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HomeMy WebLinkAboutCC September 2, 1986 o CITY of ANDOVER REGULAR CITY COUNCIL MEETING-SEPTEMBER 2, 1986-AGENDA 7:30 P.M. 1. Call to order 2. Resident Forum 3. Agenda Approval 4. Continued Public Hearing/Tax Increment Financing 5. Discussion Items Indian Meadows 2nd Addition Preliminary Plat Hills of Bunker Lake Sketch Plan Gordon Clemens Sketch Plan Anoka/Andover Drainage Agreement Red Oaks Park Activities/Noise Police Report/Speeding/139th Avenue Conroy Assessment Split, Cont. a. b. c. d. 0 e. f. g. h. o 9:30 P.M. 10:00 P.M. o 6. Non-Discussion Items a. Receive Budget b. Award Bid/Projects 86-7 and 86-12 c. Set Assessment Hearings/86-1~ 86-2, 86-3, 86-4, 86-6, 86-9, 86-10, 86-12, 85-16 d. Closed Meeting W/Attorney Dehn's Pond, Cont. 7. Staff, Commission, Committee a. Inclement Weather Policy b. Fire Department Equipment Van Bids c. Agenda Rules d. Street Specifications e. Coon Rapids Joint Powers Agreement 8. Approval of Claims 9. Approval of Minutes 10. Adjournment o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION AGENDA SECTION NO. Public Hearing DATE ORIGINATING DEPARTMENT September 2, 1986 APPROVED FOR AGENDA ITEM Continued Public Hearing/ NO. TIF No. 4 BY: BY: Administration The City Council continued the public hearing for the tax increment financing to allow for the necessary changes to be made. We have oficially presented this plan to the County Board and have delivered a copy to the School District. . . t COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT September 2, 1986 ITEM Sa NO. Indian Meadows 2nd Add. Preliminary Plat BY: Todd Haas BY: Discussion Items Engineering In reviewing the preliminary plat for Indian Meadows 2nd Addition, these deficiencies were noted: 1. Radius of corner block 1 lot 3 for R/W and will be placed on the final plan. 2. Front lot dimensions of block 1 lots 1,2, and 3 were obtained by contacting Lynn Caswell of John Oliver and Assoc., Inc. Land Surveyors. Mr. Caswell has indicated that the front lot dimensions are the same width each front building setback line and will be placed on the final plan. . COUNCIL ACTION ; , ~ MOTION BY TO SECOND BY I o o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION APPROVING THE PRELIMINARY PLAT OF INDIAN MEADOWS 2ND ADDITION BEING DEVELOPED BY NEW GENERATION HOMES (PROGRAMMED LAND, INC.), IN SECTION 19-32-24 AND SECTION 30-32-24. WHEREAS, pursuant to published notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Preliminary Plat of Indian Meadows 2nd Addition; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such action as being 1) the plat is in conformance with the Comprehensive Plan; 2) the plat has been reviewed by the Andover Review Committee; and WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board; and WHEREAS, the City council is in agreement with the reasons given by the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Indian Meadows 2nd Addition subject to the following variances being granted: 1) Lot 2 from the frontage requirements of 165 feet at the setback line; 2) Lots 1, 2, 3 and 4 for the area requirements as the lots will be less than 2~ acres. BE IT FURTHER RESOLVED that the following items must be completed or provided: 1) A deed for 149th Avenue road easement must be provided to the City; 2) An additional assessment of $4,055 must be paid. Adopted by the City Council of the City of Andover this day of , 1986. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Discussion Items DATE ORIGINATING DEPARTMENT September 2, 1986 Engineering ITEM Hills of Bunker Lake Sketch NO. Plan No BY: The City Council is requested to review this sketch plan for Hills of Bunker Lake. We are working with the developers surveyor to eliminate the numerous cul-de-sacs and establish a collector street system. I am not sure a revised plan will be available by delivery Friday. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Septeber 2, 1986 AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGEN ITEM Gordon Clemens Sketch Plan NO. No. 5c Engineering BY: The City Council is requested to review the sketch plan. As of today, Thursday, we haven't received a sketch plan. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 2, 1986 ITEM Anoka/Andover Drainage NO. Agreement No. 5d BY: FOR AGENDA SECTION NO. ORIGINATING DEPARTMENT Discussion Items Engineering The City Council is requested to approve the Andover/Anoka Drainage agreement. This agreement hasn't been completed as of to date. ~ . ~ ~ 3 ~ COUNCIL ACTION MOTION BY TO SECOND BY ~ t ~ i 1 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 2, 1986 ITEM Police Report/Speeding/ NO. 139th Ave. 5. f. BY: vicki Volk APPROVED FOR AG D(P AGENDA SECTION NO. Discussion ORIGINATING DEPARTMENT Attached is Deputy Johnson's report on the speeding in Red Oaks Addition per the Mayor's request. V:Attach. COUNCil ACTION o MOTION BY TO SECOND BY - ~ . . , ~ ~ ~: Andover City Council ~om: Dep. S. Johnson, Andover Date: 8-25-86 Subj: In ref. to the request for a report on speeding vehicles in the Red Oaks Add. The following is in reference to a request made by Mayor Windschit1 for extra patrol during the early part of May, 1986 due to the problem or complaints of speeding vehicles, primarily in the area of 139 Ave. NW, east of Crosstown Blvd. NW. After the request was made, this area has received special attention in the form c::r extra patrol coverage and stationary radar, as the Sheriff's Office logs for the City of Andover will indicate for the months of May and June. A high visibility of a marked squad car in the area was maintained during the first two weeks after the request was made by Mayor Windschit1. During this time, a citation for speed was issued and on another occasion a 3-Whee1er was towed, as it was operating in an illegal manner on the roadway. The area of Red Oaks Add. still is patrolled on a regular basis to date. Since this time of the request for extra patrol, I have personally not received any type of c::>omp1aint while patrolling the City involving speeding vehicles in the area of 139 Ave. It was my observation whi1e~perati"g stationary radar that the majority of the, vehicles encountered were not exceeding the speed limit of 30 mph. by more than 4 or 5 miles per hour over this limit. If there are further complaints of speeding vehicles on 139 Ave.. NW, I have not , . been made aware of them in the form of a'radio call or complaint during the course of my shift. If there is a problem... We will all be willing to once again concentrate our patrol efforts as much as possible to remedy such complaints. All of the Andover Deputies will be happy to cooperate in this matter. o Deputy S. Johnson # 82 Andover /1 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 2, 1986 AGENDA SECTION NO. Discussion ORIGINATING DEPARTMENT Special Assessments APPROVED FOR AGENDA 5.g. BY: Vicki Volk ITEM Conroy Assessment Split NO. Following are the assessments due on the Conroy properties up until October 15, 1986 assuming the yearly payments have been made with the taxes: PIN 33 32 24 11 0018 - Vacant Parcel that is tax forfeit Project Project *project *project $15,979.00 4,811.52 16,200.00 18,418.50 Total $55,409.02 *These assessments have not been certified to the county as yet. The Water Connection charges will be certified this year and the water area charges will be certified in 1987. 76-1 - 7701 85-8,9 85-8,9 Sanitary Sewer Street, storm sewer & 10 - Water Connection & 10 - Water Area PIN 33 32 24 11 0017 - Parcel containing house Project 76-1 - Sanitary Sewer Project 77-1 Street, storm sewer Total $ 2,714.86 2,962.10 $ 5,676.96 The 80 foot strip that the County wants to split off and attach to the parcel with the house is zoned Neighborhood Business while the house is zoned R-4. According to the Auditor's office, they can legally split this without coming to the city because it is a repurchase of a tax forfeit parcel. I explained the two different zoning classifications to them. Jim in the Auditor's office has written to Natalie Haas-Steffen but has not heard from her as of today (8-26-86). COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Non-Discussion Items DATE ORIGINATING DEPARTMENT September 2, 1986 Administration ITEM NO. 6a - Receive Budget BY: Jim Schrantz The City Council is requested to receive the proposed budget for 1987 and schedule a budget hearing. Three (3) dates have been suggested: September 16th, 23rd or 30th. The Budget is presented so the Council can review the summary of the revenues and expenditures, review the LGA 280 form that shows the levy limit and overlevy at a glance. The back-up budget showing each line item is in the back with 1986 and 1987 on opposite pages. The Council should note that summary of the 1986 estimated revenue doesn't include the last revenue sharing payment and the expenditure summary shows an over-budget expenditure under legal payments and insurance premiums that are beyond our control. The format this year is different than the past years. We prepared it this way to eliminate a lot of copying and recopying of numbers. Also the format is the same as the final budget. ' COUNCIL ACTION MOTION BY TO SECOND BY . 1 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 2, 1986 ITEM NO. 6b Non-Discussion BY: Engineering FOR AGENDA SECTION NO. Award Bid/Projects ORIGINATING DEPARTMENT The City Council is requested to approve the Resolutions awarding the bids for Project 86-7, l64th Lane Street Construction, and 86-12, l54th Lane and Nightingale 3rd Addition Street Construction. The final plat and development contract should be a companion Item with awarding 86-12. We haven't received the plat and development contract at this time. We may have to hold the award for the plat. The bids will be receivd tomorrow, August 29, 1986 August 29, 1986 Project 86-7 164th Lane Street Construction BID $33,096.00 About the same as the feasibility report i Project 86-12 154th & N~htingale Estates 3rd Addition . " . 1 ! . . I . ! i BID 87,102.50 About 3% above estimate in feasibility report TOTAL BID PROJECT 86-7 & 86-12 $120,198.50 ~ . 1 . j " . , i I j ~ COUNCIL ACTION i I J 5 i ! MOTION BY TO SECOND BY i . i I o . i o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 86-7 FOR STREET CONSTRUCTION IN THE AREA OF l64TH LANE EAST OF ROUND LAKE BOULEVARD. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution R124-86, bids were received, opened and tabulated according to law for Project No. 86-7, with results as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicate as being the apparent low bidder. BE IT FURTHER RESOLVED to hereby direct the Mayor and Clerk to enter into a Contract with in the amount of $ for construction of Improvement Project No. 86-7 for Street Construction in the area of l64th Lane East of Round Lake Boulevard; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the Contract has been executed and insurance and bond requirements met. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 1986, with CounciLmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolultion was declared passed. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk o o - 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 86-12 FOR STREET CONSTRUCTION IN THE AREA OF 154TH LANE AND NIGHTINGALE ESTATES 3RD ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. R123-86, bids were received, opened and tabulated according to law for Project No.86-12, with results as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicate as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and Clerk to enter into a Contract with in the amount of $ for construction of Improvement Project NO. 86-12for Street Construction in the area of 154th Lane and Nightingale Estates 3rd Addition; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the Contract has been executed and insurance and bond requirements met. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 1986, with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. N DO 0 I on- ~scuss~on tems DATE ORIGINATING DEPARTMENT September 2, 1986 ITEM Set Assessment Hearings NO. Engineering 6c BY: Jim Schrantz The City Council is requested to approve the resolution declaring the cost and ordering the preparation of the assessment roll and setting a date for public hearing for the following projects: 85-16; 86-1; 86-2; 86-3; 86-4; 86-6; 86-7; 86-9; 86-10; 86-12. The Council in the past has preferred a not regular meeting date. Recommend 9/23 or 9/30. 9/30 will give us the most time to prepare - the notices and roll. COUNCIL ACTION MOTION BY TO SECOND BY o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 86-1, CREEK RIDGE ESTATES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street con- struction, Project No. 86-1 in the Creek Ridge Estates area, and the con- tract price for such improvement is , and the expenses incurred or to be incurred in the making of such improvement amount to and work previously done amount to , so that the total cost of the improvement will be NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be and the amount of the cost to be assessed against benefited property owners is declared to be BE IT FURTHER RESOLVED that the City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. ; BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at P.M., , SEPTEMBER , 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will-be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of . 1986 with Councilmen voting in favor of.the resolution, and Councilmen voting against, whereupon said resolution was declared passed. o CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 86-2, SMITH'S GREEN ACRES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street con- struction, Project 86-2 in the Smith's Green Acres area, and the contract price for such improvement is , and the expenses incurred or to be incurred in the making of such improvement amount to and work previously done amount to , so that the total cost of the improvement will be NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be and the amount of the cost to be assessed against benefited property owners is declared to be BE IT FURTHER RESOLVED that the City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at P.M., , SEPTEMBER , 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman Meeting this and adopted by the City Council day of 1986 with at a Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. o CITY OF ANDOVER ATTEST: Jerry Winds chit I - Mayor James E. Schrantz - City Clerk o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 86-3, BUNKER LAKE ~OULEVARD - THRUSH TO ZILLA STREET. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street con- struction, Project NO. 86-3 in the BLB - Thrush to Zilla Street, and the contract price for such improvement is , and the expenses incurred or to be incurred in the making of such improvement amount to and work previously done amount to , so that the total cost of the improvement will be NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be and the amount of the cost to be assessed against benefited property owners is declared to be BE IT FURTHER RESOLVED that the City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at P.M., , SEPTEMBER , 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman and adopted by the City day of Council at a 1986 with Councilmen Meeting this voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT 86-4, HIDDEN CREEK. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street construction, Project 86-4 in the Hidden Creek area, and the contract price for such im- provement is , and the expenses incurred or to be incurred in the making of such improvement amount to and work previously done amount to , so that the total cost of the improvement will be NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be and the amount of the cost to be assessed against benefited property owners is declared to be BE IT FURTHER RESOLVED that the City Clerk, with assistance of the City Engineer shall forthwith calculate the proper amount to be speciallly assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed asssssment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at P.M., , SEPTEMBER , 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. Council at a Meeting this and adopted by the City day of ~ MOTION seconded by Councilman 1986 with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER. STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT 86-6, HIDDEN CREEK 2nd ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street construction, Project 86-6 in the Hidden Creek 2nd Addition area, and the contract price for such improvement is , and the expenses incurred or to be incurred in the making of such improvement amount to and work previously done amount to , so that the total cost of the improvement will be NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be and the amount of the cost to be assessed against benefited property owners is declared to be BE IT FURTHER RESOLVED that the City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at P.M., , SEPTEMBER , 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements wil~..be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman and adopted by the City day of Council at a 1986 with Councilmen Meeting this voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o NO. MOTION by Councilman to adopt the following: o A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT 86-9, WOODLAND TERRACE 4th ADDITION, LILY STREET, ROUND LAKE BOULEVARD, 133rd LANE AND 134TH AVENUE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of water- main, sanitary sewer, storm drainage and bituminous street construction, Project 86-9 in the Woodland Terrace 4th Addition, and the contract price for such improvement is , and the expenses incurred or to be incurred in the making of such improvement amount to and work previously done amount to , so that the total cost of the improvement will be NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be and the amount of the cost to be assessed against benefited property owners is declared to be BE IT FURTHER RESOLVED that the City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the distsrict affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at P.M., , SEPTEMBER , 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman and adopted by the City Council at ] a Meeting this day of 1986 with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon. said resolution was declared passed. o CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 86-10, HIDDEN CREEK 3rd ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street construction, Project NO. 86-10 in Hidden Creek 3rd Addition, and the contract price for such improvement is , and the expenses incurred or to be incurred in the making of such improvement amount to and work previously done amount to , so that the total cost of the improvement will be NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be and the amount of the cost to be assessed against benefited property owners is declared to be BE IT FURTHER RESOLVED that the City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at P.M., , SEPTEMBER 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman at a with Councilmen Meeting this and adopted by the City Council day of 1986 voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk . , o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATERMAIN AND SANITARY SEWER CONSTRUCTION FOR PROJECT NO. 85-16 WEST OF ROUND LAKE BOULEVARD NORTH OF SOUTH COON CREEK DRIVE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain and sanitary sewer construction, Project No. 85-16 in the area west of Round Lake Boulevard north of South Coon Creek Drive, and the contract price for such improvement is , and the expenses incurred or to be incurred in the making of such improvement amount to and work previously done amount to , so that the total cost of the improvement wi 11 be NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be and the amount of the cost to be assessed against benefitted property owners is declared to be BE IT FURTHER RESOLVED that the City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the comletion of such proposed assessment, notify the Counci 1 thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments sha 11 b e he 1 d a t P . M. , , S e p t e m b e r , 1 986, a t the Andover Ci ty Hall, to pass upon such proposd assessments. At such time all persons owning p.r;operty affected by these improvement will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. . 1 1 MOTI ON seconded Council at a with Counclmen voting in favor voting against, by Councilman Meeting this and adopted by the City day of , 1986, of the resolution, and Councilmen whereupon siad reoslution was declared passed. CITY OF ANDOVER o ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. o Q MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 86-12, 154th LANE AND NIGHTINGALE ESTATES 3rd ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street con- struction, Project NO. 86-12 in 154th Lane and NIghtingale Estates 3rd Addition, and the contract price for such improvement is , and the expenses incurred or to be incurred in the making of such improvement amount to and work previously done amount to , so that the total cost of the improvement will be NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be and the amount of the cost to be assessed against benefited property owners is declared to be BE IT FURTHER RESOLVED that the City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in this office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Counci 1 thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at P.M., , SEPTEMBER , 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman City Council at a Meeting this , 1986 with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared and adopted by the day of o passed. ATTEST: CITY OF ANDOVER Jerry Windschitl - Mayor James E. Schrantz - City Clerk o ! ~ 10 l o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 86-7, 164th LANE EAST OF ROUND LAKE BOULEVARD. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street con- struction, Project NO. 86-7 in 164th Lane East of Round Lake Boulevard, and the contract price for such improvement is , and the ex- penses incurred or to be incurred in the making of such improvement amount to and work previously done amount to , so that the total cost of the improvement will be NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be and the amount of the cost to be assessed against benefited property owners is declared to be BE IT FURTHER RESOLVED that the City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at P.M., , SEPTEMBER , 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman and adopted by the City Council at a with Councilmen Meeting this , 1986 day of voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 2, 1986 AGENDA SECTION ORIGINATING DEPARTMENT NO. Staff, Committee, etc. ITEM NO. Inclement Weather Policy BY: FOR 7.a. Attached is the policy on Inclement Weather as suggested by Councilman Elling. This would be policy #16 of the Administrative Policy. v ~ o MOTION BY TO COUNCIL ACTION SECOND BY POLICY NO. l6 - INCLEMENT WEATHER {Effective o I. Policy Whenever non-exempt exmployees are unable to report to their assigned work place for the time periods designated by the City due to weather conditions (such as, but not limited to, snow, flooding, ice, etc.) such employees will not be compensated for the assigned work time not worked. Employees desiring to use accumulated compensatory time and/or vacation time for such non-work time may do so only with specific written authorization from their supervisor. Exempt employees are responsible for the performance of any duties not performed due to their temporary inability to report to their work place for assigned duties due to inclement weather. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ~pp+pmnor? 1~~6 ITEM NO. Agenda Rules 7.c. BY: Vicki Volk ~~~i~~ FOR B:;(} IfjJ V AGENDA SECTION ORIGINATING DEPARTMENT NO. Staff, Committee, Commis~ ion Attached is an amendment to Ordinance 66 as suggested by Councilman Elling. This amendment simply changes the order of the agenda for Council meetings. V:Attach. . COUNCIL ACTION .. o MOTION BY TO SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 66A AN ORDINANCE AMENDING ORDINANCE NO. 66, AN ORDINANCE ESTABLISHING RULES FOR THE ORGANIZATION AND PROCEDURE FOR THE CITY COUNCIL. THE CITY COUNCIL OF ANDOVER ORDAINS: Ordinance 66 is hereby amended as follows: SECTION 4. ORDER OF BUSINESS Subdivision 1. Each meeting of and place appointed therefore. in the following order: the Council shall convene at the time Council business shall be conducted 1) Call to order 2) Resident Forum 3) Agenda Approval 4) Discussion Items 5) Neft-Bisetlssieft-f~ems Reports of Commissions, Committees & Staff 6) Reper~s-ef-€emmissieftS7-€emmi~~ees-&-S~aff Non Discussion Items 7) Approval of Minutes 8) Payment of Claims 9) Adjournment Adopted by the City Council this day of 1986. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 2. 1986 ITEM NO. DEHN'S POND BY: Vicki Volk AGENDA SECTION NO. ORIGINATING DEPARTMENT This item is continued from several previous meetings. Please bring your materials with you. MOTION BY TO COUNCIL ACTION SECOND BY o DATE ORIGINATING DEPARTMENT CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 5err 2c /7$b AGENDA SECTION NO. Staff, Commission, Committee Administration ITEM NO. 7e. Coon Rapids Joint Powers A reement BY: James E. Schrantz The City Council is requested to review and give tentative approval to the attached Joint Powers Agreement with Coon Rapids on the Storm Drainage - Andover Project 86-21. We can discuss any further questions with Coon Rapids on September 8, 1986 at 7:30 p.m. at the joint meeting between the two City Councils. COUNCIL ACTION MOTION BY TO SECOND BY o DRAFT - 2 A JOINT POWERS AGREEMENT BY AND BETWEEN THE CITIES OF COON RAPIDS AND ANDOVER FOR THE CONSTRUCTION OF CERTAIN PUBLIC UTILITIES IN THE CITY OF COON RAPIDS This agreement made and entered into this day of 1986, by and between the City of Coon Rapids, a municipal corporation, hereinafter referred to as "Coon Rapids", and the City of Andover, a municipal corporation, hereinafter referred to as "Andover". WITNESSETH: WHEREAS, Coon Rapids and Andover share a common border, and WHEREAS, development in both cities along said common border is either occurring or is expected to occur within the near future, and WHEREAS, Coon Rapids proposes to construct storm drain improvements which will serve areas in Andover as well as areas in Coon Rapids, and WHEREAS, a determination has been made by the City Councils of both communities that such improvements should be constructed, and WHEREAS, the topography of the area makes it desirable to serve a part of the City of Andover through the Coon Rapids system, and WHEREAS, the cities have mutually agreed that the cities share in the costs of such improvements on the bas is of the re 1 at i ve benefit to prop- erties lying within each municipality. NOW, THEREFORE, it is stipulated and agreed by and between the par- ti es hereto that pursuant to the authori ty under Mi nnesota Statutes Secti on 471.59, the parties do mutually enter into a Joint Powers Agreement for the o construction of certain public improvements which will benefit both com- munities in accordance with the following terms and conditions, to-wit: 1. A trunk storm drai n system wi 11 be constructed by Coon Rapi ds which will have the capacity of draining 126 acres within Andover as deli- 1 o neatedand explained in the feasibility study prepared by BRW, Inc. entitled Feasiblity Study, Improvement Project 86-16, Oaks of Shenandoah 9th Addition. 2. The cost of constructing said trunk storm drain system shall be shared on a proportional basis based upon weighted acreage in each community. For the purposes of determi ni ng wei ghted acre, hi gh 1 ands are gi ven a factor of 1, lowlands a factor of 3/10 and wetlands a factor of 1/10. The basis for determining lowland and wetland weighting factors is established according to Exhibit A which is attached hereto and made a part hereof. The trunk storm drain system shall be constructed in phases with an estimated cost of the ~ 1/#1 X 7g,'7- total system of ~O per weighted acre. Andover's share of the cost of the q Z I 3 rei- system is estimated at $g~,567.30. Final determination of the rate per acre shall be made as part of Coon Rapids assessment of Improvement Project 86-16. Andover agrees to pay its share of the cost of the system at such time as deve 1 opment occurs in Andover. Interest wi 11 be added to such payments by Andover at a rate of eight percent (8%) per annum from the date of assessment of Project 86-16 by Coon Rapids. 3. The first phase of the storm drain trunk system from the storm water detention pond west of Osage Street to Jay Street, although lying within Andover, will be constructed by Coon Rapids. All future phases wi 11 be constructed pursuant to separate agreements. 4. Future storm drain lateral systems lying within Andover, and which discharge into the trunk system located in Coon Rapids, will be constructed and maintained by Andover. Each City will be responsible for the maintenance of those portions of the storm drain system which lie within their respective communities. 5. This agreement shall become binding and effective on adoption by o the City Councils of each community and upon the execution of this agreement 2 -0 -;;;. o = 1 as herein provided. IN WITNESS WHEREOF, the parti es hereto have executed thi s agreement by their duly authorized officers and have caused their respective seals to be hereto affixed. CITY OF COON RAPIDS By: Robert B. Lewis, Mayor (SEAL) By: Robert D. Thistle, City Manager CITY OF ANDOVER (SEAL) By: 3 -0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Approval of Minutes DATE September 2, 1986 ORIGINATING DEPARTMENT ITEM NO. 9 BY: Vicki Volk BY: The Council is requested to approve the following minutes: August 13, 1986 Special Meeting (Knight absent) 0 - August 19, 1986 Regular Meeting - August 26, 1986 Special Meeting August 27, 1986 Special Meeting - - COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 2, 1986 Engineering FOR AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. Hand Out BY: James E. Schrantz The City Council is requested to review for consideration the attached information on Insurance and Liability coverage that various cities are providing for their Councils, Commissioners, and staff. Attached is what Brooklyn Park has done. Curtis Pearson is the Attorney for the Lower Rum River Water Management Organization. MOTION BY TO COUNCIL ACTION SECOND BY o o Q \... LAW OFFICES WURST, PEARSON, LARSON & UNDERWOOD A PARTNERSHIP O~ PROFESSIONAL. ASSOCIATIONS 1100 F"IRST BANK PLACE WEST A. THOMAS WURST. PA. CURTIS A. PEARSON. P.A. .JAMES D. LARSON, P.A THOMAS F. UNDERWOOD, P.A. ROGER J. FELLOWS MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 338.4200 August 22, 1986 Mr. James E. Schrantz, Chairman Lower Rum River Watershed Management Organization 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 Re: Insurance and Liabil ity Dear Jim: At the last meeting you asked me about potential liability for yourself and other members of the Lower Rum River Watershed Organization as it relates to the insurance or defense costs and indemnification. I told you that I had drafted an ordinance for Brooklyn Park and a resolution for Mound which were a little different, but that I would share these things with you and that maybe you and the other officers would like to have that kind of material incorporated into your own ordinances. I think you will find that your city councils will be quite sympathetic because it not only applies to staff members, it also applies to planning com- missioners, board.of zoning appeal members, park and recre- ation members, etc; and I think it realistic in that it points out the real world in which we all live making controversial decisions. At your direction, I am sending you a copy of these documents and also sending a copy to each of the other com- missioners and to Bob Johnson. If you have any questions or comments concerning the material, please let me know. Very truly yours, ~' ~ Curtis A. Pearson CAP/ej Enclosure cc: Pete Raatikka John Weaver Tom Nathisen Bob Johnson o o o RESOLUTION NO. RESOLUTION AUTHORIZING INDEMNIFICATION OF DEDUCTIBLE AMOUNTS FOR PUBLIC OFFICERS WHEREAS, the City currently has a policy of insurance providing protection for public officers and an employee's liability policy, and WHEREAS, said policy contain s a $200 deductible, and WHEREAS, Minnesota Statutes 466.07 provides that the Council may defend, save harmless, and indemnify any of its officers and employees, whether elective or appointive, against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of duty, and HHEREAS, under Subd. la of Section 466.07, the statute states, "Each municipality or any instrumentality thereof shall indemnify and provide defense for any employee or officer against judgments or any amounts paid in settlement actually and reasonably incurred in connection with any tort claim or demand arising out of an alleged act or omission occurring within the scope of his employment or official duties, subject to the limitations set forth in section 466.04", NOW, THEREFORE, BE IT RESOLVED BY THE MOUND CITY COUNCIL: 1. The City shall reimburse or pay the $200 deductible amount contained in the current public officer and employee liability policy. 2. City officers, whether elected or appointed, shall be protected against any tort claim or demand and shall be protected and indemnified in accordance with the provisions of M.S.A. 466.07. Mayor Attest: Clerk Section 201:100 o Section 201:100. Defense and Indemnification of Officers and Employees of the City. Subd.1. Pur~ose. In recent years there has been a loss of sovereign ~unity for municipal functions and employees and a trend has developed wherein municipalities, their officers, employees and agents have b~en joined in litiga- tion and a number of these lawsuits have been filed naming officers, employees and agents'individua11y in lawsuits. As a result of this trend in the law, it becomes more difficult to obtain the services of citizens who are re- luctant to volunteer for service in municipal government and to assume individual 1iabil ity Hhen acting in behalf of the City. City council members, employees and office~s are in the normal course of events participants in many controversial decisions which result in lit ig at ion and &Jbject the individuals to concern regarding personal liability. o It is the purpose of this ordinance to unequivocally state that the City of Brooklyn Park will protect its City officials elected or appointed, including members of the Planning Commission, Board of Zoning Appeals, Park and Recreation Commission, and other Commissions appointed by the City Council in performing their duties to promote the public health, safety and general welfare. Public officials must be in a position to make decisions when they ar~ needed and to act to implement decisions of the City Council. Action on controversial subjects and implementing policy decisions can and will result in errors on the part of an employee or an elected or appointed official, and it is determined that it is better that said officials act and risk some error and possible injury from such actions rather than not to act at all. The public health, safety and general welfare will be pro- moted and preserved by providing assurances to these individuals that they will be supported by the municipality in carrying out their official duties. Subd. 2. Defense and Indemnification. The City shall defend, save harmless and 1ndemnify any of its officers and employees, whether elected or appointed, and specifically including members of its advisory commissions, against any tort, claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of their duty. This responsibility to defend and indemnify does not apply in cases of malfeasance in office or willful or wanton neglect of duty. o Section 201:100 added by Ordinance #1979-310(A) Section 201:100 Subd. 3 o Subd. 3. Defense Counsel. The City Council will designate the City Attorney or legal counsel representing an insurance carrier for the City to defend the City's employees and officers against all such lawsuits wherein the employee or officer is individually named as a defendant. The City shall continue to represent the employee or officer if the decision is appealed to a higher court, or the City Council may authorize the appeal of any decision against the officer or employee to a higher court. Subd. 4. Right to Personal Counsel. The provisions of this Section of the administrative code shall not supersede or preclude the officer's or employee's right to retain at his own expense his personal legal counsel to provide for his defense. The determination as to whether to use the City's legal counsel, for which the City shall be responsible for defense costs, or whether the officer or employee chooses to use his own individual counsel at his own expense, shall be at his option, and if the official selects his own attorney, this shall relieve the City from all present and future obligat ions as they relate to any defense' or indemnification of the officer or employee for the alleged tort, claim or demand. o o Section 201:100 added by Ordinance #1979-310(A) _ _~JW~OqDLAN:DDEVELPpMENT 80,.- i_ -/-'suifd 10 AnQn.OfficeCenter i ;. - '.- -",:: -, : ~-.- - - : -' - '- - "" >- - -. ; ~ - '. - , ~~:2i50Thlrd Avenue North .. -~~~~~r~~~n?~,.Minne$o~55303 . - -- <l- - .'