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HomeMy WebLinkAboutCC August 17, 1976 CITY 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 17, 1976 AGENDA 1. Call to Order - 7 :30 P. M. 2. Agenda Approval 3. Public Hearings - None 4. Legal and Engineering - 7:45 P. M. a. Prairie Road Realignment b. M; S. A. H. Reports c. Forest Meadows Roads - Final Approval d. P"blic Works Funding e. Variance - Richard Gabrish f. 5. Ordinances and Resolutions - 8:45 P. M. a. Dog Ordinance b. Ordinance Enforcement 6. petition1. Requests, Communications - 9:15 P.M. a. Gr'ow-Oaks, Preliminary Plat b. Ba'rnes Rolling Oaks, Preliminary Plat , c.. Round Lake Estates, Preliminary Plat d. Pa\.Il Jenssen - Special Use Permit Review 7. Reports If Officers, Boards, Committees - 9:30 P. M. , a. Red Oaks Park Proposals b. Pa k/Recreation Commission 8. Old Busi ess - 9:45 P.M. a. 16 th/ 168th Avenues Report 9. New Bus ness - 10:JO P.M. a. Re olutiori-Election ·Judges Approval b. Re olution - Set Council Salary (1977) c. Be efit Package - Registration Fees d. An over Schoolhouse _ Maintenance 10. Approval of Minutes - 10:20 P.M. a. Jul 28, August 3. 1976 11. Approval of Claims 12. Adjournment CITY 01 ANDOVER REGULAR CITI COUNCIL !1EETING - AUGUST 17., 1976 TIle Regular Bi~!~nthly Meeting of the Andover City Council was called to order by Mayor Richard J. ScJmeider on August 17, 1976, 7:30 p.m., at the Andover City Hall, 1635 Crosstown Boulevard N. W., Anoka, Minnesota. Councilpersons, present: Ri ther VanderLaan, Holasek Councilpersons absent: Windschitl Also Present: Ci ty Attorney William G. Hawkins; City Engineer, D. R. Kasma; Planning & Zoning Chairman, Ken Orttel; City Clerk, P. K. Lindquist; and interested residents. ARenda Approval ~OTION by Rither, Seconded by VanderLaan, to approve ~le agenda with the follrn~ing changes: Delete Sa. Dog Ordinance, 9b. Resolution - Set Council Salary (1977) and lOa. Approval of !finutes July 28 and August 3, 1976 -- Add: 6e. Hig!nvay Deparment Building. Carried unanimously. Prairie Road Realignment Engineer Kasma explained the rcalignment of the proposed MSAlI right-of-lvay through the property O1med by Windslmv Holasek. ¡ Wins how Holasek wants it noted in the record that he is speaking only as an affected land mffier on this Prairie Road Project. He will not be voting on any of the decision making maotions. He is not opposed to the upgrading of the road but does feel that there is an excessive amount of right-of-l~ay necessary for this tyPe of road and still feels he will be losing more trees than should be necessary. Hr. Ho1asek does object to the fact that his property must be sccured through the condemnation process. Attorney IlalvkJs explained the process as follows: Action would b9 commenced to acquire by eminent domain in District Court and he would have the ri~lt ¡to hire his 01ffi appraiser and would be reimbursed up to $300, the City Ivill have an appraiser, Engineer Kasma will be utilized and will all mcct with three Court appointed commissioners, probably Ivi thin the next two months. The City will present appraisal, Engineer will present his data, his appraiser will present his information an9 he will have a right to testify what he thin)<s it is Ivorth. The three COmmiSSi~ers will make a determination as to the value. He can accept this but if he does ot agree has the right to appeal to District Court and have a jury trail. The Co~ssioners are picked from a list the Court has. H.S.A.H. Reports Engineer Kasma ~ported he l~ould need an updated resolution; it is the standard resolution for ecuring funds for next year. HJTION by Ri the , Seconded by VanderLaan, to adopt the resolution establishing Municipal State Aid Highways as recommended by D. R. Kasma, City Consulting Engineer. (Resolution att ched) Vote: Yes; Schnedier, Rither, VanderLaan - Present; ~~lasek Motion carried. I Regular City Council Hceting August 17, 1976 - ~ünutes Page 2 Forest ~~adows Roads ¡ Although Larry Carlson is not prcsent yet, ~Iayor Schneider recommends action be taken on the rccommcndation of tlle Engineer. ¡,mro:J by JIolasek, Seconded by VanderLaan, to accept thc final streets in Forest HeadOlvs per thc recommendation from thc Engineer and thcn release the money now hc1d in escrrnv. Hayor Schneider asked about the one year guarantee on the roads and how this would bc handled. Engineer Kasma will try to determine the amount and other factors before the meeting ends tonight. A~\é" ù¿Jì mTION by Van erLaan, Seconded by Rither, to defer action on the Forest l!eadmvs roads until such timc as the Einginecr and Clerk can make a recommendation regarding the amount of mone~ involved in the guarantee. Carried unanimous 1 y. , Puhlic Works FUndin~ ~hyor Schneider briefly reviewed the Public Ivorks Funding being made available by the Federal Government as they are trying to create more jobs for the building trades. Information secured by the City Clerk was given to the City Council. Engineer Kasma described the process for applying for this funding and what he felt the possibility of getting funds was. lie feel it will be a fast moving project and that the citics having plans to suhmit that are already in the process, Ivill be most likely to get funding. Plans' could be drmin un for a Fire Station for thc City of Andover and the cost at thc very least l~ould be $4,000. After discussion it appeared that the City Council. is not completely is favor of this type of proj ect in the City. A suggestion was made that possibly a committee should be appointed to determine if this type of facility is needed in the City at this time, and what the City's needs really are. Letter from thJ City Clerk reviewing costs for fire nrotection was revicwed by Holasek. Councilperson ~derLaan asked about the possibility of securing some of this type of funding to supp cmcnt the IISAlI project so it could be completed earlicr. Engineer Kasma indicatedlthat he would check this out. Variance - Rich rò Gahrish The Ci ty Counci received a letter and map regarding this variance. The situation is similar to thc , Builders variance. ~mION by IIo1as k, Scconded by Schneider, that the vaiancc be granted to Richard Gabrish and the staff should prepare in resolution form, the variance per the rccommen- dation received from the Planning & Zoning Commission dated July 30, 1976, Commission 76-4. Variance is req ircd so that he can comply l~ith Ordinance 10, Section 6.02. Carried unanimo ly. (Copy of resolution will be mailed to Richard Gabrish) ¡ Regular City Council Heeting August 17, 1976 - lünutes Page 3 ~DTION by VanderLaan, Seconded by Rither, to grant a cOMDletion extension to A. P. Keller on Improvement Projcct 75-1 to September I, 1976, and that a Change Order be executed by the City Council for Keller for a stub size change for 'Ieadm~ Creek Baptist Church. Carried unanimously. Ordinance Enforcement At the present time ordinance should be enforced when a complaint is rcgistered. This was discussed at the budget meeting last year and recommended by staff to appropriate money, but there was no money available for this enforcement. It is the responsibility of the City Council to report violations as they see thcm. A much larger budget would be necessary in order to enforce ordinances as they should be enforced. Councilperson Rither stated that there had been a program available through the State, in conjunction with the Bicentetmial, for the removal of old and abandoned automobiles. 'DTION by Rither, Seconded by VanderLaan, to direct the Staff to contact the State of Mitmesota and determine precisely what type of funding and what type of program is available for the removal of junk and abandoned automobiles and how that program would relate to us and how it ties in IÜth the message that Lt. C,overnor Perpich relayed when he Ivas here. (Mayor Schneider accepted the motion cven though it is not an agenda item) Vote: Yes; ScJmeider, VanderLaan, Rither - No; Holasek, as he does not feel this is agenda item. ~btion carried. I Engineer Kasma relayed to the City Council that the .guarantee on the Forest 'Ieadows Roads would be approximately $3,000 which is 3% of the total project. cost. ~~. Larry Carlson stated that the amount held in escrow l~as 150% of the total project cost so the amount of the guarantee should actually be closer to $2,000. ~IJTION by HOlaskk, Seconded by VanderLaan, that the City of Andovcr accept the streets in Forest Meado~s and also refund the escrow amount deposted cxcept for the guarantee of $2,000, requIred from the developer. Carricd unanimously. I . Red Oa};s Park ( rought un now so Engineer could be excused) Engineer Kasma tated that the contractor doing the work last fall has gone out of business and No htern Contracting is nmv working in the area. They have been contacted regarding an ho rly rate to verfom the 110rk and havc givcYl a naxinlWl n~rc of $750. Hr. Kasma will 'eep track of the hours thcy actuall v Ivork and he Ivill notify Northern to ge ahead wit 1 the work if he is directed by the Council to do so. I·DTIO:' by Vande Laan, Seconded by Rither that the preliminary plat for (;r01v Oaks, Barnes Rolling aks and Round Lake Estates, be referred back to thc Planning and Zoning Commissi n. Carried unanimous Iv. Paul .Jenssen - ,pecial Use PeIT1Í t P.eview This Special Us Pemit W1S C(ri1J1tccl in 1972 and rencwecl again in 197,L It was handlcd lmcler t[e provisions of Ordinance 3. 'Ir. .Jenssen has a small clcctronic repair shop and docs mostly contract \~ork from the larger department stores. Hc has very little wal in trade. , Regular City Council I!eeting August 17, 1976 - 'linutes Page 4 'fWION by Holasek, Seconded by VanderLaan, to approve the Special Use permit for Hr. Jenssen to¡run from August 13, 1976 to August 13, 1978. Carried unanimously. Hirhwav Department Buildinr The City Council has a recommendation from the P & Z Commission on the llighway Department Building and the following were in attendance at this meeting. 'Ir. . FieMs, County Commissioner, Dale Winch, Ass 't Cty. 9?ffiijl¡s,s-~9~:¡:;j_ Roger Patch, ArchItect. Commissioner Fields explained the reason for the building' and 'that it l~ill house the maintenance facility, County Engineering Department and the County Surveying Department. Plans were ShOlin and explained. lOTION by !Iolasek, Seconded by VanderLaan, to direct the City Clerk to drmv up a Resolution indicating that the City of Andover concurs Ivith the location of the site and buildings as shown for the County "aintenance Garage. Carried unanimously. , lOTIO>! by Rither, Secondcd by !Iolasek, to discuss Agenda Item 8a. at this time. Carried unanimously. ¡ ló7th/ló8th Lanes ¡ It has been recommended by Attorney IImvkins to either issue a blanket variance or variances on an individual basis so the property owners will have salable property. , HJTION by VanderLaan, Secondcd by Rither, (referring to the I,lotion in the Hay 13 meeting) "City Council, City of Andover pass a Resolution allowing the variance from tlle provisions of Section 4.09, Ordinance 8, for prQperties abutting 167th Lane, and 168th Lane; an area also known as Cliffdale Addition. (Requested Clerk to insert complete legal ;description). 1\hereas provisions of Ordinance No.8, Section 4.09 Ivere not enforced, and that lots of less than 5 acres in size must be approved by the governing body and whereas building permits were issued by the Tmmship of Grmv for dwellings dlong 167tll mld 163th Lanes, and whereas it has been broU~lt to the attention of tt City Council of the City of Andover that nroperty mmers do not have marketabl titles to their property, therefore, be it resolved that tl1e City Council, City f Andover, will grant the variance from Ordinance 8, Section 4.0'1 for properties desyibcd above." Carried unanimously. Five minutes break - 9:30 Red Oaks Park I,OTION by Rither, Seconded by Ho1asek, that we concur with the recommendation of the park/Recreatio~AdViSOry Board and authorize the staff to have the Engineer proceed with the work Giuired at the Red Oaks Park site, cost not to exceed ~750.QO. Carried unanimo ly. park/RecreatioJ Commission - No one in attendance. I Rcgular City Council ~~eting August 17, 1976 - mnutes Page 5 Resolution - Election Judges Approval 'UTION by Rither, Secondcd by VanderLaan, anproving adoption of the resolution appointing judges for State Primary Election on September 14, 1976, in the City of Andover Benefit Package - Registration Fees MJI'ION by Rither, Seconded by VanderLaan, to amend the Persotmel Policy to include Paragraph 6.07, referring to the reimbursement for tuitions. Provisions under this section do not include reimbursement for registration fees for seminars, workshops, conventions, and special schools. It appears that there is need for a stronger definition of the reimbursement for the tuition as apart from the seminars and one and two day workshops that our Staff attend. Carried llilanimous1y. AndoverSchoölhOllse The'CitY"Clerk has been trying to determine what area of the budget the $500 suggested amount of maintenance should come from as this was not included in the budget. She has checked the b~dget thorouglûy has not found the provision for this maintenance. ¡ , þK)TION by Rither, Seconded by VanderLaan, to direct the Clerk to provide us with the lnro~tion relating to the costs of the Andover Schoolhouse project, total expended todate, anY' past action on the part of the City Council in terms of expenditure of Jl)oneY'to ~ecure'the building and to make observations as to possible sources of money ;for the ~uggested repair ill order to prevent damage to the structure and that she reportbáck, to us at the next regularly scheduled City Council meeting. Vote,: , Yes; SchI1eider, 'VanderLaan, Rither - No; Holasek, as he does not fee1the .buildillg should I have been purchased as it cannot be taken care of. Approval-ofClall!\S M:JTION by Ri thet' Seconded by Holasek to approve payment of claims from the General Fund, Check Nos 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 815, 816, 817, 818, 19, 820, in the amount of $9297.45; from Improvement Account $75-1, Check Nos. 145,1147, and 148 in the amount of $174,935.73; and from Improvement Account Ul976, Check Nos. 102, 103, 104, 105, 106, 107, 108, 109, 1l0, and lll, in the amount of $ 9818.37. M:JTION by Rithe , Seconded by VanderLaan, to adjourn the meeting. Carried unanimous ly . Meeting adjourn d at 10:30. r¡/)1~ ,é(d~ ~ . f " L .....-!. , " C7¡t Harilyn K.ebs~er Recording Secre ary , I