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1992-01-06 CC Agenda/PacketALBERTVILLE CITY COUNCIL AGENDA JANUARY 6, 1992 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. APPROVAL OF THE MINUTES * December 12, 1991 - Joint Meeting with Otsego City Council * December 16, 1991 - Regular Meeting V. COMMUNITY FORUM Don Scherber - Complaint re: Fire Hydrant Cleaning VI. DEPARTMENT BUSINESS A. ENGINEERING - Project Updates B. LEGAL - 1992 Appointments (1992 Appointment Consideration List) - Sunshine Kennels - Wastewater Debt Service - ORDINANCE #1985-3 requires the City to determine how debt service on the Wastewater Treatment Plant will be paid each fiscal year - Codification of Ordinances - Letter to Frankfort re: I-94 Drainage problem C. FIRE DEPARTMENT - Letter from City of Otsego re: Fire Contract D. PLANNING AND ZONING - Letter of resignation - Mark Daleiden E. ADMINISTRATION * Financial Statement * Approval to pay bills (Check #6033 thru #6054) (Check #6000 thru 6032 VOID) - Set wages for City Clerk - Building Inspector"s Contract for 1992 VII. COUNCIL MEMBER REPORTS Potter - Park Board - Walsh - Joint Powers VIII. OTHER BUSINESS - Duane Berning - ORDINANCE Requiring Apartment Owners to Pay Recycling Costs Ix. ADJOURN • • ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS JANUARY 6, 1992 III. APPROVAL OF CONSENT AGENDA - Minutes of December 12, 1991 - Regular Meeting - Minutes of December 16, 1991 - Joint Meeting with Otsego City Council - Financial Statement - Approval to pay bills (CK #6033 thru 6054) (CK #6000 thru 6032 VOID) .7 • ALBERTVILLE CITY COUNCIL JANUARY 6, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch, and Mark Barthel, City Attorney Mike Couri, City Engineer Thore Meyer, Ann Bednarczyk City Secretary, and City Clerk Linda Houghton. Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended at the request of Donatus Vetsch by adding a discussion of the Hockey Rink under Administration, and Duane Berning requested that the Maintenance Department be added to the agenda for the next meeting. Vetsch made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Berning questioned the voided checks listed on the consent agenda. Linda explained that it was due to the new software package recently acquired. It was requested that the follow-up ^ sheet be added to the consent agenda. Potter wanted to clarify page three of the minutes of the December 16, 1991 meeting regarding the fact that an impact report is also to be submitted by Meyer-Rohlin with regard to Westwind Third Addition. Barthel made a motion to approve the minutes of the December 12, 1991, joint meeting with the City Council of Otsego. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the December 16, 1991, regular meeting of the City Council. Vetsch seconded the motion. All voted aye. Don Scherber addressed the Council regarding a snow plowing and damage complaint which occurred when the maintenance department cleaned out the fire hydrant at his home. The snow was pushed 22 feet into his yard damaging his rock garden and pushing up landscape timbers. He feels the City should pay the cost of restoration. Mayor Walsh made it clear that the City does have an easement of approximately 10 feet for the purpose of installing utilities, pushing up snow, etc. Although the property owner is responsible for maintaining that 10 feet, the City is still entitled to use it and Walsh is of the opinion that landscape timbers should not be placed around fire hydrants. Ken Weber questioned how many times a fire hydrant needs to be cleaned out. He questioned why they needed to be cleaned out more than once and who pays for the second cleaning. They were cleaned first with a loader/blower and second with a shovel following the last snowfall. He also questioned why it took two months to get this job done. Berning wants it noted in Ken Lindsay's personnel file that it took two months to get the fire hydrants cleaned out. Vetsch made a motion that the City pay to restore Mr. Scherber's rock garden to it's previous condition in the spring and that the City look into adopting an ordinance regarding this type of situation in the future. Berning seconded the motion. All voted aye. City Engineer Thore Meyer reported that Westwind Second Addition will be completed next summer. He also reported that he has a meeting with the MPCA on Wednesday, January 8, 1992, in order to obtain the final parameters for aeration at the wastewater treatment plant. The feasibility study is scheduled for spring. Meyer stated that the flow meter is installed but still not working. It has been pulled twice. It may be a problem with the hydraulics. The manufacturer is reanalyzing the system and will continue to do so until the flow meter is working properly. City Attorney Mike Couri opened the discussion on Sunshine Kennels. Helen Ackerman, owner of Sunshine Kennels, read a statement which is included in the minutes. Couri stated that the '~ issue before the Council is that Sunshine Kennels is in violation of the City Ordinance and State Statutes and that the City is within its rights to require Sunshine Kennels to be in compliance with the City Ordinance and State Statutes prior to issuing a license. Patti Salzwadel, Animal Control Officer, stated that Ralph Ackerman had indicated to her that he will not meet compliance standards. She further stated that he has not submitted his plans to the City prior to his December 30, 1991, deadline. Salzwadel stated that she had tried working with the Ackermans but was unable to get their cooperation. Jane Kelly stated that she had visited the kennel on two different occasions and was appalled at the deplorable conditions the dogs live under. Gerald Dwyer stated that he had talked with USDA and that they are also concerned with the conditions at the kennel. Ronnie Andrews of the MN Purebred Dog Association wanted it noted that there is a distinction between providing shade and providing proper ventilation and both, not just one, must be provided. Ellen Olmsheid had visited the kennel and was appalled by the condition of the dogs and questioned Ralph Ackerman's integrity. Couri reminded everyone present that the Council's decision must be an objective one based on non-compliance with the City Ordinance and State Statutes, not the health conditions, which were �... the main concern of the members of the audience. Barthel made a motion, based on the recommendations from Couri and Salzwadel, that the City send a certified letter (return receipt requested) to the Ackermans stating that the City is refusing to issue a license, listing the City's reasons for doing so, and ordering Sunshine Kennels to cease and desist the business operations. The letter will also state that the Sheriff will be requested to issue a citation and that the matter will be turned over to the Wright County Prosecutor's Office for prosecution. The motion was seconded by Vetsch. All voted aye. Couri next raised the issue of the Wastewater Debt service funds, which have already been levied to the 1992 taxes. Walsh questioned why this was levied and not paid for out of the wastewater treatment fund. Couri explained that it could be done either way but the budget was put together in anticipation of levying this the same has been done in prior years. Walsh stated that he felt it was unfair for residents to continue to pay for the development of the wastewater treatment plant and that it should be paid from the wastewater treatment fund. It was determined that it was too late to change it for 1992, but that it could be discussed and changed in August for the 1993 budget. Vetsch made a motion to adopt the following resolution: RESOLUTION # 1992-1 BE IT RESOLVED by the Albertville City Council, ^ Wright County, Minnesota that the debt service due in 1992 on the bond issued for construction of the wastewater treatment plant will be serviced through a tax levy upon all real property in the City of Albertville, payable in the year 1992. Potter seconded the motion. All voted aye. Codification of ordinances was discussed next. The book is ready to go the printer pending adoption by the Council. Potter made a motion to adopt the following resolution: RESOLUTION # 1992-2: BE IT RESOLVED, the Albertville City Council, Wright County, Minnesota hereby ordains as follows: ORDINANCE # 1992-1 AN ORDINANCE ADOPTING THE ALBERTVILLE CITY CODE The City Council of the City of Albertville Ordains: Section 1. Code Adopted. There is hereby adopted that certain revision and codification of the ordinances of the City contained in a printed compilation entitled "Albertville City Code." A copy of such code shall be marked "Official Copy" and filed as part of the official record of the City in the office of the City Clerk. Section 2. Repeals. This Code repeals only those prior ordinances of the City of Albertville which are superseded by or conflict with a subsequent ordinance which has been passed by the City Council. Section 3. Copies. The City shall provide a sufficient quantity of the Albertville City Code for general distribution to the public and City Clerk shall give notice in the official newspaper for at least two successive weeks that copies are available in the Clerk's office for examination or purchase. Section 4. Prima Facie Evidence. The Albertville City Code shall be Prima Facie evidence of law of the City of Albertville. Section 5. Effective Date. This ordinance becomes effective upon passage and publication according to law. Passed this 6th day of January, 1992. /s/ James A. Walsh Mayor ATTEST: /s/ Linda Houghton City Clerk The motion was seconded by Barthel. All voted aye. It was agreed by the Council to set up a meeting with the Frankfort Town Board, tentatively for January 15th at 7:30 PM at the Albertville City Hall to discuss the I-94 drainage problem and the Frankfort fire contract. Vetsch will attend the Joint Powers meeting on January 9th in St. Michael in Walsh's place, since he is unable to attend. Couri is checking with regard to the easements necessary for the new sewer line and will know where we stand by the next meeting. Berning was concerned with regard to the City Engineer's appointment. He feels that the City needs someone with more expertise in wastewater treatment. Walsh feels the present engineer has designed the City's current system which meets State and Federal standards. Walsh also feels that it would be cost prohibitive to replace our current engineer. Vetsch concurred with Walsh stating that Thore Meyer is familiar with our City and the �►. system. Meyer stated that he currently has, and always has had, the City's best interest at heart. He also stated that his firm has engineered 9 or 10 wastewater treatment facilities. Meyer stated that, when necessary, Meyer-Rohlin does hire outside consultants. He has also been the City Engineer for over 20 years. Berning questioned a possible conflict of interest with the engineer also doing work for developers in Albertville. Meyer stated that Westwind Third Addition will be the last project his firm will do for a developer in Albertville. Berning also expressed his concern that Meyer was getting up in age and questioned what would the City do if he retired. Meyer stated that should that ever be the case, he would work with whoever took his place to make the transition as easy as possible for all involved. Vetsch made a motion to accept the 1992 appointments as presented for consideration. No second was heard and the matter was tabled. Otsego has signed fire contracts with Monticello and Elk River. Both Berning and Potter felt the letter Walsh sent to Otsego was an ultimatum. Walsh said he was sorry it was taken that way, but it was not intended to be an ultimatum. He was only doing what the Council had previously agreed upon. Walsh stated that the budget is Albertville's and that Otsego was presented with a service contract for fire protection, medical services, etc. John Barthel suggested that a depreciation schedule instead of building costs could be used. Gordy Berning questioned how the Fire Department was to recover the lost revenue. Walsh said, possibly by austerity. Potter stated that it would probably come out of capital outlay. Potter requests that all correspondence be signed by the Mayor and all Councilmembers in the future. Mark Daleiden's resignation from the Planning Commission was presented. Barthel made a motion to accept the letter of resignation. Vetsch seconded the motion. All voted aye. Linda was directed to send a letter to Mr. Daleiden thanking him for his service. The Mayor and all Councilmembers are to sign. Barthel made a motion to have Linda advertise for someone to fill the vacant seat on the Planning & Zoning Commission. Vetsch seconded the motion. All voted aye. Kevin Mealhouse's contract for Building Inspector was presented next. C. Paulson pointed out that the appointments have not yet been made; therefore, a contract cannot be approved. Couri was of the opinion that the 1991 appointments are good until reappointment takes place. Paulson stated that a motion must be made to extend the appointments. He then questioned what the problem with the appointments was. r� Berning stated that the feasibility study on stated that he advocated change. he wanted a second opinion with regard to the wastewater treatment system. Potter changing City Engineer for the sake of Doug Psyk was supportive of Meyer-Rohlin and the job they have done in the past for the City. Vetsch made a motion to approve the 1992 appointments as presented. Barthel seconded the motion. Berning and Potter voted against. Walsh voted aye. The motion carried. (1992 Appointment List attached). Barthel made a motion to approve the Financial Statement from December 11 - December 31, 1991, as presented. Vetsch seconded the motion. All voted aye. Barthel made a motion to pay the bills as presented (Check #'s 6033-6054). Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve the contract with Kevin Mealhouse for building inspection services. Potter seconded the motion. All voted aye. Vetsch feels the hockey rink should get flooded this week- end since it is supposed to get cold. Walsh feels it is the Park Board's responsibility to determine how they want the hockey rink handled and bring their recommendations back to the Council. Potter suggested that when optimum flooding temperatures (suggested temperature 26 degrees) are reached, the second person in the Maintenance Department should come in at 10:00 PM and work for the 3 1/2 to 4 hours it takes to get the job done. That person could then come in late the next morning in order to avoid overtime. Walsh wasn't sure that would be acceptable under State Statutes with regard to rate of pay. Couri was directed to check the statutes in regards to split shifts. Potter made a motion that he, Potter, is to present Linda Houghton with the proper specifications for flooding the rink. Linda will be responsible for giving those directives to the maintenance department. Vetsch seconded the motion. All voted aye. Berning presented a copy of an ordinance in effect in Rogers requiring recycling services for residential buildings with more than eight dwelling units. Couri will research and get back to Linda with his findings. A motion was made by Vetsch to have the Fire Department appoint a committee to compile the costs associated in building a 10_lk new fire building, to determine feasibility and to present same to the Council for review at the next meeting. Potter seconded the motion. All voted aye. 1-00\ Barthel made a motion to adjourn. Berning seconded the motion. All voted aye. J es Walsh, Mayor Linda Houghton, Cleirlq JOINT MEETING ALBERTVILLE CITY COUNCIL AND OTSEGO CITY COUNCIL December 12, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Duane Berning and Mike Potter, City Attorney Mike Couri, City Clerk Linda Houghton, and the cull Otsego City Council, Otsego City Clerk and Deputy Clerk Mayor Walsh called the joint meeting with the Otsego City Council to order. The purpose of the meeting is to discuss the 1992 Fire Contract between the two cities. Mayor Walsh explained that Albertville has completed a long budget process and have come up with realistic costs for the fire department budget. The proposed fire contract with Otsego is based on the percentage of the assessed value of the total fire district attributed to the City of Otsego times the 1992 Fire Department budgeted expenses. Otsego's percentage is 28.234% of the budget, or $27,588.37. Several members of the Otsego Council stated that although they were not opposed to the way the proposed contract was formulated, they could not justify paying a portion of the capital outlay amount budgeted for a new building if Albertville does not plan to build the new building immediately. Mayor Walsh stated it was his opinion that Otsego was paying for a service from the Albertville Fire Department and that service charge is based on the total needs of the fire department, including capital outlay items for future growth and expansion. The Albertville City Council agreed to meet with the Fire Department as a whole to determine how they wished to proceed. The Otsego Council indicated that they will make their decision on the fire contract before the end of the year. They also stated payment of the 1990 and 1991 fire contracts will be made to Albertville on their December 23, 1991, meeting. The joint meeting was adjourned. The Council met with the Fire Department upon departure of the Otsego City Council to get their firemen's input. It was the consensus of the Fire Department members present to leave the Otsego's fire contract amount as presented, representing 28.234% of the Fire Department's 1992 budgeted expenses. Linda Houghton, City Clerk ALBERTVILLE CITY COUNCIL December 16, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning and Mark Barthel, City Attorneys Bill Radzwill and Mike Couri, City Engineer Thore Meyer, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended by adding a discussion of the proposed fire contra its under the Legal Department. Potter made a motion to approve cfhe amended agenda. Berning seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the December 2, 1991, City Council meeting. Potter seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the December 10, 1991, Second Public Hearing for the 1991-2 Project. Potter seconded the motion. All voted aye. Paul Ederer, President of Security Bank Northwest, addressed the Council to discuss the bank's future plans for enhancing the banking facilities in Albertville. The bank signed a purchase agreement on the Daniel Eiden property for the purpose of constructing a full service bank facility. Ederer explained that the bank is in the preliminary stages of proceeding. Contingencies, such as economic feasibility, variance requirements and City requirements, must be considered. Ederer will keep the City informed of the bank's progress. Ken Heuring presented the Council with a petition signed by 17 Albertville residents opposed to the City's policy of assessing a storm water charge quarterly to all property owners in the City. The Council listened to the petitioners objections to the storm water charges and explained that this charge is made to each property within the corporate limits of the City. The money collected is designated for storm drainage projects within the City. Heuring told that Council that since the new high school moved dirt around, there has been more drainage problems in the areas west of County Road 19. The Council directed Thore to check into the high school drainage plans to determine if there is a problem. The Council directed Thore to reassess the drainage area off Heights Road East in St. Michael that has drained into the city limits of Albertville. Linda was directed to contact Frankfort Township about setting up a meeting to discuss the drainage issue in the two communities. City Engineer Thore Meyer reported that the flow meter is completely installed but the manufacturer will come out to check the installation prior to start up. Potter made a motion to adopt the following resolution: BE IT RESOLVED, by the Albertville City Council to enter into a settlement agreement with the owners of the Sunrise Commercial Park to memorialize an oral agreement between the City and the Owners in regard to settling any and all existing or future claims Owners may have against City associated with the installation of municipal improvements within Sunrise Commercial Park prior to the date of this settlement agreement. Barthel seconded the motion. All voted aye. Attorney Couri advised to set a public hearing to alter two Tax Increment Financing plans to allow the City to restructure the plans to free up some monies. The Council will set up a public hearing for this purpose in January or February. The Council discussed the license for Sunshine Kennels. Animal Control Officer Patti Salzwedel recommended that the Council give the owners one week to deliver his plan for coming into compliance with City ordinances and state statutes. She indicated the biggest areas of concern are shelter and space issues. Attorney Radzwill agreed and recommended that the Council give the Ackermans one more chance to comply. The Council decided to allow Ackerman to submit his proposal for improvements to the City offices by December 30, 1991. The proposal will show the interior surface improvements and the heating and plumbing improvements, as well as the number of animals being kept. The City building inspector and the animal control officer will inspect the improvements and report to the Council at the January 6, 1992, meeting. Barthel made a motion to table further discussion until the January 6, 1992, meeting, at which the Council will reach a decision. Berning seconded the motion. All voted aye. Potter made a motion to adopt the resolution titled "Resolution Awarding the Sale of $330,000 G. O. Improvement Bond 1991A (Westwind Second Addition)". The interest rate on this bond will be 6.35%. Barthel seconded the motion. All voted aye. Berning made a motion to adopt the resolution titles "Resolution Awarding the Sale of $95,000 G.O. Improvement Bond 1991B (Parksedge). The interest rate on this bond will be 7.0%. Potter seconded the motion. All voted aye. Potter made a motion to offer fire protection service for 1992 to the City of Otsego at 28% of the 1992 approved Fire Department budget. Otsego's share of the budget will be $27,588.37. Barthel seconded the motion. All voted aye. The Council set a meeting for 7:30 PM on January 7, 1992, to establish a Comparative Worth/Pay Equity Plan. Linda reported that Randy Ernesti, new owner of the Polka Dot Recycling business and operating under the name of ,Evergreen Recycling, has agreed to honor Polka Dot's contract for recycling with the City. That contract will remain in effect until June 3, 1993, at a monthly cost of $467.50. Potter made a motion to continue the contract with Evergreen Recycling through June 3, 1993, as proposed. Barthel seconded the motion. All voted aye. City Engineer Thore Meyer reviewed the Feasibility Study for the Westwind Third Addition with the Council. The estimated cost of sanitary sewer, watermains and storm drainage, plus engineering fees and contingencies total $103,600. Legal fees and financing costs are not included in this amount. The Council asked Thore to prepare a drainage report for the Westwind Third Addition area. Thore reviewed the Status Report for Wastewater Treatment Facility with the Council. The report projects estimated daily flow through 1996 and gives the Council options for increasing capacity. No action was taken on the report. Barthel made a motion to approve the Financial Statement for the period November 27 through December 10. Potter seconded the motion. All voted aye. Barthel made a motion to approve the bills as presented (Check Vs 5707-5762). Potter seconded the motion. All voted aye. Potter made a motion to change the dates of the regular City Council meetings from January 20, 1992, to January 21, 1992, because of Martin Luther King Day, and from February 17, 1992, to February 18, 1992, because of President's Day. Barthel seconded the motion. All voted aye. Potter made a motion to pay Linda for 45 hours of comp time accumulated to this point. Barthel seconded the motion. All voted aye. Potter made a motion to adapt the following resolution: BE IT RESOLVED, by the Albertville City Council to accept the Feasibility Study for the Westwind Third Addition, dated December, 1991, with the Drainage Report to be prepared by the City Engineer included as an addendum to the Feasibility Study. Barthel seconded the motion. Potter, Barthel, and Walsh voted aye. Berning voted no. The resolution was adopted. The Council agreed to re -ratify the Feasibility Study after the Drainage Report is prepared. Barthel made a motion to adopt the following resolution, contingent upon the City's receiving a letter from the developers of property owners stating that they will be responsible for all expenses incurred in the preparation of the Feasibility Study and all other costs incurred for the project: BE IT RESOLVED, the Albertville City Council hereby orders the engineer to prepare plans and specifications for the Westwind Third Addition improvements. Potter seconded the motion. Potter, Barthel and Walsh voted aye. Berning voted no. The resolution was adopted. Barthel made a motion to adjourn at 10:30 PM. Potter seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, Clerk CITY OF ALBERTVILLE FINANCIAL STATEMENT December 11 - December 31, 1991 Beginning Cash Balance December 10, 1991 INCOME (December 11 - December 31) Bond Issues 425,000.00 Building Permits 1,832.55 City Hall Rent 125.00 Fire Contract Payments 37,024.39 Insurance Refund 3,294.00 Joint Powers Bond 75,500.00 Sewer Digging Licences 90.00 Sewer Receipts 559.87 Special Assessments 25,620.88 Storm Water Receipts 33.60 State of Minnesota 76,130.00 Title Searches 40.00 TOTAL INCOME Voided Check #5615 (RotoRouter) EXPENSES (December 11 - December 31) Check Vs 5707 - 5806 129,231.22 (Approved 12/16/91) Check # 5807 Linda (45 hrs. comp) 369.36 Check # 5808 Christmas turkeys 31.09 Check # 5809 Jim Walsh (Mileage) 50.00 CD #8579 Purchase 150,000.00 TOTAL EXPENSES 645,250.29 3,892.50 279,681.67 $256,560.60 Ending Cash Balance December 31, 1991 ,$6626,021.72 INVESTMENTS: CD #150231 (GF) - matures 6/13/92 @ 4.75% 102,380.39 CD #8287-Sewer - matures 4/10/92 @ 7.00% 250,000.00 CD #8290 (GF) - matures 4/10/92 @ 7.00% 250,000.00 CD #7640 (Lions) - matures 4/17/92 @ 5.75% 39,407.33 CD #8579 - matures 6/30/92 @ 5.0% 150,000.00 CD #8288 Sewer - matures 10/9/92 @ 6.0% 309,872.88 CD #8286-Sewer - matures 10/10/92 @ 7.25% 518,125.00 CD #8289 (GF) - matures 10/10/92 @ 7.25% 518,125.00 TOTAL INVESTMENTS $2,137,910.60 ACCOUNTS PAYABLE CHECK REGISTER PAGE: 1 City of Albertville, Minnesota DATE: 01/02/92 BILLS TO BE PAID 1/6/92 ------------------------------------------------------------------------------------------------------------------------------ ^ CHECK# ------------------------------------------------------------------------------------------------------------------------------ DATE VENDOR NAME VENDOR# $AMOUNT DESCRIPTION OF CHECK STATUS 06033 01/06/92 LeRoy Berning 2010 165.00 1991 P & Z Meetings S 06034 01/06/92 Rick Bishop 2009 150.00 1991 P & Z Meetings S 06035 01/06/92 Chapin Publishing Company 3002 159.00 1991-2 Bid Publications S 06036 01/06/92 CompressAir & Equipment Company 3005 173.14 Equipment Repair - Fire Dept. S 06037 01/06/92 Mark Daleiden 4006 150.00 1991 P & Z Meetings S 06038 01/06/92 Driver -Vehicle Services Division 4005 40.50 Plate #'s 145888, 107016, 192873 S 06039 01/06/92 Federated Co-ops Inc. 6001 400.00 Propane for Ponds S 06040 01/06/92 FundBalance 6007 1,460.00 Accounts Payable Software & Support S 06041 01/06/92 Thomas Haller 8004 180.00 1991 P & Z Meetings S 06042 01/06/92 L.M.C.I.T. 1303 11,070.00 Insurance S 06043 01/06/92 G.D. LaPlant Sanitation, Inc. 1301 58.04 Refuse Disposal S 06044 01/06/92 Minnegasco 1405 335.04 Service 11/22/91 - 12/26/91 5 06045 01/06/92 Minnesota Copy Systems, Inc. 1406 139.00 Maintenance Contract S 06046 01/06/92 Northern States Power Co. 1504 406.63 Electricity S 06047 01/06/92 Pitney Bowes 1703 33.00 Equipment Rental S 06048 01/06/92 U.S. Postmaster 1704 300.00 Postage for Meter S 06049 01/06/92 Radzwill Law Office 1905 10,366.50 Legal Services - December 1991 S 06050 01/06/92 Scharber & Sons 2103 43.20 Chloride & Wrench S 06051 01/06/92 Sunrise Plumbing 2111 26.00 2' Valve S 06052 01/06/92 United Telephone System 2302 212.48 Telephone/Fax Lines S 06053 01/06/92 Wright County Sheriff's Dept. 2504 4,289.74 November & December '91 Police S 06054 01/06/92 Bryan Younger 2701 50.80 ------------- Temporary Help - Park S GRAND TOTAL 30,208.07 C O N T R A C T I. This agreement is entered between the City of Albertville (The City) and Kevin Mealhouse hereinafter ref6rred to as Contractor, for the purpose of the contractor providing professional building inspection services to the City. II. Contractor Responsibilities— The Contractor agrees: A. To make available his services as a certified Building Official in the City of Albertville. B. To enforce the State Building Code for all construction within the City. C. To coordinate his efforts with the City and to be present at the City as needed for this purpose. B. To assume all costs incurred by the Contractor in the performance of his duties, Permit forms, Correction notices, Inspection (',ards and a system for sceduling inspections. To maintain a system for documenting all work completed, City and the ;;ontractor, which to be a -reed upon by the will be submitted with requests for payment. F. To perform other duties and inspections as requested by the City. III. ^ity Responsibilities - The City agrees: A. To maintain all records on all permits applied for and issued. B. To collect permit fees, and issue permits after the Contractor has performed proper plan reviews. C. To assist the Contractor, as necessary, with enforcement for the corrections of violations of the Building Code, when properly documented by the Contractor. IV. Payment - The City agrees: To reimburse the Contractor as follows, upon proper receipt of documentation. 1) Upon submission of documentation showing that all required inspections including final inspection and approval, have been made on the project the city agrees to pay the Contractor 65i; of the permit fee and 95;� of the plan review fee. (based on the 1979 Uniform Building Code Permit Fee Schedule Table =#3-A) 2) Special zoning inspections will also be made at the request of the City for a fee o- 30.00 dollars per hour. V. Duration A. The period of this agreement shall be from January 1, 1992 thru December 31, 1993. B. This contract may be extended or renewed by action of the City with the consent of the Contractor. C. This agreement may be terminated within (30) days upon written notification from the Contractor or the City. City of Albertville im contractor By Kevin Mealhouse Diversified Inspection Services CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 PHONE: 497-3384 COMPLAINT FORM Date of Call .1 ) - 4 ` 15�/ Time of Call Name of Caller ,il0 // S c "9-,e Address '> 30 C14C.4-E; Telephone Number 99`7 —/Ola Nature of Complaint: S ti0".- j.&/'-S P4r,a, a'v t'�gcvN �wP %v2� v� �ac� GrPRli��/ /t�/rib L./�cvt'►/ r L,/�N� ScftO�, % /�7,6ER Gv�r S To,r� ra Action Taken: r Action Performed By Make our City........ Your City We invite Home, Industry, Business Date 1991 APPOINTMENTS CITY OF ALBERTVILLE ACTING MAYOR DONATUS VETSCH PARK BOARD REPRESENTATIVE MIKE POTTER. PLANNING COMMISSION DONATUS VETSCH HEALTH BOARD DONATUS VETSCH ADMINISTRATOR/CLERK/TREASURER LINDA HOUGHTON BUILDING INSPECTOR KEVIN MEALHOUSE WEED INSPECTOR. DONATUS VETSCH CITY ATTORNEY WILLIAM RADZWILL JOINT POWERS REPRESENTATIVES JAMES WALSH MARK BARTHEL ENGINEER MEYER-ROHLIN FINANCIAL ADVISOR JUR.AN & MOODY PLANNER NORTHWEST ASSOCIATED CONSULTANTS (DAVID LICHT) TAX INCREMENT CONSULTANT WILLIAM RADZWILL BOND COUNSEL WILLIAM RADZWILL DOG CATCHER PATTY SALZWEDEL, CATCHER. MONTICELLO DOG POUND, KENNEL BOARD OF VARIANCE JIM WALSH MEDICAL OFFICER DR. DAVID EHLENZ CIVIL DEFENSE DIRECTOR GR.EG BERNING FIRE DEPARTMENT REPRESENTATIVES JAMES WALSH LINDA HOUGHTON OFFICIAL NEWSPAPER CROW RIVER NEWS OFFICIAL DEPOSITORY SECURITY BANK NORTHWEST TWIN CITY FEDERAL STATE BANK OF ROGERS MIDWE ST FEDERAL 1992 APPOINTMENT CONSIDERATION CITY OF ALBERTVILLE ACTING MAYOR DONATUS VETSCH PARK BOARD REPRESENTATIVE MIKE POTTER PLANNING COMMISSION DONATUS VETSCH HEALTH BOARD DONATUS VETSCH ADMINISTRATOR/CLERK/TR.EASURER LINDA HOUGHTON BUILDING INSPECTOR KEVIN MEALHOUSE WEED INSPECTOR DONATUS VETSCH CITY ATTORNEY WILLIAM RADZWILL JOINT POWERS REPRESENTATIVES JAMES WALSH MARK BARTHEL ENGINEER MEYER-ROHLIN FINANCIAL ADVISOR JURAN & MOODY PLANNER NORTHWEST ASSOCIATED CONSULTANTS (DAVID LICHT) TAX INCREMENT CONSULTANT WILLIAM RADZWILL BOND COUNSEL WILLIAM RADZWILL DOG CATCHER PATTY SALZWEDEL, CATCHER MONTICELLO DOG POUND, KENNEL .-. BOARD OF VARIANCE JIM WALSH MEDICAL OFFICER DR. DAVID EHLENZ CIVIL DEFENSE DIRECTOR GREG BERNING FIRE DEPARTMENT REPRESENTATIVES JAMES WALSH LINDA HOUGHTON OFFICIAL NEWSPAPER CROW RIVER NEWS OFFICIAL DEPOSITORY SECURITY BANK NORTHWEST TWIN CITY FEDERAL STATE BANK OF ROGER.S MIDWEST FEDERAL 1st NATIONAL BANK OF ELK RIVER BANK OF ELK RIVER WRIGHT COUNTY BANK ZONING ADMINISTRATOR LINDA HOUGHTON RULES OF PROCEDURE ROBERT'S RULES OF ORDER G IC i..c° o *l) -r' n I tl tI I f ( t kP-V' c.f/-r- c c. i- Y (f v,0-5 5-LT--. ' r c Y Wj� ')J " �LkAA^ ektA-� sc. czzq :lane Weil"', ue:enter ,1991 1 4i! Laurel five. Minneabbli5 MIN. 554013 n whom it .Tay concern: i wgtllg like t.' brinn tg �gur attention g' .. kenrtei located in Minneapolis. M,N Tne Sunshine Kenr,eis_ Minnesota. Its hard for me to believe that in this day in awe our society would allow such a kennel or so—Calieb "breeder" represent itself. %n ar v } e 21flt. s C __ 1Cia,, ;l �_ i gt E.e ember . answeryd ,,:. ad from the Star Tribune regarding AKC Soft :,Gated Wheaten Terriers for sale ranaing from $2 i ',-a 4501.0 . 1 found myself at a iturvy kill. with ,, minimum of GJ adult Cous a,� rr' questionably 40 puooie5 w" �" more on }he Ali these dogs were iiyinn in unsuitable '.^,ditirnc _ Y a r � _ t Oags kith iiitle`n,:' '';T;an - n>aC - 1 Dogs 1:v1,9 in tneri a w p ♦aces t Dogs So badly matted ., }^air Ownfeces tfat one of the dogs hind a'uarter leas was matted Up lntg its bogy, on' ailgwi g it three ieg� to Survive. I Their iiv'na puarters were cg confined, not allowing any.; very little exercise after CbntaCting tie Minnesota Federai Human Society, tha Hennipen County Human Society, tree aright Count. Human Society, Albertville Police Department. City Council of Albertville, Arlikai -fro and even the US Department : ii rsri C:,'l t'�re 1 `b', y tha} �i i } ese brp ini Z'}igr,5 i ti rre y: n a� �: _ thing in common, Mr. fialah cckerman. of Sunshine kennels. find this amazing that the coa:nty of Aibertyiiie and t,le City bf Minneapalis have been tryinn to out this gentleman bines_s since August. My concern is with the City of Albertville i strongly feel that *his man should NOT ba able to make a liyinb of these nelkless animais. What he is doing is wrong and it's a irdegy that vou've a igwed this to no on as lbnn as it his :,incerel'i. l anal M. Kelly CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 December 24, 1991 Ralph and Helen Ackerman Sunshine Kennels 6551 LaBeaux Avenue NE Albertville, MN 55301 Dear Mr. and Mrs. Ackerman: This letter is to inform your kennel of those changes and/or additions that will need to be made to your facility before the City of Albertville can consider the issuance of a license for a commercial dog kennel. These items are to be completed and inspected by the City"s Animal Control Officer by January 6, 1992. INDOOR ADULT HOUSING FACILITIES 1. All interior surfaces must be made substantially impervious to moisture (State Statute 346.39 div 10). Will install marlite-type material to all walls. All seams to be caulked with a good grade of non -toxic silicone caulk. Caulking must be replaced as necessary. 2. Heat must be maintained at 50 degrees at all times when the outdoor temperature falls below 50 degrees. If heat lamps are approved, the lamps must be equipped with guards to prevent the bulb from falling into the kennel upon breakage. Pens must also be constructed so that the dog cannot come in physical contact, with the heat lamps. The burden of proof is upon you to show that the currently proposed heating system will maintain a constant temperature of 50 degrees above zero. Otherwise, an alternate heating system will have to be utilized. 3. Ventilation must be provided such that the air is exchanged at a minimum of 6 times per hour (346.39 div 8). This will provide proper air movement for the health of the animal. 4. As recorded earlier in two previous reports from the C,ity's Animal Control Officer, you do not have enough shelter area to accommodate the number of dogs you have. You have also previously indicated that you will not expand your shelter areas to accommodate these dogs. Therefore, the thirteen 4 x 4 foot boxes that you currently have will be used in computing the minimum square footage for shelter size. Again in figuring compliance for minimum square footage, State Statute 346.39 div 4 is used. Each animal is measured from the tip of the nose to the base of the tail, plus 25%. Note also that you can figure your shelter area only - not, the outdoor exercise area when figuring square footage. Your outdoor exercise area is not shelter, it does not protect the animals from rain, snow, wind, etc. An exercise area must be provided in addition to the shelter Sunshine Kennels December 24, 1991 Page 2 With regard to square footage, the City is considering indoor shelter area only, since this is the only area which is heated. In order to muffle the noise of barking dogs the City requires the dogs to be housed inside during the hours of 10:00 PM to 6:00 AM. For this reason also, you need to figure only your indoor shelter area in order to compute necessary square footage. Beginning with your largest breed, which is a Wheaten Terrier, an average dog measures 31", which requires a minimum of 10.4 sq. ft. Each shelter size is 16 sq. ft. and could house 1 Wheaten Terrier. Your next largest breed is a Cocker Spaniel which averages 27" and requires 7.9 sq. ft. So, each shelter could house 2 Cocker Spaniels. Your other breeds range from 27" to 20" in size. Based on these figures, you would be able to be licensed for 16 - 20 adult dogs. Again, this is an average, since the City's Animal Control Officer has not measured your specific dogs. However, we reed to go with the breed's standard size since your breeding stock is not likely to stay the same at all times. Please provide the City with a list of which dogs you wish to be licensed for and how many of each breed in order to be in compliance with statutes with regard to space. PUPPY/WHELPING FACILITY 1. Floor must be made substantially impervious to moisture. In previous reports, the City's Animal Control Officer has recommended a concrete floor with a drain be installed. You have presented a black plastic material that may be used instead. All :racks and seams are to be sealed. This flooring would need to be replaced as necessary (346.39 div 10). 2. All interior surfaces of the puppy cages are to be substantially impervious to moisture. The same marlite-type material and black plastic is to be used as is used in the adult housing facility. All seams are to be caulked with a non -toxic caulk and replaced as necessary (346.39 div 10). 3. As stated earlier in the City's Animal Control Officer's reports, you are not in compliance with regard to square footage for your shelter areas. If 1 Wheaten Terrier mother dog is 31" in length, she requires 10.41 sq. ft. Generally the Wheaten Terrier mother has 6 puppies, which would be an average litter for a Wheaten Terrier. These puppies are with the mother in this shelter area until 5 weeks of age. At 4 weeks of age, they are actively walking and average 17" in size. Each puppy would require 3.1 sq. ft. of floor space. Therefore, the total minimum square footage required for the mother and 6 puppies would be 29 sq. ft. The largest whelping pen you currently have is 9.9 sq. ft. If the smallest size dog is figured at. 20" with 5 puppies at 11" in size Sunshine Kennels December 24, 1991 Page 3 at 4 weeks of age, this litter would require a minimum of 10.8 sq. ft. and you would still be short of space. Therefore, unless you expand the size of your whelping pens to accommodate the size of the dogs you intend to raise, you cannot be given a permit to house any adult dogs with nursing puppies in this facility. If you wish to house only 8 week old puppies in these existing pens, you must still comply with minimum square footage. For this you need to look to the average size of an 8 week old puppy. A Wheaten Terrier, Cocker Spaniel, and Bishon puppy average 18" to 19" at 8 weeks of age. Based on shelter area only, the City's Animal Control Officer could recommend a license for 34 puppies. If smaller puppies such as Lahsas, Carin Terriers, Poms, etc. were mixed in, this number may be increased by. 10 or so puppies. These numbers are not conclusive since an exercise area is still not provided for the puppies. State Statute 346.39 div 5 states: "all dogs must be provided the opportunity for periodic exercise". You showed the City's Animal Control Officer an area up on top of your current puppy cages where you would be willing to put an exercise area. This area is in direct line of and just a few feet away from your furnace. This means the puppies would have air that is 120 degrees to 140 degrees blowing directly on them as they are exercising. For that reason, this area is not acceptable. You will need to reconstruct the boxes themselves to allow for exercise with the pens. Exercise is defined as allowing the dog to break into a full run. If no changes are made in either of these two areas, square footage for the shelter area or an exercise area, it is doubtful that you will be able to obtain a License for a Commercial Dog Kennel for any number of puppies in this facility. Please submit any specific space changes to my office for prior approval. TO BE COMPLETED BY APRIL 1, 1992 All outdoor runs are to be of poured concrete, along with proper slanting to allow for quick elimination of excess fluids. Concrete is to be sealed with a proper concrete sealer and reapplied as often as necessary. All wastewater must, be collected in a gutter system and disposed of through a sanitary sewer. Wastewater cannot be allowed to wash out onto the ground, due to the spread of disease to humans, livestock, or other pets. This is for the public's health and safety. Please submit Plans of your disposal system to my office for prior approval. Outdoor runs are to be of ample size to allow dogs to break into a full run. Please submit specific size of runs to the City. Sunshine Kennels December 24, 1991 Page 4 TO BE COMPLETED BY MAY 1, 1992 Outdoor runs must be provided with an area to protect the animal from the direct rays of the sun. You have agreed to put, plywood sheets over part of the runs to provide shade. If you have any questions, you can reach the City's Animal Control Officer at the shelter phone which is 295-3838. As noted, please submit all plans of all changes to my office for prior approval. Please note that if the improvements to be completed by January 6, 1992 are not completed and inspected by that date, the City may consider your facility in violation of the City's ordinance regarding licensing of commercial kennels. If your facility is found to be in violation of the ordinance, the City may have the Sheriff issue a citation and turn the matter over to the Wright County Prosecutor's office for prosecution. Please keep us advised as to your progress with regard to completion_ of the above mentioned items. J'_no?r2ly , ucaghton �I e r k 4339 FRANCE AVE. SOUTH M NNEAPOL S, MINN. 55410 3R. B.J. PORTER JR. . DR. T.E. PORTER . DR. B.J. PORTER III • TELEPHONE: 925-1121 ��,>> /at a3, / r 9 / Client: Jane Kelly Address: 1400 Laurel Ave. Name: New Puppy Sex: M Patient D 13479A Westgate Pet Clinic 4339 France Ave. S. Minneapolis, MH 55410 925-1121 Phone: H: 332-8992 City: Minneapolis, MN Breed: Wheaton Terrier Weight: 0 lbs. W: 339-1838 Date: Dec 23 91 Zip Code: 55403 I accination Expiration Date Rabies Information i i I VACCINATION I Rabies Tag No. I I DHLPP Sep 13 91 Serial N: I STATUS I Kennel Cough Name I I Corona I I Lyme Disease i i ! Color: Wheat Age: 5 months SERVICES for New Puppy AMOUNT Medications ................... Cefa-tab Tablets 100mg f 13.35 Anti -Diarrhea Kaolin/Pectin Tb $ 2.50 — ------------------------------------------------------------------------------------------------------------------------ Panacur Granules $/B 8 4.40 TRANSACTION NO. 28 Cashier: TH SUBTOTAL: $ 20.25 Dr. Rhonda Downie TOTAL DUE: $ 20.25 PAYMENT: f 0.00 BALANCE DUE: $ 20.25 Thank you for visiting our hospital. We are pleased to have your business. If we can be of assistance to you with your pet's medical needs, please call us at any time. Our phone number is 925-1121. A minimum processing charge of $2.00 will be added each month an account is due for more than 30 days. This charge will be added on the 15th day of each month and will appear on your monthly statements. Client: Jane Kelly Address: 1400 Laurel Ave. Name: New Puppy r. Sex: M Patient # 13479A Westgate Pet Clinic 4339 France Ave. S. Minneapolis MN 55410 925-1121 Phone: H: 332-8992 City: Minneapolis, MN Breed: Wheaton Terrier Weight: 0 lbs. W: 339-1838 Date: Dec 23 91 Zip Code: 55403 1 Vaccination Expiration -Fate Rabies Information I VACCINATION I Rabies Tag No. � I DHLPP Sep 13 91 Serial #: STATUS I Kennel Cough Name i I Corolla I I Lyme Disease I Color: Wheat Age: 5 months SERVICES for New Puppy AMOUNT Dec 21 91 Clinic Service ................ Office Call $ 23.00 Radiology ..................... X-ray Inital Study $ 45.75 Hospital Services ............. S.O. Fluids (each Treatment) $ 7.00 Hospitalization (standard) $ 15.30 Lab (Internal) ................ Fecal Parasite Specimen Exam. 15.80 Lab (External) ................ piced plufiie Injections .................... --------------------------------------------------------------------------- Floccillin Antibiotic Inj. t 13.00 TRANSACTION NO. 29 Cashier: TH SUBTOTAL: t 151.85 Dr. Rhonda Downie PREVIOUS BAL.: f 20.25 TOTAL DUE: f ,�� PAYMENT: S 0.00 BALANCE DUE: f j.7-; r- i v� U Thank you for visiting our hospital. We are pleased to have your business. If we can be Your pet's medical needs, of assistance to you with please call us at any time. Our phone number is 925-1121. A minimum Processing charge of $2.00 will be added each month an account is due for more than 30 days. This charge will be added on the 15th day of each month and will appear on your monthly statements. Client: Jane Melly Address: 1400 Laurel Ave. Name: New puppy Sex: M Patient # 13479A Westgate pet Clinic 4339 France Ave. S. Minneapolis, MN 55410 925-1121 Phone: H: 332-8992 City: Minneapolis, MN Breed: Wheaton Terrier Weight: 0 lbs. W: 339-1838 Date: Dec 23 91 Zip Code: 55403 I Vaccination Expiration Date Rabies nforma ion I VACCINATION I Rabies Tag No. : I I DHLPP Sep 13 91 Serial #: STATUS I Kennel Cough game I Corona I Lyme Disease I I Color: Wheat ADe: 5 months SERVICES for New puppy AMOUNT Dec 22 91 Hospital Services ............. Hospitalization (standard) $ 15.30 Injections .................... Floccillin Antibiotic Ini. $ 13.00 TRANSACTION NO. 30 Cashier: TH SUBTOTAL: $ --------------- 28.30 Dr. Rhonda Downie PREVIOUS BAL.: $ 172.10 TOTAL DUE: $ 200.40 PAYMENT: $ 0.00 BALANCE DUE: $ -2,4 ��(pg Thank you for visiting our hospital. We are pleased to have your your pet's medical needs, business. If we can be of assistance to you with please call us at any time. Our phone number is 925-1121. A minimum processing charge of $2.00 will be added each month an account is due for more than 30 days. This charge will be added on the 15th day of each month and will appear on your monthly stateLients. Client: Jane Kelly Address: 1400 Laurel Ave. Name: New Puppy Sex: M Patient ## 13479A Westgate Pet Clinic 4339 France Ave. S. Minneapolis, MN 55410 925-1121 Phone: H: 332-8992 City: Minneapolis, MN Breed: Wheaton Terrier Weight. 0 lbs. W: 339-1838 Date: Dec 23 91 Zip Code: 55403 1 Vaccination 7P-IF a-f ion ,a e Rabies n oon•rma l1 i I VACCINATION I Rabies Tag No. ; 1 I DHLPP Sep 13 91 Serial #I: STATUS I Kennel Cough Name I Corona I Lyme Disease I Color: Wheat Age; 5 months SERVICES for New Puppy AMOUNT Dec 21 91 Lab (Internal) ................ CRC/glucose/BUN Lab Fee $ 22.40 ------------------------------------------------------------------------------ TRANSACTION NO. 32 Cashier: TH SUBTOTAL: $ 22.40 Dr. Rhonda Downie PREVIOUS DAL.: $ 168.40 TOTAL DUE: 8 190.80 PAYMENT: $ 0.00 BALANCE DUE: $ 190.80 Thank you for visiting our hospital. We are pleased to have your Your pet's You needs, business. If we can be of assistance to you with please call us at any time. Our phone number is 925-1121. A minimum iorocessinq_ charge of $2.00 will be added each month an account is due for r;ore than 30 days. This charge will be added on t#Ve 15th day of each month and will appear ❑n yourmonthly statements. William S. Radzwill Andrew J. MacArthur Michael C. Couri Stanley A. Ellison Jerry B. Pasehke December 19, 1991 RADZWILL LAW OFFICE Attorneys at Law Edgewood Professional Building 705 Central Avenue East P. O. Box 369 Saint Michael, Minnesota 55376 (612) 497-1930 (612) 497-2599 (FAX) Ms. Linda Houghton City Clerk Albertville City Hall P.O. Box 131 Albertville, Minnesota 55301 Mei J. Edlund, Admin. Assistant John DeLaundreau, Financial Analyst Kristina DeLaundreau, Accounts Receivable Donna J. Matson, Receptionist/Clerk Dear Linda: Attached is a draft of a letter to the Frankfort Town board in _ reference to the drainage problem that has developed near Interstate 94. The letter should be copied and presented to the Council for their information. We understand that the letter is not to be sent until after a meeting between the Council and the Town Board. That meeting is tentatively scheduled for some time in the next several weeks. 1r you .ia've any, r1,.-.s ion-: :j• C o aienrs pI2 se ca me at the office in St. Michael. Sincerely, Stanley A. Ellison William S. Radz)vill Andrew J. MacArthur Michael C. Couri Stanley A. Ellison Jerry B. Paschke December 18, 1991 Frankfort Township 12239 42nd Street P.O. Box 113 RADZWILL LAW OFFICE Attorneys at Law Edgewood Professional Building 705 Central Avenue East P. O. Box 369 Saint Michael, Minnesota 55376 (612) 497-1930 (612) 497-2599 (FAX) St. Michael, Minnesota 55376 Dear Board Members: Mei J. Edlund, Adinin. Assistant John DeLaundreau, Financial Analyst Kristina DeLaundreau, Accounts Receivable Donna J. Matson, Receptionist/Clerk This letter is in reference to a problem that has developed with drainage of surface water within the City of Albertville and the Town of Frankfort. It has come to the attention of the City Council that the Town Board of Frankfort has replaced a portion of an 18 inch drain tile located in the Northwest Quarter of Section 6, Township 121 North, Range 23 West, near County State Aid Highway 37 and Interstate 94, with an 8 inch drain tile. The City Council believes this has resulted in restriction of the drainage from several properties and has created a nuisance in the form of excess surface water that is threatening City of Albertville property and Interstate 94. The repair performed was not in conformance with the joint recommendation of the Engineers of the City of Albertville and the Town of Frankfort (see attachments) . The Albertvil lu r; feels that the nonconforming repair was a negligent action on the part of the Frankfort Town Board and that action has resulted in the creation of the nuisance. The intent of the City Council is to have the existing nuisance abated by some means satisfactory to all parties. The Albertville City Council would like the Frankfort Town Board to abate the nuisance by providing proper drainage or by working with the City of Albertville and the Minnesota Department of Transportation to provide another drainage path. The most equitable method would be a joint action on the part of the City of Albertville, the Town of Frankfort and the Minnesota Department of Transportation. The Minnesota Department of Transportation has received funding approval for participation in the proposed drainage project (see enclosed letter dated September 27, 1991 from MNDOT) . The City Council of The City of Albertville requests the Town of Frankfort to act to abate the nuisance unilaterally or that the Town Board contact the City of Albertville to discuss a joint remedy. If the Town of Frankfort fails to act the City of Albertville will be forced to take legal action to protect the health and welfare of the public and the citizens of Albertville. Sincerely, William S. Radzwill 'OTSEGO ON THE GREAT RIVER ROAD December 31, 1991 City of Albertville PO Box 131 Albertville MN 55301 Honorable Mayor and City Council: We are in receipt of your letter of December 18, 1991 which advised the City of Otsego that the City of Albertville is terminating fire service to the City of Otsego effective January 1, 1992, at 12:01 AM. Please be advised that we have contracted with the fire departments of Monticello and Elk River to provide fire protection to the residents of Otsego for the year 1992. However, we are willing to reopen discussions regarding the future relationship between our City and your City with respect to the provision of fire service to our respective communities. We suggest that we meet sometime in early spring to discuss this matter. Both communities will benefit by mutual cooperation. We look forward to working with you. Very truly yours, City Council City of Otsego o an F. Freske, Mayor i onald Black, Council 1 Larry, urnier, Council t� Doug, as Lindenfelse , Council Floyd R en, Council 13474 N.E. 95th Street 0 Otsego, MN 55330 0 (612) 441-4414 0 Fax: 441-8823 Dear Mr. Mayor and Council, Due to the sale of our house, the end of February. I ask that you Planning and Zoning Commission. It valuable learning experience. S i n c e r 1----- MaYk Dak i den and our moving out of the city at accepted my resignation from the was both a very interesting,and