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2002-06-24 JPWB Minutes JOINT POWERS WATER BOARD MINUTES Regular Meetmg of June 24, 2002 7:00 PM JPWT Plant Board Room Present Olson, Kessler, PaulItn, Hagerty, Kottke, Vetsch The meetmg was called to order at 7 00 PM MIke Potter and Latour, Pay Request #1 were added to the agenda MOTION BY PAULLIN, SECONDED BY KESSLER, TO ACCEPT THE CHANGED AGENDA MOTION CARRIED UNANIMOUSLY MIke Potter explamed that he IS workmg on Items attached to rus father's estate He belIeves there are ED A charges attached to a pIece of property that hIS father purchased from the CIty of Hanover The EDA charges of$25,011 attached to Pill #108-500-362103 have a legal descnptIon refernng to 71 50 acres The parcel Mr Potter states IS owned by hIS father's estate IS roughly 2 acres Mr Potter states that these charges are holdmg up the closmg of the sale of thIS property wruch IS scheduled for thIS Thursday He would lIke the total EDA charges dIvIded out by acreage and paId accordmg to acres owned Mr Potter stated "for the record" that they were not notIfied of the charges, Dunmck Bros & GIlcnst were notIfied The Board's attorney, Scott Landsman, was present for another matter on the agenda and was asked If the charges could be splIt up m the way suggested Landsman stated that WIthout havmg more tIme to reVIew everythmg he could only gIve an educated guess, but feels that under the statute we would have the nght to reopen the assessments He states the problem bemg, that If we agree to charges per acre and he finds that we cannot reopen the assessment process then we would be out the money He also stated that If we dId agree he trunks the tItle company would want sometrung from the Jomt Powers Water Board shoWIng what the agreement IS Mr Potter states that to be true and also states that the tItle company would hold twIce the amount stated In escrow He felt a motIon of some kInd would need to be made and legal should come up WIth some sort of document that would confirm that Landsman stated that he would need to have more InfOrmatIOn mcludmg proof of what has been spItt off of the ongmal 71 50 acres He would also need a legal descnptIon of the parcel Mr Potter IS refernng to In regards to hIS father's estate and probably other mformatIon as well MOTION BY VETSCH, SECONDED BY PAULLIN, TO ONLY ASSESS MR POTTER FOR THE ACREAGE OWNED, TO BE SPLIT BETWEEN THE ENTIRE 71 50 ACRE PARCEL Landsman stated that he would need much more mformatIon and some tIme to look mto all of the legalItIes, not the least ofwruch IS whether or not the assessment process can be reopened MOTION AMENDED BY VETSCH, SECONDED BY PAULLIN, TO MOVE ALONG THE LINE OF THE FIRST MOTION, SUBJECT TO THE REVIEW OF THE BOARD'S ATTORNEY AND DIRECTING STAFF TO TAKE APPROPRIATE ACTION OLSON, KESSLER, PAULLIN, KOTTKE, AND VETSCH VOTED AYE HAGERTY VOTED NA YE MOTION PASSED Hagerty thought all the facts and InfOrmatIOn should have been gathered and looked mto by legal who could then present a recommendatIOn at the next meetmg JOINT POWERS WATER BOARD MINUTES Regular Meeting of June 24, 2002 7:00 PM JPWT Plant Board Room MOTION BY KESSLER, SECONDED BY PAULLIN TO APPROVE THE MINUTES OF THE REGULAR MAY, 2002 MEETING MOTION CARRIED UNANIMOUSLY MOTION BY PAULLIN, SECONDED BY HAGERTY, TO APPROVE THE CONSENT AGENDA MOTION CARRIED UNANIMOUSLY Scott Landsman was present to answer any questIons the Board had regardmg pnvate wells for /: IrngatIon Landsman began by tellIng the Board what Mark Johnson, Dept of Health, had stated that the statutes that govern wells do not allow Jomt power boards or others to regulate wells for IrngatIOn He says we can reqUIre propertIes to hook up for drInkmg water or water used mSIde, but for ImgatIOn we cannot He sIted ordmances and regulatIOns Mr Johnson saId that If we put a watenng ban m effect It could mclude pnvate wells ThIS conversatIOn came late m the day and Landsman hasn't had a chance to look everythmg over completely HIS opImon IS that most CItIes and government entItles don't follow that rule, If there actually IS a rule Therefore, he feels we're bemg told we can't do what most government entItIes do He wIll check WIth the League ofMN CItIes and find out what theIr pOSItIon IS on It Landsman's pOSItIon IS that we have a nght to regulate Landsman WIll look mto tills further and If what he finds IS more complIcated than Just what the rules are and exactly what can or cannot be done, then he WIll agam present at the next meetmg CatlIn presented the "mock up" of the artwork that WIll go on Tower #2 Paullm wanted to clarIfy that the lettenng for thIS logo WIll come out of St MIchael and AlbertvIlle funds only, not Hanover funds Browmng and Olson stated that there IS no separatIOn offunds PaullIn remmded the Board that that was not what was stated at the Apnl, 2001 meetmg and referenced a letter wntten by the St MIchael CIty admlmstrator Olson remmded her of the motIon made at the last meetmg that approved up to $10,000 00 for thIS project and that It would take precedence over the preVIOUS motIon Paullm had further documents she wanted to reVIew and the meetmg contmued WIth New Busmess whIle those documents were located Browmng presented the polIcy renewal for League ofMN Insurance Trust MOTION BY HAGERTY, SECONDED BY TO KOTTKE, APPROVE RENEWAL OF THE POLICY MOTION CARRIED UNANIMOUSLY CatlIn stated that the work for the eXIstmg tower IS gomg very well He recommends payment of EnComm pay request #2 MOTION BY VETSCH, SECONDED BY PAULLIN TO APPROVE PAY REQUEST #2 MOTION CARRIED UNANIMOUSLY CatlIn presented Latour's pay request #1 and states that that work IS almost complete We are hooked up by the pump house and are complete all the way up to the tower He recommends payment MOTION BY HAGERTY, SECONDED BY KOTTKE TO APPROVE PAY REQUEST #1 MOTION CARRIED UNANIMOUSLY JOINT POWERS WATER BOARD MINUTES Regular Meetmg of June 24, 2002 7:00 PM JPWT Plant Board Room MOTION BY HAGERTY, SECONDED BY PAULLIN, TO APPROVE THE REVISED LIST OF CLAIMS MOTION CARRIED UNANIMOUSLY Kessler stated that we are sendmg letters to Nestor VonBank who IS deceased Landsman stated that he was now aware of that fact and has now been speakmg wIth Ted VonBank The meetmg returned to the unfinIshed busmess of Fmahzmg the Logo for Tower 2 The letter from Bob Derus from St Michael, dated Apn112, 2001 Tllis letter was requestmg that St MIchael/AlbertvIlle Home of the KnIghts be pamted on the eXIstmg water tower (Tower # 1) and thatthose cItIes would be solely responsIble for the cost of thIS The motIOn, of Apnl, 2001, approved the pamtmg of that logo on the water 'towers', WIth the proVISO that they WIll go back to the cIties WIth the cost of that before proceedmg There was some dIscussIOn regardmg the pOSSIble pamtmg of Hanover only on a future water tower, however, nothmg definItive MOTION BY PAULLIN, SECONDED BY VETSCH, TO RECONSIDER THE MOTION OF MAY, 2002 THAT APPROVED $10,00000 FOR LOGO PROJECT PAULLIN AND VETSCH VOTED AYE OLSON, KESSLER, HAGERTY, AND KOTTKE VOTED NA YE MOTION FAILED CatlIn presented colors for lettenng ofthe logo MOTION BY HAGERTY, SECONDED BY KESSLER, TO USE PURPLE HAZE FOR THE LETTER OLSON, KESSLER, HAGERTY, AND KOTTKE VOTED AYE PAULLIN AND VETSCH VOTED NA YE MOTION PASSED MOTION BY PAULLIN, SECONDED BY HAGERTY TO ADJOURN THE MEETING AT 8 35 PM MOTION CARRIED UNANIMOUSLY ~d~ Recordmg S~retary