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1990-12-17 CC Minutes . c. . ~... 6, ... ...~ . I, CITY OF ALBERTVILLE ~ P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 COUNCIL MINUTES DECEMBER 17, 1990 The regular meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members present included Jim Krystosek, Bob Braun. Con Cornelius and Donatus Vetsch. Others present included Maureen Andrews. Jackie Peterson. Bob Miller, Thore Meyer, Ken Lindsay, Mayor-Elect JIm Walsh and Council Member- Elect Daune Berning. The agenda for the evening's meeting was reviewed by the Council. The Council was informed that there were a couple of additional issues that the City Attorney needed to address under legal. A motion was made by Donatus Vetsch to approve the agenda. The motion was seconded by Don Cornelius. All were in favor and the motion carried. The minutes for the December 3rd meeting were reviewed by the Council. Ken noted that on Page 4. fifth paragraph from the bottom. He noted that his motor home was not 90' X 159', but that measurement was the size of his lot. Hearing no other corrections a motion was made by Jim Krystosek to approve the minutes with the correction. The motion was seconded by Bob Braun. All were in favor and the motion carried. The minutes for the December 12th meeting were reviewed by the Council. Hearing no questions or comments a motion was made by Bob Braun and seconded by Don Cornelius. All were in favor and the motion carried. The first item on the agenda was Maintenance updates. Ken informed the Council that the dirt had been brought in for around the manholes in the Industrial Park. He also noted that the Maintenance Department has started to make ice for skating at the park. Ken requested that the issue regarding additional hours for Jim Becher be removed from the agenda. The Council was informed that there was no new engineering issues that needed to be discussed. The next item on the agenda was legal. Make our City. . . . . . . . Your City We invite Home, Industry, Business . . . tj -Bob Miller and Ken Lindsay reviewed with the Counci1 the Snow Plowing and Ice Control Policy that the City was in the process of adopting. It was pointed out to the new Council member-elects that it had been recommended by the League of Minnesota Cities Insurance Trust that all cities establish a snow and ice control policy to protect the city from claims made against the same as a result of . snow and ice removal procedures used by the city. In reviewing the policy the following issues were discussed: * The City currently has approximately ten (10) miles of streets under its jurisdiction. * Provides for a list of equipment that is available for the implementation of the policy. * Defines when the commencement of operations begin, either during or after a snow fall. * Defines when there will be a suspension of operation. * Defines the plow route. * Defines the level of service. * Defines the parking restrictions that the City of Albertville has already .implemented. * Defines property damage and points out that in general it occurs in the area of City right-of-way. It was pointed out that the policy should reflect that the definition of right-of-way should be noted as 5 to 17 feet since some of the older areas of the community have a much smaller right- of-way than the new subdivisions. It was also pointed out that the City is not responsible for damage to mailboxes or sod in the right-of-way area. * Defines the responsibility of residents and goes on to clarify the responsibility of the City for clearing streets, parking lots, sidewalks and ice rink. As part of the review" of this section, there was discussion reg a r din g the maintaining of sidewalks. It was agreed that the policy would be reworded to reflect that sidewalks would be cleared by plow trucks "wing" only and would not be cleared down to dry pavement and that the City maintained parking lot will be plowed and the ice rink will be cleared of snow. * The final issue regarding the policy is that of the SNOW PLOWING COMPLAINT form, which will be completed at the time a complaint is received by the City. In a related matter Ken informed the Council that when he had 2 ~,.v:~""'~__"":"-'-"~~:';'f...~,~_....~..'rt-~""' F"--'- ", .- - "---~j~.-~~I~'~~r.:~~-.'~~"':""'~-.r '-L"'_--"'--"-_.~a~}';;l-~~"-'."'--~-"1"""~~'~_ .,..~. \, t, . been out plowing the past Saturday that there at leas1S 12 cars parked in the street, which hampered the snow removal and that secondly there were approximately 30 people who had blown or shoveled snow back into 'the road right-of-way after the plow had been by. Bob noted that this was in fact a violation of State Statute, but that he did not know how the new County Attorney would deal .with the violation. Maureen was requested to check with the Sheriff Deputies who work the Albertville area to see that they are ticketing the "Snow Birds". It was pointed out that if the City wanted to start towing vehicles that are in violation of the "NO PARKING" then a contract would need to be established for doing so. There was also some discussion regarding the fact that some snow mobile are ~a~~g~~J~ity crew when they are attempting to clear the streets of snow. Special attention will given into this matter during the next few snow storms, if a problem continues then the City will need to look into doing something about it. . The Council was brought up to date on the matter with the Building and Zoning Code Violations that exist with the building moved onrto the railroad property leased by G & K Milling. 4 ~e Council authorized Bob Miller to file a formal complaint against G & K Milling regarding the matter. A motion was made by Don Cornelius and seconded by Jim Krystosek. All were in favor and the motion carried. The next issue discussed was the matter regarding the Custom Canopy building site behind the Hackenmueller's Store and its violation regarding the abandoned building materials on the site. Secondly it was also noted that the business is now located in the old "Andy's Campers" building and there is a problem with outside storage and no Certificate of Occupancy. Bob was requested to continue working on the problem to see if the problem could be resolved. The Council after having reviewed the final changes to the Administrator's Contract indicated that it should be signed by the Administrator and Mayor as agreed to at the November 19th Council Meeting. No other action was taken on the matter. (e The Council next discussed the matter regarding the storm drainage project in central and western Albertville. The Council was brought up to date that Thore, Bob and Maureen had met with Don Barthel and it was their feeling that he was willing to work out the necessary easements. In a related matter, the Council was informed that staff had 3 . . (e _.'---~~~~-'''-~'''''''''''._'~-'-~'-----~.'''._-':'''''::- I tried to get some type of an agreement with Clem Marx reg~ding the same, but to date no success has come out of the discussions with Marx. It was pointed out that the Marx land is the missing link to the completion of the project, which is the backbone to the whole area's drainage system. When questioned why the need for this plan it was pointed out that the City had made a commitment to the County that the City would handle the storm water run. off problem and if the City attempted to discharge water into County Ditch #9 that the County would take judicial action against the City. Mayor-Elect Jim Walsh stated that he did not believe that the County would take any action against the City. When asked if he had spoken with anyone regarding this matter, he state that he did not believe that the County had the money to prosecute each of the cities and townships that drain into the ditch. It was asked why the water could not drain into the two lakes on the north end of the City. Thore pointed out that at this time there would not be any.problem with this proposal but that as the land develops there will not be any storage capacity in the lakes, because of the ordinary high water mark set for each of the lakes. Thore also noted that under a new law all wetlands are under the control of the Corp of Engineers and wi.ll need to spent through their process, prior to any work being completed. It was decided by the Council that Bob Miller should send a letter to Clem Marx, inviting him into another meeting to see if we can get the issue resolved o~ce and for all. It was noted that the letter should be none threatening at this point, but if nothing can be resolved that the City will need to look at that action to acquire the land through the eminent domain procedures. The Council was informed that Bob Miller and Kevin Mealhouse had gone through the last of the bills from Loren Kohnen and that Bob would be preparing a letter regarding the permits that were in error or not completed but billed. The Council will be brought up to date on the matter at the next meeting. The Council was also informed that a representative of the Wright County Humane Society had received some complaints on Ralph Ackerman's keeping of dogs in a kennel at his farm located in the City of Albertville. These dogs are being raised for breeding purposes and that the property owner is in violation of the County's licensing process and the City's Zoning Ordinance. The Council approved the income and bills for the evening meetings. The Council was informed that Ken had checked with Wayne Whi te regarding the Frankfort bill and was informed that the information Maureen had received was correct. The Council asked that Ken check Tom from T & S Trucking regarding the amount of 4 . . . v -iJ'--- . . . "''''~ - - t, gravel that was put down. It was agreed that if after'checking with Tom that the payment could be released. In the future the Council will monitor the installation of gravel on the joint Township/City roads to 'be assured that the job is being done properly. A member of the Council asked that the City check on the possibility of Wright Recycling collecting plastic. Hearing no other questions regarding made to approve the income and bills. A Cornelius and seconded by Jim Krystosek. checks 11116 through 11212 were approved. the bills a motion was motion was made by Don All were in favor and The approval of the 1991 licenses were next on the agenda. A motion was made by Don Cornelius and seconded by Bob Braun to approve the 3.2 Beer Off-Sale License for the Albertville Bar. All were in favor and the motion carried. A motion was made by Jim Krystosek and seconded by Don Cornelius to approve a Sunday Liquor License for the Albertville Bar. All were in favor and the motion carried. A motion was made by Bob Braun and seconded by Don Cornelius to approve Coin Operated Game Machine Licenses for the Albertville Bar (6 machines) and the 152 Club (5 machines). All were in favor and the motion carried. A motion was made by Donatus Vetsch and seconded by Jim Krystosek to approve Cigarette Licenses for the Albertville Bar, 152 Club, Don's Auto, Hackenmueller's Store and Pat's 66. All were in favor and the motion carried. The next issue discussed was an increase in water usage rates. The Council reviewed the rates being proposed by the Joint Power. A motion was made by Don Cornelius and seconded by Jim Krystosek to approve the rate increase. All were in favor and the motion carried. In a related matter regarding Joint Power's, the issue regarding whether or not the City should have the building inspector do the sewer and water inspections for the connection to the main. It was pointed out that if the inspector did the inspection it could be done at the same time that other inspections are being done so not to delay any work. Maureen was asked to write a letter to the Board explaining the reason why the City is considering the matter, noting that it would not reflect any additional liability for the Joint Powers Board. 5 ....-..a:<....t~- :'.'-j-::".:'...'.'" . . . \; A motion was made to approve that Gruys Johnson do ~he Audit for 1990. The motion was made by Donatus Vetsch and seconded by Jim Krystosek. All were in favor and the motion carried. The final item on the agenda was the need to finance the Improvements for Parksedge and the Equipment Certificates for equipment that the City has purchased. Brad Franham of Juran and Moody was present to start the discussion regarding these upcoming sales. There was some discussion about the sales and when would be the best time to set the sale for. Brad briefly review the bond sizing for Parksedge and the equipment certificates. During the course of the discussion, Brad inadvertently pulled out a schedule for Psyk's 4th Addition, which had been bonded for at an earlier date. The minutes should note that this information was in the current file because of some current questions regarding the issue. In a related matter there was some discussion regarding the timing of the sale. According to the bond traders, they feel that rate will be good at the time of the sale because of the trends that they are seeing now. It was noted that if rates start to move real crazy that the sale can be cancelled. There was also some discussion regarding whether or not the City will want to finance the Savitski Street Improvement Project as well. Maureen was asked to check with Andy to see about the timing of the project. Hearing no other discussion regarding the matter, a motion was to set the bond sale for the last meeting in February or the first meeting in March. The bond would be for the Parksedge Improvement Project, and the Equipment Certificates and Savi tski' s Street Improvement Project if the timing is right. The motion was made by Bob Braun and seconded by Jim Krystosek. Prior to the vote, Jim Walsh asked that the Council delay taking any action on the matter until the new Council members were sworn in and could take action on the matter. He noted that he did; not feel that the Council really knew what sale they were really setting up and felt that more information was needed. Bob Braun stated that he felt that the Council was fully aware of what they were doing and refused to redraw his motion. Hearing no comments the vote was taken. All were in favor and the motion carried. At this time Gary Schwenzfeier commented that he was glad to see the new Council members at the meeting. Hearing no other comments a motion was made to adjourn the meeting. The motion was made by Don Cornelius and seconded by Jim 6 . . . I, {, .Krystosek. All were in favor and the motion carried. , 7