1991-01-22 CC Minutes
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COUNCIL MINUTES
JANUARY 22, 1991
The regular meeting of the Albertville City Council was called
to order by Mayor Jim Walsh. Members present included Mark
Barthel, Don Cornelius, Donatus Vetsch, and Duane Berning. Others
present were Maureen Andrews, Thore Meyer,City Engineer, Ken
Lindsay and .Jackie Peterson. Others present were Gary
Schwenzfeier, Judy Roden, Lori Winters of the Crow River News, Rick
Wacker, Jim Krystosek, Howard Larson, and Doug Psyk.
The agenda for the evening's meeting was reviewed by the
Council. Maureen informed the Council of four additional items to
be added to the agenda. They were as follows:
1. The Park Board Minutes from January 17, 1991.
2: Barthel Construction's request for building permit refund.
3. The Sunshine Kennels and Humane Society issue.
4. Building Inspector's Contract.
A motion was made by Don Cornelius to approve the Agenda.
Donatus Vetsch seconded the motion. All were in favor and the
motion carried.
The minutes for the January 7th, Council Meeting were reviewed
by the Council. Duane Berning pointed out that he did not hear a
motion by Don Cornelius to appoint the City's current Building
Inspector. Don then stated that he did indeed make that motion.
Donatus Vetsch commented that he had heard that the motion was not
to be recognized. At that time the Council requested to see
Jackie's hand written notes. The Council checked them. Jim Walsh
then stated that it really does not matter, because the issue has
since been resolved.
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Duane Berning pointed out that the last paragraph on page 7
should read, "time to think" instead of "time to thing". He also
said that page 3 paragraph 3, stated that all were in favor the
snow plowing ordinance. He pointed out that he had abstained from
the vote. He then questioned the'lst paragraph on page 6, which
said that the Council Member which has not yet filled the vacant
seat, would also be a liaison between the new school project and
the Council along with Jim Walsh and Donatus Vetsch. Jim then
stated that was not what he had meant. He said it was to be
Donatus and himself only.
Hearing no further comments, Donatus
approve the January 7th, minutes with
Cornelius seconded the motion. All were
carried.
Vetsch made a motion to
the corrections. Don
in favor and the motion
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The Council then reviewed the minutes of the January 14th,
meeting. Jim Walsh stated that the last paragraph on page seven
was not correct, and asked the paragraph be struck from the
minutes. Don Cornelius then made a motion to approve the January
14th, minutes. Mark Barthel seconded the motion. All were in favor
and the motion carried.
The first item on the agenda was Maintenance updates. Ken
brought up to the Council the issue of the Snow and Ice removal
policies. He stated that the Park Board had met and discussed the
possibilities of having the walkways and parking lot of the Four
Seasons Park cleared of snow during a snow fall. There was some
discussion, and the Council agreed that it would be a good idea.
The Council decided that the wording for the policy should state
that it will be for the Four Seasons park only, and that it will
only be cleared by one piece of equipment, to eliminate the top
layer of snow. This will help eliminate the liability of the City.
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Ken then informed the Council of the Lakes and Prairie
program.' The City recently had a youth doing some community
service work for the City to work off Community Service time. He
has since finished and would like to be hired on through the Lakes
and Prairie program. The program is designed to employ troubled
youths, using that as an incentive for youths to complete their
high school education through night school. He further explained
that it would not be of any cost to the City because the program
pays the youth not the City. Any workman's compensation liability
will be the Lakes and Prairie program, so therefore there would not
be any liability obligations to the City. He explained that the
youth would be working four hours in the morning, and then
attending school in the afternoon.
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The Council expressed concern regarding the character of the
youth and the possibilities of damage to City property. After some
discussion, the Council requested to see a copy of the youth's
driving record. Don Cornelius then made a motion and Mark Barthel
seconded the motion, to hire the youth under the program pending
the results of his driving record, and documentation from Lakes and
Prairie that there will be no lia~ility to the City.
Hearing no further comments from Ken, Duane Berning asked
whether or not someone is watching whether or not the street lights
are turning off during the day. He had commented that 2 or 3
lights seem to be on most of the time. Maureen explained that the
street lights are all charged at a flat rate per month and that
NSP does not recognize continuously running lights as a high
priority item.
Hearing no comments from the Engineering or Legal Department,
the Council moved on to Administration. The Council reviewed the
Income and Bills to be paid. There was question as to what the
bill for Crow River Farm was for. Maureen explained that of it was
for fencing for the Fire Department, and they will be reimbursing
the City $1,200.00 for the fence.
Donatus then asked about the Federated Propane bill. He thought
that it seemed too high. He reminded that Council that the building
used to have electric heat, and that the reason for the switch to
propane was to save money. It seemed to him that the propane was
just as expensive as the electric. The Council then requested to
see a comparison of the electric costs for the building verses the
propane costs, and the have them for the next meeting.
Jim Walsh then asked why there were blank checks for Mike
Rutkowski. Maureen explained that payroll was on Tuesday the 29th
and Mike normally has over time compensation. We do not know until
that time what the amount would be. At that time it would be
filled in. Jim then stated he does not like to sign a blank check,
and requests to see the amount reflected in the next meeting's
list.
Donatus Vetsch then made a motion and Don Cornelius seconded
the motion, to pay the bills check numbers 11249 through 11287
excluding 11284. All were in favor and the motion carried.
The Council then discussed the approval of the new City
Attorney. As requested Maureen had provided the cost breakdown
of a financing for a bond issue in the amount of $435,000.00 for
cost comparison.
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Donatus noted that he felt comfortable with the City's current
Attorney and that he served us well. He also pointed out that the
new Attorney will have to start allover. He then suggested that
the City keep the current attorney on a trial basis for one year
and see how things go.
Duane then commented that Bob Miller himself had said that he
did not think that Bill Radzwill would have a problem, considering
that he has a lot of pull. He also stated that Bob counsels 20
municipalities, and Bill Radzwill serves 50 townships and 2 cities.
Howard Larson spoke to the Council. He said that he
remembered a few years back when Gary Meyer was the City Attorney,
and how he did not understand the bond issues. He felt that in
hearing Bob Miller, that he did know the Bond Industry and the bond
process. He also felt that Bob never had any problems answering any
of the questions people had asked him regarding these issues. Jim
Walsh noted Howard's comments but stated that was not the issue
being discussed.
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Howard then asked if Bill was not also the Attorney for
Otsego, and if so, would it present a conflict of interest. Jim
Walsh then stated that in previous discussion both Bill and Bob
Miller felt that there will be no conflict.
There was some question as to whether or not Mr. Radzwil1
could handle Albertville with all the rest of the communities he
works for. Jim Walsh explained that he feels there is not a need
to have a City Attorney present at every meeting. He explained
that the $100.00 per hour attorney fees includes administrative and
secretarial fees and that will never change. He then reminded the
Council that Bob Miller also had said that Bill would probably do
just fine as the Bond Council and Tax Increment Specialist. So in
the long rung the City is going to save Bond Counsel, and Tax
Increment Specialists, since Bill can do it all for the City.
Gary Schwenzfeier pointed out to the Council the fact that
with Maureen resigning as City Administrator, there will be no one
knowledgeable of the events and City projects for a new City
Attorney to work with. The City Attorney needs to work with a
person who knows what has happened in the City in the past few
years. Don Cornelius added that Gary brought up a good point to
consider. Jim then stated that if it becomes an ethics problem, we
would deal with it at that time.
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The Council discussed the idea if they hired Bill Radzwill,
they could have a review of his performance and rates. Donatus
said that if it costs more at that time the City should consider
a change. He also stated that for the record, he feels that with
this change, the minute it costs more, it will come back to haunt
the City.
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Duane Berning then made a motion to appoint Bill Radzwill as
City Attorney with a six month review of the financial costs and
his performance. Mark Barthel seconded the motion. Not all were
in favor so a role call was taken. Mark voted "aye" , Duane
Berning voted "aye" Donatus Vetsch voted "nay", and Don Cornelius
voted "nay". Jim then stated that the Council is tied and the
Mayor votes in favor of Mr. Radzwi11 for the tie breaker.
Maureen asked to clarify if the vote was for Bond Council and
Tax increment also.
Jim then asked the parties making the motion if they were
opposed to amending the motion to approve Mr Radzwill as City
Attorney, Bond Counsel, and Tax Increment Specialist, at which time
they agreed to the amendment. He then asked all those in favor?
Mark Barthel and Duane Berning voted "aye". He then asked all those
opposed? Don Cornelius and Donatus Vetsch voted "nay". Jim then
stated he votes "aye" for the tie breaker in favor of Bill
Radzwill.
The next item the Council reviewed was the final bill for
Loren Kohnen the City's previous Building Inspector. After some
discussion Donatus Vetsch made a motion to approve the final bill
in the amount of $10,453.51. Don Cornelius seconded the motion.
All were in favor and the motion carried.
The Council then discussed the approval of the Sewer
Availability Charge (SAC) increase of $50.00 for a total of.$725.00
per hook up charge. Jim Walsh asked how often this will happen and
when does it stop? Maureen explained that it will be $50.00 per
year until the year 2,000, noting that the SAC Schedule had been
provided to the Council in their packets. After some discussion
Mark Barthel made a motion to approve the Sewer Availability Charge
(SAC) increase of $50.00 per the bond repayment schedule. Donatus
Vetsch seconded the motion. All were in favor and the motion
carried.
The Council then reviewed Maureen Andrews' resignation as City
Administrator. Maureen informed the Council that she had accepted
the position as City Administrator in Waconia. She stated that she
enjoyed working for the City of Albertville. She then said that
this was the first position she had applied for in 3 1/2 years.
She further explained that the last time Waconia's Administrator
position was vacant, she did not have enough experience at that
time.
Don Cornelius then told Maureen that he had enjoyed working
with her. He then stated to the Council and Maureen that he hates
to see her leave, and wished her luck in her new position.
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Maureen then told the Council that she could be done on the
15th of February, and use her accumulated vacation time to make up
the difference of the days she is obligated by contract to work,
or she said she would be willing to work until February 28th, and
be paid for her remaining vacation time. She stated she would be
willing to help the City thereafter, schedule permitting. She then
suggested that the Council needs a motion to accept the resignation
and decide if they wanted to set up a meeting to discuss what they
wanted to.
At that time Jim Walsh said that he did not want to make any
decisions at time because he has not yet had a chance to review
Maureen's contract. He said he wanted to hold off until the next
meeting. He then said that he wants to make sure the contract will
be held up to under the terms of the agreement. He then stated
that there will never be a contract written in the next 2 years.
He wanted to know who wrote the contract and if the City paid for
it.
Donatus pointed out that there was nothing magic about the
contract.
Jim Krystosek pointed out to the Council that it was a big
plus to have the contract. He said that with the City having two
new Council Members, without the contract, and Maureen's vacation
time, she could be done in a week. Now she is committed to the
contract.
Donatus then said he had no problem with Maureen staying on
until the 28th and that we need to get someone in here. He then
made a motion to accept the resignation. Don Cornelius seconded
the motion. All were in favor and the motion carried.
There was some question as to whether or not the Council
wanted to advertise for the City Administrator's position. The
Council decided that they wanted to wait and have time to think
over other options and possibilities. The Council then tabled the
issue until the next meeting.
The Council discussed the approval of the Joint Power's Board
hook-on fees. Maureen explained that the charges were $400.00 per
line inch diameter, and an additional $400.00 flat rate hook-up
fee, which were put into a special fund for the expansion of the
system. The increase will be $200.00 on the flat fee fund. She
then explained an example. She said if it is a 3" line it will
be $1,2000.00 plus the flat $600.00 fee. Hearing no further
questions or comments Don Cornelius made the motion to accept the
increase of the Joint Power's hook-up. Mark Barthel seconded the
motion. All were in favor and the motion carried.
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The Council then discussed the request of the Firemen for an
increase of the Firemen's Relief Fund. Maureen explained to the
Council that she had talked to the Fire Chief, Paul Heinen,
regarding this issue. He had told her that he wants to see the
Fire Department's Standard Operating Procedures up and running
before any increases are put into place.
At that time there were some comments and questions as to what
the Fire Department's policies are. After some discussion the
issue was tabled until further notice.
The next item on the agenda was Barthel Construction's request
for reimbursement on a buildir~ pel~it of a house which will not
be built. Maureen explained that originally Barthel's submitted
and paid for a permit. After the plan review by Kevin Mealhouse
determined that the original house they planned to build was not
acceptable for the lot. Then Barthel Construction submitted a new
permi t, and another plan review was performed. The permit was
approved, but never picked up. Now the house will not be built,
and they are requesting a refund. She stated that the plan reviews
have been done and can not be refunded.
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The question of
then raised. The
administrative time.
breakdown of the refund
administrative time spent on the permits
Council decided to withhold 1 hour
The permit amount was $1, 663.20.
would be as follows:
was
of
The
Permit Amount
Plan review 90-85
Plan review 90-84
Administrative fees
Total
$ 1,663.20
232.70
238.70
100.00
$ 1, 091. 95
Donatus Vetsch then made a motion to refund the permit minus
the plan review charges and the Administrative charges. Don
Cornelius seconded the motion. All were in favor and the motion
carried.
Jim stated that he had met with Mosford and Barthel regarding
the accounting for the City. They were to be out the next day at
8:00 a.m. to go over the some accounting procedures and software
for the City. Jim also stated that he would like to see Jackie do
the entry work on a daily basis, and will provide to the Council
a financial statement each month. He also said he had arranged for
Mike Bromberg, from Greenfield to demonstrate an accounting package
he has.
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In another matter, Maureen updated the Council on the Sunshine
Kennels issue. She said that the Humane Society will be sending
the Sunshine Kennels a letter regarding all of the violations of
State Statutes and their recommendations to resolve the problems.
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Jim Walsh then brought up the issue of purchasing a fax
machine. There was some discussion between the Council and the
people in the audience of the pros and cons. It was decided that
Jim would pick up a machine at the Wholesale Club, which he is a
member of. Donatus Vetsch made a motion to have Jim pick up the
machine at the Wholesale Club. Don Cornelius seconded the motion.
All were in favor and the motion carried.
The Council discussed a few other issues. Duane Berning asked
if there had been any discussion on recycling plastics. Jackie
commented that she had talked to Wright Recycling, and it sounded
like it would not cost that much more per month, and would look
further into the matter.
There was some discussion also as to who wi11 be liaison for
the different special meetings and staff. Jim said he will
continue to be liaison for the Maintenance Department. Wi th
further discussion between the members of the Council, it was
decided that Mark Barthel will be Park Board representative, and
Duane Berning will be the liaison between the School District and
the City.
Hearing no further comments from the Members of Council, Don
Cornelius made a motion to adjourn the meeting. Mark Barthel
seconded the motion. All were in favor and the motion carried.
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INCOME/BILLS TO BE PAID
JANUARY 22, 1991
INCOME
SEWER ACCOUNTS
GLORIE BALFANZ - KENNEL FEES - DOG
ALBERTVILLE BROOMBALL LEAGUE - DONATION
FRASER STEEL
MINNEGASCO - PERMIT INFORMATION
WRIGHT TITLE GAURANTEE - SPECIAL ASSESSMENTS
11249
11250
11251
11252
11253
11254
11255
11256
11257
11258
11259
11260
11261
11262
11263
11264
11265
11266
11267
11268
11269
11270
11271
11272
11273
11274
11275
TOTAL
$ 114.01
&1.50
3f.0.oo
E00.oo
50.00
5,999.99
$ 7,134.50
BILLS TO BE PAID
MAUREEN ANDREWS
JACKIE PETERSON
KEN LINDSAY
VOID
MIKE RUTKOWSKI
MIKE RUTKOWSKI - 12 HRS OjT
VOID
BOB BRAUN
DON CORNELIUS
COMMUNICATION AUDITORS
NORTHERN GASES INC.
ROAD RESCUE, INC.
DJ'S TOTAL HOME CARE
MONTICELLO ANIMAL CONTROL
PERA
LMCIT - 1991 DIRECTORY
ROBERT MINKEMA
CROW RIVER FARM EQUIPMENT CO.
FIRST TRUST
FIRST TRUST
FIRST TRUST
AMERICAN NATIONAL BANK
NORWEST BANKS
QUEST DATA
EMERGENCY APPARATUS MAINTENANCE, INC.
HACKENMUELLER'S INC.
MEDCENTERS
$ 848.23
4...18 . 49
741.00
rn2'.00
414.64
88.29
l2klO.oo
00.00
00.00
151.29
153.41
367. 79
366 . 27
67.50
149.02
64.50
320.00
198 . 76
73,741.25
51, 872.50
95,870.88
60,350.00
63,861.50
320.00
235 . 58
226. 11
597 . 10