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HomeMy WebLinkAboutCC June 14, 1978 CITY of ANDOVER CONTINUED REGULAR MEETING - WEDNESDAY, JUNE 14 1. Call to Order - 7 :30 P. M. 2. Prairie Road Land Acquisition 3. Curb Cut Resolution 4. Cigarette License - Nemeth Grocery 5. Animal Control Contract 6. Planning and Zoning Commission a. Membership 7. Park/Recreation Commission a. Comprehensive Park Plan Revision b. Lease Hawk Ridge Park 8. Public Works Department Concept 8a. Bond Issue Discussion 9. Senior Public Works Person 10. Mileage Reimbursement II. City Assessor 12. City Attorney 13. Meeting Date w/County _ Round Lake Boulevard 14. Meeting Date w /Roth - Sanitary Landfill 15. Approval of Minutes 16. Approval of Claims All legal items (#2, #8, #8a, #12) could be discussed together at the beginning of the meeting, thereby, not requiring additional time for the attorney's attendance. · ~ 01 ANDOVER CO'TTIN1.ŒD REGULAR CITY cOUJ!Cn HEETDTG - JUNE 14, 1978 IlINUTES The Continued F'er,ular City Council Heetinr, of the Andover City Council was called to order by Hayor Jerry \'lindschi tl on June 14, 1978, 7:30 p..m., at the Andover City Hall, 1685 Crosstown Boulevard IrJ, Anoka, Hinnesota. Gouncilpersons present: T,achinski, HcClure, Orttel Councilperson absent: VanderLaan Also present: City Attorney, E. p. Babcock; City Clerk, p. K. Lindquist; Fire Chief Vie Evans; Road Improvement Committee nembers, Lloyd Reimann and Glen Rogers, and Bob Peach Ar;enda Approval HOTTOH by Orttel, Seconded by I.achinski, that the Agenda be approved as vITitten with the following changes: That Items 8; 8a; Sb, Bill from Legal Firm; and 8c, City Administratœ position, be placed as Items 3, 4, 5, and 6 on the Ar,enda and the rest of the Ar,enda continue as vœitten. Hotion carried unanimously. Prairie Road Jnnd Acauisition - laFramboise/Konen Attorney Babcock stated he has met with ~T. LaFromboise with respect to the parcel of land the City needs to acquire for easement for the new Prairie Road Bridge. !-T. La- Framboise is ankinr, ~2,OOO for .22 acres because of its access to Coon Creek and because of the number of trees on the parcel. The City's appraisal for the piece is 5220, based on 51,000 an acre. By la¡'I, a $300 appraisal fee can also be paid. Hr. I'.asma has counted the trees on the parcel and noted there is 1 -21f-inch elm, 8 4- to l2-inch elms, a box elder tree that has three shoots r,rowinr, in a clump, 2 6-inch box elders and 3 6-inch diseased elms, plus 12 dead trees. !-œ. Babcock has not made any other offer to ~~. LaFromboise other than the ~220; but it was his opinion, in light of the costs that would be incurred during condemnation proceedings possibly from $1,000 to $1,500, that the City offer some negotiated price for the parcel. Costs for land acquisition for this easement would come from the City's !EAH fund, whereas legal costs incurred would come from the City's general funds. Discussion was on the positive and negative aspects of offering more than the appraisal relative to the City's position in future negotiations for land acquisition, and on what figure would be reasonable for a counteroffer to !~. LaFromboise taking into consideration the $300 for appraisal fees plus additional compensation for the trees and the creek frontage. ~œ. Babcock stated that common sense seems to say that we try to settle this and suggested a possible amount of $220 for the land, 5300 appraisal fees, $150 for trees, and $150 for creek frontage, roundinr, it up to 5850. Hajority opinion was to make a counteroffer for the parcel and to begin condemnation proceedings if it is rejected. }IT. Babcock noted that any settlement offer made and re- jected would not be admissable in court. Hayor Windschitl felt it made no sense to hire an appraiser if the Council is going to be negotiating for acquisitions and noted that some municipalities when ever they ~ant to do an improvement, their first step is con- demnation. HOTION by Orttel, Seconded by McClure, that the Council direct the Clerk and Attorney to draft a Resolution showing that the City Council feels that because it is in the best interests of the City that they would allow the Attorney to negotiate with the owners of the property for the Prairie Road Bridge land up to 5900 for purchase of the land for which the bridge is to be located; this amount to include value of the land taking into consideration that the land is on the creek and talclng into account all the trees on the property and the appraiser's fee. Continued Regular City Council Heeting June 14, 1978 - Hinutes Page 2 (Prairie Road Land Acquisition - LaFromboise/Konen, Continued) VOTE ON NOTION: YES-Lachinski, HcClure, Orttel; NO-Windschi tl l~otion carried. HOTION by Lachinsld, Seconded by Orttel, introducing a Resolution relative to the conde~nation of property for the Prairie Bridge Project... Discussion: The fourth paragraph be reworded to: A!ID mIEREP.5, The City has offered to purchase such land from the ovmers at a price less than $2,000 deemed by the Council to be favorable but the ovmers have demanded 32,000.00; . . . Second still stands. (See Resolution R63-8) Motion carried unnnimously. Prairie Road Iønd Acquisition _ Winslow Holasek Councilperson Lachinski was in favor of offering Hr. !Iolasek a settlement for trees in an effort to resolve the issue and reco~mended several alternatives. Discussion was on the reasonable offer for the trees, on how this would affect negotiations for land acquisitions in the City in the future, on justifying it to those who have already settled on this project, and on what additional cost the City will incur to allow the matter to be settled in District Court. Mayor 11indschitl stated that everyone else on the project has settled at the $1,000 an acre figure and as far as we have gone on this case, we should simply allow the legal process to run its course; and if the Council feels r~. Allen1s appraisals have been incorrect, another appraiser should be employed for future projects. Councilnerson McClure has no problem differentiating this problem from that on the Prairie Road bridge because it is an entirely different project, but felt an offer has been made which should be abided by; and if mistalŒs vlere made, we should learn fro!1 then for future projects. HOTIm¡ by Lachinski, Seconded by Orttel, to offer Winslow Holasok on the Prairie Road project for acquisition of property in the a~ount of $6,810 for 6.81 acres; 5175 for temporary easement for 1.75 acres; and for 150 norway pines at $10 per tree; for 200 oaks at $5 per tree; and for 200 miscellaneous trees at 55 per tree, for a total amount of $10,735. VOTE 0'1 HOTION: YES-Lachinski, Orttel; ~m-HcClure, \7indschi tl I!otion defeated. Curb Cut Resolution HOTI01T by Orttel, Seconded by I!cClure, Amendment to Resolution R135-7, a Resolution adopting and establishing a policy for curb cuts in the City of Andover ... (see Resolution R64-8) Discussion: }~. Reimann questioned if there would be a time limit from receiving the permit to completion. He noted there is a house in Green Acres that has had sand piled up for about a year and it is washing down the streets and the gutters both ways are full of sand. The Clerk noted this permit will tie into the other permits given by the City relative to building the home and that the work must be completed before they will be issued a certificate of occupancy. The Clerk will also investigate the home Hr. ReiMann referred to. Hotion carried unanimously. Recess at 8:45; reconvene at 8:57 p.m. Bond Discussion Fire Chief Vie Evans stated that because of the concern over the total dollar a~ount being requested for the bond issue, he has looked at the areas within the Fire Department portion to see if there would be ways to reduce the cost. He folt that about 560,000 Continued Regular City Council Meeting June 14, 1978 - lIinutes Page 3 (Bond Discussion, Continued) could be reduced from the bond issue, making the Fire Department portion $370,000, by making drastic cuts on the square footage of the building by taking the equipment and storage area along the back side of the proposed fire station out, which a~ountG to about 1,000 square feet; by taking off ~1,000 for site preparation; and by taking about $9,400 off tbe eQuipment by eliminating those items which are not directly oriented towards fire extinquiGhin~. ge felt be could not com~ent on the building type (masonary vs. metal) as he is relyin~ on the engineer's recommendations; however, there is so~e concern about the strength of the building, as at the Severe Weather Seminar he attended concern was expressed over the severe weather expected in the next few years. Council discussion was on the new tanker along with the pumper being requested by the Fire Department -- its cost, need, and justification for a new tanker versus a used one; that the new tanker will have pumping capabilities and could then also be used as a first-line vehicle because it could be rated; also, in order to reduce the insurance rating within the City, the Fire Department must have a pumper capable of pumping 500 gallons per minute; the capacity of the tankers the Department already arms; and whether the building should be reduced in size because of the increase in construction costs every year. It was ar-reed that a new pumper would be needed, but concern was expressed over the need for a new tanker as well. lœ. Evans was asked to provide the Council with facts concerning the pumper and tanker and the equipment purposed to be put on them. Discussion was also on the proposcd pamphlet prepared by the Fire Department explaining the bond issue to the residents; that some hOMes in the community are already rated lower by their insurance com~any because of the Anoka address, although the City of Andover as a whole has an insurance ratinG of 10; and that it will bc at least one year after the bond issue is passed before the insurance ratin~ will be reduced. It was suggested that the paMþhlet steer avay from thû cost justification of the bond issue and make more of an argument on the intan~ible side -- net cost ueiched ap,ai~st the i~proved service, and the availability of service, public sa fe ty, increased security, etc. The pamphlet should also address the Qþeratinp' costs of the Department over the next year or more which wouH be offset by the Anoka contract, etc. , and should clarify the cost justification on a typical home worth ~50,000 (Hr. Evans re¡oorted the figures presented were on his own home) possibly statin~ something like: The following is an actual exaMple of a ~50,OOO ho~e in the City of Andover.. Then show how it will be affected by reduction in insurance costs offset by reduced rating. !rO'!'IClT by Orttel, Seconded by HcClure, that July 6, 7:30 p.m., be set as a special meeting for the City Council, the number one item to handle be the Fire Department/Public ITorks Bond Issue. Motion carried unaniMously. Rill from I,e eal Firm Reference the Clerk's letter of I!ay 4, 1978, to Mr. E. p. Babcock, re: Billings - Municipal Prosecutions (Feb. Har.). I·œ. Babcock agreed to drop the charges to the City on the following matters: 2-27-78 and 2-28-78, Roseland/Jenkauski; 3-6-78, 3-3-78, 3-8-78, 3-9-78, 3-10-78, 3-ll-78, 3-ll-78, and 3-28-78, Helberg; 3-8-78, Henkveld; 3-22-78 and 3-31-78, A tty Hiner. Hr. Babcock explained the ~10.50 charge on 3-28-78 to Berglund has to do with the special action taken in order to get the raw sewage stopped. I,œ. Berglund is the attorney for the feeowner, who is not consentin~ to the lien for the charge. These telephone con- versations and correspondence all relate to that matter. Continued Rer;ular City Council Heeting June 14, 1978 - Hinutes Page 4 (Bill from Legal Firm, Continued) Hr. Babcock 1,Ifill check the records, verify the following charges, and report back to the Council: 2-3-78, Conf/EPB; 3-3-78, Review Files; 3-7-78, Conf./THD; 2-27-78 and 2-28-78, Sakarison; and 2-15-78 and 2-8-78, Sandy HcDonald. ~œ. B~bcock also stated that with respect to telephone calls frOM Councilmembers ref,arding City matters, that if his firm is selected to represent the City, they will receive calls without any charge to the City. He also felt, in looking at the Attorney costs for the City from the firm for the last six months, that the City's annual attorney costs would be close to $15,000. He also expected that the bills will decrease for the last half of the year based on the fact that prosecution costs should be at a lower rate and that the volume should not be as high as the first half of the year. City Administrator TIosition Mayor Windschitl stated it has come to his attention that }~. Jim Nervig, vlho has been offered the position of City Administrator/Engineer, is not a registered enf,ineer, which is a requirement of the position. Several other applicants were not interviewed because they were not registered engineers. He asked the legal ramifications of the Council's actions. Council discussion was on lw. Nervig's letters to the City of June 2 and June 6, 1978, responding to tbe Council's offer and stating his terms for employment; on the events that have taken place \.ith respect to telephone conversations with Hr. Hervig by the Clerk and by Councilperson Lachinski; on the question of the salary of 524,500 for someone who is not a registered en~ineer; on the disadvantages of this individual not being able to sign the feasibility study if not a registered engineer, therefore, monies would still have to be paid to the consulting firm to do this; and on what course of action should be taken now. After researching the minutes, the Clerk read the April 4, 1978, minutes -- !lotion by VanderLaan to notify those applicants who are not Civi 1 Engineers that the Council will not be considering the~ at this time. I'~. Babcock noted that the"City has made an offer which has not been accepted as }~. Nervig has made a counteroffer asking for other benefits; and he advised that a possible course of action, if the City doesn't wish to accept the counteroffer, is to reject it and terminate negotiations. Discussion to be continued after Attorney Babcock has prepared a motion. Ci~arette License - 'i'remeth Grocery I·IOTIO'! by Orttel, Seconded by Lachinski, to approve the Cigarette License for Nemeth Grocery to expire Hay 31, 1979. Motion carried unanimously. Heetin~ Date with County - Round Lake Boulevard HOTION by Orttel, Seconded by Lachinski, that a meèting on the Round Lake Boulevard matter be held on July 13, 1978, 7:30 at the City Hall. Discussion: It was agreed that Hr. Fields from the County could meet with the Council on July 6 at 8 p.m. to discuss this prior to the scheduled meeting on July 13; the Clerk will pUblish the agenda for the 6th and advertise the meeting on the 13th. Notion carried unanimously. lIeetinr: Date with Roth - Sani tary TK~ndfill HOTIOH by Lachinski, Seconded by Orttel, to set the meeting with Roth on the Sanitary Landfill at 9 o'clock on July 13. Hotion carried unanimously. Continued Regular City Council Heeting June 14, 1978 - Hinutes Page 5 Ci ty Assessor ~byor ITindschitl explained the low bid is from !.~. Triggs, who has done the City Assessing in the past. !\ayor \'rindschitl stated there were only a few problems at the Board of Reviews by }IT. Triggs, but the principal disagreement with !~. Triggs that Mayor Windschitl had was that he worked on Sundays. But in general, his work was acceptable. The Clerk stated the only problem at the City Hall was that there was no one to answer phone calls and questions fnm individuals during the day. !·IOTION by HcClure, Seconded by Orttel, that the Council engage the services of !~. Charles Triggs for the assessing of Andover at a cost to the City of $6,800 total for the 1979 assessment; ~6,000 salary plus $800 expenses. Hotion carried unanimously. City Ad~inistrator þOGition. continued HOTTON by HcClure, Seconded by Windschitl, that the employment counteroffer set forth in the letter of Ja~es T. Nervig dated June 6, 1978, PE: His employment as City Engineer/ Administrator, be rejected for the following reasons: a) The City declines at this time to guarantee a 5 percent increase in salary after 12 months employment; b) The City declines at this time to guarantee a cost of livinr, increase in salary on January 1 of each year; c) The City declines to pay J~. !Tervig mileage allowances that do not conform to the City's mileage and transportation policies for City employees that are novI in effect. Also, the City declines to pay a flat monthly car allowance of 3100 per month starting in 1979; d) The City declines to grant ~~. Nervig a vacation that does not conform to the vacation policy presently in effect for City employees; That further negotiations for employment of James T. ITervig be terminated for the forec;oing reasons. Discussion: Councilperson wchinski felt the original offer made to him should stand -- that in the event Ik. Nervig is willinc; to accept the original terms as proposed at the June 1 Council meeting, that the offer is still open.'. He is opposed to the motion because the original offer is not left open and felt the reason it is not is because it has been discovered that he isnot a registered enGineer. Councilperson wchinski didn't feel that that is being fair. VOTE ON HOTIO'¡: YES-McClure, Orttel, Windschitl; ::O-Lachinski Hotion carried. ~T. Reimann asked if the Capital Improvement Committee approved their requests for a new truck and funds for road improvement, as they would like to begin work as soon as possible. Discussion was that there has been some confusion as to exactly what the Road Improvemed Committee is desiring as some changes have been made. Mayor Windschitl suggested the Committee provide a list of the improvements wanting to be done and put it on the Agenda for the Regular Council I!eeting iniJuly. City Attorne:r MOTION by Lachinski, Seconded by ITindschitl, that we retain the firm of Babcock, Locher, Neilson, Hannella as City Attorney in the City of Andover and to direct the Clerk to send letters to other applicants notifying them of this and thanking them for their participation in our efforts to obtain a City Attorney. Discussion: Councilperson art tel stated that Councilperson Vanderlaan hoped this would notibe decided in her absence as it is a major issue. He, too, felt the decision should be made with a full Council. Discussion was on the Council's opinions as to the desirable qualities of a law firm representing the City such as familiarity with the City, the ability to work with the Council, costs, legal expertise in certain ~atters, and the lecal resources available. I!ayor \'Jindschi tl and Councilperson Lachinski withdrew the Second and the I'!otion. - Continued Regular City Council Meeting June 14, 1978 - Minutes Page 6 (City Attorney, Continued) !!OTIm¡ by McClure, Seconded by Orttel, to schedule the subjct of City Attorney selection for the 18th of July. Hotion carried unanimously. Plannin~ and Zoninr; COMmission - f!eT:1bershi n MOTIOIT by Orttel, Seconded by Lachinski, that Mr. George Hamilton be removed from the Plannin~ and Zonin~ Conrnissirnfor nonattendance at consecutive meetings. Hotion carried unanir."JOusly. park/Pecreation Co~mission - TJ8ase Hawk Rid2;8 Park !~OTI01T by Orttel, Seconded by Lachinski, that the Clerk arrange with Mr. O. Varne Linton for the lease of Eawk Ridge parkland for the purposes of cutting the alfalfa hay, agree- ment to run until the end of the 197B haying season, .'for the amount of '3125 for the hayi~ season. Motion carried unanimously. Public ryorks Person Councilperson tachinski stated the Road Improvement Committee has found that there is enough money in the budr,et for this year to pay for a Senior Public \1orks person; and he felt that the entire Public r!orks concept needs to be looked at. Also, if such a person were hired, he hoped at least a used truck could be purchased for use. The Clerk ar,reed that there has to be SOMe assistance to Burton Kraabel in doing ~aintenance in the City, as he is not able to get the job done. Council discussion was that this person should be a þublic works ~aintenance person experienced in li~ht and heavy equipment operation uith so~e supervision capabilities or experience with the salary range being between ~12,OOO to ~15,OOO, depending on experience. !'OTIm¡ by Orttel, Seconded by I!cClure, that the Clerk be authorized to place an ad in the local papers seekin~ a!,plicatioYls for the position of Public ~':orkG person as described with the salary up to ~15,nnO per year based on experience. Hotion carried unaniMously. A.tmroval of ra.'3.ims H0~IO~T by lachinski, Seconded by Orttel, for approval of Checks 1818 through 1831 in the amount of ~lq,435.24; Check numbers 1832 through 1859 in the amount of 116,056.47 out of the General Fund; and out of tbe 1975-1 Improvement Project Fund, Check ¡Tumber 165 in the amount of ~8oo; from the 1976-1 Irn:provemen t Fund, Check Humber 221 in the amount of ~158.o8; and out of the 1977-1 Improvement Fund, Checks 222 through 224 in the amount of ~34,673.3l be approved. Notion carried unanimously. HOTIOn by Orttel, Seconded by HcClure, to adjourn. All in favor said aye. Heeting adjourned at 12:25 a.m. Respectfully submitted, c-c ..p . ...../~ '- '\- .-- ......- . , '., , . --- ... \\ ~\.J--.'.'~-~ c". r! f( 'G-- \ . Marcella A. Peach Recording Secretary