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1990-07-02 CC Minutes . . . <XXJNCIL MINOTKS July 2, 1990 The regular meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members preaent included Bob Braun, Jim Krystoaek. Donatus Vetsch, and Ihn Cornelius. Others present included Maureen Andrews, Bob Miller, Thore Meyer, Ken Lindsay, and Jackie Peterson. The agenda for the eveningr s meeting was reviewed by the Council. A motion was made for app.roval of the agenda by Ihn Cornelius, and seconded. by Ihnatus Vetsch. All were in favor and the motion carried. '!be minutes of the June 18th. meeting were reviewed. Ken noted that the discussion on the d.i.scha:rging of the Waste Water Treatment Facility was incorrect. He stated that the rli~JBSion Roolld have noted that it was the first rliRCha:rge that was oaIPleted and not the second one. Hearing no other caIIIIeIl.ts a motion was made to approve the minutes. '!be motion was made by Don Cornelius and ~ by IXma.tus Vetsch. All were in favor and the motion carried. The first item on the agenda was maintenance: Ken r.jl'ldsay informed the Council that the blacktopping of paths in the Four Season Park was oaIP1eted.. Ihn Cornelius pointed cut that he felt that there were sane bad spots that need to be checked. Ken and Jim Krystosek said that they woo.ld go out and check it. Ken also pointed out that the park equipDent will be installed in the next few weeks, depending on if the weather I"PJIV'linR nice. '!bere was sane rliRA1SSion regarding the leaky water fountain in the City Park and what steps were being taken to correct the problem. IXma.tus said that a member of the J~ had raised. the question of why the fountain was not working with him. Ken noted that they bad had probl.eur:5 in the fall trying to get the water shut off and when they tried to reopen it in the spring they could not get the . . . valve on again. It was also noted that the wrench was to short to use to turn the fountain on and off. He sai.d. that a piece could be added on rather than spending $85.W for a new wrench. It was also noted that Ken should have a key so that heoould go in and fix it. Ken sai.d. that the cap had been knock off during IOOWing last year hIt it had been replaced and that it should be okay . Ken brooght up the fact that the pump fran Norther has not come in yet, rot they have brooght one in to use in the mean time. Maureen then informed the Council that she received a call fran Northern and that the pump was ready and sitting on the dock. Mayor Gary Scbwenz:feier asked Ken to explain to the Council the need for a H1.osIh>rous Test Kit. Ken explained that the kit would allow for on-site testing of ~rous levels instead of having to wait tmtil the test results oome back fran the testing ~. It was pointed out that with the kit the City could start the alum tzea.tment process as soon as the level was known, which would likely cut down on the time it will take to COIU;)lete the d:iscbarge process. Ken noted that the kit costs approximately $25f?J.m. '!bere was also sane rli ~J6sion regarding the problem of not meeting limits for discharging this year. It was pointed out that the likely cause for the problem arises ~l8e of a high algae problem which the ponds have been experiencing since last year. Saoe reasons that were suggested as reasons that the City is having problema. 1. '!bere could be a large carp PQlUlation in cell 3 of the pond. Noting that last fall approximately Zi'.e carp were raooved fran the system. It has been suggested that carp is likely eating the DaIimeY, which is a Wg that eats the algae which in turn keeps the ~rous level down. 2. '!bere oould be a ~jcal reaction 1:Jebieen the the copper sulfate, used to reduce the algae, and the liquid alum, which oould be causing the alum not to work as effectively. It was suggested that if the problem is found to be that the carp PQlUlation that it might be advisable to see about doing a "chemical kill" on the fish. It was noted that this may not be allowed because of mR requ:ira&ents regarding carry over, since the pond water is discharged into the lake and out through the creek. '!be question was raised whether or not saDet.hing could be being discharged into the sanitary sewer system and that is why the problem has arisen at the pond. It was noted that if a solution is not found to the problem then this p06Sibility might need to be explored. After further discussion, a JOOtion was made by Ihnatus Vetsch to Pll'ChaBe a H1.osIh>rus Test Kit. The DK>tion was SP.OOnded by Ihn Cornelius. All were in favor and the DK>tion carried. '!be next item rli~JBSed was the letter fran Bob Miller regarding vacation pay and sick leave for persons who previously worked for the City, Page 2 . specifiCR lly the hiring of Mike Ibtkowski who worked 11 mnths for the City a year earlier. '!be question that had been raised :regarding what vacation and sick leave benefits is a new employee eligible for when they had been employed by the City at an earlier date, having left the position in good standing? Can. the previous benefits ea:med. to attrib1ted to the current employment therefore making them eligible sooo.er for their vacation and sick leave benefits? In the letter to the Council :fran the City Attor.ney, Bob Miller, it was suggested that the ~ of the Personnel Policy would indicate that it was intended to provide vacation pay based upon the total time that a person has worked for the City. '!bere is noting in the language that says that a break in service before one year is OCIQPleted would require the €lQPloyee to forfeit his days worked towards accru:ing vacation and sick leave pay. He further noted that if the person is dc6med fit for lllmicipal employment during both the initial employment J;ilase and a subsequent re arployment, that it would seem that a :reasonable interpretation would be that the €lQPloyee would be allowed all his "accrued" vacation and sick leave as an appropriate "fringe benefit" . . Bob noted that if the Council agreed with this interruption that Mike Rutkowski's 11 mnths of previous service would be ootmted towards his accrued time. He pointed out that the Council could stipliate special conditions :regarding the use of the time during the probationary period for the new position. Bob suggested that the clarification of the issue should be so noted in the Personnel Policy, in the event the matter should ever arise again. It was suggested as a solution to the confusion that Mike's previous time be ootmted towards vacation and sick leave bIt not allow it to be used tmtil after the six mntbs probationary period has been oaqpleted. Hearing no other questions or ocml'katts, a JOOtion was made al.lowing Mike Rutkowski r s previous service (11 mntbs) to be ootmted towards his first year vacation and sick leave with the stipllation that it can not be used tmtil after his six mnth probationary period. '!be JOOtion was made by Kim Krystosek and secx>nded. by IXmatus Vetsch. All were in favor and the JOOtion carried. Bob then said that be will draft an 8Irendment to be reviewed at the next meeting . '!be issue of "t.eqlorary full time employees came up. What would the policy be towards their time? Bob said that be would look: into the matter. . IXmatus asked Bob if be will then draft an ;:mendment to clarify any questions :regarding full timelPart time in the future. With no further discussion the issue was tabled till the next Council meeting. '!be issue of ];Ul'Cbasing radios for the Maintenance ])epartmen.t was discussed next. '!be question of new verses used was raised by the Council. PAGE 3 . Mayor Gary Schwenzfeier that he has done sane checking into the price of new radios. He said that one new radio runs alxnt $4m.m - $5BtJ.m each. He said the price for 3 Midland radios would be $1,579. m with everyt.hi:ng that is needed, plus a warrantee of 2 - 5 years depending on the brand p.n-chased. He also pointed out that if we Pll'Chased just 3 JOObile radios for now, we can always expand at a later date. It was noted that one radio would be used as a baBe in the City Hall while the other two would be used in the City trucks (pickup and snow plow). It was noted that Jim Krvstosek had brought sane radios for the Council to look at. He informed. the Council that he had 7 units which include: 4 three year old Midland and 2 Standard JOObile radios, plus 1 portable radio. He said that he would sell them to the City for $l,SI?J.m. Ken noted that he would like to see a baBe radio in the shop so that there would be ~mication between the shop and. the the vehicles. It was pointed out that if new radios were p.n-chased that this option will have to be held off on. As part of the rli RnJSSion regarding the purchase of the used equipnent there was the issue of needing to replace the crysta.ls so that the radios would lUll on oor frequency. If we need to bJy new crysta.ls for the radios, bow DUCh will this coat. . 'lb.ere was a great deal of rli RnlBSion regarding the warranty issue and whether or not there was 8DY merit for concern regarding the same. It was pointed out that these radios are solid state and there are not alot of t.hings that can go wrong with them. After sane further rliRnlBSion it was agreed that Jim would hold the radios till the next meeting, when a decision coo.l.d be made. There was no :further rli RtJIJSSion in this matter and the issue was tabled till the next meeting . No:rman Barthel was at the meeting to e:xpressed his concern regarding the had had saoeone cane out site elevation so that the water would drain out to Main Avenue. Bob informed. the Council that it appeared that there needed to be saoe additicmal corrections need to be made on the two developed lots east of his. It was pointed out that this work was schAdJJled for 'lblrsday. 'lhor Heyer asked Maureen if she received a (X)py of the ~ Petition for !JQprovements fran Ken Barthel. It was noted that the form had been pickup bxt not returned at the time of the meeting. Hearing no other oan-nts a JOOtion was made by Bob Braun to order the Feasibility SWdy for PARKS EOOKrS Street and utility !JQprovements. Jim Krvstosek seoonded the JOOtion. All were in favor and the JOOtion carried.. . '!bere was rli RnJSSion on the Kohnen bill :regarding inspection services. Bob informed. the Council that staff had reviewed the fees and was requesting PAGE 4 . . . that the letter be sent to Kohnen with the finrli~. The following is a breakdown of the billing: ~Jle - A: $ 43,848.37 2,842.41 $ 4,788.75 $ 6,275.58 Schedule - B: ~lle - C: Gary questioned whether or not there was any exposure to the City if sane of the earlier questioned permits were paid. Bob noted that Kohnen had signed off on the permits limiting the City's exposure. It was further noted that the pn:'p()Se of the :inspection is for the protection of the City not the contractor or the ORDer. After BaDe rliRt'!ll1SSion the issue of Building permits was tabled. The Council rli Rt'!111B8ed. the issue of adopting an ordi rumne for the use of the new pa:r:krs wa.1.kw8ys. '!be ordinance lDlld state that there lDlld not any JlDtorized vehicles, skate boards or bikes allowed on the paths. '!be reason being, the grade of the paths are to great, and the chance of persons getting injured are to great. If the ordinance is in place and saneone violates it and ~tld get hurt, then the City could not be held liable for their injury. Ken r.indssy said that he has ordered the signs for the paths. He also informed the Council that the signs were ordered stating the restricted items for the paths. He said he made BaDe temporary signs and has p.xt them up, till the new ones oaDe in. Bob Miller was directed to make the changes to the existing ordin;moe to reflect these stipllations. Mike ~, one of the owners of the 152 Club, preaented his idea. of a Garden Bar with a patio to the Council. He wanted to know what he lDlld need to do as far as the City oro.i~ are stated. Kevin Heal.bouse the a~ilrliYlg Inspector for the City, said he lDlld need a oaQPletely fenced in patio. The patio woold have to be flat with the ground. '!be plans lDlld also show that they lDlld still be on their own property. '!be issue of msic and noise was brought up. After BaDe discussion sane of the ideas were that the the fencing IIIlBt have intemal lighting, and the msic speakers had to be pl.aoed in such a way that the msic woold be directed intemally, rather than outward towards neigbbors. Also that serving of any drinks should be not permitted after a reasonable hour, such as W:0i?J or 11:m p.m. It was decided that an ordinance lDlld be prepared by Bob Miller and reviewed at the next meeting. '!bere was no further discussion and the issue was tabled. '!be issue of the vacation of the old 152 Rigbt-of--way's Public Hearing was rliROmsed. It was decided. that a public hearing woold be held on August 6th, 1990, at 7:0i?J P .K. PAGE 5 . . . Prior to the meeting the Council had had an opportunity to see the new chairs being considered for the Conference Roan. Mayor Schwenzfeier asked if the Council felt the price of the new conference chairs was aooeptab1e. Ihn Cornelius made a motion to bJy 8 new chairs at $?Jlfl.m each. Dona:bJs Vetsch seoonded the motion. All were in favor and the motion carried. '!be Council reviewed the Tnoaoe and Bills to be paid. A motion was made by Ihnatus Vetsch to pay the bills. The motion was seoonded by Don Cornelius. All were in favor and ~R W619 t.hroogb W667 were approved. The resignation of Steve Klitzka as Park Board President was reviewed. Lisa Shu1st.ad also has conflicting schedules with the board meetings. The board has two vacancies that need to be PIt in the paper and filled.. '!be issue of the water dra.:inage problem in Frankfort Township was briefly discussed. It is apparent that the water is draining and the water level is going down. Thore noted that the issue of the sea.lcoating job done last year has been "b.tmed over to the bond octI.I.[laDY and nothing new has been heard regarding the matter. '!bere was sane rliROJSSion regarding the job done with the red :rock, it appears that there may have been more oil applied then necessary, b:rt that it does effect the finiRhP.rl job. A motion was made by Don Cornelius to adjoom. the meeting. Jim Krystosek seoonded the motion. All were in favor and the motion carried. i-j i ~\'Y\~\wQM~LLYU PAGE 6