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HomeMy WebLinkAboutCC December 19, 1978 - I ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING December 19, 1978 MINUTES The Regular Bi-monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on December 19, 1978 at 7:30 P.M. at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmembers Present: Ted Lachinski, Robert McClure, Ken Orttel Councilmember Absent: Mary VanderLaan Also Present: City Attorney - William G. Hawkins, City Clerk - Patricia K. Lindquist, City Engineer from T.K.D.A. - John Davidson, Park Commission Chairman - Wes Mand, Planning Commission Chairman - Larry Retzlaff, Ray Sowada, and others Resident Forum Doug Steele,643 - l40th Lane NW, had 3 things he wanted to mention. 1) The railroad crossing at Bunker Lake Boulevard is blind when a train is coming from the North. It is dangerous and one man has been killed there already. 2) The intersection of Crosstown, Prairie Road and l57th Avenue is really dangerous. He explained how hazardous it to be going South on Crosstown, a 55mph road, and trying to go straight ahead, across a lane of traffic, onto Prairie Road. 3) They are supposed to have a nice skating rink at City Hall. The hockey rink is really good but there is absolutely nothing for people who free skate. Ray Sowada explained that they have been flooding the free skating rink but now the seal is broken on the North side. The boards on the hockey rink help hold the water until it freezes. The area where the free skating rink is located should have been leveled before the ground froze. They will continue to work at establishing a free skating rink. d'Arcy Bosell explained that when the Ham Lake hockey rink is finished the Rum River Hockey Association won't need as much rink time in Andover, therefore leaving the hockey rink free more often. It was suggested that the City could flood existing ice on ponds or lakes in the City. Mr. Sowada felt there would be no way to clear the ice. John Davidson was asked to contact the County Highway Engineer regarding the railroad crossing on Bunker and the intersection of Crosstown/Prairie Road/157th Avenue. Carroll Abbott, 2917 - l42nd Lane NW, said that he was concerned about snowmobiles on the streets, particularly in Green Acres. There are a lot of little kids in that area. He encountered a snowmobile coming down the wrong side of the street. Mayor Windschitl said that if it continues to be a problem, we will ask a deputy to patrol. Mr. Abbott said that the snow plowing in Green Acres is good but it blew a little bit and drifted into one lane on Heather Street. Ray Sowada asked that if he notices a problem again, to call City Hall. Mr. Abbott was concerned with the notice in the last City newsletter about raising the sewer charge rate if people don't pay their sewer bills. The City Clerk explained that when people move out and the City doesn't collect the sewer charge fees, it is written off and if there are too many write-off~ the rates will have to be raised. Mayor Windschitl requested Attorney Hawkins to check to see if a sewer bill would be for the property owner or the property. Regular City Council Meeting Minutes - December 19, 1978 Page 2 Mr. Abbott presented a petition to the City Council which, he said, was signed by every house but 4 in Green Acres for the permanent removal of the stop sign at Crocus Street and l40th in the Northwoods Addition. The sign has now been cut off by a pipe cutter. It was previously run over by a 4-wheel drive. It is too high priced to keep replacing the sign. There is no real safety or traffic problem at this sign. It is just a harassment to the people in Green Acres. They never stop at the stop sign anyway. Whatever it costs to replace that sign every other day, give that money to the Sheriff to patrol that area. Mayor Windschitl explained that at one point there was a traffic problem and the people in the Northwoods Addition requested the stop sign. He asked Mr. Sowada to cut off the sign post the rest of the way so it isn't so dangerous and will also request a Deputy to set up radar in the area. Agenda Approval Motion by Orttel, seconded by McClure, to approve the agenda as published with the following additions: 5b - Approval of Streets/Kiowa Terrace; 5c - Barnes' 2nd Addition; ~ - Valley View Estates 2nd Addition; 5e - Lund's Round Lake Estates; 5f - Tree Removal; lOa - Interview Date/P & Z Applicants; lOb - Meeting date/County Road 9 Realignment; 10c - Prairie Road Meeting Date. Motion carried unanimous ly . Assessment for Sanitary Sewer Improvement (Plat 66092 Parcel 4590) Public Hearing Mayor Windschitl called the public hearing to order. The City Clerk read a letter she had sent to Ronald B. Peterson, an attorney representing Keith Hawkinson, regarding the assessment for installing the sewer to this property. Leonard McLaughlin did not own the property when he gave approval for construction of sewer stubs. The deed had not been recorded, therefore the City wasn't aware of the property changing hands. Keith Hawkinson, 13523 Gladio1a Street, provided a copy of his purchase agreement of April 27, 1977. The City Clerk said that the improvement didn't happen until August. Attorney Hawkins suggested that Mr. Hawkinson go to conciliation court and suing Mr. McLaughlin for violation of the purchase agreement. There is $234.60 due that Mr. Hawkinson is now responsible for paying. The City Clerk mentioned that when this is adopted, he has 30 days to pay it off without interest. Motion by Lachinski, seconded by Orttel, to close the public portion of the public hearing for the assessment for Sanitary Sewer Improvement - plat 66092, Parcel 4590. Motion carried unanimously. Motion by Orttel, seconded by McClure, approving a resolution adopting the assessment for the improvement of Sanitary Sewer Stubs . . . . . (See Resolution R136-8). Motion carried unanimously. Motion by Orttel, seconded by Lachinski, to close the public hearing for the assessment. Motion carried unanimously. Regular City Council Meeting Minutes - December 19, 1978 Page 3 Extension of Dosta1er-Hane Addition Final Plat Jim Hane, developer, stated that the storm sewer is not complete but should be within 2 weeks. The grading has been done for quite some time. Motion by Lachinski, seconded by McClure to provide for an extension of time, (6 months) to June 20, 1979, to obtain final plat approval of the Dosta1er-Hane Addition Plat. Motion carried unanimously. Acceptance of Streets in Kiowa Terrace Engineer Davidson said that all of the corrective items have been completed and they recommend the City accept the streets and drainage facilities contingent on 1-year maintenance guarantee. Motion by Ortte1, seconded by McClure, that the City Council accept the streets and drainage facilities in Kiowa Terrace Addition contingent upon the developer furnishing a maintenance bond, cash escrow deposit or irrevocable letter of credit for a 1-year period in the amount of $5,000. Motion carried unanimously. Barnes' Ro11inR Oaks 2nd Addition Engineer Davidson reported the lack of completion of the roads. He wanted to bring it to the Council's attention and advise that if the work is not done by June 1, 1979, that they would recommend that no building permits be issued. The I-year bond has expired. Valley View Estates 2nd Addition Engineer Davidson reported that the addition is virtually complete. There is a small list of things that cannot be completed until Spring. The Engineer in charge of the work is retaining 5% of the total amount of the contract until Spring clean up. We are suggesting the developer be granted a reduction in performance security. Basically, the cleaning of the storm sewer is the item to be taken care of in the Spring. Motion by Lachinski, seconded by Ortte1, to reduce the Maintenance Bond on the Valley View plat to $8,770.00. Motion carried unanimously. Lund's Round Lake Estates The Engineer said that the developer has completed all corrective action. The 1-year maintenance period has expired and we now recommend the City take over complete maintenance of the streets. Motion by Orttel, seconded by Lachinski, that the City accept the streets and drainage facilities in Round Lake Estates Addition and return any security deposits to the developer. Motion carried unanimously. Regular City Council Meeting Minutes - December 19, 1978 Page 4 Tree Removal on Peach Property Three live oak trees were removed from the Robert Peach property by a man who had a tree-cutting permit issued by the City of AndoveT. The City does not own any easement along 157th Avenue, therefore had no authority to allow the trees to be cut. The ~-section map at City Hall indicates 66' of right-of-way but it has been determined that the map is incorrect. There is no easement shown on Mr. Peach's abstract. There is 33 I from the centerline of the road to the South but not on the North. Ray Sowada explained the problems with plowing, etc., because the trees are very close to the road. Attorney Hawkins advised the Council of how the 66' could have been placed on the map by the County Surveyor's Office. Discussed how to set the value on the trees and past history of paying for trees. Motion by Lachinski, seconded by Orttel, that the City reimburse Mr. Peach for the illegal removal of 3 live oak trees from his property and reimburse him in the amount of $100.00. Discussion: whether they were red or white oak trees; how to determine what amount to pay for them; including an apology to Mr. Peach. Counci1member McClure felt it was hard to put a value on the trees. Vote on motion: yes - Lachinski, Ortte1, Windschitl; no - McClure. Motion carried. M.S.A.H. 5- Year Program Engineer Davidson reported that in order to add Hanson Boulevard to the 5-year Capital Improvement for Municipal State Aid system it is necessary to pass a resolution to delete 169th Lane for ~ mile in.order to add the 2 miles of Hanson Boulevard. Motion by Lachinski, seconded by Orttel, introducing the Resolution amending designation of M.S.A.H. . . (See Resolution R-137-8). Motion carried unanimously. Break: 8:55 - 9:11 P.M. Discussion of Proposed Ordinance 10D Chairman Retzlaff explained that the Park and Recreation Commission and the Planning and Zoning Commission are working on an amendment to the park dedication section of Ordinance 10 and asked for COmments on the proposed revision before it goes to the public hearing stage. It was mentioned that there should be standards or guidelines incorporated into the new ordinance for determining whether land or money should be requested. The Council questioned the credit for private open space portion in relation to an industrial area and also a mobile home park. Discussed collecting the park dedication money on the market value. The Commissions will continue their work on the proposed amendment. Regular City Council Meeting Minutes - December 19, 1978 Page 5 Soil Removal from BuildinR Site Ray Sowada said that he had an estimate from an excavator to dig the rest of the black dirt out. He had Columbia Heights dig out ~ the dirt in exchange for their being able to dump leaves in the hole. Mayor Windschitl related that Andover had previously turned Columbia Heights down on dumping. They have no authorization to dump in Andover. Mr. Sawada said he had talked to "Parks" and they said it was all right as long as it was clean fill. Discussed whether the area would be buildable and/or cause problems after the leaves were dumped and covered with sand. Wes Hand asked if a soccer or football field could be leveled now. Motion by orttel, seconded by McClure, to authorize up to $400.00 for the excavation of landscape soil materials from the City Hall site. Motion carried unanimously. Phase II of Comprehensive Plan Chairman Retzlaff asked for comments and input from the Council on the materials provided. Park and Recreation Commission Chairman Mand asked for a temporary solution, a resolution or ordinance, relating to motor vehicles, specifically snowmobiles, in the City Parks. The Park and Recreation Commission is currently working on a Park Ordinance which includes a section prohibiting motorized vehicles in Parks. It was suggested the Commission get it to the Planning and Zoning Commission and then to the Council for adoption as quickly as feasible. A resolution can't be enforced by the Sheriff's Department. Volunteer Fire Department Bob Peach said that the $1,100 bid on the radios expired. The Fire Chief has another bid and will be presenting it to the Council. Fire Drill 0..),..1 Mayor Windschitl s.attt that hg th<,'¡ght the matter regarding the County Attorney's report might have previously been taken care of as to whether there should be any further action. He was advised that the rest of the Council felt it should be handled, if necessary, by the entire Council. The Mayor felt if it isn't taken care of it would be left for a new Council when it is an old Council's problem. It was mentioned that after reading the document from the Attorney's office, there were some unanswered questions. Also mentioned discussing other personnel matters at the meeting too. Motion by Lachinski, seconded by McClure, to hold a Special City Council Meeting on December 27th for the purpose of discussing personnel matters. Motion carried unanimously. Regular City Council Meeting Minutes - December 19, 1978 Page 6 Road Committee - Discussion of New City Truck Ray Sawada told the Council that in plawing the streets, particularly the cul-de-sacs, he has a problem with the big truck. There are 38 cul-de-sacs and it takes 7 minutes to plow a cul-de-sac with a big truck. There would be about 7 hours added onto the plowing time with the big truck. A small, 4-wheel drive, truck could take care of the problem with cul-de-sacs and dead ends and also could plaw the skating rinks. Also, sometimes he doesn't have a vehicle during the day when the car and truck are being used by someone else. Tree inspection time will be coming and he will need a vehicle for that. He mentioned that only he and Dave Almgren have the proper license to drive a big truck. Therefore he felt that if there was another smaller truck, Bob Muscovitz could drive that. Mayor Windschitl thought it would be best to bring it in for consideration at the budget meeting on December 20th. Mayor Windschitl requested that Bob Muscovitz be asked if he is going to take the license test. Probationary Increase/Sawada Councilmember McClure thought the increase would be pending the discussion at the Special Meeting on December 27th. Discussed the motion hiring him which stated he would be given an increase after 3 months of satisfactory performance. Motion by Lachinski, seconded by Orttel, that the City Council give Ray Sawada a 25ç an hour increase for the successful completion of his probationary period of senior public works person. Vote on motion: yes - Lachinski, Windschitl, Orttel; no - McClure. Motion carried. Interview Date for PlanninR and ZoninR Commission There are 3 vacancies on the Commission the first of the year and a number of applicants for the positions. It was suggested that since Mr. Kishel and Mr. Retzlaff have reapplied, that they be reappointed in order to get a quorum for the first meeting of the year. Motion by Lachinski, seconded by Orttel, that the City Council consider reappointing Planning and Zoning Commission Members on December 27th. Motion carried unanimously. MeetinR Date for County Road 9 RealiRnffient Mayor Windschitl asked Mr. Davidson to look at what the County is proposing and also where the road is now in relation to Quickstrom's Addition and South Coon Creek Drive and other items that would affect the City of Andover with a realignment. It was requested that there be some pros and cons from both sides and see what, from a City Engineer's standpoint, would be the best. Motion by Orttel, seconded by McClure, that the matter of the County Road 9 realignment be placed on the agenda for December 28th. Motion carried unanimously. Prairie Road Meeting Date Motion by Lachinski, seconded by Orttel, to put the item of Prairie Road discussion on the Special City Council Meeting on December 28th. Motion carried unanimously. Regular City Council Meeting Minutes - December 19, 1978 Page 7 Claims Motion by Lachinski, seconded by McClure, to approve Claim #2106, #2226, #2241 - #2261 out of the General Fund in the amount of $19,426.36 and Check #171 from the 1975-1 Improvement Project Account in the amount of $75,000. Motion carried unanimously. Ad;ournment Motion by Lachinski, seconded by Orttel, to adjourn. Motion carried unanimously. Meeting adjourned at 10:54 P.M. ~~~ Recording Se retary q 0/~ 1é [, t}1" I r I, L rtf/ t> .l ~. ~ 11'> . cJ!" \( ¡;;/ oÞ Ot~'