1990-01-02 CC Minutes
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~IL MINUTKS
JANUARY 2. 1990
The regular meeting of the Albertville City Council was called to order
by Mayor Gary Schwenzfeier. Members present included Bob Braun. fun Cornelius.
IbnatuB Vetsch and Jim Krystosek. others present included Maureen Andrews.
Lorie Villa:rea1. Bob Miller. Thore Meyer and Sergeant Bill Correll.
The agenda for the evening's meeting was ~ by the Council. fun
Cornelius made a motion and Jim Krystosek seconded it to approve the agenda.
All were in favor and the motion carried.
The minutes of the ~r 18th Council meeting were reviewed by the
Council. There were no corrections or additions. so a motion was made by fun
Cornelius to approve the minutes of ~r 18th. IbnatuB Vetsch seconded the
motion. All were in favor and the motion carried.
There was no representative present fran the Roger's Area Chamber.
The Council heard an qpdate on Joint Powers.
The Council was told that the new rates have been approved and will be in
effect. There was discussion that a special meeting with limitech may need to
be called in regards to maintenance items.
The contract. which was up the first of the year. has now been settled.
The contract was settled at $37, Bl'E for a two year contract which breaks down
to $3 ,150 a JOOllth.
Discussed under Maintenance was the fact that the rink was flooded this
afternoon and the signs that were posted for no skating were pulled off. tbre
than likely. this was done by kids. Fran now on. the signs will have to be
fastened in such a way that they will not be able to be pulled. off.
The issue of the old City truck was cHRa1SSed. The bid for $tm went to a
Mr. Gerard Zachman who declined the bid because he thought that the winch went
with the IUrChase of the truck. Therefore, the bid of $7m fran Frank
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Bobendrier will be ~ if he is still interested in the vehicle. We have
not been able to contact him as he does not have a phone. We will keep trying.
otherwise. there may be the possibility that we will have to rebid.
An Ordinance pertai.ning to No Alcohol in the Warming House was reviewed
with the Council by Bob Miller. There was a question aOOut why the number of
JOOllths was limited on the o:rdi:nanoe. ThiB is because there is no other use for
the warming house other than storage. Bob also reassured the Council that the
City does have an ordinance in place concerning no glass containers in the
park.
IbnatuB Vetsch then made a motion to adopt Ordinance 1990-1; AN ORDI~
AMKNDltG ORDI~ tV. 1989-15 ENTI'l'LED "AN ORDI~ ESTABLISHItG RULES AND
RmULATlOOS GOVERNItG CITY PARKS AND PROVIDltG A PENALTY FOR VIOLATION
'l'HEREOF" BY PROOIBITltG POOSESSION OF ALalIOLIC BEVERAGES IN A WARMItG HOUSE.
fun Cornelius seconded the motion. All were in favor and the motion carried.
Representatives fran the Albertville Bar and the 152 Club and Sergeant
Bill Correll of the Wright County Sheriff's Office were present to discuss
with the Council the issue of the arrest report made in regards to the 152
Club serving a minor. The issue in question related to the fact that the
arrest report noted that the <:X:Q?laint had been made by the Albertville City
Council.
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The bar owners noted their dissatisfaction regarding the fact that the
arrest report was prepared noting the the Albertville City Council was making
the caQPlaint. Mrs. Arlene Woods noted that she would have preferred that if
the Council had a problem with how the bars were running their b.1sinesses that
the Council would have talked to them first before going to the Sheriff's
Office. Mr. Marv Vetsch of the Albertville Bar noted that he did not feel
that it was a g<XXi reflection on the City Council and the City of Albertville
to be listed as the caQPlainant in an instance such as this one.
At this time the Council was qpdated on this matter and a copy of the
arrest report was made for each member of the Council to review. It was noted
that this was the first time BaDe of the members of Ca.m.cil were even aware of
the issue. Sergeant Correll also reviewed a copy of the arrest report as
well.
In reviewing the report Sergeant Correll noted that it had in fact been
written up incorrectly regarding where the caQPlaint had cane fran. He
informed the Council that he had :received. a phone call fran Maureen Andrews
regarding an anonymous tip she had :received. concerning the possibility of the
bars serving minors and that the City Ca.m.cil had had no involvement with
initiating the caQPlaint. He noted that it was likely that the deIuty making
the :report misinterpreted the information regarding origin of the caQPlaint.
Sergeant Correll noted that because the tip had been anonymous and that
it was general in nature it was the decision of the Sheriff's Office to check
a variety of bars in the whole area. thereby not limiting the caQPlaint to
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. just the city of Albertville.
There was some discussion regarding why the City would pass on an
anonymous tip to the Sheriff's Office . It was noted that the Sheriff's Office
is an extension of the City and that it is the legal obligation of the city
officials and elQPloyees to relay information to the Sheriff's Office as it
canes in.
It was further noted that typically all caQPlaints to the City are
:reported at the time of the <:X:Q,>laint. Marv Vetsch questioned the authority
the City Administrator or any other elQPloyee has in making this determination.
The "usually" point was clarified to say that if it can be determined that a
caQPlaint is civil in nature that the <:X:Q,>liant is informed of the situation
and informed that they need to talk with an attorney . It was noted that in
most cases the information is still passed on to the Sheriff's Office as well.
It was noted that typically the Sheriff's Office will not necessarily act
on only one anonyJOOUS <:X:Q,>laint unless it is life threatening. noting however
that special attention will be paid to the area for which the tip was given.
Sergeant Correll noted that if there are DIlltiple caQPlaints :received
regarding the same matter that the Department will take steps to investigate
the matter as was the case in this instance.
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Because it did not appear that the parties present for the discussion
were satisfied. with the explanation given by Sergeant Correll. he went on to
explain the fact that anonymous tips are difficult to follow through on
because there is no <:X:Q,>1ainant. He noted several instances where the
Sheriff's Office has responded to anonymous caQPlaints regarding issues that
no action could be taken because there was no actual <:X:Q,>laint and the officer
responding could not J:ilysically see any wrong doing. Ibnatus Vetsch, having
been. a former deputy agreed that these situations are difficult to handle.
It was requested that the Arrest Report be corrected to note that the
caQPlaint did not cane fran the City Council. Sergeant Correll noted that the
report was in error and that the Department apologized. brt that since the
incorrect information was in the narrative and the the actual :report
d.<xunentation it would not have any bearing in the outcane of the case at time
of it was heard by the Courts. He noted however that he would speak to the
arresting officer and inform him of the clarification.
The income :received and the bills to be paid were reviewed by the
Ca.m.cil. There were a few questions and after having :received adequate
answers. a motion was made by IbnatuB Vetsch to approve the inoome :received.
and the bills to be paid. fun Cornelius seconded the motion. All were in favor
and check numbers WW9 through W140 were paid.
Approval of the appointments for 1990 were dealt with next. There was
some discussion including the fact that Bob Braun agreed to be the alternate
for the Planning Camdssion since one had not yet been determined.
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fun Cornelius made the motion to approve the 1990 appointments. Bob Bra1m
seconded the motion. All were in favor and the motion carried.
A copy of the levy for 1990 that was sent to the County to be certified
was included in the packet for the Council's review. A motion was made by
IbnatuB Vetsch and seconded by Bob Braun to certify to the County the 1990
levy for the City of Albertville. All were in favor and the motion carried..
An increase of the sewer availability charges was discussed. The City of
Albertville's sewer availability charges are based on 40 permits per year. For
the year of 1990. the charge will increase fran $575 to $675. Each. forthcoming
year will see an increase until the charge of $1.175 is reached.
Jim Krystosek then made a motion to adopt a resolution to increase the
sewer availability charge fran $575 to $675. IbnatuB Vetsch seconded the
motion. All were in favor and the motion carried.
The Personnel Policy was tabled until the Council and the €q;)loyees have
had a chance to meet and discuss any questioning issues.
Maureen informed the Council that there would be two vacancies on the
Planning Coomission due to the fact that Kevin Mealhouse is now the brllding
inspector for the City and there would be a direct conflict if he remained on
the Planning (hnmiRRion. Also. Brian Bebeau would like to vacate his position
on the Planning (hnmi~ion. Therefore, we will need to advertise for new
members in the local newspaper.
Bob Braun made a motion to allow the City of Albertville to advertise for
new Planning Coomission members in the local newspaper. fun Cornelius seconded
the motion. All were in favor and the motion carried..
Maureen pointed out to the Council that the storm water utility charges
are due to go effect at the same time as the fourth quarter sewer billing. She
would like to know if these charges can wait and go into effect with the first
quarter of 1990. which will be billed the first week in May. There is no bond
structure included in the revenue of this charge. The only loss would be that
particular aJOOUnt of DK>lleY for the quarter.
After some discussion, the Council decided that the storm water utility
charge could wait until the first quarter sewer billing to be ~lemented
providing that residents were notified of the UPCaDing charge on the fourth.
quarter billing and that notice be put in the local newspaper of the City's
intent.
A work meeting is scheduled for Konday. January 8th at 7 p. m.
The documents fran the aaxxmtant will be available to review at Konday
night's work meeting.
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The charitable gambling issue was discussed next. Maureen told the
Ca.m.cil that Rand Patton had called her rather concerned with what the City of
Albertville was intending to do with charitable gambling. Because of this
concern., it was agreed that Maureen and Gary would attend the next Lions and
Jaycees meeting so that they would be fully informed as to how charitable
gambling revenues would be handled.
A question was raised concerning contract garbage hauling. Maureen said
that this issue was next on the agenda for the Ca.m.cil work meetings. We will
probably need to hold another pmlic hearing and we will have to find. out BaDe
information on the recycling containers. It was noted that the County allots
$1.~ for the pu:rchase of containers. It was also noted that there is now a
6% sales tax on garbage pickup.
Another question brought up was what to do with Christmas trees. Some
garbage haulers do not take them now and soon no one will pick them up
anymore. It was suggested that BaDe thought be given to the possibility of
having a drop off spot for the trees next year where they could be disposed of
by possibly huning them.
The Park Board minutes were included in the packet for the Council's
review .
The November 1989 Sheriff's Report was included in the packet for the
Ca.m.cil ' s review.
There was no other b.1siness so a motion to adjourn was made by IbnatuB
Vetsch and seconded by fun Cornelius. All were in favor and the meeting
adjourned.
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