HomeMy WebLinkAboutCC December 2, 1975
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Clry of ANDOVER
~.~.. REG LAR CITY COUNCIL MEETING - D.ECEMBER 2:), 1975
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AGENDA
Sp cial Meeting with Charles Weaver
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1. Cal to Order
2. Ag nda Approval
3. roval of Minutes - October 27, November 4, 10,12,13,18
4. Pu lic Hearings -
a. 174th Avenue Street Improvement
5. Pet tions, Requests, Communications
a. Request for Park Board Tape Transcriptions
b. Member for Bikeways Committee - J. Lapham
c. Snow plowing Contract Changes
6. Or inances and Resolutions
() a. Weed Ordinance
b. Parking Ordinance
7. Re of Officers, Boards, and Committees
a. Feasibility Report - Improvements to Green Acres,
Northwoods, Red Oaks Manor 1,2,3,4. - Engineer
b. Personnel Committee Report
8. Old Business
a. 140th Lane_Street Acquisition
9. Ne Busines s
Firearms
Oak Wilt Program
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10. ent of Claims
11. Adj urnment I
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CITY of ANDOVER
REG LAR CITY COUNCIL MEETING - DECEMBER 2, 1975
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MINUTES
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The Regular Bi Monthly Meeting of the Andover City Counc il was called to order
by Mayor Richa d J. Schneider, 7:30 P.M., December 2, 1975, at the Andover
City Hall, 1685 Crosstown Boulevard N. W., Anoka, Minnesota.
Councilpersons present: Holasek, Rither, VanderLaan, Windschitl
Councilpersons absent : None
Also present: City Engineer, D.R. Kasma; City Attorney, W.G.Hawkins;
City Administrator, Norman Werner; Planning & Zoning
Chairman, David Jack; City Clerk/Treasurer, P. Lindquist;
and approximately 35 residents.
S ecia1 Discuss on with Metro olitan Council Re resentative, Charles Weaver
Mayor Schneide introduced Mr. Weaver to the Council and audience. The Council
presented quest ons on the following: (Mr. Weaver's responses shown in parentheses.)
1) Metrop litan Council total budget - ($4,000,000.00, with approximately one
half of this collected through taxes.), 2) Planning Bill - (Recommends a PubHc
Hearing pr"or to Council's policy statements, not only on the Planning Bill but
other actio as well; '", B'µblic Hearing on the Planning Bill will be scheduled
,~, sometime i January, 1976, with the notice of same appearing in the Council
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~ Newsletter.), 3)Public vs Private Enterprise - (Prefers and wants private and
sometimes can operate better and less expensively than public.), 4)Buses for
Handica ppe - (Agreed that if all buses were so designated, travel time could
be slowed t a point that it would create a problem.), 5) Metropolitan Council's
"Take-Ove " of local governments_ (Could not see where this could ever
happen.), 6) Metropolitan Council staff and member make-up - (Now feels
that in man areas, representatives should be elected or appointed by local
elected offi ials.), 7)Metropolitan Transit Corporation - (Did not know if
public bus rivers received higher salaries than those driving privately
owned bus e . The transit maps should indicate whether or not Andover is
included in e system.), and 8) Airport - (Has not heard any mention of the
airport in t e north area--thoughts at the present time are being consentrated
in the Lake Elmo area. )
Agenda A rova
MOTION by Wi dschitl, to table Item #3 (Approval of Minutes) to December 4, 1975,
7:00 P.M.; Ite 6-a (Weed Ordinance), to be taken up when time is available; add
8-b (Letter reg rding improper action by Cecil Heidelberger); add 6-c (Sanitary
Sewer Ordinanc Correction. Motion died-no second. (Council felt that minutes
should be appro ed at a Regular Council Meeting, and that there had already been
('I one postponeme t on four sets of minutes -should not be another. )
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Regular Counci Meeting - 12/2/75
Minutes - Page 2
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MOTION by Wi dschitl, seconded by VanderLaan, to move Item #3 (Approval of
Minutes) to Ite #10; add 6-c (Sanitary Sewer Ordinance Correction), Item 8-b
(Heidelberger a tion), 8-c (Check Authorization - 75-2 Condemnation); delete
Item 6-a (Weed Ordinance). Motion carried unanimously.
Re uest for Pa k Board Ta e Transcri tions
MOTION by Va derLaan, seconded by Rither, to direct the Clerk to duplicate the
two Park Board tapes in question, and may have permis sion to accept the offer
from Jerome L pham to use his tape duplicator; and that copies be given to
Walter Arntzen in order that he may have transcriptions prepared himself.
Motion carried animous1y.
Bikeways-Walk a s Committee
Discussion on ding a study for bikeways and walkways for the City of Andover.
Jerome Lapham has represented the City at the Anoka County Bikeways Committee
Meetings. MO ION by VanderLaan, seconded by Rither, to establish an Andover
Bikeway- Walkw y Planning and Study Group; J. Lapham to submit to the Council
/, a list of person he recommends for membership. Motion carried unanimously.
~' It was noted tha an article should be placed in the legal newspaper asking for
volunteers for t is group.
Pµblic Hearing 174th Lane N. W. Street 1m rovement (75-6)
Engineer Kasm read a letter, dated October 21, 1975 (Exhibit "A", attached),
covering the pr posed gravel surfacing on 174th Avenue N. W.. The following
citizens present d testimony covering the proposed improvement: (Staff comments
noted in parenth ses.)
Patrick Mu hy - 3154 174th Avenue N. W.
Asked if th road would be surveyed and placed in the correct place as shown
on the deed ; was concerned about a drainage problem and the loss of trees
if the road ere to be moved; and if an apron of blacktop would be used onto #9,
and the cos difference between Class #5 gravel and blacktop.
(D.R. Kas a - Did not anticipate moving the road-would discuss with the
property ow ers before anything was done. Estimated $7.00 to $7.10 p. f. f.
for blackto ing a 32' roadway with ß' bituminous curbing. Thought that
perhaps the County would cover the costs of the bituminous apron on to
C. S. A. H. #9.)
,~, James She ard - 3023 174th Avenue N. W.
" Asked why e road showed a 60' right-of-way; and what would be wrong with
- Just'placing gravel on the street as it now is.
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Regular Counci Meetfug - 12/2/75
Minutes - Page 3
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Public Hearin - 174th Avenue (continued)
(D. R. Kas a _ 1/2 Section maps show a 60' right-of-way- part of this is
for easeme ts, and not the full 60' will be used for roadway. A standard
must be m intained on all city streets, which is why l74th Avenue N. W.
will requir the additional w0V¡, to meet this standard.)
(Councilpe son Holasek - The roiJ:;{rrs could do the work, but it would
still have t 'meet City standards. )
Donna Gra - 3054 174th Avenue N. W.
Stated that he believed the taxes paid by the residents should cover the
costs of th improvement and that there should not be a special assessment.
Asked whe e the gravel would be purchased, and if the property owners
could purc ase the gravel and spread it themselves in an effort to cut costs.
(Mayor Sch eider - The City is not in a position to finance all road projects
out of the eneral Fund. )
(Councilperson Holasek - fì g,,0licy had ~oPted by the Council in that
benefitted roperty ownen ~a'¡"~ e lal assessments.)
(D. R. Kas 'a _ Had estimated the p:roject costs high; and the gravel would
be purchas d by whomever received the bid. Yes, the residents could buy
the gravel nd spread it themselves, however, City standards would have to
.-c, be met reg rdless of who completed the improvement.)
~ Enock Olse - 3055 - 174th Avenue N. W.
Asked for t e interest arrDunt, and questioned the necessity of coming to a
decision at is time.
(D.R. Kas a - The interest would probably be 8%. The Council has called
this hearin to get testimony and recommendations from the property owners_
a final deci ion would not have to be made at this meeting.)
General discuss 'on on gravel vs. blacktop, costs, project covered by this hearing
(Attorney Hawki s noted that if the residents wanted blacktop, a'comp1etely new
and revised pub ic hearing would have to be ordered. )
The residents r quested time to think over the alternatives. MOTION by
Windschitl, sec nded by Ho1asek, to continue the 174th Avenue Street Improvement ;
Public Hearing o December 16, 1975, 7:45 P.M.. at the Andover City Hall, i
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1685 Crosstown Boulevard N. W. Motion carried unanimously. ,
Snow lowing Co tract Chan es i
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Mr. Kraabe1 (S owp10wing Contractor) was asked the amount of equipment he had I
available to ser ice Andover, to which he replied that he had two vehicles for
~ Andover and two for Ham Lake.
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A lengthy discussion was had on the problems incurred both by residents and the
contractor follo ing the November 20 snowfall. Mr. Kraabel noted that the
condition of the treets prior to the snowfall, and being "not ready" contributed
to the extreme t me taken to clear the roads in the City.
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Regular - 12/2/75 '__J
Minutes
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Mr. Robert Dil on of 159th Avenue N. W., suggested using motor patrol to do
the plowing, ho ever, was informed that the cost factor would almost make it
prohibiti ve, du to the very slow speed.
MOTION by Ho asek, seconded by Schneider, to approve the rates of $18. 00
per hour for th trucks and $17. 00 per hour for the Cat" 12", effective to
April 30, 1976, and retroactive to November 13, 1975. Motion carried unanimously.
Parking Ordina ce
MOTION by Wi dschitl, seconded by Rither, that the Parking Ordinance be
referred back t Planning and Zoning along with a copy of the attorney's opinion.
Motion carried animous1y.
Sanitary '::>ewer rdinance Correction
Attorney Hawki s report ed that he had reviewed the propos ed change in
Section VII(A), 'ne 1.. . .. 'On vacant lots.. . .. . . " to "For lots vacant as of
the effective da e of this ordinance, there...... " , and found it to be in order
and necessary.
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'--- MOTION by Va derLaan, seconded by Rither, to rècpÌlsìdeiL,thie';Inptioil'.:of
November ß.,"Ð, 1975, adopting the Public Sanitary Sewer Ordinance No. 32.
Motion carried animously.
MOTION by Ho asek, seconded by Rither, to adopt the Public Sanitary Sewer
Ordinance No. 2, to include the proposed change on Line 1, Section VII (A).
Motion carried animous1y.
lXive-,minute Re ess
Meeting reconv ned - 10:05 P.M.
MOTION by Rit er, seconded by VanderLaan, to adopt a resolution to
establish a per it fee of $2.50 as proposed for sewer pumping; said permit ;
to be obtained b the Sewage Pumping Contractor. Motion carried unanimously.
Feasibilit rovements to Green Acres, Northwoods, Red Oaks
Engineer Kasm read a report to the City Council, dated December 2, 1975
,r. (12/2/75, Exhib't "B" on file with Clerk). He noted the importance of avcepting
this Feasibility eport and ordering a Public Hearing as soon as possible in order
-~ to permit the le ing of bids very early in the spring when the possibility of
securing the be t bid price is optimum. Mr. Kasma suggested thatif the Council
was reasonably ure that even a portion of the project would be ordered, they
could authorize . K. D. A. to proceed with final plans prior to the Public Hearing.
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Regular Counci Meeting - 12/'2/75
Minutes - Page 5
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MOTION by Va derLaan, seconded by Rither, to accept the Feasibility Report
for the Improv ments in Green Acres, Northwoods, and Red Oaks Additions,
and call a Pub1'c Hearing on the improvement for Thursday, January 8, 1976,
7:30 P.M. at t e Meadowcreek Bapti-st Church, 2937 Bunker Lake Boulevard N. W. ,
Anoka, Minnes ta; with notice of such hearing to be mailed to the affected property
owner s . Motio carried unanimously.
MOTION by Va derLaan, seconded by Rither, that the City Council au_
T.K.D.A., an xpenditure of an additional $5,000 for preparation of p h"Uld.fy
plans in ,connec ion with the improvement of sanitary sewers, storm sewers,
and blacktop st eets in each/all of Northwoods, Green Acres, and Red Oaks Additions,
a s outlined in r. Kasma's Report of December 2; and that the City Engineer
submit the pre- pplication to F. H.A. for procurement of a loan and/or grant to
finance the proj ct. Vote: Yes - Holasek, Rither, VanderLaan, Schneide r; No -
Winqs'cihitl (W ai until project is ordered before expending any additional funds.)
Personnel Re 0 t
The Employee enefit Package was discussed briefly; a minor change was made
on page 1 (Wor Time, line 3) _ change "required" to "authorized ". Final action
- on the Group In urance was postponed until December 4, with action on the
'..-- entire Package n December 16.
140th Lane N. uisition
Mr. David S:¡;yk lski of 752 - 140th Lane N. W. questioned the $50.00 request
for escrow dep sit from each resident; and noted that the road has always been
maintained. At orney Hawkins advised Mr. Szykulski and Mr. Paul Olson of
the necessity of obtaining the owners and encumbrancers abstracts. MOTION
by Rither, seco ded by VanderLaan, to direct the City Staff to prepare a
resolution directing the City Attorney to determine whether or not 140th'Lane N. W.
has been in the st, dedicated to the former Grow Township, now City of Andover,
and, if not, the ity Attorney be authorized to expend an amound not to exceed
$300 for prepar tion of necessary owners and encumbrancers abs'tracts to !
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determineresp nsibility relative to the City's acceptance Or rejection of the
right-of-way on the street. Vote: Yes - Schneider, Rither, VanderLaan,
Windschit¡; No - Holasek (Did not feel that the City should absorb the costs
involved, and w s a matter in which the benefitted property owners should pay.)
Motion carried.
,/', The Council not d that they had been made aware of actions by Cecil Heidelberger, I
that being the p sting of materials considered improper for public display and
,,' general distribu 'on. A one hour discussion was had on the acceptance of ,I
responsibility f r l)using City property to copy the cartoons, 2) posting of
the material on e bulletin board.
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Regular Counci Meeting - 12/2/75
Minutes - Page 6
'- Heidelberger (continued)
Mr. Heidelberger state,d that he did place one of the cartoons on the bulletin board;
and he and the ther Park/Recreation Board members present infor med the Council
that the additio al copies were just left available for other board members and/or
guests, and tha a City Staff Member In'Ð't ppê~êfitT:\J;:t\!this meeting) had voluntarily
made the copie . MOTION by Windschitl, seconded by Holasek, that the
Park/Recreati ~r~ ~airman, Jerry Lapham's explanation was a reasonable
one, and thai! ' lA, 'Mk,
ei e1 erger be sent a letter of reprimand relating to the
incident and the posting of the cartoonsson the City Hall bulletin board.
Vote: Yes - Ho asek, Schneider, Windschitl; No - VanderLaan, Rither (Did not
believe that a 1 tter of reprimand was severe and appropriate enough for a matter
of this seriousn ss. Motion carried.
Check Authoriz tion - Sonsteb Condemnation
Attorney Hawki s gave a brief report on the Condemnation Proceedings and
Judgement cove ing the above; and a'Jaquested approval of the follówing charges
in order that th City ma'y, take possession:
$775.00 - ondemnation Award to Mrs. Sonsteby for the easement.
300.00_ rs. Sonsteby's appraiser
~ 350.00 - ityappraiser
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~ 385.20 - 1 Kordiak - Commissioner
386.70 - urt Larson _ Commissioner
368.40 _ alco1m Allen - Commissioner
400.00 - 500.00 _ Legal fees
MOTION by Rit er, seconded by VanderLaan, to authorize payment of fees and
costs as listed y Mr. Hawkins, in the matter of the Rosella Sonsteby Land
Condemnation f r Easements on Lot 7, Auditor's Subdivision 82 (Storm Sewer Imp.
75-2). Vote: es - Schneider, Rither, VanderLaan, Windschitl; No - Ho1asek
(Felt that there should have been another way to handle the matter.)
Firearms
David Szyku1ski 752 - 140th Lane N. W., requested that the Council adopt an
ordinance to po sib1y prohibit the use of firearms in the City of Andover, ,noting
that he had cont cted the Sheriff's Office on several occasions when bullets and
buckshot had hi his house; was told by the Dlòputy that the present Firearms
Ordinance was ''un-enforceable'' simply because you had to positively witness
and indentify th person actually discharging the firearm. Discussion was had
on similar com laints, the posting of firearms signs, and actions and
feelings of prev ous Town Board Members.
MOTION by Wi dschitl, seconded by Rither, to refer the question of enforcement
'--\, of this ordinanc to the Crime Prevention Committee and have their written
recommendatio on the enforcement ability of the ordinance. MOTION AMENDED
by Rither, seco ded by VanderLaan, that it be stated that the recommendatlOn
be sent back to e Council no later than January 20, 1976.
Regular Counci Meeting - 12/2/75 ~
Minutes - Page 7
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Firearms (cont nued)
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Councilperson anderLaan noted that the Council had received a letter some time
ago from the C ime Prevention Committee, in which they recommended the bann~g
of all firearms the City, but no action had been taken on it.
Vote: (Amendm nt) Yes - Schneider, Rither, VanderLaan, Windschitl; No - Holasek.
Vote: (Motion) Yes - Unaniffious.
Motion and ame dment carried.
Oak Wilt
MOTION by Va derLaan, that the discussion on Oak Wilt be postponed. No second_
motion dies.
David Szykulski 752 - 140th Lane N. W. asked why the City did not have the
program for re'mbursement for Oak Wilt Control (Program in which the State
would match Ci y disbursements to residents); was told that the City budget did
not allow for'th's. Mr. Szyku1ski also informed the Council of the severe problem
of Oak Wilt in t e acreage acros s the street from him, owned by a large firm, and
was told that th Andover Tree Inspector would be contacted.
,~ Minute A rova
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October 27, 1975 - Correct as written
November 4, 1975 - Page 4 (Personnel Report), para. 2 - Add. . . .1.01 If the
employee does not complete one year's service, he must
repay to the City any vacation time paid to him.
Page 4 (Personnel Report), last para. - Correct.. . ..
Counci1person Rither.
Page 5 (Coon Creek Drive) - Councilperson Windschitl presented
a reworded statement, covering his remarks.u,\1Re"luests were
made by other Councilpersons to add/reword statements; and
to add the questions presented to Mr. Hawkins by Mr. Jack,
along with the attorney's responses. Discussion ensued on
the amount of transcript to be in the minutes. No decision.
November 10, 1 75 -Correct as written
November 12, 1975 -Correct as written
November 13, 1975 -Correct as written
November 18, 1975 - Page 2 (Comprehensive Development Plan), para. 2 _ Correct. . I
/' "", City Engineer to "City Planner"; show. .. . date of February 17. i
Page 2 (Comprehensive Development Plan), para. 5 - Correct. .
10 acre minimum lot size to "controlled growth in the Rural
Planning Area".
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Regular Counci' vleetih-g - 12/?/7 5
Minutes - Page 8
~ Minute,cA
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MOTION by Wi dschitl, seconded by VanderLaan, to approve the minutes of
October 27, No ember 10, 12, 13 as written and November 18aaè èßra:ree,texk"
Motion carried unanimously. I
Pa ment of Cla ms
MOTION by Wi dschitl, secondei by Rither, to approve the following claims:
General und - Checks Nos. 469 through 488 in the amount of $34,312.25
7,,5- 1 Fu d - Checks Nos. 120 through 123 in the amount of $1;13;1&27;;68
75_2 Fun - Checks Nos. 119 through 122 in the amount of '$2, 290. 73
Motion carrfed animously.
Adjournment
MOTION by Wi dschitl, seconded by VanderLaan, to adjourn. Motion carried
unanimously.
Meeting adjour ed - 1 :35 A.,M., December 3, 1975.
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Patricià K. Lin quist
Clerk/Treasur r
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