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HomeMy WebLinkAboutCC January 17, 1978 . . ~ 01 ANDOVER THE REGULAR CITY COUNCIL MEETING - JANUARY 17, 1978 MINUTES ~he Re~ular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on January 17, 1978, 7:30 p.~., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilpersons present: Lachinski, McClure, Orttel, VanderLaan Councilpersons absent: None Also present: City Attorney, E. p. Babcock; City Engineer,Rex Stockwell; Plannin~ and Zoning Chairman, Larry Retzlaff; City Clerk, p. K. Lindquist; and interested residents. 'Pestdent 'Forum nick Schneide~. 174~ Andover Boulevard - noted the assess~ng cost for 1978 is budgeted t" be U3,1l0. He questioned if it could be done by the County for 58,000, why did the C"uncil approve the cost of 51),110. He felt it was a misuse of the taxpayers money to spend ~~,OOO more for assessing. Mayor Windschitl stated the item was discussed at some len~th and a~reèd with Mr. Schneidsr. It was passed on a 3-2 vote. Councilperson Orttel explained he voted in favor of retaining the assessing within the City as it was not his impreesion that if we were to turn it over to the County that we would drop one of the positions in the City. Therefore, we would be paying the individual the same salary, only he wouldn't have the work to fill the job. This would amount to in addition to the 513,110, we would be paying the County an additional $8,000 to do assessing. Until there was a complete personnel reorganization, he felt it should be left as is. Councilperson Lachinski a~reed with Councilperson Orttel and noted then it would 'be questionable how we could cover whatever other duties were bein~ performed. He questioned whether all that money is being spent on assessing. With a proper administrator, he felt assessin~ could be done in the City for the same amount as the County can do it. ILwe find tbat that is not tbe case, then the entire situation has to be looked at again. Ms. Lindouist noted time cards are now being kept by the staff. Mr. Schneider - felt the diseased tree problem has never been controlled or stopped. There are nlenty of pe"ple lookin~ for deadwood and are willing to cut it down. Rather than snendin~ a l"t of money rem"vin~ trees, he wondered if the Council would give consideration to 8nen~in~ money on reulacing trees instead -- puttin~ trees on the boulevards, encourage restòents to plant, possibly subsidizin~ them for planting. Mayor Windschitl noted re- r"reststt"n was nart of the diseaseò tree bill passed in the last legislative session. At the meetin~ be attendeò, he was told in the open areas it was impossible to try to c"ntrol or contain it. He felt the City first has to look at getting the diseased trees cut down in the City's boulevards and right of ~ays. Where there are very few diseased trees, if they are removed promptly, the disease can be contained for a period of years t" allow the reforestation process to catch up. Mr. Schneider - agreed with the diseased tree ordinance, but didn't think the demand shoùd be that ~reàt,on residents making it a hardship for them. If you give them time, there are people looking for the wood. He stated after the bæ tles hatch, the wood can be cut up and stacked in the summer and fall and burned before the next spring. A~enda Approval - Mayor Windschitl su~~ested the items on the Agenda be taken in order and whatever is left at 10:30 p.m. be carried over until Thursday n1ght!s meeting. MOTION by Lach1nski, Seconded by Orttel, to approve the Agenda with the following changes: ~elete Item 5c, Final Plat - Barnes 2nd Addition; and add Items 5d, Easement Approvals; Rd, Road Committee; 9b, Budget Approval; 9c, Junkyards; 9d, Horsemen's Council; ge, Landfill; and lac, Meeting with Midwest Planning; and Item 10d, Attorney. Motion carried unanimously. Regular City Council Meeting January 17, 1978 - Minutes ~~2 Cedar Crest Additions - Storm Sewem - 4th Addition Mayor Windschitl questioned how this Plat is going to tie into the Comprehensive Storm Sewe~ system. Mr. Stockwell explained as part of the Comprehensive Sewor Plan, all of the R-2 area was looked at in the northwestern part of the City to eliminate having a little pond in'every development which would be costly for the City to maintain in the future and to be liable for. There are two alternatives to service the vacant land north of Cedar Crest Fourth Addition. One is to bring it through the Fourth Addition into the park pond with an overflow drainage into the Rum River. While the developer is doing work in that area, if the City considers this the most viable alternative, the City might want to consider oversizing the storm sewer pipe to provide an outlet for the undeveloped area north of there. The second alternative is running the storm water into the pond in the northern area, running it to where Blackfoot meets Aztec and then into Cedar Creek. For the cost of approximately $200, Mr. Stockwell would look at the comparison of the cost tor the second alternative versus the oversizing coste plus some additional pipe costa for the first alternative. He felt the developers of Cedar Crest should design their storm sewer drainage system first, however. Mayor Windschitl felt using the parkland as a holding pond was not a reasona~ e thing to do as the parkland is being dedicated for park purposes. It is the developer's problem to get his drainage and storm water handled. The Clerk noted the developers have established an eecrow account, but it 'is not substanUal enough to handle the costs of authorizing the ongineer to look into the problem. Attorney Babcock noted the developer would not be responsible for the costs of engineering the over- sizing of the drainage pipes in the storm sewer system. There would be no benefit to this developer; it would really benefit the developer to the north. Discussion was on why the City would consider the expense of oversizing the storm water system in the Fourth Addition at this time and how would the City be reimbursed for the expense of doing so. Mr. Stockwell stated the Comprehensive Storm Sewer Plan will be given tO,the Council within the next month. Councilperson Ortte1 stated that logically in the fOTseeable future the area to the north is not gOing to be developed into the size lots that need a conventional storm water drainage system. Any cost of oversizing would be tied up for that length of time until it is developed. He thought this particular development is the last of its kind for awhile -- an isolated case -- and possibly it should be treated as that and eliminate it from the storm drainage plan, He couldn't see investing the money, because once the City gets in that position, you almost have to encourage development to absorb those costs;'. and that is not the area we are trying to encourage development in, Councilperson Lachinski felt the main problem is how we finance the storm water development which needs to be developed rather than solving an isolated problem. Consensus was the developers should be responsible for eliminating their own water, which is part of Mr. Stockwell's normal review procedure on a plat. Cedar Crest Additions - Street Construction - 3rd Addition Mayor Windschitl explained the street in question is l75th for which informal bids were for $6,900, and there is a balance of $2,800 in the escrow account. Chuck Bankey and Horace Mayo were present to answer questions. Mr. Bankey stated it is their intention to construct l75th when doing the 4th Addition and felt it would be done for considerably less than what the bids were let for. Mr. Mayo stated the other question regarding the City Engineering fees, they had written the City asking for an,accounting of that fee and have never received a response. When they filed the Plat for the Third Addition, all legal fees were paid. Mr. Mayo felt when Regular City Council Meeting January 17, 1978 - Minutes Pap:e 3 " (Cedar Crest Additions - Street Co~truction - 3rd Addition, Continued)' the City changed engineering firms, the new firm did some of the work over, and he didn't feel they should have to pay for it. Mr. Bankey stated he wrote the note on the bottom of the invoice; the City does not have it in the files. Cedar Crest Additions - Park - 3rd Addition Lot 8, Block 4, of Cedar Crest Estates was dedicated as park area for the 3rd'Addition, A deed was given to the City; haever, it 'cou1d not be recorded because delinquent taxes were due on it. To date, ~364.72 taxes are due for the years 1972 through 1977. Mr. Bankey and Mr. Mayo stated they were.not aware there were de1inquént taxes and they do not believe they have received any delinquent tax notice. This particular lot was sold to another builder, then purchased back. Mr. Bankey recalled there were S40 to S50 back taxes due in 1972 but would check as to whether or not they were paid, as he thought they had been. To his knowledge, the taxes are current, as they paid every statement they received. Mr. Bankey and Mr. Mayo will investigate this further. The item is to be placed on the February 7 Council Meeting Agenda. Police Contract Ms. Lindqúist noted the contract is almost identical to previous years. Sho h"B talked with Mr. Chester, the Insurance Agent, who was to mail a letter today stating he is_in fdl a~eement with the contract as proposed. She noted in the contract, Number 7, the word "agent" is deleted and the word "Public Official" is substituted for the word "Officer". Originsl1y the County Attorney had agreed to name the City as additional insured in the County policy, but then changed his mind. The City was not informed as to why that change was made. MOTION:by Vanderlaan, Seconded by McClure, that the City Council authorize the Clerk and Mayor to sign an agreement between the County of Anoka and the Anoke County Sheriff and the City of Andover for a period of January 1, 1978, through December 31, 1978, for the purposes of police protection at a cost of ~83,656. Motion carried unanimously. Easement Approval MOTION by Ortte1, Seconded by Lachinski, that the Council authorizs payment in the amount of ~448.80 to the Niznick's, permanent and temporary storm sewer easements over Lot 8, Block 3, Red Oake Manor Fourth Addition, Anoke County, Minnesota, and also this amount is to include compensation for the loss of one tree and one 1i1ao bush on the property. Motion carried unanimously. Bever - Moving Permit Larry Retzlaff, Chairman of the Planning and Zoning Commission, stated the Commission has recommended approval of the moving permit as all proper documentation was submitted and letters have been forwarded from the Building Inspector and City Engineer. Approval is recommended on the contingency as explained in Mr. Stockwell's letter of December 23, 1977, on sanitary sewer hookup. Mr. Stockwell noted the petitioner will be responsible for all costs for the hookup be- ginning at the manhole. Mr. Bever is aware of this. At some point in time when the sanitary sewer line is extended, Mr. Bever will be given a stub as part of the project. At this time his service will be dropped down through the manhole. Mr. Bever has requested connection to the sanitary sewer at this time rather than construct an on-site septic system. Re~ular City Council Meeting January 17, 1978 - Minutes Page 4 (Bever - Moving Permit, Continued) Discussion was on whether or not this is a legal buildable lot. Mr. Retzlaff stated the Plannin~ Commission had not investigated this. Discussion was on when this lot was re- corded. If it was recorded prior to the date of the Ordinance, a variance would be needed as it does not meet the 60-percent requirements. Mayor Windschitl noted that several months ago Attorney Hawkins advised that even though it doesn't meet the 60-percent re- quirement, if he cannot purchase adjoining property, it would have to be declared a build- able lot. The proper procedure of either a variance or a rezoning request must be gone throu~h . Mr. Bever noted he has sold his house and needs Council action this evening or he wouldn't have enough time to move this house onto the lot. He did not know the date the lot was recorded but felt he could get that information by making a phone call. Council~erson Orttel questioned if this is the case, why is this provision in the Ordinance-- ~ossibly it should be taken out of there. Councilperson Lachinski questioned if any co~sideration was given to the driveway situation coming out onto a County road. Mayor ITindschitl stated the County would have to provide an access as it is an existing lot. Sto~ Sj~n - l40th/Crocus Street Former Mayor Schneider noted that he put in the stop sign in May of 1972 at the request of the residents along the road ID keep people from speeding down Crocus. !'.r. Stockwell stated the stop sign was removed during road construction. The construction company still has the sign. He was waiting for some direction as to what to do with it, as he received a memo from }~. Muscovitz about stop signs in Red Oaks and Northwoods suggesting no stop sign be put on Crocus. Winslow Holasek, Road Improvement Committee - noted Mr. Muscovitz is wanting to put stop si~ns on all roads leading to Crocus but not on Crocus itself. A member of the Road Committee also felt there should be one on Crocus. They are now discussing the possibility of installing yield signs rather than stop signs on all corners. Councilperson Lachinski also noted they are discussing putting more yield signs around the City rather than stop si~ns. MOTION by Windschitl, Seconded by Orttel, that the contractor be instructed to reinstall the stop sign at l40th and Crocus. Discussion: Councilperson Lachinski stated there was no resolution by the Road Committee of the problem; it is in a pending state at present" He saw no problem with putting it back the way it was to a point of adequacy. Whether or not it stays that way or not would be a matter of issue at some point in time in the future. Motion carried unanimously. Recess at 8:52; reconvene at 9:12 p.m. Rever - Moving Permit, Continued Mr. Babcock noted he just talked with the party selling the property to the Bevers. The abstract states that the conveyance came from her husband's parents as a gift and that the deed was recorded in 1967, which means it was recorded before the Ordinance was enacted. The procedure the Bevers must go through is gst a variance from the Planning Commission" MOTION by VanderLaan, Seconded by McClure, that the City Council recognize that Section 4.04, Lot Provisions of Ordinance 8, was overlooked in addressing the buildability of a lot belonging to Leslie Bever by the City; that the City Council approve a Moving Permit for the petitioner contingent upon the approval of a Variance pertaining to Section 4.04 of Ordinance 8 and that in addition, moving permit be contingent upon the applicant's compliance with the Andover Building Department requirements and those items set forth in a letter from Rex Stockwell dated December 23, 1977, regarding sanitary sewer i~stallation. Motion carried unanimously. Re~ular City Council Meeting January 17, 1978 - Minutes Pa~e 5 (Bever - Moving Permit, Continued) Discussion was on allowing the Planning Commission to review the Variance Request and the Council to act on it to give Mr. Bever the time he needs. He has scheduled the bassment to be dug on February 6 or 7. Mr. Retzlaff noted the item could be placed on the Tuesday, January 24 Agenda, and the Clerk noted variances do not need to be published. Discussion was that since Mr. Roth of the landfill operation has not yet provided the information requested by the Council for the Special Council meeting on January 19, that that Special Meeting be cancelled and the Council meet on January 26 to discuss remaining agenda items and to take up the Variance Request of Mr. Bever. MOTION by VanderLaan, Seconded by Lachinski, that the City Council cancel a prior scheduled meeting for January 19 at 7:30 for purposes of disnssing the sanitary landfill and hold a Special Council Meeting on Thursday, January 26, at the Andover City Hall at 7:30 for purposes of dealing with any agenda items left from the January 17 Regular Council Meeting left after 10:30 p.m. and that added to that agenda be the Leelie Bever Variance. Discussion was on rescheduling the discussion with the landfill operators, AMENDMENT TO MOTION by Lachinski, Seconded by McClure, to reschedule the meeting on the 19th to the 26, the reason to be because Melron, Inc., has not as of yet supplied the required documentation to adequately discuss that item on Thursday night. Discussion: Councilperson VanderLaan felt there was not enough time to deal with all these items and the Melron discussion at one meeting. VOTE ON AMENDMENT: YES-Lachinski, McClure, Orttel; NO-VanderLaan, Windschitl Amendment carried. VOT!': ON MOTION: YES-Lachinski, McClure, Orttel; NO-VanderLaan, Windschitl Motion carried. Plannin~ and Zonin~ Commission - Planning Consultant Contract Because of the change in City Attorneys, the contract with Midwest Planning had not yet been redrafted. Mr. Retzlaff is to meet with Midwest Planning in the morning and will deliver it to Mr. Babcock. Hopefully the issue couMbe resolved on the January 26 Council Meetin~. On page 6 of the contract, Councilperson Lachinski questioned the role of the Capital Improvements Committee in prioritizing capital needs of the City, Mr, Retzlaff stated it would be under the direction of the Capital Improvements Committee in conjunction with the Planning Commission. The purpose is not to circumvent the Capital Improvements Committee. Also because of the change in City Attorneys, Mr. Retzlaff and the Clerk noted there are several matters that need urgent attention by the City Attorney, Mr. Retzlaff also noted Council members have received a request to sign up for a time period to meet with the Planning Consultan, as he has agreed to begin work before the contract is signed. Discussion was that the Council felt more comfortable meeting with the Consultant after the contract is approved. Mr. Retzlaff stated he will reschedule the meetings for after the January 26 Council Meeting. park/Recreation Commission - Fill Sites Wes Mand, Chairman of the Park/Recreation Cpmmission, noted the fill mentioned from Columbia Heights was from projects during the winter where they have to dig out pavement and frozen ground that cannot be replaced in the holes. Columbia Heights is willing to dump a reasonable amount of fill, grade it out, and put top soil over it, Councilperson VanderLaan again raised the question of the guidelines the DNR and PCA have put on the particular amount of fill that can be added to an area, as the information she received was at odds with what was in the Clerk's memo. She noted in talking with Regular City Council Meeting January 17, 1978 - Minutes ~p6 (Park/Recreation Commission - Fill Sites) both agencies again that the PCA has legislative authority over this kind of activity and gUidelines of less than 60 days and/or 500 cubic yards are those which are used by the PCA. We may be talking about eventually allowing something in the City that results in the PCA having control over it and that we would be responsible for adhering to particular methods of dealing with this problem and particular maintenance of that site. She didn't feel the question has been properly researched as to the financial impact on the City. Further- more, Councilperson VanderLaan felt we had to reassess why we are doing this and what it means to the City. She felt events have occurred since that we may not want that particular fire truck because we have two additional old vehicles for the Fire Department. Do we really need that and what are we making the citizens of Andover go through to have this vehicle? She didn't think we can place this under the guise of securing something for our parks when there is question as to whether or not buildings can be placed on a site that has been improved ~n this manner. She ~lso felt we are not addressing the cover material -- where is it going to come from since Columbia Heights will not provide it? Mr. Mand assumed they would remOVe top soil, dump the refuse, and put the top soil back again, which would be desirable in certain areas. He had not checked but felt that most buildings in parks are put on floating slabs so there would be no problem. Councilperson Orttel didn't feel the truck was the major consideration and was of the impression that were there no truck involved, he would be very happy to see the City of Columbia Heights help us in the filling of oUr low parks because the parks accepted in the past are low and it is one of the most common complaints of residents. The cost of haUling it would be out of reach of our park budget and we can get Some very ·uSable parks for the residents of our City at no cost. He also felt if the PCA did have to come in, he had no fear of it. Discussion continued on having a written agreement and a time period with Columbia Heights. Mr. Mand understood it was going to be during the winter months only and assumed dumping would be done in the winter, and when it thawed in the spring, they would grade and level it out. He also stated it is still to be determined which parks are to be filled, possibly more than one dump site will be used. MOTION by Lachinski, Seconded by McClure, to allow the City of Columbia Heights to fill designated park areas within the City of Andover and to direct the Mayor and Clerk to enter into an agreement to implement same and provide for acquisition of permits by Columbia Heights and proper leveling and cover of disposal material. Discussion: G~uncilperson VehmerTßan questioned who provides additional fill for terminal cover if it is needed. Councilperson Lachinski felt possibly some time period be in the agreement; Columbia Heights is to provide the fill. The Clerk will draw up the agreement for review by the City Attorney. Councilperson Lachinski ADDED TO MOTION ~ Under the direct sunervision of the Andover City Staff and with the provision for periodic review. Second still stands. VOTB ON MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-VanderLaan Motion carried. Councilperson VanderLaan - My no vote represents my feeling that the Council authorized activity may be enviornmentally unsound and that it is improper of the Council to authorize this particular activity as noted by my comments previously contained in the minutes. Mayor ~indschitl - This is an attempt at trying to upgrade some of the unusable parkland that we've obtained in the City in prior yearsj that it was recommended by the Park Board; it was researched by the City Clerk, referencing Memo dated January 11, 1978; and that it is being done under a very controlled enviornment and should be of no detriment to the City. Regular City Council Meeting January 17, 1978 - Minutes Page 7 Park/Recreation Commission - CIP Committee Representmive MOTION by Orttel, Seconded by McClure, to approve the appointment of Wes Mand as temporary representative from the Park Commission on the Capital Improvements Committee. Motion carried unanimously. Volunteer Fire Department Reference memo of January II, 1978, from City Clerk. The policy of issuing burning nermite by the City Staff is to be left as is. Road Committee The Clerk noted if the Council wishes to close Tulip Street, aotion is needed to allow purchasing the signs. She stated streets can be temporarily closed for repairs. Council- ~erson Lachinski noted the Road Improvement Committee's recommendation in their memo, but questioned who owns the right of way. The Clerk stated the City owns the street by virtue of maintenanoe, but do not have dedioated easements. The oartway rights are now ours; and if we don't want to close the street, we would have to vacate it. Disoussion waS on the faot that the oulvert is not long enough, that it was never plowed in the winter previously but was maintained during summer months; and on the extent of the repairs needed. The item is oarried over until the January 26 meeting. Park/Reoreation Commission - Temporary Tree-Cutting Permit Mr. Baboock noted the changes he suggested: "Now therefore the undersigned volunteers to remove brush, timber, and deadfall...". "It is also understood that the undersigned..." Mr. Baboook felt eaoh person should sign for himself, but we can make the undersigned respon- sible for third parties who are injured. So if an agent is hurt, the person who signed this a~eement would be respcmsible for his injuries. He added they would also pay for any oosts inourred by the City in defending suoh claims. Disoussion was on the word "volunteers" and what liability this has for the City. Mr. Babcock reworded the agreement to say: "Now therefore the undersigned is granted permission to remove brush, timber, and deadfall..." Mr. Babcock also stated the City is not liable for the party cutting down trees off City property, and it is specifically stated any damage to live timber or park property will be paid for by the undersigned. MOTION by Orttel, Seconded by MoClure, that the Council authorize the cutting of trees from City properties subjeot to the agreement oonsidered on January 17, 1978, as revised by the City Attorney. Motion carried unanimously. MPS Seminar - Musoovitz In looking at the agenda for the Seminar, Mayor Windsohitl felt the benefit from a City standpoint is approximately two hours, and he didn't feel it was justified for taking the time to warrant someone going to it. Councilperson Vanderlaan felt benefit might be gotten and the assumption must be maè that the meeting is worthwhile. She also noted Mr. Musoovitz was given approval to attend the fall MPS meeting. Discussion was that there is no City polioy on attending such meetings; if a person is allowed to belong to an organization, are they going to be allowed to attend meetings? Other employees have been allowed to attend meetings, and we have no idea what is being discussed at those meetings. The Clerk noted that Mr. Musoovitz will be riding with someone else; it is simply a ~lO registration fee. - .. Re~ler City Council Meeting January 17, 1978 - Minutea Pap;e 8 (MPS Seminiar - Muscovitz, Continued) MOTION by VenderLaan, Seconded by McClure, that the City Council authorize the attendance of Bob Muscovitz to the Winter Meeting, January 20, in Rochester, Minnesota; that the City authorize the payment of the SlO registration fee. VOTE ON MOTION: YES-Lachinski, McClure, Orttel, Vanderlaan; NO-\Undschitl Motion carried. Meyor Windschitl - Didn't feel that the agenda was appropriate to spend City money on. Councilperson Vanderlaan - The Council unanimously approved the MPSA meeting attendance by Mr. Muscovitz in the fall of 1977. Mr. Babcock informed the Council he is intending to handle the City of Andover business end be present at Council meetings at the present time. The Council requested Mr. Babcock to present a written report on fee achedules and who would be performing work here to be discussed at the next meeting. MOTION by McClure, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 10:39 p.m. Respectfully s ubmi tted, \Ì\~-Q¥~ Marcelle A. Peach - Recording Secretary 111 '11/1 ( / -dP ~;\ \j L i , d . ,--