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1997-03-17 CC Minutes . ALBERTVILLE CITY COUNCIL March 17, 1997 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Patricia Stal berger, Duane Berning, and John Vetsch, Ci ty Administrator Garrison Hal e, Ci ty Cl erk Linda Houghton, Ci ty Engineer Peter Carlson and City Attorney Mike Couri Mayor Olsen called the special meeting of the Albertville City Council to order. The agenda was amended by adding I tern 2h (Memo from Ci ty Attorney Mike Couri requesting an update on the Peterson property appraisal). Berning made a motion to approve the agenda as amended. Stalberger seconded the motion. All voted aye. . The Council discussed the vacancy created by the resignation of Counci Imember Curt Muyres. Counci Imember Berning stated he would prefer to fill the vacancy as soon as possible. Mayor Olsen prefers to advertise for candidates, review the resumes, and interview candidates prior to filling the vacancy. Berning stated he is not opposed to appointing Mr. Robert Gundersen, the candidate who ran for a seat on the Council in November. Berning further stated that a precedent was set six or more years ago when a candidate who had run for a seat on the Council was appointed to fill an unexpired Council term. Mayor Olsen stated he still prefers advertising for candidates for the position. A resident of Albertville, Gary McCormack, stated his opinion that Robert Gundersen would be a good voice for the City and a "good fit" with this Council. Stalberger made a motion to adopt RESOLUTION '1997-18 titled APPOINTMENT OF CITY COUNCIL MEMBER appointing Robert Gunderson to the office of Counci lmember to fi 11 the unexpired term of Curt Muyres, which ends the first business day in January, 1999. Berning seconded the motion. Vetsch, Berning, and Stalberger voted aye. Olsen abstained. The motion carried. City Clerk Houghton administered the oath of office to Mr. Gunderson, who was seated on the Council immediately thereafter. . The Public Works Committee reviewed the amended Snow Plowing Policy, as revised on March 8, 1997. Berning made a motion to adopt RESOLUTION '1997-10 titled SNOW PLOWING AND ICE CONTROL POLICY. Vetsch seconded the motion. All voted aye. City Administrator Hale informed the Council that he wants a designated alternate appointed as Coordinator. Mayor Olsen does . . . ALBERTVILLE CITY COUNCIL SPECIAL MEETING March 17, 1997 Page 2 of 5 not want a specific delegated alternate. Hale advised the Council that in the event he was not in the City, John Vetsch will be the number one alternate, Mark Olsen the number two alternate, and Ken Lindsay the number three al ternate. Lindsay questioned if this meant that he was not authorized to plow snow without consent from the administrator or one of the alternates. The Council clarified that the coordinator, or his alternate, need be involved in emergency situations, not day-to-day routine plowing. Ci ty At torney Mike Couri discussed the parameters of the Veteran's Preference Hearing on this issue of el iminating the Public Works Coordinator position. Couri reported that Mr. Lindsay has contacted him to discuss a settlement offer to avoid the hearing process. Lindsay would drop his request for a hearing if the Council agreed to reinstate him to the position of Public Works Coordinator and offer him a raise. No amount or percentage for the raise has been included. Attorney Couri stated he feels Lindsay's offer is not much of a compromise. Berning and Vetsch agreed. If it is the consensus of the Counci 1 to deny the offer proposed by Mr. Lindsay, Couri recommends proceeding with an formal process. Thi s requi res that the Counci 1 appoint an unbiased, reputable person to the committee, neither a member of the presently or previously seated Council nor city employees. Mr. Lindsay will appoint one person of his choice, and the two members will mutually agree on a third member. The City is responsible for paying all three of the committee members. Couri also urged the Council to hire a court reported to transcribe the hearing for the record. Councilmember Stalberger asked how much the City would pay each member. Couri stated there are no rul es or guidel ines established for the procedure, other than the hearing must be held. Couri wi 11 check whether the meeting is open or if it can be closed. Mayor Olsen recommended that the city administrator put together a list of potential appointees for consideration for appointment as the City representative for the Veteran's Preference Hearing at the April 1, 1997, Council meeting. Vetsch made a motion to deny the settlement offer proposed by Mr. Lindsay. Stalberger seconded the motion. 01 sen, Vetsch, Berning and Stalberger voted aye. Gundersen abstained. The motion carried. Virgil Hawkins, Assistant Wright County Engineer, reviewed the plans and specs for the CSAH 19/37 Intersection Realignment Project with the Council. . ALBERTVILLE CITY COUNCIL SPECIAL MEETING March 17, 1997 Page 3 of 5 Berning made a motion RESOLUTION APPROVING PLANS ADVERTISEMENT OF BIDS for the Project. Vetsch seconded the to adopt RESOLUTION #1997-20 ti tl ed AND SPECIFICATIONS AND ORDERING CSAH 19/37 Intersection Realignment motion. All voted aye. Wayne Kessl er, representing the st. Michael Ci ty Counci I, addressed the Council concerning the transportation plan as proposed for the City of st. Michael. st. Michael is requesting the City of Albertville support st. Michael's efforts to have Nabor Avenue NE declared a major arterial. st. Michael proposes to construct a bridge, with or without exit/entrance ramps, over 1-94 at Nabor Avenue. City Engineer Peter Carlson explained that the st. Michael plan is a double-edged sword for Albertville. It will increase traffic through the residential areas of 50th street at the same time making an easier, more direct access to the industrial park. A full interchange on 1-94 at Nabor Avenue would put our industrial park in competi tion wi th the industrial park proposed by st. Michael for the Nabor Avenue area. . Vetsch made a motion to table a decision on supporting the st. Michael Transportation Plan to the April 1, 1997, meeting. Stalberger seconded the motion. All voted aye. Arl an Middl eton, representing Middl eton & Associates Insurance, who has been the Ci ty' s agent of record since 1977, addressed the Counci I regarding the Counci I 's March 3, 1997, decision to change agents. Middleton expressed concerns over how the agent of record appointment was made. He further stated he was not opposed to making a presentation or being interviewed by the Council for the agent of record position, but he felt that his not being notified of the pending action or having the opportunity to address the Council prior to their action was unjust. Stalberger made a motion to rescind her March 3,1997, motion appointing Francis Beaudry of Beaudry Insurance as Agent of Record. Further, to reappoint Arlan Middleton of Middleton Associates as Agent of Record. Vetsch seconded the motion. All voted aye. Councilmember Berning removed himself from the Council Chambers prior to opening discussion on the Vetsch Custom Cabinets purchase agreement. . City Attorney Couri presented the purchase agreement and an addendum negotiated with David and Jeanne Vetsch. The purchase offer is for the Vetsches to purchase approximately two acres of the original lot for $8,000, with the City paying the outstanding special assessments and properl y subdividing the property. The . ALBERTVILLE CITY COUNCIL SPECIAL MEETING March 17, 1997 Page 4 of 5 Vetsches agree to construct a building (approximately $230,000 value) on the property by October 31, 1998. The purchase price will be adjusted based on the amount of soil corrections necessary (estimated at $40,000 at this time)--upwards if the soil corrections are less than the estimate, or downward, if the soils corrections exceed the estimate. Amore accurate estimate is being prepared at this time and the $40,000 base figure as included in the addendum will probably be increased. The offer is contingent upon the purchaser getting financing for the project at 11% or less. Mayor Olsen suggested that the purchase offer be restructured by lowering the purchase price by the amount of the outstanding assessments and requ~ring the buyer to pay the special assessments. The buyers wish to purchase only the buildable portion of the lot, not the wetland areas. The buyers are fearful that at some future point the City will assess the costs of improving the road, etc. and the wetland areas of the lot will be assessable. . The agreement also requires a Tax Increment Financing Reimbursement Agreement be executed between the Ci ty and the buyers. The tax increment financing district will be a pay-as-you- go plan. Olsen made a motion approving the purchase agreement with the following amendments: (1) The base figure listed in Article 3, Paragraphs a, b, and c is adjusted to the estimated costs being prepared. (2) The minimum purchase price in Article 3(c) will be the amount of the City;s closing costs. (3) The buyer will purchase the entire 8.32 acre lot, thereby el iminating the need to re-survey and suddi vide the property. The Ci ty agrees not to assess the wet 1 and portion of the lot as long as the property remaIns undevelopable. (4) The sell ing price of the lot wi 11 be lowered by the amount of special assessments outstanding on the property. The motion further authorizes the city attorney to send the preliminary TIF infurmation to Kennedy & Graven to begin work on the TIF district. Stalberger seconded the motion. All voted aye. . City Attorney Couri explained that because there is still a question regarding the validity of the lot split of the Peterson property, he is recommending that the appraisal of the property be updated to reflect the design changes and the new property information. . . e ALBERTVILLE CITY COUNCIL SPECIAL MEETING March 17, 1997 Page 5 of 5 Berning made a motion authorizing an update to the appraisal of the Peterson property at a not-to-exceed cost of $1,000. Vetsch seconded the motion. All voted aye. Mayor Olsen adjourned the special meeting at 10:00 PM. Mark Olsen, Mayor Linda Houghton, City Clerk