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1990-02-05 CC Minutes . . . COUNCIL MINUTES FEBRUARY 5. 1990 The regular meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members present included Bob Braun, Don Cornelius. Donatus Vetsch and Jim Krystosek. Others present included Maureen Andrews, Lorie Villareal. Bob Miller. Thore Meyer and Ken Lindsay. The agenda for the evening's meeting was reviewed by the Council. Don Cornelius made the motion and Donatus Vetsch seconded it to approve the agenda. All were in favor and the motion carried. The minutes of the January 16th Council meeting were reviewed by the Council. There were no corrections or additions so a motion was made by Bob Braun and seconded by Don Cornelius to accept the minutes of January 16th. All were in favor and the motion carried. The minutes of January 18th were reviewed by the Council. Hearing no corrections or additions, Jim Krystosek made a motion to approve the minutes of January 18th. All were in favor and the motion carried. The minutes of the special Council meeting held on January 23rd were reviewed by the Council. Don Cornelius made a motion to approve the minutes of January 23rd. Bob Braun seconded the motion. All were in favor and the motion carried. Eugene Valerius. representing the Albertville Fire Department. was present to request $2,500.00 of merchandise for the Fire Department. It was noted that the Fire Department was looking at purchasing a new type of hose that is approximately six inches in size and will run between the fire truck and the hydrant. thereby supplying more water to the pumper. Eugene pointed out that Luverne Fire Trucks Service out of Rogers would come out and look at the truck to assure proper selection of . . . hose and fittings for the truck. It was noted that there is a need for approximately 150 feet of hose and fittings needed to complete the installation because of the 300 feet spacing between hydrants. It was also pointed out that there was a leaky valve on one of the vehicles and Luverne Fire Truck Service would be looking at that as well and would be making a repair if necessary. Hearing no Cornelius and hose and the carried. other comments or questions a motion was made by Don seconded by Donatus Vetsch to purchase the 150 feet of necessary fittings. All were in favor and the motion The Council heard from the Maintenance Department next. Ken informed the Council that he had found a used boat and motor for the pond system. It is a 12 foot boat and has a 7.5 hours Evinrude Motor on it. Ken noted that it is an older model boat and motor but that the party was asking $400.00 without negotiations. It was noted that the party would likely accept a lower bid if approached. The boat Facility for treatment. As which holds the too high for schedule. and motor would be used at the Wastewater Treatment the copper sulfate treatment prior to the liquid alum noted before the ponds contain a high level of algae liquid alum up and therefore leaving phosphorus levels discharging purposes. therefore delaying the discharge It was noted that City could easily make of the difference of the boat and motor in what the City will be saving because the copper sulfate treatment should eliminate the multiple liquid alum treatments that the Maintenance Department has had to do in the past. Ken pointed out that liquid alum cost approximately $.85 a gallon and that they use between 400 and 1,000 gallons of alum per treatment depending on phosphorus level, which is directly related to the amount of algae found in the ponds. The total cost of the copper sulfate treatment runs about $100.00 with approximately 100 to 15~ pounds of copper sulfate being used per treatment. Ken was questioned why the second boat was needed since the City already owns the pontoon. He pointed out that first of all the smaller boat is easier to control during the treatment process and secondly that because the copper sulfate is an acid it is hard on the pontoon and the pontoon is harder to clean up after the treatment. He also noted that the smaller boat would also be able to be used in checking the pond that is non-accessible from a boat landing. -2- . . . There was a question regarding how the copper sulfate treatment was done. Ken explained that the copper sulfate is a granulated material and is dispersed by dragging a gunny sack behind the boat. He noted that the copper sulfate attacks the algae and therefore reduces the phosphorus level. Ken noted that this treatment is a "trial and error" process and that it will take some time to perfect the treatment. Thore Meyer agreed with this statement. noting that it appears that the treatment is necessary. Hearing no other discussion or comments a motion was made to approve the purchase of the boat. A motion was made by Don Cornelius and seconded by Jim Krystosek to purchase the boat and motor provided that the motor is in good working condition and that the City could obtained a clear title for the equipment. All were in favor and the motion carried. Ken for the Outdoor like to season. next presented to the Council for their review only a sign Four Seasons Park. He informed that the Council that Franklin Advertising was donating the sign for the new park and would get 6tarted as soon as possible before they got into the busy It was noted that the Park Board had suggested a sign that represented the use of the park during each of the seasons so the sign showed different activities for each of the seasons. Keith Franklin. after reviewing the sign suggested selling the park itself. noting that if people are interested in the park they will stop and see what is there. He suggested reducing the sign to indicate just the name of the park, because otherwise the sign becomes too "busy". It was noted that the Park Board would be reviewing the sign at their next meeting. The Council pointed out that the actual design of the sign should be a Park Board decision and that it does not need to come back to the Council for final approval. The Council will accept whatever the Park Board decides. Ken discussed a steamer purchase with the Council. He and Don Cornelius went to American Pressure in Wayzata to look at some used steamers. There were several models. one was an Alkota Model 90 and an Electromagic Model 100. The Alkota model 90 is a demo and the best of the two. The Electromagic Model 100 could be gone through except for the coil. The coil is the heart of the steamer and there would be no guarantee on that part of the steamer. The steamer would be used to clean the liquid alum off the pontoon and for opening plugged storm sewers. Ken stated that he has been cleaning the pontoon at the car wash. but that the boat has very little clearance for getting in and out of the car wash. He noted that -3- . . . because of the lack of room in the car wash it is difficult to get the pontoon clean. It was noted that the steam will take the liquid alum off the pontoon a lot better then water and that it would be more convenient to clean the pontoon in the storage building then having to bring it in to town for cleaning. The steamer can also be used for opening frozen culverts and storm sewers and for cleaning other equipment. It was noted that the City would need to purchase at least 25 feet of hose. 4 fittings and some pipe for thawing culverts. as well as a barrel will also be needed for a water reserve. American Pressure will give a price of $1,500.00 for the steamer if approved at meeting and it would good until 8 am on Tuesday morning. They would charge $1.95 a foot for the hose and $16.00 for 4 fittings for a total $1.575.75. There would be be a guarantee on the steamer but Ken would check to be sure about the length of the warranty. It was suggested that it would be a good ideal to have the steamer demonstrated out here in the maintenance shop to assure that it will operate off the City's generator. Don Cornelius made a motion to approve the purchase of the Alkota Model 90 steamer for $1.500.00 plus 25 feet of hose and 4 fittings. with a warranty. Jim Krystosek seconded the motion. All were in favor and the motion carried. The Council next discussed the sale of the old tool box from the old pickup. Ken informed the Council that he had come across a welding fan for $25.00 and the party selling the fan was interested in exchanging the fan for the toolbox. Because of the price for new tool boxes the Council felt that the price was fair and agreed that Ken exchange the box for the fan. The Council had a copy of the EFA Open House invitation in their packets. Ken asked if anyone was interested in attending the open house and suggested that the Council might want he to attend to see if there was any information that might be useful for the development of the new park. After some limited discussion it was decided that no one from the City would go to the open house. The Council briefly discussed the Beaudry property for the location of the Maintenance Shop. Thore pointed out that they had completed the survey of the property so they knew where the wetlands were located. -4- . . . There was would work for good but that footings of the some discussion regarding whether or not the property the City's purpose. It was noted that the location was we would not know how the soils would be for the building until after soil borings were completed. It was noted that the City would likely be able to put a building on the site. provided that area was prepared properly. It was noted that it would be likely that the old soils would need to be dug out. gravel hauled in and compacted and then the slab pours so to get a good foundation for the building. There was some discussion regarding how much the soil borings would cost for the property and what would be the next step to completing the project. It was suggested that before soil borings were ordered that it might be advisable to meet with a representative of the DNR to see what property they would consider to be allowed to be filled. It was decided that Thore, Maureen and Bob would meet with Dale Holmuth sometime before the next meeting to get his opinion on the property. It was pointed out that there were some serious time constraints with the decision making process because of the pending Sheriff's Sale of the property. The Council agreed to move forward with the process, pending the outcome of the meeting with the DNR. The Council next reviewed and approved the income received and the bills to be paid. There were several questions regarding bills which when reviewed were clarified for the Council. Hearing no other questions or comments a motion was made by Donatus Vetsch and seconded by Don Cornelius to approve checks 10188 through 10233. All were in favor and the motion carried. A Limited Valentine Dance license was made were in favor and 3.2 Beer License was approved for St. Albert's for February 10. 1990. The motion to approve the by Donatus Vetsch and seconded by Jim Krystosek. All the motion carried. The Council next reviewed the 1990 Gaming Licenses. As requested by the Council. Maureen had checked with other cities to see what was being charged for the license. The Council was informed that there were a variety of charges as well as several cities who do not charge for the license. The Council asked what established. Bob Miller noted the fee if they so desired. It an amendment to the resolution options we had regarding the fees that the Council could make a change to was noted that it would be done through establishing the charge. A motion was made by Jim Krystosek and seconded by Don Cornelius -5- . . . to amend the fees reverting the fee of the license to $30.00 per machine for 1990 and review the costs associated with the licensing process for 1991. All were in favor and the motion carried. The next item before the Council was the Local Government Forum to be held in St. Cloud on February 22. 1990. It was pointed out that this conference was attended by four of the Council members the year before and that it had proven to be very informative. It was decided that Donatus Vetsch, Maureen Andrews would attend the Conference for sure and that Don Cornelius would let Maureen know if he would be able to attend. The Council reviewed the applications for the Planning Commission vacancies. The Council was informed that two applicants had applied for the two vacancies currently open on the Commission. It was also noted that Don Berning had also indicated that he was interested in getting off the Commission if there was someone willing to fill his seat. The Council was informed that LeRoy Berning had picked up an application the morning of the Council meeting but had not returned it for the Council's consideration. After reviewing the two applications a motion was made by Donatus Vetsch and seconded by Bob Braun to appoint Tom Haller and Rick Bishop to the two vacancies on the Planning Commission. All were in favor and the motion carried. The Council was informed that there would be a meeting on Monday. February 12. 1990 for the sale of the 1990 bonds. The Council next approved a resolution for the Joint Powers Board pertaining to fees charged for water line inspections. The resolution established new language for the cash escrow for plan reviews to be determined by the Joint Power's Clerk and set a surcharge of $50.00 for all inspections appointments that are not made 24 hours in advance. A motion was by Donatus Vetsch and seconded by Jim Krystosek to approve the resolution. All were in favor and the motion carried. The Council briefly discussed recycling. containers. and recyclable items and what action the City wants to take in developing the recycling plan. It was noted that that there was a recycling meeting at the County Courthouse on Wednesday. February 14th. No action was taken on this matter. The Council next received an update on the Fraser S.teeL The Council was informed that there was a meeting between Dan Wilson, Rod -6- . . . Fraser and his attorney regarding the Tax Increment Financing Development Agreement. The Council was also informed that they would be seeing a Developer's Agreemen't for the Conditional Use Permit--Planned Unit Development and the Loan Agreement for the State of Minnesota's Economic Recovery Fund monies. The next issue discussed by the Council was the correction to the 1990 Annual Budget. It was pointed out that there was a $14.400.00 error in the budget in the Street Maintenance category. The budget reflected $16.000.00 for street maintenance when it should have been $1.600.00. It was noted that there were several options the Council could take to correct the budget. which included the following: 1. The money could be transfer over to the Building Fund for the future public buildings. 2. The money could be used in the Street Fund for the purposes of Sealcoating and/or Storm Sewer Cleaning. 3. A corrected levy could be sent to the County representing what the Street Department should actually have budgeted. After some discussion it was decided that the 1990 budget should be amended to reflect the following change: That $10.000.00 be transferred into the Building Fund; and that $4.400.00 should be transferred from Street Maintenance to Seal Coating for future projects. A motion to amend Vetsch and seconded by carried. the budget accordingly was made by Donatus Bob Braun. All were in favor and the motion The Council asked what had happen with the Building Permits still being held by Loren Kohnen. Maureen informed the Council that a letter had been sent but she had still not received any of the permit information. The Council requested that an additional letter be sent certified delivery requesting that the permits be turned over to the City. Jim Krystosek informed the Council that the Boy Scouts are looking for some Community Service projects. Any suggestions should be turned over to Jim for the Boy Scout projects. The next issue discussed that Albertville Personnel Policy. Bob MIller pointed out that the changes reflected in the Council's copy of the policy were his suggestions to better reflect the operation of the City and allow future Councils the flexibility to make changes to the policy as they seem fit. -7- . As pointed out at the end of the policy there were 5 points of discussion that Bob felt the Council needed to discuss and consider. These points included: 1. Special language regarding the City Administrator. -- Bob noted that the City Administrator's position is annually appointed and therefore should not be treated the same as other city employment. He noted that the Administrator typically serves at the will of the Council and under a separate contract with the Council. It was noted that the Council can by resolution implement the standards of the personnel policy into the employment contract with the City Administrator (i.e. vacation. sick leave etc.). 2. Administrator's authority regarding disciplinary action without Council approval. -- Bob suggested that as the City takes on more city employees that the Council may not want to deal with the day-to-day disciplinary action of employees and leave it to the Administrator to take proper action to correct any problems that may occur. If the Council determines that this is something they want to include in the policy additional language will need to be included in the policy. . 3. Language which allows the Council to make changes to policy as deemed necessary. -- Because the Personnel Policy becomes a condition of employment for employees the Council should reserve the right to make changes to the policy whenever it is determined necessary and without special language allowing for such change the Council would not be allowed to make changes that would effect existing employees without making it a violation of the employee contract. 4. The inclusion of an Organizational Chart as part of the Personnel Policy. Bob suggested that an organizational chart be included as a visual tool representing the hierarchy of authority. This chart is typically found in all Personnel Policies. 5. Provides special language regarding the fact that the City is not governed by the merit system under State Statute; Chapter 44. Bob noted that some cities operate under the Merit System which is similiar to the federal civil service system providing for special conditions of employment. promotions. demotions and dismissal. The language provides for the fact that the Personnel Policy is a general state of policy and not a condition of any ongoing binding employment contract. . -8- . . . Bob pointed out that the changes he is recommending to the Personnel Policy are all policy decisions for the Council to consider and that the Council can accept them through the incorporation of them or strict any or all of them, which ever they seemed fit. Also as part of the Personnel Policy. Bob suggested that the League 2f Minnesota Cities article regarding personnel policies should be made part of the City's file. There was a great deal of discussion regarding the policy and the recommended changes. It was pointed out that because of the size of the City that in the case of grievance it might be easier for an employee to go directly to a Council Liaison person instead of the City Administrator. Bob pointed out that he felt that the Administrator is the focal point for the Council and that it is important that this person serve as point of reference for these types of problems without necessary involving the Council. He also noted that there has to be a chain of command within the City and that the Administrator should be a key representative within the organization. Ken pointed out that he was concerned about how the Personnel Policy would effect him because policies have been established in the past that have since been changed. It was noted that up until this point no formal policy has been in effect and therefore not binding. Bob noted that the Personnel Policy functions as the rules and policies under which the City operates. one of Tool Ken pointed out that he felt that the Personnel Policy sided. protecting the City and Council but limiting the the employee. Bob noted that the Personnel Policy is a which truly protects both the City and the employee. was far to protection Management The next point brought up was that of a Grievance Board. Ken comment that he felt that the employees were being left without any protection for decisions made by the Council. He questioned what option would the employee have if they did not agree with an action taken by the Council if the Grievance Board is eliminated. Bob pointed out that the purpose of the Board is to deal with issue that are not directly related to Council action and in all cases the final decision is always the Council's. It was questioned what would happen when there was a complaint against the Council. Bob Miller noted that as hard as it might be to understand that Council can not surrender their authority of action and that in all cases they are the employer and their decision stands. It was again noted that the Grievance Board does not override the policy maker's decision. -9- . . . Ken state that the employees felt that that the rights and protection of the employees are being violated with the adoption of this Personnel Policy. This point was argued that the policy is for the protection of the employee because it establishes the guidelines for day-to-day operations of the City. Bob noted that this Council can not and should not ever lock in any future Councils from making changes to the policy because conditions changes and they should have the ability to react to these changes. At this point. Maureen asked that it made made part of the record that at no time did any employee come to her to discuss the Personnel Policy and their concerns. but instead went to one or two of the Council members to raise their points of concern. It was noted that some of the points being raised may have been able to be clarified if they had. After some additional discussion it was agreed that the policy should be tabled until the next meeting so that Council would have additional time to review the recommended changes. Ken requested that it be noted that as an employee of the City he felt that following issues need to be reconsidered by the Council prior to final action. These issues include: 1. The Grievance procedure being proposed by the Personnel Policy. 2. Sick Leave Buy Out. 3. Vacation Leave. 4. The issue of At Will Employees. Ken thank the Council for their time in reviewing the Policy and asked if there was anything else he was needed for. The last issue discussed by the Council was the need for a light at the intersection of C.A.S.H. 37 and 19 and the 1-94 ramps. It was noted that this area is extremely dark and should have some type of lighting installed. Maureen was asked to contact the Minnesota Department of Transportation to see if they could put in lighting to effectively light the on and off ramps of 1-94. Hearing no other questions or comments a motion was made to adjourn the meeting. The motion was made by Jim Krystosek and seconded by Donatus Vetsch. All were in favor and the motion carried. -10- "'tY ~l.v0\oO r\-I Oy\~\QU)J