1990-06-18 CC Minutes
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<XXJNCIL MINUTES
June 18, 1990
The regular meeting of the Albertville City Council was called to order
by Mayor Gary Schwenzfeier. Members present included Bob Braun, Jim Krystosek,
Don Cornelius. Council Member Ibnatus Vetsch. was absent. Others present
included Maureen Andrews, Bob lfiller, Kevin Mealbouse, Jackie Peterson, Ken
Lindsay, and Mike Rutkowski.
'!be agenda for the eveningr s meeting was reviewed by the Council. A
JOOtion was made for approval of the agenda by Jim Krystosek and seconded by
Bob Braun. All were in favor and the JOOtion carried.
. '!be minutes of the June 4th meeting were review and approved. A JOOtion
was made by Don Cornelius and RP.OOnded by Jim Krystosek. All were in favor and
the JOOtion was carried.
'!be first item on the agenda was the Maintenance Department.
Ken Lindsay informed the Council that he had just OOJQPleted the second
rli~ of the waste water treatment facility and will begin the third one
this week. Ken noted that the PJIIIP t.bat is on order will arrive soon.
Ken updated the Council on the Four Season Park. There bas been not
further progress since the June 4th meeting. There has been too mch rain to
go any further with the construction of the paths.
'!bere was conversation regarding the flnnrliYlg of the residents r
re6elDellts. Ken pointed oo.t that with all the rain, the Cityrs ~r could not
M~1e it all.
Mayor Gary Schwenzfeier asked if it was possible to amend the Sewer
Olrli~ in order to J:elUire that ~ lUIJIl8 be install in all new
residential mrl.ts and that they be installed so that they outlet outside and
not into the sanitary sewer system. It was noted that the existing ord.inanoe
already prohibits the discharging of storm water through the sanitary sewer
system.
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Kevin MAR looJSe stated that he did not believe that the Building and
Plumbing Code would. have any ground on which to enforce this st:1pllation and
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also noted that not all haDes need to have a sump l:UQPS. He suggested that as
an alternative the City of Albertville ooo.ld try what sane other cities have
done. That is, each new house be required to have an outlet through the wall.
'lb.e outlet should be 1 1/2 :inch PIC pipe with a cap slipped over the end. If
there were ever a need to P.JIIP water out of the basement, the outlet would be
there :ready for use.
'!bere was further rli RnJSSion about a sump PJIQP ordinance. There was
question as to whether or not the City has the authority in inspect haDes to
see if a sump PJIQP was installed in the residence that it does not d.iscbarge
into the sanitary setier . It was suggested that Bob Miller review the
Ordinance and cane back to the Council with his fi.ndings.
Ken then mentioned that it appears that the largest problem with the
intake of water appears to be on 51st and 54th Streets, and that the intake
flows in the Industrial Park lift station rises significantly after a heavy
rain.
Ken updated the Council about the City Parkrs softball field bases. Ken
informed. them that saDeOne has been r;:mrlnm ly stAR 1 iYlg bases fran Albertville r s
park and other surroonding cities. '!be Jaycees replaced the bases with new
ones. Ihn Cornelius suggested the City send the Jaycees a thank you letter.
Everyone agreed to do so.
'!be next item on the agenda was the hiring of the new Maintenance
person.. It was pointed out the the interview OCIIII'dttee had interviewed 5
persons for the job. After discussion it was agreed that Mike Rutkowski had
the best experience and best qualified for the position. Mike had worked for
the City a year ago. Mike left in good graces with the City so the Council
believes that Mike is trustworthy and will stay with the City this time. Jim
I{rystosek made a IOOtion to hire Mike and Ihn Cornelius seconded the motion.
All agreed and the motion was carried.
'!be question of wages was discussed by the Council. After sane
deliberation Ihn Cornelius made the motion that the wages should be $8.m an
bcnr effective i1mlFldiately. Jim I{rystosek ~ the motion. All were in
favor and the motion was carried.
Ken Lindsay brooght up the question of Mike being able to claim his
prevj.QJs time towards sick leave and vacation time. Ken felt that Mike should
be eligible to claim his prevj.QJs time. Maureen and Bob Miller looked up the
personnel policy set for City elQP1oyees. '!bey found no clear policy which
would pertain to Mike's individual situation. It was agreed that Bob would
check into this matter. '!be rliRnJSSion was then tabled till the next meeting.
In other maintenance bJsiness Ken advised the Council of his meeting with
Thore of Meyer-Roblin, the City Engineers, regarding the plans for the new
maintenance brl.lding. '!bey came up the the basic size of the bd lding to be 72
feet by 48 feet with a roJgb draft of the potential floor plan and other
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ideas Ken has for the blilding to make it work for now and in the future as
the City grows.
'!bere was rliRl'!l1BSion as to what kind of structure the brl.lding will be.
Mayor Gary Schwenzfeier questioned. if the City CQl}d get bids on steel and
pole construction for the structure. Thore said that yes it can be done. Ken
suggested that the bid be done on a structure that is ~ feet by 76 instead of
the 48 foot by 72 foot originally rliRl'!l83ed. His reason. is that the City is
growing at such a rapid rate that he liOUld. like to brl.ld the brl.lding big
enoogh for future needs, and that the additional couple feet probably would
not coat mch IIDre to brl.ld.
'!be question of the bdlrliYlg codes regarding pole brl.lrli~ was brought
up. Since the City's Zoning Ordi~ restricts the use of pole brl.l.dings,
except by Conditional Use and then ~1Re of special conditions the City
would need to review the site and the bJi]rliYlg materials to justify the
Conditional Use Pennit.
Ihn Chrnelius cauoented that it did bother him that a pole brl.lding was
being considered, and that if it were done the City will have to be very
careful to follow all the proper codes. He felt that if the City PIts up a
pole brl.lding then it will PIedtaJ.t a problem with the residents/bJBiness
owners of the town who will wish. to IUt up a hili 1rliYlg in the future.
After IIDre rli Rl'!I1BSion it was suggested by Mayor Gary Schwenzfeier that
there be a special work meeting ca 11M to further discuss the plans of the new
brl.lding. '!be Council agreed that the meeting be held Wednesday June 20th at
4:m P .K. and that it would be a good idea to had Kevin Kealhouse, the City
lbilding lnspector and Thore, the City Engineer to be p~t at the meeting_
'!be next item on the agenda was Engineering.
Thore revi~ with the Council the final pay request for Latour
Construction for the 5% retainer in the amomlt of $3,333.97. Bob Braun made
the lOOtion that Pay Request for $3,333.97 on the 1989-3 Improvement Project be
a;ppzoved. Jim Krystosek. seconded the IIDtion. All were in favor and the IIDtion
was carried.
'!be subject of the Woot.wlnd Suhdivisionrs curb repairs was brought up by
Thore. He explained that Latour Construction had repaired the curb at the
intersection of Kalland Drive and Kalland Circle on two different oocasions.
He noted that at the time of the first repair Ted Latour had felt that the
failure was not due to their work bIt rather fran the installation of
utilities bIt he had not proven this point to the City Engineer. When the
area. was damaged again Ted did find that the cause had been because of
i..Q>roper compaction of the soils after the installation utilities.
This point was further substituted when the utility ~es were
requested to mark their locations. NSP mark their line in one area. and then
changed the course of their direction when it appeared that it lead right to
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the problem area in the curb. When the second repair was made Ted r s crew
found the NSP line in the same location of the damaged area and felt that it
was not their responsibility to cover the expense of the repair.
Included in the packet was a letter frail Meyer-Roblin to NSP explaining
the situation and noting NSP's liability for paying for the repair. Sulmitted
with the letter was a bill frail LaTour Coostruction for the repair in the
aJOOUnt $l,312.m.
'!bore informed the Council that at this time no contact had been made
with NSP regarding the bill. '!be issue was tabled tmtil '!bore has additional
information to report back to the Council.
'!bore noted that the problem with sealooating project has been turned
over to the bonding <XD,paD:y. No action was taken on this matter.
'!be Council next went thraJgh the legal items.
Bob Miller reviewed with the Council the issue on Loren Kohnen r s bil.1ing
for the old hll1rliYlg permits. A draft copy of the letter being proposed to be
sent to Loren was preaent to the Council for their review. No action was
taken on this matter tmtil the Council had had a cbanoe to review the letter.
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Storm water drainage problem was rli~188ed next. Mr. Keith Franklin was
present to present his oonoem. regarding the water problem on his property
that is a direct result of the water blockage in Frankfort Tamship. He noted
that after the rain received over the weekend that his froo.t driveway and yard
illere under water and that he bad bad to rent a PJIQP to PJIQP water away frail
the h:lilcHYlg so as not to have water damage to the brl.lding. He also noted
that the froo.t driveway into the bm.ine6s has had to be closed so that it is
not struct:ural.ly damaged and that sand bagging had been started to help hold
back the water on the east side of his driveway.
Included in the packet was a letter frail the law firm of Lapp, Laurie,
Libra, Abramson and ThaDBon who is replesenting Franklin Oltdoor Advertising.
The letter was in reference to the potential legal action they will be taking
if the water problem is not resolved. Bob informed the Council that he had
talked with the Frankfort Township r s Attorney, Bill Goodrich regarding the
drainage problem to see if a solution owld be found to the problem in a
timely fRRhion.
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'!be Council was also informed that Gary, Maureen, '!bore and Ken had been
out to Fr;mkl in site to inspect the water problem first hand and at the same
time had discussed the issue with two of the road crew members of the
Mi~ta ])epartment of Transportation (MN/OOl'). At this time Mr. Calvin
Howieson, a MN/OOl' District IIydraulics Engineer was introduced.
Maureen informed the Council that Clarence Bistadeal1, Mike Potter, and a
representative frail MN/OOl' had also came to express their grievances, and that
sanething has got to be done soon.
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Calvin Howieson pointed out that the Minnesota office had been in St.
Cloud last week to see what the problem is and if it is any of their
responsibility. He informed the Council that they had just recently cleaned
the outlet tile, b.tt itrs possible the tile could. be plugged or broken.
Calvin had an old map with him that the CocIncil took a look at to see if it
had any additiooal. information that the City does not have. There was no
further discussion in this matter and was tabled tmtil the meeting was
adj<nmed and the members of the Council went to the Frankfort meeting to
rliR(!llSS the problem with the Town Board.
The Council reviewed the bills to be paid. Bob Miller pointed out an
error with one of the checks. The check #W597 which was made out to
Meyer-Roblin, Inc. and RMlld have been made out to Latour Const:mction.
Hea.ring no other oarments or questions a JDtion was made to pay the
bills. '!be JDtion was made by Ihn Cornelius and SEOODded by Jim Krystosek to
approve checks W589 t.braJgh le618. All were in favor and the JDtion carried.
At this time Bob Braun questioned the expenses for the plane trip back
frail M.uth, and wondered if it Rhnnld be the zespoosibility of the City to
pay it. Gary noted that be had BaDe problem with the issue as well.
Maureen questioned Garyr s stand on this issue at this time since she had
rliRn188ed it with him prior to making the arrangements, noting that on Tuesday
be had approved it. It was also pointed out to the Council at the time the
issue had been rliRn188ed with Gary that Maureen bad told him that if the
Council was not willing to pay for the expenditure that she was considering
doing so herself.
There was sane other rli RnlSSion on the matter. Ihn noted that be was not
even aware of the situation and Jim stated be thooght the issue had been
resolved the week before.
At this time Maureen stated that she ~d reimbJrse the City for the
$103.00 for the City's share of the plane if that was the Council r swishes,
noting that Juran and tbxIy had already paid $125.m for their share. No
action was taken on this matter.
In other b.1s1ness Maureen ~t up the issue that C1arenoe Bistodeau bad
stopped in at City Hall to raise the issue regarding the condition of the
~ on the railroad line as well as the condition of the storage area of
mill Qm.crete, and if they were encroaching on City pZqlerty. She further
explainArl that the railroad ~ has been contacted in the pest and have
not been very receptive to correcting the problem.
It was noted that the Cityr s Weed Ordinan.oe requires that a notice be
sent and if after W days nothing has been done, the City can correct the
problem and charge the property for the work. Bob noted that be was under the
understanding the weeds have to be cut in order to charge for the work.
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Ihn Cornelius suggested sending the railroad a notice to clear the weeds
or the City will contract out the a>rk and send them the bill. All were in
favor and there was no further rliRt'"!ltSSion.
Maureen suggested Bob Miller to look into the matter of Hull Concrete
encroachi.ng of the City property.
Maureen also informed the Council that the issue of failed septic systems
on the Becker/HaBg properties were rliRt'"!l188ed. The Council was informed that
Becker's have gotten a permit to dig in their new septic system b1t no a>rk
has been started. It was noted that ~rlin Haag has not taken any action to
correct his problem. It was pointed out that Bob Miller had sent letters to
both parties :regarding this matter.
'!be issue of a street vacation of the Old 152 Right-of-way along Franklin
futdoor Advertising was rli~ESed. Included in the packet was a Certificate
of Survey for the proposed vacation that had been prepared for Franklin.
Bob Miller noted that it was his opinion that the City could hold the
public bearing on the issue b1t that no action sbo1l.d be taken on the matter
until the water problem is resolved. He noted that the reason for this is
becaJJSe if the water problem goes to court that the City will not want to have
to pay damages on this land.
A point was raised that a Qrl.ck Claim Deed was not necessary because
there was no fee teJriYlg for the property at the time the easement had been
obtained for:road PJr.PQ6eB. Furthel:1lK)re it was noted that even the land lays
adjacent to the Fr;mJrl in property it does not assure the land will revert back
to them once the vacation occurs. because of the fact that the land would
revert back to the original land owner or its suocessor and that the only was
this can be be resolved by undertaking a title search on the property.
It was noted that the bearing could in fact be held prior to water issue
being resolve b1t that the Council shoo.ld hold on taking any action until the
matter is resolved.
A JOOtion was made to hold a pmlic hearing on the vacation of :road
right-of-way on August 6, 1990 at 7:m p.m. '!be JOOtion was made by Ihn
Cornelius and seconded by Bob Braun. All were in favor and the motion
carried.
It was pointed out that the City was on the Frankfort Township Agenda to
discuss the water problem. '!bere was sane rliRt'"!ltSSion :regarding whether or not
the entire Council could adjoum to the Frankfort Town Hall. It was decided
that if the City poated a notice at the City Hall and the Post Office noting
were the Council was that the entire Council could go over to Frankfort.
Hearing no other bJsiness a IOOtion was made to adjoum the meeting. '!be
IOOtion was made by Ihn Cornelius and 8P.COOded by Bob Braun. All were in favor
and the IOOtion carried.
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Gary Scb.anzfeier, Jim:Krystoaek. Ihn Cornelius, Maureen Andrews, '!bore
Meyer, and Bob Miller attended the meeting at the Frankfort Town Hall to
rli ~1SS the water pzoblem in Frankfort.
Keith Franklin reviewed with the Town Board the problem he is having
~~ of plugged or broken tile. There was sane discussion regarding the
Letter of Intent to sue the City of Albertville and Frankfort Township.
(be of the Township Board members noted that there was an easement in
Green Haven Estates and Barthel's Rolling Hills and that if saoeone wanted to
go in and fix the problem they were free. Mr. Bill GocxIrich clarified. this
statement noted that the eas ~lt allows the Townahi,p to enter onto the
property to make repairs not anyone else.
'!bere was sane rliRnJSSion regarding what needed to be done to get the
water flowing, who was going to pay for it and when it was going to be done.
It was noted that the long tenn solution a:W.d require a Feasibility Report
and hearing to do the work. '!be repzesentative of MN/OCfl' stated that after the
rain on Saturday night there was water s1;;lnrli Ylg on the shocllder of the freeway
and that sanething would have to be done ilnllF'rliately to correct the pzoblem.
It was agreed. that all the parties involved sh<<tld get together and find
a solution to the problem. It was agreed. that :representatives fran the
Frankfort, Albertville and MN/OCfl' a:W.d meet out at the site to see if a
solution can be found to the pzoblem. '!be meeting was scheduled for 4:m p.m.
on Tuesday at the site lIDless it rain, in which case the ~ would meet at
City Hall in Albertville.
There was no other rliRn1Bsion, so the City exc:used themselves and left.
~fY\Q~v\QQr\-1 ~N
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