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1990-01-16 CC Agenda/Packet.61 !i ' 11 COMMUNITY 1 i •1 _ ,, Sheriff �41 F METat- • IN - 1C4N• i - - c . LEGAT, - Other Buser d. ADMINISTRATION * - Income Received and Bills to be Paid * - Approval of the City of Albertville`s Personnel Policy * - Approval of the 1990 Budget - Approval of the 1990 Salaries 0 - Work Meetings 1. Meeting with Loren Kduben Regard; Outstanding Building Permits and Billing 2. Joint Public Dearing Regarding Conditional Use Permit for NSP - Additional Items t K:E•,. FMORTS OTHERU E CitiesCompilation of Statements Small - - - 0 COUNCIL MINUTES JANUARY 16, 1990 The regular meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members present included Bob Braun, Don Cornelius, Donatus Vetsch and Jim Krystosek. Others present included Maureen Andrews, Lorie Villareal., Bob Miller and Kevin Mealhouse. The agenda for the evening's meeting was reviewed by the Council. Donatus Vetsch made a motion and Don Cornelius seconded it to approve the agenda. All were in favor and the motion carried. The minutes of the January 2nd Council meeting were reviewed by the Council. There were no corrections or additions, so a motion was made by Jim Krystosek to approve the minutes of January 2nd. Don Cornelius seconded the motion. All were in favor and the motion carried. The representative from the Rogers Area Chamber of Commerce was not present at the meeting. Kevin Mealhouse was present for a discussion with the Council concerning the status of the current and past building permits. He Indicated that there would not be any problems with taking over the inspections. A question was asked about the fees on inspection jobs. Kevin commented that Loren can only charge for the inspections that he actually did. He went on to say that some inspections can be combined if several inspections are needed at one location and that he will charge only for the inspection work that he does. He is responsible only for what he signs off on on the inspection card. During their discussion, the Council felt that if the City pulls in one permit, then they need to pull in all of the permits. They felt that only so much time should be given to finalize those permits that only need a final. inspection. Don Cornelius made a motion stating that outstanding building permits, those that only a need a final inspection be done by Loren and the permits then turned over to the City y the l3-ouncil meeting on February 5, 1990. Don amended his motion to have these final_ inspections done by February let after hearing that it was the general consensus of the Council that this was enough time to het the work completed. Bob Braun then seconded the motion. All were in favor and the motion carried. The Council also agreed that Loren should be contacted to turn over all permits that have not been completed and that all outstanding bills be brought up to date and turned over to the City by February let. A motion was made by Jim Krystosek and seconded by Donatus Vetsch to contact Loren to bring all outstanding bills up to date and to turn over all permits that have not been completed by February 1st. All were in favor and the motion carried. The Council also agreed that at least a copy of the records needs to be brought in by Monday, January 22nd and turned over to Kevin at that time. Sheriff Donald Hozempa was present at the meeting. After introducing himself, Sheriff Hozempa told the Council that he would be glad to answer any questions that the City or the Council might have. Sheriff Hozem a stated that he was 45 years old and started as a de_putg with the Bounty in 1973. In 1979 he was promoted to Sergeant and in 1985 to Lieutenant. In August, 1989 he was a pointed by the County Board to position of Sheriff after the death of Darrell Wolff. Sheriff Hozempa assured the Council that the level of service received when Sheriff Wolff was in office would continue as long as he is in charge. He also assured the Council that the level of communications would remain as open as they are now. A question from a Council member asked whether or not it was possible to have more Saturday and Sunday patrol, especially during the summer months? Sheriff Hozempa answered that anything is possible - some things may need to be rearraned but that would not be too difficult. The Sheriff stated that calls for Albertville for 1989 were up by more than 100 calls. Also, being that Ostego Township now has its own hours, it frees up a car for some available hours elsewhere. It is ossible to combine with other communities for extra coverage. Ostego .-. ownship is on a 40 hour contract per week but a car is run all seven days. Sheriff Hozempa commented that twenty-six thousand calls come into dispatch a year and that twenty-five thousand other calls come in to be filtered out to other areas. There are three consoles in the communications center. He went on to comment that criminal damage is up all over the County. For instance, 79 breakins have occurred on lakes with fish houses being broken into. That is up considerably. Also, littering on lakes has become a big problem. Another question asked was what about the problems out at the Wastewater Treatment Facility? Sheriff. Hozempa told the Council that the deputies are now logging whenever they patrol by the facility. He agreed that it is very annoying when driving on the dikes keeps occurringg. He stated that the City may indeed have to move the fence but that if -may in the long run cause more expense by having to repair the fence each time the incident occurs. A Council member asked if there were any ordinances that are a problem to enforce? Individual Councils have been asked to give the Sheriff's Department copies of their ordinances to be used as a "tool" in enforcing the law. One last question asked was that when the Fire Department is called out on a call and the Sheriff's Department is also involved, should not both departments try to work together? PAGE 2 Sheriff Hozempa stated that it would help if deputies would take the initiative to pitch in and help wherever they are needed. If they are not doing their jobs, then call Sheriff Hozempa immediately. He stressed that, please, do not let the problem get old but address it immediately. At this point, there were no more questions and Sheriff Hozempa thanked the Council for the opportunity to address their meeting. There was no update from the Maintenance Department. There was no update from the Engineering Department. Mr. Mary Vetsch owner of the Albertville Bar and Mrs. Arlene Woods, owner of the 162 Club, were present to discuss the increase in liquor license fees. Mr. Vetsch stated that he felt the business owners should have been notified beforehand of the upcoming increase in the fees. He questioned whether or not the City felt that this was a common courtesy. To this, Bob Miller commented that no public hearing would need to be involved in order to allow these increases. Maureen also commented that the issue of increasing the liquor license fees was discussed at budget meetings and due to the lateness of the time element, the Council did not even have time to think about what effect this increase would have on the business owners or that the business owners would like to be informed of the forthcoming increase. Mr. Vetsch stated that raising the on sale liquor license from $1500 to $2000 was a 33% increase. He questioned why the increase all at once - why could not it have been negotiated over a 3 to 5 year span. Then it would have been put into some kind of perspective. He went on to say that being a bar owner is a tough competitive business. The City has lost one license this year already with the closing of Ronay`s. The business owners were told that the license has not increased for at least eight years and it was time to review the fee. Maureen pointed out to the business owners some of the fees that other surrounding cities are charging and that Albertville was just getting themselves current. The business owners again stated that they felt that they should have been notified first of the upcoming increase so that they could have allowed for some cushion in their own budgets. A Council_ member argued the point that the businesses do not notify their customers when they raise their prices. To that, Mr. Vetsch said that he does not need to 'Zustify his increases and they are not as dramatic as a 33% increase and would not cause major complaints from customers. Mr. Vetsch stated that a $500 increase in one year is not reasonable and he would like to have some kind of. justification. He felt that instead of seeing the 33% increase; the fee could have been raised according to what the current rate of inflation is. Maureen then commented that the Council_ had been considering a $1000 increase but then knocked it down to $500 because they felt that that was too substantial of an increase. It was then the general consensus of the Council that notifying the business owners would present no problem if the City was foreseeing a substantial increase in the liquor license fees. PAGE 3 The business owners then challenged the increase in the gaming license. They felt that the increase from $30 per machine to $50 per machine is a pretty steep jump. Maureen commented that the gaming license was raised in 1986 to $30 per machine and that it was basically a Council decision to raise the fee to $50 per machine. At this point, Mr. Vetsch passed out to the members of the Council some information on court cases that involved the gaming fee. He requested that the Council_ read the information and then respond by giving him some kind of justification for the increase. A member of the Council asked Mr. Vetsch where did the information that was presented to the Council come from? Mr. Vetsch answered that the information came from the gaming people but that he thought it was really irrelevant to the issue. Mr. Vetsch and Mrs. Woods commented that the cities of St. Michael and Monticello do not assess a charge for having gamin machines. Why does the City of Albertville? What is reasonable an what are the guidelines used in determining this license and its fee? Bob Miller responded by saying that there was no disagreement with what is being said in the information. It correctly states the law. He said that cities are not required to license gaming machines but it is generally a good idea. A lot of cities do charge the fees. There are, of course, those that do not. The justification in this is that the potential is there for problems - especially with young people. Mr. Vetsch commented that if the license fee stays where it is -� now at, then he and Mrs. Woods would like to see justification for that in black and white. Mrs. Woods pointed out that some of the amin, machines are rotated every 3 to 6 months because people get urnea out on the same machines and want something new. They only pay for "x" amount of locations (each bar has 5 machines). Council member Donatus Vetsch was asked who pays for the license? To this, Mr. Vetsch stated that the fee is split 50/50 with the bar owner and the gaming people but it really does not matter who is paying the fee. That particular fact is not the issue and is not the business of the Council s. Bob Miller commented that there are some administrative costs involved with issuing this license and probably some policing costs, too. Basically, it is a Council decision and the courts would refer to their judgement in determining whether or not the license for gaming machines can be charged. To this, Mr. Vetsch commented that he could understand some administrative costs but as far as the policing goes, he has not been seeing this done - not anytime durin the time that he has been a business owner in Albertville. There stil needs to be some reasonable justification. A comment from Mrs. Woods concerning minors stated that, with the law change minors under the age of 18 can come into a bar without their parents to eat or to play the gaming machines. They ust can not drink. They do not recommend minors in the bar late at nig t, however. Bob said that the costs can be combined - some administrative, some policing. He felt that a $50 fee would be sustainable in court. He cautioned the Council, however, that the City can not raise revenue this way - they can only reimburse their expenses. page 4 The other alternative the Council has is if they want to reconsider the license fee. The Council. agreed that they would check out some fee charges from other cities for themselves and have this information available for the next meeting. No further action was taken at this point. There was no update from the Legal Department. The income received and the bills to be paid were reviewed by the Council. Other than a question about the engineering bills, there were no other questions or corrections. Don Cornelius made a motion to approve the income received and the bills to be paid. Before there was a second to the motion, the issue of clarifying the overtime came up. The Council would like to see the Maintenance Department write down their reasons for the overtime. It was discussed and agreed upon that Ken and Ray's overtime up to the first of the year be paid off and their overtime from the first be held until the next pay period. Lorie's overtime can be taken in time off since she does not accumulate much time other than Council meetings. Don Cornelius then amended his motion to approve the income received and the bills to be paid to include the fact that Ken and Ray's overtime be paid off up to the first of the year and the overtime from the first be held until the next pay pperiod. Lorie's overtime can be taken in time off. Donatus Vetsch seconded the motion. All were in favor and checks 10141 through 1.0185 were paid. Approval of the Personnel Policy was tabled until the next meeting. The Council approved the 1990 Budget next. Don Cornelius made the motion and Bob Braun seconded it to approve the 1990 Budget. All were in favor and the motion carried. A motion to approve the salaries for 1990 per the 1990 Annual Budget was made by Don. Cornelius. Jim Krystosek seconded the motion. All were in favor and the motion carried. Work meetings will be held on Tuesday, January 16th at 7.00 p.m. and on Tuesday, January 23rd at 7.00 p.m. A. joint meeting with the Council and the Planning Commission will be held on Thursday, January 18th to discuss a conditional use permit for NSP to relocate a power line for the MN/DOT cold weather regional test facility. A seminar of newly elected officials will be held in Bloomington on January 26th. More information is available if anyone is interested in attending. Gary and Maureen are scheduled to meet with the City of Hanover next Monday regarding the recycling issue. It was decided that a meeting with the garbage haulers should be done in a work meeting. Maureen gave the Council a brief update on what was happening with the storm water drainage issue. The Compilation of Statements for the months of March through October 1989 were included in the packet for the Council's review. PAGE 5 The Minnesota Association of Small Cities newsletter was included in the packet for the Council-s review. There was no other business so a motion to ad'ourn the meeting was made by Bob Braun and seconded by Don Cornelius. All were in favor and the meeting adjourned. PAGE 6 CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 COUNCIL MINUTES JANUARY 2, 1990 The regular meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members present included Bob Braun, Don Cornelius, Donatus Vetsch and Jim Krystosek. Others present included Maureen Andrews, Lorie Villareal, Bob Miller, Thore Meyer and Sergeant Bill Correll. The agenda for the evening's meting was reviewed by the Council. Don Cornelius made a motion and Jim Krystosek seconded it to approve the agenda. All were in favor and the motion carried. The minutes of the December 18th Council meeting were reviewed by the Council. There were no corrections or additions, so a motion was made by Don Cornelius to approve the minutes of December 18th. Donatus Vetsch seconded the motion. All were in favor and the motion carried. There was no representative present from the Rogers Area Chamber. The Council heard an update on Joint Powers. The Council was told that the new rates have been approved and will be in effect. There was discussion that a special meeting with Munitech may need to be called in regards to maintenance items. The contract, which was up the first of the year, has now been settled. The contract was settled at $37,800 for a two year contract which breaks down to $3,150 a month. Discussed under Maintenance was the fact that the rink was flooded this afternoon and the signs that were posted for no skating were pulled off. More than likely, this was done by kids. From now on, the signs will have to be fastened in such a way that they will not be able to be pulled off. The issue of the old City truck was discussed. The bid for $800 went to a Mr. Gerard Zachman who declined the bid because he thought that the winch went with the purchase of the truck. Therefore, the bid of $700 from Frank Make our City ........ Your Cit v We invite Home. /ndustrv, Business Bobendrier will be accepted if he is still interested in the vehicle. We have not been able to contact him as he does not have a phone. We will keep trying. Otherwise, there may be the possibility that we will have to rebid. An Ordinance pertaining to No Alcohol in the Warming House was reviewed with the Council by Bob Miller. There was a question about why the number of months was limited on the ordinance. This is because there is no other use for the warming house other than storage. Bob also reassured the Council that the City does have an ordinance in place concerning no glass containers in the park. Donatus Vetsch Bien made a motion to adopt Ordinance 1990-1; AN ORDINANCE AMENDING ORDINANCE NO. 1989-15 ENTITLES "AN ORDINANCE ESTABLISHING RULES AND REGULATIONS GOVERNING CITY PARKS AND PROVIDING A PENALTY FOR VIOLATION THEREOF" BY PROHIBITING POSSESSION OF ALCOHOLIC BEVERAGES IN A WARMING HOUSE. Don Cornelius seconded the motion. All were in favor and the motion carried. Representatives from the Albertville Bar and the 152 Club and Sergeant Bill Correll of the Wright County Sheriff`s Office were present to discuss with the Caincil the issue of the arrest report made in regards to the 152 Club serving a minor. The issue in question related to the fact that the arrest report, rioted that the complaint had been made by the Albertville City Council. The bar owners noted their dissatisfaction regarding the fact that the arrest report was prepared noting the the Albertville City Council was making the orwaplaint. Mrs. Arlene Woods noted that she would have preferred that if the Council had a problem with how the bars were running their businesses that the Council would have talked to them first before going to the Sheriff's Office. Mr. Mary Vetsch of the Albertville Bar rioted that he did not feel that it was a good reflection on the City Council and the City of Albertville to be listed as the complainant in an instance such as this one. At this time the Council was updated on this matter and a copy of the arrest report was made for each member of the Council to review. It was noted that this was the first time some of the members of Council were even aware of the issue. Sergeant Correll also reviewed a copy of the arrest report as well. In reviewing t2-ie report Sergeant Correll noted that it had in fact been written up incorrectly regarding where the complaint had come from. He informed the CrAmcil that he had received a phone call from Maureen Andrews regarding an anor*mous tip she had received concerning the possibility of the bars serving minors and that the City Council had had no involvement with initiating the complaint. He noted that it was likely that the deputy making the report misinterpreted the information regarding origin of the complaint. Sergeant Correll noted that because the tip had been anonymous and that it was general in nature it was the decision of the Sheriff's Office to check a variety of bars in the whole area, thereby not limiting the complaint to PAGE 2 Just the city of Albertville. There was some discussion regarding why the City would pass on an anonymous tip to the Sheriff's Office. It was noted that the Sheriff's Office is an extension of the City and that it is the legal obligation of the city officials and employees to relay information to the Sheriff's Office as it comes in . It was further rioted that typically all complaints to the City are reported at the time of the complaint. Mary Vetsch questioned the authority the City Administrator or any other employee has in making this determination. The "usually" point was clarified to say that if it can be determined that a complaint is civil in nature that the compliant is informed of the situation and informed that they need to talk with an attorney. It was noted that in most ceases the information is still passed on to the Sheriff's Office as well. It was noted that typically the Sheriff's Office will not necessarily act on only one anor*qxAus complaint unless it is life threatening, noting however that special attention will be paid to the area for which the tip was given. Sergeant Correll rioted that if there are multiple complaints received regarding the same matter that the Department will take steps to investigate the matter as was the case in this instance. Because it did riot appear that the parties present for the discussion were satisfied with the explanation given by Sergeant Correll, he went on to explain the fact that anonymous tips are difficult to follow through on because there is no complainant. He rioted several instances where the Sheriff's Office has responded to anonymous complaints regarding issues that no action could be taken because there was no actual complaint and the officer responding could not physically see any wrong doing. Donatus Vetsch, having been a former deputy agreed that these situations are difficult to handle. It was requested that the Arrest Report be corrected to note that the omplaint did not come from the City Council. Sergeant Correll noted that the report was in error and that the Department apologized, but that since the incorrect information was in the narrative and the the actual report documentation it would not have any bearing in the outcome of the case at time of it was heard by the Courts. He noted however that he would speak to the arresting officer and inform him of the clarification. The income received and the bills to be paid were reviewed by the Council. There were a few questions and after having received adequate answers, a mc)tion was made by Doriatus Vetsch to approve the income received and the bills to be paid. Don Cornelius seconded the motion. All were in favor and check numbers 10109 through 10140 were paid. Approval of the appointments for 1990 were dealt with next. There was some discussion including the fact that Bob Braun agreed to be the alternate for the Planning Commission since one had not yet been determined. PAGE 3 Ion Cornelius made the motion to approve the 1990 appointments. Bob Braun seconded the motion. All were in favor and the motion carried. A copy of the levy for 1990 that was sent to the County to be certified was included in the packet for the Council"s review. A motion was made by Donatus Vetsch and seconded by Bob Braun to certify to the County the 1990 levy for the City of Albertville. All were in favor and the motion carried. An increase of the sewer availability charges was discussed. The City of Albertville"s sewer availability charges are based on 40 permits per year. For the year of 1990, the charge will increase from $575 to $675. Each forthcoming year will see an increase until the change of $1,175 is reached. Jim Kiystosek then made a motion to adopt a resolution to increase the sewer availability charge from $575 to $675. Donatus Vetsch seconded the motion. All were in favor and the motion carried. The Personnel Policy was tabled until the Council and the employees have had a chance to meet and discuss any questioning issues. Maureen informed the Council that there would be two vacancies on the Planning C-axnission due to the fact that Kevin Mealhouse is now the building inspector for the City and there would be a direct conflict if he remained or, the Planning Commission. Also, Brian Bebeau would like to vacate his position on the Planning Commission. Therefore, we will need to advertise for new members in the local newspaper. Bob Braun made a motion to allow the City of Albertville to advertise for r►ew Planning Commission members in the local newspaper. Ion Cornelius seoonded the motion. All were in favor and the motion carried. Maureen pointed out to the Council that the storm water utility charges are due to go effect at the same time as the fourth quarter sewer billing. She would like to know if these charges can wait and go into effect with the first quarter of 1990, which will be billed the first week in May. There is no bond structure included in the revenue of this charge. The only loss would be that particular amount of money for the quarter. After some discussion, the Council decided that the storm water utility charge could wait until the first quarter sewer billing to be implemented providing that residents were notified of the upcoming charge on the fourth quarter billing and that notice be put in the local newspaper of the City`s intent. A work meeting is scheduled for Monday, January 8th at 7 p.m. The documents from the accountant will be available to review at Monday night's work meeting. PAGE 4 The charitable gambling issue was discussed next. Maureen told the Council that Rand Patton had called her rather concerned with what the City of Albertville was intending to do with charitable gambling. Because of this concern, it was agreed that Maureen and Gary would attend the next Lions and Jaycees meeting so that they would be fully informed as to how charitable gambling revenues would be handled. A question was raised concerning contract garbage hauling. Maureen said that this issue was next on the agenda for the Council work meetings. We will probably need to hold another public hearing and we will have to find out some information on the recycling containers. It was noted that the County allots $1,000 for the purchase of containers. It was also noted that there is now a 6% sales tax on garbage pickup. Another question brought up was what to do with Christmas trees. Some garbage haulers do riot take them now and soon no one will pick them up anymore. It was suggested that some thought be given to the possibility of having a drop off spot for the trees next year where they could be disposed of by possibly burning them. The Park Board minutes were included in the packet for the Council s review. The November 1989 Sheriff's Report was included in the packet for the !',ouncil`s review. There was no other business so a motion to adjourn was made by Donatus Vetsch and seconded by Don Cornelius. All were in favor and the meeting adjourned. PAGE 5 INCOME RECEIVED JANUARY 16, 1990 SEWERffOi .- 1 1 SERVICE 25.00 TOM SLKYPENpit ii OAKRIDGE BUILDERS, FRANK :• E II' CE' iii �i4 TOTAL $3 , 716.29 BILLS TO BE PAID JANUARY 16, 1990 CHECK NUMBER 10141 PERA 214.48 10142 MINNESOTA DEPARTMENT OF FINANCE 8,0210.07 10143 VOLUNTEER FIREMEN`S BENEFIT ASSN. 78.00 10144 MAUREEN ANDREWS 10145 LORIE VILLAREAL 10146 KEN LINDSAY 10147 RAY VARNER 10148 JIM BECHER 10149 MINNESOTA FORESTRY ASSOCIATION 100.80 10150 WRIGHT COUNTY AUDITOR/TREASURER 12.E 10151 QUEST DATA SYSTEMS, INC. 250.00 10152 SCHARBER & SOH INC. 143.03 10153 NORTHERN OXYGEN SERVICE W.50 10154 MINNECASCO 376.53 10155 MEYER-ROHLIN, INC. 7,897.95 10156 MEYER-ROHLIN, INC. 292.90 10157 MEYER-ROHLIN, INC. 9.873.16 10158 DJ`S TOTAL HOME CARS CENTER 142.34 10159 FIRST TRUST 631.19 10160 NORTHWEST ASSOCIATED CONSULTANTS 407.67 10161 FEDERATED PROPANE 535.50 10162 CRYSTEEL DIST., INC. 35.45 10163 COMMUNICATION AUDITORS 73.00 10164 MEYER-ROHLIN, INC. 264.44 10165 CROW RIVER FARM EQUIPMENT CO. 11.36 10166 C.L. PAULSON & ASSOC., INC. 13.50 10167 FIRST TRUST 75 , 803.75 10168 FIRST TRUST 98,264.38 COE: TO BE PArl PAGE 2 CHECK NUMBER 10169 NATIONAL CITY BANK 18,247.15 10170 AMERICAN NATIONAL BANK 46,310.00 10171 NORWEST BANK Eo,105.00 10172 CHOUINARD`S 29.67 10173 MILLS CHEVROLET INC. 42.20 10174 ROBERT L. MINKEMA 471.60 10175 PERA 10176 SAXON MOTORS, INC. 32.00 10177 ROBERT J. MILLER 71.1.00 10178 FRANKLIN OUTDOOR ADVERTISING 104.00 10179 ST. MICHAEL INSURANCE AGENCY 2,675.00 TOTAL $332,169.55 SEWER ACCOUNTS 152 : BPOOMBALL :'f •i'E & 0-NEILL ADDITIONAL INCOME RECEIVED JANUARY 16, 1990 TOTAL ADDITIONAL BILLS TO BE PAID JANUARY 16, 1990 ELDON MARTIN SUNRISE PLUMBING ABLE HOSE & RUBBER INC. HA(X "S, INC. KEN LINDSAY (Overtime) RAY VARNER (Overtime) $ 79.00 50.00 5,118.75 $5,247.75 20.00 214.75 17.38 14.00 TOTAL $266.13