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HomeMy WebLinkAboutCC February 7, 1978 . ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - FEBRUARY 7, 1978 MINUTES The Re~ular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on February 7, 1978, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilpersons present: Lachinski, McClure, Orttel, VanderLaan Counoilpersons absent: None Also present: City Attorney, Edward Babcock; City Engineer, Rex Stockwell; City Clerk, p. K. Lindquist; and interested residents. There was no comment in the Resident Forum Section of the meeting. Ap;enda Auuroval MOTION by Lachinski, Seconded by McClure, to approve the Agenda with the addition of Item 5g, Bridge Replacement; Item 9h, Horsemen's Council; and Item 9i, Landfill Discussion; and to revise the order to take up Item 8b, Volunteer Fire Department, first. Motion carried unanimously. Volunteer Fire Department Vic Evans, Fire Chief, requested confirmation for the positions of Fire Chief (Vic Evans), Assistant Fire Chief (Bob Peach), and Fire Marshall (Dick Lundeen). Mr. Evans noted for this first election many of the members were not familiar with one another. People nominated themselves and explained why they wanted the position. Since this is the first election, there is very little fire-fighting experience, as the training and experience will be developed through this next year. He felt the next election will be more representative of experience and knowledge. Mr. Evans also noted there will be other officer positions, captains and lieutenants of companies, etc., which have not yet been chosen. MOTION by Orttel, Seconded by Lachinski, that the City Council confirm the list of elected officials in the Fire Department as follows: The Fire Chief, Paul Evans; Assistant Fire Chief, Robert Peach; and Fire Marshall, Richard Lundeen; for the year 1978. Motion carried unanimously. In discussing Mr. Evan's memo to the Council of February 1, 1978, on issues arising from the Fire Department's request to incorporate, discussion centered around Mr. Evan's request that ownership of all equipment purchased by the incorporated firefighters be retained by the corporation, as he felt the maintenance and care of this equipment would be improved if the men felt that some of this equipment belonged to them. He stated the amount of equipment would only be a small number of firefighting equipment. Mayor Windschitl, Councft- person McClure, and Councilperson VanderLaan all expressed concern with this and felt that ownership of any firefighting equipment purchased by the non-profit corporation of fire- fighters should be donated to the City of Andover. Attorney Babcock also noted that if the firefighers incorporated under a benevolent association, as long as no City funds are involved, it would be the same as any other club in the City. There would be no relationship between the City and the incorporated fire- fighters, and he didn't think there was any legislation regarding the association owning that type of equipment. It was Councilperon Orttel's opinion that if any major piece of equipment Were to be owned by the incorporated firefighters, that the C~·s insurance would not cover it for property loss. Re also wondered about liability if the equipment is owned by someone else. . Re~ular City Council Meeting Minutes - February 7, 197~ ~p2 (Volunteer Fire Department, Continued) MOTIO~ by McClure, Seconded by vanderlaan, that any and all fire-fighting equipment, safety equi~ment, etc" used by the Volunteer Fire Department in the City of Andover be donated or title passed to the City of Andover such that ownership is within the City and ownership does not remain with the firefighting group incorporated, Motion carried unanimously, Discussion was also on the status of the incorporated firefighters with regard to open meetings and secret ballots, Mr, Evans explained the election of officers that takes place internally within the fire department is really a recommendation to the Council as to who they want to see in those offices, because it is the City Council's confirmation that makes it official, Attorney Babcock also stated it is the final action of the Council that really determines who those officers are, He also stated that incorporating for the purpose of liability at social functions doesn't necessarily require that this corporation be used for election of officers; this can be done at an open meeting not as a part of the corporation, Mr, Evans stated the group is the Municiple Fire Department at the weekly meetin~s, not the association, He felt the drills should be considered as a work session where it could be dangerous having other people at them, The Business Meetings On the fourth Wednesday are to be open meetings, Mayor Windschitl stated the meeting as the Andover Fire Department on the fourth Wednesday of each month has to abide by the open meetin~ rules, Discussion was then on Mr, Evan's request to allow Bob Muscovitz to attend the recruit fire fi~htin~ course sponsored by Hennepin County Voe-Tec, which would be during his normal work day in lieu of the Wednesday morning department meetings, The class is on Monday mornin~s from 9 to noon for 16 weeks, Four other people have signed for that class, and five people have enrolled in the Thursday night class, which runs from 7 to 10 p,m, All of the people, with the exception of Mr, Muscovitz, who is a City employee, are volunteering their time: however, he is a tremendously valuable person to have in the Department that that close, Mayor Windschitl felt it would be difficult to justify three or four hours out of a week for training for a city employee when everybody else is volunteering their time, Discussion was on the issue of having a salaried member, a City employee, on the Fire Department and the time allowed from the City for training sessions and, eventually, to fight fires, The Clerk also noted for the year 1978 there is no budget item allowed for salaries for the Fire Department, Should Mr, Muscovitz be allowed to attend training sessions, it would amount to roughly 10 ~ercent of his salary, which would have to be charged off to the Fire Department, As far as actually fighting fires, it could be considered as official City business, Mayor Windschitl suggested Mr, Evans find out if Mr, Muscovitz would be in a position to attend the training sessions on a volunteer basis and report back to the Council at the next meeting, Cedar Crest Third Addition - Parkland The Council referred to the Clerk's letter of January 19, 1978, to MAYBAN, Inc" regarding the engineering costs and delinquent taxes on the parkland on Lot 8, Block 4, Cedar Crest Addition, The Clerk was directed to make a determination when this would be forfeited for taxes. It was Mr, Babcock's opinion that the City did what was required of it and that it seems reasonable to have them pay for the results of their negligence and their failure to act, MOTION by Orttel, Seconded by Lachinski, that the Council direct the Clerk to proceed with the collection of the back taxes on Lot 8, Block 4, Cedar Crest Addition parkland, and file in Conciliation Court if necessary, Discussion: It was Councilperson Orttel's intent that they be sent a statement: if they do not pay it, then take them to Conciliation Regular City Council Meeting Minutes - February 7, 1978 Page 3 (Cedar Crest Third Addition - Parkland, Continued) Court. Noting that ths City has not paid the back taxes, Mr.Babcock questioned the validity of this action until the City pays the taxes. Councilperson Orttel suggested it might be better to go after the funds that they owe in order to record the deed as opposed to saying we are going to collect this for the County. We would be asking for the $364 in damages because of the fact that they gave us a deed that we cannot record. Mr. Babcock felt that the City should not go to Conciliation Court without having paid those taxes. If the City is not wanting to pay them now, we might explore abatement procedure, and finally go to Conciliation Court on the basis that Councilperson Orttel suggested. Councilpersons Lachinski and Orttel withdrew the Second and the Motion. The Clerk suggested she write them a letter at this time stating this will be given to our Attorney for legal action if not paid by a given date. Final Plst - Barnes Second Addition Faye Barnes, developer, noted there was an easement problem with Northern Natural Gas. They had a blanket easement on his farm. It has now been taken care of, but it couldn't be done within the 30 days of when the Council made the final approval on the Plat. The easements are now as they appear on the Preliminary Plat. MOTION by VanderLaan, Seconded by Orttel, entering the following Resolution regarding Barnes Second Addition: Whereas the City Council and the Planning and Zoning Commission are fully appraised of the current facts that relate to the proposed plat of Barnes Second Addition and that the gas line easemen~have now been modified to conform to the Preliminary Plat; and Whereas, no useful purpose would be served by requiring the developer to recommence the entire platting procedure; and Whereas, in this instance it appears unnecessary to resubmit the Preliminary Plat; Now be it resolved that any requirement for the resub- mission of the Preliminary Plat is hereby waived and the Final Plat of the Barnes Second Addition is hereby approved. (See Resolution R12-8) Motion carried unanimously. Variance - Quinlan Larry Retzlaff, Planning and Zoning Chairman, stated in looking at the property, which is 6 acres in size, at the nature of the land within the location, and at the availability of land available to get the 330 feet of front footage, the Commission recommended approval of the Variance under Ordinance 10, Section 14.01 and 16.03. The one descenting vote on the Commission was by Commissioner Kishel, who questioned whether or not the lot was a legal lot to begin with. Discussion was on the exact location of the lot, when it was recorded, and what contiguous land was avsilable to increase the front footage. Mrs. Pamela Quinlan stated there is no contiguous land available across the front to increase the frontage; the back of the lot abuts Green Acres; and the Quinlans have always paid the taxes on it as it was included in the total 40 acres. She noted the contract for deed, dated January 21, 197~ when the Quinlan's purchased it, was recorded on January 28, 1974, on the particular 6 acres in question. The entire 40 acres was purchased in three different pieces from the people who divided it up. The Quinlans are wanting to sell this 6-acre parcel to persons wanting to build a home on it; the sale is contingent on receiving this variance. MOTION by Lachinski, Seconded by Orttel, to approve the Quinlan Variance on the property described in the Planning and Zoning recommendation, from Section 14.02 of Ordinance lOB as it relates to Section 14.01 and 16.03: also, there was no public opposition and it is not detrimental to the area; also, contiguous property to provide additional frontage was not available. Re~ular City Council Meeting Minutes - February 7, 1978 Page 4 (Variance - Quinlan, Continued) AMENDMENT TO MOTION by VanderLaan, Seconded by McClure, that, in addition, the findings of the City are that the intent of the Comprehensive Plan is not compromised and the spirit of Ordinance 10 is also not compromised by this action. (See Resolution R13-8) VOTE ON AMENDMENT - Carried unanimously. VOTE ON MOTION - Carried unanimously. Recess at 8:58; meeting reconvened at 9:12 p.m. Councilperson McClure - felt that the Quinlan Variance would have been one case that would not have conceivably come up or created the problems for some of the people involved if Andover had an Ordinance requiring a statement. concerning the suitability for building on a lot. Variance - Weise Marjorie Weise noted the only use of this 50-foot strip of land is to enlarge the existing lot. Discussion was on when this became a lot of record and whether or not a variance is needed as no building is planned for this lot. The Certificate of Survey was dated 1967; therefore, they were 50-foot lots at that time, which is before our Ordinance was enacted. Ms. Weise stated at that time she recorded a lot division. It was Mr. Babcock's opinion that if these facts are correct, then no Variance is needed. The Clerk had not checked the recording date of this lot. MOTION by VanderLaan, Seconded by McClure, that the City Council direct the Clerk to check the recording date of the lot in question, the North 50 feet of the South 100 feet of Government Lot 1, Section 33, Township 32, Range 24, in Anoka County, Minnesota; sUbject to an easement for road purposes over the Westerly 33 feet thereof. If it is determined that the Variance application was unnecessary, the City will refund to Mrs. Weise the $25 Variance Fee. If it is determined that further action is necessary by the City Council, the Clerk will place it on the next regular City Council meeting's agenda. (See Resolution R14-8) Motion carried unanimously. Variance - Streich }~. Retzlaff noted Mr. Streich had previously applied for a lot split on this land, but it was denied because the area is zoned General Business. Mr. Streich has now returned reQuestin~ a Variance to split lot 13 in Watt's Garden Acres into two lots of 4.88 acres each, with a lot frontage of 327.9 feet. The Planning Commission has recommended approval of the Variance. Mr. Retzlaff also stated that even though the NSP power easement ~oes through the right parcel, they still have certain intrinsic property rights. There is 100 feet from the road right of way to the powerline, which leaves room to build. He stated the cost of the land is a financial burden to Mr. Streich, as he does not need that much land. Mr. Retzlaff continued, without being able to sell a portion of the land, Mr. Streich felt his business would not prosper to the extent that he would like it to. Mr. Streich is intending to place a body shop business on the Jay Street section of the lot and the parcel on Hanson Boulevard is to become another towing service. MOTION by Lachinski, Seconded by McClure, to approve the Roger Streich Variance in accordance with Ordinance 10, Section 17.01 and that the hardship would be basically the cost of platting the property, and there would be no significant difference in the outcome; and thæ the Variance would not adversely affect the adjacent property owners or the Comprehensive Development Plan or the spirit or intent of the Ordinance, and there was no public opposition. (See Resolution R15-8) Re~ular ~ity ~ouncil Meetin~ Minutes - Pebruary 7, 197A Da~e 7 (Variance - Streich, Continued) VOTE O~ MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-Vanderlaan Motion carried. Jµtj~ ~,~ Councilperson Vanderlaan - Indicatin~ no significant difference in the outcome of a platting procedure would be incorrect in dealing with any Variance.i~hat platting addresses and ~n explores many areas of the property that simply metes an Aconveyances do not. Variance - Heil Mr. Retzlaff stated the Plannin~ and Zoning Commission recommended approval of the VarianÅ“ Reouest of Mr. Heil in Hartfiel Estates Addition. The intent of the Variance is to _salvage two structures that are currently on two different parcels of land so that Mr. Heil can retain ownership of Tract B, a Zt-acre parcel, and the structures. He wants approximately 50 feet of lots 5 and 6 added to his zt acres and the combine lots 5 and 6 into one lot. Ken Heil stated the address on the piece of property he is trying to sell (the combination of lots 5 snd 6) is 1450 Andover Boulevard and the driveway is off Andover Boulevard. When the lots were platted, they took no care in positioning the property lines. Right now the west property line of lots 5 and 6 are closer than the minimum allowed to the buildings he is trying to retain. With this relocation of the property into one lot, the structures will be over 10 feet away from the lot line. In the discussion with the Council on the fact that combining lots 5 and 6 would be creating an illegal lot per our Ordinance, Mr. Heil stated at the present time there are 6 lots along there which are 100 feet wide and 167 feet deep. By combining lots 5 and 6, there is more front footage, 117 feet on Andover Boulevard; and it would be ZOO feet deep. So this one lot would be bigger than any of the individual ones. Discussion was on whether or not the County will accept the recording that combines two platted lots. It is Mr. Heil's intent that there woUH be no more buildings built on this parcel as there is already a house on lot 6. Mr. Babcock stated a possibility would be to grant a Variance conditioned on the landowner filing a convenant that will run with the land that will state that the east 117 feet of lots 5 and 6 will always be conveyed as one parcel and that they cannot be divided and that the other two 50-foot strips will be conveyed with Tract B and that they will never be conveyed separately. Mr. Heil stated he would voluntarily put a convenant on that will run with the land. He has scheduled a closing on the sale of lots 5 and 6 for March 1, snd the VA will not act on their loan application until the correct legal description is obtained. Mr. Heil also stated there would be only one abstract for Tract B. Discussion continued on the fact that this solution still leaves the situation existing of giving sanction to a creation of an illegal lot and on the legality of splitting off the 50-foot strip from lots 5 and 6 to be jOined with Tract B. It was agreed to postpone action on this to allow the attorney time to investigate this further. MOTION by Vanderlaan, Seconded by Lachinski, that the City Council request of the City Attorney to provide additional comment on the Variance for Ken Heil. Discussion: Councilperson McClure objected to the fact that no date was requested by which the Attorney should respond. Mr. Babcock stated he would have this for the next Council meeting. VOTE ON MOTION: YES-Lachinski, Vanderlaan, Windschitl; NO-McClure, Orttel Motion carried. . . Regular City Counell'Meeting Minutes - February 7, 197B Page 6 Bridge Renlacement - Engineer Mr. Rex Stockwell presented the set of plans for the propoaed replacement bridges on South Coon Creek Drive and Prairie Road. The plans for the bridge on South Coon Creek Drive include roadway plans, right-of-way plans, and the final bridge plans. Approval has been received for the pre-stressed concrete bridge for South Coon Creek Drive. Approved right- of-wav nlans are forthcoming as soon as the final corrections are made and approval received on the final bridge plans. Mr. Stockwell recommended the Council authorize the City Attornev to proceed with the acquisition of the right of way for the bridge. The proposed right of way would be l20-feet wide and about 900 feet long. Mr. Stockwell also noted the City has received an approved right-of-way plan for the Prairie Road replacement bridge from the State. At this point, all approvals have been received; right-of-way acquisitions now need to be made. TKDA is planning to advertise both bridges as one construction project. Discussion was on the concern of the Council that the bridgs on Prairie Road would not be tied into the road until roadway construction is done, estimated to be done in 1979. Concern was expressed that the bridge should be tied into the road immediately to make the bridge usable. Mr. Stockwell felt the biggest problem with that would be there would be considerable fill involved, which would have to be purchased now; where if it were done during the roadway project, fill would be obtained from the project at no extra charge. Councilnerson Vanderlaan requested Mr. Stockwell report to the Council whether tying the Prairie Road replacement bridge into the existing roadway would require additional MSAH funds, what'wou1d it cost to provide some kind of approaches to that bridge to allow it to be usable, referencing original plans and what was originally intended, tying in the MSAH program as intended for that particular stretch of roadway. Winslow Ho1asek agreed that if the bridge is going to be built, it should be usable. He also felt the Council should be making use of the Road Improvement Committee to get recom~ dations from them before making these kinds of decisions. Mr. Stockwell and the Clerk win work together to renort to the Council a review of the original project intention and what it would cost to tie the bridge to the road. MOTrO~ by Vanderlaan, Seconded by McClure, that the City Council request the City Attorney to nurchase property on behalf of the City for the construction of the bridge on South Coon Creek Drive roadway, reference P19B-10B-Ol. Motion carried unanimously. Establishment of Sewer Fund MOTrO~ by Orttel, Seconded by McClure, introducing the following Resolution: A Resolution Establishing a Sewer Fund for the City of Andover...(estab1ishing an individual balancing fund for these receipts and expenditures). (See Resolution R16-B) Motion carried unanimously. Planning and Zoning Commission - Midwest Planning Contract Attorney Babcock made the following changes in the contract: In the original contract, dated 12/7/77, Paragraph A2, the second sentence was clarified to: The work to be performed under this Section A2 is described as Tasks I through VII and Exhibit A. Midwest Planning is agreeable to this change. The second change: Eliminate the paragraph after C2. Midwest Planning is also agreeable to this change. Discussion was on Paragraph F3: Since a municipality cannot be charged over 7 percent interest, Mr. Babcock suggested deleting the last sentence of that paragraph as stated in the new contract. MOTrO~ by Ortte1, Seconded by Lachinski, that the City of Andover enter into a contract as revised on 2/7/78 with Midwest Planning for professional planning services and the Council authorize the Mayor and Clerk tosign the same. Motion carried unanimously. , , Re~ular City Council Meeting Minutes - February 7, 1978 Pe~e 7 Resident Communication Committee Jeanine Pyron, Resident Communication Committee, recommendàd combining the City Newsletter with the Community Education Newsletter, thereby saving a large amount of time and ex- pense on the part of the City. She recommended a four-page newsletter; three pages devoted to community news, one page to community education information; that it be done on a quarterly basis for a cost to the City of Andover of approximately $123.75 versus the $280 we are presently paying to put out the newsletter per mailing. The newsletter will be mailed postal patron to everyone in the City. Next year, if the City and Council desires, six pUblications could be put out. Ms. Pyron felt the next newsletter could be mailed out the beginning of March. MOTION by Orttel, Seconded by McClure, that the City of Andover enter into an agreement with the Community School Program for the publishing and distribution of the City of Andover Newsletter and Community School Newsletter with the split in cost to be 75 percent for the City of Andover, 25 percent for the Community School. Motion carried unanimously. Aunroval of Claims MOTION by McClure, Seconded by Orttel, to approve Claims Numbers 1636 through 1687 for an amount of 530,026.78 from the General Fund, and from the 1976/1977-1 Improvement Funds, Checks Numbers 213 through 216 for $98,735.24. Motion carried unanimously. MOTION by Lechinski,'Seèonded by Orttel, to adjourn. Motion carried unanimously. Meetin~ adjourned at 11:21 p.m. Respectfully submitted, \i:ì\~~~,~ ~~...~L I )l( Marcella A. Peach - Recording Secretary 1]/1 0 n}~ '~l l. .' " , - \