The URL can be used to link to this page

1987-03-16 CC Agenda/Packet11-�kccj"�" COUNCIL AGENDA MARCH 16, 1987 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF THE MINUTES IV. COMMUNITY FORUM 7:05 Joint Powers --Agendas from the Feb 9th and March 9 Board meeting --Discussion on Amendment 8:00 Jerry Holland-Lion's request to put pull tabs in Ronay's on Main Jerry Holland and Park Board Representative --Park Building Extension 8:30 Bob Heuring--Interest in Farm land out at Wastewater Treat- ment Facility --Concern about Eugene Lenneman's plugging of the drainage ditch on Co. Rd. 19 V. DEPARTMENT BUSINESS a. Administration - Income Recieved and Bills to be Paid - Letter and Resolution from Gary Matz regarding to the cable extension permit transfer - Letter from Christine Meuers--attorney for Rite Cable regarding the sale A - Jobs and Traning "Summer Youth Program" Application v - Small Community Workshop --April 13, 1987 in Brooklyn Park 0 - Nomination for C.C. Ludwig Award --Don Berning - Letter regarding school district boundry change - Gther Business b. Planning • Letter and applications returned for the Planning Commission vacancy --need to set up time to meet with interested parties - Approval q Building permits PERMIT TYPE OF # NAME CONSTRUCTION 4 BARTHEL CONSTRUCTION NEW HOME 5 �(- BARTHEL CONSTRUCTION NEW HOME 6 BARTHEL CONSTRUCTION NEW HOME 7 BARTHEL CONSTRUCTION NEW HOME 8 BARTHEL CONSTRUCTION NEW HOME AMOUNT OF ADDRESS PERMIT 5677 LANNON CIRCLE $663.90 5676 LSNNON CIRCLE $650.30 11750 57TH STREET $650.30 5287 LANNON AVENUE $641.50 11740 LaSALL CIRCLE $654.70 COUNCIL AGENDA PAGE 2 NE C. Maintenance • - Memo from Wayne Fingleson - Road Patching on 51st Street --Approval of Billing to Don Cornelius - Pond Equipment Duck Boat Small Trolling Motor Weed Wacker w/ Brush Blade Dip Net Misc. Testing Equipment - Other Equipment Blower for Streets Paint Locker and Flash Back for Torch - Overtime Policy d. Engineering - Street Repairs/Maintenance Schedule - Hackenmueller's Road Improvement - Other Business e. Legal - Other Business VI. OTHER BUSINESS - Cities Bulletin for Feb 26-March 6 and March 7-March 13 (you will recieve the lastest one Monday night) - Small Talk --MN Association of Small Cities - Redefining --Public Financial Systems Thank you from Don Cornelius - Tree Inpection VII. MEMBERS' REPORT VIII. MOTION TO ADJOURN COUNCIL MINUTES MARCH 16, 1987 The regular meeting of the Albertville City Council was called to order by Mayor Lorettal Roden. Members present included Gary Schwenzfeier, Donatus Vetsch and Bob Braun. Member Don Cornelius was absent. Others present included Maureen Andrews, , Gary Meyer, and Ken Lindsay. RUVI-y.k k-U1.t— %41-� AU;z"I There was a motion made by Gary Schwenzfeier and a second made by Bob Braun to approve the agenda. All were in favor and the motion carried. There was a motion to approve the minutes. The motion was made by Bob Braun and seconded by Gary Schwenzfeier to accept the minutess. All were in favor and the minutes were approved. Gary Schwenzfeier and Jim Walsh reviewed with the Council the last meeting of the Joint Powers Board. Discussion included the outcome of the bid letting and reasons why the bids came in somewhat higher than the Engineers estimate. The results of the bid opening where 2 bids were offered --low bid being $124,840.00 and the second bid being $128,068.00. The estimate had been figured to be $111,773.00. It appeared that the electric controls cost had been under estimates. At the time of the Council meeting the Joint Powers engineers were meeting with the low bidder to see if some of the costs could negotiated down somewhat. The Council was also informed that it appeared that Security State Bank will be willing to finance the remaining part of the project, considering that the Joint Powers will be putting forth $40,000.00. The major focus of the Council discussed was regarding the Hanover amendment. After reviewing the amendment again and listening to to the issues brouhgt forth at teh meeting the Albertville representatives brought back the amend- ment back to the Council to be reconsidered. It appears that the amendment as written would only effect the installation of the 2nd well and would no way effect the orginal operating agreement. After some additional discussion there was a motion made by Gary Schwenzfeier and a second by Donatus Vetsch to approve the Hanover resolution with the following attachment: The amendment to the Joint Power Operating agreement is accepted by the City of Albertville under the following conditions: A. It is not intended to set a precedent for future projects, e.1+Aur in connection with the method of payment (from the surplus account) or the allocation of the method of pay- ment of any deficiency in excess of the surplus amount in the event there is not sufficient funds in Surplus account. COUNCIL MINUTES PAGE 2 B. The water rates are raised in accordance with the vote on January 12th, retroactive to January 1, 1987. All were in favor and the motion was carried. There was also some discussion regarding the Joint Powers adding an addition to the existing building for Linda's office. No action was required on this matter. There was a motion made by Donatus Vetsch and seconded by Gary Schwenzfeier to approve the bills. All were in favor and checks 7781 through 7806 were approved. The Council was informed that the Jobs and Training information had been recieved on the Summer Youth program. There was some discussion on what is put into the agenda packets. It was requested that Maureen only provide the League of Minnesota Cities Cities Bulletin to those that request one. Gary Meyer, Donatus Vetsch and Loretta Roden indicated that they would like to continue to recieve their copy. There was a motion made by Donatus Vetsch and seconded by Bob Braun to approve a Resolution of Appreciation for Don Berning. All were in favor and teh motion carried. Members of the Albertville Lions and the Albertville Park Board were present to discuss an extention on the existing park shelter in the City Park. The Council indicated that the preliminary plans look ok and that the two groups should proceed with the work. no formal action was taken on the matter. The Lions request for another pulltab license was tabled until a later meeting. The Council approved a Limited Liquor Licese for the Albertville Area Jaycees dance on March 28, 1987. The motion was made by Bob Braun and seconded by Gary Schwenzfeier. All were in favor and the motion was carried. Mr. Steve Birkeland of Custom Canapies was present to review with the Council his proposal for a building to be located behind Hackenmuellers. (copies of the proposal are included in last meeting packets.) No formal action was taken on the project. The Council reviewed two bids they recieved for the farmland out at the Wastewater Treatment Facility. Bids were recieved from the Zimmer Brothers in the amount of $25.00 an acre and from Louis Barthel for $20.00 per acre. - There was a motion made by Bob Braun and seconded by Donatus Vetsch to accept the bid from the Zimmer Brothers provided that they agree to pay the cash up front and agree to the term of the lease that will be prepared by Gary Meyer. All were in favor and the motion was carried. There was a motion made to purchase a gift for Don Berning. It was decided that no more than $100.00 be spent. A motion was made by Gary Schwenzfeier and the second by Donatus Vetsch. All were in favor and the motion carried. COUNCIL h1NUTES PAGE 3 The Council was reminded that Don Berning was to recieve the Good Neighbor's Award on Monday March 23rd and that everyone should tune in at 7:55. Gary Meyer also asked that anyone available to help should be available on March 24th because tables and chairs would needed to be taken down to Ronays. This request for help included Council members and Ken Lindsay. The application of the two interested people who wanted to serve on the Planning Commission was reviewed. It was decided that both be asked to join and that Don Berning and Herb Scherber be asked if they wanted to continue. The motion was made to accept both canidates was made by Gary Schwenzfeier and seconded by Bob Braun. All were in favor and the motion was carried. The follnwing Building Permits were approved on the follwoing motions: Permit #4 for Barthel Construction for a new home at 5677 Lannon Circle -- amount of the permit-$663.90. The motion was made by Bob Braun and seconded by Gary Schwenzfeier. All were in favor and the permit was approved. Permit #5 for Barthel Construciton for a new home at 5676 Lannon Circle-- amount of the permit-$650.30. The motion was made by Donatus Vetsch and seconded by Gary Schwenzfeier. All were in favor pending payment. Permit 116 for Barthel Construciton for a new home at 11750 Street -- amount of the permit-$650.30. The motion was seconded by Bob Braun. All were in favor and Permit #7 for Barthel Construction for a Avenue -- amount of the permit-$641.50. The and seconded by Donatus Vetsch. All were in carried pending payment. Permit #8 for Barthel Construction for a amount of the permit-$654.70. The motion was by Donatus Vetsch. All were in favor and the made by Gary Schwenzfeier and the motion carried. new home at 5287 Lannon moiton was made by Gary Schwenzfeier favor and the motion was new home at 11740 LaSalle Circle -- made by Bob Braun and seconded motion carried p-nding payment. The following maintenance items were discussed: A memo from Wright County engineer, Wayne Fingleson regarding several different issues. No action was taken. Approval the the billing for the street improvement in front of Don Cornelius' home on 51st Street. Maureen was asked to prepare a bill on the repair. Equipment for the ponds --Duck Boat, Trolling Motor, Weed Wacker w/ Brush Cutter, Life Jackets and a Dip Net. No action was taken on these items and the issue was tabled until the next meeting when the City Engineer is present. There was a motion to approve a Snapper Blower to be used to clean cracks in the streets before doing road patching. The motion was made by Bob Braun and seconded by Donatus Vetsch to spend up to $155.00 for the blower. All were in favor and the motion carried. Ken informed the Council that the pickup was in need of new tires and that Gary Schwenzfeier had two used tires for $50.00 and that he could get new ones for $56.00 a piece. Ken was told to get the tires but no action was taken on the issue since it is a regular maintenance item. COUNCIL MINUTES PAGE 4 The Council discussed with Ken the Overtime Policy. Ken informed the Council that in the past that when attending a conference or training session that he be paid from the time he leaves his home until the time he gets back and that when he is present at a Council meeting that he be paid for his time. It is the feeling of the Council that a meeting is a meeting and should be treated as just part of the day and not be considered for overtime. Ken said that he had checked with St. Francis and Rockford and that in both cases they are paid for the extra hours. After some addition discussion it was decided that the Personnal Committee (made up of Donatus Vetsch, Don Cornelius, Maureen Andrews and Ken Lindsay) would review the matter and bring back a recommendation to the Council of the whole. All Engineering items were tabled due to Barry's absent. Member's Reports: There was a motion to donate $100.00 to the Senior Class Party. The motion was made by GAry Schwenzfeier and seconded by Donatus Vetsch. All were in favor and the motion carried. Maureen was asked to try to get PPM in at a meeting to discuss the water problem. There was no other busiiess so there was a motion to adjourn made by Gary Schwnzfeier and seconded by Donatus Vetsch. All were in favor and the motion was carried. JOINT POWERS WATER BOARD Hanover, Frankfort, St. Michael and Albertville, Post Office Box 147 , Albertville, Minnesota 55301 AGENDA March 9, 1987 1. Open meeting 2. Minutes of February meeting 3. February Financial Statement 4. John Lichter, Analysis of bids on well #2 5: System Operation Report 6. Business Items A. Review plans for Dehmer's Rambling Creek Estates and Welter Estates First Addition, St. MIchael B. Revi.ew plans for Hanover's 1987-1 Improvement Project - Pheasnat Run Addition C. Allen Lenneman - requesting refund of $100 prepaid hook -on fee D. Excess funds amendment E. Water Rates for 1st quarter F. G. 7. Bills 8. Adjourn FINANCIAL STATEMENT - February 1 - February 28, 1987 Beginning CAsh Balance February 1, 1987 Income: Water Sales 11,924.01 Sales Tax Collected 175.02 Meter Income 700.00 Hook -On Income 800.00 Permit Fees 75.00 Interest Income 185.54 Repairs Reimbursed 235.00 Total Income 14,094.57 Expenses: Contract Maintenance 2,300.00 Electricity 950.06 Meter Purchase 495.00 Mileage Allowance 30.00 Natural Gas 53.54 Office Supplies 88.00 Payroll Taxes 51.15 Postage 22.00 Professional Fees 2,899.39 Salaries 476.86 _ Supplies 386.24 Telephone 188.25 Water Treatment 153.90 MIscellaneous Expenses 90.62 Total Expenses Ending Cash Balance February 28, 1987 Cash Balance 2/28/86 - $31,928.16 8,185.01 $51,506.42 BILLS - 3/9/87 1. NSP* 1,053.59 2. Minnegasco* 50.14 3. United Telephone* 188.51 4. Dennis FEhn Gravel 120.00. 5. Widmer, Inc. 1,018.00 6. Hoff & Allen, P.A. 187.89 7. Feed -Rite Controls, Inc. 153.90 8. Chapin Publishing Company 143.52 9. Feed -Rite Controls, Inc. 10.00 10. Dennis Fehn Gravel 15.00 11. Eugene A. Hickok & Associates 9,469.68 12. Munitech, Inc. 10.76 13. Coast to Coast 7.18 14. Gagnon Printing Company 198.90 15. Feed -Rite Controls, Inc. 10.00 16. Sentry Systems, Inc. 210.00 17. Widmer, Inc. 1,870.00 *Paid to avoid finance charges JOINT POWERS BOARD February 9, 1987 BOARD MEMBERS PRESENT: Schwenzfeier, Lazer, Ladda, Irvine, Melanson, Walsh, Welter, Bruner BOARD MEMBERS ABSENT: None Chairman Lazer called the meeting to order. The minutes of the January meeting were approved on a motion by Schwenzfeier, seconded by Bruner. All voted aye. The January Financial Statement was accepted on a motion by Ladda, seconded by Bruner. All voted aye. Bob reviewed the Minnesota Department of Health Report on the system with the Board. The MDH recommends that an up-to-date map of the distribution system s.howing the location and size of mains, valves, and hydrants be made available to the operator. Linda was asked to contact Meyer-Rohlin, Inc. to get an estimate of the cost of putting such a map together. It was agreed that when such a map is completed, each contractor will have to add his as-builts to the master map as a part of his project. Bruner made a motion to require final approval on all water projects at their completion by having the project engineer attend the Board meeting to re- view the project as it was built. Irvine seconded the motion. All voted aye. The proposed amendment enabling the Board to use excess funds for building a new well has been passed by Frankfort and Albertville. St. Michael has not yet acted on the amendment. Hanover has rejected the proposed amendment. Hanover's Council requests that an article be added that states that if there is not enough money available to make the payment on the money borrowed to finance well #2, the deficit will be contributed from each community on a per -user basis. This would insure that only the people who actually benefit from the water system (th users) would be paying for well #2. Ladda will contact Mr. Hoff and ask him to incorporate Hanover's position into the most recent excess funds amendment. Walsh made a motion to amend the Operating and Authorization Agreement to give the Board authority to issue bonds or borrow money. Bruner seconded the motion. All voted aye. Linda reviewed the office spaces she had found for rent in the area. The Board agreed to check into building an office on the east side of the present pumphouse before making a decision. Linda will check with Mr. Hoff to see what legal requirements must be met. Irvine made a motion to approve the 1987 budget as proposed at the January meeting. Schwenzfeier seconded the motion. Schwenzfeier, Ladda, Lazer, Irvine, Welter, Bruner and Melanson voted aye. Walsh voted no. The motion passed. Bid opening on the Well #2 project has been set for February 18th at the Hanover City Hall at 7:30 PM. At least one member from each community is asked to attend. JOINT POWERS BOARD February 9, 1987 Page 2 of 2 Irvine made a motion to have the security alarm replaced with a new motion detector and to upgrade the power supply to the alarm at a cost of around $210. Walsh seconded the motion. All voted aye. Irvine made a motion to pay the bills as presented. Schwenzfeier seconded the motion. All voted aye. Irvine made a motion to adjourn. Walsh seconded the otion. All voted aye. Linda Moughton, Secretary JOINT POWERS WATER BOARD Hanover, Frankfort, St. Michael and Albertville Post Office Box 147 Albertville, Minnesota 55301 AGENDA February 9, 1987 1. Open meeting 2. Minutes of January meeting 3. January Financial Statement 4. System Operation Report 5. Business A.' Amendment to Operating And Authorization Agreement on use of excess funds B. Amendment to give Board authority to borrow funds C. Office Space Rentals D. 1987 Budget E. Bid opening set for 2/18/87 at Hanover City Hall at 7:30 PM F. G. 6. Bills 7. Adjourn FINANCIAL STATEMENT January 1 - January 31, 1987 Beginning Cash Balance January 1, 1987 $47,469.38 Income: Water Sales 11,838.45 Sales Tax Collcected 137.44 Meter Income 500.00 Permit Fees 25.00 Assessment Income 431.74 Interest Income 582.45 Total Income 13,515.08 Expenses: Billing Cards 2,240.00 Contract Maintenance 2,300.00 Electricity 900.77 Meter Purchase 1,501.32 Mileage Allowance 30.00 Natural Gas 34.73 Office Supplies 10.88 Payroll Taxes 263.35 Professional Fees 253.19 Salaries 1 509.19 Sales Tax Collected 315.69 Supplies 605.58 Telephone 184.15 Water Tests 20.00 Water Treatment 205.19 Miscellaneous Expenses 104.00 Total Expenses 9,478.04 Ending Cash Balance Janaury 31, 1987 $51,506.42 Cash Balance 1/31/86 - $28,826.08 BILLS - 2/9/87 1. NSP* 950.06 2. Minnegasco* 53.54 3. United Telephone* 188.25 4. Feed -Rite Controls, Inc. 153.90 5. North Star Waterworks Products 495.00 6. LaMotte Chemical Products 25.40 7. Minnesota Copy Systems 88.00 8. North Star Waterworks Products 12.48 9. B & D Plumbing & Heating, Inc. 27.70 10. Davies Water Equipment Company 126.40 11. Eugene A. Hickok & Associates 2,534.00 12. Hoff & Allen, P.A. 365.39 13. Davies Water Equipment Company 221.96 *Paid to avoid finance charge r JOINT POWERS BOARD _ January 12, 1987 Hanover City Hall 7:30 PM BOARD MEMBERS PRESENT: Ladda, Irvine, Welter, Schwenzfeier, Lazer, Walsh, Bruner, Alternate Zachman BOARD MEMBERS ABSENT: Melanson Vice Chairman Lazer called the meeting to order. Election of officers for 1987 began. Irvine nominated Lazer for chairman. Walsh seconded the nomination. Ladda made a motion to close nominations. Bruner seconded the motion. All voted in favor of electing Lazer Chairman. Irvine nominated Ladda for the office of vice chairman. Welter seconded the nomination. Walsh motioned to have nominations closed. Schwenzfeier seconded the motion. All voted in favor of electing Ladda Vice Chairman. Welter made a motion to have Linda named secretary. Walsh seconded the motion. There were no other nominations. All voted in favor of electing Linda secretary. Lazer nominated Walsh for the office of treasurer. Welter seconded the nomination. There were no other nominations. All voted in favor of electing Walsh treasurer. The minutes of the Secember meeting were approved on a motion by Ladda, seconded by Bruner. All voted aye. The December Financial Statement and 4th Quarter/Year End Report were accepted on a motion by Walsh, seconded by Welter. All voted aye. Walsh reported that the City of Albertville had hired a private firm to test the water after the numerous complaints of brown water in the city. A preliminary report shows the water contains high amounts of manganese and the report recommends more frequent flushing of the water mains. Walsh requested that Bob keep a flushing record, consisting of the date hydrants are flushed, for how long, and by whom. Bob explained that not only the mains get a build-up of corrosion but also service lines into buildings. Service lines need to be flushed periodically also when there is a problem with brown water. John Lichter presented the Board with his proposal for the new well and an estimate of construction costs. The only optional item on the cost list is the drawdown gauges listed at $4,500. These gauges give useful information to the operator but are not essential to the well's performance. The gauges would indicate if yield is beginning to decrease or if the screen were plugging. The complete plans and specifications will be complete in 1-2 weeks and bids on the project can be prepared in 3-4 weeks. Walsh made a motion to let bids on the new well with bid prices effective for 90 days. Bruner seconded the motion. All voted aye. JOINT POWERS BOARD January 12, 1987 Page 2 of 2 Walsh made a motion to appoint the Crow River News official newspaper for the Board. Lazer seconded the motion. All voted aye. Ladda made a motion to appoint Security State Bank of St. Michael, Norwest Bank, Midwest Federal, Marquette and Dain-Bosworth official depoitories for the Board. Schwenzfeier seconded the motion. All voted aye. Bruner made a motion to accept the low bid for meter and meter setters for 1987. Walsh seconded the motion. All voted aye. Board attorney Hoff indicated that bond counsel Dave Kennedy did not see a problem with the amendment to the Operating and Authorization Agreement for us-e of excess funds. The resolution Hoff drafted allows the Board to use the excess funds for any Joint Powers purpose. The City of Albertville will agree to an amendment that provides for the use of the excess funds only for a specific project, i.e. the new well. After much discussion, Hoff and the Albertville City Attorney worked out an amendment concerning the excess funds that may be agree- able to all communities. Each community will receive a copy of that proposed amendment to discuss with their Councils as soon as possible. Walsh made a motion to amend the Operating and Authorization Agreement on the rate increase effective January 1, 1987. Zachman seconded the motion. All voted aye. Walsh agreed to check the security alarm in the pumphouse to see if it can be adjusted to become less sensitive. The Board received a letter from Norm Gartner, Hanover's engineer, con- cerning a water shut-off valve that was paved over in the parking lot adjacent to the city's project. Bob will take care of raising the valve. The budget for 1987 was discussed. No final decision on the budget was reached. Linda will check on renting office space for the Joint Powers office. She will report her finding at the February meeting. Ladda made a motion to raise Linda's wages .25 per hour. Walsh seconded the motion. All voted aye. Irvine made a motion to renew the maintenance contract with Munitech, Inc. at a cost of $27,600. for 1987. Bruner seconded the motion. Irvine, Ladda, Welter, Schwenzfeier, Lazer, Bruner and Zachman voted aye. Walsh voted no. Ladda made a motion to pay the bills as presented. Walsh seconded the motion. All voted aye. Lazer, Walsh, Ladda, and Linda were approved as check signers for 1987. Lazer made a motion to adjourn, seconded by Walsh. All voted aye. Linda Houghton, Secretary r INCOME RECIEVED MARCH 16, 1987 WRIGHT TITLE GUARANTEE COMPANY $'7,198.88 ALBERTVILLE INDUSTRIAL DEVELOPMENT CORP. 100.00 WRIGHT COUNTY (STATE POLICE AID) 2,136.59 JERRY ZACHMAN (DOG LICENSE) 6.00 SANDY ZACHMAN (DOG LICENSE) 6.00 RONAY'S ON MAIN 750.00 ALBERTVILLE FIRE DEPARMENT 316.00 BARTHEL CONSTRUCTION (BUILDING PERMIT) 650.30 TOTAL $11,163.77 BILLS TO BE PAID MARCH 16, 1987 KEN LINDSAY, JR. $ 3.45 MAUREEN ANDREWS 535.47 MAUREEN ANDREWS (MILEAGE $70.84; PARKING $6.50) 77.34 KEN LINDSAY 629.52 KEN LINDSAY 4.50 WRIGHT COUNTY AUDITOR/TREASURER 1,688.12 MINNESOTA POLLUTION CONTROL AGENCY 290.00 MINNESOTA-CONWAY FIRE & bAFETY 769.50 BRUCE HALL NELSON 102.18 NSP 25.85 FRANKFORT TOWNSHIP 90.00 FEED -RITE CONTROL 8.00 HACKENMUELLERS 37.62 CHOUINARDS 115.40 COAST TO COAST 64.65 KILIAN HARDWARE HANK 153.11 ROBERT MINKEMA 200.00 PERA 133.42 WRIGHT COUNTY (HAZARD ELIMINATION SAFETY COST) 145.00 LEAGUE OF MINNESOTA CITIES (LEGISLATIVE CONE.) 55.00 TOTAL $5,128.18 ADRIAN E. HERBST DANIEL D. THUE GARY R. MATZ Tom ToGAs REESE E. CHEZICH DIANE M. SCHMIDT HERBST & THUE, LTD. ATTORNEYS AT LAW 050 NORTHLAND PLAZA 3800 WEST 8OT_tl STREET BLOOMINGTON, MINNESOTA 55431 TELEPHONE (012) 893 - 6711 TELECOPIER (612) 803 - 0991 March 3, 1987 Ms. Maureen Andrews City Administrator P.O. Box 131 Albertville, Minnesota 55301 RE: Jones Intercable Our File No. 87-0022G Dear Maureen: LEGAL ASSISTANT-CATV ANN M. MATHEWS Enclosed herewith please find a revised resolution for the purposes of assigning and transferring the Extension Permit from Rite Cable Company of Minnesota, Ltd. to Jones Intercable, Inc. The enclosed Resolution incorporates those changes made based upon the recommendations of your City Attorney and the action of the City Council. Specifically, I have added a fourth WHEREAS clauses stating that Jones has agreed to be bound by the terms and conditions of the permit. Next, I have deleted the language from paragraph three (3) which stated that Rite is not in default under any of the terms or provisions of the Permit. Based upon the action of the City Council, I understand that you will provide a letter stating that to the best of the City's knowledge, Rite is not in default except for certain situations to be listed in the letter. I would appreciate receiving that letter at your earliest possible convenience. Finally, it is my understanding that the City Council would like to have a letter from an authorized officer of Jones Intercable indicating that Jones agrees to be bound by the terms and conditions of the Permit. I have made that request and will provide you with that letter as soon as possible. HEBBST & THUE, LTD. Ms. Maureen Andrews March 3, 1987 Page 2 Maureen, thank you for all of your assistance and cooperation in getting this matter before the Council and approved. Should you have any questions or if I can be of any assistance, please do not hesitate to contact me. very /tr4ly yours, tz GRM:dl Enclosure cc: Gary Meyer, Esq. Barbara Hyndman RESOLUTION A RESOLUTION AUTHORIZING THE ASSIGNMENT AND TRANSFER OF AN EXTENSION PERMIT TO CONSTRUCT, OPERATE, MAINTAIN AND EXTEND A CABLE COMMUNICATIONS SYSTEM. WHEREAS, the City of Albertville has granted an extension permit (hereinafter "Permit") to construct, operate, maintain and extend a cable communications system within the City to Rite Cable Company of Minnesota, Ltd. (hereinafter "Rite"); and WHEREAS, Jones Intercable, Inc., a Colorado corporation has agreed to purchase the assets of the cable communications system of Rite; and WHEREAS, Jones Intercable, Inc. and/or one or more of its affiliates (hereinafter "Jones") has requested the City to approve the assignment and transfer of the Permit from Rite to Jones; and WHEREAS, Jones has agreed to be bound by the terms and conditions of the Permit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY AS FOLLOWS: 1. The assignment and transfer of the Permit to construct, operate, maintain and extend a cable communications system from Rite to Jones is approved and confirmed by the City effective upon the date of the sale of Rite's cable communications system to Jones. 2. In the event that Jones desires to grant a security interest or interests in any or all of its rights, duties and obligations under the Permit and the cable communications system to its lender or lenders as may be designated by Jones, the City hereby consents to such grant of such security interests. 3. The City hereby certifies that the Permit is in full force and effect. 1987. Passed and approved this day of CITY OF ALBERTVILLE By Its By Its JOHN B. BURKE, JR. JOSEPH T. dNEILL PATRICK H. ONEILL" BRIAN F. LEONARD MICHAEL R.OBRIEN LAWRENCE A.WILFORD ELDON J. SPENCER, JR. EDWARD W. GALE PETER H. GRILLS -ALSO ADMITTED IN WISCONSIN City Administrator City of Albertville P.O. Box 131 Albertville, MN 55301 O'NEILL, BURKE AND O'NEILL LTD. ATTORNEYS AT LAW 800 NORWEST CENTER 55 EAST FIFTH STREET SAINT PAUL, MINNESOTA 55101 TELECOPIER 1612) 297-6641 TELEPHONE (612) 227-9505 March 4, 1987 RE: Rite Cable Company of Minnesota, Ltd. Dear Sir/Madam : JAMES A. GESKE CHRISTINE L. MEUERS MICHELLE D. MCQUARRIE PAUL M. AB LAN WEST SAINT PAUL OFFICE 607 SOUTH SMITH AVENUE SAINT PAUL, MINNESOTA 55107 TELEPHONE (612) 297-6646 This firm serves as legal counsel to Rite Cable Company of Minnesota, Ltd., the holder of an extension permit to provide cable service to your community. We are aware that you recently received correspondence from Jones Intercable, the company which has proposed purchasing all of Rite Cable Company's systems in Minnesota. We believe that the transaction will be a beneficial one to the residents of your community and hope that you will extend your full cooperation to the Jones representatives who contact you. We feel, however, that it is necessary to clarify for your benefit the rights of your citizens during this transitional phase. Until the date of closing, Rite Cable Company of Minnesota, Ltd. holds the rights and obligations to build the cable system in your community. As you are aware, Rite Construction Co. is currently engaged in the construction of your cable system. Rite Cable Company of Minnesota, Ltd. has accepted and will continue to accept full responsibility for all the activities of Rite Construction Company during the period that Rite holds the extension permit. We have had several inquiries regarding the restoration policy of Rite Cable. It has always been our policy and will continue to be our policy to restore property and equipment to the condition in which it was prior to the cable construction. Due to the weather in Minnesota, it may be necessary for certain restoration work to be accomplished in the spring once the ground has thawed. At that time, even if the transfer between Rite and Jones has been accomplished, it will remain the responsibility of Rite Cable Company of Minnesota, Ltd. to accomplish the restoration of work performed prior to the transfer of the system to Jones. If you have any questions, please feel free to contact the undersigned. Very truly yours, O'NEILL, BURKE AND O'NEILL, LTD. By Christine L. Meuers CLM/c mr MINNESOTA DEPARTMENT OF hods and Training St. Cloud Job Service 111 Lincoln Avenue S.E. • Box 67 St. Cloud, MN 56302 612/255-3266 • TTY 612/255.2923 Dear Sir/Madam: The St. Cloud Job Service office Is now taking applications for positions under the Summer Youth Employment Programs. If you are Interested in having someone work for you this summer, please fill out the bottom of this form. If you will be requesting more than one position, please make a copy of this form for each additional position requested. it is important that you give all the information requested, Including the Job duties. NAME OF ORGANIZATION: ADDRESS: PHONE: (street) (city) (zip) CON -FACT PERSON: POSITION DESCRIPTION TITLE: JOB DUTIES: SKILLS AND AGE DESIRED: SUPERVISOR(S): WORK SITE LOCATION: NUMBER OF POSITIONS REQUESTED: TITLE You will be notified by mail when the final selection of job sites has been made. Please send all completed request forms to: Warren Determan Job Service Box 67 St Cloud, MN 56302 612 255-3266 If you have any questions, please call. Please send these forms back by April 10. Thank You. JOB SERVICE — JOB TRAINING — UNEMPLOYMENT INSURANCE ,� "" EQUAL OPPORTUNITY EMPLOYER 9Les9 NW 'IaeyolyY 7S Z I ON Ilw,ad OIVd abulsod S n NOIIVZINV98O IIJOHd NON K N-.�) 3 `D �CdCD :3(n=� ° o ,n go a o D O Q �N3� m o 3 co o -may 3 m � O O N O D -- N 0 0 H 0 o O 3Ncm w0 0 a m n a m 7O-m C ? O CD m 10299 NW 311I AIH39- V 311IA18381V 30 A1I0 ao,kVW 9LC99 NW •10e401W 'iS L9Z X09 O 'd M3 anuanV leNiu80 90L bulplln9 leuolssalWd pooae86P3 seillunwwoo llewg jol je;uao BjoseuujW w U) > ` J M ` OO T A 0 O N a0 0) c w O V COZY_ °iv'rn � (D� j � 3:z N m 00 /�y� W O (1) r► ro (D O O O O A ON O O O O O O O d 3 3 � 8 3 3 3 O r a n 1 D(n °m 3D n D cG N �m ° L��Co�� v Ic 0 woo 0 (D ? CD m D 3 0 w w— m l7 fn j 3 G N a` O 7 6.i m y C Cn N w N D O 0)7 y 7 O 3 CL G1 N O m� 7 (A = ,T r 7 Li m N ° 0 D nm O U; CL nCL O W 0 O Q (D .m.. 0 n � Cl e n /D C m c M y N O O W 0 f N d m � 3 D 3 a a xxm a m i x g�! D v 93 . . . . . ', . . . °o m . . . . . Io r. Gm0 D <-no<O�po n ��v��n- D 33mKC-)0M:E n cO F 3 Z c �. •a m° •< 3 O N umi s c 7 D m' 2 c° d>> m a° N O x N 0 (n x ° :� cwy 3 ao � 70 O 3 0 :T N a D o W �o O CL = O o s a- m c N m 0 c-p f o m o o Q n m -� O p a O � co, w o w m m 0 > �y� 3 o�rmu, wam 7� 3 °° `�° 0 m 3 'mc70 n 13 ° F I v° cp Q m �, 0* q c m m 'o A m �0 3m ° 3 3 �3 a m w N w m _ O N 3 D °� m 3 m w 7c m w _� I W N m (D < (D fn n CD D I Vr CD 0 Li C D C °. 3 7� O j^ C O r N m w (D "o In 0 :IO ° Q° CD(0 C 7 Cn Y 0 a� mn 0 I CD c Cl. C m CD w 3 � n: 1 — 0 \ /l/�' (!) P0 N co O CO C =r m- U) �c m 0 _ O Q 0 °ymmo m om(D(D _J ms w � = o ton a w° o o=oO mm. ~ Cl- �O Z ( 0—r aan ai Z & m 3 w oo �D CrCIDZ VC Iv CD = 3 Fn' 0°' i (D in Z AXE9 �� owo O - r 0'10 N a7o O0 EF m CD Z 0 w�c x fa(��°) 0 (C) CID _ Oda N CDn° �c - ° En w -d o N x :3> �0 �� m<_ =w(n - E o moo = CD 0 0 M p C N W ` (� m 7 m st CD N Obi t = x -� m o 3 i U) 2 0 ;K r- C_ m Li n _ m N Ci K a (D C) D T W on m D e `DD 0 o K m» m 3 00 c O .9. N N : N - C ?. 47 7 o 3 7 3 d m si N y 01 m-n m o c <D m 0 3 0 ,C 55>? m 3 0 <D 0 CD p D M t0 0 d n CD J f n (n - �r 5'o°d �� D� mm 0 3- 0- C) f C) 3 m �=D 5`2 0 m rA o (D y 0o cn �o < m m D m O O (D 0 = _ �' 3 0 D o 0 y d m o (D? o m ° X oCD m 0 < m : m 0 o d a a y o n o 0 > CD m CD 0 G) W. 5 o 2 cyo m O 3 D 0 C w D 5 3 y 1< r~ CD m 0 m U) c 3 `D 0 ID I m rn m 0 3 m p 9: n o m n m c °'. m o m< m p CD w �_ L� 0 y " o5 p () N / n o -i O w m C 0 o d 0 = m O m m ti^ 0 0 oa C1 f N 0 M c C = 0 0 < ID fn °' 7 - < n o < N o 0 7° CL m 3 v T m 0 n 0 CD ° 0 co m s C 9 9 3 � D f > 0 ---------------------------------------------------------- HOTEL RESERVATION — Mail to: Sheraton Northwest, 1.94 & Hwy. 169, Brooklyn Park, MN 55428-1696 Phone (612) 566-8855 Name Arrival Date Arrival Time Number of Guests (Adolt5 children under ,e) Street Address r` .#., mn�i Phone ( ) code Departure Date Representing State Zip No. of Rooms Special Requests Require Confirmation II Yes I I No I wish to guarantee payment of my room for one night to: Am. Ex. Visa/Master Card Number Diners Carte Blanche Expiration Date Auth. Signature MINNESOTA ASSOCIATION OF TOWNSHIPS — April 12-13, 1987 Single - $49.00, Double - $57.00 (Outside Rooms Only), $6.00 each additional person in room. All rates are subject to 6% state sales tax and 3% city sales tax. ---------------------------------------------------------- PRE-REGISTRATION Mail by APRIL 3 to: Minnesota Association of Townships FORM Edgewood Professional Building, P. O. Box 267 St. Michael, MN 55376 I (we) will attend the Small Community Workshop on April 13, 1987, at the Sheraton Inn -Northwest in Brooklyn Park, Minnesota. NAME(s) I enclosed our check in the amount of $20.00 per person registration fee. Luncheon is included. City or Township County p LLL �l 1111 11111119-111 —b league of minnesota cities February 28, 1987 TO: Mayors, Managers, and Clerks FROM: James F. Miller, President, League of Minnesota Cities RE: Nominations for C.C. Ludwig Award for Distinguished Municipal Service The C.C. Ludwig Award for Distinguished Municipal Service has been presented to outstanding city officials for nearly a quarter of a century. The award, established in honor of C.C. Ludwig, League Executive Secretary, 1935-1958, has been presented by the LMC since 1962 and is viewed as a significant recognition of exceptional public service. Nominations are now open for the 1987 C.C. Ludwig Award and the deadline for submission of nominations is March 20, 1987. Instructions for submitting a nomination, a copy of the rules, and a nomination form are enclosed. If you have any questions regarding the C.C. Ludwig Award, please contact Lynda Woulfe at the League office (612) 227-5600. The C.C. Ludwig Award is a symbol of outstanding leadership in municipal government, unselfish concern for public welfare, and the pursuit of excellence in municipal government. Over the years, the stature and importance of this award has grown. The nomination for the C.C. Ludwig Award is widely recognized as an exceptional honor for city officials. You can add to the significance and esteem with which the C.C. Ludwig Award is regarded by encouraging your city to nominate a highly qualified person among your city officials or employees for the award this year. The deadline for nominations is March 20, 1987 and nominations should be mailed to: Lynda Woulfe, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101. The panel of judges is composed of Minnesotans who have distinguished themselves in public service. The judges rely heavily on supplementary documents as outlined in the nomination form. Your attention is also directed to the criteria listed under "Eligibility for Award". Material presented based on these criteria assists the judges in their decision. If you wish to present a variety of documents, it is recommended they be enclosed in a notebook, binder, or scrapbook. The award will be presented at the 1987 LMC Annual Conference to an elected official(s) or employee(s) of a member city who, in the opinion of the judges, has the most outstanding record of public service among those nominated. The judges may, at their discretion, present two awards when nominees meet the standards of excellence contemplated for the award. When two awards are presented, however, one must go to an official of a city of less than 10,000 population. For this reason, small as well as large cities are urged to submit nominees. 1 ; 3; i,riiversity avenue (2ast, St. paul, minnesota 551 01 161 2) 227-5600 INSTRUCTIONS FOR NOMINATING CANDIDATES FOR THE ANNUAL C.C. LUDWIG AWARD FOR DISTINGUISHED MUNICIPAL SERVICE Nominations may be made by a city council or by any civic organization concerned with local government function with the endorsement of the city council. The person nominated must be (or have been during the year) a Minnesota municipal official or employee but not necessarily from the city making the nomination. If the nominee is from another city, the nomination form may be left incomplete if information is insufficient. Size of the city will not be a factor; individuals will be evaluated in terms of their contributions as compared with the general nature of the problems and challenges facing the city. PLEASE BE SPECIFIC IN ANSWERING QUESTIONS. References to concrete examples and situations will be of greater significance than general statements in evaluating the nominees. Those making the nomination will want to keep in mind the following factors which the judges will take into account in determining the winner of the C.C. Ludwig Award: 1. The extent of which breadth of vision, statesmanship and unselfish concern for the general good have been characteristic of the nominee's public life. In the evaluation of this characteristic, importance shall be attached to the following: (a) Service above and beyond that which is required by the nominee's position. (b) Contributions of the nominee in the interests of improved municipal government, through national, state, county, municipal, professional, or other public organizations or agencies. 2. The nature and extent of the improvement in municipal government or nominee's municipality attributable to the nominee's municipal service and the lasting character of such improvement. 3. The respect in which the nominee is held by his/her community, and the influence he/she has had in raising the prestige of municipal government service. 4. The length of nominee's municipal service. This factor shall not be considered as important as other criteria except that service of the nominee should have been long enough to have established a pattern of continued, unselfish conduct in office. Please consult the rules for more specific information on eligibility and timing of the nomination. LJ league of minnesota cities RULES FOR C.C. LUDWIG AWARD FOR DISTINGUISHED MUNICIPAL SERVICE 1. ESTABLISHMENT AND PURPOSE. The award to be known as the C.C. Ludwig Award shall be made in accordance with the following rules to a deserving Minnesota municipal official or employee of a city, village, borough, or town which is a member of the League of Minnesota Cities. The award shall be made at an appropriate time during the annual convention of the League of Minnesota Cities. 2. ELIGIBILITY FOR AWARD. The award shall be made to the official or employee who has, in the opinion of the judges, the most outstanding record of public service for a city among those nominated for the award. To be eligible, an official must have been in office some time during the year preceding the deadline date for submitting nominations. In making their determination, the judges shall take into account the following factors: a. The extent to which breadth of vision, statesmanship and unselfish concern for the general good have been characteristic of the nominee's public life. In the evaluation of this characteristic, importance shall be attached to the following: (1) Service above and beyond that which is required by the nominee's position. (2) Contributions of the nominee in the interests of improved municipal government through national, state, county, municipal, professional, or other public organizations or agencies. b. The nature and extent of the improvement in municipal government or nominee's municipality attributable to nominee's municipal service and the lasting character of such improvement. C. The respect in which nominee is held by the community and the influence nominee has had in raising the prestige of municipal government service. d. The length of nominee's municipal service. This factor shall not be considered as important as other criteria except that service of the nominee should have been long enough to have established a pattern of continued, unselfish conduct in office. No award shall be made in any year in which, in the opinion of the judges, no nominee meets the standards of excellence contemplated by these rules. The judges may make two awards in one year when, in their opinion, two nominees meet the standards contemplated — by these rules; provided, however, that if two awards are made, one must be made to an official of a municipality of less than 10,000 population. -1- 1 r3 : t irnve.rsity nvenLJe east, st. paul, minnesota 551 01 (O 1 2] 227-5600 RULES FOR C.C. LUDWIG AWARD FOR DISTINGUISHED MUNICIPAL SERVICE 3. NOMINATIONS. Nominations may be submitted by any one of the following: a. The council of a member city; b. Any civic organization concerned with local government with the endorsement of the city council. Mail nominations to: Lynda Woulfe League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101 no later than March 20, 1987. Mailed nominations shall be postmarked no later than the due date for submissions. Suitable and timely announcements shall be made in soliciting nominations for the award. 4. JUDGES. No later than the last day for nominations each year, the president of the League of Minnesota Cities shall choose three or five persons as judges to select the C.C. Ludwig Award winner for that year. Judges shall be outstanding Minnesota citizens or public officials who are not eligible for the award, except that if five judges are appointed, no more than two may be members of the Board of Directors of the League of Minnesota Cities. 5. These rules may be amended in general or in any particular at a regular or special meeting of the Board of Directors of the League of Minnesota Cities. /lw -2- NOMINATION FORM Please be as specific as possible in answering all questions. If additional space is needed, use reverse side or attach extra sheets. Nomination submitted by: a. The City Council of *b. Civic Organization Name/Number of contact person regarding the nomination: Person Nominated from City of Present Municipal Position a position held since 19 Previous Public Positions held: YEARS 1. 19 to 19 2. 19 to 19 3. 19 to 19 Positions held in Organizations (County, Regional, State, National) of cities or city officials. 1. 19 to 19 2. 19 to 19 3. 19 to 19 Other Public Service (as chair or member of citizens' committees or organizations, etc.). Indicate also the achievements, in general terms of the committee or organization while the nominee was a member or the nominee's contributions or record as a member: Name of Committee or Organization Date(s) Nature of Work Office Held 1. 2. 3. 4. 5. Local Elections in which Nominee Has Been a Candidate: Office Sought Year(s) Result *must have endorsement of the city council to make nomination Municipal accomplishments for which nominee was wholly or partially responsible (and role of nominee in the accomplishments): 1. NN 3. 4. 5. Awards or Citations for municipal accomplishments: 1. 2. 3. 4. Other evidence that nominee is held in high public esteem: Other facts bearing on nominee's qualifications to be the award recipient: 1. 2. 3. 4. Supplementary Documents. The nomination may be supported by any other material bearing on the factors which the judges are required to take into account in determining the award winner. (This material may include, but need not be limited to, (1) newspaper editorials, articles, and pictures; (2) letters of appreciation from citizens or other officials; (3) letters of recommendation from public officials or community leaders.) The nominations shall be mailed to: Lynda Woulfe League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101 no later than March 20, 1987. Mailed nominations shall be postmarked no later than the last date for submission of nominations. .................... p NO" THE RIAU 2 HOBBY /981 CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PHONE: 497-3384 The Albertville City Council would like to thank you for your interest in wanting to serve on the Planning Commission. In an effort to fill the current seat the Council has asked that you fill out the attached application and return it to the City at: CITY OF ALBERTVILLE BOX 131 ALBERTVILLE, MINNESOTA 55301 In addition, it was suggested that you might like to meet with the Council to discuss your interest in serving on the Planning Commission. If you would like to meet with the Council please let me know so that a time can be set up. Again, thank you for your interest in serving on the commission. If you have any questions please feel free to contact me at 497-3384. enclosure Sincerely, CITY OF ALBERTVILLE Maureen Andrews City Administrator Make our City........ Your City We invite Home, Industry, Business CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PRONE: 497-3384 Recently you have expressed interest in serving on the Albertville Planning Commission. In an effort to fill the vacant position we ask that you fill out this application and return to City Hall by I/La"r) (l' , 1987. Thank you fur your interest in serving on the Planning Commission, if you have any questions regarding this application please feel free to contact me, Maureen Andrews at 497-3384. 1. NAME: last first middle 2. ADRE SS : 3. TELEPHONE NUMBER home: �f"i �j,5 �� work: 4. ARE YOU AVAR.ABIE IN EVENINGS FOR MEETINGS? yes no 5. BACKGROUND AND RELATED EXPERIENCE WHICH LAN BE APPLIED TO THE POSITION YOU ARE INTERESTED IN. 6. REASONS WHY YOU WOULD LIKE TO SERVE ON THE PLANNING COMMISSION. J� I hereby certify that all answers to the above questions are true and I agree and understand -any false statements contained in this application may cause rejection of,this *p L9cation. Signature Date M il,.• . ur City. . . . . I . Yow t 'ity We invite Hume, Industry, business WRIGHT COUNTY DEPARTMENT OF HIGHWAYS Wright County Public Works Building Route No. 1- Box 97-B Buffalo, Minnesota 55313 Jct. T.H.25and C. R. 138 Telephone (612) 682-3900 WAYNE A. FINGALSON, P.E. COUNTY HIGHWAY ENGINEER DATE: March 6, 1987 TO: Wright County Cities r FROM: Wayne Fingalson, County Engineer This is being sent to you to inform you of a number of items as follows: 1) Availability of Used Sanders i� 2) Availability of Used Radios 3) Status of Hazard Elimination Safety Program (signing along city street system) - excepting cities of Buffalo, Monticello, and St. Michael 4) Availability of Training Guide booklets An explanation of each of these items follows. March 6, 1987 Page 2 I. Availability of Used Sanders The Wright County Highway Department currently has three used sanders (Swenson, Model UA111) which are in good working order. We have decided to offer these units to all Cities and Townships in Wright County for purchase, instead of waiting for our next County auction. These units will be available for inspection at the Wright County Public Works Building on Monday through Friday between the hours of 7 a.m. and 3:30 p.m. This building is located at the intersection of T.H. 25 and County Road 138 north of Buffalo. Prior arrangements for inspection should be made with Mr. Wayne Luetgers, Shop Superintendent at 682-3900, ext. 174. If any of you are interested in submitting a written quotation on,any or all of these sanders, we are asking that written quotations be submitted to the Wright County Highway Engineer no later than 12 noon Monday, March 23, 1987. A summary of the received quotations will then be presented to the County Board on the following day. Mailing address for return quotes appears at the top of this letter. If there are any questions relative to this quotation, please feel free to call Wayne Luetgers, Shop Superintendent for clarification. 2. Availability of Used Radios The Wright County Highway Department also has 39 used radios which are available for purchase to Townships and Cities. These radios have become available since the County has purchased new radios as part of our improved communication system. 28 of these are Motorola Tube Type radios. The remaining 11 are Solid State units (9 GE units, 1 Johnson, and 1 Hammarlun). These units are also located at the Wright County Public Works Building. All information regarding inspection, etc. is the same as that mentioned in Item #1 above. If you are interested in any of these radios, Wayne Luetgers will provide you with a number which can be used to refer to the particular unit. This number should be referenced in any written quotation that you submit to us. The deadline for submittal of written quotations is also noon on Monday, March 23, 1987. A summary of received quotes will also be presented to the Wright County Board on the next day (March 24, 1987). 3. Status of Hazard Elimination Safety Program Many of you are probably wondering what the status is of this signing program. Phase I of this program has been essentially completed. This phase was the inventory part of the program where we hired a consultant to determine the signing needs of each Township and participating City. Although the inventory is completed, we had to return the inventory sheets to the consultant for clarification of certain items. We will Wright County Cities March 6, 1987 Page 3 3. Status of Hazard Elimination Safety Program (con't) provide you a copy of the inventory for your particular City when we receive these back from the consultant. The inventory sheets will indicate the specific location and type of signs which need to be installed and/or removed. We are currently working on the proposal for Phase II of this program. This phase will provide for the purchase of the materials and the installation/removal of the signs according to the inventory that was completed. We have set a letting date for April 7, 1987 for this contract. If everything goes well, all the signs should be installed by September 1, 1987.' As you know your City will be responsible for 10% of the cost for the project. The remaining 90% is being paid for by the Federal Government. It is estimated that the inventory portion of this program is about 10% of the total cost. Therefore, we have computed a preliminary cost for each City (based on your mileage) and are requesting that you now pay that money to Wright County. Wright County will be paying the consultant on your behalf. The amount that we are asking you to pay for your particular City is shown on the enclosed Attachment B. After the installation phase, we will be computing final costs for each City. If these costs exceed the amount the City has paid initially we will be billing you for the difference. If the amount you initially paid is greater than the final cost, we will be reimbursing you for the difference. The Wright County Board of Commissioners agreed at their March 3, 1987 meeting, that County money (nearly $200,000) will be used to pay the successful bidder for Phase II until Federal reimbursement is received, after final inspection and approval. This, of course, eliminates Townships and Cities from having to provide funds to pay the contractor before Federal reimbursement is received later this year (hopefully). 4. Availability of Training Guide Booklets The Wright County Highway Department has recently received a set of new publications from the National Association of County Engineers. These publications are in two different categories, the Action Guide series and Training Guide series. The Training Guide series is a set of seven volumes that provides tips for training maintenance crew foremen and their crews. Some Cities have talked with me at various times, regarding the availability of these type of booklets. In case your City is interested in obtaining any of these booklets, I have simply enclosed a copy of the order form which we received with our set. This can be used to order the booklets if you would like to have a copy for your own City. If you would like to view either the Action Guide or Training Guide series, please do not hesitate to contact my office regarding this. Wright County Cities March 6, 1987 Page 4 I trust this information in this contact my office if you have any Enclosures letter is helpful to you. Please questions on any of this information. PC: County Commissioners Richard Norman, County Coordinator Nila Ellis, Highway Accountant Wayne Luetgers, Shop Superintendent Harvey Engelman, Maintenance Superintendent WAF/jas �"- • r r ..wti• M�nA�fll3tila .P�. * 1987 ESTIMATE OF HAZARD ELIMINATION SAFETY COSTS * * * * JURISDICTION 1986 COST RATE/MILE CERTIFIED ROAD DISTRIBUTION MILEAGE * TOWNSHIP +� ALE(ION +F BUFFALO 15 51.65 $774.75 * CHATHAM SS 37.60 #564. GG + +F CLEARWATER 15 27.00 $405. GG i * COKATO 15 is 34.72 #52G.80 * COR I NNA 51.09 # 766. 35 +F FRANKFORT 15 15 54.64 #819. 6G +F FkANKL I N 1 44. 54 #668. i G + +E FRENCH LAKE `' 15 65. `3 5 $969. 2 5 � +' MAPLE LAKE 15 46.64 $729.60 MARYSVILLE 15 .53.81 #BG7.15 * MIDDLEVZLLE 15 42.08 #631.2G t MONT I CELLO 15 53.57 #803. 55 OTSEGO 15 56.55 #848. 25 *F ROCKFORD 15 54.34 # 815. i G +� SILVER CREEK 1561.96 54.27 814 $. GS 814.7G +E SOUTHSIDE 15 +F STOCKHOLM 38.50 $577. 5G#771 +� VICTOR I 5 15 51.40 . GG +� WOODLAND 52.60 #771. GG *' 15 41.10 f626. SG * CITIES +F ALBERTVILLE +F ANNANDALE C9 5 +E CLEARWATER c� 14 # 145 $145. GG +F COKATO 29 6 . GG +� DELANO 29 10 74 # i . GG $174. +� HANOVER 29 10 OG HOWARD LAKE 29 3 _ _ . #E9G. GG +w MAPLE LAKE 29 6 #87. OG * MONTROSE c9 8 #17 4. GG $174.GO * ROCFORD le9 5 +F SOUTH HAVEN 29 16 # 145. GG +� +� WAVERLY 29 2 #4 . GG #6464. GG * TOTALS 1068.03 # 17, 3G8. 45 * August 1986 National Association of County Engineers Assoc'., ORDER FORM ,00 i NACE Action Guide Series .•... ` These guides provide organizational and technical information based on best nationwide prac- tices. With over 150 county engineers contributing to the guides, the Series is a valuable training resource that provides information on 21 management and technical subjects. Full Set NAC E Action Guides 3 (Three Volumes) No. Ordered Price :Total Vol. I — ADMINISTERING YOUR DEPARTMENT'S PROGRAMS Preparing budgets and schedules, and dealingwit.h personnel and the public 20.00 area continuing part of your job. Eight ACTION GUIDES tell you how to keep things running smoothly. e Organization a Personnel a Purchasing a Financial Management a Main- tenance Management *Administration of Bridge Inspection a Tort Liability e Public Support Vol. II —PLANNING YOUR COUNTY'S INFRASTRUCTURE How can planning head off future problems without becoming an expensive and time-consuming exercise? On a limited budget, 20.00 what planning activities are most essential and how should they be done? Five ACTION GUIDES focus on these issues. *Comprehensive County Planning a Road Program a Impact of Land Develop- ment on the Highway System a Rural Public Transportation a Solid Waste Management Vol. III —KEEPING THE SYSTEM GOING Asa county engineer you must deal daily with issues relating to traffic flow, soils, drainage, bridge safety, and other technical issues. Eight ACTION 20.00 GUIDES serve as ready references about the wide variety of technical topics you are expected to know about. e Road Surface Management a Traffic Operations a Bridge Reha-bilitation on Low -Volume Roads a Safety Improvements a Drainc3e a Aerial Photogra- phy a Subsurface Soil Exploration a Soil Erosion vention and Water Pollution Pre- NACE Training Guide Series The NACE Handbook on Training for Road Departments provides the road department head with _ information on training crew foremen and their crews. A Trainer's Guide provides tips for the trainer of the foremen and crews. In addition five training guides cover specific subjects. Over engineers contributed to the guides. 125 county Full set of Training Guides (Seven Volumes) Handbook on Training for Road Departments/Trainer's Guide """" Blading Aggregate Surfaces """ $10.00 .................................................... How to Talk and Communicate at the Same Time " """"""' 4.00 2.00 Improving Traffic Maintenance " """"""""""""""""' ...................................... 2.00 Maintaining Bridges After Inspection """"""""""""""' ......................................................... 2.00 Tips for Conserving the Environment and Energy """""""' 3.00 2.00 Add $2.00 for processing 2.00 Total Amount of Order ....... Mail to: MILTON L. JOHNSON, P.E. Executive Secretary NACE 326 Pike Road Check or money order enclosec ❑ (NACE pays postage) Make checks payable to National Association of County Engineers Bill me (Order plus postage) Purchase Order N, Signature Date Ottumwa, Iowa 52501 Sl S 6Ad 69�R FIRST CLASS U.S. POSTAGE PAID St. Paul, MN PERMIT NO. 3223 [LHI RII 1 III Maureen Andrews Admr. —Clerk—Treas . City Hall ALBERTVILLE, MN 55301 League of Minnesota Cities CITIES BULLETIN An update of legislative and congressional actions affecting cities Feb. 28-March 6, 1987 Number 9 1(DH1 DISC ', Including reviews of metropolitan area issues 4�. by the Association of Metropolitan Municipalities League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101, (612) 227-5600 Highlights r LMC Cities Bulletin No. 9 March 2- . 1 ***ACTION ALERT*** Governor's miscellaneous revenue bill could increase city costs ***ACTION ALERT*** Prosecution of new dross misdemeanors ..........................W-2 Innovative infrastructure financing surve .....................F-1 Summaries of bills Note: The League summaries bills of interest to city officials. Courts .......................... .........................S-1 Environment...............................................5-2 Finance and revenue ................. General Gove.r.n..m...e.n...t.............................. ................................. 2 LiquorS- Metropolitan Pensions and retirementS-6 PersonnelS-6 ... Public............................5-6 Safety .. ........................... Special legislation....... ... " " " 'S 7 • ........ Transportation .............................. " S-7 ..............S-7 W=Week in review S=Summaries of bills F=Federal update W-1 Week in review Action Alert GOVERNOR'S MISCELLANEOUS REVENUE BILL COULD INCREASE CITY COSTS The governor's miscellaneous revenue bill, H.F. 528 (Voss) and S.F. 546 (Doug Johnson) contains several provisions of interest to cities: Deed registry tax imposed on cities. Article 3 of the bill would impose the deed registration or recording tax on state and Local government units (including cities) for sales and transfers of property. Under current law, Local governmental units are specifically exempt from the tax. The tax would be equal to $4.40 Plus $2.20 for each $500, or fractional part of $500, in excess of $1,000. For example, the deed registration tax for a $100,000 property would be $440; for a $1 million property, the tax due would be $4,400. For cities which engage in a good deal of development and redevelopment activities, this deed registration tax could be a significant cost increase. CITY OFFICIALS SHOULD CONTACT THEIR STATE LEGISLATORS IN OPPOSITION TO THIS PROVISION. L21-ging tax. Article 9 of the bill would allow counties, by adoption of a resolution, to impose a tax of up to three percent on Lodging at a hotel, motel, rooming house, tourist court, or resort. Under current Law, only statutory or home rule charter cities and towns may impose such taxes. If the county board imposes a Lodging tax, it may apply on a countywide basis except that it would not apply to the city or town that has already imposed, or subsequently imposes, a Lodging tax. The proposal would also extend authority to impose the Lodging tax on transient lodging at colleges and universities. When reviewing the bill, some House Tax Committee members discussed the possibility of removing a restriction in current Law which requires that cities use 95 percent of the proceeds from the lodging tax to fund Local convention centers or tourist bureaus. Telephtone gross earnings tax. Article 5 of the bill delays from 19$7 o 1990 the phase out of the six percent telephone gross earnings tax. In addition, the bill would delay until 1990 subjecting telephone company property to local property taxes. The revenue department's estimate of foregone local property taxes is $11 million to $12 million per year. Ci arette tax. Article 10 of the bill increases the cigarette excise tax from 16 to 38 cents per pack and assigns the new proceeds (estimated at $119.4 million over the biennium) to the capitol budget rather than to the Water Pollution Control Fund which is where the first 16 cents goes. This is consistent with ` the administration's proposal to transfer the state wastewater treatment financing assistance out of the Water Pollution Control Fund to the capital budget. W-2 Action Alert PROSECUTION OF NEW GROSS MISDEMEANORS The Senate Judiciary Committee will begin hearing testimony on S.F 286 this week. The Criminal Law subcommittee has sent the bill up to the full committee without a recommendation. The bill in its current form would authorize prosecuting attorneys to certify misdemeanors as petty misdemeanors if the attorney believes such action is in the interest of justice. The bill would also change the crimes of repeated fifth degree assault within five years, theft under $750, criminal damage to property, and forgery by check under $750 to gross misdemeanors. These changes would make city prosecuting attorneys responsible for the prosecution of gross misdemeanors that used to be felonys. The League Board has voted to support this bill but we need to hear from cities that contract with their county attorney or another attorney for the prosecution of misdemeanors, on the effect this proposed legislation will have on such contracts. Please contact Stan Peskar or Steve Yurek. F-1 Federal update INNOVATIVE INFRASTRUCTURE FINANCING SURVEY The National League of Cities is collecting materials for a book of 20 to 30 case studies on new infrastructure financing options. NLC hopes to release the publication this summer. It will focus on non-traditional approaches to infrastructure financing in areas such as water supply, wastewater treatment, storm drainage, street and bridge maintenance and construction, utility services, public transit, and streetLighting. Is your city using a financing technique that other communities should know about? To suggest an example for possible inclusion in the book, mail the following by April 1 to NLC. INNOVATIVE INFRASTRUCTURE FINANCING TECHNIQUES My name and title Address City State and Zip Code Name of contact person Phone number of contact person ` Summary of the financing technique Return the form to: Nancy Minter, Finance Case Studies, OPAD National League of Cities 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Please send a copy of the information to Ann Higgins at the League office in St. Paul. * * * * * * * * * * * * * * * * * * * * * * * * The New Immigration Law * A preliminary explanation of city obligations under the new federal immigration law will be in the April issue * of Minnesota Cities magazine. * Watch for the "Did you know?" column in April. * * * * * * * * * * * * * * * * * * * * * * * S-1 Summaries of bills COURTS Reform of dama e awards in civil actions. H.F. 543 (Simoneau, Kalis, WelLe, DeBLieck, Olsen) (Judiciary) would expand the definition of collateral sources to include any contract of insurance, health, or income disability coverage, and social security or pension payments. The bill would require a separate hearing to determine if there are any collateral sources of recovery and would require the reduction of the award by the amount of the coLLateraL sources. The court would need to inform the jury of the existence and amount of collateral sources. The bill would establish a periodic payment of judgments act to regulate the payment of future damages and to assure that payments of damages more nearly serve the purposes for which the court awards them. False identification. H.F. 555 (Carruthers, Marsh, Orenstein, MiLbert, Dempsey Judiciary) would make it a misdemeanor for a person to give a police officer a false name, false date of birth, or false or altered identification card when the officer makes an inquiry in an investigation or arrest. DWI mandatory minimum penalties . S.F. 537 (Jude, Ramstad, Cohen, Spear, D. Peterson) Judiciary would require a person convicted of DWI more than once in five years or two or more times in 10 years to go through a chemical dependency evaluation and either: 1) a minimum term of imprisonment of 30 days; or 2) 240 hours of community service. The bill would make this penalty mandatory unless the prosecutor files a motion to have the defendant sentenced without regard to the mandatory minimum term of imprisonment prior to sentencing. Tort reform --joint and several_ LiabiLit S.F. 6 Wegscheid Benson, Samuelson, Adkins Judiciar 79 (Waldorf, lish the doctrine of joint and several liability unless specifically provided for by statute. Parties would still be jointly liable if they acted in concert to consciously and deliberately pursue a common plan. Tort reform--LiabiLity limits. H.F. 658 Bauerly, McEachern) Judiciary would decrease the tort liability Limits for the state and municipalities to $100,000 per claim (was $200,000) and $300,000 per occurrence (was $600,000). DWI --blood or urine test for DWI. H.F. 690 (Swenson, Kelly, BLatz, Kludt, Carruthers Judiciary) would require a blood or urine test, or both when there is probable cause to believe there is impairment by a controlled substance. A person would be required to take one or both of the tests as determined by the peach officer. S-2 Use of police radios_. S.F. 605 (Bertram) (Judiciary) would make _ it a felony for a person to have in his/her possession or use a radio or device capable of receiving or transmitting a police radio signal or message while committing a crime. ENVIRONMENT Resolution to Congress --regulation of pipelines. H.F. 567 (Knuth, Voss, Quinn, R. Johnson, Bishop) (Regulated Industries) would ask the president and Congress to give states more authority to regulate interstate pipelines and to improve federal regulation. Petroleum tank release cleanup program . S.F. 536 (Novak, Merriam, Wegscheid) (Environment & NaturaL Resources) would establish a petroleum tank release cleanup program under the administration of the PCA and the department of commerce and would prohibit a political subdivision from requesting or ordering a responsible person to take any corrective action that conflicts with or is more restrictive than the action the state requests. Soil and water conservation districts. _ S.F. 561 (DeCramer) Agriculture would simplify and clarify the law governing soil and water conservation districts. FINANCE AND REVENUE Legislative commission on fiscal policy. H.F. 547 (Bishop, Norton, G. Anders(5n, Simoneau, Schreiber) (Govermental Operations) would create a commission to study and evaluate the state government's total level of expenditure and its sources of revenue, considering: degrees of dependence and mix of revenue sources, allocations for major funding programs, and Legislative oversight. Membership would be nine senators and nine representatives. The appointments would be for two years. The commission would report their recommendations for change to the Legislature by January 15 of each odd -numbered year. The bill would make an unspecified appropriation to be available until June 30, 1989. Pro22fty taxpayer identification number requirement. H.F. 560 (Ogren, Voss, Vanasek, Sviggum, Dempsey Taxes would extend the requirement for the social security number or taxpayer identification number for each of the owners for homestead property held in joint ownership. Currently property is non -homestead if owners don't provide these numbers. Effective for 1987 assessments and thereafter. Sales_ tax exemption_for manufacturing equipment. S.F. 493 WaLdorf, Benson, PehLer, Laidig, Reichgott) - Taxes and Tax Laws) would exempt manufacturing from the sales tax. (Currently the sales tax on capital equipment for manufacturing is four percent.) The bill would include in the exemption production equipment, and S-3 repair and replacement parts, and would eliminate the requirement Of use in a new or expanded facility. The bill would not exempt furniture, fixtures, or equipment for warehousing, shipping, biLLing, or other administrative functions. Effective for sales after June 30, 1987. Distressed county designation. S.F. 513 (D.R. Frederickson, Purfeerst, Mehrkens, Beckman, Schmitz) (Taxes and Tax Laws) would change the requirements for qualification as a distressed county. The unemployment rate factor would increase to 16 percent or more of the county's economy dependent upon agriculture (presently 20 percent). Effective for counties designated in JuLy 1987 and thereafter. Corporate, franchise, and insurance Premium tax. H.F. 616 (Voss, Rest, Long Taxes would modify the taxation of corporations and franchises in Minnesota and would extend the gross premium tax to non-profit health service plan organizations. This would create the potential for a double taxation through LMCIT. Bond aLLocation. S.F. 683 (PogemiLLer) (Economic Development & Housings would authorize the commissioner of energy and economic development to establish a annual volume cap amount and make the following allocations: 1) manufacturing pool - 34.7 percent; 2) multifamily housing pool - 14.0 percent allocate; 3) public facilities pool - 9.8 percent; 4) entitlement issuer allocations a) Minnesota Housing Finance Agency - 23.4 percent, b) Minneapolis - 9.3 percent, c) St. Paul - 7.0 percent, d) Duluth - 3.2 percent. ALLocations from the manufacturing pool would be allocated on a weekly first -come, first -served basis to entitlement cities who enter the pool after July 1, 1987. Entitlement cities would be able to keep their entitlements for the entire calendar year and carry forward amounts in 1988. Calculation of agriculturaL adjusted assessed value. H.F. 678 Scheid, Frerichs, McKasy, Redalen Taxes would change the 1987 adjusted assessed value of agriculturaL "tillable" lands (from gross rental rate capitalized at nine percent) to a calculation of "agricultural economic value per acre by a soil productivity index" on a per acre basis. The bill would base the value on a current five-year average of the net return to Land --the difference between gross income and production costs for non -land costs. Sod rowing machinery as farm _machi_ n�. H.F. 703 (Jacobs) Taxes would include equipment and vehicles for the seeding, cultivation, harvesting, and mowing of sod as farm machinery and, therefore, subject only to a two percent sales tax. S-4 Tax compliance and penalty changes. H.F. 611 (Voss) (Taxes) would appropriate 19�50,500 and an additional 308 employees for compliance activities and computer system development for the Department of Revenue. The bill would extend non -renewal of Licenses for non-payment of taxes to occupational licenses (now profession, trade, and business licenses). It would impose a $50 fee on business tax identification numbers. The proposal would increase the tax penalty for underpayment to 25 percent of the amount plus interest (presently 10 percent), and would change the penalty on failure to pay taxes to a graduated penalty (three percent increase for each 30-day delay), up to an aggregate of 24 percent. The bill would provide for state tax lien filings and permit the Department of Revenue to allow the IRS to levy on Minnesota tax refunds. Dealers of marijuana or other controlled substances would not need to give their name, address, social security number, or other identifying information on the form for tax stamps. Mining and timber taxation. H.F. 615 (Voss, Neuchschwander, Minne) (Taxes would impose an occupations tax on mining businesses and a two percent net proceeds tax on mining operations. It also would provide a credit for iron ore and taconite occupation taxes, and would allow for tax withholding from royalty payments for exploration, mining, and ore removal. The bill would change the definition of temporarily non -productive Lands and increase the tax on all non -productive Lands to 30 cents per acre (presently 15 cents). It would require forest management plans for taxable Land. GENERAL GOVERNMENT Health services --shared service agreements. H.F. 526 (Welle, Rodosovich, Cooper, Kinkel, Lasley) (Health & Human Services) would authorize the state to enter into shared service agreements with other governmental entities, and both non-profit and profit health services organizations. Notice of vacation of streets. H.F. 570 (Wagenius, Trimble, A. Johnson, Larson) (Environment & Natural Resources) would require a 30-day written notice to the commissioner of natural resources when a city, county, or town is considering vacating a road, highway, street, alley or other public ground that terminates or abuts upon any public water. Regulation of manufactured homes. H.F. 574 (Riveness, Voss, Lasley, A. Johnson)Economic Development & Housing) would require a manufactured home park owner to request an impact report from the local planning agency when the owner intends to sell, convert, or close the manufactured home park. The Local planning agency would need to prepare an impact report addressing the availability, Location, and potential costs of adequate replacement housing upon the conversion or closure of a S-5 manufactured home park. The costs of the impact report would be payable by the park owner requesting the report. The governing body of a municipality would need to hold a public hearing to review the impact report. Municipal electric_ owereminent domain. S.F. 525 (D. Peterson, Spear, Kroening, Pogemiller7_TPublic Utilities & Energy) would grant a municipal electric power agency the power of eminent domain with respect to any real or personal property for the purpose of generating, transmitting, or distributing electric power if the agency finds it is in the public interest to ensure the natural, historical, ecological, and aesthetic value of the area. Data privacy --destruction of records. S.F. 668 (R. Peterson, r Meriam, Cohen, LuthcrT—�Judiciarry) would authorize the destruction of certain records collected by the welfare system. Data privacy -em Lo ment data. H.F. 609 (Kelso) (Economic Development & Housing) would authorize the department of jobs and training to give data on employees and employers to the department of energy and economic development. Elimination of designated smoking areas. H.F. 607 (Kahn, Skoglund, D. NeLson, Olsen) (Health —& Human Services) would allow managers and supervisors to designate non-smoking areas and would provide for the elimination of smoking areas. The bill would provide protection for compLaints of non-smokers and would require the elimination of smoking areas if steps taken in response to compLaints of smoke -induced discomfort are unsuccessful. Nursing homes --administrative costs. S.F. 600 (ChmieLewski) Health & Human Services would remove insurance costs from the category of general administrative costs, but would require the allocation of nursing home professional liability and workers' compensation insurance costs to the case mix operating cost. Property and general Liability insurance costs would be a pass -through cost up to a threshold established by the commissioner. Zoning regulations --game and fur farms. S.F. 564 (Dahl) Environment & Natural Resources) would require game and fur farms to comply with local zoning ordinances. Recording plats or conve ances--payment of assessments. S.F. 560 TDah1 Taxes & Tax Laws would eliminate the requirement that assessments be paid before conveyances or plats can be recorded, unless the assessments are deLiquent. State lottery. H.F. 633 (Kostohryz, Redalen, Vanasek, Norton, Knickerbocker) (General Legislation, Veterans Affairs & Gaming) would establish a state lottery board to regulate and operate a state lottery. S-6 LIQUOR Off -sale on Independence day. S.F. 602 (Samuelson, WiLLet, D. Peterson,.Solon Commerce) would authorize the off -sale of liquor on Independence day. Extending on -sale hours for sellin li uor. H.F. 397 (Kahn, Ogren, R. Anderson, Greenfield Regulated Industries) would extend on -sale "Liquor hours to 3:00 a.m. each day of the week and would authorize municipalities to Limit the hours for licensed premises Located within or abutting areas which are residential in character. METROPOLITAN Metro oLitan mosquito control district. S.F. 565 (Dahl) (Local and Urban Government)would increase the Mosquito Control District Commission's levy authority from 0.6 mills to 0.95 mills in the seven -county metropolitan area. PENSIONS & RETIREMENT Hibbing police and firefighters relief association H.F. 549 �Minne, Rukavina, Begich, Battaglia Governmental Operations) would increase survivors benefits by determining benefits based upon the average salary during the Last six months of employment. Volunteer ambulance employee retirement pLan. S.F. 601 (D.J. Frederickson, WiLlet, Vickerman, Davis, Beckman) (Governmental Operations) would establish a defined contribution ambulance service personnel retirement plan which PERA would administer. The plan would be open to basic and advanced life support emergency medical service personnel that are not covered under a public or private pLan. The ambulance service would elect to offer coverage to its employees, who would need to elect participation within 30 days. Such election would be irrevocable. The plan would be funded by employer contributions and employee contributions of paid personnel. The normal retirement age would be 50 years and a person would need 60 months of service to vest in the p"Lan. PERSONNEL Rights of disabled persons. S.F. 491 (Spear, Cohen, Chmielewski, BergLin, §-t-rom7 CJudiciary') would require Local human rights commissions to advise parties of additional rights under state Law, would restrict the right of employers to conduct Limited physical examinations of disabled persons, and would eliminate cost factors as a defense. S-7 Workers' compensation —premium computations --towns. S.F. 641 ChmieIewski, Schmitz, D.R. Frederickson, D.E. Johnson, Piper) (Employment) would require an insurer to compute the premiums for an elected or appointed town official based on the actual annual wage received from the town. Severance Pav and insurance coverage. H.F. 649 (Ogren, Beard, Begich, Quinn, Rukavina Labor -Management Relations) would require an employer operating in Minnesota who has at Least 100 employees to notify the Department of Jobs and Training, the local unit of government in which it is located, the employee organization, and each employee of its intent to terminate 20 percent or more of its work force. The employer would need to Pay: 1) severance to terminated employees that have worked at least three or more years in the amount of one week's gross wages for every year or fractional year of service, for a minimum of ten weeks; and 2) health insurance benefits for up to 120 days. Unemployment Compensation --benefit reform. ymentuld S.F. 618 (Chcnielewski) Emplowoestablish a wage de le at at i system of computing unemployment benefits. PUBLIC SAFETY Permitted use of police radios. S.F. 611 (Renneke) (Judiciary) would authorize the bureau of criminal a Permits for the use and apprehension to issue receivinga Possession of radio equipment capable of police emergency frequency. Inspection of vehicle tires. S.F. 607 (Bertram) (Transportation) would give peace officers the authority to insect a automobile's tires if the officer has reasonable causeanger toebelieve the tires are in violation of the law. SPECIAL LEGISLATION Little Falls--bondin authority. S.F. 632 (Samuelson) (Economic Development & ouH sings would authorize the city of Little FaLLs t issue general obligation bonds to be used for refunding certain o tax increment bonds and other municipal purposes. TRANSPORTATION State institution town road account. Purfeerst, Lang�, Mehrkens, RennekeS�F� 637 (DeCramer, wod establish and appropriate money to a state rinstitutionntownuroad account to help pay for the expenses of maintaining town roads which provide substantial access to a state institution or a unit of the state outdoor recreation system. Use of recycled waste tires. would require the commissioner encourage the use of recycled maintenance of highways in the disposal of waste tires in the S.F. 656 (Dahl) (Transportation) of transportation to use or waste tires in the construction and state. The biLL would prohibit the Land or in the water. Use of highway right-of-ways. S.F. 559 (Dahl) (Transportation) would make it a misdemeanor for a person to display a sign, or other object for commercial or political purpose that interferes with the safe and efficient movement of traffic or to use a highway for a purpose Likely to cause an unusual traffic hazard. LAND OF QUALITY FOODS February 18, 1987 STATE OF MINNESOTA DEPARTMENT OF AGRICULTURE Dear Past, Present, or Future Minnesota Tree Inspector: 90 W. PLATO BOULEVARD SAINT PAUL, MN 55107 As a result of special efforts to control gypsy moth in Minnesota, a revised Shade Tree Program is now housed in the Plant Industry Division, Minnesota Department of Agriculture. The most impor- tant function of this program is community assistance, although it does not include direct grants to communities as it did during 1977-82. Tree inspector certification and public information programs are being renewed and expanded to include a wider range of problems. Diagnostic laboratory facilities are being readied to support these expanded functions. We are rejuvenating Arbor Month and related activities, and publishing an urban forestry newsletter, the "Overstury". The firsi issue of the "Overstory" was published January 1987. If you have not received a copy, or know someone who should be on the mailing list, please let us know. The first tree inspector workshop was held January 28, 1987, drawing nearly 200 shade tree profession- als from around the state. The content of the tree inspector workshop has been revised to cover more than just the basics, and in 1988 the workshops will again be restructured to address the needs of both new and experienced tree inspectors. We have drawn upon the technical resources available through other state agencies and professional groups to update the information you have told us you need. The success of our initial workshop reflects the enormous need and desire for up-to-date information by Minnesota's shade tree professionals, and our staff is committed to meeting those .seeds. Beginning March 10, we will conduct a series of five workshops in greater Minnesota. These workshops will provide shade tree professionals the opportunity to become reacquainted with the Shade Tree Program, renew or obtain certification, and receive the most current information on shade tree pests and related problems. These workshops will also provide a forum for experienced professionals to share their expertise, and identify their needs so we can better meet them. We have enclosed a registration card for these workshops. Dates, locations, and the workshop agenda are included with this letter. If you attended the workshop in January, please pass this information on to others who may be interested. Upon receipt of your registration, we will mail information on lodging those taking the tree inspector certification examination. If you have regarding the workshops, your certification status, or other related office at (612) 296-3349. Sincerely, MINNESOTA DEPARTMENT OF AGRICULTURE 7)lY4-r.Robinson, ? To Dwight Supervisor Pest Control Services Program Plant Industry Division )PR:sln Enclosures�� along with study packets for any questions or comments matters, please contact our ENJOY THE HIGH QUALITY AND INFINITE VARIETY OF MINNESOTA FOODS VIM AN EQUAL OPPORTUNITY EMPLOYER 1987 TREE INSPECTOR WORKSHOPS Location Date Rochester Tuesday Friedell Bldg., Room 130, 3/10/87 1200 South Broadway Intersection Hwy 14 & 63 Marshall Thursday Southwest State University 3/12/87 Student Center, Room 159 Highways 19 & 23 Fergus Falls Thursday Fergus Falls Community College 3/26/87 Humanities Bldg. Theatre, Room H601 1414 College Way Grand Rapids Sawmill Inn (formerly Holiday Inn) 2301 Pokegama Ave. S (Hwy. 169) Crookston U of M - Crookston ARC Auditorium St. Paul Kaufert Lab. - Room 302 U of M - St. Paul Campus Tuesday 4/07/87 Registration / Fee Send registration to: A. O. S., Inc. 1821 University Avenue St. Paul, NIN 55104 $15.00 to cover cost of lunch & facilities Send registration to: A. O. S., Inc. 1821 University Avenue St. Paul, MN 55104 $15.00 to cover cost of lunch & facilities. Send registration to: A. O. S., Inc. 1821 University Avenue St. Paul, MN 55104 $15.00 to cover cost of lunch & facilities. Send registration to: A. O. S., Inc. 1821 University Avenue St. Paul, MN 55104 $15.00 to cover cost of lunch & facilities. Thur. - Fri. Workshop being held, and registration being taken 4/9-10/87 in conjunction with the Third Annual Northwestern Urban Forestry Conference. To register contact: Phil Baird c/o Natural Resources Dept. U of M - Crookston Crookston, MN 56716 218/281-6510, ext. 311 Saturday No fee. No lunch provided. U of M is providing 4/04/87 facilities free of charge. This workshop is being held for U of M students, who will be given prefer- ence for registration. Conference is limited to 70 participants.* U of M students should register witt Phil Splett at Green Hall, telephone 612/624-6247. Non -students should send registration to: A. O. S., Inc. 1821 University Avenue St. Paul, MN 55104 * If enough interest is shown, a third metro area workshop will be scheduled in late April. This workshop would include a $15.00 fee. If you have questions or comments concerning these workshops, please call (612) 296-3349. Minnesota Department of Agriculture Plant Industry Division Pest Control Services Program 90 West Plato Boulevard St. Paul, Minnesota 55107 Telephone: (612) 296-3349 TREE INSPECTOR WORKSHOP AGENDA (Agenda subject to minor changes.) 8:00 am - 9:00 am Registration 9:00 am - 10:15 am Overview of New State Program Urban Forestry Services from the DNR Gypsy Moth in Minnesota Diagnosing Tree Problems Other Major Tree Problems 10:15 am - 10:30 am Coffee break 10:30 am - 12:00 am Dutch Elm Disease Oak Wilt Trees & the Law Tree & Firewood Identification 12:00 am - 1:00 pm LUNCH 1 :00 pm - 2:00 pm Study Review Film: Dutch Elm Disease Questions & Answers 2:00 pm - 3:30 pm Tree Inspector Examination OR Concurrent roundtable discussion (for those not taking exam). Please note: The Crookston agenda will be restructured for the two day conference/workshop. Minnesota Dept. of Agriculture Plant Industry Division Pest Control Services 2/17/87 k�Lr��ci �iRDDITIONAL ITEMS r 1. STEVEN fffREL-MD--BUILDING PROPOSAL FOR LAND BEHIND HACKENMUELLER'S (SEE SITE PLAN) 2. ADDITIONAL BIDS FOR FARM RENTAL 3. INFORMATION FROM THE MPCA REGARDING HORDIS BORTHERS 4. RESOLUTION OF ACCOMMODATION 5. GIFT FOR DON BERNING 6. ADDITIONAL BILLS ADDITIONAL BILLS BOB BRAUN $ 25.00 RICK WACKER 47.30 ELK RIVER STAR NEWS 18.00 GARY MEYER 589.50 SUBTOTAL $679.80 PLUS $5,128.18 TOTAL $5,807.98 '0 i-♦ v ' i w � J , f 7 � • 1 � ♦i ' 0 1 O �r OZ FIRST CLASS U.S. POSTAGE PAID St. Paul, MN PERMIT NO. 3223 IIII IIII III Maureen Andrews III ,,, Admr.-Clerk-Treas. C City Hall ALBERTVILLE, MN 55301 League of Minnesota Cities CITIES BULLETIN An update of legislative and congressional actions affecting cities March 7-13, 1987 Number 10 Including reviews of metropolitan area issues by the Association of Metropolitan Municipalities League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101, (612) 227-5600 Highlights LMC Cities Bulletin, No. 10 March 9-13, 1987 ***ACTION ALERT*** Road funding is in jeopardy....................................W-1 Environmental Quality Board seeks city input ...................W-1 Ward reapportionment bill gets committee approval ..............W-2 ***ACTION ALERT*** City programs likely victims of new federal budget cuts ........F-1 ***ACTION ALERT*** Oppose further erosion of local authority to restrict billboard sites.......................................F-2 Summaries of bills Note: The League summaries bills of interest to city officials. Development...............................................5-1 Elections ............................................ ..... 5-1 Environment .......................................... ..... S-1 Finance and revenue..................................S-3, S-a General Government .................................. ...... S-4 Metropolitan government ............................. ...... 5-5 Pensions and retirement ............................. ...... S-6 Personnel.................................................SO Public Safety.............................................S-7 Special legislation.......................................5-7 Transportation............................................5-7 W=Week in review S=Summaries of bills F=Federal update W-1 Week in review Action Alert ROAD FUNDING IS IN JEOPARDY Local officials need to contact their legislators to stress the importance of roads and the need for state assistance for roads. A significant aspect of the governor's budget includes suspending the planned transfer of the motor vehicle excise tax monies from the general fund to the highway user's fund. This would result in a loss of $225 million for road repair and construction unless state lawmakers find an alternative or reject the governor's proposal. Several legislators who disagree with the proposal have indicated their surprise at the lack of state support for road funding. The League and other local government associations have been participating in a cooperative effort to promote the transfer. The League urges city officials to "turn up the heat" on this issue to indicate the importance of state road monies in the transportation system. We understand the difficulty of this request, because it's hard to determine the individual impact of the governor's plan on your area's roads. But should the transfer not occur and no other state assistance replace it, it's likely that only high -volume, poor-ccondition roads will receive any funds. This message is particularly important for metro -area city officials, who traditionally have not lobbied as strongly on roads as non -metro officials. We also suggest that while you have your legislator on the phone, you might put in a mention of the continued need for a state commitment to transportation assistance in general. ENVIRONMENTAL QUALITY BOARD -SEEKS CITY INPUT The Environmental Quality Board (EQB) is seeking information or opinions from cities and other sources concerning the existing environmental review rules (environmental assessment worksheets and environmental impact statements). Specifically, the EQB requests information and comments concerning the following topics: 1) mandatory threshholds for Environmental Assessment Worksheets and Environmental Impact Statements, and 2) the process for preparing, reviewing, and responding to comments on EAWs. Interested or affected parties may submit data or views on these issues orally or in writing to Greg Downing, Environmental W-2 _ Review Program, Minnesota Environmental Quality Board, 110 Capitol Square Bldg., 550 Cedar St., St. Paul, MN 55101, (612) 296-8253. Comments will be accepted through May 29, 1987. (The EQB maintains a list of all parties who have registered with the agency for the purpose of receiving notice of rule hearings. Anyone interested in being placed on this list should contact Downing at the above address.) WARD REAPPORTIONMENT BILL GETS COMMITTEE APPROVAL The Senate Elections and Ethics Committee met on Wednesday, March 11, and recommended to pass League -supported S.F. 397 (D. Peterson). This bill would provide for an orderly process to reapportion city wards and precinct boundaries after the Legislature has reapportioned state legislative districts. The bill now goes to the Senate floor. No hearing has been scheduled in the house. The committee laid over S. F. 487 (Luther) which would provide for a centralized voter registration system to increase voter participation. Testimony in favor of the bill came from Common Cause, the League of Women Voters, and Mn. 33% Campaign. Hennepin County raised concerns. No hearing is scheduled in the House. F-1 Federal update Action Alert CITY PROGRAMS LIKELY VICTIMS OF NEW FEDERAL BUDGET CUTS City officials must act immediately to make members of the Minnesota congressional delegation aware of exactly how much your city received in federal aid in 1986. Whether it was GRS payments, wastewater treatment construction grants, housing assistance, Community Development Block Grants, transportation funding, or other federal assistance for city residents, federal lawmakers need to know how any loss of those dollars has affected your city and how further cuts Will impact local budgets for 1987 and beyond. House Budget Committee deliberations have revealed planned cuts of more than $9 billion in programs that directly affect city government. In addition, Congress likely will seriously consider removing the exemption for cities from the federal gas tax while imposing requirements that all city employees be covered by Medicare by FFY188 (which begins October 1, 1987). House leadership is urging Budget Committee members to recommend cuts of more than 10 percent for CDBG and to reduce transit funding in excess of 25 percent. Let your congressman and both Senators Boschwitz and Durenberger know how much it would cost your city in federal gas tax payments to operate city -owned equipment and vehicles. Unless city officials insist on no more cuts in federal aid, Congress is likely to target major city programs for steep reductions. Programs that aid community development, employment, public transportation, and housing needs at the local level are all vulnerable to further cuts for next year. Since 1981, federal aid to cities has declined by more than 50 percent nationally. For Minnesota cities, the decline has been even more severe in many cases. During that same time the federal deficit has increased over 200 percent. Minnesota cities must absorb the loss of $80 million in General Revenue Sharing payments over the next two years at a time when the state is threatening to severely reduce property tax relief and local government aid payments to cities. As Senator Durenberger pointed out in comments to city officials at the recent NLC Congressional -City Conference, the withdrawal of federal funding of domestic programs is based on the mistaken notion of "'government by accident' --the theory that somehow we can get government for free if we just shift the burden to another (local) level." F-2 Send telegrams, letters, and make phone calls to your congressman as well as to our two U.S. Senators to make clear to them the cost of previous losses of federal aid and increased expenses to the city for complying with FLSA, environmental standards, Medicare and Social Security requirements, etc. Action Alert OPPOSE FURTHER EROSION OF LOCAL AUTHORITY TO RESTRICT BILLBOARD SITES City officials should act immediately to contact members of the Minnesota Congressional Delegation to oppose efforts to weaken the authority of cities to regulate billboards. There are no provisions in the Senate version of the Surface Transportation Assistance Act to aid cities to maintain some control of billboard sign location. That legislation is now being considered in a HouseSenate conference committee (SeeCities Builetin,No. 6, for further explanation of the importance of action on that bill). Amendments to strengthen city authority under the Highway Beautification Act have been defeated in Senate committee and floor action in the Senate in the Senate in February. Conferees on HR 2, legislation extending federal surface transportation programs, have now reached tentative agreement on federal regulation of billboards. Initially, conferees agreed to the House language strengthening the current federal regulation of billboards. The agreement included a freeze on the total number of billboards along federal highways and limited the replacement billboard to the size of the one removed. It would also create a 2,500 foot buffer zone around national parks and historic areas and lift the cap on the amount of funds states could spend on billboard removal from federal highway funds. The LMC Board of Directors voted in January to support federal legislation to permit cities to exercise zoning authority to order removal of existing billboards and to repeal requirements that currently call for cities to make cash payments to billboard owners for removal. State courts have approved removal of billboards under local land use control ordinances, but the federal pre-emption in current federal law effectively prevents enforcement of such local policies by forcing cities to pay the billboard industry for the removal of such signs. It is very important for city officials to let their congressman and Senators Boschwitz and Durenberger know of their concern and to insist that city authority to regulate billboards be upheld. S-1 Summaries of bills DEVELOPMENT Allocation of Community Development Block Grants. H.F. 856 (Bishop, Reding, Segal, Kalis, Haukoos) (Health & Human Services) would require the allocation of Community Development Block Grant funds available through the Department of Jobs and Training to go only to community action agencies, Indian reservation governments, and the Minnesota migrant council. County funds for economic development. S.F. 697 (D.R. Frederickson, Beckman, Taylor, Chmielewski, Vickerman) (Economic Development & Housing) would authorize a county to appropriate $50,000 out of its general revenue fund or the amount raised by a tax of one mill on each dollar of assessed valuation in the county, whichever is more, for use in economic development in the county. The levy would not be subject to levy limits. Housing and redevelopment —interest reduction. S.F. 707 Pogemilier Economic Development & HousingT would authorize HRAs to make periodic or lump sum interest payments on certain bonds or private loans and would modify the interest reduction program agreement requirements. HRAs would receive the powers of an economic development authority and would be able to levy up to .75 mills without being subject to levy limits. Stud of government and business competition. S.F. 734 (Metzen, McQuaid, Marty, Novak, Wegscheid) (Commerce would establish a legislative commission to study the effect of state and local laws and regulations on the competitive environment of small businesses in the state. ELECTIONS Re ulatin lobbyist and candidate activities. S.F. 604 (Berg, Merriam, Renneke, Brandl, Larson) (Elections and Ethics) would not allow a registered lobbyist to make contributions to a candidate for the state Legislature or to a candidate's principal campaign committee during a regular or special session of the Legislature, nor could a candidate or the candidate's principal campaign committee solicit a lobbyist for a contribution during the session. Violators would be subject to a civil fine of up to $500. ENVIRONMENT Local weed inspectors. H.F. 766 (McDonald, McPherson, Tunheim, Jennings) Agriculture) would require all local weed inspectors to be licensed commercial pesticide applicators. Local weed inspectors would be exempt from paying the license fees if the license were needed only to comply with this requirement. S-2 Metropolitan Waste Control Commission --rehabilitation of sewer systems. S.F. 702 Wegscheid Local & Urban would require the MWCC to establish separate accounts for all local governmental units to pay for inflow of water infiltration and to provide for reimbursing of local units for projects that prevent additional water infiltration. Waste Management Act amendments of 1987. S.F. 708 (Merriam) Environment & Natural Resources would exclude lead acid batteries and used oil from the definition of "mixed municipal solid waste." The bill would prohibit disposal of lead acid batteries or used oil in a landfill after Jan. 1, 1988. Under the amendments, the waste management board could make grants to people seeking to develop or operate specific facilities or services to manage industrial waste generated in the state. The board would need to establish programs for public education on waste management, and prepare and adopt a report on solid waste management to present to the Legislative Commission on Waste Management every two years. The bill would require the board to assist and encourage the development of facilities and services in the state to handle recyclable materials. The board would organize a program of organized collection of solid waste with local units of government, who would have the authority to organize the collection of solid waste as a municipal service or by ordinance, franchise, license, negotiated or bidded contract. A county would be able to require a city or town to organize collection of solid waste including the separation collection and separate of recyclable materials and require the meeting of any performance standards for source separation that are contained in the county solid waste plan. The county would have the authority to take over the city's or town's organized collection program if the county determined that the program was not being run adequately. The PCA would establish a household hazardous waste management program that would create collection sites and provide information regarding management of household hazardous wastes. By December 1, 1988 each county would need to submit for council approval a local recycling implementation strategy. A grant program would help local units establish recycling programs. The bill would establish a waste pesticide collection program to collect and dispose of waste pesticides, to educate and inform the public regarding proper waste pesticide management, and to determine the current waste pesticide management methods. Location of solid waste disposal facilities. S.F. 768 (Laidig) Environment & Natural Resources would prohibit the location of mixed municipal solid waste disposal facilities in metropolitan reg . onal parks. S-3 Minnesota board of water and soil resources. S.F. 776 (DeCramer, Wiliet, Novak, Merriam) (Environment & Natural Resources) would create a separate state agency which would have the powers -of the former state soil and water conservation board. The board would adopt model ordinances and rules that local governmental units could use. The bill would implement the Reinvest in Minnesota resources act (RIM) for the department of agriculture. In addition to the powers of the former state soil and water conservation board the new board would coordinate soil and water resource planning; facilitate communication and coordination among state and local agencies as it relates to water and soil resource management; develop information and education programs; and provide a forum for the discussion of local issues and opportunities relating to water and soil resources management. FINANCE AND REVENUE Commercial/industrial assessment. H.F. 622 (K. Nelson, Dempsey) Taxes would raise the C I value qualifying for lower assessment rate to $100,000 (presently $60,000) and would delete the clause allowing only one property per person to qualify for this 28 percent assessment. Companion bill: S.F. 584. Homestead valuations for persons 60 or older. H.F. 723 (Olsen, Jacobs, Ostoff, Tjornhom, Dempsey) (Taxes would create a separate assessment for homesteads of persons 60 years or older to the lesser of: 1) the assessor's estimated market value, or 2) the market value obtained by applying the statewide average level of assessment for residential property. People would have to apply for eligibility by March 1 of the levy year for taxes in the succeeding year and thereafter. Effective for taxes levied in 1987 and thereafter. Small business property tax credit. H.F.786 (Lasley, Kinkel, Rukavina, Steensma, Winter) ((Taxes) would create a credit (an annual appropriation from the general fund) of 20 percent of the taxes imposed on the first $60,000 of market value that currently qualifies for the 28 percent assessment ratio. Effective for taxes levied in 1987, payable in 1988 and thereafter. Commercial/industrial valuation within taconite tax relief areas. S.F. 596 D.J. Johnson, Dicklich) Taxes and Tax Laws would allocate 40 percent of increased assessed value of C/I property among municipalities in taconite relief areas. The bill would allocate this portion as an area -wide tax base and apply an area -wide tax rate. This proposal resembles the Metropolitan Fiscal Disparities program of tax base sharing. Local government aid distribution. S.F. 713 (Diessner, Stumpf) Taxes and Tax Laws modifies the current distribution formula. One-half of the annually appropriated aid amount would be distributed through an (unspecified) dollar amount per capita S-4 formula, and the other half using an (unspecified) dollar amount per capita times the state average equalized assessed value per capita divided by the city's equalized assessed value per capita. These dollar values (used with the population figure) would be determined annually so that one-half of the distribution is through the first formula and one-half through the second formula. It requires that cities of the first class receive a $40 per capita allocation before distribution to all cities, including cities of the first class. Aid would be grandfathered, with these increased costs over the formula amount proportionally subtracted from the distribution to other cities and towns. A city could not receive more than 80 percent of its potential distribution increase in any one year. Effective for local government aid distributions in 1988 and thereafter. Special assessments --sound barriers. S.F. 748 (Freeman, Belanger) Local & Urban would authorize the levy of special assessments for the construction and maintenance of highway sound barriers. (See p. 8 for more Finance and Revenue bills.) GENERAL GOVERNMENT Regional development commissions --count withdrawal. H.F. 749 _ Lieder, V. Johnson, Pelowski Local & Urban Affairs) would allow a county to withdraw from a regional development commission. Data privacy --criminal histor records. H.F. 783 (Vellenga, Welle, Greenfield, Forsythe, Gruenes) (Judiciary) would authorize the bureau of criminal apprehension to disclose information to an employer about a person who applies for employment or volunteers for a position in which the person would have supervisory or disciplinary power over a minor. Minnesota housing finance agency --grants to municipalities. H.F. 7 9 Pappas, Otis, Jaros, Jefferson) (Economic Development & Housing) would authorize the Minnesota Housing Finance Agency to make grants to statutory or home rule charter cities, joint power boards, or housing and redevelopment authorities to provide rental housing for very low income persons. Open meeting law --notice. H.F. 793 (Rukavina, Knickerbocker, Norton, Kludt, Trimble) (Governmental Operations) would require a governmental entity to give public notice as follows: 1) Written public notice of the date, time, and place of all regular meetings at the beginning of each calendar year would have to be published in the legal newspaper and in a qualified newspaper of general circulation. A copy of the notice would also have to be posted in the principal office of the governing body, at the place where the meetings are held and at three places within the governmental unit. S-5 2) Notice of rescheduled, special, and closed meetings would have to be published in the legal newspaper and a qualified newspaper of general circulation at least 72 hours before the meeting, stating the agenda, date, time, and place of the meeting. Posted notice would also have to be given and a copy of the public notice would have to be delivered to each person requesting a written notice three days before the meeting. 3) If an emergency occurs making it impossible to comply with the notice above, the public body would be required to notify by telephone, or by the same method used to notify members of the public body, each newspaper, wire service, television station, or other news medium that has requested they be notified. A transcript or tape recording of the meeting would be required and must be made available to the public. Penalties for violating the open meeting law would increase to not less than $100 nor more than $500 for each violation and a successful plaintiff would be entitled to costs and attorney's fees. A public body would receive costs and attorney's fees if the court determined the action was brought to harass or delay, or in bad faith. A court could invalidate an action taken by a public body in violation of the open meeting law if a suit is brought within 30 days for issuance of indebtedness or 60 days for other actions. Payment of recording and filing fees. H.F. 860 (Schreiber) Governmental Operations would eliminate the requirement that governmental units pay recording or filing fees. Administrative procedure act. S.F. 704 (Wegscheid, Marty, Jude, Taylor, D. Moe) (Governmental Operations) would reform the rulemaking process by requiring a 30-day notice of intent to adopt rules and regulatory analysis of proposed rules if necessary. Annexation --tax adjustments. S.F. 725 (Frederick) (Local & Urban) would remove the two-year minimum for implementing tax adjustments for an area a city annexes. METROPOLITAN GOVERNMENT Aircraft noise ordinances. H.F. 755 (Seaberg, Osthoff, Miibert) Metropolitan Affairs would establish the metropolitan area aircraft noise attenuation act and would authorize municipalities within the aircraft noise zones to adopt and enforce ordinances regulating building construction methods and materials for the purpose of attenuating aircraft noise. Regional recreation open space lands. H.F. 826 (D. Nelson, Osthoff, Voss, Stanius, Larsen) Metropolitan Affairs) would authorize the issuance of state bonds and appropriate $31,000,000 from the state building fund to the Metropolitan Council for use by 5-6 local governmental units to acquire and improve regional recreation open space lands. PENSIONS & RETIREMENT Public employee retirement benefits. H.F. 718 (Solberg, Knickerbocker, Rukavina, Reding, Dauner) (Governmental Operations) would exclude contributions or benefits of a public pension fund from the determination of the terms and conditions of employment and would allow severance pay as compensation for accumulated sick leave to exceed one year's pay. Canby community hos ital--PERA contribution refund. H.F. 769 (G. Anderson) (Governmental Operations would allow the employees of the Canby community hospital to elect to be paid a refund of the accumulated employee and employer contributions to PERA, plus interest at six percent per annum. Age 62 normal retirement. S.F. 489 (D. Moe, Wegscheid, Pogemiiler) Governmental Operations) would eliminate the rule of 90 and current reduced early retirement reduction factor and would substitute an age 62 normal retirement age. The bill would also raise the current formula benefit during the first 10 years of employment under the coordinated plan to 1-1/2 percent per year, granting each vested coordinated employee an immediate five percent benefit increase. Payment of supplemental medical coverage. S.F. 696 (Wegscheid, Renneke) (Governmental Operations would appropriate sufficient funds to cover the costs of Medicare Plan B supplemental medical insurance for fiscal years 1988 and 1989. PERSONNEL Unemployment compensation. H.F. 715 (Riveness, Murphy, Begich, Norton, Vanasek) (Labor -Management Relations) would establish a wage detail system for reporting employee wages and for computing benefits. Severance pay limit exceptions. H.F. 868 (Gruenes, Marsh, Solberg) Local & Urban would modify the limits on severance payments made under personnel policies formally adopted prior to Aug. 1, 1986 and would require compliance with the limits by Aug. 1, 1988 for all governmental employees. Regulation of employee terminations. S.F. 701 (Wegscheid, Freeman) Employment would prohibit an employer in the state of Minnesota from discharging, disciplining, threatening, penalizing or otherwise discriminating against an employee because: 1) the employee reports a violation or suspected violation of any federal or state law; 2) the employee is requested by a public body or office to participate in an investigation, hearing, or inquiry; or S-7 3) the employee refuses to participate in any activity that the employee, in good faith, believes violates any state or federal law. PUBLIC SAFETY Local emergency telephone service. S.F. 783 (Solon, Dicklich, Gustafson) (Public Utilities & Energy) would require automatic location identification for a public safety answering point that has 50,000 or more telephones in its service area. The emergency telephone service fee would increase by four cents per month for each customer access line served by a public safety answering point that provides automatic identification location. Child abuse reports. H.F. 806 (Veilenga, Dauner, Kelso, Gruenes, Jefferson) (Judiciary) would require a written report about child abuse within 72 hours of the notice of child abuse. If the report alleges criminal violations the local law enforcement agency would need to investigate the report jointly with the local welfare agency. SPECIAL LEGISLATION Town of Oak Grove --wastewater treatment project. S.F. 687 (Dahl) Local & Urban would appropriate money from the general fund to the town of Oak Grove for the construction of a wastewater treatment facility. Cannon Falls --port authority. S.F. 765 (Mehrkens) (Economic Development & Housing) would grant the city of Cannon Falls the authority to exercise the powers of a port authority and a housing and redevelopment authority within its jurisdiction. Roseville --port authority. S.F. 796 (Marty, Hughes) (Economic Development & Housing) would expand the powers of the Roseville port authority and would allow the city to exercise the powers of a port authority. TRANSPORTATION Deposit of motor vehicle excise tax. H.F. 739 (V. Johnson, Lieder, D. Carlson) (Transportation would extend the requirement that 18.75 percent of the proceeds collected must be credited to the highway user fund from June 30, 1986 to July 1, 1987 and would require the commissioner of finance to transfer the funds on or before June 30, 1987. Regulation of bicycles. S.F. 774 (Metzen, Wegscheid, Schmitz, Knutson, Purfeerst) ((Transportation) would give any governmental unit the authority to designate bikeways by resolution or ordinance and would require a governmental unit to use signs in conformance with uniform traffic control devices if the governmental unit decides to erect signs on bike paths within its jurisdiction. When a bicycle is traveling on a shoulder of a roadway it would-be required to travel in the same direction as adjacent vehicular traffic. FINANCE AND REVENUE Sales tax changes. S.F. 723 (Diessner) (Taxes & Tax Laws) would impose the six percent sales tax only on new clothing and provide a special income tax credit intended to offset the regressivity of this sales tax. The bill would also extend the definition of capital equipment (for sales tax purposes) to include replacement equipment. The sales tax rate on capital equipment would be changed from four percent to three percent on new capital equipment and to 4.5 percent on replacement capital equipment for sales occurring between July 31, 1987 and August 1, 1988. These sales tax rates would be phased down to one percent on new equipment and 1.5 percent on replacement equipment for sales occurring between July 31, 1989 and August 1, 1990, and thereafter sales of capital equipment to be exempt from the sales tax. PropertX tax reforms . H.F. 847 (Ogren, Neuenschwander, Schoenfeld, Brown) (Taxes proposes four changes in the property tax system: 1) Tax Base Equalization Credit for Municipal Services -- Taxpayers living in cities which have an adjusted assessed value (AAV) per capita that is less than the statewide AAV per capita for cities would receive an equalization credit based on the following formula: City Equalization Credit per capita = 15 mills (or the local equalized mill rate for city services if less than 15 mills) times (State Average AAV per capita minus City AAV per capita) This formula channels state money to taxpayers living in those cities with per -capita AAV less than the statewide average for cities. It would cost the state an additional $56 million per year. Cities with per -capita AAV above the statewide average (which is $7,225) would receive no credit. The formula equalizes only the first 15 mills of municipal levy. Levies in excess of 15 mills would not receive any equalization credit. The equalization credit would appear on property taxpayers' tax bills and be distributed to all properties within the city proportional to the assessed value of each property. This credit would be identified as a "city equalization credit" on tax statements. 2) Property Tax Credit for Small Business --The proposal would provide a refund on the taxes for the first $100,000 of commercial/industrial property (presently assessed at 28 percent S-9 for the first $60,000 and 43 percent over that) equal to 50 percent of the net property taxes that exceed an effective rate of two percent. (Effective tax rate = net property taxes divided by the estimated market value). If the yearly appropriation is not sufficient to refund the full 50 percent, the credit percentage would be reduced. Claims filed should be paid between September 15 and September 30. Interest would be added to the credit if it was returned to the taxpayer after September 30. The estimated cost of the program is $25 million. 3) Distressed Region Industrial Credit --This proposal would allow single property to receive the lesser of: a refund equal to 50 percent of the amount by which their net property tax rate exceeds an effective rate of three percent, or a credit of $20,000. The property would have to be located in a region that has an unemployment rate equal to or greater than the "annual seasonally adjusted employment rate." The Department of Jobs and Training wouid designate distressed regions by March 1 of each year. A region designated as industrially distressed retains that designation until its unemployment rate falls below the average state unemployment average for three consecutive years. The county auditor would need to notify all industrial property owners that they may be eligible for the refund. The same payment schedule as for the Tax Credit for Small Business, as well as interest, would also be necessary for late credits. The bill doesn't specify an appropriation for the program. If the appropriation is not sufficient to cover the program all refunds would decrease proportionally. An industrial property owner would have to chose whether to receive either the Small Business Credit or the Distressed Region Industrial Credit. 4) EARC Valuation Adjustment for Agricultural Land --For taxes payable 1988 and 1989, adjusted assessed valuation of agricultural land would decrease by 25 percent. A credit would be calculated for school districts using a basic maintenance mill rate times the 25 percent of the value that is withdrawn. This credit would be applied before the state school agricultural credit. This proposal attempts to adjust for the lag in the school aid calculations between changes in the tax assessments used in the formula and the actual market conditions. This 25 percent valuation reduction would be in effect for payable 1988 and 1989 only. With the decline in the value of agricultural lands, the EARC mill rate would increase and non-agricultural lands would bear the burden of this devaluation. The Coalition of Outstate Cities is supporting this bill. Minnesota Pollution Control Agency Vao March 13, 1987 To All Concerned Parties: Enclosed for your information is a copy of the Minnesota Pollution Control Agency (MPCA) Board item which will be presented this month at the MPCA Board Meeting. Also enclosed is a copy of the agenda for the meeting. On this you will note the date for the meeting and the scheduled time for the presentation of the board item. If you have any questions, please call me at 612/296-7784. Sincerely, Gordon E. Wegwart r. Chief, Hazardous Waste Section Solid and Hazardous Waste Division GEW:njd Attachments (2) Phone:_ _ 520 Lafayette Road North, St. Paul, Minnesota 55155 Regional Offices • Duluth/Brainerd/Detroit Lakes/MarshalURochester Equal Opportunity Employer FINAL - March 13, 1987 MINNESOTA POLLUTION CONTROL AGENCY BOARD MEETING MARCH 24, 1987 I. GENERAL 9:00 a.m. 1. Call to Order 2. Agenda Review and Adoption 3. Approval of Minutes of February 24, 1987 meeting 4. Executive Director's Report 5. Airport Noise Report 6. Legal Report 7. Report of Landfill Policy Discussion meeting held February 24 8. Report of the Legislative Committee meeting held February 24 9. Report of Rules Committee meeting held March 23 10. Report of Joint meeting of Air Quality and Solid & Hazardous Waste Committees held March 23 11. Report of Air Quality Committee meeting held March 23 12. Report of Long Range Study and Review Committee meeting held March 23 13. Report of the Nuclear Waste Committee meeting held March 23 14. Items by Agency Board Members II. APPEARANCE & OTHER SPECIAL DISCUSSION ITEMS 10:30 a.m. 15. APPEARANCE - Solid & Hazardous Waste Division Request for Authorization to Update the Minnesota Environmental Response and Liability Act Project List of Hazardous Waste Sites for Calendar Year 1987 10:50 a.m. 16. APPEARANCE - Solid & Hazardous Waste Division Request for Issuance of a Request for Response Action to the Nutting Company Regarding Ground Water Contamination At and Around the Nutting Truck and Caster Hazardous Waste Site, Faribault, Rice County 11:10 a.m. 17. APPEARANCE - Solid & Hazardous Waste Division Request for Approval of the Soil Lead Report to the Minnesota State Legislature -2- 12:00 p.m. --- LUNCH --- 1:30 p.m. 18. APPEARANCE - Water Quality Division Approval of Finding of No Prudent and Feasible Alternative to a New Discharge to Lake Superior and Issuance of an NPDES Permit to Wintertree Corporation for the Proposed Terrace Point Development, Cook County 2:00 p.m. 19. APPEARANCE - Air Quality Division Request for Approval to Issue Permit Amendments for Six (6) Northern States Power Company Generating Plants to Incinerate Nonhazardous Waste III. WATER QUALITY DIVISION 20. Request for Approval of a Stipulation Agreement with the City of Fergus Falls 21. Request for Approval of a Stipulation Agreement with the City of Murdock 22. Request for Approval of a Stipulation Agreement with the City of Vesta 23. Request for Authorization to Modify NPDES/SDS Permits for the Minneapolis and St. Paul Combined Sewer Overflow (CSO) Discharges 24. Request for Approval of a Stipulation Agreement with the City of Motley 25. Request for Approval of an Amendment to the Fiscal Year 1987 Municipal Project List to Include the City of Motley as a Department of Energy and Economic Development Set -Aside Project IV. SOLID & HAZARDOUS WASTE DIVISION 26. Request for Authorization to Expend Superfund Monies for Additional Remedial Investigation Work at the MacGillis and Gibbs Company Site, New Brighton, Ramsey County 27. Request for Authorization to Adopt Amendments to Minn. Rules pts. 7046.0030 - 7046.0070 Governing the Collection of Fees from Hazardous Waste Generators 28. Request for Approval of a Stipulation Agreement Resolving Noncompliance with Hazardous Waste Rules with Hordis Brothers, Inc., Albertville, Wright County 29. Request for Approval of a Stipulation Agreement Resolving Noncompliance with Hazardous Waste Rules with Traffic Marking Service, Inc., Buffalo, Wright County -3- 30. Request for Approval of the Metropolitan Council's Determination that a New Sludge Ash Disposal Facility for the Metropolitan Waste Control Commission Is Not Needed V. AIR QUALITY DIVISION 31. Request for Approval of a Stipulation Agreement Resolving Noncompliance with Minnesota Pollution Control Agency Air Quality Emission and Permit Rules with Ulland Brothers, Inc., in Austin 32. Report on the Completion of the Red Wing Municipal Solid Waste Incineration Evaluation Study VI. FUTURE SCHEDULED MEETINGS REGULAR BOARD MEETING Date: Tuesday, April 28, 1987 Time: 9:00 a.m. Place: Agency's offices located at 520 Lafayette Road, St. Paul, Minnesota INFORMATION ITEMS WQ-I Metropolitan Plant Sanitary Sewer Extensions and Status Report for February 1987 AGENDA ITEMS NOT INDICATED APPEARANCE ON THE AGENDA MAY BE CONSIDERED AT ANYTIME DURING THE MEETING. IF YOU WISH TO BE HEARD, OR WISH TO LISTEN TO DISCUSSION ON A NON-APPEARANCE ITEM, PLEASE PHONE THE AGENCY NUMBER SHOWN BELOW NO LATER THAN THREE (3) DAYS PRIOR TO THE MEETING DATE. 612/296-7306 PLEASE NOTE: ALL MEETINGS OF THE MINNESOTA POLLUTION CONTROL AGENCY BOARD AND ITS COMMITTEES UNLESS OTHERWISE NOTED WILL BE HELD IN THE BOARD ROOM OF THE AGENCY'S OFFICES LOCATED AT 520 LAFAYETTE ROAD IN ST. PAUL, MINNESOTA. THE BOARD ROOM IS LOCATED ON THE LOWER LEVEL OF THE BUILDING. (See page 4 for schedule of Committee meetings.) -4- COMMITTEE MEETINGS Monday, March 23, 1987 9:00 a.m. - The Rules Committee of the Board will meet to discuss Water 10:30 a.m. Quality Standards Revisions. 10:30 a.m. - The Joint Air Quality and Solid and Hazardous Waste Committee 11:30 a.m. of the Board will meet to discuss the results of the LCMR funded study at the City of Red Wing's municipal solid waste incinerator, and what these results mean to other currently permitted incinerators. 11:30 a.m. - The Air Quality Committee of the Board will meet to discuss 12:00 p.m. State Implementation Plan revisions involving the Pine Bend Area and Ashland Petroleum Co. 1:00 P.M. - The Long Range Study and Review Committee of the Board will meet 2:30 p.m. to discuss and prepare the agenda for the committee and Mr. Robert Dunn, Chairman of the Environmental Quality Board's Long Range Planning Committee will be making a presentation of the results of the Environmental Quality Board's Environmental Congress held in December of 1986. 2:30 p.m. - The Nuclear Waste Committee of the Board will meet to discuss the 4:00 p.m. current status of the Mi west Low Level Radioactive Waste Compact Commission's host state selection process and to be briefed by NSP on the current status of a proposed demonstration project for spent fuel rod consolidation at its Prairie Island Station. MINNESOTA POLLUTION CONTROL AGENCY Solid and Hazardous Waste Division \ Agenda V� Item Control Sheet Agenda # MEETING DATE: March 24, 1987 APPEARANCE REQUESTED - YES: NO: X SCHEDULED TIME: PREPARED BY: Jeff Golden ZOm 4 DATE MAILED: March 13, 1987 SUBJECT: Request for Approval of a Stipulation Agreement Resolving -Noncompliance with Hazardous Waste Rules with Hordis Brothers, Inc., Albertvllle, Wright County LOCATION: Albertville Wright CITY COUNTY TYPE OF ACTION: eP�t Stipulation —� Contract Policy Information Consent Order Negative Declaration RECOMMENDED ACTION � ssuance Denial ISSUE STATEMENT: Request For Hearing Request for legal action Variance request Rulemaking Administrative order New Modification Extension Revocation Other Request for Response Action Compliance Agreement Approval X No action needed Authorization The Minnesota Pollution Control Agency (MPCA) staff recommends that a proposed Stipulation Agreement (Agreement) with Hordis Brothers, Inc. (Company) be approved by the MPCA Board. The Agreement resolves the Company's alleged noncompliance with the Minnesota hazardous waste rules. The Agreement sets forth a compliance schedule which requires the Company to develop and submit to the Agency Director for review and approval a hazardous waste management plan. The Agreement also requires the Company to pay a monetary penalty of $15,000 to the Environmental Response, Compensation and Compliance Fund for alleged noncompliance. The Agreement also contains provisions for stipulated penalties to ensure that the Company complies with the scheduled activities contained within the Agreement. ATTACHMENTS: 1. Stipulation Agreement 2. Location Ma KP 4. MINNESOTA POLLUTION CONTROL AGENCY Solid and Hazardous Waste Division Hazardous Waste Section Request for Approval of a Stipulation Agreement Resolving Noncompliance with Hazardous Waste Rules with Hordis Brothers, Inc., Albertville, Wright County ISSUE STATEMENT The Minnesota Pollution Control Agency (MPCA) staff recommends that a proposed Stipulation Agreement (Agreement) with Hordis Brothers, Inc. (Company) be approved by the MPCA Board. The Agreement resolves the Company's alleged noncompliance with the Minnesota hazardous waste rules. The Agreement sets forth a compliance schedule which requires the Company to develop and submit to the Agency Director for review and approval a hazardous waste management plan. The Agreement also requires the Company to pay a monetary penalty of $15,000 to the Environmental Response, Compensation and Compliance Fund for alleged noncompliance. The Agreement also contains provisions for stipulated penalties to ensure that the Company complies with the scheduled activities contained within the Agreement. I. Background: Hordis Brothers, Inc. (Company) owns and operates a facility in Albertville, Minnesota, which manufactures sealed glass insulated windows. The manufacturing process generates hazardous waste in the form of a 1,1,1-trichloroethane solvent/sealant mixture (solvent waste). The 1,1,1-trichloroethane is listed under Minn. Rules pt. 7045.0135 (Supp. 1986) as a hazardous waste due to its toxicity. On March 7, 1986, the Minnesota Pollution Control Agency (MPCA) received a complaint alleging the Company had been improperly disposing of its solvent wastes into a roll -off dumpster which was used for the removal of the Company's solid waste. On July 28, 1986, MPCA staff conducted a complaint investigation and hazardous waste inspection of the Company. Although no evidence was found to support the complaint allegations, the Company was found to be in violation of a number of hazardous waste rules. Specifically, the Company failed to: (1) notify the U.S. Environmental Protection Agency (EPA) of its hazardous waste activities and had not obtained an EPA identification number; (2) have its -2- wastes analyzed for hazardous characteristics; (3) submit a disclosure to the MPCA; (4) properly close several stored barrels and buckets containing solvent waste; and (5) put hazardous waste labels or markings on any of these barrels or buckets. At the time of the July 28, 1986 inspection, the Company had a new solvent distillation unit (still) on -site and had accumulated approximately four (4) 55-gallon barrels of solvent waste. On September 9, 1986, the MPCA sent the Company a Notice of Violation (NOV), for the violations observed at the July 28, 1986 inspection. The NOV required the Company to take a number of actions to resolve the violations. In addition, the NOV required the submittal of information regarding the Company's past hazardous waste management practices. On October 8, 1986, in response to the NOV, the Company sent a reply to the MPCA which indicated they had taken a number of actions to comply with the Minnesota hazardous waste rules. In addition, the Company indicated that in the past it had been putting its spent solvent waste into the plant's dumpster along with its solid waste. This submittal lacked requested information regarding past transporters and landfills used by the Company. Also, it lacked information regarding quantities of solvent waste improperly disposed of. On November 6, 1986, in response to an additional request by the MPCA staff, the Company sent a more detailed disclosure of its past hazardous waste management practices. This submittal included transporter and landfill information, in addition to copies of purchase orders for the still and all hazardous materials purchased since the Company began operations. The purchase orders indicated that the Company was using approximately four (4) 55-gallon barrels of 1,1,1-trichloroethane per month in its sealant pump line purging process since it began operation on June 13, 1984. The still was purchased and -3- made operational sometime in June, 1986. The MPCA staff now concluded that the amount of stored solvent wastes observed at the July 28, 1986 inspection, represented far less than would be expected, had the Company stored its solvent waste for the previous two years of its operation. Therefore, based upon the information provided by the Company to date, it is evident that the Company has improperly disposed of its hazardous wastes. Based upon this estimate of solvent usage and the quantity of solvent wastes on -site during the initial investigation, the MPCA staff have classified the Company as a small quantity generator. To date the Company has fulfilled most of the requirements set forth in the NOV, except for having its wastes analyzed for hazardous characteristics and submitting this evaluation along with a disclosure to the MPCA. These items have not been completed, because the contractor hired by the Company required the Company to have an EPA identification number before they would perform the analysis. Although the Company applied for an EPA identification number in September, 1986, they were not issued a number until January, 1987. II. Discussion: A draft Stipulation Agreement (Agreement) was sent to the Company on Janaury 27, 1987. Subsequent negotiations resulted in the attached Agreement. The major components of the Agreement negotiated with the Company include: A. Submittal of a hazardous waste management plan to the MPCA Director for review and approval. B. Implementation of the hazardous waste management plan within ten (10) working days after approval by the MPCA Director. C. Payment of a $15,000 civil penalty into the Environmental Response, Compensation and Compliance Fund of the State of Minnesota. D. Payment of $200 for each day the Company fails to comply with the time schedules contained in paragraph II.A. of the Agreement. -4- III. Conclusion: The MPCA staff believes the Agreement represents a reasonable settlement of the Company's alleged noncompliance. The MPCA staff is anticipating that the Company will sign and return the Agreement prior to the MPCA Board meeting date. The Agreement's requirement for the submittal of a hazardous waste management plan will resolve the Company's present noncompliance with the Minnesota hazardous waste rules. The payment of a $15,000 penalty will address the Company's past noncompliance. In addition, the Stipulated Civil Penalties for violation of paragraph II.A. of this Agreement will help ensure that the Company continues to comply with the State hazardous waste rules in the future. This Agreement does not release the Company from liability for clean-up activities at facilities which received waste from the Company. IV. Recommendation: The MPCA staff recommends that the MPCA Board authorize approval of the attached Agreement with the Company by adopting the suggested staff resolution. Suggested Staff Resolution BE IT RESOLVED, that the Minnesota Pollution Control Agency (Agency) hereby approves and adopts the attached Stipulation Agreement between the Agency and Hordis Brothers, Inc. concerning the resolution of alleged noncompliance with the Minnesota hazardous waste rules and payment to the State Environmental Response, Compensation and Compliance Fund. BE IT FURTHER RESOLVED, that in approving and adopting the Stipulation Agreement the Agency adopts the factual determination and reasons set forth in the Agency staff's memorandum dated March 24, 1987, which accompanied the I , staff's recommendation to the Agency. BE IT FURTHER RESOLVED, that the Chairman and Executive Director are hereby authorized to execute the Stipulation Agreement on behalf of the Minnesota Pollution Control Agency. ATTACHMENT 1 March 13, 1987 STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY In the Matter of the Alleged Violation SOLID AND HAZARDOUS WASTE DIVISION of Minnesota Hazardous Waste Rules by STIPULATION AGREEMENT Hordis Brothers, Inc. Albertville, Minnesota I. RECITALS A. Parties. The parties to this Agreement are the Minnesota Pollution Control Agency, hereinafter the "Agency," and Hordis Brothers, Incorporated, hereinafter the "Company." B. Company Operation. The Company owns and operates a facility which manufactures, among other things, sealed glass insulating units, hereinafter the "Facility," located in Albertville, Minnesota. The business of the Facility is seasonal; at its high point, the Facility employs approximately 135 people. C. Agency Authority. The Agency is a statutory agency of the State of Minnesota charged with overall powers and duties to administer and enforce all laws, statutes, standards, rules, and stipulation agreements relating to the prevention, control, or abatement of water, air, noise, and land pollution and to the generation, management, collection, treatment, transportation, storage, and disposal of solid and hazardous waste in the State. This authority is specifi- cally described in Minnesota Statutes Chapters 115 and 116 (1986). D. Rules. The Agency, after legal notice and hearing thereon, has adopted and has filed in the Office of the Secretary of State, rules that have the force and effect of law and general application throughout the State of Minnesota. E. Statement of the Company. In executing this Agreement, the Company is settling a disputed matter between itself and the Agency and does not admit liability for any of the alleged violations which are the subject of this -2- Agreement, and enters into this Agreement solely to avoid time consuming and costly litigation. For the purposes of this Agreement, however, the Company does specifically commit to undertake the actions set forth in this Agreement. For any purpose other than enforcement of this Agreement, the Company retains the right to challenge any factual or legal determination made by the Agency and to raise any available defense to liability for the violations alleged herein, including the defense that the violations did not in fact occur. F. Statement of Allegations. The following constitutes a summary of the allegations upon which this Stipulation Agreement is based. None of the allegations related herein shall be considered admissions by any party with respect to any claim made by any person. In the event the Agency deems it appropriate to undertake measures to enforce the requirements of this Agreement, the Company waives its right to contest the factual basis of this Agreement at such enforcement proceedings. 1. The Company began operations at its Albertville facility on June 13, 1984. The Facility manufactures sealed glass insulating units and in the process generates a 1,1,1-trichloroethane solvent/sealant waste, hereinafter "solvent waste". The 1,1,1-trichloroethane is listed under Minn. Rules, pt. 7045.0135 (Supp. 1986) as a hazardous waste due to its toxicity. 2. On March 7, 1986, the Agency received a complaint alleging that the Facility had been improperly disposing of its solvent wastes into a roll -off dumpster which was used for the removal of the Facility's solid waste. On July 28, 1986, MPCA staff conducted a complaint investigation and hazardous waste inspection of the Facility. Management at the Facility immediately con- sented to the complaint investigation and hazardous waste inspection and cooperated with the Agency in all aspects of this inspection. The Facility -3- representative stated that he had no knowledge of the allegations relating to the improper disposal of hazardous wastes. Although no evidence was found to support the complaint allegations, the Facility was found to be in violation of a number of State hazardous waste rules. Specifically, the Facility had failed to: a. Notify the U.S. Environmental Protection Agency (EPA) of its hazardous waste activities and had not obtained an EPA identification number; b. Have its wastes analyzed for hazardous characteristics; C. Submit a disclosure to the Agency; d. Properly close several stored barrels and buckets containing 1,1,1-trichloroethane waste; and e. Put hazardous waste labels or markings on any of these barrels or buckets. (See Section G infra.) 3. In response to additional information supplied by the complainant, Agency staff conducted a subsequent investigation of the Facility on August 5, 1986. The complainant referred to in paragraph 2 alleged that prior to having disposed of its solvent wastes into a roll -off dumpster on their property, the Facility had been disposing of its solvent waste into a drainage ditch located north and east of the Facility's building. Voluntary approval was given by management of the Facility to allow Agency staff to monitor a number of areas along the drainage ditch. Agency staff found no detectable levels of volatile organics. Therefore, the Agency inspection on August 5, 1986 found no evidence to support the complainant's allegation. 4. The Facility ordered a distillation unit on June 6, 1986 prior to the first inspection by the Agency and before having been informed by the -4- Agency of the complainant's allegation. This unit was made operational shortly thereafter. Since that time, the Facility has been recycling its solvent waste and is currently generating hazardous waste in the form of still bottoms. As a result of utilizing the still, the Facility anticipates significant solvent recovery. Still bottoms will be hauled by a licensed and permitted hazardous waste transporter and disposed of by a licensed and permitted hazardous waste facility. 5. On September 9, 1986, the Agency sent the Facility a Notice of Violation (NOV), informing it of violations which had been identified at the July 28, 1986 complaint investigation and inspection. The NOV advised the Facility that it: a. Had been improperly managing its hazardous waste; and b. Had violated several State hazardous waste rules. The NOV required the Facility to undertake a number of actions to resolve the violations. The NOV also required the submittal of information regarding past hazardous waste management practices. 6. On October 8, 1986, in response to the NOV, the Facility sent a reply to the Agency which indicated the actions the Facility had taken to comply with the Minnesota hazardous waste rules. The Facility also indicated that it had taken a number of actions to comply with the NOV. Specifically, the Facility had applied for an EPA identification number; hired a contractor to evaluate its wastes for hazardous characteristics; and consolidated its wastes into U.S. Department of Transportation (DOT) approved drums that are kept pro- perly closed. In addition, the Facility had marked the words "Hazardous Waste" -5- and the accumulation start dates on its containers and submitted copies of Material Safety Data Sheets (MSDS) to the Agency for all products that are currently in use. The Facility also stated that it planned to implement a change in its horizontal glass insulating lines whereby sealant pump lines will be purged by using the base component of the sealant, as opposed to a solvent. The letter noted that when completed, this change will reduce the amount of solvent wastes generated. In its October 8, 1986 letter, the Facility also submitted information on its past hazardous waste management practices indicating that in the past it had been put its solvent waste into the plant's dumpster along with its solid waste. This submittal lacked detailed information regarding: a. Past transporters and landfills used by the Facility; and b. Quantities of solvent waste disposed of by the Facility. 7. On October 27, 1986, the Agency sent the Facility a letter requesting additional information regarding their past hazardous waste management practices. 8. On November 6, 1986, the Facility sent a response to the Agency which provided a more detailed disclosure of its past hazardous waste management practices. The Facility provided the Agency with copies of purchase orders for all hazardous materials purchased since it began operations. Upon a review of these purchase orders, the Agency made an estimate of solvent usage and has compared this estimate to the quantity of solvent wastes on -site during the initial investigation. Based upon this analysis the Agency has classified the 10 Facility as a small quantity generator. The Facility also submitted the names, telephone numbers and addresses of the transporter and landfill used by the Facility for its solid waste disposal. 9. On November 17, 1986, the Agency staff conducted a follow-up inspection at the Company's facility. Management of the Facility cooperated with the Agency in all aspects of this inspection. This inspection was conducted to verify that the actions taken by the Facility had been accomplished as was stated in correspondence from the Facility. 10. Based on the above, the Facility has fulfilled all of the require- ments set forth in the NOV, except for having its wastes analyzed for hazardous characteristics, and submitting this evaluation along with a disclosure to the Agency. 11. On January 10, 1987, the Agency was notified that the Facility had been issued an EPA identification number. G. Alleged Violations. The Agency alleges that the Facility has violated or caused to be violated the following Minnesota rules: that: 1. Minnesota Rules, pt. 7045.0290, subp. 1 (Supp. 1986) provides Improper hazardous waste management. No generator shall relinquish control of a hazardous waste when the generator has reason to believe that the hazardous waste is not being properly managed. The Agency alleges the Facility has improperly managed its hazardous wastes by disposing of these wastes into a solid waste dumpster, in violation of this rule. 2. Minnesota Rules, pt. 7060.0600, subps. 2 and 4 (Supp. 1986) provide that: -7- Subp. 2. Prohibition against discharge into unsaturated zone. No sewage, industrial waste, or other waste, or other pol- lutants shall be allowed to be discharged to the unsaturated zone or deposited in such place, manner, or quantity that the effluent or residue therefrom, upon reaching the water table, may actually or potentially preclude or limit the use of the underground waters as a potable water supply, nor shall any such discharge or deposit be allowed which may pollute the underground waters. All such possible sources of pollutants shall be monitored at the discharger's expense as directed by the agency. Subp. 4. Toxic pollutants. Toxic pollutants including, but not limited to, radioactive substances, chemicals, metals, solvents, petroleum products, plating wastes, and acids and bases, shall not be discharged or deposited in any manner such as to endanger the quality or uses of the underground waters. The Agency alleges that the Facility deposited hazardous waste, namely 1,1,1-trichloroethane along with their solid wastes into a sanitary landfill, in a manner constituting a violation of this rule. 3. Minnesota Rules, pt. 7045.0275, subps. 2 and 3 (Supp. 1986) provide that: Subp. 2. Spills; duty to report. Any person in control of a hazardous waste that spills, leaks, or otherwise escapes from a container, tank, or other containment system, including its associated piping, shall immediately notify the Agency if the hazardous waste may cause pollution of the air, land resources, or waters of the state. The person shall use the agency's 24-hour telephone number, 612/296-7373. Subp. 3. Spills; duty to recover. Any person who generates a hazardous waste that spills, leaks, or otherwise escapes from a container, tank, or other containment system, including its associated piping, shall recover the hazardous waste as rapidly and as thoroughly as possible and shall immediately take other action as may be reasonably possible to protect human life and health and minimize or abate pollution of the water, air, or land resources of the state. The Agency alleges the Facility failed to report to the Agency and recover its release of hazardous wastes, namely, 1,1,1-trichloroethane, to the ground, in violation of this rule. that: M. 4. Minnesota Rules, pt. 7045.0214, subp. 1 (Supp. 1986) provides Supb. 1. General requirements. Any person who produces a waste within the state of Minnesota or any person who produces a waste outside the state of Minnesota that is managed within the state of Minnesota, must evaluate the waste to determine if it is hazardous. Any waste evaluated and exempted under part 7045.0075 or 7045.0120 does not need to be reevaluated under this part. The Agency alleges the Facility failed to evaluate its waste streams for hazardous waste properties, in violation of this rule. 5. Minnesota Rules, pt. 7045.0221 (Supp. 1986) provides that: Prior to transportation, treatment, storage, or disposal of any hazardous waste a generator must obtain a generator identification number on forms provided by the director. The Agency alleges the Facility failed to obtain the required EPA identification number prior to storage and disposal of hazardous wastes, in violation of this rule. 6. Minnesota Rules, pt. 7045.0220 (Supp. 1986) provides that: Each generator shall prepare a disclosure for each hazardous waste that he produces or transports on the forms provided by the director. This disclosure must contain a management plan for each hazardous waste produced. The Agency alleges the Facility failed to prepare and submit a disclosure for each hazardous waste the Facility produces, in violation of this rule. 7. Minnesota Rules, pt. 7045.0261 (Supp. 1986) provides that: Manifest Document; General Requirements. Subpart 1. When required. A generator who transports or offers for transportation hazardous waste for off -site treatment, storage, or disposal must prepare a manifest before transporting the waste off -site. Generators shall use manifests in accordance with the requirements of items A to C and shall complete the manifest in accordance with the instructions on the manifest. in The Agency alleges the Facility failed to prepare a manifest before transporting hazardous waste off -site in a roll -off dumpster, in violation of this rule. that: 8. Minnesota Rules, pt. 7045.0292, subp. I.C. (Supp. 1986) provides Subpart 1. When allowed without a permit. A generator may accumulate hazardous waste on -site or hazardous waste received from off -site pursuant to part 7045.0219, subpart 5, item G, subitem (5) without a permit or without having interim status if: C. the date upon which each period of accumulation begins is clearly marked and visible for inspection on each container or the generator maintains a record of the accumulation starting date for each tank used for storage and the words "Hazardous Waste" are clearly labeled or marked and visible for inspection on each container or tank. The Agency alleges the Facility failed to properly mark or label its containers of hazardous waste, in violation of this rule. that: 9. Minnesota Rules, pt. 7045.0626, subp. 4., (Supp. 1986) provides Subp. 4. Management of containers. A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste. The Agency alleges the Facility failed to store closed its containers of hazardous waste at the time of the July 28, 1986 inspection, in violation of this rule. H. Purpose of Agreement. The purpose of this Agreement is to resolve the violations alleged in paragraph I.G. II. AGREEMENT NOW, THEREFORE, it is hereby agreed and stipulated as follows: -10- A. Company: Specific Requirements. 1. Submittal of a Hazardous Waste Management Plan. Within thirty (30) days after the effective date of this Agreement, the Company shall submit to the Agency Director a Hazardous Waste Management Plan (the "Plan") for the Facility. At a minimum, this plan shall address the following: a. Waste evaluation procedures in accordance with Minn. Rules, pt. 7045.0214 (Supp. 1986); b. Hazardous waste disclosure (management plan) for all wastes found to be hazardous; and C. Compliance with the following new federal EPA regulations concerning small quantity generators: 1) Accumulation limits; 2) Interim status container requirements; 3) Proper marking and dating of containers; 4) Preparedness and prevention requirements; and 5) Emergency response requirements. The State is currently in the process of revising its hazardous waste rules to comply with these new federal requirements. 2. Implementation of the Hazardous Waste Management Plan. The Agency Director shall review the Plan submitted by the Company. Within ten (10) days of the Agency Director's approval of the submittal the approved plan shall be implemented at the Facility. B. Company: General Requirements. 1. Access. Pursuant to Minn. Stat. §§ 115.04 and 116.091, the Company shall allow the Agency or any authorized member, employee or agent thereof, upon presentation of credentials, access at reasonable times to -11- the Company's property and facilities to obtain such information and documen- tation which is relevant to making a determination that the Company is in compliance with the terms of this Agreement. 2. Sampling and Data Availability. The Company shall make available to the Agency the results of sampling, tests or other data generated by the Company, or on its behalf, in implementing the requirements of this Agreement. 3. Stipulated Civil Penalties. a. Past Violations of Agency Rules. The Company shall pay into the Environmental Response, Compensation and Compliance Fund of the Treasury of the State of Minnesota the sum of Fifteen Thousand Dollars ($15,000) as a civil penalty associated with the allegations of past noncompliance with the rules cited in paragraph I.G. of this Agreement. b. Violations of this Agreement. In the event the Company violates a provision or provisions of this Agreement, the Company shall pay into the Environmental Response, Compensation and Compliance Fund of the Treasury of the State of Minnesota the sum of Two Hundred Dollars ($200) for each day that the Company fails to comply with the time schedules contained in paragraph II.A. of this Agreement. The Company shall not be liable for payment under this subparagraph if it has submitted to the Agency Director a timely request for an extension of time under paragraph II.D.6. and such request has been granted. Upon determination by the Agency Director that the Company has failed to make a submittal or to complete work in accordance with the required time schedule, the Agency Director shall give written notice to the Company of the failure specifying the provision of this Agreement which has not been complied with. Payments required by this subparagraph shall accrue from the date on which the submittal was to have been made or the work to have been -12- completed. Payments required by this subparagraph shall cease to accrue upon submission of the required submittal to the Agency Director or upon completion of the required work. The Company shall pay the required sum within thirty (30) days of receipt of notification from the Agency Director that payment is due. The Company retains the right to dispute the factual basis for the Agency Director's determination that a submittal has not been made or that work has not been completed in a timely fashion. However, the Company waives any rights it may have to challenge, on legal grounds, the requirements that it pay a penalty pursuant to this subparagraph. The Agency does not waive any of its rights to enforce this Agreement or to seek redress for violations of this Agreement. 4. Review of Submittals. The Agency Director shall review all sub- mittals made by the Company as required by Section II.A.I. of this Agreement and notify the Company in writing of the approval or disapproval of each submittal. The Agency and the Company shall provide the opportunity to consult with each other during the review of submittals or modifications. In the event that a submittal is approved it shall be considered a part of this Agreement and shall be implemented at the Facility as specified in the approved schedule. In the event that the submittal is disapproved in whole or in part, the Agency Director shall notify the Company of the specific inadequacies and shall indicate the necessary amendments or revisions. Within fifteen (15) calendar days of receipt of any notice of disapproval, the Company shall submit revisions to correct the inadequacies. The Company shall not be liable for payment under subparagraph II.B.3.b. during this fifteen (15) day time period. Upon approval by the Agency Director, the submittal shall be considered a part of the Agreement and shall be implemented at the Facility as specified in the approved schedule. -13- C. Agency. In consideration of the Company's performance of the terms, covenants, and agreements contained herein, the Agency agrees that for such period of time as the Company is in compliance with this Agreement it shall stand in lieu of any administrative, legal and equitable remedies available to the Agency regarding the alleged violation of Minnesota rules described in paragraph I.G. of this Agreement, except that nothing in this Agreement shall preclude the Agency from exercising any administrative, legal or equitable remedies available to it to require additional efforts by the Company in the event that the implementation of paragraph II.A. is insufficient to remedy any pollution or contamination or threat thereof resulting from the violations set forth in paragraph I.G. However, such additional efforts if necessary will be the subject of a different agreement or proceeding. The Company retains all of its rights to challenge any administrative, legal, or equitable remedies the Agency may seek against the Company at that time. D. General Conditions. The Agreements of the parties are subject to the following general conditions: 1. Remedies of the Parties. The terms of this Agreement shall be legally enforceable by either party in a court of competent jurisdiction and each of the parties retains the right to assert any legal, equitable, or administrative right of action or defense which may be available by law in order to implement or enforce the terms of this Agreement. 2. Liability and Obligation. Except as specifically set forth in paragraph II.C. of this Agreement, this Agreement shall not release the Company from any liability or obligation imposed by Minnesota statutes, rules, or local ordinances now in effect or which may be adopted in the future. -14- 3. Emergency Powers. Nothing in this Agreement shall prevent the Agency from exercising its emergency powers pursuant to Minnesota Statutes S 116.11 (1986) in the event conditions warranting action shall arise. 4. Successors. This Agreement shall be binding upon the Company, its successors and assigns, and upon the Agency, its successors and assigns. 5. Amendments. This Agreement may be amended at any time by written agreement of the parties. 6. Extension of Time. The Director shall grant extensions of time schedules stated herein in the event the Company demonstrates good cause to the Director for granting such extensions with the delays involved. Such extensions shall be commensurate 7. Effective Date. This Agreement shall be effective upon the date it is signed by the Director and Chairperson of the Agency Board. 8. Company Information. The Company shall not knowingly make any false statement, representation or certification in any record, report, plan or other document filed or required to be submitted to the Agency under this Agreement. The Company shall immediately report to the Agency any errors in such records, reports, plans or other documents upon discovery. 9. Termination. This Agreement and all provisions hereof shall ter- minate upon notification to the Company that the Agency Director has determined that the Plan referred to in paragraph II.A.1 has been satisfactorily completed and that the Plan has been put into effect at the Facility pursuant to Section II.A.2 hereof. -15- HORDIS BROTHERS, INC. MINNESOTA POLLUTION CONTROL AGENCY By By Duane A. Dahlberg, PhD. Chairman Dated: Dated: By Thomas J. Kalitowski Executive Director Dated: ATTACHMENT 2 —Aft/—ALL ►OLK MOAYAN A I CLAY E KO/EAL0 /ELTKAW TERTAM STO.fYLMKA' OT TO-000 —To.. K .06LE/ 11AC. A.T.Y LE l Au M�EII/VwME /T, LOWS '--. / 1 ONX LAKE Hordis Brothers, Inc. s AMENDMENT TO OPERATING AND AUTHORIZATION AGREEMENT "SURPLUS ACCOUNT" WHEREAS, Paragraph A of the Operating And Authorization Agreement dated December 13, 1977, requires that net revenues not needed to pay principal and interest on the bonds shall be credited to a surplus account and transferred to the City of Albertville for prepayment of principal and interest on the general obligation bonds; and WHEREAS, the parties hereto have determined that the construction of a new well is needed to maintain the system and facilities in good operating condition; and WHEREAS, the cost of the new well will be approximately $100,000.00; and WHEREAS, there exists in the surplus account to be transferred to the City of Albertville as aforesaid the sum of $48,000.00; and WHEREAS, the Joint Powers Board will need to borrow funds to pay for the balance of said construction costs of "well no. 2;" and WHEREAS, the General Obligation Water Revenue Bonds Debt Service Fund contains sufficient balances to pay principal and interest on current payments of bond premiums as they become due; and WHEREAS, it is the desire of"the member communities of the Joint Board to provide for said payment in a rational and equitable fashion; NOW, THEREFORE, it is mutually agreed that the Operating And Authorization Agreement dated December 13, 1977, may be amended by adding the following paragraph as Paragraph A, Subd. 1, 2 and 3: "Subd. 1. Provided, however, that the sum of $40,000.00 may be used from the said surplus account for payment in 1987 of partial costs of construction of a new supplemental well known as well no. 2, in accordance with engineering recommendations. Subd. 2. Provided further, however, that the payment of principal and interest on indebtedness incurred to fund the balance of construction costs of well no. 2 shall be paid from the Surplus Account in 1987 and years thereafter. 1 Subd. 3. In the event that the surplus account is not sufficient to pay principal and interest on indebtedness as contemplated in Subdivision 2 above, the member communities shall contribute to pay the deficiency. The amount of contribution of each community will be equal to the prorata share of water used by that community in relation to gross water usage of the system. (For example, 10,000 gallons in total usage - Member A - utilizes 4,000 gallons, Member B - 3,000 gallons, Member C - 1,500 gallons, and Member D - 1,500 gallons. A deficiency of $10,000.00 - Member A would pay $4,000.00, Member B - $3,000.00, Member C - $1,500.00, and Member D - $1,500.00.) Determination of prorata water usage shall be based upon the twelve (12) months immediately preceding the deficiency determination." Pursuant to Resolution of the City Council of the City of Albertville, the City hereby consents and joins in the Amendment of the foregoing OPERATING AND AUTHORIZATION AGREEMENT as therein set forth. Passed this day of 1987, by the Hanover, Frankfort, St. Michael and Albertville Joint Powers Water Board. By: ATTEST: Secretary HANOVER, FRANKFORT, ST. MICHAEL AND ALBERTVILLE JOINT POWERS WATER BOARD 2 Chairman _.-r_- r � 3 t e � a e I y, r. a O , f � r C� ;O1 ' a pO S i e I i r! .j I e 0 APPLICATION FOR NON -INTOXICATING MALT LIQUOR LIMITED LICENSE The undersign, certifies that it complies with the Minnesota Statutes, Section 340.001, Subd. 7, in that it qualifies as a "Bona Fide Club" within that Section, and with this application makes petition for a limited license as a "Bona Fide Club" for a limited non -intoxicating malt liquor license. 1. Name of Applicant: A/iea'ry ;11,e Z /:, t4 s 2. Name and Address of President and Secretary of Applicant: 3. Purpose for which funds deruved activity will be used: sr. A, a k-r. 4. Date of activity for which license is requested: 114os;I -/ -'_Z /L97 5. Presises from which non -intoxicating malt liquor will be dispensed on said date: 6. Hours of operation on the date for which limited license is requested: l 1,oa ?--- -- 1,2 M " �-Ati 1zC 7. Number of previous licenses obtained in this calendar yeat: 8. 19h, Name, address, telephone number and position held with Club of persons signing this application: NOTE: License fee of $25.00 per day is required to accompany this application NOTE: Applicant must appear in person before the City Council for approval of limited license. DATED: Signature of Applicant(s) APPLICATION FOR NON -INTOXICATING MALT LIQUOR LIMITED LICENSE The undersign, certifies that it complies with the Minnesota Statutes, Section 340.001, Subd. 7, in that it qualifies as a "Bona Fide Club" within that Section, and with this application makes petition for a limited license as a "Bona Fide Club" for a limited non -intoxicating malt liquor license. .� 1. Name of Applicant: A i k c r �J i �� \ C_c tj re, c S 2. Name and Address of President and Secretary of Applicant: 3. Purpose for which funds deruved activity will be used: 7—& L z_ <, C_ A I N d- 6 e ,,, e.r u, I ;t' L) L, c) f�� b G 1 b-� I , c k, ��a.TL� �� 44 Asa 1) ^� I "! 4. Date of activity for which license is requested: G r G Z 5. Presises from which non -intoxicating m t liquor will be dispensed on said date:_%�/�.r, 6. Hours of operation on the date for which limited license is requested: -/, 36 -,&JfQg1/.'3-DP. -,M, 7. Number of previous licenses obtained in this calendar yeat: B. Name, address, telephone numb e and po Iftion held with Club of persons signing this application:a NOTE: License fee of $25.00 per day is required to accompany this application NOTE: Applicant must appear in person before the City Council for approval of limited license. DATED: Signature of Applicant(s)