1990-11-19 CC Minutes
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COUNCIL MINUTES
NOVEMBER 19, 1990
The regular meeting of the Albertville City Council was called to order
by Mayor Gary Schwenzfeier. Members present included Jim Krystosek, Bob Braun,
Don Cornelius, and Donatus Vetsch. Others present were Council Member-elect
Duane Berning, Maureen Andrews, Thore Meyer, Bob Miller, Kevin Mealhouse, Ken
Lindsay and Jackie Peterson.
The agenda for the evening's meeting was reviewed by the Council.
Maureen informed the Council of two additional items to add to the agenda. The
additional items included the Jaycees' request to install a barmer cabinet and
the approval of Jackie Peterson's payment for accrued compensation time. A
motion was made by Bob Braun to approve the agenda. Don Cornelius seconded the
motion. All were in favor and the motion carried.
The minutes for the November 5th Council meeting was reviewed by the
Council. Donatus Vetsch asked what the status was regarding the bill ret.."'ei ved
by Saxon for the repair of the ChevY pickup. Jim Krystosek said he will be
giving them a call for an explanation. Donatus then asked about the Frankfort
Township bill for gravel. Maureen said she had not yet had the chance to
contact them, but will in the next couple of days.
Donatus Vetsch then made a motion to approve the minutes. Jim Krystosek
seconded the motion. All were in favor and the motion carried.
The first item of discussion for the evening was hearing from the
Maintenance Department. Ken Lindsay explained the Council that Mike Rutkowski
had completed the written test for his class B license, but now needs to
complete the driving portion. He stated that we either need to borrow or rent
a truck for him to use, do to the fact that the truck the City owns does not
qualify for him to use. Jim Krystosek mentioned that he knew of a person in
Golden Valley that rents out his trucks. After some discussion it was decided
that we would ask Dave Vetsch of Vetsch Cabinets if we could use one of his
trucks. Donatus said he would check into it.
Ken then reminded the Council that we need to put in writing the City's
snow removal policy. He said that it is a requirement he had learned of when
he attended the Street Maintenance workshop earlier this fall. He pointed out
that it is a good idea for the City to do so, since the liability of damage or
injUry to persons during the snow removal, would fall on the City. It would
then leave the City susceptible to a lawsuit.
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Bob Miller then said that he does have some policies from other Cities
that he could revise for the City of Albertville.
Ken then brought up needing the authorization from the Council to check
for misuse of sump-pumps in residents homes. At that point Gary Schwenzfeier
asked Bob if it were legal to go into the residents home to check. Bob said
that it is legal as long as the resident allows them to come in. fut if they
refuse to let the insPector in, then legally they can not. At that time the
City would have to obtain a Probable Cause Search Warrant.
After some discussion, the Council decided to keep a record of who would
not allow the insPection to take place. If the City believes that they are
illegally using a sump-pump, the City will take action at that time to get the
search warrants.
It was the general consensus of the Council that most persons in the City
do not realize that they can not run their water into the sewer system. So it
was decided that at the time of the initial insPections, the insPector would
bring along a letter of explanation to give the residents. The Council felt
that if properly handled, most PeOple would allow the insPector in to explain
and show the persons how to properly run their drainage pipes.
The Council then discussed when would be a good time to do the initial
insPections. It was decided that Ken and Mike would go out one day during the
week. keeping a record of who was home and who was not. Then on another day,
they would go out on an evening or on a Saturday.
With no further discussion Don Cornelius made a motion to have Bob Miller
draft a letter regarding the sump-pump regulations, then have Kevin Mealhouse.
Ken Lindsay and Mike Rutkowski hand them out as they do the insPections. Bob
Braun seconded the motion. All were in favor and the motion carried.
Ken then informed the Council that the raising of the manhole on County
Road 19 was complete.
He then explained that the Maintenance Crew is busy preparing for the
Winter months. He then presented his list of projects that he has planned for
the next few months.
Hearing no further comments from the Maintenance Department. the Council
then heard from Thore Meyer, the City's Engineer.
Thore su1:mitted an updated feasibility study for the construction of the
nine-ton streets in Savi tski ' s Sunrise Commercial Park. He noted that the
sanitary sewer, water main, storm sewer and gravel base construction was
completed with the 1988-7 Improvement Project. He said that this proposed
project would complete the nine-ton street construction requirements and would
consist of a levelling course of Class 5 base, concrete curb and gutter,
concrete driveway aprons, two-inch bituminous base course, two-inch bituminous
wearing course and the necessary black topsoil with sod/seeding.
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He then described the costs involved as follows:
Street Construction
Contingencies
Engineering
$55, 150.00
2,760.00
9,950.00
$67,860.00
TO'fAL
He noted that the above costs do not include the local legal and
administration, bonding and financing costs.
He also pointed out that the uPdated estimated costs were up ~ more than
the study done two years ago. The reasons for this is primarily based on the
oil crisis and the increasing costs of oil.
He then said that the above project is feasible as proposed and would be
a benefit to the abutting properties. Some cost savings could be anticipated
if additional projects could be combined to make a larger, more attractive
project.
The Council briefly discussed the report. Bob Braun made a motion to
accept the feasibility study. Don Cornelius seconded the motion. All were in
favor and the motion carried.
Maureen then informed the Council that she had received some complaints
again regarding the condition of 50th Street. They told her that when the last
gravel that was pu.t down was very nice, but only for a short time. Since the
big trucks have been using the road, the gravel it is now gone and it is back
to the washboard effect, and very dusty again.
The Council then discussed the future plans for the road. The Council
asked Thore to reiterate what he felt would be the 1st phase of the
reconstruction of the road.
Thore stated that he felt that it would be conceivable to install the
1st lift of black top and that the sewer line to service some of those homes
could be installed at a later date, noting that they would not necessarily be
serviced off 50th Street.
There was discussion whether or not it should be done in phases or should
it be done as a completed 9 ton road. Maureen pointed out that the road has been
designated as a major arterial road.
The Council recognized the problem and decided that for the mean time, the
City will have Wayne White blade it down the next time it rains.
Thore then informed the Council that he had talked to Pete Rattika,
Engineer of Frankfort Township. He had told Thore that they were going to fill
in the drainage ditch wi thin the next two weeks. Thore also said that MN/DOI'
will not share in the cost of an 8" drainage pipe, that it is to small. They
will however share in the costs of a 12" line.
Thore said that he needed a copy of the Resolution to go ahead with the
next step, which is filling out the necessary forms provided by MN/DOI'. He
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would then send the forms to them and MN/DOT can then start the processing the
forms for approval, which will take approximately 18 weeks.
Thore then discussed the possible Fire Barn Building. He stated that he
had some rough estimates put together. They were as follows:
50 X 90 building - (estimated by Olson Const.) $89, em. 00
(would include 4 walls, roof, and floor.
Masonry Construction with 14 feet high
side walls, Pre-cast Roof and 4 doors)
Subtotal for Building $89, em. 00
ADDITIONAL ITEMS
Plumbing
Heating an Venting
Electrical
Additional Soil Corrections
$10,em.00
$ 7,500.00
$ 6,em.00
$ 3,em.00
$26,500.00
Subtotal for Additional Items
FINISH MATERIALS FOR INTERIOR
Painting and Partitions
$ 3,em.00
$ 3,1202'.00
EXTERIOR WORK
Concrete for Truck Driveways/with Fill Material
$10,500.00
$15,200.00
$25,700.00
$ 7,200.00
$ 7,200.00
Parking area - Bituminous with fill material
Subtotal for Exterior Work
Existing Soil Corrections
Subtotal for Soil Correction
GRAND TOTAL
$151,400.00
Thore added that according to Jack Jarrard at Olson Concrete, pre-cast
wall are not economical unless they were 20' high, which would add an additional
$5, em. 00 to $8, em. 00 dollars to the cost of the project. He also stated that
the wall height should be increased to 16 or 18 feet if we were still
considering radiant heat. He said that the radiant heat could possibly blister
the roofs of the vehicles. For the additional height of 2 feet it would run
about another $4,em. 00
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He then stated that we should start getting quotes and drawings put
together. All of these things take time, and in order to start construction in
the Spring we need to keep going on this project.
The Council asked Kevin MealholJse, the City's fuilding InsPector, if there
where any SPecial requirements for plumbing pipe size, since it will be designed
as a Fire Barn. He stated there was not.
Thore asked the Council if they could put in writing the SPecial
requirements the Fire Department needs. After some discussion the Council
decided to have a work meeting with Thore and a few of the Firemen to discuss
the SPecifics they will require.
The issue of how the residents of the City feel about the cost of the new
building. There was some discussion about holding a Referendum vote. Maureen
pointed out the additional costs that are involved in setting it up, because it
has to be done just like a regular election. There is the cost of hiring
election judges, ballots, publishing notices, etc. The Council then decided
against it.
The possibility of the Lions and the Jaycees donating a portion of the
cost, and the firemen doing some of the finishing work on the inside, was
discussed as ways of holding the costs down.
The Council then decided the set up a Work Meeting for Tuesday the 27th
with Thore and some of the Firemen to discuss the SPecifics of the building.
The Council then heard from Robert Miller the City Attorney. Bob discussed
the Ordinance pertaining to the Trash Enclosures. He said he had reviewed the
revised ordinance from David Licht. He stated that it seams to be satisfactory.
He reminded the Council that the Ordinance has been in effect since January 1st
of 1990, and that it only pertains to Commercial and Industrial properties, and
that the Ordinance did not state what types of materials were to be used. After
some discussion it was decided that the types of materials to be used would be
left up to Kevin Mealhouse the fuilding InsPector to approve.
There was concern by the Council as to the costs for the materials to
build the enclosures, in addition to the problems that may arise for the
Bani tat ion trucks in trying to emPty the trash dumpsters.
After lengthy discussion Don Cornelius made a motion to adopt AN ORDINANCE
AMENDING ORDINANCE NO. 1988-12 FOR TRASH ENCLOSURES. Jim Krystosek seconded the
motion. At that point it could not be determined if there was a 4/5ths vote to
carry the motion, so a roll call was carried out. Jim Krystosek voted "Yea",
Donatus Vetsch voted "Nay", Don Cornelius voted "Yea", Bob Braun voted "Yea".
Since there was not a 4/5th vote, Mayor Gary Schwenzfeier had to cast the final
vote. Gary Schwenzfeier voted "Yea". The motion was carried and the amendment
was adopted.
The Council then discussed the City Administrator's Contract proposal.
The Council members all agreed on the revised contract except for the section
No. 7 TERMINATION AND RESIGNATION, section B, paragraph two, stating:
In the event of termination of the Administrator by the City, which
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termination is without basis of items "just cause", the City agrep~
to provide three months notice of termination and the Administrator
shall receive continued salary payments ( including benefits in
subparagraph 5b through 5h, inclusive) as severance pay for a period
not to exceed six (6) month's salary (and benefits) at the time of
termination.
There was concern regarding the cost involved in continuing to pay the
salary and a new City Administrator' s salary at the same time. Maureen stated
that she would agree to amending the contract to state that if the event that
situation being discussed would arise and she got a new job that she would notify
the City and the severance payment would be discontinued at the time of her
starting a new job.
The next issue of concern was the length of the severance payment. Some
of the Council members felt that 6 months was to long of period to payout
severance. It was pointed out by Maureen that her concern that if she was
relieved of her position without just cause that it could take several months
to find a new job, because Administrators positions are not always open.
It was suggested that the Council would feel more comfortable with a longer
notice and not as much severance pay. Maureen stated that she still felt the
6 months was reasonable, but would be willing to consider a 4 month notice and
a 4 month severance clause.
Addi tional items discussed included the length of notice required to be
given by Maureen in the event that she would quit and the fact that the contract
serves as protection for the City as well as Maureen.
Regarding the first concern, it was noted that the contract stated two
month notice is required. It was the concern of some of the Council members
that if Maureen gave her notice during a critical time, such as budgeting the
City could find themselves shorthanded.
Maureen noted that if termination of the contract is done while there is
a good working relationship between herself and the Council that arrangements
could be made that she would do additional work for the City until a new
Administrator was brought on to replace her. Noting that in these cases, the
work is done under special consultant contract.
Duane Berning asked if in the event that the Administrator left, noting
that he was not referring to any particular instance, would the City be looking
at hiring an administrator with experience or would they be looking at someone
right out of school. Gary Schwenzfeier stated that he felt that the City should
hire someone with experience because of the activities and the amount of work
the Administrator is required to do. Other members of the Council concerned with
this opinion.
Regarding the second matter, Jim Krystosek stated that he felt that the
contract protect..ed the City as well as Maureen, because of the fact that it lays
out the requirements of the Administrator, provides for notice of quitting as
well as a variety of other items.
In a related matter , it was pointed out to the Council that in the event
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that they ever enter into another contract with a different Administrator they
will be looking at additional clauses being added, including but not limited to:
City covering the expenses of the Administrator's moving, longer severance,
additional vacation pay and added benefits, particularly if they look at hiring
someone with experience. Bob pointed out that these are common requests that
have to be negotiated in order to bring on someone from another city.
After a lengthy discussion the Maureen state that she would be willing to
settle for 4 months notice and four months severance pay. The Council was poled
on their opinion of the agreement. Bob Braun and Donatus Vetsch noted that they
still felt that four months severance was to long, while the other three members
were comfortable with the item.
Hearing no other discussion the Council acted on the severance clause of
the contract.
A motion was made by Don Cornelius and seconded Jim Krystosek to approve
the contract with the 4 month notice of termination and 4 months severance clause
and change regarding the termination of severance in the event that MaureP...Il
would find employment during the severance period. A roll call vote was taken
on the matter.
The roll call vote went as follows: Bob Braun voted "Nay", Don Cornelius
voted "Yea", Donatus Vetsch voted "Nay" and Jim Krystosek voted "Yea". Because
of a tied vote, Gary Schwenzfeier was required to cast the deciding vote with
a "Yea" vote. The motion carried on a 3/2 decision of the Council.
The issue of the upkeep of outside storage of the old "Andy's Camper"
building was discussed. It was noted that Custom Canopy is currently using part
of the building and there is now a problem with outside storage and yard
maintenance.
Donatus Vetsch asked what the status was regarding having them clean up
their storage. Kevin Mealhouse explained to the Council that when the previous
owners had the property they had cleared it when it was sold it and that Custom
Canopy was now renting space in the building. The Council decided to have Kevin
meet with Bob Miller at the site. They would then go over what needed to be
corrected. Bob will then compose a letter to send to the owners informing them
of what needed to be done to correct the situation.
The Council then reviewed the Income and Bills to be paid list. Maureen
then informed the Council that Jackie Peterson had 18. 75 accumulated hours of
compensation time that she wished to be paid for. The Council agreed to pay her
for her time.
The Council then reviewed the final two billings from Metro West Inspection
Services, Inc. (Loren Kohnen). Kevin Mealhouse, Albertville's current fuilding
Inspector, pointed out some discrepancies in what was actually completed for
payment. The Council decided to hold payment until Kevin could review the permit
records, and present his finding at the next Council Meeting.
Donatus Vetsch then made a motion to pay the bills, check numbers 11028-
11078 including payment to Jackie Peterson for her compensation time. Jim
Krystosek seconded the motion. All were in favor and the motion carried.
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Gary Schwenzfeier then brought up the issue of smoking in the City Hall
during work hours. He asked that the employees who wish to smoke, to please
limit their amount.
Maureen then brought up the Jaycees request for the construction of the
banner cabinet. She informed the Council that the Jaycees planned on attending
the next Council Meeting if nothing was to be done at this meeting. It was
brought up that the Council did plan on addressing the issue after the 1991
budget was complete, and for Maureen to inform them of their decision.
Hearing no further comments from members of the Council, Bob Braun made
a motion to adjourn the meeting. Don Cornelius seconded the motion. All were
in favor and the motion carried.
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