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1986-10-06 CC Minutes CITY OF ALBERTVILLE . ALBERTVILLE, MINNESOTA 55301 PHONE 497-3384 COUNCIL MINUTES OCTOBER 6, 1986 The regular meet~ng of the Albertv~lle C~ty Counc~l was called to order by Mayor J~m Walsh. Members present ~ncluded Gary schwenzfe~er, Oonatus Vetsch, Don Cornelius, member Bob Braun was absent. Others present ~ncluded Maureen Andrews, Barry Johnson, Gary Meyer and Don Bern~ng. The assessment hear~ngs for Barthel Res~dent~al--Pha8e II, Beaudry's 2nd Add~ton, Psyk's 4th Add~tion and Barthel Manor was opened and then stopped ~n order that the m~nutes of the September 22nd Counc~l meet~ng could be approved. There was a mot~on made by Gary Schwenzfe1er and a second by Don Cornel~us to approve the m~nutes. All were ~n favor and the m~nutes were approved. . The assessment hear~ng for Beaudry's 2nd Add~t~on was reconvened. Barry Johnson expla~ned the C~ty's pol~cy has been ~n the past to assess OB a per lot bas~s and that he had worked under that same assumpt~on. At th~s t~me Mayor Walsh read the Not~ce of Assessment Hear~ng, po~nt~ng out that no appeal can be taken from the assessment unless not~ce ~s g~ven to the C~ty wr~t~ng on or before the t~me of the hear~ng. . The records should note that no not~ce of appeal was present to the Mayor or the Clerk at the t~me of the hear~ng. The records should also note that there were people present for the hear~ng (see attached l~st). At th~s po~nt Barry went through the assessments (see attached assessment roles) expla~n~ng some of the po~nts. Once he had gone through the roles the floor was opened for quest~ons. Mr. Schm~dt of Buffalo asked ~f ~t was poss~ble to add to the assessment once ~t had been cert~f~ed any add~t~onal costs? It was expla~ned that no addit~oBal assessments would bev~ed aga~nst the lots, unless ~t was for a seperate proJect and not part of the ex~st~ng proJect underway. It was also expla~ned that normally ~t ~s common not to assess the proJect unt~l after ~t has been completed but because to the bond structure ~t was nescessary to assess for the proJects before ~t was completed. . There were some add~tlonal quest~on for Barry, but really d~rected towards the construct~on aspects of the proJect and not the assessments. There was no further d~scuss~on so a mot~on was made to approve the assessment for 1986-1 Improvement ProJect. Make our CIty Your CIty We inVIte Home, Industry, BUSiness COUNCIL MINUTES PAGE 2 . The mot~on to set the assessment for 1986-1--Beaudry's 2nd Add~t~on was made by Gary Schwenzfe~er and seconded by Don Cornel~us. The mot10n set the 1nterest rate for 8% w~th a 12 year payback. All were 1n favor and the mot10n was passed. The assessment hear~ng for Beaudry's 2nd Add~t10n was closed. Mayor Walsh next opened the hear~ng for Barthel Res1dent1al--Phase 2. Mayor Walsh read the not1ce of hear1ng (attached) and referred to d1scuss10n to Barry Johnson so that h~ ould expla~n the assessment roles. It was f1rst noted, that 52nd Street had been removed for the assessment roles and placed on the the roles for the Industr1al Dr1ve because of the Tax Increment f1nanc1ng 1nvolved 1n the proJect. Barry aslo expla1ned that ~ncluded on the assessment role were the assessments for Barthel Maple H1lls because of 1t be the most appropr1ate place for the assessment because the work 1S be1ng done as part of the 1986-1 1mprovement proJect. Because Barthel Maple H11ls was 1ncluded an the assessment roles the 8 lots ~nvolved assessments were f1gured to be $3,763.68 Wh1Ch 1nlcudes the san1tary sewer serV1ce and the water serV1ce. All ather lots were assessed at $2,984.37. e The assessments were then opened for d1Scusslon. The only questIon posed was that of who was pIckIng up the cost of the assessments--Barthel construct1on or the property owner. Maureen expla1ned that the CIty has a letter on f1le wIth the Attorney's offIce explaInIng that money had been set aSIde by the seller for the 1mprovement cost. Maureem also explaIned that Ken Barthel 1S also send1ng anotbet letter to the CIty and that she would forward to the property owners once recleved. . Gary suggested that the assessment b1ll be sent to Barthel sa that they can take care of the costs. There was no other dIScussIon so the mot1on was made. A motIon was made by Donatus Vetsch and seconded by Don Cornel1us to approve the assessment role for Barthel Res1dent1al--Phase II wIth a 8% 1nterest rate for a 12 year perIod. All were 1n favor and the assessments were approved. The assessment hearIng for Barthel Resldentlal--Phase II was closed. Mayor Walsh ead the not1ce of the assessment hearIng for Barthel Manor and Psyk's 4th Add1t~on. Barry revIewed each of the proJects Ind1v1dually. The assessments far Barthel Manor 1ncluded water mnfl, water serv1ce, san1tary sewer, san1tary serv1ce, storm sewer and street. The assessments amounted to $4,300.37. . At thIS t1me Don Bern1ng brought up the eX1stlng assessments that had been put an the assessment roles 1n 1979. Because Ba~thel has platted Lot 1, Black 1; Lot 10, Block 5; and Lot 1, Black 6 the eX1sting . . . COUNCIL MINUTES PAGE 3 assessments need to be broken out accord1ng to the the new plat. After some add1t10nal d1SCUSS10n 1t was declded to contlnue the assessment hear1ng untl1 October 14th at the t1me of the assessment hear1ng for the Industr1al Dr1ve. The motIon to cont1nue the hear1ng was made by Gary Schwenzfe1er and seconded by Donatus Vetsch. All were 1n favor and the mot10n carrIed. Barry next rev1ewed the assessment for Psyk's 4th Add1t10n. f1rst of all he p01nted out that $10,444.00 has been deferred to the C1ty unt11 after the strom water run-off study 1S completed to determ1ne who w111 benef1t from the placement of the strom sewer. Barry expla1ned that the typ1cal assessment for a lot would run $4,424.72. At thlS tlMe the assessments were opened for:questlons. Someone asked how the storm sewer would be assessed and Barry explalned that when the t1me came that 1t would be assessed to benefltt1ng propert1es. Doug Psyk requested that Barry provlde hlm wlth a breakdown of the cost of the project on a per lot baS1S. Barry sa1d he would get that 1nformatlon to hlm. Mayor Walsh asked Clem Marx lf he had any questlons that he would 11ke clearlf1ed and Mr. Marx dld not seem to have any. There was a motlon made by Gary Schwenzfe1er and a second made by Donatus Vetsch to accept the assessment role as presented and set the lnterest rate at B% over 12 years. All were ln favor and the motlon passed. Ken T1ernan of the Albertvllle L10ns was present to request the ass1stance of the Clty 1n support1ng the M1SS Albertvllle contest. He explalned that lt cost the llons about $1,000.00 a year and feel that because the Queen represents the whole communlty that some of the otber groups should help support the cause. Along wlth the Clty the 110ns are gOlng to belng asklng the support of the Jaycees, flre Department and the Development Corp, but would llke to see a lead taken by the Clty. Mayor Walsh agreed that M1SS Albertvllle glves the C1ty some recognltlon at the events she attends as a representatlve of the Clty of Albertvllle. The other Councll members agreed and a motlon to share ln the cost of the contest was made. Gary Schwenzfeler made a motlon to glve $300.00 toward the M1ss Albertvllle contest. The motlon was seconded by Don Cornellus. All were ln favor and the matlon passed. ~ It was declded that the money should come from the Park fund,so a new catagory of Advertlslng and promot10n was put ln the budget under Parks wlth $300.00 set aSlde for 19B7. The Councll next revlewed the Budget. Maureen was asked to reVlew each catagory and the then there was some dlScusslon for those present ln the audlence. Because of the amount of tlme the Councll spent on developlng the budget they had few comments. There was a motlon to approve the 1987 Budget wlth the requlred changes (new coples of budget wIll be dlstrlbuted once they are rerun COUNCIL MINUTES PAGE 4 . by the Accountant. Gary Meyer revlewed the Tltle oplnlon done on the Psyk property. EverythIng was In order and the flnal plat can be sIgned once a deed from John Braun IS supplIed. No actIon was needed. Gary next went through the InformatIon he had gotten on the manufactured home park. He Informed the CouncIl that because we are a statutory CIty we can not hold a referendum on Items lIke the adoptlon of an, ordlnance. Gary also revlewed the Oplnlon for the Attorney General's OffIce. No actlon was taken on eIther of these Items. Gary than dIscussed the questlon of electIon fl1lng. There were two questlons that needed to be dlscussed. The fIrst belng a closlng tlme and the second belng a questlon of confllct of Interest. It IS Gary Meyer's opInIon that settlng a closIng tIme for acceptlng appllcatlons for offlce IS consIdered a 07W~ for the CIty and not requxred. (The appllcatlon In questlon was Bob Braun's) . The 2nd questlon was regardlng a conflIct of Interest between a full-tIme Job and servIng as a councIl member. Gary has looked Into the subJect but feels that It IS not a clear cut Issue and would lIke to get an offIcIal opInIon from the Attorney General's Off1ce, but from what he has gathered, If a full t1me Job and the counc1l posItIon IS 1ncompatable the person can not serve on the Counc1l. He does not feel though that It would not d1squallfy a person from runnIng for Off1ce but would have to be consIdered If the person won. (The questIon came up because KevIn Mealhouse works for the CIty'S BU1ld1ng Inspector) · It was dec1ded that Gary should walt to see what the outcome of of the elect10n IS before requestIng an offlclal opln1on. It was, however, agreed that he should seek unoffIcIal advIce from the Attorney General's so that he would better be able to gIve the CouncIl and KevIn a better answer. In both cases Gary felt 1t IS better to Include an applIcatIon for offIce at the t1me submltted because of the fact that state laws provIdes for a way to dIsqualIfy an applIcatIon once accepted, but does not prov1de any way to accept an appllcat10n that was questIoned after the closlng date. The last 1tem Gary address was the Attorney's budget. He told the Counc11 that he would work to the best of h1S abIlIty of staY1ng wlth~n the budget. It was agreed that maybe 1t was better not to have hIm at all Counc11 meet1ngs and when he 1S needed have h1m come to the meet1ng late. The follow1ng bUIldIng permIts were approved on the followIng motIons: . PermIt U 49: 11701 50th Street for Robert Becker New Garage. The motIon was made by Donatus Vetsch and seconded by Don Cornellus. All were In favor. COUNCIL MINUTES PAGE 5 . Perm1t # 50: 11802 50th Street for Ronald Becker -- AddIt1on. The mot1on was ~by Don Cornel1us and seconded by Donatus Vetsch. All were 1n favor and the mot1on carr1ed. perm1t #51: 11819 Larabee C1rcle for Russell Goth -- New Garage. The mot1on was made by Donatus Vetsch and seconded by Don Cornel1US. All were In favor. Perm1t # 52: 5464 Lander Avenue for Doug Psyk -- New Home. - The motlon was made by Don Cornel1us and seconded by Gary Schwenzfeler. All were 1n favor and the perm1t was granted. Permlt # 53: 5224 Lannon Avenue for Barthel Constructlon -- New Home. The mot1on was made by Don Cornellus and seconded by Donatus Vetsch. All were In favor and the ,otlon passed. Perm1t # 54: 11685 51st Street for Bl11 Valerlus and L1sa Klllan New Home. The mot1on was nade by Don Cornellus and seconded by Donatus Vetsch. All were 1n favor. Perm1t # 55: 5556 Lake Avenue for J.J. Construclton New Home. The motlon was made by Donatus Vetsch and seconded by Gary Schwenzfeler. All were In favor. . There was a motIon appo1nt electlon Judges for the November 4th General Electlon. The motlon was made by Donatus Vetsch and seconded by Don Cornellus. All were In favor. There was a motlon to payoff the Temporary Construclton Bond 1984A, pendlng the approval of Sprlngstead. The motlon was made by Don Cornellus and seconded by Gary Scwhenzfeler. All were In favor. . Barry updated the Councll on the Wastewater Treatment facll1ty. At thls t1me we are stlll waltlng for the Impelers for the 11ft statlon, Barry plans on b1lllng the company for the labor to Install the correct 1mpeller. A meet1ng was scheduled wlth PCI for Monday October 13th to dlSCUSS the llquated damages. Barry also updated the Counc1l on the work be1ng done In Beaudry's 2nd Addltlon and Barthel Res1dent1al. Curb and gutter 1S In Barthel, b1tum1nous should be done by the mlddle of themonth. They are start1ng to excavate the streets 1n Beaudry's 2nd Addltlon the week of October 6th. Barry also 1nformed the Counc1l that the pre-construct1on meet1ng for Psyk's 4th Addltlon and Barthel Manor was sheduled for later In the week. Maureen was asked to check on the number of feet of sewer that was suppose to be cleaned and the prlce Ken quoted. Maureen 1S to brIng It back to the next Councll meet1ng. . There was a mot10n to pay b1lls. Checks 7464 through 7497 out of the general account and checks 27-30 of the sewer account were approved on a mot10n made by Don Cornel1us and a second by Gary Scwhenzfeler. All were 1n favor. There was a motlon to adJourn made by Donatus Vetsch and seconded by Gary Schwenzfeler. All were In favor.