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HomeMy WebLinkAboutCC May 1, 1979 ~ o¡ ANDOVER REGULAR CITY COUNCIL MEETING - MAY 1, 1979 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearings - None 5. Legal and Engineering a. Caswell Appeal Litigation/Midwest Planning Billing b. Country View Estates Preliminary Plat c. Friday Lot Split d. Acceptance of Easement-Sikora e. Change Order-Public Services Building f. Metropolitan Council Report/Rum River Forest g. 6. Ordinances and Resolutions a. Uniform Fire Code 7. Petitions, Requests, Communications a. Mobile Home Permit - Scherer b. July Meeting Schedule B. Reports of Boards, Commissions, Committees a. Planning & Zoning Commission b. Park & Recreation Commission c. Volunteer Fire Department d. Liquor Study Committee e. Other Committees 9. Old Business a. 10. New Business a. School Board Election/Meeting Date b. CETA Summer Positions c. Street Maintenance Contract-Kraabel d. Street Sweeping 11. Approval of Minutes 12. Approval of Claims 13. Adjournment -, -- · - ~ o¡ ANDOVER REGULAR CITY COUNCIL MEETING - MAY 1, 1979 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on May 1, 1979, 7:33 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota Councilmen present: Jacobson, Lachinski, Orttel, Peach (arrived at 8:40 p.m.) Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineer, John Davidson; City Clerk, P. K. Lindquist; and interested residents Resident Forum Walter Vosika, 1414 Bunker Lake Boulevard - owner of 40 acres east of the landfill used basically for hay. Had plctures of the debris in his fields blown from the landfill. He explained that the plastic bags are of particular concern as they get caught in the machinery, become shreddeo . and there is no way to keep it out of the bales of hay. And he doesn't dare sell the bales of hay for fear cattle would choke on these pieces of plastic. He explained that three weeks ago he called City Hall and brought pictures of the debris. Nothing has been done about the cleaning. Mr. Vosika went on to say that he has not been able to get the operators of the land- fill to clean up the litter. He also complained about the height at the dump. Last year he was under the impression that the landfill would be closing soon. He has talked with Bob Hutchinson at the County, who advised him to talk with the Anoka County Commissioners and the Andover City Council as well. He has written to the County Commissioners and thought this will be discussed at their May 8 meeting. He asked for any help he can get to get the landfill to clean up the debris from his fields. Mayor Windschitl explained that the City of Andover has no control over the landfill itself, as it is controlled by Anoka County and the PCA. Attorney Hawkins felt that the City's ordinances covering litter and trash would apply in this case. Mr. Almgren should make an inspection of it and provide the Attorney with a report. The Attorney will then notify the corporation indicating if they do not comply, the City will proceed with prosecution. Mr. Hawkins will begin that process immediately. Council discussion was also on complaints received from residents relative to the hours the landfill is open for residential use and that residents are being charged in some cases. Concern was also that people are beginning to dump in various areas around the City when they can't use the landfill. It was suggested that possibly the Clerk could attend the County Commission meeting on May 8 to explain the City's situation or possibly the Council could meet with Mr. Hutchinson and County Commissioner Fields. Attorney Hawkins explained the contract drafted in 1968 with the landfill simply states they will comply with the ordinance of the Township and will permit residents to dump their household trash without cost. He will review this further and report back to the Council at the next meeting. Winslow Holasek, 1159 Andover Boulevard NW - asked when is the City going to do some- thlng about the ditches on Prairle Road, as it will be two years this fall and the ditches are not seeded and are eroding badly. The erosion is continuing into his field. He hasn't really looked at the rest of the road, just that adjacent to his land, as that is what concerns him most. He expressed disappointment that this has not been done and stated that the ditch banks are not tied down and seeded. Mr. Holasek also had pictures showing wind erosion of his fields and erosion in the ditches. He stated that the only thing that was seeded along most of the road was the in-slopes. None of the out-slopes have been seeded. Regular City Council Meeting May 1, 1979 - Minutes Page 2 (Resident Forum, Winslow Holasek, Continued) Mr. Davidson reported that to his knowledge there wasn't any work left to be done on Prairie Road. The ditches were either seeded or left with the natural vegetation. He stated that in inspecting the road this evening, some of the farmers are driving their equipment in the ditch areas and generally tearing it up. There are some minor deficiencies that will be taken care of under the one-year guarantee, and the ditches can be looked at at that time. Mayor Windschitl stated that all the washouts in Mr. Holasek's original complaint last year were all filled and any re-occuring problem can be covered under the one-year guarantee. Mr. Holasek disagreed and stated he can document it with pictures (referring to the filling of the washouts). There were some slopes that were never done. He again asked for a date when the City is going to see that the slopes have three to four inches of black dirt per the contract and seeded, tied down. Mr. Davidson stated that the contractor did everything per the contract. The contractor will not come in to spread three or four inches of black dirt over the entire ditch area. We did not have a contract to replace the street in the condition it was before we built the road. Mr. Holasek stated that less than half the ditch area abutting his land was seeded. Mr. Davidson stated he could not address exactly where the seed was placed, but that existing vegetation was not disturbed. The seed was a unit price contract, and we paid only for the seed used. If vegetation took place without seeding, they didn't waste seed in those areas. Mr. Holasek stated that specifically the ditches are not stabilized, and he wanted them seeded or sodded, and he doesn't want them washing. He stated the ditches are still in the same condition as last year and he wanted the Council to look at the ditch banks, specifically the out-slopes, as they are in deplorable condition. He also felt the Council should look at the blacktop itself as there are numerous cracks in it. In discussion with Mr. Holasek relative to the Council viewing the condition of the slopes, it was determined that the Road Improvement Committee could view it with Mr. Holasek on Monday evening, and that the individual Councilmen will also look at it. Mr. Davidson will also have a report at the next Council meeting. Agenda Approval MOTION by Lachinski, Seconded by Orttel, to approve the Agenda as posted with the following changes: Delete Item Sa; Change Item 8e to Road Improvement Committee; and Add Item 9a, Meeting with Schieffer and Carson. Motion carried on a 4-0 vote. Countryview Estates Preliminary Plat Mr. Tom O'Malley represented the developer. P & Z Chairman d'Arcy Bosell reviewed the Planning Commission's recommendation for approval of Countryview Estates Preliminary Plat, noting that since the Commission's recommendation the perk tests have been taken and were reviewed by the Engineer. The rates indicate that the soils are suitable for on-site spectic systems. It was also noted that a copy of the plat was not given to the Township of Oak Grove; however, it was published in the Anoka Union. Attorney Hawkins reported that the State Statute reads that copies of the Resolution approving the plat must be filed. The question of lot frontage on Lot 1, Block 5, was discussed; and it was noted that if measured at the tangent, it does meet the 300-foot requirement at the building setback line. Ms. Bosell stated that measurement from a temporary cul de sac has been done in the past. MOTION by Jacobson, Seconded by Lachinski, introducing a ~solution approving the Prellminary Plat of Countryview Estates in Section 4, Township 32, Range 24... (See Resolution R3S-9) Motion carried on a 4-0 vote. Regular City Council Meeting May 1, 1979 - Minutes Page 3 Friday Lot Split Chairman Bosell reviewed the Planning Commission's recommendation for approval of the Wayne Friday Lot Split located on the corner of Crosstown Boulevard and Prairie Road, noting that the legal description is in order and the parcels created meet the size requirements. Discussion was on the desirability of having additional utility and drainage easement across the most northerly parcel such that there would be enough easement should a normal intersection be created there in the future, as that is a very dangerous corner. Mrs. Friday stated she was sure her husband would be agreeable to dedicating an additional 42 feet of easement on that corner, which would then be 75 feet of easement as measured from the centerline of the existing roadway, Crosstown Boulevard. MOTION by Lachinski, Seconded by Jacobson, entering a Resolution approving the Lot Split request for Wayne Friday on Plat 65923, Parcel 10... (..require a Quit Claim Deed for the northerly 75 feet as measured at right angles to the centerline of County State Aid Highway No. 18 of the most northerly parcel for road and utility easement, with such deed to be in the name of Anoka County...) (See Resolution R36-9) Motion carried on a 4-0 vote. Acceptance of Easement - Sikora Steven Ma(, 1925 134th Lane - is interested in obtaining a building permit in the City of Ham La e. Discussion noted that the City is merely accepting the easement at this time and that there is no proposal to construct the road at this time. Also, the City of Andover will not issue a building permit on property unless the road is actually built. It was felt that the road stub that is there has been maintained for several years and that this probably has been shared by Ham Lake and Andover. MOTION by Orttel, Seconded by Lachinski, entering a Resolution accepting a Quit Clalm deed for road and utility easement from William J. Sikora and Ann W. Sikora; and a Quit Claim Deed for road and utility easement from William S. Sikora and Wanda M. Sikora in Section 1, Township 32, Range 24... (See Resolution R37-9) Motion carried on a 4-0 vote. Recess at 8:40 p.m.; reconvene at 8:54 p.m. Councilman Peach arrived at this time. Mobile Home Permit - Scherer Dave Almgren, Building Official, reported that there is running water and sanitary facilities and that Mr. Scherer's house is about 95 percent completed. Mr. Scherer must move out of his present living quarters. He is requesting a 90-day mobile home permit. MOTION by Orttel, Seconded by Lachinski, that the City authorize a Temporary Mobile Home Permit for John Scherer at 1560 Andover Boulevard, pursuant to Ordinance 6, and note that the sewer and well are installed according to ordinance and will be used. Discussion: was on the fact that the original application was not made in writing as required by ordinnace. Mr. Scherer then made his request in writing and expressed his appreciation and thanks for the help and cooperation he has received from City staff, particularly Mr. Almgren. Motion carried on a 5-0 vote. Change Order - Public Services Building Councilman Peach reported that the Building Committee received a change order request from the contractor for $1,300 for electrical service to the PSB. The Committee generally agreed that the City would need to pay $770, which is Anoka Electric's charge plus 10 percent to the contractor. Councilman Peach had not been able to talk with Mr. Heer of Bloomberg relative to this matter; therefore, this item was carried over until such time that more information is available. Regular City Council Meeting May 1, 1979 - Minutes Page 4 Metropolitan Council ~port/Rum River Forest (Reference April 16, 1979, letter to Jerry Windschitl from Charles Weaver, Chairman of the Metropolitan Council, relative to Rum River Forest Addition) Mayor Windschitl stated he has talked with Mr. Weaver and has made him aware of some of the errors in their documents. He recommended the City Clerk draft a letter to Mr. Weaver explaining the errors. A lengthy discussion ensued on the events taking place relative to the errors in Mr. Weaver's letter and what may have caused the misunderstandings: State~~Rtletter "Rum River Forest Addition is not consistent with re9ional plans nor is it consistent with local plans of record at the Council" is not a correct statement. Andover originally submitted a Plan on April 18, 1975, that did have 10-acre parcels as minimum lot sizes in the rural area. Metro Council gave a positive review on it. On March 11, 1976, the City Council adopted a number of changes to the Comprehensive Plan, one of which was a blanket change from 10 to 2\ acres. This information was transmitted to the Metro Council. Their receipt of this change was acknowledged in their March 26 document. On AprilS, 1976, the City Council passed a resolution reiterating its commitment to a 10-acre minimum rural area lot size to obtain a favorable A-9S Review to secure FHA funding for sanitary sewer constructio This was sent to Metro Council on May S. It was at this point that the City was confused as to exactly what size lots the Metropolitan Council was desiring in rural areas. Notation should also be made to a letter from John Boland to Ken Orttel stating that the Comprehensive Plan doesn't comply with the Resolution of AprilS, but his last statement states "...that a re-examination of this policy and the development of possible alternatives to it can be done when Andover reviewes its Plan under the procedures of the Metropolitan Fund Planning Act." And that is exactly what the City did. The Planning Commission began working on ordinance revision, and that is the reason the City's Moratorium was put into effect. It was also noted that there is a requirement that any changes to the Comprehensive Plan be made after a public hearing by the Planning Commission; then submitted to the Metropolitan Council; acted upon by Metro Council staff and the Physical Development Committee, and referred back to the City. Andover held the public hearing and made their recommendation. It appears that that recommendation was ignored. There is a letter to Mr. Boland by Councilman Orttel (then P & Z Chairman) which was not answered. The AprilS resolution was passed on a 3/2 vote; and it requires a 4/5 vote to make any ordinance changes. Andover's formal resolution was never submitted to the Physical Development Committee, which is not the proper procedure to use. It was felt that the Physical Development Committee and Council staff should have reviewed that resolution and approved or denied it, and reported back to the City. They did not do either. All the City received was the personal opinion of Mr. Boland. This entire procedure was followed for the approval of 2~ acres in the rural area; it was not done to change the lot sizes back to 10 acres; therefore, the Comprehensive Plan remains at 2~ acres. Also, technically, the City Council should not have passed the AprilS resolution, as it should have originated by the Planning Commission. Statement in Mr. Weaver's Letter "In 1976, the City submitted an Interim Sewer Plan that was also based on a rural area minimum lot size of 10 acres" is an incorrect statement as the Sewer Document is an independent document. The Mayor Stated that Mr. Kasma (TKDA) has gone through the Sewer document page by page and assured the Mayor they could find no reference to lot sizes whatsoever. Council also expressed great concern over the statement "It is particularly disturbing that the City's action would be inconsistent with regional and local plans, and this may become a factor in future Council deliberations affecting Andover", as it appears the action taken by the Metro Council was based on a document that isn't based on fact. Regular City Council Meeting May 1, 1979 - Minutes Page 5 (Metropolitan Council Report/Rum River Forest, Continued) The Council also expressed a desire to meet with Roger Scherer, our Metro Council representative or possibly someone from the Metro Council should view Andover's 2~-acre developments. It was also noted that Andover is only the second City in the entire metropolitan area that has an on-site sewer ordinance, which they haven't acknowledged in this letter but did recognize in their 208 Water Quality Plan. The Clerk will draft a letter to the Metropolitan Council in response to Mr. Weaver's letter. Uniform Fire Code Fire Marshall Rich Lindeen - explained that the Ordinance presented the Council was compiled from the Uniform Fire Code 73 plus amendments to it plus amendments to the Uniform Fire Code to fit our locality. This was written by the Fire Department. Council discussion noted it would be more desirable and easier to enforce an ordinance that simply makes reference to the State Uniform Fire Code and only notes the exceptions for our community. This was referred back to the Fire Department for revision. Attorney Hawkins was also to research this further and has sent for information on the adoption of the Uniform Fire Code from the League of Cities. July Meeting Schedule Discussion was on whether or not to change the July 3 meeting date, since it falls on the day before a holiday. MOTION by Jacobson, Seconded by Orttel, to cancel the July 3 Regular City Council meeting and move it to July 11 at 7:30 at the City Hall. Discussion: was that the Ordinance does not make reference to allowing the Council to change the regular meeting date, as it states they shall be held the first and third Tuesday of the month. Councilmen Orttel and Jacobson removed the Second and the Motion. MOTION by Peach, Seconded by Lachinski, that Ordinance 25 be amended to read that the Clty Council will have power to reschedule regular meetings for a good cause. Motion carried unanimously. MOTION by Orttel, Seconded by Peach, that the Council meeting for Tuesday, July 3, be moved to Wednesday, July 11. Motion carried unanimously. School Board Election / Meeting Date Due to the School Board Election on May 15, which will be held until 8 p.m., it was decided that the Regular City Council meeting will begin at 8 p.m. rather than 7:30. MOTION by Orttel, Seconded by Lachinski, that the starting time of the meeting for May 15 be changed to 8 p.m. to accommodate the School Board Election. Motion carried unanimously. Park and Recreation Commission Report Wes Mand, Chairman of the Park Board, explained that he has been discussing the proposed boat landing access on Crooked Lake with both Phyllis Hanson at the Metropolitan Council and the State DNR. Both groups are actively seeking an access to Crooked Lake. The Lawcon Grant Program, which the Metro Council has great influence over, is going to be keyed on lake accesses in the metropolitan area this year, and he has been told that Andover would have a good chance to receive such a grant. He also explained Regular City Council Meeting May 1, 1979 - Minutes Page 6 (Park/Recreation Commission ~port, Continued) that although the DNR's plans are not yet finalized, they are going to have some funding available for the purchase of lake accesses and development. So they may be able to purchase the two properties between the City's land on the lake and develop that lake access; then turn it back over to the City for operation. There would be some restrictions on it if it were done this way, such as requiring it to be open 24 hours a day, every day, etc. He asked the Council's feeling relative to these proposals. Discussion was that the City does not have enough funds to purchase the properties in question outright; the Lawcon Grants would be either 25 percent or 50 percent City matching funds; there would be no City expense if the DNR developed the area; that the City could also apply for a Lawcon Grant for the proposed Community School park at the Crooked Lake School but that the City can only receive one grant; Mr. Mand has already received permission from the School to use their parking lot for the boat landing area which can be used when school is not in session; on the possibility of both projects being combined to look at the whole area as one park; that the lake is about 18 to 25 feet deep in places; that the water quality has greatly improved in recent years; and on possible traffic problems created with parking for the boat landing being across the street. General Council consensus was that they would not want to jeopardize the Community School park for the boat landing area and would prefer to see both areas integrated; generally were against spending $40,000 to $50,000 of City monies for just the boat landing area as they felt the money could be better spent on other projects within the City; and generally liked the idea of the DNR developing the boat landing and using the Lawcon Grant for the Community School project. It was suggested that Mr. Mand explore with the Metro Council how they would view integrating the two parks and possibly getting a commitment from the DNR on the boat landing. The first priority for a Lawcon Grant would be the school property; secondly if the two parks could be tied together. Mr. Mand also talked with Dr. Macklevoy from the University relative to students dOing park developing plans, and he said there would be none available until next fall. Volunteer Fire Department Report Fire Chief Bob Palmer requested Council approval for a budget transfer of $250 from 412.20, Office Supplies, to 412.22, Repair and Maintenance Supplies, to pay for the repair of one of the trucks. MOTION by Orttel, Seconded by Peach, that the amount of $250 be transferred from No. 412.20 to 412.22, Repair and Maintenance, for the Fire Department. Motion carried unanimously. Chief Palmer also presented the Council with a copy of the Mutual Aid Agreement between Ham Lake and East Bethel and asked if the Council felt it was adequate for an Agreement between Ham Lake and Andover. Attorney Hawkins noted that other Agreements he has seen have more in them regarding responsibility to respond, liability, etc. He will re- search this further and have a report at the next Council meeting. Chief Palmer also informed the Council that the State Bank of Anoka donated $600 and the First National Bank of Anoka donated $1,000, and stated it is intended that these donations will be used for first aid kits and rescue equipment. Regular City Council Meeting May 1, 1979 - Minutes Page 7 (Volunteer Fire Department Report, Continued) MOTION by Peach, Seconded by Orttel, that the $1,600 donated by the First National Bank of Anoka and State Bank of Anoka be allocated towards the Fire Department Equipment Budget for rescue and first aid equipment. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that the City Clerk be directed to draft a letter of thanks to the First National Bank of Anoka and the State Bank of Anoka for their donations to the Fire Department rescue and first aid equipment. Motion carried unanimously. Chief Palmer reported that it is the Department's desire that the Anoka Fire Department not respond to anything except structure fires., This will be discussed further after the AVFD meets with the Anoka Fire Department. Mayor Windschitl also commended the Fire Department for their efforts and the excellent response times to the April fire calls. Chief Palmer also reported that the contract for the present fire barn expires and the owners expressed a desire to raise the rent. It was noted that the date for finishing the PSB is June 5, and the fire equipment should be in the new fire barn by then. Discussion was on reimbursement to firefighters for damage to clothing during the course of fighting a fire. It was agreed that they will be reimbursed for the reasonable cost to damaged clothing. The Fire Department should submit a requisition for the costs of damaged clothing on a monthly or quarterly basis, and it will be processed as a claim. Bill Bush, Captain, reviewed the April, 1979, Fire Report (Reference memo of 4/30/79 to the Mayor from William Bush and Rich Lindeen). He explained that the fires with only three to six firefighters responding are daytime fires, and that the Department is still low on daytime personnel. He also noted that the AVFD arrived at all fires prior to the Anoka Fire Department except for the chimney fire on April 10, and in that case they were just a couple blocks ahead of the AVFD. Liquor Study Committee According to the charge to the Committee, the Committee needs to submit their report and recommendation in writing to the Council by May 25; a special meeting with the Council is not required. General agreement was that this discussion will be placed on the June 19, 1979, Regular City Council Agenda. Road Improvement Committee Report Councilman Lachinski requested the Council and Road Improvement Committee meet with a representative of John Deere relative to the purchasing of a road grader. It was generally agreed that the John Deere representative will be contacted to see if he can meet on Monday, May 7, at a Road Improvement Committee Meeting and that the Council is invited to attend this meeting as well. Meeting with Schieffer and Carson The Council received the Judge's decision in the Mayo-Bankey lawsuit. Discussion was on the need of the Council to meet with the City's Attorneys in this case to discuss this matter. Regular City Council Meeting May 1, 1979 - Minutes Page 8 (Meeting with Schieffer and Carson, Continued) MOTION by Orttel, Seconded by Peach, that the City Council hold a Special Closed Meetlng at 7:30 on May 9 to review the findings in the Mayo-Bankey case. Motion carried unanimously. CETA Summer Positions Discussion was that there is some work that needs to be done around the ball fields and around the new PSB that youth could do; that youth must be over 17 years old before he can use motorized equipment (including tractor, lawnmower, etc.); that these students can work only 30-hour weeks and also attend school for two weeks in the summer; that the City has the right to excuse the workers if there is not enough work or if not satisfied with their performance; and on the desirability of having someone who can operate motorized equipment in the City. MOTION by Orttel, Seconded by Peach, that the City provide work sites for at least two people from the Summer Youth CETA Program and three people if one could be obtained that is able to operate motorized equipment. Motion carried unanimously. Street Maintenance Contract - Kraabel MOTION by Orttel, Seconded by Lachinski, that we renew our Maintenance Agreement with Burton Kraabel Construction, Inc., from May 1, 1979, to April 30, 1980, at the rate schedule dated May 1, 1979, as proposed by Mr. Kraabel and authorize the Mayor and Clerk to sign the agreement. Motion carried unanimously. Street Sweeping Discussion was on whether renting the street sweeping equipment and doing it ourselves or contracting someone to do it would be the easiest and most economical. Council agreed that the streets must be swept and directed Ray Sowada to investigate this further. Approval of Minutes March 20, 1979: Correct as amended by Recording Secretary Apri 1 17, 1979: Page 8, under Tennis Court Lights, 1st paragraph: monies (sp) MOTION by Jacobson, Seconded by Orttel, that we accept the Regular City Council Meeting Mlnutes for March 20, 1979, as amended. VOTE ON MOTION: YES-Jacobson, Lachinski, Orttel, Peach; ABSTAIN-Windschtil Motion carried. MOTION by Jacobson, Seconded by Orttel, that we accept the Regular City Council Meeting Mlnutes for April 17, 1979, as amended. Motion carried unanimously. Approval of Claims MOTION Peach, Seconded by Orttel, that the following Claims be paid: Check Numbers 2464 through 2479 for a total of $5,978.86; and in the Improvement Account 1976, Check Number 278 for a total of $1,505.00. Motion carried unanimously. MOTION by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. ",tfog "j,",O" ,t 1~ '"" Respectfully submitted,- L \\~ ~, tuu _ Marc la A. Peach, Recording Secretary