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1992-01-06 CC Minutes . ALBERTVILLE CITY COUNCIL JANUARY 6, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch, and Mark Barthel, Ci ty At torney Mike Couri, City Engineer Thore Meyer, Ann Bednarczyk City Secretary, and City Clerk Linda Houghton. Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended at the request of Donatus Vetsch by adding a discussion of the Hockey Rink under Administration, and Duane Berning requested that the Maintenance Department be added to the agenda for the next meeting. Vetsch made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. . Berning questioned the voided checks listed on the consent agenda. Linda expl ained that it was due to the new software package recently acquired. It was requested that the follow-up sheet be added to the consent agenda. Potter wanted to clarify page three of the minutes of the December 16, 1991 meeting regarding the fact that an impact report is also to be submitted by Meyer-Rohlin with regard to Westwind Third Addition. Barthel made a motion to approve the minutes of the December 12, 1991, joint meeting with the City Council of Otsego. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the December 16, 1991, regular meeting of the City Council. Vetsch seconded the motion. All voted aye. Don Scherber addressed the Council regarding a snow plowing and damage compl aint which occurred when the maintenance department cleaned out the fire hydrant at his home. The snow was pushed 22 feet into his yard damaging his rock garden and pushing up I andscape timbers. He feel s the Ci ty shoul d pay the cost of restoration. Mayor Walsh made it clear that the City does have an easement of approximately 10 feet for the purpose of installing utilities, pushing up snow, etc. Although the property owner is responsible for maintaining that 10 feet, the City is still entitled to use it and Walsh is of the opinion that landscape timbers should not be placed around fire hydrants. . Ken Weber be cleaned out. more than once cleaned first questioned how many times a fire hydrant needs to He questioned why they needed to be cleaned out and who pays for the second cleaning. They were with a loader/blower and second with a shovel . . . following the last snowfall. He months to get this job done. Lindsay's personnel file that it hydrants cleaned out. also questioned why it took two Berning wants it noted in Ken took two months to get the fire Vetsch made a motion that the Ci ty pay to restore Scherber's rock garden to it's previous condition in the spring that the City look into adopting an ordinance regarding this of si tuation in the future. Berning seconded the motion. voted aye. Mr. and type All City Engineer Thore Meyer reported that Westwind Second Addition will be completed next summer. He also reported that he has a meeting with the MPCA on Wednesday, January 8, 1992, in order to obtain the final parameters for aeration at the wastewater treatment plant. The feasibility study is scheduled for spring. Meyer stated that the flow meter is installed but still not working. It has been pulled twice. It may be a problem with the hydraulics. The manufacturer is reanalyzing the system and will continue to do so until the flow meter is working properly. City Attorney Mike Couri opened the discussion on Sunshine Kennels. Helen Ackerman, owner of Sunshine Kennels, read a statement which is included in the minutes. Couri stated that the issue before the Council is that Sunshine Kennels is in violation of the Ci ty Ordinance and State Statutes and that the Ci ty is within its rights to require Sunshine Kennels to be in compliance wi th the Ci ty Ordinance and State Statutes prior to issuing a license. Patti Salzwadel, Animal Control Officer, stated that Ralph Ackerman had indicated to her that he will not meet compliance standards. She further stated that he has not submitted his pl ans to the Ci ty pri or to his December 30, 1991, deadl ine. Salzwadel stated that she had tried working with the Ackermans but was unable to get their cooperation. Jane Kell y stated that she had visi ted the kennel on two different occasions and was appalled at the deplorable conditions the dogs live under. Gerald Dwyer stated that he had talked with USDA and that they are also concerned with the conditions at the kennel. Ronnie Andrews of the MN Purebred Dog Association wanted it noted that there is a distinction between providing shade and providing proper ventilation and both, not just one, must be provided. Ellen Olmsheid had visited the kennel and was appalled by the condition of the dogs and questioned Ralph Ackerman's integrity. Couri reminded everyone present that the Council's decision must be an objecti ve one based on non-compl iance wi th the Ci ty Ordinance and State Statutes, not the health conditions, which were the main concern of the members of the audience. Barthel made a motion, based on the recommendations from Couri and Salzwadel, that the City send a certified letter (return . . . receipt requested) to the Ackermans stating that the Ci ty is refusing to issue a license, listing the City's reasons for doing so, and ordering Sunshine Kennels to cease and desist the business operations. The letter will also state that the Sheriff will be requested to issue a citation and that the matter will be turned over to the Wright County Prosecutor's Office for prosecution. The motion was seconded by Vetsch. All voted aye. Couri next raised the issue of the Wastewater Debt service funds, which have already been levied to the 1992 taxes. Walsh questioned why this was I evied and not paid for out of the wastewater treatment fund. Couri explained that it could be done ei ther way but the budget was put together in anticipation of levying this the same has been done in prior years. Walsh stated that he felt it was unfair for residents to continue to pay for the development of the wastewater treatment plant and that it should be paid from the wastewater treatment fund. It was determined that it was too late to change it for 1992, but that it could be discussed and changed in August for the 1993 budget. Vetsch made a motion to adopt the following resolution: RESOLUTION , 1992-1 BE IT RESOLVED by the Albertville City Council, Wright County, Minnesota that the debt service due in 1992 on the bond issued for construction of the wastewater treatment plant will be serviced through a tax levy upon all real property in the City of Albertville, payable in the year 1992. Potter seconded the motion. All voted aye. Codification of ordinances was discussed next. The book is ready to go the printer pending adoption by the Council. Potter made a motion to adopt the following resolution: RESOLUTION' 1992-2: BE IT RESOLVED, the Albertville City Council, Wright County, Minnesota hereby ordains as follows: ORDINANCE' 1992-1 AN ORDINANCE ADOPTING THE ALBERTVILLE CITY CODE The Ci ty Counci I of the Ci ty of Al bert vi II e Ordains: Section 1. Code Adopted. There is hereby adopted that certain revision and codification of the ordinances of the City contained in a printed compilation entitled "Albertville City Code." A copy of such code shall be marked "Official Copy" and filed as part of the official record of the City in the office of the City Clerk. . . . Section 2. Repeals. This Code repeals only those prior ordinances of the City of Albertville which are superseded by or conf I ict wi th a subsequent ordinance which has been passed by the clty Council. Section 3. Copies. The Ci ty shall provide a sufficient quantity of the Albertville City Code for general distribution to the public and City Clerk shall give notice in the official newspaper for at least two successive weeks that copies are available in the Clerk's office for examination or purchase. Section 4. Prima Facie Evidence. The Albertville City Code shall be Prima Facie evidence of law of the City of Albertville. Section 5. Effective Date. This ordinance becomes effective upon passage and publication according to law. Passed this 6th day of January, 1992. /s/ James A. Walsh Mayor ATTEST: /s/ Linda Houghton City Clerk The motion was seconded by Barthel. All voted aye. It was agreed by the Counci 1 to set up a meeting wi th the Frankfort Town Board, tentatively for January 15th at 7:30 PM at the Albertville City Hall to discuss the 1-94 drainage problem and the Frankfort fire contract. Vetsch will attend the Joint Powers meeting on January 9th in st. Michael in Walsh's place, since he is unable to attend. Couri is checking with regard to the easements necessary for the new sewer line and wi II know where we stand by the next meeting. Berning was concerned wi th regard to the Ci ty Engineer's appointment. He feel s that the Ci ty needs someone wi th more expertise in wastewater treatment. Walsh feels the present engineer has designed the City's current system which meets State and Federal standards. Walsh also feels that it would be cost prohibitive to replace our current engineer. Vetsch concurred with Walsh stating that Thore Meyer is familiar with our City and the system. Meyer stated that he currently has, and always has had, the City's best interest at heart. He also stated that his firm has . engineered 9 or 10 wastewater treatment facilities. Meyer stated that, when necessary, Meyer-Rohlin does hire outside consultants. He has also been the City Engineer for over 20 years. Berning questioned a possible conflict of interest with the engineer also doing work for developers in Albertville. Meyer stated that Westwind Third Addition will be the last project his firm will do for a developer in Albertville. Berning also expressed his concern that Meyer was getting up in age and questioned what would the City do if he retired. Meyer stated that should that ever be the case, he would work with whoever took his place to make the transition as easy as possible for all involved. Vetsch made a motion to accept the 1992 appointments as presented for consideration. No second was heard and the matter was tabled. otsego has signed fire contracts wi th Monticello and Elk River. Both Berning and Potter felt the letter Walsh sent to otsego was an ultimatum. Walsh said he was sorry it was taken that way, but it was not intended to be an ultimatum. He was only doing what the Council had previously agreed upon. Walsh stated that the budget is Albertvi II e' s and that otsego was presented wi th a service contract for fire protection, medical services, etc. . John Barthel suggested that a depreciation schedule instead of building costs could be used. Gordy Berning questioned how the Fire Department was to recover the lost revenue. Walsh said, possibly by austerity. Potter stated that it would probably come out of capital outlay. Potter requests that all correspondence be signed by the Mayor and all Councilmembers in the future. Mark Daleiden's resignation from the Planning Commission was presented. Barthel made a motion to accept the letter of resignation. Vetsch seconded the motion. All voted aye. Linda was directed to send a letter to Mr. Daleiden thanking him for his service. The Mayor and all Councilmembers are to sign. Barthel made a motion to have Linda advertise for someone to fill the vacant seat on the Planning & Zoning Commission. Vetsch seconded the motion. All voted aye. . Kevin Mealhouse's contract for Building Inspector was presented next. C. Paulson pointed out that the appointments have not yet been made; therefore, a contract cannot be approved. Couri was of the opinion that the 1991 appointments are good until reappointment takes place. Paulson stated that a motion must be made to extend the appointments. He then questioned what the problem with the appointments was. . . . Berning stated that he wanted a second opinion with regard to the feasibility study on the wastewater treatment system. Potter stated that he advocated changing City Engineer for the sake of change. Doug Psyk was supportive of Meyer-Rohlin and the job they have done in the past for the City. Vetsch made a motion to approve the 1992 appointments as presented. Barthel seconded the motion. Berning and Potter voted against. Walsh voted aye. The motion carried. (1992 Appointment List attached). Barthel made a motion to approve the Financial statement from December 11 - December 31, 1991, as presented. Vetsch seconded the motion. All voted aye. Barthel made a motion to pay the bills as presented (Check I's 6033-6054). Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve the Mealhouse for building inspection services. motion. All voted aye. contract wi th Kevin Potter seconded the Vetsch feels the hockey rink should get flooded this week- end since it is supposed to get cold. Walsh feels it is the Park Board's responsibility to determine how they want the hockey rink handled and bring their recommendations back to the Council. Potter suggested that when optimum flooding temperatures (suggested temperature 26 degrees) are reached, the second person in the Maintenance Department should come in at 10:00 PM and work for the 3 1/2 to 4 hours it takes to get the job done. That person could then come in late the next morning in order to avoid overtime. Walsh wasn't sure that would be acceptable under state statutes wi th regard to rate of pay. Couri was directed to check the statutes in regards to split shifts. Potter made a motion that he, Potter, Houghton wi th the proper speci fications for Linda wi II be responsibl e for gi ving those maintenance department. Vetsch seconded the aye. is to present Linda flooding the rink. di recti ves to the moti on. All voted Berning presented a copy of an ordinance in effect in Rogers requiring recycling services for residential buildings with more than eight dwell ing uni ts . Couri wi II research and get back to Linda with his findings. A motion was made by Vetsch to have the Fire Department appoint a committee to compile the costs associated in building a new fire building, to determine feasibility and to present same to the Council for review at the next meeting. Potter seconded the motion. All voted aye. . . . Barthel made a moti on to adjourn. motion. All voted aye. Berning seconded the