plumbing or
drainage system should be eliminated. Where such action is impractical or
unreasonable the user shall appropriately label such entry points to warn'-s.
against discharge of such wastes in violation of this Ordinance.
SECTION 7.02 Issuance of Cease and Desist Orders. When the City finds
that a discharge of waste water has taken place, in violation of prohibitions
or limitations of this Ordinance, or the provisions of a Waste water Discharge
Permit, the Manager may issue an order to cease and desist, and direct that
those users not complying with such.prohibitions, limits, requirements, or
provisions to:
(a) Comply forthwith;
(b) Comply in accordance with a time schedule set forth by
the City, or
(c) Take appropriate remedial or preventive action in the
event of a threatened violation.
SECTION 7.03 Submission of Time Schedule. When the City finds that a
discharge of waste water has been taking place, in violation of prohibitions or
limitations prescribed in this Ordinance, or waste water source control
requirements, effluent limitations or pretreatment standard, or the provisions
of a haste water Discharge Permit, the City may require the user to submit for
approval, with such modifications as it deems necessary, a detailed time
{Page 251 <RE -ADOPTED AUGUST 14, 1985>
(Albany)
Sewer Use & Service Charge Ordinance
schedule of specific actions which the user shall take in order to prevent or
correct a violation of requirements.
SECTION 7.04 Appeals. Any user, permit applicant, or permit holder
affected by any decision, action, or determination, including Cease and Desist
Orders, made by the Manager, interpreting or implementing the provisions of
this Ordinance or in any permit issued herein, may file with the Manager a
written request for reconsideration within 10 days of such decision, action, or
determination, setting forth in detail the facts supporting the user's request
for reconsideration.
SECTIO14 7.04.1 If the ruling made by the Manager is unsatisfactory to
the user requesting reconsideration, the user may within 10 days after
notification of City action, file a written appeal to the City's governing
body. The written appeal shall be heard by the governing body within 30 days
from the date of filing. The City's governing body shall make a final ruling on
the appeal within 15 days of the close of the meeting. The Manager's decision,
action, or determination shall remain in effect during such period of
reconsideration.
END OF ARTICLE VII.
{Page 261 <RE -ADOPTED AUGUST 14, 1985>
(Albany)
Sewer Use & Service Charge Ordinance
ARTICLE VIII
ABATEMENT
SECTION 8.01 Public Nuisance. Discharges of waste water in any manner
in violation of this Ordinance or of any order issued by the Manager as
authorized by this Ordinance, is hereby declared a public nuisance and shall be
corrected or abated as directed by the Manager. Anyone creating a public
nuisance shall be subject to provisions of City codes or ordinances governing
such nuisance.
SECTION 8.02 Injunction. Whenever a discharge of waste water is in
violation of the provisions of this Ordinance or otherwise causes or threatens
to cause a condition of contamination, pollution or nuisance, the City may
petition the Court for the issuance of a preliminary or permanent injunction or
both, as may be appropriate in restraining the continuance of such discharge.
SECTION 8.03 Damage to Facilities. When a discharge of wastes causes
an obstruction, damage, or any other impairment to City facilities, the City
may assess a charge against the user for the work required to clean, repair or
replace the facility and add such charge to the user's sewer charge.
SECTION 8.04 Correction of Violations; Collection of Costs; Injunction
In order to enforce the provisions of this Ordinance, the City may correct any
violation hereof. The cost of such correction may be added to any sewer
service charge payable by the user violating the Ordinance or the owner or
tenant of the property upon which the violation occurred, and the City shall
have such remedies for the collection of such costs as it has for the
collection of sewer service charges. The City may also petition the court for
the issuance of a preliminary or permanent injunction, or both, as may be
appropriate, restraining any user from the continued violation of this
Ordinance.
SECTION 8.05 Civil Liabilities and Penalties. Any user who
intentionally or negligently violates any provision of this Ordinance,
requirements, or conditions set forth in permits duly issued, or who discharges
waste water which causes pollution, or violates any cease and desist order,
prohibition, effluent limitation, national standard of performance,
pretreatment or toxicity standard, shall be liable civilly to liabilities
imposed by the City against which the violation occurs. Said civil liability
may be in a sum of not to exceed six thousand dollars ($6,000) for each day in
which such violation occurs.
SECTION 8.05.1 The City may petition the Court to impose, assess and
recover such sums. In determining such amount, the court shall take into
consideration all relevant circumstances, including, but not limited to, the
extent of harm caused by the violation, the nature and persistence of the
violation, the length of time over which the violation occurs, and corrective
action, if any.
SECTION 8.06 Collection of Delinquent Accounts. The City has the
authority to establish procedures for collecting delinquent accounts including
such things as, but not limited to, applicable liens, penalties, and
discontinuation of services.
{Page 271 <RE -ADOPTED AUGUST 14, 1985>
(Albany)
Sewer Use & Service Charge Ordinance
SECTION 8.07 Falsifying of Information. Anyone who knowingly makes
any false statements, representation, record, report, plan or other document
filed with the City or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this Ordinance, is
hereby declared to be in violation of this Ordinance, and subject to the Civil
Liabilities imposed under SECTION 7.05 of this Ordinance, or subject to
prosecution and punishment under SECTION 7.06 of this Ordinance.
SECTION 8.08 Termination of Service. In order to effect its powers,
the City may enter upon private property for the purpose of inspection and
maintenance of sanitary and waste disposal facilities and may terminate service
to property in which a violation of any rule, regulation, of this Ordinance is
found to exist. Failure to pay the city for the use, within 90 days after the
billing date, of the sanitary sewer system is a violation of this ordinance for
which the service may be terminated.
SECTION 8.08.1 Prior to termination of service the City Board shall
notify, in writing, the owner and tenant, if any, of such property that service
is intended to be so terminated and conduct a hearing thereon as herein
provided. Such notice shall be mailed to the owner at the address shown on the
records of the Assessor of the County, or as known to the Clerk, and a copy
shall be delivered to the tenant or posted conspicuously on the property. The
notice shall state the date of proposed termination of service and the reasons
therefore and the date the City Board shall hold a hearing upon such intended
termination. Such hearing shall not be held less than ten days subsequent to
the giving of notice as herein required.
END OF ARTICLE VIII.
(Page 28) <RE -ADOPTED AUGUST 14, 1985>
.(Albany)
Sewer Use & Service Charge Ordinance
SEWER SERVICE CHARGE TABLES
Table tt01- NUMBER OF CONNECTIONS BY USER CLASSIFICATION
TABLE 4?t02� WASTE WATER LOADING & FLOWS BY USER CLASSIFICATION
-TABLE In CONSTRUCTION COST & EQUIPr1ENT REPLACEMENT COST
TABLE #04 OPERATION, MAINTENANCE & REPLACEMENT COST (O/M & R)
TABLFI_4_0 ` AD14INISTRATION & INFLOW/INFILTRATION ( I/I ) COST RECOVERY
TABLE #06 REQUIRED REVENUE FOR WASTE WATER TREATMENT FACILITY
TABLE tt07 DEVELOPMENT OF THE UNIT COSTS FOR WASTE WATER TREATMENT
TABLE #08 CHARGES PER THOUSAND GALLONS FOR NORMAL STRENGTH WASTE WATER
TABLE #09 SEWER SERVICE CHARGE SYSTEM RATE SUMMARY
TABLE #10 REVENUE PROJECTIONS AT STARTUP
TABLE 411 TYPICAL DOMESTIC STRENGTH USER CHARGE
TABLE #12 SEWER USE CHARGE CALCULATIONS
{Page 291 <RE -ADOPTED AUGUST 14, 1985>
(Albany)
Sewer Use & Service Charge Ordinance
Adopted this day of 24th of July 1985.
Re -adopted this 14th day of August 1985 to include certain changes
required by the Minnesota Pollution Contorl Agency.
R,U, /? ' - if,,
Robley B Evans, mayor
CAWeivoda, Clerk/Adm.
<s e a 1>
{Page 301 <RE -ADOPTED AUGUST 14, 1985>
PLANNING & ZONING COMMISSION
FEBRUARY 24, 1994
ALBERTVILLE CITY HALL 7:00 PM
COMMISSION MEMBERS PRESENT: LeRoy Berning, Howard Larson,
Roger .Johnson, Albert Barthel, and Secretary Ann Culiey.
ABSENT: Commissioner Donatus Vetsch and .Jan Heikes, alternate
Commissioner.
Chairman Berning called the meeting to order at 7:05 PM.
Larson requested to amend the agenda to include an update on
the Otsego Creek under Other Business.
Johnson made a motion to approve the amended agenda. Larson
seconded the motion. All voted aye.
Barthel made a motion to approve the minutes of the ,January
11, 1094 meeting as submitted. Larson seconded the motion. All
voted aye,
Chairman Berning opened the public hearing to consider the
request by Bernard Marx for preliminary plat approval on the MLDCO
First Addition. They reviewed the information provided by
Northwest Associated Consultants and by RCM. Ann provided them
with a copy of a building plan for a double bungalow which Dayle
Veches is proposing to build on one of the lots.
Marx was advised that the building of a double bungalow is in
fact allowed in an R-3 district, however, the bungalow must be
owned by a single entity and cannot be sub -divided with each side
owned by separate individuals. This is due to the fact that a zero
lot line is not permitted in th
is his zoning district. Marx stated
that he was not aware that this was the proposed use of the
property. He is only platting the property which is currently
zoned R-3. The Commission stated that it, is up to the City to make
certain that Veches is aware of the regulations when he applies for
a Permit, but that they wanted Marx to be aware of the situation
,lust in case his intent is to build double bungalows and have
eepara to owners.
Neighboring property owners Tim Phillips and Carolyn Bauer
stated that they were under the impression when they bought their
homes that only single family homes were allowed. They further
stated that, they do not want to see the same type of situation with
untidy twin homes as currently exists on Main Avenue. They were
advised that they could request those developing near their
Property to place restrictive covenants restricting the erection of
multiple family homes in that area, but that, the City could not,
require them to do so.
PLANNING COMMISSION
February 24, 1994
Page 2 of 3
Marx was advised that he would have to contact the City
Attorney in order to draw up a developer's agreement and that he
would be responsible for park dedication fees of $170.00 per lot.
There was no further comment from the audience.
Larson made a motion to close the Public hearing at 7:30 PM.
The motion was seconded by Barthel. All voted aye.
Barthel made a motion to recommend that the City Council
approve preliminary plat approval for MLUCO contingent upon:
1. Approval of a signed Developer's Agreement
2. Payment of park dedication fees in the amount of $680.00.
The motion was seconded by Johnson. All voted aye.
Rich Miller addressed the Commission with his request to build
a second 20' x 40' garage on his approximately 2 1/8 acre lot
located at 11160 50th Street. Miller stared that the proposed
garage would be sided to match his existing home and that the pitch
of the roof would also match the house and existing garage. Miller
stated that the proposed garage would be used to store and do minor
repairs to his own equipment. The Commission advised Miller that
this would require a conditional use permit and would also require
a public hearing. Ann advised the Commission that they would have
to provide findings of fact on this issue.
Larson made a motion to schedule a public hearing to consider
Miner's request for a conditional use permit on Thursday, March
17, 1994, at 7:00 PM. Barthel seconded the motion. All voted aye.
The Commission questioned if Ann had contacted Heikes. Ann
stated that she had both called and had sent a memo and has to date
received no response.
The Commission directed Ann to contact Linda and find out what,
the remaining terms of office are for the current Planning
Commissioners.
Larson reported that the Otsego Creek will be cleaned Out in
some areas and that the cleaning will essentially involve removal
of dead trees.
Barthel excused himself from the meeting due to the fact that
he had to leave for training for the Fire Department.
PLANNING COMMISSION
February 24, 1994
Page 2 of 3
Johnson stated that he would like it to be noted that Ann has
worked well with the Planning Commission and that the Commission
will miss her and the excellent job she did for them.
Berning stated that he has served on the Planning Commission
for a number of years and never have they been provided with as
complete research information and documentation as since Ann.
started working with them. He thanked her for her help in
organizing the Commission. He went on to state that if Ann ever
needed a reference or if. he could help her in any way to find a new
position that he would be happy to do so. Larson and Johnson
concurred.
Ann thanked the Planning Commission for their support and
stated that she has enjoyed working with them in the past.
Johnson made a motion to adjourn at 8:15 PM and Larson
seconded the motion. All voted aye.
Ann Culley, Secretary
Northwest Associated Consultants, Inc.
U R B A N PLANNING • DESIGN • MARKET R E S E A R C H
PLANNING REPORT
TO: Ann Culley
FROM: Elizabeth Stockman
DATE: 7 February 1994
RE: Albertville - Marx (MLDCO) Preliminary Plat
FILE: 163.06 - 94.01
Background
The applicant, Mr. Bernard Marx, is requesting preliminary plat
approval of a 4 lot single family subdivision within the City. The
property is located south of 55th Street between Main Street and
Landers Ave NE. It contains a farmstead which will remain on the
northeastern most lot (#2) within the subdivision. The property is
zoned R-3, Single and Two -Family Residential.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Preliminary Plat
Issues Analysis
Zoning. The subject site is currently zoned R-3, Single and Two -
Family Residential. The proposed single family use is permitted
within the district and the 4 lots are consistent in size and
orientation to the surrounding neighborhood.
Lot Area. The R-3 zoning designation requires a minimum lot size
of 12,500 square feet. All proposed lots exceed this requirement
and are therefore in compliance with this R-3 standard.
Lot Width. The R-3 zoning requires that a minimum lot width of 90
feet be provided on all lots within this district. All proposed
lots are consistent with the R-3 lot width standard.
5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
Setbacks. The required building setbacks of the R-3 district have
been outlined as follows:
Front Yard: 35 feet
Side Yard: 10 feet or 20 feet in the case of a side yard
abutting a public right-of-way
Rear Yard: 25 feet
The setbacks on all lots have been properly designated, however,
the farmstead which will remain on lot 2 does not meet the required
front yard setback. Given its legal, non -conforming standing in
the community (due to its existence prior to the establishment of
zoning regulations), it is acceptable as shown.
Park Dedication. A park dedication fee of $170 per lot is required
by ordinance for all plats not providing area for park land. In
this regard, a total of $680 should be dedicated by the applicant,
provided this is acceptable to the Park Board.
Grading, Drainage and Utilities. As required by ordinance, ten
foot drainage and utility easements have been appropriately shown
along all lot lines. The topography on site is flat to gently
rolling and is not expected to create grading or drainage problems.
Review of the plat by the City Engineer should occur prior to
preliminary plat approval to ensure all grading, drainage, and
utility issues are acceptable.
Recommendation
Based on the preceding review
issues, it is recommended that
Plat be approved provided that
as discussed herein and the
comment on the plat.
pc: Pete Carlson
Mike Couri
Bernard Marx
of ordinance requirements and site
the MLDCO 1st Addition Preliminary
park dedication requirements are met
City Engineer reviews and provides
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EXHIBIT B
February 8, 1994
Ms. Linda Houghton, City Clerk
City of Albertville
City Hall
Albertville, MN 55301
RE: Preliminary Plat Review
MLDCO First Addition
Albertville, Minnesota
RCM Project No. 10238.01
�ET
Dear Linda:
I have completed my review of the above referenced preliminary plat and have the
rieke
carroll
following comment:
muller
associates, inc.
The existing grades on the preliminary plat are relatively flat with a low area
engineers
architects
located approximately in the center of the preliminary lat. To maintain
PP Y P rY P
land surveyors
good positive drainage to the street, a minimum 2% grade will be required
equal opportunity
along the interior lot lines. This will require extensive grading of the lots.
employer
A preliminary grading plan should be submitted as soon as possible.
Please call me if you have any questions.
S ni cerely,
i
Y l
;P ter J. Carlson, P�E�
City Engineer
RIEKE CARROLL MULLER ASSOCIATES, INC.
PJC/ka
c: Elizabeth Stockman; Northwest Associated Consultants, Inc.
10901 red circle drive
box 130
minnetonka, minnesota 55343
612-935-6901
fax 612-935-8814
DRAFT
No.
CITY OF ALBERTVILLE Date
ORDINANCE NO ...��...
AN ORDINANCE ESTABLISHING THE POSITION OF CITY ADMINISTRATOR
Section 1. Creation. The office and position of City
Administrator is hereby created within the City of Albertville.
Section 2. Appointment. The City Administrator shall be
appointed by the City Council and shall serve indefinitely, or for
a finite period of time if so designated by the City Council. The
City Administrator shall be chosen on the basis of educational and
administrative qualifications.
Section 3. Agreement. The City may enter into such employment
agreement as it deems necessary to further the purposes of this
ordinance.
Section 4. Primary Objective of Position. The Administrator
shall be the chief administrative officer of the City, and shall:
A. Plan and direct the administration of City functions as
delegated by the City Council to ensure efficient
municipal services and development in line with Council
objectives, City ordinances, and State law;
B. Advise the City Council regarding the impact of policy
decisions. Operate with considerable discretion in
normal administration functions and in implementing
policies of the Council;
C. Supervise/manage the administration of all departments
and employees within the City;
D. Perform the functions of City Zoning Administrator and
implement Council policies related to Economic
Development;
E. Maintain records related to City ordinances and
resolutions.
F. Be responsible for effectively recommending policies,
employee staffing, and code modifications where Council
action is required.
G. Carry out such other special projects and duties as
assigned or delegated by the City Council, including
attendance at meetings when required by the City Council.
ADOPTED AND PASSED by the Albertville City Council this 7th day of
March, 1994.
Mayor
Attest
City Clerk
DRAFT
No.
CITY ADMINISTRATOR EMPLOYMENT AGREE@! - 7- 2 — y.I
WHEREAS, the City of Albertville ("City") desires to employ a
part-time City Administrator for a period of six months while the
City Council evaluates the need for a full-time administrator
position; and
WHEREAS, Dale Powers ("Powers") desires to be employed by the
City of Albertville as a part-time City Administrator for a period
of six months;
THEREFORE, the City and Powers hereby agree as follows:
1. The City shall employ Powers as part-time City Administrator
for a period of six months ("Employment Period"), beginning
March 8, 1994 and ending September 7, 1994.
2. Upon the expiration of the Employment Period, the City shall
have no further obligation to employ Powers, and Powers waives
any right to remain employed beyond said Employment Period.
If the City has not finished its evaluation of the need for a
full-time administrator position by September 7, 1994, Powers
shall serve, if the Council by motion so directs, as
Administrator for an additional three month term. Upon the
expiration of the three month employment immediately following
the Employment Period (if such extended employment arises),
the City shall have no further obligation to employ Powers,
and Powers waives any right to remain employed beyond said
three month employment.
3. Unless the Council so directs, Powers shall not work less than
25 hours per week nor more than 30 hours per week. The City
shall pay Powers a wage of $12.50 per hour (gross wage) for
all hours worked, and shall provide Powers (but not his spouse
or dependents) with health insurance on terms similar to that
currently provided to City employees. Powers shall have the
option of adding his spouse or children to the health policy,
provided Powers pays all additional costs and premiums
associated with their coverage. The City shall conduct a
performance appraisal at the end of the Employment Period,
and, if the City directs Powers to serve during the three
month extended employment period, the City shall conduct a
wage review in conjunction with the performance appraisal.
4. Powers shall receive proportionate pay for all holidays
observed by City Hall when such observances fall on a working
day (i.e. pay equivalent to one fifth of a thirty hour work
week for each observed holiday). Powers shall not receive
paid vacation nor shall he receive sick pay. However, if the
City creates a full time administrator position, and if Powers
is hired for such position, March 9, 1994 shall be used as the
start date for determining the length of employment for
purposes of calculating annual vacation and annual sick time
City Administrator Employment Agreement
Page 2
for Powers.
5. Powers duties as City Administrator shall include all duties
of the Zoning Administrator, all work necessary or desirable
related to Economic Development, supervision/scheduling of all
employees, responsibility for all Council resolutions and City
ordinances, special projects (including compliance with
Americans with Disabilities Act and monitoring of expenses and
operations at the City's Waste Water Treatment Plant),
attendance at various City meetings when requested by the City
Council, and such other duties as may be assigned by the City
Council. It is anticipated that a formal job description will
be developed for this position within 30 days of the passage
of this agreement by the City Council.
6. Powers shall obtain a pager which Powers shall use while
employed with the City. The line charges associated with such
a pager shall be paid by the City.
7. Powers may attend the Clerk's conference conducted by the
League of Minnesota Cities and shall be paid one -fifth of a
week's pay for each day he attends said conference.
8. This document represents the entire employment agreement
between the parties.
Dated:
CITY OF ALBERTVILLE
Mayor
Clerk
DALE POWERS
Ann Culley hereby agrees that she received her two weeks
written notice of the termination by the City Council of her
position with the City of Albertville on February 23, 1994 upon
reading of said termination in the unofficial City minutes. Ann
and the City agree that the last date of her employment with the
City will be March 9, 1994, as stated in that City Council motion
of February 22, 1994.
Ann Culley
CITY OF ALBERTVILLE
Mayor
Attest:
City Clerk
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56. 7" thin Cott�qwood-
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71. 5" Ash _
72. 2^ Ash
Easement Drawing and Description
For
Pearl E. Cornelius to City of Albertville
A 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 = and E of the recorded plat of the west
Half of the Southeast Quarter of Section 1, Township 120,
Range 24, Wright Ccunt-y, 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
235 of Leeds, pages 682-683, for a point of beginning;
thence north along the east line of said tract 650.03 feet
to the scuth line of a tract as recorded in Book 45 of
Miscellaneous, pages 709-710; thence east along the south
line of sa ld 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 wesC. 255.30 feet to point of beginning. Containing
4.0 acres, more cr less, subject to road on the soutiZerly
33.00 feet thereof.
Said Tempe: a^� Construction Easement to expire December 31,
1993.
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EHGrN9v?S•LAH^J SGRvVORS
GRAPHIC SCALE IN FEET r717Hwy.25KBYRro.l inM S3313
Ti iTAL F . 0-7
CITY OF ALBERTVILLE
FINANCIAL STATEMENT
February 17 - March 2, 1994
Beginning Cash Balance February 16, 1994 $1,153,514.36
INCOME (Feb. 17 - Mar. 2)
3.2 Licenses
20.00
Donation - Jaycees
2,800.00
Donation - Jaycees
150.00
Donation - Jaycees
3,500.00
Donation - United Charity 428.00
Ins. Rebate(Workers Comp)1,297.00
Miscellaneous Income
Pop Machine
161.85
Minnegasco
50.00
Park Rent
150.00
Reimburse-Parkside
21,958.19
Sewer Licenses
90.00
Sewer Penalties
39.37
Sewer Receipts
391.03
Sign Permits
1,240.00
Storm Water Penalties
3.82
Storm Water Receipts
33.60
Title Search
40.00
TOTAL INCOME 32,352.86
EXPENSES (Feb. 17 - Mar. 2)
Check #'s 8243 - 8262
(approved 2/22/94) 215,761.91
PAYROLL 2/9 - 2/22
Check
#
P1019
- Ann
512.79
Check
#
P1020
- Linda
978.89
Check
#
P1021
- Ken
1,103.72
Check
#
P1022
- Mike
638.44
Check #8263 - Adv.Wire. 4,844.88
Comm. - (Radios)
Donation from Fire Relief
& Alb. Jaycees
Check #8264 - PERA 401.44
TOTAL EXPENSES 224,242.07
Ending Cash Balance March 2, 1994 $961,625.15
INVESTMENTS:
CD #9066 (Fire Dept) matures 3/17/94
CD #8807 - matures 3/30/94
CD #9145 (Lions) - matures 4/21/94 @ 2.68%
CD #8925 - matures 6/1/94
CD #8579 - matures 6/28/94
Piper-Jaffray Investments (1/31/94)
TOTAL INVESTMENTS
12,000.00
361,523.99
19,582.51
110,452.64
161,967.11
475,469.58
$1,140,995.83
CITY OF ALBERTVILLE
BILLS TO BE PAID
March 7, 1994
Check
No. _._ Vendor
Reason
Amount
_
8265
Albertville Auto Parts
Pickup Supplies
79.13
8266
American Natnl Bank
GO Bonds
237.61
8267
Bizmart
Office Supplies
542.27
8268
Central Rivers
Shop Supplies
20.80
8269
Comprehensive Med Care
F.D. Shots
63.00
8270
Diversified Insp. Srvcs.
Bldg. Insp.
4,893.09
8271
Federated Co-ops
WWTF Fuel
594.00
8272
Feed -Rite Controls
WWTF Testing
40.00
8273
First Ntnl Bank of E.R.
GO Bond
8,382.00
8274
Franklin Outdoor
New C.H. Signs
616.00
8275
FundBalance
Utility Program
1,800.00
8276
LaPlant Sanitation
Feb. Service
87.00
8277
Lindsay, Ken
WWT Seminar -Mileage
22.15
8278
Minnegasco
5801 Lander 187.33
5975 Main 145.00
5964 Main 330.14
662.47
8279
MN Pollution Control
WWTF Annual Permit
1,140.00
8280
NSP
Chrstms Lite 130.80
St. Lites 1.948.68
2,079.48
8281
Northwest Asso. Cnsltnts
MLDCO 131.58
Gen 106.17
237.75
8282
P.E.R.A. Life Ins.
Linda -Apr. Ins.
12.00
8283
Pitney Bowes
Post. Mach. Rent
43.00
—. 8284
Radzwill Law Ofc.
Gen. 1,971.50
WW Comm 175.00
MLDCO 75.00
Cnfdntl. 450.00
Cnfdntl. 399.00
3,070.50
8285
Scharber & Sons
J.U. Rpr.
13.48
8286
St. Michael Floral
Montrose Mayor
35.45
8287
St. Michael Laundry
F.D. Cleaning:
14.40
8288
Unitel Telephone
Park 27.91
C.H. 225.10
253.01
8289
Vetsch Cust. Cabnts
Sustom lhelves/Drs
656.00
8290
Welter's Inc.
J.D. Rpr.
19.27
8291
W.C. Journal Press
Subscription
20.00
8292
W.C. Mayor Assoc.
1994 Dues
150.00
8293
W.C. Recorder
Rcrd Pkside 2nd
30.50
8294
MN Dept. of Revenue
Feb. MN PR Tax
494.38
8295
Security Bank NW
Feb. Fed. PR Tax
2,428.42
P1023
Anderson, Sharon
Feb. Council
156.99
P1024
Barthel, Albert
Feb. Council
153.54
P1025
Berning:, Duane
Feb. Council
106.20
P1026
Potter, Michael
Feb. Council
189.32
P1027
Vetsch, John
Feb. Council
147.76
P1028
Culiey, Ann
Comp Time
90.04
P1029
Barthel, Tim
6.5 Hrs
48.03
8296
Roden, Kenny
Reimb. F.D. Tools
252.14
TOTAL $29,881.48
COUNCIL
LeRoy Aho
Rose Marie Botha
Roper Irwin
Leo Lieni
February, 1994
Dear City Clerk/Administrator:
City of Babbitt
CITY HALL
BABBITT, MINNESOTA 55706
(218) 827-3464
Fax (218) 827-2204
MAYOR
Robert C. Olsen
CLERK
Elaine Poatudenaek, CMC
TREASURER
Lucia J. Johnson
In talking with our neighboring cities, we find we share a similar problem - legal fees
are higher than the proceeds realized when a person is found guilty by the courts.
It can be as simple as dog -leash law offenses - the person pleads not guilty, is found
guilty, is given a fine which they say they can't pay and, often, the system asks if they
can work off the fine by community service under the City's supervision. (For the past
few years, the City of Babbitt has had the policy of allowing an offender to work for the
City, in this capacity, only one time.)
Even when the offender does pay the fine, it's often minimal. The City receives a small
percentage of the fine which doesn't even cover the legal fees charged by the attorney.
(Babbitt can't afford to have an attorney on staff or on retainer.)
The Babbitt City Council is asking if you'd be interested in uniting to put pressure on
the legislators to change the laws. We would like to see that those found guilty by the
courts also be assessed the legal costs of prosecution. Under the present system,
innocent taxpayers are paying the costs of the guilty. Small cities are "caught between
a rock and a hard place". Police officers are required to do their job, yet they know
it will cost the City more dollars than the City will receive.
I am attaching copies of our Ordinance No. 93-32, a letter from Attorney General Humphrey
III and a letter from Representative Dave Battaglia. If your Council agrees with us, will
they consider passing a resolution stating something similar to ours? Then, please send
one to the Attorney General, one to each of your legislators and a copy to me. Individu-
ally, we can accomplish so little, but TOGETHER we can achieve much.
Thank you for your time and consideration. If you wish to discuss this, feel free to
contact me at the above address, fax number, or my direct line (218) 827-2188. I'll
also be at the MCFOA conference in St. Cloud March 15-18 and will be happy to discuss
it there.
Sincerely,
Elaine Postudensek, CMC
City Clerk
Enclosure
Babbitt .
"Babbitt the Home of Taconite"
COUNCIL
LeRoy Aho
Rose Marie Botha
Roger Irwin
Leo Lion
City of Babbitt
CITY HALL
BABBITT, MINNESOTA 55706
(218) 827-3464
Fax (218) 827-2204
RESOLUTION NO. 93-32
MAYOR
Robert C. Ohm
CLERK
Elaine POGLK OOK CMC
TREASURER
Lucia J. Johnson
A RESOLUTION REQUESTING STATE LEGISLATION TO RECOVER
COSTS IN PROSECUTING OFFENDERS
WHEREAS: Budgets in Municipalities are being cut
regularly; and
WHEREAS: More burdens are being place on taxpayers;
and
WHEREAS: Offenders that are found guilty after being
brought to Court are causing undue hardships on City funds; and
WHEREAS: It is not just that taxpayers should be
held responsible for these costs;
NOW, THEREFORE BE IT RESOLVED: That the Minnesota
State Legislators be requested to propose and pass legislation
authorizing that legal and other costs of prosecution be placed
on persons found guilty by the Court.
The foregoing Resolution, offered by Councilor Aho,
and upon his motion, supported by Councilor Lien, was declared
adopted this 6th day of May, 1993, by the following roll call:
Ayes: Councilors Aho, Boffa, Lien, and Mayor Olsen.
Nayes: None.
Absent: Councilor Irwin.
Robert C. Olsen, Mayor
Attest:
A'Lc�-
Elaine Postudensek, CMC
City Clerk
STATE OF MINNESOTA
OFFICE OF THE ATTORNEY GENERAL
HUBERT If. HUMPHREY III
ATTORM{Y GENMUL
July 6, 1993
Elaine Postudensek
City Clerk
Babbitt City Hall
Babbitt, MN 55706
Dear Elaine:
102 STATE CAPITot.
ST. PAUL. MN $3155-1002
TELEPHONE: (612) 296.6196
Thank you for writing me about court costs incurred by the City of
Babbitt. I appreciate your sharing a copy of the resolution with me. I
understand court costs can place a burden on the budget of a community the
size of Babbitt, especially in these difficult economic times.
I am supportive of the idea of requiring those found guilty of certain
crimes reimbursing the court for costs associated with their trial. I
encourage you to share this resolution with your state legislators, Senator
Doug Johnson and State Representative Dave Battaglia. Mandating
reimbursement will require the approval of the state legislature. Also, you
may want to consider speaking informally with your local judges about the
sentences they hand out. There may be some instances where a judge can
require restitution to help the city cover some of the expense of prosecution.
Thank you again for contacting me. Please don't hesitate to share your
thoughts or views with me in the future.
Best regards,
HUBERT H. HP Y UIM
Attorney General
Facsimile: (612) 297—i193 • TDD: (612) 297-7206 • Toll Free Line: (800) 657-3787 (TDD or voice)
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7-1 - 4 3
David P. Battaglia
State Representative
District 6A
Lake, Cook, Koochiching
and St. Louis Counties
Minnesota
House of
Representatives
Dee Long, Speaker
APPROPRIATIONS - ENVIRONMENT do NATURAL RESOURCES DIVISION, CHAIR
COMMITTEES: ENVIRONMENT & NATURAL RESOURCES COMMITTEE - GAME & FISH SUBCOMMITTEE, CHAIR;
LABOR MANAGEMENT RELATIONS; WAYS & MEANS COMMITTEE: IRON RANGE RESOURCES & REHABILITATION BOARD MEMBER
June 23, 1993
Elaine Postudensek, CMC
City Hall
Babbitt, MN 55706
Dear Elaine:
Thank you for passing on to me the City of Babbitt's resolution
93-32 concerning the recovery of costs incurred while prosecuting
offenders. I appreciate knowing the City Council's views on this
issue.
The legislature has been aware of the increased legal burden felt
by cities and responded with some changes in the crime bill. In
the 1992 crime bill, the state required judges to set a minimum
fine of 20% of the statutory maximum for the offense to cover
legal costs incurred by the cities. In 1993, the percentage was
raised to 30%, of which 20% would be divided between the law
enforcement agencies that incurred the legal costs. For example,
if the city prosecutes a misdemeanor with a maximum fine set at
$700,, 30% of that fine or $210, would be recovered and divided.
However, the fine may include community service hours that
hopefully will be a beneficial to the city. The 1992 crime bill
change is found in MS 609.101, subd 4, and the 1993 change may be
found in the 1993 Session Laws, Chapter 326, article 12.
The MN Supreme Court Research Department will be presenting a
report to the Legislature next session. The Court will be
monitoring the ways fines are being assessed throughout Minnesota
and will report on successful methods used to increase the
recovery rate to cities. The contact person is Judy Rehak at
(612) 297-7800.
Elaine, I appreciate being informed of the Council's position on
this issue and will keep their thoughts in mind as we proceed
through the next session.
Since ly,
-vc
Dave Battagli
State Representative
1803 7th Avenue. Two Harbors, Minnesota 55616 (218) 834-3014
State Office Building, St. Pauf, Minnesata 55155 (612) 296-2190
A Hou3e Fax (612) 296-1563
February 17, 1994
(Grand Rapids Area I
CHAMBER
OF COMMEF�CE
WE NEED YOUR SUPPORT!
Included with this letter, you fill find information and a draft resolution of support for House
File #1757.
Without the support of your organization and others like yours, our legislation will fail and
tourism activity and tourism -related business will suffer greatly.
We ask that you take this resolution, or bring a similar resolution to your governing body
(Board, Council, Commission, etc...) as soon as possible for passage.
Time is of the essence due to the legislative schedule.
Once this resolution has passed please mail a copy to the following address and to your
local legislators.
Thank you for your time and support!
Most Sincerely,
� C�
Lory edo
Executive Director
Hibbing Area Chamber of Commerce
PO Box 727
Hibbing, MN 55746
GayISan
Executive Director
Grand Rapids Area Chamber of Commerce
1 NW 3 St.
Grand Rapids, MN 55744
A HISTORY, PURPOSE AND SUMMARY OF H.F. #1757
Because tourism, specifically trail use is essential to the economic well-being of the State
of Minnesota; several community, business, governmental, tourism and trail user
organizations are working together to insure the continued use of state-wide, multi -use
trails and trail systems through the introduction of new legislation.
This proposed legislation H.F. #1757 brings Minnesota law in line with the vast majority
of states in the snowbelt, particularly those who depend on outdoor recreation for
significant economic development.
In essence, H.F. #1757 would limit liability of private landowners who without charge allow
recreational use of their property. Currently, Minnesota law discourages these same
landowners from opening -up or continuing recreational use of their land for uses such
as snowmobiling, hiking, skiing, horseback riding, bicycling, etc...
State and local governments and for -profit enterprises alone can not provide adequate
outdoor recreational opportunities for the public. Free use of private land has helped to
fill the gap.
H.F. #1757 addresses and corrects this issue. It limits liability to conduct intended to
cause injury, and it requires that the landowner grant in writing an easement or other
properly right before any such property right may be inferred from letting others use the
land for recreational purposes. H.F. #1757 also provides for costs and attorney's fees to
be awarded to the landowner if any frivolous lawsuit is brought against the landowner.
H.F. #1757 is authored by Representative Mary Jo McGuire in the House of
Representatives. Similar legislation will soon be introduced in the Senate. The following
organizations have endorsed H.F. #1757:
MN USA (snowmobiling)
Minnesota Park & Trails Council
Minnesota Horse Council
Minnesota Recreation Coalition
Minnesota Mountain Bikers Association
Minnesota Civil Justice Coalition
Minnesota 4 X 4 Association
Minnesota DNR
Minnesota Motel Association
Minnesota Association of Campground Operators
The Hibbing Area Chamber of Commerce
The Grand Rapids Area Chamber of Commerce
The Lake Superior Trail Association
CHAPTER No.
S. F. No.
H.R. No. 1757
AN ACT
1 Relating to the use of privately owned lands and waters by the
2 public for beneficial recreational purposes; clarifying the
3 nature and extent of liability of owners to persons using such
4 lands; providing protection from nuisance lawsuits; amending
5 Minnesota Statutes 1992, sections 87.0221; 87.024; 87.025; 87.03;
6 adding a new subdivision to section 87.021; and by adding a
7 new section to Minnesota Statutes 1992 Chapter 87.
8
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
11
12 Sec. 1. Minnesota Statutes 1992, Section 87.021, is amended to add a new subdivision
13 to read:
14
15 Subd. la. "Intentionally" means that the actor either has a purpose to do the thing or
16 cause the result specified or believes that the act performed by the actor, if successful, will
17 cause that result.
18
19 Sec. 2. Minnesota Statutes 1992, Section 87.0221, is amended to read:
20
21 87.0221 OWNER'S DUTY OF CARE OR DUTY TO GIVE WARNINGS
22 Except as specifically recognized by or provided in section 87.025, an owner (a) owes
23 no duty of care to render or maintain the land safe for entry or use by other persons for
24 recreational purposes, (b) owes no duty to warn those persons of any dangerous condition on
25 the land, whether patent or latent, (c) owes no duty of care toward those persons except to
26 refrain from intentionallv causing """full" takinie aetien injury, and (d) owes no
27 duty, to curtail use of the land during its use for recreational purposes.
28
29
30 Sec. 3. Minnesota Statutes 1992, Section 87.024, is amended to read:
87.024 LIABILITY; LEASED LAND, WATER FILLED MINE PITS
Unless otherwise agreed in writing, the provisions of sections 87.0221 and 87.023 :ali3
shall be deemed applicable to the duties and liability of an owner of the following
described land: (1) land leased to the state or any subdivision thereof for recreational
purposes; or (2) idled or abandoned, water filled, mine pits whose pit walls may slump or
cave, and to which water the public has access from a water access site operated by a public
entity.
Sec. 4. Minnesota Statutes 1992, Section 87.025, is amended to read:
43 87.025 OWNERS' LIABILITY; NOT LIMITED
44 Except as provided in this chapter nothing herein limits in any way any liability
45 which otherwise exists:
Rev.Il_'993
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(a) For eefiduet which, at law,
intentionally causing iniury to anv person or to
the Property of another-
(b) For injury suffered in any case where the owner charges the person or
persons who enter or go on the land for the recreational use thereof, except that in the case
of land leased to the state or a subdivision thereof, any consideration received from the
state or subdivision thereof by the owner for'such lease shall not be deemed a charge within
the meaning of this section.
Sec. 5. Minnesota Statutes 1992, Section 87.03, is amended to read:
87.03 DEDICATION; EASEMENT
No dedication of any land in connection with any use by any person for a
recreational purpose shall take effect in consequences of the exercise of such use for any
length of time hereafter except as expressly permitted or provided in writing by the owner
nor shall the grant of Permission for such use by such owner grant to anv person an
easement or other Property right in the land except as expressly Provided in writing by the
owner.
Sec. 6. [87.041] PROTECTION FROM NUISANCE LAWSUITS.
If any Person brines a claim against an owner in state or federal court for iniuries
arising from the recreational use of land and the court determines that the owner is immune
from liability under this cha ter the court in its discretion may award such owner its costs
disbursements reasonable attornev's fees and witness fees. incurred in defendin a ainst
such claim.
W P 1 TRAILS 1 CHA P87AM.D04
Rev.112993
RESOLUTION
A resolution supporting increased protection from liability for private landowners who
make their land available for public recreation without charge.
WHEREAS, Tourism is important to the economy of Minnesota, ranking as one of the top
5 industries, and
WHEREAS, Recreational use of lands and waters (hunting, fishing, swimming, boating,
camping, hiking, bicycling, snowmobiling, skiing, etc.) plays a primary role in making
Minnesota a tourism destination, and
WHEREAS, State and local government and for profit enterprises alone cannot provide
adequate outdoor recreational opportunities for the public, and
WHEREAS, It is necessary to utilize non —governmental lands in order to have complete
recreational trail systems, and
WHEREAS, A growing fear of liability and loss of property rights is discouraging
landowners from opening up their land for recreational purposes, and
WHEREAS, Legislation has been written which would limit liability of private landowners
who, without charge, allow recreational use of their property and will be introduced in the
1994 legislative session as H.F. 1757, and
WHEREAS, H.F. 1757 would bring Minnesota more in line with at least 30 other states
which have recreational use statutes,
NOW THEREFORE, BE IT RESOLVED BY THE
(organization, municipality)
That recreational use of private lands and waters is important to the economic well being
of the area and
That, we do, hereby , support H.F. 1757 which increases protection of landowners who,
without charge, allow public recreational use of their lands
Adopted this day of
Officer
1994
Clerk