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HomeMy WebLinkAboutCC October 21, 1975 ", ,~ ~ ~-------'., ~ "'-----/ ,~ ~-' CITY of ANDOVER ~, R GULAR COUNCIL MEETING - OCTOBER 21, 1975 ~ AGENDA 1. Call to Order - -,- Special Meeting with Charles Weaver 2. Agenda Approval 3, Approval of Minutes - September 16, 18, October 2"7,, 1975 4. Public Hearings - N<ne 5. Petitions, Requests, Communications a. Judy Berry - Obscene Literature Poll 6. Ordinances and Resolutions a. Establishment of a ParkslRecreation Commission 7. Reports of Officers, Boards, and Committees a. Park Advisory Board b. Personnel Committee ~, - 8. Unfinished Business a. Charles Bankey-Horace Mayor (Cedar Crest 3rd & 4th Additions) b. LH&T Street Acceptance c. Horsemen's Council Appointments d. Municipal Liquor Study 9. New Business 10. Payment of Claims 11. Adjournment Pub1 sh: 10/18175 (' - . ..--., ..--. / '\ ~ '/ 'j ~ CITY of ANDOVER ..--. R GULAR CITY COUNCIL MEETING - OCTOBER 21, 1975 ~ MINUTES The Regular Me ting of the Andover City Council was called to order by Mayor, Richard J. Schn ider, October 21, 1975, 7:40 P.M., at the Andover Community Center, 1685 Cr sstown Boulevard N. W., Anoka, Minnesota. Councilpersons resent: Holasek, Rither, VanderLaan, Windschitl Councilpersons bsent : None Also present: City Attorney, William G. Hawkins; City Engineer, Rex W. Stockwell; City Administrator, Norman Werner; City Clerk/Treasurer, P. K. Lindquist; Planning and Zoning Chairman, David Jack; and others. Agenda A roval Mayor Schneider requested that the Council follow Roberts Rules of Order in asking for the fl or prior to speaking, to alleviate problems of two persons having the floor t one time. ,/\ >'J It was noted that Items 5(a) - Obscene Literature Poll, 8(a) - C. Bankey, Horace Mayol Cedar Crest Thi d & Fourth Additions had been deleted; and that Mr. Weaver would not be present u il the November 4, 1975 meeting. The following ad itions were requested: 8(e) - Re olution Amending Jay Street Assessment 9(a) - Discussion on Andover Community Club Building 9(b) - Discussion on Coon Creek Footbridge property 9(c) - Sto sign - 135th Lane and Jonquil Street N. W. 9(d) - Ch nge in Budget Meeting Date 9(e) - Ea ement acquisitions (75-1), 9(f) - M icipal Liquor Study, - It was noted that this item had been tabled, therefore, had to be brought back for discus sion under "New Business "; delete as listed under Item 8(d). MOTION by Win schitl, seconded by Holasek, to approve the published agenda as corrected. MOT ON AMENDED by Rither, seconded by Holasek, to add under Item 8(a) - Ceda Crest Third Addition Street Bids. Amendment and motion carried unanimously. ----, Minute Approval , --' September 16, 1 LH&T - pag 4, line 7 - Remove name of administrator from sentence. Administrat r Ordinance - page 4, line 5 - Change word accepted to "adopted". I I ~ r~ '~ ,j - Regular Council Meeting - 10/21/75 Minutes - Page ,-, -' Minute A roval (continued) September 16, 1975 (continued) Animal ontrol - page 5, line 7- Reverse the words "in" and "for". September 18, 1975 D. Polke - page 6, line 7,- Change granted to "granting". J. Pasch - page 5, line 3 _ Remove word "pump". D. Prebl - page 6, line 5 - Add.. .. and the Council is very cautious to provide every alternative combination. October 2, 975 Ex ected Revenue - page 1, line 10 - Delete 12 - Add. ... Councilperson Rither requested from the administrator, detailed information on the impact that the maximum levy would have on a typical residence in the City. '--', page 2, lines 6,7,8 - Delete ''-"' October 7, 1975 Fire Call - page 2, line 7 - Delete.... "No.2". Cedar Cr st - page 4, line 9 - Delete.. . . "bond and" Ordinanc lOB - page 5, line 15 - Delete.. . . "collector and" Pa ent f Claims - page 8, 1 ine 4 - Add. .. . "Harvest Festival" programs page 9, line 2 - Correct amount to "$19,453.79". MOTION by Van erLaan, seconded by Rither, to accept the Minutes of September 16, 18, October 2, 7 1975, as corrected. Motion carried unanimously. Parks/Recreatio Commission MOTION by Win schitl, seconded by Holasek, to send the Champlin Resolution to the Park Board d have them review and return to the Council with their comments. Councilperson V' nderLaan suggested that Subdivision 6 in the aforementioned resolution be dro ped and replaced with the Andover Planning and Zoning Personneìl !~ Selection Criteri , with essential changes made to cover a Parks Recreation - Commission, i. e , proper words to cover same. .--. ,~ ~ ~ Regular Council èeting - 1(:,,21/75 ---- ~/ Minutes - Page r-. '_' Parks IRecreatio Commis sion (continued) MOTION AMEN ED by VanderLaan, seconded by Holasek, that the City Administrator be directed to w rk with the Park Board in the formation of a resolution to establish the Parks and R creation Commission. Amendment and motion carried unanimously:. Park Advisor Bard It was noted that inasmuch as the Park Advisory Board had changed their meeting date to the first onday of each month, and were, therefore, requesting to be a permanent item n the second Council Meeting Agenda. No-one present with report. Personnel Com Councilperson ROther read a letter dated October 1, 1975, from the City Attorney, stating in part th t the C1erk/Treasurer was exempt from the Fair Labor Standards Act. A very len thy discussion was had on 1) Delegation of work to other employees to relieve overt' e, 2) LMM figures indicating the mean salary to be $12,720 for 5 years service, 3) responsibility of the position, 4) recommendation that the position be salar ed and established as exempt from the Fair Labor Standards Act, with an increase in salary to $11,976 per annum, based on a 100/0 increase over salary earned during th previous six months,S) 530/0 increase over a year ago, if based on .~ a 40 hour week, 00/0 if based on a 47 hour week average, 6)whether or not the raised ~ should be based n what had been earned, or what was supposed to have been earned, 7) overtime expe ted in administrative type positions and salary commensurate with same, 8) promot ons during the year, and 9) allowance in 1975 Budget of $10, 780 for Clerk/Treasurer. MOTION by Van erLaan, seconded by Rither, that as per the Personnel Committee recommendation, the ClerklTreasurer be established as a salaried position at a salary of $11,97 per annum retroactive to August 19, 1975, anniversary date of said employee. ote: Attorney Hawkins advises that position is exempt from provisions of the Fair Labors Standards Act. Councilperson W'ndschitl objected in that he felt he could not justify an increase from 8,632 to 11 976; and that allowing for overtime in the increase was not reasonable or fai to the er,nployee. Councilpersons VanderLaan and Rither noted that administrati e positions in the City involve some overtime and those salaries are commensura e. An extended discussion continued 'covering the hours in excess of 40. Vote: Yes - Rith r, VanderLaan; No - Holasek, Windschitl; Present - Schneider. Motion defeated. ,--.. MOTION by ¥ã:' '61;Laan, seconded by Rither, as per the Personnel Committee , ' ~~ re.e.·õfumendation, the Clerk/Treasurer position be established as a salaried position for a salary of $11,000 per year, retroactive to August 19, 1975, the anniversary date of said employee - note: Attorney Hawkins states the position to be exempt from the Fair La ors Standards Àct. , , I ~ ~ ~- ~ Regular Council eeting - 10/21/75 Minutes _ Page - '~ Personnel Com Mayor Schneider noted that in view of salaries for clerks in neighboring communities and the Stanton eport, $11,000 was the amount he had suggested at the Personnel Meeting. Also n ted were 1) increase in workload with improvement projects, assessments, se er billings, and population; and 2) promotion from secretary to deputy clerk to lerk/Treasurer. Vote: Yes - Sc eider, Rithe r, Vande r Laan; No - Windschitl, Holasek. Motion carried. MOTION by Rith r, seconded by VanderLaan, to adopt the pr<?posed Clerk/Treasurer Resolution Provi ing for the Selection, Duties, Responsibilities of the Office of ClerklTreasure for the City:;'of Andover. Discussion on Item No. 9 - Appointment and removal of d puty clerk(s). It was noted that the Clerk is given this power per State Statute. Motion carried unanimously. MOTION by Rith r, seconded by Windschitl, to adopt the proposed Resolution Establishing the osition of City Building Official and ;m,fining his Duties and Respons:ibilitie s. Motion carried unanimously. r--, '---./' Councilperson R' her informed the Council that on August 11, 1975, it was established by th City Council that employees shall receive reimbursement for mileage whe using hislher own vehicle for official business; and for those trips outside of e employee's normal working day except as established by the Council, mileag shall not be paid. In attempting to determine those trips other than those or official business, three suggestions were made. Each one of the three embers of the Personnel Committee endorsed each of the three suggestion ; therefore, no recommendation was forthcoming frcm the Committee. MO ION by Holasek, seconded by Schneider, to approve suggestion #3 - Mileage pay ents shall not be made for the employee's regular trips between home and work, nd for any meetings within the City (such as Council Meetings, Planning and Zo ing Commission Meetings, ParklRecreation Commission Meetings, etc.), thathelsh is expected, as a condition of employment, to attend. Vote: Yes - Schneider; No - Holasek, Rither, VanderLaan, Windschitl. 1Æotion defeated. MOTION by Win schitl, seconded by Rither, to approve suggestion #2 - Mileage reimburs ement s all not be made for the employee's regular trips between home and work. Howe er, if an employee is required because of his employment to attend such meet ngs as Council Meetings, Planning and Zoning Meetings, Parkl Recreations Mee ings, etc., outside of hislher regular working hours, helshe shall be reimbur ed at the prescribed rate for all such meetings in excess of two each month, except that anyone residing outside of the City ¡;S'hall be reimbursed ,-- for travel to and rom such meetings only to the extent of the miles traveled within the City. Vote: Yes - Rither, VanderLaan, Wind s chitl; No - Holasek, Schnieder. Motion carried. ~ , ~, / , Regular Council .;êting - 10¡Cl/75 ~ Minutes - Page 5 ~ '~ Cedar Crest Thir Addition Engineer Stockwe 1 read the results of the informal bids for construction on 175th Avenue N. W. in edar Crest Third Addition, opened on October 21, 1975; the lowest being from North rn Asphalt Construction, Inc. in the amount of $3,821. Mr. Stockwell advised that with egal and engineering fees, contingencies, and administrative costs ,the total project ould amount to $4,830. Dis cus sion on including all the items in the Mayban/<Git!"w Township of February, 1973 (the estimated $4,830 did not include storm sewer andl r sodding and seeding). It was noted that if Mayban would not pay the costs over and above the escrow deposit, it would be necessary to go in and assess the pr perty owners under MSA 429. MOTION by Holasek, seconded by Schneider, that the engineer up-date the total costs and present hose figures to Norman Werner; and he shall approach Mayban with this and if th Y decide to go ahead and post the additional monies, he has authorization to g ahead and order the project done. If not, he is to report back to the Counci . LH&T Street Acce ~Attorney Hawkins eported that the Title Opinion had been prepared on the two , .3treets in questio ; delinquent taxes had been paid, as had costs incurred to-date -"(substantiating da furnished to the City by Mr. Hawkins). It was the attorney's recommendation at the City of Andover accept l67th Lane N. W. and 168th Lane N. W. in the LH&T devel pment area. MOTION by Rithe , seconded by VanderLaan, to accept 167th Lane N. W. and l68th Lane N. W. 'n the LH&T development area in Section 9. Motion carried unanimously. MOTION by Rithe , seconded by Windschitl, that the City Administrator shall notify the resident on these two streets that the roads have been accepted and that the City will ccept full responsibility for their up-keep and maintenance. Vote: Holasek, R 'ther, Vander Laan, Wiridschitl - Yes; Schneider' - No (this has not been done in p evious cases of City acceptance of streets). Horsemen's Coun il The Clerk advised the Council that a "request for members" placed in the legal newspaper had not gotten any response; and that five persons had accepted from the names furnish d by the Council at an earlier meeting, i. e. Judith Conger, Mrs. Tom Adler, Mrs. Ken Heil, Donald Eveland, and Louis Rosberg. MOTION by Windschitl, se onded by Holasek, to appoint the five persons above to the , '-"'fIorsemen's Coun il. '~ / " ~~ '~ ~'" ~ Regular Counc 1 Meeting - 10/21/75 Minutes 6 ~ ,- Horsemen's C uncil (continued) Council per son anderLaan objected to appointing someone in the business of boarding and t aining horses not in keeping with the ordinance, being on the Horsemen's C ncil. Councilperson Windschitl concurred, however, felt that inasmuch s no-one else had responded, the Council had no other choice. C ouncilper son ither suggested the possibility of re-writing the ordinance to have the us 1 enforcement of ordinances govern, rather than a Horsemen's Council; howev r stated that for now the Council could be tried. Vote: Yes - Schneider, Hol sek, Rither, Wind s chitl; No - VanderLaan. Motion carried. Jay Street Res lution MOTION by Ri her, seconded by Vander Laan, to adopt a resolution to amend the resolution overing Jay Street Improvement Special Assessment; paragraph 3, line 7, to "c'ty" in place of "county". Motion carried unanimously. Andover Schoo Discussion was had on the land and on moving the building. The Planning and Zoning Commi sion and the Building Official had recommended that the building .-.. remain on the riginal site, and that the structures (schoolhouse and outhouses) '-' be restored as ell as the site, to maintain the highest historical value. MOTION by W' dschitl, seconded by Schneider, that if given the opportunity by the Andover Co munity Club, the City accept the building and land of the Andover Schoo ouse. Janett Eveland, Club Member, stated that the by-laws of the Club wou d govern as to the question of donation or sale of the property. Discussion ens ed on alternatives if the Club did not desire to donate the land, and assurances to the Club that restoration would take place. M,0.'FJlONiMlITHDRA WN AND RESTATE by Windschitl, seconded by Schneider, that if given the opportunity to accept the sc oolhouse and land from the Andover Community Club, the City would acce t it and take appropriate measures to secure it and restore the building. Vot : Yes - Schneider, Rither, VanderLaan, Windschitl; No - Holasek. Motion carried. MOTION by Ho asek, that the question of what is to be done to the property be referred to the ark Board to see if it would fit in and serve a useful purpose in the Park Plan, nd if not, offer it to the school for our costs involved (land and other costs); P rk Board to render an opinion on what is to be done. Motion died - no second. Sto Si n - Jon uil Street N. W. & 135th :&'vle. N. W. /-"., - MOTION by V derLaan, seconded by Windschitl, to authorize the staff to investigate the installation f a stop sign on Jonquil Street and 135th Avenue N. W., and if it is determined that a sign is necessary, it shall be installed. Note: This procedure to be followed in a 1 case s of regulatory signs. Motion carried unanimously. ~ ~' ---./ Regular Counc 1 Meeting - 10/21/75 Minutes - Pag 7 , ~, ~ Change in Mee ing Date It was agreed y the Council to change the meeting date of the Special Budget Meeting from ctober 30, 1975, to October 27, 1975, to permit the Council and Staff to attend e Metropolitan Council Meeting in Bloomington on October 30. MOTION by Ri her, seconded by yanderLaan, to authorize the City Council, City Administr tor, City Assistant Administrator, and City ClerklTreasurer ',to attend the m eting for Clerks and Finance Officers on October 30, 1975, followed by the Metropolitan Area Municipal Officials I Meeting in Bloomington at,a cost of $7. 85 per person. Vote: Yes - Rither, VanderLaan, Windschitl; )No - Schneider' Present - Holasek. Motion carried. Easements (75 1 ) Attorney Hawk s advised that two easements for Project 75-1, were needed,,- l.L12.'",y!'~,~:!""t,"', ""J22!.":!X,,"',",~,,"','!l,'" !,~,~"!;t,?":I3~,Il~,,,,];,,¡'ªke¡;,:g;ß,t~t~:'","'Et!."';,~lS:","'.1,;t!':rm:i.na.ting "^,~n July, l'""l,,:~.. ,~.:F.',~,~P,t.:;X,;,<:>,:<Y;ß~X,,,:,Æ~,,:M.ªJ;4.,""'s,,,,c.o.$t,Qtl2H~,,2~1...":~5!",~,~_3]!:~_!:~:..,?:,::, ancr"'Eíaêlwelss Streets (If the sewer lme had to go around on nght:of-ways and . "'··'--.-,...____~~_,~...._"."__..'M._',._ _".,~",,<... _ .~"....... _, _',.~ _ ~.,.""_". ___,..~",~'_...,.__..."_.,.."...." "~..,.,,,.,""" ,,_,_ ".._,.-_""~_....".,, .",_" """"""',. .,,,,_,_,'.'-,,.,",.. ,N .,-,' ' ,.. , , ""~ ,~..,. .,..,", "'" ,,,....._.,.~ ~,.'... ",..,.",. _strê.êj;:>.._t.!HLC,Qt..J.ª:Jl1.,fC Ïty'would be, aJ::e,!.,?~.imª-t.5)Jy:Æ2,~."~,~o,!,:;:::J?"'!'H,",Il"'I?:t"",~,~.,,,~eIJ.! ,,' 't::.<:>. s ~",;r",Q.t..,1(1." ":¡:¡J.8Sk:"~,'::E1§:sg:f~~f!::::~::~'<i.~':~,~"?:,,,,,,§¡¡t.ªte¡;¡,.""CQß.t.,p[",$z'2",5",Q,º,;,,,,P'!'S'P"'.::,ty' /"""'. ...Q=ex,,,,",,,,K.~Jy1 dinger. MOTION by'VânderLaan, seconded by Rither, to '-./' authorize th';'·E.;'p'ëñdifures of $50. 00 and $225.00 for easements as listed above to J. Mathews nd K. Mundinger, under Project 75-1. Motion carried unanimously. Munici. a>l!JLiqu r Councilperson indschitl reque¡;ted that his name be removed from the suggested Liquor Study C mmittee. A short discus ion ensued on the need for such a study at this time. It was noted that individuals had inquired as to City policy on this question of liquor, whether private or publ c, etc. No action taken. Discussion on oucher No. 419 - Bankers Life Insurance, in which dependent i Q:'overage was id for Norman Werner and James Thurston. The Council noted that a policy ha not been set at this time as to am.ount of coverage paid by the City. MOTIO by VanderLaan, seconded by Windschitl, to authorize payment of Vouchers N . 410 - 418 and 420 - 427 in the amount of $3,625.89. Motion carried unani ous1y. MOTION by Windschitl, seconded by Holasek, that the ClerklTreasur r issue Voucher No. 419 in the amount of $221. 72, after the difference be en the family coverage and single employee coverage rate has ,'--" been reimburs d to the City by Norm.an Werner and Jam.es Thurston. Motion ! ~ carried unanim usly. Adjournment MOTION by Wi dschitl, seconded by VanderLaan to adjourn. Carried unanimously. Meeting adjour ed - 11:35 P.M.