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Home My WebLink AboutCC January 7, 1975 ~2GULAR XONTHLY MEETING OF TB~ ~~DûV:~ C~TY CO~\C:~ ~O :: ~::ù, r.:ü~s:..,....·:" J.l....;~;-JAR'l ï, 1974, AT THZ AN~OV:R C0~~~U~:TY CZN~:R AT 7:30 p.~. -. A~?~ov~ min~tcG o£ D~c~~~~~ 17, 1974 ^ ~'.¡~ì:':'í:e OûkD ro.:1cl accept~r...:(: -. , '"' - , b ¡. ,'.. ." , 1 ' .J.. ,U:"'óCUSS mcm crs :11.? vD.t.-ò ......;.:.ûGUC 0:.: L·~L.r.¡,.:::<)~ ;¡,tió,,;:s ·r.. D~~cu~o pos~iblc ~~~ba~~h~p wi~~ ~cc~0~o:it~n Lc~zu~ of X~n~c~~~:~.~~~ 5. :-,,~~o1.ution fo;:, ?.:1;;k Gcd:!..c~:...:.:iQ"¡:¿ :'r. 3:':.:cb::~¿~~ :::;taCe:;;. (i.~.~:;¡;·;; ;.: ::.:. ~'.. :':C::ì i¿cnts in ßi~chridg~ ~3t~~~~. 0. A~~u~l report frcm Euilcl~~3 ¡n¿?2~t~o~ D~?~~twcn~ 7. ~irc protection contr~c~ - Ci~y of ~nokû 0 ~~o~'css reports f:o~ Co~~~~ttcc~. v. , , '\ " Y 1,/ )A /.1 r( ~J JJÛ I ¡Ij (J, U ~ r ~J \/ ~~r n .Ji \', I; (. v ' , (;; r i) \: ~'/ '\.J \/ \ \ J u ./ ^ I ], C"\ (tf~ ' ~/ I JAN 7 1975 CITY of ANDOVER Corrected Minutes of January 7, 1975 Minutes of a REGULAR City Council Meeting held January 7, 1975, at the Andover Community Center. Mayor Schneider called the meeting to order at 7:30 p. m., with Councilpersons Rither, VanderLaan, Windschitl, Ho1asek, Attorney Hawkins, Deputy Clerk Marilyn Kappelhoff and others present. Minutes of the December 17, 1974 Regular City Council Meeting were discussed and not accepted as submitted. The Council directed the Clerk to research the tape of the December 17, 1974 City Council Meeting to clarify the motion on the Birchridge Estates Parkland dedication, pertaining to notifying the residents in the Birchridge Park area. After discussion on White Oaks road acceptance, Attorney Hawkins stated that action by the Andover City Council was not necessary because after researching the minutes of August 14, 1973, it was disclosed that the White Oaks roads had been approved by the Grow Town Board. Attorney Hawkins will take care of the matter. The Council reviewed the Treasurers' report dated January 7, 1975, submitted by Treasurer Janett Eveland. (see attached) After discussion, it was moved by Councilperson VanderLaan that agenda items, three, discuss membership with League of Municipalities, item four, discuss possible membership with Metropolitan League of Municipalities and additional agenda item two, discuss hiring a Planner to present the Comprehensive Development Plan at Public Hearings, be deferred to the January 21, 1975 City Council Meeting. Councilperson Windschitl questioned deferring additional agenda item two, discuss hiring a Planner to present the Comprehensive Development, Plan at Public Hearings, because Council action On this agenda item must be met ,tonight for the scheduled Comprehensive Development Plan Public Hearing of February 6, 1975. Councilperson Windschitl stated that the Planner has , ' requested four weeks for preparation. I It was moved by Council person VanderLaan to amend the previous motion and delete additional item two, discus s hiring a Planner to present the Comprehensive Development' Plan at Public Hearings, second by Councilperson Rither. Motion carried unanimously; I , The Andover, City Council will meet with the City Engineer and Bonding Consultant, January 8, 1975, at the Andover Community Center, at 7:30 p. m. I The League bf Women Voters will be on the January 21, 1975 City Council agenda. ! , Corrected Minutes January 7, 1975 Regular City Council Meeting Page 2 The Council moved onto the resolution of parkland dedication of Birchridge Estates. Mayor Schneider eXplained that this parkland was previously accepted by the Grow Town Board, May 14, 1974, at a Regular Town Board Meeting. 1Æayor Schneider stated that a Quit Claim Deed had not been drawn up until November 18, 1974, and action on this must be taken by the Andover City Council. Mayor Schneider stated that Lawrence Carlson is donating 11. 89 acres of parkland to the City of Andover subject to, total reimbursement of expenses in the amount of $377.82 and conditions as stated on the Quit Claim Deed. (a copy of this Quit Claim Deed is attached to this set of minutes.) Mrs. Britton, a resident of Birchridge Estates, presented a letter regarding this parkland dedication to the Council. Mayor Schneider read Mrs. Brittons' letter in full. (a copy of Mrs. Brittons' letter is attached to this set of minutes.) Discussion followed, with the majority of the resident's in Birchridge Estates in favor of this parkland being used as a wildlife habitat area. Mr. Lawrence Carlson, donator of this parkland appeared before the Council and stated that he had no objections to the residents if they choose to put in a fire-pit, picnic tables, horseshoe ring or tot-lot. 1Ær. Carlson also stated that the intention is to keep this land as close to it's present state for future enjoyment. Discussion continued with Councilperson VanderLaan stating that she objected to the last sentence of the Quit Claim Deed, "Until 1995, if any part of this parcel is taken by eminent domain, by a public body, then the grantors, their heirs and assigns shall be named as respondents and they shall be entitled to all of the damages resulting from the taking ". Councilperson VanderLaan eXplained that for twenty year's, the citizen's of Anoka County would not be receiving the tax revenue on this property and if for some reaSOn this land is taken by eminent domain, 1. e. , airport, the money would revert back to Mr. Carlson. More discussion, with Councilperson Holasek eXplaining that Mr. Carlson has no legal obligation and the Council should either accept this parkland on Mr. Carlsons' terms, or reject it. Councilpers~n Rither presented his statement regarding Birchridge Estates parkland to the Council and read the statement in full. (a copy of Councilperson: Rithers' statement is I attached to ani will become a: part of this set of minutes.) Discussion followed andiit was moved by Councilperson VanderLaan, seconded by Councilperson Rither that the Andover éity Council accept the parkland of Birchridge Estates, containing 11; 89 acres and requested that 1Ær. Carlson remove the condition as stated on the Quit Claim Deed, that being quote, "Until 1995, if any part of this parcel is taken by eminent domain by a public body, then the grantors, their heirs and assigns shall be named as respondents and they shall be entitled to all of the damages resulting from the taking", and that it be recommended to the Park/Advisory Board, of the City of Andover, that based on the feelings of the adjoining resident's, that the park be preserved in it's natural state for animal and fowl wildlife and that Mr. Carlson be paid the sum of $377.82 for real estate taxes, surveyor fees and legal fees. Corrected Minutes January 7, 1975 Regular City Council Meeting Page 3 Discussion followed with Councilperson Holasek asking Mr. Carlson if he would accept the Council's proposal? Mr. Carlson stated he would not delete the stipulation in the deed and explained that he was not donating cash to the City, he was donating a park to the people. The Clerk polled the Council; Councilperson's VanderLaan and Rither, yes; Mayor Schneider, Councilperson's Holasek and Windschitl, no. Motion defeated. After further discussion, it was moved by Council per son Windschitl that the Andover City Council accept the Birchridge parkland Quit Claim Deed with the addition, 11 if the parcel is taken by eminent domain, the grantor will reimburse the City of Andover for the amount equal to annual property taxes for however many year's it is off the tax rolls and also reimburse the out-of-pocket expenses of $377.82, second by Councilperson Rither. The Clerk polled the Council; Councilperson's VanderLaan, Rither, Ho1asek, and Windschitl, yes; Mayor Schneider, no. More discussion, with Mayor Schneider asking Mr. Carlson if he would accept the Council's proposal? Mr. Carlson stated, no. Councilperson Holasek made a motion. seconded by Councilperson Windschitl that the Andover City Council accept the Quit Claim Deed as the Grow Town Board had agreed to, with the addition, that if the park property reverts back to Mr. Carlson, the $377.82 will be reimbursed back to the City of Andover by Mr. Carlson. The Clerk polled the Council; Mayor Schneider, Councilperson's Holasek, and Windschitl, yes; Councilperson's Rither and VanderLaan, no. Motion carried. Counci1person VanderLaan presented the Annual Building Inspection Report to the Council for their reviewal. Councilperson VanderLaan requested a five minute recess. Carncil agreed. Meeting to be reconvened in five minutes. I I Discussion continued on the Annual Building Inspection Report, with Councilperson , Holasek requesting that Council person VanderLaan consult with the, Building Inspector to explain the 50'70 charge to the Building Inspection Department and the balance used , on other City business. Councilperson VanderLaan agreed. After further discussion, it was moved by Councilperson Rither, seconded by Councilperson VanderLaan that the Andover ~ity Council received the Annual Building Inspection Department Report of January 1'11974 to December 31, 1974. Motion car ried unanimous 1 y. I The City of Anoka Fire Protection Contract was discussed. Councilperson Rither read the Contract in full. Discussion followed and it was moved by Councilperson Ho1asek, seconded by Councilperson VanderLaan that the Andover City Council accept the Fire Protection Contract from the City of Anoka, in the sum of $3, 030.62 for the , calendar year of January 1, 1975 to December 31, 1975. Motion carried unanimously. I I Corrected Minutes January 7, 1975 Regular City Council Meeting Page 4 CouncilpeJ:son Holasek stated to the Council that he has discussed the billing of the Valley View Estates Feasibility Study with Jim Orr, from Schoell and Madson. Jim Orr agreed to reduce the bill from $2,234.50 to $1,901. 23, if the Council will agJ:ee to that figure. Discussion followed and the Council agreed to pay the Engineering Firm of Schoell and Madson the sum of $1,901. 23, for the Valley View Estates Feasibility Study and the following should be noted on the check, "Final payment of all accounts ". The Council moved onto the additional agenda item two, hiring a Planner to present the Andover Comprehensive Development Plan at Public Hearings. Mayor Schneider stated that Councilperson Rither was well qualified to present the Comprehensive Development Plan at the February 6, 1975 Planning and Zoning Public Hearing. Councilperson Rither declined Mayor Schneider's recommendation, stating that he felt it is the responsibility of the Planning and Zoning Commission, and that after attending these types of HeaJ:ing's, it is more helpful to have a condensed, illustrated, and unified presentation, so the residents fully understand what is being presented. Planning and Zoning Chairman Allan Miles recommended that the Council take favorable action On hiring a Planner as proposed by the City Engineer Kasma of Toltz, King, Duvall and Anderson. Discussion followed and it was moved by Counci1person Windschitl, seconded by Council person VanderLaan that the City of Andover City Council accept the Toltz, King, Duvall and Anderson Contract which is in letteJ: dated January 6, 1975, for expenditures not to exceed $996, for preparation, of narrative materials, graphics, attending meetings and public hearing sessions, photography and printing and other direct costs. The Clerk polled the Council; Councilperson's Rither, VanderLaan and Windschitl, yes; Mayor Schneider and CouncilpeJ:son Ho1asek, no. Motion carried. The Park/AdvisoJ:Y Board presented a recommendation to the Council for approval of funds, either on a contract basis, or $12 per hour for actual time, for snow removal , of the Community Center hockey rink. After discussion, it was moved by Councilperson Windschitl, ~econded by Councilperson Holasek that the Andover City Council appJ:ove , up to $100 for snow removal of the Community Center hockey rink. Motion carried unanimous1y.1 I I Councilperson Rither gave a summary of the progres s report of the Steering Committee. , Councilperson Rither stated that the Steering Committee was formed on December 3, , 1974, and was directed by the Andover City Council to examine the Planning and Zoning Cornn!1ission selection criteria, the Horseman'~lc~~î.~ction criteria, and , , investigate combining the Clerk-Treasurer position and/or investigate a separate ~'¡d I Clerk"Treasurer position. Councilperson Rither stated that the Committee hopes to put the Planning and Zoning Commission criteria into final form for the next Council meeting. The Steering Committee will meet January 14, 1975. I Corrected Minutes January 7, 1975 Regular City Council Meeting Page 5 Councilperson Windschitl requested that the Auditor's Report be discus sed at the next Regular City Council meeting. It was moved by Council person Rither, seconded by Councilperson Holasek that bills be paid in the amount of $3,121.75. Motion carried unanimously. It was moved by Councilperson Rither, seconded by Councilperson Windschitl that the meeting adjourn. Motion carried unanimously. Meeting was adjourned at 11:50 p. m. Mayor, City of Andover Attest: I Marilyn Kappelhoff, Deputy Clerk I ;¡: STATEMENT REGARDING BIRCH RIDGE PARK To: Richard J. Schneider, Mayor City Council, City of Andover From: Sylvia M. Britton, CPS 17725 Ward Lake Drive Cedar, MN 55011 I would like to address my statement to those of the Council and to others who have not taken the opportunity to walk through and look at the area designated as "Park" in Birch Ridge Estates. On Friday evening, January 2, I called each of the Council members but one as well as the Mayor, all of the Park Board members and the Clerk and asked if each would meet at the park at 9:00 a.m. on Saturday, January 3. Of the thirteen people who were notified, five of us walked over the area on Saturday morning. This area has been called a swamp and the statement has been made by several persons that the area is under water or has standing water, etc. The area is not swampy. Not once during our excursion through the area did I come across any land surface which even resembled a swampy area. We walked through tall marsh hay, across cut and/or fallen trees - some of the time on trails which had been made by animals and even a few people who had been there before us. Not once did we slide off hummocks or sink into mudholes or crack any ice which would give evidence of standing water. The only low i area in the park is at the back of Art Jaworski's lot - and that area wouldlhave to be dredged to hold water for any length of time. I ¡ We saw stands of birch, which don't grow in swamps; we saw large I oaks, whic~ don't grow in swamps; we saw animal burrows as deep as 2-1/2 to 31feet below the ground, which certainly couldn't exist I if the park was a foot and a half under water, as has been stated I by some people. I would ask those persons to please show me where I all that water is - I would be most interested. I , Instead we'saw the potential for a beautiful picnic area, with large birches and oaks. This particular spot could hold picnic tables, Statement Page Two barbecues, shelters, horseshoe pits, tot lot equipment and more, and yet leave the largest share of the park for wildlife and walking trails. By the way, there are already many natural trails through the area which need only minimal clearing. To those of you who seem, for some reason, to be against the acceptance of the park as it is, I ask you to please find another piece of property, 12 acres in area, with the potential this park area has, which the Park Board can "purchase" for only $360. We would be most interested. I would have to discount any negative statements or comments about this park from anyone who has not toured the area as being completely unfounded. I would like to ask the Council as a member of the Park Board and as being reasonably familiar with procedure, why have you departed from the routine of having the citizen input directed to the Park Board and then obtain a recommendation from that body? Again, as a resident and as a member of the Park Board I strongly recommend that the area be left as it is, that the Council accept this park with the stipulations set forth by Mr. Carlson and, if I desired, the requests by Mr. Christenson and others, and that the I matter be settled post haste. A final decision on this park has i been delay~d long enough without good reason. As the song says, "You don't! know what you've got 'til it's gone." If we don't I accept this park while we have a chance we will regret it. I I I Thank you for your consideration. I . I " ~' ' /...... . ..") -~~:. " ,j'JC~,--,-'-=- ¡t( (?Pt l(~!.,-_ /' I Syl~ia M. Britton, CPS , 1Y January 7, 1975 TO: ANDOVER CITY COUNCIL FROM: COUNCILMAN RITHER SUBJECT: STATE~ŒNT REGARDING RESOLUTION OF LAND ACQUISITION IN BIRCHRIDGE ESTATES In considering the offer of a parcel of land in Birchridge Estates, it is important that the Council consider the transaction in relationship to the area in which the parcel is located and to the remainder of the City. If accepted, the City will have acquired approximately 11.89 acres of primarily low and wet land to which few improvements could be made without defaulting on the deed restrictions and subsequent reversion to grantors, their heirs or assigns. The City will have assumed the responsibility and liability for whatever occurs on the property. The City will have forfeitea all tax revenues which might otherwise have accrued if the parcel were to have remained in private ownership. If, after forfeiting tax revenues until some;futuredate;' say around 1985, the parcel is taken by eminent domain by a public body, such as the Metropolitan Airports Co~~ission or a portion of the parcel for highway purposes by Anoka County, the restrictions clearly state that, "the grantors, their heirs or assigns shall be named as respondents and they shall be entitled to all of the damages resulting from the taking." The City will be serving as caretaker of the parcel at a real cost of at least $377.$~, assuming the necessity of replacing lost tax revenues and assuming full liability for a parcel of land for which, to my knowledge at least, no demonstrated need has been shown. The parcel in question is limited in two ways; namely, by deed restrictions and topography. In addition, it is located in an area which is largely undeveloped and which, as recommended by the' Planning and Zoning Co~~ission in the proposed Comprehensive Co~munity Development Plan should not be more intensively developed to well bèyond the year 2000. I On the' basis of the deed as drawn I assume that the grantor 'wishes to keep the parcel in its natural state until at least 'January 1, 1995. If so then this goal can be achieved independently and without,City involvement. I 1. The parcel remains in private ownership and I is preserved in accordance with the owner's I intentions. 2. If the property is taken by eminent domain by a public body then the grantors, their heirs or assigns will still receive the desired compensation. - Councilman Rither ß..Rirchridge Estates January 7, 1975 Page 2 If the foregoing suggestion is followed the City will: 1. Conserve an expenditure of some $377.82. 2. Continue to receive real estate taxes based on the valuation of the,parcel. I urge the Council to consider the points raised and keep in mind the concept of cost/benefit relationship. It appears that in this case, the benefits do not lie with the City of Andover. ¿¿g/./dl-¿á2t1U Robert A. Rither, Councilman Zirtiz 3hdJ~n:tute. J.[aiú this""""",....",..,...."..", """day o/"~()y.~II11:>~:r:,...,...............,.., 1074, between"",..,..:L.,ªW;r::~nç~....:I3."....,ç¡JJ;::l"ê9I\....!3,,!,ª....Mª:r:,:¡,:),y;tJ,..R"..,ça,¡;::),¡>.QJ1,.....4W:;pi3,.I,c:'t...i'Plª..,w;i.J;", of the County o/..............,.....l\.I\QK,a......",..".....,....".................,..and State o/..",....Minnes,Q,ta."........."...",......,.."..",....",....".., part, ,ie,:> of the first part, and""..,..,.."",..",..City,..,Q,£,..Anda:\l,e;¡:",......"""..",...."......"...",.."",..',..'.."...""...",.."",.."..",....".."" ....'ffiunicipal..........'....".....,.."....,..,...,....,.."..,..,..,..........,.....................,..,..,........,............,....................,...""'....,..,,..,...........,.......................,...,....,........, if corporation under the laws of the State o{....,..,..,..,Minnesota......",......,..........,..".., party of the second part, Wítnezzctb, That the said parti~,!?.. of the first part, in consideration of the SU77V of ."OIlep9:L:),ªf.,..,($)",QQ)....i3,T.lQ,.9i::hex..gQQg,m¢l,yç¡),u¡;¡ÞJe"CQ)J$.;\.g,,+:a'l;;iQ)J;;¡OLLARS, to", ........:t:hgrn, ........ ,....................,in hand paid by the said party of the second part, the receipt whereof is hereby acknowled-ged, do............ hereby Grant, Bargain, Quitclaim., and Convey unto the said. party of the second part, its successors and as:;i~ns, Forever, all the tract...... or parcel...... of land lying and being in the County o/,..........................AI\Q]<;"a......,..,....,..........,......,....,anrZ State of J.finnesota, described as follows, to-wit: That part of the East 500 feet of the West 1,300 feet of the Northwe:>t Quarter of Section 2, Township 32, Range 24 in Anoka County, Minnesota lying North of the South 1,590 feet of said Northwest Quarter as measured along the South and West lines of said Northwest Quarter. This conveyance is conditional upon the fact that the parcel shall not be used for any purpose other than for animal and fowl wildlife development and public foot paths until January 1, 1995. In the event this condition is violated then the entire parcel shall revert to grantors, their heirs or assigns. Until 1995 if any part of this parcel is taken by eminent domain by a public body then the grantors, their heirs and assigns shall be named as respondents and they shall be entitled to all of the damages resulting from the taking. STATE DEED TAX HEREON DUE exempt '(1::0 ;E¡nue anb to ;¡r¡olb tf)C §¡>al11c, ToiJcthcr wilh nll the hCl'clli-trl1ncnts {/1I(1 aT'{Jurlenance" {./'('I'I" unto bclon!fing or in anywise appertaining, to the ,<;aÙl party of the scconll part, its SllCCC'<:SQI'S and (lssi jns. FOI'CtJC7" ,(II ~ rr,'IÍI1\OI\,II Whtl'tOf. Th(' Ihll·(/. !ml'¡,iCG (1/ /Ii(: /ll'lIl/IfI.l't JuNO ¡"""'f;f/f,jIJIfr:/'t1-.r.;it: , ". ...cao_~'í..E.ncE. 2::, Ca<[~on --.--.--.- ~~~;i~ . C:~. - -._~ . _._ November 6, 1974 ¡?g;~g~, ~"""",.~- ~ -" Hilliam Hawkins ~ Babcock Locher Neilson & Mannella r:::.---c- '__'r.l'"~ -~~ -~':,~-~~;,.~ 118 East Main Street ;'-,"" '.~:2:~;p_i Anoka, Minnesota 55303 ~~ "~:~r~'\ ..~~. ~. .-....... ....-0..-.-... ::: -'"." -. ,,," ~...:..>---~. ,.-. ~,i't""" Park land to be do~ated to Grow TO\VTIShip '-'~4'~';I.·~ re: , ¡ 1 Dear Bill, This letter is in reference to tr.e land which I have offered to donate to Grow TO~TIship and which they have accepted in accord- - -'5.'1': -;:;;'~""~~.:ì r" 4 ~~'~ _~: "'_'~~'~';rj ance with the terms previously revie~ed. Part of those terrr.s were to reir.~urse me for my out of pocket expenses, excludi::1g ":~·_;.c';-.-:- .~~. '. - ø ;,,-;':;i2.:_~·,"': _ ,'- .-.'''':., all original costs such as acquisition of property and related ~ r,:~" ':'! --..~~-~ surveying costs. Recapped below are the rei~ursed expenses: 1. Real Estate Taxes - 1971-1974 $330.82 (This includes 1974 real estate taxes in the amount of $138.72.) ~ 2. Surveyors charge for preparing legal ~~~. :~{;:~~~;~ description 12.00 . '.-: '.; ("...'"::-iI 3 . Legal fees paid by me regarding this matter 35.00 ~)~Ef~:~, . :-~;.r':: ~".... Total ReiIT~ursable Expenses $377.52 p-t....-:,.,-:-v,ft Please let me know if there are any questicns. \ Yours:truly, .< ../....,.. ~/, / '-- //"/ /['~7 LawreAcé B. Carlson ~ lmt 1:--_.'=11 G~- .-"-<,., :}t~1 ¡> :;:~i~,,~;.~· ~.~.,..,.,~-" p.. ~,,~,;:t" ~'1.,_3 . ,",:' "- .....-'j, '" .,- ~'... ~-~, , r:~--=:-"'~- ..~::~"'.q ~- . ,~...'~'~ /....-..... "'.:;"":::':~ - n>" ...---..-:-.. .," ,~. .,__ __n___ __~ _ _.-:-;- -~~-:-- -_..~-------:--:-'- _..,---__--r._-, ,-- OTYofANDOVER CLARIFICATION OF MOTION TO BIRCHRIDGE PARKLAND DEDICATION As requested by the Andover City Council, at their Regular Monthly of January 7, 1975, I researched the tape of the December 17, 1974 Andover City Council Meeting of the Birchridge Parkland Dedication. The motion is as follows: It was moved by Councilperson VanderLaan, seconded by Councilperson Rither that the proposal for dedication of parkland by Lary Carlson be placed on the agenda for January 7, 1975 City Council Meeting and the Clerk's Office be directed to notify the adjoining property owners and all persons in that particular sub-diviaion of this meeting. The Clerk stated, all in favor of this informational meeting, to close this subject and polled the Council; Mayor Schneider, no; Councilperson Holasek, abstained; Councilperson Rither, VanderLaan and Windschitl, yes. Motion carried. Clerk Jaworski asked the Council if this waS going to be an informal meeting, or a public hearing. If a public hearing, the Clerk will not have time to publish and notify; if an informational meeting, meaning the Clerk's Office contacting the residents and asking the residents to pass the information by word of mouth. Councilperson Holasek stated this would be an informational meeting. Marilyn Kappelhoff Deputy Clerk . -, ~ CITY of ANDOVER Minutes of a Regular City Council Meeting, held Januery 7, 1975 at the Andover Community Center. Mayor Schneider called the meeting to order at 7:30 p.m., with Councilpersons Rither, VanderLaan, Windschitl, Holasek, Attorney Hawkins, Deputy Clerk Marilyn Kappelhoff and others present. Minutes of December 17, 1974, Regular City Council Meeting were discussed and not accepted as submitted. The Council directed the Clerk to research the tape of the December 17, 1974 City Council meeting to tlarify_the ~otion to the Birchridge Estates parkl¡md, dedicati0;¡J..e~£A_-? -' a"úf~.J'¡1 ~¡'.ß ~-,-:z. ,~~Æ.¿ Q..<A.<.d.."~,:;-v ~/ Á/<1.,. , After discussion on White Oaks road acceptance, Attorney Hawkins stated that action by the Andover City Council WaS not necessary because after researching the minutes of August 14, 1973, it waS disclosed that the White Oaks roads had been approved by the Grow Town Board. Attorney Hawkins will take care the matter. The Council reviewed the Treasurer's report dated January 7, 1975, submitted by Treasurer Janett Eveland. (see' attached) After discussion, it was moved by Councilperson VanderLaan that agenda items, three, discuss membership with League of Municipalities, item four, discuss possible membership with Metropolitan League of Municipalities and additional agenda item two, discuss hiring a.Planner to present the Comprehensive Development Plan at public hearing be deferred to the January 21, 1975 City Council meeting. ,Councilperson Windschitl questioned deferring additional agenda item two, discuss hiring a Planner to present Comprehensive Development Plan at public hearing because Council action on this agenda item must be met tonight for the scheduled Comprehensive Development Plan hearing of February 6, 1975. Councilperson Windschitl stated that the Planner has requested four weeks for preparation. It waS moved by Councilperson VanderLaan to amend the previous motion and - delete additional item two, discuss hiring a Planner to present the Comprehensive Development Plan at public hearings. Second by Councilperson Rither. 1 The Clerk polled the Council, all in favor. Motion carried. The Andover City Council will meet with the City Engineer and Bonding Consultant, January 8, 1975, at the Andover Community Center. I The League of Women Voters will be on the January 21, 1975 City Council agenda. The Council moved onto the resolution of parkland dedication of Birchridge Estates; Mayor Schneider explained that this parkland was previously accepted by the Grow Town Board, May 14, 1974 at a Regular Town Board meeting. Mayor Schneider stated that a Quit Claim Deed had not been drawn up until November 18, 1975 and action on this must be taken by the City Council. January I, 1975 City Council Meeting Page 2 Mayor Schneider stated that Lawrence Carlson is donating 11.89 acres of parkland to the City of Andover subject to, total reimubrsement of expenses in the amount of $377.82 and conditions as stated on the deed. (A copy of this Quit Claim Deed is attached to this set of minutes.) Mrs. Britton, a resident of Birchridge Estates presented a letter regarding this parkland dedication to the Council. Mayor Schneider read Mrs. Britton's letter in full. (Mrs. Britton's letter is attsched to these minutes.) Discussion followed with the majority of the residents in Birchridge Estates in favor of this parkland being used as a wildlife habitat. "lid t'l~u!':' Q'~ . Mr. Lawrence Carlson, donator of this parkland appeared before the Council and stated that he had no objections to the residents, if they choose to put in a fire-pit, picnic tables, horseshoe ring, or tot lot. Mr. Carlson also stated that the intention is to keep this land close to it's present state for future enjoyment. Discussion continued with Councilperson VanderLaan stathing that¡she objected to the last sentence of the Quit Claim Deed, " Until 19 5 if any part of this parcel is taken by eminent domain by a public body then the grantors, their heirs and assigns shall be named as respondents and they shall be entitled to all of the damages resulting from the taking". Councilperson VanderLaan explained that for twenty years the citizens of Anoka County would not be receiving the tax revenue on this property and if for some reason this land is taken by eminent donain, i. e., airport, the money would revert back to Mr. Carlson. More dfscussion with Councilperson Holasek explaining that Mr. Carlson hss noJ~~igation and the Council should either accept this parkland on Mr. Carlson's If terms or reject it. Councilperson Rither presented his statement regarding Birchridge Estates parkland to the Council, and read the statement in full. ( A copy of Councilperson Rither's statement is attached to and will become a part of this set of minutes.) Discussion followed and it was moved by Councilperson VanderLaan, seconded by Counci1person Rither that the Andõver City Council accept the parkland of Birchridge Estates, containing 11.89 acres and request ~hat Mr. Carlson remove th~ondition as stated on the Quit Claim Deed, that being quote, " Until 19 if any part of this parcel is taken by eminent domain by a public body then the grantors, their heirs and assigns shall be' named as respondents and they shall be entitled to all of the damages resulting from the taking", and that it be recommended to the Park! Advisory\Board of the City of Andover that based on the feelings of the adjoining residents, that it be preserved in it's natural state for animal and fowliwildlife and that Mr. Carlson be paid the sum of $377.82 for real estate taxes, surveyor fees and legal fees. I Discussion followed with Counci1person Holasek asking Mr. Carlson if he would accept the Council's proposal. Mr. Carlson stated he would not delete the stipulation in the deed and explained that he waS not donating cash to the City, helwas donating a park to the people. The Clerk polled the Council, tAree o9;e, tUg, yea. 'f. a~~ l'~g(~,~, -7-"" ~~ ,k¿..~!;.,ti""';, !..h.({.,.;.;~~(t_ ,), /l-tf.¿-;.I¿/~ ~~ ~.¿.,p.1{~,J.¿r!:.~. January 7, 1975 City Council Meeting Page 3 After further discussion, it waS _moved by Councilperson Windschitl that the Andover City Council accept the Birchridge parkland Quit Claim Deed with the addition, if the parcel is taken by eminent domain, the grantor will reimburse the City of Andover for the amount equal to annual property ",,-' taxes for however many year's it is off thetZx rolls and also reimburse the out-of-pocket expenses of $377.82, seconded by Councilperson Rither. The Clerk polled the Council, four yes, one no. Mayor Schneider asked Mr. Carlson if he would accept the Cou»cil1s pro~l? Mr. Carlson stated no. 7?lL"fJA/ ~~k-~, (.1', . -¡X, "7 Further discussion and it was moved by Councilperson Holasek, seconded by Councilperson Windschitl that the Andover City Council accept the Quit Claim Deed as the Grow Town Board had agreed to, with the addition that if the park property reverts back to Mr. Carlson, $377.82 will be reimbursed back to the City by Mr. Carlson. The Clerk polled the Council, three yes, two against. Motion carried. Attorney Hawkins will prepa~the Quit Claim Deed as stated. W, .5~~, /'¡~Y--'''¡'7..¿"../- ~ "{!.',7'Jo Councilperson VanderLaan presented the Annual Building Inspection Report to the Council for their reviewal. Councilperson VanderLaan requested a five minute recess. Council agreed. Meeting to be reconvetned in five minutes. Discussion continued on the Annual Building In)pection Report with Council person Holasek requesting that CouncilpersonK~1{súit with the Building Inspector to explain the 507. charge to the Building Inspection Department and the balance used on other City business. Council person VanderLaan agreed. After further discussion, it was moved by Councilperson Rither, seconded by Councilperson VanderLaan that the Andover City Council received the Building Inspection Annual Report of January 1, 1974 to December 21, 1974. The Clerk pollçJ Lilt, Bo...d, 'ell vstcd .1"s. Motion carried. The City of Anoka Fire Protection Contract was discussed. Councilperson Rither read in full. Discussion followed and it was moved by Councilperson Holasek~ seconded by Councilperson VanderLaan that the Andover City Council accept the Fire Protection Contract from the City of Anoka in the sum of $3,030.62, for the calendar year of January 1, 1975 to December 31, 1975. The Clerk polled the Council, all voted yes, motion csrried. I Councilperson Holasek stated to the Council that he discussed the billing of the Valley View Estates Feasibility Study with Jim Orr, from Schoell and Madson. I Jim Orr sgreed to reduce the bill from $2,234.50 to $1,901.23, if the Council will agree to that figure. Discussion followed and the Council agreed to pay the Engineering Firm of Schoell and Madson the sum of $1,901.23 for the Valley View Feasibility Study and the following should be noted on the check, "final payroent of all accounts". I The Council moved onto the additional agenda item number two, hiring a Planner , to present the Andover Comprehensive Development Plan at public hearings. ~ Mayor Schneider stated that Councilperson Rither was well qualified to present , f\ ~he Comprehensive Development Plan and recommended that Councilperson Rither -~~present the Comprehensive Development Plan at the February 6, 1975 public t t 1 hearing. Councilperson Rither declined Mayor Schneider's recommendation, stating {V /~ ;v" r;: that he feltA after attending these types of hearings that i~5more helpful to re ~ have a condensed, illustrated and unified presentation, so the residents fully 1ìf' P--:\ [ý} understand what is being presented. '~/I~ January 7, 1975 City Council Meeting Page 4 Planning and Zoning Chairman Allan Miles recommended that the Council take favorable action on hiring a Planner as proposed by City Engineer Kasma of Toltz, King, Duvall and Anderson. Discussion followed and it was moved ~ by Councilperson Windschitl, seconded by Councilperson VanderLaan that ,'" the City of Andover City Council accept the Toltz, King, Duvall and Anderson contract which is in letter dated January 6, 1975, for expenditure not ~ to exceed $996.00, for preparation of narrative materials, graphics, ~' ~ attending meeting and public hearing sessions, photography and printing ~~ ~. 'j and other direct costs. The Clerk polled the Council, three yes, two no. ì' ':> ~ Motion carried. (a copy of this agre,ement will be attached to these ~ ~ minutes.) The Council directed the Planning and Zoning Chairman Allan \ ~~, . ~Ues to inform Mr. Hendrickson of ~Èe:.\~0ïJ'cil';:' ac;.!o'J. -'Å/ ~,¡:e...--..-.¿>. ~. ~ ~ '4 ú f' ¡J....2-._-""-' ..m-:f":::' ¿~Þ-J pØ;--z.... '.,' /"'! ~-<A ~ ~!f.d' ~ ~ ~ :i ~ The Park/Advisory Board presented a recommendation to the C'ouncU for ~ I approval of funds, either on a contract basis, Or $12 per hour for actual ) ! 1 ~ ~ time for snow removal on the Community Center hockey rink. After discussion, . ~ ''\.:;1 it was moved by Coundlperson Windschitl, seconded by CouncUperson Holasek . '{ <:) I~ that the Andover City Council approve up to $100 for snow removal of the '- ~ ~~'\ Community Center hockey rink. Motion carried. , J~", , ~ Councilperson Rither gave a summary of the progress report of the Steering " '0 Committee. Councilperson Rither stated that the Steering Committee was formed December 3, 1974 and was directed by the Andover City Council to examine the Planning and Zoning Commission selection ' criteria, Horseman's Council selection criteria and investigate combining the Clerk-Treasurer £ position and/or investigate a separate Clerk Trea,surer position. Councilperson l' Rither stated that the Committee hopes to put the Planning and Zoning ~~' Commission criteria into final form for the next Council meeting. The Steering YJ0!.- ~-) Commi~tee will meet Janua 14 1':7~., ~Á~' (I.;r ,,--,~þ.""L<) tu-h «.<.iJ C<./ ÓH,~~,-", 7)4.' - , '. ~ ',.':::;~ (~i .~~ It was moved by Co nci erson Rither, seconded by ouncilpe son Holase ~J7 ¡;¡~~ that bills be paid in the amount of $3,121.75. Motion carried. f t r . /.0),,) Þ.¡<!It was moved by CouncUperson Rither, seconded by CouncUperson Windschitl t~}I that the'rneeting adjourn. Motion carried. Þ , I r{ V~v/).>' \ \./'v'v }L Meeting was adjourned at 11: 50 p.m. LJv ¡,~ ~' ,) I . 1'1~'iJYI V v.¡/ -0)~~~' 1I;,r~ (Jf', )'¿~ä' '''ffj?rG4ð þ~ 1,'-7~ p or" J 7/ / MarUyn Kapp \ ,