HomeMy WebLinkAboutCC February 18, 1975
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AGENDA
RZGUI..~R l'-;'ETIKG OF THE Þ..NDOVr:.:R CITY COUNCIL TO BE HELD, FE3~UA~Y is, 1975,
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AT T¿Z ANDOVER CO~'IDNITY CENTER, at 7:30 p.~.
1. APprJval of January 7, January 20, January 21, and February 4, 1975 Einut~s.
2. RussJll (Stack Addition) roads.
3. 3ro~jtead, Lueck - Drainase problem.
4. EdWûJd Bayers - Kennel Lic~nsc (DQg)
5. AUdiJors' Report - Road & 3ridge Fund.
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6. L.H. . Development Co. - Bond.
7. Nigh ingale Estates, second Addition - Preliminary Plat.
8. Disp rsal of tapes of previous meetings.
9. Bids on tractor.
10. Bice tennial COffiillittee.
ll. Comm ttee appointments and discussion.
12. Appr val of addition Committee~an on Negotiating Co~~ittee.
13. Disc ssion on hiring Administrator.
14. Repo t on Metro Council Workshop.
15. Sign Contractors' License.
16. Len 2ckman - Rental of steel building
17. Bill .
CITY of ANDOVER
REGULAR MEETING - FEBRUARY 18, 1975
MINUTES
A Regular Meeting of the Andover City Council was called to order by Mayor
Richard J. Schn~ider, February 18, 1975, 7:40 P.M., at the Andover Community
Center, 1685 Cr6sstown Boulevard N. W., Anoka, Minnesota.
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Councilpersons Present: Holasek, Rither, VanderLaan, and Windschitl
, I None
Councllpersons Absent:
Also Present : Attorney, E. P. Babcock; City Clerk, Art Jaworski;
City Engineer, Dewey Kasma; Recording Clerk,
Pat Lindquist; and several residents.
Approval of Minutes of Previous Meetings
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Councilperson Rither noted that he had not received copies of the January 7, 1975
and the January 21, 1975 Corrected Minutes until February 18, 1975; and requested
that the City Cou1cil be furnished with copies of Minutes in a timely manner, to be
mailed if necess,ry, in order that they shall have time to review them prior to
the Council MeetIng in which action on said Minutes is on the Agenda.
MOTION by RHt, ",oondod by Wfnd,ohfH, U,., fu, CHy Co=o;; hbf, .0Hon on >h,
January 7, 20, a d 21 Minutes until March 4, 1975. Motion carried unanimously.
MOTION by Vander Laan, seconded by Holasek, to approve the February 4, 1975
Minutes with the following corrections:
Page 1, par . 1 _ Mr. Beems corrected to Mr. Beens
Page 2, par . 1 - Add "and State" to line (2)
Page 5, para. 4 - Change word "Expected" to "Requested" on line (3)
Motion carried u animously.
Russell (Stack Ad ition) Roads
Engineer Kasma utlined his findings and studies done on the roads in this Addition.
Willia= Rttman nd Merle Mevissen from the City of Ramsey, explained to the Council
the work that RaH sey had done and furnished copies of information regarding same.
They noted that t e City had spread sand and Class #5 on some of the roads in the
Addition, howeve , those in question were just graded in the summer of 1974, but
Mr. Russell did ot provide the promised $3,000.00 for material, therefore, no
other work was d ne. Mr. Mevissen advised the Council that the City of Ramsey
did not have a "R ad Standard" then or now.
Attorney Babcock rendered opinions as to who has the responsibility of upgrading these
roads 1 however 1 e wanted to check into the matter further before making a statement.
Counci1person Wi dschitl questioned the City of Ramsey Representatives as to why
Ramsey had not held up their end of the "bargain"; and in that Ramsey had received
monies from building permits and taxes in this area, he felt that it was their responsibility,
and not that of the City of Andover.
Regular Meeting 2/18/75
Minutes _ Page 2
MOTION by Ho1asek, seconded by Windschitl, that the City Council direct the
City Clerk to write a letter to the City of Ramsey, and ask them to bring the
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Russell (Stack Addition) Roads up to Standard; inasmuch as we have no recourse
against Mr. Russ'ell and they probably do.
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MOTION AMENDED by Windschitl, seconded by Holasek, to add: that in the event that
the City of Ramsey does not bring the roads up to standards in existence at that time,
the City of Andov~r shall direct their attorney to write to the Municipal Commission
and request that the Incorporation Order be amended to require the City of Ramsey
to bring these roa'ds up to Standard.
Several questions were raised by the Council as to, "what is the Standard"? Motion
by Holasek, rescinded. Amended motion by Windschitl, rescinded.
MOTION by Wind~Chitl, seconded by Holasek, that the Andover City Clerk be directed
to issue a letter tb the City of Ramsey, Mayor and City Council; requesting that the
City of Ramsey fJUill their agreement, to be defined as being $3,000 of Class #5 gravel,
and the manpowe~ and equipment needed to spread said gravel on the Rus sell Roads.
In the event that tte City of Ramsey fails to fulfill this agreement, the City of Andover
shall direct their ~ttorney to write a lett er to the Municipal Commission requesting
that the Incorpora: ion Order be amended to require the City of Ramsey to supply
$3,000.00 of Clasls #5 gravel, and the manpower and equipment needed to spread said
gravel on the roa s in the Clyde Russell Addition. Motion carried unanimously.
Attorney Babcock advised that building permits must be issued in the area of Russell
Addition, inasmu h as the City of Ramsey did officially accept these roads.
Bromstead, Lueck - Drainage Problems
Attorney Babcock advised the City Council that the only action that can be taken by
the City of Andov r is a lawsuit against E. V. Builders for Ordinance Violation in the
amount of $300.0 for each offense.
Messrs. Lueck a d Bromstead requested that the "red tag" be lifted by the City in order
that they will be a le to s ell their homes. They were advised that this could not be done
until the problem as corrected. Attorney Babcock as sured the City Council and the
audience that ShO~d the City choose to move ahead against E. V. Builders, prompt and
vigorous prosecut on would be instituted. Mayor Schneider suggested that the City
proceed with pros cution. The City was advised that they could not force E. V. Builders
to correct the sit tion- -whereas a Civil Suit against the builder by the homeowner
could possibly do his. Councilperson Rither expressed the feeling that Grow Township
was remiss, and ow must solve the problem.
MOTION by Wind chitl, that the City Council should request Mr. Kasma of T. K. D. A.,
to look into a drai age solution and report to the Council. No second to motion.
Regular Meeting L2/18/75
Mfnu'" - P.ge 'j
Bromstead-Luec _ Drainage Problem (Continued)
Mr. Bromstead alsked the City Council for an answer on whether or not the City would
maintain the Storin Sewers, if the case against E. V. Builders by them, is won; and
the Storm Sewers are installed. Mayor Schneider replied in the affirmative.
Council person Va~derLaan questioned Attorney Babcock on the possibility of bringing
action against E. X. Builders, based on a letter received from Caswell and Assodates-
Engineers" date August 30, 1972. Mr. Babcock advised that inasmuch as there are
no Minutes covering the August 29, 1972 Meeting as referenced in the letter from Caswell;
we do not have a ,Lecord of an agreement, and therefore, E. V. Builders could not be
charged with "br~ach of contract". Former Grow Township Supervisor, Marvin Christenson
reported that the bnly records of the aforementioned August 29, 1972 Meeting, was the
Engineer's Report. dated August 30, 1972.
The City councillgreed to proceed to Agenda Items #4, #5, and #6, followed by the
continuation of thJ Bromstead-Lueck problem, thus allowing the City Clerk an opportunity
to search the fileJ for additional information.
Edward Bayers _ Dog Kennel License
Inasmuch as Mr. r Mrs. Bayers were not present, action on the license was tabled
until the March 4, 1975 Meeting.
Auditor I s Report
The City Council eviewed the work sheets provided by the Auditor.
MOTION by Ho1asek, seconded by Rither, that the City Clerk contact Mr. Anderson
and request that h forward to the City of Andover, a revised page 16 of the Audit Report,
showing correcte figures for''Public Works - C:ontractural Services" and "Snow and Ice
Removal _ Contra tural Services ". Motion carried unanimously.
With reference to he Auditor I s !!Comments ", as shown on his Report, the City Attorney
has investigated three (3) items under question by the Council, and has forwarded
his findings to the . Based on these findings, the following action was taken:
1) Travel Ex ense Claim_ MOTION by VanderLaan, seconded by Rither, that the
City Council of Andover consider the Travel Expense Claim,
as addressed by the Auditor in his Report, that it not be
collected from the Building Inspector, and the matter be
considered closed.
Counci1person Holasek felt that the former Grow Township
Board of Supervisors was as responsible, and should each
pay a part in reimbursing the Claim.
MOTION RESTATED by VanderLaan, seconded by Rither,
that the expenditures for travel expense for the wife of the
Municipal Employee Arntzen, were made in good faith, and
that no reimbursement be required of the employee.
Regular Meeting 1- 2/18/75
Minutes - Page 4
Auditor's Report (Continued)
Vote: Windschitl, Rither, VanderLaan__yes.
Schneider, Holasek--no.
Council per son Windschitl questioned the "no" votes.
Councilperson Holasek stated that he had misunderstood the
motion, and asked for a Recall Vote.
Vote: Motion carried unanimously.
2) Pay in Lieu of Vacation - This was covered in the Contract of the Municipal
Employee; and upon the advice of the Attorney, agreed
that no action was necessary.
3) Unauthorlzed Expenditures _ Councilperson Windschitl requested that the City
Treasurer be contacted and advised that funds not be
expended for such purposes in the future. Council concurred.
A 5-Minutes Recess was called.
Meeting reconverl.ed at 10:05 P.M.
Nightingale EstJes - Second Addition
MOTION by Win schitl, seconded by Holasek, that the Andover City Council accept the
Preliminary Pla of Nightingale Estates - Second Addition. . Motion carried unanimously.
L.H.&T. Invest ent Co. - Bond
Engineer Kasma reported that he had checked the roads, namely 167th Lane N. W. and
168th Lane N. W. , and estimated the cost to bring these roads up to Standards, to be
approximately $5 ,000.00. L. H.&;T. has agreed to post a Bond in the amount of $8,000.00,
with the stipu1ati n that if the roads are not completed by June 1, 1975, the Bond in
the amount of $8, 000.00 shall be forfeited to the City of Andover. It was noted that
a 24' gravel road in place of the Standard 32' wide road, would be acceptable in view of
the time element involved since work was first initiated in 197~
MOTION by Rith r, seconded by Holasek, that the City Council of Andover, HEREBY
RESOLVES TO, s sue Building Permits to L. H. &T. Investment Co., on lots abutting
167th Lane N. W. and 168th Lane N. W., east from Round Lake Boulevard N. W. to
the Dead-End Cu de Sac; provided that
1) L.H.&T. Investment Co. enter into a Road Development Contract with the
City of dover, and
2) L.H. &T. Investment Co. will post a Bond in the amount of $8,000.00., and
3) all const uction work under the terms of the Contract, be completed to the
City of AJdover Road Specificatiorfs as detailed 'in-a'letter, Tdated October 22, 1974,
from the City Consulting Engineer, Dewey Kasma of Toltz, King, Duvall,
Anderso and Associates, Inc.; and that all construction be completed no later
than Junel1, 1975.
Motion carried unanimously.
Regular Meeting _ 2/18/75
Minutes _ Page 5
Bromstead-Lueck (continued)
Engineer Kasma lXPlained possible remedies and solutions to the problem, with costs
ranging from $10~ 000. 00 to $15,000.00;; and recommended to the City Council, that
the City Road Contractor, Burton Kraabe1, rent a pumper with which to pump the
excess water out ~til spring, at which time it would be possible for him to investigate
possible correcti n in the most economical manner.
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MOTION by VanderLaan, seconded by Windschitl, that the City Council provide
pumping service to the two homes at 14338 Woodbine and 14346 Woodbine, at theec
request of the hOfneowner, and without cost to them; and that Engineer Kasma be
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directed to study the situation as soon as feasible, and report his findings to the
City Council. M6tion carried unanimously.
Disposition of MJeting Tapes
Attorney Babcoc~ advised that it is only necessary to keep tapes of meetings until
the minutes of saId meetings are approved--this is only a matter of practibility, as
the Law does not Irequire that meetings be recorded on tape.
MOTION by vandlrLaan, seconded by Holasek, that the City Council direct the
City Clerk to disJose of tapes of Regular City Council Meetings, Planning and Zoning
Commission Mee~ings, Park Board Advisory Meetings, and any other Committee
Meetings after a eriod of six (6) months unless otherwise directed by the City Council;
and that tapes fro Public Hearings held under #429 Assessment Statute be reserved
for a period of th ee (3) years.
MOTION AMEND D by VanderLaan, seconded by Holasek, that the term "erase and
reuse II, replace e word "dispose". Motion carried unanimously.
Tractor Bids
Mayor Schneider eported that three (3) bids have been received; and that Mr. Cox
will hold his mac ine fo'r sixty days with a small down-payment. After discus sion on
the number of ch ges in the bid of Blomquist International, the Council directed the
City Clerk to con ct Mr. James Griswold of the Park Advisory Board, and ask him
to have Mr. Rzes utek inspect the International and give a report to the Council.
Len Beckman - R ntal of Buildin
Councilpersons R ther and Holasek felt that granting a Resolution to use this building
for a non-confor ing use, even on a temporary basis, would invite problems from other
City residents wa ting to do the same. Councilperson Ho1asek questioned Attorney Babcock
on the pos sibility f the "Grandfather Clause" applying in this case. Mr. Babcock
informed the.Cou ci1 that this would apply only if it could be established that said
building had been sed for the same operation continuously since a time prior to
1971, and emphasIzed that a lapse of even one daydn operations would void the
"Grandfather ClaJse ".
Regular Meeting 1- 2/18/75
Minutes - Page 6
Len Beckman - Rental of Building (continued)
Mr. Beckman's Jepresentative and a gentleman who is using the building after hours
for truck storagef were advised to secure information and documentation verifying
that the building has been used for the manufacture of vaults and septic tanks. and
vehicle storage c1ontinuously from a time prior to 1971 until the present time; and
then resubmit the1ir application to the Clerk's Office.
Bicentennial coJmittee
The following nales were submitted to serve on this Committee:
Mrs. Joann Chouinard _ Mrs. Arlene Nehring - Ms. Helen Frantz
Councilperson valderLaan read a statement which she had prepared (copy attached
to fum Minu'"'~m willoh ,h, ,ugg..t, . ""lior on Committ.. "I,otfo"" Wifu
reference to said policy, Mayor Schneider felt that the Rules Committee should set
a meeting date as soon as possible to cover and review the suggested rules.
Councilpersons indschitl, Chairman and Rither of the Rules Committee to meet
on Monday, Marct 3, 1975, 7:30 P.M. at the Community Center. Counci1person
VanderLaan's sta ement was reviewed by the Council, and considerable discussion
ensued as to the Jolicy applying to both Standing and Special Committees, the possibility
that some Councâpersons are better versed to serve on certain committees than on
ofu,," , ',;on", ~ "' 'lphab,Ho.1 "I,oHon of fu, Ch,;om"" "0, Co=dl"o,," nn"",k
questioned the ap lication of the above policy to the Bicent-ennial Committee.
Council per son Va derLaa.n stated that a Councilperson could assign their position on
the Committee to a citizen.
Mayor Schneider uggested that the Bicentennial Committe be handled at the Council
Meeting of March 4, 1975.
Councilperson Ho asek asked the Council if they were going to approve the previous
appointees to this Committee. or wait on this also until the Rules Committee Report
was received. C uncilperson Windschitl suggested that six (6) persons be on this
Committee, inas uch as two persons could work on each segment of personnel criteria
for a more compl te and thorough investigation. Council person Rither felt that the
entire Council sh uld negotiate with an employee as the entire Council is responsible
for hiring, settin wages, establishing fringe benefits, analyzing performance, dismissal,
etc.; and should n t delegate this responsibility to a citizen. After much discussion,
the City Council a reed that employees should come before the Council for Contract
action, negotiatio s, and all other matters relating to an employee. The date set
for City Council r view of the Building Inspector's Contract to be March 6, 1975,
7:30 P.M., Com unity Center.
In answer to a qu stion from the audience, Mayor Schneider and Councilperson Rither
advised that therelwas no need to advertise for a Building Inspector, inasmuch as a
competent man was "on board"; and if a job is advertised each year, good people would
be hard to find.
Regular Meeting _ 2/18/75
Minutes - Page 7
Committee Appointments
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Council person Windschitl suggested that all Committees remain in a "limbo" state
until after the Ruies Committee brings in their Report on March 4, 1975.
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Counci1person Holasek voiced concern in that the Personnel/Criteria Selection
Committee was w'orking on personnel items for which they had not been authorized.
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Council per son Rither explained that in order to properly set up the criteria for
selection of a Hofseman's Council, Planning and Zoning Commission, and the
Clerk-Treasurerj research had to be done in other areas based on the entire
City structure, and that each individual position could not be isolated. He did
not feel that any t'ravesty had been committed, and explained at length the work
the Committee ha's done to-date. Councilperson Ho1asek emphasized that 990/0 of
the work was not k.uthorized. and stated that a separate Personnel Committee
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should be established as soon as possible.
MOTION by HOlalek that three (3) more members be added to the Personnel/Selection
Criteria Committ~e, making a total of five (5); and that the Mayor be one member and
two (2) citizens rn'ake up the total. No second.
Council person Riier suggested that the entire Council should sit, on this Committee.
Council person V"fderLaan suggested that this matter be tabled until the Rules Committee
submits their Rel1ort. Mayor Schneider concurred, and agreed with Council person Ho1asek
that five (5) perso~s were needed for this Committee.
Hiring of Adminislrator
Mayor Schneider ead a letter he had written to Mr. Kordiak, advising him that the
City Council was equesting E. E. A. Funds to cover a salary of approximately $15,000.00
for a City Admini trator, to be hired by April 1, 1975; and asked Council approval to
forward this lette . Councilperson Rither questioned the contents of the letter in that
none of the items ad been discussed and agreed upon by the City Council, and spoke of
several positions hat would qualify for these Funds. Mayor Schneider emphasized the
necessity of mail- g the letter now so that the City does not lose these Funds. After
a lengthy discussi n on E. E. A. and Title VI Funds, the City Clerk was directed to
send a letter to M . James Brenk, Personnel Officer, Anoka County; advising him of
the City's intent t take advantage of the Title VI Program, and are willing to accept
the allocation, an that a job description and budgetary information will be forthcoming
within a very sho period of time.
Mayor Schneider o check with Mr. Brenk as to the deadline for the E. E. A. Funding
Application.
MOTION by H01a,ek' that the City Council approve Mayor Schneider's letter to
Mr. Kordiak, wit reference to E. E. A. Funds. No second.
Councilperson Windschitl felt that Mayor Schneider should check with Mr. Brenk, to
see if the City of Ándover would be held to the terms of the letter of intent on E. E. A. Funds.
Regular Meeting 1_ 2/18/75
Minutes _ Page 8
Hiring of Administrator (continued)
Councilperson Ri~er objected to Mayor Schneider's letter in that the contents were
not necessarily due, and felt that such a letter should not be written until the City
can supply factual information.
Councilperson W~ndschitl requested that this matter be resolved at the March 4, 1975
Meeting. \
Metropolitan Council Workshop
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Council person Rither reported on the Workshop held February 7, 1975. He stated
that very little wJs covered on Block Grants; and discussion indicated that the
majority of grant~ will be going to the Central_Core_Cities. Advised that for a
City to obtain a Block Grant, they must show a relationship between the activity and
the housing plan, land further indicated that Pre-Applications are important; and
that our policies must be consistent with the Metropòlitan Council.
H. U. D. APPlicatln
En,'no'o K.,= t""""d "" opp"o.Hon foo fu, Mayo." "''''''0',
MOTION by Vand rLaan, seconded by Holasek, that the City Council authorize
Mayor Schneider 0 sign the H. U. D. Application for the purpose of applying for
$4001'000.00 to blused on the Sewer Project in the Crooked Lake Area.
Councilperson!:I'ó sek suggested that an article be placed in the Anoka County Union,
advising the peop11e in the Crooked Lake Area of the Project.
Aerial Ma ing of the Cit
Engineer Kasma equested that this item be placed on the Agenda for March 4, 1975.
Bills
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Due to the late ho r, approval of bills was tabled until March 4, 1975.
MOTION by Wind chitl, seconded by Rither, that the Meeting be adjourned.
at 1:15 A.M.
Respectfully Sub Attest:
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Arthur J. Jaworski
City Clerk
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C' ~ 4. 6 <,,' , 4J..... ' I ,~d
TO: MAYOR AND CITY COUNCIL
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FRor-l: MARY VANDER LAAN
SUBJECT: SELECTION OF COMMITTEE MEMBERS
Gentlemen:
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At the City Council meetings of January 21, 1975 and February
4, 1975,l the citizens of Andover were treated to a circus-like
display f committee stacking and unfairness in choosing mem-
bers to ~nalYZe specific problems by means of the committee
system. I It would indeed be naive of me to say that all of the
Councilpersons have the same political leanings but it's very
distressing to see that our Council is unwilling to choose
someone ~o serve on a committee whose political beliefs may
differ from his own. Our objective in appointing committees
to colle t data in order to ultimately solve a problem. All
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five members of this City Council, as designed by statute, have
one vote which adopts policies for the City. Therefore we should
all have equal representation on all committees. I realize it
is indee difficult for one person to choose all committee mem-
bers and to be objective. I have examined all sides of this,
taking irto account that we must overcome our behavioral differ-
ences by means of an adopted system rather than relying on our
own self discipline. We have no consistency in our committee
apPointm~nt procedure. Councilperson Windschitl is serving on
four com ittees, Holasek on three, Rither on two, Vander Laan
on two a:r Nayor Schneider on none. Furthermore, the number of
members or present committees is inconsistent. I therefore "ish
to outline the following procedure to be adopted tonight by
the City ouncil.
(See atta hed)
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Mary 1Jn er Laan,
RECOMMENDATIONS
SELECTION OF SPECLAL COMMITEE MEMBERS
1. All special committees should consist of five (5) positions.
2. The chLrman will be chosen by means of alphabetical rotation on the
Council. Hence, Winslow Holasek will be the first Chairman of the
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next group.
3. The relaining positions will be designated by this means:
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Each City Councilperson and Mayor may elect to:
a. serve on the committee himself
b. appoint a citizen in his place
c. choose to reduce the total number of members on
the committee by relinquishing his position.
4. The Ch irman will be named at the City Council meeting at which need
is established for the committee; and at the subsequent Council Meeting,
each pe son will present his choice of member to the Council for their
approva , whether that choice is the Council member, a citizen, or
non-rep esentation.
The advanta es of the above system are:
1. We all ust be in touch with all aspects of business coming before our
Counci . Therefore, we physically will be attending these discussions
or cho sing a member who will be personally responsibile to us to
report on the progress of the group.
2. This al 0 will provide a more efficient system by which Council members
can de ignate duties and not be involved physically with each detail of
City aff irs.
3. This pr cedure wil~ permit controlled expression of each Councilperson' $
politica beliefs, and most importantly will provide fairness and objectivity.
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Mary Va,Me
NOTE: Mayor Schneider requested there should be five (5) members on standing
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committees.
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