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HomeMy WebLinkAboutCC December 21, 1976 , , CITY 01 ANDOVER REGULAR CITY COUNCIL ~!EETING - DECBIBER 21, 1976 'IINUTES The Regular Bi-Hmthly Heeting of the Andover City Council was called to order by Hayor Richard J. Schneider on December 21, 1976, 7: 30 p.m., at t~e Andover City Hall, 1685 CrosstOlffi Boulevard N.W., Anoka, ~Iinnesota. Councilpersons present: lIolasek, Rither, VanderLaan, Windchitl Councilpersons absent: None Also present: City Attorney, liilliam G. Hmvkins, City Engineer, D. R. Kasma; Planning & Zoning Chairman, Ken Orttel; Citv Clerk, P. K. Lindquist; and interested residents. Agenda Approval MJTION by lIolasek, Seconded by VanderLa:m, to approve the agenda with the +ollowin.rt additlons: 8b. Levy for Storm Sewer Study/Aerial 'lapping 8c. Dahlberg Printin!,: Bill 3d. Bi-Centennial Committee Report 9a. Decision - Final Approval of 'ünutes, Final Heeting Vote; Yes; Schneider, Holasek, VanderLaan - No; Windschitl, Rither. 'lotion Carried. Prairie Road Attorney Hmvkins stated that he was unable to get a dollar amount 1'rom the appraiser on the Prairie Road right-of-way acquisition. Enrtineer KaS!'1a would like to discuss the possibilitv of going ahead with the final plans and specifications on this road work as the dehy will only cost more money. Attorney Hævkins +eels the costs, in case of condemnation proceedin.r:s, will in all probability to somewhere in the vicinity of $5,000 to $7,000. ¡OTION by VanderLa~~, Seconded by Rither, that the Staff prepare a Resolution (No.100-6 attached) to authorize TKDA to prepare final plans and specifications for the construc- tion of Prairie, Road under the 1ILmicipal State Aid Highway System, +ro!'1 Andover Boulevard to CroSSt01ffi Boulevard. Vote: Yes; Schneider, VanderLaan, Ri ther, Windschi tl - Present; Holasek as he is a prooerty O1ffier in the area. Hotion Carried. Rezoning/Assessment Correction - Hallblade I lOTION by lIolasek, Seconded hy Rither, to approve the Rezoning for Don Hallhlade, from R-l to R-3; Reference Commission No. 12763, for the reasons stated hy the Planning & Zoning Commission: (1) that the nrOperty has improvements in on both front and back lot lines, (2) Hr. Hallblade proposes subdivision which meets lot size require- ment of R-3 zoning and conforms with existing surrounding land use. This is Parcel 6370 of Plat 6928. (Resolution No. 101-6 attached) ¡ Councilperson Rither, reasons stated were the recommendations from the Planning and Zoning Commission, also apply to the Green Acres area in total, Ivhich Ivas suhject 0+ rezoning some weeks ago. 'btion Carried Unanimously. Regular City Council Heeting Dccember 21, 1976 - mnutes Page 2 Variance - The Oaks Councilperson Windschitl asked to he excused at this is his plat and he does not Ivish to sit on the Council whilc determination is made. Attorney Hawkins told the City Council that he has done some research on this matter and there is no clear cut determination to bc made. IIrnvever, possibly a compromise can be rcached as follows: Development on every other lot, restricting development on Lot 6 and Lot 8 so that the area for the smver svstem will bc sufficient as stated in the Ordinance. Building permits Ivould then he issued for Lots 5. 7, and 9. Building pcrmits have a1rcady been issued for Lots 2, 3, 4 and there is an existing home on Lot 1. This in Attorney Hmvkins' opinion seems the most equitahle solution to the problem as long as building permits were i5sued where thcy should not havc hecn issucd. Counci1pcrson VanderLaan pointed out that she feels it W~5 general know1edgc that ~K'1~h building renni ts 1\'ould not he issued on some of this propcrty at the time thc >}reli~mrnaiy plafi was reviclved. 'lOTION by Ho1asck, Seconded by Schneider, that thc City staff prepare a Resolution (No. 102-6 attached) for a variance +r~ Ordinance 10 and Ordin~~ce 8. Reasons as fo 1101vs : (1) City probably did not state this clearly enou?h at the timc 0+ the rcvicw of the preliminarv plat and final plat; (2) Building permits were issucd in error an three of thc lots. The cOMPromise worked out does have over 39,000 sq. ft. on the remaining lots. Vote: Yes; Rither, Ilo1asek, Schneider - ~o; VanderLa~ as she fcels there IvaS m~areness of the fact that buildin.[! pcmits 1\'ere to be issued on every third lot, 1\'hen the sketch plan Ivas introduced to the P f, Z Commission. Road Acceptance - University Extension Attorney Ha1~kins has the documents needed but he has not had time to rcvicw the title opinion ~~d verify the o"TIers of the ?roperty involved. ¡ ~OTION by I!olasek, Seconded hy VanderLaan, to postpone this until the ncxt meeting 0+ the Andovcr City Council. ~btion l~ithdrm'TI by I!olasek. ¡ Attorney Hall'kins statcd that he will have thc information and !1rescnt it back to thc Ci ty Council at the second meeting in January" 1277. b..J tt, t 'OTION by VanderLaan, Seconded by Rither, to re+er this matter to the City At~~~ey, for his action and approval, to be hrought back to the City Council the second n1<'cti'.g in .Tanuary 1977. Carried un~~imously. . I Variance - Darkenwald Realty 'OTION by Holasek, Seconded by Schneider, to ap1'1rove the variance (Re501ution No. D3-6 attached) for Darkenwd1d Realty, reference P & Z Commission H176-2 in which it states the variance be granted to the Darken1l'01d Realty for Parcel No. 34'1'1 0+ Plat 65915. Reasons as fol101~: Parcel does not meet Ordinance 3, Scction 4.0'1 and 4.04 and suhscction 8e. but notwithstanding this the Commission finds that a practical diffictlltv exists in that on this a hardship can be eliminated by the granting of the \~riance, the use of the propertv is IvÍ thin the general character of the surromding propcrty and thc granting of this variance will not adversely a+fect the existing potential use 0+ the adjacent land. Carried unanimously. Regular City Council ~Ieeting December 21, 1976 - ~!inutes Page 3 l'inal Plat - Grow OakvielV Estates Letter l~as received by members of City Council from Engineer Kasma. Title opinion has been received, but the abstract has not as yet been brought un to date. ¡mro¡.¡ by Ho1asek, Seconded by VanderLaan, that the City of ,'lndover approve the Fínal Plat 0+ Grow Oakview Estates and this will be contingent upon the title opinion being reviewed and accepted by the City Attorney by December 31, 1976; if not cleared by that time, anproval will he null and void and will have to be hrought before a subsequcnt City Council. A~!ENININr by Winds chi tl, in the event that the title opinion is determincd to be correct by the City Attorncy, he send a letter to the City stating this and ~iving particulars. After discussion it W3.5 determined that this is a continucd parctice at the City Hall and Councilperson Windschit1 withdrew his amend'TIent. !Iotion carricd unanimously. Break - 9:00 p.m. r,bostley Property Attorncy HaNkins has reviewed this and the only 0rdinance it would fall under Ivou1d be Ordinance 8, Section 3w, Ivhere it would be defined as a feed lot. This would requirc rezoning as the Ordinance exists now. ¡mro;, by VanderLaan, Seconded bv Holasek, that we instruct the staff to in+orm the O1'mcrs 0+ the Ghostley property Of the specific provisions of Ordinance 8, 1\'hich govcrn the intcnded activity on that narcel of property. ,rote: No; Schneider, Holasek - Yes; Rither, VanderLaan, ;¡nd Windschitl questioned the content 0+ the motion. HJTIO¡'¡ restated by VanderLaan: That the staff prcpare a letter to the O1\'J1ers of the (;hostley property indicating to them that the provisions of Ordinance 8, Section 3w state that any area 1,i1ere 15 or more nondomestic animals are confined is a cOl11!'1erCÎa1 feedlot and inasmuch as that activitv has ceased it is necessarv for tlle O1\'J1ers of the property to appear before the City to request a rezoning 0+ the property. Vote: Yes; Holasek, Rither. VanderLaan, Windschitl- No; Schneider. 'lotion Carried. , Presentation of 'Iaterials to Council-Elect , Attorney Hawkins stated that any materials that are public can be Kent by the outgoing Council, but anything ~at the City of Andover has paid for should be turned in. Rither suggested that~ '~~$~aff prepare an inventory list 0+ documents presented to the Council that have been purchased by the City so that at the end of the term this would he clear cut. Regular Ci ty Council 'Ieeting December 21, 1976 - ~linutes Page 4 '!S,~ Resolutions 'mIO~ by Rither, Seconded by Winds chi tl, to ~r~~ Resolution No. /0L/-(.. attacned. Resolution read by Rither. Carried unanimously. 't)TIO~ by Rither, Seconded by VanderLaan, to i'~f<Í\fe Resolution No. 10'-111-(. attacned. Resolution read by Rither. Carried unanimously. Amendment/Ordinance No. 32 (Sanitary Sewers) 'mIO~ by VanderLaan, Seconded by Holasek, +or change in Ordinance No. 32, Section 6a. relating to the charge of the administrative +ee to he cl¡anl'ed as +01101>'5: Delete the words "plus a ~15. 00 Administrative Fee f"or the City" in the last section of 6a. and Add: "a $15.00 Administrative Pee to cover nrocessing costs, shaH he charged at the time applications for the Sanitary Sewer permit are made." This nreceeds the last sentence of 5b. Carried unanirnouslv. Councilperson Windschitl pointed out that l~e are dealing with many different t\~es 0+ s~~er systems in this area; some that are really deep in the ground and otl¡ers that are very shallolv. In some cases hackfilling would create a hardship which l~ou1d mean tearing ~ the back yard. .The main concern of the City in these cases is for the safety of the residents. Ray Dalzell, 2120 133th - Would like to cenfirm what Councilperson Windschitl has mentlOned. His tank comes out underneath the footin¡Ts, he has concrete t:mks which nassed inspection, they are a minimum of 12 feet beneath the ground. It has already cost him $70 to have them pumped after hodc:ing up to the City Sel~er system. One of the tanks is located under his deck. Ron Buckhouse, 13328 Quinn Street N. Jr. - It isn't possible to drill a hole through the ground and the top of a system cover as the co\~r is 3 inches thick. !lis is about 5 feet beneath the ground and he has driven over it Ivith heavy machinery. His are hoth concrete and he feels the 1",,00d and fiberglas l~ould be di f+erent. He has hooked L.'¡:> to City sel~er today and requests consideration on this. ~OTIO~ by Irindschitl, Seconded by Holasek, at the end 0+ Section 3h, take the period out of the sentence and add: "at the discretion of the Building I) f"fi cial. " In ffi.'lking his determination, the Building Of+icia1 1vill use guidelines as established by the Ci ty Engineer. : A'~~'œNT by VanderLaan, that the guidelines prepared by the City Engineer shall be attached to and,become a part of Ordinance 32. No Second, À'!1Cndment dies. Vote: Carried unanimously. Sonsteby - Sewer/City of Anoka ¡ After some discussion it was determined that the proper procedure would he for R. Sonstcby to take her request to the City of Anoka by asking to be put on the agenda of their City Council meeting. Af"ter she receives approval 1'rom the City of Anob Š1e should then return to the City of" Ando\~r. R. Sonsteby agreed to fol101v through IVÍ th this procedures. Regular City Council ~~eting - December 21, 1976 - ~ünutes Page 5 Rosendahl - Street Problem This has been a continuing problem and source of complaint. Some grading Ivork Ivas done but the residents involved were not satis+ied that the problem was sol,~d. No one was present at the meeting regarding this problem and no action l~as takcn by t.~e City Council. ~unn/Anderson Intoxicating Liquor License It Ivas suggested by Councilperson Rither that this item should be handled by the new Council, so this item will he deferred until after the first of thc year. ~ark/Recreation Commission The City Council receivcd a letter from Wanda Burwell regarding the Hocl(ey Rink Warming House. D¡'Arcey Bosell, 2942 181st Avenue N.W. - Is one of the members of the Run River Hockey r\ssoclatl0n and coach of one team. ~tated some of the concerns of the association: 1. It is their understanding that about $700 l~as spent on the warming house. They would likc an accounting of the money spent. 2. Irondering about the condition of the ice. Have a gare scheduled for January 7 and the ice is in poor shape. 3. Concerncd about the maintenance of the ice and warming house facilities. 4. Schcduling of ice time. Ilayor Schneider stated that the 110ckcy Association has a1wavs scheduled the ice timc in the past. The ice will be floodcd on a regular basis but the weather has not been good for ice the last week. If thc ice time schedule is brou~ht in, it l~ill make it easier for the ice to be flooded at the pronertime. The warming house has becn workcd on just recently and is just about ready for the scason. Clerk Lindquist has an accounting of: the money spent on the l~arming house. I 'IJTIO~ by Windschitl, Seconded by VanderLaan, that the City Sta+f prepare a report +or the CIty Council, which ~~uld detail estimated expcnditures to comnlete the l~armin? house and get: it in shape. This Ivou1d includc a procedure for scheduling 0+ the ice and also a policy on ice surfacin?. The report would also include a schedule of all money spent or expected to be spent. Carricd unanimously. , Water /Ci ty of J\noka Engineer Kasma stated that the City of Anoka gave a polite no to the request from the City of Andover to hook un to the City of Anoka "later sunplv. 'OTIO~ by Rither, Seconded by VanderLaan, that the Citv Staff l~rite a letter to the ãëvelopers informing them of the information that Engineer Kasma has conveyed to the City. Council regardinp: the extension of utilities to the City of Andover from the City of Anoka¡and inform them that the City of .~oka has denied the request. Also include an accounting for Engineering services. Carried unanimously. Regular City Council 'lceting December 21, 1976 - ~ünutes Page 6 Aerial Storm Sewer Levy Attorney Jlm~kins stated that this is a question of whether the City Council would like to set up a schedule for the additional levy in the event it will be. needed. Counci1person Windschitl feels this needs to be discussed in more detail ~TIen the Fiscal Agent can he present. Dahlberg Printing Bill ¡,{)Tro:; by Windschitl, that we approve the Dahlberg bill +or $126.00. No Second. mrrON by Jlolasek. Seconded by Schneider, to pay the Dahlberg minting bill on the same basis as we paid the other printing bill. Vote: Yes; Schneider, HOlasek, Ri ther, VanderLaan - No; Windschi tl. Motion carried. BiCentennial Committee Request 'fayor Schneider will contact the Committee and perhans appoint a new chairpersC':l and they will be instructed to come back to the City Council with some quotes C~ cost of this project. '!eeting Dateßünute Approval ,ono:; by Windschi tl, Seconded by Ri ther J that the Andover City Council hold a Special '!eetíng on Deccm.1Jer 30, 1976, 7: 3D p.m., Andover City Jlall, for the purpose of approving all minutes that have not been approved, and that upon completion of that meeting they l~i11 hold another special meeting to a~pro\~ the minutes of the prior meeting. Carried unanimously. Payment of Claims ~ JnON by Windschitl, Seconded by Holasek, for approval of payment of claims from the General Account, Checks No. 1069 thru 1092 in the amount of $26,289.81; and approval of payment of claims from Irnprovenent fund 1976, Checks No. 133 thru 137, in the amount of $47,421.94., Carried unanimously. 'btion to adjourn by V~~derLaan. Seconded by Holasek. i læeting adjourned at 11:05 p.m. \~~~^\) ~ 'I ¿7 r1/~ ~ 7/(ac-e- yv '. ¿ :ih e~ ~ ~ t ,I 'farilyn K. Webster CU;~jJ Recording Secretary , "