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1994-01-03 CC Minutes . . . . . ALBERTVILLE CITY COUNCIL January 3, 1994 Albertville city Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Sharon Anderson, Albert Barthel and John Vetsch, City Clerk Linda Houghton, City Engineers Thore Meyer and Norm Gartner Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended Administration: Check # 8167 Check # 8168 with the following additions under Discuss Berning made seconded the - Kathy Hanson (14.5 Hrs @ $20/hr.) 290.00 - NSP (Wire/Install light at 1,439.35 Four Seasons Park) purchase of used time clock a motion to approve the agenda as amended. motion. All voted aye. Vetsch The minutes of the December 20, 1993, meeting were amended on Page 5, Paragraph 8 to add the following: "Vetsch seconded the motion. All voted aye." Anderson made a moti on to approve the minutes of the December 20, 1993, City Council meeting as amended. Barthel seconded the motion. Mayor Potter asked for further discussion. Resident Jim Walsh asked to discuss portions of the minutes before the vote for approval was taken. He specifically asked why the meeting with The Brimeyer Group was scheduled for 5:00 PM instead of the usual 7:00 PM or 7:30 PM time. Mayor Potter stated that Walsh was out of line and, as mayor, he would have Walsh removed from the meeting if it continued. Mayor Potter called for a five minute recess at 7:37 PM and left the Council chambers. The meeting was reconvened at 7:40 PM. Mayor Potter recognized resident Jim Walsh's question regarding the time of the special meeting on Monday, January 10 and will discuss the question under Community Forum. Howard Larson questioned the minutes regarding why the culvert size for L & D Trucking property was increased from the 21" culvert as calculated by the City engineers to a 30" culvert and who is paying the difference between the culvert sizes. Mayor Potter stated that the Council wanted to be sure that the culvert would be of sufficient size to ensure that the Barthel, Marx and Psyk properties would not have water backing up. The property owner (L & D Trucking) has agreed to install whatever size culvert the City requested. Councilmember Barthel added that the culvert underneath the railroad is a 30" culvert and he wanted to be sure that future problems would not be created by installing a smaller culvert. . . . e . ALBERTVILLE CITY COUNCIL January 3, 1994 Page 2 of 5 Mayor Potter called for a vote on the minutes of the December 20, 1993, meeting. All voted aye. Jim Wal sh questioned why the special meeting wi th The Brimeyer Group was scheduled for 5:00 PM when some concerned residents were unable to attend a meeting because of work schedules. He specifically asked for the reason that the meeting was not scheduled at the usual 7:00 or 7:30 PM start times. Mayor Potter stated that no decision will be reached at this special meeting and the Council will be listening to a proposal only. Potter added that any decision concerning this proposal wi 11 be made at a regular City Council meeting. Mayor Potter directed the clerk to contact The Brimeyer Group and request that the meeting be changed to either a 7:00 or 7:30 PM start time. walsh questioned why, if there is to be no decision reached at this special meeting on January 10, there is a special meeting at all. walsh also questioned if the Council would be paid for attending this special meeting and Potter answered yes. Corny Paulson asked where the money to pay the consultant's fee is coming from and, if the decision is made to hire an administrator, where that money is coming from and who is being replaced. Mayor Potter indicated that there is a ten-minute limit on Community Forum items and Walsh's ten minute limit was over. Walsh asked Mayor Potter if he had any discussions with or made any offer to anyone within the City's employment to accept a position other than the one they are in. Mayor Potter answered no. Walsh again asked if Potter had made an offer to an employee to accept another position if an administrator is hired. Potter answered he had not made an offer. walsh rephrased his question to ask if Potter had made a "suggestion" of this nature. Potter stated Walsh would have to ask City Attorney Radzwill. Corny Paulson asked if Potter and anyone else had met with an employee to discuss this issue. Potter stated that Paulson would have to talk to Mr. Radzwill. Potter asked that the residents refrain from this area of questioning. Paulson asked if any other members of the Council were aware that Potter had scheduled this meeting. Potter stated he did not know if the other Councilmembers were aware of the meeting beforehand and that the meeting was never brought up before the Council. Tim Phillips questioned why the dirt stockpiled up on the Hennum property has not been removed. The building inspector had red-tagged the site and later an additional load of dirt was dumped by Widmer, Inc., from the street sweepings on Lander Avenue. City Engineer Norm Gartner notified Widmer, Inc. the same day as the Phillips notified the City that the dirt must be removed. Norm . . . . . ALBERTVILLE CITY COUNCIL January 3, 1994 Page 3 of 5 wi 11 check his fi 1 es regarding Widmer's invol vement. Linda was directed to verify the facts and send a letter to Hennum regarding the dirt. A copy of the letter will be sent to Phillips as well. Gary Schwenzfeier asked the Council if there was money was budgeted in the 1994 budget to pay the costs of hiring a firm to locate an administrator. Mayor Potter stated that no money was budgeted for this consultant. Howard Larson asked if the Council had an estimate of the cost of legal fees and other costs to the City because of the assessment appeals filed by the residents of 50th street. Potter stated the Council had no idea what those costs would be. Larson questioned where the money to cover those expenses would come from. Larson stated that the rumor in town is that the Ci ty is planning to build a $750,000 fire hall on a lease/purchase agreement and would like to know if there is any truth to this rumor. Potter stated that there was a committee formed last year to look into building a new fire building, but that the first estimate that he had seen was for $390,000. Larson questioned if there is a I ease/purchase agreement being considered. Potter stated there was not, that it was just one avenue of exploration. Potter explained that there is a budget for this expenditure and they were trying to find out if a building could be constructed for what was in that budget and that is as far as it has gotten. Larson questioned if the Council will notify the public should they decide to pursue a lease/purchase agreement. Anderson stated that the fire building committee is exploring different options and nothing is concrete. Gartner stated that all testing of major equipment at the wastewater plant has been done and the City has a letter dated December 30, 1993, from the MPCA stating that the special conditions on the sewer extension permits for the new additions are lifted and are now allowed to connect to the wastewater system. The new apartment complex is at this time on line. The ponds are being filled and Norm anticipates total operation of the facility sometime in March. Howard Larson questioned if the otsego Creek have been given to otsego. has all the necessary figures. figures of discharge into Potter replied that otsego Mayor Potter next called attention to his proposed appointment list and asked if there was any discussion. Berning stated that he would like to acknowledge reading the letter dated January 3, 1994, from Meyer-Rohl in requesting that the Counci I del ay the appointment of a city engineer until Meyer-Rohlin had a chance to . . . . . ALBERTVILLE CITY COUNCIL January 3, 1994 Page 4 of 5 discuss the issue with the Council. Barthel made a motion to table appointment of the Ci ty Engineer unti 1 the Counci 1 meets wi th Meyer-Rohlin. The motion died for lack of a second. Thore Meyer stated that he was disappointed in the way Meyer- Rohlin, Inc. found out that the firm was not to be appointed and that he received no notification until he picked up the agenda packet this morning and read it on the appointment list. He felt that after having worked with this City for over 25+ years, Meyer- Rohlin deserved better treatment than that. City Clerk Linda Houghton stated that she had been informed of the change in appointments by Mayor Potter late Wednesday afternoon and had been directed to keep the information confidential. Thore further stated that if the Council has any problems with Meyer-Rohlin's performance that he would have appreciated the opportunity at least to discuss them. Howard Larson questioned why the engineer's appointment was being changed and if there was a particular reason why Meyer- Rohlin was being replaced. Potter stated there had been some problems over the past year in the areas of 50th street, the lack of inspections as the wastewater treatment building addition was being constructed, and the connection of the Westwind Third Addition apartments to the sewer main before the expansion of the wastewater treatment facility was on line. Both former mayors Jim Walsh and Corny Paulson stated that during their terms they had not encountered probl ems wi th the engineering firm. Wal sh further questioned if there was enough money in the current budget to cover the engineering fees from RCM. The 1994 budget includes $6,000 for general engineering services. Norm Gartner stated that the problem with the lack of inspections at the new addition to the wastewater was a miscommunication problem between his firm and the building inspector and he does not feel that Meyer-Rohlin is totally responsible. Norm admitted a mistake was made with the connection of the apartment building to the water and sanitary sewer system. The error caused the City Council some inconvenience, but that no financial or other harm to the City came as a result of the error. The problem was immediately corrected and no flows were allowed into the sanitary sewer lines until December 30/ 1993. Jim Walsh stated there would be additional expenses in making a change in engineering firms. Meyer-Rohlin knows the city's infrastructures and that experience and knowledge is extremely valuable. Mayor Potter stated that the appointment list is his recommendation and the Council must approve the appointments. Berning made a motion to approve RESOLUTION '1994-1 entitled A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS . . . . . WITH THE CITY OF ALBERTVILLE FOR THE YEAR 1994. Anderson seconded ALBERTVILLE CITY COUNCIL January 3, 1994 Page 5 of 5 the motion. Anderson, Berning Vetsch and Potter voted aye. Barthel voted no. The motion carried. Anderson made a motion to approve payment of Check #'s 8160 - 8168. Barthel seconded the motion. All voted aye. The Council reviewed a proposal from Gruys Borden and Carlson to compl ete the 1993 ci ty audi t at a cost of $6,000. Babcock, Langbein and Company has given the Council a not-to-exceed cost of $4,500 for the 1993 audit. Berning made a motion to hire Babcock, Langbein and Company for the 1993 audi t . Vetsch seconded the motion. All voted aye. Linda informed the Connci I that she has found a used time clock, time cards, and card files at a cost of $125. The supplier has suggested that the owner would probably sell the complete unit for $100, if the offer were made. The Council discussed the need to have accurate hours logged for the time spent at the wastewater treatment facility in 1994 and agreed to have the maintenance department keep a written log of their time at the plant, rather than using a time clock. A representative from the Wright County Sheriff's Office related there are some problems with the street addresses on Jason Avenue NE and 61st and 62nd Streets. Linda wi 11 meet wi th the officer to clarify the addresses. The officer also suggested that the Council adopt an ordinance establishing closing times in the local bars and regulating minors in those establishments. Linda will get copies of other area ordinances regarding these matters. Barthel made a motion to adjourn at 9:23 PM. Berning seconded the motion. All voted aye.