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HomeMy WebLinkAboutCC April 4, 1978 €:8i'V o~ l!IN]@@ V~Cl REGULAR CITY COUNCIL MEETING - APRIL 4, 1978 AGENDA 1. Call to Order - 7:30 P.M. - Acting Mayor Orttel presiding. 2. Resident Forum 3. Agenda Approval Metropolitan Council Discussion _ Charles Weaver 4. Public Hearings _ None 5. Legal and Engineering a. Hall Rental - Mt. Olive Church b. Road Locations - R. Smith c. Vacation of Right-of Way - P. Cavner d. Preliminary Plat _ Fox Meadows e. Declarations of Adequacy _ Street/Storm Sewer Petitions l. Meadowcreek Estates 2. Cedar River Hills and Cedar Crest Additions f. 6. Ordinances and Resolutions 7. Petitions, Requests, Communications 8. Reports of Officers, Boards, Committees a. Planning and Zoning Commission b. Volunteer Fire Department c. Capital Improvements Committee l. One - Year Plan 2. Purchase of Votomatics 9. Old Business a. Screening/Engineer, Attorney Applicants 10. New Business ~ a. Interview Date - Park/Recreation Commission ~ >1* 11. Approval of Minutes 12. Approval of Claims 13. Adjournment * Please add to agenda ** Please delete from agenda - . ANDOVER ~ 01 REGULAR CITY COUNCIL MEETING - APRIL 4, 1978 MINUTES The Re~ular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Kenneth Orttel on April 4, 1978, 7:40 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilpersons present: Lachinski, Vanderlaan Councilpersons absent: McClure, Windschitl Also present: City Attorney, E. p. Babcock, City Engineer, Di R. Kasma; City Clerk, p. K. Lindquist; and interested residents Residents Forum Rosella Sonsteby. 4100 Seventh Avenue - questioned if a resident whose land abuts an easement to the City can use that easement as a public road when they have their own public frontage. The township has never maintained the easement. It is an easement to get to some other property and comes out to Round Lake Boulevard. Mr. Babcock stated the residents cannot use that easement as a public road. It is up to the City as to whether or not they are going to accept it for maintenance and how it can be used. The Council can grant a buildin~ permit for a building to abut this road if it meets our Ordinances, and the Council can permit the public to use that road. Ms. Sonsteby - stated there is an easement between two of her lots on the lake and people have been usin~ it for snowmobiling. Do they have that right on this particular easement1 The easement is for storm sewers. Mr. Babcock stated he'd have to examine the easement to be certain, but if it is a drainage easement, it does not ordinarily give the public the ri~hts to use it as a pUblic thoroughfare. Ms. Sonsteby - stated she owns a piece of land zoned R-l around Round Lake Boulevard, which she felt is impossible to develop into 2~ acre lots and still have thè 330 feet of fron ta ge . She felt she should have the right to break that into smaller lots. The P & Z was not responsive to lots of less than 2~ acres. Her taxes have been raised on that property substantially, and she would like to develop it. It is 17 acres in size, but she is wanting to break out the 11 acres because of her private ditch going through it. She felt when that area was first zoned that it was unjustly done. Ms. Sonsteby was advised that the R-l zoning requres 2~ acre lots. If she chooses, she can apply for a rezoning but it must meet the criteria that are set forth; and, of course, there is no guarantee that that will be done. The Council has been most adamant about demanding at least 2~ acre lots as minimum standard in the Community to control its growth, If 1/3 acre lots were developed and building only allowed on every third lot as Ms, Sonsbety suggested, that would still mean one house per acre, which is still below the City's minimum standard, Mr. Retzlaff stated that there is a high probability that that area will remain zoned for 2~ acre lots after the reorganization taking place this year, as the P & Z is re- commending that everything that is unserviced be 2~ acre lots and that rezoning would progress along with City improvements, That area isn't proposed for City improvements until 1990 or later, Bruce Hay, 39 North Oaks Road, St, Paul - presently has a mobile home park permit in the City of Andover, the l14-acre piece on the southwest corner of Round Lake, He wanted the Council's reaction to a rezoning request from R-5 on the land to an R-4 zoning, which would enable him to develop it for residential homes, In the last several years the value of residential property has increased; and from an economic standpoint it makes no difference to him whether he develops a møbile home park or develops this area into residential lots, He further stated that about ~ of that area is very high, and he didn't know what would occur for developing that on a residential basis but would be willing to look into it, Re~u1sr City Council Meeting April 4, 1978 - Minutes Ps~e 2 (Residents Forum - Mr. Hsy - Continued) Mr, Hsy slso felt the need ~restly exists snd there is s very high demsnd for the one- sere lot becsuse it is sffordab1e, The R-4 zoning is the 13,000 square-foot lot reouirement, but 39,000 square feet is needed to build a septic system. He would develop 39,000 souare foot lots with a subdivision plan for further devs10pment later on when sewer and water is available, This would, in essence, be building on every third lot, Mr, Hay also stated he would want to get through both the rezoning and the platting procedures at the same time, Counci1person Vanderlaan sdvised that City standards adopted for R-4 zoning requres all improvements be installed, which then provides some argument against the lower cost of the 13,000 square-foot lot, This community is in favor of encouraging the larger lot where there are no improvements. Councilperson Lachinski felt it may be difficult to do what Mr, Hay wants until the City gets through its planning process, which could take up to another year, By then it might be such that city improvements are cloee by and it 1s feasible for that area sooner than what is currently being planned, He also felt that what Mr, Hay is doing is correct; it , just might be somewhat premature with the City's plannin!'; , Acting Mayor Orttel stated the Council cannot make a decision here; it must ~o through the Planning and Zoning Commission procedure for rezoning, Mr, Hay was advised to meet with the Planning Commission for their suggestions and recommendations, A~enda A t>1'roval Discussion was on the items requiring a majority of quorum or a majority of the Council to carry s decision, There was also some discussion as to what items to discuss as there was a ouestion as to whether or not Counci1person McClure will bem attendance later in the evenin~. Under Item 5e1, Declarations of Adequacy - Street/Storm Sewer Petitions, Meadow- creek Estates, the question was whether or not Councilperson Lachinski could vote on the item as he lives in the area, Mr, Babcock stated a majority of the Council is needed to order the feasibility study on this project; and though he believed that technically it would be 1'r01'er for Counci1person Lachinski to vote if he chooses to, he felt there is no ouestion that it would be better if he did not vote, Mr, Kasma noted that a feasibility study was done in 1976 on the Meadowcreek Estates, and he has substantially all the in- formation available at this time, The Cedar River Hills and Cedar Crest Additions is an entirely new 1'roject in which a lot of work must be done, He recommended ordering the feasibility study as soon as 1'ossib1e if construction is to be done this season, MOTION by Vanderlaan, that the City Council deal with the entire Agenda for April 4, 1978, with the deletion of the followin!'; items: 5el, Declarations of Adequacy - Street/Storm Sewer Petitions for Meadowcreek Estates and to delete Item 8c1, Capital Improvements Committee One-Year Plan and 8c2, Purchase of Votomatics, Motion dies for lack of a second, MOTION by Lachinski, Seconded by Ortte1, that we approve the Agenda as published with the following additions: Interview Date - Park/Recreation Commission, and to defer the action on whether or not Meadowcreek Estates will be acted upon tOnight until after 9 p.m" and to delete Approval of Minutes, VOTE ON MOTION: YES-Lachinski, Orttel, NO-Vanderlaan Motion Carried, Councilt>erson Vanderlaan - I feel that it is unwise to deal with 8c without at least four Council 1'eo1'le. Re~ular City Council Meetin~ Am-il 4, 19713 - Minutes Pa~e 3 Hall Rental - Mt. Olive Church LeRoy Stunek. 131335 Underclift - Items discussed with the City Clerk were the additional liability insurance, the cost of preparing the contract with the City Attorney, and the hall rental fee. The number of people involved would be under 150 people, as that is the capacity of the hall; the length of the service on Sunday mornings would be two to three hours. He was not sure whether or not a Sunday School or Bible School would be offered in the beginning. It was Mr. Stunek's suggestion that the length of rental be for one year with a possibility of reviewing and renewing it at that time. For custodial services, Mr. Dick Schneider has volunteered, with Council approval, to take f?e responsibility of the custodian duties on Sunday mornings and be responsible for open"ähd closing the building. Councilperson VanderLaan stated ~he has looked into the procedure of some of the other public buildings within the area and on the restrictions of having something on an on-going basis; and ~enerally they reqmrs the presetlce of a staff member or elected official at the functions. As this may be setting a precedence, she felt that someone either appointed or elected from the City should be in attendance at least during a portion of the services to take the responsibility, tend to emergencies, someone familiar with the procedures of the City. She felt this was an unresolved issue and was apprehensive about approving this until that issue is resolved. Actin~ Mayor Orttel felt that Mr. Schneider is as familiar or more familiar with the procedure than most people and personally had no problem with that at all. Dick Schneider - stated he is a member of Mt. Olive Church and did offer to open the buildin~, see that it is cleaned up, and lock it up. MOTION by Lachinski, Seconded by Orttel, to direct the Attorney to prepare an agreement for the Clerk to enter into an agreement with Mt. Olive Lutheran Church to rent the Community Center meetin~ room on Sunday Mornings including regular church service days for a period not to exceed 1 year, and also to waivs ths "Reoccurring provision" in Resolution No. 33-6. Note that Mr. Dick Schneider has agreed to handle the custodial protion of the requiremsnts to open and close the building. VOTE ON MOTION: YES-Lachinski, Orttel; NO-VanderLaan Motion carried. Road Locations - Ron Smith Actin~ Mayor Orttel read ths letter from TKDA dated March 29, 1978, noting that they rs- viewed the street locations with Mr. Ruud, Anoka County Highway Engineer, and are recommend- in~ the Council accept the entrqnce location proposed by Mr. Smith referred to as Alternate 2. Mr. Ron Smith - stated !1r. Babcock needs a legal description before an agreement can be drawn UP on the easement around the cemetery. He cannot give a legal description until the lots are totally laid out. He is willing to give a 30-foot easement to the cemetery from County Road 7 and a 50-foot easement around the cemetery. Discussion waS on the easements proposed by Mr. Smith and how restrictive the City can be within the easement to prevent the building of structures in close proximity to the cemetery by private individuals but not to prohibit the City itself from buiMing a building. Mr. Babcock stated the best solution to adequately protect the area around the cemetery would be to have Yæ. Smith deed the property to the City. Mr. Smith stated he would be willing to do that if it would work out in conjunction with working out the lot lines to make the lots 5 acres. He would also be willing to put the exceptions in the deed of buildings other than the City itself. Mr. Babcock also stated he could write an easement that would ~rovide access for the City to the cemetery but still not provide access to the public, and the City will have the right to use it as they choose to. . Regular City Council Meeting A~ril 4, 1978 - Minutes Page 4 (Road Locations - Ron Smith, Continued) Mr. Kasma ex~lained the best ~rocedure for Mr. Smith to follow is to put money in escrow (which he has already done) and TKDA will check the rough grading, the gravel, and the blacktop as the road is being constructed. The Engineer would be working for the City as in any other develo~ment; afterwards the Council would either accept or reject the finished road. Council~erson Lachinski stated the one problem he still had with this situation is that by not ~latting this land the City does not end u~ with any parkland dedication. Counci1person Vanderlaan felt the fact that the very large lot, which enhances the conce~t of the City to control urban s~rawl, is advantageous, and that the Statute will not allow us to demand ~arkland dedication from Mr. Smith. Mr. Retzlaff noted there is a ~otential ~ark just to the east of there also. MOTION by Vanderlaan, Seconded by Orttel, that the City Council approve the proposed road location for Old Farm Estates as presented by Ron Smith and referred to as Alternate Number 2 as referre~ to in a TKDA letter date~ March 29, 1978, an~ the propose~ roa~ location drawing as presented to the Council on April 4, 1978. (See Resolution R32-8) Motion carried unanimously. Council~erson Lachinski - I feel that platting still is the best alternative for this develo~ment, but I also feel that there are less desirable alternatives that could evolve if this particular alternative isn't pursued. Vacation of Right of Way - Paul Cavner Reference Planning and Zoning recommendations of March 28, 1978. The Clerk stated she had checked that the correct legal description is exactly as stated in the Resolution. MOTION by Vanderlaan, Seconded by Lachinski, a Rœolution vacating that portion of an easement over the North 34 feet of the west 100 feet of Lot I, Block 2, Red Oaks Third Addition in Section 34, Township 32, Range 24 . . . (~ee Resolution R33-8) Motion carried unanimously. Recess at 9:02; reconvene at 9:15 p.m. Ca~ital Im~rovements Committee _ One-Year Plan Mr. Babcock stated it would take a majority of the Council toadopt a one-year CIP plan; and he didn't believe it would require publication or a public hearing procedure to adopt a Ca~ital Im~rovement Plan. Acting Mayor °rttel reviewed the memo from the Capital Im~rovement Committee to the Mayor and Council dated March 28, 1978, regarding the purposed One-Year Ca~ital Improvement Plan. Vic Evans, Fire Chief, stated the Fire Department met with the Roads Committee last evening to discuss the informal quotations received for the cold storage building; and the lowest quote came to close to 513,000 including the building and electrical. Because it is aver the 510,000 originally anticipated, the alternative recommended is to investigate renting or leasing a building for the remainder of the year to house public works and the fire department equipment until a decision can be made on a permanent building. Mr. Evans also stated at the present time there are 23 active members in the Fire Department, with 4 members on day coverage; and they have just begun a recruiting drive hoping to increase membership. It was Councilperson Lachinski's opinion that plãns should be gone ahead to get plans and specifications on a permanent buiMing almost as to~ priority, Therefore, it was his suggestion to the CIP that they take the money originally suggested tor the cold storage building and ~ut it toward getting the plans and specs for a permanent building. Hope- fully one could be constructed before the end of this year. Mr. Kåsma stated that plans and s~ecs for a ~ermanent fire station do not have to be very detailed before going out for a bond issue, He felt that they could be done for the public hearing for approximately -Regular City Council Meeting April 4, 1978 - Minutes Page 5 (Capital Improvements Committee _ One-Year Plan, Continued) $2,000, He also felt that the earliest possible date the permanent building could be constructed would be December 1 providing there were no delays in decision making or obtaining materials, etc, Councilperson Lachinski suggested making a total committment to the Fire Department by preparing plans and specs for the permanent building, trying to arran~e Some method of financing, and approving the expenditure for fire equipment all at the same time, He felt that possibly financing the building through leasing would be practical at this tim~and at some point in the future, if the City felt that a bond issue would be cheaper in the long run, then a bond issue could be secured to payoff the lease a.rrangement. He etated he could vote to purchase the fire equipment at this time if he knew a permanent building would be built this year, In discussing Item 4 of the CIP's motion to pUrchase a new dump truck for public works, Lloyd Rieman, Road Improvement Committee Chairman, stated the Committee felt that purchasing the new truck was not necessary if the requested $30,000 a year is not allocated to up- grade two miles of road per year, They would still like to buy a used truck and use the remainder of the money to buy gravel to try to ù~grade l~ to 2 miles of road this year, The. Committee felt that the CIP overlooked their request for $20,000 a year for gravel for upgrading roads and they have submitted a new request to the CIP itemizing streets to be improved over the next 5 to 6 years, Councilperson VanderLaan questioned the per capita amount that was recommended in the Comprehensive Park Plan and how that compares to the Parks request of $3,500 for 1978 for upgrading parks, MOTION by LachinSki, Seconded by Orttel, to authorize the Clerk to enter into an agreement to lease a facility for cold storage for the Fire Department/Public Works equipment contingent upon Council approval, Discussion: Councilperson VanderLaan made a point or order that the Clerk should be authorized to investigate leasing and report back to the Council, MOTION CHANGED TO authorize the Clerk to investigate the possibility of a lease~arrangement of a building within the community for the purpose of housing the Fire Department and Public Works equipment and, if possible, have that least prepared for Council action at the next regular scheduled meeting, Second still stands, Further Discussion: The Clerk stated that the Building Official will investigate the building to be leased and will investigate the accessability of this particular building as opposed to the City Hall site, Motion carried unanimously, MOTION by LachinSki, Seconded by VanderLaan, to refer the One-Year Capital Improvements Program for 1978 back to the Capital Improvements Committee, Discussion: Councilperson Vanderlaan requested detailed cost breakdown of figures for Parks as it is done for the Fire Department and that this breakdown be included in all future requests, Councilperson Lachinski requested the CIP investigate appropriation of funds for plans and specs for a permanent-type Fire and Public Works building and that they consider the authorization for classified gravel materials for 1978 road improvement program, Motion carried unanimously. Preliminary Plat - Fox Meadows 110TION by Lachinski, Seconded by VanderLaan, to table the Preliminary Plat for Fox Meadows until the next regularly scheduled meeting, (See Resolution R34-8) Motion carried unani1!'lously. Declarations of Adequacy - Street/Storm Sewer Petitions - Cedar River Hills and Cedar Cre~ Additions Mr. Kasma explained TKDA would do the preliminaries on a cost-plus basis at a cost not to exceed ~3,OOO for that area, It will take some extensive work to narrow down the storm drainage area there as it involves 5 different drainage areas, There are three additional ·~e~ular City Council Meetin~ April 4, lq78 - Minutes Pap;e I; (Street/Storm Sewer Petitions - Cedar River Hills/Cedar Crest Additions, Continued) streets su~~ested by the Clerk to be included in this feasibility study that petitions were not carried to, In addition, durin~ Council discussion, it was recommended to also in- clude l77th Avenue from Blackfoot to Aztec Street and Aztec Street from l77th to l78th Lane. ~r, Kasma felt these could be included for the suggested cost of 53,000, There was also some Council question about the extension of Xenia to the north as it would be the City's responsibility to construct that road if the proposed development to the north were to ~o in, IT, Kasma wouldn't be in favor of putting in that road if the project were not to ~o, ~e will examine the status of that development with the Clerk, MOTIO~ by Lachinski, Seconded by VanderLaan, to order a feasibility study for streets and storm sewer construction for those streets located in the west half of the southeast ouarter of Section 5, Township 32, Range 24 and the northeast quarter of the northeast Quarter of Section 6, Township 32, Range 24, in the City of Andover, , , (See Resolution R3S-8) Motion carried unanimously. Street/Storm Sewer Petitions - Meadowcreek Estates Discussion was on how to handle this issue since there was not a majority of Council nresent to order the feasibility study and the desirability of getting the project under way as soon as ~ossible for construction this season. Iw, Kesma stated most of the feasibility study for Meadowcreek Estates had been completed in 1976, altnough it must be modified in that more storm sewer work must be done. Mr, Babcock stated a new feasibilivy study must be ordered by the majority of the Council; however, there is no prescribed time limit between the feasibility study order and when it is presented, Therefore, Mr, Kasma could come prepared with this study at the next meeting and present it after the Council passes the motion ordering the study to be done, Mr, Kasma stated he would be willing to do it that way to save two weeks on construction time, The ßl,OOO estimate for doing the study is the maximum cost, Steve Simon, Meadow Creek Estates - questioned if the residents get to see the feasibility s tu dy , Iw, Kasma explained the report will be given at a Council meeting; residents are welcome to view it, After the report is given, a pUblic hearing is ordered, for which all residents involved will be notified of the hearing date, Capital Improvements Committee - Purchase of Votomatics The Clerk stated the most time saved will be in the counting of ballots by using these machines. Spread over a 5-year period, the City will be breaking even on the amount of dollars the City saves per election by machines as opposed to the salaries of election juda:es, After that the City will start realizing a savings yearly, She couldn't give an answer as to the average length of a voting machine, but most of the cities have had them from 10 to 12 years, By purchasing them from the County at this time, the City is savina: ß20 per machine, $8 on a carrying case, and $12 on the demos, MOTION by Lachinski, Seconded by Orttel, that the City Council, City of Andover hereby resolve that the City Council, City of Andover authorizes the purchase from the County 35 voting machines at a purchase price of 5175 for each machine, 4 voting machine demonstrators at a purchase price of 560 for each demonstrator, and 4 ballot transfer cases at a purchase price of $26 for each case, for a total price of $6,469, , , (See Resolution R36-8) Motion carried unanimously, ·Re~lar City Council Meeting Anril 4, 1978 - Minutes Page 7 ScreeninglEngineer. Attorney Applicants MOTION by Vanderlaan, Seconded by Orttel, that the City Council waive a screening reouirement for applicants for the Attorney position and that the City Council request that a date to interview Attorney applicants be placed on the Agenda for April 18. Motion carried unanimously. MOTION by Vanderlaan, Seconded by Orttel, that the City Council instruct the Clerk to forward letters to all applicants for the position of Engineer/Administrator who are not Civil Engineers informing them that the Council will not be considering them at this time; and that the City Council request that an Agenda item, namely a date for interviewing Engineer/Administrator, be placed on the April 18 Agenda. Motion carried unanimously. Interview Date - Park/Recreation Commission MOTION by Vanderlaan, Seconded by Orttel, that the City Council scheduled an interview for Park/Recreation Commission member consideration for Steven Nichols for 7:15 p.m., April 18, and that the Clerk so notify the applicant. Motion carried unanimously. Approval of Claims MOTION by Vanderlaan, Seconded by Lachinski, that the City Council approve Checks Numbers 1739 through 1742 and 1744 through 1758 for a total of $31,191.65. Motion carried unanimously. MOTION by Vanderlaan, Seconded by LaChinski, that the City Council request the Clerk to prepare a check to Babcock, Locher for legal fees as represented in the most recent statement from them less $16 for two unauthorized resident calls, one on February 27, 1978; the other on February 28, 1978, from Jenkauski regarding the junkyard issue. Motion carried unanimously. MOTION by Lachinski, Seconded by Vanderlaan, to adjourn. Motion carried unanimously. Meeting adjourned at 11:15 p.m. ~spe~~~ ~17f1 í Ma~A. Peach Recording Secretary . -