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1987-03-02 CC Minutes " . . . l COUNCIL MINUTES MARCH 2, 1987 The regular meet~ng of the Albertv~lle C~ty Counc~l was called to order by Mayor Loretta Roden. Members present ~ncluded Gary Schwenzfe~er, Donatus Vetsch, Don Cornel~us and Bob Braun. Others present ~ncluded Maureen Andrews, Barry Johnson and Gary Meyer. There was a motlon to,:approve the agenda. Schwenzfe~er and seconded by Don Cornl~us. mot~on earned. The mot~on was made by Gary All were ~n favor and the The m~nutes of the February 17th meet~ng were d~scussed and approved II on a mot~on made by Donatus Vetsch and seconded by Gary Schwenzfe~er. All were ~n favor and the mot~on passed. Ms Shuley Hettwer, a,'representatlve of R~te Cable Company and Mr. Gary Matz, local counc~l for Jones Intercable were here to d~scuss the transfer of ownersh~p of R~te Cable Comapany to Jones Intercable. Ms. Hettwer f~rst rev~ewed what R~te Cable ~s currently work~ng on ~n Albertv~lle. She expla~ned that the Buffalo off~ce w~ll be ma~nta~ned w~th the same staff after the transfer of ownersh~p occurs. The Counc~l was ~nformed that R~te had been market~ng ~n Albertv~lle for about 16 days and that once a comm~ttment to hookup to cable there ~s a 3 day lead t~em before the cable ~s ~nstalled. The Counc~l d~scussed w~th Ms. Hettwer the~r concerns regard~ng the re- storat~on work and ~nstallat~on work ~n Albertv~lle. It was po~nted out that ~n several ~nstances d~rt has been sp~ll~ng over ~nto the street and not be~ng properly cleaned up properly. The Counc~l's concern ~s that ~f there would be a heavy ra~n that all that d~rt w~ll run ~nto the storm sewer. It was also suggested that the ~nstallat~on crews could be a l~ttle more pol~te and take the t~me to do the work r~ght. Mr. Gary Matz next address Jones Intercable and the sale. He expla~ned to the Counc~l that there had been a dec~s~on made that Jones would l~ke all the c~t~es effected by the sale pass a resolut~on support~ng the change. Mr. Matz gave the Counc~l some background ~nformatlon on Jones Intercable, stat~ng that ~t ~8 the 13 larges cable company ~n the Un~ted States and that they are aware of the construct~on compla~nts and problems that the Clty has exper~enced recently. He also expla~ned that mater~als had been presented to the C~ty expla~n~ng ~n more deta~l how the company works and what the C~ty should expect to see as the result of the sale. Mr. Matz had prov~ded Gary Meyer and Maureen Andrews w~th a copy of a COUNCIL MINUTES PAGE 2 . resolut~on approv1ng the sale of the sale. Gary Meyer had had an opportunlty to reVlew the resolutlon and made the followlng changes: INSERT I: WHEREAS, Jones has agreed to be bound by the terms and condltlons of the agreement. DELETE I: aR8-~Ra~-R~~e-~a-Re~-~R-8e.aY~~-YA8e~-aAy-e.-~Re ~ePM8-8~-~.eY~e~eAe-e.-~Re-Pe.M~~T Gary's reasons for deletlng the the statement regardlng default IS that at th1s t1me 1t does not appear to be any default but there could be some Instances that the Clty Councll may not be aware of that would be cons1dered default. Mr. Matz understood what the Clty Attorney was gettlng at but wanted to stress to the Councll the Jones IS not Interested 1n bUY1ng a potent1al lawsu1t from R1te Cable therefore feellng 1t was Inportant that the default clause rema~n In the resolut~on. After a rather lengthy d1scuss1on 1t was declded that the default clause would be deleted and the the C1ty would forward a letter to Mr. Matz stat1ng that at thlS t~me we do not know of any default but reserve the rlght to cla1m default If restorat10n IS not properly completed or that somethlng at a later date 1S brought to the attentlon of the Councll. In addltlon, Mr. Matz agreed to have Jones Intercable forward a letter ~ to the c~ty statlng that they agree to the changes made to the resolut~on. There was mot~on made by Gary Schwenzfeler and seconded by Don Cornl~us to approve the resolut10n w1th the changes dlscussed pendlng the Clty of Albertvllle rec~evlng the letter from Jones stat1ng that they agree to be bound by the terms and cond~tlons of the R1te Cable permlt. All were 1n favor and the mot1on carr~ed. There was also some d1Scusslon relat1ng to the Cable Board. It was expla1ned that each Clty should have one representat~ve attend the meet1ng and that the group meets the 2nd Wedunday of the month. Other Issues dlscussed lncluded the compla1nt that the system 1S hazy In some areas, that apart- ment bUlld1ngs need to have a r1ght of entry slgned by the owner of the bu~ld~ng before the Cable company can come In and make the cable connect~on. No actlon was taken on these 1tems. The Councll approved the llcense tranfer from Heldelberg Inn to Ronay's On Ma1n, pendIng Blll's slgnature on the transfer. All l1cense fees had been paId up at the tIme of the~eet1ng. The motlon was made by ~~ ('nCl\iEl,I....<:... and seconded byl5ob13fULl(\ . All were ~n favor and the motlon carr1ed. ~ Gary Meyer asked the CouncIl to make March 24th "DON BERNING DAY" In appreclatlon for hIS 35 years of sernce as CIty CI-erk. In addlbon, ~t was suggested that the Clty subm1t hlS name for WCCO's Good Nelghbor Award for the same day. And flnally make Don the Honary Clerkl Treasurer for the C~ty of Albertvllle. A motlon to th1s order was made by Don Corne11us and seconded by Donatus Vetsch. All were 1n favor and the motIon carr1ed. COUNCIL MINUTES PAGE 3 . The Counc1l was 1nformed that the C1ty had not rec1eved any b1ds for the rent1ng of the farm land north of the Wastewater Treatment Fac1l1ty, and therefore 1S under no ob11gation to readvert1se the land. If someone shows any 1nterest 1n the land the C1ty can enter 1nto an agreement w1th the party. It was suggested that anyone know1ng someone who m1ght be 1nterested 1n rent1ng the land should contact that person to see 1f they would l1ke to rent 1t at th1s t1me. LeRoy Bern1ng of Barthel Construct10n was present to request that a pub11c hear1ng be set on a pre11m1nary plat approval for Barthel Manor--2nd Add1t10n. The proposal 1S for 18 res1dent1al lots on land owned by Barthel between 50th Street and 51st Street. The Counc11 was 1nformed that the plan had been before the P1ann1ng Comm1ss10n and that a pub11c hear1ng had been set for March 26, 1987. There was a mot10n made by Donatus Vetsch and seconded by Gary Schwenzfe1er to set the pub11c hear1ng for Apr11 6, 1987 at 7:30 to g1ve pre11m1nary plat approval to Barthel Manor--2nd Add1t10n. All were 1n favor and the mot10n carr1ed. . LeRoy also asked for the Counc1l's op1n10n on mov1ng the park land north to allow for one row of houses on the north s1de of 51st Street. It was dec1ded that th1s proposal would need to be treated the same way as the proposal last year, mean1ng that the land would need to be appra1sed and assessments would need to be looked at, along w1th property tax 1nformat10n. In add1t10n 1t was dec1ded that the Plann1ng Comm1ss10n and the Park Board need to be 1nvolved w1th the d1scuss10n before any type of d1scuss10n could take place. Other 1tems that needs to be looked at 1S the eng1nner1ng aspects of the land as well as what best serves the res1dents of the ent1re C1ty. It was agreed that there would be a J01nt meet1ng of the Plann1ng Comm1ss10n and the Park Board w1th LeRoy to look at the project and that the two Boards would come back to the Counc11 w1th the1r recommendat10ns. Gary Meyer rem1nded LeRoy that he would need to get the abstract before the publ1c hear1ng so that he would have an opportun1ty to reV1ew them before. Ed Hackenmueller was present to d1scuss w1th the Counc11 the poss1bl1ty of blacktopp1ng the road that runs 1n front of the store and whether or not the C1ty of Albertv1lle would be w11l1ng to share 1n the cost. Barry rev1ewed w1th the Counc1l what ear11er feas1b1l1ty stud1es had shown as poss1ble cost for blacktoop1ng to the end of th1s property. The est1mated cost f1gured to be between $8,000.00 to $9,000.00. . Ed feels that the tax money the store puts 1nto the C1ty that there should be some help 1n 1mprov1ng the street. It was p01nted out that 1n ear11er d1scuss10n that 1f the C1ty shared 1n these cost that 1t would be sett1ng a precedent for future development along the freeway r1ght- of-way, but that 1f decided that there would be some comm1ttement to the project that 1t would have to be because of the Wastewater Treatment Fac111ty. . COUNCIL MINUTES PAGE 4 . Don Cornellus stated that he felt that we neede to look at what lS expended on malntalnlng that road, wlth gravel and gradlng. A good reason to have the road blacktopped would be that lt would cut down on the malntenance problems to that sectlon of road. It was suggested that Barry contact some of the contractors to see what types of cost we would be looklng at for lmprovlng that sectlon of the road. It woas also suggested that lt mlght be posslble to tle the project wlth another one to drop the cost down. The records should show that no actlon was taken on the matter at thlS tlme. A publlC hearlng was set for Ron Andrea for Aprll 6, 1987 at 8:00 for approval of a lot subdlvlslon. The motlon to set the hearlng was made by Don Cornellus and seconded by Bob Braun. All were In favo~ and the motlon passed. There was a motlon made by Gary Schwenzfeler and a seconded by Don Cornellus to approve the Llons and Flre Department's JOlnt purchase of a TV and VCR to be lnstalled In the Clty Hall for tralnlng purposes. All were In favor and the motlon passed. . There was a motlon made by Donatus Vetsch and a second made by Don Cornellus to approve the bllls. All were In favor and check 7756 through 7780 were approved. Charles and Audrey Axels from Otesgo Townshlp were present to dlSCUSS the posslbll1ty of contractlng wlth the C1ty of Albertv1lle In the area of dog catchlng at the request of Councllmember Gary Schwenzfe1er. They explalned how they work thelr buslness and what types of opt1ons the C1ty m1ght have lf the Clty was to contract wlth them. It appeared that there may be some lnterest 1n explorlng the opt1ons In more detall and that 1t should be carrled over to another meetlng. Maureen next rev1ewed wlth the Councll the League of Mlnnesota Cltles Leglslatlve Conference on March 10, 1987. If anyone was 1nterested they were to contact Maureen so reglstratlon could be lncluded when Maureen sent the form In. The date of the Board of Rev1ew appears to be acceptable so no change would be requested of the County. There was some dlScusslon regardlng offlce help for Maureen. No actlon was taken at thlS tlme and dlfferent optlons w1ll be revlewed at a later date. . Barry had prepared for the Councll a Feaslblllty Study on what roads need to be repa1red and a pr10rlty schedule for road malntenance. In addltlon, Maureen had recleved from Spr1ngstead a letter dlscusslng posslble fundlng optlons that the Clty would have ava1lable for maklng these lmprovements. No actlon was taken on the matter so that the Councll would have an opportunlty to reVlew the materlals before any dlScusslon took place. .. . . . ~ COUNCIL MINUTES PAGE 5 $ Ken L1ndsay's overt1me calendar was rev1ewed and d1scussed. It was dec1ded to hold the approval of the overt1me unt1l next meet1ng at Wh1Ch t1me Ken w1ll be requested to be present to dlSCUSS some over- tlme 1tems. Gary Schwenzfe1er asked 1f the warmlng house could be locked up Slnce there IS no lce left and therefore no reason that people be In the warmlng house thlS late 1n the season. It was agreed that Ken should get a lock for the door and close 1t up for the season. Gary Schwenzfeler also brought up the Chrlstmas Turkeys for Ken and Maureen. No turkeys were gIven at ChrIstmas so Maureen was told to p1ck up two now. Eugene Valer1us asked to have Ken check to see If the street slgns for the new areas have been order and get them up so that In case of an emerency the F1re Department wlll be able to flnd where they are g01ng. There was no other buslness so there was a motlon to adJourn. was made by Gary SchwenzfeIer and seconded by Don CornelIus. 1n favor and the motlon carrled. The mot10n All were ~~"i~ ~ Oci~~/CJvcJu