HomeMy WebLinkAboutCC April 15, 1980
I
~ 01 ANDOVER
REGULAR CITY COUNCIL MEETING - APRIL 15, 1980
AGENDA
1. Call to Order - 7:30 P.M.
2. Resident Forum
3. Agenda Approval
4. Discussion Items
a. Completion of CDP - David Licht
b. County Park Plans - David Torkildson
c. Lot Split - Esther Olson
d. Lot Split - L. Johanson
e. Feasibility Report - Southwest Area
f. Easement Acquisition/Hanson Boulevard
g. Attorney Report/Rezoning
5. Non-Discussion Items
a. Adopt Street Standards
b. Adopt Resolution-Records Retention Schedule
c. Adopt Resolution-Date Practices Act/Responsible Authority
d. Mutual Aid Agreement - East Bethel
e. Meeting Schedule - City Clerk
f. Adopt Proclamation --Community School Week
6. Reports of Commissions, Committees, Boards
a. Park & Recreation Commission
b. Planning and Zoning Commission
c. Volunteer Fire Department
d. Other Committees
7. Approval of Minutes
8. Approval of Claims
9. Adjournment
CITY 01 ANDOVER
M E M 0 RAN 0 U M
TO: MAYOR AND COUNCIL
COPIES TO: CITY ATTORNEY. CITY ENGINEER. STAFF
FROM: CITY CLERK/A.ADM.
OATEc: APRIL 10. 1980
REFERENCE: AGENDA INFORMATION - APRIL 15. 1980
Agenda Approval
Please add Item No. 4-f (Purchase of Right-of-Way/Hanson Blvd.) and Item No. 4-g
(Attorney Report/Rezoning).
Item No. 4a - Completion of Comprehensive Development Plan/Dave Licht
There are still items to be completed on the Plan; the question is whether
Mr. Licht will do the work his former firm began and what additional costs are
anticipated. Mr. Licht will be present to discuss this with the Council.
Item No. 4b - County Park Plan/Dave Torkildson
With the development of Plats along waterways in the City, the Council wishes to
be aware of the County's plans for development prior to making any decisions on the
dedication of Parkland by the developers. Mr. Torki1dson will be present to
discuss this with the Council.
Item No. 4c - Lot Split (Esther Olson)
This item is continued from previous meetings. Mrsi Olson was directed to prepare
legal descriptions covering the three new parcels proposed to be created from the
existing two 4.5 acre parcels. The descriptions have been received; and each
parcel meets all requirements. A resolution is prepared for adoption noting
only one additional parcel is being created thereby allowing the division under
the provisions of Ordinance No. 40 as amended.
Item No. 4d - Lot Split (L. Johanson)
Attached is the Planning & Zoning Commission recommendation for approval of the
proposed split. Such recommendation is contingent on the combination of the
rear parcel with the adjoining parcel; this parcel is required size, however,
it would not have frontage unless such combination were made. A resolution is
prepared including the above and requiring the payment of $200 in park dedication
fees. Although no additional parcels are being-created; the sizes and areas
of the parcels is changing.
Item No. 4e - Feasibility Report (Southwest Area)
The City Engineer is preparing a feasibility report for the entire area for the
various improvements being requested. As a result of this report, an informational
hearing will be held to determine exactly which areas are to be pursued; this to
be done before any additional monies are expended.
,,'
Regular City Council Meet,ng
April 15 - Agenda Information
Page 2
Item No. 4f - Land Acquisition/Hanson Boulevard
Attached is a letter from Attorney Hawkins, indicating a settlement dispute On a
parcel required for the contruction of the Hanson Boulevard Extension. A motion
is required to allow the Attorney to commit the City to additional settlement.
Item No. 4g - Attorney's Report/Rezoning
It is the opinion of the City Attorney that in order to assure the compliance of
all Statuatory requirements for rezoning, the Planning and Zoning Commission
conduct another public hearing prior to the final decision by the City Council.
The moratorium ordinance expires on June 1, so if P&Z conducts the hearing prior
to May 10, the City Council could still make a decision before June 1 deadline.
If necessary, we could request an extension for the filing of the CDP with
Metropolitan Council, thereby allowing the Planner to make the necessary changes
in the Plan before submission.
Item No. 5a - Adopt Street Standards
You have received copies of the Standards from the City Engineer. These are
written as informally adopted by the Council. A motion is necessary for approval.
Item No. 5b - Adopt Resolution/Records Retention Schedule
This schedule was prepared by the Records Retention Committee of the Minnesota
Clerk's Association and adopted by the State of Minnesota. I was fortunate to
have served On this Committee,~and therefore, am aware of the research going into
the report. As a result, adoption is recommended. The document is very lengthy
and includes all phases of municipal operation. I will have a copy On hand for
your review.
Item No. 5c - Adopt Resolution Designating Responsible Authority/Date Privacy
This resolution is required by the Data Privacy Act. Attached is information
outlining the Act, and a sample resolution for adoption. No changes to the
resolution are proposed.
Item No. Meeting Schedule (City Clerk)
Enclosed is a meeting schedule for the balance of this year. This document
was sent to the Personnel Committee, however, it is not known if any action
was done. The May 19 IIMC is the only item requiring immediate action.
Item No. 6a - Planning & Zoning Commission
No report received.
Item No. 6b - Park & Recreation Commission
The Park & Recreation Commission is requesting several items from the 79' Surplus,
i.e., full-time staff person, 4-wheel drive vehci1e w/p10w and sweeper, and transit and
a larger tractor. Most of these items will be shared with other Departments.
Wes Mand will cover this with you at the meeting. Please refer to P&R Minutes of
April 3 for complete details.
Item No. 6c - Volunteer Fire Department
No report
Regular City Council Meeting
April 15, 1980 - Agenda Information
Page 3
Item No. 6d - Other Committees
To-date nO response from the ad for membership on the Hazardous Waste Committee.
You have received the 1979 Audit Report;.it is recommended the Finance Committee
meet with the Auditors to discuss and review this item.
Item No.7 - Approval of Minutes
Due to the absence of Mayor Windschit1, this item should be postponed until the
next Regular City Council Meeting. /
/
~ 01 ANDOVER
REGULAR CITY COUNCIL MEETING - APRIL 15, 1930
MINUTES
The Regular Bi-Month1y Meeting of the Andover City Council was called to order by
Acting Mayor Ken Orttel on April 15, 1980, 7:30 p.m., at the Andover City Hall,
1685 Crosstown Boulevard NW, Anoka, Minnesota.
Councilmen present: Jacobson, Lachinski, Peach
Councilman absent: Windschit1
Also present: City Attorney, William G. Hawkins; City Engineer, Mark
Schumacher; Planning & Zoning Chairman, d'Arcy Bosell;
City Clerk, P. K. Lindquist; and others
Resident Forum
Michael ~Ieyer, 4488 145th Lane, Dosta1er Hane - showed the Council the material used
on the roads for the ice. He complained that the long thin pieces found are rough
on bicycle tires because they are so sharp and penetrate the tires. This is the first
year he has lived on tarred streets, but the kids can't ride the bicycles in the
spring. He asked if there shouldn't be some specs for the people supplying that
material. The Clerk stated this is the same salt cinder always used on the streets.
We contract with the City of Anoka to sweep the streets, and they will do it as soon
as they are finished with their own streets. Acting f'1ayor Orttel stated we could
check with other cities to see if they too have had problems.
Dale ~1ashuga, 2071 Quinn Drive - has had some misunderstanding with the Building
Inspector about building a garage on his lot. Evidently the Inspector was under the
impression he could build the garage within 30 feet of County Road 18; but when he
came to get the permit, the Building Inspector felt that it had to be 50 feet from
Crosstown. Mr. Mashuga wondered if he could get a variance to be able to begin
construction on it. He was all ready to begin construction yesterday with help and
felt that a 6-week delay to go through the variance procedure through the P & Z would
result in a financial hardship. Acting r~ayor Ortte1 explained that r1r. fciashuga's
lot is 120 feet by 128 feet, with the home approximately 44 feet long. Î~r. ~lashuga
wants to add a two-car garage with an entryway in between, which leaves 30 feet from
the Crosstown right of way. The County has 50 feet of right of way, putting the garage
80 feet off the centerline of the road. He went on to explain that Ordinance 8
requires 50 feet off any major arterial street; the definition of a major thoroughfare
refers to the Comprehensive Plan, and the Comprehensive Plan says the City doesn't have
any major arterial streets. However, the definition in Ordinance 10 defines County
roads as major arterial streets. The City has received a letter from Paul Ruud of
the Anoka County Highway Department which indicates that the County is agreeable to
a 30-foot setback from their right of way on Crosstown Boulevard on this lot. Acting
Mayor Orttel felt it is not a major arterial street so it would not have to comply
with the 50-foot setback requirement of Ordinance 8, Section 6.02. He felt it was
a question of clarification of the road. Councilman Peach questioned if a variance
is needed; there is a confusion in the definitions in the ordinances; and the area
between Andover Boulevard and Bunker Lake Boulevard is residential with houses within
30 feet of the right of way. He wondered if the City couldn't redefine what is wanted
along that road via resolution clarifying its classification. Councilman Jacobson
expressed caution should be taken to be sure a precedent isn't being set for all
County roads. He didn't have an objection with the 30-foot setback in Mr. Mashuga's
case, but felt it should go through the variance procedure going through the P & Z.
Council discussion continued as to the confusion in definitions, the reasons for the
setback requirements, on the suggestion of the Council simply making a clarification
of the definition or requiring the normal variance procedure be followed. General
consensus of the Council was that the 30-foot setback in Mr. Mashuga's case was
agreeable, but there was no agreement on the procedure that should be followed. It
was then agreed to wait for the Attorney's presence, so that Mr. Hawkins could give
an opinion on the matter.
Regular City Council Meeting
April 15, 1980 - Minutes
Page 2
Agenda Approval
MOTION by Jacobson, Seconded by Lachinski, to adopt the Agenda for April 15 as
pn nted. Motion carried unanimously.
MOTION by Jacobson, Seconded by Peach, that we suspend the rules. Motion carried
unan lmous 1y.
Completion of Comprehensive Development Plan - David Licht
Mr. David Licht of Northwest Associated Consultants, Inc., stated his /formÕ~ganization,
Midwest Planning, is no longer in existence. He stated he is willing to continue with
the City's Comprehensive Development Plan for basically what Midwest Planning had
initially contracted for. The two major items remaining are the completion of the
Housing Plan and submission of the CDP to the Metropolitan Council as required by
Law, due July 1, 1980. Another item that may be of interest is completion of a
contract agreement with the Metropolitan Council whereby the City has been funded and
submission of reports in that regard, and he stated he would be willing to help the
Clerk to complete whatever has to be done. He urged that the CDP and Housing Plan
be completed as soon as possible. The Metropolitan Council has indicated extensions
will be granted if necessary given good reason. If the Plan is submitted by July 8,
the deadline for adjoining units of government to respond to the CDP, the City will
not have to ask for an extension. If the City gets itself into a situation of having
to ask for an extension, the Metropolitan Council may put constraints upon the City
such as updating the Systems Statement.
The updating of the ordinances was initially a project to be undertaken by the
Planning Commission and it was considered that they would assist with that; however,
that portion of the agreement was terminated. Mr. Licht suggested that in terms of
the constant problems faced and the need to get an ordinance that corresponds to
the CDP, that it is critical that the ordinances be updated. He proposed for the
completion of the work on the CDP plus a total revision of Ordinances 8 and 10 a
total cost of $6,000. His initial project would be to have a proposed revision of
the Subdivision Ordinance to the Planning Commission by May 15, with a redraft of
the Zoning Ordinance to the Planning Commission by July 1. From there on it becomes a
critical facton of the input from the City. There is one additional grant potentially
coming from the ~1etropo1 itan Council of $5851. That, combined with what is left on
the contract with Midwest for the completion of about $210 to $250, exceeds the $6,000.
He left examples of ordinances he has done for the Council's review. :·1r. Licht also
. explained that the Governor has signed the Agricultural Preservation Act today, and
within that Act is a minimum metes and bounds subdivision requirement raised from 5
acres to 20 acres.
Councilman Lachinski stated that one of the suggestions the Council made for the CDP
, was to look at each area of the City in terms of the developable land and to determine
the percentage of already developed land to substantiate the 2~-acre platting
requirement in the City. Mr. Licht stated that is part of the inventory, and they
have the raw data that can translate those percentages. It is their policy that prior
to submitting a redraft of the Zoning Ordinance to the P & Z they submit it to the
Engineer and Attorney for .their input on technical input. The zoning map would be
a part of that ordinance revision. He felt that the zoning map has to be reflecting a
policy and a philosophy of development that can be refined further in the ordinance
itse 1f . Mr Licht has not prepared a formal proposal but he would submit one for the City.
(Attorney Hawkins arrived at this time)
d'Arcy Bose11, Planning and Zoning Commission Chairman, stated that Northwest does have
a copy of the ordinances done previously in the City and that basically a lot of the
ground work has already been done. This must now match the policies that are set up
!
Regular City Council Meeting
April 15, 1980 - Minutes
Page 3
(Completion of CDP - David Licht, Continued)
in the new Comprehensive Plan to the legislative power that the ordinances have.
The P & Z is proposing that a definition ordinance be adopted separately. Counci 1man
Peach suggested other consultants be asked to bid for the updating of the ordinances
as we 11 .
MOTIOr~ by Peach, Seconded by Jacobson, that Northwest Planning (Northwest Associated
Consultants, Inc.) be authorized to complete the Comprehensive Plan for Andover at
a cost not to exceed $250, and authorize the Mayor and Clerk to sign the contract.
Motion carried unanimously.
County Park Plans - David Torki1dson
Acting Mayor Ortte1 stated that one of the main concerns of the City has to do with
plats coming in the City and any considerations that are necessary for the County's
plans, particularly as it relates to trail systems and water frontage.
Mr. Torki1dson stated that the current maps show Coon Creek having a trails system.
Presently the Metro Council is reviewing all the regional trail systems and has
deleted this one and will be recommending that it be taken from the regional system.
That is true of all creek beds originally slated for trails because they have now
tried to break apart trai1ways that were designed primarily for transportation and not
for recreation. Mr. Torkildson reported there is approximately 1800 acres in Bunker
Park, and they have no plans for expansion except possibly acquiring the property
known as the Minneapolis Rifle Club. Bunker Park is about 90 percent developed.
They have planned for 1982 a manmade pool located in the northern part in Andover.
Access to the park from Andover can be through the Activities Center, and they are
looking at having access to the new pool from No. 116. They are also looking to some
. way of charging for parking at Bunker Park.
Mr. Torki1dson then reviewed the park properties along the Rum River, noting they have
no plans of expansion at any of those sites. The County has no plans for any permanent
snowmobile trails at this time. Acting Mayor Orttel stated that should anything
come up, it would be helpful if the County would keep the City and Park/Recreation
Commission informed.
Mr. Torki1dson stated they are planning an update of their CIP and new mappings will
be made available, noting some of the changes being contemplated. The regional plan
was to add onto the 600 acres they presently own for the Rum River Regional Park, but
rules and regulations coming out prohibit the purchase of land as long as it continues
to be agriculture, so they are not sure what to do with that at this time. They're
biggest deficiency in parks in the County right now is manpower. They have established
the Park Rangers with a schedule to be in the parks at certain times each day plus a
roving patrol that is out until 2 o'clock each night. And they are going to continue
to expand on the policing within the parks as the need arises. They presently have
40 paid part-time Rangers for foot patrolling in the parks. Also, every effort will
be made to provide some campgrounds by 1981 in three different locations. Chain of
Lakes will start development with the help of grant funds this fall.
At one time, and which is still being considered, a public access On Round Lake was
considered for use specifically for duck hunters. As noted in the development guide,
they have approximately 6,000 acres of parkland scheduled to be acquired plus 2,000
acres designated as County Forests so there is access to all the lakes. They are not
going to develop all that, but they do have it preserved for future accesses.
Bill LeFebvre, Park Board Commission - The Park Board is running into problems with
park dedication relative to the trail system on Coon Creek. What priorities are the
County taking? Mr. Torki1dson explained the only trails project they have is On Rice
Creek, which is one of two experimental trails that the Metro Council has funded, the
Regular City Council Meeting
April 15, 1980 - Minutes
Page 4
(County Park Plans, - David Torki1dson, Continued)
other being from the Coon Rapids Dam to Elm Creek which is a multi-use trail. It is
an experiment to see if trails are going to be used that extensively and which kind
are necessary. The trail demand has been satisfied by the County at this point by
the development of trailways within the Regional Parks. Whether or not the City
should preserve some of the creek beds, nobody can answer at this point. That is why
the two experimental trails are being developed. They are concentrating on the bike
trails strictly for recreation within the Regional Parks and within a natural
setting as Rice Creek is. The Highway Department is looking ahead to developing
highways for transportation of bicyclists and hikers.
Ms. Bosell - The Planning Commission has been given direction by the City and by some
of the developers to change or to restrict the use of Round Lake especially to
eliminate duck hunting. The Game Warden has indicated they would be violently opposed
to eliminating duck hunting on Round Lake. She asked Mr. Torkildson if he had any
suggestions as to what the City should do. Mr. Torkildson stated they do not have
any authority to prevent discharge of firearms within a municipality and that is strictly
up to the municipality. The Metro Council is working with the DNR to establish a new
public access policy, and obtaining public access to public lakes is just in the
planning stage right now.
Lot Split - Esther Olson
MOTION by Jacobson, Seconded by Peach, introducing the Resolution as written here
before us with two additions: under the NOW THEREFORE BE IT RESOLVED, the last Resolved,
when it says descri6ed "See Attached Exhibit A", Exhibit A should refer to the letter
dated April 9, 1980, from Gerald M. Randall, 211 East Main Street, Anoka, the lawyer,
which has the legal description on it; and another RESOLVED should be that $100 in
park fees should be paid for the Lot Split. (See Resolution R31-80) I~ot i on carri ed
unanimously.
Lot Split - L. Johanson
Ms. Johanson stated she wouldn't want the split unless she can sell the land. There
is no extra building lot being created. She doesn't want to pay a park fee for land
she doesn't sell. Council discussion was on the procedure used to honor Ms. Johanson's
request. According to the ordinance, since no new lots are being created, no park fees
are required. The Clerk stated she could withhold the filing of the lots until such
time that Ms. Johanson sells the lot or asks the Council to rescind the motion.
MOTION by Lachinski, Seconded by Peach, introducing a Resolution approving a Lot
Split of Plat 65924, Parcel 3760 as requested by L. Johanson, property owner, the
Resolution presented with the deletion of the requirement for the park dedication
fee. (See Resolution R32-80) Motion carried unanimously.
Mashuga Garage Setback
Acting Mayor Ortte1 reviewed the Council discussion at the beginning of the meeting
relative to the setback requirement for Mr. Mashuga's lot on the corner of Quinn Drive
and Crosstown Boulevard. Mr. Mashuga has made an application for a variance from the
50-foot setback; however he was supposed to start construction On the garage yesterday.
Attorney Hawkins stated that the definition that would apply is that of Ordinance 10
making this an arterial street; and it was his opinion that Crosstown would fall within
the definition of a major arterial and the setback would be 50 feet. Because misinforma-
tion was given to him by a City official, the City could allow the permit to be issued
with the understanding that the variance would be approved. Mr. Mashuga has dealt in
good faith and it was simply a misunderstanding. The Council does have the right to
waive the provision of having the P & Z act on the variance request prior to it coming
Regular City Council Meeting
April 15, 1980 - Minutes
Page 5
(Mashuga Garage Setback, Continued)
before the Council. Chairman Bosel1 objected to waiving that provision, as she
felt it would be setting an undesirable precedent in the City. After further Council
discussion, the following motion was made:
MOTION by Peach, Seconded by Lachinski, to direct the City Clerk to prepare a
Resolution approving a variance request for Dale Mashuga noting procedure pursuant
to Ordinance 8, Section 5.04 be waived due to misinformation by the City Staff which
would create a financial hardship on the property owner and concurs with the opinion
of the City Attorney; variance is from Ordinance 8, Section 6.02; also note the letter
from the Anoka County Highway Department. (See Resolution R33-80)
VOTE ON MOTION: YES-Lachinski, Ortte1, Peach; NO-Jacobson, as he is not against the
variance, but thinks the extra special handling that the Council has just done is not
right and that it should go through the regular channels; thinks it is a bad precedent.
Motion carried.
Recess at 9:16; reconvene at 9:36 p.m.
Feasibility Report - Southwest Area
Mr. Schumacher reviewed the TKDA preliminary feasibility report of the proposed southwest
utilities improvement project dated April 15, 1980. They have proposed a sanitary sewer
collection system, trunk system, costed that out, and related it back to the frontage
of the entire project. If individual portions of the project are ordered, the costs
will have to be revised. The water system was primarily for the Good Value plat and
Larry Carlson's plat; however, Mr. Carlson has indicated he might not want to
--participate in a water system. Mr. Schumacher reviewed Page 5 of the summary of
the costs and proposed rates of assessment in the area. He has talked with the City
of Coon Rapids, which stated they would have some limited water capacity to service a
portion of Andover; however, it was not known where their water lines are or how long
it would take to bring the lines to the City of Andover. The City of Anoka Council has
rejected Andover's request for some cooperative water system between the two cities.
Mr. Schumacher also stated that in Auditors Sub. 82 there is one first-floor home which
would be questionable whether or not it could be served with sanitary sewer by gravity
and three basements that would not be served by gravity. The normal alternative is
installing a small sump pump in the house that could not be serviced, with such pumps
being provided by and costs borne by the project as a whole.
Discussion was on a water distribution system for the area, requesting that the cost
differential between a central water system and private systems be determined and
to find out where the water lines are located in Coon Rapids for the Informational
Hearing; noted that the Council needs to discuss an assessment policy which is scheduled
to be done May 1; that the lines for water would be laid under the same project of
the sanitary sewer; questioned whether a cooperative effort for water with the City
of Coon Rapids would be feasible because of the time delay in getting the water lines
from their location up to Andover plus the costs involved; and noting that the more
limited the water system and the less area it services, the more expensive it is going
to be.
MOTION by Lachinski, Seconded by Jacobson, entering a Resolution accepting the feasibility
study and ordering public informational hearing to determine and affirm the scope of
the proposed improvements of sanitary sewer, streets, storm sewers, and/or public waters
in Section 32, Township 32, Range 24, and in Section 29, Township 32, Range 24...
~he prepared resolution setting the date of April 29, 7:30 p.m., Andover City Hall...)
(See Resolution R34-80)
VOTE ON MOTION: YES-Jacobson, Lachinski, Ortte1; NO-Peach
Motion carried.
Regular City Council Meeting
April 15, 1980 - Minutes
Page 6
Easement Acquisition - 1979-2 Project
Attorney Hawkins explained that he has had communication with Rosaria Bohme regarding
the acquisition of the 20-foot wide easement for the 1979-2 project. She has an ]!2-
acre lot which she felt was valued at $10,000. The City's appraiser has also indicated
that he is of the opinion that the placement of the easement reduces the value of the
property by approximately 50 percent. Mr. Hawkins has proposed 50 percent of the market
value of the property to be acquired from Ms. Bohme, totalling $438.40. ~1s. Bohme di d
not accept that, as she wanted 75 percent of the market value. ~lr. Hawk ins recommended
that to be consistent in all easement acquisitions by the City and so as not to set a
precedent, that condemnation proceedings be undertaken. He acknowledged that condemnation
would cost more to than to acquire the easement at Ms. Bohme'5 price; but in the future,
if the City is wanting to use the 50 percent figure, the City must be cOnsistent in
dealing with all landowners.
After discussion the Council generally felt that the $488.40 be re-offered for the
easement to be acquired; and if that is not accepted, that condemnation be considered.
MOTION by Lachinski, Seconded by Peach, that we authorize the condemnation of the
Rosarla Bohme property for easement purposes, 20 feet by 300 feet, at 3932 158th
Avenue NW and/or payment for the easement in the amount of $488.40 (See Resolution
R35-80) Discussion: Councilman Lachinski felt the Attorney should report back to
the Council if the $488.40 offered is not accepted. Attorney Hawkins stated there is
a standard condemnation resolution that must be submitted to the Court. r,lotion
carried unanimously.
Easement Acquisition - Hanson Boulevard
Mr. Hawkins reported that the appraisal has come back indicating a value of $2,000 per
acre market value. Much of that area is already encumbered by NSP and UPA easement.
He has sent out letters to all property owners proposing the $2,000 market value and
the price of $1,000 for easement over them, the value being dimished by 50 percent as
indicated by the appraiser. He has received acceptance by one individual on the north
side. Three of the parcels are owned by Me1ron. Mr. Hawkins has received correspondence
from 11e1ron's Attorney indicating they have hired their own appraiser. UPA has agreed
to give the City the easement necessary. He has not heard from the remaining property
owners involved. Mr. Hawkins expected to have more information for the next Council
meeting.
Attorney Report/Rezoning
Attorney Hawkins reviewed his opinion On the City's procedure on the proposed rezoning
in the southern portion of the City. He explained that State Statute requires that
the notice for rezoning be placed in the newspaper not less than 10 days prior to the
public hearing. After investigating the City's actions on the proposed rezoning, it
appears to him that there is enough potential for argument that the City did not
properly publish for the rezoning public hearings, leaving the City open for some
cha llenge. He is therefore recommending that the City republish notice of public
hearings before the Planning Comnission for the rezoning of specfic parcels to specific
zones. He also felt that at the hearing on April 24 the Planning Commission and Council
indicate a preliminary decision on specific zonings. subject to going back through the
formal rezoning procedure.
Peter Raun, 4110 147th Lane - asked about the legal proceedings for the Council to
change the urban service line. Attorney Hawkins stated that the publication and
hearings are for the rezoning only; there is no statutory requirement for drawing
the urban service line. Specific affected property owners should know what zoning is
being contemplated.
Regular City Council Meeting
April 15, 1980 - Minutes
Page 7
Adopt Street Standards
MOTION by Lachinski, Seconded by Peach, adopting the standard typical street
sectlon plates as shown in the memo from TKDA dated March 31, 1980. rÆot ion carri ed
unan imous ly.
Adopt Resolution - Records Retention Schedule
MOTION by Lachinski, Seconded by Peach, to adopt the following Resolution: A
Resolution adopting a Records Retention Schedule approved by the State of Minnesota
under the date of February 13, 1980... (See Resolution R36~80) Motion carried
unanimous ly.
Adopt Resolution - Data Practices Act/Responsible Authority
MOTION by Lachinski, Seconded by Peach, to appoint the City Clerk, Pat Lindquist, as
the designated authority to be responsible for provisions under the Minnesota Statute
Section 15.1611 and Section 15.1698 of the Minnesota Government Data Practices Act.
(See Resolution R37-80) Motion carried unanimously.
Mutual Aid Agreement - East Bethel
MOTION by Lachinski, Seconded by Peach, to approve the Mutual Aid Agreement between
the Clty of Andover and the City of East Bethel as written and approved by the City
Attorney. Motion carried unanimously.
Meeting Schedule - City Clerk
MOTION by Peach, Seconded by Lachinski, that the City Clerk, Pat Lindquis4 be authorized
attendance at the IIMC Conference in Toronto, Canada, and be authorized to spend up
to $450 in expenses, the excess of approximately $150 coming from the surplus fund.
Motion carried unanimously.
Adopt Proclamation - Community School Week
MOTION by Jacobson, Seconded by Lachinski, to adopt a Proclamation concerning Community
Education in the City of Andover and authorize the Mayor and Council to sign such
Proclamation. Motion carried unanimously.
Park & Recreation Commission
Park Board Chairman Wes Mand reviewed the Park Board's recommendation to hire two CETA
people, along with the recommendation to hire an additional employee with at least a
Class B driver's license with salary to be taken out of the 1979 surplus and division
of his time to be determined by the City Clerk and Senior Public Works Person. The
Clerk indicated she has made application for CETA help.
Council discussion on hiring an additional employee centered around meeting with the
Park Board and Public Works Department to discuss City services presently being pro-
vided and future services to be provided; additional manpower and equipment needed in
the City; that the Park Board and Public Works should put together a proposal of what
work is planned to be done in the City and at what times; to identify the time spent by
Public Works employees in the various areas; and to discuss what can and cannot be done
maintaining the present level of emp10yement versus increasing help and equipment.
MOTION by Lachinski, Seconded by Orttel, that we hold a Special City Council meeting
wlth the Park & Recreation Commission and the Road Committee to review the Public
Works and Parks program for 1980-1981. (May 13, 1980) ~10tion carried unanimously.
MOTION by Jacobson, Seconded by Lachinski, to bring the matter of the Park Board picnic
tables up to reconsideration. Motion carried unanimously.
Regu 1 ar City Counc il Meet ing
April 15, 1980 - Minutes
Page 8
(Park & Recreation Commission, Continued)
MOTION by Jacobson, Seconded by Peach, to authorize the Park Board to purchase up to
tlve ~icnic tables, these picnic tables will be of durable nature and they shall
be embedded in concrete. Motion carried uilanimously.
Council discussioil with ¡·Ir. r1and was, on whether or not easements should be required
along Coon Creek as plats come in to develop a trail system along the creek. Because
of the upkeep and maintenance of such a trail, because of the problems with mini-
bikes, etc., using such trails creating a nuisance, and because the trail takes away
from the desirability of those lots on the creek itself, the Council generally agreed
that creating trails along Coon Creek is not something that the City should pursue.
Attorney Hawkins also advised Mr. Mand that it is not appropriate to spread those
assessment costs against parks when an improvement project is done back among the pro-
perty oWners in the project. If there is some benefit, the City has to pay that share
of the project and it cannot be passed back to the land owners. It is proper to pay
for the assessment out of general funds.
Volunteer Fire Department
Fire Chief Bob Palmer reported that the DNR tanker's transmission broke down during a
fire call today. Council asked that Chief Palmer obtain estimates for its repair.
Ray Sowada and Chief Palmer asked the Council's priority within the City relative to
Mr. Sowada's position as public works person and firefighter. Council informed Mr.
Sowada to use his own reasonable judgement in each situation and to respond to where
the greatest danger is.
MOTION by Peach, Seconded by Lachinski, in accordance with the Minnesota Clean Air
Act, move that the Fire Chief be directed to put up "NO Smoking" signs in the·meeting
room (in the Public Services Building) Motion carried unanimously.
Council informed Chief Palmer that the intent is not to reimburse firefighters for
pay lost if they leave their jobs to fight a fire for the City.
Approval of Claims
MOTION by Jacobson, Seconded by Peach, to pay Claims Checks 3066 through 3102, with
3083 voided and 3087 voided, in the amount of $42,837.94; and we pay Claim for
Improvement 78-2, Check Number 356, for the amount of $41,692.73. Motion carried
unanimously.
MOTION by Peach, Seconded by Jacobson, to adjourn. Motion carried unanimously.
Meeting adjourned at 11:54 p.m.
Respectfully submitted,
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. \ ~-'-"_'--'~ C,- [L
Marc 11a A. Peach
Recording Secretary