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1992-03-02 CC Minutes . . . ALBERTVILLE CITY COUNCIL March 2, 1992 Albertville City Hall 7:30 PM PRESENT: Hayor James Walsh, Councilmen Duane Berning, Hike Potter and Hark Barthel, City Attorneys Bill Radzwill and Hike Couri, City Engineer Thore Heyer, City Clerk Linda Houghton Hayor Walsh called the regular meeting of the Albertville City Council to order. The Council reviewed the agenda and made the following additions under Community Forum: Rob Ferrian - request for on-street parking Dennis Fehn - discuss office addition to current building and under Administration: Bids for the sale of the used computer Pot ter made a motion to approve the amended agenda. seconded the motion. All voted aye. Barthel Barthel made a motion to direct Ken Lindsay, Working Foreman in the Haintenance Department, to attend the first regular Council meeting of the month. Berning seconded the motion. All voted aye. Mike Couri explained that Rod Fraser has been out of the office for the past two weeks and, therefore, the agreement with Fraser Steel has not been finalized yet. The follow-up sheet from the February 18, 1992, meeting was approved on a motion by Berning, seconded by Potter. All voted aye. Berning made a motion to approve the minutes of the February 18,1992, regular Council meeting. Potter seconded the motion. All voted aye. The Council reviewed Ken Weber's letter of complaint dated February 25, 1992, regarding all eged improper sump pump inspections. Weber requested that the Council direct the clerk to register this compl aint in each of the maintenance employee's files. Weber told the Council he personally knows of several other houses that were not inspected. Councilman Berning told the Council he has spoken with the maintenance employees and they told him they did not, in fact, visually inspect every house. Potter requested that a letter be placed in the personnel files of both maintenance employees stating that the Counci I was misl ead and reports to the Council were falsified. Berning stated that lying to the Council and falsifying reports should be grounds for suspension without pay if it occurs again. Weber presented the Counci I wi th signed statements stating the maintenance department did not visually inspect their sump pumps . from Kevin Roden, Hark Weber, Ken Evavold, and Jeff Chounard. Hayor Walsh stated that he believed that the maintenance foreman should reinspect these houses on his personal time. Attorney Radzwill told the Council that the employees must be notified in writing of the complaint against them. The City Clerk should be directed to prepare a staff report on the incident, which will be available only to the City Council. The clerk will investigate the charges and the staff report should document the facts of the case only. The employees must be notified that they have the option of requesting a closed hearing to discuss the matter with the Council. Potter made a motion directing the clerk to inform the two employees involved of the situation and to prepare a staff report detailing the facts in the situation for the Council to consider on April 6, 1992. Barthel seconded the motion. All voted aye. Tom Wiswell, 5696 Hain Avenue NE, reported that he has had several sewer back-ups at his home. He asked the Council what steps were being taken to correct this si tuation. The Counci I explained that they are currently working with he city engineer and the HPCA to correct problems in the wastewater system. . Wiswell al so expl ained that he has a probl em wi th storm drainage in his back yard. Water flows from the street, over the curb and into his yard. The Council directed Thore to inspect the area and make a recommendation to the Council on what needs to be done to correct the problem. Rob Ferrian, 5449 Lambert Avenue NE, requested permission to park his vehicles on the street in front of his home, because his driveway has not been completed and the driveway is nearly impassable. The Council directed Linda to contact the Wright County Sheriff's Department notifying them that the Council has granted Ferrian an exception that allows his cars to be parked overnight on Lambert Avenue NE. Dennis Fehn addressed the Council on his request for a grading permit to remove approximately 40,000 cubic yards of dirt from the Eicher property. Because Thore was not in attendance at the time, the Council decided to table this discussion until the engineer is present. The Council reviewed the report on the fire at the skating rink warming house. The Council agreed to have the maintenance department remove the stove and the fuel from the warming house as soon as possible and to lock and board the entry into the warming house. . Because the Planning and Zoning Commission did not follow legal procedures in selecting a candidate to fill the vacancy on the Commission, the Council tabled action on the appointment until a legally valid recommendation from the Commission is presented. . Barthel made a motion to adopt RESOLUTION '1992-10 amending the 1992 Fire Department budget by moving the $3,200 budgeted in account '101.422.000.574.130 (Capital Outlay Air Packs) to account '101.422.000.574.120 (Capital Outlay - Turn-Out Gear), pending an official written request from the Fire Chief. The total dollar amount budgeted in '101.422.000.574.120 (Capital Outlay - Turn-Out Gear) wi)l be $5,700. Potter seconded the motion. All voted aye. Hayor Walsh asked the Council to make a clarification of how the closed meeting scheduled for later this evening was determined. The consensus of the Council members present was that the closed meeting was schedul ed because each of the Counci I fel tit was necessary. Hayor Walsh stated he will no longer speak to newspaper reporters via telephone. He will be available to the press on City Council meeting nights and any other time he is at City Hall. Berning made a motion to recess the public portion of the City Council meeting at 8:55 PH, conduct the closed meeting pertaining to attorney/client matters, and reconvene the public meeting at 9:20 PH. Potter seconded the motion. All voted aye. . PH. Hayor Walsh reconvened the public City Council meeting at 9:25 Arlan Middleton, the City's insurance agent, explained to the Council how the Errors and Omissions liability insurance works. He stated that overt acts committed by the City Councilor City employees under Council direction would be legitimate claims against the policy. Oversights or mistakes made by the Councilor Ci ty employees are not covered under the Errors and Omissions policy. Berning made a motion to request Middleton to contact the League of Hinnesota Cities and ask that a representative of the LHC address the full Counci I regarding insurance coverage. Potter seconded the motion. All voted aye. It was the unanimous opinion of the Council that if no satisfactory explanations were provided by the League of Hinnesota Cities, the attorney general's office will be contacted and asked to look into these questions. The Council reviewed Dennis Fehn's site plans for the excavation of the Eicher property. The Council tabled a decision on granting an excavation permi t unti I after the Ci ty of st. Michael has been notified of the proposal and been asked for their input on the effect the excavation may have. . Attorney Radzwill advised the Council request a performance bond from Fehn if and when the permit is granted. . Linda was directed to invoice Fisher-Porter for the reimbursement of the $87.40 freight bill to send the flow meter back to the manufacturer. Linda was directed to request the service maintenance records on the pick-up from the maintenance department. Berning made a motion to approve the Financial statement for the period February 11 - February 26, 1992. Potter seconded the motion. All voted aye. Berning made a motion to pay the bills as presented (Check #6189 - 6223). Potter seconded the motion. All voted aye. Thore reviewed the memo dated February 26, 1992, that was prepared by Thore and Frankfort Township engineer Peter Raatikka. Barthel made a motion to accept the recommendation of the engineers and to appoint Councilman Berning and Councilman Vetsch (Hayor Walsh, alternate) to the committee to resolve the drainage problem. Berning seconded the motion. Barthel, Berning and Walsh voted aye. There were no "nay" votes. Councilman Potter abstained from the vote because he owns land that would directly be benefitted by this proposal. The motion carried. . Berning made a motion to postpone the public hearing scheduled for April 6, 1992, at 7:00 p.m. for the purpose of reallocating the monies from TIF districts #4, #5 and #6, until after the engineer has completed his report on the wastewater treatment expansion. Potter seconded the motion. All voted aye. Linda presented the Council with her written recommendation dated Harch 2, 1992, that Ann Bednarczyk be promoted to permanent employee status. Councilman Potter stated that Ann has done an excellent job putting together the ordinances that were codified. Attorney Hike Couri stated that Ann works extremely well with the legal department. Barthel made a motion that Ann Bednarczyk be promoted to permanent employee status effective immediately. Potter seconded the motion. All voted aye. The City received two sealed bids for the sale of the old computer. Potter made a motion to accept Kevin Healhouse's bid of $201.05 to purchase the computer. Berning seconded the motion. All voted aye. Barthel made a motion to proclaim the week of Harch 9th as Girl Scout Week in the City of Albertville. Potter seconded the motion. All voted aye. . Doug Psyk indicated that Thore Heyer has engineered all of his plats and he wishes to continue to use Thore as his engineer for his Fifth and sixth Additions. He explained to the Council that the project will fall under the 429 statutes. The Council will not have a problem with Thore designing and engineering the project. . . . Hayor Walsh reported that a Joint Powers committee will conduct interviews for an engineer at City Hall on Harch lOth. Potter reported that there will be a meeting to discuss the boundary between the st. Hichael-Albertville district and the Elk River District on Thursday, Harch 12th at 7:30 PH at the community center in Elk River. Linda was directed to contact the state representative and senator to advise them of the meeting. Barthel made a motion to adjourn at 11:00 PH. Potter seconded the motion. All voted aye. /7' . /;../ .,j..-., ~i. ,/. 7/'. /~'~~~i~1~;h f~i~i~~>J;Z-V1