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HomeMy WebLinkAboutCC August 3, 1976 , CITY 01 ANDOVER REGULAR CITI COUNCIL ~IEETING - AUGUST 3, 1976 I,IINlITES I I The Regular Bi-Monthly Meeting of the Andovcr City Council was called to order by Ilayor Richard J. Schneider on August 3, 1976, 7:30 p.m., at the Andover City Hall, 1685 Crosstrnm Boulevard N. W., Anoka, Minnesota. Councilpersons present: Ri ther, VanderLaan, Winds chi tl, Holasek Council persons absent: None Also present: City Attorney, William G. flawkins; City Engineer, D. R. Kasma; Planning & Zoning Chairman, Ken Orttel; City Clerk, P. K. Lindquist; and intercsted residents (Answers to residents questions in parenthesis) Agenda Approval I MJTION by Ri ther, Seconded by Winds chi tl, for approval of the agenda Ivith the added items, 9 a. Assessors' Scllools, and b. County Highway Building site. Carried unanimously. Public Hearings - Prairie Road ¡ As Councilperson Holasek is directly affected by this project he would like it cntcred in the record that he will not be making a vote or doing any decision making related to the project.¡ He will be acting strictly as any other affected resident. Engineer Kasma !then revicwed the proposed right-of-lvay acquisition and shmved slides to give a better idea of what the plan is. He then reviewed thc proposed costs of tæ project and the bridge design and cost. 1 ED LINDBERG - Is the dcsign speed 50 m.p.h. (yes) I SHIRLEY RHYD, Prairic Road - Il'hy do we have to have this road? (The City of Andover is atteffirting to establish a thoroughfare throup,h the city, need good access roads, ~orking with the County in long range plan.) Shirley Rhyd feels that her property is being Ivrecked because of the loss of the trees. (Trees will be saved¡ where possible, Ivorking with residents on this type of problem.) Bill Hawkins, Attorney, arrived at 8:05 P.M. IARRY ffi<OSS. PI'''" RMd - Fœ" th, 'MJ " ~". '"d to ,1= ~d ,"n"in ond thinks tle project is worth it. BOB NEHRING - e you going to take the hurm out? (It will be taken dOl''ll two feel and fillrd in beyond that to level it off.) FAYE BJ\R¡'JES - Wfn1 my end of the road have ditches? (Yes) They will take 120 feet of my pr erty as I own on both sides of the road and feels they will eleiminatc a lot of nice trees. He does not feel the traffic warrants the type of road going inr . Regular City Council 1!eeting August 3, 1976 ¡_ Hinutes Page 2 WINSLOW HOLASEK - (Acting as concerned citizen) Feels they will be taking more trees with the right-of-way through his property than the rest of the project put together. He is very upset about losing these trees. Feels this is over kill. (Possibly some more shift in the roadway could be arran~ed so more of the trees could be saved, will check it so see if it can be done and stay Ivithin the right curve.) Holasek is against the project. The Engineers l~ill prepare right-of-way descriptions rather than platting and the Œty Council will b~ kept posted on progress. ~OTION by VanderLaan, Seconded by Rither that the City Council direct the staff to prepare a resolution authorizing final plans and specifications for ~linnesota State Aid Highway construction project for Prairie Road from CrosstOlin Boulevard to Andover Boulevard and that the Council authorize right-of-way acquisition for Prairie Road from Crosstol~ :to Bunker Lake Boulevard. I , AmenÙJnent to the ~OTION hy Windschitl, Seconded by !lither, that the Engineer at the next scheduled meeting or the meeting after, present to tile Council for review the final right-of-way dral~ings on the road. I ¡ Vote on Amendment: Yes; Schneider, Rither, VanderLaan, Windschit1 - Present; !Iolasek Vote on !K1TIO:,: Yes; 11indschitl, \'anderLaan, Rither, Sdllleider - Present; Holasek. Councilperson Holasek voted present both times as he is direct Iv affect by the Highway project. Hotion Carried. > I ek's Il'CT Attorney Hawkins stated that the Law does not require t]lat the City'~nter into direct acquisition of :pro1)erty OI~ed by a Councilperson; it would automatically go through the condemnation process.. Sonterre Roads Engineer Kasmas:ecured the figures on upgrading of this road hOlvever nothing ha~,þqell> done. ~hyor S lIleider received an inquiry frOM Sonterre. ~Ir. Sonterre granted\ròad o~""'" '"' 'l ",,",th of e,", tho buildin, ,onol', wono i,,",d. Po"ibly 'b, Ci'y should not get involved at this time as it would be very difficult to assess back the cost. 1OTION by Winds chi tl, Seconded by Holasek, that we table this iter.¡. Vote: Yes; scteider, VanderLaan, !Iolasek, Windschitl - No; Rither, as he does not bow if tabling is e appropriate manner of disposing of this. Ilulegaard Rezoning/Preliminary Plat TRIJ.fA.' HULEGM* - Is miner of the propertv Up before the Council for rezoning and plattin. There have been opposing petitions presented and feels residents were under a misunderstanding as to what was actually proposed. Brought new propos all and plan and has another petition non-opposing, which he presented at this {ime; it has 53 sigp.ers, which includes all but ú~o of the adjoining propert ~~ers. I1ain1y rezoning to commercial. The P & Z has not reviewed the new etition that was presented tonight. Plans have not changed since the last P & Z meeting. , Regular City Council Heeting August 3, 1976 - Minutes Page 3 DAN SOULIST, 14319 Undercliff Street - Asked for recommendation from Zoning Council. Councilperson Rither read the recommendation received from P & z. Dan Schulist has been approached on all three petitions and signed the first two opposing. He talked about the street and sewer project which everyone signed for, after realizing cost they changed their minds. Decided to go ahead with storm sewer as it would benefit residents. After weighing pros and cons it is evident'to him that this project should not he allo\~ed to COMe to the area, for the follmáng reasons: 1. Invasion of privacy 2. Trash that will accumulate 3. Snowballing effect which mi!šht come 4. Traffic hazard Benefi ts : 1. Convenience 2. /.Ir. Hulegaard will get more money for property JOHN LOFSTR01I, i144th Street - Signed the first petition opposing. Feels traffic is hazardous, has already been one death. We are going to live in the community and Truman lIulegaard has his house and property un for sale so he will not be staying~ h" I Arc ltect & Planner for Truman Hu1egaard: He explained tJe property that would be used, what it would be used for and h01v the exits would be ¡located, into and out of the proposed commercial site. Feels there t adcquate stopping distance and even though the traffic would be more congested, it would not cause undue hazard. j\noka Countv IJirhway DepartMent saw no Major rroblems in road and shopping area and is noncor.rnittal as to whether they would put new con- struction on t~is road at project construction time. lIe reviewed area that would be served and tha there is a market for this type of center. Councilperson \ indchitl feels traffic would be increased and could not be handled at this particulaí intersection. /.IRS CLIN'IDN fù E~SON, 144th Avenue - Live next to the nroposed project. Started first peti tio. aml was advised by attorney to sav only, '"\'e 'Ire o'1nosed to the propert, being rezoned," Feels traffic would be increased and children would be temp cd. Doesn't feel it would even be feasible to invest in this type of center. 'OTION by Windschitl, Seconded by VanderLaan, to deny rezoning from R-l to Neighborhood B~ino" " Lor: of <b, ,~",d ",,,d L,k, Sho,", ro< <b, ,""~PO' ,"m_d,,' in '" July 13, 1976, "nutes of the P & Z Commission. Carried unanioo ly ~OTION by vandelLaan, Seconded by Rither, that the City Council ackn01~ledge wi~ldrawa1 of the prelimin'ary plat on the Hulegaard property. After some discussion Council person VanderLahn withdrelv ~1Ís motion and the second was also withdrawn. I I 1 Regular City Council fleeting August 3, 19761- ~ünutes , Page 4 1 ¡ ¡ ¡ /VTIO;-¡ by WindS chi tl, Seconded by VanderLaan, that we deny the Preliminary Plat of Round Lake Shores as the plat is not consistent l~ith existing zoning. Carried unanimous¡y. ¡ Easement Approvals 1 I Attorney lIawkins reviewed the 76-1 storm sewer easement acquisitions. Previous easements were either not recorded or l~ere not wide enough. The amounts 1Vill he Mr. Al /btl a total of $155 and F. G. RooteS$500. ¡ /VTION by Rither, Seconded by 1~indschitl, that the staff prepare a resolution authorizing the payment of the easement for easement purposes to Frances Rootes and /lr. Allen Iptll as reported to us by the City Attorney. $500 for Hr. Rootes and $155 to Mr. M otl. Carried unanimously. N.D.H., Inc. The Council received a letter from Engineer Kasma relative to Ble problems incurred with N.D.H. on their road work. Mr. Kasma revimved his meeting with Northern Contracting; Northern 1Vas told at this meeting that they 1Vould'not accept N.D.H. for the gravel Ivork on the project. He received a letter from Northern stating ~ley were getting anothe~ contractor for the gravel work and does not feel any action is required by the Council at this time. NOWIAJ'I HOLD, pJesident of N.D.II., Inc. - Has prepared a letter to the Council that Iœ presentdd at this time, stating their position. Feels this action was taken at an ÍIltermediate time when it should not have been taken. They 1Vould stand behind their work. Break at 9:45 J.m. ~VTION by RithJr, Seconded by VanderLaan, that a representative from the Crime Preven- tion Committee lis present and is on call; request that Item 7a. be taken at this time, out of agenda order. Carried unanimously. JOlIN HELDE - Relommended that the present committee that they have right now be dis- banded and tha~ a nelv committee formed. There is some displeasure on the part of the present committee as far as communication with the Co-ncil is concerned. ~bst of the men on the comIDittee are police officers and it is difficult to get together. Feels new committee TOUld be formed mainly of citizens of the CO!11JTIU!1ity, various locations and vocations, vith the police force being used in an advisory capacity. ~VTIO;-¡ by WindsChitl, Seconded hy VanderLaan, that the present Crime Prevention Committee be ditbanded. Carried unanimouslv. mTION by Winds hitl, Seconded by Holasek, that the City Staff be authorized to place the appropriatel advertisements for development of the committee and interviewing potential residents for the Crime Prevention Committee. Carried unanimously. Regular City Council Heeting August 3, 1976 '- 1Ünutes Page 5 Septic System Ordinance City Council received final revisions on July 12, 1976. Major changes were Made on Pages 20 and 21. If property rnvner shows proof of pumping every four years it will meet requirements and revised report that will be sent to property olvner, adding certification that system has heen pumped. TIlere is no one who really knmvs for sure what should be put into this type of ordinance hut the CitV Council will try to work within the guidelines they have received. Councilperson Windschitl asked, if we adopt this Ordinance and then when the ¡,Tetro Council gets done with everything they are gong to do, will we end up with a whole nelv set of Ordinances. Engineer Kasma has input from the Pollution Control Agencv, feels they are moving ahead with a positive type action and cannot see the Hetro Waste Control chanp:ing this Ordinance. ¡ "tJTIO:~ by VandcrLaan, Seconded by Ri ther, for adoption of Ordinance # 37 - Reference date July 12, 1976 - Proposed Private Sanitary Sewer Ordinance, an Ordinance regulating installation, construction, alteration, extension, repair and maintenance of individual sffi~age disposal systems requiring permits for and liccnsing of persons engaged in the construction and servicing thereof, providing for the inspection of private water systems and prescribing penalties for violations thereof, in the City of Andover, County ofAroka, State of ¡ünnesota. Vote: Yes; Windschitl, Rither, VanderLaan, - No; Schneider and lIolasek. Schneider does not feel it should be mandatory to be pumped every four years; Holasek feels it is too restrictive. I Bingo Ordinance; "'JTroN by Windsbhitl, Seconded by lIolasek, referring consideration of the Bingo Ordinance to the Planningl & Zoning Commission. Attorney Hawkin explained that new laws are being adopted regulating Bingo. Carried unaniMo sly. ¡\¡¡¡endments - PI tting & Interim Ordinances Attorney Hawkin stated that the Council can restrict someone from getting a building permi t for a 5 cre lot, unless it fronts on a public road. 1ŒrON hy Winds hitl, Seconded by VanderLaan, to refer to the P & Z Commission the , question of corfecting the Ordinance as, (1) it relates to the 20 acre requirement _/í for platting, ( ) consideration ~f the proposed acreage size,.at present metes ~d . bounds descript on of 5 acres,lvhldl allows the house to be hUllt, the P & Z CommIssIon give considerat on to whether this should be retained, or if we should require 10 acres, (3) the cons ide ation of Ordinance No. 8a, defined l~ith the conflict of Section 3.02d as described in the agenda material of August 3, 1976, hy the Clerk, (4) consideration 0+ the typos in Section 2. Carried unanimously. Red Oaks peitiofs/Street Improvements TIle City Council and Staff received conies of correspondence l~ith 'fro Ron Buckhouse. Engineer Kasma has discussed this witJl him recently and a letter will be sent telling him the costs involved. The correct petition is being circulated at this time. , I Regular City Council Heeting August 3, 1976 - }finutes Page 6 ~ÐTION by Rither, Seconded by VanderLaan, that the City Council accept the petition received requesting cost estimates for storm selver and street improvcments in the Rcd Oaks Addition which Ivas sent to us by Hr. Ron Buckhouse, and place it on file. Carried unanimously. i Auth~zation for Assessor's School ~ÐTION by Ri ther, Seconded by Windschi tl, to approve the request for reimbursel'lent :6r expenses for Assessor School for Hr. David Clou¡rh. August 23 - 27, Course "B" and Hr. James TIlUrston, September 27 - October 1, Course "1.<\1\0". Carried unanimously. Discussion followed on concrete curb and gutter policy in thc City and it was decided that this needed clarification. I Approval of County Highway Department Site ¡ , The P & Z has reviewed the pronosal but they did not have a map in their possession of the site so ,they did not follow through and take any action at that meeting. It will be placed 'on their agenda again. I mTION by Schneider, Seconded by Windschitl, that there is no objection to the County building site and that the staff be directed to mail a letter to Commissioner Fields, County Engineer Paul Ruud, and Commissioner Kordiak to this effect. I Amendment to IÐTION by VanderLaan, Seconded by Holasek, that the letter approving the building site for the County Maintenance Building be withheld until a favorable review of the proposed site is offered by the P & Z Commission. Vote on Amendment: Yes; Holasek, ~ither. VanderLaan, - No; Windschitl, Schneider. Amendment carried. Vote on /lain )TIO:¡: Ycs; ScJmeider - ;10; IIolasck. Rither, VanderLaan, Windschitl. Ilotion defeate . MJTION by Rith~r, Seconded by Windschitl, to extend the meeting adjournment time to 11:00 p.m. Ca ried unanimously. Approval of l'ü1utes Minutes to be approved are June 29, July 6, July 12, July 20. June 29, 1976: Page 3 - middl of page, ~Iotion !\mended by Ri ther to add Section a. - No Building or Structure... from Attorney IIa:vkin~s suggested Ordinance... wants added: Section a be attached to the Ordinance in full. July 6, 1976 Page 1 - Plant"1g Greens should he d1anged to "Planning Grants" Under Barnes RIling Oaks - should be "whatever s trcet signs." Spelling - Dr. IRehmann Page 5 - Atto~ey Ilawkins exolained findings on Russell Addition; he feels that all lots that are not lots of record would fall under the Ordinances of the City of Andover. Add: after "lots of record" "prior to Novcmber 12, 1974" , , I Regular City Council Ileeting August 3, 1976:- lünutes Page 7 July 12, 1976 ¡ Page 2 - Exclusive Use Procedure pending advisement ., change to "advice". Gopher Bounty/Petty Cash - Councilperson VanderLaan stated she was opposed to r,opher Bounty as she doubts the wisdom of encouraging children to kill anything for money. Page 2 - Last section of IDtion by Rither, seconded by - Councilperson Windschitl expressed the feeling that the Council should interview at least ~lree people. Councilperson Windschitl feels this should be attrihuted to someone else. It will be entirely deleted. .July 20, 1976 ¡ 1~,~ Prairie Road, second to last line - obstacles Page 2 - Add: ~Iajor Schneider asked Engineer It water was installed in the near future, would it be installed in the boulevard so that the street Ivould not have to be torn up. Engineer Kasma assured the Council that it would be installed in the boulevard and the street would not be disturbed. Page 4 - Easements - Tom ¡by - Councilperson Holasek feels amounts should be shm~ as follows: Iras offered $200.00 for each of two oak trees and he asked $350.00. jŸas offered $100.00 for two pine trees and asked $50.00 more. I IÐTION by Rither, Seconded by VanderLaan, to approve the minutes as corrected for June 29, July 6, July 12, and July 20,1976. Carried unanimously. 11OTION by Rith~r to extend the meeting for 5 more minutes, Seconded by VanderLaan, Carried unanimoUsly. I City Clerk Lindquist asked if the Council would have objection to D. Schneider and herself signing a check for Northern Contracting rather than waiting until the next scheduled City founcil meeting. There was not objection to this. mTION by Vande~Laan, Seconded by Rither, to approve the signing of check for Northern Contra ting, by Ibjor Schneider and City Clerk, P. K. Lindquist rather than having them wait until the next regular meeting, tHO weeks from tonight. Carried unanimously. ~mIO:-¡ by Vande Laan, Seconded by Holasek, to approve payment of Claims from the C,eneral Fund, ecks number 785 through 801 in the amount of $9,082.21. Carried unanimo ly. , Seconded by VanderLaan, to adjourn the meeting. ly. ~æeting was adj urned at 11:10 p.m. ¡I-/f: tjr/ ,~ !J/~ t' i ~ ~ 7Îf ~ ~ (I'