HomeMy WebLinkAboutCC October 7, 1975
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CITY of ANDOVER
,~ REGULAR CITY COUNCIL MEETING - OCTOBER 7, 1975
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The Regular Me ting of the Andover City Council was called to order by Mayor
Richard J. Schn ider on October 7, 1975, 7:30 P. M., at the Andover Community
Center, 1685 Cr sstown Boulevard N. W., Anoka, Minnesota.
Councilpersons resent: Holasek, Rither, VanderLaan, Windschitl
Councilpersons bsent : None
Also present: City Attorney, William G. Hawkins; City Engineer,
Rex W. Stockwell; City Administrator, Norman.;r. Werner;
City ClerklTreasurer, P.K. Lindquist; Planning and Zoning
Chairman, David Jack; and others.
roval
MOTION by Rith r, seconded by VanderLaan, to approve the agenda as published,
with the deletion of Item 8~ b (LH&T Street Acceptance) and the addition of Items
9-b (Depositing f City Funds), 9-c (County letter Re. Bicycle Trailways), and
9-d (Meeting wi Charles Weaver). Motion car ried unanimous ly.
MOTION by Rith r, seconded by Holasek, to pass over Item 3-a (Minute Approval),
:'; and take up Item 4_a (Jay Street Assessment Hearing), followed by 4-b(Fire Call
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Assessment Cer ification Hearing); and after those two items have been concluded,
return to Item 3 a, and follow with the rest of the agenda items as specified.
Motion carried animously.
Jay Street Asses ment Public Hearin
Mrs. Harold Wil ur was the only affected property owner present. She asked
1) the amount of er assessment, 2) the amount of Kottke Bus Company's assessment,
and 3)noted that ey were not the owners of ~arcel 50 as listed on the mailed notice.
She was informe that her assessment was $2,186.67; Kottke Bus Company would be
paying 46.9% of e project total cost; and that the ownership on Parcel #50 would be
corrected on the rolls. No objection to the assessment was offered by Mrs. Wilbur.
Councilperson V nderLaan questioned the administrator on whether the assessment
roll had been pr pared prior to the notices being mailed to the property owners, to
which Mr. Wern r advised that the assessment roll was prepared þefore September 19.
MOTION by Van erLaan, seconded by Rither to adopt the assessment roll establishing
the interest rate of 8%, to be spread over the taxes for a period of ten years (Exhibit "A"
attached). Moti carried unanimously.
~\ Fire Call Certifi ation - Public Hearing
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Mayor Schneider dvised the audience that these were for fire calls occurring between
certification in 0 tober, 1974 and until Grow Township was incorporated into the City.
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Regular Meeti g- Octoberl; - ~.'
1975
Minutes - Page 2
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'~ Fire Calls (con inued)
65924-6610 - r. Holasek read a letter to the City Council stating in part that the
fi e for which he was being charged, was a grass fire started by a
y ungster in the adjoining subdivision, and the danger was not to his
p operty but to the horres in the subdivision; and that he did not feel
thO s to be his responsibility inasmuch as 1) the fire was deliberately
st rted by someone else, and that the danger was not to his property,
b t that of others; and 2) j¡~q it 1>"'''1388" {SF th~ "dghburt!ll; huuses,
h co Id f.
T e Council advised Mr. Holasek that in similar cases in previous
y ars, the Town Board had followed the law as outlined in MSA 365.18.
65929 -7000 - rs. Rosella Sonsteby, property owner, stated that the fire was a
as s fire, started by others, and the Anoka Fire Department was called
o tbyothers. In view of this, she did not feel responsible. She advised
th t she had contacted the number listed in the telephone directory for
g ass fires, and they in turn, had called the Anoka Department. She
st ted that she would not pay the bill inasmuch as there was no immediate
d nger; and that fires had been set previously on her property for which
.- s e had payed for the call, however, she did not feel that she should
c ntinue; and if her insurance company did not settle the charges, she
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w uld take the matter to court.
65909-4850 - r. Thorson of LH&T Development Corporation, stated that this was
eat fire, and that even though the Anoka Fire Department was called
o t, it was'his company that eventually Ò~xtinguished the fire. He
o jected to the charge for this reason.
65930-10 - r. William Eide of Programmed Lands, Inc., stated that the structure
w ich burned had been sold to Mr. Robert Hall, therefore, he did not
fe 1 responsible.
M . Eide was advised that statute states that the property owner of the
la d on which the fire occurs is responsible, and that the City cannot
ge involved with ownership on private dealings.
67809-350 - 0 ner not present
69277-30 - 0 ner not present
69277-7100 - 0 ner not present
Mr. Holasek asked for verification On the statement that if the charges were paid
within 30 days f the hearing, they would not go on the tax rolls. Attorney Hawkins
~ concurred.
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Regular Counci Meeting - October 7, 1975
Minutes - Page 4
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~ th Addition (continued)
Cedar Crest -
MOTION by Ri her, seconded by VanderLaan, that inasmuch as it has been Over
two years sinc the plat was originally filed; and it has been noted that oWller;ship
of property abu ting the subdivision has changed-the request of Mayhan for an
extension of ti e be denied, and that we instruct them to return to the
Planning and Z ning Commission and proceed with the subdivision in accordance
with Ordinance 10, lOA. Motion carried unanimously.
The Council di cus sed the improvement as required but not completed by
November 1, 1 73 in Cedar Crest Third Addition; and therefore forfæting the
þ.....¡¡q -:..W'i escro deposit. MOTION by Rither, seconded by VanderLaan, to
direct the staff to proceed to have the improvements completed on the streets
as i1;greed upon in the Contract with Mayban Corporation.
The question w s raised as to what would be done in the escrow deposit were not
sufficient to co er the costs of the improvements. Attorney Hawkins informed the
Council that th excess would be assessed back to the property owner, as indicated
in the contract.
Motion carried unanimously.
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',-" Establishment fa ParkslRecreation Com'mission
MOTION by Ri er, seconded by VanderLaan, to table the establishment of a
Parks/Recreat'on Commission to October 21. Motion carried unanimously.
The clerk was irected to furnish the Council with copies of the Champlin Res:ol'lXtion
covering their arks IRecreation Commis sion.
Ordinance lOB Pro osed
Council review s follows:
Page 1 - N objection to prç¡posed changes.
Page 2 - D sbussionÒn ineludi11,g'¡>ÒVateap.<ipl.lbiic }Jroþérty in proposed
" ight-of- Waydtiflriition. It was agreed to leave as proposed.
Page 3 - D scus sion on the proposed elimination of "minor streets". It was
a reed to delete as proposed.
Page 4 - It was agreed that proposed Item "e" could be eliminated as the
ne ly adopted Escrow Ordinance would cover this.
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--- Page 5 - 7. 02a - Correct the proposed 10 copies to 15 copies to allow enough
f r circulation to the Council.
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Regular Counc'l Meeting - October 7, 1975
Minutes - Page 3
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Fire calls (con inued)
MOTION by Va derLaan, seconded by Rither, to direct the Clerk/Tr easurer
of the City of A dover, to certify to the tax rolls, the fire calls on the aforementioned
properties (Re 01 ution, Exhibit liB" attached). Vote: Yes - Schneider, Rither,
VanderLaan, indschitl; Present - Holasek. Motion carried.
A roval of Mi utes
August 11, 197 - Correct as written
August 13, 197 - Correct as written
August 19, 197 -Page 2, Line 5, Item 2 -- Add, . . . "Councilperson Rither questioned
the advisability of granting rate increases when the Council did not
have a copy of the current contract with which to make a comparison.
It was noted by the staff that to date no copy of said contract had
been located in file but :efforts were continuing. "
Page 3, Line 3, Item 5 - - Add.. . . "for bridge, pathways, fencing
and site preparation, including the land, on the east side of the
~ creek. II
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August 26, 197 - Correct as written
Sept em be r 2, 197 - Correct as written
September 16 a d 18, 1975 - Council persons Holasek and Windschitl requested
deferment of approval, inasmuch as they had not had the opportunity
to review same.
MOTION by Ri er, seconded by VanderLaan, to approve the Minutes of August 11,
13, 26, Septem er 2 as written and August 19 as corrected. Motion carried unanimously.
Cedar Crest - th Addition
A lengthy discu sion was had by the Council on 1) provisions in Ordinance 10 for an
extens ion of ti e, 2) adjoining pr0p"rty ownership changing since notification,
3) the length of 'me lapsed since preliminary plat approval, 4) the records not
being clear as to exactly what was approved, 5) possibility of standards and
requirements c anging since the submission of the plat, and 6) Planning and Zoning
action on the pI t at the ~ugu&t" "meeting. Dave Jack noted that the Commission
had tabled actio at their August 26, 1975 Meeting, inasmuch as the plan presented
é~ to them at this eeting was considerably different than what they had actually
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5 -Minute Reces called to allow the clerk to secure the 112 section maps to
ascertain what reas were included as platted.
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Regular Counci Meeting - October 7, 1975
Minutes - Page 5
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~~ Ordinance lOB (continued)
Page 6 - A lengthy ,discussion was had on the proposed change of 30 days
f om lO days in allowing the Planning and Zoning Commis sion to
r port to the City Council.
A torney Hawkins informed the Council that MSA 462.358 required
th Council to act on a plat within sixty days.
It was agreed that 7. 02e should be changed to read "thirty days",
a d 7.02£ to remain at ten days.
Page 7 - 8 02c was changed to 100 feet as this is the distance shown on all
p eliminary plats.
C rrect proposed Item "h" (high water level) to "k".
Page 8 _ 8 04h (proposed) - The Council did not feel that the statement
" t all times" was a clear definition.
Page 9 - 9. 02c (proposed) - "primary" corrected to read "direct" in order
~ to define better.
~ (right-of -way)
9. 03a (proposed) - 66' width questioned for GsUeef;e. eni! minor streets.
M . Stockwell stated that this was felt to be needed for utilities and
w uld eliminate securing easements for installations and repairs. It
w s noted that the actual roadway width would not be changed. The
m jority of the Council (Councilperson Windschitl objecting) agreed
th t the 66' right-of-way was necessary.
Page lO-N change
Page 11- No corrections
Page 12-9.04 (a-l)(a-2) - A vf:.ry lengthy discussion was had on including
pu lic water in the requirements. Council person Windschitl objected
in that water is not available anywhere in the City.
PI nning and Zoning Chairman, David Jack, noted that lOB must
co orm to the Comprehensive Development Plan, and that the Council
is way ahead of itself in making a decision on Ordinance lOB prior
to their acceptance of the C. D. P. The Council agreed. _.-v_.·~
í"', MOTION by Rit er, seconded by Windschitl, to continue the discussion on the
proposed revisi n of Ordnance lO, lOA, lOB until we have settled the basic policy
~ decision incorp rated in the Andover Comprehensive Development Plan. Motion
carried unanim usly.
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Regular Counci Meeting - October 7, 1975
Minutes - Page 6
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,-'"' Engineèr's Re
Seal-Coating - gineer Stockwell furnished the Council with copies of acceptance
f the work. It was noted that the actual cost was approxima,tely
500 over the bid price. Discussion on the l)overage, 2)unit price,
s opposed to a lump sum ,bid, 3) total area of application, and
) when seal-coating will be needed for this area again.
r. Stockwell reported that you generally receive a better price
hen bidding on a unit charge; and agreed to furnish the Council
ith the total square yards covered in application; and noted that
eal-coating holds approximately 6 - 8 years.
Jay Street - he certification for payment to NDH, Inc. for Improvement 75-4
as presented to the Council for payment. The "patches" were
iscussed, and the Council was advised by Mr. Stockwell that there
ere no problems. Questions were raised on the one-year guarantee
nasmuch as there was no bond or deposit.
Park Advisor ,oard
No members w re present.
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'''-"' 140th Lane N.
Attorney Hawki s advised that before the City could consider accepting this street,
it would be necessary to order owners and encumbrancers abstracts on the
lots abutting th street. .
Di:scu,s,gion ens ed on this street being up to City standards; and the possibility
of requiring tha this be done under MSA 429 prior to acceptance. Counsel advised
that the street hould be accepted first, and then if necessary, the improvements
ordered.
It was agreed t at the Clerk should contact the affected property owners requesting
a $50 depösit from each to cover the legal work required on the abstracts; and to
advise them tha it may also be necessary to bring the street up to city standards.
Animal Control Contract
Councilperson ither stated that he felt that M. A. P. S. I. was experienced in
animal control nd were completely equipped, whereas BlainelMidway All Pets
was just startin out; therefore, MOTION by Rither, seconded by VanderLaan,
that the city enter into a contract with M. A. P. S. 1., based on comparàbles furnished
by the City A inistrator, to provide animal control for the period of October 7, 1975
,--., through Decem er 31, 1976. The City to pay M.A. P. S. 1. for services as follows:
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Regular Counc"l Meeting - October 7, 1975
Minutes - Page 7
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Animal Contro (continued)
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a. $10.00 per hour as patrol for time of actual services for the City.
b. $ 2.00 per 24-hours or fraction thereof, for boarding animals impounding.
c. $ 3.00 per animal for destroying
d. $10.00 for special service per hour.
In addition, the billing is to be in such detail that we can account for all hours and
time expended n behalf of the City of Andover. Vote: Yes - Rither, VanderLaan;
No - Windschit , Holasek, Schneider. Motion defeated.
Councilperson ither asked if any Councilpersons were personally acquainted with
Mr. Wax, proprietor of BlainelMidway All Pets, to which he was told "no".
Councilperson indschitl commented that in computing the travel time for
M.A. P.S.I. to and from their base at 506 - 11th Avenue N. in Minneapolis,
we actually wo Id be paying them $25 per hour; with a cost of $18 per hour
to BlainelMidw y All Pets allowing travel time to and from their base on
Radisson Road . E. in Blaine.
MOTION by Wi dschitl, seconded by Holasek, to enter into a contract with
Blaine IMidway All Pets for the period of October 7, 1975 through December 31, 1975,
provided with t e stipulation that either party may cancel with thirty (30) days notice;
r--, a,nd with rates s follows:
..,,-' a. Regula and Extra Patrol Service - $12. 50 per hour
b. Boardi g charge - $2.00 per 24-hour period or fraction thereof.
c. Impoun ing fee - $20.00 per ordinance
d. No cha ge for destroying animals.
Mayor Schneid r asked Mr. Wax if he clearly understood that impounding fees
and license fee were to be collected by him and returned to the City; and that
violation ticket were to be is sued for all ordinance violations. Mr. Wax replied
that he did.
Vote: Yes eider, Windschitl, Holasek; No - Rither, VanderLaan. Motion
carried.
Mayor Schneid r stated that he voted "yes" because 1) there was no charge for
disposal, 2) Bl inelMidway is closer to Andover which would be less cost per hour,
and 3) the Cont act was on a 3-month trial basis.
MOTION by Wi dschitl, seconded by Holasek, that the ClerklTreasurer be
authorized to h ve Blaine/IMidway All Pets spend up to five hours per week on
patrol for a two-week period on a te.st basis to see which way would benefit the
City. MOTION AMENDED by Schneider, seconded by Holasek, that a set number
,~ of hour s not be included in the motion - Wi thdrawn. Vote (On Motion) Yes -
Schneider, Hol sek, Windschitl; No - Rither; Present - VanderLaan. Motion carried.
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Regular Counci Meeting - October 7, 1975
Minutes - Page 8
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~ Funds for Investment
De ositing of e-
MOTION by Ri her, seconded by Windschitl, that the staff, City Administrator
and City Clerk Treasurer, be authorized to make such investments of Sanitary
Sewer Funds 0 hand in the City Treasury and not needed for operations, for
a maximum inv stment. MOTION AMENDED by Schneider, seconded by
Windschitl, tha a monthly report be furnished the Council. MOTION AMENDED
by Rither, sec nded by Windschitl, to include all City Funds. MOTION RESTATED
by Rither, sec nded by VanderLaan, that we authorize the ClerklTreasurer and
Administrator o make such investments of un-used City Funds not needed for
pperations; and a balance in the fund, plus interest earned to date and interest
accrued be rep rted to the City Council along with the Clerk I s Financial Report.
Motion carried unanimously.
A enda Items t be Handled
MOTION by Va derLaan, seconded by Rither, to handle only items 9-c (County
Bicycle Trailw ys, 9-d(Meeting with Charles Weaver). 10 (Payment of Claims).
Motion carried unanimously.
Count Bicycle Trailwa s
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--.,.' MOTION by Ri er, seconded by VanderLaan, that Jerome Lapham be authorized
to represent th City of Andover at the Meeting of October 29, 7:30 P.M.. to
discuss Anoka ounty Comprehensive Bicycle Trailways Plan. Motion carried
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unanimously.
Meeting with Carles Weaver
MOTION by Rit er, seconded by VanderLaan, to direct the staff to contact
Mr. Weaver, i viting him to attend the October 21 or November 4 Council Meeting;
and ask him to dvise immediately if he will be able to attend either meeting.
Motion carried animously.
Com rehensive Develo ment Plan
MOTION by Rit er, seconded by VanderLaan, to place the question of the
Andover Compr hensive Development Plan on the à.genda for the November 18
Council Meetin . Motion carried unanimously.
Councilperson anderLaan suggested ,placing a large notice of this meeting in
the legal newsp per.
,~ Payment of Cla'ms
_/ Councilperson ither questioned whether the Newsletter had been edited prior to
submitting to G & G Graphics for printing. The Editor of the Newsletter was not
present to answ r the que~tions. The reason for the inquiry by Mr. Rither was
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that the Newsle ter and the~ rograms contained an excessive number of errors;
and he fe It that here should be a reduction in cost.
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Regular Counci Meeting - October 7, 1975
Min1!llt:es - Page 9
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'-' Payment of CIa ms (continued)
MOTION by Va de1t~econded by Rither, to approve claims 101-114 inclusive,
in the amount 0 $i4~ . in the Special Assessment (75-2, 75-4) Account; and
claims 101-113 inclusive in the a.mount of $99,179.82 in the FHA Supervised Special
Assessment Ac ount; and Claims 379-409 inclusive, excluding #381 (Babcock, Locher,
Neilson & Man ella - not included in report) and #384 (G & G Graphics) for a total
amount of $23, 28.16 in the General Fund. ,MOTION AMENDED by Holasek, seconded
by Schneider, t deny approval of Voucher #408, covering tuition to Assessor's
School for Jam s Thurston, inasmuch as M;r. Thurston was not acting in the
capacity of,ass ssor for the City of Andover now, and there was nothing confirming
that he would b . Vote (Amendment)- Yes - Holasek; No - Rither, VanderLaan,
Windschit1; Pr sent - Schneider. Amendment defeated. Vote ;(Motion) - Yes - Schneider,
Rither, Vander Laa.n, Windschitl; No - Holasek. Motion carried.
Assessor's Wo king Hours
The City Admi istrator was directed to contact Mr. Triggs, instructing him that
no asses sment ield work is to be conducted On Sundays unless by specific request
of the property owner.
,'"' Adjournment
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MOTION by W' dschitl, seconded by Rither, to adjourn. Motion carried unanimously.
Meeting adjour ed - 1:17 A.M. (October 8, 1975)
Patricia K. Li
Clerk/Treasur r
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/ e~ ,-A':i OF' ANDOVk:J{ ej ~'
COUNTY OF AIDKA
STATE OF MINNESOTA
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A RESO UTION CERTIFY1NGCHARGÉS'TO THE CÔUNTY AUDITOR ,
TO BE EVIED AGAINST CERTAIN PROPERTIES FOR COL¡'ECTION
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WITH T E TAXES PAYABLE IN THE YEAR, 1976.
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WHER.EAS, certain fire calls wer;' made H'y the City of
Anoka ire Department on and at property located within Grow ToWnship
(now Ci y of Andover), Anoka County, State of Minne,~ota, 'in the
year 19 4, after, certification date of OC,tober 8, 1974, and
WHEREAS, Grow Township (now City of Andover) had
incurre certain costs and had made payment for said fire calls
pursuan to a contract with the City of Anoka, and
WHEREAS, the owners of said properties were given
~ . due !loti e to pay such charge, and a public hearing was held on
'-.../ October 7, 1975, pursuant to MSA 365.18, and
WHEREAS, the owners of said properties did not pay
said ch rges, the City of Andover (formerly Grow Township) under
, authorit of M~nesota State Statute 365.18, does hereby assess
the atno ts unpaid, plus 10"/0 penalty as indicated on the attached
as se s s e!lt rolÌ against the benefitted properties.
NOW THEREFORE, BE IT RESOLVED, that the
City of dover (for~erly Grow Township), is hereby authorized
and dir cted to; certify to the County Auditor for coUectionwith
the taxe payable in the year, 1976, the charges as iisted on the ¡
attached assessment roll.
Passed y unanimous vote' of the City Council on October 7, 1975.
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Richard J. Schneider" Mayor
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-" CÌc-"y ül;¡<;~f:i'DO '~_../ .~
,- COUNTY OF AWKA
,,~ STATE OF MINNESOTA
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A RESOL TION CERTIFYING CHARGES TO THE COUNTY AUDITOH
TO BE L VIED AGAINST CERTAIN PROPERTIES FOR COLLECTION
WITH TH TAXES PAYABLE IN THE YEAR,197ó.
WHEREAS, certain fire calls were made by the City of
Anoka Fi e Department on and at property located within Grow Township
(now City of Andover), Anoka County, State of Minnesota, in the
year 197 , after certification date of October 8, 1 97 4, and
WHEREAS, Grow Township (now City of Andover) had
incurred ertain cosh and had made payment for said fire calls
pursuant o a contract with the City of Anoka, and
,~ WHEREAS" the owners of said properties were given
'----- due notic to pay such charge, and a public hearing was held on
October , 1975, pursuant to MSA ~65. 18, and
WHEREAS, the owners of said properties did not pay
said charges, the City of Andover (formerly Grow Township) under
authority of Minnesota State Statute 365. 18, does hereby assess
the amo ts unpaid, plus 10% penalty as indicated On the attached
nt roll against the benefitted properties.
NOW THEREFORE, BE IT RESOLVED, that the
City of dover (formerly Grow Township), is hereby authorized
and direc ed to" certify to the County Auditor for collection ,with
the taxes payable in the year, (976, the charges as listed on the
"ttached ssessment roll.
Passed ~'IDm~. V~o ,í <ho C~:;L
0 ! ~T) Richard J. Schneider . Mayor
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