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1988-04-04 CC Minutes . . . COUNCIL MEETING MINUTES APRIL 4, 1988 The regular meeting of the Albertvllle Clty Councl1 was called to order by Mayor Loretta Roden Councl1 members present lncluded Gary Schwenzfeler, Donatus Vetcch, Bob Braun and Don Cornellus Others present lncluded Maureen Andrews, Bob Mlller, Bob Sullentrop and Ken Llndsay The agenda of the evenlng's meetlng wac reviewed by the Councl1 A motlon to approve the agenda was made by Gary Schwenzfeier and seconded by Donatus Vetcch All were In favor and the motion carr led A motlon to approve the mlnutes of March 21st was made by Bob Braun and seconded by Donatus Vetsch All were In favor and the motlon carr led Gary Schwenzfeler made a motlon to approve the mlnutes of March 24th Don Cornellus seconded the motlon All were In favor and the motlon carr led The JOlnt Powers amendment to the Operatlng and Authorizatlon Agreement regardlng the posslbllity of lncreaslng the hook-up fees was revlewed by the Councl1 The Agreement recommends an lncrease of $200 00 per Water Aval1abl1ltv Connectlon (WAC) fee charged by the Board, but does nothlng to lncrease the ratec charged for water ucage . . . Durlng the dlScusslon concernlng the amendment, the Councll agreed that the lncrease of $200 00 In connectlon charges lS falrly oteep and that lt should not be ralsed so olgniflcantly wlthout ralsing the rates as well It was the mutual feellng of the Councll that the rates should support the operatlon of the JOlnt Powers more than lt currently doeo It was pOlnted out that the Board has relled more on the use of the WAC fees for coverlng the day-to-day operatlons of the water system when a User Charge system has been establlshed for that purpose The Councll felt that lt was lmportant that the Board reVlew the rateo and charges and adJust them so that they better reflect the purpooe for WhlCh they were eotabllshed It was also pOlnted that the Board should be concerned about whether or not sufflclent funds are avallable to cover expenses that mlght lncur from repalrs to the water towers and wells over the next 5-10 years Slmllar to the Councll's past dlScusslon regardlng rates charged for Clty serVlces, some money should be speclfically earmarked for thls purpooe Donatus Vetsch made a motlon to send the amendment back to JOlnt Powers for further reVlew Don Cornelluo oeconded thls motlon All were In favor and the motlon carr led The Councll next heard from the Malntenance Department Ken Llndsay told the Councll that the street sweeplng could begln wlthln the next two weeks and the street repalro and crack fllllng wlll be done after that The Councll was lnformed Gary Schwenzfeler and Ken Llndsay looked at Albert Barthel's garage The roof needs repalr and the door lS entlrely too small to SUlt the needs of the Glty It was declded that the cost to repalr the garage was not worth the Cltv puttlng forth the tlme and money to move lt out to --, . the Wastewater Treatment Facil~ty o~te Ken Llndoay commented that he would l~ke to see a small pole bUlldlng erected for storage at a cost of $2,000 or $3,000 There wao no further d~scuss~on or act~on taken on the matter and Ken that told the Counc~l members that the lce was off the pondo he would start the d~scharg~ng proceos ~n about three weeko Ken next dlscussed the oubJect of gravel for the dlkes at the Wastewater Treatment Facll~ty w~th the Counc~l Ken oald he would l~ke to see gravel from the pondo build~ng to the spl~tter (a control structure) on the front slde of the pond and to the control structure on the back o~de of the ponds . Ken pointed that s~nce the d~ke has been shaped already, that 4 inches of gravel on top should be suff~c~ent Ken also said that the C~ty would not have to do all the work ~n one year Ken was asked how much money he though ~t would take to do the amount that he wants to do thlS f~rot year? Ken stated that $2,000 or $3,000 ~n gravel would go a long way Gary Schwenzfeler agreed that the work should be done now ao everyth~ng ~s ~n good ohape There was some dlocusslon regard~ng whether or not funds were available from the L~qu~dated Damages, ~t was agreed that there were fundo rema~nlng from the PCI settlement but the exact amount was not known It was agreed that Maureen ohould check on ~t for the next meet~ng Ken asked for approval to spend up to a certain dollar figure and have as much gravel brought ~n to make up the amount Don Cornellus suggested that the C~ty allocate $3,000 for the . gravel and the necessary work . Bob Braun sald that he would llke to see the Clty get some prlces per truck load or per ton for the gravel before havlng lt brought ln spread The other members of the Councll agreed wlth Braun's suggestion 00 Ken was Boked to obtaln three blds for the gravel work to be revlewed at the next meetlng Ken next pointed out that the ad ln the Crow Rlver Newo for the sale of the used equipment by the Clty wao run under legal lnstead of the clasolfleds It was agreed to run the ad one more week under the classlfled ad oectlon Ken Lindsay also questloned the reason for sealed bids The mlnutes should note that lt was ouggested by the Clty'S attorney at a preVlOUS meetlng, and decided upon by the Councll, to use sealed blds as a way of the Clty belng fair in It'o negotlatlons wlth potentlal buyers . Ken next asked the Councll about hlS request to attend ponds school ln Albany May 10-13 He stated that early reglstratlon lS encouraged There was some dlScusslon on what the work load wlll be llke in May, and whether or not Mlke wlll be back to work The Councll felt that until they had a better ldea about these lssues that they would not be able to approve the school The pondo school declsion was agaln tabled untll the next meetlng There was some dlScuoslon regardlng Mlke'o progreso and when he might be allowed to come back to work Maureen lnformed the Council that Mlke lS currently ln physlcal therapy now but that he wlll not be able to come back to work full time untll the doctor glveo him a clean blll of health . The next malntenance ltem wao the dlScusslon regardlng Ken'o presentatlon at the Annual Wastewater Operator's Semlnar Ken lnformed the Councll that he thought lt had gone well and Bob Sullentrop, who also attended the semlnar stated that Ken had ln fact done qUlte ann lmpreSSlve Job . The 1ssue of the d1tch that runs along the ra1lroad track5 beh1nd 57th Street from Just below the water tower for about 500 to 600 feet was d1scussed at some length It was p01nted out that the d1tch 1S f1lled w1th d1rt, garbage, brush, gras5 cl1pp1ng5, etc, caus1ng the water to not dra1n It appears that the d1tch needs to be cleaned out by the lntake 50 that the water can begln mov1ng agaln Ken and Donatus have rev1ewed the problem and Ken does not th1nk that a backhoe w1ll be able to get back there to do the work . Bob M1ller ra15ed some quest10ns as to who 1S causlng the problems and who 1S respons1ble for the clear up It was pointed out that the problem 1S the result of several 1nfluences, first the ra1lroad has come along an cut out the bush along their property lett1ng 1t fall were it may and that 50me of the property owners are a150 dumplng grass cl1pp1ng5 and brush back in the area as well It was also p01nted out that the problem 1S compounded because k1d5 then go back 1n along the d1tch and bU1ld water dams cau51ng more blockage to occur Bob was a5ked whether or not the ra1lroad could be held respon5lble for some of the cost lncurred 1n cleanup 51nce some of the brush 15 from where they had done brush clear1ng? And whether or not the property owners abutt1ng the d1tch have some respons1b1llty 1n ass1stlng 1n keep1ng the d1tch clear of debr1S? Bob 5tated that In both case5 there could be 50me respons1bllity attached to the adJoinlng propert1e5 Slnce the dltch 1S a natural water way and the ea5ement may fall w1th1n the conf1nes of the property llne . After hear1ng some further di5cuss1on, lt wa5 agreed that Maureen Andrews would send the ra1lroad and the property owners a letter reflect1ng the problems w1th the d1tch Gary Schwenzfe1er sald that he and Ken would get me a llSt of the propert1es affected by the problem . . I. In addltlon to the standlng water 1n the d1tch area 1t was also p01nted out that there lS al60 water 6tand1ng 1n tne road dltch along Barthel Industrlal Drlve Donatus Vetsch quest10ned where the water 16 lt comlng from? It appear6 that there could be some problems wlth water backlng up lnto the dltch as the result of locatlon of the road In the Greenhaven Estates It appears that there could be a problem wlth the posltlon of the culverts In the addltlon It was declded that Maureen would get a copy of Omann"s plat from Frankfort Town6hlp to see 1f the problem can be located so the water will no longer be restrlcted Bob Sullentrop next 1nformed the Councll that the plans and 6peC6 for street lmprovement 1988-1A and for sewer, water and storm sewer improvement 1988-3A were not qUlte ready but could be approved Bob Mlller presented the followlng resolutlons to the Councll for approval RESOLUTION #l--RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISING FOR BIDS FOR STREET IMPROVEMENT 1988-1A Gary Schwenzfeier made the motlon to adopt thls resolutlon WhlCh was then seconded by Don Cornellus All were In favor and the motlon carr led RESOLUTION #2--RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISING FOR BIDS FOR SEWER, WATER AND STORM SEWER IMPROVEMENTS 1988-3A The motlon was made by Gary Schwenzfe1er and seconded by Don Cornelius to adopt th16 resolutlon All were In favor and the motlon carrled . . . Someone questlons whether or not the Clty has a recourse for the cost that are lncurred ln the lnstance when the Clty knows the name of the owner who choose5 not to plck up thelr anlmal Bob Miller pOlnted out that the Clty has the optlon to clte a mlsdemeanor charge agslnst the owner 5hould the Clty be faced wlth unpald flnes and boardlng charges With no other dlScus5lon a motlon was made by Don CornellUS and seconded by Gary Schwenzfeler to adopt ORDINANCE 1988-3, ENTITLED "AN ORDINANCE LICENSING AND REGULATING THE KEEPING OF DOGS IN THE CITY OF ALBERTVILLE AND REPEALING ORDINANCE 1975-1 WITH RESPECT THERETO All were In favor and the motion carrled Bob Braun next made a motlon to approve the agreements wlth Mr Davld Stromberg for the transportlng of anlmal5 to the Cltv of Montlcello and wlth the Clty of Montlcello for the boardlng of dogs once they have been lmpounded Don Cornellus seconded th15 motlon All were In favor and the motlon carr led The Council next revlewed the rezonlng ordlnance for the 105 acre plat known as Westwlnd from commerclal to the dlstrlcts of residentlal and multlple dwelllng In addltlon the ordlnance places the land lnto the planned development dlstrlct Bob Mlller revlewed wlth the Councll the fact that the ordlnance amends the zonlng on the entlre 5ite so that lt cOlnclde5 wlth the layout of the concept presented by the Darkenwald group Wlth no other dlScus5ion, Donatus Vetsch made a motlon to adopt ORDINANCE 1988-4, AN ORDINANCE AMENDING ORDINANCE NO 1975-5 'REGULATING THE USE OF LAND. THE LOCATION AND THE USE OF BUILDING AND THE ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPOLATION IN THE CITY OF ALBERTVILLE, MINNESOTA" BY AMENDING THE BOUNDARIES OF THE RESIDENTIAL DISTRICT (RD), . . . MULTIPLE DWELLING DISTRICT (MD), AND PLACING LAND INTO THE PLANNED DEVELOPMENT (PD) ZONING CLASSIFICATION Bob Braun seconded the motlon All were In favor and the motlon carr led Bob Mlller next lnformed the Councll that he had met wlth the Darkenwald group regardlng the lS5ue of the park land dedlcatlon He told the Councll that lt appeared that they would go along wlth the Councll's wlshes regardlng the addltlonal money to be pald at the tlme the addltlonal multlple dwelllng unlts and the commerclal development The Developer's Agreement wlll be amended to reflect these changes The lncome received and the bllls to be pald were revlewed by the Councll The Albertvllle Famlly Care Center blll was not to be pald, but forwarded to Employees Beneflt Admlnlstratlon under Mlke Merge's Workman's Compensatlon clalm The Councll was lnformed that Ken had requested that the Waldor Pump blll be held untll he recelves answer on some questlons concernlng the blll Wlth no other dlScusslon, a motlon was made by Donatus Vetsch and seconded by Don Cornellus to approve the bllls All were In favor and checks 8600 through 8629 wlth the exceptlon of check 8608 were pald Maureen Andrews revlewed wlth the Councll the upcomlng scheduled meetlngs Staff meetlng on Tuesday, Aprll 5th, Bob Mlller's offlce at 2 30 p m JOlnt meetlng wlth the Development Corporatlon RE Marketlng Materlal, Wednesday, Aprll 13th l . Bob Mlller next presented the lnformatlon pertalnlng to dog control The lssues dlscussed lncluded the contract wlth Davld Stromberg for transportlng the anlmalo to Monticello, the agreement wlth the Clty of Montlcello for holdlng the anlmalo and the fees to charge for animals plcked up wlthln the Clty llmito The Councll dlscussed what would be reasonable charge for lmpoundlng the animal There was some concern that lf the Clty charged to much that we would faced wlth the problem that people mayor may not plck thelr anlmal up from the dog catchers After a lengthy dlScusoion, the Councll agreed upon the followlng fees First Impound Fee - $ 20 00 Second Impound Fee - $ 50 00 Each Addltlonal Impoundment - $100 00 . The next ltem dlscussed was the agreement between the Clty of Albertvllle and Mr Stromberg for transportlng the anlmals to the Montlcello pound The agreement lays out th~ responslblllties of Mr Stromberg under the contract wlth the Clty of Albertvllle for WhlCh the Clty agrees to pay $12 50 per plckup, after havlng been bllled by Mr Stromberg It was pOlnted out that the Clty of Albertville should be relmbursed by the owner for the transport fee at the tlme they come In to pay the lmpound fees . The Councll next revlewed the agreement to be entered lnto wlth the Clty of Montlcello for holdlng the lmpounded animalo The City of Montlcello wlll charge the owner $6 75 per day for boardlng the anlmal and that the owner wlll be reoponslble for paYlng the fees prlor to the release of the anlmal It was noted that In the case of anlmals that are not retrleved from the pound the City wlll be responoible for any costs lncurred (lncludlng the boardlng and destroYlng the anlmal lf necesoary ) . . . Board of Rev1ew Meet1ng on Tuesday. Apr11 19th. 7 00 pm, at C1ty Hall The Counc11 wac also 1nformed that Marlynn Corcoran of Champ11n would be present that even1ng to d1scuss what they have done regard1ng the1r garbage contracts The next 1tem on the agenda for approval by the Councl1 was the on and off sale llquor 11censes for RONAY'S ON MAIN ALBERTVILLE BAE< 152 CLUB HACKENMUELLER'S Don Cornel1us made a mot1on to approve the l1quor l1censes for Ronay's on Ma1n, Albertv11le Bar, 152 Club and Hackenmueller's pend1ng the C1ty rece1v1ng proof of 1nsurance and bond coverage for each of the 11cense app11cat1ons and pend1ng payment of the app11cat1on fee Bob Braun seconded th1s mot1on All were 1n favor and the mot1on carr1ed Gary Schwenzfe1er brought to the Counc11's attent10n that there has been dump1ng on the Beaudry's property off Barthel Industr1al Dr1ve There was some d1scuss1on about the area be1ng cleaned up and that a "No Dumping" s1gn posted It was pointed out that a posted s1gn may not enough, because 1n the past the s1gns have Just been put up but then removed It was the fee11ng of the members of the Counc11 that add1t1onal steps w111 need to be taken to stop the problem from occurring aga1n It was suggested that a barr1cade or some type of fenc1ng may need to be 1nstalled to stop the problem once and for all Maureen w111 contact Beaudry's about th1s problem and see 1f the C1ty could get perm1ssion to go onto the property and clean . . . lt up once and for all and then install the necessary slgns and barrlcades to stop the problem from occurrlng agaln The lssue was tabled untll the next meetlng The Councll was lnformed that the latest lssue of the League Qf Mlnnesota Cltles Update was avallable for reVlew ' Gary Schwenzfeler suggested a temporary Solutlon to the phone problem be that Maureen glve Ken's number (497-3145) to the staff people so that they would be able to get through to Maureen if the other Ilne was busy It was pOlnted out that this Ilne would be Ilmlted to staff and short phone conversatlons There was no other buslness so a motlon was made to adJourn The motlon was made by Donatus Vetsch and seconded by Don Cornellus All were ln favor and the meetlng adJourned ~~