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1987-05-04 CC Minutes . . . " COUNCIL MINUTES MAY 4, 1987 The regular meetlng of the Albertv1lle Clty Councll was called to order by Mayor Loretta Roden. Members present 1ncluded Gary Schwenzfeler, Donatus Vetsch, Don Cornel1us and Bob Braun. Others present lncluded Maureen Andrews, Gary Meyer, Ken L1ndsay, Chuck Eberhard, Sergeant Don Llndell and Deputy Blll Correll. There was a motlon made to approve the agenda. The motlon was made by Bob Braun and seconded by Don Cornel1us. All were ln favor and the motlon carrled. There was a motlon made by Gary Schwenzfe1er and a second made by Don Cornel1us to approve the mlnutes of the Aprll 20, 1987 meetlng. All were ln favor and the mot1on carrled. Don Cornellus made a motlon to approve the b1lls, WhlCh was then seconded by Gary Schwezfeler. All were 1n favor and checks 1~~t through1'~were approved. and (:."'a..C.k.. w.. a., (~~ c. cc.~ Maureen requested that the Councll conslder charglng for assessment searches for tltle companles, real east ate offlces and anyone else other than the property owner. Maureen lnformed the Councll that ln checklng most of the surroundlng cltles charge anywhere between $5.00 and $10.00 per assessment search but most have the POllCY that they do not charge a resldent of the Clty for a search done on thelr prlvate property. After some llmlted dlScusslon there was a motlon made by Donatus Vetsch and seconded by Don Cornellus to charge $10.00 per assessment search for all searches other than prlvate party ones. All were ln favor and the motlon carrled. There was a motlon made by Gary Schwenzfeler and a second by Donatus Vetsch to approve a llmlted beer llcense for St. Albert's Parlsh for thelr May 9th Actlon. All were ln favor and the motlon carrled. Loren Kohnen, the Clty's BUlldlng Inspector was present to report to the Councll hlS flndlngs on Andy's Manufactur1ng located on Co. Rd. 19. The Councll had recleved ln thelr packets Loren's Notlce of Vlolatlon on the condltlons out at the slte of Andy's. The Councll was lnformed that a hole had been dug and that the materlals left laYlng around the slte wre belng burled, that there was lots of Juck laYlng around the slte and that the fence surroundlng the propoerty was falllng down and was ln really bad shape. After a lengthy dlScusslon lt was agreed that Maureen should send a certlfled letter to the buslness to assure that they had recleved tne Notlce of Vlolatlon on May 2, 1987. It was also agreed that materlals sould not be burled on slte and that contact should be made wlth the Mlnnesota Pollutlon Control Agency regardlng the potentlal for problems. lt should be futher noted that 1f the problem 1S not ,resolved wlthln a certa1n '" . . . COUNCIL MINUTES PAGE 2 perlod of t1me that the Clty would be forced to take futher act10n regardlng the problem and any costs 1ncurred by the Clty would be assessed agalnst the property. The Counc11 was lnformed the loren gave the C1ty'S Wastewater Treatment fac1l1ty two Ilfe Jackets to use In connectlon w1th the pond system. The Councll that h1m for h1S thoughfulness and told hlm that they were sure that they would get lots of use out of them. The next 1tem d1scussed by the Councll was the poss1bl1ty of havlng the BU1ld1ng Inspector do the sewer 1nspect10n as part of the other 1nspect1on charges already 1ncluded on the BU1ld1ng perm1t. Chuck sa1d there-mlgbt-be certaln language In the Sewer Use Ordlnance relat1ng to the Wastewater Operator's control over the system WhlCh would 1nclude the 1nspect1on of the system. he stated that 1t would be best to look at the ord1nance before any actlon was taken. Other d1Scusslon centered around how much tlme 1t takes to do a sewer 1nspect10n and that 1f the BU1ld1ng Inspector dld the 1nspect1on lt would free Ken up the t1me 1t takes to do them. It was dec1ded that 1t would be best to cont1une the d1Scuss10n at the spec1al meet1ng on May 11, 1987 at Wh1Ch t1me the Councll 1S to look at 1ncreas1ng sewer connect10n rates and 1nspect10n fees. Paul and Jane Oal1eden were present to request ass1stance from the Counc1l In gett1ng the1r bUllder to respond to correct1ng the1r home Wh1Ch has a garage floor that 1S at a lower elevat10n then the flnal grade of the street. The property owners asked the Clty wr1te the bU1lder request1ng that they 1nform the C1ty 1n wrlt1ng what they propose to do to solve the problem. Chuck entered 1nto the dlScuss10n as well because he had talked to the owners of the house and the eng1neer who slgned the slte plan. He 1nformed the bU1lder's eng1neer that he would not make any dec1s10ns on what would be 1n the best 1nterest of the C1ty w1thout see1ng plans and that the plans would need to come through the Clty of Albertv1lle's off1ce before he would be w1ll1ng to look at them. The property owners lnd1cated that they were not happy w1th the proposed correct10n be1ng presented by the bU1lder. They feel that 1t w11l requ1re alot of ma1ntenance and that lt w1ll not resolve the problems of heavy ralns or snow melts. The proposed plan 1S for a "french Oraln", that 1S a system that slowly dra1ns away excess water. It was the 1nd1cat10n of the C1ty Eng1neer that a french dra1n may not work well when the llkely problems w1l1 ar1se when there are heavy ra1ns and when there are the freeze/thaw per10ds of normal spr1ng snow melts. It was f1nally agreed that the C1ty should send a letter to the bU1lders-- Oynam1c Oes1gners, stat1ng that the C1ty lS requestlng a full set of plans, a letter expla1ng what lS to be done and assurances that the home owner 1S 1n agreement w1th the Solutlon. The letter 1S to glve the bU1lder's 15 days from the date of the letter to f1nd an agreeable Solut10n to the problem or the C1ty would look at poss1b1e act10n that could be taken from the C1ty's p01nt of V1ew. In add1t10n, the C1ty Attorney suggested to the property owners that they contact a prlvate attorney to see what opt10ns they had 1n gett1ng the problems resolved. flnal1y, 1t was also suggested that Oal1eden's contact an eng1neer1ng f1rm to be assured that what ever 1S proposed w11l 1n fact work to the1r advantage. . . . COUNCIL MINUTES PAGE 3 Two members of the Wr1ght County Sher1ff's Department was present at the Counc11 request to d1SCUSS some current problem In the C1ty. The Offlcers present Included Sergeant Don LIndell and Deputy Blll Correll. Most of the d1Scusslon focused on the Clty Park and the problem wlth 3 and 4 wheelers. The Counc1l was Informed that the Sherlff's Off1ce IS maklng regular patrol of the park In an effort to reduce the problems down there. Councllmember Vetsch brought up an Incldent that had occurred the Thursday evenlng the week before Involvlng a 3 or 4 wheeler. It was the the feelIng that the offlcer had Ignored a vlolator and dIdn't t1cket the problem. The d1Scuss1on of extra llghts were brought up. It was agreed that addIt10nal llghts out 1n the shelter area would llkely deter some or all of the problems the Clty has had at the park shelter. The d1Scusslon then went back to the problems wIth 3 and 4 wheelers. The Councll was lnformed that If they knew who was caus1ng the problems that they need to contact the Sherlff's Offlce and that Deputy wlll follow up wlth the problem by gett1ng the chlld and the parents Involved~ The Important key IS communlty Involvement when It comes to thlS type of problem. The next Item dlscussed wlth the SherIff's representatlves IS the speedlng on 51st Street In the mornlng and mldafternoon when there are Shlft changes at Hordls Brother's and Truss Manufacturlng. There was a request that a radar check be set up on 51st Street to see If It slows the traff1c down. The other problem on 51st Street and some of the other streets leadlng 1nto the Indsutnal Park focus on the amount of "truck traffl.c". There was a request that an extra eye be kept on these problems as well. Before the Sherlff's representat1ves left Gary Meyer suggest that they look at the ordlnance regulatlng charglng for f1re calls that were started wlthout a burnlgn permlt. It was at the request of the flre Department that the CIty develop an ordlnance that would assess for fIre calls that occur when someone IS out burnlng off grass, weeds, etc. wlthout a permIt WhIch then gets out of hand and the department I IS then called out. Comments regardIng the ordlnance focused on recreatlonal flres and what needs to be obtaIned In order have that type of fIre. It was the feelIng of the CouncIl that thIS type of fIre shouldn't be Included as a mIsdemeanor charge but could be consldered a petty mlsdemeanor In the case that the fIre got out of hand. It was agreed that Gary would make a couple changes regardlng the flnes and other areas of of concern for the CouncIl. WIth the changes suggested to Gary Meyer the CouncIl dec1ded to pass the motIon and then forward It to the two effected TownshIps requestlng that they pass on the same motIon. The motIon to approve OrdInance 1987-1, AN ORDINANCE REGULATING OPEN BURNING AND ADOPTING MINNESOTA POLLUTION CONTROL AGENCY AIR POLLUIOTN CONTROl REG- ULATION NO. 8 BY REfERENCE. The motlon was made by Gary Schwenzfeler and the second was made by Bob Braun. All were In favor prOVIded that all the needed changes were made. Maureen was then requested to forward coples to the Otesgo and frankfort Townshlp. Mr. Jlm Walsh, a representatlve of the Albertvllle Development Corporatlon, was present to thank the Council for bUYlng the Admlnlstrator's share In COUNCIL MINUTES PAGE 4 . the Corporat10n. The group feels that lt was a good example of the Councll's commlttment to the development of the Clty'S future. Jlm next lnformed the Councll that the Development Corporatlon lS looklng at 1nstalllng a central dlrectory and lS 100k1ng to the Clty for some suggest10ns and poss1ble commlttment to the proJect. It was agreed that nothlng would be done unt11 the marketlng proJect 1S completed by Bruce Nelson. It was suggested that the Councll report back to Maureen thelr feedback on the slgn and she wlll In turn report to the Development Corporatlon. LeRoy Bernlng and Ken Barthel were present to get the flnal plats for Barthel Manor--2nd Add1tlon approved. The Councll was lnformed that the Plann1ng Commlsslon had revlewed the flnal plat and had move to recommend approval to the Councll. Gary Meyer then 1nformed the Councll that he had revlewed the abstracts and the consent to plat slgned by Br1dget Breun and sald that from the legal standpo1nt everth1ng was In order. After a Ilttle dlScusslon, a mot10n was made by Gary Schwenzfe1er and a second was made by Donatus Vetsch to approve the f1nal plat for Barthel Manor--2nd Addltlon. All were In favor and the motlon carrled. . The next ltem dlscussed was the Indemnlflcatlon and Holdharmless Clause that was prepared by the C1ty Attorney 1n connectlon w1th the Jaycee's Llm1ted 3.2 Beer Llcense. Gary lnformed the Councll that he had developed a general agreement so that 1t could be used for more than Just the Jaycees. After rev1ewlng the agreement there was a mot10n made by Gary Schwenzfeler and a second by Donatus Vetsch to approve the INDEMNIFICATION AND HOLDHARMLESS AGREEMENT. All were 1n favor and the mot10n carrled. Gary next dlscussed wlth the Counc11 the f1nd1ngs on the Parkland questlon. In revlewlng the 1nformatlon from the League of Mlnnesota Cltles, Gary agrees that the C1ty can not exchange or sell the parkland Wh1Ch lS located at the corner of 51st Street and Barthel lndustrlal Dr1ve. It was declded that noth1ng else should be done about the park at thls tlme, because of the Park Board's grant appl1catlon. M1ke Potter was present to request the support of the C1ty Councll 1n the LAWCON grant appllcatlon. The Counc11 was shown the proposal for the park located at the corner of 51st Street and Barthel Industr1al Drlve. The Councll was 1nformed that because the Ct1Y does not have a Comprehens1ve Plan that the C1ty would need to pass a resolutlon maklng park development a number one prlorlty 1tem for the 1988 budget year. It was agreed that the Counc11 would commlt up to $155,000.00 toward the grant appllcatlon as long as there was an understand1ng that the C1ty'S share would lnclude volunteer labor, commltment from the dlfferent organ1zat10ns ect. A mot10n to th1S effect was made by Donatus Vetsch and seconded by Don Cornel1us. All were 1n favor and the motlon carrled. . M1ke also asked that Ken spend some tlme In the Park gettlng thlngs ready for the Park Revlew Commlttee. Some of the ltems needlng taklng care of lnclude the removal of the spnng from the "duck nde" and exposed na11s on the cllmblng equ1pment. COUNCI~ MINUTES PAGE 5 ~ . Kne L1ndsay was present to update the CouncIl on the school he had attended. In add1t1on he also updated the Counc1l on the Wastewater Treatment fac1llty. He requested that he be allowed to purchase a 20 gallon portable gas tank wi pump for the back of the pIckup so that he can carry gas out to the pond sIte when he 1S uS1ng the portable pump system. The dIScussIon then focused on what stIll needed to be done by PCI. It was agreed that after the meetIng on May 5, 1987 Chuck would be forward1ng a letter to PCI glv1ng them one week to complete the remaInIng work or the CIty would be contact1ng the bondIng company. The councIl agreed that thIS was the correct actIon at thIS tIme. Ken next d1scussed wIth the CouncIl the problems arls1ng as the result of the way JOInt Powers IS flushIng the system. Gary Schwenzfeler agreed to br1ng 1t up at the next meetIng of the J01nt Power's Board. The next 1tem d1scussed was the problem wIth the dumpIng that 1S occurlng on the CyrIl Beaudry property on Barthel Indsutrlal DrIve. After some dISCUSSIon It was deCIded that the CIty should prepare a letter that the Beaudry's would SIgn dlrectlng the Clty to take some actlon to correct the problem. Some optIons could Include puttIng up a no trespasslng SIgn, recontactIng the EPA and DNR regard1ng dumpIng In a natural wetland. Gary Meyer and Maureen are to prepare somethlng In the near future. . The last Item Ken LIndsay wanted to dISCUSS was the maIntenance of the draln fIeld out In Barthel's Industrlal Park. Ken felt that the CIty was to maIntaIn all of the system (Includlng the DraIn FIeld ) for one year and felt that the fact that Ken Barthel had a horse on the property was a vl01atlon of tresspassIng. Ken Barthel Informed the CouncIl that he felt the Sltutlon had not been handled correctly because Ken Llndsay had called hIS 12 year old daughter tellIng her that Ken needed to get the horse off CIty property rlght-a-way. Ken Barthel asked Gary what was hlS oplnlon of the Developer's Agreement regardIng the draIn fleld. They both were under the same opInIon that once the ponds were completed that the property would revert back to Barthel. It was also agreed to that It would be best that the developer's agreement be looked at In more detaIl to be sure on thIS oplnlon. Ken LIndsay overtIme calendar was reVIewed by the Councll. It was suggested that the begInnlng balance be lIsted at the begInnIng of the month so that the CouncIl can see how many hours were added each month. Chuck Eberhard next reVIewed wlth the CouncIl the FeaSIbIlIty report for Barthel Manor--2nd Add1tIon. (each member of the Counc1l recleved a copy of the report before the meetIng.) In rev1ew1ng the alternat1ves 1t was the recommendatIon of the C1ty EngIneers to go WIth Alternat1ve 12 Wh1Ch would cut across an area of Frankfort TownshIp. ThIS alternatIve would requ1re an easement from Ken Barthel and Gary Meyer belIeves the approval of Frankfort Townshlp. . Chuck has 1ndlcated that Meyer-Rohlln has used thIS method In the past, but Gary Meyer feels that the Issue needs to be looked at before the publIC hearIng. Other 1tems dIscussed Included the fact that LeRoy thought that the land had been bought by Ken Barthel for the purpose of haVIng the lIne run across the property. There was a motIon made by Gary Schwenzfe1er and a second by Donatus Vetsch to approve Alternat1ve 12 of the Feas1bll1ty report provIded that Gary Meyer found 1t to be ~n acceptable proceedure and that the CIty was able . . . ~ COUNCIL MINUTES PAGE 6 to get the bless~ng of frankfort Townsh~p. All were ~n favor and the feas~b~l~ty report bor Barthel Manor-2nd Add~t~on was accepted. There was then a mot~on made to set the Publ~c Hear~ng of the Improvements. The mot~on was made by Bob Braun and seconded by Don Corne1~us to set the Imprvoement Hear~ng for June 1, 1987 at 8:00 p.m. for Barthel Manor-2nd Add~ton. All were ~n favor and the mot~on carr~ed. Chuck next updated the Counc~l on the work be~ng done ~n Barthel Manor Addt~on and Psyk's 4th Add~t~on. He told the Counc~l that the gravel had been place ant the the test were be~ng run on the streets. There was a quest~on ra~sed about the the easements and who was to get them ~nto shape. Chuck ~nformed the Counc~l that he would have to look ~nto the matter and let the Counc~l know. The blacktop work has not really gotten underway. Some patch~ng of areas has been started but that ~s all at the present t~me. Chuck Informed the CouncIl that the perm~ts have been submItted to the Department of TransportatIon so that the C~ty can determ~ne what has happened to the casIng for the waterlIne that runs under the freeway. As soon as the EngIneer's offIce hears anythIng they w~ll let the CIty know what optIons we have. The Counc~l approved one bUIldIng ermlt on the followlng motlon: Permlt 126 for Barthel Constructlon at 5289 Lannon Avenue-- New Home. The mot~on was made Don Cornel~us and seconded Bob Braun. All were In favor pendlng payment. Gary Schwenzfeler and Loretta Roden Informed the Councll that they had been out to Vlew the PPM Water Problem. Chuck sald that he would try to contact the propoerty owner to see what can be done to solve the problem. No formal councll actIon was taken at thIs tIme. Gary Schwenzfe~er was asked to take the Councll's concerns regard~ng the water tower overflow demage back to the Jo~nt Power's Board meet~ng. The overflow resulted In yard and garden demage to Donatus Vetsch back yard. W~th no other bus~ness there was a mot~on to adJourn. by Gary SchwenzfeIer and seconded by Donatus Vetsch. and the meet~ng was adJourned. The mot~on was made All were ~n favor