1988-10-17 CC Minutes
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CITY OF ALBERTVILLE
POBOX 131
ALBERTVILLE, MINNESOTA 55301
PHONE (612) 497-3384
COUNCIL MINlrrES
ccrOBER 17, 1988
The regular meetmg of the Albertv1lle C1 ty Coonc1l was called to ordel
by MayO! Loret t.a Roden Members present illcluded Bob Brawl, Don Cornel1us and
Donatus Vetsch Council member Gary Schwenzfe1er was absent Others present
illcluded Maureen Andrews, Bob M111er, Thore Meyer, Bob Sullentrop, Ken Lmdsay
and 1..or1e V1llal~al
The agenda for the evening' s meetlng was revlewed by the Councll Ion
CeJrnel1uo made a motlon and Bob Braun seconded 1 t to approve the agenda All
were lil favor and the motlon carrled
The mlnutes of Q::tober 3rd were revlewed by the Councll HearuJg no
add 1 tlon or correctlons, Ionatus Vetsch made a mot10n to approve the mmute&
Ion Cornel1us seconded the mot10n All were m favor and the mot1on carr1ed
A motlon was made by Ion Cornel1us to open the Publ1c Hearmg on the
PROPOSEr) WATER, SANITARY SEWER, STREET AND STORM SEWER IMPROVEMENT NO 1988-7
(Part A) Donatus Vetsch seconded the mot1on All were ill favor and the motlon
carr led
Maureen Andrewo then read the Publ1c Hearmg Not1ce
Ebb Sullentrop gave a reVl8W of the proJect costs whlle the Counc1l
memoors examuled the plans Bob POillted out that the cost of the proJect had
been preoented earl1er, as part of the Feas1bll1ty Report for Savltok1 Sunr10e
Commerc1al Addi tlon (Project No 1988-7) , ill the amclUnt of $208, 0Z'0 The
millutes should note that thlS lilcludes the 75%/25% Sewer Trunk Charge
breakdown o:Lroll1ar to that done ill the Darkenwald proJect
Hearmg no other corrments, Bob Braun made a mot10n and Donatus Vetsch
bec.onded 1 t to close the p;lbl1c hearing All were ill favor and the mot10n
carr led
Ion Comel1us then made a mot10n to approve the RESOLUTION APPROVlOO
PLANS AND SPECIFICATIONS AND ORDERlOO ADVERTISEMENT FOR BIDS FOR WATER, SEWER,
STREET AND STORM SEWER IMPROVEMENT NO 1988-7 Bob Braun seconded the motlOn
All were In favor and the motlon carr1ed The Coune1l was illformed that
notlCe of b1d would be put ill the paper for 10 dayo and th'it b1ds would be
opened on November 4, 1988
Ma/..e our Cm Your Cm
We lnHte Home lndustn BU\lne\\
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The next order of b.1siness was the reVl.ew of the SaVl. tski Sunrl.se
Commercl.al Plat A motl.on was made by fun Cornell.us to open the Publl.c
Hearrng on the SaVl. tskl. Plat Bob Braun seconded the motl.on All were m favor
and the motl.on carrl.ed
The Councl.I was mformed that the County Engmeer' s Offl.ce was concerned
that a traffl.c hazard could ar1.6e l.f there was a connectl.on Wl. th the
developnent of this plat and the fun Savitskl. plat (D J 's Total Home Care
Center)
to the north I t appears that the County Engmeer' s Offl.ce wl.II request that
in the event that Lot 1, Block 1 of the Sunrl.se Commercl.al Plat be Jomed Wl. th
the eXl.strng DJ's lot that they would require that some consl.deratl.on be gl.ven
to closing the present DJ's driveway and relocating the drl.veway t..o 61st
Street (located off C S A H No 37)
I t was pOInted out that Andy Savi tskl. had ral.sed the l.ssue that commented
that the north-south street (Lachman Avenue) does not provl.de any benefl.t to
hl.s property and that he bell.eved that he should not be responsl.ble to
installing the sewer, water. or street m that area It was pomted out tr.lat
the Subdivl.sl.on Regulations require that a plat tl.e together Wl.th the
adjoining property. which would require that the servl.ces be l.nstalled
Secondly 1. t was pointed out that Lachman Avenue wl.II serve as the frontage for
the rear lot m order to meet the min1lWIll frontage requl.rement establ1.shed m
the zonrng ordinance
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The next l.ssue dl.SCU6sed was the concern regardrng the elevatl.on of the
t"f"...ar lots and whether or not adequate drainage could be achl.eved I t wac.
pomted out that there may need to be 60me fl.ll brought m for the property
rot that the lot would be roildable
Other than these issues l.t was pomted out that the plat was desJ.gned and
layed out to best servl.ce the area Wl.th thl.S m mmd l.t was the Plannmg
Comrrnssion's recorrmendation to the Cl. ty Councl.I that the SaVl. tskl. Plat be
approved as proposed
funatus Vetsch made a motl.on and fun Cornell.us seconded l.t to approve the
preluninary plat Wl.th the matter of the driveway on C S A H No 19 berng'duly
noted All were in favor and the motl.on carrl.ed
Bob Ml.ller and Maureen were asked to work out the Letter of Crech t for
the SaVl. t6kl. project so that it will be m place before the work got too far
under way The Councl.I was informed that Brad Farnham would be contacted
regardrng the oondrng requl.rements so that once the contract l.S awarded that
the oond can be structured for sale and the mformatl.on be brought back to the
Councl.I It should be noted that before SJ.gnrng any contract and dorng the
actual work, a meetllJg should be set up Wl.th Andy Sav1.tskl.
The Councl.I next heard from the Mamtenance DePartment on proJect
updates
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Ken Informed the Councll that he had used a patchJ..ng seal on the curbs
whlch had been In need of repalr to see how how the compound worked The
materlals wlll be examIned In the sprJ..ng to see lf 1 t held up
The Councll was next 1nformed that the flre hydrants were ill the process
of beJ..ng ralsed before inclement weather sets In Ken explaIned that the worst
ones were beJ..ng done first SInce the Clty does not have enough klts to ralse
all the hydrants In need of extenslon It was pcnnted out that there would be
some addltlonal luts COD1J..ng on Latour-s contract that m1.ght help for the t1.ITle
beJ..ng Ken commented that the mstallatlon of the hydrantc were not easy t..o do
and that the work was trlcky and t1.ITle consumJ..ng
Ken next Informed that Councll that the Wastewater Treatment Faclh ty has
been treated Wl th the alum and samples have been sent Into to Feed Rl te for
testlllg and lf the results come back oatlsfactory, dlschargJ..ng wlll begIn on
Tuesday or Wedneoday of the followJ..ng week
Ken brought to the Councll- s attention that street Sl.gnO have not been
mstalled In the Psyk - s 4th Add.l tlon Ken ouggested that Doug be Informed
that the Clty now requires that Sl.gns are ordered and mstalled at the
developer s expense It was POInted out that thlS lS a new pollCY estabhshed
when the Developer - s Agreement was PJ,t Into place and that the Cl ty does not
currently have a sJ..gned agreement wlth Psyk regardJ..ng thlS matter No actlon
was taken on th1f. matter
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Ken next suggested to the Councll that a meetJ..ng should be set up wlth
the dlfferent utll1 ty companles somet11De thlS fall, In order to establlsh some
guldeh.nes for utlll ty placement m the new developments that are occurrJ..ng In
Albertvl.lle It was pomted out that lt lS the City-s wlshes that as an
outcome of this meetmg, some type of agreement between the utlll. ty comparues
can be reached regardlllg locatl.ons and mstallatlon ocheduleo as well as
l1IDl tJ..ng the Cl ty - s exposure and keepJ..ng damage down to a mm1IDum (le some
sJ..gnlfl.cant damage was done to curbs thls year) The Councl.I Indl.cated that
they beheved th1.6 wac a good idea and suggested that once thlllgs slowed down
for the wmter that the meeting be set up
It was the Clty Attorney-s suggestl.on that once the group has met and
have estabh.shed some guldelines that the Cl ty ohould draw up an ordmanee
pertamJ..ng to Utlh.ty servlce placement m new SUbdlVls10no Bob pomted out
that the Ordmance would glve the City more leverage In enforcJ..ng the
guideh.neo
The next queo tlon ralsed was who was gOlllg to be responslble for
maintamJ..ng the lce skatJ..ng rmks down at the Cl ty Park. I t was POInted out
that the skatJ..ng rmks had been scheduled to be leveled off when Demus Fehn
comeo m to do the gradmg of the 51st Street Park
The Councl1 was aloo informed that Bob Braun would be checklllg to see lf
the Cl. ty would be able to uoe the Hockey Assoc1.atl.on - s equl.pment SInee the
Cl ty doeo not have the equl.pment needed t..o mamtam the lee and the Hockey
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Associat:lOn dOP.,,6 u6e the rink Ken carmented that the C1.ty e.hould be looking
for a sweeper e.mce a walk behind snow blower was donated by the L1.on r s for
m9.intammg the rmk The Counc 1. 1 was mformed that the blower has been
stored by the Lion r e. durmg the S1..Ul'lDer, tut that 1. t w1.11 be brought back up to
the City r e. Mamtenance Department now that wmter 1.S upon us
The 1.ssue of M1.ke r s wages was d1.scussed next I:bn Cornel1.us m9.de a motl.On
to mc:rease M1.ke r s wages by 50 per hour Before there was any second to the
mot1.on, there was some d1.scuss1.on concerm..ng the wage mcrease
One Counc1.1 member expressed that M1.ke 1.S well worth deserv:mg a ra1.se
He started m July and Ken does not want to start over W1. th another new man
There is enough money left in the b.1dget that the C1. ty can afford the raise
Other commente. exprese.ed were that new wages are bemg negot1.ated for 1989 and
a ra1.se could be Just1.f1.ed after six months W1. th an evaluat1.on
Hear1.rlg no further carments, I:bnatus Vetsch agreed to second the mot1.on
g1.vmg M1.ke a 50 per hour mcrease on h1.s wages All were m favor and the
mot1.on carr1.ed
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The Counc1.1 next heard from Mr Mark Shulstad, the off1.c1.al spokesman for
the res1.dente. of LaSalle Cl.l"Jle, Larabee Circle and Lannon Avenue, concern:mg
the Pheasant R1.dge Apartments Mr Shulstad told the Counc1.1 that the
res1.dents find the apartment complex unacceptable and, at that pomt,
presented the C<..IUllc1.1 with a signed pet 1. t1.on requestmg the property to be
rezoned to smgle family res1.dential Followmg are some of the reaoons the
res1.dents gave to substant1.ate the1.r feelings about not wantmg the apartments
to be tu1.1t
* M1.srepresentation on the part of Barthel Conotruct1.on (seller)
to wyers
*" Misd1.rect1.on on the Counc1.1 r S part as to zonmg
* Property defac:mg value because of "low mcome apartments"
* Excess traff1.c, nol.6e and safety problems
* Lack of water pressure - the problem has never been addressed
properly
* Has proper consideration been g1.ven to the e.l.Ze of the school?
Mr Shulstad commented that the res1.dents w1.11 not rest unt1.1 the 1.ssue
1.S resolved
The Counc1.1 was mformed that a meeting was held with representat1.ves
from the neighborhood and Ken Barthel and his people at which time Ken Barthel
offered to allow the neighbors to select the screenmg m9.ter1.als (trees and
fencmg), the s1.d:mg and shingle selection and agreed to relocat..e the
children r s tot lot away from the rear property Ime of the smgle fam1.1y lots
When th1.s mformation was presented to the res1.dents of the nel.ghborhood they
found that the concess1.ons were totally unacceptable and dec1.ded that they
would take what ever steps possible to stop the apartment complex from be1.ng
btnlt
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The C1 ty Attorney pointed. out that the apartment proposal meets the
requ1rements of the zonmg ord1nanoe and therefore the C1 ty does not have the
rIght to stop the project from going forward I t was further pomted out that
because the development met the requ1rements of the ZOnl.ng orchnanoe that
there was no need for a publ1c hearing on the project J wh1ch 1S the t1me and
plaoe the ObJect10ns are made to the Plannmg Comm1ss10n and the Counc1l
As for the res1dent ' s request for the rezon1rJg J the C1 ty Attorney
explamed that as adJom1rJg property owners, they d1d not have the author1 ty
to request a rezon1rJg of someone else's property BJb M111er explamed that
the rezon1rJg could only occur when the property owner requests that the zon1rJg
be changed J when the C1 ty rezones through the process of amend1rJg a
comprehens1ve plan or when it has been determmed that an error eX1sts on the
zon1rJg map
In th1s mstanoe, the C1 ty would h.k.ely determme that the only rezon1rJg
request that would be acceptable for cons1derat10n 1S one that would be
presented by the property owner One of the res1dents asked for the Col.mc1l's
react10n to t..he 1ssue of rezoning the property in questlOn, prov1ded that they
could get the property owner to go along W1 th the1r request I t was po1nted
out that that the C1ty could not make any determmat10n on th1s 1ssue unt1l
several th1rJgs happened
1 The property owner would have to request the rezon1ng of the
property
2 The 1ssue would have to come before the PlannllJg Comm1e.s10n
f1ret for d1scussion and then, if a need was determmed, a
pub11c hearmg would be called and held
3 The Planning Coo.m1ssion' s recoIl'.Il'1endtlOn would then be forwarded
to the C1 ty Council for final approval
It was noted that the C1ty'S Planning Consultant would h.kely have to be
consulted before mak1rJg any decisions J to get an experts opm10n on the
matter
The C1ty Attorney again stressed the pomt that th1B d1BCU8s10n 1S mute
unt1l such time that the developer makes a request to rezone the property,
be<'-....a.use any act10n by the C1ty to down zone the property agamot the w1shee. of
the property owner could result m a certam aJrJ()UJ'lt of 11 tIgation and that the
Courts have not looked fondly on rezoning wh1ch results m such act10n Past
rul1rJge. of the Courte have proven t..hat C1 t1es Ir.Il..l& t preserve a certam
treatment of lawe. and that the property owner deserves certa1n Protect10ns
under the lawe. of the C1 ty, state and federal government
An explanat10n of downzonmg was prov1ded, since tins is not a common
term used by the C1ty Counc1l fuwnzon1ng occurs when a parcel of land 1S
rezoned from a zon1rJg district t..o another distr1ct for which the requ1rement..e.
are more restrict1 ve In th1s instance it would be tak1rJg a property out of 9.
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zoning distr1ct that allows for a higher density of people on a parcel of land
(1 e apartment) and rezoning the property to a more restrict1 ve d1str1ct such
as s1ngle-fam1ly housLng
I t was pomted out that Ken Barthel as the developer has rlghts too and
that he is developing the land in a manner he feels is appropr1ate g1ven the
layout of the ent1re Barthel Industrial Park concept plan developed at the
time the plat wac brought before the City (approx1IIlately 10 years ago)
I t was al50 pomted out that Ken Barthel has l1kely pald a hlgher tax on
the property because of the IWltiple-family zon1ng on the property
The re51dents questioned why weren't they told what the zon1ng m that
a!"P...a was before they bought the1r homes The C1 ty' s attorney told them that
this 1S a C1Vl1 matter between the royer and the seller. bJ.t m any case there
1S always a 'Buyers Beware" issue that the prosPeCt1ve owner should be
consclence of when making a dec1s10n to purchase a home That 15, a bJ.yer
should take the tune to check out issues that mlght concern them later 5uch as
zoning of the property around them, trafflc patterns, ect The C1ty lS not
respons1ble for what realtors tell people - that 1S a c1v11 matter to be taken
up with the indi vldual real tor
It was pomted out that Ken Barthel had already mve5ted a great of money
mto the proJect at this tune and that the C1ty had means t..o deny the proJect
The re5idents 5tated that regardless of the money that the developer had
mvested, they as a group had mvested more and had more t..o lose
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Michael Coffey, a resldent of the development cormnented that he felt that
Maureen was serv1ng as a representat1 ve for Mr Barthel and that as a result
the Cooncil was not act1ng for the people - the same people who have elected
them lnto off1ce It was pomted out by both the Clty Admm1strator and the
Cl ty Attorney that both sldes of the issue have been pre5ented to the Cooncll
on a regular basis and that each of the Cooncll members were keep1ng m
regular touch wlth Maureen to keep up to date on the matter It was polnted
out that the Cooncll represents the entlre Clty and the Clty Admmlstrator 15
obllgated to tell the Coonc11 of anyth1ng that 1S pertment t..o the lssue
The resldents stated that they have attempted to get the Councll' s
5Upport m th1S 1ssue rot lf the Cooncll 1S not wlll1ng to asS1St them they
w111 have to pursue other opt10ns and go publ1c with the matter lf there 1S no
other alternatlve presented
The Clty'S Attorney pomted out agam that the C1ty Cooncll can not
prejudice themselves by taking a posit10n on a matter such as th1s prlor to a
public hear1ng In d01ng so they would be vlolat1ng the zonlng proceS5
e5 tabl1shed by the ordmance The plan meets all the requl!"P...ments so the Cl ty
really has no authority to turn down the developer' 5 proposal and he would
never adv1se the Cooncll to do so As far a5 rezon1ng, Ken Barthel could come
before the neJ.ghborhood and the Councll to request the land be rezoned There
are other courts of law and the Cl ty has no Jurlsdlctlon It's a matter of
understandlng the pomt of Vlew with the law
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The res1dents were informed that l.f the l:xnlder came m w1th a pernllt
request that there would be no legal bas1S to tell the Developer to stop the
project or deny the 1SSUlllg of the perna ts
The resl.dents then presented the Council W1 th a sJ.grled petl. tl.on to have
somethlllg done about the water pressure D:>natus Vetsch made a mot1on and fun
Corne 1 1US seconded 1t to accept the petitl.on presented to the Councl.l All
were m favor and the mot1on carrl.ed
The residents were mformed that one valve was found to "be closed and
that the other valves m the City would be checked They were also mformed
that the Jomt Powero Board meets the 4th Monday of every month and that the
problem needo to addressed at one of these meetmgs
The Councl.l next conducted the publ1C hearlllgs on asoessment for the
followlllg
* 1981-1 IMPROV>>1ENT PROJECT FOR BARrHEL MANOR 2ND ADDITION--SEWER,
WATER, STORM SEWER, AND STREETS ( GRAVEL BASE ONLY)
.. 1988 -1 IMPROV>>1ENT PROJECf FOR BARrHEL MANOR 2ND ADDITION--STREETS
* 1988-3 IMPROVEMENT PROJECf FOR HARIWCOD fDNDS--SEWER, WATER. STORM
SEWER, AND STREETS
.. 1988-3 IMPROvm1ENT PROJECf FOR WESTWIND--SEWER, WATER, STORM S!t.-wER
AND STREETS
Mayor Roden called the 1981-1 Assessment Hearlllg to order
Bob Sullentrop revl.ewed with the Counc1l and the res1dents preoent the
costs aSoocl.ated wl.th the installatl.on of sewer, water, storm sewer and gravel
base for streets lrt the Barthel Manor 2nd Addltl.on as well ao how the
aosessments were broken down for each of the propertles m the addltlOn (The
mformatl.on preoented has been broken down m more deta1l m the asoeooment
documentat1on included m Council packet )
Aft..er Bob made the presentatl.on there were some questlOns asked l'P~ardlllg
how many lots were assessed and how some of the larger loto assessments were
flgUred Bob explamed that there were 27 lots assessed for the lffiprovemento,
wh1ch l.ncluded the parkland, Dennis Fehn' s property, the Becker /Schroeper s
property and the Barthel Manor 2nd Add 1 t10n property I t was pomted out that
the breakdown of each of these lots were descrl.lJed m the documentatl.on
presented to the Councl.l
Ron and Mary Becker were present regardmg the asoeDoments be1.l1g levl.ed
agamst the1r property The Counc1l and the property owners were lnformed
that the area 1n quest10n had recel.ved 4 connectl.ons for sewer and water
The property owners aoked l.f when the work was "be1.l1g done lrt the addl.tlon
had any consl.deratl.on had been gl.ven to how low the property was? The
engl.neers explalrled that when determinllJg aooeooments a person ohould otand on
the property lme and look at the street to determme benefl. t, because l.n
almoot all caoes a lot can be built on (granted there w1ll "be add1t:l.OnF.ll cost
illVO 1 ved )
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Th~ Becker' c illfonned the CamcJ.I that they felt that they were beJ..ng
unfaJ.rly treated ill thJ.S matter because ill theJ.r opillJ.on the assessment out
weighs any benefJ.t they might receJ.ve from the property and that wJ.th the
other assessmentc already on theJ.r property they wJ.ll not be able to pay the
acsessments off on thJ.s parcel
Mary Becker also illfonned the CamcJ.I that J. t J.S theJ.r opillJ.on that the
area in questJ.on is a oottomless pit, that as children they were not allowed
to play near it and at one tJ.me her father slipPed into J.t and was nearly
drowned
There was addJ. tJ.onal disCU6sJ.on regardJ..ng the matter A member of the
CamcJ.l asked to have the record checked to see J.f Ken &.rthel had agreed to
pay the portJ.on of the assessments attrJ.ootable to the Becker property
After come addJ.tJ.onal dJ.sCU6sion, Ron and Mary Becker have requected that
the coot of the llnProvement be deferred I t was agreed that the millutes
should illdJ.cate that the cost of the acsessment wJ.ll be deferred at thJ.s time
oot w1.ll be Pasced onto any future development of the property ill the form of
a connect1.on charge 1.n the event that land would be developed
HearJ..ng no other d1.sCU6s1on a mot1on was made by Ihn Cornehus and
seconded by Bob Braun to close the hearJ..ng All were ill favor and the mot1on
carried
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A mot1on was then made to amend the 1981-1 Assessment Role for the
&.rthel Manor 2nd Add1tion by deletJ..ng the entry for 11211-500-014404 The
mot1.on was made by Ihnatus Vetsch and seconded by Bob Braun All were in
favor and the mot1on carr1ed
A mot1on wac made by lhnatus Vetsch and seconded by Bob Braun to approve
the resolut1on approvJ..ng the assessment roles as amended All were ill favor
and the motion carr1.ed
A motwn was made which g1ves d1rection to the C1.ty Attorney to draft an
agreement between the property owners and the C1 ty regardJ..ng the 1ssue' of a
connect1.on charge J.f the property would ever be developed ill the future The
mot1.on was Ira-de by Ihn Cornel1us and seconded by Bob Braun All were 1.n favor
and the mot1.on carr1.ed
Mayor Roden called the 1988-1 Assessment HearJ..ng to order
Bob Sullentrop revJ.ewed W1 th the Camc11 and the res1dents present the
coste associated W1. th the lll6tallation of streets, and curb and gutter ill the
&.rthel Manor 2nd Addi t10n as well as how the assessments were broken down for
each of the propert1es in the add1 tion (The illformatI.on presented has been
broken down ill more deta11 ill the assescment documentat1on 1.ncluded ill Counc1.1
packet )
There was some lJ.m1.ted d16CU6sJ.on regardJ..ng the assessment roles Ron
. and Mary Becker V01.(~ed their obJection to the a6secsments bemg charged
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agalllBt thel.r property Councl.l, when consl.derJ..ng the assess~nts, agreed
that the property owner dl.d recel.ve benefl.t from the property and therefore
should be assessed for the full assessment
HearJ..ng no other comments fun Cornell.us made a motl.on to close the publ1.c
hearJ..ng, whwh was then seconded by Bob Braun All were m favor and the
hearJ..ng was closed
A motl.on was then made to adopt the resolutl.on adoptJ..ng the 1988-1A
AoE>eooments for the Barthel Manor 2nd Addl. tl.on The motl.on was made fun
Cornell.us and seconded by Ibnatus Vetsch All were m favor and the motl.On
carrl.ed
Mayor Roden called the 1988-3 Assessment HearJ..ng for Hardwood Pondo to
order
Bob Sullentrop reviewed Wl.th the Councl.l and the resl.dento present the
costs anoocl.ated wl.th the mstallatl.on of sewer, water, storm sewer, streets,
and curb and gutter (part of whl.ch wl.ll be motalled m the SprJ..ng of 1989) :w
the Braun's Hardwood Pond Addl.tl.on as well as how the asseosmento were broken
down for each of the propertl.es m the addl.tl.on (The l.nformatl.on presented
has been broken down l.n more detail m the asseso~nt d~ntatl.on l.ncluded
m Councl.l packet )
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The mmuteo should note that the assessments were presented m two fOrIllE>,
the fl.rst showllJg the assessments agamst the old property tax l.dentl.fl.catl.on
for the land prl.or to the platting and for the new P IDs for the plat
known an Hardwood Pond The Plrpose of the two separate assessrrJE:nt roles l.S
that at the tJ.me the roles were prepared the plat had not been recorded at the
County Courthouse The Councl.l was lllformed that by the tI.me the asoeosments
roles are fl.led Wl. th the County that the plat Wl.ll have bP--en recorded and the
actual oubdl.vl.sl.vn breakdown will be the one rec'..-Orded
There was oooJE: l1.ffil. ted dl.sCU6sl.on regardJ..ng the plat prl.or to the hearllJg
bellJg closed HearJ..ng no other COIrJDents or questl.ons a motl.on was made by Bob
Braun and seconded by Don Cornehus to close the hearJ..ng All were III favor
and the motion carrl.ed
The mmutes should recogrl1.ze that, because of the nature of the way the
Cl. ty bl.d the cone. truction of l.UlProvements, the assessment hearJ..ng for WestwJ.nd
was held before the ansessment roles are approved
Mayor Roden called the 1988-3 Asoesoment HearJ..ng for WeE> tWllld to order
Bob Sullentrop revl.ewed with the Councl.l and the resl.dents present the
costs assocl.ated wl.th the mstallation of sewer, water, otorm sewer, streets,
and curb and gutter m the Westwmd Additl.on as well an how the asseso~nts
were broken down for each of the propertl.es m the addl. tl.on (The mformatl.on
presented has been broken down m more detal.l m the aDoeooDJent docurrJentation
mcluded m Councl.l packet )
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Representatives of John4]eorge, Inc ra1sed the1r concerns arout how the
game plan had changed smce they first came to the C1 ty The C1 ty has
instl tuted Developer's Agreements, Park Land Ded1catlon Ordmances and POD
requ1rements all durmg the t1ll'le that the Westwmd proJect wac bemg proposed
and developed In addit10n there have been other problems which have affected
the Westwmd project directly b..:tt w111 affect the ent1re development of the
City, such as the County Ditch No 9 issue
The Developero want to be assured that they are not bemg made
respons1ble for p1ckmg up the cost of the C1ty'o new pohcy that m the
future other developers will receive the benef1t of The Counc11 aS5ured the
developers that the point was well taken and that m fact they have not been
responsible for carrymg the b..:trden of the growmg pa1n6 the C1ty 1S gomg
through
Hearmg no other d1sCU6s10n or COUJDer1ts a mot10n was made by Bob Braun to
clooe the pubhc hearmg, which was then seconded by fun Corneliuo All were
m favor and the mot10n carr1ed
A mot10n was then made by Don Cornehus to accept the assesSDlent roles
for the 1988-3A Improvement ProJect for Hardwood Pond and Westwmd funatus
Vetsch then seconded the mot10n Cornel1us, Vetsch and Roden were ill favor of
the motion and therefore 1t carr1ed The Dl1nUteS should note that Braun
aootamed from votu!g because of h1s relat10nsh1p W1 th the Hardwood Pond
project
. Mayor Roden called the Assessment Hearmg on Sewer Arrears to order
The mmutes should note that Mr Steve Praught was present to V01ce h1s
(~oncern that he was bemg charged unfa1r ly for sewer usage because he draws
water from h1s outs1de tab for h1s well dr11lmg busmess The Counc11
mformed hlm that they were not aware of th1s and that h15 water uoage would
be rev1ewed and adjusted 1f necessary He was told that he ohould explore the
poss1b1hty of gettmg an annual pernut from the Jomt Powers to draw the
water from the pump house to ehmmate th1S problem
The mULUtes should also note that Mr Jerry 0' Leary of Hord1o Brothers
was present to quest10n how they f1le an obJect10n regardmg the1r b1lhng
He wac 1nformed that they IW6t suanit a formal not1ce of the obJect10n to the
C1ty regard1ng the assessment The C1ty Attorney suggeoted that the C1ty and
Hord1s representat1ves meet and try to resolve the matter m tllnely fash10n
HearJ.ng no other comments a motion was made to close the heanl"!g The
mot10n was made by Donatus Vetsch and seconded by fun Cornehuo All were m
favor and the mot1on carried
A mot10n was then made to adopt the dehnquent oewer accounts The
mot10n was made by fun Cornelius and seconded by Bob Braun All were m favor
and the motion carr1ed
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The s1gl1 requeot for DJ's was rev1ewed by the Counc1l Everythmg bemg
requested at the present tJ.Dle exceeds the standards presented m the S1gl1
pernnt There was some d1sCUBs1on about puttLng together a S1gl1 package wh1Ch
would then be presented to the C1ty Counc1l for reV1ew One of the lssueo
pomted out lS that there are three tenants m the buildLng, wh1ch would allow
for some add1t1.onal sJ.gnage fun Sav1tsk1 and LeRoy Bernmg representmg DJ s
mformed the Counc1l that they wanted as many SJ.gl1S as POOs1ble but that the
reader board' S1gl1 was the top pr1or1ty The "readerboard" would be part of
a logo for DJ's
It was po1nted out that smce reader b(~rds are allowed for servlce
stat10n use only, thlS matter would have to be d1scussed at some length The
Clty's PlannLng Consultant probably would be consulted for hlS advlce and a
posslble comprehens1ve plan for the entlre bu1ldLng drawn up
Issues ralsed regardLng "reader boards" mcluded
1 Reader boards present several controvers1al lssues
a They are a lIlaJor dlstractlon to hJ.ghway trafflc
b They are very expensive
2 They are an excellent form of advert1sLng
I twas pomted out that most Cl tles do not allow reader boards of any
oort (It should be noted that m reV1ew of the C1ty Ordmance regardLng SJ.gl1S
the use of mechan1cal reader boardf. are strlctly Prohlbl ted) There was no
further d1Scusslon and lt was agreed to have a meetLng oet up to dlSCUSS what
POSo1billt1es DJ's t~
Ken Llndoay brrJUght up the fact to the Councl1 that DJ' s lS mtereo ted m
buYLng the Mars 0 treet sweeper for $650 00 However, they can't use 1 t unt1l
sprLng The Councll wlll declde later about the sale of the sweeper and w1ll
let DJ know
It was also declded to sell the cub cadet tractor by sealed b1d for a
m1rllIrlUIl1 of $250 00 The engine is good blt the tranSII11SS10n lS not real goc.xl
and the mower needo work
DJ S needo the t1 tIe on the 1969 equipment veh1cle that they purchased
from the City The C1ty Admmistrat10n needs to flnd thlS t1tle and get lt to
DJ's ao soon aD posD1ble
The Topl1r1e 61gn request for the Plnllips 66 stat10n wac revlewed next
The S1gl1 1S a pylon S1gl1 and a small local S1gl1 featurLng the logo and loc....al
serv1ce The 61gl1 trJlgets the he1.ght requ1rements (12x12 , 50 feet above ground,
7x7 and 6x7) and meets the gI..udelines accord1ng to the Cl ty ordmance The
feeD for the S1gn& along W1th the perm1ts are due 1r1 to the Clty
A trJotlon was made by fun Cornellus and seconded by funatu6 Vetsch to open
the publ1c hearLng on the 1989 Annual Budget All were ln favor and the
PAGE 11
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hear.ll1g opened A copy of the Annual fudget lS avallable upon requeot due to
the length of the document
A questlon was ralced concern.ll1g the $3, ~ t20 for speclal proJects that
the Mamtenance I};partment has requested Ken explamed that thlS $3.~
Speclal ProJects fund would be hke a general fund for th.ll1gs hke dl teh
c lean lng , ete He stated that there lS no set aslde funds for unexpected
problems Donatuc stated that he felt the fund should be 1 temlzed and the
general consencuc of the rest of the Councl1 memberc was that they would
rather put the money mto Repalrs and Mamtenance Any l.IDUCed morl1ec could go
into a surplus fund and the money would ctay in that department It wac. then
agreed to put $15021 t20 more into Repalrs and Mamtenance and the remam.ll1g
$15021 00 would be lnt..o the Speclal ProJects fund
There was a questlon ralsed about the Sewer Enterprlse Fund WhlCh was
clarlfled when the Councl1 was mforll'led that the flrst page of the fund was
missing There was a questlon raised about the $51,~ t20 deflcit WhlCh chows
on the cecond page of the documentatlon for the Sewer Fund ThlS wac.
explamed that the deflclt shows smce lt the account.ll1g procedure uced to
depreclated the constructlon of the Wastewater Trv:-...atment Faclh ty
The other quec tlon ralsed had to do Wl th the number of build.ll1g perml ts
Ubed m mak.ll1g one of the calculations for the General Fund I t was pomted
out that an est1D1ate of 40 buildmg perml ts was used for flgUr.ll1g revenue and
fuild.ll1g Incpector fees (ThlS was based on a calculation done ear her in the
year for sewer connectlons )
Hearing no other qUestl0ns or comments, Bob Braun made a motlon to
approve the 1989 Annual fudget D:>natus Vetsch seconded the motlon All were
m favor and the motlon carried
Don Comellus made a motlon and Donatus Vetsch seconded 1 t to table the
Ordmance Regulatlng the Use of Recreatlonal Vehlcles and Provldlng a Penalty
for Vlolatlon Thereof untl1 the next meetJ.ng All were m favor and the motlon
carried
The Councl1 next heard from the Clty's Engmeers It was pomted out that
the new hft statlon is not yet in workJ.ng condl tlon Latour will be
fmlshing the work they have scheduled yet thls week or next week
There are plIes of dlrt by the turn lane to be used for constructlon
purposes The engmeerc will have to push the contractor to get the work done
Bob Sullentrop presented to the Councl1 a pay requec t for Latour
Constructlon m the amount of $32,158 09 Donatus Vetsch made a motlon and Don
Cornehus seconded 1 t to approve the pay requeo t for Latour constructlon m
the aD101.IDt Of $32. 158 09 All were m favor and the motlon carrled
The mcome recelved and the blllc to be pald were revlewed next by the
Councl1 Check #9084 for Bnggs and Morgan was questloned It was agreed to
PAGE 12
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double cheok and ... _ "J111Lrrv 01' JIOt, tbia hUl bad been paid at an
...U- date. HaerirC _ 1.11 II Ifi f'.- I nJ te, Danatua Vetach made a .,-ticn to
....... the hUla. DaB o..u. MilIHllhrr tbia B:>t1m. All Mere in favor and
~ &886 ~ ..., IIfllrwt.".." -- paid.
..
IIaureen ADd1'8II8 irdbnlld .. Cbwrll that plee bad been drawn up and an
estiate .i~ fxaa Dla8 ,.,._ '. .. ,-,Udt. of the OQIIlUter furniture. '!'be
fu:ndture will be of cek" .. 1lllllmr ... w:lll t.aka four weeks to OOIIllete. '!'be
...u.ted cast 18 _._.
Don Cornelius .... .... ad lab Bra1m IIIeOOIlded it to flO ahead with
tbe cqprt.er fum1ture. All _ .. favor aMi the B:>t1m carried.
~ alao ..ticMlt .. "-* :Qple with the Atlas CoIQpany needs ..,re
'ti.- but will be in ~ wi. 1M OiW.
1'be atop work Older CD ..tis IrNlkUDre e!en 1188 .i~ by the State.
1hare was no ottc' '"'~'\U rlflI Q'C' et.:.tl """fits 80 a D:>tion to adjourn the
...-tm. 11M... by ~ fili1ln... ~ by Don Cornelius. All were in
favor ~ the Ie8tin8 1Id.1ouI1.1ra1.
~~On~
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