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.:C'JLAR CITY COUNCIL MEETL'lG - JUNE 3, 1975
AGENDA
'(, <... ~ü Order
~'< ~:.:..~a App:....oval
..\~-,;!):CiVéiL of Min'.¡tes
n.. ./...pril 28, 1975
d. ~'Æ¿).y 12, 20, 22, 1975
" _~)',-..~)~ic Hearings - None
~=-;<;;:i::i0"1S, Rcq-ù.ests & Comm~nications
u.. l'-"'0acing for Public Landir..g (Crooked Lake) - Mary Clark
,Jo Junk Yard License - Douglas Sílernell'
c. Bicycle 1....icensing - George Bazoif
G 01c·(-~ino.nces and Resolutions
'" S::-'ade Tree Ordinance
o. ~ó9tll Avenue (Lane)
~. Ordinar.ce No. 10 - Revisions
-¡ ~{e~Jûl"ts
,
.J.. SAH Report - Engineer
b. Coon Creek Bridge Repairs. Engineer
ù D~1Ùnished Business
<:L. Coon Creek Foot Bridge
,!:ì. ì-In.. CJ~t" S
'; :\cw Business
a.
l;j . :t:>ayment of Claims
........ Adjú"Grnment
·
CITY of ANDOVER
SP CIAL/REGULAR COUNCIL MEETING - JUNE 3, 1975
MINUTES
A Special Mee ing of the Andover City Council was called to order by Mayor,
Richard J. Schneider on June 3, 1975, 7:05 P.M. at the Andover Community
Center, 1685 ~rosstown Boulevard N. W., Anoka, Minnesota, for the purpose
of discussing the Sanitary Sewer (75-1) F.H.A. Loan Application with F.H.A.
Representativ~s, Richard Reinarz and Ralph Maki, and City Engineer,
Dewey KasmaJ
Mr. Reinarz rovided the Council with the following information:
1. Funds should be obligated by July 1, 1975.
2. F.H.A. Funds would be available to the City for other projects until
such time as the population reaches 107000.
3. Alth ugh it is desirable, the assessment rolls do not have to be
com 1eted before the money is received.
4. Tem orary Bonds are necessary inasmuch as the government loan
will e in one lump sum.
5. 5.40/< is the present rate on temporary bonds.
6. A fiscal agent would not be required for handling the' temporary bonds.
7. Ther1e is no pre_payment penalty on an F. H. A. Loan.
8. pay~ents will be set up for 29 to 30 years, with payments being
uniform over that period.
Engineer Kas a advised the City Council that final plans and specifications
would be read for Council approval on June 17- with bids to be awarded by
August 1, at ich time an exact dollar figure will be available; and indicated
that temporar bond money should be in hand by September 1. He confirmed
Mr. Reinarz' tatement that the Bond Counsel and City Attorney could handle
the temporary bonds. Mr. Kasma informed the F. H. A. Representatives that
the first six (6) items on the "80 item check list" had been completed, with the
next twenty (2 ) items prepared and ready to be forwarded.
Special Meetin informally adjourned at 7:25 P. M.
- - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A Regular Me ting of the Andover City Council was called to order by Mayor,
Richard J. Sc neider on June 3, 1975, 7:35 P. M., at the Andover Community
Center, 1685 rosstown Blvd. N. W., Anoka, Minnesota.
Councilperson present: Holasek, Rither, Vander Laan, Windschitl
Councilperson absent : None
Also present: City Attorney, William G. Hawkins; City Engineer,
D. R. Kasma; Planning and Zoning Commission Chairman,
Dave Jack; City Clerk/Treasurer, Pat Lindquist; Reporter,
Shirley Hatfield; and several residents.
'RegUlar counC!il Meeting - June 3, 1975
M'nu'.. - "'1'
Agenda Approal
councilPersonk and others_ requested that the following items be added under
Section 9 (NeiBUsineSS): (Person making request shown in parentheses)
a. Mem ership in the League of Minnesota Municipalities (Councilperson
b. Set d1ate for Administrator Interviews. VanderLaan)
c. Dise~sed Tree Pamphlets (Art Jaworski)
d. Liqubr Control Ordinance (W. G. Hawkins)
e. Haza1rdous Structure (W. G. Hawkins)
f. Outstanding Engineering Fees not Paid by Developer (Councilperson VanderLaan)
g. Tirel in Chapman's Park (W. G. Hawkins)
It was noted tHat Item 8-b (Preliminary Plat - The Oaks) had been eliminated
from the agenta as a publication error.
MOTION by V nderLaan, seconded by Schneider that the agenda be approved as
published withlthe above additions of Item 8-b and Items 9-a through 9-g. Vote:
Yes _ Windsd:iitl, VanderLaan, Rither, Schneider; Pass _ Ho1asek. Motion carried.
Approval of M1nutes
April 28, 1975 (Corrected)
No Corr ctions
May 12, 1975
Page 1, para. 1, line 2. .. . .. Remove BS Or BA in Administration.
Page 3, para. 4., line 2. .. . .. Correct to read June 30.
MOTION by R ther, seconded by VanderLaan to approve the Minutes of April
28 and May 12 as corrected. Motion carried unanimously.
Fencing for blic Landin (Crooked Lake)
Mrs. Mary Cl rk, a resident whose property adjoins the Public Landing, reported
that cars are arking and driving on her property. MOTION by Windschitl, seconded
by Rither, tha the City Council have Mr. W. Arntzen obtain bids for a 3foot chain/link
fence to run f om the road right-of-way to the lake on the property of Mary Clark,
which is 10cat d on Crooked Lake. Motion corrected to read "on the common line
between the properties of Mary Clark and the Public Landing". Motion carried
unanimously.
Junk Yard Lic nse - Dou Sbernell
Mr. Shernell as not present. MOTION by Windschitl, seconded by VanderLaan,
to table action on the license until June 17, 1975. Motion carried unanimously.
, I 1975
Regular Meeting - June 3,
, I
Minutes - Fag!, 3
Bicycle LicenLng
Mr. Bazoff wals not able to attend the meeting and present his information, however,
the Clerk fur1shed the Council with a brief outline on what he had. MOTION by
Rither, secon ed by V:mderLaan, that the question of bicycle licensing be referred
to the Crime revention Committee for review and recommendations. Motion carried
unanimously.
Shade Tree Ordinance
Discussion on ~he Ordinance, with the main topic being the advantage of having a
City Ordinanc4 as opposed to using the State Ordinance. Attorney Hawkins advised
that the State Ordinance has no provision for the removal of diseased trees. The
question of whrther or not the proposed ordinance was in compliance with State of
Minnesota Regulations also was discussed. MOTION by Rither, seconded by
Windschitl, thlt the City Clerk be directed to transmit the Proposed Ordinance,
"An ordinanc~ Relating to the Control and Prevention of Dutch Elm and Oak Wilt
Disease Withi the City of Andover", to the Commissioner, Department of
Agriculture, State of Minnesota, for his review and comments. Motion carried
unanimously.
169th Avenue ( Lane)
It was noted th t city maps and half-section maps show 169th in Sylvester's Addition
as l69th Aven e; however,. 169th Avenue in the City of Andover follows the section line,
thus making th 169th Avenue in Sylvester's Addition out of order. MOTION by
Rither, secan ed by VanderLaan, to adopt the following Ordinance No. 27, Changing
the Name of 16 9th Avenue in Sylvester's Addition to 169th Lane:
SECTIO 1. The street within the City of Andover, County of Anoka, State of
Minnesota, which is presently named 169th Avenue as located in
Sylvester's Addition, Section 8, Twp. 32, Range 24, is hereby
renamed "169th Lane".
2. All ordinances or parts of ordinances of the City of Andover
in conflict herewith are hereby repealed.
3. This ordinance shall be effective upon its passage and publication.
Motion carrie unanimously.
Ordinance No. 10
Discussion on he suggested Subdividing and Platting Procedure as prepared by
T. K. D.A. En ineer, Roger Anderson, and recommended by the Planning and
Zoning Commi sion with minor changes. MOTION by VanderLaan. seconded by
Rither, that th City Council approve the recommended Sub diving and Platting
Procedure, wi h Item I-d be changed to read "12 days", to be used as a procedural
outline for Or inancesNo. 10 and No. lOA. Motion carried unanimously.
Regular Coun'lil Meeting - June 3, 1975
Minutes _ Page 4
State Aid Bighlay Report
MOTION by ind'OhfU' "oond,d by Holmk, fuof lli, Enginw'n, Fhm of
Toltz, King, uvall, Anderson and Associates be hired to:
1. Clas ify city streets
2. TabUlate new mileage
3. Preplue a permanent State Aid reference
for a fee not tj exceed $2,500.00. Motion carried unanimously.
Coon Creek B idge Repairs
Engineer Kasnla presented the bill from Northern Contracting covering the repairs,
and advised thÅt all work was completed. (Bill in the amount of $624.00 to be paid)
Fiscal Agent
After some discussion on the need for the services of a fiscal agent in the temporary
bond sales for ~anitary Sewer (75-1), the Clerk was directed to write to Springsted, Inc.,
advising them ot to proceed with any work on the temporary bonds; and that the
City will deSigrate the projects for which their services will be required.
Coon Creek Foot Bridge
Mayor Schneid r briefly outlined events that had transpired on this footbridge during
previous years Costs were discussed, as was the City's commitment to this project.
Several reside ts expressed concern that ,hould the footbridge be built, their children
would be force into walking to school. A petition from the Northwoods Area,
containing 39 s gnatures and one from the Green Acres Area, containing 43 signatures,
indicated that t ese people were not opposed to the footbridge, however, they
w'n',d <b,'o 0l'do,n bu"od '0 ,ohool, Mo.. R, Sfm~,on no',d fu.f ,h, h.d
placed, this ite on the School Bo~rd Agenda, for June 9. Mayo~ Schn,eider appointed
Councllperson anderLaan to chalr.-a"CmnTIuttee to thoroughly lnvestIgate all
aspects of the ootbridge, and report th~r findings to the City Council.
f:~ ,~-'
5-Minutes Rec ss
Meeting reconvened, 10:10 P. M.
The Oaks - Pr liminary Plat
Mr. Windschit1 reported to the City Council that the Plat, as revised, had received
Park Advisory oard approval; and that the engineers had made up an estimate showing
the highest cos for road construction, that could be incurred.
Regular coun~il Meeting - June 3, 1975
Minutes _ Page 5
The Oaks (coJtinUed)
MOTION by Hl1asek, seconded by VanderLaan, that the Preliminary Plat of ~'The
Oaks" as pres~nted at the June 3 Meeting, be accepted. Council person Rither noted
that he could find the designated Park Area no more acceptable now than in the
original prese~tation of the Plat at the May 20, 1975 Meeting. Mr. Windschitl
noted that his eason for donating land instead of cash was that there was no other
parkland in the area, either for this Plat or Woodridge Acres. The size of the
proposed parkland, 1. 3 acres, and the location were discussed. Vote: Yes_
Schneider, HOlasek; No - VanderLaan, Rither. No decision.
Considerable liscussion ensued covering the park dedication. Councilperson
Windschitl re~uested an answer from the Councilpersons voting "no" to the
motion to app ove, as to where and how he was violating the requirements of
Ordinances N . 10 and No. lOA, as follows:
Suitabili y -
Coun ilperson Rither -- "Not suitable, not in terms of topography, but
in terms of location and the area it is serving. "
Coun ilperson VanderLaan -_ "Not suitable with regards to the financial
repercussions and impact on the purchase of
additional properties elsewhere in the City."
Safety _
Coun ilperson Rither __ "The access from Crosstown Blvd. is a definite
safety factor; Cros stown Blvd. is not an ordinary
residential street. "
Co cilperson Va nderLaan -- "The access must be considered when we
address the general public, as is done in the
ordinances. !I
Conveni nee -
Co cilperson VanderLaan -- "It is only convenient to the very few
people in the area; no provisions are made for
public parking, 'and especially if the area is
expanded. "
General Welfare -
Co cilperson Rither -- "This small area does not allow for the General
Welfare because it does not address the General Public. ¡
Attorney Haw ins advised that a "no decision" could be regarded as a denial; but
he would want to research the law on this before issuing a statement.
MOTION by V nderLaan, seconded by Rither, that the Preliminary Plat of "The Oaks"
be accepted with the provision that the subdivider shall pay $900.00 or 10% of the
Estimated Ma~ket Value of the land as determined by the Tax Assessor, whichever
is greater, fo park dedication; and that the subdivider shall post a bond with respect
to the expense as provided by the engineer for street construction.
Regular Meeti~g - June 3, 1975
Minutes _ Page 6
The Oaks (Continued)
Vote: Yes _ JanderLaan, Rither; No - Schneider, Ho1asek. No decision.
Councilperson Windschitl stated that he felt that he was being harassed for political
reasons. Council per sons Rither and VanderLaan cited several examples where
they hav:3.futj f~f. ca~dicatifn fee in~uif!nd de~atioP, in simila¿jlats.
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>"ÍI--~'v.¡~, JIbu:u..-.t- ta.-l/>...c~, ..~r-nlv"¡""'\(v...IiC<l""-' ',./)-U"'V>"I,>kQ...~cI.[ r~d.ul...1...c-~IL·-'¡:é~t::.=- I
MOTION by Holasek, seconded by Vander Laan, that the City Attorney give~a legal
opinion on the ltaking of the position of demanding cash in lieu of land in such cases.
Motion carrie unanimously.
1
Tree Inspector Pamphlets
Inasmuch as Jr. Jaworski was not present, the City Council did not wish to act
on this mattej
Date to Scree Administrative Applicants
J=, 5, 1975'J30 p, M" w.. .., '0 'oo,~ fu, 'pplfo,"=, o,o,'"d 'o-d""
League of Mi esota Munici alities Membershi
MOTION by V nderLaan, seconded by Rither, that the City of Andover join the
League of Mi esota Municipalities. Discus sion on City finances not permitting
this expenditu e at this time. Vote: Yes - VanderLaan, Rither; No - Schneider
Ho'...k, W'lOhfU. M""= d,f~',d. n w.. ,ugg.."d fu., fu, Cl,ok oo",.ct
the League Of ice to inquire as to their billing procedure.
Off-Sale, On- ale Liquor
Attorney Haw ins advised the Council that a Township with Village powers, as
was the case ith Grow Township (now City of Andover), municipal liquor can be
established at any time after incorporation. He presented the City Council with
sample IINon_ ntoxicating Liquor Ordinances", which would require adoption prior
to the is suing f Off and/or On Sale Non-Intoxicating Licenses.
Hazardous Buildin
MOTION by R ther, seconded by VanderLaan, that based on a Hazardous Building
Report, dated June 2, 1975, as submitted by Walter Arntzen, City of Andover Building
Official, rega ding a burned out dwelling at 14817 Round Lake Boulevard, that it
has been deter ined that said building is a hazard to Public Health and Public Safety,
and is a fire h zard; that an order, be issued to Marvin Benson to remove the
building withi thirty (30) days. Motion carried unanimously.
Regular Meetiþg - June 3, 1975
Minutes - Page 7
Unpaid Developers Engineering Fees
Attorney Haw±ns advised the City Council that several communities were
adopting a co prehensive ordinance requiring escrow deposits to cover these
fees; and advi.\ed the Council to do likewise. MOTION by Rither, seconded
by VanderLaa,!" that the City wait the requisite ten days as shown on the statements
as mailed to rJawrence B. Carlson, L. H. &T. Development Corporation, and
Triune Development Co., and if payment is not received. the Clerk be directed
to take whatever steps necessary to recover said costs in Conciliation Court.
,
MOTION AMENDED BY Rither, seconded by VanderLaan, that in the case of
Triune Develrment, they be re-billed in the correct amount of $310.00, based
on informatio received from the City Attorney regarding an escrOw deposit of
$300.00. Amendment and motion carried unanimously.
MOTION by ~indSChitl, seconded by Holasek, that the Clerk be directed to send
a notice to ea~h of the parties involved, advising them that action will commence
on June 9, 1915 if payment is not received. Motion carried unanimously.
Tires _ Chap an's Park
MOTION by R ther, seconded by VanderLaan, that based on a report dated
June 3, 1975 f om Walter Arntzen, Andover Building OfficiaJ;, that the City of
Andover direc Cecil Heidelberger to remove the remaining tires in Chapman's
Park. MOTI N AMENDED by Rither, seconded by V"nderLaan, that the
City Council d rect James Griswold, Park Advisory Board Chairman, to
gather the fac s surrounding the case and secure documentation on when the
tires were br ught in, and by whom. Discussion on whether Or not this would
solve the prob em. Motion and amendment withdrawn.
MOTION by R ther, seconded by VanderLaan, that based on a letter dated
June 3, 1975, from Walter Arntzep., Andover Building Official, drawing oUr
attention to a blic Health hazard in Chapman's Park, we hereby direct the
City Attorney o take whatever legal steps are necessary to contact
Cecil Heidelb' rger, principal in the case, to have the tires removed within ten
(10) days. M tion carried unanimously.
MOTION by R ther, seconded by V~nderLaan, that based on this incident, the
City Council d op Mr. Heidelberger from the roster of members of the
Park Advisory Board. Vote: Yes - VanderLaan, Rither; No - Windschitl,
Ho1asek, Schn ider. (Felt that more information was necessary on the directives
to drop these ires in the Park). Motion defeated.
Bills
MOTION by V nderLaan, seconded by Rither, that bills in the amount of $3,257.71,
Vouchers #22 through #236, be paid. Motion carried unanimously.
Regular Coun1il Meeting - June 3, 1975
Minutes - Page 8
Adjournment
MOTION by Rither, seconded by VanderLaan, to adjourn. Motion carried
unanimously.
Meeting adjou ned _ 12:20 A. M.
Patricia K. L"ndquist
Clerk/Treasu er
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FollowinG is a verbatim excerpt from the recorded minutes of the
City Council Meeting - June 3, 1975
Council,person 'Nindschi tl - I would like to have a clarification
for th1 records. The ordinance says that no area may be dedicated
for public use until it is proven to be suitable--is there any
disagreement that the area is unsuitable, and I would like this
entirel~ in the records. *
that t~e area is unsuitable.
Counci person Rither - In terms of the topography, Jerry, not
as ind~cated on your topography drawing here, no, but I think
that i~ terms of the location, and the area that it is serving,
I feel that perhaps it is not suitable for park dedication at
this t~me; and that also goes into, and I addressed this earlier,
about Jhe access.
Counci]person Windschitl - I am going to go through all of these,
and I would like....
counciJperson VanderLaan - To answer your question, unsuitable
with r~g"rd to tho r",rourcionr--I mention finan'ial r,perou"aionr
with r gard to the impact of the purchase of additional properties
somewh re else in the City.
Counci person ~indschitl - But should that make it unsuitable for
peOPlejthat are going to live in here--the question is, is it
sui tab e for park purposes.
Counci person VanderLaan - It does not say anything about that,
it saYf suitable and needed for the public health .. .
- J'u bli cheal th, not only for The Oaks
bu t fm other developments...
Counci ,Derson VanderLaan - For safety, convenience and/or general
welfar , well, the general welfare of the public is being addressed.
Safety of the particular persons in that park is what we were
talkin¡ about previously *
with r card to havinc a neighborhood park located there, but thi1t is
just t' ose persons involved in that subdivision and not generally...
Counci· person Windschitl - *
Any ob ections to the sClfety factor?
Counci 1Derson Rither - There could possibly be from the standpoint
of the QCCe3S that I addressed earlier--off of Crosstown Blvd.,
not the t actual park itself way in the back, no, because it is
clear f everybody, but it is getting in and out; and that is a
consid ration.
Counci person Windschitl - It is the same access to any park *
they all have to ßO Clcro~, G the street.
* Unab e to interpret on the tape recording~
Vprbatim PX .erpt - June 'I 1975 (Continued)
. ,
Council pr~on Rither - I am talkin~ about the 20' stretch,
t"ot liftl' oo"n," down "0"'; and I would think thot nIl ""idontinI
streets are not like Crosstown--what is the projected width--
what ki d of volume (traffic) is it going to carry--how are
you [oi ~ to cpt in there--you have cot 20' wide, and you are
~ U~l~ in traffic on Crosstown into thi~ 20' wide space, and..
U.NNl.{ft..ri
Counci - 'er"on 1;,'indschi tl - *
and wel , I think that is gettine; way beyond 2,ctual usage--we
haven't made a determination there, that is e;oine; to havp to be
, , ,d of policy decision which I assume you arp addressing
~oOP Kl
to the uture and not now. Any objection to convenience?
Council pr"on Vanderlaan - It is not convenient for all thp persons
other t 2.n those that are living in that addition, inasffiuch as it
is only a 20' acce~s and if there are somp persons who would rathpr
drive t a park th8n ride a rorse or ride a bikp, it just dopsn't
sui t.
Council erson ~indschitl - It is a npighborhood park, and you got
a full idth street which would provide parking if Bompone w8nted
to driv their car there; there is an easement to...
Council erson VandprLcwn - ':'heynwould havp to sO n.cross a lot...
Council PTson ~indschitl - No...
Council pr~on VanderLaan - They come down your cuI de sac, Jprry.. .
Council prson Wind~chitl - Thpy can park ~nyplace in the cuI dp s?.c
and not havp to cross 2. lot, there is an easement right here.
Council þcrson VanderLaan - you have to [0 up parallel to Cra f s to\,;n
ac;ain. .
Council berson í!indschitl - not any thine; to do with road ric;ht-of-way,
whatsoe lTer.
Council herson VanderLa.an - They would ha.ve to park and [0 bock in...
Council þprson ',iindschi tl - ',,'hich is a ,listancp of *
Council person Holasek - ';,'ould, I [Ueps, I did not me3.n to interrupt,
but in r'ec;ard to the--Mary mcntionpd about this 8ccess. loP ...
" l L
\"'?re po ssible to put this 3CCPSS between two othpr lots which would
run dOh ! to here, would you h8.ve the RAme objpction, Mary? I
don't k ,ow if it is possible, but I Am just"ia~kin[ ¡:ary--you arp
objecti 1.[ to the Access easpnent here, alone; the edge here, herp
on Cro" 'town, if he would provide this easement, for let us SCly,
up on *
which I do not know if it is feasible, but I just want to know,
would y u havp the f'8me objection to it then?
Verb8tim e cerpt - June 3, 1975 (Continued)
PaGe 3
Counci person V!1nderL8an - That would be relooatin~ the problem.
counoi~person Holasek - No, I mean your problem here is alonE
CroEstown.
counci~person VanderLaan - No, I jU:5t said it was parallel, so I
just wrote it down.
counciJperson Holasek - No, but isn't your objeotion to it.. .
counciJberson V!1nderLaan - My objeotion to it is for convenienoe:
it is desiGned only for those persons purch8sinE in that subdivision-
it is ~ very small sized park, and when we talk about convenience,
we tal about public convenience.
Councilper"on HolRsek - Well, 1 thouGht it was a neichborhood park
for thi's [ieneral area.
counciJperson VanderLaan - Yes, and that the deternining factor...
councilberson rtolasek - It was for someone else in another part of
the cou try.
Council,erson Rither - We are talking about expandinG it though;
if it is strictly a neighborhood p8rk, 8nd if we do not need to
expand 't, already we 8re talking about puttin~ *
Council.erson Holasek - Ye~, but.. .
Council erson Wind"chitl - *
Council er"on Holasek - I aSS1Jr.J.e that if they did that, they would,
the Par Hoard or whomever, whether it was dedicated, or I mean
donated or purchased, they WQuId purchase also additional riGht-of-
way, an maybe even a parkinE area if they wanted automobile traffic
in there, probably maybe rißht alone; the same lot line there, but
I mean this wouldn't, 1 mean that you still would have the same
objecti n if it went down the lot line, I mean off the cul de sac,
you kno , as you did over here. You got the easement here, if the
easemen vJere to GO here, would you have the s"'me objection.
Council er"on Windschitl - 1 guess now 1 would ask the attorney,
what le~ally in term" of park dedication *
I, hereby ce tify that the foregoing three (3) pages of tranccript,
"cept foo t 'oe P'otionoindioatOd~cteOiCk' as
recorded. '
, ,
,.' {1' ~ .
Patricia K. Li