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1991-01-22 CC Agenda/Packet• CITY COUNCIL AGENDA JANUARY 22, 1991 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF THE MINUTES *January 7, 1991 48 *January 22, 1991 V. COMMUNITY FORUM VI. DEPARTMENT BUSINESS a. Maintenance - Project Update * - Snow and Ice Removal Policy Amendment - Lakes and Prairie Program - Other Business b. Engineering - Other Business c. Legal - Other Business d. Administration * - Income Received and Bills to be Paid Approval of City Attorney Requested Bond Costs Associated with $435,000.00 G.O. Improvement Bond * - Approval of Final Bill for Loren Kohnen * - Approval of Sewer Availability Charge Increase ($725.00) per Bond Repayment Schedule * - Administrator's Resignation Approval of Increase on Joint Power's Board Hook -on Fees - Request from Fire Department to Increase FIREMEN'S RELIEF ASSOCIATION RETIREMENT Payout Other Business n AGENDA PAGE 2 VI. COUNCIL MEMBER'S REPORT VII. OTHER BUSINESS VIII. ADJOURNMENT /'1s, COUNCIL MINUTES JANUARY 22, 1991 The regular meeting of the Albertville City Council was called to order by Mayor Jim Walsh. Members present included Mark Barthel, Don Cornelius, Donatus Vetsch, and Duane Berning. Others present, were Maureen Andrews, Thore Meyer,City Engineer, Ken Lindsay and Jackie Peterson. Others present were Gary Schwenzfeier, Judy Roden, Lori Winters of the Crow River News, Rick Wacker, Jim Krystosek, Howard Larson, and. Doug Psyk. The agenda for the evening's meeting was reviewed by the Council. Maureen informed the Council of four additional items to be added to the agenda. They were as follows: 1. The Park Board Minutes from January 17, 1991. 2. Barthel Construction's request for building permit refund. 3. The Sunshine Kennels and Humane Society issue. 4. Building Inspector's Contract. A motion was made by Don Cornelius to approve the Agenda. Donatus Vetsch seconded the motion. All were in favor and the motion carried. The minutes for the January 7th, Council Meeting were reviewed by the Council. Duane Berning pointed out, that he did not hear a motion by Don Cornelius to appoint the City's current Building Inspector. Don then stated that he did indeed make that motion. Donatus Vetsch commented that he had heard that the motion was not to be recognized. At that time the Council requested to see Jackie's hand written notes. The Council checked them. Jim Walsh then stated that it really does not matter, because the issue has since been resolved. 1 Duane Berning pointed out, that the last, paragraph on page 7 should read, "time to think" instead of "time to thing". He also said that page 3 paragraph 3, stated that all were in favor the snow plowing ordinance. He pointed out that he had abstained from the vote. He then questioned the 1st paragraph on page 6, which said that the Council Member which has not yet filled the vacant seat, would also be a liaison between the new school project, and the Council along with Jim Walsh and Donatus Vetsch. Jim then stated that was not what he had meant. He said it was to be Donatus and himself only. Hearing no further comments, Donatus Vetsch made a motion to approve the January 7th, minutes with the corrections. Don Cornelius seconded the motion. All were in favor and the motion carried. The Council then reviewed the minutes of the January 14th, meeting. Jim Walsh stated that the last paragraph on page seven was not correct, and asked the paragraph be struck from the minutes. Don Cornelius then made a motion to approve the January 14th, minutes. Mark Barthel seconded the motion. All were in favor and the motion carried. The first item on the agenda was Maintenance updates. Ken brought up to the Council the issue of the Snow and Ice removal policies. He stated that the Park Board had met and discussed the possibilities of having the walkways and parking lot of the Four Seasons Park cleared of snow during a snow fall. There was some discussion, and the Council agreed that it would be a good idea. The Council decided that the wording for the policy should state that it will be for the Four Seasons park only, and that it will only be cleared by one piece of equipment, to eliminate the top layer of snow. This will help eliminate the liability of the City. Ken then informed the Council of the Lakes and Prairie program. The City recently had a youth doing some community service work for the City to work off Community Service time. He has since finished and would like to be hired on through the Lakes and Prairie program. The program is designed to employ troubled youths, using that as an incentive for youths to complete their high school education through night school. He further explained that it would not be of any cost to the City because the program pays the youth not the City. Any workman's compensation liability will be the Lakes and Prairie program, so therefore there would not be any liability obligations to the City. He explained that the youth would be working four hours in the morning, and then attending school in the afternoon. K The Council expressed concern regarding the character of the youth and the possibilities of damage to City property. After some discussion, the Council requested to see a copy of the youth's driving record. Don Cornelius then made a motion and Mark Barthel seconded the motion, to hire the youth under the program pending the results of his driving record, and documentation from Lakes and Prairie that there will be no liability to the City. Hearing no further comments from Ken, Duane Berning asked whether or not, someone is watching whether or not, the street lights are turning off during the day. He had commented that 2 or 3 lights seem to be on most of the time. Maureen explained that the street lights are all charged at a flat rate per month and that NSP does not recognize continuously running lights as a high priority item. Hearing no comments from the Engineering or Legal Department, the Council :roved on to Administration. The Council reviewed the Income and Bills to be paid. There was question as to what the bill for Crow River Farm was for. Maureen explained that of it was for fencing for the Fire Department, and they will be reimbursing the City $1,200.00 for the fence. Donatus then asked about the Federated Propane bill. He thought that it seemed too high. He reminded that Council that the building used to have electric heat, and that the reason for the switch to Propane was to save money. It seemed to him that the propane was just as expensive as the electric. The Council then requested to see a comparison of the electric costs for the building verses the propane costs, and the have them for the next meeting. Jim Walsh then asked why there were blank checks for Mike Rutkowski. Maureen explained that payroll was on Tuesday the 29th and Mike normally has over time compensation. We do not know until that time what the amount would be. At that time it would be filled in. Jim then stated he does not like to sign a blank check, and requests to see the amount reflected in the next meeting's list. Donatus Vetsch then made a motion and Don Cornelius seconded the motion, to pay the bills check numbers 11249 through 11287 excluding 11284. All were in favor and the motion carried. The Council then discussed the approval of the new City Attorney. As requested Maureen had provided the cost breakdown of a financing for a bond issue in the amount of $435,000.00 for cost comparison. 3 Donatus noted that he felt comfortable with the City"s current, Attorney and that he served us well. He also pointed out that the new Attorney will have to start, all over. He then suggested that the City keep the current attorney on a trial basis for one year and see how things go. Duane then commented that Bob Miller himself had said that he did not think that Bill Radzwill would have a problem, considering that he has a lot, of pull. He also stated that Bob counsels 20 municipalities, and Bill Radzwill serves 50 townships and 2 cities. Howard Larson spoke to the Council. He said that he remembered a few years back when: Gary Meyer was the City Attorney, and how he did not understand the bond issues. He felt that in hearing Bob Miller, that he did know the Bond Industry and the bond process. He also felt that Bob never had any problems answering any of the questions people had asked him regarding these issues. Jim Walsh noted Howard's comments but stated that was not the issue being discussed. Howard then asked if Bill was not also the Attorney for Otsego, and if so, would it present a conflict of interest. Jim Walsh then stated that in previous discussion both Bill and Bob Miller felt that there will be no conflict. There was some question as to whether or not Mr. Radzwill could handle Albertville with all the rest of the communities he works for. Jim Walsh explained that he feels there is not a need to have a City Attorney present at every meeting. He explained that the $100.00 per hour attorney fees includes administrative and secretarial fees and that will never change. He then reminded the Council that Bob Miller also had said that Bill would probably do just fine as the Bond Council and Tax Increment Specialist. So in the long rung the City is going to save Bond Counsel, and Tax Increment Specialists, since Bill can do it all for the City. Gary Schwenzfeier pointed out to the Council the fact that with Maureen resigning as City Administrator, there will be no one knowledgeable of the events and City projects for a new City Attorney to work with. The City Attorney needs to work with a person who knows what has happened in the City in the past few years. Don Cornelius added that, Gary brought up a good point to consider. Jim then stated that, if it becomes an ethics problem, we would deal with it at that time. The Council discussed the idea if they hired Bill Radzwill, they could have a review of his performance and rates. Donatus said that if it costs more at that time the City should consider a change. He also stated that for the record, he feels that with this change, the minute it costs more, it will come back to haunt the City. 4 Duane Berning then made a motion to appoint Bill Radzwill as City Attorney with a six month review of the financial costs and his performance. Mark Barthel seconded the motion. Not all were in favor so a role call was taken. Mark voted "aye" , Duane Berning voted "aye" Donatus Vetsch voted "nay", and Don Cornelius voted "nay". Jim then stated that the Council is tied and the Mayor votes in favor of Mr. Radzwill for the tie breaker. Maureen asked to clarify if the vote was for Bond Council and Tax increment also. Jim then asked the parties making the motion if they were opposed to amending the motion to approve Mr Radzwill as City Attorney, Bond Counsel, and Tax Increment Specialist, at which time they agreed to the amendment. He then asked all those in favor? Mark Barthel and Duane Berning voted "aye". He then asked all those opposed? Don Cornelius and Donatus Vetsch voted "nay". Jim then stated he votes "aye" for the tie breaker in favor of Bill Radzwill. The next item the Council reviewed was the final bill for Loren Kohnen the City's previous Building Inspector. After some discussion Donatus Vetsch made a motion to approve the final bill in the amount of $10,453.51. Don Cornelius seconded the motion. All were in favor and the motion carried. The Council then discussed the approval of the Sewer Availability Charge (SAC) increase of $50.00 for a total of $725.00 per hook up charge. Jim Walsh asked how often this will happen and when does it stop? Maureen explained that it will be $50.00 per year until the year 2,000, noting that the SAC Schedule had been provided to the Council in their packets. After some discussion Mark Barthel made a motion to approve the Sewer Availability Charge (SAC) increase of $50.00 per the bond repayment schedule. Donatus Vetsch seconded the motion. All were in favor and the motion carried. The Council then reviewed Maureen Andrews' resignation as City Administrator. Maureen informed the Council that she had accepted the position as City Administrator in Waconia. She stated that she enjoyed working for the City of Albertville. She then said that, this was the first position she had applied for in 3 1/2 years. She further explained that the last time Waconia's Administrator position was vacant, she did not have enough experience at that time. Don Cornelius then told Maureen that he had enjoyed working —� with her. He then stated to the Council and Maureen that he hates to see her leave, and wished her luck in her new position. 5 Maureen then told the Council that she could be done on the 15th of February, and use her accumulated vacation time to make up the difference of the days she is obligated by contract, to work, or she said she would be willing to work until February 28th, and be paid for her remaining vacation time. She stated she would be willing to help the City thereafter, schedule permitting. She then suggested that, the Council needs a motion to accept, the resignation and decide if they wanted to set, up a meeting to discuss what, they wanted to. At that time Jim Walsh said that he did not want to make any decisions at time because he has not yet had a chance to review Maureen's contract. He said he wanted to hold off until the next meeting. He then said that, he wants to make sure the contract will be held up to under the terms of the agreement. He then stated that, there will never be a contract, written in the next 2 years. He wanted to know who wrote the contract and if the City paid for it. Donatus pointed out that, there was nothing magic about the contract. Jim Krystosek pointed out to the Council that it was a big plus to have the contract. He said that with the City having two new Council Members, without, the contract, and Maureen's vacation time, she could be done in a week. Now she is committed to the contract. Donatus there said he had no problem with Maureen staying on until the 28th and that we need to get someone in here. He then made a motion to accept the resignation. Don Cornelius seconded tree motion. All were in favor and the motion carried. There was some question as to whether or not the Council wanted to advertise for the City Administrator's position. The Council decided that they wanted to wait and have time to think over other options and possibilities, The Council then tabled the issue until the next meeting. The Council discussed the approval of the Joint Power's Board hook -on fees. Maureen explained that the charges were $400.00 per line inch diameter, and an additional $400.00 flat rate hook-up fee, which Were put into a special fund for the expansion of the system. The increase will be $200. 00 on the flat fee fund. She then explained an example. She said if it is a 3" line it, will be $1,2000.00 plus the flat $600.00 fee. Hearing no further questions or comments Don Cornelius made the motion to accept the increase of the Joint Power's hook-up. Mark Barthel seconded the motion. All were in favor and the motion carried. 6 The Council then discussed the request of the Firemen for an increase of the Firemen's Relief Fund. Maureen explained to the Council that she had talked to the Fire Chief, Paul Heinen, regarding this issue. He had told her that, he wants to see the Fire Department's Standard Operating Procedures up and running before any increases are put into place. At that time there were some comments and questions as to what the Fire Department's policies are. After some discussion the issue was tabled until further notice. The next, item on the agenda was Barthel Construction's request i!:Yr 2'Y A li �i�':s a3 fib. CVrl. a bu. ld- ing rpw--rftit 4--�f a iPous+."± m hlc-h will r %t be built. Maureen explained that originally Barthel submitted and pain for a permit. After the plan review by Kevin Mealhouse determined that the original house they planned to build was not acceptable for the lot. Then Barthel Construction submitted a new permit, and another plan review was performed. The permit was approved, but never picked up. Now the house will not be built, and they are requesting a refund. She stated that the plan reviews have been done and can not be refunded. The question of administrative time spent on the permits was then raised, The Council decided to withhold 1 hour of administrative time. The permit amount was $1,663,20. The breakdown of the refund would be as follows: Permit Amount $ 1,663.20 Plan review 90-85 232.70 Plan review 90-84 238.70 Administrative fees 1-00.001 Total $ 1,091.95 Donatus Vetsch then made a motion to refund the permit minus the plan review charges and the Administrative charges. Don Cornelius seconded the motion. All were in favor and the motion carried. Jim stated that he had met with Mosford and Barthel regarding the accounting for the City. They were to be out the next day at 8:00 a.m. to go over the some accounting procedures and software for the City. Jim also stated that he would like to see Jackie do the entry work on a daily basis, and will provide to the Council a financial statement each month. He also said he had arranged for Mike Bromberg, from Greenfield to demonstrate an accounting package he has. In another matter, Maureen updated the Council on the Sunshine Kennels issue, She said that, the Humane Society will be sending the Sunshine Kennels a letter regarding all of the violations of State Statutes and their recommendations to resolve the problems. 7 Jim Walsh then brought up the issue of purchasing a fax machine. There was some discussion between the Council and the people in the audience of the pros and cons. It was decided that Jim would pick up a machine at the Wholesale Club, which he is a member of. Donatus Vetsch made a motion to have Jim pick up the machine at the Wholesale Club. Don Cornelius seconded the motion. All were in favor and the motion carried. The Council discussed a few other issues. Duane Berning asked if there had been any discussion on recycling plastics. Jackie commented that she had talked to Wright Recycling, and it sounded like it would not cost that much more per month, and would look further into the matter. There was some discussion also as to who will be liaison for the different, special meetings and staff. .Jim said he will continue to be liaison for the Maintenance Department. With further discussion between the members of the Council, it was decided that, Mark Barthel will be Park Board representative, and Duane Berning will be the liaison between the School District and the City. Hearing no further comments from the Members of Council, Don Cornelius made a motion to adjourn the meeting. Mark Barthel seconded the motion. All were in favor and the motion carried. COUNCIL MINUTES JANUARY 7, 1991 Prior to the start of the meeting the two of the new members of the Council were sworn in by 10th District Court Judge Gary Meyer. Persons present for the Swearing In Ceremony included the City Council members, Maureen Andrews, Gary Barthel, Mark Barthel, Don Berning, Bob Braun, Keith Franklin, Gary and Juanita Hurberts, Jim Krystosek, Ken Lindsay, Judge Gary Meyer, Jackie Peterson, Pat Walsh, Kim Walsh and Jon Walsh. Before the swearing in, Judge Meyer made a few comments to those present. He thanked the City for allowing him to do the ceremony and that he was glad to be back. He stated that unlike the past he was at the meeting to swear in the new members of the Council instead of in the capacity as City Attorney. He noted that he saw some of the same faces at the meeting as he had when he was the City Attorney, noting however that some of them were now in a different capacity. Judge Meyer first swore in Duane Berning with Duane's father, Don Berning, holding the Bible. He then swore in Jim Walsh with his wife Pat holding the Bible. After the Swearing In Ceremony, Gary again thanked the Council and then left the meeting. The first, meeting of 1991 was called to order by Mayor Jim Walsh. Members present included Duane Berning, Don Cornelius, Donatus Vetsch. The fourth seat on the Council was vacate due to Mark Daleiden's decision not take his Council seat. Others present included Maureen Andrews, Mark Barthel, Ken Lindsay, and Jackie Peterson. The agenda for the evenings meeting was reviewed by the Council along with the following additions: 1. Request for additional lighting at the City Park so that Broomball can complete their last games of the evening. 2. Need to change the meeting dates for the following two meetings: January 21st to January 22nd for the Martin Luther King's Holiday. February 18th to February 19th for the President's Holiday. A motion was made by Donatus Vetsch and seconded by Don Cornelius to approve the agenda with additions. All were in favor and the motion carried. The minutes of the December 17th Council Meeting were reviewed for correction. Ken noted that on Page 3, Paragraph 4 the sentence should read, "There was also some discussion regarding the fact that some snow mobile are harassing getting in the way of the City Crew when they are attempting to clear the streets of snow". Duane noted that his name had been misspelled as well. Hearing no other comments regarding the minutes a motion was made by Don Cornelius to approve the minutes with corrections. The motion was seconded by Duane Berning. All were in favor and the motion. carried. The first item on the agenda was Maintenance. Ken informed the Council that he had received a requested from the Broomball Association requesting that the lights not be turned off until at least, 10:30 so that they could finish their last games in the evening. Ken noted that he could not remember the contact person's name, but pointed out that when he had spoken with the person he had told him that the Broomball League would need to contact Maureen so that the matter could be put on the Agenda. The Council was informed that at the time of the meeting, no contact had been made. The Council discussed the matter, noting they did not, have any objection to the additional half of hour if the neighbors did not. Mark Barthel who was in the audience and is also a neighbor noted that he did not have a problem with the extra time and that the League had been real quiet to date. It was noted that the timer would set for every day instead of just Broomball evenings. There was a motion to approve the additional one half hour at this time but that the timer would be set back to 10: 00 P.m. if there were any complaints from neighbors. The motion was made by Don Cornelius and seconded by Donatus Vetsch. All were in favor 2 and the motion carried. The Council had copies of the Snow and Ice Removal Policy in their packets for review. Duane Berning asked about the property damage issue. He wanted to know what happens if the City would do damage in the area beyond the 5 to 11 1/2 feet (which is considered street easement). It was pointed out that, if damage is done in the area beyond the easement that the City would be liable for the damage and it would be the responsibility of the City to make or cause to make the repair. The Council was also informed that they had received copies of the Complaint forms so that if members of the Council received any complaints at home that they would be able to properly document them so that staff could respond to them. Mayor Walsh requested that if residents had any questions regarding the policy that the City make available to them a copy of the policy. Hearing no other questions or comments on the policy and the complaint form a motion was made to approve the policy. A motion was made by Don Cornelius and seconded by Donatus Vetsch to approve the RESOLUTION ESTABLISHING A SNOW PLOWING AND ICES CONTROL POLICY. All were in favor and the motion carried. bJ-erri-7 Rbsq�t In a related matter, Donatus Vetsch asked about the complaint that the City had received from the Westwind Subdivision. The Council was informed that a letter would be sent to Mr. Anderson of 6019 Kalland Drive regarding the snow removal policy. Ken also noted that the street sign is in at the proper location and that it was damaged by the party doing the site landscaping and that at the time it occurred they had been asked to correct the situation. He noted that the Maintenance Department will take care of the sign as soon as weather is permitting in the spring. It was noted to the Council that, there was no Engineering for the evenings meeting. Included in the Council"s packet were letters prepared by City Attorney, Bob Miller. The information included the letter to Loren Kohnen regarding the final bill for $10,453.51, a letter to Mr. Steve Berkeland regarding the illegal storage and materials on premises and finally a letter to Mr. Clem Marx regarding a meeting on the proposed storm water project. Mayor Walsh requested that the issue be tabled and the meeting postponed until after the new members of the Council have an opportunity to review the project. A motion was made by Duane Berning and seconded by Donatus Vetsch to table the Marx issue. Due to the fact that Staff could 3 not determine who had voted a roll call vote was asked for. Duane Berning -- aye, Donatus Vetsch -- aye and Cornelius -- aye. All were in favor and the matter was tabled and Maureen was asked to contact Mr. Marx and relay the information to him off the delay. The next matter discussed was Income Received and Bills to be Paid. The Council reviewed the bills. Issues discussed included the bill for Meyer-Rohlin, Saxon Motors, Wright Recycling, United Telephone, Harmon Glass, Breze Industries and Albertville Auto Parts. The Council was informed that the bill for Meyer-Rohlin was incorrect and should have been in the amount of $9,498.93 and the there should have been a check for Dennis Fehn for $6,727.40. The matter regarding the old bill for Saxon Motors was discussed. The Council was informed that the bill was for deduction for the alignment kit and idler arm that needed to be replaced in Chevy Pickup, Donatus Vetsch asked about the Wright Recycling bill. He questioned why there was another bill at this meeting when it had been on the last bill list. It was pointed out that normally the bill is on the Bills for the first meeting of the month, but that in December the bill was not received until after the December 3rd Council meeting. Duane asked if the bill for United Telephone was unusually high or normal. It was pointed out that this bill is about average. Don Cornelius asked about the Harmon Glass bill. Ken stated it was for the repair made on the snow plow truck. Jim Walsh asked about the Breze Industries bill. Ken noted that this bill was for welding rods and supplies. Duane Berning asked what was on the Albertville Auto Parts bill. Maureen reviewed the bill with the Council and noted that the two largest bills were for materials needed to make repairs on equipment. At this time Mayor Walsh asked about the use of Purchase Orders (P.O.'s). It was noted that at one time P. 0.'s were required for items over $25.00, but that it had been the Council's decision to discontinue the use of them. Mayor Walsh stated that he felt that P.O.'s were a good idea because it is the best way to keep track of money being spent by the City, instead of waiting until after the expenditure has been made. Donatus Vetsch agreed with Mayor Walsh, stating that at one time it had been recommended by the Auditors that the City implement the practice. 4 It was suggested that petty cash could be used to reimburse employees for items that they purchased personally as long as a receipt was attached to the invoice. Don Cornelius suggested that he felt that there should be a set amount established by the Council so that the small items could be purchased, noting that in the past all large expenditures have been approved by the Council prior to the purchase anyway. Mayor Walsh stated that he disagreed with this practice and that he wanted to see the P.O.'s implemented. Hearing no other comments or questions a motion was made to approve the bills. A motion was made by Donatus Vetsch and seconded by Don Cornelius. All were in favor and checks 11214 through 11257, excluding check numbers 11231, 11232, 11249 -- 11254 were approved. The next item on the agenda was the 1991 Appointments. The list included the following recommendations from the Mayor: ACTING MAYOR DON CORNELIUS PARK BOARD REPRESENTATIVE DUANE BERNING PLANNING COMMISSION DONATUS VETSCH HEALTH BOARD DONATUS VETSCH ADMINISTRATOR/CLERK/TREASUR.ER MAUREEN ANDREWS BUILDING INSPECTOR LOREN KOHNEN WEED INSPECTOR. DONATUS VETSCH CITY ATTORNEY BILL RADZWILL JOINT POWER'S REPRESENTATIVE DON CORNELIUS & JIM WALSH ENGINEER MEYER-ROHLIN FINANCIAL ADVISOR JURAN & MOODY PLANNER NORTHWEST ASSOCIATED CONSULTANTS (DAVID LICHT) TAX INCREMENT CONSULTANT BILL RADZWILL BOND COUNSEL BILL RADZWILL DOG CATCHER PATTY SATZWEDEL (CATCHER) & MONTICELLO DOG POUND (KENNEL) BOARD OF VARIANCE JIM WALSH MEDICAL OFFICER DR. DAVID EHLENZ CIVIL DEFENSE DIRECTOR GREG BERNING FIRE DEPARTMENT REPRESENTATIVES JIM WALSH & MAUREEN ANDREWS OFFICIAL NEWSPAPER CROW RIVER NEWS OFFICIAL DEPOSITORY SECURITY BANK NORTH- WEST TWIN CITY FEDERAL STATE BANK OF ROGERS MIDWEST FEDERAL Mayor Walsh stated that he two additions he would like to add to the list. The first being Accounting, he noted that he was recommending Barthel and Monsford Accounting of Monticello as a replacement for Bob Minkema as City Accountant, pending a meeting with the firm. Secondly is recommended that Donatus Vetsch, Jim Walsh and the person filling the Council seat vacancy serve as Liaison with the St. Michael/ Albertville School Board. Don Cornelius questioned why there had been a recommendation to change Building Inspector, Bond Council, Tax Increment Specialist and City Attorney, Don Cornelius asked what was wrong with the current Building Inspector. No response was given regarding the Building Inspector's position, instead Jim Walsh went on to talk about the appointment of the City Attorney. Mayor Walsh stated that he had talked to Bill Radzwill regarding the City Attorney's position and that it was his opinion that Radzwill would save the City money. He noted that in speaking with Bill that he would be able handle the issues which are currently being preformed by the Tax Increment Specialist and Bond Counsel through his office, noting that he would obtain certification of bond structure through a recognized Bond Council. Bob Braun, who was in the audience, stated the he felt that the appointment of Radzwill as City Attorney would be a conflict of interest because he currently serves as Legal Counsel for the City of Otsego and he felt that the City will have problems in the future because of it. Mayor Walsh stated that he felt that there was same type of conflict with Bob Miller because he is the Attorney for the City of Rogers as well as the City of Albertville. Bob Braun stated that he felt that there is a potential for problems because there are several issues that are pending between Albertville and Otsego. He also noted that he felt that there was a difference between Bob Miller representing Albertville and Rogers compared to Bill Radzwill representing the City and Otsego because Otsego is a neighboring city and we share a common property line with Otsego and that Frankfort Township separates Albertville from Rogers. Mayor Walsh stated that he felt there was the same possibility for the problems with Rogers because Bob Miller represent two cities that are competing for development, He also noted that he felt that Bill Radzwill was qualified to be the City Attorney, since he was dually sworn as an attorney in the State of Minnesota and that he had been on both sides of the fence with Bill. First, during the time that the City was involved in an Annexation Hearing with Otsego and then working with Bill through the Development Corporation. Mayor Walsh noted that if a problem of conflict of 6 interest between the two cities does occur that a change can be made at that time. Don Cornelius stated that he felt that things were going smoothly with Bob Miller and did not see that there was any need for a change. Don also noted that Jim or the new Council members had not ever worked with Bob Miller and suggested that the appointment of City Attorney be delayed until the new members of the Council had had a chance to work with Bob Miller for a few months. Jim Walsh again noted that he was comfortable with the appointment of Bill Radzwill as City Attorney and he did not feel that it was necessary to delay making the change. Don Cornelius state that not appointing Bond Counsel or a Tax Increment Specialist scared him because too many issues could arise that the City Attorney may not be able to handle. Jim Walsh stated that he did not think change was bad, noting that with the swearing in of a new Governor the State of Minnesota will see changes due to Governor appointments and that this is not a problem on the State level. Don Cornelius stated that he felt that there was a conflict with Bill Radzwill as City Attorney, noting that he was in agreement with Bob Braun's statement. Mayor Walsh state that he felt that there had been a mandate for change at the November 6th election and that, he was making the changes he felt necessary. Duane Berning asked how the City would deal with a possible annexation from Otsego in the event that the matter would arise. Mayor Walsh stated that persons wishing to "detach" would first have to appear in front of the Otsego City Council and then in front of the Albertville City Council. At this time then the matter would be settled. In a related matter, Mayor Walsh stated that Bill Radzwill would charge $100.00 an hour, which is the standard going rate for legal fees. It was asked of Maureen what Bob Miller charges she noted that it was $100.00 an hour for general legal work and $300.00 a month or $150.00 per meeting for attending Council meetings. Jim Walsh stated that he did not feel that there was a need for the City Attorney to be at every meeting, instead would rather only have him present on an as needed basis. He state that he,felt that the Council should be able to have time to thine for themselves without being pressured into making a quick decisions. Mayor Walsh assured the Council that there would be no difference in services by making the change. 7 Don Cornelius again stated that not having Bond Counsel scared him because of the fact that they are self insured in case of a problem with a bond structure and again asked that discission be held off on for the time being. Jim state that the City would try it without Bond Counsel and if it does not work that a change can be made. Donatus Vetsch noted that having Bond Counsel does not cost the City any money because this cost is passed back to the project as part of the bonding cost. At this time it was decided that the Council should table the matter of the appointment of a Tax Increment Specialist and Bond Counsel so that Bill Radzwill could explain how he could save the City money. Don Cornelius requested that the City keep the present City Attorney. Jim Walsh stated that he was against that option. The issue of the Building Inspector was again raised by Don Cornelius. He noted that he could not see any way of going back to having Loren Kohnen, Metro West Inspection Service, do the building inspection because of the problems that the City had in the past. Mayor Walsh suggested that maybe the only way to resolve this issue was to have the two Building Inspectors into a meeting so that, they could meet face to face. It was suggested that a meeting be set up so that Council could come to a final decision on the matter. At this time the Council was asked to review the fax received from Loren Kohnen, which included a cover letter, resume and references as well as a list of cities that Loren currently works in. Mayor Walsh stated that he was not disqualifying Kevin Mealhouse as a Building Inspector, but he felt that with the construction of a new high school that Loren would be more qualified. Mayor Walsh also noted that Loren is proposing to charge 60% of the building permit fee and 100% of the Plan Review. Noting that this is 15% less than what Kevin Mealhouse charged in 1990. He also noted that Loren is currently working 23 cities and has a list of references. Relating to the issue of the number of cities Loren works for, Duane Berning stated that it was his opinion that Loren was to big and that there are problems with some of the inspectors. He also stated that, with Kevin you know what you are getting because he is the only one doing the work. Again Jim Walsh suggested that the issue be tabled and a meeting scheduled between the two inspectors and the City Council. N At this time Mr. Gary Herbert,6030 Kalland Drive, was recognized from the audience. He noted that he had purchased a home from Gardner Brothers and that, there have been maJor problems with the home since the time of the purchase. He noted that the problems that, existed could have been eliminated if proper inspections had been done on the house. Problems noted to the Council include the following: * No firewall between the garage and the house. Improper completion of the installation of the fireplace, including exposed wood, which resulted in not being able to use the fireplace. No insulation in some of the walls. He noted that they had had a company out to preform a infra -red heat loss test on the house and found several walls with little or no insulation in them. He was informed by the company testing the house that it was likely that 60% of his gas bill use bogus because of heat, loss that they are currently experiencing do to the improper installation of insulation. Fire alarm did not work when they first moved into the house. Mr. Herbert noted that within the past year, they had hired two separate building inspectors to check the house for deficiencies and that they have hired an attorney to get the problem resolved. Mrs. Juanita Herbert noted that there 4 or 5 other property owners in the subdivision that have problems with the their homes. Mr. Herbert stated that it was likely that, there was enough evidence for a class action suit regarding their house and possibly some of the others as well. Donatus Vetsch asked when the house was constructed. He was informed that the Herbert's had closed on their house July of 1989 and that Loren Kohnen was the Building Inspector responsible for the inspection of the construction of the house. Duane Berning again stated that he felt that Loren's business is too big. He also asked what Kevin charged for inspection services. Maureen informed him that Kevin's rate were 100% of the Plan Review; 75% of the first 2 million dollars of valuation and 65% for all valuation above the 2 million dollars. Duane asked when did the City reach the 2 million dollar mark, suggesting July. Maureen noted that it was earlier than that, suggesting possibly early June, because of the construction of the westwind Apartments and Fraser Steel. 9 Judy Roden, present in the audience stated that she has heard that Kevin is strict instead of being really laxed, which noted was not all bad. Don Cornelius pointed out that Loren's billing practice was terrible and questioned why the City would want to get back into that situation again. Mr. Herbert stated that if contractors are complaining about the building inspector then it means he is doing his job, but if the home owners are complaining about the building inspectors work then it means he is not doing his job. Again there was discussion regarding having a meeting. The Council discussed having the meeting on Tuesday, January 15th at 7:00 p.m. After some additional discussion it was decided to change the meeting date to Monday, January 14th at the same time. The issue of Bond Counsel and Tax Increment Specialist would be discussed at the same time. At this time Don Cornelius made a motion to accept the reappointment of Kevin Mealhouse as the Building Inspector. Mayor Walsh stated that he would not recognize the motion and no further action was taken on the matter. Don Cornelius then made a motion approving the 1991 Appointments excluding the appointment of City Attorney, City Building Inspector, Bond Counsel and Tax Increment, Specialist. Before a second was made Donatus Vetsch asked if there was in fact going to be a meeting with the two candidates for City Attorney and the two candidates for City Building Inspector. He was assured that, there would be a meeting. Hearing this, Donatus Vetsch seconded the motion. All were in favor and the motion carried. Mr. Gary Herbert asked why changes are being made when there are no problems with the current people. Mayor Walsh stated that the appointments are made on his prerogative and that he did not base his choice on personality or ability to do the work. At this time Gary Barthel, a member of the audience, asked how the Council would handle the interviews. He asked if each person being interviewed would be asked the same sets of questions or what. To this question Mayor Walsh stated that it, could come down to being a personality contest. The next issue discussed was the approval of the increase in Sewer Availability Charges (SAC) from $675.00 to $775.00, Jim Walsh questioned why there was to be an increase in this 10 charge. Maureen noted that according to the bond documents for the 1988 Sewer Revenue Bonds, a $100.00 increase per year has been scheduled to support the bond payment. It was noted that the $100.00 increase is scheduled for approximately 10 additional years. Donatus Vetsch stated that this schedule was established for the bond that financed the construction of the lift station on the west end of town. Jim Walsh requested that this matter be tabled until after he had had an opportunity to review the bond documents. A motion was made by Duane Berning to table the increase until the next meeting. The motion was then seconded by Donatus Vetsch. All were in favor and the motion carried. The Council next reviewed the 1991 Sheriff's Contract. The contract reflects a $3.00 an hour increase for police protection. Donatus Vetsch stated that he thought this was a fairly steep increase. Maureen noted that the $3.00 increase was much less than what had been recommended by the firm hired to do a study on the police protection service. The contract is for a total of $23.50 an hour and reflect no other changes from contracts in previous years. Hearing no other questions or comments a motion was made to approve the 1991 Sheriff's Contract. The motion was made by Donatus Vetsch and seconded by Don Cornelius. All were in favor and the motion carried. The next matter on the Council Agenda was the vacancy of a Council Seat due to Mark Daleiden not qualifying himself for the post. Mayor Walsh was stated that he had reviewed the matter and noted that after the 1984 Election when Ken Wacker did not qualify himself for the Council seat that the Council appointed the next, highest vote receiver, Don Cornelius. He state that it was his feeling that the City should follow this practice again at this time. Donatus Vetsch pointed out that the Council has also noticed the vacancy of the seat in the newspaper, requesting anyone wishing to be considered for the seat notify the City. Jim Walsh stated that he did not see the need to advertise for the position because there was another candidate who run for the seat at Election time. Don Cornelius noted that he was aware that Jim Krystosek had indicated that he would like to be considered for the vacancy and that it was his feeling that he should be considered. There was 11 some question regarding whether or not Mark Barthel was interested in serving on the Council at this point. Maureen pointed out that Mark was in the audience, so the Council asked that he indicate whether or not he was willing to serve. Mark Barthel provided an affirmative response to the question. Mayor Walsh stated that regarding Jim Krystosek`s interest in serving on the Council, that he made the choice when he ran for Mayor and that if Mark Barthel is interested in serving on the Council that he should be given the chance. Duane Berning agreed with this point, noting that, Mark Barthel had taken the time to run for the Council seat and therefore should allowed to serve. At this point Donatus Vetsch made a motion to have a notice put in the paper advertising the vacancy, Don Cornelius seconded the motion. All roll call vote of the Council was called for and the results are as follows: Don Cornelius -- Aye, Donatus Vetsch -- Aye, Duane Berning -- Nay and Jim Walsh -- Nay. The motion failed for lack of majority. Duane Berning then made a motion to appoint Mark Barthel to the Council seat. The motion failed for lack of second. The next matter on the agenda was the increase of the Joint Power's Board increase for Water Availability Charge (WAC). The Council asked to delay taking any action on this matter until they had a chance to review the matter in more detail. At this point Duane Berning asked how long the Council would be short a Council member. It was noted that the vacancy could last until there was a new motion carried regardless to which one was approved. Duane stated that he did not feel that the City could go without the fourth Council Member for very long, noting that the issues such as the appointment of the City Attorney and the Building Inspector needs the attention of a full Council and not just, three members. At this time Maureen Andrews reminded the Council that they had not approved the Resolution Declaring the Vacancy and requested that they do so at this time. A motion was made by Duane Berning and seconded by Don Cornelius to approve the RESOLUTION ACCEPTING RESIGNATION OF COUNCIL MEMBER DALEIDEN AND DECLARATION OF VACANCY. All were in favor and the motion carried. There was some additional discussion regarding the vacancy. It was noted that the Council has filled the vacancy in both manners described earlier in the meeting. Jim Walsh stated that he felt that if the Council advertised the position that it would not entice people to run for the office because if the Council decides to advertise that it gives the appearance that the vote of the people does not count. 12 At this time Duane Berning made a motion to approve the RESOLUTION FILLING THE VACANCY ON THE COUNCIL, inserting Mark Barthel's name for nomination. The motion was then seconded by Donatus Vetsch. All were in favor and the motion carried. At this time Mark Barthel was sworn in by Mayor Walsh and was asked to join the Council at the Council Table. Maureen reminded the Council that Mark's appointment is for a period of two years and that at the time of the next election there would need to be have 1 Two Year Term on the ballot as well as the 2 Four Year Terms. The next item on the Agenda was the change of meeting dates. A motion was made by Donatus Vetsch to change the January 21st Council Meeting to January 22nd because of the Martin Luther King's Birthday and February 18th's meeting to February 19th because of the President's Day Holiday. The motion was seconded by Don Cornelius. All were in favor and the motion carried. Under the matter of other business, Jim Walsh had a few comments he wished to relay to the Council. The first issue was with regards to accounting. He stated that he felt that the City needed to look into a in-house accounting package to assist in saving on time getting monthly reports prepared. He noted that he was meeting with someone who has developed a package which is being used by several cities at this time. He noted that this package should help make the City run more efficiently. He also suggested that the City look at a modem for the computer so the information can be relayed back and forth between the Accountants and the City. And finally he would like to see the City purchase a Fax Machine to save time for the office. Hearing no other comments a motion was made to adjourn the meeting. The motion was made by Donatus Vetsch and seconded by Duane Berning. All were in favor and the motion carried. 13 CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 SPECIAL COUNCIL MEETING MINUTES JANUARY 14, 1991 A special meeting of the Albertville City Council was called to order by Mayor Jim Walsh. Members present included Duane Berning, Donatus Vetsch, Don Cornelius and Mark Barthel. Others present included Maureen Andrews, Bob Miller, Bill Radzwill and Kevin Mealhouse. The purpose for the evening's meeting was to discuss the appointment of the Building Inspector and City Attorney. Before getting into the discussion regarding the City Attorney, Mayor Walsh stated that he wanted to deal with the Building Inspector"s position first. Mayor Walsh stated that he wanted to amend his appointments and instead recommend Kevin Mealhouse as the City Building Inspector. A motion to accept the appointment of Kevin Mealhouse as Building Inspector was made by Don Cornelius and seconded by Mark Barthel. All were in favor and the motion carried. The contract for the Building Inspector will be discussed and reviewed at Tuesday January 22nd Council meeting. The next discussion was on the appointment of the City Attorney. Mayor Walsh provided the Council with a letter from Mr. Bill Radzwill providing his credentials to be the City Attorney. Mayor Walsh stated that he was still maintaining his position that he wanted to change City Attorney. Donatus Vetsch asked for an explanation from Bill Radzwill regarding his involvement in Tax Increment Financing. Bill stated that he had done two projects in Dassel, four in Cokato, two in Buffalo, one in Princeton and one in Chisholm to name some, noting that he had done 12 or 13 projects all together. He also stated that he has sold between 100 and 130 bond issues, which included at least 30 wastewater treatment facilities. He noted that he had sold these bonds, doing the work from beginning to end. A combined number of bonding issues are approximately 140 projects included the Tax Increment Financing. Bill also noted that the bond sizes have ranged from $100,000.00 to $2,000,000.00. Make our City ........ Your City We invite Home, Industry, Business Donatus Vetsch then asked if Bill does all the paperwork for bonding. Bill stated that he does all the work on the bond except for the certification. He pointed out that he can not certify the bonds, but is tied into Holmes and Graven and David Kennedy and they would do the certification for the City. He noted that in one instance a bond sale ran $6,500.00 for the work he did and $2,000.00 for the bond certification. This included all the work from start to finish. He gave several examples of communities in which he saved money. One of the examples he gave was Montrose. He noted that he can sell the bonds directly for a point to a point and half below market price. He state that he is able to do the same work that a firm like Juran and Moody for a lot less money. Noting that there is nothing magic, but he sees the project both ways. Bill pointed out that public bond sales have only been done within the past 15 years, prior to the use of public sales, all bonds were sold through the local attorney. Bill noted that he had 20 years experience and was one of the few attorneys working exclusively in municipal work. When asked if certifications for bond sale have to be done, the Council was informed that yes the certification has to be done prior to the sale of the bonds. Bill informed the Council that he works on a hourly bases and noted that he has done six negotiated sales and 5 public sales. The bonds have ranged from $100,000.00 to $450,000.00 in size. At this time Bob Miller was asked by Donatus Vetsch if there was anything he wanted to comment on. Bob stated that he had worked with the City of Albertville for the past, three and half years and is currently working for the City of Rogers. He noted that he also served as the City Attorney for the City of New Hope, noting that he had 20 years experience working as a City Attorney. Bob pointed out that as a matter of policy Bond Counsel has provided the legal opinion for the bonds he has been involved with. He noted that he has been involved with the work prior to the sale of bonds but that he does not merchandize the bonds. Bob noted that this has been Council policy. Bob also noted that the City has worked with Holmes and Graven in the past but are now using Briggs and Morgan. Bob informed the Council that he would not, want to do the bond structuring and merchandizing of the bonds because it is not his area of expertise. 2 Bill stated that in Buffalo he did a whole bond sale for $8,000.00 and if Juran and Moody had done the work it would have cost the City $32,0000.00 to do the sale. At, the same time it cost, the County $80,000.00 to do a $2,000,000.00 sale. He also noted that in all the sales that he has done that Mr. Kennedy has certified that $6,500.00 is the most he has ever charged. If Doresy or Openheimer had done the work that the same work would have cost $18,000.00. When questioned whether or not the City could be protected against too large of a bill, it was noted that there was a possibility of working in a percentage of which the hourly rate could not go over. Bill suggested that the Council work with all of there consultants on an hourly basis instead of a percentage basis to save money. He noted that he works for 50 townships and 2 cities and that it works out quite well. Don Cornelius state that he did not see that there was a guarantee that the costs would not go over what we have been charged in the past. He stated that he would like to see a hourly charge with a maximum ceiling tied to it be used to provide extra control over the system. Donatus Vetsch asked about the conflict of interest with Bill Radzwill working for the City of Albertville and Otsego. Bill state that if this became a problem he would have to withdraw completely from the matter, serving neither city. Bill at this time suggested that a joint meeting with the City of Otsego be schedule so there is more working together. He stated that he felt that there was more conflict between Otsego and Elk River than there is between Albertville and Otsego, He noted that there had been a joint workshop between Elk River and Otsego and he has served as an advisor to Otsego while looking at their situation. Issues he feels that the cities will be looking at are Police Protection and Fire Service. The matter of "annexation" was brought up. Bill noted that he would suggest sitting down together before a conflict, arose, noting that he felt that he would be able to get, to the issue at hand. Bill noted that he does 50% of the contested Annexations in the State of Minnesota. And further noted that in the case of 3 Albertville and Otsego the matter would handle through a detachment which could not, be done unless both parties were in agreement and if there was an exchange of land from both parties. He was questioned if this was true even in the event that it was requested by the property owners. Bill noted that the only basis this would be done on is in the area of health matters i.e. the ability to provide public services. In this instance the detachment would be allowed. He pointed out that the City of Albertville would have a hard time arguing the point because of the amount of agriculture land the City has left to develop within the corporate boundaries. Duane Berning asked Bob Miller if he agreed with Bill's opinion. He stated that yes he agreed, that there would need to be joint powers agreement as there have been in Rogers and Hassen. The matter of fees were then discussed. Bob Miller stated that, he charges $50.00 a hour for Council meetings and $95.00 a hour for non related meetings. Bill stated that he charges $100.00 a hour and all of his expenses are included in this fee, noting that there are no hidden costs. Don asked what he would charge for meetings. It was noted that he would charge $100.00 an hour. Bill noted that he charges $42.00 a hour for administrative services to cover staff time. There was a question regarding how much was legal fees ran in 1990. It was noted that some of these cost are charged to projects, council or general budget line items. Jim Walsh stated that he did not feel that the City Attorney was needed at every meeting. He state the if an issue needed the City Attorney's attention he can be notified for the next meeting or a request for information can be faxed to him prior to the meeting. It was pointed out that if there are items on the Agenda then it should be scheduled so that there are just there for the legal portion of the meeting and not the whole thing. Noting that timing of he appearance makes for the most efficient meeting. Bill stated that he has been at all of Otesgo's meetings since there is no end of problems because of the change to "City" status. Bill also stated that he is sure that he can save the bucks for the City. Bill was asked if Council members are able to contact him as 4 they see fit. He stated that normally just the Mayor and the City Administrator are the only ones who contact him as a way to keep the costs down. Bob Miller stated the he felt that there was an advantage of the City Attorney being at the meeting because they can get a better feel for the wishes of the Council and from the comments that are made and explanations that are given. An example he gave was the Ordinance for the Outdoor Bars. A question was raised regarding how much the bill normally runs for Council meetings. Bob stated that this was a fair question noting the normally the bill runs about $150.00 a meeting or $300.00 a month. Bob did note that he was willing to attend every meeting or only on an as needed basis, which ever is the Council's wishes. Bob again pointed out that he has been the City Attorney for three and a half years, noting that he has done the more mundane work not bond work. He noted that he prepares the needed resolutions, planning and zoning documents, developer agreements and letter of credits to name some of the work he does. He does not have the experience in structuring the bond sales and does not want to try to do them. Bob stressed his expertise in other areas of municipal work, land use and subdivision work and has been before the State Supreme Court. He noted that he has a strong background of information and a good working relationship with the other staff. He also stated that he feels that he has done a good job for the City for an efficient cost. He stated that he would like to work for the City, but noted that if the City wants someone to do bonding work, then he suggested that Bill could do the work. Don Cornelius stated that he did not doubt that Bob had done a good job, He also noted that he felt the issue regarding have the local attorney do the bond counsel work, tax increment, financing, as well as the general legal work rather confusing. Donatus Vetsch agreed with Don Cornelius and stated that he wanted to assure Bob Miller that, he thought he had been doing a good job. Duane Berning asked Bob Miller is there was a problem with the City Attorney doing the bond work. Bob stated that he has not seen this practice in other cities he is aware of. Bill also informed the Council that had three years of Engineering at Purdue University, before he went on to pursue his degree in Law. He stated that he feels that the engineering 5 background gives him projects from start to finish. Duane then asked Bill if there would be a conflict with meetings. Bill stated that usually no conflict because he tries to schedule them so there is no overlap in schedules. Bob Miller stated to the Council that most of them know him since he has been the City Attorney for the past 3.5 years and noted that his former law partner had been the attorney for 7 years before coming a judge. He noted that the long history can work to the City's advantage. He stated that he has 30 years of experience and is currently working for the City of Rogers and has been the City Attorney there for 25 years. Bill Radzwill stated that he was close at hand and was also available by car phone when he is not in his office. Don Cornelius asked that the appointment of City Attorney be held off until Tuesday night's meeting so the Council could have some time to think about the information that was given at the meeting. Mayor Walsh asked why the Council would want to hold off making the decision since that the was purpose of the meeting. Don again stated that he wanted time to think about the matter some more. Donatus Vetsch agreed with Don Cornelius. A motion was made to table the decision on the City Attorney until the Tuesday, January 22nd meeting. The motion was made by Donatus Vetsch and seconded by Don Cornelius. The minutes should reflect that Barthel, Cornelius and Vetsch voted to table the decision and Berning voted to abstain. The motion carried. The matter of the contract with the Building Inspector was brought up again by Duane Berning. He asked if there was a problem if the contract was not discussed until Tuesday evening. Maureen stated that she did not think there was a problem with delaying the approval of the contract and suggested that the City Attorney draft the contract. Mayor Walsh stated he felt that any contract being entered into between the City and personnel should be drafted at the employee's expense and not the City's. Maureen stated that she had used the wrong term when she said "draft", rather should have said "review". Mayor Walsh then asked Maureen who had prepared the contract between the City Administrator and the City. She noted that she had provided some of the document, which was then reviewed and changes made by Bob Miller, the City Attorney, at the Council's request. At this time it was noted that there was no other discussion noted for the meeting so the meeting had come to a conclusion. 6 Mayor Walsh stated that he felt the meeting had provided a good discussion and felt that the City could save money for the developer by having the City Attorney do as much of the bonding work as possible. He stated that he felt that the City is lagging in the areas of commercial and retail development and hopefully by keeping bonding costs down there will be an increase in this type of development. Mayor Walsh also noted that the residential development that the City is experiencing adds to the school age population and puts added burden on the School District. The matter of having the City Attorney at every meeting for the entire meeting was discussed again. Mayor Walsh restated his feelings that it is not necessary. There was some discussion regarding where the savings is if Bob Miller charges $50.00 per hour for meetings and Bill Radzwill charges $100.00 per meeting. Mayor Walsh stated that the savings come into the picture during the financing of bonds, because these costs are past on to developers and then to the tax payers at the time of purchasing land. Donatus Vetsch asked that Maureen get together information on a past bond issue (approximately $450,000.00) to see what actual cost are on the issue. Don Cornelius stated that he felt that there was expertise the City is paying for because the Financial Advisor and Bond Counsel do this type of work everyday. Mayor Walsh compared it to the "baseball player and agent". He noted that until agents became involved in the process that player were making less money, now it is costing the owners more money, which is then passed onto the ticket buyers. Mayor Walsh again stated the Bill Radzwill has assured him that the City will be saving money having him do the work. Don Cornelius stated that he felt that Juran and Moody has more knowledge of the market and bonding process. Mayor Walsh said maybe not. The issue of having current financial statements will help keep tabs on the expenses incurred for legal work as well as other areas. Some other general discussion was again reviewed. There was a question regarding Bill Radzwill was referring to the City of Buffalo or Buffalo Township. Buffalo was not, listed in Bill s letter. Finally Mayor Walsh noted that he is willing to turn around his decision as he had in the case of Kevin Mealhouse. He noted 7 that his was proud to change his opinion. He also noted that he wants to work closely with Kevin in the case of the construction of the new school. Mayor Walsh informed the Council that he would be meeting with Thore Meyer on Tuesday morning to discuss storm drainage and sanitary sewer expansion. A motion was made to adjourn. The motion was made by Donatus Vetsch and seconded by Don Cornelius. All were in favor and the motion adjourned. 8 (d) The Superintendent or his designated representative, shall determine the time to start operations and the extent of the operations. Snow and ice control operations are expensive and involve the use of limited personnel and equipment. Consequently, snow plowing operation will not generally be conducted for snow fall of less than two inches. 23► RIX91. O •U.:: Operations will continue until all roads are passible. Widening and clean-up of operations may continue immediately or on the following working day depending upon conditions and circumstances. Safety of the plow operators and the public is important. Therefore, show plow operations may be terminated after 10-12 hours to allow personnel adequate time for rest. There may be instances where this is not possible depending on storm conditions and other circumstances. Operations may also be suspended during periods of limited or zero visibility. Any decision to suspend operations shall be made by the Superintendent and shall be based on the conditions of the storm. There are City streets, public sidewalks (on Main Avenue only) , public parking lots, walfiins paths (Four Season Paric only) and ice rinks under the City's jurisdiction which are affected by this policy. Sidewalks on Main Avenue maintained by City crews and sidewalks service public facilities shall be plowed by wing only by the City forces after street routes are completed. W:411fil7Y� paths at Ruiz- Season Parlr maintained by the City crews shall be blow off by the_755 John Deere Compact Tractor with snow blower by the City forces after street routes are completed. City parking lots shall be plowed and ice rinks shall be cleared by City crews. However, they may be plowed or cleared in conjunction with street routes or after street routes have been completed. The Superintendent has the responsibility of determining plow routes and sequencing of operations, and shall from time to time prepare a copy of such routes and sequencing and file a copy in the City Administrator's office, after the plow route and sequencing of operations plan has been approved by the City Council. The Superintendent shall retain the latitude to adjust sequencing or rout assignments based on storm conditions, equipment availability and/or other conditions warranting changes. R: The intent of this policy is to provide safe winter driving conditions appropriate for the type of travel necessary on City streets. The level of service described herein shall be considered a guideline with the understanding that immediately after a storm the level of service provided may be less than described herein and may vary across the City depending on storm conditions and other circumstances, -Z - "NCOME/BILLS TO BE PAID JANUARY 22, 1991 INCOME SEWER ACCOUNTS GLORIE BALFANZ - KENNEL FEES - DOG ALBERTVILLE BROOMBALL LEAGUE - DONATION FRASER STEEL MINNEGASCO - PERMIT INFORMATION WRIGHT TITLE GAURANTEE - SPECIAL ASSESSMENTS TOTAL BILLS TO BE PAID 11249 MAUREEN ANDREWS 11250 JACKIE PETERSON 11251 KEN LINDSAY 11252 VOID 11253 MIKE RUTKOWSKI 11254 MIKE RUTKOWSKI - 12 HRS O/T 11255 VOID 11256 BOB BRAUN 11257 DON CORNELIUS 11258 COMMUNICATION AUDITORS 11259 NORTHERN GASES INC. 11260 ROAD RESCUE, INC. 11261 DJ'S TOTAL HOME CARE 11262 MONTICELLO ANIMAL CONTROL 11263 PERA 11264 LMCIT - 1991 DIRECTORY 11265 ROBERT MINKEMA 11266 CROW RIVER FARM EQUIPMENT CO. 11267 FIRST TRUST 11268 FIRST TRUST 11269 FIRST TRUST 11270 AMERICAN NATIONAL BANK 11271 NORWEST BANKS 11272 QUEST DATA 11273 EMERGENCY APPARATUS MAINTENANCE, 11274 HACKENMUELLER"S INC. 11275 MEDCENTERS INC. $ 174.01 6k3 : 50 35D.ku 50D. Oka 53.00 5,999.99 $ 7,134.50 $ 848.23 435.49 741.00 OOD . k3k3 474.64 88.29 OOD . 00 90, k D 90. oal 151.29 153.41 367.79 366.27 67.50 149.02 64.50 3o , 00 198.76 73,741.25 51,872.50 95,870,88 603350.00 63,867.50 aoD.00 235.58 226.11 597.10 11276 CHOUNARD'S OFFICE PRODUCTS 11277 MEYER - ROHLIN, INC. 11278 ROBERT MILLER LAW OFFICES, P.A. BILLS (CONT.) 11279 FEDERATED PROPANE 11280 MAUREEN ANDREWS - PAYROLL 1/29 11281 JACKIE PETERSON " 11282 KEN LINDSAY " 11283 MIKE RUTKOWSKI " 11284 MIKE RUTKOWSKI - O/T 11285 POST MASTER - SEWER BILLING STAMPS 11286 AMERICAN NATIONAL BANK 11287 NSF TOTAL 56.58 5,752,26 1,016,0-V 859.23 468.19 741, OX) 474.64 67.10D l , 500.00 543.53 $ 36t 738.04 w r1 G 24 Vpp G O A 5 Z G N Vf I� � o Pia+f A F. a r v a o d o. A M p M„pp i �+C H y pq m �r .His r.2;i b � 1 s Oe 4 e a e r a a e Q i e caeo—nae4 1 0 oI - e e o - - - 1 e ta7 p , 4 T e 4 T 1.-1 ui 1 � rt rt .r 1� � rt u � � H. i is N 1 1 I I ry ry 1 � N• 1 {? I •--� � 1 I I r I � 1 -! � 4> II 11 � o w �Q�`.'R r- i ,--� PO F 1 0 � • � � p� ppY. ►Wp+ y �+ A p�vW. G� � ��77 .CGgy O 'oi ' � Cd ` Q vi � p N G�J � CI �J R� p���•1 'i� � •tl C 1 pm � i � � F � d d G t�p y ri � e! • i I 44 +q � ��.i pd.� � Y F � �M �+ rG�J ,R�y1 �LF+i �F.+. d m 0. .T A FI - 2-9 1 W E D 1 0: 2 0 R O B-r M I L L. E R L. A W O F F I C E P. 02 ROSEAT J M11.I ER (3ECFFREY A Mq 1 1 tl ROBERT J. MILLER LAW OFFICES, P.A. 9405 - 36th Avenue North New Hope, MN 55427 1612)542.3030 FAX:542.3161 December 27, 1990 File No. 1300.95 mi,-t.i•o wtrst Inspection Service ATTN. Loren Kohnen 4390 Woodhill Drive Laret-t-Q, MN 55357 LWAL ASSISTANT Not i Y v TAJMBLE Itu: city of Albertville - Building permits/Inspection Fees r)ea;- mr. Kohnen: After our meeting and further review with staff, the C!ty tenders in full settlement on the Building Permits listed i.;oI1 )w, the sums set forth in column entitled "Fee to lnspe,t uc" . Permit No. 19-89 24-89 36-89 50-89 52-89 53-89 54-89 55-89 62-89 64-89 68-89 Fee to :nsaector 547.25 533.46 516.25 420.75 2327.00 2327.00 26.15 480.25 561.25 10.00 2704.15 10453.51 t;tiujosed find City of Albertville c:hec?c No. in t.lit, aniount of $ The City's theca will be our rQcelpt for lull and final payment for the permit fees identified above. :f you have any questions please feel free to call ot- wL i : u t-he undersigned. Very truly yours, Robert J . Miller Attorney for City of Albertville RJM : tins Enclosure DATE: JANUARY 18. 1991 TO: MAYOR WALSH AND MEMBERS OF THE CITY COUNCIL FROM: MAUREEN ANDREWS, CITY ADMINISTRATOR RE: INCREASE IN SEWER AVAILABILITY CHARGES (SAC) Mayor Walsh requested that before approving the increase to the Sewer Availability Charge (SAC) he would like to see the documentation supporting the increase. I have included information from the two bonds that are supported by these charges. The bonds that are supported by the SAC Charges are the $505,000.00 GENERAL OBLIGATION ADVANCE REFUNDING AND IMPROVEMENT BOND OF 1988 and the $210,000.00 GENERAL OBLIGATION SEWER. AND WATER REVENUE BONDS OF 1988. The first bond described is in part an advance refunding of the 1984 G.O. Sewer Bond, for which the City refinanced existing bonds to get a better interest rate and reduce the size of the debt of the bond. As part of that binding document, and the opinion of the City"s Auditor, Gruys Johnson, "any and all other moneys, including net revenues of the municipal sewage treatment, facility, which are properly available and are appropriated by the governing body of the City to the Debt Service Account, provided that the amount of the revenues of the municipal sewage treatment facility pledged and appropriated to the Debt Service Account shall not exceed that portion of debt service on the Bonds which is attributable to the Sewer Portion of the Bonds." On the last page of this memo you will find the Cash Flow Analysis for the GENERAL OBLIGATION SEWER AND WATER REVENUE BONDS OF 1988. I have highlighted the future Connection Charge Table, on which the debt service repayment schedule is based. According to this schedule the City of Albertville is basing the repayment, on the premise that there will be 40 SAC charges per year at the rate described on the table. The SAC charge is collected as part of the building permit. In reviewing the columns marked TOTAL 17EET SERVICE, ESTIMATED CONNECTION FEES and CCIMt7LA TI VE CASH SURPLC7S, you will s e e what t h e debt service is for each year, what is expected to be collected based on the 40 building permits and what the extra cash surplus is expected to be. It should be noted that the Cumulative Cash Surplus has been worked into the schedule as well of the $200.00 per permit Water Availability Charge (WAC), which does not show up on the schedule as an added protection to assure that there will be funds to cover the debt service in the event there is a year or two when building permits drop off and not enough revenue is collected. According to Gruys Johnson, the City should be putting all the SAC charges into the Sewer Fund and making transfers as needed to make the Debt Service payment for the 1988 G.O. Sewer and Water Revenue Bond. They suggested this because money can be transferred out of the sewer fund but funds can not be transferred out of a debt service fund. This action would assure that both bonds will have adequate cash flow for debt service. They also suggested that all WAC Charges should be place into the Sewer and Water Revenue Bond since we do not have a General Water Fund. In both bond documents there are provisions for tax levies if funds are not available to cover the debt service. In the event that this occurs the obligation becomes an obligation of the entire community through the levying of taxes to cover the debt service. fy h J W o o p o 0 0 o O o 0 m T. S J 6 U Vf Vs ads Va, N ./s N aIf 0 0 m Z hN .O-[ .is vs Vs •as N F u V OO 1 Z t s a V I N 1 [A O O O O O o O o 0 0 o O o I O i pZ 1 w 1 w V 1 6 f m P m P v J GA v-a O e m m s > o m '~. y. ri o p m b m 4 =G o o m o e �] of O _ m o m O m O} o 00 00 0 00 0 o e e e o p o 0 o e o O O o e o F U O o O o O o 0 0 o p o 0 0 J y o 0 o e o o e o e o e o 0 0 0 0 o e e o ati uF] Ems-. J ba o o e o e e o 0 o e o e e o e s o w p o 0 0 0 0 0 0 0 0 0 o e e e o e o O w O O O O O o O o O o O o O O � � •A o 0 0 0 0 0 0 O O G Z O o O o 0 0 0 o O O o 0 0 0 o O O o O o e 0 0 0 o p o O o o O 0 0 0 0 0 0 0 0 0 0 0 o eo [A a ? e W l 1 O m b o [Y U o e o e o 0 0 0 � o F4_ r r r r N N era e-E a+a rn ..,a r u o 0 0 o e o e J m p e m o e O o o O o O o O S w m F N a b m m w A 1 f o o _ o po 00 0 0 0 o e o 0 0 o e o O o 0 0 o O O W o OO 0 0 � m .... .r �. .-.I e W o0 0 op oe o 0 0 0 0 0 0 0 0 0 0 0 F o — aa-. — — — — N — — — N — o 0 0 o 0 0 0 0 J Oo 0 0 _ o 0 0 0 0 o O o0 0 0 0 0 1.4 C] S R' n. a E� F V [� t•j r U '- O". 4 s U f � p-a.• H G�i-i cfia 9 O ctj M 6m] S 7C ra F 6WM] J 6 ] R J •-[ O F- i J 4 va M O al G O O = 6 G ba = o a F V = T F S 4 J 4 • � m �"f C W m Y Gl C C 6 � r V FT- C E- G O G 6 V V y January 17, 1991 The Honorable Jim Walsh and Members of the Council City of Albertville P.O. Box 131 Albertville, Minnesota 55301 Dear Mayor Walsh: Please be advised that I am resigning as City Administrator for the City of Albertville to begin a position as City Administrator for the City of Waconia, in Carver County. The City of Waconia has requested that I start work on March 1, 1991, which I have agreed too. The Council needs to meet with me to discuss my four weeks of vacation to determine whether your choice is to pay me for these weeks or take them off before I depart. I also want to inform the Council that I will be taking 4 working days off from February 22nd to the 26th as I am making a trip to Washington D.C. with my niece. This trip has been planned since earlier December and plane reservations have been finalized for over a month. I would like to take this opportunity to thank the City for the chance to work with the community for the past five and half years. I have enjoyed the job and the relationships that I have developed during the time I have worked here and will miss them, but the new job is too big of a career opportunity to pass up. I would like to let you know as Mayor and Council that I would be happy to help you out during the time it takes you to find a replacement for the City Administrator/Clerk/Treasurer, time permitting in my new job. Again thank you for a good five and half years. Sincerely, Maureen T. Andrews City Administrator