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1995-12-12 CC Specials C� ALBERTVILLE CITY COUNCIL AGIMA December 12, 1995 6:00 PM 1. CALL TO ORDER/ROLL CALL/ADOPT AGENDA (Mayor/Clerk/Council) 2. SPECIAL ORDER (Council) A. Appointment of Legal Counsel B. Merger/Consolidation [Closed Session] Process & Law C. Appointment of Consolidation Committee/Chair - Discussion D. Concurrent Detachment/Annexation Petitions 1) RESOLUTION #1995-32 2) Bernard & Marlene Vetsch 3) Daniel & Bridget Vetsch 4) Balfany Development, Inc. 5) Other E. Establish regular January 1996 Council meeting on Tuesday, January 2, 1996, at 7:00 PM F. Wastewater Treatment Facility - Operations Contractual Agreement (City Attorney) G. Water Tower Site - Lot Sale (Realtor) H. RESOLUTION #1995-55 (RESOLUTION ADOPTING THE FINAL ALBERTVILLE 1995 TAX LEVY, COLLECTIBLE IN 1996) I. RESOLUTION #1995-56 (RESOLUTION ADOPTING THE FINAL ALBERTVILLE BUDGET FOR 1996) J. Capital Improvement Plan Priorities List (RESOLUTION #1995-59) K. RESOLUTION #1995-58 (ESTABLISHMENT OF A PERFORMANCE APPRAISAL POLICY) 3. ADJOUR 84M (Council ) ALBERTVILLE SPECIAL December Albertville City Hall PRESENT: Mayor Mike John Vetsch (6:15 PM), Curt City Administrator Garrison Houghton CITY COUNCIL MEETING 12, 1995 6:00 PM Potter, Councilmembers Duane Berning, Muyres (6:15 PM), and Sharon Anderson, Hale, and City Clerk -Treasurer Linda Mayor Potter called the special meeting of the Albertville City Council to order. The agenda was amended by deleting Item 2F (Wastewater Treatment Facility - Operations Contractual Agreement) due to the fact that the city attorney has not reviewed the entire agreement at this point. Mayor Potter explained that either he would call a special meeting later in the month, if the contract is completed within a short time, or the contract would be on the agenda at the first meeting in January. Anderson made a motion to approve the agenda as amended. Berning seconded the motion. All vote aye. Because Councilmembers Muyres and Vetsch had been delayed, Mayor Potter began the meeting at Item 2E. Berning made a motion to schedule the regular January 1996 Council meeting on Tuesday, January 2, 1996, at 7:00 PM. Anderson seconded the motion. All voted aye. The Council discussed the suggestion from Jim Krystosek, realtor for the water tower lot site, that the asking price be lowered to $24,900. Mayor Potter stated that since the lot does not have sewer stubbed into the property, he would recommend that the Council lower the asking price to $27,900 at this time. [Councilmembers Muyres and Vetsch arrived at the meeting]. Berning made a motion to lower the asking price for the water tower lot to $27,900. Anderson seconded the motion. Berning, Potter, Anderson and Vetsch voted aye. Muyres abstained. The motion carried. Muyres made a motion to adopt RESOLUTION #1995-55 titled RESOLUTION ADOPTING THE FINAL ALBERTVILLE TAX LEVY, COLLECTIBLE IN 1996 setting the levy on the properties within the City of Albertville at $435,000. Anderson seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL SPECIAL MEETING December 12, 1995 Page 2 of 3 Anderson made a motion to adopt RESOLUTION #1995-56 titled RESOLUTION ADOPTING THE FINAL ALBERTVILLE BUDGET FOR 1996 as presented. Muyres seconded the motion. All voted aye. Berning made a motion to adopt RESOLUTION #1995-59 titled ESTABLISHMENT OF A CAPITAL IMPROVEMENT PLAN. Muyres seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1995-58 titled ESTABLISHMENT OF A PERFORMANCE APPRAISAL POLICY. Muyres seconded the motion. All voted aye. Peter Schmitz, an attorney recommended to the City Council by City Attorney Couri, introduced himself to the Council and presented a brief resume. Schmitz has tried cases before the Minnesota Municipal Board regarding annexation requests in the recent past. He explained he charges an hourly rate of $125 per hour for municipal work. If the Council elects to retain his services, Schmitz cautioned he would charge for his drive time from Northfield and would recommend that on the dates he is required to be present that the Council has definite objectives and work directives. Muyres made a motion to adopt RESOLUTION #1995-62 titled A RESOLUTION MAKING THE APPOINTMENT OF SPECIAL LEGAL COUNSEL FOR THE MERGER/CONSOLIDATION PROCEEDINGS FOR THE CITIES OF ALBERTVILLE & OTSEGO retaining Peter Schmitz as legal counsel for the City of Albertville for the Consolidation Process ordered by the Municipal Board. Vetsch seconded the motion. All voted aye. Mayor Potter called a recess in the public meeting at 6:40 PM to allow the Council to meet with legal counsel. Mayor Potter reconvened the public meeting at 7:42 PM. The Council agreed to appoint ten members for consideration by the Municipal Board to sit on the Consolidation Committee at the January 2, 1996, meeting. Councilmember Muyres explained to the audience that the Council will establish a written policy regarding annexation petitions. Highlights of the policy are as follows: (1) Landowners will be totally responsible for retaining their own legal representation if necessary; (2) Landowners are responsible for all fees associated with the annexation petition; and (3) The City, at its option, may hire its own counsel to represent its interests. Muyres feels the Council should officially adopt a resolution stating this policy before taking action on any of the annexation petitions. Councilmembers Anderson and Berning both