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Home My WebLink AboutCC September 16, 1975 ~ /----"- / " ~... - -' ~ ~ CITY of ANDOVER ~ REGULAR COUNCIL MEETING - SEPTEMBER 16, 1975 '~ AGENDA 1. Call To 2. Agenda 3. Approva of Minutes - a. Au ust 11, 13, 19, 26, Sept. 2 4. - None 5. Petitions, Requests, Communications a. Ac eptance of 140th Lane as City Street (36-Z4-32J b. Ex ension - Cedar Crest 4th Addition c. Li uor License - Dick Dorsey d. Co p~e~~v~ealth Dept. V· p, 6. Ordinances and Resolutions f' a. At letic Association '---' b. Es ablishment of Parks/Recreation Commission c. Or inance lOB 7. Reports f Officers, Boards, and Committees a. Pe sonnel Committee ~ b. L 8. Unfinish d Business a. An mal Control Contract b. WI I PSE Employee c. Bi ch Ridge Park Taxes 9. d. ~ (Lc.tt~h New Bus ness a. Da e for Hearing - Jay Street Special Assessments b. Ap ointment of Auditor for City Audit for period en ing December 31, 1975. " Q. R .~~ ,£" ~LI;;;p;.. ~. :<-u»-i ((~ 10. Pa d. I f C t~- .<NC~ f' yment aIm 11. Adjour r'-', 'J " ~ ~------, .' ~ CfrflV of i4lìJfj)/@w¡:;~ --J ~ '--' REGU AR COUNCIL MEETING. SEPTEMBER lø, 1975 SUPPLEMENT TO AGENDA 5-c ':.'emporary Liquor (Non-Intoxicating On-Sale) License . centenni~l ~m~ee. i .0-- ¿ ~c4.t<AG-" '<AI ~., 7-b HT Stre!'!t tÄceptance (167th and l68th Lanes) f-el- f- ~ ¿-<.«"~ 9-c oad Accept ce 75-1 , 9-d earing Date - Fire Calls .--.., 9-f esolution - Incurrence of Indebtedness (75-1) , '.-/' 9-g rchase authorization - 2-way radio (Snow Plow) Delete 5-a cceptance of 140th Avenue (Questions have arisen regarding the easements, which legal counsel has not had an opportunity to resolve - D. Berkowitz) 5-c iquor License - Richard Dorsey (see attached letter) ,~ , : I i ~' . i "--,, ~ ,- ~' ,~ ~, CITY of ANDOVER ~, REGULAR COUNCIL MEETING - SEPTEMBER 16, 1975 - AGENDA 1. Call To Order 2. Agenda pproval 3. Approv 1 of Minutes - a. A gust 11, 13, 19, 26, Sept. 2 4. Public - None 5. Petition, Requests, Communications a. A ceptance of 140th Lane as City Street (36-24-321 b. E tension - Cedar Crest 4th Addition c. LOquor License - Dick Dorsey d. C mprehensive Health Dept. 6. Ordinan es and Resolutions ,~, A letic Association , a. <.J b. E tablishment of Parks/Recreation Commission c. o dinance lOB '7. Reports of Officers, Boards, and Committees a. P rsonnel Committee 8. Unfinish d Business a. imal Control Contract b. W NIPSE Employee c. Bi ch Ridge Park Taxes 9. New Bu iness a. D te for Hearing - Jay Street Special Assessments b. A pointment of Auditor for City Audit for period en ingDecember 31, 1975. ¡ 10. Pa yment of Claim s 11. Adjour ent ,..-.. \..J I í I ~ ~ -/ '----" - CITY of ANDOVER ~ R GULAR COUNCIL MEETING - SEPTEMBER 16, 1975 ~ MINUTES The Regular Meeting of the Andover City Council was called to order by Mayor, Richard J. Sch eider, September 16, 1975, 7:30 P.M., at the Andover Community Center, 1685 C osstown Boulevard N. W., Anoka, Minnesota. Councilpersons present: Holasek, Rither, Windschitl Councilpersons absent : VanderLaan Also present: City Attorney, William G. Hawkin.;; City Administrator, Norman J. Werner; City ClerklTreasurer, P.K. Lindquist; Planning & Zoning Chairman, Dave Jack; Parks IRecreation Board Representative, Jerry Lapham; and others. MOTION by Wi dschitl, seconded by Holasek, to approve the agenda as published, and the supple ent with the deletion of Item 3 (Approval of Minutes). Sup lement - elete, 5<,(æ) - 140th Avenue, 5(c) Liquor License - R. Dorsey r"\ dd, 5(c) Temporary Liquor License - Bicentennial Committee I ' 5(e) "Lions Day" Proclamation ''--.J 7(b) LHT - Street Acceptance 8(d) Street Sign Requisition 9(c) Road Acceptance (75-1) 9(d) Hearing Date - Fire Calls I I 9(e) Resolution of Indebtedness (75-1) 9(f) 2-Way Radio Motion carried animously. Cedar Crest - Councilperson indschitl questioned whether or not Ordinance No. 10 would permit and extension 0 time on the Final Plat of Cedar Crest _ 4th. Councilperson Rither sugge sted that torney Hawkins and Mr. Werner 1) determine date o.fuf'inal ~á.pproval, 2) establish wh t portion of the 3rd or 4th Addition received final approval, 3) determine when the Final lat was filed with the City and with the County, and 5) report on the status of the pe formance contract entered into by MayBan on June 20, 1973; and the status of an subsequent contracts. An opinion on the request for the extension of time was als requested from Attorney Hawkins. The above information is to be furnished to e City Council prior to the October 7, 1975 Council Meeting. ,~ Com rehensive Health De artment - Anoka Coun \.j The ildministra or reported that the Anoka County Comprehensive Health Department had requested t meet with the Staff regarding Community needs, after which they wanted to meet ith the City Council. ~ ~, -' ~ " -- Regular Counc'l Meeting - September 16, 1975 Minutes - Page 2 - -- Proclamation - "Lions Da " Mayor Schneid r read a Proclamation declaring Wednesday, October 8, 1975, as "Andover Lions Club Recognition Day". The Council was in complete agreement on said Procla ation. Athletic Associ tion ParkslRecreat on Board Member, Jerry Lapham, reported to the Council information wh ch he had collected regarding the City's financial part in an Athletic Associ tion; and stated that such financial participation would probably be small and s ould only be for one or two years, after which the Association should be well stablished and self- sustaining. The Council was also in receipt of a report from the Administrator with information on"Athletic Ass ciations in adjoining communities. The Council fel that they would like additional d,ata on the legality of the City contributing m nies to organizations such as an Athletic Association. ~ Non-Intoxicatin Malt Liquor License - Bicentennial Committee '~ MOTION by Wi dschitl, seconded by Schneider to approve a temporary Non-Intoxicatin Malt Liquor License for the BÌ!centennial Committee for Saturday, Sept mber 27, 1975. Councilperson Rither questioned Attorney Hawkins on the responsi ility of the City under the "Dram Shop Law", inasmuch as the Bicentennial C mmittee was City sponsored. It was felt that the insurance premiums to c ver the City for this one day would probably exceed the monies made on the 'b er sales' at the Dedication. Motion withdrawn. Establishment fa ParkslRecreation Commission Discussion was had on the number of members, compensation, and Parksl Recreation Boa d recommendations. Mr. Lapham advised the Council that the Board reco mended adoption of the proposed resolutionlordinance establishing th Commission. MOTION by Ri er, seconded by Windschitl, todÊŒer-to,œh:êc0,,¡tøþer7, 1975, Regular Counci Meeting to permit the full Council time to review the proposals. Motion carried unanimously. Ordinance No. OB c-. The Council wa in agreement that this item would require more time than \ - permitted on th s agenda; and that they would like Mr. Rex Stockwell of T. K. D. A. present at the iscus sion. MOTION by Rither, seconded by Windschitl, to table to the Oct ber 7, 1975 Meeting. Vote: Yes - Schneider, Rither, Windschitl; No - Holasek ( elt that this should be handled at a :Special Meeting. Motion carried. ~, ~, - '-' Regular Co ncil Meeting - September 16, 1975 Minutes - P ge 3 ~ ,- Personnel Committee Re ort Committee hairman, Councilperson Rither, briefly reiterated on the September 7, 1975 Personnel Committee Meeting, with Mayor Schneider, Councilpers ns VanderLaan and Rither, and Administrator, N. Werner in attendance. Items discussed were: 1 ) Salaries - ClerklTreasurer and part time cl rical, 2) Staff job descriptions, 3) Staff Benefit Package" .""co ' Commit ee Recommendations Salary ClerklTreasurer Thiå be made a salaried position with the rate of pay being 10% increase over the present average salary earned during previous,_5.months. Reasons: The position was requested by the ClerklTreasurer to be put on salary to 1) permit working as many additional hours as necessary without going on the 1 112 times hourly rate, 2) the position was felt to be of the nature to be salaried, 3¡t was not felt that work hours would decrease; and the - salary corresponded to comparables of --J corresponding communities as shown in the Stanton Report, and the Committee was in agreement to qualifications warranting such and increase, a promotion had been received with no increase in salary previously, and all other City personnel haq received raises On their anniversary dates. Discuss on on the legality of Wage and Hour Law permitting a salary for this position the need for working over 40 hours per week, duties being re- assigne to reliev;ed the ClerklTreasurer, efficiency of the present staff, compar ble salaries, and increased workload. Council erson Rither suggesteq that prior to any action on this recommendation, tHe',Ad inistrator and City Attorney investigate the proposed job description ordinan es; and the position me'eting Wage & Hour Jurisdiction criteria for a salaroed wage. This report to be furnished the Personnel Committe prior to their meeting on September 23, 1975. Salary Part"ti'me Clerical This position be increased 100/0 to a salary of $3."96 per hour. - , Reasons: ClerklTreasurer haq recommended '- this increase based on length of service and responsibility in relationship to other staff person. ~ ~ ~, '~ " -' Regular Meetin - Sept:mber 16, 1975 Minutes - Page 4 ~, ort (Con~~itf)'à91fT Personnel Com ~ MOTION by Windschitl, seconded by Rither, to increase Janett Eveland's salary to $3.96 per hour, effective September 1, 1975. Vote: Yes - Schneider, Rither, Windschitl; Present - Holasek. Motion carried. Ordinance No 3 1 - Aâ.minrs1IT<atø '" - Councilperson Rither read the proposed ordinance Establishing the Position of City Administrator and Defining his IDlties and Responsibilities; and MOTION by Rither, seconded by Holasek, that this ordinance be ~. ,-~'f"'d as written. Motion carried unanimously. ¡:¡;~,'/¡,(f ",>(..".,.'0"',', L.H. &:T. Develo Street Acce tance The Clerk read letter, dated August 29 from T. K. D. A., stating that the streets in question were u to specification; and noted that a "title, (opinion had not been received from the attorne , and that engineering fees, etc., to-'"late had been paid per a pre- conciliation cour settlement in an amount of one half the total bill. Mayor Schneider advised that the uilding Official had called the Administrator for his advice on the settlement after e had not been able to reach the C~Attorney; Mr. Arntzen was '-', advised that he ( ayor Schneider) ;:an,.1 lfl. 7;"c.u.í~.L e inagreernent that a one- ,-.-/ half settlement ould be satisfactory inasmuch as it had been the City's request to have the new ngineering Firm recheck these streets prior to acceptance after they had been ch cked and recommended for approval by the previous Engineering Firm of C. E. D. A lengthy discus sion ensued on only the full Council being able to give approval o pre-court settlements. MOTION by Holasek, seconded by Rither that the 0 e-half settlement be approved on the basis of a just agreement. Motion carried u animously. Councilperson R·ther requested that the Council go on record by Resolution, as relating to L. H. T. road situation and subsequent conciliation court activity; and establish be ond doubt that in future cases similar to this, i. e., any dealings in court when th City Attorney is not present, and the decision involves the expenditures of ity Funds, that th'e City Attorney, City Administrator, City ClerklTreasure be contacted in that order; and that the City Council be contacted and made aware f the situation and their approval be rece Ned prior to any settlement. Animal Control A comparison re ort had been furnished the Council by the Administrator on the ; Blaine-Midway a d M. A. P. S. 1. Contracts. Discussion was had on the costs; I r ---. and the Attorney as asked if it was necessary to accept the lowest recorded I dollar bid. Mr. awkins advised that even though the listed per hour rate may I - be the lowest, th Council would have to determine if this would be actually the lowest bid, a d if total cost appeared to be higher, that low dollar bid could be rejected. ~ ~ ' , ~ Regular Counci Meeting -S-;ptember 16, 1975 Minutes - Page .--, '-~ Aninial Control ontract (Continued) MOTION by Rit er, seconded by Windschitl, to enter into a contract with M.A. P. S. 1., ba ed on comparables as provided by the City Administra.tor, to provide anim 1 control as proposed; and that the contract be effective September 16, 1 75 through December 31, 1976. The City agrees t~ pay M.A.P. S. 1. for services as follows: a.' $10.00 pe hour per ambulance for furnishing Patrol Ambulance (actual time a.." service ~City) b. $ 2. I!>o pr ce for each 24 hours or fraction thereof for boarding any animal inipounded. c. $ 3.00 pr ce per each animal for destroying d. $10.00 pe hour per ambulance for Special Service. Vote: Yes - Rit er, Windschitl; No - Holasek, Schneider. Tie Vote - No decision. 5 -Minute Recess Meeting reconve ed - 10:05 P.M. ,..-. '-J W1N/pSE Em 10 ee MOTION by Rit er, seconded by Schneider, that thé City enter into a contract arrangement wit the State of Minnesota, Department of Employment Services, on the WIN IpSE progra.m; and based on the recommendation of the ClerklTreasurer, we hire Jean Ba cock under this Program at a starting salary rate of $3.25 per hour, with starting dat of October 1, 1975. Vote: Yes - Windschitl, Rither, Schneider; Present - Holas k. Motion carried. BirchRidge Par Taxes Discussion on th City's obligation of paying these taxes inasmuch as they covered the year 1974. was noted that approval or disapproval could be voiced at the time the voucher was presented for payment; however, inasmuch as this was not an ordinary clai , a motion was requested by the Mayor for approval. Street Signs MOTION by Rither, seconded by Windschitl, to authorize the staff to install the necessary stree signs; and authorize the purchase of new signs for those missing or damaged. M tion carried unanimously. (--, i Date of Assessment Hearin - Jay Street 1m rovement - Discussion was ad on Kotke Bus Company's responsibility of accepting a larger percentage of th assessment, inasmuch as they received a greater benefit, etc. · , Regular Council eeting - September 16, 1975 Minutes - Page ,~ ,~ Dateéfor Assess ent Hearing (Continued) MOTION by Rith r, seconded by Holasek, to set October 7, 1975, 7:30 P.M., Andover Commu ity Center, as the Special Assessment Public Hearing for Jay Street Impro ement (75~4); and to authorize the staff to pl'epare the necessary assessment roll and the engineer to prepare information for the Council. Motion carried u nimously. A ointment of MOTION þy Win schitl, seconded by Rither, to re-appoint George Anderson & Associates as au itors for the calendar year ending December 31, 1975. Motion carried unanimo sly. The Attorney not d that the period of November 12, 197!± - January 1, 1975, is to be separate fro January 1, 1975 - January 1, 1976. Road Acce tance MOTION, by Rith r, seconded by Holasek, that the City accept the easement for roadway purposes, drainage and utility easements granted by Dick Gregor, ~ Marjorie Weiss nd James Larson. Motion carried unanimously. '-' Fire Calls c; Cer ification Hearing MOTION by Win schitl, seconded by Rither, to set the date for the Public Hearing on the proposed ire Call Certification for October 7, 1975, 8:00 P.M. Motion carried unanimo sly. Incurrence of In ebtedness Resolution - 75-1 MOTION by H01 sek, seconded by Wi,nds¿ll;"1;l,tibo adopt the resolution as presented by the Farmers orne Administration covering the provisions for the incurrence of indebtedness for the purpose of providing a portion of the cost of acquiring, constructing, en arging, improving and/or extending its sewer collection system. i Motion carried u animously. Birch Ridge Par Taxes (Continued) MOTION by Hol sek, seconded by Schneider, to authorize the Administrator to pay the 1975 tax ill for Birch Ridge Park in the amount of $143.38, plus penalty. Councilperson R ther noted in this regard, "The ¿osts are mounting'!. Vote: Yes - Schneider, Holasek, Windschitl; No - Rither. Motion carried. ,~ -' ~ '------' Regular Council eeting - September 16, 1975 __. Minutes - Page 7 ~ Pa ent of Clai MOTION by Rith r, seconded by Windschitl, to approve vouchers #351 - #371 in the amount of 17,332.03. Motion carried unanimously. Check Si natures - Authorization MOTION by Rith r, seconded by Windschit1, to authorize Janett Eveland to sign voucher s and I or ithdrawàls and deposits in the absence of the Clerk/Treasurer. Motion carried u nimously. Adjournment MOTION by Win schitl, seconded by Rither, to adjourn. Motion carried 1U1animous 1 y. Meeting adjourned: 11 :25 P. M. '..J Patricia K. Lin u ClerklTreasurer ,~. ¡ , -