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HomeMy WebLinkAboutCC June 1, 1976 CITY 01 ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 1, 1976 , AGENDA Special Meeting With County Attorney. _ 7:30 P.M. , I 1. Call to Order i 2. Agenda Approval 1 3. Approval of Minutes , a. May, 18, 1976 4. Public Hearings - None i. 5. Petitions, Requests, Communications 1 a. Gary Anderson _ Special Use Permit b. Gale Ferrian - Special Use Permit c. Clyde Morris - Kennel License Renewal d. D. Noon - Variance Request , r: Forâst Meadows - Preliminary Plat War Lake Drive - Dust Problem 6. i Ordinances and Resolutions a. Ordi~ance No. 22A - Licensing (Contractors) b. Resdlution - Set Bond Sale (76-1 Project) I 7. Reports of Officers, Boards, Committees E .1 a. nglneer (1) Red Oaks Park Report (2) Quinn Street/Nightingale Extension - Feasibility Report (3) MSAH Bridge Replacement 8. Old Business i a. l40q Lane Street Acceptance b. Maintenance Contract (Kraabel Construction) i c. l67th & l68th Lanes N. W. d. Dahl erg Printing Claim 9. New Busine s 10. Payment of laims 11. Adjournment , CITY 01 ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 1, 1976 HINUTES The Regular Bi-~bnthly Heeting of the Andover City Council was called to order by Richard J. Schneider on June 1, 1976, 7: 30 p.m., at the Andover City Hall, 1685 CrosstO\in Boul~vard N. W., Anoka, MÍtmesota. Councilpersons present: Holasek, Rither, VanderLaan, Windschitl Councilpersons'absent: None Also present: County Attorney, Robert W. Johnson; Assistant County Attorney, Robert H.A. Johnson; City Attorney, William Hawkins; Fiscal Agent, King Forness; Platming & Zoning Chairman, Ken Orttel; City Clerk, P. K. Lindquist, and residents from Ward Lake Drive. Special Discussion with County Attorney Johnson i Mayor Schneider introduced County Attorney Johnson and he proceeded to explain the processes followed in the County Attorney's Office, the cases pending from the City of Andover, and gave each Councilperson information covering the items he was explain- ing. He then passed out a questionnaire to be filled out by each Councilperson that will reflect their attitude, which will help the County Attorney's Office better represent the people in the County. He then introduced his son, Robert H.A. Johnson who basically explained the role of the County Attorney, and the County Attorney's Office. I i Agenda Approval I,mION by Schn~ider, seconded by VanderLaan, that the following changes be made in be agenda: Delete: 7.a.(2) Quinn Street/Nightingale Extension - Feasibility Report B.a. 140th Lane Street Acceptance Add: 7.a.(4) Oaks Plat Street Acceptance S.e. Hiring - Building Inspector Vote: Yes; 1101 ek, Rither, VanderLaan, Schneider - Present; Windschitl Approval of Minltes The following cbrrections will be made: Heeting Minutes dated I,lay 18, 1976. Page 2.M:>tion bt VanderLaan, April 30, 1976, Item No.1 only of that recommendation was inva id. Page 3.Under S~itary Sewer Project - should be Engineer Kasma and not an enommous amount b todays standards. - Page 5.Heather treet instead of Northwoods. Page 6.Councilp rson Rither seconded the motion to adjourn. ~mION by Rithe , seconded by Windschitl to approve the minutes with the above changes. Carried unanimo sly. Regular City Council Heeting June 1, 1976 -' Minutes Page 2 Gary Anderson - Special Use Permit The P & Z has informed him that the lot he has in mind for a filling station is not large enough for the building and plan of gas pumps, etc. that he has. He was wondering if there would be a refund of the filing fee. The P & Z felt the lot was not deep enough to be in accordance with the ordinance and didn't feel it was suitable for that use. : mnON by Holasek, seconded by Schneider for denial of this special use permit for tie reasons statediby the P & Z, that the plan as proposed doesn't seem to fit and if they would like to pursue it further they should come back Ivith another plan that would possibly fit on that particular lot. Ordinance 8 was duscussed and Councilperson Holasek withdrffiv his motion. : ~UTION by ¡rindschitl, seconded by Holasek that this item be referred back to the P & Z for them to obtain details of the building and to have some traffic patterns looked at and reviewed. Motion AMENDED by Holasek to also check the effect of whether the size of the lot 1Iill qualify for sanitary services, as a sanitary sewer of this size would have an effect on the surrounding property. Amended motion ~ied for lack of a second. I Vote on Hain ~Iotion: Yes: Schneider, Windschitl, Rither, VanderLaan - No; Holasek fori the same reasons as he stated in his amended motion. Gale Ferrian - Special Use Permit It was determin~d that Mr. Ferrian was going to"~is property for hauling in junk cars and tearing them down to use the parts. This property is located on the SW Corner of Bunker Lake Blvd. and J;¡ Street. The Oridnance was read and discussed. He has not current plans to put a b~ilding on the property. MOTION by Win~itl, seconded by Schneider, for denial of the Special Use Permit as requested for ed auto parts, which was part of the Special Use Permit, Ordinance 8, Section 3.02 (0100). Carried unanimously. This Special US~ Permit has been denied but he can reapply for a special use permit that is worded ifferently. He can receive a copy of the ordinance from the City Staff. I Clyde ~Iorris - Kennel License Renewal ~Ir. Morris will fot be attending this meeting and has asked that his request for Ketmel License newal be approved. fee has been paid. ~IJTION by Windschit1, seconded by Schneider, to approve the Kennel License Renewal as requested. I Carried unanimously. \ , Regular Ci ty Council Heeting June 1, 1976 - HÍnutes Page 3 D. Noon - Variance Request This lot variance has been approved by the P & Z Commission, as it meets 60% of the requirement in .the Ordinance and it is a legal lot of record. The legal description is: Nl/2 of the Nl/2 of the Nl/2 of the Nl/2 of the NW 1/4 of Section 9. ~mION by Holasek, seconded by Schneider, that we approve the variance request as it has been approved by the P & Z Commission on May 26, 1976, Commission No. 4769. Ordinance was read and discussed and Councilperson Holasek withdrew the motion. Attorney Hawkins suggested that the City Clerk be directed to research this to see when it became a Lot of Record. ~ION by Windschit1, seconded by VanderLaan, that We table this variance request untIl June 15, 1976 to allow the City Clerk to research to see when this lot became a Lot of Record. Carried unani~ly. Break - 9:30 Forest Head~s i_ Preliminary Plat I City Council members received a copy of the plat and letter from the Engineer for their use in making determination on park land dedication. Mr. Carlson explained that this piece' of property consists of a pretty hillsid~,wÞich drops down to a wooded and water area. They agreed to pay for whatever:~t~s might be necessary on the property. It was pointed out in the discussion that there are other parcels of land that are mOre suitable for park area dedication, that the City of Andover may have an opportunity to secure. ~mION by Winds~itl, seconded by Holasek, to approve Forest Headows Plat per P & Z Comnu.ssion 4626', for the reasons stated in the Planning & Zoning Commission recommenda- tion. I Vote: Yes; Winâschitl, Holasek, Schneider - No; VanderLaan and Rither - for reasons stated, that there are other parcels of land that may be more suitable for the City '0 "die," ~ r"k ,to,. Hotion carried. Ward Lake Drive - Dust Problem Hrs. Frantz - F~els it is completely unreasonable for them to have to put up with the dust trom the time the sn~ leaves in the spring until it falls again in the fall. Feels as they are taxpayers, some consideration should be given to their problem. She also feels theY~ShOUld take a traffice count. Engineer Kasma tated that putting Calcium Chloride on a road of this nature would be a complete waste of money. It would need some gravel and other work done on it before this could be applied in order to help alleviate the problem. Drain oil has been used in some areas but it simply hardens and breaks into pieces and causes more problems. , ;trlene PaulmaJY - Stated she felt they should be able to put d01in some gravel and o some upgradmg on the road. i , Regular City Council Meeting ~une 1, 1976 - ~ünutes age 4 wa~e Holmberg i-Feels that if the road were graded properly and some road maintenance per ormed each ,year it could gradually be improved and this would at least be more satisfactory to the residents along this road. Other residents along the road that were in attendance spoke from the floor on this dust problem. ~1uch of the dust is generated by the sod trucks. Engineer Kasma 'will work with the City Road Maintenance man and possibly determine a satisfactory 'maintenance project that would be helpful over the years. He will report at the next meeting on his findings. Ordinance No. 22A - Licensing (Contractors) i p & Z Chairman Orttel, stated that they deleted the portion which they felt included the repair of small appliances, installation of air conditioning, bathrooms, etc. as they felt many homeffiiners themselves can perform these repairs and should not be required to get a license from the City to do so. It was determined that if the dollar amount was set the same as the State Building Code it would be satisfactory to everyone, as the City Council feels there should be some control of this type of repair to make sure residents are aware of and will follrnv the Ordinances. Councilperson VanderLaan suggested that this be researched by the City Clerk to determine the amount listed in the State Building Code and report back to the City Council at the next meeting. I Resolution - Set Bond Sale (76-1 Project) Fiscal Agent Fobess gave information to the City Council on securing a bond rating and asked for approval of the bond sale as he has set it up. It is set up for the first payment on capitalized interested to be made February I, 1977, as they feel this is a far safer way of doing it so that the City does not come up short and unable to make the fir~t payment. This can be scaled back three months if the City Council desires which would result in a small savings. Mr. Forness also felt that the other small street prbjects, being discuss~d at the public hearing next week, could be included in thi bond issue to save the City money for another bond issue. He reviewed the schedule oflpayments that is set up in the material passed out. Tonight a deter- mination should be made on the approach to take on the bond sale, capitalized interest, etc. and also discuss the term of assessments that would be used for the street and storm sewer prorcts so that after the public hearing you determine what to order, adopt a resolut"on incorporating them in to the 76-1 improvement program, and then adopt a resolution sett"ng the sale which would be in the amount of $1,450,000 plus whatever tho ,"gino" dot"'""" " would tako fo' tho oth" ",,<11 ,";0''', ~ÐTION BY Vande Laan, seconded by Rither, that the City Council authorize Springstead Inc to secure a bond rating from ~ oody Investor's Service, to schedule the bond sale for June 29, 1iejesdaY at 7:30, and to accept the Report No. 1508 dated June 1, 1976. Vote: Yes; Schneider, liolasek, VanderLaan, Rither - No; Windschitl Hotion carried. Regular City Council Heeting June 1, 1976 -¡Minutes Page 5 Red Oaks Park Area Report Engineer Kasrna¡checked the Red Oaks Pond area and determined that regrading needs to be done by the contractor and they will go out and stake it out for him to make sure it is done properly; this involves about 600 yards of dirt. ~OTION by Rither, seconded by Holasek, be it RESOLVED that the City Council direct the Staff to contact L & R Excavating and direct said firm to return to the City Park area in Red Oaks Hanor and, as a part of their original agreement complete the necessary grading and shaping of the pond area in accordance with the recommendations and directions of the City Engineer, TJ<I1\. BE IT FURllæR RESOLVED, that the City Engineer be authorized to provide the necessary staking and inspection of the work since the drainage is critical to the adjacent homes. Carried unanimously. ~5AH Bridge Replacement I The $10,000 needed for the specifications and drawings for the two bridges CatUlot be included in the bond issue. TJ<I1\ can proceed but provisions will have to be made for payment. They would be willing to defer payment until July of 1977. Engineer Kasma feels they should be prepared to take advantage of the bridge replacement. He pointed out one change [in the information given out to the City Council as foll~s: We agree to delay payments until contracts are let but not later than July 1, 1977. (Everything else in Paragraph 5 should be crossed out.) I MJTION by Windschitl, seconded by Rither, to authorize the firm of TJ<I1\ to proceed with the drawing up of plans and specifications and drawings for the bridge replacementÅ“ Prairie Road and South Coon Creek Drive for a fee not to exceed $10,000. Carried unanimohslY. I Oaks Plat Street Acceptance Engineer Kasma teported that the contractor has put an 1-1/2 inch bituminous overlay on this street, the bituminous meets specifications and he would recommend acceptance of the street a meeting City standards. MOTION by HOlas~k, seconded by VanderLaan, that the City Council accept the street in the Oaks Plat" Carried unanimously. V~tL~ Councilperson wlndschitl was out of the room at the time of this vote. Engineer Kasma ~rOUght the City Council briefly up-to-date on the current construction project. I Regular City Council Meeting June I, 1976 - Minutes Page 6 , ~mION by VanderLaan, seconded by Rither, that Item 8.b. Maintenance Contract, 8.d. Dahlberg Printing Claim, and 8.e. Building Inspector, be moved entirely to June 3 agenda and that simply 8.c. be changed to report on 167th & 168th tonight with the understanding that necessary discussion will be held June 3, 1976. i Vote: Yes; Holasek, Rither, VanderLaan, Windschitl - No; Schneider - as he feels the Building Inspector problem shou.d be resolved. City Attorney Hawkins reported the the City cannot become financially involved in platting on private property and he reviewed the alternatives as follmvs: i 1. Criminal prosecution - statute of limitation has run out (Ord. 8). , 2. Violation of Ordinance 10, Collection of penalties - statute of limitation has run out. , , 3. Replatting - sees real problem as it would be necessary for each miner, contractor, or anyone cotmected with the property to get together and join in this replatting. 1 4. Grant blanket variance on these lots. i MJTION by Rithe1r, seconded by Holasek, to pay claims from FHA, Check No. 140 to Wm. B. Keller in the amount of $100,522.97 and Check No. 141 to TKDA in the amount of $5,828.87. I Carried unanimously. ~mION by HOlas~k, seconded by VanderLaan to adjourn the meeting. Carried unanimohSlY. 1 Councilperson Windschitl asked to be stated as voting "present" for the Oaks Plat Street Acceptance motion. (fIe ¡(W~ Marilyn K. Webs er I jr¡U Recording Secrc ary 11/1'> ) (j f' OXf