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HomeMy WebLinkAboutSP May 6, 1974 (3~()W T()WNSIiII) Minutes of SPECIAL MEETING of the Grow Township Board of Supervisors held May 6, 1974 at 7:00 p.m., a~ the Grow Town Community Center. Attending were, Chairman Schneider, Supervisor Christenson, Attorney Hawkins. Keeting was called to order at 7:30 p.m., by Chairman Schneider who noted one Supervisor absent., Discussion was initiated on street names On the western edge of the Township. Supervisor Christenson, the Road Overseer, noted Dick Bune, Representative of Chamberlain Equity Corporation, who would like the names of three (3) streets changed that pass through their development, " Meadowood ". Mr. Bune has checked with Anoka County and there is no opposition. The Supervisors present agreed there would be no problem. The alphabet letters to be changed will be: K - L - M formerly, Kiowa - Lipan - Makah. These streets will now be: KISSIMER - LARRABLE and MENOMINEE. Oak Grove Township may have some streets that line up with these. Grow wiìl notify this Township by letter and a copy of these minutes will accompany the letter. Mr. Bune and the county of Anoka will also be notified. A copy of this letter will be attached to these minutes as: ITEM - A. Minor discussion insued on the Misslin Bridge matter with Attorney Hawkins to have all information available on this matter at the monthly Town Board Meeting On May 14, 1974. Minor discus,sion on Road Maintenence - ten (10) minutes. Discussion on Cedar Crest Park Site with Chairman Schneider noting he received a call from Robert Rither, who noted with some concern that Township property - black dirt, was being removed from the Park Site by Mr. Tim Dahmen, 3921 174th Avenue Northwest. Mr. Dahmen explained to Rither that "Sylvia" of the Parks/Recreation Advisory Board told him he could have the dirt he wanted. According to Rither a dump truck and "Bob Cat" ,were being used in removal. Mr. Dahmen stated he had a witness, Jim Green to "Sylvia" stating they could have it. Attorney Hawkins noted if unauthorized removal had been done, it would have to be replaced or paid for by someone. Supervisor Christenson questioned what authority Sylvia Britton had to give out Township materials and if in fact, she did, he would take a load for his yard. Chairman Schneider was concerned also and was trying to reach "Sylvia" and Mr. Dahmen. He C6told net reaeh"Syl"ia"and Mr, n"hm",n was probably "ut 1Po·,i1\8 dirt. Rither also noted to Chairman Schneider he felt Mr. Dahmen was acting under direction given to him and he had no idea she had no authority to do this. Rither will send a letter to the Town Board on this matter, a copy will be attached to these minutes also, to fill in what was missed. The letter will be attached to these minutes as: ITEM -B. Later in this evening, May 6, 1974 Chairman Schneider reached "Sylvia" by telephone and directed her to proceed to Site and retrieve situation. Minutes - May 6, 1974 Page 2 Supervisor Christenson opened discussion on new legislation allowing elected officials' to get mileage for miles traveled on Township Official Business; Chapter 143, S.F. No. 3085, an Act relating to towns; officers' compensation and mileage allowance; amending Minnesota Statutes 1971, Section 367.05 Subdivision 2; repealing Minnesota Statutes 1971, Sections 367.05, Subdivision 4; 367.06; 367.07; and 367.08. Hereby referred to in these minutes as Chapter 143. Attorney Hawkins noted this legislation can be acted on at any time by the Board. A copy will be attached to these minutes as; ITEM C. Minor discussion on Township Building with Hawkins noting Champlin has had many problems with there building project. Chairman Schneider noting he would have liked to seen a concrete structure. Supervisor Christenson noting the steel building was flexible if additions were initiated. Chairman Schneider moved agenda on to Planner's bill with Supervisor Christenson asking if we had any more data on bill from Otto. Chairman Schneider stated we have same information we had at the May 1, 1974 meeting with Mr. Schmid. Chairman Schneider noted the more he studied it, the more confused he got. Supervisor Christenson felt we should ask Schmid fo~ a detailed break-down of time spent on Technical Assistance for auditing purposes. He is not sure the items we are reviewing were submitted for these purposes. Supervisor Ho1asek arrived at approximately 8:00 p.m. and entered discussion by stating he felt the Board should have copies of Plan before Planning Commission is through with their reviewal. Supervisor Christenson notes the order in which these things are done, is so the Planning Commission can be sure it contains what they have been working on for the past year, nor more, no less. Supervisor Ho1asek noted he could not attend most Planning Meetings and felt Schmid's Firm was paid right along for this Plan and also felt maybe some money should have been held back until Plan was reviewed. Supervisor Christenson noted review of the Comprehensive Development Plan took place at every single meeting held by the Planning Commission and the Planner and noted absence of Town Board Official's from these public held meetings should not be used as a basis for determining whether the Planner had performed his duty or not and secondly noted the amount of money contracted for is not in question, the TA Account is the one that seems to be in question. Discussion on the May 1, 1974 meeting with Otto insued with Supervisor Holasek noting Schmid should have been able to answer these questions. Supervisor Christenson defended Schmid by noting, to recall these off the top of his head would be impossible. Supervisor Ho1asek noted he was called out here for that expressed purpose. Clerk Art Jaworski notes of events, telephone conversation with Schmid requesting he appear, was answered by let~er reacting to conversation and noted this had been discussed before. All Town Board Members received letter, with Chairman Schneider noting he did not have background because of not being on the Board at the time. Clerk Art Jaworski relayed message that the Board wanted him to explain his bill more thoroughly. Clerk noted this was done and Mr. Schmid did appear. Supervisor Christenson noted subsequently to this, the Law Firm told Otto Schmid he did not have to appea&. It is noted that Chairman Schneider did not on his own ask for Otto to come out, it was a Board decision made on April 17, 1974 to have Otto Schmid, Lary Carlson ( past Board Chairman ) , the Attorney and the present Board, together to go over this matter. Supervisor Christenson noted that there are contradictions that have to be ironed out and felt that, yes these items should be scrutinized. Minutes - May 6, 1974 Page 3 Supervisor Holasek felt another meeting and letter at this late time asking again for clarification is not necessary. Item tabled until after Road Maintenence Contract is discussed with BurtOn Kraabel, 14717 Andover Blvd. N.W., Anoka, Minnesota. Chairman Schneider noted to the Board and Kraabel, the Attorney allowed by State Statute, we could contract with Kraabel without advertising for bids and that the Board was meeting with him for this purpose. Attorney Hawkins briefly explained the Contract noting this maintenence agreement and also noting for small projects, we could write work orders. Kraabel stated this is the way it should be done. To put things in prospective for the Attorney, Supervisor Christenson noted the Board is in agreement to seek other Engineering advice. Attorney Hawkins asked if Consulting Engineers Diversified Inc., had been notified. Supervisor Christenson noted nothing has been done yet, so they haven't been notified. (Subsequent conversations by Chairman Schneider, Supervisor Christenson, Supervisor Holasek and Attorney Hawkins are not needed for this record to be accurate. They are on tape and are opened to public record.) Attorney Hawkins will check on Contract, if any with CED and notify Clerk and Board Members. After reviewing Contract, Kraabel's only objection was to the insurance section requiring one million ($1,000,000) dollars coverage. Supervisor Holasek noted high rates in effect for excavators. Attorney Hawkins noted this was subject to Board approval. Supervisor Christenson noted that because of Contract, Kraabel could not be construed as an employee, therefore Kraabel's insurance should be adequate to cover him. Attorney Hawkins will put Contract in order and send copy to Kraabel for signing. Copies will be sent to Supervisors and Clerk's Office for attachement to these minutes as ITEM 4, original will be kept on file at Clerk's Office. Snowplowing will be discussed with Kraabel as Season approaches. Kraabel noted with fast changing situation as far as cost of gasoline, etc., he would prefer this. Materials Section of Contract will be posted in Anoka Union and bids asked for. This section when received by Clerk's Office, from Attorney will be held until direction from the Board. Minor discussion on maintenence and reapir projects for rural areas using cinder mixture or class 5 (five) . It was noted the cost differential for these was $3,000 per mile for cinder, tlay mixture, $8,000 per mile for class 5 (five). Supervisor Chirstenson noted we should try it on Jay Street. Supervisor Holasek noted we should try it in rural areas like Ward Lake Drive or Prairie Road.' General discussion on whether the cinder, clay mixture would be too dirty for subdivision road rep,irs. Minor discussion on Park work done by Kraabel with Kraabel noting what should be done to finish up ball diamond at l4lst and Yukon and in the "~' at Green Acres. The Board was unanimous in having Kraabel do what is necessary to finish these two Parks. Miscellaneous discussion on road matters including; 1.) Nightengale- County should be notified to upkeep this road. 2.) Repair of tar streets - Supervisor Christenson should notify Hornsby at Anoka County and have them swing in and fix ours and bill us at the end of the year. Kraabel left at this time and the Planners bill was picked up again. Minutes - May 6, 1974 Page 4 Supervisor Holasek noting he would go along with Attorney's suggestion we scrutinize bill, send Firm a letter confirming what we are willing to pay and allow them to react. After much discussion and repeated statements by all. Attorney Hawkins went over information we have, noting what he thought should be paid, what should not be paid and what should be questioned. Supervisor Holasek moved to have the Attorney cDntact Otto Schmid to note Boards position. Attorney Hawkins interrupted Supervisor Holasek and stated he would tell the Board first hand what would be in the letter and proceeded to do so. Supervisor Holasek again moved to authorize Attorney Hawkins to make a proposal to the Planning Firm and Otto Schmid, based on the findings put together this evening and allow Nason Wehrman Chapman and Associates or Otto Schmid to respond. Second by Supervisor Christenson; , Carried unanimously. A copy of this letter will be attached to these minutes as ITEM 5 (five). Chairman Schneider made a motion to adjourn. Supervisor Holasek and Supervisor Christenson continued conversation, with this Attorney Hawkins pointing out; this motion allows for no further discussion; second by Supervisor Holasek. Carried. Meeting adjourned at 10:35 p.m. ~~~ -+' -Ie. rY) fl , G7("VW T()WUU§hmp 1685 CROSSTOWN BLVD, N.W. ANOKA, MINNESOTA 55303 (612) 755·5100 May 23, 1974 Mr. Ernest Knutson RR 1,1 Anoka, Minnesota 55303 Dear Mr. Knutson: I am writing to inform you that Mr. David Fricke from Chamberlain Equity Corporation appeared at the Grow Township Board Meeting on May 6, 1974 to request three (3) street names to be changed in their development of Meadowood. Meadowood is in the western edge of Grow Township. The streets that were formerly Kiowa, Lipan and Makah, are now Kissmer, Larrable and Menominee. Mr. Fricke stated to our Board Members that they had talked to Anoka County and they did not object to these changes. If you have streets that line up with these, please inform us by letter at the above address. I will be looking forward to your reply. ~' Clerk Grow Township AJ/mk CC: David Fricke Anoka County Surveyor ,..." .- _..J- '/ I'- "i , l-.d " , ''-': May 6, 1974 " 17410 Blackfoot St ~Ñ Anoka, Minn. 55303 lfæ. Richard J. Schneider, Chairman Grow Township Board of Supervisors 1343 Andover Blvd. NW Anoka, Minnesota 55303 Dear Mr. Schneider: This letter confirms our telephone conversation this evening and brings to your attention a situation I have observed in the Town- ship park in Cedar Crest Estates, First Addition. On Sunday, May 5, 1974 about 3:00 O'Clock P.M., I detected some type of activity resembling the moving about of machinery and the like in the pond area of the Cedar Crest park, which is across the street from my home. It seemed odd that someone should be working on our park sites on a Sunday so I went over to investi- gate. \vhat I discovered was odd, indeed. Briefly, this is what I found: 1. A tractor with front end loader on the north end of the pond. 2. An area immediately in front of the loader, and in the dredged pond material, which had recently been excavated. 3. A dump truck, which was equipped with what I estimate to be a five yard box, in the area of the front yard of a resident whose property abutts the park land on the south end of the pond (Mr. Tim Dahmen, 3921 174th Ave N\V). 4. The dump box of the truck was in the raised position. 5. A pile of dirt on the ground immediately beneath the open end of the raised dump box. Obviously, it did not take long to make the necessary connections. lf~. Dahmen, the truck driver (whose name I did not obtain) and I chatted amicably. Mr. Dahmen stated that he and Mr. Jim Green (a neighbor of ours who was not present) had been told by "Sylvia" at a recent Park Advisory Board meeting that they could take all the dirt they wanted. Some important questions come to mind. Is the project at the Cedar Crest pond complete? If the answer is no, will additional soil now be needed to maintain the proposed grade? If the answer is yes, has the finished grade now been destroyed, requiring adàiticnal work and Township expenditures? Has the Township Board of Supervisors declared the material removed surplus and if so when? "¡,[ho is "Sylvia" and what is her official capacity, functio:1, and authority in 'Grow Township? Has the Township Board of Super- visors taken offici~l action to grant "Sylvia" authority to disDose of or distribute, free of charge, any Township property or ~aterials in any form, shape, or condition, whether declared surplus or not? . If no" authority is so vested in "Sylvia" 'f: to èispose of Tow~ship property, what Board action is anticipated to recover the property or the reasorlable value thereof? There are probably many more questions which could be raised but the foregoing list will help to underscore the seriousness of the situation. I do not know how much material has been removed from the pond area although as I indicated to you on the telephone this evening, the removal continues. On Sunday afternoon I estimated seeing approximately three, five yard loads of Township "property" on the property at 3921 174th Ave h~v. The truck driver estimated the value of from between $20 to $25 per load. As of this writing there is appreciably more dirt removed and as it is distributed about the lot, I am unable to make an estimate. If we assume that the soil is not needed at the Cedar Crest site, why should "it not be trucked to the Community Center site, stoc:ç- piled, and used for the anticipated landscaping project at that location? We find ourselves in the rather ludicrous position of selling cheap and buying dear. If the B.oard of Supervisors did not authorize (and, you indicated on the telephone that this is the case) this apparently irrespons- ible give away of Township property, then the Township must either recover the material or the reasonable and just value thereof. It is reasonable to assume that all Township property has some value whether it be a fôlding chair, a pencil, a light bulb, or a pile of dirt. In principle, none of us is authorized to misappropriate a single postage stamp. Returning the soil to its original location ,raises an interesting question; are there others who carted away soil Ìl'1'.the mistaken belief that the offer of free dirt for the hauling was bona fide and authorized by the , Board of Supervisors? It appears that those who have helped them- selves acted imprudently. However, I am hard pressed to fault them for having acted on what they thought was a genuine offer. They were led to believe that what they were doing was in every sense properly authorized. They are, in a sense, victims of circumstance. If it is impractical, if not impossible, to recover the material and those who took the material were misled, then it is apparent that the options are narrowed considerably. Simply stated, the individual who had no apparent authority to give the Township material away must make restitution for the full value of the material. The Township should settle for nothing less. As I indicated to you on the ,telephone on ¡'lay 6, 1974, I request that the removal of this soil be stopped as ,soon as possible and that this matter be given a full public discussiorl at the ne¿t regular Board of Supervisors meeting to be held May 14, 1974. In addition, I ask that the Board request the presence at the meeting of the following individuals: "Sylvia" ¡VIr. Jim Griswold Mr. Tim Dahmen IVJr . Jim Green I view this matter as a serious breach of the public trust. It is not a pleasant matter---someone talks out of turn, someone acts on misinformation, the relations of a neighborhood are somewhat strained, and the Board is burdened with another problem which could have been avoided. I am hopeful that the Board will resolve the matter quickly and in so doing assure the Townspeople that a similar occurrence will not befall us in the future. As for "Sylvia", I understand that she serves in some capacity on the Park Advisory Board. This whole affair raises some doubt in my mind as to the responsibility that such a position carries and the ability of this individual to discharge it. It is something you should think about. SiZ;;;'a ~øJ Robert A. Rither cc: Marvin Christenson Winslow Holasek Art Jaworski Ymrilyn Kappelhoff Walter Arntzen James Griswold William Hawkins Timothy Dahmen James Green Janett Eveland . , ..1-- j ...,/JÎ c. r f' at\1itfít1 ~ ø.<1' ~fi'/;~ j' ~öüä ,',it ),;,' (", ,1,,',:',,.,";,. , I ,~ôl h~f', '~~~~~,!(\ ~ ì¡¡i.\.iI~ '. , \ ' ~ i SECOND REGULAR SESSION Ch. 143 , " t V,·"''''',:c....· .,' - , ~, 0' I , . ¡',.' CONVEYANCE OF STATE LANDS-OWATONNA .'" I ! I CHAPTER 142 S,F.No.3085 " I [Not Coded] An Act relating to state government: authorizing a conveyance of certain t state owned lands to the city of Owatonna and specifying terms and con- ditions thereof. I Appro\'ed March ]3, 1074. ! TOWN~FFICERS--COMPENSATION AND MILEA=-l r ¡ 1 r I ,.: CHAPTER 143 I I , S.F,No.3151 ¡ !-" An Act relating to towns; officers' compensation and mileage allowance; : amending Minnesota Statutes 1971, Section 367.0.5, Subdivision 2; repeal- r I Ing Mlnnes()ta Statutes 1971, Sections 367.0.5, Subdivision 4¡ 367.06 ; 367.07: and 367,08. , , \ Be it cnacted. by the Le{Jislature of thc State of Jlill1!C8ota: \ Section ]. :L\1innesota Statutes lOil, Section 367.05, Subdivision 2, is nmcnd~ ed to rcad: Subd. 2. Officers. At the annual town meeting the electors of nny town shaH þy majority vote estnblish such compensation for supervisors as the ¡ eJectors deem proper, any other Jaw notwithstanding, The town board of any "- I town 51mB establish compensation for the cJerk as the town board deems prop- er, Siny other la,v not\V'ith5tanding. In additIon to such compensation as [.;hall be proviùed pursuant to this sub~ , diylsion, Rupen·fsors and clerks shall be entitled to mileage at a rate not to ¡' I excecd 15 ccuts pel' miIe for c(1('11 mile ncccssarH,}' traveled on official busi· I ness trithin or without the town as cstaoIished by it town meeting. The ,'oters nt any town meeting, after reading and disposing of the annual , 1 T(>port~ may, by resoluUon fix the scnle of wages ltnù hours of employment of " the road on~n;eer and o~ any other person employed by any town on any town [, ;) road. , Sec. 2. Repealer. Minnesota Statutes 1071, Sections 361.05, Subdivision 4; ¡ \ 367.06; 367.07; and 367.08 Qrc repealed. Sec. 3. Effeotlve dat,. This act is etfectiye the day following its final 4JDactment. Approved March 13, 1$14. \, . . I I ,~ 173 f -, ¡. . :'._,)' , .-ì ì t ~ . . . I ~ .~__'-.,:f< ~.'1w~~";,' , ~ t .... . I ~,' "1"" '~!.~~':lJV'~~~I~~kl'f)~~fiw:wrr~I!!!r'lSI"ì'111.'¡~:~J'~f:,:91'1!1;r'~'\<~:-;C"!H' ~\~',~~'. 'Ir. '·1· .¡¡'4't·i-r'w.'Mff~~r::f 'I.'.W',"·~f,¡.';"':!':',f"'fi¡' f"',\,,~f;'P:! ~,' I~~ - ~ 'M\ ,~,.-( ..,'-~ '~"...":'~"'¡-':' .;,~¡,~.."". .~":""~....: '''>', ~-::---- ."'" {. ...__ ~.,,~ :(I" "".... ~"'. ~_"~,, ;.,~...~...,,' Y:.. " f' ."_1,,, .... .., jf ' ''',. ,. '_ ' -- ___ '" ~ ~ ...."".'....~ ,'''',. ~.~".:lIJ.~.JIè~,.,.¥~~¡:'~ ;.¡ "ç..,,:,): ':. ,:;{l~ ~'" .f,~ ' 0-1,., ,_::1. i.. "", JI'¡'-.' 1-.....r. ....~.¡:,...~... .. . ,," ". '" ,. - ~-.. "\:::";'.f'-;;':':,¡'::':J7~:~¡;Í<:~~"'i~"i!'.).;-.~I'.f.~+I."" ·",,_':"t;;.t,1if'''Jo'':'',~·~_ '~ß!".2''r..;:;1.. ..~.\.... '~·If'f'..'.\""~t.;.",,........µ,.·· ........"'" . "'-1:':.""...J-r.-op.;·~.:'·\<,(.f'.,·~r"~·-'o;~1 ..,...."''A._........ ...ç< ",t ~'.l.":S'£""." ~~:-:t.,(",,.,...._.þ. "" -'~"'-"'1·.....1'''' {.~...'.,., O)...~' µ" .~>..J", - .., 'S::- ,,~_.. ,.~~......,.... "'-' .+.i¡:,¡.... '~'"~~~''' n;;..,(~"t' ,I, .··"...\'o"'''''''i''''f'~'A, ,.~ ." ...... " ' ~~':>~~~~r"'<""~" .....\it'.. ,~..~....^'~,,'::~..., ~".~':~;::.t>:-..j"'~, ¡;:'\.....\¥ ~ ~'·~"'.f~..,,">.~\~:t.?'; :"':!~.~~ \ ;" ::.,.' :";.....$/",,' 11':r þ' ~,.' r..' ...;..,.....),.1 ,.¥ ~,." " _.-:..._...~.~._...._._.. ~:.., ~~. ">''::fJ': ':t..-...7~'(....t~t~,.::........."'f.'~~;"'" ·Xf"\'Ir>',,,'V"':h "\. ~",.., \~ , -: ,~. ~. 1 . ..þ / ;;:://' BABCOCK. LOCHER. NEILSON & MANNELLA ATTORNEYS AT LAW 118 EAHT MAIN STREET ANORA. MINNESOTA G5303 EDMUND P. BABCOCK TEL. 421-5151 LANDOL J. LOCHER AREA CODE 612 JAMES M. NEILSON FELIX A. MANNELLA JOHN R. SPEAKMAN RICHARD BEENS ROBERT F. MANNELLA JOHN M. BURKE WILLIAM G. HA WIUNS RONALD B. PETERSON JAN D. HALVERSON May 8, 1974 Otto Schmid NASON WEHRMAN CHAPMAN ASSOCIATES, INC. 1415 Lilac Drive Minneapolis, Minnesota 55422 Dear Mr. Schmid: The Grow Township Board has requested that I write to you in an effort to resolve the balance due on our account with your firm for work performed as a result of our incorporation activities. In order to prevent any misunderstanding as to the Township's position in this matter, I will set out in detail the facts, letters and discussions upon which we base our proposal for settlement. If there is any misunderstanding on our part and you feel the need to provide us with more explanation, I certainly would be available to meet with you or any other members of your firm in an effort to resolve this matter. On February 17, 1973, the Township of Grow entered into a Contract with your firm whereby you agreed to provide us with certain technical advice and assistance in connection with the undertakings by the Township relating to community planning. At the time this agreement was entered into, it was known by all parties involved that Grow Township had filed a Petition for Incorporation and, therefore, such activities would be a part of our community planning. Specific reference was made in the Contract concerning your firm's participation in the incorporation activites. Under Exhibit A, there is a statement that "appearances will be made before the Minnesota Municipal Commission as requested. " Secondly, under Exhibit B of the Contract there is a statement that "completion of Stage I and Stage II activities will constitute documentation necessary for incorporation activities or viable alternatives. " Finally, there is a provision in the Contract that the study program will be performed over a twelve month period and will involve two monthly meetings with the communities' officials and citizenry. It is these specific provisions of the Contract that I feel are controlling in this situation. May 8, 1974 Page 2 On September 11, 1973, you wrote a letter to our then Town Board Chairman, Lawrence B. Carlson, stating that "due to the nature of the planning study, we do not wish to use time allotted in that program for additional services relating to the MMC Hearings over and above what the Contract calls for." "For this purpose, I am asking the Grow Town Board authorize us to assist your legal staff, as they may see fit, in preparing exhibits, documents, and providing testimony." Furthermore, in this letter you indicated that at that time you had approximately $415.00 in planner's time expended in items not covered by the planning contract and estimated as a minimum, another 20 to 30 hours being expended through the hearing date. Based upon your billing rate which you indicate in your letter of January 29, 1974, as being $20.00 per hour, this estimate would have resulted in a cost to the Township outside the original Contract of approximately $1,000.00. In an effort to obtain an explanation as to why the current bill submitted by your firm for matters of incorporation was approximately $2,300.00, the Town Board met with you on several occasions to discuss this matter. At these meetings and in subsequent letters, you set out the matters and time spent which constituted the bill for $2,300.00. I make reference to the itemized time breakdown that you submitted on January 8th as well as the chronological breakdown of all meetings attended by Mr. Steven Reckers and yourself in regard to our incorporation activities. In your itemized time breakdown, there appears to be a number of hours expended by office assistants and technical personnel for typing, drafting of exhibits and data collection. It is the position of Grow Township that such technical and office assistants' work is covered under the initial planning contract whereby you indicated all documentation necessary for incorporation activities would be provided. The data, maps and exhibits that were presented at the MMC Hearings appear to be essentially the same items that were to be provided under the Stage I and Stage II phases of the Contract. Next, I would like to focus on the meetings which Mr. Reckers and you attended in regard to our incorporation activities. My examination centers around your letter of January 29, 1974, which specifically indicates all of the meetings attended. I am referring to this letter as opposed to the general itemized time breakdown submitted on January 8th since there seems to be some discrepancy between the number of hours listed on the original itemized time breakdown submitted to the Board and those in your letter of January 29, 1974. It is the feeling of the Town Board that there are several meetings which Mr. Reckers and you attended that were either covered under the Contract or the time which was charged to the Township was not justified. ---_.- -._---- May 8, 1974 Page 3 In your letter of January 29, you indicate attendance at Grow Planning Commission Meetings on October 2, November 6 and December 18, 1973. Our records indicate that during the months of October, November and December of 1973, you attendea two meetings each month as required under the Contract. However, dates of the meetings attended under the Contract and those billed separately are the same and, therefore, the Township feels this duplication should not be included in the bill. On October 26, 1973, you indicate attendance at an interview with the Anoka County Assessor and at the Ramsey Incorporation hearing by Mr. Reckers and you resulting in twelve hours of time. The Board feels that it would have only been necessary for one planner to attend these meetings. The Township certainly can understand your need to be aware of the incorporation activities of Ramsey since they were directly related to our MMC Hearings, however, we question the necessity of having two planners present. Finally, on December 19 and January 28, 1974, there is a bill for attendance at MMC Hearings which appear to be clearly covered by the original Contract provisions. Therefore, excluding the hours spent on documentation and meetings required under the Contract, there would be a total of 46 hours remaining. At your quoted rate of $20.00 per hour, this would total the sum of $920.00. In addition, you have indicated expenses of $311.00 consisting of mileage, prints, xerox, meals, et cetera. It is the Township's feeling that items such as prints and xerox costs would be included under the documentation provision of the Contract. Since we have no basis to determine what other expenses were involved a figure of $80.00 was arbitrarily picked for mileage incurred as a result of attendance at meetings. It is upon this analysis of the above information that the Township feels it is responsible to your firm for the amount of $1,000.00 outside the original Contract price. As I indicated at the outset of my letter, I would be willing to meet with you or any other representative of your office if you feel this is necessary to discuss this further. Should you have any questions, please feel free to contact me. Sincerely, >J"lk1'v h'0 .1:J i-/~j~~ William G. Hawkins Grow Township Attorney WGH/j j cc: Marvin Christenson Richard Schneider Winslow Holasek Lawrence B. Carlson