HomeMy WebLinkAboutCC March 1, 1977
I
¡
CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - MARCH 1, 1977
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by
Mayor Jerry Windschitl on March 1, 1977, 7:30 p,m., at the Andover City Hall, 1685
Crosstown Boulevard NW, Anoka, Minnesota,
Councilpersons present: Lachinski, McClure, Orttel, VanderLaan
Councilpersons absent: None
Also present: City Attorney, William G, Hawkins; City Engineer, D, R, Kasma;
TKDA Engineer, Rex Stockwell, City Clerk, p, K. Lindquist;
and approximately 40 Eesidents,
Resident Forum
John Mcfarland. Ni~htin~ale Street. Red Oaks Fourth Addition - Has a complaint about
hooking up to the sewers and the building inspector's requirement that the tanks be
pumped and filled in, If a homeowner can show that he complies to the engineer's
requirements, he shouldn't have to fill in the tank, Would like the Council to do
what they can to change that requirement, (This items it to be put on the agenda
for discussion.)
MOTION by Orttel, Seconded by McClure, to approve the agenda with a deletion of
Item 6a, Traffic Statutes by Reference and the addition of Item 9a, Ordinance 32
Discussion, Motion carried unanimously,
James Refri~eration - Special Use Permit
,
Don Jacobson, Chairman of the Planning and Zoning Commissio~ informed the Council th~
the Commission has passed the Special Use Permit for James Refrigeration unanimously.
At first the only concern of the Commission·was that according to the Ordinance, a
structure must be at least 40 feet away from the edge of the right of way of the
public road, and the location of the gas pump did not meet that requirement. Howe'V'erJ
they have redesigned the location of the pumps, and it now does comply with the
Ordinances Of the City, Also, the Ordinance specifiss a retail store consisting Of
2,000 square fe'et minimum must be constructed prior to the granting of the special
I
use permit, In this case, to put in the facility after a building has already been
I
built would be difficult, It would have to be put in at the same time, The
,
Commission was not too concerned about this,
I
Dan Ble~en, Pump and Meters Ssrvics in Minneapolis. Representin~ James Refri~eration _
We've made all changes and have State approval, and your local inspector will be called
when we make the installation,
I
Tom McClusky. James Refri~eration - Was available to answer questions,
I
MOTION by Lachinski, Seconded by McClure, that the City Council, City of Andover,
approve the Special Use Permit for James Refrigeration for Parcel 5200 of Plat 65918
contingent uponl the construction of a retail store, minimum square footage of 2,000
square feet fori the reasons indicated in the recommendation by the Planning and Zoning
Commission. (Resolution 30-7 attached) Motion carried unanimously.
-,
Regular City Council Meeting
March 1, 1977 - Minutes
Page 2
Variance/Set-Back
This violation was an oversight on the part of the Building Department, There was a
discussion as to the procedure involved since this item has never come before the
Planning and Zoning Commission, According to Ordinance 8, it is mandatory that the
application should be referred to the Planning Commission, The Clerk stated the reason
this was put on tonight's agenda was because work has been stopped on the house until
a variance has been granted because at this point we do not know if they will be allowed
to continue, There was a question of time as to whether or not to hold construction up
for 6 weeks by bringing it up before the Planning and Zoning Commission first,
MOTION by Orttel, Seconded by VanderLaan, that the variance request for the City of
Andover be referred to the Planning and Zoning Commission to be put on their March 8
agenda in order to be back to the City Council for the March 15 meeting, Motion
carried unanimously,
Amendment/Do~ Ordinance
MOTION by VanderLaan, Seconded by Orttel, that the City Council, City of Andover, adopt
Ordinance 38A entitled "An Ordinance Amending Ordinance Number 38," an Ordinance
known as the Dog Ordinance, The City of Andover does hereby ordain that Section 3,
License Require, add the following statement: License fee shall be prorated as set
forth in a schedule adopted by the City Council, This Ordinance will be adopted by
the City Oouncil of City of Andover, this First day of March, 1977, Motion carried
unanimously. 1
MOTION by VanderLaan, Seconded by McClure, that the City Council, City of Andover,
adopt a schedule for prorating of dog license fees to state as follows: Licenses
,
purchased for a period covering less than one year shall be charged a fee of $1,50,
, .
This is to become a schedule attached to Ordinance 38A, Motion carried unan~mously,
I
Ordinance 32 Discussion
I .
The Building Inspector, Jim Thurston, was present for this d~scussion,
I
The question before the Council is the section dealing with the pumping and fillJng
of the septic tanks after hooking up to the sanitary sewer system, The Council
originally pass:ed an Ordinance saying all tanks had to be pumped and caved in, That
Ordinance was then amended to allow for engineering standards as to the depth of
ground cover and type of tank where they didn't have to be pumped and filled, The
Building Inspector interpreted the standards as such that there was very little leeway
. '
w~th them and was requiring virtually all tanks to be pumped and filled, The intent
of the Council was that the deep tanks did not have to be pumped and filled in,
I
Mr, Kasma stated the standard attempted to avoid any problem with anyone falling into
a septic tank which collapsed as a result of a failure to the tank, He reviewed the
engineering standard presented to the Council previously, The problem is that many
people don't know where their stack pipe is, so it is difficult to get enough informa.
tion about the tank to make an adequate recommendation, Mr, Thurston stated that about
95 percent of the tanks are block circular tanks with no concrete bottoms and 2~, 3-,
or more piece covers where there are no safety factors, We don't know how de~p the
tanks are without finding the stack pipe, He felt that probably all tanks should be
caved in because he didn't know at-what point it would be safe not to cave them in,
Regular City Council Meeting
March 1, 1977 - Minutes
Page 3
(Ordinance 32 Discussion continued)
Mr, Kasma felt that under the worst condition, 4 feet of dirt above the tank would be
sufficient if someone didn't want to prove the depth of the tank, These standards
are not a part Of the Ordinance, But its· intent was to allow the engineer to determine
the standards, A presentation of a revised drawing would meet that requirement and the
Council could simply accept the revised standards,
Mr, Thurston felt that within these guildeines, no consideration has been given to the
condition of the tank, Chances are if no one drives a truck over a block tank with
4 feet of cover, you will never have any problem, By the same token, a new concrete
tank with 3 feet Of cover with a truck on it will cave in, Does the Council want to
protect for all possible situations or do they want to leave it rather vague? The
absolute safe way would be to allow no exceptions--every tank would be pumped and filled,
Mr, Thurston felt that the way it is now there is no safe way for him to make a
determination to tell whether it is safe or not,
There are a number of cities in the area that have no requirements on pumping and
filling tanks, so it is debatable as to whether or not there Ëa safety problem
involved, The cost is approximately SlOO to pump and fill a tank, and it could be
more if landscaping has to be redone, This is a concern to many residents, especially
when some cities have no requirement for this, It's not reasonbale to make someone
with very deep tanks to pump and cave them, Mr, Kasma felt a four-foot depth would be
safe without checking the depth of the tank, He could leave the standard the way it
is and put an amendment on it saying in event the tank cannot be located but is confirmed
to be 4 feet in the ground, pumping and backfilling may be waived,
Mr, Thurston explained it is a very time-consuming process to find the tank, determine
how deep it is, 1 and inspect the finished job, However, it was noted that the Building
Inspector shall make such inspections as are necessary to determine compliance with
this Ordinance,l Mr, Thurston asked if compliance with this Ordinance could be put
upon the licensed contractor doing the hookup, The responsibility would then fall
back on him, not the City, The Council felt the first consideration is the safety of
the homeowner, which is the reason for the Ordinance and the provision, The City is
the one who administers the Ordinance,
The Public Hearing for the Red Oaks and Northwoods Strest and Storm Sewer Improvement
Projects was called to order by Mayor Jerry Windschitl at 8:15 p,m,
I He also showed who would be
Mr, Kasma reviewed the costs for the various projects, affected with storm sewer assessments should the Council pass the portion Of the
project of 139th Avenue and Red Oaks Fourth Addition, The four ponding alternatives
were reviewed--the final method of ponding depending on the land value, The final
alternate will be that which can be done at the lowest cost,
I
Mayor Windschitl reviewed the changes in votes on the petitions over the past week,
Red Oaks: People living on dirt streets voted 91 for, 87 against,
,
lots existing on bituminous streets voted 1 for, 7 against,
Northwoods: Lots not on bituminous streets including 140th Lane NW voted
29 for, 27 against (including 1 verbal request),
lots on existing bituminous streets voted 2 for, 37 against,
MOTION by McClure, Seconded by Orttel, that the Council open the citizen input portion
of the Street Improvement Project for Red Oaks and Northwoods Additions, Motion
carried unanimously,
Regular City Council Meeting
March 1, 1977 - Minutes
Page 4
(Public Hearing for Red Oaks and Northwoods Improvements continued)
Resident testimony from Northwoods:
Dick Lennin~, Yukon
140th Lane has already been approved so their vote should not be included in your poll,
(If the project comes back at Northwoods in total, the costs on the project change,)
As Of the last meeting, it was the attitude of the people that everything had already
been taken care of, The general consensus of the people was that people on 140th Lane
were going to get their street and the rest of the project was going to be terminated,
That's why the rest of the people from Northwoods aren't here tonight, (People
shouldn't have gotten that consensus since no motion was made and there was discussion
as to what to do on Crocus, When the street project for Northwoods was approved for
the streets in there now, the people knew they would be assessed for storm drainage
in the 1'uture,)
Mr, Lenning - We're not opposed to getting rid of the water on Crocus; we're opposed to
the expense and the way it is being done, There is a storm sewer there already, but
it's on the highest point on Crocus, The general feeling Of Northwoods when they left
last week was that the project had been tabled for everything except 140th Lane,
(The project was tabled to be brought before the entire Council because it needed a 4/5
vote to pass,)
Ron Stoesz, Crosstown Boulevard
A motion was made and passed for 140th Lane to have streets and storm sewer, Those
votes should be taken off the poll now, Then much less than 50 percent Of the home-
owners want paved streets. Almost everybody states they can't afford to have streets
right now after just getting their sanitary sewer assessment, If you could wait a
period of time until everyone can get their loan paid off before assessing streets,
maybe they would be willing to pay it at that time, Right now we can't afford it, It
would make our house payments so high we'd have to move out, Many people said they
moved into the area knowing they had dirt streets and that water would be standing in
their yards, and they weren't concerned about that. They moved out here because
,
their house payments were affordable, But street payments on top of sanitary sewer
payments make it' unaffordable,
I
(Mayor Windschitl - The difficulty is the street was put in Northwoods that shouldn't
have been put inl until the whole areas was done, This is the worst Crocus has been,
\
and the curb and, gutter streets seems to be channeling water down there qUicker now,
so there's larger ponding in areas now,)
(Mr, Kasma - The previous streets were only 24 feet wide with bituminous birm. The
water ran in the same direction. Part of the problem is we're still cleaning up from
the sanitary sewer project and grading still needs to be done, Nothing can be done
until the ground thaws out. The people in Northwoods understood that storm sewer would
be necessary, and they would get that assessment when the entire area was done,)
(Councilperson VanderLaan - A memo dated May 28 which went out to the Northwoods area
residents states I "The City Council has received a petition from more than 35 percent of
the landowners along the streets requesting replacement of eXisting 24-foot bituminous
streets with 32-toot bituminous streets with concrete curb and gutter based on the
following requirements: That the street construction be completed as soon as the
sanitary Sewer is installed; the cost of both road expansion and concrete curb will not
- -,
Regular City Council Meeting
March 1, 1977 - Minutes
Page 5
(Public Hearing, Councilperson VanderLaan, continued)
exceed $7 per front foot; the cost Of the street construction will be added to the cost
of the sanitary sewer project; and once completed, the project will not be disturbed
for storm sewer or wabr . " The people were informed and clearly understood that storm
sewer would ultimately come into the area, It was quite clear at that time,)
(Mr, Kasma - $7 would be the maximum in that area because of the credit for the old
road. For that, the street was widened 4 feet on each side and concrete curb and guttœ
was put in, They had already paid for the Z4-foot street once, That $7 was paying for
the difference in the 24-foot street and the new 32-foot street with curb and gutter,
exclusive of the storm sewer assessment, They were given no figure at the time on the
storm sewer assessment because we had no idea of how much it would cost, but the people
were aware that that assessment would be forthcoming,)
Jim Wheeler. 2558 140th Lane
At the last meeting, 140th Lane was a project of its own with storm sewers on each
side Of the street with drainage into the creek, This evening's figure was $2,300 for
that street, If the road on Crocus was graded right and filled, you wouldn't have any
problem, The storm sewer there that runs into Coon Creek is the highest point there,
(Hr, Kasma - That $2,300 is based on a 100- by 150-foot lot to show the relative difference
of how the costs worked out for all projects, The figures might change if the entire
project goes through, Also, it would cost more because 140th Lane has bigger lots of
100 by 200 feet, 140th Lane will get a street and storm sewer no matter what action
is taken tonight, Now what the Council is considering is doing the rest of the area,
We hope it will cost less in the end,)
Dick Lenninl;
If you take the people from 140th Lane off your poll, you get a 2 to 1 margin of the
people who are on dirt roads against the project, (City Clerk, p, Lindquist - As a
clarification, the Minutes of June 8, 1976, a Public Hearing increasing the size in
road from 24 to 32-foot streets with concrete curb and gutter: "Engineer Kasma
explained that this was a question of the width of the street to be put back in at
the 24-foot width or put in 32-foot with curb and gutter, Reviews costs as outlined
in letter, Noted storm sewer assessment may come later if it is determined that you
will be benefiting from it when it is constructed," The people that were at the meeting
then realized they would be charged if they received benefit from a storm sewer when
it is constructed,)
I
Bob Eichers, 2718 140th Avenue
Last summer I took the petitions to the people on 140th Avenue and of the 8 people
there not on paved streets, 6 voted yes, At that time, they did have a copy of the
cost figures, If 140th Lane gets their street, ours should also be considered as a
separate unit, IAt the end of 140th Avenue now there's a huge lake, (Several people
have changed their positions on it after the revised figures were given last month
because they felt it was too costly, Also, most of the problem caused on Crocus is
not a local problem; water is running from the rest of the area to it,)
I
Mrs, Bob Eichers. 2718 140th Avenue my
From the house cleaning point of view, I'm getting tired of sweeping sand and dirt out
of the house, Ålso, we are unable to ride our bikes because of the sand streets, The
other problem is that it is too expensive to put streets in this year, However, it's
going to be even more expensive in the years to come and could double in the next 5
years.
Regular City Coun....Ll Meet~.lg
March 1, 1977 - Minutes
Page 6
(Public Hearing continued)
Resident testimony from Red Oaks:
Tim Swanson. Raven Street
Where did the figure changes of 91 to 87 come from? (1st and 3rd Additions). Then
the only change was in the 1st and 3rd Additions and the Second and Fourth stayed the
same. This week's new petition had nothing to do with whether we wanted streets and
sewer, but it was included in the count. It shouldn't have been, They were not
necessarily for or against the streets and sewer, The petition was if they were going
to get charged for the ponding or for a part of the ponds, they felt they might as
well go the whole project, assuming Fourth Addition and 139th Avenue is voted in as a
project,
Jerry Elfert. 2039 139th Lane NW, Fourth Addition
The Council has to decide what the smallest area you're going to allow for in the
projects and petitions, A lot of time has been wasted getting down to one-and two-
block areas, I feel we should do the whole thing, Has any of the Council members
driven over 139th in the past week? (Yes)
Al Schrupp, 139th Avenue
Is Red Oaks going to be considered as a whole unit or are you going to take it as
individual Additions? (Mayor Windschitl - The only reason subdivisions in Red Oaks
came up before is that the Fourth Addition had a majority of the people who wanted it,
and the people with yards facing 139th have a majority for it. In the Third Addition,
virtually everyone was opposed last time. We've been trying to do something with 139th
for many years now, and we were looking for something to be done once and for all.
That's the only reason that the break up came about in the first place. I think we
should be considering the whole project.)
1
Mr. Schrupp - I'd like to thank the Council for putting up with all the petitions and
repetitions and1all of the hearings that went on,
I
MOTION by Lachinski, Seconded by Orttel, to close the public input portion of the Red
Oaks, Northwoods Construction Project, Carried unanimously,
1
Procedure for votin~ on the projects
MOTION by Lachinski, Seconded by VanderLaan, that we consider these projects in the
following order:: first, Northwoods in total; second, Red Oaks Fourth including 139th
Avenue in its entirety; if that were to pass, then consider Red Oaks as a total project
as the third vote, Motion carried unanimously,
. I
D1scussion on Northwoods: Mr. Lachinski - In the past week we've experienced some of
the worst weather, and road conditions will probably never be much worse, We had
approximately the same number of people for and against the project last week as we do
now, I feel thel remainder of those people do not want to change their mind at this time,
Hr, Kasma - If w~ don't do the streets in Northwoods, we'll have to put gravel on, and
these people will be Olssessed $1,10 a foot for the gravel. That would be an alternate
project.
Mayor Windschitl - We can't leave 139th and Crocus in the conditions they are in, Will
that one catch basin on Crocus be sufficient to drain that area out? (Mr. Kasma - Yes,
because it is a gravel road. It might pool for awhile but eventually it will run down.
We're talking about a rural-type drainage where water stays on the street, in yards, etc.
Regular City Council Meeting
March 1, 1977 - Minutes
Page 7
(Public Hearing, Mr, Kasma, continued)
It's a minimum system, We need storm sewers when the ground isn't absorbing the water
at this time of the year when the ground is frozen, IVhen blacktopping a street, you
crown the street 6 inches high in the center, The road slopes off uniformly to a low
point in the gutter, and at every intersection you have a water problem, That water
has to be collected, so you do need a minimum storm sewer system as we've proposed.)
Only one or two people have changed their mind in the last two weeks. With one verbal
change in Northwoods, the final opinion survey showed 29 people for, 27 against, If
Northwoods is not ordered, Class 5 would be put on the roads as ordered in the original
project. A special assessment hearing would have to be held.
MOTION by VanderLaan, Seconded by McClure, that the City Council, City of Andover,
request that the Engineer, Dewey Kasma, prepare final plans and specifications:for
the construction of storm sewers and bituminous streets with concrete curb and
gutters in the Northwoods Addition, (Resolution 31-7 attached) (Requires a 4/5 vote
to pass.)
VOTE: YES-McClure, Orttel, VanderLaan, Windschitl; NO-Lachinski
Motion carried.
Consideration of 139th Avenue and Fourth Addition in Red Oaks:
MOTION by Lachinski, Seconded by Orttel, that the City Council. City of Andover.
authorize the firm Of Tolz, King, Duvall. Anderson and Associates to prepare final
plans and specifications for bituminous streets, concrete curb and gutter and storm
sewer construction in the Red Oaks area limited to Red Oaks Fourth Addition and 139th
Avenue from Crosstown Boulevard to Quinn Street. Further, the Council authorizes the
City Attorney to prepare the necessary legal documents to acquire the required pond in
the reduced drainage area and required drainage easement, (Resolution 32-7 attached)
(Discussion: Words "limited to" is not an attempt to impact the next breakout, It is
simply referring back to the fact that we have broken those apart,)
VOTE: YES-Lachinski, Orttel, VanderLaan. Windschitl; PRESENT-McClure as he is a
resident of Red:Oaks Fourth and cannot vote on the issue, Motion carried.
Consideration of the remaining area in Red Oaks:
I
MOTION by Lachinski, Seconded by Orttel, that the City Council, City of Andover,
authorize the firm of Tolz, King, Duvall, Anderson and Associates to prepare final
plans and specifications for the bituminous streets. concrete curb and gutter and storm
sewer construction in the remaining Red Oaks area, Further, the Council authorizes
the City Attorney to prepare the necessary legal documents to acquire the required
ponds in the reduced drainage area and required drainage easement. (Resolution 33-7
attached) I
VOTE: YES-Lach~nski, Orttel. VanderLaan. Windschitl; PRESENT-McClure as he is a resident
of Red Oaks Fourth and cannot vote on the issue. Motion carried.
I
MOTION by VanderLaan. Seconded by Orttel. to close the Public Hearing, Motion carried
unanimously. I
Recess, Meeting reconvenes at 9:40 P.m.
I
--
Regular City Council Meeting
March 1, 1977 - Minutes
Page 8
Valsvik/Well
Lee Valsvik. Crosstown Boulevard - Somebody should be responsible for drying up my
water system, I had a perfectly good well until it was damaged as a result of pumping
water for the sanitary sewer system by the City, (Attorney Hawkins - By today's
standards, it was a nonconforming well when it dried up because it was too shallow;
however, it probably was in accordance to standards when it was initially drilled,
The law is interpreted as a municipality has the right to use subterranean water in a
reasonable manner; and if the use of this water for public as a whole in a reasonable
manner creates a hardship for an individual, the public must govern over the individual,
That's the basis of my opinion,)
Mr, Valsvik - What is the difference for cutting ~rees and digging which is compensated?
Somebody is to blame, I was left in the middle of December with a hose and told to
dig a well or get my own water, (Attorney Hawkins - We're not going on someone's
property, We're talking about water that is on City easement,>
Mr, Kasma - I know of no communities who have ever redr111ed a person's well, We do
make provisions in the contract to provide temporary water to the people, To put the
stipulation in the contract that if you dry up any wells you'll have to dig a new one
means the contractor is taking a gamble and would have to build in a slush fund into
the project, which would cost you additional money, It's not practical, We do stipulate
that if you dry up sambody's well, we will pay you as extra work to provide them water
for a reasonable period of time, So we do make provisions to do something, but not to
the extent of drilling a new well,
Attorney Hawkins - I realize that he has lost something of value and he did have to dig
his well deeper, But from strictly a legal standpoint, you have no legal obligations
to reimburse him for anything, We dswatered just enough to get the sanitary sewer
system in, We :are making reasonable use of the water because we're just takirgenough
water out to put the pipes in, If we were pumping water out far in excess of what we
needed to put the pipes in, then that would be an unreasonable use of water,
Mr, Kasma - There is control, too, to do the pumping as we had to get a permit from the
Minnesota Department of Natural Resources, We had to justify to them the water has to
be pumped out, 'at what rate, and how long it will be pumped out, So the City is controlled,
I
Councilperson Orttel - Right now the City of East Bethel has many shallow wells that ae
drying up anyway because of the climate, On one hand, you:couldn't replace-the shallow
well with a shallow well; you'd have to go to the deep well, On the other hand, it is
a definite improvement because homes generally are not marketable without deep wells,
,
So there is a definite improvement by putting the deep well in, However, there is the
loss of the shallow well; and if there was any moral obligation, it would have to be
for just what was lost,
I
Councilperson Lachinski - Would it be reasonable to consider the possibility of placing
the cost of th~ new well that has dried up because of a project like this into the
I
project and then assessing the property owner so it could be financed for him as part
of the project?: Would that be of any value to the owner? (It is financed by the bank
now, Attorney Hawkins - I'd have to look into that, but the problem with that is
we would end up financing it and he would pay for it, You won't have that problem
,
here so much, but more when you put in water projects,)
I
Councilperson VanderLaan - \Vhat was the depth Of the old well? (not know exactly, The
new one is 127 feet deep,) By assessing the property owner, you're financing a private
improvement with public money, You're risking the pay Off of that particular portion æ
the bond, In the event it is not paid, it would end up on the general tax levy,
Regular City Council Meeting
March I, 1977 - !linutes
Page 9
(Valsvik/Well. Councilperson VanderLaan, continued)
I feel it would not be a wise thing to do. Since the well is already financed, this
wouldn' t be pertinent at this time,
Councilperson Lachinski - I do look at it as partially our problem,
Mr, Vlasvik has attained an attorney and it is not known whether or not he will pursue
this further, No further action was taken on the matter.
En~ineer's Report - Assessment Financin~
This item was held over as the first order Of business at the next meeting.
En~ineer's Report - A~eements
The Council should look at the alternatives developed by TKDA. They should be presented
in steps as the project progresses, especially the ponding areas in Red Oaks,
MOTION by Orttel, Seconded by HcClure, that we accept the Authorization for Professional
Services Agreement between the City of Andover and Tolz, King, Duvall, and Anderson
dated January 4, 1977, for the 1977-1 Street and Storm Sewer Improvement Project, as
written in accordance with the revised Engineering Agreement of February, 1977; and
to authorize the Mayor and City Clerk to execute the same. (Discussion - This is
specifically for Northwoods, Red Oaks, and 133rd, 134th and Eidelweiss in the Lundgren
Oak Ridge Addition, ) (Resolut ion 34-7 attached) Motion carried unanimously.
Park/Recreation Commission
Phil Rzeszutek, Chairman of the park/Recreation Commission, reviewed a memo from
Community Schools Director, Jim Stewart, regarding expansion of Summer programs into
the northern area, The site should be Crooked Lake School rather than the City Hall
site, Transportation costs would be subsidizing costs to baseball games, swimming,
roller skating,' field trips, etc. Less money is allocated for the northern area
because of the type of programs offered up there, We don't have the facilities for
,
indoor classrooms, etc. One of the main priorities of the Park Board this year is to
pick a northern park site to develop where we could put up some kind of shelter to
accommodate a larger community school program in the coming years. The building
inspector has said that St, Patrick's Church is not a sound building and would not
allow it to be used for a community school,
D'Arcy Bosell J Being a northern resident, how am I going to find out about these
,
activities? Living in District 15, I have never received any literature of Community
School activities, I suggest that precautions be taken that northern residents do
receive adequate information on these programs, (Summer activities should be mentioned
in the nevœletter and advertised in the Union. However, your Community School program
is coming from ;the St, Francis school district, They've hired a full-time director,
The way it sta~ds right now, your area of Andover will have a community school, while
the rest of Andover will not,)
I
MOTION by VanderLaan, Seconded by Lachinski, that the City Council authorize a Summer
Recreation Proiram not to exceed $5,500 to be conducted at Crooked Lake School and
Aztek Park, (Re:solution 35-7 attached) (Discussion _ Figures should not be broken
down because it would restrict the activities of the Park Board.) Motion carried
unanimously.
-
Regular City Council Meeting
March 1, 1977 - Minutes
Page 10
Staples Cemete.ry/Historical Site
Attorney Hawkins reviewed the situation with regard to Staples Cemete.ry, which has
approximately 20 graves, the last individual being buried in 1867, It was recommended
that the developer go through a proceeding to register the property called torrensing
the property, In dOTIg so, the City of Andover was named as a defendant in that torrens
action because of the public interest in the cemetery, We put an answer to the torrens
summons about the first part of last month, Vfuat is the Council's position at this
time? ~f the Council wants to assume responsibility of this cemetery as a historic
site, the current landowners would be willing to either dedicate it in a plat or deed
it to the City with an access so it could be established as a historical site,
Wouldn't think that this should be substituted for part of the park if it is dedicated,
Councilperson Orttel - Originally the Planning and Zoning Commission included it in the
park land, It's badly deteriorated and the cost would be substantial to bring it up,
(}~, Hawkins - If they would let it sit, the County would probably take it over and do
some maintaining on it to get by, If youlwant to designate it as a historical site
in our community, the County is willing to let us take it over and develop it,)
Councilperson VanderLaan - As a result of the torrens~ action, the title is being
restated so that we arein a position to be able to express our opinion, Under Ordinance 10,
Section 906, Item h, how much strength do we have in that particular situation when
the plat comes in? Can we say that this is something that shall be dedicated because ~
the situation here? (Attorney Hawkins - They are more than willing to give it to us
because they have no use for it, But probably we couldn't force them to dedicate it
unless you wanted to take it as part of the park,) The problem is the people don't
own it now. Most of the people buried in the cemetery are from the Staples family;
however, there is a surviving relative of the Staples family, We must realize that the
cemetery is often the last record of a person to get destroyed, We have an obligation
to step in and make every effort to preserve this cemetery from further deterioration
and attempt to work with Anoka County, the Anoka County Historical Society, and
possibly the Anoka-Hennepin Historical Society, By doing so, we may be able to diminish
the number Of dollars that we would spend on the maintaining of this,
I
MOTION by Lachinsk1, Seconded by McClure, that we direct the City Attorney to represent
our interest inlthe property, the Staples Cemete.ry, (Discussion: Councilperson
Orttel - If the County would own the property if we didn't file an answer, we could
very easily go into a joint program of maintenance with them on it, If we own it, we
may end up spending the whole thing ourselv~ Mayor Windschitl - It was my preference
that we own it, I The area now is 100 by 100 feet,) Motion carried unanimously,
MOTION by Lachinsk1, Seconded by Orttel, to extend the time limit of this meeting until
11 o'clock, Motion carried unanimously,
I
Approval of !1inutes
I January 17, January 18, January 31,
Minutes to be approved are January 4, January 10 February 1, February 10, February 15, and February 17,
January 4, 1977:!
Page 1 - should be election of acting Mayor
Page 3,' Second paragraph - Lachinski (~t
Second to last paragraph, ~nir 0 last sentence - rationa1e Csp)
- -
Regular City Council Meeting
lœrch 1, 1977 - Hinutes
Page 11
(Approval of !1inutes, January 4, continued)
Page 4 - Change to: Assemblies of God would have no objection to the possibility of
having the road put throu~h the property
middle paragraph - brackets should not be there
Paragraph regarding the Assemblies of God Special Use Permit - Should read:
Councilperson VanderLaan suggested that possib2y ~ plannin~
study could be secured on the traffic pattern and parking
before this structure will be built,
Under Imyor-Council Conference - Add: MOTION by Lachinski that new Council
Members of the City Council, City of Andover, be authorized
to attend the Conference sponsored by the Government Training
Service, Saturday, January 29, 1977, Hotion dies for lack of a
second.
Page 2 - Jerry Windschitl (sp)
January 10, 1977:
Correct as written
January 17, 1977:
Page 2, last motion except for adjournment - change to MOTION by Lachinski
Statement on the back - understand the law ~ filling
first paragraph, third to last line - Include: people, M I feel
January 18, 1977:
Page 1 - Bob Snyder made the following statement
Page 4 - Vote on motion of-rëquest of Bi-Centennial Committee: Carried unaninously
February 1, 1977:
Page 1 - Mayor Jerry Windschitl (sp)
Cro'ssto\'ln Boulevard (sp)
Page 6 - VanderLaan's comment for the record - Change to: as the Attorney is the
I person to whom the dollars accrue
February 10, 1977:
Page 1, thir'd line - !1ayor Jerry Vlindschitl (sp)
I
February 15, 1977:
Page 1 - Resident Forum (sp)
Page 2, 1st paragraph, fourth to last lim - Change to: Deputy told them to get the
I cars £.f!. the lot
Page-4, four~h to last line, 1st paragraph - debris (sp)
Page 5, second to last line - often times people can change their mind (sp)
I -
February 17, 1977:
Page 3, Carol Hoser - Coon Creek Watershed Board is looking at dred~in~ (sp)
Page 9, second to last sentence under Curtis Johnson - Change to: The standards
I are what the Old Council adopted back in l2Z£.
!10TION by VanderLaan, Seconded by Orttel, to approve as corrected the~following dates:
January 4, January 10, January 17, and January 18.
VOTE: YES-Lachfnski, Orttel, VanderLaan, IVindschitl; PRF.5ENT-McClure. Hotion carried.
HOTION by Orttel, Seconded by Lachinski, to approve the meetings of February 1, 1977,
February 10, 1977, and February 15, 1977 as corrected, Motion carried unanimously,
Regular City Council Meeting
!1arch 1, 1977 - Minutes
P'3ge 12
(Approval of Minutes, continued)
MOTION by Orttel, Seconded by McClure, that the minutes of the February 17, 1977,
meeting be approved as amended.
VOTE: YES-Lachinski, McClure, Orttel, ¡'Iindschitl; PRESENT-VanderLaan as I was not in
attendance at the meeting, Hotion carried,
Approval of Claims
Check number 1163 to the East Bethel Fire Department had been presented for payment
previously, The Clerk noted that the City of Anoka and the City of East Bethel do not
have a mutual aid agreement; therefore, we must pay this bill,
The City Clerk received an opinion from legal council regard~ check number 1142 to
Babcock, Locher, etc" indicating the charge in question is the responsibility of the
City, (See February 1 minutes)
Discussion was on the payment of $10 for the P & Z Subcommittee members, Councilperson
VanderLaan felt that one Of the considerations in her objection to establishing a sub-
commitÞOOwas that now anytime we have a subcommittee Of any of our committees, ws're
going to have to deal with the problem. The entire P & Z would have benefited from
the study program. Councilperson Orttel - If we didn't have the subcommittee, in order
to do this, the whole P & Z would have to meet; and it would cost us more,
Don Jacobson, Chairman of the P & Z,recommended that the money be paid, The job they
are doing is a big and important one. If we all met, it would cost more than just the
subcommittee meeting, Also, with such a large task, it would be practically impossible
to get everybody together with the frequency that they are meeting, It could also
create a reluctance of people to be on subcommittees if they are not paid.
Councilperson VanderLaan - Agrees that they should be paid, I was willing to go the
extra dollars for the benefit thåt would accrue to all the individual members. If we
consider these proposals, we are also going to have to recognize the fact that when thË
happens again, this will be an accepted practice,
HOTION by Lachinski, Seconded by Orttel, that we authorize the reimbursement at the
rate of $10 per 'meeting for those Planning and Zoning Commission members that are on
the Planning and Zoning Commission Subcommittee for Ordinance Review. (Resolution 36-7
attached) Motion carried unanimously,
MOTION by Orttel, Seconded by Lachinski, to approve claims number 1172 through 1189
in the amount of $10,570,96 and numbers 1142 and 1163 in the amount of $1365,90,
and claim numberl 133 from the 75-2 Improvement Project in the amount of $1437,50.
VOTE: YES-Lachinski, McClure, Orttel; NO-VanderLaan; PRESENT-Windschitl, Motion carried.
Councilperson VanderLaan - Would not approve check number 1142 for the same reasons
as listed in the I February 1 minutes,
MOTION by orttell Seconded by VanderLaan, to adjourn, Motion carried unanimously,
1
Heeting adjourned at 11:30 p.m,
I
Respectfully submitted,
'~l~~
Marcella A, Peac
I
-