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HomeMy WebLinkAboutCC 05-15-1989 . .. . . . .. MINUTES OF THE ARDEN HILLS COUNCIL WORKSESSION MONDAY, MAY 15, 1989 - 4:30 P.M., CITY HALL CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 4:35 P.M. ROLL CALL The roll being called, the 'following members were present: Mayor Sather, Councilmembers Growe, Mahowald, and Malone. Councilmember Hansen arrived at 4:55 P.M. Also present: City Administrator Gary Berger. Labor Relations Consultant Karen Olsen, Public Works Supervisor Robert Raddatz and Administrative Secretary Mary Ann DeLaRosa. ADOPT AGENDA Mahowald moved, seconded by Malone to adopt the agenda as revised to reflect the personnel matter to be discussed. PERSONNEL Council discussed the matter of disposing of hazardous waste materials without the Hazardous Waste Materials license required by Ramsey County, and the resultant court citation. Public Works Supervisor Raddatz noted that the required form had been misplaced in his files, therefore he did not apply for the license. Council expressed concern over the fact that the citation had been issued on April 5 and that the Public Works Supervisor did not immediately inform them of the situation so that corrective action could have been taken at that time. After considerable discussion and concurrence by Labor Relations Consultant Olsen, Malone moved, seconded by Growe, to impose a three day suspension without pay, effective Tuesday, May 16, 1989, for Public Works Supervisor Robert Raddatz. Motion carried unanimously (5-0). The Council discussed the various personnel policies received from other cities. Mayor Sather suggested that New Brighton and Shoreview's policies were the best. He proposed that Administrator Berger and Labor Relations Consultant Olsen prepare a draft personnel ordinance for Arden Hills and come back in 30 days for review of the proposal. Mayor Sather also suggested that EEO/Affirmative Action and Sexual Harassment should be included in the draft personnel policy. PERSONNEL ORDINANCE Ms. Olsen noted that she had drafted the personnel policy for Shoreview in 1985 and acting City Attorney Jerry Filla had reviewed it then. She noted she will work to incorporate the City's needs and will be out of town for two weeks so will probably need six weeks to complete the draft ordinance. She suggested that Berger review the draft, she will add the legal updates and the City Attorney can then review the draft. Councilmember Mahowald felt an anti-nepotism policy might be important. Councilmember Hansen noted that Ms. Olsen should keep in mind the Council/ Clerk Administrator form of government and also stated she would be against an anti-nepotism policy. Council suggested that Ms. Olsen prepare the policy with options for the Council to choose on 10% of the ordinance. Mayor Sather felt this could be completely accomplished by Fall, 1989. Councilmember Growe suggested personal use of City equipment/tools, etc. should be included in the personnel ordinance. Council concurred and . .. . . . ,. May 15, 1989 Work Session - Page Two expressed concern over a possible liability issue if someone were hurt after hours on City Hall property. Karen Olsen recommended a personnel system and recommended that supervisory levels of authority be included in the personnel ordinance. She then distributed a list of supervisory functions listing who would be accountable for what. ATTORNEY INTERVIEWS Mayor Sather noted that he was looking for someone to "WOW" him, someone who he would really want to hire and that he would like to make a decision at this meeting, not narrow the seven candidates down to two or three and then try to decide from the top two or three. Mr. Frederic (Fritz) Knaak, Kathleen Rauenhorst and Steve Carlson were present for the first interview. Mr. Knaak noted that Arden Hills would be viewed as an outstanding client. He noted the firms's municipal experience in dealing with Newport and Lake Elmo, noted that he would be the primary attorney and that Ms. Rauenhorst or Mr. Carlson would be the backup attorney. Mr. Knaak has no conflict of interest and would be available for City Council meetings. He noted his greatest pride is working in the legal area, i.e., zoning and development law, and that he gets along well with everyone. The hourly rate would be $80 with a $500 retainer which includes one Council meeting per month. Mr. Knaak noted that Arden Hills would be among the firms larger clients, but not the largest. Mayor Sather then thanked Mr. Knaak for his presentation. Mr. Greggory Woods and Ron Kalina were interviewed next. Mr. Woods noted there are five lawyers in the 3 1/2 year old firm. Mr. Kalina is Columbia Heights' attorney and would be back up to Mr. Woods for Arden Hills. Mr. Woods noted no conflict of interest and said he would be available for Council meetings. He felt his strong point was the large support staff and also that they were familiar with the area. Arden Hills might be the second largest client the firm has and their billing is negotiable. The Council thanked the gentlemen for their presentation. Mr. Jerome Filla noted his firm has two offices with 13 lawyers who do much litigation and municipal work. He noted that he does both private and municipal work and would be the primary attorney and available for Council meetings, with John Miller as backup attorney. Council asked if there would be any potential conflicts since Mr. Filla is Shoreview's city attorney also. Mr. Filla responded that there may be conflicting ideas, but that the two cities have common goals, so he felt there would be no legal conflict. Filla noted that Shoreview has no problem with him being Arden Hills attorney, either on an acting basis or permanent. As far as TCAAP, Mr. Filla noted that Arden Hills has control over Shoreview and TCAAP and can condition any approvals they choose. Filla stated he has worked this area for 20 years, he knows the issues affecting the City and would like the opportunity to represent Arden Hills. He noted he felt more comfortable with requests from the City Administrator, as opposed to staff or Council. Mr. Filla also suggested, from his recent experience, that the Planning Commission needs more tightening so that cases before . . . . . ~, May 15, 1989 Work Session, Page Three the Council are ready for action the first time, and do not have to go back for further planning action. Mr. Filla noted he does not want to work on a retainer basis and works better on an hourly basis of $8s/hr. Council thanked Mr. Filla for his presentation. Mr. Thomas Radio, from Popham, Haik, Schnobrich, a 30 year old firm, was interviewed next. Mr. Radio stated that he is very involved in public law and would be the primary attorney. He is a resident of Arden Hills and has been with the firm for 7 1/2 years. He is also the attorney for Minnetrista and noted he has not done TIF/redevelopment issues, but that the law firm has expertise in these areas. He noted a probable conflict of interest in that he represents Honeywell in TCAAP issues, and could not represent the City in this matter. Councilmember Mahowald noted that this is a large law firm and asked if the City would get lost. Mr. Radio stated no, Arden Hills would not get lost in the firm. He then thanked the City Council for working hard for the City residents. The Council thanked Mr. Radio for his presentation. Mr. Roger Knutson, from Grannis and Grannis, was present for his interview. Mr. Knutson noted that he would be the primary attorney and he has performed municipal work for the last 13 years. He noted that his firm does not represent developers, they deal mainly with municipalities. There are nine lawyers in the Grannis firm, so Arden Hills would not get lost in the shuffle. Mr. Knutson noted there would be no conflict of interest with his firm and that his specific skill is his large in-depth knowledge of municipal skills. He likes to write and speak and stresses team play, working with the engineer, planner, manager, council and staff. Knutson noted that Dave Grannis would be the backup attorney and that presently Knutson covers the Chanhassen council meetings on the same evenings as Arden Hills, but that another attorney would take over the Chanhassen council meetings to enable Mr. Knutson to attend Arden Hills council meetings. He noted the fee/retainer are negotiable and he likes to keep problems from occurring. He is a pro-active attorney, not reactive. Council thanked Mr. Knutson for his presentation. Ms. Corrine Heine, Dave Kennedy and Steve Bubel, from LeFevere Lefler, Kennedy, O'Brien and Drawz were interviewed next. Mr. Kennedy has been the attorney for Crystal for 13 years, and has over 30 years legal experience. There are 12 attorneys in the firm that could handle any problem that arose. The firm has represented Minneapolis, Albert Lea, Bloomington, Burnsville, Roseville, Virginia and New Brighton. Ms. Heine would be the primary attorney and would use a team approach. She noted that her firm has dealt with the Casserly law firm, the City's developer consultant. Ms. Heine is the Lorettn city attorney and has experience in land use, condemnation, etc. She stated the firm could offer a full range of services. She would be available for Council meetings and there is no conflict of interest. Council thanked them for their presentation. Mr. Tom Hart and Lloyd Grooms from Winthrop & Weinstine were present for the final interview. Mayor Sather noted that the Council reviewed both their first and second proposal. Mr. Hart noted the firm is 10 years old, and is a splinter off the Oppenheimer law firm. There are now over 50 members in the firm, with Mr. Hart a member for 10 years and Mr. Grooms ~ r . . . . . . Mav 15, 1989 Work Session, Page Four for 2 years. Mr. Hart noted it is important to develop a record and that communication is critical between a firm and its client. He would be the primary attorney with Grooms as backup. Hart would be available for Council meeclngs and he noted his background is in municipal law, finance and real estate. He noted there would be no conflict of interest, although a potential could exist with developers. Hart stated his hourly fee is negotiable. Council thanked Mr. Hart for his presentation and Mr. Hart noted hlS appreciation for the opportunity to interview. During Council discussion of the seven firms interviewed, it became apparent that Knaak, Filla and Knutson appeared to have been the top choices. Council noted that the City would have nothing to lose in appointing filla, and could try it on a 3-6 month basis, and if a problem developed, there would still be the other firms the Council could chose from. After further discussion, Malone moved, seconded by Mahowald to direct Administrator Berger to prepare a resolution for adoption on May 30, appointing Mr. Jerry Filla as the City Attorney for Arden Hills. Motion carried unanimousLY \5-0}. ADJOURN Hansen moved, seconded by Malone that the meeting be adjourned at 8:40 P.M. Motion carried unanimously \5-0). Ga~ ~rg~ Clerk Administrator ~.~ Mayor .~