HomeMy WebLinkAboutCC EXECUTIVE SESSION MINUTES 04111989 Meeting Sheet
IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
101546
Box: 21
Folder: CC MINUTES AND AGENDAS 1989
Document: CC MINUTES 04111989
,t
• C X TY OF S T . ANTHONY
C 2 TY C OUN C I L
EXE C UT 2 VE S ESS=ON M 2 NUTS S
APR 2 L 1 1 1 9 8 9
1 The Executive Session was convened at 9:49 P.M.. with Mayor Sundland and
2 Councilmembers Marks, Ranallo, Enrooth, and Makowske all present.
3 The work session had been requested by City Manager David Childs, who
4 sought Council direction on the following:
5 Negotiations with Park Board About Gross Golf Course Assessments
6 Mr. Childs reported the parties were split 50/50 on the amount the Park
7 Board would be willing to pay. He said if the City went along with that
8 split, he was certain there would be acknowledgment in the contract that
9 even though the City had no real right to prohibit truck traffic in that
10 area, the City would continue to try to keep trucks off the boulevard.
11 He reported the Park Board was adamant about nullifying the original
12 agreement and the City Attorney perceived there was little chance of
13 achieving that and thought if the City split the assessment with the
40 Park Board they'd be getting $27,000.00 more than they would have
without making the attempt, and it would cost between $10,000.00 and
16 $15,000.00 to go to court to get the whole assessment. There's also
17 a chance the judge would rule against the City or award the Park Board
18 part of the value even if he ruled against the agreement. There was
19 agreement that the precedent for the Park Board paying only half of the
20 assessment against their property would beset for future disagreements
21 between the parties 20 or 30 years down the road. It was also agreed
22 that any attempt to assess the golf course for 100% of the costs to
23 seal coat the years later, if the City changes its ordinance to assess
24 all . property owners for a shore of those costs would also be perceived
25 by the Park Board as an attempt to nullify the original agreement with
26 the City. If the City seal coats the Boulevard in 5 years, the general
27 consensus was that even though the Park Board is billed for the full
28 amount of its share of the costs, they would probably protest paying
29 any more than half.
30 Council Direction
31 Staff to proceed to draw up the documents agreeing to split 50/50the
32 assessments with the Park Board.
33 Marlene Tessier Case
34 The City's adjustor perceives some percentage of liability for the City
5 and there are already $10,000.00 in medical costs involved which the
1
1 City would have to pay out of its deductible. The final settlement
will probably be much higher considering there is a loss of eyesight
involved. The Manager perceived this to be a judgment call where the
4 amount could be decreased or increased in court.
5 Dram Shop Law Suit
6 A copy of the legal brief was given out to the Councilmembers with the
7 Manager's comments on the bartenders testimony. This case is also in
8 the adjusters' and lawyers' hands, but Mr. Childs just wanted the
9 Councilmembers apprised of the issues.
10 Police Department Contract for 1989
11 Mr. Childs reported the 5% plus raise the Department was asking for and
12 said even a settlement of 3-1/2% would- continue to put them above the
13 line for Comparable Worth.
14 Council Direction
15 Mr. Childs was instructed to try to negotiate a 3% contract and to let
16 Cy Smythe continue those negotiations if the Police Department hasn't
17 settled by the time he leaves.
18 Civil Rights Claims
40 The Manager reported the circumstances under which the cleaning service
husband and wife team had filed a civil rights suit against the City
21 for cutting down the locations at which their services were provided.
22 He told the Council the suit was in the hands of an employment attorney
23 at Dorsey & Whitney and he didn't perceive there was any basis for a
24 civil rights case but he just wanted them to be aware of the issues.
25 Dinner with Briggs and Morgan Scheduled for April 20th at Nicollet Inn
26 Volunteer Recognition Dinner at Arthur's, April 27th
27 The conflict with the St. Charles Appreciation Dinner was regretfully
28 noted by Councilmember Makowske, who indicated she wished she had been
29 consulted about the date. She also said the inclusion of the
30 Historical Society in the event placed her in an awkward position
31 because she would not be present for the City's dinner and there were
32 probably people invited who had since resigned from the Society.
33 Councilmember Ranallo pointed out that he and several members of the
34 Recycling Task Force faced the same conflict in events, which some of
35 them perceived to be really unfortunate in view of the fact that the St.
36 Charles event was always scheduled for the same date in the last week
37 of April.
• 2
1 Lee Retirement
0 Mr. Childs was directed not to change the date of Bob Lee's retirement
3 from April 28th in accordance with the firefighter's advice that this
4 was the date he wanted to retire and because his replacement had
5 already been hired to start at that time.
6 Mr. Childs said he expected to be still working on City matters up
7 until May 5th even though his official leaving date was April 28th.
8 The work session was adjourned at 10:00 P.M.
9 Respectfully submitted:
10 Helen Crowe, Secretary
11 :cjk
• 3