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HomeMy WebLinkAboutCC September 19, 1978 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 19, 1978 (AGENDA I. Call to Order - 1k;30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearings - None 5. Legal and Engineering a. Johnson's Field - Preliminary Plat b. Cunningham Addition _ Final Plat c. R. Erikson - Variance d. Kal1ec Addition - Preliminary Plat e. Midwest Planning Bill - Condemnation , f. Conveyanceof Illegal Parcels eg. Easements - Meadowcreek Estates 6. Ordinances and Re solutions a. Resolution - Fee Schedules b. Ordinance No. 37 - Amendment 7. Petitions, Requests, Communications . a. Abatement of Late Charges -Sewer 8. Reports of Officers, Boards Committees a. Planning and Zoning Commission , b. Park/Recreation Commission - Compo Park Plan 1) Crooked Lake School Property c. Volunteer Fire Department d. Road Committee - Sea1coating e. Personnel Committee 9. Unfinished Busines s a. Policy - Weed Cutting b. 10. New Business a. Anoka Hennepin District #11 - Advisory Committee b. II. Approval of Minutes . 12. Approval of Claims 13. Adjournment . . ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 19, 1978 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on September 19, 1978, 7:30 p.m., at the Andover City Hall, l6B5 Crosstown Boulevard }nV, Anoka, Minnesota. Councilpersons present: Lachinski, McClure, Orttel, Vanderlaan Councilpersons absent: None Also present: City Attorney, William G. Hawkins; City Engineer, John Davidson; City Clerk, p. K. Lindquist; and others Agenda Approval MOTION by Orttel, Seconded by McClure, that the Agenda be approved as published with the addition of the following items: Item 5f, Conveyance of Illegal Parcels; Item 5g, Easements - Meadowcreek Estates; Item 5h, Changes to Agreement with Architectural Firm - Public Works Building; Item 7a, Abatement of Late Charges - Sewer; and Item 8b2, Community School Report; and the Deletion of Item 5a, Johnson's Field - Preliminary Plat. Motion carried unanimously. Cunningham Addition - Final Plat Mayor Windschitl read a letter dated September 18, 1978, from Jim Hane, agent for John L. Cunningham, requesting an additional six month~ extension of time for "meeting requirements for approval of the plat. The Clerk testified this letter was hand delivered to the City Office on September 18 by Mr. Hane. Discussion was that there is $90.91 in expenses due on this plat. Attorney Hawkins felt the Council could make the payment of this expense a condition of the extension, as we do have the authority to make him pay for it under the Escrow Ordinance. MOTION by Orttel, Seconded by McClure, that the Cunningham Addition be allowed a 6- month extension, to March 19, 1979, for the filing of the Final Plat contingent on the developer paying those escrow amounts that are in arrears within 10 days, that being September 29, 1978. Motion carried unanimously. "Roger F.rickson - Variance MOTION by Vanderlaan, Seconded by Orttel, submitting the following Resolution: A Resolution approving a Variance request by Roger Erickson to construct a garage on his property described as Parcel 1610, Plat 65922 ... (See Resolution RIOl-8) Motion carried unanimously. Kadlec Addition - Preliminary Plat MOTION by McClure, Seconded by Orttel, that the Council refer the Kadlec Addition Preliminary Plat back to the P & Z for further action. Motion carried unanimously. Midwest Planning Bill - Condemnation (Reference August 1, 1978, letter from John Burke relative to Midwest Planning's Invoice Number 12257) Attorney Hawkins explained that it was his and Mr. Burke's feeling that the use of a Planner was needed to layout the potential development of the Caswell property, which was a key issue of the lawsuit. Midwest Planning was contacted, and Mr. Licht gave the Quote of $750 to $1,000 over the phone. He drew sketches and revised them, spent time with Mr. Burke, and testified in court. The bill is for $1,700, which Mr. Hawkins felt Regular City Council Meeting September 19, 1978 - Minutes Page 2 (Midwest Planning Bill - Condemnation, Continued) is excessive regarding the amount of time spent on the case and also in relation to the quote given prior to beginning work. The Attorneys were proceeding on the quote given prior to the work; and if they would have known it was going to be $1,700, they certainly wouldn't have engaged in that type of activity. MS. Lindquist stated the reason no firm amount was made in writing is that Mr. Licht stated it was only an estimate and no exact dollar amount could be given. She informed Midwest Planning prior to the quote that the City's policy is that she could not authorize ~ore than $1,000 without City Council app~oval. She stated in talking with Mr. Licht about the bill, he indicated that the a~ount is not negotiable. Discussion was on se~vices provided and on the next course of action. General consensus was that because staff has tried to negotiate, the Council wishes it conveyed to Midwest Planning that inasmuch as they provided an estimate of $750 to $1,000 for these services, the Council is in a position to authorize a maximum of $1,000 for the services. If Midwest Planning disputes that, then the burden of proof is on them. Conveyance of Illegal Parcels Council discussion was on the problem of illegal pa~cels per City Ordinance being conveyed by metes and bounds and the County Auditor's Office not informing the City of them. Attorney Hawkins felt that a new law passed by the 1977 or 1978 legislature gave the County the right to deny the recording of substandard conveyances. Attorney Hawkins was directed to research this further. F.asements _ Meadowcreek Estates }T. Hawkins noted the easements the City needs to acquire. These easements were acquired for no compensation. He noted that a pine tree on the Mundinger property has been removed; and prior to its removal, it was agreed that the City would pay $95 for it if it was damaged or destroyed. Mr. Davidson stated there is a problem in some cases with the slope easements in that some people do not want shrubs, trees, etc., disturbed. There is also a boulevard section that requires that the top of the curb be sloped back a quarter of an inch per foot slope to the property line and then slope up on those properties to give them a maintainable slope of not mae than three to one. It is impossible to work around there without creating a vertical bank in those locations. If the Council would choose, the standard street section could be deviated fro~ to provide at least 8 feet for snow storage behind the curb, then ~ake the slope within the City-owned boulevard; but it ~ay get so~ewhat steeper than the three to one backslope to maintain. This could be explained to those property owners giving them the choice of either a steeper slope or allowing them to build a retaining wall. If the Council wishes to retain the street standard of 12 feet of boulevard, it might ~ean condemnation. Council feeling was that whatever can be negotiated should be done and that possibly it would be best to inc~ease the slope rather than build a retaining wall. MOTION by Vanderlaan, Seconded by Ortte1, that the City Council accept the temporary slope easements as negotiated by Attorney Hawkins from the following property owners: Buttala, Adolphson, Mundinger, Emmerich Construction, and Maki; and also that the City authorize an expenditure of $95 for one damaged tree on the Mundinger property. These authorizations are involved in the construction of storm sewers and streets in the Meadowcreek Estates Subdivision. VOTE ON MOTION: YES-McClure, Ortte1, Vande~Laan, Windschit1; PRESENT-Lachinski, as he is a resident of Meadowcreek Estates. Motion carried. Regular City Council Meeting September 19, 1978 - Minutes Page 3 Changes to Agreement with Architectural Firm - Public Works Building Attorney Hawkins noted the following changes to the contract as revested by Bloomberg, Inc., for architectural services for biddable Plans and Specifications for the Public Works Building: 1) Section 1.19 _ planning survey, site evaluations -- amended to provide for only site survey and soil borings; 2) Last provision regarding the other conditions or services -_ language to be changed to provide in the event the architect is not the successful bidder, that Bloomberg can serve as a consultant at their option, providing services of shop drawings, making on-site inspections, and approving payments to the contractor. For that work, Bloomberg would charge 2 percent of the contract price. If they are the successful bidder, they would not serve in the consultant capacity at all; and 3) In the event there are any changes in the Plans and Specifications as prepared by t~~m at or after receipt of the bid, they are relieved of any liability after the date of the adoption of the change. MOTION by Orttel, Seconded by McClure, that the City enter into an agreement with Bloomberg Company Inc., Chanhassen, Minnesota, for the drawing of biddable Plans and Specifications for the Public Works Building as amended and presented to the City on 9/19/78 and authorize the Mayor and Clerk to sign the agreement. Motion carried unanimously. Resolution - Fee Schedules The Clerk testified she could find no record of any comments on the "repairs and alterations" provision, and that there has been no problem with it in the two years the Resolution has been adopted. She also reviewed the changes being made to the Permit 'Fees. It was determined that the Resolution will state that the fees apply to repairs and alterations which require inspections as well as installations. The building code sets forth what needs to be inspected. MOTION by McClure, Seconded by Orttel, introducing the following Resolution: A Resolution establishing permit fees and service charges to be collected by the City of Andover and amending the Resolution setting such fees adopted the 22nd Day of April, 1976 ... (See Resolution RI02-8) Motion carried unanimously. Ordinance No. 37 - Amendment Mr. Davidson reported that the Metropolitan Waste Control Commission will be holding a series of meetings relative to separate waste water control systems in the metropolitan area. There is a meeting in Anoka scheduled for September 26. The Anoka County Comprehensive Health Department has taken exception to another level of government becoming an enforcement agency for this type of rules and regulations. He offered his firm's services in attending these meetings in the City's behalf. MOTION by Orttel, Seconded by McClure, that the Council adopt Ordinance No. 37B, An Ordinance amerrling Ordinance 37 (AN ORDINANCE REGULATING THE INSTALLATION, CONSTRUCTION, ALTERATION, EXTENSION, REPAIR AND MAINTENANCE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS: P-EQUIRING PERMITS-FOR AND LICENSING OF PERSONS ENGAGED IN THE CONSTRUCTION AND SERVICING THEREOF:-PROVIDING FOR THE INSPECTION OF SUCH SYSTEMS AND THE ABATEMENT OF NUISANCES: PROVIDING FOR THE INSPECTION OF PRIVATE WATER SYSTEMS, AND PRESCRIBING PENALTIES FOR VIOlA TIONS TJE REOF: IN THE CITY OF ANDOVER, COUNTY OF MIOKA, STATE OF MINNESOTA.) Be it ordained and enacted by the City Council of the City of Andover: The following section of Ordinance 37, adopted August 3, 1976, be amended to read as follows: SECTION 2. (E) 7. Maintenance c. Each property owner shall complete the maintenance report of his on-site sewage disposal system and submit the form by September 1st of that year. The City requires Regular City Council Meeting September 19, 1978 - Minutes Page 4 (Ordinance No. 37 - Amendment, Continued) that each property owner has his on-site sewage disposal system pumped as often as required by inspections, as stated in Section 2, Subsection 7 d. Failure on the part of the property owner to haw an on-site sewage disposal system cleaned when said system is found to require cleaning shall be cause for the City to provide for the cleaning service and provide the property owner with an advance notification of the date the system will be cleaned. The cost of this service Shall be assessed to the property owner. Adopted by the City Council of the City of Andover on the 19th Day of September, 1978. VOTE ON MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-VanderLaan Motion carried. Councilperson VanderLaan - Ordinance 37 was passed in the sincere attempt by the City Council of··the City of Andover to protect the health and safety of the residents of Andover. In making this change, the City is taking a step backward in its prior progressive attempt to enforce good maintenance practices of on-site sewer systems. Abatement of Late Charges - Sewer Ms. Lindquist explained the Post Office assumed they delivered the bills and gave· no explanation as to what might have happened. The bills are not in the Anoka Office, which is where they were mailed. There are entire blocks that did not receive the billing. There are about 30 residents who would not be assessed the lab charge for the July billing only. MOTION by Orttel, Seconded by Lachinski, that the late charges assessed for the late payment of sewer bills billed the First of July be deleted. Because such a great number of people called and stated they didnot receive bills, it is very likely there was a problem in the receiving of the bills by the people. (See Resolution R103-8) VO~ ON MOTION: YES-Lachinski, Orttel, VanderLaan, Windschitl; PRESENT-McClure, as he was one of the people who did not receive the July sewer billing. Motion carried. Policy - Weed Cuttinp, (Reference TKDA letter of September 18 and Attorney Hawkins letter of September 11, 1978, on weed cutting responsibilities) Mr. Dayidson reviewed his letter to the Council stating that the contractor did comply with MNDot specifications regarding the seeding of the boulevards on Prairie Road. He noted the seed used was Class 3, which is determined by the time of the year it is seeded and which did not include any white clover. He also explained that the City only paid for that seed which was actually seeded and mulched, and those areas that had natural growth already existing were not disturbed. Therefore, the weed growth that has taken place is that which is natural to the environment. The Clerk stated that to date the City has cut weeds along the boulevards in the same manner that the County does, which is only one width. She explained that Mr. Sowada, Senior Public Works Person, checked with five surrounding municipalities, and all except one normally cut only one swipe. One municipality does do the backslope at the request of the property owner. Council discussion was on whether a City policy regarding weed cutting be established and what that policy would be. MOTION by Orttel, Seconded by McClure, that the matter of drafting a policy for weed cutting along the City thoroughfares be referred to the Road Improvement Committee. Motion carried unanimously. Regular City Council Meeting September 19, 1978 - Minutes Page 5 ~anital Imnrovements Committee _ Sealcoating Councilperson Orttel reported the Capital Improvements Committee reviewed the report by TKDA regarding a sealcoating program and discovered that there are some streets in the City over two years old that have never been sealcoated. The CIP felt there are some funds available at this time to do these streets. Discussion was on the TKDA report on sealcoating -~ Mayor Windschitl requested that Mr. Davidson categorize which streets should be done in a given year. Mr. Davidson explained and recommended the City adopt the sealcoating program of surface rating which provides a better level of maintenance by sealcoating. It was Mr. Davidson's opinion that due to tbe lateness in the year and the unpredictability of the weather, that the sealcoating not be done this year but postponed until next season. Councilperson Lachinski stated the Road Improvement Committee has been investigating a sealcoating program and is in basic ap,reement with Mr. Davidson's suggested program of surface rating. He suggested the Committee review the City's sealcoating policy further, possibly doing an analysis of setting up some assessment policy for sealcoating. Consensus was that the Road Improvement Committee should investigate a sealcoating policy for the City, as to whether it should be on the specific streets sealcoated every so many years or on a surface rating program, and to work through the City Clerk with the Engineer as needed. Recess at 9:10; reconvene at 9:20 p.m. Planning and Zoning Commission Report Commission Chairman Larry Retzlaff requested the seventh member of the Planning Commission be appointed. The Clerk will place an advertisement for the position. Discussion was also on the status of the Ordinance revision. Since the City's moratorium expires in October and cannot be renewed, ~~. Retzlaff stated it is the Commission's intent to reZone on an interim basis areas outside the urban service district into an ?-l configuration and have pre-existing uses in those areas that are smaller. He acknowledged that time is a factor. Attorney Hawkins stated that for a rezoning, if the area to be rezoned is less than 5 acres, notice must be sent to property owners; if it is over 5 acres, only a notice in the newspaper is required. Mr. Retzlaff noted the Commission will work with Mr, Hawkins and report back at the next City Council meeting on the progress on this item, ParklRecreation Commission - Crooked Lake School Property Nancy Hageman, John Carow, Elliot Perovich, Jim Stewart, and others represented the Advisory Council to present the master plan for the landscape design for the improvement of the grounds at Crooked Lake School, and to explain why it was developed, its finances, the possibility of federal funding, and its implementation. Mr, Carow reviewed the findings of the Advisory Council relative to the need for such a recreational area in this location and highlighted the suggested plan as to the location of the various recreational areas, nature center, etc. Ms. Hageman also reviewed the estimated costs and fundings, suggesting completion of the project on a four-year basis for a total estimated cost of 594,000. Mr. Perovich, Chairman of the Metropolitan Open Space Recreation Committee which works with grant applications, explained that Lawcon grants provide up to 75 percent on projects up to $134,000, and explained that the City can re-apply for the same project for two or three consecutive years. Application for Lawcon grants would not be made until next summer. He explained how the grants are prioritized and noted other sources of grant monies available. Ms. Hageman also Regular City Council Meeting September 19, 1978 - Minutes Page 6 (Parkjrrecreation Commission - Crooked Lake School Property, Continued) explained that the School District and the City would enter into a Joint Powers Agreement in which the City would be responsible for 60 percent of the expenses not covered by grants (a minimum of approximately 514,000 over a period of 4 years), the School District responsible for 30 percent, and the sponsoring organization, the Advisory Council, respasible for the final 10 percent. Discussion was that the CIP has made a recommendation for monies expended for parks and recreation over the next five years; the accuracy of the estimated costs and what factors were taken into consideration when arriving at the costs; that because the 5-year CIP plan and the 1979 budget have not been adopted, the availability of monies from the City's budget is not yet known; and that the Park/Recreation Commission has not set the priority of this project versus developing a City-owned park in the vacinity; that at this point possibly more monies should be allocated to developing recreational facilities in the northwestern portion of the City as little money has been spent in that area thus far. Mr. Stewart felt the only limitation there would be to using the school facilities would be in the facility itself and that it would be a community facility after school hours. The school would be doing the scheduling according to the desires of the community. MOTION by Orttel, Seconded by Windschitl, that the City Council endorse a concept as proposed for the playground park site improvement at the Crooked Lake School; however, that the Council would reserve their decision on the financial aspects until such time that further studies provide the necessary information needed for such a decision. Motion carried unanimously. MOTION by Windschitl, Seconded by Orttel, to direct the first-year funding of the park development of Crooked Lake School to Park/Recreation Commission for consideration of their 1979 budget. Motion carried unanimously. Volunteer Fire Deuartment Discussion waS on the specifications for the two fire vehicles, a pumper and a tanker/ pumper, to be advertised for bids. The Clerk was directed to prepare the notice for bids, and Fire Chief Evans will investigate the possibility of advertising for bids in some fire publications. Mr. Evans also informed the Council that the specifications were drafted by himself and a Committee of Andover firefighters with recommendations from two equipment manufacturers, four fire chiefs, and State instructors. MOTION by Orttel, Seconded by McClure, offering the following Resolution: The City Council, City of Andover, hereby resolves specifications for pumper truck and equipment and for a tanker/pumper truck and equipment as prepared by the Fire Chief are hereby accepted and the City Clerk is directed to advertise for pUblic bids pursuant to law with said bids to be opened on October 24, 1978. (See Resolution RI04-8) Motion carried unanimously. Anoka Hennepin District #11 - Advisory Committee Jim Stewart acknowledged that the City of Andover had not signed the original Joint Powers Agreement. He therefore suggested that the Mayor send a letter to the School Board supporting the changes that are being suggested by the Advisory Council and that the Attorney and Council review the Joint Powers Agreement and take formal action on it. MOTION by Lachinski, Seconded by McClure, to direct the City Clerk to draft a letter for the Advisory Council, Anoka Hennepin District #II, in support of the changes to the Joint Powers Agreement for community education. Motion carried unanimously. Regular City Council Meeting September 19, 1978 - Minutes Page 7 (Anoka Hennepin District #11 - Advisory Committee, Continued) Mayor Windschitl, the present'representative on the Advisory Committee, explained that with Committee mèetings, etc., it has been impossible for him to attend the Advisory Council meetings. He recommended the Council remove him from the Advisory Council and appoint Phil Knutson to the position. Mr. Knutson is presently on the Council represent- ing Crooked Lake School. This position will be abolished on the Council; therefore, Mr. Knutson would now be representing the City Council. He is a resident of Andover; he does have the time to attend the meetings; and he is in education. Mr. Stewart ex- plained that Mr. Knutson is aware that any action taken by the Committee that has any effect on the City of Andover would be brought to the City Council before the Advisory Council takes final action. The Council also defines the responsibilities of the members. Mr. Stewart noted that Mr. Knutson is in the area learning center for the school district and has been on the Advisory Council for four years. Mr. Knutson has been interested and has been an objective member of the Council. MOTION by Lachinski, Seconded by McClure, that the Council remove Mayor Windschitl from the district-wide community education Advisory Council and appoint Phil Knutson. Motion carried unanimously. Fire Department MOTION by Orttel, Seconded by McClure, that the Clerk be directed to draft a letter to Control Data Corporation expressing the City's appreciation for the time that they have allowed their employee, Vic Evans, to spend in the development of the City's Fire Department and authorize the Mayor to sign the letter. Motion carried unanimously. Approval of Minutes August 30, 1978 - Correct as written MOTION by Orttel, Seconded by McClure, for approval of Claims 0016G through 2021 and Claims 2023 through 2082 in the amount of $136,758.29. Motion carried unanimously. MOTION by McClure, Seconded by Orttel, to adjourn. Motion carried unanimously. Meeting adjourned at 11:20 p.m. Respectfully submitted, ------~ '- \ \ , , ,.. --~~-. k~ \ \ U..,',-. .' (j \. '___ C,- '" Çc 11/)',( I Marcèlls A. Peach Recording Secretary l- {'. :1/ ,t f,/ (I ¡'¡