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HomeMy WebLinkAboutSP January 10, 1989 LAW OFFICES OF 115 (C It 0/%7 10 ;J.:5 CYJ 0~~) UITE-1'O 299 COON RAPIDS BOULEVARD COON RAPIDS, MINNESOTA ~~433 PHONE 1612) 784-299B " '- \ ,,_/ HUfKC and JlowKins JOHN M. BURKE W1WAM G, HAWKINS BARRY M, ROBINSON R~D- January 4, 1989 Mr. James E. Schrantz Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 CITY OF ANDOVER ~ J';J f2 Ql5c A/cVr Dear Jim: Enclosed please find the Findings of Fact, Conclusions of Law and Order for Temporary Injunction in regard to the Milton LaPanta file. The Court has granted all the relief requested by the State and the City. Therefore there is to be no further activity on the site pursuant to the injunction. If any City staff or Sheriff Deputies do observe any violations of this order they should advise me immediately. Hlliam G. Hawkins WGH:mk Ene. , ...../ , ., t . '~ STATE OF IIINNESOTA COUNTY OF ANOKA DJSTRICT COURT TENTH JUDICIAL DlSTRICT State of Minnesota, by its Attorney General, Hubert H. Humphrey, li, and its Waste Management Board, and the City of Andover, FINDINGS OF FACT CONCLUSIONS OF LAW AHD ORDER FOR TEMPORARY INJUNCTION Plaintirrs, vs. Milton J. LaPanta, Waste Recycling Inc., and Tonson, Inc., Court File No. C6-88-9640 Defendants. The above-entitled matter came on for hearing before the undersigned Judge of District Court on September 28 and October 3 and 6, 1988 pursuant to plaintiffs' motion for a temporary injunction. The plaintirrs State of Minnesota and Waste Management Board were represented by Ann E. Cohen, Special Assistant Attorney General, Suite 200, 520 Lafayett Road, St. Paul, MN. 55155. The plaintiff City of Andover was represented by William G. Hawkins of Burke &: Hawkins, 299 Coon Rapids Blvd., t 10 1, Coon Rapids, MN. 55433. Defendants were represented by Richard J. Suncl>erg, Attorney at Law, 122-123 West Parkdale Plaza, 1660 South Highway 180, Minneapolis, MN. 55416. The Court, upon all the evidence adduced at the hearing, the arguments and memoranda of counsel, and all the files, records, and proceedings, makes the following: FINDINGS OF PACT 1. Defendants are the owners and operators of a waste tire storage and processing facility located in the City of Andover, Anolea County, Minnesota (Andover '-.-J Tire Dump.) The defendants store approximately 550,000 waste tires at the facility. '. This site is divided into a 4 acre "processing area" and a 10 acre "stockpile area." ,-) 2. On June 24,1986, pursuant to Minn. Stat. S1l5A.906, the Minnesota Pollution Control Agency (Agency) issued a document known as a "Request for Abatement Action" or "RFAA" to Waste Recycling, Tonson, Milton J. LaPanta, Cecil Heidelberger and Patricia Heidelberger. 3. . The issuance of the RF AA resulted in the execution of a "stipulation agreement" incorporating a plan for the removal and processing of the waste tires in the stockpile area of the Andover Tire Dump. This agreement signed by Defendant Waste Recycling Inc. was approved by the state, then acting through the Agency, on January 26, 1987. The performance of Waste Recycling under the agreement was guaranteed by Defendants Milton J. LaPanta and Tonson Inc. 4. The stipulation agreement signed by Waste Recycling and the Agency established a schedule for the staged abatement of the Andover Tire Dump, as well as operational and technical requirements. 5. The stipulation agreement provided that Waste Recycling would be paid $30 per ton of waste tires processed and removed from the site, if Waste Recycling was in compliance with the terms and time schedule in the agreement. 6. Part 1 of the agreement, titled "compliance with local regulations and license conditions," provided: : i I . " \ '-J During the time this Agreement is in effect, [Waste Recycling], its subcontractors, and employees, shall comply with all applicable ordiances and operating conditions imposed by the City of Andover and the County of Anoka. This Agreement shall not be construed to pre- empt or override local regulatory obligations. 7. Part 4(b) of the agreement, titled "Fire lanes," provided: The fire lanes that exist currently at the site shall be maintained by [Waste Recycling IncJ during the course of the abatement activity. The fire lanes shall be maintained free of debris, vegetation and equipment such that access to the tire piles for emergency vehicles is maintained at all times. -2- , <,-) ,..) 8. Part 7 of the agreement, titled "New waste tires," provided: [Waste. Recycling], its subcontractors, and employees shall ensure that no new waste tires are deposited at the Andover Tire Dump site, except in the Processing Area. The accumulation of new waste tires in the Processing Area shall be governed by regulations and permits of the City of Andover and the County of Anoka. 9. In June of 1988, the Board, Waste Recycling, LaPanta and Tonson executed an amendment to the agreement designed to enable Waste Recycling to complete the work under the agreement in compliance with time schedules established in this new agreement. This amendment also increased the amount of money provided to Waste Recycling as reimbursement for the cost of processing and removing the waste tires from $30 per ton to $66 per ton. 10. On July 22, 1988, a fire destroyed the building housing the processing equipment. The equipment was damaged beyond recovery. Defendants have not purchased new processing equipment. 11. After the date of the fire, Waste Management Board starr and Anolea County and City of Andover starr made inspections of the site from the ground and from the air. 12. The inspections made by Board, County and City staff revealed that new waste tires were being stockpiled in the stockpile area of the site, in violation of the provisions of the stipulation agreement. 13. The inspections revealed that waste tires were blocking fire lanes that had previously existed in the stockpile area of the site, in violation of the provisions of the stipulation agreement. 14. The inspection revealed that the number of waste tires stored in the stockpile had grown from approximately 345,000 to approximately 550,000 and that the tire piles were not in conformity with Minn. Rules pt. 9220.0150. subp. 4. The amount of tires is flgUJ'ed on the basis of ten tires per cubic yard. -3- ',) l , 1 1 . t I i : I ! ~.J .j '\ i 15. . The inspections revealed that workers on the site were responsible for the disposal of the new waste tires in the stockpile area. Large trucks were photographed dumping new waste tires in the stockpile area. 16. Aerial photographs of the Andover Tire Dump were taken by Waste Management Board and MPCA staff in August 1986 and August and September 1988. The 1988 photographs clearly show a large increase in the number of tires added to the stockpile areas since the 1986 photographs were taken. 17. At the October 3 hearing, Werner Langanbach, supervisor at Tonson since December 21, 1987, testified. Mr. Langanbach stated that he had walked the entire dump on September 30, and that the tire piles had not increased since he began working at the dump. Mr. Langanbach also stated that he had measured the perimeter of the areas numbered 7-11-12 with a "rollotape" (a rolling measuring wheel) and it measured 2,009 feet. 18. The Court inspected the Andover Tire Dump site on October 6, 1988. The Court was told not to walk in some areas of the dump because of poison ivy. The Court viewed the pile which Mr. Langanbach testified he had measured at 2,009 feet. Because of all the weeds and the craggy, hilly ground around the pile, any such measurement could not have been accurately made. Further if no new tires were being added, there would have been no reason to measure this area. 19. The Andover Tire Dump is now storing more tires than at the time of the agreement. Defendants are not disposing of the tires existing at the time of the agreement or the new tires that are being received by the Andover Tire Dump. 20. The increased density of waste tires in the stockpile area, and the loss of the fire lanes creates an extremely hazardous nuisance condition. 21. Tire flJ'es, once started, are extremely difficult to extinguish. Unless tire piles are limited to under 70,000 tires (a pile of approximately 10,000 square feet and 20 feet high) and separated from adjacent piles by a flJ'e lane of 50 feet, a fire can become uncontrollable. -4- '\ '-) , I ; I I j I' , ~ i 1 i : I I I I I ,I " i 'J I '\ I I 22. Tire fires result in the production of toxic black smoke, which can damage property and wildfire, and affect public health. . 23. Under certain conditions, tire fires can result in the creation of a pyrolytic oil that can contaminate ground water. 24. If a fire were to start at the Andover Tire Dump today, the fire may not be confined to a single stockpile and the entire pile of 550,000 waste tires could burn, causing tremendous and potentially irreparable harm to adjacent property and the environment, as well as endangering local residents and emergency response personnel called to the scene. 25. The Andover Tire Dump is part of the "South Andover" superfund site because of previous use of the site for the disposal of hazardous wastes. The presence of these hazardous wastes beneath the waste tires could endanger emergency response personnel and local residents in the event of a fire. Based on the foregoing Findings of Fact, the Court makes the following: CONCLUSIONS OF LAW 1. The conduct of the Defendant violates the terms of the stipulation agreement between the Board and Waste Recycling. 2. The conduct of the Defendants violates Minn. Rules pt. 9220.0150, subp. 4. 3. The conduct of the Defendants has created a public nuisance which is an immediate threat to public health and the environment. 4. The violation of the stipulation agreement and Minn. Rules pt. 9220.0150, subp. 4 could cause pollution, impairment, or destruction of the air, water, land, or other natural resources within the scope of Minn. Stat. ch. 11GB (Environment Rights Act). 5. The Defendants are enjoined to remedy the violations and to abate the nuisance pursuant to Minn. Stat. 5115.071, Minn. Stat. 55116B.03 and 116B.07, and Minn. Stat. 5561 (1986). -5- \ '.J , " <,-) ORDER FOR TEMPORARY INJUNCTION 1. It is hereby ordered that Defendants shall, within one_ week restore all fire lanes existing when the stipulation agreement was executed that have been blocked by the disposal of new waste tires in the stockpile area and created any additional fire lanes that are needed to bring the site into compliance with Minn. Rules pt. 9220.0150, subp. 4. 2. It is further ordered that the Defendants shall immediately cease from moving any additional waste tires into the stockpile area. 3. It is further ordered that the Defendants shall cease to accept any new waste tires for disposal at the Andover Tire Dump until processing equipment is installed and operational at the Andover Tire Dump site, provided permits necessary for such operations are obtained from the City of Andover and Anoka County. 4. It is further ordered that, if the Defendants fail to comply with the first clause of this Order within the time period provided, the City of Andover shall be given access to the Andover Tire Dump for the purpose of creating the needed fire lanes or otherwise securing the site from fire. 5. The attached Memorandum is incorporated and made a part of this Order. BY THE COURT: Dated this y~ of December, 1988. n r . okolowski J of District Court Tenth Judicial District -6- '\ I 'J I II I I I ,. "- I \______i I A! I i I MEMORANDUM THE LAW OF TEMPORARY INJUNCTIONS The judicial discretion to grant a temporary injunction pursuant to Rule 65.02, Minn. R. Civ. P., is to be exercised upon the moving party's proof that he will surrer irreparable injury should the injunction not issue and there is a substantial likelihood of success on the merits at trial. Miller v. Foley, 317 N.W.2d 710 (Minn. 1982); Costley v. Caromin House, Inc., 313 N.W.2d 21 (Minn. 1981); Dahlber~ Bros., Inc. v. Ford Motor Co., 272 Minn. 264, 137 N. W.2d 314 (1965); AMF Pinspotters. btc. v. Hankins Bowlin~, Inc., 260 Minn. 499, 110 N.W.2d 348 (1961). The Minnesota Supreme Court has established five factors to be considered in determining whether to grant a temporary injunction. The factors are as follows: (1) the nature and background of the relationship between the parties prior to the dispute; (2) the harm to be suffered by the moving party if the temporary injunction is denied compared to that inflicted on the defendant if the injunction issues pending trial; (3) the likelihood of success of the merits; (4) aspects of the fact situation which permit or require considerations of public policy expressed in statutes; (5) the administrative burdens in supervising and enforcing the temporary decree. . Miller, 317 N.W.2d at 712; Dahlber~, 272 Minn. at 274-75, 137 N.W.2d at 321-22. A. Nature of the Relationship The nature of the relationship between the Plaintirrs and the Defendants is that of contractual parties. The issuance of an injunction would ensure that the terms of the agreement are followed, that tires are processed, and that no additional tires are stored. B~ Relative Hardship To be entitled to injunction relief, plaintirrs must show that the injury they ; . would suffer without the injunction is real, substantial and irreparable. Miller, 317 (~ N. W.2d at 712, AMF Pinspotters, 260 Minn at 504, 110 N. W.2d at 351-52. If the injunction is not granted, defendants will continue to take in new tires and block fire lanes. The amount of tires and lack of fire lanes creates an extremely dangerous condition. If a fire were to start,.the fire would be extremely difficult to extinguish and without fire lanes, uncontrollable. A fire would endanger local residents and emergency response personnel and would produce toxic smoke. It should be no hardship for defendants to comply with the terms of an agreement they have already made. C. Likelihood of Success on the Merits ! . As stated in the Findings of Fact, the evidence at the hearing clearly showed that defendants have added additional tires to the dump since the agreement. The evidence also showed that the tire dump has inadequate fire lanes. . ; . , i' ! . The Court finds it probable that plaintiffs will succeed in showing at trial that defendants are in violation of the agreement, Minn. Rules pts. 9220.0100 -.0180, Minn. Stat. 5115.071, subd. 4 (1986), and City of Andover Ordinance 72. D. Public Policy The public interest in this case would be best served by enforcing the agreement. Compliance with agreement would eliminate the dangerous situation existing at the tire dump by reducing the number of tires and opening firelanes. E. Administrative Burden I I I i I I I. '. ) \ , I I Any administrative burden in this case will be plaintiffs' burden. Plaintiffs will monitor the site to ensure compliance with the Order. If defendants do not comply with the Order, plaintiff City of Andover will take the necessary actions to open fire lanes and dispose of tires itself at defendants' cost. BOND Pursuant to Minn. Stat. 5548.18, plaintiffs are not required to give a bond for security to obtain injunctive relief. -2- 10 cc. r;rJIf!~ , \ ,-/ "ortb Central Cable Communications Corporatlon-934 Woodhl1l Drlve-Rosevl1le, MN 55113-(612) 483-3233 R[ ~EE:~~9ID . January 6, 1989 CITY OF ANDOVER Mr. James Schrantz . Quad Cities Cable Commission 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mr. Schrantz: We have today, orally advised the Chairman and Staff of the Quad Cities Cable Television Commission that the owners of Cable TV North Central are discussing the sale of their interests In the Company with prospective buyers. It is not known whether or when a transaction may be agreed upon. We wish by this letter, to advise you of this action and to assure you that these discussions of a sale, should it occur, will not have a negative impact on the Company's outstanding service or on its dedicated employees. It has been our privilege to provide cable television service to your community. We believe this service is second to none in the United States and something of which we can all be proud. This success is a tribute to the effective partnership between the Commission and the Company. The decision by the owners of Cable TV North Central to seek a buyer of their interests in the Company is consistent with many similar actions occurring throughout the cable television industry. We will, of course, keep the Commission fully advised of our progress. In the meantime, we e){pect to conduct the business of Cable r" North Central in a normal manner, including any ongoing discussions with the Commission. We wish particularly, to assure you that Cable TV North Central's outstanding cable service will continue at its current level of excellence. With best regards, ',J John R. Eddy Executive Vice President JRE/grs , '\ '--~ '-) LAW OFFICES OF 10 c.C'. ')IO/'8q HI/rke ond Jlowkins SUITE \0\ 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA !5!5433 PHONE (6\2) 784-299B JOHN M, BURKE WILLIAM G. HAWKINS BARRY M. ROBINSON January 9, 1989 R~U- Mr. James E. Schrantz Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 CITY OF ANDOVER Re: Tonson, Inc. Dear Jim: Ann Cohen of the Minnesota Attorney General's office and I met with the attorney for Tonson on Friday, January 6, 1989 to dis- cuss access to the Tonson site for cleanup of the tire pile. As you are aware the Minnesota Pollution Control Agency issued an order requiring abatement of the pile and authorizing entry onto the site. The PCA is taking bids for the cleanup on January 6, 1989. Our meeting with the Tonson attorney was for the purpose of determining whether or not Tonson and Mr. LaPanta intended to continue to do business at the site and if not, to allow access. Unfortunately we were unable to obtain any agreement concerning access to the site. Therefore the State and the City will be joining in a Motion to the court for an Order authorizing access to the site for the purpose of removing all of the tires. This Motion should be heard within the next thirty (30) days. I will keep you posted concerning any developments. In speaking with Ann Cohen, she indicated to me that the PCA in the past have been willing to work wi th cities to clean up Super Fund areas. She further indicated that the State and EPA may be willing to enter into an agreement with the City whereby the ~ acquisition of the land by the City would not impose any liabil- ity thereon nor would the various agencies file any liens for cleanup work. Under those circumstances I think it may be beneficial for the City staff to contact these two agencies to see if any such agreement could be reached. This would enable us to accelerate the acquisition and control of these properties and the cleanup of the junkyard areas in general. If you or the counci1members have any questions regarding this matter, please contact me. ~. cere1y, --.. i1liam G. Hawkins WGH:mk ~ MIDWEST !Ii~ ~~~rvice People 'J 1080 Montreal Avenue St. Paul, Minnesota 55116 (612) 690-1761 10 ~C. 0i577' January 5, 1989 The Honorable Jerry Windschitl Mayor of Andover and City council 1685 Crosstovm Boulevard N.W. Anoka, MN 55303 Dear Mayor windschitl and council Members: Beginning with bills issued on or after January 1, 1989, Midwest Gas, fonnerly North Central Public service Co., will be increasing the natural gas rates in your area. This change is necessary to offset changes in the wholesale cost of gas we have received from Northern Natural Gas Company (Northern), our supplier in your service area. Midwest Gas I rate change was twofold. Northern increased its rates to adjust its base average cost of jurisdictional gas. Midwest Gas also revised its rates relating to gas transportation to and from Midwest Gas' underground storage facilities. The net result will be an increase to Midwest Gas' Finn customers. Effective January 1, 1989, Midwest Gas will be increasing all Finn rates by 11. 07 cents per thousand cubic feet (Mcf) or 2.34%. If you have any questions concerning these adjustments, we will be happy to discuss them with you. Very truly yours, MII:MEST GAS Division of Iowa Public Service Company .~.~ ?f~ . anson Rates Tariffs TDE:jn Ml2 ,~) " .~ C.C. '/Iojg-q , . . / '1 . '~ League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101.2526 (612) 227-5600 (FAX: 221-0986) --".:-7,-\~i ...-;:.~ ". EC E~ .!-~ JAN 61989 ... December 29, 1988 ...; To: city officials and agents CITY OF ANDOVER From: LMCIT Re: Coverage for injuries to elected officials . .I' : . : \ . ,. ~ :.;, t The workers compensation statutes provide benefits to an -employee- who is injured while working. M.S. 176.011, subd. 9, (5), provides that an elected official is considered to be an nemployeen for workers compensation purposes only if the city has passed an ordinance or resolution to that effect. An elected official injured while performing his or her duties would not be eligible for workers compensation benefits unless the city had passed that ordinance or resolution. If the city wishes to provide workers compensation coverage for elected officials, it is preferable to use an ordinance rather than a resolution., Resolutions are often recorded only in the council minutes~ years later it can be very difficult and time-consuming to track down a resolution. We've seen a number of cases where a city has been paying premiums for workers .compensation coverage for elected officials for years, but now can't find any ordinance or resolution specifying that elected officials are covered. An ordinance will generally be easier to keep track of permanently, since it is also recorded in the city's ordinance book as well as in the council minutes. The following wording can be used for this ordinance: -Pursuant to Minnesota Statutes Section 176.011, subdivision 9, clause 5, the elected officials of the city and those municipal officers appointed for a regular term of office are hereby included in the coverage of the Minnesota Workers Compensation Act.- If the city does not wish to cover its elected officials for workers compensation, it might ~e wise to pass on ordinance to that effect as well unless you are absolutely certain that the city has never passed a resolution to provide coverage. That resolution could have been passed as long ago as 1967, when the law was first amended to permit cities to opt for coverage. In the past, the cost of workers compensation coverage has discouraged many cities from covering their elected officials. LMCIT has now taken a couple of steps to address this issue, as \ outlined on the following pages. The LMCIT Board would also ,~ like to hear from city officials as to whether they would favor amending the statutes to make workers compensation coverage automatic for all elected officials. , f 1. REDUCED COST OF WORKERS COMPENSATION COVERAGE In the past, LMCIT has calculated workers compensation premiums for elected officials coverage using the formula prescribed by the rating association, for private insurance companies. Under this formula, premiums ,were based on an imputed minimum salary of $108 per week'. The rate for the "Municipal employees. class of $5.88 per'$100 of payroll was then applied. This resulted in premiums of ove~ $1650 to cover a five-member council. For 1989, LMCITwill use a lower rate of $2.91 per $100 of payroll for elected officials. This rate will be applied to an imputed salary of $70 per week, rather than $108 as in the past. These two changes will reduce the cost of covering a five-member council to $530 in 1989 - a reduction of over two-thirds. In the opinion of the LMCIT Board of Trustees, this revised rating approach'will'moreaccurately reflect the actual risk. 2. ACCIDENT POLICY OPTION .. ....."1....'1,....1;..... "_'.~. ,LMCIT has also arranged with CIGNA to offer a second even less expensive option through which cities can provide some protection for their council members against the risk of being injured or killed in the course of performing their duties. For a cost of $12.75 per person per year, the city can purchase an . accident policy which provides benefits for death or a disabling injury arising out of an accident which occurs while the council member is traveling to, participating in, or travelling from a regularly scheduled council meeting, or while conducting .official council business on behalf and at the request of the council. The policy provides provides a schedule foot, or eye. ' , a death benefit of $100,000. It also of lump sum benefits for loss of a hand, ..-! .,.." . The policy also provides a short-term disability benefit of $400 per week. .' Disability benefits are payable for a ,maximum of 26 weeks, 'after a three-day waiting period. Disability benefits would be paid if as the result of a covered injury the individual cannot do at all the substantial and material duties of his type of work. It is important to understand that this coverage differs significantly in many ways from the benefits that would be provided by workers compensation. Some of the more important differences are: - The accident policy does not pay for medical costs. 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'" .c "" ... ... cr ... .- . .. .e '" ~ > o ... .0 C> ... - >- ~ ,- - .- "" ... on ,- ... - - .- . on ~ c '" . >- ... .. a> '" .0 .c ~ - - C ,_ ,- . , 0 >-+> s= _. ::1 ::1 (t) en o ..... ~ o _. ..... _. (t) en f. (- ) CITY of ANDOVER Special City Council Meeting - January 10, 1989 7:00 P.M. 1. Call to Order 2. Accept Resignation/M. Perry 3. Swearing-in Ceremony 4. Fire Marshal Discussion 5. Goals & Objectives for 1989 Staffing & Salaries 6. Building Permit Fees 7. CDBG Budget 8. Water Tower & Treatment ( 9. Adjournment (' " "_J :J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO, DATE January 10, 1988 ORIGINATING DEPARTMENT ITEM NO. James E. Schrantz FOR Engineering BY: The City Council is requested to review and approve for mailing the attached letter that will be signed by Jim Stern rather then Bill Hawkins. The first and last paragraph will be modified to compliment Jim Stern signing the letter. MOTION BY "- TO COUNCIL ACTION SECOND BY CHAPEL CONSULTING, INC. ~) MANAGEMENT CONSULTANTS RECEnltU . : DEe 3 0 1988 ' CITY OF ANDOVER December 27, 1988 Mr. James E. Schrantz city Administrator City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Dear Jim: Here is the updated draft letter to Ameridata. I made these changes discussed at the Council meeting of December 20: o Specify IBM PS/2 computers o Add a demand for $5,000 to cover the cost of converting utility billing o Reword the letter so that it comes from Bill Hawkins Please give me a call after you review this draft. Best regards, /fZ 0-stern, Enclosure CMC cc: Mr. William G. Hawkins, Esq. Burke and Hawkins '\ ,..) 8400 E. Prentice Avenue, Suite 825 Englewood, Colorado 80111 (303) 793-3900 (612) 333-3564 (In Minnesota) 23 Empire Drive, Suite 286 Saint Paul, Mlnn'esota 55103 (612) 228-3599 , ) December 27, 1988 Mr. Jim McCleary President Ameridata Systems, Inc. 7008 Northland Drive Minneapolis, MN 55428 Dear Mr. Mccleary: Over the past several weeks, Jim Stern of Chapel Consulting, Inc. and Jim Schantz of the City have discussed with Bruce Zimmerman several options for resolving problems with its computer. This DEC system was purchased from you in February, 1987. Bruce has suggested that Ameridata replace the City's existing computer with ~ collection of new and used PC hardware and software. . The software would be PC-based word processing and spreadsheeting software. No accounting software would be included. The City would return its existing system to Ameridata. 11 In general, . the City thinks this suggestion has merit. It has the potential of giving the City the powerful and sophisticated data processing system it thought it was acquiring from you in 1987. In order to have a system with equipment functionality and capacity of the DEC computer, the City will need this hardware and software: * 1 PC - IBM PS/2 Model 80 386; 20MHz 80386 CPU, 4MB RAM, 80MB Hard Disk, 1. 44MB Diskette, Monitor, 1 Parallel Port, 4 Serial Ports * 8 PCs - IBM PS/2 Model 70 CPU, 640KB RAM, 1.44MB Diskette, PCDOS 3.3 386; 16MHz 80386 20MB Hard Disk, Color Monitor, * 1 Tape Drive - * 2 Terminals - * 1 Printer - * 3 Printers - * 3 Printer Switches - Mountain Tape Backup System Could use existing terminals Could use existing 400CPS printer Hewlett Packard Laserj et Series II; 8PPM laser 3 to 1 printer sharing switches " * 8 Word Processing - WordPerfect V 5.0 ) * 8 Spreadsheet - LOTUS 123 V 3.0 -....:'7;-~...........:""'.~.,,.. ,.......".~ ~......-.~ -~...-. .......-.;, .....--.-~...,-~.....-_:~~.-~..~.__.-..;::I.:":"......../"O. - -. ~""""-.",,,""--.~.-.~,,-~' '_'__'_.,;_,'~_4~~" -__' ~.,. _'""'..._:_.......,'__.....__... ",,\,_,_._._ '__._.. ~__.~.. ;-... _,.4 ... _ ,_ Mr. Jim McCleary December 27, 1988 Page Two \ , J The City feels that the hardware specified must quality, newly manufactured computer equipment. be fully warranted by Ameridata. Because you are unable to supply the City with a replacement for the NMS accounting software, the City feels that Ameridata should refund, the cost of the NMS software ($22,250) plus an additional $5,000 to reimburse the City for the cost of converting its utility billing customer master data to a new system. The City will use this money to acquire and implement replacement accounting software. be high It must With this replacement PC hardware and software and new accounting software, the City will have the powerful, flexibile and high quality system intended originally. I suggest you meet with Jim Schrantz and Jim Stern as soon as possible to finalize this agreement and resolve the issue. Sincerely, ")~a-> fIJ. j Teruv c tVl c. I -: _. ""::-- -~._~.-.--~. To".,.,... ,____...._._....~~~.-..,.- ---.'" -_.__~.'.~. ~- .'. -.-,- _".'-' - - ..r:.... .--:,f-....-..~ _.....: -.. . n,. ..-._~~.~-,..,..... ~...,-' -.-. --. ~... _ .._. ,-_. .~-.,..,~'~..-- _...,.__-...-...-",-. -.. ~~,.. 'F~~_ _..,. -....,___,_.--,....-....F...... "~_ o @"";;" ~'':...;,. , .~ j >;1 , .' " -.' \\ ~ ''''>;~,.~>_.- ' -, CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 10. 1989 AGENDA SECTION NO, ORIGINATING DEPARTMENT APPROVED FOR AGENDA Administration ITEM NO. Accept Resignation/ 7 M. Perry BY: Vicki Volk BY: Thel'City Council is requested to accept Marge Perry's resignation from the Planning and Zoning Commission. Her letter of resignation will be available at the meeting. COUNCIL ACTION MOTION BY '- TO SECOND BY <) @""'" , fA" ,.,r\, '~:,:~~~-;;-,. .:: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 10. 1989 '__J AGENDA SECTION ORIGINATING DEPARTMENT APPROVED FOR NO, Administration AGENDA ITEM Swearing-in Ceremony NO, 3. Vicki Volk BY: BY: Marge Perry will be sworn in as a councilmember. COUNCIL ACTION MOTION BY SECOND BY TO ~,) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Januarv 10. 1989 AGENDA SECTION NO, ::~~~" f/ The City Council has budgeted funds in the amount of $17,000 for the positions at the November 22, 1988 work session. ORIGINATING DEPARTMENT Engineering ITEM 4. NQ Fire Marshal Discussion BY: James E. Schrantz Salary was estimated based on a 20 hr work week at $13.75/Hr. or $14,300. About 20% included for benefits for a total of $17,000. MOTION BY TO COUNCIL ACTION SECOND BY , / '0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION January 10, 1989 AGENDA SECTION NO, DATE ORIGINATING DEPARTMENT Engineering ITEM 5. NQ Goals & Objectives for 1989 Staffinq & SalariesBY: James E. Schrantz APPRO~ED OR :~A !/ The City Council is requested to establish goals, objectives and priorities for the staff so the staff can recommend to the City Council the staffing required to accomplish the goals and objectives. Hopefully, we can accomplish this within our budget confines. I have asked the staff to start re-evaluating their department for efficiency and establish goals that we can discuss with the City Council to make sure we are all working on the same goals with the same priorities. I have attached the December 20th memo that discusses budget and salary recommendations. The budget includes funding for a Finance Director. I would like to fill that position as soon as possible because the budget for 1990 is due in July of 1989 so it can be sent to the County and State early to satisfy the new Minnesota tax law. I have attached a job description and an ad. Something to Consider: Attached is a flyer from "Government Training Service" that discusses an out-of-the-office goal setting retreat. I contacted GTS to find out the costs and was contacted by Barbara Arney who is one of the facilitators used by GTS. Ms. Arney does this for Eden Prairie. The cost is about $600 to $700 for a day session - example - 8 A.M. to 3 P.M. on a Saturday. She interviews each Council person before the session so she is prepared. She is available December 28; February 11th or February 18th. COUNCIL ACTION MOTION BY TO SECOND BY '- ~j [~ " '. '1:, L": ,'. ~ M '\ , -) !..1 ',. " ; " ~ :1 ~~ .,:1 :1 ~, I '1 <1 '. ~1 ., ,.j ;J J ;1 ~ ;1 j ~ . " ,,' .~ 1 ~ , " I '.'j , ., ] ;~ 1 :~ -J " '~ .. ~ ~ ~j " " J. ',' ,! ~ q I , \ ,I . ~ ) , '. FINANCE DIRECTOR, City of Andover, Minnesota. Chief financial officer for all City funds including general, utilities, special assessments, bonding and improvements. Responsible for investments, financial reports, workman's comp, insurance and personnel records. Degree in accounting, business or related field and computerized governmental experience. Salary 31,000 to 36,000. Resume to City of Andover, MN 55304 by August 19, 1988. , CITY OF ANDOVER POSITION DESCRIPTION '\ , ) POSITION TITLE: Finance Director DEPARTMENT: Finance Department City Administrator ACCOUNTABLE TO: ,- PRIMARY OBJECTIVES Position is responsible for the organization, planning, management and coordination of all financial services utilized by the City Administrator and other departments; is responsible for disbursement of monies, investments, internal control and providing administrative assistance to the City Administrator for supervision of City Clerk and, City Treasurer and manages insurance, workman's comp and personnel records. . MAJOR AREAS OF ACCOUNTABILITY Plans and develops sound accounting policies and administrative practices for City ~dministrator and Council so that financial records are maintained in an acceptable manner, bills are paid on time, and all funds are invested in a manner which will maximize the return on such investments. Prepares annual City budget for all City funds, prepares annual financial report and monthly financial reports. Manages and invests City monies according to legally approved investment practices. - Personally directs development and implementation of capital financing programs. Directs and supervises special assessment project accounting, reporting and bonding. Develops and maintains data processing systems which will meet the informatiOn recordkeeping demands of all City departments. Prepares an operating budget for Finance Department, as well as budgets for the insurance, debt services and special funds to insure that the allocation of monies is sufficient to carry out the responsibilities of the department. Provides overall direction to the central services of reproduction, mailing, office supply stores and purchasing so that the costs associating with these services are minimized and that such costs are charged to the using department in an accqrate reflection of its use of the services. \ , ~ Coordinates and supervises the City Clerk and City Treasurer. Attends Council meetings and advises Council and administrative staff regarding financial procedures. ,-c. ....,-_.. ~,_~-.... "r~__.r. _-'\.....,..., c. " ....__... .,;..,......r____r _....,........._,1'__-.,.._..,..... ,...... --...-:^...r<___~.....,......_....~.,_.".__....'~':>~_..",.~... :'_ . -__"'-"'_'.'_', -..; _c'-- . r '\ ~ Supervisory Responsibilities: Participates in and recommends the selection' of new employees for whom accountable. - Defines and clearly delegates work assignments to personnel in terms of work methods, service required and standards of performance expecte~. ' - Reviews the work performance of employees on a continuing basis. - Establishes and maintains a level of discipline and a working climate in which assigned employees are effectively motivated to work up to their full potential. KNOWLEDGE, SKILLS, ABILITIES - Thorough knowledge of principles and practices of all aspects of public financing administration. - Extensive knowledge of City Budget process. - Thorough knowledge of municipal government functions and management concepts. . - Thorough comprehensive knowledge of municipal accounting piocedures. - Considerable knowledge of data processing and purchasing principles and procedures. , - General knowledge of local, state and national laws pertaining to City operations. . - Ability to develop and implement sound accounting systems. - Ability to maintain effective working relationships in high stress and conflict situations. - Ability to communicate ideas, explanations and recommendations clearly, both orally and in writing. Ability to prepare complex financial statements and reports in accordance with legal requirements. - Ability to assign, supervise, discipline and motivate staff while maintaining productive working relationships. - Ability to prioritize constantly changing activities and resources. " MINIMUM QUALIFICATIONS Bachelor's Degree in accounting, business administration, finance or economics, or public administration. Two to five years of progressively responsible experience in governmental finance management work with at least one year of supervisory experience. DESIRABLE QUALIFICATIONS Master's Degree in accounting, business or public administration, public finance or economics. Three years municipal finance supervisory experience. , ',-.j .". .__ '_H_,' _ "_"", __.."_ ___u'_ ._..._._____,...._..... .....__._.........._~___ ''',_. _._"_..~.._._..__..._. ... __.. _._._,_ " .-> CITY OF ANDOVER BY: James E. Schrantz ;. , i I I r. REQUEST FOR COUNCIL ACTION ' AGENDA SECTION NO. DATE December 20. 1988 ORIGINATING DEPARTMENT FOR ITEM NQ Budget/Salaries 3. Administration The city Council is requested to discuss some items in the budg~t concerning personnel that haven't been decided on or discussed. * We have two part-time positions that I am unable to tell these people what is going to happen in 1989. 1st - Charlene Welu, who wdrks in the Finance Department as an overload person. I plan to keep her until a decision is made on the Finance Director position that is currently in the budget. Charlene works 20 - 30 hours per week. 2nd - d'Arcy Bosell, the zoning Administrator position. I have budgeted for 16 hours per week, the same as it was this year. The position can't be a temporary part-time position any, longer. It needs to become a permanent part-time position (that means we will pay PERA and prorated benefits). If we make the position permanent part-time we should advertise the 'position. I plan to continue this position as is until the Council completes the code enforcement position which may replace the zoning administrator position. * Also, Ginny VanVleet, in the Building Department - we believe should become permanent part-time the way we recommended the position originally. Ginny is on PERA because she had been on PERA in Ham Lake before she came here. We would pay her prorated vacation and sick leave. She works 20 hours per week. COUNCIL ACTION MOTION BY '\ , -/TO SECOND BY , , IJ i " t ( , -- " ,-.J * Attached is a revised salary schedule. I have revised a few positions: 1. The Building Department Clerk that didn't get a pay adjustment after she started and she has fallen behind where she should be; Note change in Market Place recommended 1989 salaries. 2. I have reduced Treasurer recommended salary to bring it in line with my pay plan that I have been using the last 2 years. The plan keeps people in the comparable worth range where they should be. * Shirley and I want to reduce the employee splits as soon as the salaries are decided on. * The union negotiations will not be until January 25th. The Council (11/22/88) excluded the Public Works employees from the 4% across the board increases the other staff will receive until the Council acts on the proposed salaries to make Andover more competitive. * A part-time Fire Marshal has been funded (11/22/88). Currently, the Fire Marshal is elected by the Fire Department. I believe this should be changed and the Fire Marshal be hired by the City Council and make this position responsible to the Administrator as the duties can be coordinated with the other related departments. If Ray Sowada, the current Fire Marshal, would be the selected person, this would cause a people shortage in Public Works. If he would be the selected person, it may be reasonable that he could act as Code Enforcement Officer and/or zoning Administrator along with the Inspector. * Benefi ts The insurance coverage ha~ increased a great deal this past summer so Andover's $125 for family coverage is not keeping up with others in our Anoka County group. Anoka 1988 $170/mo. family 1989 $182.50/mo family Blaine 1988 $185/mo. family 1989 $195/mo. family health, life & dental Coon Rapids 1988 $180/mo. family 1989 $200/mo. family Anoka Co. 1988 $178. 20/mo. family Andover 1988 $125/mo. family \ 'J . . " ,- I , - ,; I-' I-' I-' N N N W I-' N N I-' \~ w I-' I-' N .... .... ~ 'tl .l>o N co U1 U1 " 0 N CO .... CO UI W " UI I-' U1 01'& .... N N \D en~ " " . . " " " " " " . " f. 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Government Training Service 202 Minnesota Building 46 East Fourth Street Saint Paul, Minnesota 55101 612/222-7409 , '\ '-_/ After the Election...Council Quick start "We floundered as a Council for two years before we could operate as a real team with everyone going in the same direction. I wish there were a quicker way to learn the decision making process." THERE IS The short life cycle of a council makes the initial months after an election a critical time to re-envision the future and set priorities. Effective councils find that meeting with a facilitator sometime during January through March is extremely valuable in laying a solid foundation for the next two years. Talking informally in an out-of-the-office retreat setting opens channels of communication and provides an opportunity to exchange ideas and concerns without the constraint of a vote pending. Skilled facilitators from Government Training Service work with you to identify common concerns and design a seminar or workshop which suits your time and budget needs. A leadership retreat gives councils a chance to: . Learn about each others' goals, priorities and special concerns . Work together better . Focus activity toward implementing successful and lasting change Call Mary Sabatke (612/222-7409 or toll free 800/652-9719) for information. , ) Member Organizations Association of Minnesota Counties League of Minnesota Cities Minnesota Association of Regional Commissions Minnesota Association of Townships Minnesota Community Colleges State of Minnesota University of Minnesota . -. ..' '_,;-":r-"'7':"""~"_~"''"'..''''';~~''-' C -'--.".- ...-:""'-' ~---~. ;-.,.........- '. -.....- .._~-..__....- -~-..;.. -.-.:....... - ._~, '--~'.".... '-..' -. - -------...' ,- -..... ~--. " '\ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Januarv 10. 1989 AGENDA SECTION NO. ORIGINATING DEPARTMENT Building Department ::~9~ f FOR ITEM NO, 6. Building Permit Fees BY: David Almgren I am recommending an increase in permit fees from the 1982 U.B.C. Schedule 3A, adopted January 12, 1988; R#012-88, item #3 to the 1985 U.B.C. Schedule 3A. The increase in fees would be approximately 50% per 100,000 valuation. The permit fee from the 1982 code is $433.00. The 1985 code is $639.50; a difference of $206.50 (48%). This would help offset the need in the budget and also bring us in line with the cities of Blaine, Coon Rapids, Fridley and Anoka which have the 1985 code. I have talked to Ham Lake, East Bethel and Oak Grove building officials and they will be recommending adoption of the 1985 code. We are all trying to have the same permit fees or very close to the same to keep it uniform. MOTION BY " -' TO COUNCIL ACTION SECOND BY ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION January 10, 1989 AGENDA SECTION NO, DATE ORIGINATING DEPARTMENT Planning ITEM NO. CDBG Budget 7. BY: Jay Blake Planner The City of Andover should begin the process to obtain Community Development Block Grant funds. The City Council is asked to review the enclosed memo regarding funding alternatives and a proposed three-year 1988-1990 budget. I will be at the meeting to discuss the budget and CDBG process. COUNCIL ACTION MOTION BY '-- TO SECOND BY -, ,,) CITY of ANDOVER MEMORANDUM Andover City Council TO: COPIES TO: FROM: DATE: REFERENCE: James Schrantz, City r Jay Blake, City January 10, 1988 Community Development Block Grant Budget Discussion The time is fast approaching when the City of Andover must outline the 1989 - 1991 Community Development Block Grant budgets. In the past, Andover has utilized these funds. to remove blighted homes and promote neighborhood revitalization. The program has been very successful. The development emphasis within the city has shifted to the clean-up of the Commercial and Industrial district. The City may want to consider utilizing CDBG funds to develop a commercial blight program to aid in the clean-up of junk yards and abandoned buildings within the City's Tax Increment Financing District. It is also time for Andover to update the Comprehensive Plan. The Comprehensive plan was last revised in 1979 and approved in 1982. Since then, many additions and updates to sections of the plan have been made. This has left some aspects of the Comprehensive Plan inconsistent with City Ordinances. Also, the rapid population growth experienced by Andover necessitates a closer examination of residential and commercial development policy. Several (3) requests for CDBG funds have been received from human service agencies that serve low-income populations within Andover. The City may want to consider these proposals for funding. Additional information on each of these organizations will be available later in January. The City could develop a funding application and consider requests on a case by case basis. Please consider the following budget summary a starting point for discussion purposes only: Funding Allocation: 1988 - $34,563.00 -, '-~ 1989 - $32,834.00 (Assuming a 5% reduction from 1988) 1990 - $32,834.00 $100,231.00 (3 year total) , ) Page 2 CDBG Budget Discussion projects Blight Removal Residential Commercial Compo Plan Revision Human Services Total Year 1988 $34 .5631 Carry -0- -0- ove() $ 3 , 9 t4 -0- -0- $34,563 1989 , $26,800 $2,100 $32,834 1990 -0- $17,234 $13,200 $2,400 $32,834 (Less Carry Over) $21,168 (Plus Carry Over) $40,000 $4,500 $100,231 Total $34,563 Please consider this budget a starting point for discussion purposes. The estimated 1989 and 1990 budgets are based on a 5% reduction in funds from the federal government. The actual amount of funds granted to each community is based on funding categories. If a certain category is filled (ie. Economic Development of Community planning), all requests are trimmed to meet overall budget constraints. The enclosed letter from Urban Planning and Design of Apple Valley is a rough estimate of the costs to revise and update the City's Comprehensive Plan. John Voss met with Jim, Todd and myself to discuss the costs of such a project. " </ .' -' ",- >..~....:-- ",- ...,,-,---~:-.... ,.-.'-',' __'r-_. .,..,,, ,'--- -..... -.-.,' '--'_."._ _ - '. _,_, ..,.-. "..~_' ~.._..__ _ ___ '" ,r:.. ..~_. __._ ....--.;-.,c _ "-'W' ..~.. ,- '\ ) \J~~ PLANNING ..aI1... ANn DESiGN, n~C. 7300 IV. /47th St, . Suite 504 . Apple Valley, Mn. 55/24 . (6/2) 43/-440/ John S. Voss. President January 4, 1989 Mr. Jason Blake, City Planner City of Andover 1685 Crosstown Blvd. N.W. Anoka, Mn. 55304 Dear Mr. Blake: It was a pleasure to meet with you, Schrantz and other members of your staff. opportunity to tour the City. City Administrator, Jim I also appreciated the In accordance with your request, I have herein prepared a preliminary proposal for the update of the Andover Comprehensive Plan. If we proceed, I assume a more specific contract would be prepared. Time Frame: It is estimated that preparation of the Plan, including public meetings, adoption and Metro Council review would require 12 to 18 months. Scope of Study: It is understood that the City desires a complete update of all chapters of the Plan since the current Plan was prepared about ten (10) years ago. At the outset, we would prepare a scoping document to insure that all issues desired by the City, would be addressed. Estimated Cost: It is estimated that the cost of preparation and attendance at meetings would be $37,500.00. Out of pocket expenses for travel and printing the final draft would be at an additional expense estimated to be $2,000.00. We look forward to working with the City on this project and if I can be of further assistance at this time, please advise. Yours Truly, 9!~:s .' " ,_) JSV: fw PLANNING LANDSCAPE ARCHITECTURE SITE DESIGN (J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 10, 1989 AGENDA SECTION NO. ::~pJ" / I have attached the report from John Davidson discussing the cost of the water tower and trunk costs as previously discussed. ORIGINATING DEPARTMENT Engineering ITEM 8. NO. Water Tower and Treatment BY: James E. Schrantz Note on the second page the estimated water treatment cost per well is $437,000. We will be applying for a grant for the water treatment as may be mandated by the Health Department. COUNCIL ACTION MOTION BY '-- TO SECOND BY r--..., ~.iKDA T.oL TZ. KING. DUVALL. ANDERSON AND ASSOCIA TES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUl. MINNESOTA 55101-1893 612/292.4400 FAX 6121292-0083 December 14, 1988 Honorable Mayor, and City Council Andover, Minnesota Re: Water System Analysis Andover, Minnesota Commission No. 9381 Dear Mayor and Council: We have reviewed the area and connection charge assessments for the Urban Service District and projected trunk source and storage costs. This report was prepared in accordance with City Council direction December 6, 1988. The total estimated cost does include Tank No.2 and Pumphouse and Wel I No. 4. It does not Include trunk overslzing within plats or treatment facilities, which are estimated at $486,400 per wel I instal led. The estimated construction cost, engineering and City cost is $4,421,100. The assessed area, connection and I ateral charges through 1988 construction will equal $4,094,588. The revenue produced t ran user charges shoul d al so establ I sh a capl tal cash reserve for emergency and operati on and mai ntenance costs. We have reviewed this with the City staff, City Attorney and the Accountant as directed. A review with the City Council is scheduled for December 27, 1988. Sincerel y yours, ~~ ~oh' L. O,vl'se', P.E. J LD:adh Enclosures ~J u ESTIW\TED CAPITAL fiST ANDOVER TRUr-K SCXJRCE AND STORI'/3E Con,$truqion Engl neer:-.LJ19.'_'..JoJ.?L_ Well No. 1 $ 7 2,344 $ 1 0,577 $ 82,921 Pumphouse No. $ 154,921 $ 22,649 $ 177,570 Well No. 2 $ 117,024 $ 14,693 $ 131,717 Pumphouse No. 2 $ 93 ,3 21 $ 29,638 $ 122,959 Tank No. 1 $ 482,088 $ 39,857 $ 521 ,945 Control s $ 32,345 $ 10,832 $ 43 , 1 77 Trunk Watermaln 85-8 $ 409,018 $ 67,513 $ 476,531 Well No. 3 $ 109,217 $ 9,562 $ 118,779 Pumphouse No. 3 $ 145 ,391 $ 31,000 $ 176,391 Trunk Watermain 87-3A $ 21 4,51 9 $ 22,846 $ 237,365 Trunk Watermai n 87-38 $ 130.090 $ 13.855 $ 143.945 Subtotal $1,960,278 $273,022 $2,233,300 Trunk Watermal n 87-11 $ 233.700 $ 35.000 $ 268.700 Total (Prev ious Projects> $2,193,978 $308,022 $2,502,000 ESTIMATED CITY fiST (+10%> $2,752,200 Tank No. 2* $ 823,000 $ 82 ,3 00 $ 905,300 Well No. 4 * $ 136,000 $ 23 , 1 00 $ 1 59, 1 00 Pumphouse No. 4* $ 150 ,400 $ 25,6 00 $ 176,000 Trunk Watermaln 88-35* $ 240.685 $ 36.100 $ Z7 6 .7 85 Total (Proposed ProJ ects> $1,350,085 $167,100 $1,517,185 ESTIMATED CITY fiST (+10%> $1,668,900 Total Watermaln Trunk Source and Storage $3,544,063 $475,122 $4,019,185 ESTIMATED CITY COST (+10%> $4,421,100 Water Treatment per Wel 1* $ 380 ,000 $ 57,000 $ 437,000 ESTIMATED CITY COST (+10%> $ 480,700 * Estl mated Costs , \ ,.j , '.. \, ) j \I , I II j I ,,;;~~('. , l ' , , , . 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