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HomeMy WebLinkAboutCC December 7, 1976 CITY 01 ANDOVER REGULAR CITY COUNCIL 'IEETING - DECE'IBER 7, 1976 MINUTES The Regular Bi-~Ionthly Meeting of the Andover City Council was called to order by Hayor Richard J. Schneider on December 7 J 1976, 7: 30 p.m., at the Andover City Hall, 1685 Crosstffiin Boulevard N. W., Anoka, ~ünnesota. Counci1persons present: Holasek, Ri ther, VanderLaan, Winds chi tl Councilpersons absent: None Also present: City Attorney, William G. Hmvkins; City Engineer, D. R. Kasma; Planning and Zoning Chairman, Ken Orttel; City Clerk, P. K. Lindquist; and interested residents. ~enda Approval I,VTION by Winds chi tl, Seconded by Ri ther, to approve the agenda with the deletion of the Approval of'linutes for October 27, November 10 and November 16. Carried unanimously. Prairie Road - Attorney's Report Attorney Hmvkins reported that about three weeks ago, Rex Stocbvell, the appraiser, and himself met to get some idea of the cost of the acquisition of right-of-way. It was determined that it would cost approximately $150 for each parcel, so one of the parcels will be appraised and this will be used as a basis to carry on negotiations wi th the landminer. This appraisal should be received in about 10 davs, so the cost should be available by the next meeting. 'mION by VanderLaan, Seconded by Ri ther, that the City Council, City of Andover, continue Public Hearin~ on !knlicipal State Aid Hirhway to December 21, 1976, at 7:30 p.m. Andover City Hall, 1635 Crosstown Boule\~rd. Vote: Yes; Schneider, VanderLaan, Rither - No; Windschitl - Present; Holasek , Deferment Resolution - Williams Counci1person Ho1asek stated that reasons for having this continued to this meeting are that he feels there are several other areas that are very similar to this lot and that it will open up future problems so would like to see the Resolution rescinded and the whole thing can be handled by his "pf'"al. , _ h" f { J p p ""l..,'<0 O:~r"':--7' ,-J;~~."-, ft'.l. [t.l, ¡:"'~r-~ I~.J '"¡~;o_ it. '--.t - ,L .N {'I- I ~VTION by Holasek, Seconded by VanderLaan, that the Resolution No. R87-6 regarding the deferment on the Williams property be rescinded (Resolution No. 97-6 attached), for the fOllowing reasons: Feels this would be setting a precedent for future storm sewer project and that it has to be done this way in order to be fair to everyone. ¡ , A'1E.IIDMENT by VanderLaan, that the Attorney by means 0+ correspondence, has clearly defined indirect and direct benefits and that parcel in question clearly does receive indirect benefit. Vote on Amendment: Yes; Schneider, Holasek, VanderLaan, Rither - No; Windschitl. Vote on Main !Iotion: Yes; Holasek, VanderLaan, Rither - No: Windschitl, Schneider as he feels there is no benefit on half of Williams lot. Rerular City Council Meeting December 7, 1976 - Hinutes Page 2 Assessment Correction - Hallblade fun IIallblade reviewed the letters received from Engineer Kasma. If rezoning goes through in the area he would not be asking for the assessment correction. If the lot cannot be subdivided he feels the assessment should be changed. Hr. IIallblade passed out two sketches of the lot showing possible division. This rezoning question is on the agenda for the next P & Z ~æeting so the City Council should be able to act on this before Hr. Hallblade wculd actually pay the extra assessments, so it was determined that this would not be acted on tonight. Attorney Hawkins stated that if the Assessment Policy were amended a motion to this effect would have to be made and if ~ r. lfallblade's assessment were changed it would mean that the Policy would have to be amended. Hr. Hallblade was concerned that his appeal would come up before he finds out about the rezoning but was assured by Attorney Hawkins that if it is agreeable this will be continued as long as he wishes. No action was taken at tonight's meeting. Variance - The Oaks Attorney Hawkins stated, when questioned, that every third lot would have to be counting of two and then the third would be the one referred to. Attorney Hawkins stated that he was not prepared to give an opinion on this tonight. MJTION by Holasek, Seconded by VanderLaan, to continue the assigning of a Variance for The Oaks, until the next meeting, December 21, 1976. Vote: Yes; Schneider, Holasek, VanderLaan, Rither - Present; Windschitl, as he is ~er of the property. ~ otion Carried. Preliminary Plat - Barnes 2nd Addition ~UTION by Rither, Seconded by Windschitl, that based on the information from TKDA In a letter dated Decenber 6, 1976, that we refer the Preliminary Plat - Barnes Rolling Oaks, Second Addition, back to the Planning and Zoning Commission for further consideration and study. Carried unanimously. Road Acceptance - University Avenue Extension Attorney Hawkins does not recommend acceptance of the road until all the documents are received. HJTION by Windschitl, Seconded by Holasek, that this Item 4.e. Road Acceptance - unIversity Avenue Extension, be continued until the next meeting December 21, 1976. Carried unanimously. Park Area Lease - Carlson Attorney Hawk:ïns stated that the lease would not affect the exempt status of the property, it still would remain on the tax roll; and a legal description of the property would have to be prepared. Attorney Hawkins feels that if the City is going to be held liable for the park area, the City should have some control over the maintenance, etc. Attorney Hawkins ",ill contribute his time and provide the legal description of the property. After discussion it was determined that the l~ork would be performed by the neighborhood as long as it would be supervised or looked over by the City Maintenance Man. The park property will be covered by the City insurance. Regular City Council Meeting December 7, 1976 - Hinutes Page 3 ¡·UTION by Windsch1tl, Seconded by IIolasek, that we lease theproperty from Hr. and Mrs. Lmvrence B. Carlson for park area (Resolution No. 98-6 copy attached) subject to preparation of legal description of the area; obtaining propert insurance; assignment of City Haintenance Han as overseer, supervisor on park maintenance; and drafting of lease by Attorney Hawkins. Carried unanimously. Break - 9:30 p.m. Zoning - Ramsey Atmexation MarION by IIolasek, Seconded by VanderLaan, that this item be referred back to the Plannmg and Zoning for their further study and discussion. Carried unanimously. Engineer Kasma reported that he has met with the City Council of Anoka regarding the request for water service frCXl1 the City of Anoka. The City Council of Anoka has recommended against issuing this type of water service to the City of Andover. MJTION by Rither, Seconded by VanderLaan, that the City of Andover write a letter to the developers informing them of the information that Engineer Kasma has conveyed to us tonight that the City of Anoka has denied their request. As this is not an item on the agenda, it was determined to be premature action. ~Iotion withdrawn by Councilperson Rither. Ghostly Operation MJTION by Windschit1, Seconded by IIolasek, to continue this item until December 21, to give the Attorney time to review it. Carried unanimously. Budget ~æeting Date Councilperson Windschitl suggested that further budget meetings be delayed until January so they can be held with the new City Council members. ~t)TION by VanderLaan, Seconded by Rither, that this City Council handle the budget and extended an invitation to new Council members to attend a meeting on December 15, 1976, '1:30 p.m. at Andover City Hall. Vote: Yes; Schneider, Holasek, Rither, VanderLaan - No; Windschitl. Ci ty Audit ~UTION by Windschitl, Seconded by Rither, to appoint George Anderson as the City AudItor for Fiscal 1976. Carried unanimously. ~kmicipal Insurance Mr. Chester, Insurance Service Center reviewed the upgrading of the insurance for the Ci ty of Andove~. A new statement of values has been sent to the City Clerk to be signed. Regular City Council Meeting December 7, 1976 - Minutes Page 4 MJTION by VanderLaan, Seconded by Rither, that the Staff be instructed to prepare a resolution to continue the City Insurance with Insurance Services Center through 11-13-77, with a total annual premium cost not to exceed $4,200 for all coverages as listed (Resolution No. 99-6, copy attached). Carried unanimously. Junkyard Licenses The City Council reviewed the task of getting permits from the junkyards that:now need a new license or should have the present one renewed. The Building Official should not need further direction but should seek compliance from the individuals concerned. It was suggested that the City Clerk inform the Building Official to proceed to secure the licenses from the junkyards that remain unlicensed to enforce the City Ordinance. mTION by Windschitl, Seconded by VanderLaan, to extend the meeting time until 11:00 p.m. Carried unanimously. Approval of ¡,tinutes September 21, 1976 -- Page 1 - ~!SA!I, about half through the paragraph delete "they" and substitute with . 'Engineer" . Typo - "fronting" Page 2 - Typo "break" Page 3 - Spelling "berm" Page 3 - Should be Ordinance SA and change "continuous" to "contiguous". Page 4 - Schneider did make the remark that we should compare the prices between pickup and station wagon type vehicle. Typo "station wagon type vehicle". October 5, 1976 -- Page 1 - Spelling "Dave Tachney' , address "3045" Page 3 - Last sentence of paragraph, delete "they do not feel" and put capital "T" on the. Page 3 - Change to: "The developer came back with the same thing as they had before.." Change to: "Additional easement would be necessary ..." Page 6 - Typo, bottom of page Regular City Council Meeting December 7, 1976 - Hinutes Page 5 October 7, 1976 -- Page 1 - Caswell property - Councilperson Winds chi tl noted that the mmers of the property were given an opportunity by the Engineer to have the laterals placed in a proper manner. The two sketch plans presented to the City Council were not acceptable under existing ordinances. Councilperson Rither cited some previous correspondence that the City has regarding the proposed sewer showing that the City gave the developer every opportunity to respond to the proposal. HEADING: should be "75-1 and 75-2" Page 2 - Statement made by Jean Boos is incorrect as stated; City Clerk does make note of this when possible. Page 4 - Spelling: "John Lofstrom" and "original" October 12, 1976 -- ~Iotion certifying maximum "levee" This figure should include October 19, 1976 -- Page 2 - Prairie Road - should shrnv that Holasek did not vote. Page 3 - Prairie Road - should show that Holasek did not vote. Page 4 - Second. paragraph, second line, take out "regular". Page 5 - Spelling - "Hary Feiberger" November 4, 1976 -- As written ~orION by Ri ther, Seconded by VanderLaan, to approve the meeting minutes as corrected, for September 21, October 5, 7, 12, 19 and November 4, 1976. Hotion carried unanimous ly. Approval of Claims ¡Jd1>5tt: _ mrION by Rither, Seconded by VanderLaan, for approval of payment of Claims, checks number 1035 through 1062 and 1064 through 1068, from the General Fund, in the amount of $5,634.17; and from the 1976 Improvement Fund in the amount of $132,021.36. Carried unanimously. mrION by Windschitl, Seconded by Holasek, to adjourn the meeting. ~ vi ~ <\V .' ""in, ndjoomod "' n,'" p.n. \~'1' \ '7ll~¿W~ /' . · ~~L~~ 0 ~ Recording Secretary 1