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HomeMy WebLinkAboutCC July 5, 1978 CITY of ANDOVER REGULAR CITY COUNCIL MEETING _ JULY 5, 1978 AGENDA I. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearings - None 5. Legal and Engineering a. Final Plans and Specifications / Bridges b. Final Plans and Specifications /Meadowcreek Road Improvement c. Award Contract/1978 Tennis Court d. Special Use Permit - Farrian e. Variance - Walters f. Road Acceptance/Olson g. Valley View Roads/Accept Plans & Specs h. Oak Hollow - Final Plat 6. Ordinances and Resolutions a. Sewer User Charges/Write -off 7. Petitions, Reque sts, Communications a. Beer License - Lions Club b. Kennel License - Ozzie's Kennels c. Junkyard Licenses 8. Reports of Boards, Officers, Committees a. Planning and Zoning Commission b. Volunteer Fire Department c. Road Improvement Committee d. Per sonnel Committee /Mileage Reimbur sement Policy 9. Old Business a. Engineer / Administrator 10. New Business a. Building Inspector Resignation/Interview Date b. Interview Dates: P&Z, P/R, Public Works Person 11. Approval of Minutes 12. Approval of Claims 13. Adjournment . . ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JULY 5, 1978 MINUTES The Regular Bi-MOnthly Meeting of the Andover City Council was called to order by Mayor Windschitl on July 5, 1978, 7:32 p.m., at the Andover City Hall, 1685 Crosstown Blvd. N.W., ADoka, M.irmesota. Councilpersons present: Lachinski, McClure, Ortte1, Vanderlaan Councilpersons absent: None Also present: City Attorney, E.P. Babcock; City Engineer, Chuck Wetzler; City Clerk, P. K. Lindquist; and interested residents Resident Forum Tom McCluskey, 14535 Round Lake Blvd.- asked why a meeting has not been set up between the Citizen's Committee regarding the Improvement of Co. Rd. 9. Mayor Windschitl informed him a meeting has been set for July 13, 1978 at 7:30 p.m. and the notice will be published in the Anoka Union. Agenda Approval MOTION by Orttel, seconded by McClure, to add Item 5g, 9b and lOb from the published agenda. Motion carried Ul1animous1y. Final Plans - South Coon Creek and Prairie Road Bridges Mr. Wetzler stated the plans and specifications for the two bridges have been completed and they are prepared to advertise for bids and requested the COUl1cil's approval and author- ization to advertise for bids. The bid opening would be July 28, 1978, 10:00 a.m., and then be presented to the Council at their August 1st meeting. Mayor Windschitl asked Mr. Wetzler if the grant money for the Prairie Road bridge was guaranteed. Mr. Wetzler said that was what he was told and he also Ul1derstands all the easements have been taken care of. MOTION by Vanderlaan, seconded by Orttel, introducing the following Resolution: City of Andover, County of Anoka, State of !Airmesota, Resolution approving Final Plans and Specifications for Bridge Replacement and Authorizing Advertisement for Bids...(See Resolution R73-8) Motion carried Ul1animously. Discussion: "Whereas, the City COUl1cil has received such plans"...the COUl1cil hasn't seen them. The Clerk said it would be proper to delete that sentence. Councilperson Lachinski asked if the final plans and specs were going to be on file at City Hall. Mr. Wetzler stated there will be two sets of plans on file. Questioned was whether both bridges included approaches. The plans were prepared by T.K.D.A.'s bridge department and Mr. Wetzler has not seen them. Final Plans - Meadowcreek Road Improvement Mr. Wetzler stated he did have these plans with him. They are ready to advertise for bids to be opened July 28, 1978, 10:30 a.m. and then be presented to the C0Ul1ci1 on August 1, 1978. There is a short piece of pipe shown on Heather and !!r. Wetzler was asked to check into this to see if it can be removed. Mr. Babcock stated there would be no legal problem in removing this pipe. --- - Regular City COlli. .1 Meet July 5, 1978 - Minutes Page #2 MOTION by VanderLaan, seconded by McClure, introducing the following Resolution: City of Andover, County of Anoka, State of Minnesota, Resolution approving Final Plans and Specifications for the Improvement of Bituminous Streets with Curb and Gutter for the West Half of the Southwest Quarter of Section 33, Township 32, Range 24, (Meadowcreek Addition) ...(See Resolution R74-8). VOTE ON MOTION: YES-McClure, Orttel, VanderLaan, Windschitl; PRESENT- Lachinski Motion carried. Councilperson Lachinski's present vote reflects the fact he is directly affected by the project. Discussion: If the short piece of pipe shown is for future extension, Council- person Lachinski feels it should be deleted. Attorney Babcock wanted authority from the Council on what to pay for the temporary easements. He assumed that 10% of $1,000.00 an acre would be the temporary easement price. The Council has been using the 10% figure so Mr. Babcock said he would proceed as before. Final Plans - South Coon Creek and Prairie Road Bridges Overlooked was the $900.00 easement payment on the LaFromboise and Konen property. MOTION by VanderLaan, seconded by Orttel, introducing the following Resolution: A Resolution Authorizing Payment for Easement Acquistion for the Construction of Prairie Road Bridge in the amount of $900.00 to Joseph M. & Ikllnie LaFromboise and James E. & Villa M. Konen...(See Resolution R75-8). Award Contract/1978 Tennis Court MOTION by McClure, seconded by Orttel, introducing a Resolution Accepting Bids and Awarding Contract for the Construction of Northwoods Tennis Courts. Discussion: Wes Mand, Chairman, stated the low bid came in approx. $4,000.00 over the estimated cost and preferred to bring it back to a full Commission for their recommendation. Motion and second withdrawn. MOTION by Lachinski, seconded by McClure, to refer the matter of the Northwoods Tennis Court back to the Park/Recreation Commission for their review and recommendation. Motion carried unanimously. Special Use Permit - Farrian This item is continued until the Planning and Zoning Commission acts on it. Variance - Walters Mr. Walters was not present, nor any representative from Planning and Zoning so this item is to be continued until later in the meeting. Road Acceptance - Olson T.K.D.A. has inspected and approved the road service and ditches on the 154th La. cul-de-sac and recommends the street constructed. This project was financed by Mr. Dehn. He needed a temporary turnaround to provide access to a five acre lot; the lot is 300 ft. in width as defined by City ordinance for cul-de-sac property. Mrs. Dehn stated she recorded the easement at the Court House one day last week. Attorney Babcock was requested to check the easement to determine if it was filed as a temporary or permanent easement. Council- person Vanderlaan stated there was always a question as to whether or not 154th La. was ever accepted by the City for maintenance purposes. The Clerk said it has been maintained for six years. Attorney Babcock commented he alluded to the Ron Smith case in his July 5th Regular City Council Meeting July 5, 1978 - Minutes Page #3 letter because he was under the impression that this was to be a permanent turnaround. Provisions have been made in the resolution for a quit claim deed and also a favorable title opinion. MOTION by McClure, seconded by Orttel, introducing a Resolution Accepting 154th Lane Cul-De-Sac as a City Street...(See Resolution R76-8). Motion carried unanimously. Final Plans - Valley View Road T.K.D.A. has recommended the Council's acceptance of these plans. Mayor Windschitl questioned whether or not our City Engineer would be doing the inspectioIBduring the construction period. Mr. Wetzler thought CED would be doing the inspections as they originated them. Although T.K.D.A. does have a copy of the plans, Mr. Wetzler has not reviewed them. tfuyor Windschitl stated he couldn't understand how T.K.D.A. could recommend something they are not inspecting. In the discussion that followed the following points were brought up: 1. Mr. Klenk has not signed the agreement and 2. CED's storm drainage plan does not seem to coincide with our Comprehensive Storm Drainage Plan. Attorney Babcock stated Article 3 reads ..."The City Engineer will inspect the construction by making periodic visits to the site to observe the progress and quality of the executed work and to determine if the work is proceeding in accordance with the contract plans and specifications - the developer shall notify the City Engineer prior to commencement of any construction as to the date when work will commence." MOTION by Orttel, seconded by McClure, to refer the Valley View Road Plans and Specifications to the engineering firm of T.K.D.A. for their reviewal as to their compliance with the City's Comprehensive Storm Drainage Plan. Sewer User Write-offs The Council received a memo which contained a list of people who have moved owing the sanitary sewer user's fee and have either left the state or left no forwarding address. A new policy has been initiated whereby the balance owing on the account for sewer service is listed on the assessment search in the hope that this will be paid at the time of closing. MOTION by Orttel, seconded by McClure, that the sewer user fees be written off as uncollectible as referenced in the memo from the Sewer Billing Dept. to the City Clerk dated March 28, 1978 and June 28, 1978. Motion carried unanimously. Beer License - Lions Club This is a temporary On-Sale Non-Intoxicating Malt Liquor License requested for July 15 and 16, 1978. The question at hand is the fact the Lions Club no longer carries an on- going liability policy so perhaps that portion of the lease should be changed. In the discussion that followed it was determined that portion of the lease refers to a little patch of ground where the concession stand sits. Mayor Windschitl asked Lions Club Members, Mike Eliason and Ted Buzzelli, exactly what insurance the Lions Club carries. Mr. Eliason stated they only carry insurance, which includes Dram Shop Liability, on tournament days. Counci1person Ortte1 looked over the certificate of insurance and stated under this particular policy, it covers the risks assumed at the time of writing the insurance and it also covers any risk assumed by the insured during the policy period. There is also a policy issued by Lions International that covers special events, however, this policy does not cover liquor. The Andover Lions Club has taken out a separate policy that does cover Dram Shop Liability. Attorney Babcock asked Councilperson Orttel if this Regular City Co\.!... .1 Meet ~ July 5, 1978 - Minutes Page #4 policy covers Dram Shop. He said he would have to look at the policy itself as the certificate of insurance is a standard form and does not spell this out. Dram Shop has to be a separate endorsement on the pOlicy. Mayor Windschitl noted that the ballfield itself is covered under the City insurance. Attorney Babcock was requested to review the present lease agreement and the insurance policy and make any needed changes in the lease agreement if there is found to be a conflict. The tournament is scheduled for July 15 and 16; the next regularly scheduled meeting is July 18, so Mr. Babcock was requested to call the insurance agent to resolve the liquor issue. Councilperson Vanderlaan said the lease agreement states in part that the City would once a year be furnished with an accounting of the special fund. The City Clerk stated she has not received one this year - Mr. Eliason said he would get it in. MOTION by Ortte1, seconded by McClure, that the Council grant a temporary On-Sale Beer License to the Lions Club for July 15 and 16, 1978 for a fee of $10.00 and that the issuance of the license would be contingent upon the signing of a new lease agreement and the resolving of the insurance issue to the satisfactory of the City Attorney. 1btion carried unanimously. Kennel License - Ozzie's Kennels Mr. Bayer has all the required licenses for each animal and there have been no complaints. MOTION by Orttel, seconded by McClure, that the City Council grant the kennel license for Mr. Bayer, the owner of Ozzie's Kennels, for a period of 12 months. Motion carried unanimously. Junkyard Licenses Harold Wilber, dba Wilbers - An inspection has been made and all requirements have been met for the second renewal. MOTION by VanderLaan, seconded by McClure, that the City Council approve the junkyard license for Harold Wilber, dba Wilbers, for a second renewal based on information from staff that requirements have been met per Ordinance #9. Motion carried unanimously. Recess 9:05 - 9:15 Gordon Wilson This is a smelting operation which melts aluminum material. The property is not visible from any street due to Heidelberger's 15' high tire piles and is enclosed from the east by another junkyard. Mr. Wilson has this property for sale and plans on moving by September 1, 1978. Mayor Windschitl questioned if there was some provision in the Ordinance to allow fencing to be waived. The Clerk stated 1œ. Wilson was willing to put up a fence but it would serve no purpose. It would be visible if the Heidelberger tires were removed: Whether or not this comes under the Junkyard Ordinance was discussed. It was decided it did fall into this category under metal reclamation. Mr. Wilson has been doing this for years so the operation is grandfathered in and does not require a special use permit. MOTION by Ortte1, seconded by Lachinski, that the City Council grant a junkyard license for the Gordon Wilson smelting operation because the property meets the requirements of Ordinance #9 and is entirely screened from public view and further add that the license is subject to Mr. Wilson maintaining continous screening of the property from public view. VOTE ON MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-Vanderlaan Motion carried. Regular City Council Meeting July 15, 1978 - Minutes Page #5 Councilperson VanderLaan feels it would be much wiser of the City Council, rather than accepting the fencing that is ther~ to demand strict compliance with the Junkyard Ordinance. They have been attempting to do that throughout the junkyard area and she feels this action does weaken the Ordinance. In an attempt to be farsighted, if the City Council does prevail in the clearing of the Heidelberger property, although the motion does make some provision for screening, she feels it is not particularly clear that the public interest will be served. Variance - Walters Mr. Walters nor Mr. Retzlaff were present. Mayor Windschitl stated he wanted to take up the Thad Walters variance and dispose of it, continue it to the next meeting, or act on it. Councilperson Orttel said he feels the Council should have a full explanation before acting on it. MOTION by Lachinski, seconded by Orttel, to continue the Thad Walters variance to the next regularly scheduled City Council meeting, July 19, 1979. VOTE ON MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-VanderLaan Councilperson VanderLaan feels the City Council has been supplied with sufficient information with particular reference to the June 13, 1978 Planning & Zoning Minutes and the copy of the variance application and supporting data from staff in order to allow the Council to make a judgment at this time. Volunteer Fire Department Chief Evans explained they found they did not need some items included in the $46,000 figure so the total will come in somewhere around $44,000. The items totalling $1556.00 are items they did not foresee at the time of the original $46,000 request. MOTION by Lachinski, seconded by Orttel, to authorize the purchase of the following equipment: 1. Metal cab for 6x6 - 2. Iklintenance free battery for CR tanker - 3. Three water level gauges - 4. Large dump for CR tanker - 5. Water pressure gauges for CR tanker - 6. Mirrors for 6x6 - for an amount not to exceed $1,556.00 which will be expended from the prior years surplus funds. VOTE ON MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-VanderLaan Councilperson VanderLaan's no vote reflects the fact she did not authorize the expenditure of $46,000 of surplus funds to the Fire Department. Chief Evans then asked for approval for his men to attend several fire fighting classes. MOTION by Orttel, seconded by Lachinski, to approve the attendance of six Andover firemen at the Hennepin Vo Tech fire fighting evening class, one Andover fireman at the Hennepin Vo Tee day class and one Andover fireman to attend the Grand Rapids Fire Marshal training school for a total amount of $248.00. Motion carried unanimously. Road Improvement Committee Lloyd Reimann stated the Road Committee decided to buy a used truck instead of a new one, so the figures are now as follows: Regular City COUl. _1 Meet. " July 15, 197$ - Minutes Page #6 1978 Streets/Highway Budget $19,000.00 New truck $26,500 (1977 surplus) Used truck 7,500- $19,000 19,000.00 $38,000.00 Mr. Reimann said he has heard the area of 174th & Blackfoot has another petition going for that area. In the lengthy discussion that followed, Mayor Windschitl commented that we would have to hire additional contractural help since Burt Kraabel just is not able to keep up. Mr. Reimann stated Burt claims if you give him a list such as shown on the second page of their June 19th meeting, he would be able to spend the money quickly. Mr. Kraabel gave the Road Committee an estimate on how much it would cost to improve the bad spots. The Road Committee then cut down on his estimates such as 3" of Class 5 instead of 4" in order to spread the money available as far as possible. Council- person VanderLaan asked if the list under item 11 of the 6-19-7$ meeting was in priority order. Mr. Reimann said it was and it was the Road Committee's intention to give this list to Mr. Kraabel and have him do what he can for the amounts listed. Mayor Windschitl disagreed with the order of priorities and cited Ward Lake Drive, S. Coon Creek Drive and 173rd Ave.- he did agree the 174th & Blackfoot should be the #1 priority, but his next would be 173rd. Councilperson Vanderlaan asked if these expenditures would bring the roads up to City standards and the answer was no, but it would improve the road to where it could be graded and maintained. Mayor Windschitl still contended that South Coon Creek Drive is virtually impassable. Mr. Reimann stated the City Engineer said the road is still being considered an MSAH road. The Road Committee doesn't want to spend alot of money on it. They are hoping to take the gravel out of the Meadowcreek project and spread it on the other bad spots. Councilperson VanderLaan suggested approving the smaller projects - on the substantial projects, perhaps some more engineering should be done and could be considered as an assessable project. Some of the criteria used in compiling the list was based on how bad they are and how much traffic they are getting. MOTION by McClure, seconded by Orttel, that the following maintenance improvements be performed in 1978 as best they can: 175th Ave. washout and blacktop problem $ 3,000.00 157th Ave. between Crosstown and Univ. Ave. Ext. 15,000.00 165th Ave. from 7th Ave. west 1/2 mile 7,500.00 161st between Co. Rd. 9 and Tulip 7,500.00 Bluebird St. low spot 400.00 Tulip at creek 1,700.00 Vintage low spot 400.00 159th (1/4 mile) 2,500.00 $38,000.00 Discussion: What about 174th & Blackfoot? Councilperson McClure stated he deleted this item on the assumption that they come through with the petition. The following change was made to the above motion...If the petition does not come through for the improvement of 174th and Blackfoot in the very near future, then the $5,000.00 should be allocated for this project which raises the total cost to $43,000.00. Mayor Windschitl asked where the money was going to come from. If we take this as it stands now, it comes to $50,500.00 - $43,000.00 for the road plus $7,500.00 for the truck. Motion and second withdrawn. Regular City Co~ _1 Meet - July 5,1978 - Minutes Page #7 MQTIONby McClure, seconded by Orttel that the following maintenance improvement projects be performed as follows: 174th & Blackfoot (induding manhole & drainage) $ 5,000.00 175th Ave. washout & blacktop problem 3,000.00 157th Ave. between Crosstown & Univ. Ave. Ext. 15,000.00 165th Ave. from 7th Ave. west 1/2 mile 7,500.00 161st between Co. Rd. 9 and Tulip 7,500.00 Bluebird St. low spot 400.00 Tulip at creek 1,700.00 Vintage low spot 400.00 159th (1/4 mile) 2,500.00 $43,000.00 If the residents of 174th & Blackfoot do not come in with a petition for improvement, then lower the 157th between Crosstown and University Ave. Ext. from $15,000 to $10,000 and spend the $5,000.00 on l74th & Blackfoot; the $10,000.00 would be spent along the west 2/3's of 157th. VOTE ON MOTION: YES-Lachinski, McClure, Orttel, VanderLaan; NO-Windschitl Motion carried. Discussion: Mayor Windschitl reiterated his earlier comments regarding Ward Lake Drive, South Coon Creek and 173rd. He feels the Road Committee's priorities are wrong, there are a substantial number of other roads that have problems making them impassable. Councilperson Lachinski stated part of the criteria the Road Committee was that you had to be driving on more than 1/2 mile on a totally unimproved road before being considered and this is the reason 173rd is the lowest priority. Ward Lake Drive has received some improvement over the yeamwhereas the above mentioned streets have not. Winslow Holasek, 1159 Andover Blvd. N.W. wanted to know the status of Prairie Road. It was supposed to be done Julylst and it is in worse condition now than it ever was. If he has to, at his own expense, he will hire an independent civil engineer and a private attorney. If it takes a law suit to get the roaœdone the way they are supposed to, he'll sue. Mr. Wetzler stated they are meeting with the contractor at 9:00 a.m., tomorrow, July 6, 1978. Administrator/Engineer Mr. Nervig has declined the position. MOTION by Lachinski, seconded by Orttel, to refer the entire matter back to the Personnel Committee. VOTE ON MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-VanderLaan. Motion carried. Assessor Costs Mr. Triggs has requested the City to furnish the assessing supplies. MOTION by Orttel, seconded by McClure, that the City Clerk provided the City Assessor with the supplies needed to complete the job. VOTE ON MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-VanderLaan Councilperson VanderLaan's no vote reflects the fact the Council approved the contract at a meeting she did not attend and she feels it is precarious to authorize supplies with- out a maximum dollar amount and by doing so, this does not give Council the maximum flexibility in weighing the contracts with the other applicants. It is her personal Regular City Council Meeting July 5, 1978 - Minutes Page #8 opinion that the Anoka County situation was better than going with this particular contractural service. Mayor Windschitl stated, for the record, one applicant was asking $11,900 and one was $8,500 so even if a few hundred dollars in supplies are spent, it is substantially less than any of the other bids, saving the City of Andover money. Building Inspector MOTION by Orttel, seconded by McClure, to accept the resignation of Mr. David Clough as Building Official for the City of Andover. Motion carried unanimously. Discussion: For the record, Mayor Windschitl said it is unfortunate that the City has lost a person that has the engineering background, the certifications for Building Official, Assessor and also Tree Inspector due to the handling of personnel matters that have taken place in the last month or two. It is also extremely unfortunate that we didn't use the man's talents that were available. MOTION by Orttel, seconded by McClure, to engage the services of Mr. Wally Skiba on a contractural basis at $8.00 per hour and appoint him temporary Building Official until a permanent replacement is hired. Motion carried unanimously. Interview Dates, P & z, P/R, Public Works Person, Building Inspector Mayor Windschitl thought it was unecessary to interview Don Jacobso~who has reapplied for a position on Planning and Zonin& since he has served as past chairman of the Commission - it would serve no purpose. MOTION by VanderLaan, seconded by Orttel, that the City Council interview Building Inspector applicants beginning at 8:45 p.m., Tuesday, July 11, 1978. Motion carried unanimously. At this time there has been 12 applicants who have applied for the Senior Public Works Person position. It was felt they should be screened ahead of time and 3 to 5 actually interviewed. MOTION by Orttel, seconded by McClure, to set July 25, 1978 at 7:30 p.m. as the date to interview Planning & Zoning and Park/Recreation applicants and allot 15 minutes for each interview, and also interview Public Works applicants at 20 minutes per applicant, also that the interview for Mr. Don Jacobson for the Planning & Zoning Commission be waived. VOTE ON MOTION: YES-Lachinski, McClure, Orttel, Windschit1; NO-VanderLaan Motion carried. Counci1person VanderLaan stated her only objection to the motion is that she feels regular procedure is not being followed in the waiving of the interview of Don Jacobson. MOTION by McClure, seconded by Lachinski to adjourn. Motion carried unanimously. Meeting adjourned 11:10 p.m. Respes)fully submitted: ~~<'~~~/ e Ellen Bakke