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HomeMy WebLinkAboutCC 11-01-1988 r . MINUTES OF THE ARDEN HILLS CLOSED COUNCIL MEETING Tuesday, November 1, 1988, 4:30 p.m. - Village Hall ~ CALL TO ORDER Pursuant to due call and notice thereof, Acting llayor Hansen called the meeting to order at 4:30 p.m. ROLL CALL The roll being called the following members were present: Acting Mayor Nancy Hansen, Councilmembers Gary Peck and . Jeanne Winiecki. Absent: Mayor Robert Woodburn and Councilmember Thomas Sather. Also present were Attorney James Lynden, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. KEM MILLING Attorney Lynden reported to Council on the Kem Milling LITIGATION lawsuit and discussions with representatives of the Darling Company regarding this matter. Lynden advised Kem Milling representatives had expressed concern relative to statements from Councilmembers which were printed in the New Brighton Bulletin. He explained closed meeting discussions must remain confidential in order to adhere to the strict letter of the law and not breech the attorney/client privilege; he cautioned the Council not to discuss any matters reviewed in a closed meeting with members of the press. Lynden stated all issues in the lawsuit against Kem Milling are resolvable by the MPCA and Kem Milling can argue that we haven't exhausted our administrative remedies, or there is a proceeding against the MPCA, and the lawsuit is not timely and should be dismissed. He explained that Kem Milling could claim the City is bringing the lawsuit against the plant only due to the fact the City wishes to purchase the property. Lynden reviewed State Statutes which could oe ,. utilized by the plant. The Attorney reported that the MPCA has discussed taking a more active role to bring the plant into compliance. Lynden suggested Council consider holding the lawsuit in abeyance at this time and offered the following rationale: -It would enable Lynden to enter negotiations with Kem Milling to purchase the property. -It would prohibit Kem Milling from recovering attorneys fees in the event the City is charged with bringing a "bad faith" claim. -All issues could be muted by MPCA enforcement. -The MPCA has drastically changed its position regarding requiring incineration at the facility; Lynden stated it was his opinion this is due to Inspector McGinley's involvement. The Attorney explained that although the statements in the newspaper could have caused negative results, they have actually worked in a positive vein to show Kem Milling the City is willing to take any action necessary to bring the plant into compliance. . There was discussion regarding Council authorizing the Attorney to enter negotiations with Kem Milling for the City to purchase the plant. Lynden stated in checking with the Ramsey County Assessor's office the Clerk Administrator had found that Kem Milling purchased the property for $250,000.00. In talking with representatives of the plant, Lynden advised they had indicated the plant on the market in the price range of $350,000.00 to $500,000.00. The attorney for Kem Milling advised Lynden the plant was purchased for one million dollars; Lynden has requested the Kem Milling attorney provide proof the plant was purchased for that amount. Lynden requested Council consider holding the Kem Milling lawsuit in abeyance, authorizing him to enter into negotiations for purchase of the plant and set perimeters for monetary amounts the Council would consider as reasonable monies to be spent to purchase the facility. There was Council discussion regarding how the expenditure would be funded and if grant monies could be utilized to purchase the facility; Lynden stated the purchase agreement could stipulate the sale is contingent upon grant monies being received by the City. - . -Minutes of the Arden Hills Council Closed Meeting, November 1, 1988 . Page 2 KEN MILLING (Cont'd) Peck moved, seconded by Winiecki, to direct Attorney Lynden to hold the Kem Milling lawsuit in abeyance and that Council will consider reinstatement of such action on a meeting-by-meeting basis. Motion carried unanimously. (3-0) . Peck moved, seconded by Winiecki, that Council authorize Attorney Lynden to negotiate the purchase of the Kem Milling property and that the Attorney not exceed the amount of $350,000.00. Motion carried unanimously. (3-0) Peck stated it is understood any agreement between Attorney Lynden and Kem Milling representatives toward purchase of the property would be brought before Council for review and approval. ROAD SIGNS Acting Mayor Hansen questioned if the City would be held responsible for improper or lack of signage if a major accident occurs at an intersection not marked "blind intersection". Attorney Lynden advised if it is prudent to put signage at the intersection to discourage speed the City should do so. REQ. TO ESTABLISH Council was referred to information from the Clerk ADMIN SEC POSITION Administrator relative to the establishment of an & SALARY SCHEDULE Administrative Secretary position and a salary schedule for the position. . Berger advised he had reviewed the 1988 Stanton Survey for comparable positions in other cities with similar population. He explained the job involves duties which are more closely related to an "executive secretary" description rather than a "stenographic" position description. Berger explained there was approximately $1.25 per hour discrepancy in the salaries for the positions. He stated his rationale for presenting this information is that the existing position in the City Arden Hills is similar in nature to an "administrative secretary"; the salary range outlined would attract more qualified applicants for the position. Council questioned where the monies would be found in the 1989 budget. Berger advised he would have to amend the budget to find"the funds necessary to cover the extra costs. Council discussed whether or not the position should be upgraded and the difference in persons who filled the position; Hansen favored the idea of hiring a person capable of fulfilling all the requirements of the position. There was discussion as to whether or not the part-time receptionist would be . willing to work more hours and accept more responsibility and if working extra hours would help alleviate the staffing problems. Berger stated that the receptionist would be willing to work more hours if compensation at a higher salary were offered, however, she would not be qualified to perform the administrative secretarial duties. He explained the receptionist is excellent in dealing with the public. accounting and organizing permits, licenses etc. Council concluded there are three options: -Do nothing and the position/salary remain as they are. -Approve the position and salary schedule and find the funds necessary to amend the budget. -Increase the receptionist time and salary and amend the budget. Winiecki suggested advertising for an intermediate secretary. Council questioned how many hours the receptionist could be increased prior to offering benefits for the position; Berger advised he would review the ordinance. . There was discussion relative to the receptionist relieving the Senior Accountant from some of her duties. r. ,Minutes of the Arden Hills Council Closed Meeting, November 1, 1988 Page 3 . . SECRETARY (Cont'd) Deputy Clerk lago explained that each of the staff positions in the city should have more than one person trained to perform the duties; currently there is no "back-up" of relief person for any of the positions. . Council concurred to direct Berger to draft a proposal indicating: -The number of hours the receptionist position should be increased. -If the receptionist would be willing to work additional hours. -How many additional hours could be added before the receptionist position receivea benefita. -How the budget could be amended to fund the additional hours. Hansen favored the Administrative Secretary position; she noted the City is growing, Council has made more demands on staff by initiating projects and additional projects are pending in the future that will require a higher level of administrative detail. Winiecki spoke against creating the position of Administrative Secretary; she preferred advertising for an intermediate secretarial position. Iago explained an intermediate secretarial position would require a higher degree of supervision and the administrative secretarial position would create a position whereby the qualified applicant could work independently and with minimal aupervision. . Peck moved, seconded by Winiecki, that Council eliminate the existing ataff poaition of Senior Stenographer. Motion carried unanimously. (3-0) Peck moved, seconded by Hansen, that Council approve the creation of a new staff poaition to be titled "Administrative Secretary" and approve the job description and salary schedule as prepared by the Clerk Administrator and attached. Motion carried. (Peck and Hansen voting in favor; Winiecki opposed) (2-1) Peck moved, seconded by Hansen, that Council authorize the Clerk Administrator to advertise for the position of Administrative Secretary at the established salary range of $8.96 to $11.20 per hour, with the starting salary for the position to be set at $8.96 per hour. Motion carried unanimously. (3-0) Peck moved, seconded by Winiecki, that the Clerk Administrator review the 1989 budget and, to the extent possible, outline where the funds will be transferred within the budget to pay the additional hourly wage for the administrative secretary position. Motion carried unanimously. (3-0) Council concurred to direct the Clerk Administrator to review staffing needs, . determine if the receptionist position should be made full-time and what additional responsibilities would be included in the position. It was suggested the budget be reviewed to determine funding and budget amendments to cover the expense of the staffing proposals. ADJOURNMENT Peck moved, seconded by Winiecki, that the meeting be adjourned at 6:10 p.m. Gary R. Berger Nancy K. Hansen Clerk Administrator Acting Mayor .