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HomeMy WebLinkAboutSP March 2, 1978 ~ 01 ANDOVER SPECIAL CITY COUNCIL MEETING - MARCH 2, 1978 MINUTES A Sneci~l Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl ... on March 2, 1978, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NIf, for the purpose of interviewing applicants for appointment to the Andover Planning and Zoning Commission ~nd the Andover Park/Recreation Commission plus discussion on items remaining from previous ~gendas. Councilpersons present: Lachinski, McClure, Orttel, Vanderlaan Councilpersons absent: None Also present: City Clerk, p. K. Lindquist ~nd interested residents A~enda Anproval MOTION by McClure, Seconded by Orttel, that the Agenda material be approved with the alterations as noted: Item 13, Newsletter approval; Item 14, Custom Electronics; Item 15, Thureton Resignation; Item 16, CETA Funding; Item 17, Approval of Minutes; and Item 18, Adjournment. Motion carried unanimously. Plannin~ ~nd Zonin~ Commission Interviews Applicant George Hamilton was interviewed and was asked the questions alternately by Council- persons th~t were previously prepared by staff. In addition, other questions relative to individual work, municipal experience, and the desirability to serve on the Commission were asked. Park ~nd Recreation Commission Interviews Applic~nts Gary Anderson and Alysia Kempa were scheduled for interviews commencing at 7:45 p.m. and allowing 15 minutes per interview; however, Alysia Kempa did not arrive for the interview. Mr. Anderson was asked questions alternately by Councilpersons that were previously prepared by staff, plus other questions relative to individual work, municipal experience, and the desirability to serve on the Commission. Appointments to Commissions It was noted that in addition to George Hamilton, Walter Dick, interviewed for Planning and Zoning in December, 1977, was also eligible for appointment. The appointment on the P & Z is one three-year term. Discussion was also on the number of positions to be filled on the Park Commission. The Clerk stated there are three openings on the Park Board; the first appointment should be for a three-year term. MOTION by Lachinski, to appoint Walter Dick to the Planning and Zoning Commission for a three-year term expiring December 31, 1980. Motion dies for lack of a second. MOTION by Vanderlaan, Seconded by Lachinski, that the City Council appoint George Hamilton to a three-year term to the Planning and Zoning Commission ending December 31, 1980. Motion carried unanimously. MOTION by Lachinski, Seconded by Orttel, to appoint Gary Anderson to the Park and Recreation Commission for a three-year term to expire December 31, 1980. Motion carried unanimously. Public Hearing - Junkyard License Applicants Testimony was open at 8:25 p.m. to applicants as to why they are requesting an extension of time to comply with the Junkyard Ordinance. Special City Cðuncil Meeting March 2, 197R - Minutes ~~2 (Public Hearing - Junkyard License Applicants, Cðntinued) Bob Pears, Bob's Auto Parts, 1950 Bunker Lake Boulevard - noted they have been doing a lðt ðf wðrk ðn the fence and have planted all the trees in the area. He felt it was to his advantage to have the fence up. It hadn't been done prior mainly because it is in a low, swampy area which needs to be filled first. He alsð felt his place was looking as nice ðr nicer than mðst ðf the others along the road. Mr. Pears has three businesses in the area; ðnly two of them running the auto parts. Andover Autð Parts was issued a Junk- yard License. Mayðr Windschitl reviewed Mr, Thurston's document noting the violations ðf Bob's Auto Parts: install required fence on the West and on the East Side. Mr. Pears noted the new building has taken up as much as or more than the fence on the east side. Approximately 15 feet is now missing between the building and the property line after the gate is put in, He felt he could have all the fence up with possibly the exception of the far back by the First of July, 197R, Most of the material is purchased with the exception of the sheet metal. Mr. Pears added that when first coming to the City ofAndðver he was aware of the Ordinances, Money was limited, but he informed the Council then that in the time and money permitting, he would comply with the Ordinance. He questioned why one or two people comply when others are so lax in doing so, and stated he will comply as this is his livelihood. Mayor Windschitl noted it is the ~ouncil's intent to try to accomplish compliance by everyone, Mayor Windschitl noted the violations of the Ordinance of Cal's Auto Parts: fence of approximately 200 feet north of Bunker Lake Boulevard consisting of vertical galvanized panels on a post and beam framework; the west roo feet has not been installed: junk cars are visible from the street; new fence being installed approximately 75 feet north of Bunker Lake Boulevard; unable to determine if the fence is 8 feet high as measured from the center of the road: no side fences installed; no trees installed. Mrs, Calvin Jellison,,,Cal's Auto Parts, 1656 Bunker Lake Boulevard _ stated the boards on the front fence are 8 feet tall with about a I-foot clearance above the ground for wind resistance and are at the same height as the road. She felt that by the end of the summer they could get the side and the front fences constructed,. They have the materials for the side and they have the fill. She asked if the fences have to be solid or Can they be a chain-link fence. They had planted norway pine trees in the front but had trouble with gophers killing most of them, She stated they cðuld plant a few trees in front of the existing fence, Mayor Windschitl read the Ordinance regarding the type of fence needed, the intent being that one cannot see through it. He also noted those appearing this evening will be notified of the Council's decisiðn, Discussion was then on what Council action is needed at this time as the Ordinance does not speak to granting a temporary license contingent upon Ordinance compliance: that prosecution is not in progress on these two yards: and the Ordinance speaks to establishing the legal right of the Council to deny the issuance of a Junkyard License to these establishments. The Clerk stated then a motion is needed to direct the applicant to reapply for a license ðn June 30, in Mr, Pear's case, which wðuld be considered at that time as to whether or not he is in compliance or whether he shðuld be prosecuted at that time for operating with- out a license, Discussion was also on the pðssibility of holding Council decision until the Attorney can review and interpret the Ordinance. MOTION by Lachinski to refer all of the Junkyard applications that are non-comforming to the City Attorney for prosecution. Motion dies for lack of a second. MOTION by Vanderlaan, Seconded by McClure, that the City Council direct the City Clerk to refer to the City Attorney fðr advise on dealing with Findings of Fact, the Public Hearing held on March 2, 1978, as to prqœr legal action for Bob's Auto Parts, Inc., and Calvin Jellison doing business as Anoka Auto Wrecking. Motion carried unanimously. Recess at 9:00: reconvene at 9:13 p,m, Speoial City Counoil Meeting Maroh 2, 1978 - Minutes Pa~e 3 Attorney Disoussion and Seleo~ion There was a very lengthy disoussion as to what position the City should take regarding a City Attorney. Disoussion centered around the options available to the City as presented by Mayor Windschitl: 1) Keeping the Babcock, Locher firm to do all the City's work; 2) Keeping Babcook, Locher to do the new work and to have Mr. Hawkin's firm do whatever he is involved in; 3) Hiring the firm of Burke and Hawkins; and 4) Advertising for a City Attorney as a number of neighboring muncipalities have done. Discussion was on the additional cost to the City for attorneys fees to review ligitation when one is not familiar with previous City operations; examining what is wrong and why we would want to ohange lawfirms; and price as bid is not always your best buy as some people are more effioient in the work that they do. The Clerk noted the 1976 court fines -- we gained '4,947 and paid off ~4,636; in 1977 we paid out '4,480 and took in 59,000. She noted the City has not received a statement from Babcock, Locher in over a month and a half; therefore the City does not know if it is being charged for the time it takes attorneys in the firm to familiarize themselves with oases in the City of Andover, which would be paying for duplication of servioes. MOTION by Lachinski, Seconded by Orttel, that the City of Andover request proposals for City Attorneys; and direot the City Clerk to prepare an advertisement for same, particularly to indicate that interviews will be held within 30 days of date of pUblication in the AnoRa Union, by April 1, 1978. Discussion: Counoilperson Lachinski felt it Should be advertised twice; the last advertisement would be by April 1; interviews to be held within 30 days. Counoilperson VanderLaan felt the decision to change law firms is being done too hastily in light of the reorganization of the staff causing more disruption in services. She noted we do have people who are familiar with the City geographically and with the past history, oiting the complexity of oases such as Cedar Crest and the Junkyards -- and it has to be considered that Mr. Hawkins and Mr. Burke are very familiar with things in the City. She felt the action proposed would be very careless on the part of the City Council. Councilperson Laohinski felt we could be looking for new business, but agreed something must be done in the meantime. VOTE ON MOTION: YES-Lachinski, Orttel, Windschta; NO-McClure, VanderLaan Motion carried. Discussion was on the fact that the City should not be paying double costs for the law firm of Babcock, Locher to familiarize themselves with City of Andover matters that Mr. Hawkins had already done for the City; that by going to a completely new lawfirm there will almost certainly be duplication of costs involved to research individual cases; on the situations pending that Mr. Hawkins was involved with; and on the feasibility of having Mr. Hawkins oomplete these caSes and having the lawfirm of Babcock, Locher do all new business within the City. The Clerk explained she has spent numerous hours talking with the Baboook, Looher firm to familiarize them with partioular oases, whioh would mean spending all this time over again should another lawfirm be hired after the applioants are interviewed. MOTION by VanderLaan that the City of Andover hire the firm of Burke and Hawkins as City Attorney for all legal matters for the City of Andover. Mayor Windschitl stated the motion is out of order beoause there should be a motion to terminate the services of the firm of Babcock, Looher prior to this one. Councilperson VanderLaan appealed a ruling to the Chair. The ruling was denied. MOTION by VanderLaan, Seconded by McClure, that the City Council hire the firm of Burke and Hawkins as City Attorney for all legal matters for the City of Andover and that present agreements with the firm of Babcock, Locher be terminated. Discussion: Councilperson VanderLaan noted the first motion supersedes. We have someone here who is familiar with our situation and the reasons for hiring the firm of Burke and Hawkins are: That Special City Council Meeting March 2, 1978 - Minutes Page 4 (Attorney Discussion and Selection, Continued) continunity of all legal matters for the City is uppermost for economic and legal reasons; and that Bill Hawkins and John Burke as members of Babcock, Locher were most familiar with on-going legal matters in the City as it was those two attorneys who deal with primarily the lawsuits in the City regarding platting, sanitary sewer easement hearings, junkyard ordinance enforcements, and land acquisitions for the storm sewer and MSAH projects; and that Council wishes to avoid any duplication of costs and wishes to draw on the expertise of those persons who have dealt with personally with those..legal matters before the City. (It was Mayor Windschitl who requested the reasons be stated why the firm of Burke and Hawkins should be hired.) Mayor Windschitl felt we are selecting a new law firm without advertising ahead, and we haven't looked at all facets of the law firm, such as what expertise in dealing with real estate does this firm have. He would like to find a law firm that would serve the City of Andover most efficiently, which could be found through the advertising procedure. He felt this is hiring a new law firm and getting rid Of an old one without going through any type of formal review of the qualifications of the law firm. Jeannine Pvron - couldn't believe the City Council would go on the assuM?tion that because Mr. Hawkins has familiarity that that breeds the best job. She felt that was a very weak basis on which to go with that law firm. She personally felt she håd not seen }~. Hawkins protray any real legal profesèionalism in his actions at City Council meetings. Until the City finds out whether or not there will be additional costs to the Babcock, Loder firm for review and updating, Councilperson Lachirski saw no reason to terminate the Babcock, Locher firm. Councilperson McClure noted the City has never reprimanded Mr. Hawkins for doing an undesirable job; therefore, the lack of that, in his mind, is a total acceptance as jOb well done. If Mr. Hawkins had been doing an acceptable job, why maintain a given law firm and switch individuals? Discussion continued on the difference in handling City business through Mr. Babcock, who at this time is not totally familiar with City issues, and through Mr. Hawkins, who is familiar with the City but who no longer has the expertise of a large law firm to back him up. Councilperson Vanderlaan called for a vote on her motion. Councilnerson Orttel noted that in the City of Ham Lake, a part of the reason they are saving Attorney costs is that they are having the Attorney make decisions at their Council meetings when he would otherwise be sitting there idle. He also felt that in sornecases it would be difficult to go to court learning all information second-hand. He felt the same thing could be accomplished by assuming that our law firm, for normal purposes, is Babcock, Locher, but realize that the Attorney who has been doing all the work for us in the past is Bill Hawkins and that he should finish the work that he has started in the City. VOTE ON MOTION: YES-McClure, Vanderlaan; NO-Lachinski, Orttel, Windschitl Motion defeated. MOTION by Windschitl, Seconded by LachinSki, that the following le1l'l work which was started by Bill Hawkins be referred to him and be completed: Winslow Holasek Lawsuit; Myron Roseland case; Easement acquisitions in the 1977-1 Improvement Project; to direct the Clerk to investigate the Caswell appeal of assessment to determine if Mr. Hawkins is involved with it -- if so, he would complete that project; to provide any request and advice for the Cedar Crest Fourth Addition matter; Junkyard prosecution; and other matters that Mr. Hawkins had started on that the Clerk deems necessary for him to complete. Discussìn: Councilperson McClure felt very uncomfortable if and when the time comes that we have two different legal minds interpreting a given Ordinance. VOTE ON MOTION: YES-Lachinski, Orttel, Windschitl; NO-McClure, Vanderlaan Motion carried. Special City Council Meeting March 2, 1978 - Minutes Page 5 (Attorney Discussion and Selection, Continued) Councilperson VanderLaan - I find it highly inefficient to employ the two law firms at this time. Mayor Windschitl - In my opinion, the employment of Mr. Hawkins to finish out the work that is listed is the most efficient manner for the City to proceed in this matter as he is familiar with the items and should reduce the start-up costs in the continuing prosecution or resolution of these items. Councilperson Lachinski _ I voted in the affirmative because Mr. Hawkins has first-hand information on those issues, and any other Attorney would have to come by the information second_handed. BUdget Approval MOTION by Orttel, Seconded by VanderLaan, that the 1978 Budget be Amended: Expenditures, Section 409.10 be changed from 83,300 to i4,OOO; thereby change the Budget Summary to read as follows: Total Revenues, $446,042; Total Expenditures, $440,497; The Balance, $5,545; Contingency Fund, 84,000; Estimated Surplus, $1,545. After discussion, Councilperson Orttel CHANGED FIGURES TO: Total Revenue, $446,042; Total Expenditures, $439,827; Balance, $6,215; with $4,000 for Contingency Fund; Estimated Surplus, $2,215. Councilperson Lachinski seconded the change. VOTE ON MOTION: YES-Lachinski, Orttel, VanderLaan; NO-Windschitl; PRESENT-McClure. Motion carried. Committee Chairmen Mayor Windschitl recommended Bruce Lindberg as Chairman of the Crime Prevention Committee as he is willing to serve in that position, MOTION by VanderLaan, Seconded by Windschitl, to appoint Bruce Lindberg as Chairman of the Crime Prevention Committee. Motion carried unanimously, i Mayor Windschitl noted Lyle Bradley would be willing to be Chairman of the Historical Committee until such time as someone on the Committee wonld be willing to take it over. MOTION by VanderLaan, Seconded by Windschitl, to appoint Lyle Bradley as Chairman of the Historical Committee. Motion carried unanimously. Mayor Windschtil stated that with the resignation of Jerry Lapham, David Sinclair, and Lloyd Reiman from the Capital Improvements Committee, he is recommending replacements by Larry Retzlaff, Glen Rogers as liason from the Road Improvement Committee, and Pat Lindquist, There was a lengthy discussion as to whether Ms, Lindquist would be serving as a resident on this Committee or serving in the capacity as City Staff member; on whether this would be a :conflict in her duties; and since this is a Citizen Advisory Committee, possibly she should be acting as a consultant basis as Clerk/Treasurer to the City, Councilperson VanderLaan felt it was a questionabLe circumstance to place a staff member as a working member of a Committee when we have them in an advisory capacity, MOTION by Lachinski, Seconded by McClure, that we approve the appointment of Larry Retzlaff, Pat Lindquist, and Glen Rogers to the Capital Improvements Committee, AMENDMENT TO MOTION by VanderLaan that Pat Lindquist be placed on that Committee in the capacity of a consultant staff member with full benefits and powers in the position that she is employed in the City. Amendment dies for lack of a second, Dtscussion continued on the desirability of having Ms. Lindquist at these meetings, the Question being whether she would be acting as a resident or as a consultant staff member, Ms. Lindquist stated she would be happy to serve on the Committee, but she felt she would have to serve as a staff person, not as a resident, .. . . Z~ecial City Council Meeting March 2, 1978 - Minutes Pa~e h (Committee Chairmen, CIP appointment, Continued) VOTE ON MOTION: YES-Lachinski, McClure, Windschitl; NO-Orttel, Vanderlaan Motion carried. Councilperson Vanderlaan - My position is as stated in my attempt at an amendment. Mayor Windschitl then recommended Ms. Linquist to become chairperson of the Capital Im- provements Committee. MOTION by LachinSki, Seconded by Windschitl, to approve the appointment of Pat Lindquist to Chair the Capital Improvements Committee. Discussion: Councilperson Orttel felt it is not fair to put her in that position in that she is acting as a staff person while on that Committee. Discussion was sgain."on'MS. 'Lindquist acting as a resident or a staff member while serving on this Committee and on a pæsible conflict of interest. Council- person Vanderlaan noted that if Ms. Lindquist acts as a resident on the Committee, she receives none of the benefits of a City Staff member. Mayor Windschitl and Councilperson Lachinski withdrew the Second and the Motion. Mayor Windschitl asked Councilperson Orttel if he would be willing to Chair the Committee. Council person Orttel stated he doesn't care for Councilpersons to Chair these Committees; but he would accept the Chairmanship until :such time as someone else from the Committee would be willin~ to Berve in that position. MOTION by Lachinski, Seconded by McClure, to approve the appointment of Ken Orttel to the Capital Improvements Committee as Chairman. VOTE ON MOTION: YES-Lachinski, McClure, Vanderlaan, Windschitl; PRESENT-Orttel Motion carried. Landfill Discussion Mayor Windschitl stated we have received none of the information requested from Melron, Inc., and he felt the PCA will be looking for some difinitive statement as to what we want to do with the matter. He noted the landfill has been shut down at least twice, and they have had some difficulty with waste that was dumped there that they were forced to take back out. Also, they weren't covering, so the County shut them down. The Clerk explained they did have a dynamiting permit issued by the Sheriff's office, which is still being investi~ated as the permit is very, very vague. There are also many other issues involved with the landfill at the present time -- the PCA permit, Roth's meeting with the City which he will not present the materials requested, and some 16 individual viòlations listed at the County. MOTION by Lachinski, Seconded by Windschitl, to direct the City Clerk to prepare a letter, with copies to Bob Hutchinson and Ed Fields, Anoka County, to PCA to deny the addendum as Melron, Inc., has not complied with requests of the City for materials to continue negotiations on the matter. Discussion: Councilperson Lachinski felt in addition we should indicate our dissatisfaction with the operation and request that they deny any continuance of operation. Councilperson Lachinski ADDED TO MOTION: To direct the Clerk to prepare a letter to Mr. Hutchinson indicating that we have denied the addendum for the following reasons and that we respectfully rsquest that they do not issue any permit to operate that landfill. Second still stands. Motion carried unanimously. Horsemen's Council The Clerk stated there will be forms that the Horsemen's Council will fill out after they have answered a complaint, and a letter is required to be sent to the owner. The Council will be receiving copies of the letters sent and the completed form on each complaint from the Horsemen's Council. Special City Council Meeting March 2, 1978 - Minutes Page 7 Meeting Dates - Midwest Planning Councilmembers signed up for a time to meet with Midwest Planning Consultant regarding the updating of the City's Comprehensive Plan. The Clerk noted that Wes Mand, Chairman of the Park Board, requested the Council to set Monday, March 13, as the Public Hearing for the park/Recreation Commission regarding the Northwoods Tennis Courts, as he did not have a quorum at the Commission meeting this evening. The Council felt comfortable in Mr. Mand's capabilities as Chairman to call that Public Hearing. Newsletter Approval Ms. Lindauist read an article she will be furnishing the Committee for the Newsletter on taxes. Various other minor corrections were noted. Custom Electronics MOTION by Orttel, Seconded by McClure, to approve the settlement proposed in the letter from the"City Clerk in regards to Custom Electronics, that being a settlement of S165 from Mr. Hatfield and allow him to pick up his equipment. Motion carried unanimously. Thurston Resignation MOTION B~'McClure, Seconded by Orttel, That the City Council accept Mr. Thurston's letter of resignation effective March 23, 1978. Motion carried unanimously. MOTION by Windschitl, Seconded by Lachinski, that the City Clerk be directed to prepare a report as to the status of the assessing for the City of Andover and also to give her recommendations as to if we should hire someone to replace Mr. Thursto~ and if he should be replaced, her recommendations as to the skills and educational requirements. Discussion: In there it should be addressed whether the City should continue doing its own assessing. Motion carried unanimously. CETA Funding The Clerk reported she met with the County people yesterday morning. They have greatly liberalized their Special Projects Program, and they want to place people. She told the County we could use someone who could work on a signing program, mowing ditches, cutting brush, cleaning parks, building maintenance, etc.; and they said the CETA employees would be treated as a normal employee would. We are only committed through September 30; they will pay all costs including workmen's compensation and benefits plus an additional 10 percent for administrative costs which could go to buying small equipment or to reimburse a supervisor. Ms. Lindquist felt that for the summer some additional help will be needed, and she recommended a maximum of two peq!e. MOTION by Orttel, Seconded by McClure, that the Council direct the Clerk to negotiate with the County for the employing of two CETA people for Special Projects, at a salary not to exceed the reimbursable amount. Discussion: Councilperson Vanderlaan noted that the City does not authorize any expenditures from General Funds for any new additional equipment. Motion carried unanimously. MOTION by McClure, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 11:32 p.m. Respectfully submitted, . ~~~~ 44 a· '11?-ll Marce a A. Peach Recording Secretary .. . .